[HISTORY: Adopted by the Township Council of the Township of Verona 8-20-1963 (Ch. 121 of the 1981 Code). Amendments noted where applicable.]
[Amended 6-21-1966]
No person, hereinafter referred to as "applicant" shall excavate or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken without first having procured a permit and permission therefor from the Township Council.
A. 
The Township Council shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the Township Engineer an application, in writing, upon forms approved by the Township Council requesting such permission, together with an engineer's map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises, and the proposed contour lines and the proposed grades shall be subject to the approval of the Township Council.
B. 
The Township Council in considering and reviewing the application and in arriving at its decision shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
(1) 
Soil erosion by water and wind.
(2) 
Drainage.
(3) 
Soil fertility.
(4) 
Lateral support slopes and grades of abutting streets and lands.
(5) 
Land values and uses.
(6) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.
C. 
In the event the Township Council shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety and will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the soil shall be granted. The Township Engineer shall issue a permit when all the requirements of this chapter have been complied with by the applicant.
[Amended 8-17-1981 by Ord. No. 6-81]
Accompanying the application required by this chapter shall be an application fee to be paid by the applicant to the Township in the sum provided for in Chapter A565, Fees.
A. 
If permission to remove the soil shall be granted, the owner or person in charge shall so conduct the operations that there shall be no sharp declivities, pits or depressions, and in such a manner that the area shall be properly leveled off, cleared of debris and graded to conform with the contour lines and grades as approved by the Township Council.
B. 
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted, shall not take away the top layer of arable soil for a depth of six inches, but such a top layer of arable soil to a depth of six inches shall be set aside for retention on the premises and shall be respread over the premises when the rest of the soil has been removed, pursuant to levels and contour lines, approved by the Township Council.
No permit for soil removal shall be granted or issued unless and until the owner or applicant shall file with the Township Council a bond, in form, and with surety acceptable to the Township in such amount as in the opinion of the Township Council shall be sufficient to ensure the faithful performance of the work to be undertaken pursuant to the permission granted by the Township Council pursuant to the provisions of this chapter.
A. 
In the event the Township Council refuse to grant the permit required by this section, the applicant shall be so notified by the Township Clerk, by ordinary mail addressed to the applicant at the address set forth on the application for the permit.
B. 
The applicant, by letter addressed to the Township Council, may, not later than 35 days after mailing of such notice by the Township Clerk, request a hearing before the Township Council to review its refusal to grant a permit. Such hearing shall be at such time and place as the Township Council may designate. The Township Clerk shall notify the applicant of the date, time and place of such hearing, which notice shall be by ordinary mail addressed to the applicant at the address set forth on the application for the permit. Such notice is to be mailed at least 10 days prior to the date set for the hearing.
[Added 8-17-1981 by Ord. No. 6-81; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article II, General Penalty, of the Township Code.