As used in this chapter, the following terms shall have the
meanings indicated:
Any person who directly or through an independent contractor
engages or intends to engage in land subdivision or development or
in the construction of two or more dwelling houses, business or industrial
buildings in any subdivision for the purpose of sale to or occupancy
by another person.
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the city.
To dig, excavate, remove; to deposit; to place and to fill; to grade, regrade, level or otherwise alter or change the location or contour; to transport and to supply (see exclusions as more particularly set forth in Section 140-18).
Any person seized in fee simple of any land or having such
other interest or estate as will permit the exercise of effective
possession, dominion or control.
One or more contiguous parcels of land in single ownership.
Parcels shall not be deemed to be contiguous if separated by a road,
railroad, right-of-way, brook, stream or other natural division.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
irrespective of the presence or absence of organic matter.
Soil that, in its natural state, constitutes the top layer
earth, is composed 2% or more by weight of organic matter and has
the ability to support vegetation.
A.
The unregulated and uncontrolled removal, relocation, filling and
excavation of soil by the owners of property within the city are likely
to result and have resulted in conditions detrimental to the public
health, safety and general welfare of the citizens of the city. The
unregulated and uncontrolled removal, relocation, filling and excavation
of soil in, on or from lands within the boundaries of the city will
create one or more of the following conditions: a serious erosion
by wind and water; inadequate and improper or complete lack of surface
water drainage; a decrease in or destruction of the fertility of the
soil; the removal of lateral support of abutting streets, lands and
premises; the creation of excessive amounts of dust and the deposit
of such dust on adjoining property, particularly buildings, shrubbery
and trees; the deposit on the streets of the city of large quantities
of mud, dirt or dust; the creation of depression which mosquito breeding
places; the creation of depressions and pits dangerous to small children;
the deterioration of adjoining property values, the rendering of lands
unfit or unsuitable for their most appropriate uses; and other conditions
hampering and interfering with the coordinated and harmonious physical
development of the city.
B.
The removal of and stripping of soil, sand, gravel, subsoil, earth,
clay, loam or dirt from areas of the city other than those zoned to
permit mining and similar operations are creating and have created
conditions detrimental to the health and general welfare of the citizens
of the city.
C.
Such operations are for the most part largely of a commercial nature
and are not essential to the development of the property or properties
involved for a sure which is permitted.
D.
Such stripping and removal operations are denuding the areas involved
of all trees, underbrush, natural vegetation and topsoil and are creating
problems of dust and drainage, all of which are detrimental to adjoining
lands as well as to the health of the citizenry.
E.
When peculiar topographic conditions exist in a property, making
it unusable for the purpose for which it is zoned, the removal of
soil, when properly regulated, may inure to the benefit of the city
in the reclamation of the property.
