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Home>Dundee Township Ordinances
Dundee Township Ordinances
Dundee Township Zoning Ordinances Mineral Extraction Ordinances Dundee TownshipOrdinance Number # 31Mineral Extraction Ordinance An ordinance regulating the extraction of sand, gravel and other earthen materials. The Township of Dundee, Monroe County, Michigan ordains: Section 1. TitleThis ordinance shall hereinafter be known and cited as Dundee Township Mineral Extraction Ordinance. Section 2. Purpose and Authority 2.01 Purpose. Dundee Township recognizes that topsoil, soil, sand, peat, marl, clay, gravel, stone and other earthen deposits within the Township’s boundaries are nonrenewable natural resources necessary and beneficial to the welfare of its inhabitants and the surrounding regional area. To provide for the utilization of these resources in a manner compatible with nearby residential and agricultural uses, to protect human health and the environment, and to insure complete restoration for another land use at the conclusion of the extraction, it is necessary to regulate and provide procedures and standards for extraction of earthen materials and for the restoration of the land at the conclusion of the extractive operations. It is the intent of this ordinance that lands subject to extractive operations shall, upon conclusion of operations, be reclaimed and rendered fully useful for one or more of the uses permitted as principal uses within the various districts provided in the Dundee Township Zoning Ordinance.These regulations are required because extraction operations and the related activities can disrupt or pollute the environment, impair the water quantity and quality, cause noise and dust nuisances, damage the roads, and create conditions that are dangerous to Township residents. Completed mineral extraction operations, if unregulated, can leave land in a condition that is unsightly, polluting, or dangerous. It is in the Township’s interest to control cumulative impact within areas of the Township, or the Township as a whole, and to recognize there are limitations within the capacity of the land for this land use. The Township has the authority to regulate extraction operations to protect the public health, safety and welfare pursuant to P.A. 246 of 1945, as amended MCL 41.181, et seq. This ordinance is enacted for the purpose of promoting the public health, safety, and welfare of the residents of the Township, to preserve the natural resources, and prevent the creation of nuisances and hazards to the public health, safety, and welfare. 2.02 Authority. Any person proposing to establish a mineral extraction operation after the effective date of this ordinance shall be required to first obtain a mineral extraction license from the Township under this ordinance. The Township Board shall have the authority to review, approve, or deny application for a mineral extraction license to further the above purposes. The mineral extraction license shall be reviewed by the Township Board concurrently with the special approval use application, which the Township Board shall consider based upon the requirements of this ordinance, the Zoning Ordinance and the special approval use recommendation of the Planning Commission. Section 3. Exemptions 3.01 Applicability of Ordinance. Subject to compliance with all other applicable statutes, ordinances, rules, and regulations, this ordinance does not apply to the following: A. Operations that involve the removal of 100 cubic yards or less of material per calendar year. B. The usual and customary excavation associated with the construction of residential dwellings, commercial or industrial buildings, roads, wells, parking lots, sewer or water lines, sanitary land fills and farm ponds, or similar uses, pursuant to the Dundee Township Zoning Ordinance and Building Code. C. The usual and customary balancing of land by cutting and filling on a site in preparation for a development approved by the Township in accordance with all Township ordinances and regulations. This exemption shall not permit the removal of more than 100 cubic yards of material from the site. D. The ordinary and necessary grading of land for the tilling and cultivation of soils for the growing of crops and trees. E. The usual and customary excavation of land in the public right-of-way, when associated with a public utility or public facility improvement. F. Ponds excavated in accordance with Section 5.37 of the Zoning Ordinance; provided the limits on the amount of materials that may be removed from the site specified in Section 5.37 of the Zoning Ordinance are not exceeded.G. Any mineral extraction operation that was in existence and otherwise lawfully operated on the effective date of this ordinance.Section 4. Definitions When used in this ordinance, the following terms shall have the meaning associated with them: 4.01 Applicant / Owner / Operator. The terms “applicant”, “owner”, and “operator” shall include the tenants, lessees, agents, servants or assigns thereof. 4.02 Aquifer. A geological formation, group of formations or part of a formation, capable of yielding significant quantities of groundwater to wells or springs. 4.03 De-watering. The act of using a well or pump to remove water from a surface or subsurface area as a part of construction project, mining operation or any other operation involving surface or subsurface pumping removal of water. 