10-15-2018 Planning Commission Packet

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Sec.7-33.-Exemptions from permit requirements. The following activities do not require an earth work permit: (1) Excavation for a foundation, cellar, or basement of a building if a building permit has been issued. (2) Grading a lot in conjunction with building if a building permit has been issued. (3) Excavation by the federal,state,county, city,or other government agencies in connection with construction or maintenance of streets, highways or utilities. (4) Curb cuts, utility hookups, or roadway openings for which another permit has been issued by the city. (5) Excavating, mining,filling or grading of less than 50 cubic yards or excavating, mining,filling or grading of less than 5,000 square feet of area in a calendar year. (6) Plowing and tilling for agricultural purposes. (7) Earth work in accordance with a development contract approved under the city's subdivision ordinance. If the development contract requires that a letter of credit or other security be posted,the letter of credit or other security must be posted before any excavation takes place. (8) Earth work in accordance with an approved site plan review,conditional use permit, interim use permit or wetland alteration permit. If the approved site plan review,conditional use permit, interim use permit or wetland alteration permit requires that a letter of credit or other security be posted,the letter of credit or other security must be posted before any excavation takes place. (Ord. No. 128,§ 1, 5-14-90;Ord. No.324, §4,7-9-01; Ord. No.351, §§9, 10, 11-24-03) Sec.7-34.-Exempt earth work. Earth work that is exempt from obtaining a permit pursuant to section 7-33 shall: (1) Comply with the city's erosion control standards. (2) Maintain natural or existing drainage patterns. (3) Comply with the city's other ordinance requirements including tree preservation and wetland protection. (4) Obtain all applicable permits as required and work within the requirements of the permits. (Ord. No. 128,§ 1, 5-14-90; Ord. No.441,§3,2-12-07) Sec.7-35. -Applications for earth work permits. (a) An application for an earth work permit shall be processed in accordance with the same procedures specified in the City Code relating to interim use permits except that earth work of more than 50 cubic yards of material but less than 1,000 cubic yards of material in a 12-month period may be approved administratively. (b) An application for a permit shall contain: (1) The name and address of the operator and owner of the land,together with proof of ownership. If the operator and owner are different, both must sign the application. (2) The correct legal description of the property where the activity is proposed to occur. (3) A certified abstract listing the names of all landowners owning property within 500 feet of the boundary of the property described above. (4) Specifications of the following, using appropriate maps, photographs and surveys: a. Proposed grading plan.