(a)

Permit required. The extraction of sand, gravel, black dirt or other natural material from the land by a person in the amount of 75 cubic yards or more shall be termed land excavation and shall require a permit.

(b)

Exceptions. It is the intention of this division to cover the removal of natural materials from land, including such activity when carried on as a business but shall not apply to basement excavation or other excavation which is already covered by the building code or other such regulations of the city.

(c)

Application for permit.

(1)

Any person desiring a permit hereunder shall present an application on such form as shall be provided by the zoning administrator requiring the following information:

a.

The name and address of the applicant;

b.

The name and address of the owner of the land;

c.

The address and legal description of the land involved;

d.

The purpose of the excavation;

e.

A description of the type and amount of material to be excavated from the premises;

f.

The highway, street or streets, or other public ways in the city upon and along which any material is to be hauled or carried;

g.

An estimate of the time required to complete the excavation;

h.

A site plan showing present topography and also including boundary lines for all properties, watercourses, wetlands and other significant features within 350 feet;

i.

A site plan showing the proposed finished grade and landscape plan. Erosion control measures shall be provided on such plan. Final grade shall not adversely affect the surrounding land or the development of the site on which the excavation is being conducted. Topsoil shall be of a quality capable of establishing normal vegetative growth;

j.

A security statement demonstrating the proposed activity will in no way jeopardize the public health, safety and welfare or is appropriately fenced to provide adequate protection;

k.

A statement that the applicant will comply with all conditions prescribed by the city or its officers or agents.

(2)

The application shall be considered as being officially submitted when all the information requirements are complied with. A fee for such application shall be paid to the city at the time the application is submitted in accordance with the fee schedule adopted by ordinance.

(d)

Technical reports. The zoning administrator shall immediately upon receipt of such application forward a copy thereof to the city engineer and building official. Where watersheds and shoreline are in question, other affected agencies shall also be contacted. These technical advisors shall be instructed by the zoning administrator to prepare reports for the council.

(e)

Issuance of permit. Upon receiving information and reports from the zoning administrator, building official and city engineer, the council shall make its determination as to whether, and when, and under what conditions such permit for an excavation is to be issued to the applicant by the zoning administrator.

(f)

Conditions of permit.

(1)

The council, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom such permit is issued, or the owner or user of the property on which the excavation is located to:

a.

Properly fence the excavation;

b.

Slope the banks, and otherwise properly guard and keep the excavation in such condition as not to be dangerous from caving or sliding banks;

c.

Properly drain, fill in or level the excavation, after it has been created, so as to make the same safe and healthful as the council shall determine;

d.

Keep the excavation within the limits for which the particular permit is granted; and

e.

Remove excavated material from the excavation, away from the premises, upon and along such highways, streets or other public ways as the council shall order and direct.

(2)

Hours of operation. Unless extended by conditional use permit, the hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday.

(g)

Bonding. The council may require either the applicant or the owner or user of the property on which the excavation is occurring to post a bond in such form and sum as the council shall determine, with sufficient surety provided to the city, conditioned to pay to the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting excavated material, the amount of such cost and expense to be determined by the city engineer; and conditioned further to comply with all requirements of this chapter, and the particular permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.

(h)

Failure to comply. The council may, for failure of any person to comply with any requirement made of him in writing under the provisions of such permit, as promptly as same can reasonably be done, proceed to cause the requirement to be complied with, and the cost of such work shall be taxed against the property whereon the landfill is located, or the city may, at its option, proceed to collect such costs by an action against the person to whom such permit has been issued, and his superiors if a bond exists.

(i)

Completion of operation.

(1)

All excavation operations shall be completed within 90 days of the issuance of the permit. Upon completion, the permit holder shall notify the building official in writing of the date of completion. If additional time beyond the 90 days is needed for completion, the permit holder may apply to the city and upon a satisfactory showing of need, the council may grant an extension of time. If such extension is granted, it shall be for a definite period and the building official shall issue an extension permit. Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the excavation operation within 90 days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as teamster's strike, unusually inclement weather, illness or other such valid and reasonable excuse for non-completion. In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with the other provisions of this section relating to grading, leveling and seeding or sodding. What constitutes such "reasonable time" shall be determined by the city engineer after inspecting the premises.

(2)

At the completion of an excavation, the premises shall be graded, leveled, and seeded or sodded with grass. The grade shall be such elevation with reference to any abutting street or public way as the city engineer shall prescribe in the permit. The site shall also conform to such prerequisites as the city engineer may determine with reference to stormwater drainage runoff and stormwater passage or flowage so that the excavation cannot become a source of, or an aggravation to, stormwater drainage conditions in the area. The city engineer shall inspect the project following completion to determine if the applicant has complied with the conditions imposed as part of the permit.

(Code 1985, § 11.25)

(a)

Permit required. Any person who proposes to add landfill in excess of 50 cubic yards to any property within the city limits, shall apply to the city for a landfill permit.

(b)

Application and information.

(1)

Any person desiring a permit hereunder shall present an application on such forms as shall be provided by the zoning administrator requiring the following information:

a.

