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HomeMy WebLinkAbout0013 • the location on such land of the (j) To dispose of immediately by LEGAL NOTICE Pit, excavation or fill. burying to a depth of not less than 24 (c) The roads or highways within inches or removing all trees, stumps the Town limits over which it is an- and debris in the excavation area. ticipated material is to normally be (k) Upon termination of the exca- LAKEVILLE ORDINANCE NO. 13 hauled or carried to or from the pit, vation operations, bury to a depth of AN ORDINANCE PROHIBITING excavation or fill. not less than 24 inches all rocks in or FILLING, EXCAVATING, DIGGING (d) The estimated time when fill- about the excavation which are 1 foot AND GRADING OF THE EARTH ing or removing will begin and be in diameter or larger in size. AND THE OPENING OF PITS OR completed. (1) Limit the depth of removal EXCAVATED AREAS WITHOUT (e) The anticipated future use and of materials to center line grade of FIRST OBTAINING A PERMIT development of the area together with the road servicing the area, or the THEREFORE PROVIDING FOR THE any available plats or maps showing center line grade as determined by ISSUANCE OF PERMITS AND PEN- such anticipated use and develop- the Town Engineer by projection. ALTIE5 FOR VIOLATION THERE- ment. (m) Comply with all road limit re- OE Section V. Filing of Map or Plat and quirements on Town roads as posted Layout. by the Town Board or its representa- The Board of Supex•visors of the The Town Berard shall require a tives. Town of Lakeville Ordains: topographical map of the proposed (n) Post adequate "truck hauling" Section I. Permits Required. excavation pit or fill to be made v'arning signs along public streets or No person, firm, corporation or and filed with the application before roads servicing the area. (o) Furnish a permit bond or cash association of persons shall fill, exca- acting on the same. Such map among deposit in such sum as the Town vote, dig or x•aise or lower the grade other things should show the confines Board may require indemnifying the of the surface of the earth nor open ox• limits thereof together with pro- Town Board conditioned on compli- ant' pits ox• excavated areas in the posed depths of said excavation and ante with their terms and provisions earth if the foregoing has an area the different parts thereof, the lots- of this Ordinance and the conditions of more than 100 square feet or a tion on said property of any exist- of any permit issued pursuant there- depth of more than 1 foot without ing or anticipated office buildings, to. first obtaining a permit as herein garages, stone crushing equipment, provided except that: washing equipment, or stock piling Section VII. Variances. (a) Any such excavation now be- and loading equipment; the location. Where the Town Board finds that ing lawfully operated and maintain- of all access roads from existing hardships may result from strict corn- ed shall have a period of one year Town and County Roads and such pliance with these regulations or that from and after the date of passage other pertinent information as the unusual topographical conditions ex- hereof within which to make an ap- Town Board deems necessary. ist, it may vary these regulations so plication for a permit in accordance The applicant shall also submit that substantial justice may be done herewith. with his application a layout show- and the public interest secured, pro- (b) No permit shall be required of ing the planned set backs, slopes, vided that such variation will not anyone making any excavation or scx•eening and grade. have the effect of nullifying the in- grading for any purpose for which Section VI Conditions of Permit. tent and purpose of this Ordinance. he shall have previously applied for Upon receipt of an application for Section VIII. Penalty. and obtained an a. Dropriate building a permit, a public hearing shall be Any person who shall refuse, neg- pex•mit. held. The Town Board shall examine lect or fail to comply with any x•e- (c) No permit shall be x•equired of she same with the purpose of pro- quirement under the provisions of Sec- anycne filling for any purpose for tecting and preserving the health, safe- tion VI or any of the provisions of which he shall have previously ap- ty and genera] welfare of the inhab- this Ordinance, as promptly as the plied for and obtained a dump per- itants of the Town. The Town Board same can x•easonably be done, shall mit. as a px•ex•equisite of a permit, or af- be guilty of a violation of this Ordi- (d) No pex•mit shall be required of ter such permit has been granted, nonce, and in addition thereto, the anyone making any excavation or grad- shall require the applicant to whom failure to comply with such an order, ing for any purpose for which he such permit issues, or the owner or after notice, and the maintaining shall have applied for and obtained