§ 2.13 SAND, GRAVEL, AND MINERAL EXTRACTION.

   Sand, gravel, coal , topsoil, and mineral deposits are non-renewable natural resources which are necessary and beneficial to the economy of the township and the region. The standards in this section are intended to assure removal of such resources occurs in a manner that is compatible with existing and planned development of the township and to ensure the proper restoration of the land.

   A.   Review and approval process.

      1.   Permit required. Permits shall be required for all extractive operations. Permits may be approved for a one year period by the Township Board after recommendation by the Planning Commission .

         a.   Permit renewal. Unless the owner or operator of the extractive operation ignores or violates any conditions of approval, the permit may be renewed for one year periods, subject to the master plan and timetable requirements in § 2.13(B)(4). If the extractive operations vary from the approved timetable, a public hearing shall be required prior to permit renewal pursuant to § 29.03(C) to determine if the extractive operation with the new timetable continues to comply with the standards for special land use approval.

         b.   Exception to permit requirement. A permit shall not be required for normal land balancing related to building site development , or for excavation of a basement or building foundation.

      2.   Special land use approval. Proposals for extractive operations shall be reviewed in accordance with the procedures for special land use review in § 29.03.

      3.   Performance guarantee . Submittal of a performance guarantee , in accordance with § 2.18, may be required as a condition of approval of any sand, gravel, or other extractive operation.

      4.   Inspections. To ensure compliance with Ordinance requirements, the Building Official shall conduct periodic inspections and shall file a written notice to the permit holder if a violation is found. Thirty days prior to the renewal date of permit, the Building Official shall file a written report with the Township Board on the status and compliance of the operation.

      5.   Violations. In the event of deviation from an approved plan, the Building Official shall notify the permit holder of a violation. Failure to correct the violation within 30 days shall automatically void any permits issued, and shall prevent the issuance of new permits until such time as the violation has been corrected. Appeals from a decision of the Building Official regarding an alleged violation shall be directed to the Township Board .

      6.   Agreement. Before the issuance of a permit, the applicant and township shall enter into an agreement stipulating the amount and disposition of a fee for regulation, inspection, and administration of the special land use permit. Said fee may be based on the acreage mined or amount of mineral or other material extracted. The final settlement of the fee shall be specified in the written agreement.

   B.   Application data requirements. Applications for a permit for sand, gravel, or other extractive operations shall include the following information, in addition to all information required as a part of site plan review and special land use review:

      1.   Aerial photograph. A vertical aerial photograph, enlarged to a scale equal to one inch equals 200 feet, from an original photograph at a negative scale no smaller than one inch equals 1,000 feet. The area covered by the vertical aerial photograph shall include: all land included in the petition; all contiguous land which is proposed to be used or has been used by the owner or leasehold applicant for any extraction, treatment or storage; and, all public roads which can provide first point of access. Each such area or feature shall be delineated on the aerial.

      2.   Survey. Five copies of a land survey, prepared by an engineer or surveyor certified by the State of Michigan to prepare such survey, drawn to a scale of one inch equals 200 feet. This survey shall include the boundary of the entire tract by courses and distances, boundary of the area where the extraction is proposed, and the means of vehicular access to the proposed operation. An estimate of the quantity of excavation shall also be provided.

      3.   Watershed report. A report by a qualified soil scientist, soils engineer, or geologist regarding the effect the proposed operation will have upon the watershed. Particular attention shall be focused on the impact on the water table and groundwater recharge. The report shall indicate if water bodies are to be created and the anticipated permanence of such.

      4.   Master plan and timetable. A master plan for the extraction of the natural resource deposits. The plan shall include a timetable for various stages of the operation and detailed restoration plan indicating how the parcel will be reused for a use permitted in the zoning district in which the operation is located. A timetable for extraction and restoration shall be included for each yearly permit requested; subsequent requests shall include an evaluation of work completed in the preceding year. The restoration plan shall specify the proposed use of the parcel , the proposed topography drawn at contour intervals of two feet, indication of water bodies and other major physical features, and the delineation of areas intended to be partitioned or subdivided, including a preliminary subdivision layout.

      5.   Access routes. An explanation of the access routes which will be used, together with an estimate of the size, weight, and frequency of trips. The proposed routing shall be submitted to the Ingham County Department of Transportation and Roads (ICDTR) for review. The township shall report any circulation or routing problems to the applicant and (ICDTR). After consultation with the (ICDTR), the township may require use of alternate access routes or limited use of existing problem routes.

      6.   Information required by outside agencies. All information required for submittal by state or federal agencies having jurisdiction over the operation.

