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§ 155.07 PAYMENT OF PERMIT FEE ON ISSUANCE OF PERMIT.
   At the time of the issuance of the permit, the applicant shall pay a permit fee to cover the expenses of inspection of $.01 for each cubic yard estimated in the application to be removed or dumped. At any time that the number of cubic yards removed or dumped equal the number of cubic yards set forth in the estimate filed with the original application, the permit granted shall terminate and no further materials may be removed from or dumped on the site until a new application has been filed and a permit granted in the same manner as the original application and permit. The fees and/or costs heretofore mentioned in this chapter shall not exempt the applicant from payment of any fees and/or costs required by the City of Southfield or the Village of Bingham Farms under any other ordinances.
(O.C. § 5.387)
§ 155.08 DEPOSIT OF BOND AND CERTIFICATE OF INSURANCE.
   Prior to the issuance of a permit, the applicant shall provide the village with a surety bond, in an amount to be fixed by the Village Council, inuring to the benefit of the Village of Bingham Farms conditioned upon the applicant faithfully performing all of the conditions and requirements under which the permit is issued. The applicant shall also provide the certificate of a licensed insurance company, in an amount reasonably relevant to the proposed work to be done, insuring the village and the public against any loss or damage to persons or property arising directly or indirectly from the operations of the applicant or any persons acting in his or her behalf in carrying on any work connected directly or indirectly with the issuance of said permit.
(O.C. § 5.388)
§ 155.09 CONSIDERATION BY VILLAGE COUNCIL.
   (A)   The Village Council shall approve the issuance of a permit only upon determining that all provisions of this chapter have been complied with, that the information provided by the applicant indicates that the proposed work will be performed expeditiously and in such manner as to not adversely affect the health, welfare and safety of the public and will create no nuisance or hazard.
   (B)   Any permit shall be denied if it appears from the investigation thereof that the project would remove lateral and subjacent support of the adjacent land and result in a nuisance dangerous to public safety or that it otherwise would in any manner endanger the public health, morals and prevent the preservation of natural resources or be detrimental to the general public welfare.
(O.C. § 5.389)
§ 155.10 EXCAVATIONS.
   (A)   Any person to whom a permit is issued authorizing the making of an excavation shall comply with the following:
      (1)   All vehicles transporting soil or other materials from such excavation over the public streets of the village shall travel only directly over such route as may be directed by the Village Road Commissioner to be least dangerous to public safety, cause the least interference with general traffic and cause the least damage to the public street;
      (2)   The bottom of any such excavation shall not be lower than the level thereof as set forth in the application;
      (3)   If the Village Building Inspector determines that any excavation will present a dangerous condition if left open, he or she shall order that such excavation be enclosed by a chain link or wire mesh 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 shall be kept locked when operations are not being carried on. Barbed wire shall not be used. So-called “snow fencing” is permitted where the excavation is intended for installation of utilities or for residential construction;
      (4)   Any soil that may be deposited on any public street or place from any vehicle transporting such materials from any such excavation shall be immediately removed in a manner satisfactory to the Village Road Commissioner at the expense of the person to whom the permit is issued;
      (5)   Any road used for the purpose of ingress and egress to the excavation site which is located within 300 feet of occupied residences shall be kept free of dust by hard topping with concrete, bituminous substance or chemical treatment;
      (6)   Except where the excavation is made for the purpose of residential construction or the installation of utilities, the slopes of the banks of the excavation shall in no event exceed a minimum of five feet to one foot (five feet horizontal and one foot vertical), and where ponded water results from the operation, this slope must be maintained and extended into the water to a depth of three feet;
      (7)   Where work authorized by a permit results in a body of water being formed, the permittee shall place appropriate “KEEP OUT - DANGER” signs around said premises not more than 100 feet apart. Such excavation shall not be allowed to remain longer than 90 days from date of issuance of permit;
      (8)   No permanent cut or excavation shall be made closer than 50 feet from the nearest street or highway right-of-way nor nearer than 40 feet to the nearest property line; provided, however, that the Village Council may prescribe more strict requirements in order to give sublittoral support to surrounding property where soil or topographic conditions warrant it;
      (9)   No person shall operate a gravel or sand mining pit;
      (10)   During the period in which excavation is being made, no person, firm or corporation shall allow puddles or pools of water to form and become stagnant.
   (B)   The Village Council shall require such other performance standards where, because of peculiar conditions, it deems it necessary for the protection of health, safety, morals, preservation of natural resources and well being of the citizens of the village.
(O.C. § 5.390)
§ 155.11 STRIPPING OPERATIONS.
   Any person to whom any permit is issued for the removal of soil shall comply with the following:
   (A)   No soil or other material shall be removed below a point six inches above the mean elevation of the centerline of the nearest existing proposed street or road established or maintained by the village, county or state, except as required for the installation of utilities and pavements;
   (B)   No soil shall be removed in such a manner as to cause water to collect or to result in a place of danger or a menace to the public health. The premises shall at all times be graded so that surface water drainage is not interfered with;
   (C)   Sufficient top soil shall be stockpiled on said site so that the entire site, when operations are completed, may be recovered with a minimum of six inches of top soil, and the replacement of such top soil shall be made immediately following the termination of the removal operations. In the event, however, that such removal operations continue over a period of time greater than 30 days, the operator shall replace the stored top soil over the stripped areas as he or she progresses;
   (D)   The Village Council shall impose such other and further requirements as it deems necessary in the interest of the public health, safety, morals, preservation of natural resources and general welfare of the citizens of the village.
(O.C. § 5.391)
§ 155.12 DUMPING OPERATIONS.
   Any person to whom any permit is issued for dumping operations shall comply with the following:
   (A)   Within six months following dumping, this land upon which the dumping has taken place must be graded in such manner as to prevent the collection of water, to provide drainage and to leave the ground surface fit for the growing of turf;
   (B)   No soil or other material shall be dumped on the spillways or flood plains of any natural or artificial streams or water courses or any area between the upper and lower banks of such streams or watercourses, except on the approval of the Village Council after a public hearing and on a satisfactory showing that such dumping will not result in damage to other property within the limits of the Village of Bingham Farms and will not be detrimental to the public health, safety, preservation of natural resources or welfare;
   (C)   Waste and rubbish dumping shall meet the requirements of this section and all other requirements of the Charter and this code of ordinances.
(O.C. § 5.392)
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