(a) General. No permit shall be approved or issued until all required plans, reports, documents and security have been submitted and approved by the Planning and Zoning Commission and all fees have been paid.
(b) Action by the Planning and Zoning Commission.
(1) Application submittal. An application for a permit pursuant to this chapter shall be submitted to the City Engineer by the property owner or his or her authorized agent no less than 14 days prior to the regularly scheduled meeting of the Planning and Zoning Commission in order to be placed on the agenda for that meeting. Upon determining that the application is complete and upon receipt of the required fee, the City Engineer shall forward the application to the Planning and Zoning Commission for review and action.
(2) Notification of property owners. The Planning and Zoning Commission, upon receipt of the forwarded application from the City Engineer shall notify owners of properties within 500 feet of the perimeter of the property or properties that is the subject application to be considered by the Planning and Zoning Commission.
(3) Review by Commission. The Planning and Zoning Commission shall review the complete application package as transmitted by the City Engineer and if necessary, request additional data, clarification of submitted data or correction of defective submissions at the first regularly scheduled meeting of the Planning and Zoning Commission that the application appears on the agenda. If deemed necessary, the Commission, with the consent of the applicant, may refer an application to qualified consultants for review. The cost of such review shall be at the expense of the applicant.
(4) Approval of permit. The Planning and Zoning Commission shall review the application and shall approve the permit if it determines that the proposed grade changes will not adversely affect the public welfare, health, safety, and convenience. The Planning and Zoning Commission may impose reasonable conditions on any such approval including, but not limited to, conditions relating to the following:
A. The method of removing or depositing the soil or substance;
B. The term of the permit;
C. The type and/or quantity of the soil or substance to be removed or deposited;
D. The effect on adjacent property by virtue of odors, noise, dust, drainage or erosion;
E. The probable effect upon a public right-of-way, particularly damage to the road surface;
F. The reclamation of land; and
G. Such other matters as may reasonably be required to protect the public health, safety, welfare and convenience.
(c) Conditions. Any conditions so imposed by the Planning and Zoning Commission shall be part of the permit and shall bind the applicant and his or her successors or assignees.
(Ord. 07-O-36, passed 11-7-2007)