(a) Notice. Unless specifically exempted in this division, it shall be unlawful for any person to engage in land clearing of any site, parcel or lot within the incorporated area of the city, without a permit and prior written notification to the building official, pursuant to the following conditions, and supplying the city the following information, at a minimum, on a form to be provided by the city:
(1) Legal description of the property, including street address.
(2) Name, address and phone number of property owner.
(3) Name, address and phone number of applicant, if other than property owner.
(4) Date upon which land clearing is to commence.
(5) A dimensioned sketch plan showing the location of all existing and proposed structures, driveways, onsite sewage disposal facilities, water bodies, existing trees and vegetative communities identified by species and size or other information as required by the city.
(b) development order. If a permit is required, no land clearing shall take place and no survey or land clearing permit shall be issued prior to the issuance of an applicable development order for the property.
(c) Survey permit. A survey permit is required for clearing for surveys and soil or engineering testing according to the following:
(1) Prior to any land clearing for surveying greater than five feet in width or soil or engineering testing greater than eight feet in width with a reasonable turnaround, the owner of the property proposed to be cleared or his authorized agent shall submit an application for the proposed land clearing activity to the building official, on such form as provided by the city. The survey permit shall expire after 30 days from the date of issuance. The building official may grant an administrative waiver for an additional 30 days for hardship, including adverse weather, size of property and inability to obtain permits from other agencies.
(2) When a written survey permit has been issued, the applicant shall post the survey permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The survey permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the survey permit form in a clearly visible manner at all times.
(3) Prior to any land clearing, all trees to be protected shall be marked at the dripline by the erection of barriers clearly visible to heavy equipment operators.
(d) Land clearing permit. A land clearing permit shall be required for clearing where an active development order is being sought according to the following:
(1) The issuance of a land clearing permit shall be required prior to land clearing after the applicant has obtained an approved site plan, subdivision approval or building permit, whichever is applicable, according to the following:
a. If one or more trees three inches dbh or greater, excluding undesirable species, are to be removed from the property.
b. If 50 percent or greater or more than one acre, whichever area is less, of the existing vegetation is to be removed from the property, excluding undesirable species.
(2) A land clearing permit shall expire 90 days from the date of issuance for single-family projects and 180 days for subdivisions, multi-family, commercial and industrial projects. Two extensions of 30 days each may be authorized by the building official, provided appropriate justification warrants, such as unusual weather, seasonal situations or inability to obtain permits from other agencies.
(3) When a written land clearing permit has been issued, the applicant shall post the land clearing permit on the affected property in such a manner as to be visible from an abutting road right-of-way. The land clearing permit shall remain posted on the affected property during all applicable land clearing activity. It is the responsibility of the applicant to maintain the land clearing permit in a clearly visible manner at all times.
(4) Prior to the issuance of a development order, the applicant shall provide a tree and vegetative communities survey to the building official as follows:
a. Single-family residential. The property owner of a single-family lot shall provide a tree and vegetative communities survey, which may be hand drawn, on a plot plan of the property, with approximate location of all structures, onsite disposal systems, driveways and water bodies shown. The plot plan shall depict the location, species and dbh of all trees to be counted toward the landscape point requirement. For those sites of five acres or greater in size, a recent aerial photograph, including but not limited to county REDI book photographs or county tax appraiser's blue line maps, may be required.
b. subdivisions, multifamily, commercial and industrial. The owner or applicant of a subdivision or multifamily, commercial or industrial project shall provide a survey of trees and vegetative communities as identified by aerial maps or soil survey maps and a soil map, at a minimum. For those sites of five acres or greater in size, a recent aerial photograph shall be provided.