No waste disposal site, dump or landfill shall be allowed at any place in the Township of Egelston, except one which has been licensed by the State of Michigan pursuant to MCL 324.11501 et seq.

Stripping of topsoil, quarrying, gravel processing, sand processing, gravel mining, sand mining, mineral extraction, natural resource removal and major earth changes are prohibited in the Township of Egelston, except as special uses where designated by this chapter, or unless the land owner or occupier demonstrates to the Planning Commission that no very serious consequences will result, and the standards of this article and Article VI are met, requiring a special land use.

The standards and requirements contained herein are intended to complement the provisions of MCL 324.9101 et seq. Any topography alterations shall conform to the requirements of said act, where applicable.

Where the earth change is confined to landscaping that does not substantially change the topography, the area is less than one acre, no area becomes filled with water, and the project takes place at least 200 feet from a property line.

Temporary excavations which are directly related to construction of a building foundation, associated with a bona fide building permit; provided, however, that if under the discretion of the building administrator, such an excavation is of a significant nature, the provisions and regulations of §§ 450-403 and 450-404 shall apply. The determination of "significant" shall be based on a review of the standards of §§ 450-403 and 450-404.

All exceptions enumerated under this § 450-402 shall require a rehabilitation plan in accordance with § 450-405 of Article IV, said plan to be approved by the Building Official.

A site plan, including a contour map of the premises with recognizable dimensions, using no more than five-foot contours and indicating the nature of adjoining land uses, roads and all locations of any watercourses.

Plans for the number of acres and the timing of all operations, the type of mining, excavation, extracting or processing proposed to be conducted and the nature of the equipment used, the location of all buildings and installations, soil boring tests in sufficient numbers to indicate conditions satisfactory for lateral support, groundwater flow and the nature of the substrata in the area proposed to be used.

Proposed fencing, gates, parking and signs shall be noted on the site plan. The entire periphery of the active mining/extraction area shall be enclosed by a fence not less than eight feet high. Such fences shall be designed and maintained to prevent uncontrolled access and shall be free and clear of stockpiles.

The stripping of topsoil shall only require a site plan indicating the limits of soil removal, site features, method of removal, and an operational statement (§ 450-404) and rehabilitation plan (§ 450-405).

The approximate date of commencement of the excavation and the duration of the operation.

Proposed hours and days of operation.

Documentation which demonstrates that:

A statement of planned rehabilitation, including methods of accomplishment, phasing and timing.

A plan indicating: the final grade of the excavation; any water features included in the rehabilitation and methods planned to prevent stagnation and pollution; landscaping or vegetative planting, and areas of cut or fill. This plan shall be included with the site plan. For quarry applications, the final grade shall mean the approximate planned final grade.

A phasing plan, if the excavation of the site is to be accomplished in phases. This plan shall indicate the area and extent of each phase and the approximate timing of each phase.

The method of disposing of any equipment or structures used in the operation of the excavation upon completion of the excavation.

Whether or not the proposed operation and project is the most advantageous use of the land, resources and property and whether the character of the area in question is suitable for the said use.

Whether the activities and project proposed will have any adverse effect on surrounding property value and whether persons occupying surrounding or nearby properties will be subject to any nuisance whatsoever resulting from applicant's operations.

Whether the scarcity or the value of the minerals sought to be mined or excavated as compared with the effect upon the adjacent community justifies the proposed operation.

Whether very serious consequences will result from the activity.

The permit shall contain a time limit, at which time the permit must be renewed by the applicant and shall only be renewed upon compliance with the site plan and reclamation requirements made by the Planning Commission.

The permit shall require a performance bond in a reasonable amount per acre, the said amount to be that reasonably required to carry on reclamation or rehabilitation activities, based on a review of the materials required by the provisions of this chapter. Said bond may be transferred from one area to another on the premises in the event the application provides for staged or unit extractions.

The permit shall require the applicant to provide liability insurance for personal injury and property damage while any unreclaimed or unrehabilitated area exists on the premises in amounts which are reasonable, but not less than $100,000 for each person or property interest injured or damaged and not less than $300,000 for the total personal injuries or incidents of property damage arising out of one occurrence. Said insurance shall cover and protect against injury occurring on the site and upon properties adjacent thereto. The permit shall require that a copy of the policy shall be filed with the Township Clerk.

The permit shall require the removal of all installations, plants, buildings, foundations, stockpiles and equipment upon the cessation of mining or extraction operations or the expiration or revocation of a permit.

Provide for the appropriate location and development criteria for wireless communication support facilities and wireless communication antennae within the Township;

Allow and encourage the location of wireless communication support facilities in special zoning districts;

Minimize the adverse effects of such facilities through careful design, siting and screening criteria;

Maximize the use of existing and future wireless communication support facilities and encouraging multiple uses and collocation of such facilities;

Protect the character of residential areas throughout the Township from the effects of wireless communication facilities and preserve property values; and

Promote the public health, safety, and welfare.

Placed on or attached to any existing structure over 50 feet in height, which constitutes a principal or previously allowed special use, including existing communication towers and water towers, provided that any WCA shall not extend more than 20 feet above the tallest portion of the structure to which it is attached.

Placed on an existing utility or light pole which will serve as a wireless telecommunications facility and where the height of said existing pole or other structure is not increased more than 20 feet, and the existing pole and other structure is not proposed to be modified in a manner which would materially alter the pole or structure and/or result in an impairment of sight lines or other safety interest, provided:

Industrial Zones: I-1 and I-2.

