Ord #219 - 3rd Ser/Amending Land Alterations-CH 78

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DIVISION 1. - GENERALLY Subdivision I. —Land Alterations Section 78-1725 Purpose and Intent The purpose of this section is to promote the health, safetv, and welfare of the communitv and to establish reasonable uniform limitations, standards, and controls for land alterations, excavatinq, fillinq and qrading within the city. The requlations will allow the city to better manaqe stormwater discharqe, ensurinq drainaqe does not neqativelv impact neighborinq properties, manaqe haulina traffic and noise, and prevent erosion issues onto adjacent properties, wetlands, lakes, and roads. Sec 78-1726 Interim Use Permit Reauired An application for an interim use permit shall be accompanied bv a certified site plan showinq the location of the proposed excavation or storage and shall state the amount of material which is to be removed, excavated or stored, placed, or qraded, and such other information as the council may reauire. Applications shall be filed with the city administrator and shall be accompanied by a deposit to be determined bv the city, which will be used to offset the cost of processinq the application. Any unused portion will be refunded to the applicant. (a) Except where otherwise provided in the article, it is unlawful for any person to qerform or have performed the followinq land alteration activities without an interim use qermit issued bv the council: (1) Mining. The commercial extraction of sand. gravel or other material from the land and their removal from the site without processina shall be mining. In all districts, the conduct of minina shall be permitted onlv upon issuance of a interim use permit. Such permit shall include, as a condition, a qlan for a finished grade which will not adversely affect the surroundinq land or development of the site on which the mininq is beinq conducted, and the route of trucks movinq to and from the sites. A bond will be reauired for restoration (2) Soil Processinq. The operation of processinq of sand, qravel or other material mined from the land shall be permitted onlv by interim use permit. Such permit shall include a site plan where the processinq is to be done, showina the location of the plant, disposal of water, route of trucks movina to and from the site in removina processed material from the site, the condition in which the site is intended to be left upon completion, hour of operation; and such permit shall not be aranted for a period of lonQer than 12 months (3) Creation of an enaineered arade for the basis of buildinq heiqht determination outside of a subdivision. (4) Change the arade or shore of lakeshore propertv within the shore setback, in excess of 50 cubic vards. (5) StockpilinQ on site in excess of 500 cubic vards, without an associated buildina permit. (6) Anv import/export of material in excess of 500 cumulative cubic vards, also see Citv Code 78-1286 (d)(3). �7) Conducting Qradinq or land alterations which result in chanqes in elevations within five feet of adiacent properties outside of an active buildina permit.