921.22  GRANTING OF PERMIT; APPLICABILITY.
   (a)   The Service Director shall review the applications made pursuant to Section 921.20 and 921.21 and, if he or she determines that the proposed grade changes will not adversely affect the public welfare, health, safety and convenience, he or she shall: grant the permit if it does not require any further permits under the codified ordinances of the City and shall grant approval of grading and/or erosion and sedimentation elimination plans associated with an application for a building permit pursuant to the Building Code of the Codified Ordinances of the City. In granting said permit or approval the Service Director and/or City Engineer may impose reasonable conditions relating to:
      (1)   The method of removing or depositing the soil or substance.
      (2)   The term of the permit.
      (3)   The type and/or quantity of the soil or substance to be removed or deposited.
      (4)   The effect on adjoining property by virtue of odors, noise, dust, drainage or erosion.
      (5)   A surety to provide for the repair of the probable effect upon a public right-of-way particularly damage to the road surface.
      (6)   Maintenance and restoration of land during and after construction in compliance with Section 921.25.
      (7)   Such other matters as may reasonably be required to protect the public health, safety, welfare and convenience. Any conditions so imposed by the Service Director and/or City Engineer shall be made a part of the permit and shall bind the applicant, and all successors or assignees.
      (8)   A reasonable deposit to be drawn upon for the cost of municipal inspections. Said deposit shall not exceed the cost of five hours' inspection per week for the term of the permit.
   (b)   Grade and Topography Alterations not Applicable.  The provisions of Sections 921.20 and 921.21 shall not apply to grade or topography alterations:
      (1)   Made pursuant to a previously issued building permit, when the change or alteration is set forth in the plans submitted with the application for said permit approved by the Service Director.
      (2)   Made pursuant to a previously approved subdivision plat when the change or alteration is shown in the plans filed and approved by the Service Director in conjunction with said plat.
      (3)   Made upon a single family residential lot on which there exists a dwelling house and when:
         A.   The change in grade or topography is solely for the purpose of landscaping, and
         B.   The change in grade or topography does not change, increase, alter or restrict the existing surface water drainage from or to adjacent lands.
   (c)   Uses not Applicable or Permitted.  The provisions of Sections 921.20 and 921.21 do not apply to or authorize permits for the removal or deposit of gas, petroleum or other hydrocarbons from, upon or under the land surface nor does it apply to or permit what is generally known as a mining operation, except stone quarries. The provisions of Sections 921.20 and 921.21 shall in all cases apply and override the provisions of Chapter 567, except as to parcels including less than one acre of land.
(Ord. 11-2001.  Passed 1-16-01.)