Yankee Springs Township
City Zoning Code

A.

Affected areas: All parcels of land within Yankee Springs Township, whether platted or unplatted shall be governed by the requirements and regulations of Article XII.

B.

Applicable regulations—Buildings: No building or structure shall be erected, nor shall any existing building or structure be altered, enlarged, moved or rebuilt except in conformity with all location regulations which apply to the zoning district in which such building or structure is located.

C.

Applicable regulations—Open Space:

1.

No open space surrounding any building or structure shall be encroached upon or reduced in any manner except in conformity with the yard, lot, area, and location regulations which apply to the zoning district in which such open space is located.

2.

No overlap: No yard or other open space provided near or surrounding any building or structure, for the purpose of complying with the provisions of this ordinance, shall be considered as a yard or open space for any other building or structure.

D.

Construction standards: All buildings shall be constructed and maintained by the applicable state building codes.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022)

No building, structure or other improvement shall be erected, placed, altered or excavation started until a building permit for such erection or alteration has been received.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022)

These standards shall not apply to any manufactured house located within a licensed manufactured housing community except to the extent required by state law or otherwise specifically required in Article III concerning manufactured housing communities.

1.

Certificate of occupancy:

a.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or part of a building for which a building permit was issued until a certificate of occupancy has been granted.

b.

The issuance of a certificate of occupancy shall not be construed as permitting any violation of this ordinance.

2.

Number of dwellings per parcel: Only one (1) dwelling shall be constructed on a lot or parcel which is zoned for residential purposes, except as may be allowed elsewhere in this ordinance.

3.

Exterior dimensions:

a.

Minimum width: No new dwelling shall be constructed, or located on any lot or parcel, nor shall any existing dwelling be replaced with a new dwelling, unless the new dwelling shall have a core area within the structure of at least twenty-four (24) feet by twenty-four (24) feet as measured on the exterior.

b.

Height exceptions: The following exceptions shall apply to the height limits for all zoning districts as required by this ordinance:

(1)

Residential exceptions: Chimneys, elevator towers, mechanical equipment, flag poles, antennae for personal use, and similar structures, none of which are to include habitable space, shall not be included in calculating the height of the principal building, provided that the total area covered by such structures shall not exceed twenty (20) percent of the roof area of the principal building.

(2)

Residential limit: The items in subsection c. (1) above shall not exceed forty-five (45) feet from the finished grade, fifty-four (54) feet for dwellings with walk-out basements (per subsection b. (5) above), prior to construction. The only exception to this standard shall be antennae for personal use.

(3)

Public/semi-public exceptions: Church spires, public monuments, and water towers shall not be included in calculating the height of the principal building.

(4)

Farm exceptions: Barns, windmills, silos, and other nonresidential structures related to agricultural production shall not be subject to the height limits of this ordinance.

(5)

Towers and turbines: Wireless communication towers, television and radio antennas, and wind turbines approved by the township as a special exception use may be allowed to exceed the height limit of the zoning district provided they adhere to the standards provided within this ordinance and do not create a hazard to the public health, safety, or welfare.

(6)

Special exception uses: If any of the above listed structures or uses are considered special exception uses, the planning commission reserves the right to specify the height limit when granting the special exception use approval.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022)

1.

State Highways and Patterson Road: Every dwelling or structure shall be setback at least thirty-five (35) feet from all state highways and Patterson Road.

2.

Special setback requirements:

a.

Residential Lake Front (RLF) zoning district:

(1)

Street/road side (rear yard):

(a)

Every dwelling or structure shall be setback at least twenty-five (25) feet from the public or private road right of way or easement boundary line, except Patterson Road and M-179 which shall be thirty-five (35) feet.

(b)

If the average setback of the dwellings or structures three hundred (300) feet on each side of the subject property is less than twenty-five (25) feet from the public or private road right of way or easement boundary line, then this average shall be the setback for the subject property.

i.

In no case shall the dwelling or structure be permitted to be closer than ten (10) feet from the public or private road right of way or easement boundary line.

ii.

For the purposes of administering this requirement and measuring distances for the average setback, distances may be measured from the edge of the as-traveled roadway and confirmed by the zoning administrator for accuracy. Except as indicated elsewhere herein, the setback requirement shall be taken from the road right of way or easement boundary line.

(c)

Where the road as traveled (the actual location of pavement or gravel) has been established outside the boundaries of the right of way or easement and is located on private property, the setback distance shall be measured from the closest edge of the as traveled road.

(d)

Where a road right of way or easement boundary line does not exist or cannot reasonably be determined, the setback measurement shall be taken from the closest edge of the as traveled road, including measurements necessary to determine the average setback of the adjacent structures, if necessary.

(2)

Waterfront (front yard): All dwellings or other principal building/structures and accessory building/structures, including any alteration of existing such buildings/structures, shall at a minimum be set back from the high-water shoreline of the lake, pond, stream, or river, the greater of:

(a)

Twenty-five (25) feet; or,

(b)

The average setback of the nearest existing dwellings or other principal buildings/structures on each side of (adjacent to) the lot at the time of application for a building permit.

b.

Gun Lake Residential Lake Front zoning district:

(1)

Street/road side (rear yard):

(a)

Every dwelling or structure shall be setback at least twenty-five (25) feet from the public or private road right-of-way or easement boundary line.

(b)

If the average setback of the dwellings or structure three hundred (300) feet on each side of the subject property is less than twenty-five (25) feet from the public or private road right-of-way or easement boundary line, then this average shall be the setback of the property.

i.

In no case shall the dwelling or structure be permitted to be closer than ten (10) feet from the public or private road right-of-way or easement boundary line.

ii.

For the purposes of administering this requirement and measuring distances for the average setback, distances may be measured from the edge of the as traveled roadway and confirmed by the zoning administrator for accuracy. Except as indicated elsewhere herein, the setback requirement shall be taken from the road right of way or easement boundary line.

(c)

Where the road as traveled (the actual location of pavement or gravel) has been established outside the boundaries of the right of way or easement and is located on private property, the setback distance shall be measured from the closest edge of the as traveled road.

(d)

Where a road right of way or easement boundary line does not exist or cannot reasonably be determined, the setback measurement shall be taken from the closest edge of the as traveled road, including measurements necessary to determine the average setback of the adjacent structures, if necessary.

(2)

Waterfront (front yard): All dwellings or other principal building/structures and accessory building/structures, including any alteration of existing such buildings/structures, shall at a minimum be set back from the high-water shoreline of the lake, pond, stream, or river, the greater of:

(a)

Twenty-five (25) feet; or,

(b)

The average setback of the nearest existing dwellings or other principal buildings/structures on each side of (adjacent to) the lot at the time of application for a building permit.

c.

Residential Single-Family (RSF) zoning district: Front yard setback requirements along all road frontages shall be the same as those along the road frontages (rear yards) in the Residential Lake Front (RLF) zoning district (see section 12.4.3.a.(1) above).

d.

Industrial (I-1) zoning district: In the Industrial (I-1) zoning district, every building shall be located no closer than:

(1)

One hundred fifty (150) feet from any residential zoning district.

(2)

No commercial or industrial use shall be made of the setback area.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 02-01-2016; § II, 2-11-2016; Ord. No. 05-02-21, §§ III, IV, 5-13-2021; Ord. No. 12-08-2022, § IV, 12-8-2022; Ord. No. 08-10-2023-1, § II, 8-10-2023)

1.

Lots, parcels, or building sites created before November 29, 1979, shall be recognized as buildable, except for platted out lots which are non-buildable.

2.

Lots, parcels, or building sites that front on bodies of water shall be required to maintain a minimum frontage along the water equal to seventy-five (75) feet at the ordinary high-water mark.

3.

Road frontage shall satisfy the minimum lot width standard for the zoning district. Lots, parcels or building sites located on the bulb end of cul-de-sacs or on curves, as determined by the planning commission, may have less than the required road frontage but must still maintain the minimum required lot width.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 12-08-2022, § IV, 12-8-2022; Ord. No. 08-10-2023-1, § II, 8-10-2023)

A.

Measurements for building coverage shall be taken to the edge of the exterior walls and shall not include projections from the structure (such as bay windows or chimneys).

B.

Maximum building coverage shall be the amount of the lot which is covered by the total footprint of buildings, attached and detached accessory structures, roofed porches, roofed decks and roofed patios divided by the lot area.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 09-01-2018, § II, 9-13-2018; Ord. No. 12-08-2022, § IV, 12-8-2022)

For the purposes of maintaining orderliness and property values, especially in residential zoning districts, consistent with the goals and objectives of the township land use plan, while providing adequate area for personal storage, the following provisions are intended to regulate the location of outbuildings customarily incidental to principal permitted uses.

1.

Definition of outbuildings: An outbuilding shall include all nonattached buildings and structures customarily incidental to the principally permitted use on site including, but not limited to, gazebos, garages, pole barns, carports, storage buildings and sheds, greenhouses and screened in structures. It shall not include dwellings.

2.

General requirements:

a.

The requirements of this section shall apply to all outbuildings in the Rural/ Agriculture (RA), Rural Residential (RR), Suburban Residential (SR), Residential Single-Family (RSF), Multi-Family (RMF), Residential Lake Front (RLF), and Gun Lake Residential Lake Front (GLRLF) zoning districts.

b.

Neither a manufactured home nor a recreational vehicle shall be used as an outbuilding.

c.

An outbuilding shall not be used as a dwelling.

d.

An outbuilding associated with a permitted and approved farming operation shall be exempt from the requirements of this section.

3.

Permitted uses: An outbuilding shall be permitted by right and be able to be approved by the zoning administrator if it satisfies one (1) or more of the following criteria:

a.

The outbuilding is located on the same lot as the principal dwelling.

b.

The outbuilding is located on the same side of a road as the principal dwelling if the lot is bisected by a road.

c.

