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LAKEVILLE TOWNSHIP ORDINANCE NO. 7
"AN ORDINANCE PROHIBITING FILLING, EXCAVATING, DIGGING AND GRADING
OF THE EARTH AND THE OPENING OF PITS OR EXCAVATED AREAS WITHOUT
FIRST OBTAINING A PERMIT THEREFOR, PROVIDING FOR THE ISSUANCE OF
PERMITS AND PENALTY FOR VIOLATION THEREOF".
The Town Board of the Township of Lakeville, Minnesota, Dakota County,
Minnesota, does hereby ordain:
SECTION I:
No per son, firm, corporation or association of per sons shall fill, excavate,
dig, or raise ox lower the grade of the surface of the earth nor open any pits or
excavated areas in the earth, if the foregoing has an area of more than 100 square
feet and a depth of more than 1 foot, without first obtaining a permit therefor as
herein provided, except that such a permit shall not be required for such excavat-
ing as is necessary for construction of a building for which a permit has been
and
issued, /excepting the grading or excavation performed for agricultural purposes.
SECTION II:
No person, firm, corporation, or association of persons shall fill, dig,
excavate or grade any portion of a public street or public grounds without first
obtaining a permit therefor as herein provided.
SECTION III:
Any person, firm, corporation or association of persons desiring a permit
for the opening of any excavation of pit or to excavate, fill, dig, or grade the
surface. of the earth, the same having an area of more than 100 square feet and.
depth of more than 1 foot, or to fill, dig, excavate, or grade any portion of a
public street or public grounds, shall make application therefor to the Town Board,
setting out the name of the applicant, the general description of the filling,
excavating or grading to be covered by the permit, the location of the proposed
filling, excavating or grading, the purpose, area, depth and grade of such filling,
excavating, or grading, the estimated quantity of materials to be added to or
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removed from the premises, the route of travel in the township upon which the
hauling will take place, the time that work will begin and the time of anticipated
completion, and such other information the Town Board may require. Each such
application shall. be accompanied by a permit fee of Ten ($10, 00) Dollars,
SECTION N:
Upon receipt of such application, the Town Berard shall examine the same
with the purpose in mind of protecting and preserving the health, safety and
general welfaxe of the inhabitants of the township and may grant or deny such
permit. The Town Board may, either as a prerequisite to the granting of such
a permit, or as a cpndition to the granting of a permit, require the applicant
to do any act or not to do any act which it may deem reasonably necessary for
the protection of the health, safety or general welfare of the public or for the
protection of property,
SECTION y:
The Town Board may require the filing of a surety bond or cash deposit
with the township conditioned to pay the township any expense the township may
have by reason of such filling, excavating, or grading.
SECTION VI:
Any person who shall fill, excavate, or grade any portion of any street
or public grounds, shall restore the same to substantially the same as existed
prior to the filling, excavating, or grading and shall maintain said ~~+ea for a
period of 1 year after such substantial restoration, all without expense to the
township,
SECTION VII:
.piny person who, having obtained a permit, shall fail to comply with any
of the conditions upon which the same is issued or fails to complete the filling,
excavating or grading in the time prescribed in the application or permit, or who
fails to act in accordance with the work authorized by the permits shall be guilty
of violating this ordinance.
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SECTION VIII:
The Town. Board does hereby reserve the right to revoke any such permit
and upon the Town Board ordering the filling, excavating ox grading to be dis-
continued, the continuance of such work shall be a violation of this Ordinance and if
the Town Board shall order any positive act to be done to conform the work being
done with that authorized by the permit, the same shall be completed before any
further filling, excavating or grading is done and within 10 days after mailing of
a notice to do said acts to the persons to whom the permit was issued.
SECTION IX:
Any person, firm, cprporation or association of persons who shall
violate any of the provisions of this Ordinance shall be punished by a fine of not
to exceed One Hundred ($1U0.00) Dollars or be imprisoned in the County Jail for
not to exceed ninety days. Each ten (10) days of violation shall constitute a separate
offense and be punishable as such,
ARTICI4E X:
Any provision of this Ordinance shall be severable from any other part
or provision thereof, and if one or more pravisions are held invalid by the court
such invalidity shall not affect any othex part or provision thereof.
SECTION XI:
This Ordinance shall be in full force and effect from and. after its passage
and publication. ,
Passed by the Town Board of Lakeville Township, Dakota County, Minnesota,
this r~ day of February, 1962.
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Ghaix_, an, Town Board
ATTEST:
Town ,clerk
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