747.03 APPROVAL OF PERMIT; APPEAL.

   (a)    Standards. Upon the filing of a written application, the Mayor shall investigate the statements contained therein and shall issue the permit herein required unless he finds that the removal of topsoil, earth or dirt shall adversely affect the public welfare, health, safety and convenience. In determining the same, the Mayor shall consider the following standards:

      (1)    Any change occurring to the natural surface water runoff;

       (2)    Any change occurring to the natural topographic contours;

      (3)    Any change occurring to surface water observation or percolation in the immediate area;

      (4)    The creation of uncovered surface areas of the earth where erosion would likely endanger public or private property;

      (5)    The creation of uncovered soil banks;

      (6)    The creation of flooding hazards; and

      (7)    The creation of areas where plant life is not likely to be sustained.

   (b)    Conditions. The Mayor shall grant such application when these standards shall not be violated and may impose reasonable terms and conditions thereon relating to the removal of topsoil, earth or dirt pertaining to:

      (1)    The amount of material to be removed;

      (2)    The amount of material to be left on the land;

      (3)    Reseeding or replanting;

      (4)    Drainage provisions to protect against damage to public or private property;

      (5)    Such other conditions as he may deem necessary for the protection of the public health, safety, welfare and convenience.

   Any condition imposed by the Mayor shall be made a part of the permit and constitute limitations thereupon.

   (c)    Appeals. In the event that the Mayor denies any such application or imposes a condition the applicant deems unreasonable, the applicant may appeal his decision to the Board of Zoning and Building Code Appeals within thirty days after the Mayor's decision. The Board of Zoning and Building Code Appeals may, by a majority vote, consider such appeal and application, and using the standards contained therein, shall sustain, reject or modify the decision of the Mayor. The decision of the Board of Zoning and Building Code Appeals shall be the final administrative decision of this City.
(Ord. 113-1973. Passed 10-9-73.)