[Ord. No. 31,
§ 2, eff. 12-24-1998]
The purpose of this article is to preserve the public health,
safety and welfare of the township by the prevention of nuisances
and hazards resulting from the creation of hazardous or noxious conditions.
[Ord. No. 31,
§ 3, eff. 12-24-1998]
(a)
This article shall be enforced by the township supervisor or such
other persons authorized by the township board of trustees.
(b)
Nothing in this article shall be construed or interpreted to prohibit
the necessary preparation of land by the balancing or filling thereof
with earth materials in connection with any immediate lawful use,
including but not necessarily limited to, the development of land
for which a building permit has been issued.
[Ord. No. 31,
§ 4, eff. 12-24-1998]
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 materials which are normally part of the natural earth
as they exist in their normal state.
The various elevations of the surface of the land as it actually
exists upon the site.
Those earth elevations established and delineated on the
plot plan that will result upon completion of the proposed operation
for which the permit is issued.
The arithmetic average of elevations of points on the boundary
lines of the property uniformly spaced and not more than 100 feet
apart. In no event shall such elevation points be determined below
the surface elevation of any boundary waters.
Waste discards, dry rubbish, cardboard, wood, lumber, paper
products, brick, concrete, steel shavings, metal, plastic, leather,
manufactured materials not including oil, petroleum products, paint,
liquid chemicals or paint sludges.
Any individual or combinations thereof, including partnerships,
corporations, associations or firms.
The Chesterfield Township planning commission.
Garbage, produce, food products, fruits, vegetables, chemicals,
oil, petroleum products, paints, liquid chemicals or paint sludges.
The Chesterfield Township board of trustees.
[Ord. No. 31,
§ 5(A), eff. 12-24-1998; Ord. No. 110-51, 4-21-2003]
It shall be unlawful, from and after May 16th, 2003, for any
person to deposit any materials in excess of 500 cubic yards upon
the land within the township without approval granted by the township
board, except as specified herein.
Fills of less than 500 cubic yards shall be regulated under section 30-154.
Fills of greater than 1,500 cubic yards shall be regulated as
follows.
Fills of greater than 500 cubic yards, but less than 1,500 cubic yards shall be reviewed by the township supervisor and building official to determine whether site plan approval by the planning commission is necessary, or the procedures established under section 30-154 will apply.
[Ord. No. 31,
§ 5(B), eff. 12-24-1998; Ord. No. 110-51, 4-21-2003]
(a)
Written
application for approval under this article shall be made on forms
provided therefor by the township clerk.
(b)
Such application shall be accompanied by a plot plan of the proposed
site drawn in accordance with the following requirements and showing
the information hereinafter required:
(1)
Drawn to a scale not less than 100 feet to the inch.
(2)
Showing the location of the land involved and all existing and
proposed structures thereon.
(3)
All existing grade elevations shall be indicated at the intersection
of perpendicular parallel lines not more than 50 feet apart and expressed
to the nearest tenth of a foot.
(4)
Location of existing and proposed streets, roadways, parking
areas, entrances and exits.
(5)
Location of all public facilities and services.
(6)
Finish grading plan showing proposed elevations upon completion
at one-foot intervals.
(7)
Mean grade elevations at one-foot intervals.
(8)
Such additional information as the applicant deems necessary
and/or pertinent to the application of proposed operation.
(9)
The plan shall clearly demonstrate the proposed fill will not
impede, obstruct or accelerate the natural flow of surface waters
and that a drainage outlet exists with sufficient capacity to accommodate
resulting flows.
(10)
Volume of fill material to be placed, in cubic yards.
(c)
The application shall contain or be accompanied by a written statement
of the extent, development, improvement and general purpose of the
proposed filling operations and the program therefor.
(d)
The applicant shall identify the source of fill and shall furnish
a phase I environmental assessment, for the fill material. This environmental
assessment shall be prepared by a qualified professional. All fill
shall be clean and free of rubble, riprap, pipe, stumps, building
materials, organic materials or any type of contaminated material.
(e)
The application and all plans and supplemental statements of information
required therewith shall be filed in triplicate, with the township
clerk, together with the fee therefor as shall be established by resolution
of the township board, and which shall be sufficient to cover the
expense of hearing, the cost of publication of notices as required
herein, and the reasonable expenses incurred by and for inspections
and reviews.
[Ord. No. 31,
§ 5(C), eff. 12-24-1998]
(a)
The township clerk, upon receipt of the application and fee as provided in section 34-115, shall refer the application to the planning commission, which shall cause a notice of a public hearing to be published twice in a newspaper of general circulation in the township, containing the time, date, place and purpose of such hearing. Such notice shall be published once not less than 20 days before and the second not more than eight days before the date of the public hearing.
(b)
The public hearing shall be held by the planning commission at any
regular meeting thereof at no additional expense to the applicant,
or at any special meeting called therefor when requested by the applicant
which special meeting shall be at the expense of the applicant for
the purpose of making recommendations to the township board, and it
shall consider in connection therewith:
(1)
The effect of the proposed fill on the general vicinity where
it is to be conducted.
