(A) Permits required.
(1) A land alteration permit shall be required for the excavation, grading or filling of land whenever the alteration involves 2,500 square feet of land area or more, or for any alteration which, in the opinion of the Supervisor of Zoning, may present an erosion problem.
(2) Applications for land alteration permits may be made to the Supervisor of Zoning and shall include the following information:
(a) A plat or map showing the limits of the land to be altered;
(b) Amount of ground cover to be disturbed;
(c) Methods to be used in preventing erosion and trapping of sediment at the site;
(d) Methods and materials for restoring ground cover;
(e) Starting and completion dates; and
(f) Any other information the Supervisor of Zoning or City Council may request.
(3) Permits shall be granted only after a majority vote in favor thereof, by the City Council.
(4) The City Council may refuse to issue a land alteration permit to anyone who is not in compliance with any previously issued permit or for failure to properly contain any previous or existing alterations.
(5) The City Council may attach any condition it finds reasonable and necessary to any proposed land alteration permit.
(6) All land alterations existing upon the date of adoption and publication of this subchapter shall cease and the owner(s) of property upon which the alterations are taking place shall make application for a permit in accordance with this subchapter.
(B) Engineering or surveying required. All costs incurred by the city for engineering or surveying necessary for review or execution of land alterations shall be paid by the applicant or permit holder.
(C) Bond required.
(1) The City Council may require anyone making application for a land alteration permit to provide a performance bond in an amount as determined by the Council, for the performance and completion of any land alteration. In the event of failure by the land alteration permit holder to execute the land alterations in accordance with the approved permit, the city shall do so and shall submit claim against the bond for any and all expense incurred in correcting any default.
(2) The excavation, grading, stripping or filling of land, (known as land alteration) is hereby declared a public nuisance when the land alteration is performed without a permit as required by this subchapter or when the land alteration causes soil erosion, silt or rock deposits on public or private lands or when the collection or diversion of water attributable to the land alteration causes unacceptable run-off patterns on private or public lands or ways, or when the land alteration interferes with a comfortable enjoyment of life or property.
(3) Nuisances, as declared by the City Council, shall be abated by the city and all costs therefore shall be charged against the property or its owner(s) in a manner consistent with law.
(Ord. 61.12, passed 6-8-1987)