Inasmuch as the removal 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 lakes, frequently results in damage to adjoining properties by disturbing the substructure thereof, tends to have a disrupting effect on ground water supplies, and creates other similar dangers to public health and safety; results in unsightly and blighted areas unfit for other and useful purposes, thus retarding or preventing the development of desirable residential, commercial and industrial areas, depressing property and other values in the neighborhood and permanently destroying the land, leaving it almost valueless for any purpose; creates highway hazards by occasioning heavy trucks and other equipment on the roads, and the scattering of earth and debris thereon; and, unless properly planned, regulated and supervised, has an adverse effect upon the public peace, health, safety and general welfare; therefore, any person wishing to change the contours of land by grading, excavating or filling, or desiring to remove 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, shall first, prior to commencing or continuing any such operation, file with the Village Engineer 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.

   (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 what part or parts thereof on which it is desired to conduct grading, excavating, filling or removal operations, shall accompany the application.

   (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; the type and nature of refilling, reseeding or replanting proposed. Such application shall also contain a statement that the applicant and the owner of the land will furnish a performance bond of not more than five hundred dollars ($500.00) per acre, or fraction thereof, included in the permit, if granted, for changing the contours of the land by grading, excavating or filling, or for the removal of topsoil or loam; and not to exceed one thousand dollars ($1,000) per acre, or fraction thereof, included in the permit, if granted, for other removals in accordance with the provisions of this chapter.

   (d)   The name and address of any person who or which, it is contemplated, will do the actual work of grading, excavating, filling or removal. If any such agreement, contract, lease or other arrangement is in writing, a copy thereof must be attached to the application; if such is not in writing, that statement must be made in the application.

   (e)   A storm water pollution prevention plan shall be developed per Chapter 1278.

(Ord. 1987-40. Passed 2-10-88; Ord. 2012-48. Passed 10-17-12.)

   (a)   The application shall be forwarded to the Planning Commission by the Village Engineer, together with a written report by him or her with respect to the statements contained therein and his or her recommendations thereon.

   (b)   Erosion and sediment control plans, notes and details shall be provided in conformance with Chapter 1448 of this Code.

   (c)   After securing all such information as it deems necessary, the Planning Commission, in its discretion, may set the matter down for a public hearing. In such event, it shall mail a notice thereof to the applicant and the owner of the land at the addresses given in the application not less than three days prior to the public hearing, excluding the day of the mailing and including the day of the public hearing. If, after such hearing, the Planning Commission determines that the granting of the application will not adversely affect the public welfare, peace, health, safety and convenience, it shall grant the application with such conditions relating to the method of grading, excavating, filling or removal of the land or area on which the operations are to be conducted, the terms of the permit, the amount of topsoil or loam to be respread on the land, the amount of removal which may be permitted on the land, the refilling, reseeding or replanting of the land, the drainage after removal, and such other conditions, as the Planning Commission may deem necessary for the protection of the public health, safety, peace, convenience and welfare, which conditions shall be made a part of the permit and constitute limitations thereon. In the event no public hearing is held, the Planning Commission shall, within 31 days from the date of submission of the plan, refer the plan with its recommendations to Council.

   (d)   No application shall be granted under this section except upon the concurrence of not less than three members of the Planning Commission, at least one of whom shall be either the member of Council serving on the Planning Commission or the Mayor so serving on the Planning Commission. An application granted by the Planning Commission not in compliance with the requirements of this subsection shall be void.

   (e)   If the Planning Commission denies the application or if the same is not granted in conformity with the provisions of Section 1274.01, the applicant or owner may appeal to Council by following the procedure for appeals as set forth in Section 1262.02 of these Codified Ordinances.

(Ord. 1987-40. Passed 2-10-88; Ord. 2009-21. Passed 11-23-09.)

   (f)   If the Planning Commission denies the application, or if the same is not granted in conformity with the provisions of Section 1274.01, the applicant or owner may appeal to Council by filing a written notice of such appeal with the Village Clerk within 30 days from the date of the mailing of the communication sent by the Planning Commission to the applicant and the owner, as provided in division (d) of this section. The Clerk shall then obtain from the Planning Commission the application, reports, recommendations, documents and minutes, or copies thereof, relating to the application and the action taken thereon by the Planning Commission and submit the same to Council. Council, by majority vote, may act to move upon the application, subject to the limitations and provisions applicable to the Planning Commission.

