(a) The excavation and removal of soil shall be permitted only under renewable annual permit, subject to the approval of the Planning Commission based on a finding that the proposed excavation operation and the conditions in which the excavation site will be left will not be detrimental to the surrounding land uses or to the public health, safety, morals and general welfare. However, the provisions of this subsection shall not apply to excavations for the construction of a structure for which a building permit has been issued.
(b) The sanitary landfill or the filling and grading of any lot shall be permitted only under a permit for a prescribed period of time, to be determined by the Commission, and upon a finding by the Commission that the proposed sanitary landfill filling or grading will not encroach upon an existing flood plain, will not adversely affect surface water drainage and will not be detrimental to surrounding land uses or to the public health, safety, morals, and general welfare.
(c) The Commission may require all documents necessary to make the foregoing finding and impose such conditions as it deems necessary to safeguard the public health, safety, morals, and general welfare.
(d) The findings of the Commission shall be made upon the review procedure outlined in Chapter 1262.
(e) The Commission shall establish the amount of a bond and require a posting of such bond, in favor of the City, holding the City free of all liability incidental to such excavation or sanitary landfill and to assure performance in accordance with the conditions required by the Commission.
(Res. 24-95. Passed 2-13-95.)