It is intended that native topsoil be treated as a natural resource of the Village of Germantown, and that to the extent possible it remain in its native location, it remain stable and protected from erosion, that it remain available for developers and lot owners, and that its transport off site in cases of development and land disturbing activity, be eliminated or minimized.

(1)

The mining of topsoil in the Village of Germantown shall be prohibited, except has hereinafter provided.

(2)

When any land disturbing activity is conducted, topsoil shall be stockpiled on site for eventual redistribution and regrading on the site after completion of the land disturbing activity and/or construction. Stockpiled topsoil shall be protected against erosion and run off in accordance with best management practices.

(3)

Every developed site, parcel, or lot shall have not less than 4 inches of topsoil on all landscaped areas.

(4)

In case of developments, the size, natural site features or topography of which render it infeasible or impractical to redistribute and regrade all native top soil on the site after development, the developer may apply for and be issued a special permit to remove topsoil from the site. Such application must be accompanied by supporting engineering data as shall permit the requisite determination of infeasibility or impracticality. Application for such permit shall be made to the office of the Building Inspector upon forms prescribed for such purpose, and shall be accompanied by such administrative permit fee as shall be established from time to time.

(a)

If redistribution of on-site topsoil should result in a depth in excess of 12 inches the owner or developer may apply for a special exemption permit through the Public Works Committee, said special exemption permit may be granted if the following conditions are met:

1.

Twelve inches of topsoil must be redistributed on all pervious areas of the proposed site not exempt from construction activity.

2.

An as-built must be provided by an outside firm employed by the owner certifying the proper topsoil depth has been achieved.

(5)

The incidental removal of topsoil in the pursuit of a bona fide commercial or agricultural use, such as the commercial harvesting of sod, shall be exempt from the regulations of this ordinance.

(6)

INSPECTION. The Building Inspector shall inspect the site as often as deemed necessary for the enforcement of this section.

(7)

ENFORCEMENT.

(a)

Stop-Work Order. The Building Inspector may post a stop-work order if:

1.

Any topsoil mining activity requiring a permit under this section is undertaken without a permit; or

2.

The topsoil removal plan is not being implemented in a good faith manner; or

3.

The conditions of the permit are not being met.

(b)

Permit Revocation. If, within 10 days of the issuance of a stop-work order, any permittee does not cease the activity or comply with the topsoil removal plan, the Building Inspector may revoke the permit.

(c)

Cease and Desist Order. In the event any person without a permit fails to obey a stop-work order or obtain a permit within 10 days, the Building Inspector may request the Village Attorney to obtain a cease and desist order.

(d)

Special Charge. Ten days after posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of his intent to perform work necessary to comply with this section. The Building Inspector may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Building Inspector shall be billed to the permittee or the landowner. In the event the permittee or landowner fails to pay the amount due, the Village Clerk shall enter the amount due on the tax rolls and collect as a special charge against the property, pursuant to §66.60(16), Wis. Stats.

(8)

APPEALS. Any person aggrieved by the grant or denial of a permit or any order issued by the Building Inspector may appeal to the Board of Zoning Appeals, pursuant to section 17.52 of this chapter.