No person shall commence and/or continue to operate any mineral
mining operation in the Township except in accordance with a permit
issued by the Township Board pursuant to this chapter.
A.
Application shall be made to the Township for a permit. The application
shall be submitted to the Township Clerk who shall apprise the Township
Board of the filing of the application, and shall refer the application
to the Planning Commission of the Township for recommendation. Following
action of the Planning Commission, the matter shall be placed upon
the agenda of the Township Board for final action. In its deliberations
on the application, the Township Board shall be entitled to continue
this further, shall consult with any and all experts deemed appropriate
within the discretion of the Township Board. Upon completion of deliberations,
the Township Board shall either grant the permit, or deny the same
and state the reasons for denial.
B.
The application submitted for a permit shall contain the following:
(1)
Identifications:
(a)
Names and addresses of all owners or parties of interest in
the proposed mining site, together with their legal or equitable interest
in the property.
(b)
Name and address of applicant.
(c)
Name and address of person, firm or corporation that will be
conducting the actual removal operation, and the name, address and
telephone number of the specific person designated by the applicant
for the purpose of receiving all notice, correspondence and communications.
(d)
Location, size and legal description of the proposed mining
operation area, as well as the total site and any and all adjoining
land owned by the applicant and/or any persons or entities affiliated
with applicant.
(e)
Location and type of proposed processing plant.
(f)
Amount of each and every kind of material or resource to be
removed.
(g)
Proposed method of removal and extraction, processing, and/or
other procedures undertaken prior to transport of minerals from the
site.
(h)
Proposed vehicular access to and from the operation and the
generally anticipated haul route within the Township.
(i)
Types and amounts of explosives proposed to be used, and the
area to be blasted, if specifically approved in the license.
(j)
Estimated period of time to complete operations with number,
duration and description of each phase where appropriate.
(k)
Amount and source of water to be utilized in processing, and
the anticipated means and location of treatment and disposal of such
water following use.
(l)
Name and address of the banking or savings and loan entity which
is to issue the irrevocable letter of credit to be posted by the applicant.
(m)
Sworn statement that the applicant has never defaulted on any
bond posted to insure performance by the applicant in connection with
any gravel or mineral mining or any related mining and/or construction
activity, or if the applicant has defaulted on any such bond, a brief
description of the circumstances surrounding the default, including
the name of the surety, date of default and any remedial action which
was taken.
(n)
The name of the operator's carrier for public liability
and property damage insurance.
(o)
The contemplated period of time following reclamation required
prior to the date upon which the property will be usable for construction
and improvement in accordance with the terms of the Township Zoning
Ordinance in the district in which the property is situated. If the
response hereto varies with respect to two or more locations on the
property, provide the appropriate answer in relation to each varying
portion of the property. Plans for any phasing of reclamation shall
be indicated if such phasing is proposed.
(2)
Vertical aerial photography.
(a)
Vertical aerial photograph, enlarged to a scale of one inch
equals 200 feet, from original photograph flown at a negative scale
no smaller than one inch equals 660 feet, and certified as having
been flown not earlier than two months prior to the date of application.
The vertical photograph shall cover:
[1]
All land anticipated to be mined in the application, together
with adjoining land owned by the applicant.
[2]
All contiguous land which is or has been used by the owner or
leasehold applicant for mineral extraction and/or processing and/or
storage, and all contiguous in which the applicant or any affiliate
has a current interest.
[3]
All lands within 1/2 mile of the proposed mining area.
[4]
All private and public roads from which access to the property
may be immediately gained.
[5]
Boundary of the entire planned mining area of courses and distance.
[6]
Site topography and natural features including location of watercourses
within the planned mining area.
[7]
Means of vehicular access to the proposed operation.
(3)
Sectional map. Sectional map at an appropriate scale to cover the
areas within one mile of the boundaries of the land included in the
permit application showing the existing classification of all land
appearing on the map as shown on the official Township Zoning Map,
roads, streets and all uses of land within the area of the sectional
map, and the names of these roads and streets.
(4)
Topographic survey. Topographic survey taken from aerial photographs
of field surveys of the existing parcel drawn to a scale of one inch
equals 200 feet prepared by a registered civil engineer or registered
land surveyor licensed by the state within the minimum four-foot contour
intervals based upon USGS data. The drawing shall also clearly show
each and every area to be mined, and each and every area to be utilized
for stockpiling, processing, plant location, and maintenance and storage
areas.
(5)
Geological and engineering survey. Geological and engineering survey
and data prepared by a geologist or civil engineer licensed by the
state, indicating:
(a)
Quality and quantity of each type of mineral to be excavated.
(b)
Level of water table throughout the planned mining area for
which a permit is sought.
(c)
Opinion as to each and every effect on the water table and private
wells of property owners within the reasonable anticipated area of
impact during and subsequent to the operation.
