[Ord. No. 17,
§ 2, eff. 4-4-1960]
This article is enacted for the purpose of promoting the public
health, welfare and safety, of the residents of the township and to
preserve the natural resources and to prevent the creation of nuisances
and hazards to the public health, welfare and safety.
[Ord. No. 17,
§ 3, eff. 4-4-1960]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any tract or parcel of land or part thereof used for the
purpose of searching for or the extraction of stone, gravel, marl,
sand, peat, topsoil or similar materials, including stripping and
pit type operations.
Soil, topsoil, subsoil, sand, gravel, land, earth or any
other material proposed to be moved from or onto the land.
[Ord. No. 17,
§ 4, eff. 4-4-1960; Ord. No. 17-1, eff. 11-11-1983; Ord. No. 17-2, § 4, eff. 12-24-1998]
(a)
Permit required. It shall be unlawful for any person to operate a
quarry or strip any topsoil, sand, clay, gravel or similar material
without a permit from the township board. No permit will be required
where the moving, grading or leveling of the aforesaid materials is
carried on for the immediate use or development of the land upon which
these substances are found or pursuant to a building permit issued
by the township building inspector; however, where sand, gravel, topsoil,
or other substances are removed from the site, a permit will be required.
(b)
Application. Before granting a permit, the township zoning board
shall conduct a public hearing concerning such application and file
its recommendations with the township board. A separate permit shall
be required for each separate site. Each application for a permit
(five copies to be submitted) shall be made to the township clerk
and shall contain the following information as a condition precedent
to the obligation to consider such request:
(1)
Names and addresses of parties of interest in the premises setting
forth their legal interest in the premises.
(2)
Full legal description of the premises wherein operations are
proposed.
(3)
Detailed statement as to method of operation, such as wet or
dry method, what type of machinery or equipment will be used, and
estimated period of time that such operation will cover.
(4)
Detailed statement as to exactly what type of deposit is proposed
to be extracted.
(5)
Proposed method of filling excavation where quarrying results
in extensive undersurface excavation.
(6)
Topographical survey map.
(7)
The developer shall provide water source data, soil composition
reports, hydrogeologic report, excess water disposition plan and background
sampling data; all of which must be prepared by a qualified professional.
(8)
Such other information as may be reasonably required by the
township board to base an opinion as to whether a permit should be
issued or not.
(9)
A study evaluating the impact of the proposed operation on the
vicinity including property values, traffic studies, existing infrastructure
and health safety and welfare.
(10)
Copies of soil erosion and NPDES permits.
(c)
Permit fees. The sum of $425 shall accompany the application for
a quarrying permit. This sum is to be used to defray the cost of engineering
services, investigation and publication charges, and other miscellaneous
administrative expenses occasioned by processing such application.
Permits issued by the township board shall be for a period of one
year expiring on March 31 of each year, and such permits may be renewed
by payment of an annual $150 inspection fee. Such permit shall be
renewed as herein provided for so long as the permit fee complies
with all of the provisions of this article or other conditions of
this permit.
(d)
Review of permit application by township board; approval or denial.
After reviewing all of the information submitted by the applicant
and such other information as may be in the hands of the township
board, the board shall at a regular or special meeting determine whether
or not a permit will be issued. The permit shall be issued if the
township board shall determine that the issuance of the permit would
not detrimentally effect the public health, safety, morals and general
welfare of the citizens of the township.
(e)
Mandatory requirements. The following requirements shall be mandatory:
(1)
Pit operations.
a.
Where an excavation in excess of five feet will result from
such operations, the applicant shall erect a fence completely surrounding
the portion of the site where the excavation extends, this fence to
be not less than five feet in height complete with gates, which gates
shall be kept locked when operations are not being carried on.
b.
Any roads used for the purpose of ingress and egress to the
excavation site which are located within 300 feet of occupied residences
shall be kept dust free by hardtopping with cement, or deep strength
bituminous pavements.
c.
The slopes of the banks of the excavation shall in no event
exceed a minimum of five feet to one foot (five feet horizontal to
one foot vertical) and where ponded water results from the operation,
this slope must be maintained and extended into the water to a depth
of eight feet.
d.
Where quarrying operations result in a body of water, the owner or operator shall place appropriate "Keep Out—Danger" signs around such premises not more than 200 feet apart. From the normal water level to eight feet below it, the waterway shall be constructed in the dry. All requirements under chapter 72, waterways, shall be adhered to. A drag line or other method of quarrying approved by the township board shall be followed.
e.
No cut or excavation shall be made closer than 50 feet from
the nearest street or highway right-of-way line nor nearer than 20
feet to the nearest property line; however, the township board may
prescribe more strict requirements in order to give sublateral support
to surrounding property where soil or geographic conditions warrant
it.
f.
