921.19  SOIL DISTURBANCES, GRADING, TOP SOIL, SAND AND GRAVEL OPERATIONS PROHIBITED WITHOUT PERMIT; CAUSING, CONTINUING, OR USING SITE CLEARED OF TREES AND VEGETATION PROHIBITED WITHOUT PERMIT.
   (a)   No person, firm, corporation, owner or lessee of any lot or land shall change or alter or cause to permit a change or alteration in the existing grade or topography of said land, whether said change or alteration results from stripping or removing soil or substance from said land or depositing soil or some other fill type substance on said land, including but not limited to, top soil, loam, sand or gravel, unless said change or alteration is in conformance with a permit to do so issued pursuant to the provisions of this chapter.
   (b)   No person, firm, corporation, owner or lessee of any lot or land shall cause or permit such lot or land to be substantially cleared of trees and/or vegetation, maintain or permit such lot or land to remain substantially cleared of trees and/or vegetation, or engage in or continue to engage in any activity or operation on such lot or land substantially cleared of trees and/or vegetation including activities such as construction, top soil screening, sand and gravel, or other business operations involving bulk depositing, storage and/or stripping or removing of top soil, soil, sand, gravel, or other fill substances on or from said land without first applying for and securing a permit pursuant to the provisions of this chapter including the provisions of Sections 565.03 and 565.04 of the Euclid Code of Ordinances on or before substantially clearing such land or commencement of any operation or activity thereon and annually so long as such land remains substantially cleared of trees and vegetation or any operation or activity continues on such cleared site.
   (c)   Any such person, firm, corporation, owner, or lessee, who shall continue to maintain or permit such condition to continue or engage in such operations or activities shall apply for a new permit pursuant to Sections 921.20 and 921.21 of the Euclid Code of Ordinances annually on or before the first day of March of each year so long as such site remains substantially cleared of trees and vegetation or any operation or activity continues on such cleared site. For purposes of this section, “site substantially cleared of trees and/or vegetation” shall mean and include any property including at least one acre of land so cleared as determined by the Service Director and/or City Engineer.
   (d)   Provided further, however, that no words or language of this section or provision shall be construed to permit any use or activity otherwise prohibited by the ordinances of the City.
   (e)   Any person, firm, corporation, owner, or lessee, who shall own or control all or any part of a contiguous acre of land so cleared who fails to secure any permit or renewal thereof required by this section shall be guilty of a misdemeanor of the first degree and subject to the penalty provided in Section 921.99. Each day upon which such a violation continues shall constitute a separate offense.
(Ord. 11-2001.  Passed 1-16-01.)