(d)
Quality of surface water, groundwater and watershed anticipated
to be impacted during and subsequent to the operation to the geographical
extent reasonably expected to be affected.
(e)
Opinion whether the exposure of subterranean waters and/or the
impoundment of surface waters, where proposed, will establish a stable
water level at the level or levels proposed as part of the operation,
and that the same will not interfere with existing subterranean water
or cause any harm or impairment to the general public.
(f)
Detailed plan for the disposition by controlled flow or controlled drainage of any excess water into existing drains or watercourses or drains or watercourses to be established, in accordance with Chapter 210, Floodplain and Wetlands Protection, and the stormwater management plan of the Township.
(g)
Detailed engineering and drainage plan prepared in accordance
with the County Water Resources Commission specifications and application
for a soil erosion permit.
(6)
Plan of operation (overlay).
(a)
A plan of operation shall be presented on a transparent overlay at the same scale as the vertical aerial photograph [Subsection B(2) of this section], and, when so applied, shall delineate the following:
[1]
Area to be actively excavated, and, if the same shall be in
phases, a designation of such phases.
[2]
Area for settling ponds, crushing facilities, driers and washing
plan facilities.
[3]
Area for treatment facilities and mineral storage and stockpile.
[4]
Area for overburdened storage.
[5]
Area for production facilities for resource-related industry.
[6]
Area for location of buildings and/or other improvements be
they permanent or temporary.
(b)
To supplement the plan of operation overlay required in this
subsection, the following shall be submitted: description of operation
including all mobile and stationary machinery and equipment utilized
or to be utilized; method or methods of treatment of water utilized
in the operation prior to discharge into the ground or into the surface
water system; and provisions for sanitary sewage facilities on the
site.
(7)
Reclamation plan.
(a)
A plan for the reclamation for the site shall be submitted in
three parts: a reclamation plan as an overlay for the vertical aerial
photograph; a reclamation contour map; and a description of reclamation
methods and materials proposed for renewal of topsoil and replanting,
including a reclamation schedule indicating the time sequence within
which each area mined will be reclaimed as mining operations progress.
Wherein any on-site development proposed, a specific site plan shall
be submitted as a part of the reclamation phasing plan. The plan for
reclamation shall be prepared on transparent overlay at the same scale
as the vertical aerial photograph, illustrating, with the acreage
for each item shown on the overlay:
(b)
A restoration contour map shall be prepared to the same base
as heretofore required, to indicate the grade and slopes to which
excavated areas shall be reclaimed, and the distance of such reclaimed
areas from the property boundaries. Such grade and slope designations
shall also include areas proposed to be beneath the surface of permanent
water areas.
(c)
A description of the methods and materials proposed for reclamation
shall include topsoiling and the amount and type of plantings.
(d)
In no event shall the area being mined, and which is unreclaimed,
exceed the lesser of 75 acres and 40% of the property being subject
of the application.
(8)
Environmental impact report. An environmental impact report, detailing
the effects of the proposed operation on all aspects of the environment
as outlined in the Natural Resources and Environmental Protection
Act, Public Act No. 451 of 1994, (MCLA § 324.101 et seq.),
shall be prepared and submitted with the application. All pollution
control measures shall be detailed within the environmental impact
report.
(9)
Application fee. The application shall be accompanied by an administrative
and processing fee, to be paid by the applicant in the amount as currently
established or hereafter adopted by resolution of the Township Board
from time to time.
(10)
Review procedure. Review of the application shall proceed as
follows:
(a)
Upon receipt of an application under this chapter, the Clerk
shall forward copies of the same to the Township Planning Commission,
Township Planner, and Township Engineer.
(b)
The Planning Commission shall review and study the application,
together with such supplemental information deemed necessary and report
its recommendation of approval or denial to the Township Board including
recommended conditions or statement to be included in the permit if
granted.
(c)
The Township Planner and the Township Engineer shall review
the application and report their recommendations to the Planning Commission.
Such report shall include a recommendation concerning whether or not
an environmental report, assessment or statement beyond those required
herein should be made.
(d)
After considering the reports of the Planning Commission, Township
Planner, and Township Engineer, and such other facts, opinions and
reports as may be requested and available by the Township Board, and
after conducting a public hearing on the application, the Township
Board may issue a mining permit, or, in the alternative, it may deny
the permit and state the reasons for denial.
A.
The annual permit shall contain the following:
(1)
The name and address of the holder of the permit, as well as the
name and address of the land, if different from that of the permit
holder. In addition, the permit shall also include the name, address
and phone number of the person designated as agent for all notice,
correspondence and communication.
(2)
The legal description of the property to which the permit shall apply.
(3)
The one-year period for which the permit shall be valid, including
its expiration date.
(4)
The allowable hours of operation.
