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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)
At the time of filing the application for a permit to excavate or fill, the applicant shall pay a filing fee in accordance with the schedule of fees fixed and adopted from time to time by resolution of the Town Council.
(Prior Code, § 12.20.040) (Ord. 443, passed - -1978)
Within ten days after the filing of the application for a permit to excavate or fill, the Superintendent of Streets shall cause an investigation to be made, and shall either issue the permit upon the conditions expressed in the permit as he or she deems necessary to comply with all the provisions of this chapter, or deny the application.
(Prior Code, § 12.20.050)
(A) Before final action is taken by the Superintendent of Streets on any application for a permit to excavate or fill, he or she shall consider all pertinent matters concerning the proposed excavation or fill and its possible effect upon the public health, safety and general welfare, and shall exercise a reasonable and sound discretion in the premises.
(B) The application shall be denied if it appears to the Superintendent of Streets from his or her investigation that the excavation or fill would:
(1) Unlawfully remove the lateral or subjacent support of the adjacent land;
(2) Result in a dangerous topographic condition;
(3) Cause seepage or slides;
(4) Improperly divert the flow of drainage waters;
(5) Create a nuisance; or
(6) Otherwise in any manner endanger the health, safety or property of any other person, despite all precautions which the applicant might be ready, willing and able to take.
(Prior Code, § 12.20.060)
(A) Whenever an application for a permit to excavate or fill appears to the Superintendent of Streets to require the services of the Town Engineer for technical help and advice, the Superintendent of Streets may consult with the Town Engineer and require the Town Engineer to make inspections of the work in progress.
(B) Prior to the issuance of the permit, the Superintendent of Streets shall notify the applicant of the necessity for engineering inspection, and the applicant shall pay, prior to starting work, reasonable engineering fees in accordance with the schedule therefor fixed and adopted from time to time by resolution of the Town Council, and to be determined in advance of the issuance of the permit.
(Prior Code, § 12.20.070) (Ord. 443, passed - -1978)
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