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No person shall do or cause to be done any grading, stripping or cutting upon any site within the city unless and until he or she has obtained a grading permit approved by the Building Inspector; however, no grading permit shall be required for the tilling or cultivating of any plot of ground within the city for the purpose of growing flowers, vegetables or other plants.
(Ord. 04-05, passed - -) Penalty, see § 151.99
(A) Any person desiring a grading permit shall submit the following information for the entire site upon which any grading, stripping or cutting is to be done.
(1) A plat or boundary line survey of the entire site on which the grading, stripping or cutting is to be done;
(2) Description of the features, existing and proposed, surrounding the site of importance to the proposed development;
(3) Description of general topographic and general soil conditions on the site. Information as to soil conditions is available from the Conservation Districts;
(4) The location and description of existing and future human-made features of importance to the proposed development;
(5) The plans and specifications for a grading permit shall contain needed and necessary soil erosion and sedimentation and control techniques using one or more of the appropriate soil erosion control measures in accordance with the standards and specifications of the Conservation Districts if the proposed grading, stripping or cutting will result in soil erosion and/or situation of adjoining property or property in the area; and
(6) A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to completion of effective erosion and sediment control measures.
(B) All applications for grading permits shall be made in writing upon a form provided by the City Building Inspector and shall be made under oath and signed by the owner of the site, the owner by the contractor proposing to do the work or another authorized person.
(Ord. 04-05, passed - -)
(A) Upon any person filing an application for a grading permit, the Building Inspector shall, within three days of the date of the application, make or cause to be made an inspection of the site to be graded, and if he or she finds the erosion or sediment control measures are not necessary or that the planned and specified measures contained in the application are adequate to control and prevent erosion and/or situation of adjoining property or property in the area, he or she shall immediately approve the issuance of the grading permit. In the event that the Building Inspector finds that the proposed grading as planned will result in erosion and/or situation of adjoining property or property in the area, he or she shall not approve the issuance of the grading permit.
(B) Grading permits upon tracts of land smaller than one-fifth acre shall be approved by the Building Inspector if the following conditions are met:
(1) The proposed grading, stripping or cutting will not result in soil erosion and/or situation upon adjoining property or property in the area; or
(2) No disturbed soil shall be exposed for more than 30 days without temporary or permanent cover.
(C) Grading permits upon tracts of land larger than one-fifth acre shall be approved by the Building Inspector if the following conditions are met:
(1) The proposed grading, stripping or cutting will not result in soil erosion and/or situation upon adjoining property or property in the area;
(2) No disturbed soil shall be exposed for more than 30 days without temporary or permanent cover; and
(3) If needed to prevent excessive soil erosion and/or situation, the plans shall contain appropriate soil erosion and sedimentation control techniques using one or more of the soil erosion control measures in accordance with the standards and specifications of the Conservation Districts.
(Ord. 04-05, passed - -)
Any grading permit issued under the provisions of this subchapter shall be valid for a period of six months from and after the date of the permit. If the grading or the site has not been completed within six months from the date of the permit, the permit may be renewed for an additional period of six months without assessment of any fee therefor. If any grading is not started and the work not actually begun within six months after the date of the original permit, no renewal permit will be granted, but a new application shall be made and an additional fee paid. The additional fee shall be on the same schedule as any other permit.
(Ord. 04-05, passed - -)
Upon being granted a grading permit, the permitee shall pay $5 for each $1,000 of the estimated cost of grading as shown on the application, but in any event a minimum fee of $5, and the payment of such fee shall be a prerequisite to granting of a grading permit.
(Ord. 04-05, passed - -)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Whoever violates or fails to comply with any provision of §§ 151.30 to 151.36, the Building and Housing Code or of a technical code adopted hereunder or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such order as affirmed by the appellate body or by a court of competent jurisdiction within the time fixed therein, shall, severally and for every such violation and noncompliance respectively, be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both, the imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that any prohibited condition is maintained shall constitute a separate offense.
(2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(C) Until an application is made and approved in the manner prescribed in §§ 151.50 to 151.55 and the grading permit issued, no grading, stripping or cutting of any site within the city shall be done and no grading, stripping or cutting of any site within the city shall be done without strict compliance with soil erosion and situation control measures set forth in the grading permit. Any owner or contractor and any workers who perform any work or labor, or cause, permit or allow the same to be performed in the grading, stripping or cutting of any site within the city without obtaining a permit therefor or without complying with the soil erosion and control measures set forth in the grading permit shall be fined an amount not to exceed state law until in compliance.
(Prior Code, § 1705.99) (Ord. 04-05, passed - -)