HomeMy WebLinkAboutCity Council Ordinance 1959-13r1>L AGR OF PLTUOVTH
C�DIifJ NCE 110.59-13
CKAPTER 1,
As Osdimsese ltagulating the Ex-
cavawkm Removal ns it mqp
Of illaci. Mss. Dist. Gravel.
Clay ae 02b r Like Mabww
TfiMh as Vlilaoo of P4=outL
The Village Council of the Vii-
lege of Plymouth ordains:
Sacrsnx L It shall be unlaw-
ful for any person, firm or corp-
aration to remove, store or ex-
cavate rock, sand. dirt, gravel,
clay or other like material within
the Village of Plymouth without
Abri having applied for and hav-
ing obtained a permit therefor
from the Village Council.
SW=w 2. This Ordinance shall
not apply to:
a. The escavatlaa, removal or
storage of rock, sand, dirt, gravel,
clay or other like material for
the Purpose of the foundation,
cellar or basement of some imme-
diately pis superstructure to
be erected, built, or placed there-
on iimmediately�folloy with,
exca-
vation, removal or aton4M pro-
vkUns a building permit has been
b. Such escavatjoza, removal
or storaP of rock, sa4 dirt,
gravel, clay or other like mater-
ial as may be required by the
State, County or Village authori-
ties in connection with the con-
struction or maintenance of roads
and highways.
Sacrsox 3. The application for
the permit required in Section 1
hereof shall be made in writing
to the Village Council on such
form as the Council may from
time to time desiSnate, and shall
include .such information as may
be required by the Council and
shall contain, among other
AL The correct legal descrip-
tion of the premises where the
excavation, removal or storage of
rock, sand, dirt, gravel, clay or
other like material shall or does
occur.
b. The name and address of
the applicant and owner of the
land.
c. The purpose of the removal,
storage or excavation.
d. The estimated time required
to complete the removal, storage
or excavation.
e. The highways, streets or
or other public ways within the
Village upon and along which
the material excavated or re-
moved shall be transported.
L A map or plat of the pro-
posed pit or excavation to be
made showing the confines or
limits thereof together with the
proposed finished elevations
based on sea level readings.
SzCMN 4. Ruch application
shall be filed with the Village
Clerk for presentation to the Vil-
lage Council. A fee of $25.00 shall
accompany each application, to
be returned to the applicant if
the permit is refused.
SicL=ox 5. The Village Council,
as a pre -requisite to the granting
of a permit, or after a permit has
been granted, may require the
applicant or the owner of the
premises to:
a. Properly fence any pit or
excavation.
b. Slope the banks, and other-
wise guard and keep any pit or
excavation in such condition so
not to be dangerous because of
sliding or caving banks.
c. Properly drain, fill or level
off any pit or excavation so as to
make the same safe and healthful
as the Council may determine.
d. Reimburse the Village for
the cost of periodic inspections by
the Village engineer, or other
Village employee, for the pur-
pose of seeing that the terms
under which the permit has bees
Issued are being complied with.
e. Post a surety bond, in such
form and sum as the Council may
require, running to the Village,
conditioned to pay the 'Village the
cost and expense of repairing 4
any highways, streets, or other
public ways within the Village
made necessary by the special
burden resulting from hauling
and transporting thereon by the
applicant in the removal or rock,
sand, dirt, gravel clay or other
like maerial, the amount of such
cost to be determined by the Vil-
lage Council; and conditioned
further to comply with all the
requirements of this Ordinance
and the particular permit, and to
save the Village free and harm-
less from any and all suits or
claims for damages resulting
from the negligent excavation,
removal or storage of rock, sand,
dirt, gravel, clay or other like
material within the Village.
L And such other require-
ments as the Council shall from
time to time deem proper and ne-
cessary for the protection of the
citizens and the general welfare.
Sactzox 6. Any person, firm or
corporation that &hall refuse, ne-
glect or fail to comply with any
requirement made of him or it
under the provisions of Section
5 hereof, as promptly as same can
be reasonably done, shall be guil-
ty of a violation of this Ordinance
and the Council may revoke the
permit issued, and in addition to
other penalties prescribed herein,
the failure to comply with such
requirement, after notice and
the continuing excavation, remo-
val or storage of reek, sand, gra-
vel, dirt, clay or other like me-
terial on the pro mim shall be
prima facie evidence of a public
nuisance and may be abated by
court action.
Szcrtom 7. Any person, firm or
corporation that shall violate my
of the provisions of this Ordin-
ance shall be guilty of a misde-
meanor and, upon conviction
thereof, shall be punished by a
fine of not more than $100.00 or
by imprisonment for not to ex-
ceed 90 days for each offense.
Each day that the violation shall
continue shall constitute a separ-
ate offense.
Szerzon li. U any section or
portion of this Ordinance shall
be declared invalid by a Court of
competent jurisdiction, the re-
maining sections or portions shall
be and shall remain in full farce
and effect.
Szcrton 9. This Ordinance
shall take effect and be in force
from and after its adoption and
publication according to law.
Adopted this 19th day of May,
1959.
Howard C. Anderson, Mayor
Attest:
H. T. Johnson, Clerk
(5-28-59)