Soil, sand, clay, gravel, topsoil or similar removal operations may be permitted in certain districts specified in this chapter, subject to the standards of this chapter and the following special standards.
(A) Permit required. Where sand, gravel, topsoil or other substances are proposed to be removed from the site where found to another site, an annual operating permit is required to be obtained from the Township Board, after approval of the special use by the Planning Commission.
(1) Application for permit. The following information must be submitted as a part of the special land use request, for use by the Township Board in determining whether an operating permit should be issued:
(a) Names and addresses of parties of interest in said premises setting forth their legal interest in said premises;
(b) Full legal description of the premises wherein operations are proposed;
(c) Detailed statement as to method of operation, such as wet or dry method, what type of machinery or equipment will be used and estimated period of time that such operation will cover;
(d) Detailed statement as to exactly what type of deposit is proposed to be extracted;
(e) Proposed method of filling excavation where quarrying results in extensive under-surface excavation; and
(f) Map prepared by a registered civil engineer or surveyor, at a scale of not more than 200 feet to the inch of the excavation area, and real property within one-half mile of such area with the names of the owners of record of such property, all residences and commercial establishments with such area and contour lines at not more than five-foot intervals. Such owner shall also present a map showing the proposed contours to which the excavation area would be established upon completion of the excavation operations.
(2) Permit fees. The sum established by resolution of the Township Board shall accompany the application for a mining and extraction permit. Said sum is to be used to defray the cost of engineering services, investigation, publication charges and other miscellaneous administrative expenses occasioned by processing such application. Permits issued by the Township Board shall be for a period of one year expiring December 31 each year, and such permits may be renewed by the payment of an annual inspection fee established by resolution of the Township Board. Such permits shall be renewed as herein provided for so long as the permittee complies with all of the provisions of this chapter or other conditions of this permit.
(3) Permits. After reviewing all of the information submitted by the applicant and such other information as may be in the hands of the Township Board, said Board shall at a regular meeting determine whether or not a permit will be issued. The permit shall be issued in the event the Township Board shall determine that the issuance of the permit would not detrimentally affect the public health, safety, morals and general welfare of citizens of the township.
(B) Required conditions. The following requirements shall be mandatory.
(1) Pit operations.
(a) Where any excavation in excess of five feet deep will result from such operations, the applicant shall erect a 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 gates shall be kept locked when operations are not being carried on.
(b) All interior roads used in connection with said excavation site shall be kept dust free by hardtopping with cement or bituminous substance. All ingress and egress to the site shall be directly onto a public road designated as a major or secondary thoroughfare on the township’s adopted thoroughfare plan and having a paved surface suitable for carrying Class A loadings on a year-round basis. Weights for Class A loadings shall be as defined by the County Weighmaster.
(c) The slopes of the banks of the excavation shall in no event exceed a minimum of seven feet to one foot (seven feet horizontal to 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 five feet.
(d) Where quarrying operations result in a body of water, the owner or operator shall place appropriate “Keep Out - Danger” signs around said premises not more than 200 feet apart. In order to protect water wells and the water supply of the township, the pumping or draining of water from such quarrying operations is absolutely prohibited. A drag line or other method of quarrying approved by the Township Board shall be followed.
(e) No cut or excavation shall be made closer than 50 feet from the nearest street or highway right-of-way line nor nearer than 50 feet to the nearest property line; provided however, that the Planning Commission may prescribe more strict requirements in order to give sublateral support to surrounding property where soil or geographic conditions warrant it.
(2) Regulations for stripping.
(a) No soil, sand, gravel, clay or similar materials shall be removed below a point six inches above the mean elevation of the center line of the nearest existing or proposed street or road established or approved by the County Road Commission, except as required for the installation of utilities and payments.
(b) No soil, sand, clay, gravel or similar materials shall be removed in such 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 topsoil shall be stockpiled on said site so that the entire site, when stripping operations are completed, may be recovered with a minimum of four inches of topsoil and the replacement of such topsoil shall be made immediately following the termination of the stripping operations. In the event, however, that such stripping operations continue over a period of time greater than 30 days, the operator shall replace the stored topsoil over the stripped areas as he or she progresses. In order to stabilize the replaced topsoil, the areas shall be seeded with an appropriate grass cover as replacement of topsoil progresses.
(C) Surety bond. The Township Board shall, to ensure strict compliance with any regulations contained in this section or required as a condition of the issuance of a permit either for mining or topsoil stripping, require the permitee to furnish a surety bond executed by reputable surety company authorized to do business in the state in an amount determined by the Township Board to be reasonably necessary to ensure compliance hereunder. In fixing the amount of such surety bond, the Township Board shall take into account the size and scope of the proposed quarry, probable cost of rehabilitating the premises upon default of the operator, estimated expense to compel operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all facts and circumstances surrounding each application.
(Ord. passed 10-11-2000) Penalty, see § 153.999