(a) If, upon a hearing, the Council determines that the granting of an application will not adversely affect the public health, safety and welfare, it shall grant the application with conditions relating to the method of removal, the term of the permit, the amount of such removal which may be permitted on the land, and the reseeding or replanting proposed, and such other conditions which the Council may deem necessary for the protection of the public health, safety and welfare, which conditions shall be made a part of the permit and constitute limitations thereon.
(b) This chapter shall not apply to the removal or excavation of topsoil, loam, sand, gravel or other substance which is only incidental to any work or construction for which a permit shall have been issued by the Building Inspector.
(1974 Code § 110.03)