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The town engineer shall issue written permit exemptions. The following shall be exempt from the permit requirements of this chapter; provided, that the exemptions set forth in subsections F, G and H of this section shall not apply in situations where properties include environmentally sensitive areas:

A. Clearing of less than 5,000 square feet of land;

B. Earthwork of less than 50 cubic yards. This means any activity, which moves less than 50 cubic yards of earth, whether the material is excavated or filled and whether the material is brought into the site, removed from the site, or moved around on the site;

C. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as flooding or high fire danger that present an immediate danger to life or property;

D. Land clearing necessitated by order of the town council related to the abatement of a public nuisance where the town administers the work;

E. Removal of 12 or fewer trees that are six-inch diameter or smaller. The tree diameter is measured four feet from the ground;

F. The clearing by a public agency or a franchised utility within a public right-of-way or upon an easement, for the purpose of installing and maintaining water, storm, sewer, power, cable, or communication lines;

G. If a building permit is issued, no additional clearing, grading, or filling permit or associated fee will be required; provided, that the standards established in this chapter and pursuant hereto shall be applied to the issuance of said building permit;

H. Work, when approved by the town engineer, in an isolated, self-contained area, if there is no danger to private or public property. [Ord. 378 § 2 (Exh. 1), 1999.]