§ 16-55. Other conditions required of applicant.
Every person to whom any permit is issued to make an earth change, if granted under this article, shall comply with the following:
(1)
As to excavations.
a.
All vehicles transporting soil or other materials from such excavation over the public streets of the city shall travel over a route which will be the least dangerous to public safety, cause the least interference with general traffic and cause the least damage to the public streets.
b.
The floor of any such excavation or height of finished grading shall not be made higher or lower than the level thereof as set forth in the application provided for in section 16-54.
c.
If, in the opinion of the city engineer, any such excavation will present a dangerous condition if left open, such excavation shall be enclosed by a chainlink or wire mesh fence completely surrounding the portion of the site where the excavation exists, said fence to be not less than five feet in height, complete with gates. Gates shall be kept locked when operations are not being carried on. Barbed wire shall not be used.
d.
Any soil or other materials that may be deposited on any public street or place from any vehicle transporting such materials from any such excavation shall be immediately removed in a manner satisfactory to the city engineer at the expense of the person to whom the permit to excavate was issued.
e.
Any roads used for the purpose of ingress and egress to said excavation site, which are located within 100 feet of an occupied residence, shall be kept dust free.
f.
The slopes of the banks of the excavation shall in no event exceed a slope of one foot (one foot horizontal to one foot vertical) and where ponded water results from the operation (more than 24 inches deep), this slope must be maintained and extended into the water to a depth of three feet.
g.
Where excavation operations result in a body of water more than 24 inches deep, the owner or operator shall place appropriate "Keep Out—Danger" signs around said premises not more than 100 feet apart.
h.
No cut or excavation shall be made closer than 50 feet from the nearest street or highway right-of-way nor nearer than 40 feet to the nearest property line unless approved by the city engineer; provided, however, that the city engineer may prescribe more strict requirements in order to give sublateral support to surrounding property where soil or geographic conditions warrant it.
i.
During the period in which an excavation is being made or a pit is being operated, no person, firm, or corporation shall allow pools or puddles of water to form and become stagnant. Any person operating a pit shall, at least once each month, spray any pools or ponds which may exist in conjunction with such operations to keep such from becoming breeding places for mosquitoes or otherwise creating an unhealthy condition.
j.
In all cases wherein a lake, pool, or pond is constructed in connection with the operation of a pit and the same is within 1,000 feet of any residence, reasonable protection shall be provided by posting or fencing such body of water adequately to prevent children from entering.
Exception: bodies of water less than 24 inches deep.
(2)
As to filling operations.
a.
Fill materials shall be clean and in conformance with all requirements of the state department of environmental quality.
b.
Fill materials shall not be deposited in a lake, stream or river without a permit from the department of environmental quality.
c.
The finished grade of any fill operation shall not be higher than the level as set forth in the application provided for in section 16-54, and in no case higher than one foot above the crown of the abutting street.
(3)
General provisions.
a.
The premises shall at all times be graded so that normal surface water drainage is not interfered with and no greater amount of drainage occurs to the neighboring properties than occurred before the grading.
b.
When stripping, excavation and/or filling operations are completed, the replacement of topsoil and grass seed for cover shall be made within five calendar days. If permanent stabilization is not possible, temporary control measures must be maintained until the area is permanently stabilized.
c.
The city engineer or building inspector shall impose such other and further requirements as is deemed necessary in the interest of the public health safety and welfare of the citizens of the city, and to preserve and protect its natural resources.
(Prior Code, § 5.405; Ord. No. 92-06, 2-3-1992; Ord. No. 2004-02, 2-2-2004; Ord. No. 2004-03, 2-2-2004; Ord. No. 2010-10, § 9, 8-2-2010)