(A) Filling excavation. The use of land for major removal of topsoil, sand or gravel, and other material from the land is not permitted in any zoning district, except I-2 (municipal), except by the granting of a temporary excavation permit by the City Council after a review by the city’s Planning Commission. Permits shall be issued for a maximum period of one year and shall be subject to review and rehearing at that time. Any filling of more than 1,000 square yards requires a permit.
(B) Future use of the land. The persons who apply for a temporary excavation permit must submit a plan of intent as well as to the future use of the property being excavated as well as the development plans showing proposed elevations, drainage, access routes to be used in hauling to and/or from the site and daily hours intended for the operation as well as project period of excavation. Minor excavation requires the City Engineer’s review and approval.
(C) Safety precautions. If, during the excavation work, it becomes necessary for the person excavating to create a condition of grade of drainage not in the interest of health or safety, it shall become that person’s duty to correct, immediately, the dangerous situation created, as well as to fence that area from the general public during the period of danger.
(D) Bonding. It shall be necessary for the person securing a temporary excavation permit to present adequate proof of bonding to the city in the form of a performance bond, sufficient in value to cover the expense of the completion of the development plan or to bring that portion of the completed project to a safe grade and elevation so as to be healthful and safe to the general public and to provide safe and adequate drainage of the site.
(2004 Code, § 154.117) (Ord. 464, passed 1- -1996) Penalty, see § 154.999