(A) Land alteration restricted; exceptions. Land alteration is the process of changing the existing landscape by excavating, filling, or grading. Subject to the exceptions set forth below, no land shall be altered, excavated, filled, or graded and no vegetation shall be removed without first obtaining a permit from the city. The following exceptions shall be allowed:
(1) A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards and does not obstruct a drainage course; and other exceptions as are listed the State Building Code;
(2) Construction of buildings for which a permit has been applied for and issued, provided the contemplated excavation or filling operation was sufficiently described at the time of building permit application;
(3) Excavations or fills by state, county, or city authorities in connection with the construction or maintenance of roads, highways, parks, or utilities or on slope or utility easements, provided the activity is conducted within public rights-of-way or easements;
(4) Curb cuts, utility hook-ups, or street openings for which another permit is required from the city; or
(5) Grading plans as approved of as part of plat approvals.
(B) Requirements. Issuance of a grading permit shall be made subject to the following minimum requirements, and other requirements as the City Council may specify to protect the public interest:
(1) Setback from adjacent property. All operations shall be conducted within the property lines. Grading that extends over the property lines shall require easements from adjacent property owners. Grading within the rights-of-way shall be by city permission;
(2) Excavation. It shall be unlawful for any person to dig and leave open, unfenced, unbarricaded, or uncovered, any pit, quarry, hole, or excavation, including basements, wells, septic tanks, or cesspools;
(3) Restoration. Upon completion of excavation or filling operations, the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded to establish approved vegetation;
(4) Finished grades. Finished grades shall not adversely affect adjacent properties;
(5) Drainage. Drainage facilities shall be provided to effectively divert or convey storm water runoff and follow the requirements of § 153.061;
(6) Fire, rodent, wind, and hauling control. Provisions for effectively controlling fire, rodents, and dispersal of material by wind or by hauling to and from the site, and for general maintenance of the site shall be made; and
(7) Permit period. The excavation or filling permit shall run for six months unless a lesser or greater period is requested and approved by the City Council.
(C) Erosion control.
(1) Criteria. Erosion and sediment control plans shall comply with the following criteria:
(a) Before a construction activity begins where soil will be disturbed, that requires a permit, an erosion control plan shall be submitted to the city for approval.
(b) All development shall conform to the natural site topography and soil conditions to control runoff in order to create the best potential for preventing soil erosion.
(c) All erosion and sediment control measures shall be installed prior to land disturbance activities, and shall not be removed without city approval. The developer or land owner is responsible for removal and disposal of erosion control devices.
(d) Land disturbance activities shall be phased when possible to minimize the amount of soil exposed to erosion at any one time.
(e) Erosion and sediment control measures shall be consistent with approved best management practices and shall be sufficient to retain sediment on-site.
(f) All areas disturbed by excavation and backfilling operations, shall have the turf re-established after the completion of the work in that area. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
(g) At the close of the construction season, the entire site must be stabilized, use a heavy mulch layer, or another method that does not require germination to control erosion.
(2) Clean-up. The developer or land owner shall maintain a neat and orderly site and daily clean, on and off site, dirt and debris, including all blowables, from the street and the surrounding area which has resulted from construction work by the developer or land owner, its agents or assigns.
(3) Maintenance. The developer or land owner shall be responsible for proper installation, operation, and maintenance of all stormwater pollution controls and soil stabilization measures in conformance with approved best management practices. The developer or land owner is responsible for the operation and maintenance of temporary erosion prevention and sediment control best management practices for the duration of the construction work at the site.
(4) Notification. If a construction site or buildable lot is sold, the owner is required to notify the buyer of the erosion control, clean-up, and landscaping requirements.
(5) Landscaping. The developer shall provide for the installation of landscaping in accordance with the landscape plan approved by the city. The developer shall sod the drainage swales. All trees, grass, and sod shall be warranted to be alive, or of good quality and disease-free at installation. All trees shall be warranted for 12 months after planting.
(6) Noncompliance. If the developer or land owner does not comply with the erosion control plan the city may taken action as it deems appropriate to control erosion at the developer’s or land owner’s expense. The city will endeavor to notify the developer or land owner in advance of any action, but failure of the city to do so will not affect the developer’s or land owner’s and city’s rights and obligations hereunder.
(7) Additional rules apply. During construction and until permanent cover is established, any land alteration that exceeds an area of 43,560 square feet (one acre) shall require compliance with the rules and procedures of the Watershed Management Commission having jurisdiction.
(1997 Code, § 25.08) (Ord. passed 11-14-1994; Am. Ord. 2012-8, passed 5-29-2012) Penalty, see § 10.99