§ 26-37. Application.

An application for the issuance of a soil moving permit shall be filed with the building inspector in duplicate. In those instances where there will only be one operator moving, removing, excavating, mining or dumping soil, application for a soil moving permit may be made by the operator on behalf of the landowner or person owning the mineral rights in the soil or, in the alternative, by the landowner or the person owning the mineral rights in the soil. Where more than one operator will be moving, removing, excavating, mining or dumping in connection with a project, then application for a soil moving permit shall be made by the landowner or person owning the mineral rights in the soil. In all cases all operators and the landowner or person owning the mineral rights in the soil shall be responsible for and comply with all the terms and provisions of this chapter. An application for a soil moving permit shall set forth the following information and be accompanied by the following data:

(1)

Identification. Full identification of the applicant and all persons to be directly or indirectly interested in the permit if granted.

(2)

Address. The business address of the applicant.

(3)

Physical and legal description. A complete physical and legal description, including street address of the location, where applicable, of the land to which the permit is to apply. The legal description shall be certified by a registered civil engineer or land surveyor. Upon the request of the applicant, all or part of the requirements contained in this subsection may be waived by the building inspector at the time the application is filed with the building inspector; provided, however, that such waiver shall not preclude the planning commission from requiring at a later time that the information required by this subsection be provided to the township prior to action on the application for a permit.

(4)

Topographic map. A topographic map, certified by a registered civil engineer or land surveyor and prepared with two-foot contours, covering the land upon which the project is to take place and 300 feet, as far as may be possible, outside the exterior boundary of such land. Upon the request of the applicant, all or part of the requirements contained in this subsection may be waived by the building inspector at the time the application is filed with the building inspector; provided, however, that such waiver shall not preclude the planning commission from requiring at a later time, that the information required by this subsection be provided the township prior to action on the application for a permit.

(5)

Nature of project. The exact nature of the proposed project, the type of soil to be moved, removed, excavated, mined or dumped and an estimate of the approximate number of cubic yards of soil involved. The number of cubic yards shall be certified by a registered civil engineer or land surveyor. The applicant shall further describe in detail, by maps or otherwise, the contour and condition of the land as he proposes to leave it upon completion of the project. This shall include a description of any landscaping to be done or other stabilization control to be employed to leave the land in a reasonably level and usable condition, and to prevent erosion, dust and other nuisance conditions. Upon the request of the applicant, all or part of the requirements contained in this subsection may be waived by the building inspector at the time the application is filed with the building inspector; provided, however, that such waiver shall not preclude the planning commission from requiring at a later time, that the information required by this subsection be provided to the township prior to action on the application for a permit.

(6)

Manner and equipment to be employed. A statement of the manner in which the project work is to be completed and the kind of equipment proposed to be employed.

(7)

Proposed route. The proposed route which the applicant proposes to use over the public streets and over private property in transporting the soil.

(8)

Past experience. The past experience of the applicant in the matter to which the permit appertains and the name, address and past experience of the person to be in charge of the project.

(9)

Previous revoked or suspended permits. Whether or not any similar permit or application has ever been revoked and/or suspended and, if so, the circumstances of such revocation or suspension.

(10)

Commencement and completion. The time within which the project is to be commenced after the granting of the permit and the time when it is to be completed.

(11)

Control of noise, dust and traffic. The measures that will be taken by applicant to control noise, vibration, dust and traffic.

(12)

Traffic control devices. A description of any traffic control devices, public facilities or public services which will be required for the proposed operations, and a statement as to how and by whom the applicant proposes that the costs of such devices, facilities or services will be paid.

(13)

Measures to ensure public safety. Any measures which the applicant proposes to take to ensure public safety, the exclusion of children from the land and the lateral support of surrounding land, buildings, structures or other improvements.

(14)

Other required information. Such further information as the planning commission may reasonably require.

(Comp. Ords. 1987, § 35.106; Code 1991, § 11-22; Ord. No. 258, § 1, 9-3-1992)