By-law 6-2015 to regulate aggregate repeal 5-2015

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RURAL MUNICIPALITY ROSEDALE

BY-LAW 6-2015

BEING A BY-LAW of the Rural Municipality of Rosedale to regulate and control the transporting of aggregate in the Rural Municipality of Rosedale.

WHEREAS the Municipal Act provides authority under Section 232(2) for a Municipality to establish fees as provided herein, in accordance with Regulation No. 48/97 made by the Lieutenant Governor in Council, of the Province of Manitoba;

AND WHEREAS the Municipality wishes to provide for the licencing of transporting aggregate within the Municipality and to set fees payable in connection with such licencing;

NOW THEREFORE the Council of the Rural Municipality of Rosedale in Council duly assembled enacts as a By-Law the following:

1)         DEFINITIONS:

Aggregate” means a quarry mineral that is used solely for construction purposes or as a constituent of concrete other than in the manufacture of cement and includes sand, gravel, clay, crushed stone and crushed rock;

Aggregate Transport Licence” means a licence issued under clause 2(a) of this By-Law.

“Municipal Road” means a municipal road as defined under The Municipal Act and which is located in the Rural Municipality of Rosedale.

Municipality” means The Rural Municipality of Rosedale.

“Transport”, “Transporting” or “Transported” means the movement of a substance from one place to another place.

2)         LICENCES

THAT within the Municipality, any person, firm or corporation transporting more than 5 cubic yards of aggregate on a municipal road, unless transporting aggregate to a Ratepayer or the municipality, shall be required to obtain an Aggregate Transport Licence in the form and substance attached as Schedule “A”.

THAT the Municipality requires the payment of annual fees for Aggregate Transport Licences in the amount of $50.00 (Fifty Dollars) per annum for each licence.

3)         FEES

THAT the Municipality requires the payment of fees by the holder of an Aggregate Transport Licence, for the maintenance, repair and restoration of any municipal road used by the holder to transport aggregate. The fee shall be calculated by using the formula and rates based on the most current regulation.

THAT any person, firm or corporation transporting aggregate within the Municipality (unless transporting aggregate to a Ratepayer), regardless of the origin of the aggregate, is subject to the requirements of 2(a) and 3 (a).

THAT in lieu of the payment of fees fixed under b), the Municipality may enter into an agreement with the holder of an Aggregate Transport License, respecting the maintenance, repair and restoration of any municipal road used or to be used by the holder of said licences or another person to transport aggregate, subject to the terms as set forth in regulation 48/97 clauses 3(1) and 3(2) of the Municipal Act.

THAT any holder of an Aggregate Transport Licence contained in this by-law will notify the C.A.O. of the Rural Municipality at the Municipal Office of the date upon which the said holder intends to commence the Transportation of aggregate on or over a municipal road (as defined in this by-law) and thereafter of the date upon which that particular transportation of aggregate is completed.

THAT any person, firm or corporation who is required to remit a fee pursuant to clauses a) of this By-law, shall remit the fees to the Municipality no later than Thirty (30) days following the completion of the particular Transportation of aggregate to which the said fee relates.

4)         FINES

THAT any person, firm or corporation who transports aggregate on a municipal road in the Municipality without first obtaining an Aggregate Transport Licence is guilty of an offence. The offender is liable to a fine of not more than $200.00 (Two Hundred Dollars).

THAT any person, firm or corporation who fails to remit the fees by the aforementioned due dates is guilty of an offence. Every day of late remittance is a separate offence.

THAT any person, firm or corporation who contravenes, refuses, neglects, omits, or fails to obey or observe any provision of this By-Law is guilty of an offence and where no other penalty is provided, is liable to a fine not exceeding $500 (Five Hundred Dollars), or to imprisonment for a term not exceeding one month, or to both. Where the contravention, refusal, neglect, omission, or failure continues for more than one day, the person, firm, or corporation is guilty of a separate offence for each day that it continues.

5) THAT By-law 5-2015 be repealed.

6) That this By-Law comes into force and effect on             or the day that it receives third reading.

DONE AND PASSED by the Rural Municipality of Rosedale, in Council duly assembled at Rosedale, in the Province of Manitoba, this    10th  day of    July  , A.D. 2015.

Read a first time this 11th day of May, A.D. 2015

Read a second time this     10th  day of    July  , A.D. 2015

Read a third time this   10th   day of    July   , A.D. 2015

THE RURAL MUNICIPALITY OF ROSEDALE

__________________________

Reeve

___________________________

Chief Administrator Officer

 

SCHEDULE “A”

RURAL MUNICIPALITY OF ROSEDALE

AGGREGATE TRANSPORT LICENCE

To:       R.M. of Rosedale

Box 100, Neepawa, Manitoba, R0J 1H0

 

I, Name __________________________________

 

Address________________________________                   Telephone Number ____________              

 

hereby make application for a licence for the mining of aggregate at the following mining activity location:

EXISTING PIT                                               

NEW DEVELOPMENT                                 

LAND USE APPROVAL IN PLACE      0 YES         0 NO *

* Land use Approval must be in place before a licence may be issued.

and for the transportation of that aggregate over municipal roads in the Rural Municipality of Rosedale:

I hereby agree to the following:

a) to pay all fees and provide all records stipulated in the provisions of By-Law No. 6-2015 and amendments thereto, by February 25 of next year;

b) to provide the Municipality through its officers, servants or agents, the right of entry to inspect and determine the weight and volumes of aggregate removed land within the Municipality and to provide proof of the Aggregate Mining Licence issued as a result of this Application and payment of the prescribed fee, upon request of any officer, servant or agent of the Rural Municipality of Rosedale.

c) to forthwith surrender the licence issued by the Rural Municipality of Rosedale as a result of this application and payment of the prescribed fee, upon the cancellation of it by the Rural Municipality of Rosedale for non-compliance with By-Law No. 6-2015; and

d) My address to which all notices by the Rural Municipality of Rosedale to me should be sent is as above or:

______________________________

 

______________________________

 

______________________________

 

Dated at the Rural Municipality of Rosedale this                   day of                                                  20      .          

 

 

                                                                                   

Signature of Applicant

LICENCE

This certifies that                                                        is granted a licence(s) as described above subject to terms and provisions of the Municipality’s By-laws.

 

Licence Fee:   $50.00                                                 Received:                                                       

 

Pit Location:                ¼ Sec.           Twp.               Rge.              

 

Licence Expiry Date:                                                

 

Dated at the Rural Municipality of Rosedale, in the Province of Manitoba this         day of                          20      _

 

 

                                                                       

Rural Municipality of Rosedale

Box 100

Neepawa, Manitoba R0J 1H0

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