The name and address of the applicant;

b.

The name and address of the owner of the land;

c.

The address and legal description of the land involved;

d.

The purpose of the landfill;

e.

A description of the source, type, and amount of fill material to be placed upon the premises;

f.

The highway, street or streets, or other public ways in the city upon and along which any material is to be hauled or carried;

g.

An estimate of the time required to complete the landfill;

h.

A site plan showing present topography and also including boundary lines for all properties, watercourses, wetlands and other significant features within 350 feet;

i.

A site plan showing the proposed finished grade and landscape plan. Erosion control measures shall be provided on such plan. Final grade shall not adversely affect the surrounding land or the development of the site on which the landfill is being conducted. Topsoil shall be of a quality capable of establishing normal vegetative growth;

j.

A security statement demonstrating the proposed activity will in no way jeopardize the public health, safety and welfare or is appropriately fenced to provide adequate protection;

k.

A statement that the applicant will comply with all conditions prescribed by the city or its officers or agents.

(2)

The application shall be considered as being officially submitted when all the information requirements are complied with. A fee for such application shall be paid to the city at the time the application is submitted in accordance with the fee schedule adopted by ordinance.

(c)

Technical reports.

(1)

The zoning administrator shall process all landfill permit applications. Such applications for less than 100 cubic yards shall be forwarded to the building official.

(2)

Such applications for 100 cubic yards or more shall be forwarded to the city engineer and building official. Where watersheds and shoreline are in question, other affected agencies shall also be contacted. These technical advisors shall be instructed by the zoning administrator to prepare reports for the council.

(3)

Filing fees in excess of the actual incurred expenses shall be refunded to the applicant. When the expenses incurred in the review of the application exceed the fee, such excess expenses shall be billed to the applicant.

(d)

Issuance of permit.

(1)

The building official shall determine as to whether, and when, and under what conditions a landfill permit for less than 100 cubic yards shall be issued.

(2)

Upon receiving information and reports from the zoning administrator and the city engineer, the council shall make its determination as to whether, and when, and under what conditions such permit for a landfill 100 cubic yards or more is to be issued to the applicant by the zoning administrator.

(e)

Conditions of operation.

(1)

Under no circumstances shall any such landfill operation be conducted or permitted if the contents of the landfill or any part thereof shall consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material, or any other material deemed to be unsuitable by the city authorities.

(2)

Unless extended by conditional use permit, the hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday.

(f)

Bonding. The building official or the council may require either the applicant or the owner or user of the property on which the landfill is occurring to post a bond in such form and sum as the building official shall determine, with sufficient surety provided to the city, conditioned to pay to the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel in transporting fill material, the amount of such cost and expense to be determined by the city engineer; and, conditioned further, to comply with all requirements of this chapter, and the particular permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued.

(g)

Failure to comply. The council may, for failure of any person to comply with any requirement made of him in writing under the provisions of such permit, as promptly as same can reasonably be done, proceed to cause the requirement to be complied with, and the cost of such work shall be taxed against the property whereon the landfill is located, or the city may at its option proceed to collect such costs by an action against the person to whom such permit has been issued, and his superiors if a bond exists. In the event that landfilling operations requiring a permit are commenced prior to city review and approval, the city may require work stopped and all necessary applications filed and processed. Application fees shall be double the normal charge.

(h)

Completion of operation.

(1)

All landfill operations shall be completed within 90 days of the issuance of the permit. Upon completion the permit holder shall notify the building official in writing of the date of completion. If additional time beyond the 90 days is needed for completion, the permit holder may apply to the city and upon a satisfactory showing of need, the council may grant an extension of time. If such extension is granted, it shall be for a definite period and the zoning administrator shall issue an extension permit. Extensions shall not be granted in cases where the permit holder fails to show that good faith efforts were made to complete the landfill operation within 90 days and that failure to complete the operation was due to circumstances beyond the permit holder's control, such as shortage of fill material, teamster's strike, unusually inclement weather, illness or other such valid and reasonable excuse for non-completion. In the event a request for an extension is denied, the permit holder shall be allowed a reasonable time to comply with the other provisions of this section relating to grading, leveling and seeding or sodding. What constitutes such reasonable time shall be determined by the city engineer after inspecting the premises.

(2)

At the completion of a landfill operation, the premises shall be graded, leveled, and seeded or sodded with grass. The grade shall be such elevation with reference to any abutting street or public way as the city engineer shall prescribe in the permit. The site shall also conform to such prerequisites as the city engineer may determine with reference to stormwater drainage runoff and stormwater passage or flowage so that the landfill cannot become a source of, or an aggravation to, stormwater drainage conditions in the area. The city engineer shall inspect the project following completion to determine if the applicant has complied with the conditions required of him. Failure of such compliance shall result in the withholding of any building permits for the site and notice of such withholding shall be filed in the office of the county Recorder for the purpose of putting subsequent purchasers on notice.

(i)

Landfills in progress. All landfill operations for which a permit has previously been issued shall terminate such operations on the date specified by the permit.

(Code 1985, § 11.24)