The City Administrator may issue an Excavation, Grading, or Filling Permit upon finding that:
A. The establishment, maintenance and operation of the Excavation, Grading or Filling will not be injurious to the use and enjoyment of other property in the City for the uses already permitted in the district.
B. The Excavation, Grading, or Filling will not impede the normal and orderly development and improvement of surrounding property for uses already permitted in the district.
C. The hours and days of operation (7:00 a.m. – 7:00 p.m. Monday through Saturday), the temporary and finished grade plan, the temporary and finished drainage plan, and the operation of the Excavation, Grading, or Filling generally, will not be injurious to the health, safety, welfare, comfort or convenience of the public.
D. The transportation of the Earthly Deposits will not cause damage to any public roads or streets, or that the applicant has stated the willingness to provide financial guarantees to the City to pay for restoration of foreseeable damage to public roads. Routing for the transportation of Earthly Deposits minimizes the use of residential streets to the maximum extent possible.
E. When applicable, the applicant has first obtained either a permit or letter of nonapplicability from the U.S. Army Corps of Engineers, the Minnesota Department of Natural Resources, and watershed organization.
F. The City Engineer has given written recommendation for approval of the application, with or without recommendations for special or unique conditions or restrictions.
G. Dust control measures will be required on the construction site and any graveled haul routes.
H. The applicant’s proposed use is accompanied by an approved Storm Water Management Plan issued pursuant to Chapter 7D of this City Code.
I. Special conditions or requirements of the Excavation, Grading, or Filling Permit have been made in writing by the City Administrator or City Engineer and are attached to the Permit.
[Section 9-103 amended by Ord. No. 89-13, effective December 8, 1989, amended by Ord. No. 94-5, effective January 12, 1996, amended by Ord. No. 07-02, effective March 1, 2007, amended by Ord. No. 09-04, effective March 19, 2009, as amended by Ord. No. 16-12, effective December 22, 2016.]