The outbuilding is located on a lot that is at least two (2) acres in size.

d.

The principal structure already exists on the lot.

e.

If the principal structure does not already exist on the lot, the permit for the principal structure has already been approved or is being approved concurrently with the permit for the outbuilding.

4.

Special exception uses: Any outbuilding failing to meet the size, height, building coverage, or location requirements of this Article, or is located on an otherwise vacant lot, may be allowed as a special exception use, required to be approved through the special exception use process in Article IV.

5.

Design standards: In order to be approved as a special exception use under subsection 4. above, an outbuilding must satisfy the standards below:

a.

To the extent possible, the outbuilding shall be located to the rear of the site with sufficient room provided within the required setbacks to construct a principal structure in front of the outbuilding in the future and continue to use the outbuilding.

b.

The outbuilding shall not be located on a vacant waterfront lot. If the vacant waterfront lot is bisected by a road, the outbuilding shall not be located on the waterfront side of said lot.

(1)

Gazebos, three-season rooms, pump houses, and similarly related outbuildings may be permitted on a lot by itself and/or on a waterfront lot in the front yard with the approval of a special exception use, Such approval shall consider the impact of the proposed development on the adjacent properties and their abilities to view and enjoy the water. Pump houses not exceeding thirty-six (36) inches in height may be allowed within the required front yard near the water's edge.

6.

Development standards:

a.

Setback and dimensional requirements:

(1)

All outbuildings shall be subject to the setback and lot coverage limits set forth in this ordinance that are generally applicable to principal buildings and structures.

(a)

In the Residential Lake Front (RLF) and Gun Lake Residential Lake Front (GLRLF) zoning districts, no outbuilding shall be located in the front yard, unless otherwise stated herein.

(2)

Maximum height: Except in the Rural/Agriculture (RA) zoning district, the height of an outbuilding shall not exceed sixteen (16) feet from the finished grade to the bottom of the eaves, as measured at the exterior wall. If there are multiple sets of eaves, the measurement shall be taken to the uppermost set of eaves that extend for greater than fifty (50) percent of the width of that side of the structure.

(a)

The height of an outbuilding that is depressed into the grade shall be measured from the average finished grade from each side of the structure.

(3)

Maximum square footage: The total combined floor space of the outbuilding(s) shall not exceed the limits set for in the following schedule:

b.

Temporary outbuildings: Outbuildings may be allowed on a temporary basis without a permit at the discretion of the zoning administrator. Temporary outbuildings shall be removed within fourteen (14) days and shall satisfy all setback requirements of the district.

7.

Outbuilding guest quarters:

a.

Outbuilding guest quarters are intended to provide temporary living space within an outbuilding for guests of the occupants of the principal dwelling to which the guest quarters are accessory.

b.

To be approved as a special exception use all outbuilding guest quarters must comply with the following requirements:

(1)

Outbuilding guest quarters must be located within an outbuilding which is being or has been approved.

(2)

An outbuilding with guest quarters must provide for adequate parking.

(3)

Outbuilding guest quarters may have sleeping areas, bathrooms and common areas. Kitchens are not allowed.

(4)

Outbuilding guest quarters may not have an area larger than four hundred and eighty (480) square feet.

(5)

No more than one outbuilding with guest quarters may be located on a lot.

(6)

Guest quarters shall be used only to house guests of the occupants of the principal dwelling to which the guest quarters are accessory.

(7)

Guest quarters shall not be leased or rented for occupancy, or otherwise used for any commercial purpose.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 02-23-2023, § I, 2-23-2023)

A.

General requirements:

1.

The height of any railing shall not exceed forty-eight (48) inches from the floor of the deck to the top of the railing.

2.

Steps exceeding eighteen (18) inches in height shall be considered as part of the structure and shall be subject to the setback and lot coverage limits set forth in this ordinance.

B.

Decks less than eighteen (18) inches in height:

1.

Decks less than eighteen (18) inches in height shall not be considered as part of the structure and shall not be subject to the setback or lot coverage limits set forth in this ordinance.

2.

No roof structures or permanently attached seating, tables etc. shall be permitted on structures in this category.

C.

Decks eighteen (18) inches or higher:

1.

Decks eighteen (18) inches or higher shall be considered as part of the structure and shall be subject to the setback and lot coverage limits set forth in this ordinance.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)

All fences, walls, and/or other protective barriers of any type or description located in all zoning districts shall conform to the following:

A.

Definitions:

1.

Barrier height: The height of the fence, wall, or protective barrier shall be the distance from the finished grade at the base of the barrier to the tallest part of the barrier structure, except as otherwise provided below. If the finished grade is more than three (3) feet higher than the existing grade prior to construction of the barrier, then the height shall be based on the existing grade.

2.

Fence: A linear structure of definite height and location made of wood, iron, wire, plaster, or similar materials serving as: a physical barrier to property ingress or egress; a screen from objectionable views or noise; a landscape feature; or a requirement of this ordinance.

a.

Agricultural fence: A fence constructed for the purpose of enclosing farm animals and protecting farms and other agricultural uses.

b.

Privacy fence: A fence constructed of wood, vinyl, or similar materials that blocks vision to an extent greater than eighty (80) percent.

3.

Wall: A linear structure of definite height and location constructed of masonry, concrete, stone, brick or similar materials serving as; a physical barrier to property ingress or egress; a screen from objectionable views or noise; a landscape feature; an engineering device to support higher ground; or a requirement of this ordinance.

a.

Landscaping wall: A wall that serves primarily as a decorative feature and does not serve as a screening wall or a retaining wall. A landscaping wall shall not create a physical barrier for ingress and egress.

b.

Retaining wall: A wall or similar structure or device used at a grade change to hold the soil on the uphill side from slumping, sliding, or falling.

c.

Screening wall: A wall constructed for the purposes of obscuring or blocking the view from adjacent properties to the subject property or specific portions of the subject property.

B.

Required site plan review and approval: The erection, construction, or alteration of any fence, wall, or barrier, except for agricultural fences or landscaping walls, shall require site plan review and approval by the zoning administrator to assure conformance to the requirements of this ordinance. If site plan approval is otherwise required for improvements to the site, the proposed fence, wall, or barrier must be shown on the required plans. In both cases, the location of the fence, wall, or barrier must be demonstrated on the plan and a profile must be provided indicating the height and materials.

C.

Materials:

1.

Acceptable fence materials: Fences shall be of an ornamental design. They may be constructed of wood, plastic, ornamental metal, metal, and similar. materials.

2.

Wall materials and design: Walls shall be constructed of masonry material that is architecturally compatible with the materials used on the facade of the principal structure on the site, such as face brick, decorative block, or poured concrete with simulated brick or stone patterns.

3.

Prohibited materials: The use of barbed wire, spikes, nails, or other sharp points or instruments of any kind, or electric current on the top or side of any fence, wall, or barrier, except as elsewhere provided within this ordinance, is prohibited.

D.

Fence height and location: No fence exceeding six (6) feet in height shall be erected in any zoning district. All fences may be located adjacent to the property line, but not on the property line, with the following restrictions:

1.

All residential zoning districts, except the Residential Lake Front (RLF) and Gun Lake Residential Lake Front (GLRLF) zoning districts:

a.

Side and rear yard: Fences, including privacy fences, up to six (6) feet in height may be erected in the side and rear yards starting at the front edge of the dwelling and continuing to and along the rear lot line

b.

Front yard: Fences, including privacy fences, up to four (4) feet in height may be erected from the front edge of the dwelling to within fifteen (15) feet of the road right-of-way. Fences not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the front edge of the dwelling to and along the road right-of-way.

2.

Residential Lake Front (RLF) zoning district:

a.

Side and rear yard: Fences, including privacy fences, up to six (6) feet in height may be erected in the side yard starting at the front edge of the dwelling and continuing to the rear edge of the dwelling. Fences, including privacy fences, up to four (4) feet in height, may be erected from the rear edge of the dwelling to within fifteen (15) feet of the road right-of-way. Fences not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the rear edge of the dwelling to and along the road right-of-way.

b.

Front yard: Fences, not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the front edge of the dwelling to and along the high water shoreline.

3.

Gun Lake Residential Lake Front (GLRLF) zoning district:

a.

Side and rear yard: Fences, including privacy fences, up to six (6) feet in height may be erected in the side yard starting at the front edge of the dwelling and continuing to the rear edge of the dwelling. Fences, including privacy fences, up to four (4) feet in height, may be erected from the rear edge of the dwelling to within fifteen (15) feet of the road right-of-way. Fences not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the rear edge of the dwelling to and along the road right-of-way.

b.

Front yard: Fences, not exceeding four (4) feet in height, constructed of chain link, split rail, or similar materials, may be erected from the front edge of the dwelling to a point no less than ten (10) feet from the high water line. Privacy fences must be setback no less than thirty (30) feet from the high water line, unless the front edge of the dwelling is located closer than thirty (30) feet to the high water line, in which case the setback for privacy fences shall be to the front edge of the dwelling.

4.

Height restriction exemptions: The zoning administrator or planning commission may grant an exemption to the height restriction at the gateway area of the fence only for arches, trellises, or other similar design projections. The area of the exemption shall be confined to the gateway area (defined as the area between the fence posts immediately adjacent to the gate, entry, or similar opening in the fence).

E.

Wall height and location:

1.

Retaining walls:

a.

Retaining walls required due to the grading and topography of the site shall be permitted.

b.

A guard shall be required along the top of a retaining wall located along a property boundary line where the grade differential between the two (2) sides of the wall exceeds thirty (30) inches to prevent people and objects from falling over the edge. Guards shall also be required wherever a wall is adjacent to a walkway or driveway and the grade differential exceeds thirty (30) inches. Wingwalls created for walk-out basements shall be exempt from the requirements for barriers.

