(A) Zoning permit. Before any clearing and/or grading of commercial land is begun, a zoning permit must be obtained from the city. Grading includes excavation, land clearing, filling, disturbance of natural terrain and vegetation, or any combination thereof.
(B) Unused land. Any graded land not built upon, paved or used for landscaping must be covered with 1 of the following materials to a depth of 3 inches watered and rolled or to a depth of 4 inches:
(1) Base coarse or a material with similar properties;
(2) Crusher fine; and
(3) Other landscape materials that prevent erosion subject to the approval of the city.
(C) Completion of division (B). If no structure is to be erected, coverage in division (B) above must be completed within 30 days of grading.
(D) Erected structure. If a structure is to be erected, coverage in division (B) above must be completed within 30 days after the structure is substantially completed.
(E) Runoff. If land to be graded is not level with the adjacent street, provision must be made to avoid dirt runoff. This erosion control may be provided by rip-rap, retaining walls, and the like.
(F) Barriers. At the discretion of the Mayor or his or her designee, silt fences or straw bale barriers may be required to control blowing sand or flowing water on a temporary basis.
(G) For existing developed lots. No permit is required for maintenance on existing developed lots.
(H) Land rehabilitation. Depleted land resulting from the actions but not limited to excavating, removing, processing, stockpiling or distribution of rock, sand, gravel, clay, pumice, scoria, decomposed granite, or similar materials, shall be rehabilitated.
(1) Grading and backfilling shall be made with non-noxious, non-flammable, non-combustible solids.
(2) Graded or backfilled land shall not collect and permit stagnant water therein, with the exception of ponding areas.
(3) Peaks and depressions of the area shall be reduced to a surface which will result in topography in substantial conformity to the land area immediately surrounding and which will minimize erosion caused by rainfall and run off.
(I) Obtaining a permit prior to work. Failure by the owner, lessor, lessee or person in possession (as defined) of real estate to obtain a permit prior to clearing or grading of land is a violation of this subchapter.
(J) Misdemeanor. Grading, clearing, plowing, tilling or other excavation of land prior to obtaining the permit required by this section is a petty misdemeanor.
(Ord. 57, passed 1-8-2003)