5.7 ALL BUILDINGS AND CERTAIN LAND DISTURBANCE ACTIVITIES MUST BE PERMITTED

The Building Permit Agent or the Planning and Land Use Commission shall not issue Town Approval for any building permit to construct, repair, reconstruct or alter any building, or to move any building onto a lot unless it fully conforms to all Town Land Use Regulations in effect at the time of application. A. All buildings constructed in, reconstructed in, altered in, or moved into the Town, whether for Dwelling or accessory use including metal shipping containers and portable sheds, and unless exempted from building permit requirements under the provisions of state statutes related to buildings that are not located in residential areas and which are used solely in conjunction with agriculture use, and not for human occupancy, must have land use approval from the Town Designated Land Use Authority and, if required, a permit from the Grand County Building Inspector before commencing the construction or moving process. B. A Grade Review shall determine and establish existing grade prior to earth-moving processes used to prepare a site for future construction or moving a structure on to a lot (see Illustrations for Definitions C1 and C2 in this Ordinance; and Ordinance 95-6 Section 1.1.m). For sites that have never been disturbed, Existing Grade shall be the same as natural grade which is the elevation of the surface of the ground created through the actions of natural forces that have not resulted from human-made earthmoving processes. When existing structures or older disturbances to the land make natural grade indistinguishable from Existing Grade, Existing Grade shall be the ground level established when the existing structure or disturbance was created. Recent or new earth-moving will not necessarily qualify as Existing Grade and will require a determination from the Building Permit Agent as part of the Grade Review. If necessary, the Building Permit Agent may require an estimation of pre-development topography prepared by a registered land surveyor or civil engineer to make a determination of Existing Grade. C. A Land Disturbance Review must be completed in order to obtain Town approval for a Building Permit application. A Land Disturbance Review shall ensure that no changes are made to any wash, drainage, or Watercourse on the lot in a way that affects the exit point from the lot of the Surface Water or the concentration of discharge at that point. Land Disturbance Reviews expire in 12 months. If a Land Disturbance Review occurs more than 12 months prior to a complete Building Permit application being submitted, a new Land Disturbance Review shall be required prior to Town approval. D. A Land Disturbance Review or Land Disturbance Permit may be required prior to earth moving work not associated with a Building Permit application, including devegetation, as described in Town Ordinance 95-6 Section 1.3. E. All road easement encroachments must receive written approval by the Town’s Roads Manager through the approval of a Right of Way Encroachment Permit application prior to commencing any work within a Town road easement. F. All applications for a Town Land Use Decision shall follow the Town Building Permit Process as provided in Ordinance 95-6. Land use approval shall not be issued for a building or other Land Use Application that does not comply with all applicable Town Land Use Regulations. G. Buildings that are exempt from the building permit requirements because they are intended to be used solely in conjunction with agricultural use as provided in Subsection A must still comply with all provisions of Town Land Use Regulations. No such building shall be constructed or moved into the Town until a Certificate of Land Use Compliance has been obtained from the designated Town Land Use Authority.