(A) Subsequent to preliminary plat approval, the developer may apply for a subdivision grading permit from the City Council and upon approval of the permit, may commence construction to the grades and elevations required by the approved preliminary plat. The subdivision grading permit shall be issued under the provisions of the city code and amendments thereto and in accordance with the fee schedule established within the appendix to Chapter 35. Approval of a subdivision grading permit does not obligate the City Council in any manner to approve a final plat.
(B) Subdivision grading prior to or after the approval of a final plat shall be completed under the requirements of divisions (C) through (F) and § 153.60.
(C) The application for the permit shall be made in writing to the city on form as the city may from time to time designate, and shall include information as may be required by the city and shall contain among other things:
(1) The correct legal description of the premises;
(2) The name and address of the applicant and owner of the land;
(3) The equipment necessary to complete the removal, storage or filling;
(4) The estimated time required to complete the work and the amount of material to be moved on the site and the amount to be removed from the site;
(5) The highways, streets or other public roadways within the city upon or along which the material shall be transported;
(6) Method and schedule for compacting and restoration, consistent with the preliminary plat grading plan, measures to control erosion during and after the work, and locations of all stockpiles, buried organic materials and rock outcroppings;
(7) A map showing the stages or limits of grading together with the existing or proposed finished elevations based on sea level readings;
(8) A landscape plan which shall provide visual screening from adjacent property through the use of berms, foliage or fencing as required in the preliminary plat for the project. The plan shall include all grading areas of the proposed permit which are within the required setback areas of the preliminary plat;
(9) The location and surface of access roads used by equipment;
(10) Methods of controlling dust; and
(11) The subdivision grading plan which shall provide information and be in accordance with the requirements of § 153.23(B).
(D) The subdivision grading permit shall be valid for the period approved for the preliminary plat or for a lesser period of time as the Council may specify when the permit is issued. Failure to complete subdivision grading as approved in the permit may be considered grounds for termination of the preliminary plat.
(E) The Council, as a prerequisite to granting all permits, or after any permit has been granted, may require the applicant or owner of the premises to:
(1) Properly fence any slope of 3:1 or greater that is adjacent to a project property line and which is deemed hazardous or dangerous by the city;
(2) Slope the banks, fill, level off any depression or mound or otherwise place in a condition at any time so as not to be dangerous because of sliding or caving banks and so as to minimize or stop erosion or dust during or after the grading operation;
(3) Properly drain, fill or level off any graded or ungraded area so as to make the same safe and healthful as the Council may determine;
(4) Reimburse the city for the cost of periodic inspections by the City Engineer, City Building Official or other city employee, for the purpose of seeing that the terms under which the permit has been issued are being complied with;
(5) Operate construction and grading equipment only between the hours of 6:30 a.m. and 5:30 p.m., Monday through Friday, as per the requirements of § 155.291(C)(1), unless otherwise stipulated in the subdivision agreement or by Council approval;
(6) Submit a suitable financial guarantee in a form and sum as the Council may require, running to the city, conditioned to pay the city the cost and expense of repairing any highways, streets or other public ways within the city, made necessary by the special burden resulting from the hauling and transporting thereon by the applicant in the removal of rock, dirt, sand, gravel, clay or other like material, the amount of the cost to be determined by the City Council; and conditioned further to comply with all the requirements of this chapter and the particular permit, and to save the city free and harmless from all suits or claims for damages resulting from the negligent grading, removal or storage of rock, sand, gravel, dirt, clay or other like material within the city;
(7) Submit a suitable financial guarantee, as approved by the Council, of a minimum $5,000 for each acre being graded at any time, running to the city, conditioned to pay the city the cost and expense of restoration of any unfinished and expense of grading, providing top soil and seeding where the applicant or owner shall fail to complete restoration within the conditions under which the permit was issued; and
(8) Comply with other requirements as the Council shall from time to time deem proper and necessary for the protection of the citizens and general welfare.
(F) Inspections and violations. At least once a month, or more often as necessary, the city Public Works Director shall instruct the staff to inspect all areas where a permit has been issued and report the findings.
(‘81 Code, § B1-16) (Ord. 293, passed 4-21-83; Am. Ord. 521, passed 10-10-91)