Chapter 17.124


17.124.010    Procedure for application.

17.124.020    Action on applications.

17.124.030    Removal operation requirements.

17.124.010 Procedure for application.

A.    Permit. Top soil may not be removed from any district in which it is made a permitted use by this chapter until a permit for this purpose shall have been granted by the plan commission, subject to Section 17.08.060(D). Such permit shall be for not to exceed two years and may be renewed thereafter for periods of one year upon application to the plan commission.

B.    Application. Application for a permit to remove top soil shall be accompanied by the following:

1.    A fee of one hundred dollars ($100.00) for each of the first five acres and fifty dollars ($50.00) for each additional acre of land included in the proposed top soil removal operation;

2.    A detailed description of all phases of the contemplated operation with specific identification of the equipment to be used and the methods for controlling dust and noise;

3.    A legal description of the proposed site with a map showing its location together with existing and proposed private access roads and public highways over which the top soil and possible fill will be trucked;

4.    A topographical map with a minimum contour interval of one foot extending beyond the site to the nearest public street and to a distance of two hundred (200) feet beyond the lot lines of the property in all directions;

5.    A plan showing drainage during the removal of the top soil and a plan for the restoration of the site, showing the contour, drainage, nature of the fill, if any, and the type of vegetation, if any, expected to grow on the proposed site. (Prior code § 17.22(1))

17.124.020 Action on applications.

A.    Referral to Plan Commission. The application shall be referred to the plan commission for a public hearing within thirty (30) days of which the plan commission shall make its decision on the application in writing.

B.    Public Hearing. A public hearing will be held within thirty (30) days of the date of filing the application. Notices of the hearing shall be sent by mail to the address appearing on the tax roll of the owners of all property which abuts the property lines of the proposed site and such notice shall be delivered at least ten days prior to the date of the hearing.

C.    Basis for Decision. The plan commission shall make its decision after consideration of the effect of the proposed operation and restoration upon the public health, safety and welfare, including those discretionary and mandatory factors listed in Section 17.124.030. The plan commission may, within reasonable limits, require the applicant to vary his proposed plan and method of operation so as to protect the public interest. (Amended during 1/21/16 update; prior code § 17.22(2))

17.124.030 Removal operation requirements.

A.    Mandatory Requirements. No top soil removal operation may be conducted within one hundred (100) feet of a boundary of a residential district or residential structure existing in a business or office and limited industrial district, except with the written consent, duly filed with the plan commission, of such abutting landowners or owners of such structure. If the site is to be filled for later use, it shall be filled with substantial material to a height which will be at least two feet above the flood plain and three feet above the water level. No excavated site shall be permitted which would be reasonably likely to collect stagnant water, whether polluted or unpolluted. The applicant shall provide in the form of an enforceable agreement a plan for controlling of dust during the top soil removal and the beautification of the site during operations and immediately after their completion so that the contour of the land and nature of the growth thereon will be at least as attractive and harmonious with the surrounding neighborhood as prior to the commencement of top soil removal. The beautification requirement may be waived where the plan demonstrates in enforceable form satisfactory to the city attorney that the area will be immediately developed and landscaped in connection with a new use of land following the end of top soil removal. Such plan shall be accompanied by a bond of a licensed surety company or a certified check in an amount deemed by the city engineer to be sufficient to secure the performance of the agreement for the beautification of the site. All machinery, rubble stockpiles and the like shall be removed before the bond or deposit shall be returned to the permittee.

B.    Discretionary Requirements. The plan commission may require fencing or other suitable barriers or the planting of trees and shrubs and other appropriate landscaping in order to screen the operation from the public right-of-way or any residential development. The plan commission may require the making of deed restrictions regarding the future use of the land as security for any representations to that effect made by the applicant. (Prior code § 17.22(3))