1355.02 SOIL DISTURBANCES PROHIBITED WITHOUT PERMIT; USING SITE CLEARED OF TREES AND VEGETATION PROHIBITED WITHOUT PERMIT.
   No person, firm, corporation, owner or lessee of any lot or land shall cause or permit such lot or land to be substantially cleared of trees and/or vegetation, maintain or permit such lot or land to remain substantially cleared of trees and/or vegetation, or engage in or continue to engage in any activity or operation of such lot or land substantially cleared of trees and/or vegetation including activities such as construction top soil screenings, sand and gravel or other business operations involving bulk depositing, storage and/or stripping or removing of top soil, soil, sand, gravel, or other fill substances on or from said land without first applying for and securing a permit pursuant to the provisions of this chapter including the provisions of Section 1355.03 and 1355.05 on or before substantially clearing such land or commencement of any operation or activity thereon and annually so long as such land remains substantially cleared of trees and vegetation or any operation or activity continues on such cleared site.
   Any such person, firm, corporation owner or lessee who shall continue to maintain or permit such condition to continue or engage in such operations or activities shall apply for a new permit pursuant to Sections 1355.03 and 1355.05 annually so long as such site remains substantially cleared of trees and vegetation or any operation or activity continues on such cleared site.
   For purposes of this section, "substantially cleared of trees and/or vegetation shall mean and include any property including at least one acre of land so cleared as, determined by the City Engineer. For purposes of this section, any person, firm, corporation, owner or lessee who shall own or control all or any part of a contiguous acre of land so cleared who fails to secure any permit or renewal thereof required by this section shall be guilty of a misdemeanor of the first degree and each day upon which such violation continues shall constitute a separate offense.
   Provided further, however, that no words or language of this section or provision shall be construed to permit any use or activity otherwise prohibited by the ordinances of the City.
(Ord. 10-O-91. Passed 10-5-10.)