[HISTORY: Adopted by the Township Board of the Charter Township
of Midland 7-21-1982 by Ord. No.
31. Amendments noted where applicable.]
This chapter shall be known and cited as the "Midland Township
Soil Removal Ordinance."
This chapter is enacted for the purpose of promoting the public
health, welfare and safety of the residents of Midland Township and
to preserve the natural resources and to prevent the creation of nuisances
and hazards to the public health, welfare and safety.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
The land or water area where the removal of topsoil, sand,
clay, gravel or similar materials is being conducted, including adjacent
and contiguous property, owned by the same owner, even though divided
by public or private rights-of-way.
Soil, topsoil, subsoil, sand, gravel, land, earth or any
other material proposed to be moved from or onto the land.
From and after the effective date of this chapter, it shall
be unlawful for any person to operate a quarry as hereinbefore defined
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
Building Inspector; provided, however, that where sand, gravel, topsoil,
or other substances are removed from the site, a permit as above mentioned
will be required.
A.
Application. Before granting a permit, the Township Planning Commission
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 said premises, setting
forth their legal interest in said 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 the
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 and type of soil used if excavated site
is to be backfilled.
(6)
Topographical survey map.
(7)
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.
B.
Permit fees. The sum of $10 per acre up to a maximum of $500 with
a minimum of $200 shall accompany the application for a quarrying
permit. Said sum is to be used to defray the cost of engineering services,
investigation, 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, and such
permits may be renewed by the payment of an annual $50 inspection
fee. Such permits shall be renewed as herein provided for so long
as the permittee complies with all of the provisions of this chapter
or other conditions of this permit.
C.
Permits. After reviewing all of the information submitted by the
applicant and such other information as may be in the hands of the
Township Board, said Board shall at a regular or special meeting determine
whether or not a permit will be issued. The permit shall be issued
in the event the Township Board shall determine that the issuance
of the permit would not detrimentally affect the public health, safety,
and general welfare of the citizens of Midland Township. In the event
the Township Board does not make a final decision on the issuance
of a permit within 45 days after the application is filed or 15 days
after the last public hearing, if required; whichever is the longest,
said permit shall be deemed issued as applied for.
D.
Mandatory requirements. The following requirements shall be mandatory
where a permit for the removal of soil is required by this chapter.
(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, said 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 said
excavation sites which are located within 300 feet of occupied residences
shall be kept dust-free.
(c)
The slopes of the banks of the excavation shall in no event
exceed a minimum of 2 1/2 horizontal to one foot vertical.
(d)
Where quarrying operations result in a body of water, the owner
or operator shall place appropriate "Keep Out – Danger" signs
around said premises, not more than 200 feet apart.
(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; provided, however, that the Township
Board may prescribe more strict requirements in order to prevent damage
to surrounding property.
(f)
The Township Board shall require such other performance standards
where, because of peculiar conditions, it deems it necessary for the
protection of health, safety, and well-being of the citizens of the
Township.
(2)
Stripping operations.
(a)
No soil shall be removed in such manner as to cause water to
collect long-term, which would result in a place of danger or a menace
to the public health.
(b)
Sufficient topsoil shall be stockpiled on said site so that
the entire site, when stripping operations are completed, may be recovered
with a minimum of four inches of said soil, and the replacement of
such soil 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 soil over the stripped areas as he progresses
and replant with permanent-type grasses.
(c)
The Township Board shall require such other and further requirements
as is deemed necessary in the interest of the public health, safety,
and general welfare of the citizens of the Township of Midland.
(d)
Surety bond. The Township Board may, to ensure strict compliance
with any regulations contained herein or required as a condition of
the issuance of permit either for quarrying or soil stripping, require
the permittee to furnish a surety bond executed by a reputable surety
company authorized to do business in the State of Michigan, in an
amount determined by the Township Board to be reasonably necessary
to ensure compliance hereunder. 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 expense 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.
A.
The dumping of any soil, sand, clay, or gravel on any parcel of land
within the limits of the Township of Midland is hereby prohibited,
except where, 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;
provided, however, that 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 Planning Commission and on a satisfactory showing that such
dumping will not result in damage to other property within the limits
of the Township of Midland and will not be detrimental to the public
health, safety, or welfare. Waste and rubbish dumping shall meet the
requirements of this chapter and the laws and ordinances of the Township
of Midland.
B.
A surety bond may be required by the Township Board to ensure adherence
to the herein specified provisions. Such bond shall be in an amount
as specifically required in this chapter or, if not otherwise specified,
equal to the estimated cost of restoring the site to a safe, healthy
and sightly condition.
A.
The existence within the limits of the Township of Midland 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; provided, however, that this chapter shall not prevent the construction of excavations under a permit issued pursuant to the provisions of this chapter or Chapter 103, Construction Codes, where such excavations are properly protected and warning signs and lights located in such manner as may be approved by the Township Board, and provided further that this section shall not apply to drains created or existing by authority of the State of Michigan, County of Midland, Township of Midland, or other governmental agency.
B.
Where the Township Board shall determine a nuisance to exist as herein
defined, it 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. In the event
the property owner fails to abate or cause to be abated such nuisance,
then the Township Board 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 said property on the next assessment roll.
Any person who, in the regular course of business, maintains
an industrial facility and who regularly employs a professional engineer
registered under the laws of the State of Michigan, responsible for
the excavation and dumping of any soil, sand, clay or gravel or similar
materials may, upon application, be granted an annual industrial site
permit covering both the removal of soil and the dumping of soil,
provided that the annual industrial site permit shall be applicable
only upon the property containing the industrial facility, including
adjacent and contiguous property owned by the same owner, even though
divided by public or private rights-of-way. The annual permit fee
shall be $500.
A.
Any person or other entity who violates any provision of this chapter
is responsible for a municipal civil infraction as defined by Michigan
law and subject to a civil fine of not more than $500, plus costs,
which may include all direct or indirect expenses to which the Township
has been put in connection with the violation. In no case however,
shall costs of less than $9 or more than $500 be ordered. In addition,
all violations of this chapter are declared a nuisance per se. The
Township specifically reserves the right and shall have the authority
to proceed in any court of competent jurisdiction for the purpose
of obtaining an injunction, restraining order or other appropriate
remedy to abate said nuisance and to complete compliance with this
chapter.
[Amended 4-12-1995 by Ord. No. 70]
B.
The Township Board or any member thereof may institute injunction
or other proceedings to prevent or enjoin any violation of the provisions
of this chapter. The rights and remedies provided herein are cumulative
and in addition to other remedies provided by law.
