§ 154.122  SOIL RESOURCE EXTRACTION, MINING AND POND CONSTRUCTION.
   (A)   Scope of regulations.
      (1)   This section regulates extraction, filling or repositioning of soil, sand, gravel, clay or other geologic deposit involving disturbance of more than 1,000 cubic yards of material, when such disturbance is not related to construction of a building, structure or parking lot.
      (2)   This section also applies to artificial ponds created by soil excavation or intervention in watercourses, surface drainage or groundwater aquifers, regardless of size and whether the creation of the pond is an end in itself or merely a by-product of soil extraction activity.
      (3)   Ponds created by embankments or dams across streams or watercourses are not permitted in the city.
      (4)   Finally, oil wells are specifically exempted from this section, because they are regulated solely by the State Department of Natural Resources.
   (B)   Additional information required for site plan. The site plan for any activity regulated by this section must include the following additional information.
      (1)   A profile of the proposed excavation, illustrating elevations and changes in slope, with elevations noted in five-foot intervals. If water is expected to accumulate in the excavation, the projected water level must also be shown.
      (2)   A soil evaluation report describing the excavation site and any needed drainage or seepage corrections.
      (3)   The specifications for any spillway or drain for a proposed, including the proposed methods of foundation preparation or fill placement.
   (C)   Excavation site requirements.
      (1)   Avoid sites of ecological significance, such as wetlands or mature forest. If wetlands are to be affected, a state permit may be needed.
      (2)   Excavations that create ponds should be located to minimize the chance of pollution from sources such as feedlots, corrals or septic tanks.
      (3)   Excavations may be no closer than 50 feet, measured horizontally, to a power line, and may not be within a public utility or transportation easement.
   (D)   Construction and operation requirements.
      (1)   An excavation should not change surface drainage or underwater aquifers so as to adversely impact neighboring uses.
      (2)   Any pond banks shall have a maximum slope of one foot vertical to four feet horizontal that extends below the projected low water surface elevation to a depth of at least eight feet.
      (3)   Minimum designed water depth of a pond must be 15 feet to ensure proper aeration and circulation of the water.
      (4)   All required environmental permits shall be obtained and obeyed, including the soil and sedimentation control permit under Public Act 347 of 1972, being M.C.L.A. §§ 324.9101 through 324.9123a.
      (5)   Any excavated material not removed from the site shall be graded to a continuous slope that does not exceed one foot vertical to three feet horizontal and arranged to prevent runoff from impacting adjacent properties. Said fill shall blend visually with the surrounding landscape.
      (6)   By October 15 of each year, the completed portion of an excavation and any disturbed area around it shall be graded and seeded.
      (7)   No machinery or equipment shall operate, and no trucks, trailers or other conveyances shall arrive at any excavation site before 7:00 a.m. or after 8:00 p.m..
      (8)   Proper measures shall be taken to minimize the nuisance of traffic noise and flying dust or soil while a site is being excavated.
      (9)   When two or more dwellings are located within 200 feet of the edge of any water body on an excavation site or on any parcel, said water body shall be enclosed by a fence at least four feet high with a lockable gate.
      (10)   Ponds constructed for recreational purposes must be located behind the principal structure and outside of the rear and side yards.
(Ord. passed 11-2-2005)