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Sec. 117-359. - Grading, mining and filling permits.
<br />(a)
<br />Purpose. The purpose of this section is to safeguard life, limb, property and the public welfare by
<br />controlling grading, mining, and filling operations so as to minimize conflicts with adjacent land uses,
<br />to preserve good soils and to regulate the type of materials used in filling operations, and to ensure
<br />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
<br />earthwork construction including fills and embankments, establish the administrative procedure for
<br />issuance of permits, and provides for approval of plans and inspection 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
<br />material for the purpose of compliance with a grading plan approved as part of a subdivision plat,
<br />site plan, or planned unit development, if said plat, site plan or planned unit development does
<br />not require the exporting of earth material, or for the purpose of the yard, foundation, or basement
<br />of a building in the process of being erected, built, or placed thereon contemporaneously with, or
<br />immediately 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
<br />material by a public agency incidental to the construction or maintenance of streets or utilities.
<br />Grading of individual residential lots by less than three feet in depth, filling of less than two feet at
<br />any point and which does 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
<br />herein. Said permit shall be applied for pursuant to section 117-52 and issued for a maximum
<br />period of three years, after which a permit renewal is required. Permit renewal requests shall be
<br />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
<br />and excavation of earth material.
<br />(3)
<br />(3)
<br />The costs to the city of the continuous administration of any interim use permit issued herein shall
<br />be paid by the permit holder. In order to insure payment, the operator shall deposit with the city
<br />an escrow sum in an amount specified by the city engineer. Said escrow deposit will then be used
<br />to defray the city's expenses in the continuing administration of the interim use permit. In the
<br />event the escrow fund is not properly funded, as described in this subsection (d)(3), the operator
<br />shall cease and further operations and the interim use permit will be deemed suspended until the
<br />proper sums have been deposited into the escrow fund. These costs are in addition to any security
<br />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
<br />council may from time to 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
<br />site. All maps shall be drawn ata 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;
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