The intent of this article is to:

(1)

Ensure that nuisances and hazards are not created due to the removal of sand, gravel, topsoil, clay, marl, minerals or deposits of such materials, including any wastes and fill materials and that property will be left in a usable condition when such operation is completed; and

(2)

Recognize the consideration of adverse effect upon property values as a criterion in limiting permits for such operations.

(Ord. No. 90, § 22.01, 12-24-2016)

(a)

Sand, gravel, topsoil, clay, marl, minerals or other similar material herein referred to as earth solids, and waste or fill material in excess of 100 cubic yards in one year, shall not be removed, deposited or relocated in or from lands in township, without a permit issued by the township board.

(b)

This article shall not apply to removal or relocation of earth solids in connection with:

(1)

Removal or relocation directly necessary to a building when a building permit has been issued and is in effect for such project, with a limit of 4,000 cubic yards.

(2)

Construction, operation and maintenance by public utilities.

(3)

Construction, operation and maintenance by governmental agencies and municipal corporations.

(4)

Uses accessory to another lawful use, including parking, landscaping, gardening and similar accessory uses to a maximum of 800 cubic yards of earth solids.

(5)

Projects incidental to an accessory to farming operations.

(6)

Residential construction and improvements carried out pursuant to a plat duly approved and recorded pursuant to the Land Division Act, MCL 560.101 et seq., or the Condominium Act, MCL 559.101 et seq.

(Ord. No. 90, § 22.02, 12-24-2016)

Mineral removal shall be allowed to be conducted upon issuance of a mineral removal permit issued pursuant to the procedures for issuance of a special use permit by the township board in the AG-P Primary Agriculture and M-1 and M-2 Industrial Districts.

(Ord. No. 90, § 22.03, 12-24-2016)

Any person desiring to obtain a mineral removal permit shall first file a written application therefor with the township clerk, including all information required by article X of this chapter, including:

(1)

Names and address of petitioner.

(2)

Legal description of land involved.

(3)

Maximum amount of material to be moved, removed, deposited or relocated.

(4)

Type of material to be moved, removed, deposited or relocated or used for fill material.

(5)

Measures to be taken by applicant to control noise, vibration, dust and traffic.

(6)

A description of any traffic control devices, public facilities or public services which will be required by the proposed operations and a statement as to how and by whom the applicant proposes that the cost be paid.

(7)

Any measures which the applicant proposes to take to ensure public safety, the exclusion of children and the lateral support of surrounding land and structures.

(8)

The time required for the proposed operations.

(9)

A detailed description, by maps or otherwise, showing the contour and conditions of the lands as the applicant proposes to leave them upon completion of the operations. This shall include a statement of any landscaping to be done or other stabilization control to be employed to leave the premises in a reasonably level and usable condition, and to prevent erosion, dust and unsightly conditions.

(Ord. No. 90, § 22.04, 12-24-2016)

Upon receipt of a complete application, the application shall be transmitted forthwith by the township clerk to the planning commission for its advice and recommendation, and no action shall be taken by the township board until the township clerk has received a report from the planning commission. The recommendation of the planning commission shall not be binding upon the township board. Either the township board or the planning commission may make suggestions regarding amendment of the application by the applicant, and no application which has been amended in pursuance of any such suggestion need to be referred to the planning commission a second time as a result of such amendment.

(Ord. No. 90, § 22.05, 12-24-2016)

No permit shall be issued unless the township board, after considering the application and the recommendation of the planning commission, if any, and after giving the applicant an opportunity to be heard in person or by counsel, shall find that the proposed operations will:

(1)

Not likely cause any dangerous, unsanitary, or unhealthy conditions;

(2)

Impose no undue financial burden on the township;

(3)

Not likely create any public nuisance;

(4)

Not likely be conducted in violation of any state laws or township ordinances;

(5)

Have adequate assurances in place that the premises will be left in such condition as will protect the site and lands from erosion;

(6)

After completion of the operation, the lands will be at least as usable for the purposes permitted by this chapter as at the time of granting of the permit;

(7)

The operation will not have any permanent material adverse impact upon the surrounding neighborhood and township; and

(8)

Any other factors which may bear on the public health, safety, welfare in the particular situation have been adequately addressed.

(Ord. No. 90, § 22.06, 12-24-2016)

The township board shall include in any permit issued only for the lands described in the application, specific reasonable terms, conditions and requirements for removal and relocation of earth solids, waste or fill material, including the condition and contours in which the premises or lands shall be left at the termination of the permitted project. When it is appropriate, ground covers and similar conservation practices, in accordance with the recommendation or guidelines set by the U.S. Soil Conservation Service, MEQD or the county drain commissioner, shall be required for the restoration and preservation of the premises.

(Ord. No. 90, § 22.07, 12-24-2016)

Permits shall be effective for a period of one year only, unless some other shorter term shall be stated in such permit. Upon reapplication, the permit may be renewed. The township board shall establish procedures for the annual review of operations and issuance of any renewal as a condition of the permit when requested by the applicant, otherwise a renewal request shall be processed in similar fashion as a new application.

(Ord. No. 90, § 22.08, 12-24-2016)

As a condition of granting the permit, the township board shall require an applicant to post a surety bond, or other adequate assurances, in such reasonable amount and upon such reasonable terms as the township board may determine, taking into consideration the scale of the operation, cost involved in rehabilitation, court costs and other reasonable expenses, for the purpose of assuring the public that the terms and conditions of the permit as issued will be complied with. The form of such bond or assurance shall be approved by the township attorney.

(Ord. No. 90, § 22.09, 12-24-2016)

When the township board reaches a decision on the application, the applicant shall be advised thereof in writing by clerk.

(Ord. No. 90, § 22.10, 12-24-2016)

A permit may be revoked upon finding by the township board that:

(1)

The applicant operates in any manner inconsistent with the statements in the application or by amendment thereto or fails to comply with any special requirements which the township board may order set forth in the permit to protect the public health safety and welfare in the general circumstances of the situation.

(2)

It appears that any of the findings of compliance with the standards set forth in section 40-613 could not be made if the matter were then before the township board for decision.

(Ord. No. 90, § 22.11, 12-24-2016)

The applicant shall be given written notice, mailed or personally served, at least five days prior to the date of the meeting of the township board at which revocation is considered, and shall be granted the opportunity to be heard in person or by counsel. The notice shall specify the date, time and place of the meeting at which revocation will be considered and inform the applicant of the reason or reasons why the revocation is under consideration and of the applicant's right to be heard either in person or by counsel. Revocation of a permit shall not exempt the applicant from punishment for violation of this article as hereinafter provided.

(Ord. No. 90, § 22.12, 12-24-2016)