4.04 Dry Extraction. The removal or mining of earthen materials from an area which is situated above the water table and for which dewatering is not required. 4.05 Extraction. The extraction, mining, quarrying, excavation, or other removal or processing of sand, gravel, soil, minerals or any earthen material from any site. 4.06 Earthen Deposits. Any naturally occurring material at the Earth’s surface and subsurface which includes topsoil, peat, clay, sand and gravel, bedrock or other materials produced thereof. 4.07 Fines. Materials mined from the site passing the no. 200 mesh sieve opening as defined by the National Standard Sieve Size (ASTM-E11) that are a product of any Extraction operations at the site. 4.08 Ground Water. Water below the land surface within the zone of saturated soil or bedrock. 4.09 Water Table. The surface between the zone of saturation and the zone of aeration; that surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere. 4.10 Ground Water Monitoring. The collection of hydrogeologic data and representative water samples in order to measure the characteristics of the saturated zone. 4.11 Ground Water Recharge. The infiltration of water through the soil to the zone of saturation. 4.12 Ground Water Recharge Area. Any area on the ground where soil permeability characteristics allow for the infiltration of water to the zone of saturation. While nearly all land areas provide for some degree of infiltration, soil types and subsurface geologic conditions in certain areas may provide for a higher rate of infiltration to the aquifer.4.13 Hydrogeologic Report. A document presenting and interpreting field information or published hydrogeologic conditions and predicting the potential impact on nearby or otherwise affected water and/or water features, including ground water. 4.14 Mineral Extraction License / License. A license granted by Dundee Township authorizing a licensee to extract earthen materials from land located in the Township pursuant to the terms of this ordinance and to the conditions set forth at the time of the granting of the license. 4.15 Operations. A process or action that is part of the mineral extraction process and includes the extraction, storing, processing or transportation of mined materials, as well as related activity necessary to facilitate mining, such as maintenance and restoration. 4.16 Overburden. Earthen materials situated below the layer of topsoil and above the materials to be extracted from the site. 4.17 Part 91. Soil erosion and sedimentation control requirements of the Environmental Protection Act, MCL 394.9101 et seq., and/or Natural Resources and Environmental Protection Act of 1994 PA 451 as amended, Part 91 Soil Erosion and Sedimentation Control. 4.18 Processing. The washing, sorting, crushing, aggregating, grinding, blending, mixing, conveying or cutting of extracted material from the extraction site. 4.19 Reclamation. Plans and activities which are intended to eliminate unsafe and hazardous conditions and to render a site compatible with future land use. 4.20 Sediment Basin. A naturally occurring or constructed depression used for the sole purpose of capturing sediment during and after an earth change activity. This can be one or more basins to trap sediment and water quality contaminants in the runoff. 4.21 Setback. Distances from house sites, property boundaries, road right-of-ways, wetlands and streams, which are not to be excavated, in order to protect private and public properties as well as natural features of the Township. 4.22 Site. The entire real property or properties for which the extraction permit is issued, whether or not extraction is to occur on the entire real property(ies). 4.23 Surface Runoff. Water that does not infiltrate into the soil, but instead flows across the ground surface. 4.24 Wetland. Land characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances does support, wetland vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh, and which is any of the following: A. Contiguous to the Great Lakes or Lake St. Clair, and inland lake or pond, or a river or stream. B. Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream; and greater than five (5) acres in size; C. Not contiguous to the Great lakes, an inland lake or pond, or a river or stream, but within 500 feet of such water features, and five (5) acres or less in size if the department (MDEQ) determines that protection of the area is essential to the preservation of the natural resources of the state from pollution, impairment, or destruction and the department has so notified the owner. Section 5. License Required; Nature and Limitations of License 5.01 License Required. It shall be unlawful for an owner, leaseholder, operator or any other persons or entities that own, manage, or otherwise occupy the site to establish any extraction operation without first having obtained a license as required by this ordinance. 