§ 66-3. Granting of special exception.

The Board of Appeals may grant a special exception for a limited period of time, not exceeding one (1) year, if it shall find that such excavation or removal will not result in the creation of any sharp declivities, pits or depressions, soil erosion or fertility problems or depressed land values or create any drainage or sewerage problems or other conditions which would impair the use of the property in accordance with the zoning regulations or which would cause any damage to private or public property within the village, and that such excavation or removal will be in harmony with the general purpose and intent of the zoning regulations. An exception shall be granted only upon the following conditions:

A. 

That the premises shall be excavated and graded in conformity with the proposed contour plan, as approved.

B. 

That slopes shall not exceed a ratio of four (4) vertical feet to six (6) horizontal feet.

C. 

That no fixed machinery shall be erected or maintained within three hundred (300) feet of any property or street line, and that no buildings shall be erected on the premises except temporary shelters for machinery and field office.

D. 

That there will be no excavation or removal within fifty (50) feet of any street or property line.

E. 

That there will be no sharp declivities, pits or depressions, and that proper drainage will be provided to avoid stagnant water.

F. 

That after excavation or removal, the premises shall be cleared of debris.

G. 

That the top layer of arable soil, for a depth of six (6) inches, shall be set aside and retained on the premises and shall be respread over the premises, upon completion of the excavation or removal, in accordance with approved contour lines. Trees, shrubs, brush, sod and other flora shall be replaced to the extent and within such time limitation as may be required by the Board of Appeals.

H. 

That the applicant shall file with the Board of Appeals a performance bond, in form and with surety acceptable to the Board, in such amount as the Board shall deem sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of approval.