(A) City requirements. The city, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom the permit is issued, or the owner or user of the property on which the land reclamation is located to:
(1) Properly fence the project site with both silt fences to control erosion and safety fences as determined appropriate;
(2) Slope the banks and otherwise properly guard to keep the fill or excavation in a condition as not to be dangerous from caving or sliding banks;
(3) Properly drain, fill or level the project site so as to make the site safe, as determined by the city. The property owner is liable for ensuring the safety of the site;
(4) Keep the fill/excavation/grading within the limits for which the particular permit is granted;
(5) Remove or transport fill/excavated/graded material upon the along highways, streets or other public ways as the city shall order and direct. The cleaning of the streets shall be the responsibility of the developer on a daily basis; and
(6) Retain and store top soil from the site in question and to utilize materials in the restoration of the site.
(B) Hours of operation. Unless expressly extended by permit, the hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Monday through Friday.
(C) Security. The city shall require either the applicant or the owner or user of the property on which the fill/excavation/grading is occurring to post a security in a form and sum as the city shall determine, with sufficient surety provided to the city, conditioned to pay to the city the extraordinary cost and expense of repairing, from time to time, and highways, streets or other public ways where repair work is made necessary by the special burden resulting from hauling and travel in transporting the material, the amount of the costs and expense to be determined by the city; and conditioned further to comply with all requirements of this subchapter, and the particular permit and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.
(D) Completion of operation.
(1) All operations shall be completed within one year of the issuance of the permit. Upon completion, the permit holder shall notify in writing the date of completion. If additional time beyond the one year is needed for completion, the permit holder may apply to the city and upon a satisfactory showing of need, the city may grant an extension of time. If an extension is granted, it shall be for a definite period and the city shall issue an extension permit. Extensions shall only be granted in cases where the permit holder shows that good faith efforts were made to complete the land reclamation operation within the allotted one-year period and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as teamster's strike, unusually inclement weather, illness or other valid and reasonable excuse for noncompletion. In the event request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with the other provisions of this subchapter relating to grading, leveling and seeding or sodding. What constitutes "reasonable time" shall be determined by the City Engineer after reviewing the premises.
(2) At the completion of land reclamation project in accordance with the approved plan, the premises shall be graded, leveled and stabilized with seeded or sodded with grass. The grade shall be the elevation with reference to any abutting street or public way as the City Engineer shall prescribe in the permit. The site shall also conform to the prerequisites as the City Engineer may determine with reference to stormwater drainage runoff and stormwater passage or flowage so that the excavation cannot become a source of, or an aggravation to, stormwater drainage conditions in the area. The City Engineer shall review the project following completion to determine if the applicant has complied with the conditions imposed as part of the permit.
(E) Failure to comply. The city may, for failure of any person to comply with any requirement made of them in writing under the provisions of the permit, as promptly as same can reasonably be done, proceed to cause the requirement to be complied with, and the cost of the work shall be taxed against the property whereon the land reclamation is located, or the city may, at its option, proceed to collect costs by an action against the person to whom the permit has been issued, and their superiors if a security exists.
(Prior Code, § 11-27-3) (Ord. 258, passed 5-4-2006)