HomeMy WebLinkAbout0008 LEGAL NOT 1 C E SECTION III -APPLICATION any pit or excavation, away from the
Application for such permit shall be Premises, upon and slang such highways
made in writing, and the applicant or other public ways as the Town Board
LAKEVILLE TOWNSHIP ORDINANCE shall furnish such information as shall be shall order and direct.
NO. 8 required by the Town Board, and among (g) Screen such excavation with suit-
other things, shall state: able trees and landscaping.
"AN ORDINANCE FOR THE ESTAB- {a) True name and address of all par- (h) Use and employ such devices and
LISHb1ENT OF PROCEDURES, RULES ties who have or expect to have a prop- methods necessary to control noise and
AND REGULATIONS PERMITTING EX- rietary interest therein. duet of processing and crushing equip-
CAVATIONS, PITS AND REMOVAL OF (b) Full description of the location of ment.
EARTHLY DEPOSITS IN LAKEVILLE the land where the pit or excavation (i) Ghange, alter or modify any excava-
TOWNSHIP, DAKOTA COUNTY, MIN- is, or is to be made, and where the tion or operations therein deemed by the
NESOTA" impounded waters are, or are to be main-
tained, and also a full description of the Town Board to be unhealthy, dangerous,
location on such land of the Polluted or inimical to the general we]-
The Town Board of the Township of pit, excava- fare of the Township.
Lakeville, Dakota County, Minnesota, dcea [gun or impounded waters. (j) Comply with any requirement which
hereby ordain: (c) Designate the roads, highways, town- may be made by the Town Board and/or
ship and/or county, or other public ways County Engineer of Dakota County as to
SECTION I - DEFINITIONS within the Township limits and Dakota the rebuilding of adjacent Township and
Engineer - is the person or firm deals- County over which any material so re- County roads made necessary by reason
Hated by the Town Board as the Town- moved is to be hauled or carried. of the additional heavy traffic and ~truek
ship Engineer, Consulting Engineer, or (d) Copies of any agreement contem- loads for the hauling of materials from
however designated. plated or erntered into between the owner said. excavation as contemplated herein.
Owner - is any individual, firm, as. of such lands and any. other person fur ~ (k) Take such precautions as are neces-
sociation, syndicate, co-partnership or any the opening, operation or maintenance of sary to keep all roads used in said gravel
other legal entity having sufficient prop- such excavation or removal of earthly hauling operations in a reasonably dust '
rietary interest in the land covered in dhe deposits. free condition, and in the case •of gravel
application. (e) The estimated time when building or surfaced roads, ~to treat such road surfaces
Open Pits or Excavations -shall mean removing will begin or be completed. with proper chemicals as may be neces-
any articifical excavation of the earth, (f) A penal bond in the sum of $5,000.00 sary to comply with the requirements of
within the limits cf Lakeville Township, running to the Township of Lakeville this paragraph.
dug, excavated or made by the removal conditioned upon compliance with the (1) Keep the premises properly scyth-
from the natural surface of the earth of terms and provisions of this Ordinance. ed so as to prevent the growth of noxi-
sod, so[I, sand, gravel, stone or other (g) A permit fee in the sum of $250.00. ous weeds.
matter, creating a depression cr depres- In the event said application for permit
alone, exceeding in any one place 200 SECTION VII -PENALTY
is denied, such fee will be returned to the Any person who shall refuse, neglect
square feet of surface area, the bottom applicant.
or lowest point of which shall be two or fail to comply with any requirement
feet or more below, or lower than, the SECTION IV -FILING OF MAP under the provisions of the foregoing
level of the adjoining unexeavated land ; OR PLAT section or any of the provisions of this
in which depression, pit or excavation The Town Board may require a map Ordinance, as promptly as same can rea-
water may fall, gather, collect and remain or Blat of the proposed pit or excavation, sonably be done, shall be guilty of a vic-
stagnant, putrid or polluted; or which including a topographical map to be made lotion of this Ordinance,. and in addition
depression may be or becomes dangerous and filed with the application, before thereto, the failure to comply with such
from 6he standpoint of public safety or acting on the same, such map among an order, alter notice, and the main-
health, or to children playing therein or other things to show the confines or taining thereafter of a pit, excavation, or
thereby ; or which depression may become limits thereof, together with the pro- container of impounded waters shall be
a public nuisance, cr deteriorate the posed depths of said excavations at the Prima facie evidence of negligence, in
value of adjacent property. Depressions, different parts thereof; a similar map any action by any person thereafter injur-
pit or excavations made for the purpose of or plat showing the ,proposed container ed or damaged as to person or property
the foundation, cellar or basement of for the impounded waters; the location thereby. Violators shall be punished by a
some immediately pending superstruc- on said property of any office build- fine of not more than $100.00 or be
tore to be erected, built or placed there ing(s), garage(s), stone crushing equip- impriaaned in the County Jail not ex-
on contemporane~-usly with, ar immediate- ment, washing equipment, stock piling and ceeding •ninety (90) days. Each day of vio-
ls following such excavating, and cover- loading equipment ; the location of all lotion shall constitute a separate offense
inK or to cover such excavated pit or de- proposed access roads from existing town- and shall be punished accordingly.
