(1) Exclusions. This article shall not apply to:
(a) The excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or other like material for any construction for which a building permit has been issued, site plan approval or a development contract signed.
(b) Such excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or other like material as may be required by the state, county, or city authorities within their acquired rights-of-way and easements in connection with the construction or maintenance of roads and highways and utilities. “Rights-of-way” as used herein shall not include isolated parcels used exclusively for borrow pits.
(2) Permit required. Earth removal, land reclamation, material storage, or filling, shall be permitted in all zoning districts, on any lot or parcel except that it shall be unlawful for any person to remove, store, excavate, or place as fill any rock, sand, dirt, gravel, clay, or other like material within the city, in excess of 50 cubic yards per acre without first having applied for and having obtained a permit from the city. When 5,000 or more cubic yards of material is to be removed or deposited on any lot or parcel, an interim use permit shall be required. The inclusion of an earth removal and land reclamation permit process in this chapter does not automatically imply an applicant's entitlement to issuance of a permit. The city may refuse to issue a permit if in the opinion of the city, the application is not in the best interests of the city.
(3) Application.
(a) The application for the permit shall be made in writing to the City Engineer in such form as the City Engineer may designate and shall include such information as may be required by the City Engineer. The plan shall contain among other things a to scale map or plat of the proposed excavation, or fill area showing the confines or limits thereof together with the existing elevations and proposed finished elevations based on sea level readings. The plan shall also include all wetlands, drainageways, tree inventory and preservation plan, erosion control measures, final restoration improvements, and other features as required by the city. The plan shall also be in compliance with the City Standard Specifications for Construction.
(b) Each application shall be filed with the City Engineer.
(c) Each application for permit shall be accompanied by a fee, the amount of which shall be determined by City Council resolution.
(4) Conditions. The City Engineer or City Council, as a prerequisite to the granting of a permit, may require the applicant or the owner of the premises to incorporate and attach any conditions or restrictions that it deems necessary for the preservation of health, welfare, and safety of the citizens:
(a) Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse.
(b) Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks.
(c) Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the city may determine.
(d) Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel.
(e) Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non-decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited.
(f) Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins.
(g) Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas.
(h) Specify a time when the excavation or land reclamation project shall be completed.
(i) Place a minimum of four inches of top soil over the completed project and establish ground cover in a time period consistent with the city's stormwater management and pollution prevention plan.
(j) Reimburse the city for the cost of periodic inspections by the city for the purpose of determining that the terms under which the permit has been issued are being complied with.
(k) Implement the tree preservation plan.
(l) Post a form of security as determined by the City Engineer to cover potential city cost of repairing or cleaning any highways, streets, or other public ways within the city made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this ordinance and the particular permit, and to save the city free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the city.
(m) Other conditions deemed appropriate to the application by the City Engineer.