5.02 Special Approval Use. It shall be unlawful for an owner, leaseholder, operator or any other persons or entities that own, manage, or otherwise occupy the site to establish an extraction operation without first having obtained a special approval use permit in accordance with Article 15 of the Dundee Township Zoning Ordinance. Extraction operations are permitted as a special approval use in the following zoning districts:A. AG-1 Agricultural DistrictB. I, Industrial District5.03 Liability for Compliance. Any party having any interest in the land comprising the site, including the owner, leaseholder, and operator, or any other persons or entities who own, manage or otherwise occupy the site, shall be jointly and severally responsible for complying with the requirements of this ordinance and for any violation of this ordinance. Each party having any of the interest or interests mentioned above shall have the responsibility of taking all necessary precautions and actions to prevent any violation of this ordinance. 5.04 Adherence to Terms of License. No person or entity to whom a mineral extraction license has been issued pursuant to this ordinance shall engage in any activity on the site contrary to the terms of the license or contrary to the terms of this ordinance. 5.05 Permits on File. All required Federal, State, and County permits shall be approved and on file with Dundee Township prior to the commencement of any extraction activity on the site. 5.06 Registration with State. The applicant/operator/owner shall obtain all required licenses, and shall be registered to conduct business in the State of Michigan and provide proof thereof to the Township. 5.07 No Other Uses Permitted by License. A mineral extraction license does not constitute approval for other uses, including but not limited to on-site manufacturing operations of any nature, processing of material obtained from off-site, as well as asphalt, cement or other manufacturing operations of any nature. This shall not preclude the applicant/operator/owner from making application to the Planning Commission under the zoning ordinance for other uses that are permitted within the zoning district, subject to the procedures and requirements of the Zoning Ordinance.5.08 Transferability of License. Any license for extraction operations issues pursuant to the ordinance shall be transferable by the Licensee with prior Township approval. Approval shall not be unreasonably withheld. Transfers include mergers, reorganization, or acquisition, and similar business actions. 5.09 Below Ground Extraction. Extraction of earth materials below the ground water elevation may be conducted if specifically approved by the Township Board and specified in the extraction license issued pursuant to this ordinance and subject to such other terms and conditions deemed appropriate by the Township Board. 5.10 Dewatering Prohibited. Mining methods shall not require permanent or on-going dewatering of the site. 5.11 Term of License. The term of the extraction license shall be five (5) years from the date of its issuance, and is renewable in accordance with provisions in this ordinance. 5.12 Qualifications of Experts. This ordinance references certain documents to be prepared by professionally qualified individuals such as geologists, engineers, architects, environmental scientists and surveyors. In all cases where such a professional is identified, that person shall hold all the necessary licenses, registrations, certificates, errors and omissions insurance and/or other such recordation necessary to practice in the State of Michigan. Section 6. Applicant Requirements 6.01 Preliminary Presentation. If applicant so desires, before making a formal application, applicants may appear before the Township Board at a regularly scheduled meeting to make a preliminary presentation on the conceptual nature of the proposed extraction activity. The Board will provide the applicant with a copy of this ordinance, outlining the application process and License requirements. 6.02 Pre-Application Conference. Prior to submission of an application, the applicant must request and attend a pre-application conference with Township officials to discuss licensing requirements and the application process and to pay a pre-application fee, as determined by resolution of the Township Board. 6.03 Filing of Application. An original signed application for an extraction license shall be filed with the Township clerk together with two duplicate copies and a copy of the application in digital format. Section 7. Application Requirements 7.01 Identification of Parties in Interest. A separate list of names, addresses, telephone number, fax number, and e-mail address of any and all persons, firms or corporations having the following interests shall be provided to the Township: A. All applicants seeking a mineral extraction license and their interest in the property. B. Anyone having a legal or equitable interest in the property where the extractive operation is proposed. C. Anyone having an interest in the operation of the proposed extractive operation on the site and evidence of such interest. D. If any of the parties identified in any or all of the lists are entities such as corporations, limited liability companies or partnerships, copies of documents evidencing the formation of the entity and proof that the entity is in good standing with the State of Michigan shall be submitted. 7.02 Consent of Title Holder. If the applicant is anyone other than the fee title holder of the property, a written consent for the proposed mineral extraction executed by the legal titleholder is also required. 