Sec. 24-467. Excavations.
(a) The excavations from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials shall not be construed to be a permitted use in any zoning district established by this chapter unless and until a permit shall first have been secured therefore, except for the following defined extractions and deposits:
(1) Excavations for the foundation or basement of any building or for a swimming pool for which a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which such building permit has been issued;
(2) Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten (10) feet in vertical height, or when less than one thousand (1,000) cubic yards of earth is removed from the premises;
(3) Grading in a subdivision, which has been approved by the Town in accordance with the subdivision ordinance and any amendments thereto; and
(4) Excavations by any public agency or public utility for the installation, operation, inspection, repair, or replacement of any of its facilities.
(b) The Plan Commission shall have the power to grant conditional use permits, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials as set forth herein above.
(c) The zoning administrator shall make such inspections as deemed necessary or as are required by the Plan Commission to ensure that all work is in accordance with the use permit. All inspection services shall be paid for by the applicant in the amount established by ordinance.
(d) The conditions under which a conditional use permit for excavation from or depositing on the earth of said materials, may include, but are not limited to, any requirements deemed necessary to protect the public health, safety, comfort, convenience, or general welfare including insurance against liability arising from production or activities or operations incident thereto; completion of the work and cleaning up and planting in accordance with approved plans, designation of area in which work may be done; designation of the slope to which excavation may be made or the grade of filling; provisions for controlling dust; hours of operations; precautions which must be taken to provide safe traffic movements in and around and by the operation; enclosure by fences of exterior boundaries of property to be used; posted of a good an sufficient bond to assure compliance with the use permit and any other conditions deemed necessary the Plan Commission.