CHAPTER 155: SOIL REMOVAL AND LANDFILLS
Section
   155.01   Definition
   155.02   Permit required
   155.03   Procedure on application for permit
   155.04   Payment of filing fee
   155.05   Investigation and hearing
   155.06   Notice of hearing on application
   155.07   Payment of permit fee on issuance of permit
   155.08   Deposit of bond and certificate of insurance
   155.09   Consideration by Village Council
   155.10   Excavations
   155.11   Stripping operations
   155.12   Dumping operations
   155.13   Revocation and suspension of permit
   155.14   Expiration of permit
   155.99   Penalty
§ 155.01 DEFINITION.
   The word SOIL as used herein shall include topsoil, subsoil, sand, gravel, rock, stone and heavy aggregate, earth or any other material proposed to be removed from or dumped on land within the village limits. It shall be unlawful to remove soil from beneath any water surface or to dump soil onto any water surface without the specific approval of the Village Council.
(O.C. § 5.381)
§ 155.02 PERMIT REQUIRED.
   It shall be unlawful for any person to dump on or remove or strip any soil from any land within the village without first securing a permit from the Village Council. No permit is required for the removing, grading or leveling of the aforesaid materials if carried on for the immediate use or development of the land upon which the soil is found or pursuant to a building permit issued by the Building Inspector; provided, however, that where soil is removed from the location where found to another location, a permit is required. No permit is required for the dumping of 20 cubic yards of soil or less within one calendar year upon land improved with an occupied residence, provided that such soil is used for landscaping and/or general grounds maintenance. Any person who shall violate this section shall be deemed responsible for a municipal civil infraction and, upon a determination of responsibility, shall be punished pursuant to § 32.03. The fine for violations of this section shall be $500 for a first offense and $1,000 for each repeat offense.
(O.C. § 5.382) (Am. Ord. 157, passed 6-23-97)
§ 155.03 PROCEDURE ON APPLICATION FOR PERMIT.
   The application for a permit shall be filed with the Village Clerk in quadruplicate, shall set forth the following information and shall be accompanied by the following data:
   (A)   An identification of the applicant;
   (B)   The residence and business address of the applicant, including all members of any firm or partnership or all officers and directors of any corporation applying;
   (C)   A complete description and location of the property to which the license is to apply prepared by a registered civil engineer or land surveyor;
   (D)   An estimate of the approximate number of cubic yards to be removed or dumped, this computation to be made by a registered civil engineer or land surveyor;
   (E)   A statement of the manner in which it is proposed to dump or excavate and remove the soil, including the slope of the sides and the elevation of the bottom of any excavation and the kind of equipment proposed to be employed in the proposed dumping or removal;
   (F)   The route which the applicant proposes to use over the public streets and over private property in transporting such materials;
   (G)   The experience of the applicant in the placement and removal of soil and the name, address and past experience of the person to be in charge of the proposed operations;
   (H)   The location of the place and the name, address of persons and firms to whom the soil from an excavation is to be sold or delivered;
   (I)   Whether or not any similar permit issued to applicant has been revoked and, if so, the circumstances of such revocation;
   (J)   The time within which such excavation or dumping is to be commenced after the granting of said permit and the time when it is to be completed;
   (K)   Such further information as the Village Engineer or Village Council may request;
   (L)   A topographic map of the property on which the proposed work is to be done showing a ten-foot contour and covering an area having a radius of 300 feet from the exterior boundaries of the site;
   (M)   A resident homeowner wishing to landscape the property upon which a single-family residence is located and requiring more than 20 cubic yards of soil to be dumped or removed may request a waiver of any or all of the foregoing requirements and of the fees required by this chapter. The request should be accompanied by data indicating the extent of the work to be done and acknowledgments from owners of property adjoining the petitioner's indicating that they have been informed of the proposed work. The Village Council upon determining that the proposed work will not cause problems or effect a major grade change may grant a waiver of any or all of the above requirements and/or the payment of any fee as a condition of obtaining a permit.
(O.C. § 5.383)
§ 155.04 PAYMENT OF FILING FEE.
   At the time of filing the application for permit, the applicant shall pay a filing fee of $150, said sum is to be used to defray the cost of engineering services, investigations, publication charges and other miscellaneous expenses occasioned by processing such application.
(O.C. § 5.384)
§ 155.05 INVESTIGATION AND HEARING.
   Upon the filing of an application for a permit, two copies thereof shall be delivered to the Village Building Inspector. The Village Building Inspector shall make an investigation of the facts set forth in the application and shall make a report of his or her investigation, together with his or her recommendations, to the Village Council. The Council shall act upon said application at a hearing set by the Council. Such hearing may be continued from time to time as the circumstances may require.
(O.C. § 5.385)
§ 155.06 NOTICE OF HEARING ON APPLICATION.
   Notice of hearing on the application shall be given by the Village Clerk by publishing a notice thereof in a local paper designated for that purpose at least ten days prior to the date set for the hearing and by mailing a copy thereof addressed to the applicant and to the owners of the property, as appear on the last assessment rolls of the County of Oakland, within 500-feet radius of the exterior boundaries of the proposed site, at least five days prior to the date set for the hearing. The notice shall contain a statement of the time and place of the hearing, the name of the applicant, a general description of the premises where the applicant proposes to do the work and a general statement of the size and nature of the proposed excavation or dumping area.
(O.C. § 5.386)
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