(a) No person, firm or corporation shall strip and remove or cause or permit the stripping and removal of any loam or topsoil from any land area located in R-1, R-2, R-3, C-1, C-2, C-3, I-1 and M-1 Districts in the City unless he is the holder of or is in conformance with a permit to do so, issued pursuant to the provisions of this section.
(b) Any person desiring a permit to remove loam or topsoil shall file with the Building Inspector a written application therefor. Such application shall contain the following information:
(1) The full name and address of the applicant and if the applicant is a partnership, the name and address of each of the partners and if the applicant is a corporation, the name of its principal officers;
(2) Description of the land from which the topsoil is to be stripped and removed specifying the quantity of land involved;
(3) If the applicant is not the owner of the land described then the name and address of the owner must be stated and the owner’s written consent to the work proposed must be attached to the application;
(4) The method of stripping and removal to be employed;
(5) The time within which the work will be commenced and completed;
(6) The type of reseeding or replanting proposed for land;
(7) The depth of topsoil now on the property, the amount proposed to be removed and the amount to remain;
(8) The method of drainage to be used during the operation and after its completion and the topography of the land after removal;
(9) The ultimate proposed use of the land after removal of the topsoil;
(10) A statement that the applicant will bear the expense of a City Inspector during the operation under the permit;
(11) A statement that the applicant is capable of and will furnish a performance bond in the amount of five hundred dollars ($500.00) for each acre or fraction thereof included in such permit; and
(12) Such other information as the Building Inspector deems necessary.
(c) The Building Inspector shall investigate the statements contained in the application and shall report the application and his findings to the Board of Zoning Appeals. The Board shall set a date for a hearing upon the application and shall notify the applicant of such date. If, after a hearing, the Board determines that the granting of the application will not adversely affect the public welfare, health, safety and convenience, it shall grant the application with such conditions relating to the method of stripping and removal, the term of the permit, the amount of topsoil or loam to be left on the land, which shall not be less than three inches, the reseeding or replanting, the drainage or topography and such other conditions as the Board may deem necessary for the protection of the public interest, health, safety and welfare. Any conditions imposed by the Board shall be made a part of the permit and constitute limitations thereon.
In the event the Board denies an application, an applicant may appeal its decision to Council within thirty days and Council may by majority vote, act on such application subject to the limitations set forth herein.
(d) Upon granting of the application, the Building Inspector shall be instructed to issue the permit containing the conditions imposed upon it, if any, by the granting body and the permit shall be issued to the applicant upon the posting of a bond running to the City conditioned upon the performance of the permit in accordance with its terms. Such bond shall be signed by the applicant and a surety company or two good and sufficient sureties satisfactory to the Mayor. The bond shall be in an amount of five hundred dollars ($500.00) for each acre or fraction thereof of property under such permit. The bond shall be filed with the City Auditor.
(Ord. 65-82. Passed 12-27-65.)