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§ 154.252 PERMIT REQUIRED.
   (A)   Permit required. It is unlawful for any person to excavate any land, parcel or lot in excess of 100 cubic yards without first obtaining a permit from the city. It is unlawful for any person to reclaim any land, parcel or lot by filling or depositing material in excess of 100 cubic yards without first obtaining a permit from the city. Land reclamation by depositing or filling of land using non-earth materials in all cases shall require a permit.
   (B)   Conditional use permit required. To allow any alteration of the natural site of wetlands or marshes. See § 154.254 of this chapter for other requirements.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981) Penalty, see § 154.999
§ 154.253 PERMITS; EXCEPTIONS.
   (A)   Land excavation for a foundation or basement over which a structure is to be erected shall not require an excavation permit; provided that, a building permit has been issued.
   (B)   Land excavation by state, county or city authorities in connection with the construction or maintenance of roads or utilities shall not require an excavation permit provided the activity is conducted within the road or street right-of-way, together with any land excavation for state, county or city authorities in connection with any other public purpose.
   (C)   Curb-cuts, utility hook-ups or street openings for which another permit is required from the city shall not require an excavation permit.
   (D)   In any case where the City Administrator feels that the purpose and intent of this subchapter will not be subverted by waiving the requirement for a permit, the requirement may be waived; provided, the property being reclaimed is not wetland, marshland, in or adjacent to a watercourse and does not involve more than 9,000 square feet of property.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981) Penalty, see § 154.999
§ 154.254 PERMIT APPLICATIONS.
   (A)   The application for an excavation permit shall be made in writing on the form as the city may from time to time designate, and shall be filed with the City Administrator.
   (B)   The application shall contain the following information:
      (1)   The correct legal description of the premises;
      (2)   The name and address of the applicant and owner of the land;
      (3)   The purpose of the excavation or filling;
      (4)   The estimated time required to complete the work (starting date and days to completion);
      (5)   Method and schedule for restoration and measures to control erosion during and after the work;
      (6)   A topographical map or plat of the proposed excavation or filling showing the limits of the proposed work together with the existing and proposed finished elevations based on sea level datum, if deemed necessary by the City Engineer;
      (7)   The method of controlling drainage both during the proposed work and the final drainage plan;
      (8)   The estimated quantity of excavation or fill material; and
      (9)   Type of material to be utilized.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.255 GRANTING PERMIT.
   Upon receipt of the application, it shall be examined with the purpose of protecting and preserving the health, safety and general welfare of the inhabitants of the city. Upon conclusion of the examination, the City Administrator may or may not issue the permit.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
§ 154.256 PROCEDURE UPON DENIAL OF APPLICATION.
   An applicant who feels aggrieved by the action of the City Administrator in denying an application for a permit, or who feels aggrieved by the conditions imposed in connection with a permit, shall have the right to appeal the action of the City Administrator to the Council upon filing with the City Administrator a written notice of his or her intent to thus appeal. The City Administrator shall refer the notice to the Council and the Council shall, thereupon, within a period of no longer than 30 days thereafter, set a time for and hold a hearing upon the appeal at a regular Council meeting. Thereafter, the Council shall, within 30 days, decide the matter and serve a copy of its decision upon the applicant by certified mail.
(2002 Code, § 7.97) (Ord. 54, Third Series, effective 8-5-1981)
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