§ 16-21. Generally.

(a)

It shall be unlawful to excavate or fill until a permit has been issued.

(b)

No permits shall be issued until the application has been approved by the board of county commissioners, the fees established by the board have been paid to the county, and a letter of credit, or other surety in an amount as may be prescribed has been accepted by the county, such surety to expire no earlier than three (3) months after the expiration date of the permit.

(c)

An additional excavation or fill permit shall not be granted for an existing permitted site unless the additional permit is in the original permittee's name.

(d)

Permits may only be issued for property zoned agricultural or industrial unless the operation applied for is part of an approved development of real property.

(e)

Applications for excavation permits or fill (including stockpile) permits for type I or II material, as defined in this chapter, will be made at the county engineer's office, public works division, under the provisions of this chapter. Other construction and demolition debris permits and class III waste disposal sites shall be applied for at the manager's office, resource recovery department, public utilities division, under the appropriate provisions of the County Code. All applications shall be submitted on a form approved by the board of county commissioners.

(f)

Vehicular access to and from excavations and fills shall be designated by the board of county commissioners at the time of permit approval. Unless specifically permitted by the board, no vehicular travel to or from an excavation or fill shall be allowed through a street, the primary purpose of which is to serve residential dwellings, in a platted residential subdivision; however, the board of county commissioners may permit such travel when a residential subdivision street provides the only reasonable access or when the street is a collector or arterial street. Where the permittee hauls materials or equipment to or from the project over roads and bridges on the state road system, county road system or city street system and such use causes damage, he shall immediately, at his expense, repair such road or bridge to as good a condition as before the hauling began.

(g)

A restoration plan that meets the criteria specified in section 16-8(a)(3) shall be submitted as part of an application.

(h)

On completion of an excavation, a certified topographic survey shall be submitted showing the finished grades. The county engineer shall inspect the site to verify satisfactory compliance with the final grading plan and reclamation plan in conformance with this chapter and any special permit conditions. After satisfactory completion and inspection, a certificate of completion will be issued.

(i)

A soil-cement batch plant may be included in, and approved as part of, an excavation provided the soil-cement batch plant operations shall cease on or before the expiration of the excavation permit. Upon ceasing operations, the soil-cement batch plant equipment is to be removed from the site, and the area used as the soil-cement batch plant shall be included in the approved restoration plan.

(Code 1965, § 23A-4; Ord. No. 85-32, § 1(4), 11-25-85; Ord. No. 89-13, § 4, 8-7-89; Ord. No. 92-19, § III(13), 7-7-92)