No earth in an amount in excess of one cubic yard shall be moved
from any parcel of land within the City to another parcel either within
or without the City unless such removal is authorized by a permit
issued by the Board. No earth in an amount in excess of one cubic
yard shall be moved in less than one-cubic-yard quantities over any
period of time deemed by the Board to be for the purpose of evading
any of the provisions of this article. No earth removal permit shall
be issued until an application therefor is filed with the Board and
the Board has held a public hearing on the application, after publication
of the time and place, and subject matter sufficient for identification,
in a newspaper having general distribution in the City, once in each
of two successive weeks, the first publication to be not less than
14 days prior to such public hearing; and notice of such hearing shall
be sent by mail to owners of abutting property prior to such public
hearing. The Board shall notify the City Council in writing not less
than 21 days prior to such public hearing if, in the opinion of the
Board, such removal would in any way affect the watershed area.
Applications for permits required by this article shall be accompanied
by exhibits and documentation deemed necessary by the Board for the
proper issuance of a permit, which shall include the following:
A. The name and address of the legal owner of the land in question.
B. The name and address of the petitioner, if different, and the names
and addresses of owners of abutting property.
C. An adequate and sufficient plan of land prepared by a registered
engineer or land surveyor and indicating tract boundaries, adjacent
streets and roads, the limits of the proposed excavation, the locations
of all structures within 200 feet of such limits, original topography
at five-foot contours, proposed final contours at five-foot intervals,
and the location and proposed use of all structures and buildings
to be used in connection with the removal operation. Any of the provisions
of this subsection may be waived at the discretion of the Board.
D. Statement of plans for the disposal of rock, tree stumps and other
waste materials, and for the drainage of the site and excavation during
and after the removal operation.
No permit for earth removal shall be issued if such removal
will:
A. Endanger the general health, safety or welfare or constitute a public
nuisance.
B. Result in detriment to the normal use of adjacent property by means
of noise, dust, erosion or vibration.
C. Result in traffic hazard in residential areas or congestion and physical
damage on public ways.
No permit for any earth removal shall be issued for more than
one year's duration, and permits may be renewed thereafter.
In approving the issuance of a permit under this article, the
Board shall impose all reasonable requirements which shall be deemed
necessary by the Board, which may include grading, seeding and planting,
fencing necessary for public safety and screening unsightly operations,
methods of removal, location and use of structures, hours of operation,
routes of transportation of material removed, control of drainage,
control of dust, disposition of waste material incident to the operation,
etc., and the final appearance of the property on completion of the
operation.