7.03 Form of Application and Signature of Applicant. The applicant's signature and date shall appear on the first page of the application original and on all duplicates submitted to the Township for review. In addition, each page of the complete application submittal shall include the original application date in the lower right-hand corner. If the application is subsequently amended, each replacement page shall bear, in the lower right-hand corner, the original application date and the date of submittal of the page revision. All applications shall be made in a loose leaf, 3-ring binder in order to facilitate the replacement of pages. 7.04 Application Fees and Escrow. An application fee and an initial escrow deposit to cover the cost of processing the application, as determined by resolution of the Township Board, shall accompany each application. 7.05 Licensing Fees. The first annual license fee, as determined by resolution of the Township Board, shall accompany each application. If a license is approved, a subsequent fee is due on the anniversary date of the issuance of the license. The fee shall be held in escrow pending decision on granting the application. The annual fee shall remain payable on all acreage not yet restored. 7.06 Costs. In addition to the basic application fee, applicants for a mineral extraction license shall pay the actual reasonable expenses incurred by the Township in reviewing and/or relating to the application, pursuant to Section 22 of this ordinance.7.07 Information and Data Required for an Extraction License. A. Survey. A full legal description and drawing of the site, prepared by a licensed surveyor, showing: 1. The number of acres on each portion of the site to be mined, and the location of all parcel boundaries on and within the extraction site. 2. Existing site improvements including buildings and structures, drives, wells, and drain fields. 3. All serveint and beneficial easements, and all easements appurtenant to the property. 4. Existing topography at contour intervals of five (5) feet, obtained from an actual on-site land survey, unless at the pre-application conference the Township engineer deems that a survey interval of less than five (5) feet is necessary for review. 5. The location and dimensions of drives to and from the property, including abutting streets. 6. The location of all parcel boundaries of all adjoining or contiguous properties, and their structures, and identification of their current land use, current zoning district, and future land use as designated in the Township Master Plan.B. Site Inventory Map and Assessment prepared by a licensed surveyor or professional engineer, clearly showing the locations and types of existing man-made structures and natural features both on the proposed property and on areas within 100 feet site property lines. The drawing should delineate: 1. Applicable setbacks for the site and from the extraction area, including any residential buildings or waterways within 500 feet of the site. 2. Tree fence rows, woodlands and wetlands and the extent of these lands, even if beyond the 100 foot margin above. 3. Watercourse stream banks, pond ordinary high-water marks, flood ways, and flood plains, where determinable from public and private records and/or when accessible to applicant as through aerial photographic interpretation. 4. Areas of hydric soils, highly permeable soils, ground water recharge areas and topographic slopes. 5. Landmark trees in the area(s) affected by mining should be located by numbered dots, with an accompanying database table of corresponding species and size listings. All trees 18 inches in diameter or larger will be considered landmark trees. 6. An initial flora catalog, i.e. plants species, in the area(s) affected by mining. 7. The location of all archaeological, historical, or features of cultural significance. 8. The site inventory should contain a written description of the quality, character, and health of the natural features, including but not limited to wetlands, surface waters, woodlands, historical features, and threatened and endangered species. C. Environmental Impact Statement, based upon the site inventory map and assessment, shall be prepared by a qualified professional addressing impacts the operation will have on natural features, and flora and fauna, both on the site and adjacent lands, as well as any mitigation measures needed to eliminate or minimize these impacts. The statement should also address the following: 1. Noise and dust. 2. Drainage, erosion and sedimentation. 3. Views of the mining site from adjacent roads and properties. 4. Wetlands, flood ways, flood plains, and special habitats for fish and wildlife. 5. Potential impacts on surface waters, on ground water, and on aquifers. 6. Areas and features of historic, archeological and natural significance. 