Unless specifically exempted, an earth change permit granted pursuant to the provisions of this chapter shall be obtained from the city engineer prior to the commencement of any excavating, grading, regrading, landfilling, berming or diking of any property within the jurisdictional area of the city. A separate permit shall be required for each separate, noncontiguous site or lot. No permit shall be transferable without the prior written consent of the city engineer. (2010 Code § 22-166; amd. 2012 Code)

Prior to granting any earth change permit, the city engineer shall attach such conditions thereto as deemed reasonable and necessary in order to comply with the purpose, policies and standards of this chapter. Such conditions may include, but shall not be limited to: submission of a drainage plan; specified finished grade or land contours; mandatory installation of drainage facilities; specified erosion and sediment control measures; furnishing any necessary public easements; and a specified method and sequence for performing the work thereby authorized. (2010 Code § 22-167)

A.   General Requirements: Unless exempted by the provisions of section 10-18-7 of this chapter, any person desiring to effect an earth change shall file a written application for an earth change permit with the city engineer. Any area affected by the earth change and within the jurisdictional area of the city must be included in the permit application. Applications shall be in such form and content as the city engineer shall establish, and shall be accompanied by the payment of a permit fee in accordance with the fee schedule. The site plan and design standards established by the applicant and approved by the city engineer, or imposed by the city engineer, shall become conditions upon which the earth change permit is issued. No change in an accepted plan or design standard shall be made without prior written approval of the city engineer.

B.   Contents Of Permit Application:

   1.   Each earth change permit application shall contain the following information:

      a.   The name and address of the legal owner of the property for which the permit is requested;

      b.   A vicinity sketch and boundary line survey of the site for which the permit is requested, including a legal description of such property;

      c.   Site drawings indicating each separate land area to be excavated, filled, graded or leveled, the finished depth of each separate land cut or fill, the present and future (as completed) points of entry and discharge for surface water on the subject property, and identification of all temporary or permanent structures or other devices to be erected or established for the purpose of controlling or regulating surface water, erosion and sedimentation on such property;

      d.   The applicant's plans for controlling on site erosion and off site sedimentation for the purpose of preventing the deposit of sediment from the lot or tract under application upon any other off site public or private property or watercourse during all phases of project construction; and

      e.   The applicant's plans for receipt of surface water on the property under consideration and discharge of surface water from this property during periods of construction, and a statement specifying the anticipated time period for the completion of all drainage improvements.

   2.   If the city engineer is unable to determine from the application submitted that it meets the policies and standards governing the issuance of the requested permit, the city engineer shall request the applicant, in writing, to furnish such additional information which may be essential to such determination.

C.   Duplication Of Information: No applicant for an earth change permit shall be required to resubmit any documents, drawings or other information which was previously submitted by such applicant in conjunction with the processing of any drainage plan previously accepted by the city engineer. (2010 Code § 22-168)

An earth change permit shall expire one year after the date it is issued. Earth change permits may be extended for an additional year following review by the city engineer. (2010 Code § 22-169)

A.   As built drawings, clearly showing any changes from the approved earth change permit, shall be submitted to the city engineer upon completion of construction of the earth change. The as built drawings shall be reviewed by the city engineer. If the submitted as built drawings cannot be accepted, the applicant and certifying engineer, if one was used to obtain the permit, shall be advised in writing of the reasons for their disapproval. As built drawings must be accepted prior to the issuance of a certificate of occupancy and the use or occupancy of a site, development or other improvement.

B.   The city engineer may waive the requirement for as built drawings on minor, residential projects. However, such a waiver shall not relieve the applicant from the responsibility of completing the earth change in accordance with the accepted earth change permit. (2010 Code § 22-170)

The issuance of earth change permits shall be governed by the following policies of the city:

A.   Public Hazards: No earth change shall be permitted which creates a public hazard upon any property within the city through the obstruction, impairment, sedimentation, blockage or alteration of any drainage facility.

B.   Obstructions: No earth change shall be permitted which will channelize, obstruct or impede any watercourse in a manner which is inconsistent with the provisions of this chapter, accepted best management practices and/or the city drainage standards.

