(a) No person shall strip and remove or permit the stripping and removal of any topsoil, loam, sand, gravel, or other substance from any land in any use district unless he or she is the holder of, or in accordance with, a permit issued pursuant to the provisions of this section. Any person, firm, or corporation desiring such a permit shall file with the Building Inspector a written application giving the following information:
(1) The full name and address of the applicant; in the case of a partnership, the name and address of each partner; and in the case of a corporation, its principal officers;
(2) A description of the land on which such operations are to take place;
(3) When such operations are to commence and be completed;
(4) The method of stripping and removal;
(5) The depth of such loam, topsoil, sand, gravel or such other substance in or upon such land;
(6) The amount proposed to be stripped or removed and the amount to remain;
(7) The method of drainage during operations and after completion;
(8) The topography of the land after removal;
(9) What reseeding or replanting is to be done after completion;
(10) The ultimate use to be made of the land after removal;
(11) A statement that the applicant will bear the expense of a Village inspector and can post a performance bond as required herein; and
(12) Such information as the Building Inspector may deem proper.
Where the applicant is not the owner, written consent for such operation by the owner must be filed with the application.
(b) After investigating such application, the Building Inspector shall forward the same, together with his or her report, to the Board of Zoning Appeals, which shall set the matter down for public hearing in accordance with the procedure provided herein for the granting of applications for similar uses, conditional uses, and changing from one nonconforming use to another. Upon the hearing of such application, the Board shall give the same consideration to the same rules and regulations set forth under Chapter 1264 for the granting of applications for similar uses, conditional uses, and changing to a new nonconforming use. If the Board determines that the granting of such application will not act adversely to the public health, safety and welfare of the Village, it shall grant such application, and in granting the same may attach such conditions relating to the method of stripping and removal, the term of the permit, the amount of loam, topsoil, sand, gravel or other substance to be removed, the reseeding and replanting after completion, the drainage of the land during and after such operations, and such other conditions as the Board may deem reasonable and proper for the protection of the public health, safety and welfare of the Village. All such conditions shall be made part of the permit, shall be endorsed thereon and shall constitute limitations thereon. In the case where topsoil or loam is to be removed, at least three inches shall be left on the land not to be stripped or removed.
(c) The granting of such application shall be subject to the provisions of Section 1264.05(e), providing for the disapproval of the same by Council.
(Ord. 73-94. Passed 10-4-94.)