[HISTORY: Adopted by the Mayor and Council of the Town of
Elsmere 12-9-2010 by Ord. No. 516. Amendments noted where applicable.]
No person shall excavate or regrade any property, public or
private, within the Town of Elsmere without first obtaining a permit
as provided herein.
For the purposes of this chapter, the following terms shall
be defined as follows:
The removal of more than six cubic yards of any natural material,
including earth, black dirt, peat, sand, rock, gravel, or sod from
any property.
The redistribution of more than six cubic yards upon the
same lot of any natural materials including earth, black dirt, peat,
sand, rock, gravel, or sod.
A.
Any person desiring a license or permit shall make application to
the Code Enforcement Department on forms provided by the Department,
such application to contain at a minimum the following:
(1)
The name and address of the applicant.
(2)
The address and legal description (Property Tax Identification Number)
of the place where such excavation or removal is to take place.
(3)
The kind and quantity of material to be removed, the depth to which
it is to be excavated, and the condition in which the property is
to be left after removal of such materials.
B.
Each application for permit shall be accompanied by a plan showing
the following.
C.
Prior to the issuance of a permit, the applicant shall pay the actual
cost incurred by the Town for all engineering, professional reviews
and legal expenses incurred by the Town to process and consider the
application.
D.
Upon receipt, an application shall be forwarded to the Town Engineer
who shall review the application and prepare a report to be submitted
to the Code Enforcement Department. The Engineer's report shall
discuss the effect upon the land as to drainage, future use, possible
effect upon adjoining properties, compliance with codes and any other
data related to these factors.
E.
Once the Engineer's report has been received, the application,
together with the Engineer's report, shall be reviewed by the
Code Enforcement Department personnel who shall grant or deny the
permit. If the Code Enforcement Department finds that granting the
application would not adversely affect surrounding properties, a permit
may be granted.
F.
If granted, the permit shall specify the nature and extent of the
excavation or regrading and prescribe conditions for carrying on such
work.
This chapter is intended to cover the excavation and regrading
of natural materials from lands but shall not apply to lands located
within the floodplain, basement excavation or other excavation or
earth removal activities which are already covered by the building
or other codes.
