The Mayor and Board find and determine that the unregulated and uncontrolled
relocation, filling, excavation and removal of soil on a large scale has resulted
in conditions detrimental to the public safety, health and general welfare,
substantially hampering and deterring the efforts of the Village to effectuate
the general purpose of municipal planning.
No person shall excavate or otherwise remove soil for sale or for use
other than on the premises from which the soil is taken, except in connection
with the construction or alteration of a building on such premises, and excavation
or grading incidental thereto, without first obtaining permission therefor
from the Planning Board and a permit issued as required by this chapter.
If permission to remove the soil is granted, the owner of the premises
or the person in charge of the removal of soil shall not take away the top
layer of arable soil for a depth of six inches. Such 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 the levels and contour lines approved by the Planning
Board.
The application shall be signed and sworn to by all the owners of the
premises.
The proposed grades and contour lines, as shown on the map referred to in §
172-4A(2) of this chapter, shall be subject to inspection and approval of the Planning Board. Permission for soil removal shall not be granted by the Planning Board, nor a permit issued, until the map has been filed and until the proposed contour lines and grades have been so approved.
Before any permission for soil removal shall be granted or permit issued
under this chapter, the owner or applicant shall file with the Village a bond,
in form and with surety acceptable to the Village Attorney in such amount
as in the opinion of the Planning Board shall be sufficient to insure the
faithful performance of the work to be undertaken pursuant to the permission
granted by the Planning Board and as required by the provisions of this chapter.
If permission to remove the soil is granted, the owner or person in
charge of the removal of the soil 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 Planning Board.
No excavation shall be made and no soil shall be removed under the provisions
of this chapter unless a permit therefor shall have been first obtained as
required by this chapter, and no excavation shall be made and no soil shall
be removed except in conformity with the provisions of this chapter.
Any person who violates any provisions of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500. A separate offense shall
be deemed committed on each day during or on which a violation occurs or continues.