Resolution - #94-03-058 - 03/22/1994

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10. 11. 12. 13. 14. 15. 16. 17. Impervious Surface Area. There shall be a maximum 90% of the total lot area permitted to be covered by impervious surfaces Impervious surfaces shall include all structures and surfaced driveways and parking areas. Condition of Premises. The property owner shall be responsible for maintaining the premises, This shall include, but not be limited to, maintaining any landscaping and keeping the premises free from litter and debris. Building Permits. No construction of any structures shall commence prior to the issuance of the applicable building permit by the City Building Official and the Site Plan Development Permit by the City Council. The Site Plan Development Permit shall not be considered issued until the property owner has provided the City with all financial guarantees required by the Permit and reimbursed the City for all costs incurred in processing the application for a conditional use permit and site plan approval.. Site Inspections. The City Administrator, or his designee, shall have the right to inspect the premises for compliance and safety purposes annually or~t any time, upon reasonable request. Cost of Administration. The property owner shall be responsible for all City costs incu~ed in administering and enforcing this Conditional Use Permit. Right to Require Performance. The failure of the City at any time to require perfomnance by the property owner of any provisions hereof shall in no way effect the right of the~ City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. Sever-ability. If any provision of this CUP shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. Modification. This CUP shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the City and IPS. Amendment, Suspension or Revocation of CUP. The violation of any of the material terms of this CUP is grounds for suspension or revocation hereof consistent with applic~tble law. Furthermore, the City specifically reserves the right to amend, suspend or revoke this CUP consistent with applicable law as reasonably required to protect the public health, safety and welfare, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend or revoke this CUP consistent with applicable law if the City Council reasonably determines that continued operation of the composting facility places the public health, safety or welfare or the environment in jeopardy or creates a public nuisance due to odors, litter, debris or other nuisance factors. Violation of Conditions. If William Dubats or his successors or assigns violates any material term or condition imposed by this CUP, it may be revoked and terminated consistent with applicable law. Without limiting the foregoing, the violation of any statute, regulation, ordinance or permit condition imposed by lawful governmental authority and governing operations on the Site is grounds for revocation and termination of this CUP consistent with applicable law. The change, alteration or amendment of any such statute, regulation, ordinance or permit condition by any governmental authority other than the City shall not excuse William Dubats from compliance with statutes, regulations, ordinances or CUP conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the City.