(A) The form of an application for an earth-changing permit shall be approved by the Township Planning Commission and shall include the information referred to in § 157.367 of this code of ordinances and any additional information deemed material, relevant or useful.
(B) Fees and charges for an earth-changing permit, reasonably related to the actual expenses of issuing same and performing related regulatory functions, shall be established and modified by the Township Board. Fees and charges shall be payable in advance, unless otherwise provided by the Board. Payment of the fees and charges is a condition precedent to the continuing validity of any permit.
(C) Earth-changing permits shall be issued or denied within a reasonable time by the Zoning Inspector who shall enforce this chapter and make all initial determinations related to the enforcement, applicability and interpretation of this chapter, the assessment of fees and charges, the terms of permit conditions and compliance with standards, restrictions and permit conditions and whether to issue a “cease and desist” or “stop work order” concerning earth-changing activity.
(D) Any aggrieved party may appeal from any determination of the Zoning Inspector by making a request (in writing within ten days of receipt of a written determination) for a hearing before the Board of Appeals. Such hearings shall be conducted in the same manner as hearings on a zoning variance; except that, it shall be satisfactory to notify adjoining property owners, permit holders and site owners by telephone, posting on the site or by first class mail to their last known addresses no less than 24 hours prior to such hearing.
(E) Earth-changing permits may be issued subject to conditions imposed to prevent unduly hazardous conditions, to protect the public health, safety and welfare and to curtail the imposition of indirect costs associated with the activity upon the township, including, but not limited to, conditions that require the following:
(1) The restoration of the site at project completion (or of parts of the site where partial completion has occurred and the project is in operation more than 60 calendar days after permit issuance) to an elevation compatible with the surrounding area and suitable for subsequent development and the support of ground cover, including reforestation. Slopes restored to a relationship of three feet of run to one foot of rise shall be deemed satisfactory;
(2) The placement of fencing around the site for the purpose of preventing a dangerous, visibly blighted or unattractive nuisance condition;
(3) The payment of fees to defer additional costs associated with the application of adequate dust control and unscheduled or accelerated maintenance, cleaning and repair to public streets traveled in connection with the activity;
(4) The exclusive use of designated routes on public streets for ingress and egress to the site at designated times;
(5) The grading of the site at all times to avoid interference with surface water drainage affecting adjoining properties;
(6) The stockpiling on site of sufficient topsoil and/or overburden to restore the site at partial completion and before abandonment;
(7) The hard-topping, with concrete, bituminous substance, chemical treatment or other means, of those portions of any street adjoining the site and within 300 feet of a dwelling;
(8) The filing of a bond, performance security, cash or other secured undertaking, satisfactory to the Township Supervisor or Attorney, to ensure the faithful, lawful and complete performance of and compliance with all standards, restrictions and conditions of the permit. The amount of the bond shall reflect the scale of the activities, the prevailing cost to cure or rehabilitate the property, court costs, attorney fees and the salaries and expenses of regulatory personnel; and
(9) The indemnification of the township, its agents and employees, from any loss, damage, expense or liability to any person or property arising directly or indirectly from the earth-changing activity, supported by a certificate of an indemnity company licensed to do business in the state.
(Prior Code, Ch. XXIV, § IV) (Ord. 1992-3, passed - -; Ord. 2001-1, passed 7-17-2001)