Issuance of a major or minor land disturbance permit are subject to the following minimum requirements, and such other requirements as the City Council may specify to protect the public interest.
(A) All operations.
(1) At the end of excavation, grading or filling operations, the disturbed area must be restored with topsoil or other approved cover material and reseeded to establish approved vegetation.
(2) Finished grades may not adversely affect adjacent properties.
(3) Drainage facilities must be provided to effectively divert or convey storm water run-off. Any previously existing drainage ways that convey water from an adjacent property must be preserved in order to allow water flow.
(4) It is unlawful for any person to dig and leave open, unfenced, unbarricaded an entrance to, a pit, quarry, hole or excavation.
(B) Major land disturbance permit operations.
(1) Provisions must be made for effectively controlling dispersal of material by wind or by hauling to and from the site, and for general maintenance of the site.
(2) Spillage of material on and damage to public streets used as haul roads must be cleaned up and repaired to the satisfaction of the City Administrator/Clerk-Treasurer.
(3) Hours of operation are limited to daylight hours only (not before sunrise and not after sunset), Monday through Saturdays. Operations on Sunday are limited to between the hours of 12:00 p.m. and 5:00 p.m. The City Council may modify, on an individual basis, such operational hours. Applicants for modification must make a specific request, and must provide documentation to support the request. Modifications will be made only after a public hearing has been held before the City Council.
(4) All operations must be conducted no closer than 25 feet to an adjacent property, unless under common lease or ownership, and no closer than 100 feet to any right-of-way line.
(5) Operations may not be conducted closer than 300 feet to an existing dwelling, school, hospital or similar residential or public use.
(6) A 25-degree slope must be maintained.
(Prior Code, § 420.11) (Ord. 172, passed 3-16-1994; Ord. 04-1, passed 3-3-2004; Ord. 2008-05, passed 5-21-2008) Penalty, see § 10.99