(a) Application for an excavation, grading or filling permit shall be made by the property owner or his/her authorized agent to the Community Development Department as enforcement officer, on forms provided by the City. An application form in duplicate shall be accompanied by a detailed statement of proposed work, the purpose thereof and the reason such work is clearly incidental to the improvement of the property. An application shall be accompanied by the following:
(1) Two sets of maps and plans with specifications showing the proposed excavation, grading or filling and any approvals or permits for such work required by any federal or state agency or subdivision thereof. All such plans shall be prepared by a qualified professional and drawn to an appropriate scale which in no case shall be less than one inch equals 100 feet and shall show the following:
A. Full name and address of owner of property;
B. Description of property by street address and tax assessor designation with a surveyed boundary shown on the plan;
C. The location of the premises and its geographic relation to the neighboring properties, showing all buildings and roads within 100 feet of the boundaries of the plot on which the excavation, grading or filling is proposed;
D. A plan of the portion of the property that is to be excavated, graded or filled with excavated material and specifications for the execution of the excavation, grading and/or filling.
E. The estimated maximum quantity of material to be excavated, graded or filled and the estimated part thereof that shall be used for grading or filling;
F. The location and depth, where known, of any well situated within fifty feet of the proposed excavation and/or filling;
G. The location of any sewerage disposal system or underground utility line, any part of which is within fifty feet of the proposed excavation, grading or filling area and the location of any gas transmission pipe line operated at a maximum service pressure in excess of 200 P.S.I.G., any part of which is within 100 feet of the proposed excavation, grading or filling area;
H. Existing and proposed topography of the premises and any area which is within 100 feet of the proposed excavation, grading or filling area at an appropriate contour interval which in no case shall be more than two feet. Existing and final elevations shall be shown at horizontal intervals of not more than twenty five feet. All physical features shall be shown including streets, structures, drives, walks, parking areas, trees, drainage structures, hydric soil areas, marsh or swamp land areas, etc. Existing and proposed elevations of all significant physical features shall be shown;
I. The location and present status of any previously permitted excavation operations on the property;
J. The details, plans and specifications of any drainage system proposed to be installed and maintained by the applicant, designed to provide for proper surface drainage of the land, both during the performance of the work applied for and after the completion thereof;
K. The design of any proposed retaining wall including complete design calculations, plans and specifications;
L. A statement concerning the type and nature of the soils on the site and any area which is within 100 feet of the proposed excavation, grading or filling area. This statement may rely on information provided by the Soil and Water Conservation Service Office of Portage County and shall identify and describe the location of any hydric soils and non hydric soils which contain hydric components as indicated in the Soil Survey of Portage County, Ohio, prepared by the United States Department of Agriculture, Soil Conservation Service and shall locate and identify any area shown as marsh or swamp land on the City of Kent Topographic Maps dated April 14, 1982. In the case where hydric soils, non hydric soils which contain hydric components, marsh or swamp land are indicated, this statement shall be supplemented
by an approval of the U.S. Army, Corps of Engineers and a copy of any study required by them. Hydric soils shall be any soils designated by the following map symbols: Ca, Cg, Da, Fr, Ho, Ld, Ln, Od, Sb, Sv, Tr or Wc. Non hydric soils which contain hydric components shall be any soils designated by the following map symbols which are located within depressions, drainageways, springs, swales, low areas and/or stream meander channels: CcA, CcB, DkD, DkF, FcA, FcB, FnA, JtA, MgA, MhB or ReA, RmA, RsC2, WaA and/or WaB.
