It shall be unlawful for any person, firm, or corporation to borrow any excavated earth material from one property in the corporate limits of the Village and move it to another property without first obtaining the following:

1. A special use permit for the location of the borrow pit. A special use permit shall be subject to all other requirements of the Morton Zoning Code regarding special uses and any other requirements of this Chapter that may apply.
2. A permit from the Director of Public Works (DPW).
   

The provisions of this Chapter shall not apply to any excavations wherein less than one thousand five hundred (1,500) cubic yards of earth are moved.

The borrow pit permit shall not relieve the permittee of responsibility for securing other permits or approvals required for work which is regulated by any other department or other public agency or for obtaining any easements or authorization for removing or transporting earth materials on property not owned by the permittee. Where any submittal provision, standard, or surety is substantially addressed by another permit, the DPW may waive said requirement.

Neither issuance of a permit under the provisions of this Chapter nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve the applicant from responsibility for damage to any person or property or impose any liability upon the Village for damage to any person or persons.

An applicant desiring a borrow pit permit shall do the following:

1. Request a special use permit.
2. Submit an application with the DPW. Said application must be submitted at least forty five (45) days prior to the proposed public hearing
   

The DPW shall approve, conditionally approve, or deny the application within twenty five (25) days after receipt of a completed application. An application shall be approved if it is complete in form, has all required information, and meets all applicable standards established in this Chapter. Otherwise, it shall be denied. Any approval or denial shall be in writing with the reasons for denial specifically identified. Annotations on the site plan shall be considered sufficient detail of the reasons for denial. In the event the DPW denies the application, then the special use hearing shall automatically be continued until the following month in order that the applicant may have the matter reconsidered prior to said hearing. It is expressly understood that no special use public hearing shall be held unless the DPW has otherwise approved the application.

If an application is denied or conditionally approved, the applicant may request in writing, within ten (10) days after the decision, a reconsideration of the decision by the DPW. The request for reconsideration shall state specific reasons or changes for the reconsideration. The DPW shall act upon the request for reconsideration within fourteen (14) days of its receipt. Failure to act shall be constituted as denial of the request for reconsideration.

The DPW has on file a set of specifications that shall apply to borrow pits.

As a condition for the issuance of a borrow pit permit, the DPW shall require an improvement security in an amount considered by him to assure performance of the erosion and sediment control work, or the cost of removing the work, or otherwise reconstructing or restoring the site in the event of default on the part of the permittee. The amount of the security should be the cost of the work plus a ten percent (10%) contingency. Said security shall be in the form of cash escrow, a letter of credit, or performance bond, in a form acceptable to the Village. The improvement security shall remain in effect until final inspections have been made and all grading work has been accepted by the DPW. At the discretion of the DPW, any or all of the security may be retained for a period of one year to warrant the work.

Any letter of credit, performance bond, or deposit required pursuant to this Section shall be payable to the Village.

Upon satisfaction of applicable provisions of this Section, the improvement and maintenance securities will be released. However, upon failure to complete the work, failure to comply with all of the terms of the permit, or failure of the erosion and sediment control measures to function properly, the Village may do the required work or cause it to be done and collect from the permittee or surety all costs incurred, including administrative and inspection costs. Any unused portion of a deposit or bond shall be refunded to the permittee after deduction by the Village of the cost of the work.

The DPW may suspend or revoke a permit for violation of this Chapter, violation of the permit approval, or misrepresentations by permit holder, his agents, employees, or independent contractors under contract with the permittee.

The Village Attorney has the authority to petition a court of competent jurisdiction for the issuance of a temporary restraining order, preliminary injunction, permanent injunction, or combination thereof, as may be appropriate, requiring any person not complying with this Chapter to comply therewith, cease operation, or authorize Village personnel to enter the property and remove or correct the hazardous or unsafe conditions.

Whenever necessary to enforce the provisions of this Chapter, the DPW can enter the premises at all reasonable times to perform any duty imposed by this Chapter. If such entry is refused, the DPW shall have recourse to every remedy provided by law to secure entry.

Whenever any work is being done contrary to the provisions of this Chapter or any other applicable law, rule, or regulation, the DPW can order the work stopped by serving written notice on any persons engaged in doing or causing such work to be done. Any such person shall forthwith stop such work until authorized by the DPW to proceed with the work. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation.

1. Setback requirements for any borrow pit shall be one hundred fifty feet (150’) from any property line or right of way line to the edge of excavation. Pursuant to any special use procedure, said setback requirements may be greater.
2. The applicant will also have to provide any fencing, screening, or other requirements as may be imposed regarding the issuance of a special use permit.
   

Any person or entity which violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this Chapter shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (amd. Ord. 99-37, 12-6-99)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Chapter or Ordinance or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstance, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or Ordinance or any part thereof. It is hereby declared to be the legislative intent of the Board of Trustees that this Chapter and Ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included. (Ord. 86-23, 4-20-87)