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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)
(A) Notwithstanding any of the provisions of this chapter, no permit to excavate or fill shall be granted, where the application shows the excavation or fill to involve the movement of over 100 cubic yards of material, unless and until approval of the application is given by action of the Planning Commission of the town.
(B) The application, upon receipt, shall be referred to the Planning Commission for investigation and action, and before action of approval may be given, the Planning Commission must find:
(1) The health, welfare and safety of the public will not be adversely affected;
(2) Adjacent properties are adequately protected by project investigation and design from geologic hazards as a result of the work;
(3) Adjacent properties are adequately protected by project design from drainage and erosion problems as a result of the work;
(4) The amount of excavation or fill proposed is not more than is required to allow the property owner substantial use of his or her property;
(5) The visual and scenic enjoyment of the area by others will not be adversely affected by the project more than is necessary;
(6) Natural landscaping will not be removed by the project more than is necessary;
(7) The time of year during which construction will take place is such that work will not result in excessive siltation from storm runoff nor prolonged exposure of unstable excavated slopes.
(Prior Code, § 12.20.080)
The Superintendent of Streets shall forthwith notify the applicant of his or her action on the application and, if the applicant is dissatisfied therewith, he or she may appeal to the Town Council by filing a written notice of appeal with the Clerk within 30 days after notice from the Superintendent of Streets, and shall, at the same time, deliver to the Town Clerk a list of the names and addresses of all owners of property within a 300-foot radius from the exterior boundaries of the proposed excavation or fill.
(Prior Code, § 12.20.090)
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