CHAPTER 567
Topsoil Removal

567.01   Permit required.

567.02   Application for permit.

567.03   Investigation; hearing; conditional approval.

567.04   Issuance of permit; bond.

   CROSS REFERENCES

   Soil and Water Conservation Commission - see Ohio R.C. Ch. 1515

   Placing injurious material or obstruction in street - see TRAF. 311.01

   Loads dropping or leaking - see TRAF. 339.08

567.01 PERMIT REQUIRED.

   (a)   No person, firm, corporation or copartnership, and no servant or agent of any corporation, copartnership, association or individual, shall strip and remove, or cause or permit the stripping and removal of, any topsoil or loam, or remove or cause or permit to be removed, any sand, gravel or other deposits under topsoil, from any land located in the City unless he or she is the holder of, or in conformance with, a permit to do so, issued pursuant to the provisions of this chapter.

(Ord. 32-1960. Passed 2-1-60.)

   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.

567.02 APPLICATION FOR PERMIT.

   Any corporation, copartnership, association or individual desiring a permit to remove topsoil or loam, or to remove sand, gravel or other deposits under topsoil, shall file with the Building Commissioner a written application therefor. Such application shall contain the following information:

   (a)   The full name and address of the applicant and, if the applicant is a partnership, the name and address of each of the partners, and if the applicant is a corporation, the names of its principal officers;

   (b)   A description of the land from which the topsoil or loam is to be stripped, or the gravel, sand or other deposit is to be removed, specifying the quantity desired to be removed;

   (c)   If the applicant is not the owner of the land described, a statement of the name and address of the owner, and the owner's written consent to the work proposed, attached to the application;

   (d)   The method of stripping and removal to be employed;

   (e)   The time within which the work will be commenced and completed;

   (f)   The type of backfilling, reseeding or replanting proposed for such land;

   (g)   The depth of the topsoil now on the property, the amount proposed to be removed and the amount to remain;

   (h)   The method of drainage to be used during the operation and after its completion and the topography of the land after removal;

   (i)   The ultimate proposed use of the land after the removal of the topsoil, loam, sand, gravel or other deposits;

   (j)   A statement that the applicant will bear the expense of a City inspector;

   (k)   A statement that the applicant is capable of obtaining, and will furnish, a performance bond in the amount of one thousand dollars ($1,000) for each acre or fraction thereof, included in such permit;

   (l)   Such other information as the Building Commissioner believes necessary.