(A) Grading is the process of changing the existing landscape by altering the existing elevation of any property. Subject to the exceptions set forth below, no land shall be altered or graded and no vegetation shall be removed without first obtaining a permit from the city. The following exception 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 on any one lot and does not obstruct a drainage course, and such other exceptions as listed in Ch. 70 of the Uniform 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, such 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; and
(5) Grading plans approved as part of plat approvals.
(B) Issuance of a grading permit shall be made subject to the following minimum requirements and such other requirements as the City Council may specify to protect the public interest.
(1) 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 city right-of- way shall be by city permission.
(2) 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) Finished grades shall not adversely affect adjacent properties.
(4) Drainage facilities shall be provided to effectively divert or convey storm water run-off.
(5) Upon completion of grading operations the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded to establish approved vegetation.
(6) 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.
(C) The permit shall be in effect for six months unless otherwise specified by the City Council.
(D) The city may require appropriate erosion control measures to prevent soil erosion.
(Ord. passed 12-17-2014) Penalty, see § 157.999