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Section. 934.04. - Exemptions. (9) [Ponds.] A pond or ponds on a single-family residential lot or parcel, provided that: (a) The total surface area of the pond or ponds is not greater than one-half (%Z) acre in size or thirty-five (35) percent of the lot or parcel, whichever is more restrictive, except that the community development director or his designee may approve a larger pond area if the applicant: adequately demonstrates that a larger pond is necessary to satisfy the need for fill on site; (b) No excavation takes place within fifty (50) feet of the lot property line. Notwithstanding, in cases where the pond is necessary to meet stormwater management cut and fill balance requirements, said setback may be reduced to twenty-five (25) percent of parcel width perpendicular to a given lot line, as applicable; (c) The excavation does not disturb any existing wetland; (d) Pond depth does not exceed twelve (12) feet; (e) Side. slopes are not greater than one foot vertical to four (4) feet horizontal; (f) No excavated material is hauled from the property, unless the excavation is conducted to satisfy cut and fill balance requirements for stormwater management purposes, as verified by the county engineer, provided removal of excavated material off site is the minimum necessary to satisfy said requirements; (g) It is demonstrated that the pond excavation is the minimum necessary to satisfy the intended use of fill on-site, as applicable; and (h) A pond permit is obtained from the county planning division, including the posting of a five hundred dollar ($500.00) security or other amount established by a resolution of the board of county commissioners; said security to be returned upon verification by county staff that the above criteria have been satisfied. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 96-6, § 22, 2-27-96; Ord. No. 98-9, § 1, 5-19-98; Ord. No. 2008-023, § 2, 12-19-08) ATTACHMENT 6 208 ATTACHMENT