No person shall strip and remove, or cause or permit the stripping and removal of, any loam or topsoil from any land area located in the City, unless he or she is the holder of or in compliance with a permit to do so issued pursuant to this chapter.

(Ord. 1985-29. Passed 10-14-85.)

   Any person desiring a permit to remove loam or topsoil shall file with the Director of Buildings a written application therefor, which application shall contain the following information:

   (a)   The full name and address of the applicant; if the applicant is a partnership, the name and address of each of the partners thereof; if the applicant is a corporation, the name of its principal officers;

   (b)   A description of the land from which the topsoil is to be stripped and removed, specifying the quantity of land involved;

   (c)   If the applicant is not the owner of the land described, the name and address of the owner and the owner's written consent to the work proposed;

   (d)   The method of stripping and removal to be employed;

   (e)   The time within which the work will be commenced and completed;

   (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 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 of the topsoil;

   (j)   A statement that the applicant will bear the expense of a City inspector during the operation under the permit;

   (k)   A statement 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, or a cash deposit in a maximum amount of twenty-five thousand dollars ($25,000) in lieu of such bond; and

   (l)   Such other information as the Director of Buildings deems necessary.

(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90.)

   The Director of Buildings shall investigate the statements contained in the application required by Section 1193.02 and shall report the application and his or her findings to the Board of Zoning 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 Board determines that the granting of the application will not adversely affect the public welfare, health, safety and convenience, it shall grant the application with such conditions as the Board believes are necessary for the protection of the public interest, health, safety and welfare, relating to the method of stripping and 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), reseeding or replanting, drainage or topography, and such other conditions as the Board sees fit to impose. Any condition imposed by the Board shall be made a part of the permit and constitute limitations thereon.

   If the Board denies an application, the applicant may appeal its decision to Council within thirty days, and Council may, by a vote of five of the seven elected members of Council, act on such application, subject to the limitations set forth in this Zoning Code.

(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90.)

   Upon the granting of the application for the permit, the Director of Buildings shall be instructed to issue the permit containing the conditions imposed upon it, if any, by the Board of Zoning Appeals, and the permit shall be issued to the applicant upon making a cash deposit or, in lieu thereof, posting a bond made payable to the City. The condition of such deposit and bond shall be performance in accordance with the terms of the permit. The bond shall be signed by the applicant and a surety company or two good and sufficient sureties satisfactory to the Mayor. The bond shall be in the amount of five hundred dollars ($500.00) for each acre or fraction thereof of property described under the permit. The cash deposit shall be determined by the Director of Buildings, but shall not be more than twenty-five thousand dollars ($25,000). The bond shall be filed with the Director of Finance. Cash shall be deposited with the Director.

(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90.)