§ 34-162. Application.

(a)

All permits required by this division shall be issued only after an application, in the form of an affidavit, is executed in duplicate and presented to the inspection division of the department of planning and community development, which application shall be referred to the city engineer for review, consideration and recommendation.

(b)

Simultaneously with the filing of the application, the applicant shall file with the city a bond executed by the applicant and by a good and sufficient corporate surety company incorporated under the laws of the state or otherwise authorized to do business in the state and having a fully paid-up capital stock of at least $100,000.00, which bond shall be at least $25,000.00 and up to an amount deemed necessary and sufficient by the city engineer based upon the size, depth and dimensions of the proposed excavation to restore the property as required in this article. The bond shall be conditioned that the principal obligor, if granted a permit, will excavate and restore land within the corporate limits in strict accordance with the terms of this article and will pay to the city any and all damages, losses or liabilities that may result or accrue from or because of the making, existence or manner of guarding, constructing or restoring such excavation and will pay to the city as minimum liquidated damages the sum of $50.00 per day for each day or part of a day that an excavation project of the obligor shall remain unrestored after excavation is complete or deemed complete in excess of the number of days as allowed pursuant to subsection 34-130(d). The bond shall contain a provision that the parties recognize that the damages to the city occasioned by the making or existence of the excavation of land within the city in excess of the number of days shown in the permit will in all probability be difficult to ascertain and consequently that the amount agreed upon is the minimum amount of damages the city will sustain in any event, but that the city shall not be prevented from proving and claiming an ascertainable amount in excess of such minimum sum. Such bond, while payable to the city, shall also inure to the benefit of any person damaged or injured in any manner by the principal obligor because of excavating the land within the corporate limits, except agents, servants or employees of the principal obligor. The bond shall contain a provision that it shall not be exhausted until recovery of the full amount of the bond shall be obtained.

(c)

Each application for an excavation permit must include all of the following information in detail before it can be accepted by the department of engineering and before it can be considered by the city engineer:

(1)

The identity and residence address of the applicant;

(2)

The identity and residence address of the owner of the land;

(3)

The identity and residence address of the person doing the actual excavating work;

(4)

The location and legal description of the land;

(5)

A positive statement as to whether the land has been platted;

(6)

A positive statement that city, county, state and school district ad valorem taxes have been paid and are current concerning the land;

(7)

The quantity in cubic yards of soil to be moved or removed from the land;

(8)

If removal occurs, the place to which the soil is to be removed;

(9)

The proposed date of completion of the soil removal or moving;

(10)

A positive statement that no buildings, residences or structures are within 200 feet of the proposed excavation;

(11)

A positive statement that the proposed excavation shall not block, incumber or close any public street, way, alley or drainage system or disturb the lateral support thereof;

(12)

A positive statement that the proposed excavation shall not be located nearer than 350 feet to any exterior property line boundary of lands utilized for a public or parochial school, a college, a university, a hospital, a church, public building, a cemetery or a municipal park;

(13)

A positive statement that the proposed excavation is not and shall not be located in an area which has on public record restrictions or covenants prohibiting such a use of the property;

(14)

The proposed slopes and lateral supports to be used in the excavation;

(15)

The present and proposed arrangements made for surface water drainage;

(16)

The safety precautions to be installed and maintained at the site, such as fences around the excavation, traffic control devices, and the drainage system to keep the excavation from collecting water within it;

(17)

A positive statement that the applicant will comply with all city ordinances and state and federal laws relating to the work to be done;

(18)

Such other pertinent data as the department of engineering may require;

(19)

The identity and residence or business address of each owner or occupant of any property within 200 feet of the proposed excavation; and

(20)

A positive statement that the property will be restored and detailed plans of such restoration.

(d)

Whenever an application and a bond is filed, the city engineer shall send written notice by certified mail with return receipt requested to each owner or occupant of any property within 200 feet of the proposed excavation. Such notice shall detail the site of the proposed excavation and that the recipient of the notice may within ten days submit to the city engineer any information he feels may assist the city engineer in making his determination. Further, the same such notice shall be published in the official newspaper of the city. All costs associated with the notice shall be borne by the applicant and shall be in addition to the application fee as prescribed in section 34-163.

(Code 1967, § 17-26; Ord. No. 6938, § 2, 2-24-94; Ord. No. 9034, § 6, 11-9-00)