R-5 Agricultural Zones.

Commercial Zones C-1 and C-2.

The facility shall comply with all applicable Federal Aviation Administration and the Federal Communications Commission requirements.

All WCTs shall be constructed in compliance with all applicable construction and safety codes and shall be certified as such by a professional structural engineer licensed in the State of Michigan.

All WCTs shall be set back from any property line or the boundary of a designated area in the site plan approved by the Planning Commission a distance of 1 1/2 their height, unless engineering plans and specifications have been verified by an engineer selected by the Township that the structural integrity of the tower will withstand high winds and impact and the likelihood of a tower failure is minimal, in which case the setback may be reduced to a distance not less than the fall zone as certified by the Township Engineer. The applicant shall incur all costs associated with the Township Engineering review.

Accessory equipment storage structures shall meet the size setback and height limitations of the underlying zone. No accessory equipment or structure shall be allowed in any rights-of-way, nor in any existing public or private easement without written authority of the easement holder.

The WCT shall not be used for advertising purposes and shall not contain any signage, except one which shall show the identity of the service provider and emergency telephone numbers. The sign shall not exceed two square feet in size, and shall be easily readable from ground level.

The WCT may be located on a zoning lot containing permitted other principal uses or approved special uses, provided that any applicable site plan shall be first reviewed and amended by the Planning Commission.

The WCT may be located within an area smaller than the minimum lot size of the underlying zoning district, provided the above-required setback is met. The said area shall be designated and identified by the Planning Commission in the site plan. The area within which the WCT is located shall be the area subject to the requirements of this section, rather than the entire zoning lot, unless otherwise provided herein, or reasonably required by the Planning Commission. However, the designated area shall continue, subject to the zoning requirements of the entire lot, unless specifically excepted by the Planning Commission.

Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible. The WCT shall have a landscaped buffer so that the base of the WCT and accessory equipment structure shall be screened from any right-of-way, residential use, or residential zoning district. Such landscaped buffer shall be placed on the site in a manner which will maximize the aesthetic and environmental effects, while at the same time providing the required visual buffer. The landscaped buffer shall consist of hedges planted leaf to leaf which shall reach a height of not less than six feet at maturity and conifer trees planted on 15-foot centers along the approved buffer. Requirements may be modified by the Planning Commission as appropriate for the specific site, including, without limitation, a modification in the required buffer landscape to permit filtered views into the site for safety purposes.

The application shall contain information showing the geographic search area within which the proposed WCT must be located and shall also provide locations of all structures of similar height within and adjacent to the search area.

WCTs shall not have a shiny or reflective finish.

The WCT shall not exceed 200 feet in height, including any antenna.

If located on the same zoning lot with another permitted use, the WCT shall not be located in a front yard abutting a street.

Legal access to the WCT shall be provided for purposes of tower maintenance, inspection, safety, and emergency purposes regardless of other developments that may take place on the property. Said access shall be maintained such that reasonable entry to the WCT for the above purposes is possible throughout the year.

Towers shall not be artificially lighted unless required by the FAA. When lighting is required by the FAA or other federal or state authority, it shall be oriented inward so as not to project onto surrounding property or the site shall be landscaped to mitigate light impact.

All exterior building material shall be compatible with surrounding structures. Towers, guy wires, and other supports shall be enclosed by a continuous security fence not less than six feet in height.

Monopoles may be required by the Planning Commission if it is deemed to be more aesthetically compatible with the area than a lattice pole.

Antenna and metal towers shall be grounded for protection against a direct strike by lightening and shall comply as to electrical wiring and connections with all applicable state and local statutes.

Tower owners shall provide maintenance and safety reports to the Township's Building Official on a schedule determined by the Planning Commission.

A written maintenance plan shall be filed and made a condition of the site plan.

Proof of responsibilities in the case of abandonment shall be submitted with the application, including, without limitation, lease provisions.

A written consent by all owners of the land to approval of the use and site plan, including the lien provided by this chapter.

The replacement WCT shall not exceed a total height of 200 feet or, if the existing WCT has an approved height greater than 200 feet, the replacement WCT shall not exceed the approved height.

The replacement WCT shall be located within the same zoning lot as the existing WCT and shall be located to comply with existing minimum yard requirements, as well as the designation permitted or required by § 450-411G.

The existing WCT shall be removed within 90 days of completion of the replacement WCT and the relocation or installation of the WCA.

If the location of the replacement WCT is such that the existing WCT must be moved before the replacement WCT is constructed, temporary portable antennae support facilities may be used, but must be removed within 30 days of the completion of the replacement WCT and the relocation or installation of the WCA.

Insufficient structural capacity of existing WCTs or other suitable structures and inability to reinforce or replace an existing WCT;

Unavailability of suitable locations to accommodate system design or engineering on existing WCT or other structures;

Radio frequency interference or other signal interference problems at existing WCT or other structures; or

The cost of using an existing WCT or other structure exceeds the costs of permitting and constructing a new WCT.

Inability after an effort, determined by the Planning Commission to be in good faith, to reach agreement with the existing tower, land or structure owner.

Other factors which demonstrate the reasonable need for the new WCT.

The applicant must include in the application an affidavit stating space on a proposed tower will be made available to future users when technically possible.

Future applicants wishing to locate an antenna requiring placement on a WCT shall attempt to utilize existing tower space. In the event existing tower space is technically unfeasible or unavailable, the applicant shall provide written certification detailing the basis for same.