§ 153.365  LAND EXCAVATION/ FILLING/GRADING.
   (A)   Land excavation is the removal of sand, dirt, gravel, rock, clay or similar earth material or unsuitable foundation material from the land.
   (B)   Land filling is the deposit of the earth material so as to raise existing surface grades.
   (C)   Grading is the movement of the earth material within a given site.
   (D)   For purposes of this section, it is assumed that a typical dump truck has a carrying capacity of approximately ten “loose” cubic yards of earth material.
      (1)   Commercial mining prohibited. Extraction of earth materials for commercial purposes such as on-going sand and gravel mining operations shall be prohibited within the city.
      (2)   Permits required.
         (a)   Land excavation, grading or filling in excess of 200 cubic yards of material shall require a permit from the Public Works Director, after review and approval of the exhibits required hereunder.
         (b)   Land excavation, grading or filling in excess of 3,000 cubic yards of material shall require a conditional use permit according to procedures outlined in § 153.028.
      (3)   Permit exceptions. A permit under this section shall not be required for the following:
         (a)   Excavations, grading or fills of less than 200 cubic yards of material;
         (b)   Excavations or fills associated with a development project on platted property which have commenced within two years after an approved plat has been filed with the county;
         (c)   Excavations, grading 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;
         (d)   Curb cuts, utility hook-ups or street openings for which another permit is required from the city; or
         (e)   Any development for which a conditional use permit has been approved and granted and a final grading plan approved as a part thereof.
      (4)   Permit application/exhibits. Application for excavation and filling permits shall be made in writing on forms supplied by the city and shall be submitted to the Zoning Administrator for processing. The following information and exhibits shall be submitted with the completed application form:
         (a)   A map or plan of the proposed excavation or fill area and 50 feet around showing existing and proposed elevations at two-foot contours, and showing any existing buildings within the area; and
         (b)   Identification of proposed truck hauling routes, including the following:
            1.   Hours of operation;
            2.   Period of operation;
            3.   Method of controlling dust on site and along haul routes;
            4.   Method of controlling erosion;
            5.   Assurance that spillage of material on and damage to public streets used as haul routes shall be cleaned up and repaired to the satisfaction of the Public Works Director; and
            6.   Other information as required by the Zoning Administrator to protect the interests of the city and affected property owners including, but not limited to, surface water drainage.
      (5)   Requirements.
         (a)   The excavation, grading or filling permit shall run for one year unless a lesser or greater period is specified by the City Council.
         (b)   At the end of excavation, grading or filling operations, the disturbed area shall be restored with topsoil or other approved cover material and shall be reseeded to establish approved vegetation.
         (c)   The City Council may require a surety bond in such form and sum as the City Council may determine, running to the city, to cover the cost of corrective measures such as repairing streets and highways used as haul roads. In any case, the applicant shall bear the cost of the corrective measures as may be required.
(Ord. passed 10-11-1963)