§ 34-1365. Land clearing, dredging and filling.

(a)

Permit required.

(1)

It shall be unlawful for any person to engage in land alteration, including land-clearing, land-removing or land-filling activities in the village, or to use, operate, propel or maintain in use any bulldozer, payloader, front-end loader, backhoe, dragline, power shovel, road grader, dump truck, dredge, sand-pumping machine, pump line, fill spreader or other heavy-duty land-clearing, land-removing or land-filling equipment within the village limits, without first obtaining a permit from the land development department, with payment of applicable fees.

(2)

The application fee shall be paid at the time of submittal. The permit fee shall be paid at the time of issuance.

(3)

Where land alteration work, for which a permit is required, is started prior to obtaining a permit, the fee shall be tripled; but the payment of the fee shall not relieve any person from complying with this section nor from any other penalties which may be imposed.

(b)

Application, compliance.

(1)

Applicants for land alteration, including land-clearing, land-removing or land-filling permits shall furnish to the land development department all information reasonably requested upon a form prescribed for such purposes. No such permit shall be issued without prior full compliance by the applicant with all other required permits and licenses by the city, including full compliance with the applicable provisions of article III, landscaping.

(2)

Application for an approval under this section shall be deemed abandoned 30 days after the date the land development department notifies the applicant of any deficiencies contained in the application. The department may, upon written request and justification by the applicant, grant not more than one 30-day extension. At the expiration of the 30-day period, or any extension thereof, the application shall automatically expire and become null and void.

(c)

Protection against stormwater run-off. Protection measures shall be incorporated on-site during and after land alteration to ensure no off-site stormwater run-off occurs. Such measures may include siltation fencing, hay bales, vegetative preservation areas or vegetation storage or nursery areas.

(d)

Sodding, seeding of property. The applicant for a land alteration or vegetation removal permit shall be required to install sod or ground cover or provide another appropriate means to minimize the travel of off-site particular matter, consistent with section 34-188, if construction does not occur within 30 days after the finalization of land clearing and alteration.

(e)

Violations. Any person charged with a violation of this division shall be denied the issuance of any further permits for land clearing, removal or filling in the village until final disposition thereof, and if found guilty, shall also be denied the issuance of any further permits for land-clearing, land-removing or land-filling operations in the village for a period of one year from date of conviction. Each day's violation shall constitute a separate offense.

(Ord. No. 2017-15, § 3, 7-27-2017)