(A) Excavation site requirements.
(1) All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this division are less than those in applicable state statutes, the state requirements shall prevail.
(2) No cut or excavation shall be made closer than 300 feet to any property line or street right-of-way line.
(3) If the circumstances of the site indicate that the setback requirement above would not be adequate to protect abutting property, the Township Planning Commission shall require the greater distance to adjacent property.
(4) Where it is determined by the Planning Commission to be a potential nuisance to adjoining property owners, all uses shall be enclosed by a fence 6 feet or more in height for the entire periphery of the property or portion thereof. Fences shall be adequate to deter trespassing and shall be placed no closer than 50 feet to the top or bottom of any slope.
(5) No building shall be erected on the premises except as may be permitted in the general zoning ordinance or except as temporary shelter for machinery and field office subject to approval by the Planning Commission.
(6) Site barriers or fences shall be provided along all boundaries of the site which lack natural screening conditions through existing contours, tree, or shrub growth or distance from the roads. Barriers shall consist of 1 of the following:
(a) Earth berms constructed to a height of 6 feet above the mean elevation of the centerline of the adjacent public highway or 6 feet above the general level of terrain along interior property lines, as the case may be. The berms shall have slopes that are not in excess of 1 foot vertical to 4 feet horizontal, and shall be planted with grass, trees, or shrubs; or
(b) Planting of evergreen trees or shrubbery in rows parallel to the boundaries of the property, not less than 4 feet in height at the time of planting and which grow to not less than 6 feet in height at maturity and sufficiently spaced to provide effective site barriers when 6 feet in height.
(c) Earth berms shall be constructed so that they do not alter the natural surface water drainage of the adjoining properties.
(B) Construction and operation requirements.
(1) The Planning Commission shall establish routes for truck movement internally as well as to and from the site in order to minimize the wear on public streets and to prevent hazards and damage to properties in the community. Routes shall not be directed through residential areas, unless the applicant can demonstrate to the Planning Commission that such a route would not adversely impact the adjacent residential parcels. That portion of access roads within the area of operation shall be provided with a dustless surface.
(2) No internal roadway shall be closer than 200 feet from any off-site residential dwelling unit.
(3) All permitted installations shall be maintained in a neat and orderly condition so as to prevent injury to any single property, any individual, or to the community in general.
(4) Both permanent and/or temporary processing plants and their accessory structures shall not be located closer than 300 feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower elevation than the surrounding terrain to lessen visual and noise impact.
(5) All equipment and facilities used in the processing or transporting of sand, gravel or stone shall be constructed, maintained, and operated in a manner so as to eliminate, insofar as practicable, noises, vibrations, or dust which are injurious or unduly annoying.
(6) No stockpiling shall take place closer than 300 feet from any property line or street right-of-way line. Stock piles of stripped topsoil shall be seeded with grass or similar plant materials in order to prevent erosion onto other properties.
(7) On site roads, driveways, parking lots and loading and unloading areas shall be paved or chemically treated so as to limit the nuisance caused by windborne dust on adjoining lots and public roads.
(8) Operators shall be held responsible for all spillage of material, dirt, rock, mud and any other debris carried onto the roads by trucks or other equipment.
(9) Proper measures, as determined by the Planning Commission, shall be taken to minimize the nuisance of noise and flying dust or rock. Such measures may include, when considered necessary, limitations upon the practice of stockpiling excavated materials upon the site.
(10) An excavation shall not change the surface drainage so as to adversely impact neighboring properties or uses.
(11) Any pond banks shall have a maximum slope of 4 feet horizontal to 1 foot vertical which extends below the projected low water surface elevation to a depth of at least 6 feet.
(12) If pumping or draining of water from an excavation and extraction operation is anticipated, the applicant shall provide adequate data and research to indicate:
(a) That water wells and the water supply of surrounding properties are not adversely affected;
(b) That drainage of water will not adversely affect nor create damage to adjacent or downstream properties; and
(c) That the drainage ways are adequate in design and construction to handle the excess water from this operation without damage to any other properties.
(13) Any excavated material not removed from the site shall be graded to a continuous slope which does not exceed 4 feet horizontal to 1 foot vertical and arranged to prevent runoff from impacting adjacent properties. Said fill shall blend visually with the surrounding landscape.
(14) By the anniversary of the initial permit issuance each year, the completed portion of an excavation and any disturbed area around it shall be graded and seeded. This will minimize any soil erosion or damage to surrounding properties that may occur from flooding.
(15) Such operations shall be permitted only between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday. Operations shall not be permitted on Sunday or on holidays being New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
(16) Within 12 months of the completion of excavation and removal operations or either of them, the excavated area shall be graded so that no gradients-disturbed earth shall be steeper than a slope of 4 feet horizontal to 1 foot vertical. A layer of arable topsoil shall be spread over the excavated area, except exposed rock surfaces or areas lying below natural water level, to a minimum depth of 4 inches in accordance with the approved contour plan. The area shall be seeded and blended with the general surrounding ground so as to appear natural.
(17) Finished slopes of the excavation shall not exceed a ratio of 4 feet horizontal to 1 foot vertical.
(18) Where excavation operations result in a body of water, the owner or operator shall place appropriate "Keep Out Danger" signs around said premises not more than 150 feet apart.
(19) Where excavation operations result in a body of water, the owner or operator shall provide a rescue station within 25 feet where the water depth exceeds 3 feet. All rescue stations shall have an approved US Coast Guard life ring with 100 feet of rope and a 10-foot pole located on a post extending 4 foot above grade. In the event that the width of any water surface shall exceed 100 feet, an additional rescue station shall be provided on the opposite side of said body of water.
(20) The Planning Commission may require a security deposit from the applicant to ensure compliance with the requirements, specifications and conditions imposed by this subchapter, as well as guarantee restoration of the site. Such deposit shall not be released until performance is certified by the township's Zoning Administrator.
(21) Only equipment owned or leased by the operator of the mining operation and used in the direct operation of the excavation and extraction activities shall be stored overnight or for longer periods anywhere on the premises. Storage of any other equipment on the premises shall be prohibited. All equipment and machinery shall be located at least 300 feet from any property or street right-of-way line. The Planning Commission may require additional buffering of said equipment and machinery from adjoining residential use property such as fencing, earth berms, or other landscaping materials.
(22) Reclamation and rehabilitation of mining areas in accordance with the Reuse Plan shall be accomplished as soon as practicable following the mining or excavation of an area.
(a) Where possible, the rehabilitation and reclamation shall be accomplished concurrently with the mining or excavation operations;
(b) The Planning Commission may require a performance bond to assure that the Reuse Plan is implemented;
(c) Substantial completion of reclamation or rehabilitation shall be effected within 2 years after termination of mining or excavation activity.
(Ord. 99, passed 11-18-1996, § 18.03; Am. Ord. 13-203, passed 5-21-2013)