(A) Any person to whom a permit is issued authorizing the making of an excavation shall comply with the following:
(1) All vehicles transporting soil or other materials from such excavation over the public streets of the village shall travel only directly over such route as may be directed by the Village Road Commissioner to be least dangerous to public safety, cause the least interference with general traffic and cause the least damage to the public street;
(2) The bottom of any such excavation shall not be lower than the level thereof as set forth in the application;
(3) If the Village Building Inspector determines that any excavation will present a dangerous condition if left open, he or she shall order that such excavation be enclosed by a chain link or wire mesh fence completely surrounding the portion of the site where the excavation extends, said fence to be not less than five feet in height complete with gates which shall be kept locked when operations are not being carried on. Barbed wire shall not be used. So-called “snow fencing” is permitted where the excavation is intended for installation of utilities or for residential construction;
(4) Any soil that may be deposited on any public street or place from any vehicle transporting such materials from any such excavation shall be immediately removed in a manner satisfactory to the Village Road Commissioner at the expense of the person to whom the permit is issued;
(5) Any road used for the purpose of ingress and egress to the excavation site which is located within 300 feet of occupied residences shall be kept free of dust by hard topping with concrete, bituminous substance or chemical treatment;
(6) Except where the excavation is made for the purpose of residential construction or the installation of utilities, the slopes of the banks of the excavation shall in no event exceed a minimum of five feet to one foot (five feet horizontal and one foot vertical), and where ponded water results from the operation, this slope must be maintained and extended into the water to a depth of three feet;
(7) Where work authorized by a permit results in a body of water being formed, the permittee shall place appropriate “KEEP OUT - DANGER” signs around said premises not more than 100 feet apart. Such excavation shall not be allowed to remain longer than 90 days from date of issuance of permit;
(8) No permanent cut or excavation shall be made closer than 50 feet from the nearest street or highway right-of-way nor nearer than 40 feet to the nearest property line; provided, however, that the Village Council may prescribe more strict requirements in order to give sublittoral support to surrounding property where soil or topographic conditions warrant it;
(9) No person shall operate a gravel or sand mining pit;
(10) During the period in which excavation is being made, no person, firm or corporation shall allow puddles or pools of water to form and become stagnant.
(B) The Village Council shall require such other performance standards where, because of peculiar conditions, it deems it necessary for the protection of health, safety, morals, preservation of natural resources and well being of the citizens of the village.
(O.C. § 5.390)