(5)
The number of feet from all the property lines and rights-of-way
within which no cuts or excavations have been made.
(6)
The steepest horizontal to vertical grade on finished slopes where
excavations have been made.
(7)
A statement essentially corresponding to the following: "This permit
may be suspended or revoked upon a hearing of the Township Board,
with notice by regular mail of said hearing to the applicant, based
upon failure to comply with one or more of the requirements of the
Oakland Township Ordinance to License and Regulate Gravel and Other
Mineral Mining, as amended, or other applicable law, ordinance or
regulation, and/or the terms and conditions of this license or upon
the ground that the use constitutes a nuisance or danger to the public
health, safety, and/or welfare."
(8)
A statement to be countersigned by the applicant corresponding substantially to the following: "The undersigned has read this permit and understands and agrees that, incorporated by reference as a part of the terms and conditions hereof, are all the statements and contents of the application for the permit as approved by the Oakland Township Board, the terms and conditions of Code of Ordinances, Charter Township of Oakland, Michigan, Chapter 267, as amended, and of any other applicable law, ordinances or regulations, and further that Oakland Township employees and agents are permitted to come upon the premises at any reasonable time for the purpose of inspection, monitoring and/or administering this ordinance."
(9)
Any additional reasonable condition deemed appropriate by the Township
Board.
(10)
A statement of the condition that in no event shall the area
being mined and unreclaimed exceed the lesser of 75 acres or 40% of
the land constituting the subject of the permit.
(11)
A statement and description of the machinery, equipment and
methods used in the operation.
B.
The applicant shall provide the Township Board with a recordable
affidavit to be recorded with the county register of deeds, binding
applicant and all heirs, successors, assigns and transferees of the
applicant to the terms and conditions of the annual permit.
C.
For the purpose of reimbursing the Township for inspections, monitoring,
administration and enforcement of this chapter with respect to the
licensee, and in view of the relative impossibility of calculating
and precisely anticipating amounts to be required for such purpose,
the licensee shall make monthly payments to the Township in an amount
as currently established or hereafter adopted by resolution of the
Township Board from time to time. At the end of each calendar year,
and as the date of termination in the final year of operations, an
entity performing audits in the regular course of its business shall
certify the amount of materials sold by the licensee during the previous
year or during such portion of the year until the date of termination,
as applicable. In the event the permittee objects to the above-described
method of fee determination, the following shall govern:
(1)
Upon issuance of each annual permit, and prior to commencing operation,
the permittee shall make an initial deposit in an amount as currently
established or hereafter adopted by resolution of the Township Board
from time to time. The Township Treasurer shall hold such amount in
an account for the permittee for each annual permit issued.
(2)
The fee requirement shall be determined on a monthly basis and paid
out of said account, and shall be equal to the aggregate of the statements
and invoices to the Township for all costs and expenses incurred which
are reasonably related to inspections, monitoring, administration
and enforcement of this chapter, including reasonable attorneys'
fees incurred, if any, plus an amount equal to 25% of the total of
such invoices and statements (payable to offset the fixed costs of
the Township for employee salaries, equipment and the like).
(3)
The fee requirement shall be invoiced to the permittee on a monthly
basis, and shall be paid to the Township within 30 days. Upon receipt,
the payment shall be disbursed as follows: the amount equal to the
statements and invoices shall be credited to the permittee's
account, to reimburse the amounts paid out, as aforementioned; the
balance shall be credited to the general fund.
(4)
The amount on account with the Township in connection with the permittee
shall be maintained at a minimum in the amount as currently established
or hereafter adopted by resolution of the Township Board from time
to time, the permittee shall be invoiced immediately for the deficiency
and such amount shall be paid within 30 days.
D.
A permittee may apply for renewal of the annual permit. In order
to promote uninterrupted operations, application shall be made to
the Township Clerk no less than 30 days and no more than 60 days prior
to the expiration of a then effective permit. The application for
annual renewal shall be made on the form provided by the Clerk. Upon
receipt of an application, the Clerk shall refer copies of same to
the Township Board, the Director of the Township Building Department,
and to the Township Engineer. The Director of the Building Department
and the Township Engineer shall forthwith report in writing to the
Township Board with respect to compliance by the applicant with all
aspects of this chapter during the period of the permit which is about
to expire. If there has been compliance in all respects with this
chapter, a renewal of the permit may be granted. In the event there
has not been compliance, the Township Board may, in its discretion
either deny the renewal or grant the renewal for a period determined
to be appropriate by the Township Board upon stated conditions. In
all events, if it appears that protection of the public health, safety
and general welfare and/or protection of the air, water and natural
resources, and the public trust therein, require denial of the permit
renewal, the Township Board may either deny renewal outright, or consider
renewal upon conditions which overcome the underlying cause for denial.
