(a) Any person wishing to change the contours of land by grading, excavating or filling, or desiring to remove topsoil, trees and other vegetation, loam, sand, gravel, rock, stone, clay and other similar substances from land located in any area or place within the Village, shall, prior to commencing or continuing any such operation, file with the Village Engineer a written application for permission to carry on such operations. Such application shall contain the following information:
(1) The name and address of the applicant and the name and address of the owner of the land, if different from those of the applicant shall be included.
(2) A drawing of the area of land for which the change of grade is required, together with a drawing of the entire parcel owned by the applicant, showing its location and dimensions, and also the parcels and the roads abutting on its boundary lines, including the dimensions of and the elevations of all lot lines and streets. If land is to be filled, such drawing shall show the area to be filled with elevations for the proposed filled-in area, both before and after the filling, and the slope of the fill on all sides.
(3) The application shall include the method of operation to be employed, the time within which such work is to be commenced and completed, the existing and proposed topography of the land, the amount of material in cubic yards requested to be used as fill, and its ultimate proposed use, the type and nature of refilling, reseeding or replanting proposed and the name and address of any person who is proposing to do the actual work of grading, excavating, filling or removal. If any such agreement, contract, lease or other arrangement is in writing, a copy thereof must be attached to the application; if such is not in writing, a statement to that effect must be made in the application.
(4) The application shall also contain a statement that the applicant and the owner of the land will furnish a performance bond in a sum not to exceed two thousand, five hundred dollars ($2,500) per acre, or fraction thereof, included in the permit, if granted, for changing the contours of the land by grading, excavating or filling or for removing topsoil or loam, and not to exceed five thousand ($5,000) per acre, or fraction thereof, included in the permit, if granted, for other removals in accordance with this Zoning Code.
(5) When deemed appropriate by the Village Engineer, any or all of the following additional information may be required:
A. The areas of such premises which will be exposed at any one time;
B. The type of temporary vegetation and/or mulching which will be used to protect the exposed areas of such premises during the construction of any type of improvements thereon, the changes being made in the contours thereof or in the removal or destruction of topsoil, trees and other vegetation located thereon;
C. The location, construction and maintenance of sediment basins (debris basins or silt traps) or other controlled measures on such premises;
D. The type of permanent and final vegetation and structures which will be planted and installed on such premises and the time within which such vegetation and structures are to be planted and installed; and
E. A description of the type of soil comprising such premises.
(b) Such application shall be forwarded to the Planning Commission by the Village Engineer, together with a written report by him or her with respect to the statements contained therein and his or her recommendations thereon.
(c) (1) Together with the above application the Village Engineer shall state his or her recommendations for adequate erosion and sediment control measures for the proposed grading, excavating, filling or removal operation. After securing all such information as it deems necessary, the Planning Commission shall set the matter down for a public hearing and mail notice thereof to the applicant and the owner of the land at the addresses given in the application not less than five business days prior to the public hearing, excluding the day of the mailing and including the day of the public hearing.
(2) If, after such hearing, the Planning Commission determines that the granting of the application will not adversely affect the public welfare, peace, health, safety and convenience, it shall grant the application with the conditions relating to the method of grading, excavating, filling or removal of the land or area on which the operations are to be conducted, the terms of the permit, the amount of topsoil or loam to be respread on the land, the amount of the removal which may be permitted on the land, the refilling, reseeding or replanting of the land, the drainage after removal and such other conditions as the Planning Commission deems necessary for the protection of the public health, safety, peace, convenience and welfare, which conditions shall be made a part of the permit and constitute limitations thereon.
(d) No application shall be granted under this section except upon the concurrence of not less than three members of the Planning Commission. An application granted by the Planning Commission not in compliance with the requirements of this subsection shall be void.
(e) In the event the application is denied or is not granted in conformity with division (c) of this section, notice thereof shall be mailed forthwith to the applicant and the owner of the land at the addresses given in the application.