      7.   Site plan. A site plan, drawn to scale and sealed by a registered professional engineer, and including all information required for site plan review (§ 29.02) and special land use review (§ 29.03), in addition to the following information:

         a.   Boundaries of the site and adjacent parcels .

         b.   Locations and names of all streams, drains, roads , railroads, utility lines, and pipelines on or adjacent to the site.

         c.   Location of all structures within 1,000 feet of the boundaries of the site, present owners and occupants of such structures , and current use of each structure .

         d.   Location, extent, and depth of proposed extractive operations.

         e.   Location of proposed mines, wastedumps, tailing ponds, sediment basins, stockpiles, structures , roads , railroads, utilities, and other permanent or temporary facilities to be used in the extractive operation.

         f.   Estimated depth to groundwater.

      8.   Description of proposed extractive operations. Plans and written documentation prepared by a registered professional engineer describing the proposed extractive operation, including the following:

         a.   A description of the material(s) to be extracted.

         b.   A description of the extraction and processing equipment to be used.

         c.   A description of measures to be taken to control noise and vibrations from the operation.

         d.   A statement of the hours of operation.

         e.   A description of measures to be taken to buffer or screen the operation from view.

         f.   Proposed primary travel routes to be used to transport the extracted material to processing plants or away from the property.

         g.   A description of the plans for topsoil storage.

         h.   A description of probable hydrologic consequences, including plans to dewater any portion of the mined area, the amount of groundwater affected and method of disposal, such as, pumping into county drains or other water bodies.

         i.   A timetable for commencement, duration, and cessation of extractive operations.

      9.   Reclamation plan. (revised 1/12/2010)

         All extraction areas shall be reclaimed progressively as they are worked out. Reclaimed sites shall be reasonably natural and inconspicuous, lacking in any hazards and left in a condition that they can be reused for a use permitted in the district in which the site is located. All slopes and banks shall be graded to angles which do not exceed those found in the natural topography of surrounding areas, and they shall be treated to prevent erosion.

         All applications for extraction operations shall attach a reclamation plan, which shall include all information required by any state or federal agency having jurisdiction, as well as the following:

         a.   Description and location of each phase, number of acres included in each phase, estimated starting and termination dates of each phase and the amount of time that will be required to complete the entire reclamation operation.

         b.   Provisions for grading, drainage, (especially agricultural field tiles) revegetation, and stabilization that will minimize soil erosion, sedimentation, and public safety problems.

         c.   Description of proposed future land uses.

         d.   Description of plans for disposition of all structures , roads , drains or related facilities after cessation of the extractive operation.

         e.   A plan for disposal or treatment of all harmful or toxic materials found in any formations penetrated by the extractive operation or produced during the processing of minerals on the site and of chemicals or materials used during the extractive, processing, or reclamation operations.

         f.   All information required as part of a reclamation plan that is required by state or federal law, such as the Surface Mining Control and Reclamation Act, Public Law 95-87.

      10.   Additional information. Any additional information deemed necessary by the Planning Commission or Township Board to determine the nature of the operation and its effect on surrounding area to determine compliance with the requirements set forth herein.

      11.   Compliance with subsection C. A detailed explanation of how the applicant intends to comply with the operating requirements contained in subsection C, following.

   C.   Operating requirements. A sand and gravel extraction permit shall not be issued unless the applicant demonstrates that the operation will comply with all of the following requirements:

      1.   General requirements. The removal of materials by excavation , stripping, mining or another method, and the on-site operations appurtenant to the extraction, including washing, grading, sorting, crushing, and grinding operations, shall be carried on within the limits of an area approved for such activities. All extraction from new pits begun subsequent to the effective date of this Ordinance shall be washed, graded, and further processed and stored within the limits of the area approved. No natural resource extracted outside the limits of this area shall be brought in for washing, grading, or further processing, except in instances where the Township Board , following Planning Commission recommendation, finds that such activities will not conflict with the reasonable use and development of neighboring properties. Resource-related industries including, but not limited to, concrete batch plants and asphalt mixing plans, shall not be permitted as a part of the operation unless specifically approved and regulated as an accessory operation to the principal permitted use .

      2.   Setbacks. No topsoil, earth, gravel, or sand shall be removed, and no excavation , washing and stockpiling of extracted material shall be conducted closer than 300 feet to the outer boundary of the area approved for extractive operation, or closer than 500 feet to any residentially zoned or used district. This setback may be reduced upon making the determination that the operations can still be carried out in a manner that is compatible with surrounding land use. Extractive operations shall not encroach upon required setback areas.

