Any land clearing activity shall be permitted only when an application for a land clearing permit is reviewed and approved by the Planning Commission in accordance with the procedures for site plan review in Chapter 1115.
(a) In addition to complying with the applicable submission requirements for site plan review, the property owner shall also file the following items with the Planning Commission:
(1) Name and address of the applicant, and the name and address of the owner of the land if it be different from that of the name and address of the applicant. If the applicant and/or owner is a corporation, the state of incorporation, the names and residence addresses of its president and secretary and of its statutory agent shall be included on the application; if the applicant and/or owner is a partnership, that fact shall be stated and the names and residents addresses of all partners shall be listed. All applications shall give the business address of the applicant and/or owner, as well as any other addresses herein required.
(2) For applications involving removal of topsoil the applicant shall provide: the method of removal to be employed, the time within which such work is to be commenced and completed, the amount of soil to be removed, the proposed disposition, including reuse of the topsoil, and a siltation prevention plan.
(3) For applications involving the cutting of trees, the applicant shall provide:
A. The name and address of each person who shall engage in the cutting of trees on such premises, either under contract or any other arrangement with the owner;
B. A copy of the contract covering such arrangement for the cutting of trees, or if there is no such contract reduced to writing, a succinct statement of the terms and provisions of such arrangement.
(4) A location map that clearly depicts the boundaries of the site upon which such operations are proposed to take place and areas to be disturbed, including areas of tree cutting, and the location of buildings on adjacent properties, roads and the specific location of all natural features, drawn to scale.
(5) A map indicating the proposed changes in the contours and natural features that will result from any land clearing activity.
A. The contour interval of this map shall be no more than five (5) feet in an area where the slope exceeds ten percent (10%) and two (2) feet where the slope is less than ten percent (10%).
B. Information on the anticipated disturbance, the depth to which it is proposed that material be removed, the type and nature of refilling, reseeding, or replanting proposed, the topography of the land, and
C. The proposed ultimate use.
(6) A tree removal/preservation plan, whenever trees are to be removed. Such plan shall clearly indicate:
A. A tree survey drawn at a suitable scale showing all existing trees with a DBH of eight (8) inches or greater, and indicating the size and common name of individual trees.
2. Trees that have a DBH of eight (8) inches or greater, and which are not otherwise included within the limits of a mature woodlands or young woodlands.
B. Identification of all existing trees and woodlands that are to remain on the site after construction.
C. All existing trees and woodlands that are to be removed from the site.
D. The location, common name, botanical name, and size of all new trees to be planted on the site.
(b) Conditions of Approval. The conditions under which applications shall be approved under this Chapter are as follows:
(1) Approval of an application for the land clearing activities shall not be given by the Planning Commission in any case where such land clearing activities would result in interference with the natural water supply of the Village or any of the lots or lands therein, or if it would result in the undue erosion of the soil on such lots or lands; or create a nuisance because of dust, erosion, soil or water runoff.
(2) Adequate drainage shall continue to exist on the land to be disturbed so that stagnant water or other conditions dangerous to health and safety will not be created.
(3) Approval of an application for the cutting of trees shall not be given by the Planning Commission unless and until adequate assurance is furnished by the applicant that if such approval is given and such cutting of trees are completed, all of the cordwood, branches, brush, rubble and refuse resulting therefrom will be removed from the premises or cut up, chipped and placed on the forest floor in such a way that no fire hazard shall result therefrom.
(c) Performance Guarantee.
(1) If the application is approved, the Chief Building Official shall issue a permit containing the restrictions imposed, if any, upon the posting of a performance guarantee running in favor of the Village, conditioned upon the performance of the permit in accordance with its terms, in the amount fixed by the Planning Commission.
(2) The performance guarantee hereinabove provided for shall be signed by the owner of the premises concerned and by each of the persons with whom arrangements have been made for the land disturbance activity or cutting of the trees under contract or otherwise as principals, and by such sureties as the Chief Building Official shall deem sufficient.
(Ord. 2016-07-24. Passed 8-3-16.)