(1)

The guard shall be a minimum of forty-two (42) inches in height and a maximum of four (4) feet in height, when measured from the ground elevation on the high side of the retaining wall. The height of the guard shall be determined by the requirements of subsection D. above and the location of the wall/guard on the adjacent property.

(2)

The guard shall be maintained by the party responsible for maintenance of the retaining wall, unless otherwise agreed upon.

(3)

The guard shall have an open design of no greater than sixty (60) percent opacity. A chain link or picket-style fence is an example of an acceptable guard, provided it meets the standards of paragraph (4) below.

(4)

The guard shall be designed with balusters or ornamentation such that a four-inch diameter sphere cannot pass through any opening within the guard. This shall satisfy the standards of Section 1012.3 of the Michigan Building Code regarding opening limitations.

2.

Screening walls:

a.

Unless otherwise specified herein, screening walls shall be subject to the same height and location standards established for fences in subsection D. above.

b.

If the wall is intended for screening permitted uses in commercial or industrial districts from adjacent land zoned for residential or agricultural use, the screening wall shall be six (6) feet in height.

c.

If the wall is intended to screen parking from an adjacent roadway or land zoned for residential or agricultural use, the wall shall be between three (3) and four (4) feet in height if adjacent to a roadway, and between three (3) and six (6) feet in height if adjacent to land zoned for residential or agricultural use.

3.

Landscaping walls: Landscaping walls shall be subject to the same height and location standards established for fences in subsection D. above.

F.

Barriers on corner lots or parcels: No fence, wall, protective barrier, or other manmade obstruction shall be erected or maintained on any lot or parcel within thirty (30) feet of the intersection of two (2) streets. Such unobstructed corner shall consist of a triangular area formed by the street property lines and a line connecting them at points thirty (30) feet from the intersection of the street property lines or in the case of a rounded property corner, from the intersection of the street property lines extended. A corner lot shall be any lot or parcel where the interior angle of two (2) adjacent sides at the intersection of the two (2) streets is less than one hundred thirty-five (135) degrees.

G.

Barriers by special exception use permit: The following materials may be used only after the approval of a special exception use permit by the planning commission. The applicant must demonstrate to the satisfaction of the planning commission the need for such materials.

1.

Barbed wire: Barbed wire, installed in cradles designed for not more than three (3) strands of barbed wire, may be erected on the top of barriers serving permitted or special exception uses, upon approval of a special exception use permit. If approved, the barbed wire cradle shall not be considered as part of the barrier for determining compliance with the maximum height limitation set forth above.

H.

Exemptions:

1.

Barriers protecting municipal or public utility installations may exceed the maximum heights established herein and barbed wire may be placed on the top of said barriers enclosing municipal or public utility installations or where deemed necessary in the interest of public safety without requiring a special exception use permit as required in subsection G.1. above.

2.

Parcels in the Rural/Agricultural (RA) zoning district with a lot area of ten (10) acres or greater shall be exempt from the standards of subsection G.1. listed above. Parcels in the Rural/Agricultural (RA) zoning district with a lot area smaller than ten (10) acres shall be exempt from the standards of subsection G.1. listed above only after approval of a special exception use permit by the planning commission.

I.

If because of the design or construction, one side of a fence has a more finished appearance than the other, the side of the fence with the more finished appearance shall face the exterior of the lot. Posts must be installed inside the property line, facing the interior of the lot.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)

A.

Residential parking: At least two (2) parking spaces shall be provided per single-family dwelling unit, including multi-family units.

B.

Commercial and industrial parking: Off-street parking spaces of not less than ten (10) feet in width and twenty (20) feet in length shall be provided as listed below for each of the following uses:

C.

Industrial parking lot requirements:

1.

All parking lots shall be paved and maintained with at least one and one-half (1½) parking spaces for each employee on the largest shift, plus five additional spaces for visitors.

2.

All parking lots shall be located not closer than twenty-five (25) feet from an adjacent parcel and twenty-five (25) feet from an adjacent road right of way.

3.

All parking lots shall be lighted between dusk and dawn when the building is occupied. Such lighting shall not create a nuisance to neighboring zoning districts.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015; Ord. No. 10-01-2017, § III, 10-12-2017)

A.

Utilities:

1.

All utilities shall be installed underground.

2.

Public sewer and water shall be utilized, if available.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)

A.

Public well-being: No open ditch, drain, pond, basin, or similar device shall be used or maintained by any person, firm, association or corporation within the township which shall be a menace to or endanger the health, comfort and well-being of the residents of Yankee Springs Township, the public or surrounding territories. No sewerage or contaminating materials shall be used or maintained by any person, firm, association or corporation which shall harbor mosquitoes, larva, or disease-carrying insects or which shall emanate obnoxious odors.

B.

Public dumping: Except as approved by Yankee Springs Township and licensed by the State of Michigan, no public dumping shall be created or maintained within the township, and no person, firm, association or corporation shall dump, deposit, leave or abandon any place within the township any scrap or waste material of whatsoever nature.

C.

Accumulation of debris, junk or other refuse: The accumulation of debris, junk, or other refuse on any premises, whether occupied or unoccupied, in any zoning district within the township, for longer than thirty (30) days is prohibited and deemed to be a violation of this ordinance.

D.

Inoperable or unlicensed vehicles: The presence of one or more inoperable or unlicensed motor vehicles, boats, or similar equipment, or any accumulation of parts thereof, exposed to public view, on any premises for more than sixty (60) days shall be deemed a violation of this ordinance.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)

During the construction of a new dwelling or remodeling of an existing dwelling within the township, the home owner may request planning commission approval of the use of a mobile home, travel trailer, motor home or recreational vehicle as temporary housing on the construction site. The following restrictions and conditions shall apply:

1.

The temporary dwelling shall be connected to sewerage and water systems approved by the Barry County Health Department or include a self-contained sewerage and water system acceptable to the planning commission.

2.

The temporary housing shall be approved only for the use of the family that will occupy the completed dwelling.

3.

A waste collection company shall be hired to remove all garbage and waste products. Such products shall not be allowed to accumulate on the project site.

4.

The temporary housing shall be used for a period of not more than twelve (12) months from the date of approval by the planning commission.

5.

At the completion of the project or the approval period, whichever is sooner, the temporary housing shall be disconnected from all systems and vacated. If the temporary housing is a mobile home it shall be removed from the property.

6.

Such other conditions as the planning commission shall deem necessary to protect the site and the neighboring properties.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)

A.

Permit required: No person shall cause, allow or maintain the use of an outdoor furnace without first having obtained a zoning permit from the zoning administrator and all appropriate construction permits.

B.

Permitted fuel: Only firewood, wood pellets, untreated lumber, and untreated agricultural products such as corn pellets or seeds are permitted to be burned in any outdoor furnace. Burning of any other materials, including, but not limited to, garbage, painted or treated wood, rubber, or newspaper, in an outdoor furnace is prohibited.

C.

Permitted districts: Outdoor furnaces shall be permitted only in the Rural/Agricultural (RA) and Rural Residential (RR) zoning districts.

D.

Minimum lot size: Outdoor furnaces shall be permitted only on lots of one (1) acre or more.

E.

Minimum setbacks: Outdoor furnaces shall be set back not less than seventy-five (75) feet from the front, rear and side lot lines, and not less than two hundred (200) feet from the nearest existing dwelling on abutting property.

F.

Chimney height: The height of the chimney shall satisfy the manufacturer's recommendations.

G.

Spark arrestors: All outdoor furnaces shall be equipped with properly functioning spark arrestors.

H.

Seasons of operation: Outdoor furnaces shall not operate during the months of June, July or August.

I.

Effect of other regulations: Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by any federal, state, regional or local agency. Outdoor furnaces and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace shall be installed, operated and maintained in conformity with the manufacturer's specifications and recommendations and all local, state and federal codes, laws, rules and regulations.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)

A.

No property shall be filled or graded so as to cause a discharge of surface water run-off onto abutting premises.

(Ord. No. 10-01-2015, § I, 10-8-2015, eff. 10-26-2015)

A.

Cargo containers shall be allowed as a permitted use in RA, C-1, C-2, C-3, LI-1, and L-1 zoning districts as an accessory use. They may be allowed as a special exception use in any other zoning district on a lot size of three (3) acres or greater. Cargo containers shall be subject to the following requirements:

1.

All cargo containers (permanent or temporary).

a.

Location:

(1)

Cargo containers shall be located in the rear yard.

(2)

Cargo containers shall not occupy required off-street parking, fire lanes, loading/unloading areas or landscape areas nor shall they be located where they may cause hazardous conditions or constitute a threat to public safety.

b.

Setbacks: Cargo containers shall be subject to the setback limits set forth in this ordinance that are generally applicable to principal buildings and structures.

c.

Height: Cargo containers shall not be stacked above the height of a single container.

d.

Lot coverage: The surface area covered by the cargo container(s) shall be included in the lot coverage calculations for the lot, unless it is sited over an existing impervious surface.

e.

Utilities: Cargo containers shall not be provided plumbing service.

f.

Use: Cargo containers shall not be used as living quarters nor as housing for livestock or pets.

g.

Nonconforming lot/use: The placement of a cargo container on a nonconforming lot or to serve a nonconforming use shall not be considered an expansion of the nonconformity.

2.

Permanent use of cargo containers: Cargo containers may be permanently placed on property for storage purposes, subject to the following requirements in addition to those requirements in subsection (A)(1):

a.

All applicable building regulations shall apply.

b.

Cargo containers shall not be used as signage or for advertising and shall be kept free of all alphanumeric signage and writing.

c.

Any writing or graffiti placed on the container shall be the responsibility of the property owner and shall be removed.

d.

A Zoning Compliance Permit is required and shall be obtained from the Township Zoning Administrator.

3.

Temporary use of cargo containers: Cargo containers may be temporarily placed on property for storage purposes, subject to the following requirements:

a.

A Zoning Compliance Permit is required and shall be obtained from the Township Zoning Administrator.

b.