The township board shall require such other performance standards
where because of peculiar conditions they deem it necessary for the
protection of health, safety, morals and well-being of the citizens
of the township.
(2)
Regulations for stripping operations.
a.
No soil, sand, gravel, clay or similar materials shall be removed
below a point six inches above the mean elevation of the centerline
of the nearest existing or proposed street or road established or
approved by the county road commission, except as required for the
installation of utilities and pavements.
b.
No soil, sand, clay, gravel or similar materials shall be removed
in such manner as to cause water to collect or to result in a place
of danger or a menace to the public health. The premises shall at
all times be graded so that surface water drainage is not interfered
with.
c.
Sufficient topsoil shall be stockpiled on the site so that the
entire site, when stripping operations are completed, may be re-covered
with a minimum of four inches of topsoil; and the replacement of such
topsoil shall be made immediately following the termination of the
stripping operations. In the event, however, that such stripping operations
continue over a period of time greater than 30 days, the operator
shall replace the stored topsoil over the stripped areas as he progresses.
d.
The township board shall require such other and further requirements
as is deemed necessary in the interest of the public health, safety,
morals and general welfare of the citizens of the township.
e.
The township board shall, to ensure strict compliance with any
regulations contained in this article or required as a condition of
the issuance of a permit either for quarrying or topsoil stripping,
require the permittee to furnish a surety bond executed by a reputable
surety company authorized to do business in the state in an amount
determined by the township board to be reasonably necessary to ensure
compliance under this article. In fixing the amount of such surety
bond, the township board shall take into account the size and scope
of the proposed quarry, probable cost of rehabilitating the premises
upon default of the operator, estimated expenses to compel the operator
to comply by court decree, and such other factors and conditions as
might be relevant in determining the sum reasonable in the light of
all facts and circumstances surrounding each application.
[Ord. No. 17,
§ 5, eff. 4-4-1960; Ord. No. 17-2, § 5, eff. 12-24-1998]
(a)
The dumping of any soil, sand, clay or gravel on any parcel of land
within the limits of the charter township is hereby prohibited except
where, in accordance with a plan approved under the township's landfill
article and within six months following such dumping, such parcel
of land is graded in such manner as to prevent the collection of water,
to provide proper drainage and to leave the ground surface fit for
the growing of turf and other land uses permitted in the district;
however, no soil, sand, clay, gravel, trash, rubbish or material shall
be dumped on the spillways or floodplains of any natural or artificial
streams or watercourses or any area between the upper and lower banks
of such streams or watercourses, except on the approval of the township
board after a public hearing by the township zoning board and on a
satisfactory showing that such dumping will not result in damage to
other property within the limits of the township, and will not be
detrimental to the public health, safety or welfare. Waste and rubbish
dumping shall meet the requirements of this article and the laws and
ordinances of the charter township.
(b)
A surety bond shall be required by the township board, to ensure
adherence to the provisions specified in this article. Such bond shall
be in an amount as specifically required in this article or if not
otherwise specified equal to the estimated cost of restoring the site
to a safe, healthy and sightly condition.
[Ord. No. 17,
§ 6, eff. 4-4-1960; Ord. No. 17-2, § 6, eff. 12-24-1998]
The existence within the limits of the charter township of any unprotected, unbarricaded, open or dangerous excavations, holes, pits or wells, or of any excavations, holes, pits or wells which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited and declared a public nuisance; however, this article shall not prevent the construction of excavations under a permit issued pursuant to the provisions of this article or the building code of the township where such excavations are properly protected and warning signs and lights located in such manner as may be approved by the township board. This section shall not apply to drains created or existing by authority of the state, county, charter township or other governmental agency. Where the building inspector shall determine a nuisance to exist as defined in division I of article II of this chapter, he shall notify the owner as shown on the latest tax rolls in writing of such finding and require the owner to abate such nuisance within a reasonable time, in no event less than 30 days. If the property owner fails to abate or cause to be abated such nuisance, then the building inspector may abate or cause to be abated such nuisance; and the cost or reasonable value of such work shall be placed as an assessment against the property on the next assessment roll.
[Ord. No. 17,
§ 7, eff. 4-4-1960]
(a)
Any person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any provision of this article, shall be punished as provided in section 1-11. The imposition of any sentence shall not exempt the offender from compliance with the provisions of this article.
(b)
The township board, any member thereof, or the prosecuting attorney
of the county may institute injunction or proceeding to prevent or
enjoin any violation of the provisions of this article. The rights
and remedies provided herein are cumulative and in addition to other
remedies provided by law.