C.   Impeding Utility Easements: No earth change shall be permitted which will impede the authorized use of a utility easement.

D.   Minimum Erosion: All earth changes shall be designed, constructed and completed in a manner which minimizes erosion and loss of sediment from the site.

E.   Earthmoving Activity: Earthmoving activity on individual tracts or lots shall be conducted only if appropriate sedimentation facilities are installed as the first step in the earthmoving process and continually maintained throughout the construction period in accordance with the city drainage standards.

F.   Plan Applicable: As may be applicable to any lot, parcel or tract of land for which an accepted drainage plan exists, the requirements and conditions of the drainage plan shall be incorporated as a condition to the issuance of any earth change permit. (2010 Code § 22-171)

An earth change permit shall not be required for the following activities:

A.   Bona fide agricultural and farming operations which constitute the principal use of any lot or tract of ground in the jurisdictional area of the city and which meet the requirements of the zoning code of the city.

B.   Customary and incidental routine grounds maintenance, landscaping and home gardening which does not require a zoning use exception, a zoning variance or a building permit, and which does not affect stormwater drainage entering or leaving any private property or public right of way, utility easement or drainage easement.

C.   Excavating and/or grading, and/or leveling, and/or landfilling of any lot or tract of record whose size does not exceed one (1) acre and does not contain any floodplain area, natural or manmade watercourse or drainage easements.

D.   Subject to the requirements of 7-2-9, B., emergency repairs made on public or private property which are necessary for the preservation of life, health or property, and which are made under such circumstances where it would be impossible or impracticable to obtain an earth change permit.

(2010 Code § 22-172; amd. Ord. 501, 6-11-2024; Ord. 508, 10-8-2024)

If at any time an earth change is performed which is not in accordance with this chapter or an earth change permit, including all conditions and accepted modifications thereof, a written notice of noncompliance shall be given by the city engineer stating the nature and location of the alleged noncompliance, and specifying what remedial steps are necessary to bring the project into compliance. The responsible parties shall have such time as may be allowed, in writing, by the city engineer to correct all noted deficiencies. The time allowed shall be reasonable, and shall be determined by the nature of the deficiency and whether or not it creates a nuisance or hazard. If the deficiency is not corrected to the satisfaction of the city engineer at the expiration of the time allowance, then all, or portions of, the construction activity on the site may be stopped in accordance with section 10-18-9 of this chapter. (2010 Code § 22-173)

A.   Revocation, Suspension: An earth change permit may be revoked or suspended by the city engineer upon the occurrence of any one of the following events:

   1.   Violation of any condition of the permit; or

   2.   Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation pertaining to the earth change permit; or

   3.   Existence of any condition or the doing of any act constituting or creating a nuisance, hazard or endangering human life or property of others; or

   4.   Failure to bring the permitted area into compliance within the time allowed on a notice of noncompliance previously issued.

B.   Stop Work Order: Upon the revocation of an earth change permit, the city engineer shall issue a stop work order on all or part of the construction activity on the permit holder's property, which may be directly or indirectly related to site drainage and which is being performed pursuant to any permits, licenses, franchises or contracts issued or approved by the city. Such order may require a work stoppage on all construction activity on buildings or structures and all appurtenances thereto, including building, electrical, plumbing, mechanical, street work, storm sewers, sanitary sewers, gas lines, and all utilities, including gas, electric, telephone and cable television.

C.   Notices, Orders: Notices and orders required by this section shall be served upon the parties concerned, either personally or by certified mail, addressed to the individual contracting party or parties and permit holder at the address given on the contract document or permit application filed with the city.

D.   Reinstatement: The city engineer may reinstate the earth change permit upon determination that the permitted area is in compliance with all applicable stormwater management and earth change requirements.

E.   Appeal: Rulings of the city engineer may be appealed in writing to the planning commission. The planning commission must hold a public hearing within ten (10) days of receipt of an appeal. After the public hearing, the planning commission may reinstate the permit stating under what conditions the reinstatement is valid. (2010 Code § 22-174)