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DCPCUP-0000-01262
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CUPS 00001-02383
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DCPCUP-0000-01262
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Entry Properties
Last modified
2/11/2016 1:43:58 PM
Creation date
2/11/2016 11:31:44 AM
Metadata
Fields
Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
01262
Town
Christiana Township
Section Numbers
14, 23
AccelaLink
DZPCUP-0000-01262
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This condition is acceptable to the applicant except that it <br /> should provide for paving on 30 feet of both sides of the road, not <br /> 100 feet. <br /> 23. After depletion of the sites described as Areas II (1st <br /> phase) and Area IV (3rd phase) , owner/applicant can apply <br /> for CUP in Area I (4th phase) and Area III (2nd phase) . <br /> The Township provides no assurances that the CUP will be <br /> approved. <br /> The applicant has previously stated his position that the <br /> entire land encompassed within the CUP application should be <br /> granted. The reasons for the applicant's request are as set forth <br /> in his response to paragraphs 1, 2, 3 and 4. <br /> 24. Owner/applicant shall maintain liability insurance <br /> coverage in the amount of $5,000,000.00 and maintained at <br /> that level or greater until the quarry is closed or CUP <br /> expires. Proof of insurance shall be submitted annually <br /> to the Town Board and the Town of Christiana shall be <br /> named as an additional insured. <br /> 27 . The owner/applicant shall indemnify and hold harmless the <br /> Town of Christiana, their board members and <br /> representatives from any and all liability, damages, <br /> expenses and attorney fees that the Township, their board <br /> members and representatives suffer as a result of any <br /> action or claim against the Township, their board members <br /> and representatives as a result of the quarry operation <br /> or use of the mineral extraction site. <br /> Condition 24 and 27 are superfluous and unnecessary. They are <br /> also burdensome on the applicant for no good reason. The Town of <br /> Christiana will not incur any legal liability as a result of the <br /> operation of a lime stone quarrying activity by applicant as a <br /> private business on applicant's land. <br /> Government agencies cannot be held liable for granting a <br /> conditional use permit. The Town of Christiana will not have any <br /> legal responsibility because its only part in the process of <br /> 11 <br />
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