Inasmuch as the grading, excavating or filling of land results in the removal and disturbance of topsoil, trees and other vegetation, loam, sand, gravel, rock, stone, clay and other similar substances from land; results in noise and the creation of large quantities of dust, which prove obnoxious to inhabitants in the vicinity thereof; creates erosion and drainage problems, swamps and ponds and frequently results in damage to adjoining properties by disturbing the substructure thereof and tends to have a disrupting effect on water supplies, and other similar dangers to public health and safety; results in unsightly and blighted areas unfit for other and useful purposes, thus retarding or preventing their development, depressing property and other values in the neighborhood and permanently destroying the land, leaving it almost valueless for any purpose; creates highway hazards due to the presence of heavy trucks and other equipment on the roads, and due to the scattering of earth and debris thereon; and inasmuch as such operations, unless properly planned, regulated and supervised, have an adverse effect upon the public peace, health, safety and general welfare; any person, firm, corporation or other entity wishing to change the contours of land by grading, excavating or filling, resulting in the removal and disturbance of 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 (except as provided in Section 1325.06), shall, prior to commencing or continuing any such operation, file with the Building Inspector a written application for permission to carry on such operations, which application shall contain the following information:
(a) The name and address of the applicant and the name and address of the owner of the land if it is different from that of the applicant;
(Ord. 1992-01. Passed 1-14-92.)
(b) A description of the land, with boundaries, upon which such operations are proposed to take place. A map of the land showing its location and dimensions and indicating the areas intended to be graded, excavated or filled and delineating the extent of required riparian setback areas as set forth in Section 1155.12(a) of the Planning and Zoning Code.
(Ord. 2000-145. Passed 10-9-01.)
(c) 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 and its ultimate proposed use; and the type and nature of refilling, reseeding or replanting proposed. Such application shall also contain a statement that the applicant and owner of the land will furnish a performance bond for the permit to change the contours of the land by grading, excavating or filling, in an amount deemed to be sufficient to guarantee the performance and completion of the project in accordance with the terms of the permit, if granted. The amount of the bond shall be determined by the Planning and Zoning Commission or by the Council, whichever shall be the approving body authorizing the issuance of the permit, pursuant to Section 1325.05.
(d) The name and address of any person, firm, corporation or other entity who or which, it is contemplated, will do the actual work of grading, excavating or filling. If any such agreement, contract, lease or other arrangement is in writing, a copy thereof shall be attached to the application; if such is not in writing, an explanatory statement of the arrangement shall be made in the application.
(e) Where deemed appropriate by the Building Inspector or the Planning and Zoning Commission, any or all of the following additional information may be required:
(1) The areas of said described premises that will be exposed at any one time;
(2) The type of permanent and final vegetation and structure that will be planted and installed on the said described premises and the time within which such vegetation and structures are to be planted and installed; and
(3) A description of the type of the soil comprising the said described premises.
(Ord. 1992-101. Passed 1-14-92.)