10-15-2018 Planning Commission Packet

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ARTICLE III.-EXCAVATING, MINING, FILLING AND GRADING[31 LA18 000084 Exhibit C PC Sec.7-30.-Purposes and intent. The purpose of this article is to promote the health,safety and welfare of the community and to establish reasonable uniform limitations,standards,safeguards and controls for excavating, mining,filling and grading within the city. (Ord. No. 128,§ 1, 5-14-90;Ord. No.351,§7, 11-24-03) Sec.7-31.-Definitions. The following words,terms and phrases shall have the following meanings respectively ascribed to them: Earth work or work the earth:Excavating, mining,filling or grading. Excavating;or mining: (1) The removal of the natural surface of the earth,whether sod,dirt,soil,sand,gravel,stone,or other matter, creating a depression. (2) Any area where the topsoil or overburden has been removed for the purpose of removing earthly deposits or minerals. (3) Any area that is being used for stockpiling,storage and processing of sand,gravel, black dirt, clay and other minerals. Filling orgrading.:To change the contour of the land. Overburden:Those materials which lie between the surface of the earth and material deposit to be extracted. Restoration:To renew land to self-sustaining, long-term use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this article. Topsoi/.:That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. (Ord. No. 128,§ 1,5-14-90) Sec.7-32.-Permit required. Except as otherwise provided in this article, it shall be unlawful for anyone to work the earth without having first obtained a written permit from the city authorizing the same in accordance with this article.Active earth work operations that predate this article that do not have a permit shall cease operations or obtain an earth work permit within six months after the adoption of this article.Current permit holders shall come into compliance with the terms of this article no later than the renewal date of such permit holder's earth work permit. Excavating, mining,filling and grading permits for more than 50 cubic yards, but less than 1,000 cubic yards of material in a 12-month period may be processed administratively. Excavating, mining,filling,and grading of 1,000 cubic yards of material or more in a 12-month period shall be processed in the same manner as an interim use permit.Violations of any written permit condition shall constitute a misdemeanor violation of this chapter. (Ord. No. 128,§ 1, 5-14-90; Ord. No.351,§8, 11-24-03)