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
(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.
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.
The Building Commissioner shall investigate the statements contained in the application and shall report the application and his or her findings to Council. Council shall set a date for a hearing upon the application and shall notify the applicant of the date. If, after a hearing, Council determines that the granting of the permit will not adversely affect the public welfare, health, safety and convenience, it shall grant the permit subject to conditions relating to the method of stripping and/or removal, the term of the permit and, in a case of stripping, the amount of topsoil or loam to be left on the land, which shall not be less than three inches, the reseeding or replanting, the drainage or topography and such other conditions as Council may believe necessary for the protection of the public interest, health, safety and welfare. Any conditions imposed by Council shall remain a part of the permit and constitute limitations thereon. Council shall, by a majority vote, act on such application, subject to the limitations set forth in this chapter.
(Ord. 178-1959. Passed 9-14-59.)
Upon the approval of such application, the Building Commissioner shall be instructed to issue the permit, containing the conditions imposed upon it, if any, and such permit shall be issued to the applicant upon posting of a bond in favor of the City, conditioned upon the performance of the terms of the permit. Such bond shall be signed by the applicant, as principal, and a surety company or two good and sufficient sureties satisfactory to the Mayor and approved by the Director of Law. The bond shall be in the amount of one thousand dollars ($1,000) for each acre, or fraction thereof, of property under such permit. The bond shall be filed with the Mayor.