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ORDINANCE NO. 73-19
<br />Page 2
<br />Top soil, fertilizers, and soil conditioners used for gardening
<br />do not constitute garbage, refuse, rubbish, litter, or other waste
<br />material within the meaning of this Ordinance, provided such use
<br />does not become a nuisance or menace to the public health.
<br />B. DUMPING, DEPOSITING, STORAGE OF GARBAGE,
<br />RUBBISH. ETC. - PROHIBITED
<br />(1) No person, firm or corporation shall dump, deposit,
<br />or store, or permit to be dumped, deposited or stored, any garbage,
<br />refuse, rubbish, litter or other waste material of any kind on any
<br />public or private property. The placing of garbage, rubbish, refuse,
<br />litter, or other waste material in covered receptacles specifically
<br />designed for that purpose shall not constitute the deposit of gar-
<br />bage, refuse, rubbish, litter, or other waste material on public or
<br />private property, provided said receptacles are regulartly emptied
<br />and maintained and do not become a nuisance or menace to the public
<br />health.
<br />(2) Land filling is not permitted unless specifically
<br />authorized as set forth in this Section. An owner may file with
<br />the Planning and Zoning Commission an application for land filling,
<br />setting forth the proposed land fill conditions, which must include
<br />the purpose, area to be filled, time required and all other perti-
<br />nent facts which are the basis for such request. Such request must
<br />specify the land fill material to be used, and such material only
<br />shall be non-combustible, non-putrescible, non-metallic, non-syn-
<br />thetic fill material consisting of loose soil, concrete, asphalt,
<br />paving materials, stone, concrete blocks and similar solid or inert
<br />material. After consideration, the Planning and Zoning Commission
<br />shall recommend a grant or denial of any application or recommend a
<br />grant of the application and specify safeguards for the community,
<br />including (but not limited to) the length of time for such land
<br />fill, the hours and days that the land filling should be permitted,
<br />the fencing or other security efforts to be taken and other condi-
<br />tions which may be necessary in view of the nature of the individual
<br />request. The Planning and Zoning Commission shall recommend either
<br />a grant or denial of the application within 120 days after its '
<br />filing, and said Commission shall forthwith file with the Clerk-
<br />Treasurer a written report of its decision and suggested safeguards,
<br />if any. Within 60 days after the filing of such report by the
<br />Planning and Zoning Commission, Council shall either grant or deny
<br />such application and may condition any grant upon safeguards for the
<br />community, including (but not limited to) those suggested by the
<br />Planning and Zoning Commission. In the event the Planning and
<br />Zoning Commission shall have recommended denial of the request, an
<br />affirmative vote of five (5) Councilmen is necessary to grant such
<br />application. If the Planning and Zoning Commission has recommended
<br />a grant of the application or grant the application with certain
<br />safeguards, the affirmative vote of four (4) Councilmen is necessary
<br />to grant such application. Upon any such application, the Building
<br />Inspector shall issue a special permit setting forth safeguards
<br />approved by Council.
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