(A) No changes shall be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees, or other vegetative cover of the land shall be commenced until such time that a plan for minimizing erosion and sedimentation has been processed with and reviewed by the Planning Commission or its duly authorized representative, or there has been a determination by the Planning Commission or its duly authorized representative that such plans are not required.
(B) No subdivision or land development plan shall be approved unless:
(1) There has been a plan approved by the Planning Commission or its duly authorized representative that provides for minimizing erosion and sediment as consistent with the intent of this chapter, and an improvement bond or other acceptable securities are deposited with the village in the form of escrow guarantee which will ensure installation and completion of the required improvements; or
(2) There has been a determination by the Planning Commission or its duly authorized representative that such plans are not required.
(C) No plan shall be required under this chapter of the following:
(1) An excavation below finished grade for basements and footings of a building, retaining walls, for swimming pools or structures attendant to the principal building authorized by a valid building permit.
(2) An excavation or fill which:
(a) Is less than four feet in vertical depth at its deepest point as measured from the natural ground surface;
(b) Does not result in a total quantity of more than 100 cubic yards of material on any lot, parcel, or subdivision thereof;
(c) Does not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation of any adjacent land or watercourse;
(d) Has no final slopes steeper than one foot vertical and three feet horizontal; or (e) Is a fill placed on a surface having a slope not steeper than five feet horizontal to one foot vertical.
(3) Accepted agricultural and management practices such as: plowing, and construction of agricultural structures, and nursery operations such as the removal or transplanting of cultivated sod, shrubs, and trees and tree cutting at or above existing ground.
(4) Grading, as a maintenance measure, or for landscaping purposes on existing developed lots or parcels, provided:
(a) The aggregate of area affected, or stripped at any one time does not exceed 5,000 square feet, and there is no damaging or erosive drainage coming on to the subject area;
(b) The grade change does not exceed 12 inches at any point and does not alter the drainage pattern;
(c) All bare earth is promptly seeded, sodded, or otherwise effectively protected from erosive actions; and
(d) The grading does not involve a quantity of material in excess of 100 cubic yards.
(Ord. C-447, passed 10-10-77) Penalty, see § 153.99