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3. General Provisions_V1
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<br />3-85
<br />§1007.050 EARTH MOVING AND LAND RECLAMATION.
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<br />(1) Exclusions. This article shall not apply to:
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<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.
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<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.
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<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 conditional use 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.
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<br />(3) Application.
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<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.
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<br />(b) Each application shall be filed with the City Engineer.
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<br />(c) Each application for permit shall be accompanied by a fee, the amount of which shall
<br />be determined by City Council resolution.
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<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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