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No permit shall be required for the following classes of excavation, grading or filling operations.
(a) Building Permit. Under provisions of a duly issued building permit.
(b) Excavation for Streets and Drains. Necessary grading, removal or excavation of topsoil, or other materials shall be permitted within the limits of the right of way or slope rights of any existing street, or for the purpose of constructing streets and other related improvements within the area of new subdivisions when made in accordance with subdivision plans approved by the Planning and Zoning Commission, which subdivision plans shall establish the elevations and grades of such streets and/or the location of such improvements, and for which a “street construction permit” or a “drain connection permit” has been issued.
(c) Other Construction Work. Construction work relating to drains, utilities or sanitary sewerage systems for which a street opening and/or other necessary permit has been issued by the Director of Building, who shall immediately notify the Building Department and the Fire Department of such permit.
(d) Farming. The provisions of this section shall not be construed as prohibiting or limiting the lawful use of land for farming or gardening, or similar agricultural use in any zoning district where and as permitted by the Zoning Ordinance.
(e) Other Exceptions. The following exceptions are exempt provided they do not alter existing drainage patterns:
(1) Lawn Installations
(2) Raised flower beds.
(3) Landscaping, including mounds.
(4) Other items as determined by the Building Director.
(Ord. 1999-02. Passed 1-11-99.)
No excavation, grading or filling shall be permitted which may interfere with the natural drainage of the real property surrounding the site. All existing watercourses shall be preserved except that such watercourses may be relocated or piped, provided that there will not thereby be created any interference with the riparian and drainage rights or easements of other property owners, and provided further that no drainage shall be made onto public land or connected with public facilities without the express approval of the Director of Building, except with respect to land controlled by the Board of Education, in which event such approval shall be obtained from the Board of Education.
(Ord. 1999-02. Passed 1-11-99.)
(a) Application for such permit shall be made by the property owner or his authorized agent, and shall be made to the Building Director as enforcement officer, on forms provided by him. An application form in duplicate shall be accompanied by a detailed statement of proposed work and the purpose thereof and why the excavation, grading and/or filling is clearly incidental to the improvement of the property. An application shall be accompanied by the following:
(1) Full name and address of owner of property.
(2) Description of property by street address.
(3) The location of the premises and its geographic relation to neighboring properties, all buildings and roads adjacent to the boundaries of the plot on which excavation, grading is proposed.
(4) The portion of the property that is to be excavated, graded or filled with excavated material.
(5) When available, the location of any well situated within fifty (50) feet of the proposed excavation, grading and filling area.
(6) When available, the location of any sewage disposal system or underground utility line, any part of which is within fifty (50) feet of the proposed excavation, grading, filling area and the location of any gas transmission pipeline, any part of which is within fifty (50) feet of the proposed excavation, grading or filling area.
(7) The location and present status of any previously permitted excavation operations on the property.
(8) The details of any drainage system proposed to be installed and maintained by the applicant, designed to provide for proper surface drainage of the land, both during the performance of the work applied for and after the completion thereof.
(9) Details of soil preparation and of revegetation or of other methods of soil erosion control.
(10) Proposed truck and equipment access ways to the work site.
(11) A statement from the property owner or his agent assuming full responsibility for the performance of the operation as stated in the application. This statement shall also contain an assurance that all City property and/or private property and/or City roads will be protected adequately.
(b) For excavations, grading and filling, a performance bond on form provided by the Building Director in such amount as he shall deem sufficient to insure completion of all work following excavation, grading and filling pursuant to the conditions of approval. The Building Director may require a cash bond in lieu of a performance bond and a road bond, as approved by the Service Director, to adequately cover any proposed damage(s) to the City’s roads and rights of way.
(c) A fee as specified in Chapter 149 of the Codified Ordinances shall be deposited with the Building Director to cover the cost of the inspections and administrative fees.