7. Traffic study, including truck traffic and access to and from the site. 8. Compatibility with adjacent land uses. 9. Any additional items that the Township’s engineering or environmental consultant reasonably deem significant. D. Hydrogeological Analysis, prepared by a professional engineer or professional geologist with experience in hydrogeological studies. The analysis shall: 1. Identify and describe existing characteristics of the watershed within one-half (½) mile of the boundaries of the tax parcel on which the permitted site exists. Characteristics include, but are not limited to: a. Surface drainage patterns, groundwater conditions, including flow directions and depth of water tables. b. Existing lakes and ponds, wetlands, rivers and streams including flood plains, flood ways and areas of seasonal water accumulation. c. Aquifer information, including any discharge and/or recharge areas, and a description of the methodology or means by which identification and location were determined. d. Establish the direction of groundwater movement by means of up-gradient and down-gradient monitoring wells, piezometers and as illustrated by cross sections. e. Present the stratigraphy of the mining area using cross sections, with sediment data derived from soil borings advanced to the depths of disturbance, including grain size analysis and estimates of the hydrologic conducting of major sediment layers. 2. For hydrogeologic features listed in Section 7.07D.1.a-e that are on the site, the following is required: a. A delineated boundary describing both size and location. b. Assessment of the impact the proposed operation will have on these features. c. A copy of all test results and other data used for preparation of said report. d. Proposed monitoring devices, including types, locations, number, and specifications for devices to monitor impact of the proposed operation.e. When an extraction lake or pond is proposed, the applicant shall establish the background or base line water quality of any aquifer being affected. Once the lake or pond is created, the water quality of the water body must also be determined and compared to the background water quality of the affected aquifers. 3. When mining below the water table is proposed, the applicant shall install one or more piezometers near the mining area in order to establish any vertical flow or piezometric pressure of the ground water. Piezometric pressures within the ground water may lead to changes in the levels of the extraction lakes. 4. Extraction lakes must not result in significant changes in the water quality and quantity. Hence, when mining results in the creation of one or more extraction lakes or ponds, the applicant must demonstrate that the mining operation will not significantly affect up-gradient groundwater levels or down gradient groundwater flows or the water supply to adjacent wetlands or surface waters. In addition, operations at the site must not significantly affect the capability of extraction lakes to prevent flow through of the ground water. E. Subsurface Information: 1. Physical Features Map, prepared by a professional engineer or professional geologist. The extent, location and nature of all subsurface materials on the proposed extraction site are to be shown on a topological map including: a. Estimated extent (outline) of deposit limits of extraction materials. b. Location by geographic coordinates and identification number of all excavation drill holes and drill logs and all other data or reports however embodied or obtained from excavation drill holes. c. Proposed location of observation wells, piezometers, flow meters, and any other monitoring stations. 2. Report to include information about: a. Depth of excavation drill holes and the claimed deposit of materials to be extracted from the site. b. Identification, location, and description of soil and mineral content, with soil boring logs representative of the site and an analysis of the subsurface materials. The Township engineer and applicant’s engineer shall confer and jointly determine the number of borings required and boring depths at the pre-application conference. In the event of a dispute, the engineers shall agree upon a third engineer from a reputable engineering firm to resolve the dispute. c. Ground water elevation, flow directions, and identification of aquifers. d. Estimated quantity of reserves at the site, and projected years of operation. e. Depth and estimated quantity of topsoil to be stripped. f. Depth and estimated quantity of overburden to be stripped and location of storage sites, if any. 3. Isopach Map with five (5) foot contour intervals, indicating the deposit extent and depth below existing surface elevations. F. Monitoring Controls. 1. Monitoring Wells. A minimum of three (3) monitoring wells shall be installed according to the 3-point method, constructed to requirements of the United States EPA, Michigan Department of Environmental Quality or Monroe County Environmental Health, and retained for future monitoring. The Township engineer and applicant’s engineer shall confer and jointly determine the required number and/or locations of monitoring wells. These monitoring wells must be capable of detecting any significant ground water change. In the event of a dispute, the engineers shall agree upon a third engineer from a reputable engineering firm to resolve the dispute. 