1135.01 Permit required.
1135.02 Application information.
1135.03 Permit; hearing; conditions of issuance.
1135.04 Denial; appeal to Council.
1135.05 Bond required.
1135.06 Exceptions for construction; duty to replace.
1135.07 Enforcement proceedings.
1135.99 Penalty.
CROSS REFERENCES
Construction or installation of walls, fences - see P. & Z. Ch. 997
Construction work, building permits - see BLDG. Ch. 1125
Swimming pool construction permit - see BLDG. 1131.01
Landscaping and lawn services to be licensed - see BLDG. 1133.02
No person, firm or corporation shall strip, remove, cause or permit the stripping or removal of loam or topsoil from any land area located in any present or future use district in this City, except as otherwise provided in this chapter, unless he is the holder of and is in conformance with a permit to do so issued pursuant to the provisions of this chapter.
(Ord. 17-1971. Passed 3-3-71.)
Any person, firm or corporation desiring a permit to strip or remove loam or topsoil shall file with the Building Commissioner a written application therefor. Such application shall contain the following information:
(a) The full name and business and home addresses of the applicant and, if the applicant is a partnership, the names and business and home addresses of each of the partners; if the applicant is a corporation, the names and business and home addresses of its principal officers;
(b) Description of the land from which the topsoil is to stripped or removed, specifying the quantity of land involved;
(c) If the applicant is not the owner of the land described, then the name and address of the owner must be stated and the owner's written consent to the work proposed must be attached to the application;
(d) The method of stripping or removal to be employed;
(e) The time within which the work will be commenced and completed, including the days of the week and the hours during which such work will be done;
(f) The type of reseeding or replanting proposed for the land;
(g) The depth of topsoil now on the property, the amount proposed to be removed or stripped 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 removal or stripping of the topsoil;
(j) A statement that the applicant will bear the expense of a Municipal inspector during the operation under the permit;
(k) That the applicant is capable of and will furnish a performance bond in the amount of five hundred dollars ($500.00) for each acre or fraction thereof included in such permit; and
(1) Such other information as the Building Commissioner deems necessary.
(Ord. 17-1971. Passed 3-3-71.)
The Building Commissioner shall investigate the statements contained in the application and shall report the filing of such application and his findings to the Zoning Board of Appeals. The Board shall set a date for a hearing upon the application and shall notify the applicant of such date. If after a hearing the Zoning Board of Appeals determines that the granting of the application will not adversely affect the public welfare, health, safety and convenience, it shall grant the application upon such conditions as the Board may determine are necessary for the protection of the public interest, health and safety, including conditions relating to the method of stripping or removal, the term of the permit, 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 of the land which shall be required after removal of the topsoil, the days of the week and the hours during such days operations may be carried on, and such other conditions as the Board may deem necessary for the protection of the public interest, health, safety and welfare. Any conditions imposed by the Board shall be made a part of the permit and constitute limitations thereon.
(Ord. 17-1971. Passed 3-3-71.)
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