[Amended 6-5-2013 by Ord. No. 2013-15[1]]
No person shall deposit on or remove from any
parcel in any one twelve-month period more than 50 cubic yards of
fill, except in connection with a public work on the parcel or the
removal of silt or other recently accumulated materials that block
normal flow of a watercourse, without a permit issued by the Director
of Planning and Development or designee.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
[Amended 10-7-1992 by Ord. No. 92-13]
The Board of Public Works shall not be required
to obtain a permit pursuant to this chapter for the deposit or removal
of fill but shall ensure that, in connection with every project of
the Department of Public Works in which more than 50 cubic yards of
fill are deposited on or removed from any parcel, the project is designed
and carried out in a manner which promotes and protects the objectives
and policies behind the chapter.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
In applying for such permit, the applicant shall
submit to the Director of Planning and Development or designee a plan
of the proposed project showing the owner’s full name and address,
the property lines, adjacent public ways and abutting properties,
the street access to the site, the amount of fill to be deposited
or removed, the grades and depths of the proposed deposit or removal,
soil types or fill types to be deposited or removed, erosion control
during and after construction, projected duration of the project,
proposed regrading and replanting of the property upon completion
of the project and such other items as the Director of Planning and
Development or designee may reasonably require to adequately review
the proposed project. Where application is made by a person other
than the owner of the parcel, the application shall be accompanied
by an affidavit of the owner that the proposed work is authorized
by the owner and that the applicant is authorized to make such application.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A.
The Director
of Planning and Development or his/her designee shall grant a permit
for such fill and/or excavation, provided that the plan of the proposed
project complies with all provisions of this chapter and demonstrates
that the property and the surrounding properties will be protected
from significant adverse consequences of such deposits or removal,
including, when completed, adverse drainage, erosion or visual or
other adverse impacts.
B.
In considering
whether to grant such a permit, the Director of Planning and Development
or his/her designee shall take into account, in addition to the factors
set forth in this chapter, the distance of the operation from neighboring
properties and public ways, the possible detriment of such use to
the future development of the land in question and significant nuisance
or detriment of the operation to neighboring landowners and the community
as a whole.
C.
The Director
of Planning and Development or his/her designee may impose such conditions
upon the applicant as the Director of Planning and Development or
his/her designee deems necessary to protect the general welfare of
the community, which may include a time limit upon operations, standards
for performance such as rapid stabilization of the soil by seeding
or other means at any stage during the project and/or a requirement
that a performance bond in an amount determined by the Director of
Planning and Development or his/her designee be posted to insure compliance
with the requirements of this chapter and with any other further reasonable
provisions imposed by the Director of Planning and Development or
his/her designee.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
The plan submitted by the applicant shall provide
for adequate grading and for replanting or revegetation of the site
within six months after the completion of the removal or deposit,
as the case may be, or within two years after the commencement of
operations, whichever date first occurs. The applicant shall be responsible
for the successful replanting or revegetation of the site.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
This article shall not apply to the stockpiling of fill or other materials for sale or resale, nor shall it apply to the maintenance of existing driveways or parking lots or to the application of sod on existing lawn areas, nor shall it apply to a project which is reviewed in Chapter 276, Site Development Plan Review; provided, however, that it shall apply to projects subject to site development plan review until site development plan review approval has been issued. This article shall also not apply to a project for which a building permit has been issued where the deposit or excavation of fill is included within the work covered by such permit, provided that, in determining whether to issue such a building permit, the Director of Planning and Development or his/her designee shall be entitled to receive the information contained in § 179-5; shall consider the factors referred to in § 179-6; and shall be authorized to impose the conditions referred to in § 179-6.
[1]
Editor's Note: This ordinance provided for an effective date
of 1-1-2014.
