Section
12.20.010 Definitions
12.20.020 Permit required to excavate or fill; exceptions
12.20.030 Permit application; contents; filing
12.20.040 Permit application; filing fee
12.20.050 Application; investigation; permit issuance or denial
12.20.060 Investigation; criteria
12.20.070 Investigation; use of services of Town Engineer; additional fees
12.20.080 Permit to move over 100 cubic yards; required findings for approval
12.20.090 Permit; notice of issuance or denial; appeal
12.20.100 Appeal; hearing
12.20.110 Bond and certificate of insurance
12.20.120 Conditions and requirements; generally
12.20.130 Slope of sides of excavation or fill
12.20.140 Permit suspension or revocation
12.20.150 Permit expiration; issuance of supplemental permits
12.20.160 Compliance with other code provisions
12.20.170 Enforcement; appointment of deputies
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXCAVATION. The cutting, grading, digging or removal of earth or natural materials in a manner as to change natural or existing terrain.
FILL. The placing, carrying or depositing of earth or natural materials in a manner as to change the natural or existing terrain.
OWNER. Any person who owns the fee simple title, equitable interest or easement rights to real property.
(Prior Code, § 12.20.010)
It is unlawful for any person to make or cause or permit to be made any excavation or fill in the town, except in accordance with a permit issued as specified in this chapter; provided that, no permit shall be required to fill or excavate:
(A) By any public utility;
(B) Where less than two cubic yards of earth or material are moved; and
(C) Where grading for a building site is being made for the purpose of immediate construction of a building or improvements thereon, for which a building permit has been issued, if, in the opinion of the Building Inspector, evidenced by a statement on the aforementioned building permit, no hazard to property rights of the town or of adjoining land owners will be encountered or created by the work of excavation.
(Prior Code, § 12.20.020)
(A) An application for a permit to excavate or fill must be signed by the owner of the land upon which the fill or excavation is to be made or by his or her authorized agent, and filed in duplicate with the Town Clerk, who shall forthwith deliver one copy to the Superintendent of Streets for action by him or her or his or her deputy.
(B) The application, in addition to any information required by the Superintendent of Streets, shall set forth the following:
(1) The name, identity and address of the owner;
(2) The name, identity and address of the contractor or other person who is to perform the work of excavation or fill;
(3) A description and the location of the property involved;
(4) A statement of the exact nature of the proposed excavation or fill, indicating the slope of the sides and the level of the finished surface, the type of earth or material to be moved, the method, manner and equipment to be used in the accomplishment of the work and the disposition of material of the site;
(5) A proposed time of commencement of work after issuance of the permit, and estimated date of completion;
(6) An agreement on the part of the applicant, to be effective for a period of two years from and after the date of completion of the excavation or fill, to indemnify the town and hold the town harmless against all damages which may arise out of or by virtue of any such excavation or fill, including any damage to public streets or equipment, and containing a covenant that the applicant will forthwith remove from and clean any public streets of any dirt, rock, debris or other material from any excavation or fill that may be carried down by rainwater or other means to and upon public streets. In the event of the sale of the property involved, during the period of the aforementioned contract, the applicant shall require the new owner to subscribe to all obligations under the contract;
(7) A description of all easement rights in the land to be excavated or filled, with names and addresses of each owner of any rights in and to the land, and proof of service upon each of the owners of notice of pendency of application for excavation or fill;
(8) An agreement to indemnify and hold harmless every owner of any interest in land to be excavated or filled against any loss or damage by reason of the excavation or fill, by completion bond or other security or agreement satisfactory to the owners of other interests or to the Superintendent of Streets; and (Upon demand of the owner of any interest in property affected or upon the demand of the Superintendent of Streets, a completion bond, in an amount to be fixed by the Superintendent of Streets, shall be made a part of the application.)
(9) An agreement that if the excavation or fill is not completed in accordance with plans and specifications therefor and the permit issued, then the work may be completed by the Superintendent of Streets and the cost thereof to be paid by owner applicant and until paid the costs shall constitute a lien upon the real property of the applicant.
(Prior Code, § 12.20.030)
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