Cargo containers shall be removed from the property within ninety (90) calendar days from the date of initial placement. One (1) extension of up to ninety (90) calendar days may be approved by the Zoning Administrator.

c.

The temporary use of cargo containers associated with construction sites approved building construction project shall be permitted to remain on-site until the earlier occurrence of approval of the project's final building inspection or the expiration of the building permit.

B.

Portable storage containers shall be allowed as a permitted use in all zoning districts as accessory uses, upon issuance of a temporary land use permit from the Zoning Administrator and shall adhere to the following restrictions:

1.

Location:

a.

Portable storage containers used within a residential district or associated with a residential use shall be located on a driveway or paved area.

b.

Portable storage containers used in a non-residential district or associated with a non-residential use shall not occupy required off-street parking, fire lanes, loading/unloading areas or landscape areas nor shall they be located where they may cause hazardous conditions or constitute a threat to public safety.

c.

Portable storage containers may not be located on a vacant lot, unless the lot is associated with an approved building construction project.

2.

Height: Portable storage containers shall not be stacked above the height of a single container.

3.

Utilities: Portable storage containers shall not be provided electrical or plumbing service.

4.

Use: Portable storage containers shall not be used as living quarters nor as housing for livestock or pets.

5.

Time limits: Portable storage containers shall be removed from the property within ninety (90) calendar days from the date of initial placement. One (1) extension of up to ninety (90) calendar days may be approved by the Zoning Administrator.

(Ord. No. 12-12-2024A, § II, 12-12-2024)

Ponds: Shall be allowed as a permitted use in RA zoning districts. They may be allowed as a special exception use in any other zoning district on a lot size of three (3) acres or greater. Ponds shall be subject to the following requirements:

A.

The following terms and definitions shall apply to this section to supplement those listed in Article II of the Yankee Springs Township Zoning Ordinance:

a.

Construction: The digging of a new pond, the horizontal enlargement of an existing pond, and the cleaning or deepening of an existing pond that results in the removal of over five hundred (500) cubic yards of soil material.

b.

Cleaning (or deepening): The removal of accumulated silt or other soil materials in order to restore an existing pond's original cross section (bottom contour) where five hundred (500) or less cubic yards will be removed.

c.

Enlargement: A horizontal increase in surface area of the water or an increase in the depth of an existing pond where either activity results in the removal of more than five hundred (500) cubic yards of soil material.

d.

Pond: For purposes of this section shall mean any natural or artificial body of water that, under normal circumstances, can hold water to a depth of four (4) feet or more or has a surface area of more than two thousand five hundred (2,500) square feet.

B.

The property owner shall submit an application to the Zoning Administrator. The application shall be accompanied by a site plan that demonstrates compliance with all requirements below.

C.

The total surface area of all ponds on one property shall not exceed twenty-five (25) percent of the area of the property. No pond shall exceed five (5) acres of surface area.

D.

There shall be a setback of at least fifty (50) feet from the edge of the excavation to all property lines.

E.

A minimum setback of fifty (50) feet shall be maintained from the edge of excavation to the nearest point of any single-family home, or accessory building and twenty-five (25) feet from any driveway.

F.

There shall be a minimum setback from any septic tank and/or tile disposal field of at least one hundred (100) feet.

G.

No pond shall be constructed, enlarged, cleaned or otherwise altered in a manner that causes pond overflow water to run off onto adjacent lots or parcels. Discharge of water from a natural or artificial pond shall be controlled through the engineering of an outlet to an appropriate natural waterway or county drain. A detailed drainage plan, prepared by a professional registered civil engineer, may be requested if deemed necessary to ensure that the proposed pond and associated placement of spoils on-site will not negatively impact drainage patterns both on and off the site.

H.

No pond shall be located directly beneath an overhead electrical line, wire or conductor, nor within ten (10) feet horizontally of any overhead electrical line.

I.

There shall be no slope in excess of 4:1 (four (4) feet horizontal to one (1) foot vertical) until the water reaches a depth of five feet, at the low water mark, on all sides of the pond. This requirement shall be clearly demonstrated on the applicant's sketch plan.

J.

Excavated materials may not be hauled off the site unless a mining permit is obtained pursuant to Section 4.5.J of this ordinance. All applications for a pond permit shall include a calculation of the number of cubic yards of material to be excavated, the cubic yards to be used on-site, and, if a mining permit is obtained, the number of cubic yards to be hauled off-site.

K.

All applications for pond approval shall be accompanied by a permit fee in an amount established by resolution of the Township Board of Directors.

L.

A cash performance guarantee, in an amount established by resolution of the Township Board of Trustees, shall be posted by the applicant prior to issuance of a permit to ensure completion of all required improvements. Failure to comply with the standards of this section shall result in forfeiture of the cash performance guarantee.

M.

All approved ponds shall be complete within six (6) months of issuance of a permit. The Zoning Administrator may grant a six-month extension of the permit for just cause.

N.

Commercial use of any residential, agricultural or farm pond by the public for swimming, fishing or the like shall be prohibited.

O.

Dangerous Conditions: The property owner shall take every precaution to ensure the safety of the public. Where conditions, during construction, may be deemed to pose a hazard to people and animals, the zoning administrator may require the installation of temporary barriers until the pond water is filled to an acceptable level where a person or animal could exit the pond without being trapped.

P.

Warning signs shall be placed and maintained near the pond. Coast Guard approved life ring shall be attached to a 50-foot rope and placed in an easily accessible location for use during an emergency.

Q.

Excavated material or overburden from private residential pond construction shall be placed in a manner so that its weight will not endanger the stability of the pond's side slopes, and in a manner that is aesthetically pleasing. There shall not be less than twelve (12) feet between the toe of the fill and the edge of the pond. The overburden shall be properly sloped (max slope 1:3 not to exceed thirty-six (36) inches in height), graded, planted, and landscaped with vegetation to blend into the surrounding landscape. (See the accompanying sketch).

Correct Disposal of Waste Material.

(Ord. No. 06-12-2025-1, § 1, 6-12-2025)

A.

Description, Intent and Purpose.

1.

These Planned Mineral Removal ("PMR") provisions are adopted for the purpose of authorizing the removal of mineral material on mining sites from specified lands within the Township, through the Special Exception Use (SEU) approval process, and also for the purpose of authorizing resulting land uses, after the completion of planned mineral removal operations, in accordance with an approved site rehabilitation plan. Under the terms of any PMR permit, mineral removal is required to be accomplished without serious adverse consequences (as identified by the factors listed in Section 12.18.F.9.c) to other lands and other land uses in the vicinity and elsewhere in the Township.

B.

Definitions. The following words and phrases used in this Section shall have the following respective meanings:

1.

"Mineral material" means soil, dirt, earth, sand, gravel, coal, gypsum, limestone, or any of them, or any combination thereof, or other solid minerals.

2.

"Mineral removal" is the mining, extracting, excavating for, processing, removal and transport of mineral material from any property in the Township, or any of such activities, and other operations and activities for the purpose of removal of mineral material and the restoration, reclamation and improvement of the lands thereafter.

3.

"Planned Mineral Removal" ("PMR") is the mining, extracting, excavating for, processing, removal and transport of mineral material to and/or from any property in the Township, and other operations and activities for the purpose of removal of mineral material and the restoration, reclamation and improvement of lands thereafter, and where the same are accomplished in accordance with a plan submitted, considered and approved, as a special exception land use, in accordance with this section, and providing for the design, review and approval of mineral removal activities and operations; the restoration, reclamation and improvement of the lands thereafter; and the use of such lands for permitted resulting uses.

C.

Planned Mineral Removal and Other Permitted PMR Uses.

1.

Land, including the buildings and structures thereon, that is subject to a PMR permit may be used only for planned mineral removal and/or for the uses permitted and as regulated in the underlying zoning district. Planned mineral removal shall take place only in accordance with the provisions of this section. Any resulting use, following mineral removal activities and operations, shall conform to the Township Master Plan. Proposed PMR uses shall be considered for approval under this section only if all of the conditions for eligibility and requirements for permit applications are complied with, as set forth in this section.

2.

No land shall be considered for a PMR permit unless it is located in the R-AG Rural Agricultural zoning district.

3.

No material from off-site may be brought on site for any processing as part of a PMR permit.

D.

Application for PMR Permit. Application for PMR permit shall be in the names of both the operator and the landowner as a joint applicant. Applicants proposing an eligible PMR use shall submit an application for a PMR permit, together with the required application fee, to the Township Zoning Administrator, for a determination of whether the application is administratively complete, prior to Planning Commission review. The application shall be accompanied by any required deposit into an escrow account for reimbursement of Township expenses in the matter according to the requirements of this Ordinance and the Township's General Ordinances, and shall include the following:

1.

A legal description of the lands proposed for the PMR use.

2.

One (1) large-scale (24" x 36"), hard copy and one (1) electronic copy of the PMR plan, drawn and sealed by a registered civil engineer, which is subject to initial review by the Zoning Administrator for administrative completeness, in conjunction with the Zoning Administrator's initial review of all other required components of the PMR application. After the Zoning Administrator has made a determination of administrative completeness, the applicant shall submit ten (10) large-scale hard copies and one (1) electronic copy of the PMR plan, drawn and sealed by a registered civil engineer, and which incorporates all revisions and/or additions required by the Zoning Administrator. All PMR plans shall include the following:

a.

Name and address of owner(s) of the lands upon which planned mineral removal will take place.

b.

Name address and telephone number of the person, firm, or corporation who will be conducting the actual planned mineral removal.

c.

A north arrow, scale and date.

d.

Local, size and legal description of the total site area upon which planned mineral removal is proposed to take place.

e.

Shading or other marking showing the lands on which mineral removal operations and activities will take place.

f.

The location, width and grade of all easements or rights-of-way on or abutting the lands.

g.

