§ 17.16.240. Fill or excavation operation.

Fill or excavation operations shall be conducted only by special permit in the RA, RA1, RB, RB1, RC, RC1, RC2, RC3, PDD2, NB, CB, GB, HB, TED, LI and IP districts granted by the city council, provided the following are in compliance:

A.

Drawings to a scale not greater than one hundred feet to an inch, with contours shown at least at two-foot intervals, indicating the elevations before and after the proposed filing or excavation, and the location of the area to be worked are to be submitted to the building inspector, planning board, city engineer, health agent and superintendent of public works. A concept plan for future use of the land must also be submitted.

B.

Permits issued under this section by the building inspector shall be valid for six months from the date of issue and may be renewed by the building inspector upon reapplication.

C.

The fill or excavation ordinance shall not apply to buildable lots, where such removal is incidental to and in connection with operations by the city, with the construction of a building on the premises for which a building permit has been issued in accordance with the building code, and with the development of an approved subdivision. This subdivision exception shall not exceed a period of one year from the date of the planning board's endorsement on the final approved subdivision plan and upon expiration of this one-year period, this title shall be in full effect.

D.

Permits issued under this section shall not be for sludge, ash residue or any end product of incineration, composting or any process associated with the processing and disposal of refuse or solid waste, or treated or untreated toxic, or hazardous wastes or sewerage or effluent of any kind.

(C.O.97-105 § 21; C.O. 88-18 § 1; C.O. 83-3 § 17-5(W))