The dumping of waste or other materials, grading, excavating, filling, and similar “earth changes” shall be subject to the following regulations.
(A) Dumping of waste, junk, or similar materials. The use of land for the storage, collection or accumulation of used construction materials, or for the dumping or disposal of refuse, ash, garbage, rubbish, waste material or industrial by-products, shall not be permitted in any district.
(B) Excavation. The excavation or continued existence of unprotected holes, pits, or wells which constitute or are reasonably likely to constitute a danger or menace to the public health, safety, and welfare is prohibited. However, this restriction shall not apply to excavations for which a permit has been acquired, provided the excavations are properly protected with fencing, guard rails, and warning signs. Excavations which may be permitted if proper permits are acquired include excavation related to construction of a driveway, walk, a permitted wall, or building or part thereof, or movement of soil within the boundaries of a parcel for the purposes of preparing a site for building construction or another permitted use.
(C) Dumping of soil, sand, clay, gravel or similar material. The dumping or filling with soil, sand, clay, gravel or similar earthen material (excluding waste, junk, or contaminated material) on any lot or parcel of land shall not occur unless the plans for dumping or filling have first been reviewed and appropriate permits issued by the Building Official. Land within a drainage easement shall not be filled unless approved by the City Engineer and\or the Director of Public Services.
(D) Removal of soil, sand or similar materials. Approval of the Zoning Administrator shall be required prior to the removal of topsoil, sand, gravel, or similar earthen material from any site in the city. A permit shall be issued only upon finding that removal will not cause stagnant water to collect or leave the surface of the land in an unstable condition or unfit for the growing of turf and other land uses permitted in the district in which the site is located.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999