M. The method of and specifications for erosion and siltation control to be implemented during the course of the work;
N. A plan and specifications for salvage and re use of the existing topsoil on the site;
O. An estimate of the cost of the work for all excavations, grading and/or filling of more than 500 cubic yards of material and for all projects involving the construction of retaining walls;
P. If the proposed excavation and/or filling is for the purpose of constructing a lake or pond, the details, plans and specifications of the proposed dam or other structures and the embankments intended to impound the water, together with the details, plans and specifications of the proposed discharge through a standpipe, overflow, spillway and/or a valved outlet for drainage purposes, the proposed level of any impounded water, and plans, specifications and details of the emergency or flood level overflow or spillway. Any proposal involving the construction of a dam for the impoundment of water shall be approved by the State Water Board, if and where necessary, and such approval shall be obtained prior to the issuance of a permit hereunder;
Q. Details and specifications of soil preparation and revegetation or other methods of soil erosion control upon completion, and in case of a wetlands, revegetation and restoration in accordance with the approved wetlands mitigation plan.
R. Proposed truck and equipment accessways to the worksite including plans and specifications for treatment of the accessways to protect the adjacent public roadway from the accumulation of dirt and debris; and
S. A statement from the property owner or his/her agent assuming full responsibility for the performance of the operation as stated on the plans and specifications in the application. This statement shall also contain an assurance that all City property and/or City roads shall be protected adequately.
(2) For applications involving retaining wall, lake or pond construction, wetland mitigation or excavation, grading and/or filling of more than 500 cubic yards of material, a performance bond in form and with surety approved by the Law Director in such amount as shall be deemed sufficient to insure completion of all work following excavation, grading or filling pursuant to the conditions of approval; provided that, in lieu of such bond, the Community Development Department may accept a certified or bank officer's check in the same amount payable to the City; and
(3) Fees to cover the cost of plan review and inspections as follows:
A. Application and permit fee: Twenty five dollars ($25.00) base fee plus two dollars ($2.00) per each 100 cubic yards of excavation, filling and/or grading or fraction thereof.
B. The application and permit fee shall be increased by two percent (2%) of the estimated construction cost of any retaining wall, storm water structure, utility line, pavement or other structure involved in the work. The estimated construction cost used to calculate the fees referenced in this subsection may exclude the additional cost which may be attributed to the use of decorative and/or ornamental materials and finishes.
(b) Upon receipt of the application and plan, the Community Development Department shall establish the amount of the performance bond, if any, and if such application and plan complies with the standards contained in this chapter, the Development Engineer shall issue a permit in accordance therewith. In acting on such an application and plan, the Development Engineer shall be guided by and shall take into consideration the public health, safety and general welfare, and particular consideration shall be given as to whether the plan shall create any of the following conditions:
(1) Interfere with surface water flow and drainage;
(2) Interfere with lateral supports and slopes;
(3) Cause erosion, alteration of the natural topography and grade of land, depletion of natural deposits of topsoil and other natural materials, disturbance of the plant and wildlife, creation of nuisances and potentially dangerous slopes, walls or open pits or creation of stagnant water pools; or
(4) Impact upon the value and use of adjacent properties;
(5) Increase the height or duration of floodwater;
(6) Result in incompatible land uses or uses which would be detrimental to the protection of surface and ground water supplies;
(7) Increase the financial burdens imposed on the community through increasing water treatment costs, increasing floods and overflow of water onto land areas;
(8) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and the wetlands within the community;
(9) Include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which presently contributes to downstream flooding or water pollution or for land and water areas which provide ground water infiltration which diminishes the land area necessary to carry increased flow or storm water following periods of heavy precipitation.
The Community Development Department may impose such reasonable conditions or requirements upon the issuance of a permit as he/she deems necessary or proper to assure faithful compliance with this chapter.
(c) A permit issued under this section shall expire one year from the date of issuance, except that the Community Development Department may, for due cause shown, extend any permit for one year periods after complete review of all plans and examination of work accomplished and proposed, provided application is made at least thirty days prior to the expiration date of such permit. In no case shall a permit be extended if the provisions of this regulation have not been complied with, provided, however, that in connection with continuing operations, the Community Development Department may waive, for one year periods, those requirements which would make continuing operations impractical. (Ord. 1990 44. Passed 8 8 90; Ord. 1991-23. Passed 5-1-91.)