pression when completed, are expected, ship and county roads; and such other
if a building permit has been issued. pertinent information as the Town Board SECTION VIII
lmpounded waters -shall mean any wa- deems neceasa~ry. The Town Board may, for failure of
ter kept on public or private property any person to comply with any require-
SECTION V -ANNUAL LICENSE FEE
within said Township in such a manner menu anode of him in writing under
that more than 500 gallana of water are Zn addition to +the permit fee required, the provisions of Section VI, as promptly
above the natural surface of the surround- as specified in Section III (g) herein- as same can reasonably be done, proceed
ins ground. The word "water" or "wa- above, each holder of such permit shall to cause such requirement to be complied
ters" as used in the preceding sentence, apply W the Town Board oY Lakeville for with, and the cost of such work shall
shall be deemed to include any and all a renewal permit annually an or before be taxed against the property whereon
liquid substances. January let, commencing in the same the pft, excavation or impounded waters
year in which the original permit is issu- are situated ; or the Township may at its
SECTION II -PERMIT REQUIRED ed, and pay therefor an annual license option proceed to collect aueh costs by an
No person shall open, operate, exca- fee of $150.00. action against the. person to whom such
vote, enlarge, make, maintain, or allow SECTION VI -CONDITIONS Permit has been issued, and his super.
to be maintained, upon property owned lore, if a bond exists.
cr used by him, any pit or excavation OF PERMIT
for the purpose of removing earthly de- The Town Board, as a prerequisite to SECTION IX - INVALIDITY
posits therefrom, or permitting or main- the granting of a permit, or after such If any part of this Ordinance shall be
toning impounded waters therein unless permit has been granted, may require the held invalid, aueh part shall be deemed
such person shall first 'have applied to applicant to wham such permit issues, or severable and the inva]idi~ty thereof shall
the Tawn Board, in the manner herein- the owner or user of the property on n•ct affect the remaining parts hereof.
after provided, for a permit authorizing which the open pit or excavation or im-
same; provided, however, that pounded waters are located, do SECTION X
(a) Any such excavation now being (a) Comply with a set back from any This Ordinance shall take effect upon
operated and maintained shall have a road or adjoining property line of a its adoption, and publication.
period of one (1) year from and after minimum of 100 feet.
the date of passage hereof within which (b) Slope the banks in a ratio of one The foregoing Ordinance was duly ap--
tu make application for a permit in ac- to one, or less gradual, and otherwise proved and adopted by the Town Board
cordance herewith; and properly guard and keep any pit or exca- of the Township of Lakeville, Dakota
(b) No permit shall be required by any vation in such condition as not tq be den- Gounty, Minnesota, atvts regular meeting
person making any excavation for any pur- serous from caving or sliding banks. When thereof on the 5th day of February,
pose for which he shall have previously gravel •removal operations are permanently 1962.
applied for and obtained an appropriate completed, said banks shall be at least in GEORGE SULLIVAN
building permit. a three to one ratio.
(c) No permit shall be required by any (c) Properly fence any pi;, or excava- Chairman, Town Board
person making any excavation for any tion, as may be required by the Town ATTEST:
purpose who shall have owned the prop- Board.
erty from which aueh excavation shall (d) Properly drain, fill, or level any D. H. TESKE
be made, or is contemplated Ito be made, pit or excavation, after created, so as to
for a period of not less than one year make the same safe and healthful ae the Town Clerk
next preceding the date from which any Town Board shall determine.
earthly deposits are removed therefrom,
provided such owner shall not extract or (e) Keep any pit, excavation, or im-
cause to have extracted more than 10,000 pounded waters within the limits for
yards per year of earthly deposits there- which the particular permit is granted.
from in any given calendar year. (f) Remove excavated material from