(d) Upon receipt of the application and plan, the Building Director shall establish the amount of the performance bond, if any, and if such application and plan comply with the standards contained in this chapter, the Building Director shall issue a permit in accordance therewith. In acting on such an application and plan, the Building Director shall be guided by and shall take into consideration the public health, safety and general welfare, particular consideration shall be give as to whether the plan will create any of the following conditions:
(1) Interfere with surface water flow and drainage.
(2) Interfere with lateral supports and slopes.
(3) Cause erosion, alteration of the natural topography and grade of land, depletion of natural deposits of topsoil and other natural materials, disturbance of the plant and wildlife, creation of nuisances and dangerous open pits, creation of stagnant water pools.
The Building Director may impose such conditions or requirements upon the issuance of a permit as he deems necessary or proper to assure faithful compliance with this chapter and he may also solicit the assistance from any other governmental agencies and/or professionals to insure that the work be completed properly.
(e) The Engineer shall be guided by and particular consideration shall be given as to whether the plan will create any of the following conditions:
(1) Interfere with surface water flow and drainage.
(2) Interfere with lateral supports and slopes.
(3) Cause erosion, alteration of the natural topography of grade of land, depletion of natural deposits of topsoil and other natural materials, disturbance of the plant and wildlife, creation of nuisances and dangerous open pits, creation of stagnant water pools.
(f) The Building Director may require special drawings and reports by certified or registered professionals to be submitted with or in addition to the application.
(g) The completed application shall be reviewed and approved by the City Engineer and Service Director. Prior to the issuance of any permits.
(h) A permit issued under this section shall expire one year from the date of issuance, except that the Building Director may, for due cause shown, extend any permit for one-year periods after complete review of all plans and examination of work accomplished and proposed, provided application is made at least thirty (30) days prior to the expiration date of such permit. In no case shall a permit be extended if the provisions of this regulation have not been complied with, provided however, that in connection with continuing operations, the Building Director may waive, for one-year periods, those requirements which would make continuing operations impractical.
(Ord. 1999-02. Passed 1-11-99.)
Approval of plans and specifications for excavations shall be based upon the following standards:
(a) In residential, commercial and industrial districts no excavation, grading or filling shall be permitted within twenty feet of an existing or approved street property line except to conform to approximate street grade.
(b) Truck and equipment access ways to the site of the operation shall be located so as to minimize danger to traffic and nuisance to surrounding properties. The Building Director, upon request by the Service Director, may require that such access ways be covered with suitable aggregate treated with oil or chemical dust deterrents and/or paved, to the extent necessary to prevent any dust nuisance to adjacent property owners, or mud and debris that may be carried carried onto the roadways. All such access ways shall be clearly marked with signs and shall be posted approximately two hundred (200) feet distance from such access ways or other traveled areas. Such signs shall read “Caution, Trucks Entering”, and be of size, type, coloring, lettering and format used by the highway department for the City and State.
(c) Excavations shall not interfere with public or private utility systems and shall not create or aggravate any condition detrimental to the public health and safety.
(Ord. 1999-02. Passed 1-11-99.)
(a) Processing of any kind on the excavation site or the erection of use of any structure thereon, such as, but not limited to, hoppers, washers, crushers, or sheds, except simple screens to remove oversize aggregates during loading, shall be deemed a commercial use and are hereby prohibited.
(b) Except as otherwise provided in Section 1333.04, no storage area may be created or maintained in connection with an excavation, grading or filling operation except that, under a duly issued permit, an owner or his contractor shall be allowed temporarily to store such material incidental to the operation, but such storage shall not be for a longer term of the permit issued.
(c) No person shall keep or store any trucks, machinery or equipment on any property or street after completion of the operation. All such trucks, machinery or equipment shall be removed from such property within ten days after completion of the work.
(d) No operation shall be permitted on Sundays, or Holidays, not before 8:00 a.m. or after 7:00 p.m. on other days.
(e) Barricades and lights shall be erected where necessary to protect pedestrians and vehicles during the period of operations.
(Ord. 1999-02. Passed 1-11-99.)
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