(A) All surplus or unsuitable excavated material in the subdivision, including rock or large boulders, shall be disposed of by one of the following methods as determined by the Commission or its designee.
(1) Wasted adjacent to or incorporated in the regular construction where and as ordered.
(2) Disposed of by the subdivider at his or her own responsibility and expense outside the limits of the right-of-way.
(B) Prior to the disposal of the waste materials, the subdivider shall submit an executed copy of his or her contract or permission statement from the property owner to the Plat Committee. The contract or permission statement must recite that waste materials are not the property of the city. Further, it must expressly state that the city is not a party to that contract or permission statement and that the subdivider and property owner will hold the city harmless from any claim that may arise from their contract or permission statement.
(Ord. 2019-008, passed 5-13-19)