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<br />§ 1007.051 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
<br />acquired rights-of-way and easements in connection with the construction or maintenance of
<br />roads and highways and utilities. “Rights-of-way” as used herein shall not include isolated
<br />parcels used 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
<br />person to remove, store, excavate, or place as fill any rock, sand, dirt, gravel, clay, or other like
<br />material within the City, in excess of 50 cubic yards per acre without first having applied for and
<br />having obtained a permit from the City. When 5,000 or more cubic yards of material is to be
<br />removed or deposited on any lot or parcel, an interim use permit shall be required. The inclusion
<br />of an earth removal and land reclamation permit process in this ordinance does not automatically
<br />imply an applicant’s entitlement to issuance of a permit. The City may refuse to issue a permit if
<br />in the opinion of the City, the application is not in the best 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. The plan shall contain among other things a to scale map or plat of the
<br />proposed excavation, or fill area showing the confines or limits thereof together with the existing
<br />elevations and proposed finished elevations based on sea level readings. The plan shall also
<br />include all wetlands, drainageways, tree inventory and preservation plan, erosion control
<br />measures, final restoration improvements, and other features as required by the City. The plan
<br />shall also be in compliance with the City Standard Specifications for Construction.
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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
<br />shall 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
<br />safety of the citizens:
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