A. Permit Required; Nontransferability: Unless specifically exempted under subsection F of this section, an "earth change permit", as defined and regulated by this chapter, shall be obtained from the city department of community development prior to the commencement of any excavating, grading, regrading, land filling, berming, diking, clearing, or grubbing of any property within the city. Unless specifically exempt, an earth change permit shall be required prior to the clearing of land, including the removal of vegetation and ground cover or performing any other work constituting an "earth change" as defined in section 10-5-2 of this chapter. A separate permit shall be required for each separate noncontiguous tract, and no permit shall be transferable without the prior written consent of the department of community development.
B. Conditions Of Permit: Prior to granting any earth change permit, the department of community development shall attach such conditions thereto as may be deemed necessary to prevent hazards or damage to public or private property. Such damage shall include, but not be limited to, blockage, obstruction, alteration, or impairment of any storm sewer drain or natural or improved surface stormwater course. Any such attached conditions shall also prohibit the work thereby authorized from being conducted in a manner hazardous to life or property, or otherwise likely to create a public nuisance. Such public nuisances shall be deemed to include, but not be limited to, erosion, avulsion, or siltation anywhere within the storm sewer system or surface stormwater system of the city. Conditions attached to the permit may require, but are not limited to, submission of a stormwater drainage plan, submission of grading plans illustrating specified finished grade contours or spot elevations, installation of retaining walls, installation of drainage structures and piping, installation of stormwater detention or other drainage related facilities, installation of specific temporary and/or permanent erosion control measures, the procurement of any necessary public or private easements for the work being proposed, a specified written methodology and time period for performing the authorized work, and a description of the method and disposition of waste materials generated by the authorized work. (Ord. 617, 5-4-2009)
C. Application For Permit:
1. Unless exempted by subsection F of this section, any person desiring to effect an "earth change", as defined in section 10-5-2 of this chapter, shall file a written application for an earth change permit with the department of community development. Applications for an earth change permit shall be in such form and content as the department of community development shall establish. All such permit applications shall be accompanied by the payment of a fee. All site clearing, grubbing, grading, drainage, or other similar proposed improvements, including related design standards and features proposed by the applicant and approved or imposed by the department of community development, shall become conditions to the issuance of the earth change permit. No modifications, and/or additions to an approved plan, design feature, or specification shall be made without prior written approval of the department of community development. (Ord. 617, 5-4-2009; amd. 2013 Code)
2. At a minimum, each earth change permit application shall be fully completed and contain the following information:
a. The name, address and contact telephone number of the legal owner of the property for which the permit is being requested; the name, address, and contact telephone number of the applicant (if different than property owner); the street address and legal description for the property being permitted; the general type of earth change being requested; and the estimated start and completion dates of the earth change activities being proposed.
b. A drawing(s) illustrating the boundary of the project property, the location of the permit property related to surrounding vicinity, and the location and limits of the proposed earth change improvements. Such drawing(s) shall also include a street address and legal description of the permit property. A certified boundary and/or topographic survey may be required by the department of community development depending on the scope and complexity of the work being proposed.
c. Site improvement drawings indicating each separate land area to be excavated, filled, graded, regraded, leveled, bermed, cleared, or grubbed. Such site drawings shall include:
(1) The depth and location of each separate land cut or fill being proposed (existing and finished grade spot elevations or contours) including estimated quantities of such cut and fill.
(2) The present and future (as completed) points of entry and discharge for surface stormwater flowing onto and off the subject property.
(3) A description and location of all existing, temporary, and proposed structures and devices to be erected or established for the purpose of controlling or regulating surface stormwater, soil erosion, and sedimentation onto and off the subject property.
d. A separate narrative describing the applicant's plan for controlling soil erosion and off site sedimentation and a statement, by the applicant, certifying that the proposed earth change shall not cause soil erosion and sedimentation on off site properties.
e. The applicant's improvement plans shall provide for the receipt of surface stormwater onto and the discharge of surface stormwater from his property during all periods of construction activity and shall include a statement specifying the anticipated time period for the completion of all earth change and erosion control improvements.
f. Owner's statement and signature certifying that the approved plans will be implemented under the direct supervision of a registered professional engineer, if so required by the department of community development as a condition of the earth change permit.
g. Hydraulic and hydrologic analyses for stormwater runoff, any proposed stormwater detention facilities, any alterations within a flood hazard area, or the alteration of any established stormwater course.
3. If however, upon application, the department of community development is unable to determine from the information submitted that it meets the policies and standards governing the issuance of the requested earth change permit, the department of community development shall request the applicant furnish such additional information deemed necessary to complete the requirements prior to issuance of the requested earth change permit.
D. Posting Permit: Upon receipt of the approved earth change permit, the applicant shall post said permit conspicuously at the subject site for the duration of the project.
E. Expiration Of Permit; Periodic Review: An earth change permit shall expire six (6) months after it is issued if substantial progress has not been made toward completion of the work permitted. All issued earth change permits shall be reviewed periodically by the department of community development for compliance with the provisions of this chapter and any special conditions attached to the approved permit.
F. Exemptions From Permit: An earth change permit shall not be required for the following situations or activities:
1. Bona fide agricultural and farming operations which constitute the principal use of a particular tract of land in the city and which operations meet the requirements of the zoning regulations of the city.
2. Residential construction projects (new structures or remodel modifications to existing) that an application for a building permit has been applied for and issued, and are, therefore, under the jurisdiction of the building inspections division of the community development department.
3. Customary, incidental, routine or common grounds maintenance activities which do not expose the earth or ground to erosion, landscaping installation and maintenance, and home gardening, any of which that would not require a zoning use exemption, a minor zoning variance, or a building permit, and which do not affect natural drainage, or affect stormwater drainage entering and leaving any public or private easement or right of way.
4. Emergency repairs of a temporary nature made on public or private property which are necessary for the preservation of life, health, or property, and which are made under circumstances where it would be impossible or impractical to obtain an earth change permit. Notification that such emergency repairs have occurred without an approved earth change permit shall be made in writing to the department of community development within forty eight (48) hours from completion.
5. Any temporary excavation for the purpose of maintaining or repairing any public street, public utility, or any service line related thereto. (Ord. 617, 5-4-2009)