(2)
The character and use of adjoining lands and structures.
(3)
The depth of the water table.
(4)
Availability and adequacy of surface water drainage facilities.
(5)
The period of time the operation will continue.
(6)
Avenues of ingress and egress and the effect of vehicular traffic.
(7)
The proposed hours of operation.
(8)
Whether or not perimeter fencing should be required.
(9)
Soil erosion measures to be utilized and applicable permits.
(10)
Such other factors as may be necessary and appropriate for the
preservation of public health, safety and welfare.
[Ord. No. 31,
§ 5(D), eff. 12-24-1998]
Upon receipt of the planning commission's recommendation, the
township board shall determine whether the permit under this article
shall be granted or denied. If granted, the township clerk shall issue
the permit upon the posting of a performance bond in an amount determined
by the township board; provided however, such permit shall be valid
for one year only unless renewed thereafter by the township board
for like periods in accordance with the provisions of this article.
[Ord. No. 31,
§ 5(E), eff. 12-24-1998]
(a)
Suspension. Any permit under this article may be suspended by the
enforcing authority for a period of not more than 21 days whenever:
(b)
Review and revocation. The township clerk shall notify the permit
holder that the township board will review the action of the enforcing
authority at its next regular meeting to determine whether the permit
shall be reinstated, suspended for a further period of time or permanently
revoked.
[Ord. No. 31,
§ 6, eff. 12-24-1998]
(a)
Fills prohibited. Landfills of any type shall not be permitted in any floodplain zone as defined and designated in chapter 76 or by the Michigan Department of Environmental Quality (MDEQ), unless it will not cause or result in:
(1)
A nuisance.
(2)
A significant hazard or detriment to public safety or welfare.
(3)
Reasonably anticipated and significant flood damage to existing improvements in the floodplain district as defined in the chapter 76.
(4)
Significant measurable depletion of the floodplain district as defined in chapter 76 and resulting reduction of its natural effect of containment in times of highwater or flood.
(5)
Significant reduction of property values of adjoining or nearby
lands.
(6)
Pollution of water rendering it unpalatable or unfit for consumption
of humans or animals.
(b)
Requirements for all filling operations.
(1)
The hours of operation for all filling operations shall be limited
both as to equipment and vehicles. Operations shall be allowed only
between the hours of 7:00 a.m. and 7:00 p.m. and are prohibited entirely
on Sunday and legal holidays.
(2)
All unpaved roads must be regularly chlorinated to control the
generation of dust and to prevent its escape from the premises.
(3)
All public access roads must be kept free from debris falling
off vehicles bringing materials to the site or leaving therefrom.
(4)
Such filling operations may only be permitted in use districts allowing such activities under chapter 76 and subject to the limitations of subsection (a) of this section.
(5)
Prior to placement of fill all existing topsoil and organic
material shall be removed from the fill area.
(6)
The premises must be regularly graded to prevent the collection
of standing water.
(7)
The owners and/or operators must consent to reasonable inspection
by duly authorized township representatives without prior notice.
(8)
A performance bond must be posted in an amount established by
the township board.
(9)
Upon completion of the fill, the finished grade shall be composed
of and provide a minimum of one foot of earth materials of such quality
as to be capable of growing turf, vegetation or crops.
(10)
Such other reasonable regulatory requirements as may be necessary
to preserve public, health, safety or welfare as the particular permit
may require.
(d)
Nonputrescible landfills.
(1)
The plan and method of operation of nonputrescible landfills
must have been approved by the state health commissioner and a license
issued pursuant to the provisions of Act No. 87 of the Public Acts
of 1965 of the State of Michigan (MCL 325.291 et seq., MSA 14.435(1)
et seq.).
(2)
All fill materials must be covered each day with sufficient
earth materials to prevent emission of unpleasant, noxious or other
undesirable odors or the escape of decomposition vapors. The daily
earth cover required must be fully provided on or before the commencement
of further filling activities each day.
(3)
Nonputrescible landfills are subject to all of the requirements
of subsections (a) and (b) of this section.
(e)
Putrescible landfills.
(1)
Putrescible landfills are subject to all of the requirements
of subsections (a) and (b) of this section.
(2)
The entire premises shall be completely enclosed within an unpierced
wood or metal slat or panel type fence not less than six feet in height,
which shall be maintained in good condition and repair and which shall
be removed when the filling operation is completed.
[Ord. No. 31,
§ 7, eff. 12-24-1998]
(a)
Violation and penalties. A violation of any provision of this article shall constitute a misdemeanor. Each day a violation occurs or is permitted to exist, or does in fact exist, shall constitute a separate offense. Any person who violates any provision of this article shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in section 1-11.
(b)
Nuisances and abatement. Any excavations or removal of earthen materials
in violation of the provisions of this article are hereby declared
to be a nuisance per se and may be abated by an order of a court of
competent jurisdiction.
