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§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
<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.
<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 one hundred (100) cubic yards per acre without first having
<br />applied for and having obtained a permit from the City. When five thousand (5,000) or more
<br />cubic yards of material is to be removed or deposited on any lot or parcel, a conditional use
<br />permit shall be required. The inclusion of an earth removal and land reclamation permit process
<br />in this Ordinance does not automatically imply an applicant's entitlement to issuance of a permit.
<br />The City may refuse to issue a permit if in the opinion of the City, the application is not in the
<br />best 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
<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.
<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
<br />shall 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
<br />safety of the citizens:
<br />3-77
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