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<br />Sec. 117 -359. - Grading, mining and filling permits.
<br />( Purpose. The purpose of this section is to safeguard life, limb, property and the public welfare by controlling grading, mining, and
<br />filling operations so.as to minimize conflicts with adjacent land uses, to preserve good soils and to regulate the type of materials
<br />used in filling operations, and to ensure that disturbed areas are restored upon completion of the operation.
<br />(b) Scope. This section sets forth rules and regulations to control grading, mining, excavation, and earthwork construction including fills
<br />and embankments, establish the administrative procedure for issuance of permits, and provides for approval of plans and inspection
<br />of grading construction.
<br />(c) Exceptions. This section shall not apply to:
<br />(1) The excavation, removal, or storage of rock, sand, dirt, gravel, clay, black dirt, peat, or other like material for the purpose of
<br />compliance with a grading plan approved as part of a subdivision plat, site plan, or planned unit development, if said plat, site
<br />plan or planned unit development does not require the exporting of earth material, or for the purpose of the yard, foundation,
<br />or basement of a building in the process of being erected, built, or placed thereon contemporaneously with, or immediately
<br />following, such excavation, removal or storage.
<br />(2) The excavation, removal, or storage of rock, sand, dirt, gravel, clay, black dirt, peat, or other like material by a public agency
<br />incidental to the construction or maintenance of streets or utilities.
<br />(3) Grading of individual residential lots by less than three feet in depth, filling of less than two feet at any point and which does
<br />interfere with surface drainage in the area.
<br />(4) Excavations that require removal of less than 400 cubic yards of earth material.
<br />(d) Administration.
<br />(1) An interim use permit shall be required for all grading, mining and filling operations as required herein. Said permit shall be
<br />applied for pursuant to section 117 -52 and issued for a maximum period of three years, after which a permit renewal is
<br />required. Permit renewal requests shall be processed as an original request for an interim use permit.
<br />(2) The following operations shall be covered by this section: the removal, crushing, borrowing, filling and excavation of earth
<br />material.
<br />(3) The costs to the city of the continuous administration of any interim use permit issued herein shall be paid by the permit
<br />holder. In order to insure payment, the operator shall deposit with the city an escrow sum in an amount specified by the city
<br />engineer. Said escrow deposit will then be used to defray the city's expenses in the continuing administration of the interim
<br />use permit. In the event the escrow fund is not properly funded, as described in this subsection (d)(3), the operator shall
<br />cease and further operations and the interim use permit will be deemed suspended until the proper sums have been
<br />deposited into the escrow fund. These costs are in addition to any security requirements of the interim use permit.
<br />(4) Application for the interim use permit shall be made in writing to the council on such form as the council may from time to
<br />time designate, and shall include the following information:
<br />a. Names and address of the applicant, operator and owner of the land.
<br />b. The purpose of the permit.
<br />c. The exact legal description and acreage of the property to be graded, mined or filled.
<br />d. The following maps of the entire work site and including all areas within 350 feet of the work site. All maps shall be
<br />drawn at a scale of one inch to 100 feet unless otherwise stated below:
<br />1. Map 1: existing work site conditions to include:
<br />(i) Contour map (two -foot intervals);
<br />(ii) Existing vegetation;
<br />(iii) Existing drainage and permanent water areas;
<br />(iv) Existing structures;
<br />(v) Existing wells; and
<br />(vi) Water table elevations.
<br />2. Map 2: proposed operations to include:
<br />(i) Location of work sites to be graded, mined or filled showing elevations of each stage of proposed
<br />operations;
<br />(ii) Location of storage of mined materials, showing maximum height of storage deposits;
<br />(iii) Location of vehicle parking, and access roads;
<br />(iv) Location and description of erosion and sediment control structures;
<br />(v) Location of any proposed dewatering operations.
<br />3. Map 3: end use plan to include:
<br />(i) Final grade of proposed work site showing elevations and contour lines at two -foot intervals;
<br />(ii) Location and species of vegetation to be planted;
<br />(iii) Phasing plan; and
<br />(iv) Stormwater drainage plan.
<br />4. Map 4: location of designated hauling roads from work site to a state or federal highway.
<br />e. A soil erosion and sediment control plan.
<br />f. A plan for dust and noise control.
<br />g. A full and adequate description of all phases of the proposed operation to include an estimate of duration of the
<br />grading, mining or filling operation, location and approximate acreage of each stage and schedule for restoration.
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