1371.02 HEARING BY PLANNING COMMISSION.

   A hearing before the Planning Commission shall only be required if so indicated by the Village’s Building Commissioner. The Planning Commission shall set a date for hearing upon the application and shall notify the applicant and any other interested parties of the date. If, after a hearing, the Planning Commission determines that the granting of the permit will not adversely affect the public welfare, health, safety and convenience, it shall grant the permit, with such conditions relating to the method of stripping and removal, the term of the permit, the amount of topsoil, loam, sand, gravel or other substance to be left on the land which shall not be less than three inches in the case of topsoil or loam, the reseeding or replanting, the drainage or topography and such other conditions as the Commission may deem necessary for the protection of the public interest, health, safety and welfare. Any conditions imposed by the Commission shall be made a part of the permit and constitute limitations thereon. Furthermore, the Planning Commission is charged with determining whether or not a Conditional Use Permit pursuant to Chapter 1149 should be granted if the applicant intends to engage in continuous and ongoing business operations of soil removal. (Ord. 2009-44. Passed 11-16-09.)