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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)