      3.   Control of off-site impacts. 

         In order to reduce the effects of airborne dust, dirt, and noise, all equipment for sorting, crushing, grinding, loading, weighing, and other operational structures shall not be built closer than 300 feet from any public street  right-of-way line or adjacent property lines . This setback may be reduced upon making the determination that the operations can still be carried out in a manner that is compatible with surrounding use.

         Driveways , parking lots, and loading and unloading areas shall be paved, oiled, watered, or chemically treated to limit the nuisance caused by wind blown dust. Trucks hauling extractive materials to or from the site shall be loaded and covered in accordance with all applicable state and county and local regulations.

         Private access roads serving the operation shall be paved or treated to create dust-free surfaces for a distance of 300 feet from any public access road . Arrangements shall also be made to minimize dust on public access routes traveled in the township .

      4.   Frontage and access.

         Extractive operations shall be located on parcels having minimum frontage of 250 feet on an arterial or collector road .

         The Township Board shall approve routes for truck movement in and out of the facility in order to minimize the wear on public streets , to prevent hazard and damage to properties and to avoid densely populated residential areas.

         Entrance ways shall be no closer than 500 feet to the intersection of the right-of-way of any two public streets .

      5.   Fencing. The entire site shall be fenced with a six-foot high fence with suitable gates. “KEEP OUT - DANGER” signs shall be posted at 200 foot intervals along the perimeter. The gate shall be locked at all times when the site is not in use or when an attendant is not present.

      6.   Slopes. Finished slopes shall be no steeper than three feet horizontal to one foot vertical (3:1). Where ponded water is created as a result of extraction, the 3:1 slope shall be extended into the water to a depth of five feet. The slope requirements shall be met as the work in any one section of the excavation proceeds. Stockpile slopes shall be no steeper than 45 degrees.

      7.   Fill material. No garbage or refuse of any nature shall be used for fill . Only the following materials may be used for fill : sand, gravel, clay, topsoil and other clean earth materials which provide a suitable base for future building sites.

      8.   Liability. The owner or operator shall maintain liability insurance with the township named as an insured party, and the township shall be indemnified and held harmless in respect to any liability and claims which may arise in conjunction with the extractive and reclamation operations. Proof of such insurance in the form of a certificate issued by an insurance company licensed to do business in Michigan shall be submitted to the township . The policy shall remain in full force and effect during the term of the permit and renewal, including all reclamation operations.

      9.   Gravel roads . Gravel roads which are within 300 feet of occupied residences shall not be used for ingress and egress to the excavation site. However, the owner or operator of the extractive operation may arrange at his or her expense to have such roads paved, subject to Ingham County Department of Transportation and Roads approval.

      10.   Removal of structures and equipment. All buildings , structures and equipment shall be removed within six months after completion of the excavation , unless otherwise permitted by the Planning Commission .

      11.   Hours of operation. Mining, processing, and reclamation activities shall occur only on Monday through Saturday during the following times:

         a.   Processing and stockpiling of aggregates shall occur only between the hours of 7:00 a.m. and 9:00 p.m.

         b.   Mining or extracting operations shall occur only between the hours of 7:00 a.m. and 6:00 p.m.

         c.   Equipment maintenance and repair shall occur only between the hours of 7:00 a.m. and 9:00 p.m.

      12.   Top soil replacement. All top soil shall be stockpiled on the site so that the entire area may be recovered with a minimum of three inches of top soil when excavating operations are completed. No topsoil shall be removed from the extraction site or sold. The top soil replacement shall occur immediately following the termination of extraction operations. All replaced top soil shall immediately be planted with grass or other plant material acceptable to the township so as to prevent erosion. Lands under water or in approved beach areas are excluded from top soil replacement and planting requirements.

      13.   Explosives.     (revised 1/12/2010) Explosives shall be used in accordance with applicable state and federal regulations.

      14.   Soil erosion and sedimentation control. All extractive operations shall comply with the soil erosion and sedimentation control requirements of Ingham County and the Michigan Department of Environmental Quality.

      15.   Lighting. Adequate security lighting shall be provided on the site. Lighting shall comply with the requirements of § 2.12.

      16.   Pollution control. The proposed extractive operation shall comply with applicable local, state, or federal environmental and pollution control laws and standards, including air, water and natural resources protection standards of the Michigan Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended, and applicable standards in Article 9.00 of this Ordinance. Operations shall not cause pollution of surface or subsurface water bodies.

      17.   Buffer zone. Where deemed necessary by the Planning Commission , a berm and/or greenbelt in accordance with Article 5.00 shall be provided to screen the extractive operation from residential uses located within 1,000 feet of the operation.

(Ord. passed 7-9-2013)