2. Domestic Wells. Prior to the issuance of any extraction license, the applicant shall be required to conduct, at no cost to affected well owners, a pre-extraction survey of each domestic well located within 2,000 feet of the site property line. a. The survey will consist of collecting baseline data from well logs, where available, measurement of water level and well depth and standard water quality testing measuring among other factors, including hardness, color, odor, pH, bacteria, nitrates, sulfates, petroleum, and total dissolved solids (tds). b. The survey will be limited to those domestic well owners who provide consent to the survey within 30 days of receiving a certified letter request from the applicant. c. These tests shall determine the following baseline data for comparison with similar data to be monitored during extraction operations. d. Copies of existing well logs for all wells located within 2,000 feet of the site. 3. Groundwater Testing of all monitoring wells shall take place prior to commencing extraction operations to establish background water quality levels. Testing shall include: a. Static water level elevation, total dissolved solids (tds), water temperature, turbidity, specific conductance, pH, dissolved oxygen, redox potential, alkalinity, as well as the concentration level of the following: iron, manganese, magnesium, calcium, soluble phosphorus, nitrate nitrogen, ammonia, arsenic, lead, zinc, chloride, sodium, sulfate, phenols, and total petroleum hydrocarbons. If the total petroleum hydrocarbon levels exceed the detection (DL) limit, then VOC, SVOC, and MTBE must also be measured as well. b. For each aquifer within the extraction zone, the applicant is to provide a measure of hydraulic conductivity, aquifer flow direction, probable drawdown (based on a slug test or other measure), and probable recharge area. c. All laboratory testing shall be conducted in conformance with current applicable U.S. Environmental Protection Agency (EPA) Test Methods, and data shall be compared to Maximum Contaminant Levels (MCL) as set by U.S. EPA. d. Operator could elect to install more groundwater monitoring wells in lieu of sampling the domestic wells annually. All of the above testing requirement will apply, if this alternative is chosen. 4. Annual Testing shall be performed on domestic and monitoring wells in accordance with standards jointly established by the Township’s expert and the Operator’s expert taking into consideration the type and level of extractive activities which have taken place on the site during the preceding year. The results of the testing shall be filed with the Township supervisor within 60 days of date of testing. The parameters listed in 3a, above, must be tested annually, and a comparison made with the baseline water quality data. 5. Additional Testing may be required by the Township to better assess any potential risks if concerns regarding water quality or quantity are raised by or uncovered in the annual testing. G. A Well Complaint Resolution Program shall be prepared and submitted to the Township, which specifies the procedures the applicant is committed to follow in resolving any domestic water well complaints, including: 1. Multiple points of contact, response times and methods. 2. Complaint evaluation and mitigation procedures, including reports to both the domestic well owner and the Township. 3. The well complaint resolution program shall be applicable to properties that provide consent for the pre-extraction well survey. 4. If an analysis and evaluation of well complaints leads to the determination that an adverse impact is caused by the applicant's extraction operation, the applicant will replace the domestic water supply at the residence by the following, but not limited to, methods, at no cost to the homeowner: a. Repair or replace well components damaged by the extraction operation. b. Deepen the existing well or drill a replacement well. c. Provide another source of potable water for the residence. H. Operations Plan. An applicant prepared report describing the following: 1. Earth handling equipment to be used on-site. 2. Excavation equipment. 3. Methods of excavating. 4. Methods of transporting material from extraction site to processing plant and/or offsite. 5. Processing plant height and area requirements. 6. Types of processing activities, such as screening, washing, crushing, settling of fines and blending. 7. Estimated quantity, use and disposal of fines. 8. Estimated number and size of settling ponds and sediment basins. 9. Estimated annual production of sand, gravel, and other minerals in cubic yards. 10. Estimated type, size and number of trucks hauling material from the site daily, during peak season and annually. 11. Fuel storage area requirements, if any. 12. Maintenance and storage area requirements. 13. Other structures and facilities to be constructed on-site. 14. Procedures for recording and handling complaints. 15. Dust control plan. 16. Roadway mud control plan. 17. Proposed hours and days of operation. 18. Perimeter security plan. I. Mining Plans shall be prepared by a professional geologist or engineer, and shall illustrate the pattern, direction and phasing of earth moving, excavation, land shaping and reclamation activities. The plans shall be of sufficient detail so they can be used to assess the performance of the mine operation during any site inspection, including the following: 1. Location and description of entrance area, processing plant and support areas, and structures, including any weigh stations 2. Lane widenings on public roads at intersections with drives. 3. Division of the site into a series of cells that illustrate the sequence of the proposed extraction activities. 4. Indicate the size of each cell and estimated dates each cell will be operative. 5. Sequence of clearing and grubbing, including a description of the disposal methods. 6. Sequence of construction and installation of facilities. 