As used in this chapter, the following terms shall have the meanings indicated:
DEVELOPER
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.
EXCAVATOR
Any person engaged in the moving, removal or excavation of soil or topsoil from, in or upon any land in the city.
MOVE
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).
OWNER
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.
PREMISES
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.
SOIL
Any earth, sand, clay, loam, gravel, humus, rock or dirt, irrespective of the presence or absence of organic matter.
TOPSOIL
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.