[HISTORY: Adopted by the Board of Trustees of the Village of Spring Valley 12-7-1970 as Ch. 16 of the 1970 Code. Amendments noted where applicable.]
Fees — See Ch. 118.
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 provided herein, and no excavation shall be made and no soil shall be removed except in conformity with the provisions of this chapter.
[Amended 12-20-1977 by L.L. No. 11-1977]
No person shall excavate or otherwise remove any soil for sale or for use other than on the premises from which the soil shall be taken or in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto without first having obtained a permit therefor from the Building Department.
An application for a permit pursuant to this section shall be made on a form to be supplied by the official or body having jurisdiction. The nonrefundable fees set forth in Chapter 118, Fees, shall be submitted by the applicant at the time of filing and application.
The Building Department shall not consider an 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 Village Clerk an application requesting a permit, together with a 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 said proposed contour lines and proposed grade shall be subject to the inspection and approval of said Building Department. No such permit for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by said Building Department.
Before any permit for soil removal shall be granted or issued, the owner or applicant shall file with the Village Clerk a bond in the amount of ten thousand dollars ($10,000.), in form and with surety acceptable to the Building Department and to the Village Attorney, in such amount as in the opinion of said Building Department shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the permission granted by said Building Department pursuant to the provisions of this chapter.
Upon written request for a hearing made by the application to the Building Department, an opportunity to be heard shall be granted within thirty (30) days thereafter to any person applying for a permit hereunder, and said Building Department, in considering and reviewing the application and in arriving at its decision, shall be guided by and shall take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
If, after examining the application and the map provided for in § 223-3 of this chapter and after the hearing, in the event that a hearing is requested by the applicant, the Building Department 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, a permit to remove the soil shall be granted.
If a permit 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 Building Department.
The owner of the premises or the person in charge of the removal of soil, when permission has been duly granted and a permit issued, shall not take away the top layer of arable soil for a depth of six (6) inches, but such top layer of arable soil, to a depth of six (6) 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 Building Department.