7. Sequence of stripping, placement and/or stockpiling of topsoil, including the area to be stripped. 8. Sequence of stripping, placement and/or stockpiling of overburden including the area to be stripped. 9. Sequence of extraction. 10. Property boundaries. 11. Set back lines and placement of berms, if any. 12. Location and type of materials for sound and visual screening of the site. 13. Location and operation of any check station or weigh stations. 14. Fence locations. J. Detailed Reclamation Plan showing that the entire property will be left in a form for development with uses that are permitted in the district, relating the reuse to existing uses or probable uses for surrounding properties, and shall include the following elements: 1. Proposed topography at contour intervals to provide adequate grading information, subject to the Township engineer’s recommendation at the pre-application meeting, with five (5) feet being the minimum. 2. Schedule of progressive rehabilitation. a. After mining is completed on one specified area, quadrant, or cell, reclamation shall follow progressively in reasonable stages set forth in the plan before mining continues on other areas of the site. Extraction areas which are inactive for over one year must be stabilized and slopes reduced to one (1) vertical feet to four (4) horizontal feet, if feasible. b. All rehabilitation activity shall be in compliance with soil erosion and sedimentation requirements of the Environmental Protection Act, MCL 394.9101 et seq., Part 91 as defined. 3. Proposed ground cover and other plantings to stabilize the soil surface and to beautify the restored area, as well as to protect from erosion and siltation. 4. Concept plan(s) for the proposed end use of the site when restored including a plan for residential use, drawn to scale, and prepared by a professional engineer, licensed architect, or licensed landscape architect. The concept plan shall include: a. The proposed circulation system, including the location of internal roads and connection to the external road network. b. Delineation of drainage patterns, identification of lakes, flood plains, wetlands, and conceptual layout of lots (if residential is proposed). c. The use proposed in the concept plan must be acceptable to the Township Board based on the recommendation of the Planning Commission and a review of the zoning district, Township Master Plan, surrounding land uses, and site characteristics. d. A description of the provisions for obtaining necessary permits and approvals for the future use(s). e. A landfill or other disposal or refuse site will not be considered a suitable or satisfactory use. 5. When the proposed future use, as deemed appropriate by the Township Board, includes residential units or other uses requiring the use of septic fields, the applicant shall provide a description of the construction and rehabilitation techniques that will be met, including: a. A description of methods and materials to be used in restoring the site. b. The proposed date for completing all extraction operations and handling of all spoils and extraneous materials. c. The date for completing the final restoration. d. A list of all seeding and planting materials, which must be of native stock. 7.08 Supporting Documentation. A. Haul Route Map. An area map delineating the haul route to be used for the proposed operation. Haul routes except arterial streets or their equivalents shall not pass through residential areas. The Haul Route Map must be accompanied by written approval from the Monroe County Road Commission prior to the issuance of a mineral mining license, under the auspices of the Michigan Trunk Line Highway Systems Act, Act 51, P.A. 1951, as amended. B. Dust Control Plan. A control plan to alleviate dust resulting from the mining operation, which may include sweeping, paving, spraying water or calcium chloride, or other best management practices. The plan shall include proposed management practices on both access roads and public roads, beyond normal maintenance of Road Commission(s), and will be part of the soil erosion plan. This plan is to be reviewed annually by the Township engineer or environmental consultant. C. Mud Control Plan. A control plan to alleviate mud resulting from the mining operation, which may include sweeping, paving, spraying water or calcium chloride, or other best management practices. The plan shall include proposed management practices on both access roads and public roads, beyond normal maintenance of Road Commission(s), and will be part of the soil erosion plan. D. Noise Control Plan. A study and report prepared by a qualified professional estimating the noise levels at the property boundaries containing the extraction operation and at successive stages of the operation. This plan must contain mitigation measures to be implemented when noise levels exceed acceptable standards. E. Soil Erosion Plan. A site specific plan that will provide a complete description of all soil erosion measures, including but not limited to: 1. All erosion control strategies and control measures including but not limited to silt fences, vegetation screens, sediment basins, and settling ponds. 2. Locations of control measures particularly on all bare surfaces including steep slopes. 3. Time schedule and installation description for each control measure. 