Chapter 751: Topsoil Removal


Cross references

  • Dropping or leaking loads; tracking mud - see TRAF. 339.08
  • Notice to fill lots - see GEN. OFF. 517.04

751.01   Removal in residence areas; restoration

No person shall remove topsoil, loam, sand, gravel, rock, stone, clay or other similar substance from land located in any area or place zoned for residence use only within the Municipality. However, this prohibition does not apply to excavation or removal of material for a basement or foundation for any proposed building for which a building permit has been issued and is in force and effect. 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, and any soil or material excavated for such basement or foundation shall not be left piled or stored on the premises more than three months after such excavation, unless properly graded to an approved grade.
(Ord. 1956-381. Passed 8-13-56.)

751.02   Issuance of permit

The Building Inspector (i.e. the Chief Administrative Officer) may issue a permit to remove topsoil and substances enumerated in Section 751.01 if he finds that all of the conditions of this chapter will be or have been complied with and if he finds that no nuisance or hazard to person or property will be created by such operation.
(Ord. 1956-381. Passed 8-13-56.)

751.03   Application for permit; fee

Any person desiring to remove topsoil, loam, sand, gravel, rock, stone, clay or other similar substance from any area not zoned exclusively for residence use shall first make application to and obtain a permit from the Building Inspector. Such application shall be in writing, giving the name and address of the applicant and the owner of the property involved, a description of the property, the method of removal to be employed, the time within which such work is to be commenced and completed, the depth to which it is proposed that the material be removed and the steps to be taken toward restoration and ultimate use of the land. The applicant for such permit shall deposit with the Building Inspector as the cost of such permit and necessary inspections by the Inspector, an amount equal to twenty-five dollars ($25.00) for each acre-foot of soil or material to be removed.
(Ord. 1956-381. Passed 8-13-56; Ord. 1990-79. Passed 10-8-90.)

751.04   Bond required

Before issuing a permit to remove soil, the applicant shall post a bond in the amount of one thousand dollars ($1,000) in favor of the Municipality, conditioned upon the performance of the work authorized by the permit in accordance with this chapter and the terms of such permit, signed by the applicant and a good and satisfactory corporate surety.
(Ord. 1956-381. Passed 8-13-56.)

751.05   Natural drainage altered; regrading; reseeding

No such removal of soil or other substances will be permitted if such removal would change or alter the natural drainage from the land affected or result in the collection of stagnant water. Within six months from the completion of such operation, the area affected shall be regraded to contours and grades as natural and level as possible, so as to remove all abrupt breaks or banks, piles or mounds in the topography, and the affected area shall be reseeded at the applicant’s expense with rye grass or its equivalent at the rate of twenty-five pounds per acre, or sweet clover or its equivalent at the rate of twelve pounds per acre.
(Ord. 1956-381. Passed 8-13-56.)

751.06   Hours for work; leaking loads

No person shall make any unnecessary or unseemly noise in the performance of any construction or demolition activity or in the operation of any mechanical, electrical, pneumatically, hydraulically powered or battery operated apparatus used in connection with any construction or demolition activity between the hours of 7:00 p.m. and 7:00 a.m. from Monday to Saturday, inclusive. No such activity or operation shall be performed on Sundays or holidays. Trucks or other vehicles shall not be so loaded with topsoil or other materials as to result in or cause spilling of soil or materials on the streets.
(Ord. 2008-53. Passed 2-9-09.)

751.99   Penalty

Whoever violates any of the provisions of this chapter shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six months, or both. Each day such violation continues shall constitute a separate offense.