Description: A permit is needed to modify the topography of a site that is subject to an approved grading and drainage plan or a site that is not subject to an approved grading and drainage plan involving 50 cubic yards of material or more. Depending on various factors, the permit may be referred to as a minor permit 50-499 cubic yards) or a major permit (500 cubic yards or more). The procedures and requirements are found in Divsion 12 of Article 7.

Initiation: The owner of the subject property may submit an application to modify the topography of a site.

Decision-maker(s): Major - Plan Commission; minor - zoning administrator; 

Application fee: $100, with renewal at $25

Submittal deadline: Major - 2 weeks before the Plan Commission meeting; minor - submitted daily

Basis of decision:

1. Effects on existing drainage patterns, including the rate and location of overland flow;
2. Effects on up-gradient and down-gradient properties;
3. Effect on existing  wetlands and waterbodies;
4. Effect on existing native vegetation;
5. The potential of creating manmade wetlands;
6. The extent to which the cut and/or fill appears to be compatible or incompatible with the topography in the area;
7. The stability of the proposed slope; and
8. Any other factor that relates to the purposes of this chapter as set forth in s. 1-5 or as allowed by state law.

Procedure:
   (a) Minor permit. The general steps outlined below shall be used to review an application to modify the topography of a site that is subject to an approved grading and drainage plan or a site that is not subject to an approved grading and drainage plan involving 50 cubic yards of material or more, but less than 500 cubic yards.

1. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
2. Staff review. Within 10 days of submittal, the zoning administrator shall either determine that the application is incomplete and notify the applicant, in writing, of any deficiencies or make a decision based on the decision criteria contained in this division to (1) approve the application, (2) approve the application with conditions, or (3) deny the application. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
3. Applicant notification. Within a reasonable time following his or her decision to approve or deny the application, the zoning administrator shall mail the decision notice to the applicant by regular mail.
4. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

    (b) Major permit

1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the zoning administrator to review applicable regulations and procedures and the proposal.
2. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
3. Staff review. Within 30 days of submittal, the zoning administrator shall either place the matter on the agenda for the meeting at which the matter will be considered allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
4. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The zoning administrator shall also provide a copy to interested people upon request.
5. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
6. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
7. Decision. The Plan Commission shall (1) approve the application, (2) approve the application with conditions, or (3) deny the application. The Plan Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the meeting unless the applicant agrees to an extension of a specified duration.
8. Preparation of decision notice. Based on the action of the Plan Commission, the zoning administrator shall prepare a decision notice consistent with this division.
9. Applicant notification. Within a reasonable time following the Plan Commission’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
10. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

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