(Adopting Ordinance)

   (g)   If the application is granted, either by the Planning Commission or by Council, the Village Engineer shall issue a permit containing the restrictions imposed, if any, upon the posting of a bond, running in favor of the Village and conditioned upon the performance of the permit in accordance with its terms, in the amount fixed by the approving body, such bond to be signed by the applicant, the owner and a surety company, or by two good and sufficient sureties satisfactory to the Mayor.

(Ord. 1987-40. Passed 2-10-88.)

   The provisions of this chapter shall not be deemed or construed to apply to any excavation or removal for a basement or foundation for any proposed building for which a building permit has been issued and is in force and effect. However, if such building is not commenced and carried forward, any excavation or removal made preparatory thereto for a basement or foundation shall be filled up and replanted.

(Ord. 1987-40. Passed 2-10-88.)

   (a)   At the time of submission of the written application, the applicant shall deposit with the Village Fiscal Officer an amount of money as determined by the Village Engineer, not less than seven hundred fifty dollars ($750.00), to cover the cost and expense of such investigation as may be necessary to fully review such application and any accompanying maps and report upon the same to the Planning Commission. The cost and expense of such investigation shall be deducted from such deposit. If such expenditure exceeds the deposit, such excess shall be paid into the Village Treasury by the applicant upon request of the Village Fiscal Officer. If such deposit exceeds such expenditure, the balance shall be refunded to the applicant.

   (b)   If the application is granted, the applicant shall reimburse the Treasurer for any expenses incurred in connection with Village supervision or inspection of the operations as outlined in the permit. Statements for such expenses shall be submitted to the permit holder by the Treasurer and shall be subject to payment within thirty days of receipt. Failure to pay such statements shall constitute grounds for revocation of the permit.

   (c)   A final inspection for any permit granted herein shall be performed by the Engineer to ascertain compliance with the terms and conditions of the approval and permit. The cost of such inspection shall be paid out of the applicant's bond provided for in this section.

(Ord. 2000-49. Passed 2-21-01; Ord. 2009-22. Passed 11-23-09.)

   All applications for grading and filling under this chapter, when determined by the Engineer to be minor, desirable and without potential harm to adjacent landowners and the public health, safety and general welfare, shall be permitted by him or her, in writing, subject to such conditions as he or she may require in the public interest. The permittee shall notify the Engineer of the completion of the work, which shall then be inspected by the Engineer. Such applications need only contain so much information as the Engineer may require and need not be referred to the Planning Commission and no bond shall be required. However, the penalty provisions of Section 1274.99 shall apply to any violation of such permit as the Engineer shall issue. The amount of such fee shall be found in Chapter 1428 of these Codified Ordinances.

(Ord. 1987-40. Passed 2-10-88; Ord. 2014-22. Passed 6-18-14.)

   Applications shall be filed with the Building Inspector and permits shall be issued before the creation of any pond. In the event the proposed pond shall involve a change of land contours, then the provisions of this chapter shall be followed, or, if it is a minor project in the opinion of the Municipal Engineer, it shall be governed by Section 1274.05. In no event shall any portion of a proposed pond be permitted within 75 feet of an abutting owner's property line. Permission for the creation of a pond within 75 feet of an abutting owner's property line may be granted only upon a special permit being approved by Council upon such terms and conditions as it may impose after obtaining the written recommendations and report of the Engineer regarding such request.

(Ord. 1987-40. Passed 2-10-88.)

   Whoever changes the contours of land by grading, excavating or filling, or removes topsoil, trees and other vegetation, loam, sand, gravel, rock, stone, clay or other similar substances from land, without first obtaining a permit as required by this chapter, or in violation of the terms of any permit granted as provided herein, or assists in the commission of any such violation, shall, for each and every violation or noncompliance, be guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues after notification thereof.

(Ord. 1987-40. Passed 2-10-88.)