4. All temporary and permanent measures and maintenance to each, to maintain adequate control. 5. The plan is to conform to any and all requirements of the soil erosion and sedimentation requirements of the Environmental Protection Act, MCL 394.9101 et seq. F. Pollution Prevention Plan. A complete description of proposed pollution prevention materials based on National Fire Protection Association, State of Michigan or Monroe County Pollution Prevention laws. This plan must address any probable impacts from processors activities or on-site fuel or chemical storage. G. Impact Mitigation Plan to mitigate impacts resulting from mineral extraction, and the method by which complaints about any aspect of the facility operation or off-site transportation are to be received and resolved. This plan must set forth the procedures to address complaints regarding adverse impacts, including noise, fugitive dust, ground water changes, wetland loss. H. Permits. A comprehensive list of all permits required for the proposed operation, copies of the application documents, and a schedule showing when they are to be renewed, including, but not limited to; 1. A copy of permit from the Michigan Department of Environmental Quality (DEQ), or written communication addressed to the Township from the DEQ indicating that a permit is not required for the proposed extraction or reclamation by any applicable statute granting the DEQ jurisdiction over the activity. 2. A Michigan State Fire Marshall permit for the on-site storage or transfer of fuels; or a written indication from the applicable agency that a permit is not required. 3. A copy of a storm water control permit from the United States Environmental Protection Agency (EPA) and any NPDES or wetland permit from the Michigan Department of Environmental Quality, PA 451 of 1994, Part 31. 7.09 Indemnities. A. A proposed surety bond, irrevocable bank letter of credit in satisfactory form, or security deposit in an amount sufficient to guarantee restoration of the site. In fixing the amount of the surety bond, the Township Board shall take into account: 1. The size and scope of the proposed excavation. 2. The probable cost of rehabilitating the premises upon default of the operator, as recommended by the Township engineer and/or consultant designated by the Township. 3. Estimated expenses to compel operator to comply by court decree. 4. Other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application. B. A proposed liability insurance policy of not less than $5,000,000 per incident for all liability claims arising out of the site. The certificate of insurance shall provide that the Township must be given 30 days prior written notice of cancellation of insurance. In case of cancellation, the license shall be suspended. 7.10 Aerial Photograph. An aerial photograph of the entire site of oblique prospective, with a scale of not more than one (1) inch equals 200 feet, is to be submitted to the Township each year as part of the annual report by the Township engineer or by the environmental consultant. 7.11 Extraction of Samples. At the time of any inspections, the Township agents, representatives, independent consultants, and engineers are authorized to enter upon the property and may extract from the property small samples of water, soil and other materials as may be necessary to perform the evaluation. Section 8. Review of Application by Township Board 8.01 Planning Commission Review. Once a complete application is submitted, the application shall be reviewed under the site plan review and special Approval Use procedures of the Zoning Ordinance. The Planning Commission will conduct a public hearing following the procedures of the Zoning Ordinance and make a recommendation to the Township Board to approve, approve with conditions or deny the application.8.02 Township Board Review. Once the Planning Commission has made a recommendation, the application shall be forwarded to the Township Board for consideration for the following:A. Conduct a detailed review of the application. B. Conduct a public hearing in accordance with Section 23. C. Render a decision. A license shall only be granted where all of the following conditions are met:1. The applicant can comply with this ordinance. 2. The proposed operation will not adversely affect the health, safety, and welfare of the residents of the Township. 3. The proposed operation will not cause traffic hazards. 4. The proposed operation will not adversely affect the water table, water quality, or water supply of any surrounding land. 5. The site will be restored so it is safe and harmonious with the surrounding land uses. 6. The end use proposed in the reclamation plan is acceptable to the Township Board, based upon the Commission's review of the Township Zoning Ordinance, Township Master Plan, surrounding land uses and site characteristics. 8.03 Effect of Denial. An extraction license application denied by the Township Board may not be reapplied for, whether the same or modified application, for a period of 12 months from the date of denial. Section 9. Issuance of License 9.01 Issuance. If an application is approved, the Township Board shall issue a mineral extraction license in duplicate upon receipt of the required fees, bond, irrevocable bank letter of credit, or security deposit, and proof of insurance from the applicant, in form approved by the Township attorney. 9.02 | |
