(A) Nonferrous metallic mineral mining is not regulated under this section. Excavation and extraction of nonferrous metallic minerals shall be regulated as provided the Natural Resources and Environmental Protection Act, being M.C.L.A. §§ 324.63201 et seq.
(B) General provisions.
(1) Sand, soil, gravel and mineral mining or extraction may be permitted as a special land use within any zoning district subject to the approval of the Township Planning Commission upon a finding that the proposed use meets the requirements of this chapter and federal and state regulations.
(2) The purpose of these requirements is to provide for the use of lands which have significant gravel and/or sand deposits and which, if mined for the deposits or filled, would not constitute a hazard to the public health, safety, and welfare.
(3) The construction of a private pond as part of a landscaping, aesthetic, or recreation improvement shall comply with § 153.258.
(4) The regulations are intended to result in: mining, excavation, and soil removal operations that will not be detrimental to the public health, safety, and welfare; and operations which will be conducive to and result in the reclamation of the land so that it will be suitable for other purposes. These requirements shall not apply to:
(a) The excavation and earth fill for on-site building construction purposes pursuant to a duly issued building permit; or
(b) Where the moving, grading or leveling of materials is carried on by the landowner for the immediate use or development of the same or adjacent parcel of land.
(C) Review procedures.
(1) An application for the approval of a sand, soil or gravel removal mining or extracting special land use permit shall be made to the Township Clerk and/or his/her designee by an owner of an interest in the land on which the use is to be located and shall be accompanied by the necessary fees, financial guarantees and documents as set forth below and as provided for by §§ 153.230 through 153.242, as applicable.
(2) The application shall be accompanied by a site plan containing the following information:
(a) Name of the owner, or owners, of land from which removal is to be made;
(b) Name and address of the applicant(s) making a request for the permit;
(c) Name and address of the person, firm, or corporation who or which will be conducting the actual removal operation;
(d) Location, size, and legal description of the total land area proposed for the use;
(e) Location of the processing plant (if any);
(f) Type of materials or resources to be removed or to be brought to the site;
(g) Proposed method of removal or filling, general haul route, and whether blasting or other use of explosives will be required;
(h) General description of equipment to be used;
(i) Any buildings, structures, sheds or trailers which are to be constructed or brought onto the site;
(j) An estimate of time to complete total operations based upon the estimated volume of material to be extracted and average annual extraction rates. The mining or extracting special land use permit shall expire on that date;
(k) The total area (in acres) proposed to be excavated, mined or removed in the first year of operation, and in subsequent years;
(l) Documentation demonstrating that the extractive activities will not produce serious consequences affecting the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values or use of adjacent land. The planning commission may require separate environmental, engineering, traffic impact or marketing studies supporting the need for and minimal consequences of such extraction; and
(m) A reuse plan, drawn to a scale of 1 inch equals 50 feet placed on a standard sheet and containing the following information:
1. A description of the land use activities proposed to be located on the site upon completion of mining, extraction, and landfill operations;
2. A description of the zoning district classification required for use of the site for the uses intended;
3. A description and location of the street, drainage on-site and downstream, water and sanitary sewer facilities required to serve the uses intended.
(3) The Township Planning Commission may submit the engineering, designs and site plans to the Michigan Department of Natural Resources, County Drain, Health or Road Commissions or other state or federal agencies to determine that the designs meet all applicable requirements.
(4) If county, state or federal permits are necessary, the approvals must be submitted to the township by the applicant prior to the granting of a permit. If no county, state or federal permit is necessary, the applicant must so verify.
(5) The applicant must submit ten copies of a site plan containing all of the information required in § 153.232 above.
(6) The applicant must submit a completed application on an approved form provided by the Township Clerk and/or his/her designee.
(7) An application fee, which shall be non-refundable, and be established by resolution of the Township Board, shall accompany the application and site plan.
(8) The Township Planning Commission shall require payment of a review fee established by the Township Board to cover the cost of a review by a professional engineer, architect or planner of submitted plans. The applicant will be required to pay 100% of all review costs incurred by the Township and will be provided copies of bills upon request. Any portion of the review fee not expended shall be returned to the developer.
(9) The applicant shall obtain an annual zoning compliance permit to allow excavation and extractive activities. The annual permit may be renewed upon the finding by the Zoning Administrator that the applicant has complied with the requirements by the Planning Commission.
(10) For any excavation and extraction activity currently operating lawfully under a temporary use approved by the Planning Commission as of the date of the adoption of this section, the following minimal requirements shall be submitted to the Township's Planning Commission 30 days prior to the expiration date of said temporary use approval for its review and consideration in order to allow the continuation of the excavation and extraction activities under the provision of this section.
(a) An application which shall be accompanied by the required fees as established by the Township Board;
(b) A revised or updated site plan, containing the location and size of the areas that have been reclaimed and the areas to be excavated, which shall be prepared by a professional engineer, architect, planner or surveyor;
(c) An estimate of time to complete the remaining excavation and extraction operations, including all reclamation based upon the estimated volume of material to be extracted and the average annual extraction rates. The renewal of the excavation and extraction activity use permit shall not be extended by the Planning Commission beyond that date;
(d) A revised reuse plan, if changed, containing the information as required in division (C)(2)(m) above.
(Ord. 99, passed 11-18-1996, § 18.02; Am. Ord. 13-203, passed 5-21-2013)