The location, size and nature of all structures on the lands.

h.

The identification, location and direction of all watersheds, streams and other water courses whether on or off the removal site and storm water drainage areas and flow ways on the lands, and also all water courses and storm water drainage areas or flow ways on other lands which may be affected by the mineral removal operations within one thousand three hundred twenty (1,320) feet of the PMR site boundary.

i.

Existing elevations of the lands at contour intervals of not more than five (5) feet.

j.

Copies of logs of all existing water supply wells on the mineral removal lands and on all adjacent lands within one thousand three hundred twenty (1,320) feet of the PMR site boundary.

k.

Typical cross sections showing the estimated extent of overburden, estimated extent of mineral material located in or on the lands, and the groundwater table.

l.

Mineral processing and storage areas; and areas for stockpiling mineral material.

m.

Proposed fencing, gates, parking areas and signs.

n.

Roads for ingress to and egress from the lands, including onsite roads, other areas to be used for movement of vehicles and a description of the proposed measures to limit dust, dirt and other debris generated by mineral removal activities and movement of vehicles.

o.

A map showing access routes between the subject lands and the nearest major streets, and also showing the streets and routes proposed to be used for the hauling of mineral material and the return of trucks to the site.

p.

Areas if any to be used for ponding or other accumulation of water.

3.

A narrative description and explanation of the following:

a.

The proposed mineral removal operations and activities including a narrative description and explanation of the proposed mineral removal operations and activities, including the date of commencement, proposed hours and days of operation, estimated type and quantity of mineral material to be removed, annual and project total, description of extraction and processing methods, including proposed equipment and the noise rating of each type thereof, and a summary of the procedures and practices which will be used to insure compliance with the provisions of this section.

A description of the type, quality and amount of the mineral material at the site and of the current and potential market for the mineral material to be removed.

b.

A detailed listing and description of the potential serious adverse consequences (as identified by the factors listed in Section 12.18.F.9.c) that may result from the proposed mineral removal operations and activities that includes a risk and probability of occurrence analysis with mitigation measures identified for the avoidance of the identified risk and avoidance of the adverse consequences.

4.

A plan for mineral removal for the total project, which shall include the following:

a.

Pre-mining soil survey indicating soil depths and types for future reclamation of the site.

b.

Surface overburden and topsoil stripping and stockpiling plans indicating erosion and runoff control measures, distance from property lines, length of storage time, and pile heights.

c.

Provisions for grading, re-vegetation, and stabilization that will prevent soil erosion, sedimentation and public safety problems.

d.

The estimated quantity of product in place and to be mined, an overall phasing plan and an approximate timetable for the facility.

e.

The location and detailed description of the types of noise and vibration mitigation measures including earth berms, fences, vegetation in and within the required setbacks and other features.

f.

The location and types of dust mitigation measures to be used and a description of when the mitigation measures will be implemented/utilized.

g.

Phasing plan illustrating the portions of the site to be worked and an approximate schedule for opening, operation and closing of each phase.

h.

The portions of the site (if any) that may be used for ongoing operations, such as equipment staging, crew areas or other uses.

5.

A feasible and detailed site rehabilitation plan including the following:

a.

A narrative description of the restoration, reclamation and improvement of the lands, and the proposed resulting uses for the lands after mineral removal activities have ended, including any phasing of proposed site rehabilitation and the timing thereof.

b.

A site rehabilitation plan showing final grades of the lands as rehabilitated, at contour intervals not exceeding five (5) feet; water courses, ponds or lakes, if any; landscaping and plantings; areas of cut and fill; and all land features, improvements, streets and other aspects of the proposed uses for the lands after completion of mineral removal operations. The site rehabilitation plan shall otherwise comply with each of the requirements of subsection E.8.

c.

A description of all adverse effects, whether anticipated or reasonably possible, on the groundwater table and other underground sources of water supply, together with copies of reports or studies analyzing the effect, if any, of the mineral removal operations on the underground water supply of the subject land and adjacent and nearby lands.

d.

A description of proposed methods or features which will assure that the resulting uses are feasible and will comply with all applicable requirements of the Township Zoning Ordinances.

6.

Other studies required to be included with the application and permits required prior to commencement of activities, including:

a.

A soil erosion and sedimentation control permit from the Barry County Drain Commission must be on file prior to commencement of activities.

b.

If applicable, a permit from the state of Michigan under part 301 of the Natural Resources and Environmental Protection Act to create an inland lake.

c.

Any required National Pollution Discharge Elimination System (NPDES) permits.

d.

Any required Environmental Protection Agency (EPA) permits.

e.

Wetlands assessments (as determined by a professional wetlands scientist (PWS) or wetland professional in training (WPIT) as certified by the Society of Wetland Scientists or the Michigan Department of Environmental Quality.

f.

Any required storm water permit required under any County or Township storm water ordinance provision, and the site rehabilitation plan shall comply with any County or Township storm water ordinance provision.

g.

Any other permits required by law.

7.

The following studies, reports and assessments shall be submitted:

a.

The applicant shall provide information related to the identification and abatement of any adverse impacts created by the mining operation. Toward this end, an environmental impact analysis shall be submitted at the time of application that includes both base information on the site prior to such activity and the anticipated impact of such operations on the site, surrounding area and the community as a whole. The required studies, which shall be undertaken by professionals whose education, certification and experience are consistent with the credentials needed to conduct the studies and analyze the results, are as follows:

i.

Hydrogeological Study: This shall include a complete assessment of the potential impacts on any water resources both on-site and off-site within one thousand three hundred twenty (1,320) feet of the PMR boundary. It shall identify the location in relation to watersheds and floodplain areas and identify natural site drainage and impact on wetlands within the area. It shall also identify the depth of groundwater and aquifers within the area of the operation and provide data on water quality for all such resources. Where the applicant proposes the development of a lake or where ponds or basins may exceed five (5) or more acres, such studies shall include the use of monitoring wells in order to estimate the impact on other surface water or ground water resources in the area. The studies shall also include the applicant's approach to spill containment (containment and spill response plans) from any vehicles and equipment utilizing or located on the site. The study shall include a description of all adverse effects, whether anticipated or reasonably possible, on the groundwater table, aquifer flow direction, or other underground sources of water supply, together with copies of reports or studies analyzing the effect, if any, of the mineral removal operations on the underground water supply of the subject land and adjacent and nearby lands within one thousand three hundred twenty (1,320) feet of the PMR boundary.

ii.

Topographic and Geological Analysis: This shall include a current aerial photograph, at scale of not less than one hundred (100) feet to one (1) inch, displaying the lands proposed for a PMR permit and all lands within one thousand three hundred twenty (1,320) feet of the PMR boundary, and also show the location of current land uses, types and extent of existing natural features, topography, soils, vegetation, and other items or land features noted in the overall environmental impact analysis. Identify existing contours and proposed contours consistent with application requirements of 12.18.D.2. Earth changes proposed throughout the term of the operation shall be presented with estimates of the type, quantity and quality of the material to be extracted, including overburden. Soil borings shall be taken to a depth equal to the depth of the proposed extraction, with frequency of spacing sufficient to allow for reasonable interpretation and verification of such quantity and quality of the material. The Planning Commission may request that additional borings be taken where additional interpretation or verification is needed. Final contours shall be included within the required Rehabilitation Plan, but interim earth change data will also be required as part of the annual review in order to evaluate the consistency of the activity with this initial analysis. This analysis shall include mitigation measures related to erosion, filling and potential sedimentation of any basins created by such activities. A description of the type and extent of significant vegetation on the lands proposed for a PMR permit, including trees and endangered plant species. A detailed description of any known, anticipated or possible detrimental effects upon any aspect or element of the environment, including lands proposed for PMR permit and adjacent and nearby lands within one thousand three hundred twenty (1,320) feet of the PMR boundary.

iii.

Noise/Vibration Study: This shall include data on existing noise levels and sources of vibration in and around the site prior to any such operation and the anticipated impacts of such activity on any adjacent and nearby lands within one thousand three hundred twenty (1,320) feet of the PMR boundary. A complete listing of all proposed equipment to be utilized within the operation shall be submitted with information on the proposed location and noise/vibration impacts of the proposed equipment. The Planning Commission may require that equipment, such as crushers, be located in an enclosed building to further reduce such noise and vibration impacts depending on the supporting analysis for noise and vibration levels at the PMR boundary.

iv.

Traffic Impact Study: The study shall include a complete analysis of the existing road system and the proposed truck haul routes for the operation. The study shall include all state and local roads and the efforts made by the applicant to control use of such roadways that are not designated as part of the haul route. Information shall include traffic counts and level of service capabilities of the roadways to support such increased loads. Noise and vibration impacts related to such hauling shall also be included within the study. The traffic impact study will be reviewed in consultation with the County Road Commission, and also in conjunction with the Michigan Department of Transportation, if impacts on the state trunk line highways are anticipated.

v.

Air Quality Analysis/Dust Control Study: This shall include a complete analysis of the impacts associated with particulate matter generated by the operation and the techniques to be utilized to mitigate such release. The analysis shall identify each measure to be used and a description of when the mitigation measure will be implemented/utilized.

vi.

Endangered Species Impact Analysis: The analysis shall include a complete listing of all threatened and endangered wildlife (plants and animals) and wildlife habitat that may be impacted by PMR operation including lands proposed for PMR permit and adjacent and nearby lands within one thousand three hundred twenty (1,320) feet of the PMR boundary.

vii.

