Ordinance 40

CITY OF HALIFAX
ORDINANCE NUMBER 40

RESPECTING QUARRYING

BE IT ENACTED by the Mayor and Council as follows:

1. No person shall in the City commence or perform the work of quarrying without first obtaining from the Commissioner of Works, hereinafter referred to as the "Commissioner", a permit therefor.

2. The applicant for a permit under this Ordinance shall state in his application for such permit:

(a) the name, occupation and address of the applicant;

(b) the location in the City where the proposed quarrying is to be carried out;

(c) the purpose of the proposed quarrying and the depth to which it is proposed to excavate or quarry;

(d) the date when such quarrying is proposed to commence and the probable duration of the same;

(e) the name and address of the owner of the land upon which such quarrying is to take place;

(f) the name of the contractor engaged in the work (if any);

(g) whether blasting will be necessary in connection with the work;

(h) such other information as the Commissioner may require.

3. (1) The Commissioner may issue a permit for the carrying out of such work to the applicant and may impose such terms and conditions for the carrying on of the proposed work and the restoration of the surface of the land upon which any quarrying has been or is proposed to be carried on as he deems necessary within the authority provided by Section 589B of the Halifax City Charter. The Commissioner may refuse to issue a permit hereunder if he is of the opinion that the same is unnecessary or that it will result in the creation of a public nuisance.

(2) The fee for such permit shall be twenty-five dollars ($25.00).

4. The Commissioner before issuing a permit hereunder and as a condition precedent to his doing so, may -

(a) require the applicant or the owner of the property upon such quarrying is proposed to be carried on to provide a bond to the satisfaction of the Commissioner conditioned upon compliance by the applicant for such permit, the owner of the property and the contractor engaged in the work (if any) with the provisions of this Ordinance and the terms and conditions provided by the Commissioner or the Committee on Works as herein provided in an amount satisfactory to such Commissioner.

(b) require the applicant and the owner of the said property to agree to comply with such other terms and conditions as the Commissioner may from time to time impose for the purpose of protecting health, lives and property from injury as a result of such quarrying operations and from the creation of a public nuisance.

5. (1) The applicant, if the Commissioner refuses to grant a permit hereunder or if the applicant is aggrieved by the terms and conditions so imposed, may appeal to the Committee on Works from the refusal of the Commissioner or such terms and conditions by notice in writing filed with the City Clerk stating the grounds upon which he appeals and a copy of such notice shall be delivered by the City Clerk to the Commissioner.

(2) The Committee on Works shall hear such appeal at a time and place to be decided by the City Clerk and may grant or refuse the application or may grant the application upon such terms and conditions as, in the absolute discretion of the Committee, are considered proper for the effective carrying out of the purposes of this Ordinance and the decision of the Committee thereon shall be final and without review or appeal, and failure to comply with such terms and conditions imposed by such Committee shall constitute a violation of this Ordinance.

6. Any person who has operated or is operating a quarry or who has conducted or is conducting quarrying operations in the City of Halifax, and the owner of any land upon which such quarrying operations are being or have been conducted, if the person operating such quarry or conducting such quarrying operations or is not the owner of such land, shall restore the surface of such land to such condition as the Commissioner, or the Committee on Works if an appeal has been made as hereinbefore provided, may require, within such time as the Commissioner or Committee may direct, and failure to comply with such requirement and direction of the Commissioner or Committee shall constitute a violation of this Ordinance.

7. The Council may direct the Commissioner to report upon any quarry in the City; or the Commissioner may, without such direction, make such a report.

8. If the Commissioner reports that, in his opinion, such quarry is a blighted or disfigured area of, if the Council of its own motion so considers it to be, the Council may appoint a time and place for a hearing upon such report or motion and shall give the owner of the land upon which such quarrying operations are being or have been conducted or the operator of such quarry not less than ten days' notice in writing of the time and place so appointed and shall furnish him at the same time with a copy of such report of motion.

9. Such owner, operator, or person may appear at the hearing and be heard respecting the matter of such report or motion.

10. The Council may, upon the conclusion of the hearing

(a) instruct the Commissioner to revoke or suspend any blasting or excavation permit issued in respect of such quarry;

(b) order such owner, operator, or person to restore the surface of such land to such condition as the Council may direct within such time as the Council may require.

11. A copy of any order made by the Council directing the restoration of the surface of such land shall be served upon such owner, operator, or person if resident in the City, or mailed to him if not so resident and his address is known; if his address is not known a copy of such order shall be published in one newspaper published in the City by one insertion.

12. Every person who fails to comply with an order respecting the restoration of the surface of any land shall be guilty of a violation of this Ordinance and each day on which such failure to comply continues shall constitute and be a separate violation and the penalty for each violation shall be as hereinafter provided.

13. Every person who violates any of the provisions of this Ordinance, or who fails to comply with the terms and conditions of any permit issued under the authority of this Ordinance, or who fails to comply with an order respecting the restoration of the surface of any land, shall be liable to a penalty not exceeding Five Hundred Dollars ($500.00) and in default of payment thereof to imprisonment for a period not exceeding sixty days (60 days).

14. This Ordinance shall be known as Ordinance Number 40.

Amendment to Section 13:
Passed Council: October 14, and 28, 1976
Approved by M.M.A.: November 18, 1976

AMENDMENTS:
No. 1 Amendments - Title change; Sec. 1; Sec. 2(b)(c)(d)(e); Sec. 3(2); Sec. 3(1); Sec. 4(a)(b); Sec. 6; Sec. 7; Sec. 8; Sec. 10(a)

Notice of Motion to Introduce: October 17, 1985
First Reading: October 31, 1985
Committee of the Whole Council: November 6, 1985
Second Reading: November 14, 1985
Approval of M.M.A.: IN EFFECT AS OF FEBRUARY 26, 1986 BY VIRTUE OF SECTION 145(2) OF THE HALIFAX CITY CHARTER