(f) (1) If the Planning Commission denies the application, or if the same is not granted in conformity with the provisions of division (c) of this section, the applicant or owner may appeal to Council by filing a written notice of such appeal with the Village Clerk within thirty days from the date of the mailing of the communication sent by the Planning Commission to the applicant and the owner, as provided in division (e) of this section. The Village Clerk shall then obtain from the Planning Commission the application, reports, recommendations, documents and minutes, or copies thereof, relating to the application and the action taken thereon by the Planning Commission and submit the same to Council. Council, by majority vote, may act to move upon the application, subject to the limitations and provisions applicable to the Planning Commission.
(2) If the Planning Commission approves the application, then the Village Clerk or Village Engineer shall obtain from the Planning Commission the applications, reports, site plans, drawings, recommendations, documents and minutes, or copies thereof, relating to the application and the action taken thereon by the Planning Commission and submit the same to each Council member within seven days of the meeting wherein the approval is granted. Council, by majority vote, may override the granting of the application by the Planning Commission and submit such in the form of minutes, a motion or other written communication. The communication shall contain a statement of direction for the Planning Commission bound at the time of the Council vote. A Council vote must take place within thirty days of the Planning Commission's approval.
(g) If the application is granted, either by the Planning Commission or by Council, the Village Engineer shall issue a permit containing the restrictions imposed, if any, upon the posting of a bond, running in favor of the Village and conditioned upon the performance of the permit in accordance with its terms, in the amount fixed by the approving body, such bond to be signed by the applicant, the owner and a surety company, or two good and sufficient sureties satisfactory to the Mayor. No work is to be performed at the site until all conditions of the permitting process are completed.
(h) The provisions of this section shall not be deemed or construed to apply to any excavation or removal for a basement or foundation for any proposed building for which a building permit has been issued and is in force and effect. However, if such building is not commenced and carried forward, any excavation or removal made preparatory thereto for a basement or foundation shall be filled up and replanted.
(i) (1) At the time of submission of the written application, the applicant shall deposit with the Village Clerk an amount of money as determined by the Village Engineer, not less than six hundred dollars ($600.00), to cover the cost and expense of such investigation as may be necessary to fully review such application and any accompanying maps, and report upon the same to the Planning Commission. In case such expenditure exceeds the deposit, such excess shall be paid into the Village Treasury by the applicant upon request of the Village Clerk.
(2) If the application is granted, the applicant shall reimburse the Village Clerk for any expenses incurred in connection with Village supervision or inspection of the operations as outlined in the permit. Statements for such expenses shall be submitted to the permit holder by the Village Clerk and shall be subject to payment within thirty days of receipt. Failure to pay such statements shall constitute grounds for the revocation of the permit.
(j) The maximum period of time of a permit shall be two years. Upon the expiration of a permit, the permit holder shall not be permitted to extend it but may apply for a new permit under the conditions set forth in this section.
(k) This section shall not apply to residential lots under two acres, except as provided in division (a)(1), (2) and (3), division (f), and division (h) of this section and as further enumerated:
(1) Any application submitted for alteration of the topography of a residential lot under two acres shall be reviewed by the Village Engineer and any changes required by him shall be made before a permit is issued.
(2) If the application is approved, the Village Engineer shall forward the application, report, and drawings to Council for permit approval.
(3) If the application is denied by the Village Engineer, the applicant or owner may submit a written appeal to Council.
(4) After a permit has been issued, the Village Engineer shall inspect the work in progress at least once a mouth. The Engineer shall also check the final grading and drainage of the property before it is reseeded or replanted, after vegetation is re-established, a final inspection shall be made by the Village Engineer.
(5) The cost and expense of the review of the application, the issuance of the permit and the inspections and grade checks made by the Village Engineer shall be borne by the applicant. At the time of submission of the application, the sum of seventy-five dollars ($75.00) shall be deposited with the Clerk-Treasurer. Such costs and expenses shall be deducted from the deposit. If such expenditures exceed the deposit, the balance shall, upon demand, be paid forthwith into the Municipal Treasury. If the deposit exceeds the expenditures, the balance shall be refunded to the applicant.
(l) This section shall not apply to minor filling and grading being done in conjunction with finished landscaping as long as the grade is not altered more than eight inches and the drainage of abutting properties is not adversely affected.
(Ord. 2004-98. Passed 6-9-04.)