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HomeMy WebLinkAboutORD 69-64ORDINANCE NO. 6 L7 - ENTITLED ENTITLED AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY ADDING A SECTION TO BE NUMBERED 16-28 PRO- HIBITING THE REMOVAL OF SOIL OR DIRT FROM BELOW GROUND WITHOUT FIRST OBTAINING A PERMIT; DE- FINING TERMS; PROVIDING EXCEPTIONS; PROVIDING FOR PERMITS AND PERMIT APPLICATIONS; PROVIDING FOR APPEALS ON DENIAL OF A. PERMIT; PROVIDING FOR RULES GOVERNING EXCAVATIONS AND EXCAVATION AREAS; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: I. That the Code or Ordinances of Beaumont, Texas, is hereby amended by adding a section to be numbered 16-28, which said section reads as follows: Section 16-28. Open Pit Excavations I. Definitions a) Person - shall include natural persons, firms, associations, public or private corporations, and governmental agencies entities, or instrumentalities. b) Borrow Pit - the pit, hole, or depression created by any excavation of dirt, sand, stone, or other earth material. II. Except as provided in Section 3 hereof, no person shall dig, excavate, remove, or cause to be dug, excavated, or re- moved, any dirt, clay, rock, or other material below the surface of the ground without having first obtained an excavation per- mit in accordance with the provisions of this Ordinance. Any excavations in violation of this Ordinance are hereby declared to be public nuisances. This ordianance shall not be applicable to excavation for foundation purposes, where a building permit has been properly applied for and granted in accordance with the Building Code; provided, however, that if the construction for which a C.— �la �?' 6 �z S-C��-6 � &9,5 building permit had been granted should be abandoned or delayed for a period longer than one hundred eighty (180) days, any pit excavated shall be required to conform to the provisions of Sections 5, 6, and 10 of this Ordinance. This Ordinance shall not be applicable to excavations of drainage ditches, canals, or similar facilities. IV. Each application for an excavation permit shall be in writing, on a form provided for that purpose by the D'i-rector' of City Planning of the City of Beaumont, stating the purpose of the proposed owner of the land upon which the excavation is to be done, and the names of all owners of land lying within one hundred (100') feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the purposed excavation, and the dimensions of the borrow pit to be created thereby. Each application shall be accompanied by a permit fee of Twenty_ -five and No/100 ($25.00) Dollars, vh.ich shall be refunded to the applicant if the permit is not granted. The permit fee shall not be required of any governmental agency, entity, or instrumentality, but all other requirements of this Ordinance shall remain applicable to such bodies. M No excavation shall be made within ten (10, feet of any property line, without the express written consent of the owner of the adjacent property. Borrow Pits shall be sloped no steeper than two (2') feet horizontal for each one (1) foot vertical measurement. Excavation which is conducted adjacent to roadways, easements, drainage systems, utility lines, or other structures, shall be conducted at an adequate distance from such facilities, as determined by the Director of City Planning, so as not to interfere with or cause damage to such facilities. 6�AI VY. No excavation may be made upon any dedicated street or highway right-of-way or any planned or proposed street described in the master street plan of the City of Beaumont. VII. Trucks hauling excavated material shall be required, insofar. as possible, to use existing truck routes. Excavated materials shall not be dropped or placed upon any public street or highway. VIII. Upon proper application as provided in Section 3 hereof, the Director.of-Ci,ty Planning shall issue an excavation permit if he is satisfied, from competent evidence presented to him as he -may require, that the proposed excavation is consistent with the public health, safety, and welfare, that the require- ments of this Ordinance will be met, and that the excavation operations will be conducted in a manner and at a location which will supplement existing or proposed drainage facilities of the City of Beaumont. IX. If an application for excavation permit is denied by the Directbr _of' -:City Planning, the applicant may within ten (10) days appeal such denial to the City Council of the City of Beaumont. The City Council shall set a public hearing, which shall be held no later than thirty (30) days after pre- sentation of the appeal to the City Council. Following such hearing, the.City Council may either affirm, overrule, or modify the. decision of the -Director of.Planning, and such -decision of the City.Council shall be final. go Upon completion of the excavation for which a permit has been granted hereunder, but not later than one hundred eighty (180) days after excavation has begun, a substantial -3- fence, at least six (6') feet in height and otherwise being in accordance with specifications promulgated by the Dir-;ec-tor-= of City Planning, shall be erected completely surrounding the borrow pit. Such fence shall be kept in good repair as long as the borrow pit exists, and all gates closed except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within fifty (50') feet of a residence, the fence surrounding such pit shall be so constructed as to prevent small children from gaining -access to the borrow pit. ►M That any person who violates any provision of this ordinance shall upon conviction be punished as provided in Sec- tion 1-8 of the Code of Ordinances of Beaumont, Texas. XII: That if any sections,.sub-sections, sentence, clause, or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid,'such invalidity shall in no wise affect the remaining portions of this ordinance and to,such end the various portions and provisions of this ordinance are declared to be severable. XIII. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. 1969. PASSED by the City Council this 2&-twday of A -4- r � � Mayor -