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3.General Provisions VI
<br /> §1007.050 EARTH MOVING AND LAND RECLAMATION.
<br /> (1) Exclusions. This article shall not apply to:
<br /> (a) The excavation, removal, storage, or placement of rock, sand, dirt, gravel, clay, or
<br /> other like material for any construction for which a building permit has been issued, site plan
<br /> approval or a development contract signed.
<br /> (b) Such excavation,removal,storage,or placement of rock,sand,dirt,gravel,clay,or
<br /> other like material as may be required by the state,county,or city authorities within their acquired
<br /> rights-of-way and easements in connection with the construction or maintenance of roads and
<br /> highways and utilities. "Rights-of-way" as used herein shall not include isolated parcels used
<br /> exclusively for borrow pits.
<br /> (2) Permit Required. Earth removal,land reclamation,material storage,or filling,shall be
<br /> permitted in all zoning districts,on any lot or parcel except that it shall be unlawful for any person
<br /> to remove,store,excavate,or place as fill any rock,sand,dirt,gravel,clay,or other like material
<br /> within the City,in excess of one hundred(100)cubic yards per acre without first having applied
<br /> for and having obtained a permit from the City. When five thousand(5,000)or more cubic yards
<br /> of material is to be removed or deposited on any lot or parcel,an interim eamouse permit
<br /> shall be required. The inclusion of an earth removal and land reclamation permit process in this
<br /> Ordinance does not automatically imply an applicant's entitlement to issuance of a permit. The
<br /> City may refuse to issue a permit if in the opinion of the City,the application is not in the best
<br /> interests of the City.
<br /> (3) Application.
<br /> (a) The application for the permit shall be made in writing to the City Engineer in such
<br /> form as the City Engineer may designate,and shall include such information as may be required
<br /> by the City Engineer and shall contain among other things a map or plat of the proposed
<br /> excavation,or fill area showing the confines or limits thereof together with the existing elevations
<br /> and proposed finished elevations based on sea level readings. The plan shall also include all
<br /> wetlands, drainageways, tree inventory and preservation plan, erosion control measures, final
<br /> restoration improvements,and other features as required by the City.
<br /> (b) Each application shall be filed with the City Engineer.
<br /> (c) Each application for permit shall be accompanied by a fee,the amount of which shall
<br /> be determined by City Council resolution.
<br /> (4) Conditions. The City Engineer or City Council, as a prerequisite to the granting of a
<br /> permit, may require the applicant or the owner of the premises to incorporate and attach any
<br /> conditions or restrictions that it deems necessary for the preservation of health,welfare,and safety
<br /> of the citizens:
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