Economic Analysis/Studies: This shall include economic studies related to impacts upon the adjacent properties including properties within one thousand three hundred twenty (1,320) feet of the PMR boundary, one thousand three hundred twenty (1,320) feet of the proposed haul routes for the operation, and the community, including residential property valuation and the compatibility with, or negative impacts to, other land uses, including agriculture. A site-specific property valuation study, for the purpose of showing the impact of the proposed PMR operations will have on the value of the adjacent properties including properties within one thousand three hundred twenty (1,320) feet of the PMR boundary. This analysis shall include a study on the market demand and availability of mineral material supply, and other relevant factors and conditions, which determine relative value of the mineral material, benefit and need for the mineral material by the applicant or the market served by the applicant from the proposed removal operations and activities. The analysis shall include a listing of known existing mineral removal operations within the Township, within fifteen (15) miles of the proposed PMR site, and within two (2) miles of the proposed haul routes including estimated quantity and type of mineral material available for removal and other aspects of such operations. The analysis shall include the anticipated revenue and the basis of reasonably expecting to operate at a profit for the proposed removal operations and activities.

viii.

Such other reports, studies or information that may be requested by the Planning Commission with respect to the proposed PMR operations.

E.

At its option, the Planning Commission may contract with independent, third-party experts to prepare any or all of the above types of studies and reports, and/or to evaluate the studies and reports submitted by the applicant, in which case the applicant shall make sufficient deposits into its escrow account to reimburse the Township for the cost of such experts' work, including, without limitation, preparation or evaluation of studies and reports, appearances at Planning Commission meetings, or such other actions in furtherance of reviewing and advising on the PMR application.

F.

Standards of Review for PMR Permits. The Planning Commission shall review each PMR permit application. In such review, the Planning Commission shall consider, among other matters, the intent and purpose of this section and the Zoning Ordinance. The Planning Commission shall consider a PMR permit application for approval only if all of the following standards, conditions and requirements are satisfied by the application, the PMR plan, the Site Rehabilitation Plan and the other materials required to be submitted under the terms of this section.

1.

Operations and activities for mining, extracting, excavating for, processing, removal and transport of mineral materials shall be located only as follows:

a.

They shall not be closer than one thousand (1,000) feet from any occupied dwelling.

b.

They shall not be closer than one thousand (1,000) feet from any RSF, RLF, GLRLF, SR, RR, RMF, or MHC zoning district, or Residential PUD district.

c.

Excavation below the existing grade of adjacent roads or property lines shall not take place within two hundred (200) feet from the adjacent road right-of-way or adjacent property line.

d.

Provided, however, that the above operations and activities may be located without any setback from a boundary line of adjacent lands zoned R-AG for which a PMR permit has been granted if such adjacent lands are owned by the owner of the subject lands, and if such zero-setback is approved, or if some other setback is approved, by the Planning Commission as a provision in the PMR permit.

e.

Additional setbacks from any stream, pond, lake, waterway, or wetland may be required dependent upon the impact studies submitted with the application.

2.

There shall be not more than one (1) combined entrance/exit on the site of PMR operations, from and to a public street, unless additional entrances or exits are approved as a part of the PMR permit. Entrances shall have a staging area to accommodate a minimum of three (3) gravel trucks, but ensure enough to accommodate all trucks requiring staging at the entry of the site. There shall be no staging of trucks on the public roads. Any such entrance and exit shall be subject to the approval of the Barry County Road Commission. The location of the entrance and exit shall, if reasonably feasible, be placed so that the travel of mineral transport vehicles over primarily residential streets shall be avoided. The exit path shall include a tire wash pit, a wheel wash system or other mechanism to sufficiently prevent tracking sediment onto the public roads.

3.

Not more than fifteen (15) acres of land shall be authorized for PMR operations or activities at any one (1) time. Of this number or some lesser number of acres, not more than one-third (⅓) thereof shall at any one (1) time be used for site preparation; not more than one-third (⅓) thereof shall at any one (1) time be used for removal of mineral material; and not less than one-third (⅓) thereof shall at any one (1) time be used for site reclamation, in accordance with an approved site rehabilitation plan.

4.

The maximum height of stockpiles of mineral materials shall be as determined by the Planning Commission, in consideration of the standards of subsection F.9. Stockpiles may not be located within any required yard area.

5.

There shall be an inspection by the Township Zoning Administrator, or their representative, of each completed phase, so as to verify compliance with the terms of this subsection.

6.

Upon the completion of each phase, the PMR permit-holder shall notify the Township that the phase is ready for inspection. Until such inspection is made, and until approval of the completed phase has been given by the Township, the PMR permit-holder shall not commence work on any subsequent phase.

7.

Any work or other action undertaken by the PMR permit-holder in or with respect to a subsequent phase, before the Township inspection and approval of the previous phase, shall be a violation of the PMR permit and a violation of the Zoning Ordinance. In the event of such a violation, the Township may take all appropriate enforcement measures, including issuance of an order for the stopping of all work within the PMR lands, until all required inspections have been made and Township approvals given.

8.

Site Rehabilitation Plan shall be reviewed by the Planning Commission and shall comply with all of the following standards and requirements:

a.

Topsoil shall be replaced on the site to a depth of not less than six (6) inches, except where the resulting uses do not involve the growing of vegetation. Slopes shall be graded and stabilized to such extent as will accommodate the proposed resulting use. The plan shall indicate any phasing of site rehabilitation. If site rehabilitation is to be phased, topsoil shall be replaced and slopes shall be graded, stabilized, and seeded before mineral removal operations are commenced in another area of the PMR site. The placing of top soil and the grading, stabilization and seeding of slopes shall take place not only at the end of PMR operations at the site, but also upon the conclusion of each mineral removal phase, as described in subparagraph E.3 of this section.

b.

Final slopes shall have a ratio of not greater than one (1) foot of elevation within each three (3) feet of horizontal distance, at the conclusion of PMR operations at the site and also at the conclusion of each individual phase of mineral removal, as described in subparagraph E.3 of this section.

c.

Final surface water drainage courses and areas of surface water retention shall be laid out and constructed at such locations and in such manner as to avoid adverse effects on adjacent or nearby lands as a result of storm water runoff, erosion or other damage to the lands, at the end of PMR operations at the site and also at the conclusion of each mineral removal phase, as described in subparagraph F.3 of this section. The applicant shall apply for any required storm water permit under any County or Township Storm Water Ordinance provisions, and the site rehabilitation plan shall comply with any County or Township Storm Water Ordinance provisions.

d.

Plantings/Landscaping.

i.

Plantings of grasses, shrubs, trees and other vegetation shall be located on the site so as to maximize erosion protection, and enhance the natural beauty of the site, and for the screening of view from other lands.

ii.

Landscaping shall be planted and maintained, and, where appropriate, earthen berms shall be constructed, in order to screen less attractive areas or resulting uses. In addition, landscaping and/or earthen berms may be required in order to screen PMR operations and activities from view from other lands and to moderate noise levels from operations of equipment and vehicles.

iii.

Trees and shrubbery shall be of such height when planted and shall be planted sufficiently close together so as to serve as effective screening of the view from adjacent lands and to moderate noise levels from operations. Dead or diseased trees and other vegetation shall be promptly removed and replaced, so as to assure the continuance and effectiveness of any landscaped screening.

e.

The site rehabilitation plan, both at the end of PMR operations at the site, and with respect to each mineral removal phase, shall not include the storage or dumping of stumps, concrete, asphalt, discarded materials or any other materials, objects or debris not associated with the mineral removal operations. Further, no such storage or dumping of any such materials shall occur at any other time during PMR operations, unless authorized in the PMR permit or the plan.

f.

In reviewing proposed resulting uses, the Planning Commission shall require compliance with the requirements of the zoning district which authorizes land uses having the greatest similarity to the resulting uses proposed in the Site Rehabilitation Plan, including requirements relating to density, location, bulk, area and height of buildings and structures.

9.

The Planning Commission shall not approve an application for a PMR permit unless the applicant sufficiently demonstrates that the proposed mineral removal operations and activities will not create any very serious adverse consequences or serious environmental impact on adjacent or nearby lands or other lands elsewhere in the Township or the area.

a.

The Planning Commission, in considering whether any such very serious adverse consequences or serious environmental impact would result from the proposed removal operations and activities, shall determine the degree and extent of public interest in the removal of the minerals from the applicant's land, considering the type of resource involved, the market demand and availability of supply, and other relevant factors and conditions which determine the relative benefit to the public from the proposed removal operations and activities.

b.

The Planning Commission shall approve a PMR permit only if the proposed removal operations and activities do not, considering the nature and extent of public benefit from the resource removal, result in very serious adverse consequences or serious environmental impact.

c.

In determining whether very serious adverse consequences or serious environmental impact would result from the removal operations and activities, the Planning Commission shall consider, but is not limited to, the following:

i.

The relationship of the extraction and associated activities with existing land uses;

ii.

The impact on existing land uses in the vicinity of the property;

iii.

The impact on property values in the vicinity of the property and along the proposed hauling route serving the property, based on credible evidence;

iv.

The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property;

v.

The impact on other identifiable health, safety, and welfare interests in the local unit of government; and

vi.

The overall public interest in the extraction of the specific natural resources on the property.

G.

Operating Conditions on Mineral Removal Operations and Activities. The Planning Commission's approval of any PMR permit shall include provisions requiring compliance with specified conditions relating to mineral removal activities and operations. Such conditions shall include the following:

1.

Mineral removal operations shall be approved for a duration of not more than two (2) years.

a.

Upon or prior to the expiration of a PMR permit, the Planning Commission may approve renewals of the permit for successive periods of not more than two (2) years each in duration, if the applicant demonstrates that there are special or unusual circumstances justifying renewal of the PMR permit.

b.

In considering whether to renew a PMR permit, the Planning Commission shall convene a public hearing.

c.

In the case of any Planning Commission public hearing on the proposed renewal of any PMR permit, the public notice for any such hearing shall be the same as that otherwise required for the original granting of a PMR permit.

d.

Other matters concerning renewal of PMR permits shall be as provided in subsection N.

2.

