(a) Prohibited Without Permit. No person, firm, corporation, owner or lessee of any lot, or land shall change or alter or cause to permit a change or alteration in the existing grade or topography of said land, whether said change or alteration results from stripping or removing soil or substance from said land or depositing soil or some other fill type substance on said land including but not limited to top soil, loam, sand, gravel, unless said change is in conformance with a permit to do so issued pursuant to the provisions of this chapter.
(b) Application for Permit. Any person, firm, corporation or any owner or lessee of a lot or land desiring a permit to change or alter the grade or topography as referred to in subsection (a) hereof shall file with the Village Zoning Director, for review by the Village Engineer, a written application therefore. A one hundred dollar ($100.00) fee shall be submitted with the application. The Village Engineer may require the application to include some or all of the following information depending upon the nature and scope of the proposed operation.
(1) The full name and address of the applicant, and if the applicant is a partnership, the full name and address of each of the partners, and if the applicant is a corporation, the name and address of its principal officers.
(2) Description of the land from which the soil or substance is to be removed or on which the soil or substance is to be deposited, specifying the type soil or substance to be removed or deposited and the quantity in cubic yards of soil or substance to be removed or deposited.
(3) If persons other than the owner are interested in securing a permit, the owner shall join in, sign and be made party to the application for such permit and shall agree to be bound by any condition imposed or made a part of said permit.
(4) The method by which the soil or substance is to be removed from or deposited on said land, and the equipment that will be used, specifying further, the equipment that will be left upon the land between the commencement and completion of the operation.
(5) A site plan showing the existing and proposed grade or topography at two foot contour intervals on the lot or land involved and the land within 300 feet of the land involved including property lines, easements, street rights- of-way, floodways, floodplains and existing structures. Said site plan shall be prepared at a scale of between one inch equals ten feet (1" = 10') and one inch equals 200 feet (1" = 200').
(6) Wetlands on the lot or land involved and the land within 300 feet of the land involved must be delineated on the site plan.
(7) A sufficient number of dated photographs of the land showing the existing condition of the land depicting trees, landscape features and existing structures.
(8) Engineering details, plans or methods concerning the prevention of erosion, fugitive dust control, alteration or filling of drainage ditches, swales or culverts, interfering with or burying sewer or utility lines and the changes in the surface water runoff.
(9) The plans or methods by which the land is to be reclaimed after the removal or deposit of the soil or substance including the reseeding or replanting of the land.
(10) Chemical analysis of the soil or substance to be removed or deposited.
(11) The method of drainage to be used during and after the operation is completed.
(12) Certification by a licensed engineer indicating the type of construction which could not be located on the land as a result of the removal or deposit of the soil or substance.
(13) A plan or description of the proposed use of the land after removal or deposit of soil or substance.
(14) Written acknowledgment that the applicant will bear the expense of the necessary Municipal inspection during the operation under the permit.
(15) A work schedule setting forth the proposed time limits within which the operation will be commenced and completed showing the daily hours of operation, proposed haul roads if over the road vehicles are employed, methods of traffic control, methods of maintenance to insure that public rights-of-way are kept undisturbed, clean and safe along or in the vicinity of the proposed haul roads from or to the land involved.
(16) Such other or further information as the Village Engineer may deem necessary for a comprehensive review of the requested operation.
(c) Performance Bond. The applicant shall furnish a Performance Bond in the minimum amount of five hundred dollars ($500.00) for each acre or fraction thereof included in said permit. The exact amount of said bond shall be established by the Village Engineer.
(d) Approval of Permit. The Village Engineer shall review the application and shall recommend approval of the permit if he determines that the proposed grade changes will not adversely affect the public welfare, health, safety and convenience. In recommending approval of said permit the Village Engineer may imposed reasonable conditions relating to:
(1) The method of removing or depositing the soil or substance.
(2) The term of the permit.
(3) The type and/or quantity of the soil or substance to be removed or deposited.
(4) The effect on adjacent property by virtue of odors, noise, dust, drainage or erosion.
(5) The probable effect upon a public right-of-way, particularly damage to the road surface.
(6) The reclamation of land.
(7) Such other matters as may reasonably be required to protect the public health, safety, welfare and convenience.
Any conditions so imposed by the Village Engineer shall be made part of the permit and shall bind the applicant and his successors or assignees.
(e) Granting of Permit. Upon a positive recommendation from the Village Engineer the Zoning Director shall issue said permit pursuant to the conditions and recommendations of the Village Engineer.
(f) Grade And Topography Alterations Not Applicable. This chapter shall not apply to grade or topography alterations:
(1) Made pursuant to a previously issued Certificate of Zoning Compliance, when the change or alteration is set forth in the plans as submitted with the application for said certificate.
(2) Made pursuant to a previously approved subdivision plat when the change or alteration is shown in the plans filed and approved in conjunction with said plat.
(3) Made upon a single-family residential lot on which there exists a dwelling unit and when:
A. The change in grade or topography is solely for the purpose of landscaping and;
B. The change in grade in topography does not change, increase, alter, or restrict the existing water drainage from or to adjacent lands.
(Ord. 45-91. Passed 5-20-91.)