user of the property on which the open thereafter cf a pit, excavation or fill a sewage disposal system permit. pit, excavation or fill in, or is to be shall be px•im facie evidence of negli- (e) No permit shall be required in, located to: Bence, in any action by a person of a pex•son constructing or main- thereafter injured or damaged as to taining a road ox• highway. (a) Comply with a set back from the person or property by a fine of not (f) No permit shall be required from canter of any road of a minimum of more than $100.00 or be imprisoned any person or persons making exca- 100 feet and from any adjoining in the County Jail for not more than vations for agriculture purposes. property line of a minimum of 100 ninety (90) days. Each 2 days of vio- (g) No permit shall be required feet, px•cvided, however, that the Town lotion shall constitute a separate of- of anyone making any excavation or Board may vary the minimum re- fense and shall be punished accord- filling or grading land in accordance quix•ements to greater or lesser dis- with a plan approved by the Town tances when conditions warrant. ingly. Board in connection with the approv- (b) Slope the banks in a ratio of Section IX. Enforcement. al of plat under the Subdivision Ordi- one to one, or less gradual, and other- The Town Board may, for failux•e nonce No. 11. wise properly guard and keep any of any person to comply with any Section II. Yermtt Feea. Pit or excavation or fill in such con- requirements made of him in writing A pex•mit fee in the sum of $250.00 dition as not to be dangerous from under the provisions of Section VI, a; in the form of a certified check or caving or sliding banks, and when promptly as the same can x•eason- cash shall be submitted with an ap- filling or removal operations are tom- ably be done, proceed to cause such plication for a permit; provided, how- Pleted permanently, slope the banks x•equix•ement to be complied with, and ever, that in the case of minor exca- at lease in a four horizontal to one the cost of such work shall be taxed vations or fillings, to-wit: where the vertical ratio. against the property whereon the pit, earthly deposits removed from ox• fill- (e) Properly fence any pit or ex- excavation or fill is situated; ar the ed in do not exceed 10,000 cubic yards cavation as x•equired . by the Town Town may at its option proceed to per year, in any given calendax• Board. collect such costs by an action against yeax•, the permit fees shall be only (d) Properly dx•ain, fill or level any the person to whom such permit has $10.00. In the event application fox• Pit or excavation, after termination been issued, and his superiors, if a a pex•mit shall be denied, the permit of the operation, so as to make bond or cash deposit exists. fee will be retux•ned to the applicant the same, safe and healthful in such Secticn X. Invalidity. manner as the Town Board shall deter- less any expenses incurred by the mine, and during the operation shall If any part of this Ordinance shall Town in investigating said application. see that the stox•m and surface wa- be held invalid, such part shall be Section III. Annual License Fee, ters cast into any pit or excavation deemed severable and the invalidity Each holder of a permit under the do not become a nuisance. thereof shall not effect the remaining terms of this Ordinance, except hold- (e) Keep any pit, excavation or fill pax•ts hex•eof. era of permits issued fox• minox• ex- within the limits for which the parti- Section XI. cavations or fillings, shall apply to the cular permit xs granted. This Ordinance shall take effect Town Board for a renewal permit an- (f) Screen such excavation, pit or upon its adoption and publication. nually on or before January 1st, and fill with suitable trees and landscap- pay therefore an annual license fee of ing- $250.00. (g) Use such devices and methods Adopted this 7th day of June, 1965. as are practicable to control noise Section IV. Application for Permit. and dust at all times within the op- Applicatian for a permit shall be crating area. BOARD OF SUPERVISORS made in writing and the applicant (b) Take such precautions as are shall furnish such information as shall -necessary to keep all public roads TOWN OF LAKEVILLE be required by the Town Board and regularly used in hauling operations among other things, state: in a reasonably dust free condition By: /s/ HENRY LAU (a) The true name and address of and in the case of gravel surfaced all parties who have, or expect to roads, to treat such road surfaces ATTEST have, a proprietary interest therein. with proper chemicals as may be (b) The full legal descriptiaxi of the necessary to comply with the require- /s/ RUSSELL L. STREEFLAND, location of the land where the pit, ments of this paragraph. fill or exeavaticrn is, or is to be made, (i) Cut all weeds about the prem- Clerk and also a full legal description of ises.