Mineral removal, processing and transport operations and activities shall commence not earlier than 7:00 a.m. to 5:30 p.m. Monday through Friday. No operations shall be conducted on Saturdays, Sundays, or legal holidays: New Year's Day, Independence Day, Thanksgiving Day, Christmas Day, or at any time over the Memorial Day or Labor Day weekend, or the Independence Day weekend if July 4 falls on a Monday or Friday. However, the Planning Commission may place additional and/or alternative limitations on the hours and days of operation in order to avoid serious adverse consequences upon adjoining or nearby lands, or in reflection of the temporal noise ordinance standards of the township in which the PMR site is located. Under emergency, unanticipated, or unusual circumstances, the hours of operation may be modified for a temporary period not to exceed fourteen (14) days if requested to the Planning Commission and approved by the Planning Commission by a special vote.

3.

Equipment for the processing of mineral material which emits noise louder than eighty (80) dBA, measured at a distance of fifty (50) feet from said equipment when operating, shall not be located closer than one thousand three hundred twenty (1,320) feet from the nearest occupied dwelling, unless the Planning Commission authorizes other noise emission requirements in the PMR permit. In no case shall the noise from a PMR site exceed sixty-five (65) dBA at any exterior property line or road right-of-way line. Noise from operations shall be limited to sixty-five (65) decibels at the PMR boundary line as monitored using a sound pressure meter ANSI 81.4 Type 2 or better accuracy. Weekly monitoring data shall be recorded and reported in the annual operation reports. Monitoring data shall be made available upon request by the zoning administrator or representative.

4.

The PMR permit-holder shall conduct regular monitoring and reporting to the Zoning Administrator, not less than annually, of groundwater levels in surrounding groundwater monitoring wells, and the monitoring and reporting to the Zoning Administrator of noise and dust levels at the exterior property lines and abutting road right-of-way lines, at such time intervals specified by the Planning Commission in the PMR permit, to ensure compliance with this Section and to determine whether serious adverse consequences are occurring. Monitoring of specific groundwater monitoring wells shall be conducted at any time the static water level is breached for a period of one (1) year or for the duration of any mineral material removal operations below the static water level, which ever period of monitoring is longer. Planning Commission shall retain jurisdiction over the terms of the PMR permit to require continued monitoring and reporting, beyond one (1) year, if any violations or serious adverse consequences are found in the first year of monitoring. Nothing in this provision shall limit the Township's ability to take other enforcement actions, as permitted by law, if violations or serious adverse consequences are found at the mineral removal site.

5.

Access to and from a mineral removal site, and the routes to be taken by vehicles hauling mineral material from the site and returning to the site, shall be only by means of those streets designated on the approved PMR Plan or by such other routes as may be specified by the Planning Commission, working in connection with the County Road Commission and/or MDOT, as applicable, as a part of the operating conditions attached to the PMR permit.

6.

Non-Operating Hours.

a.

During activities and operations for the removal of mineral material, no mineral material or other excavated material, shall be left during weekends or overnight in such condition or manner as to constitute a danger to persons who may enter the removal area.

b.

After operations each day, all banks of excavated material shall be graded to slopes that are not steeper than one (1) foot of elevation for each two (2) feet of horizontal distance, unless the Planning Commission authorizes some other daily grading requirement and if the applicant takes approved measures so as to prevent harm to persons who may enter into the area of steep slopes, by constructing and maintaining a substantial fence, of at least four (4) feet in height, so as to fully enclose all the areas of steep slopes. Alternatively, the Planning Commission may approve other measures deemed sufficient to protect persons from harm within the removal area during times when operations are not occurring.

7.

All entrance and exit roads and other routes into or from the PMR site shall be securely gated. Such gates shall extend across the entire width of any entrance or exit road or route, and they shall be locked securely when PMR operations are not occurring. The placement of any such gates shall be at such locations as will prevent unauthorized vehicles from entering the PMR lands.

8.

All roads, trails or other areas used by vehicles in mineral removal operations or activities shall have gates at specified locations. Measures to control dust and dirt arising from mineral removal operations shall be undertaken in accordance with conditions included in the PMR permit. Such dust control measures may include the application of dust inhibiting solvents or similar non-polluting surface treatments, particular road-surfacing measures or other actions as specified in the PMR permit.

9.

Storm water drainage on and from the mineral removal site shall be controlled so that adjacent or nearby lands will not be adversely affected by surface water drainage, erosion or other similar effects. The mineral removal site shall be contoured and graded so as to avoid the unintended impoundment of water, except where ponds or other bodies of water are proposed in an approved site rehabilitation plan.

10.

No storage of soil from lands outside the mineral removal area, nor the dumping, disposal, storage or stockpiling of stumps, concrete, asphalt, discarded building materials or other waste or discarded material may take place on the mineral removal site.

11.

Any processing plant and all equipment for sorting, crushing, loading, weighing, and other operations, shall not be located closer than two hundred (200) feet from any property line, three hundred (300) feet from a public road right-of-way, measured from a centerline, and one thousand (1000) feet from any existing dwelling or one thousand (1,000) feet of a residential district as identified in paragraph F.1 of this section.

12.

Any processing plant shall be located within the excavation area, and, if possible, shall be located at a point lower than the general level of the surrounding terrain, so as to reduce the visual and sound impact of the processing plant.

13.

Before the commencement of mineral extraction,

a.

A 10/47 type fence six (6) feet tall (standard six-foot farm-type fence) or six-foot-tall chain link fence (or suitable substitute approved by the Planning Commission) shall be erected around the perimeter of the active extraction and/or processing site and maintained in good condition until extraction and mining operations have been completed. A locked gate shall be provided at all access points from the public road to the extractive operation. Said gates shall be closed and locked at all times except during the permitted hours of operation.

b.

Berms and landscaping shall be installed at all locations around the site that lack natural screening, and shall consist of the following:

i.

Earth berms constructed to a height of eight (8) to eleven (11) feet above the mean elevation of the centerline of the adjacent public highway or the general level of the terrain along the interior property lines, whichever is higher. Such berms shall have slopes that are not in excess of one (1) foot vertical to three (3) feet horizontal and shall be planted with grass, trees, or shrubs. Every effort will be extended to use species that are native to the surrounding area; invasive species are prohibited without specific needs demonstrated.

ii.

Berms installed for noise control or for sight screening shall be exempts from the stockpile restrictions in setback areas.

14.

The Planning Commission shall require the posting of "Keep Out - Danger" or similar signs, placed every one hundred (100) feet along the entire perimeter fence.

15.

No blasting shall be allowed at any time as part of any mineral removal activities.

16.

The Planning Commission may require compliance with such other conditions as may be necessary to assure compliance with the terms of this section. Such conditions may include, though are not limited to, weed control; erosion and sedimentation controls; measures to prevent the tracking of dirt and other debris onto public streets; fencing and other visual screening; groundwater monitoring wells; preservation of trees and other vegetation; and limitations on the loading or storage of fuel for vehicles and equipment.

17.

Each year, the applicant shall provide an annual report to the Zoning Administrator indicating progress in implementation of the mineral removal plan as outlined in Section 12.18.D.4. In the event the Zoning Administrator determines that progress on the site is not proceeding in general conformance with the mineral removal plan or the Zoning Administrator finds that the operations on the site have departed in a material way from the approved PMR permit, the Zoning Administrator shall require that the applicant submit, within ninety (90) days of being so notified, an amended PMR application pursuant to this Section which shall be reviewed by the Planning Commission as if it were a new application. No more frequently than every two (2) years, the Zoning Administrator shall require that the applicant provide, at its own expense, an independent certification by a licensed surveyor or engineer, of the quantity of materials removed in the period since the last certification, the quantity of materials imported (if any) and their location on the site, the quantity of materials stockpiled and their location on site, the approximate quantity remaining on site but not yet extracted, the condition of any areas previously mined and reclaimed and the approximate remaining life of the facility.

18.

Within twelve (12) months of cessation of PMR operations, all plant structures, buildings, stockpiles, berms, and equipment shall be removed, provided, however, that buildings and structures which have a function under the reclamation plan and which can be lawfully used under the requirements of the zoning district in which the property is located may be retained.

H.

Public Hearing Procedures.

1.

No PMR permit shall be granted unless and until a public hearing is conducted by the Planning Commission in accordance with the requirements of Article IV.

2.

The Planning Commission shall convene a public hearing upon any application for the renewal of a PMR permit. The Planning Commission public hearing on a renewal application, public notice, and procedures therefore shall be in accordance with Article IV.

I.

Approval and Issuance of PMR Permit. After the public hearing as required above, the Planning Commission shall either approve, deny, or approve with conditions any application for a PMR permit.

1.

Issuance of Permit. The Zoning Administrator shall issue a PMR permit, without further public hearing, if such permit is granted by the Planning Commission, and further provided that the applicant has first submitted a performance bond and proof of insurance, as required by subsections H.2 and H.3.

2.

Performance Bond.

a.

An applicant for a PMR permit shall submit a performance bond, with an approved surety, in an amount approved by the Planning Commission or Township Engineer. The performance bond shall be conditioned upon the timely and faithful performance by the applicant of all of the terms and conditions of the PMR plan and the PMR permit.

b.

The performance bond shall not be refunded or reduced until the mineral removal operations and activities, land reclamation or restoration, and all other required activities have received final inspection and approval by the Township.

c.

If the applicant proposes to create a pond or lake on all or part of the PMR premises, the Planning Commission may nonetheless require the applicant to submit a performance bond in an amount sufficient to restore the area of the pond or lake to its original grade. The applicant must also comply with the Township Pond Ordinance.

d.

The applicant shall provide a minimum of sixty (60) days prior notice of non-renewal, expiration, or any other change in the performance bond. Upon receipt of the notice, if there is no plan submitted to ensure continuous bond performance coverage, the Zoning Administrator shall immediately suspend the PMR permit. The Planning Commission shall not thereafter reinstate or approve the renewal of the PMR permit, until such bond has been satisfactorily reinstated.

3.

Insurance. Prior to the issuance of a PMR permit, the applicant shall file with the Zoning Administrator a site-specific liability insurance policy of not less than two million dollars ($2,000,000.00) per occurrence for all liability claims arising out of the mineral removal activities. The liability insurance shall be for the purpose of covering property damage and bodily injury resulting from surface and/or subsurface mineral removal activities and shall name the Township, its elected and appointed officials, employees and agents as additional named insureds. Said insurance shall provide an endorsement that provides that the general aggregate limit of the operator's commercial and general liability apply separately to the site. Failure of the operator, or any persons, firm or corporation named in a policy to maintain such insurance policy shall be cause for revocation of the PMR permit.

J.

Transferability of Permits. No permit authorized by this section shall be transferred to a person or party other than the applicant to whom it was issued unless such transfer is first considered and approved by the Planning Commission. A transfer shall be approved only if the successor, operator, or property owner assumes the obligations of the former operator with reference to the mineral removal and reclamation activities, and such successor is found by the Planning Commission to have experience and credentials substantially equivalent to those of the original applicant.

K.

Expiration of Permits. Mineral removal operations and activities authorized by the terms of any PMR permit shall be commenced not later than one (1) year after issuance of such permit and shall be diligently pursued thereafter, unless the PMR permit provides otherwise. In the absence of timely commencement and diligent prosecution of such operations and activities, the PMR permit shall be of no further force or effect. Mineral removal activities or operations shall not thereafter be commenced unless a new PMR permit has been obtained pursuant to the procedures set forth in this section.

L.

Re-Application for Permit. An applicant whose application for a PMR permit has been denied, in whole or in part, by the Planning Commission shall not re-submit an application covering the same lands, or substantially the same lands, within eighteen (18) months after the date of such denial, except that a new application may be submitted and considered if there are significantly changed conditions which are determined by the Planning Commission to be sufficient to justify reconsideration of the application.

M.

Existing Permits. Upon the effective date of this section, existing special land use permits which have been previously issued under this Ordinance shall continue in effect until, but not after, the authorized amount of mineral material has been removed and any required site rehabilitation completed. In the case of such special land use permits which do not designate the amount of mineral material which may be removed, such permits shall continue in effect for the remainder of the period of time for which they were issued or last renewed. Mineral removal activities and operations shall not thereafter be conducted on the lands covered by the special land use permit unless a PMR permit has been obtained pursuant to the procedures set forth in this section.

N.

Application Fee.

1.

An applicant for a PMR permit shall pay the established application fee, and shall deposit the required amount into a zoning escrow account, when the application is filed with the Zoning Administrator.

2.

The applicant shall also maintain a minimum of ten thousand dollars ($10,000.00) in the established escrow account to defray the Township's cost of administration, surveillance and enforcement of the PMR permit, including but not limited to costs for review of applications, testing, monitoring, sampling, surveying, personnel expenses, enforcement, legal, engineering and other consultant fees, and other related costs and expenses. The minimum balance shall be revised by resolution or in the terms of an individual PMR permit, based on the actual costs the Township incurs in the administration, surveillance and enforcement of the PMR permit.

3.

Funds received from the application fee shall be deposited in the Township's general fund, or in such other Township fund as is established for other zoning application fees.

O.

Renewal of PMR Permits.

1.

This subsection applies only to the renewal of PMR permits for extraction of minerals from the same location or locations as permitted under an existing PMR permit. Applications for permission to expand mineral removal operations beyond the location approved under an existing PMR permit shall comply with the procedure set forth in this section for issuance of a new PMR permit.

2.

If renewal of a PMR permit is desired, an applicant shall apply to the Planning Commission for such renewal at least one hundred twenty (120) days before the expiration of the existing PMR permit.

a.

All of the applicant's rights and privileges arising under the permit shall terminate at the expiration thereof, if the permit has not then been renewed, and in that event all PMR operations covered by the expiring permit shall then cease, except approved emergency operations required to protect the public safety and except as stated in this subsection N.2.

b.

The termination of rights and privileges under a PMR permit, at the time of expiration of the permit, shall take place even though an applicant may have applied for renewal thereof and even though proceedings for such renewal may have commenced, unless the Planning Commission in its discretion votes by majority vote of those present to temporarily extend an expiring PMR permit during the period required for proceedings to consider renewal of the permit (however, such vote for temporary extension of the permit may be rescinded in the event that the applicant unduly delays such proceedings, whether by action or inaction).

c.

Upon the conclusion of proceedings for renewal of a PMR permit, if the permit is renewed, PMR operations may be resumed if and to the extent covered by the PMR permit as renewed.

3.

An application for PMR renewal shall consist of the following:

a.

The Zoning Administrator's Certificate of Compliance, as described in subsection N.4, below.

b.

A copy of the original application for PMR permit, with an addendum updating the information from the original application and supplying any information missing from the original application.

c.

A revised PMR plan, drawn and sealed by a registered civil engineer, showing the areas of the site which are currently under excavation, which are in the process of reclamation, and which have been reclaimed.

d.

A narrative describing the special or unusual conditions that justify renewal of the permit beyond the time provided in the original permit.

e.

The required application fee and any required deposit of funds into an escrow account for reimbursement of Township expenses.

f.

The Township may require additional information, if necessary, in the consideration of the requested renewal, or the Township may waive any of the above-stated application requirements, but the requirement of the Certificate of Compliance shall not be waived.

4.

The Planning Commission shall not consider an application for renewal unless the applicant submits a Certificate of Compliance signed by the Township Zoning Administrator, which states that the mineral removal operation, as of the date of signing of the Certificate of Compliance, is in compliance with the present PMR permit and all Township ordinances, and that all required mineral removal fees and escrow deposits have been paid.

a.

Upon request by an applicant for a Certificate of Compliance, the Township shall promptly arrange to have the PMR operation reviewed and inspected. If the Zoning Administrator finds that the operation is in compliance, the Zoning Administrator shall issue a Certificate of Compliance. The Certificate shall also describe any past violations which have been rectified.

b.

If the Zoning Administrator finds that the operation is not currently in compliance, the Zoning Administrator shall notify the applicant in writing of the steps necessary to cure such deficiency.

c.

The issuance of a Certificate of Compliance does not require the Planning Commission to approve a renewal of the PMR permit.

5.

In making decisions regarding renewal, the Planning Commission shall apply the standards for approval applicable to new permits under this Ordinance, taking into consideration current conditions in the vicinity, the operational history under the previous PMR Permit, any complaints or comments about the PMR operation, and whether there are special or unusual conditions justifying the renewal. The Planning Commission shall convene public hearings on the PMR Permit renewal application. Conditions may be attached to the renewal which are in addition to or different from those contained in the previous permit.

P.

Modification of the PMR Site Plan. The PMR site plan may be modified at any time by mutual consent of the operator and the Planning Commission to adjust to changed conditions, technology, or to correct an oversight, provided that the change otherwise complies with this section. The Planning Commission shall require the modification of the PMR site plan when:

1.

Modification of the plan is necessary so that it will conform to the existing laws.

2.

It is found that the previously approved plan is clearly impractical to implement and maintain.

3.

The approved plan is obviously not accomplishing the intent of this Ordinance.

Q.

Enforcement.

1.

Enforcement of the terms of a PMR permit may be directed against the PMR applicant and all operators acting or purporting to act under such permit, or any of them. Full and timely compliance with all of the terms of this section and all of the terms of the applicable PMR permit is a condition for the continued effectiveness of the permit or for any renewal thereof.

2.

In the enforcement of the provisions of this section and those of any PMR permit, the Township may avail itself of all procedures and remedies described in Article XXI of this Ordinance and all other remedies provided by law.

3.

The Zoning Administrator or other designated Township representative shall act as the agent of the Planning Commission in the administration, supervision and enforcement of PMR permits.

a.

The Zoning Administrator or other designated Township representative shall be entitled to access to the applicant's PMR lands during reasonable business hours, for the purpose of verifying compliance with the PMR permit requirements and requirements of this Ordinance.

b.

When activities on or the use of the PMR site, or any portion thereof, have ceased for more than one (1) year or when, by examination of the premises or other means, the Zoning Administrator determines a manifestation of intent to abandon the PMR operations, the Zoning Administrator shall give the operator written notice of their intention to declare the PMR site or portion thereof abandoned. Within thirty (30) days following receipt of said notice, the operator shall have the opportunity to rebut the Zoning Administrator's evidence and submit other relevant evidence to the contrary. If the Zoning Administrator finds the operator's evidence of continued use satisfactory, it shall not declare abandonment.

c.

The Zoning Administrator is authorized to demand compliance with the terms of this section and the PMR permit. In the absence of such compliance, the Zoning Administrator shall issue an order directing the applicant and any operator to cease immediately all mineral removal work on or from the premises and all other operations relating thereto.

d.

Upon the issuance of a stop work order, the applicant and any PMR operator shall have no further right or privilege to continue or to conduct any PMR operations, except permitted emergency operations required to protect the public safety and except any authorized limited operations which may be authorized by any such order.

e.

Failure to maintain all required state or federal licenses for a PMR permit shall result in the immediate revocation of the PMR permit by the Zoning Administrator.

R.

Zoning Administrator's Duties. Any duties assigned to the Zoning Administrator under this section may be performed by the Township Engineer or by any other qualified Township or County personnel or officer so designated by the Zoning Administrator, Planning Commission or Township Board of Trustees.

S.

Other Matters.

1.

All signs on a PMR site shall be in compliance with the provisions of Article XVII of this Ordinance.

2.

All off-street parking on a PMR site shall be in compliance with Township ordinances.

3.

Landscaping on a PMR site shall be provided in accordance with Township ordinances.

4.

All exterior lighting on a PMR site shall be in accordance with Township ordinances.

(Ord. No. 04-09-2026, § 1, 4-9-2026)