Click on word or picture links for more information.
We either grow it or we mine it.
Farming and Mining are not illegal.
Pollution of our environment is!
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Click on word or picture links for more information. We either grow it or we mine it.
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ORDINANCE NO. ________
MINERAL EXTRACTION ORDINANCE
AN ORDINANCE FOR REGULATION AND LICENSING
OF MINERAL EXTRACTION OPERATIONS.
THE TOWNSHIP OF LAKE HEREBY ORDAINS:
1.FINDINGS
The Township
finds that mineral extraction operations can negatively affect the health,
safety, and
welfare of Township
residents unless such operations are adequately regulated. Mineral extraction
operations can
pollute the environment, damage the water supplies, cause noise nuisances,
dust
nuisances, damage
the roads and create conditions that are dangerous to Township residents.
If
unregulated,
completed mineral extraction operations can leave land in a condition that
is unsightly and
presents an
attractive nuisance. The Township has authority to enact ordinances regulating
the public
health, safety
and welfare pursuant to Public Act No. 246 of 1945, being section 41.181
of the Michigan
Compiled Laws.
a.A Mineral License Board is established by this Ordinance to further the above purposes.
b.The Mineral License Board
shall be composed of the Township Supervisor and four members
appointed for
two year terms by the Township Supervisor. The appointment of members 1
and 3 shall
end on December
31, in odd numbered calendar years, and members 2 and 4 shall end on December
31,
in even number
years.
1.LICENSE REQUIRED
No person shall
commence or continue a business activity involving mineral extraction from
any
property in
the Township without first obtaining a mineral extraction license issued
by the Mineral
License Board
pursuant to this ordinance.
1.For the purpose of this ordinance mineral extraction is defined as the
mining, quarrying
excavation or other removal or processing of sand, gravel, soil, metallic
minerals, or other
minerals from the location of the mineral extraction site.
2.For the purpose of this ordinance, processing is defined as washing,
sorting, crushing,
aggregating, grinding or cutting.
3.A mineral extraction license does not permit other uses including but
not limited to on-site
processing of material from off-site, asphalt, cement or other manufacturing
operations of any
nature.
2.COMPLIANCE WITH LICENSE
No person who
has been issued a license pursuant to this ordinance shall engage in activity
contrary to
the terms of
the license or contrary to the terms of this ordinance.
3.LICENSE APPLICATION
A license shall
only be issued based on an original signed application submitted to the
Township Clerk
together with
four duplicates as stated below. Prior to submission of an Application,
the Applicant shall
attend a pre-application
conference with Township Officials and pay a pre-application fee, as
determined by
resolution of the Township Board. To be complete each application must
contain the
following:
a.Names and full address of all parties having an interest in the land
and/or an interest in the
operation on the site. Evidence of such interest shall be provided along
with any current
partnership agreement, articles of incorporation or assumed name certificate.
Written consent of
the legal title holder is also required.
b.The applicant’s signature and date shall appear on the first page of
the application original and on
all duplicates submitted to the Township for review. In addition, each
page of the complete
application submittal shall include the original application date in the
lower right hand comer. If
the application is subsequently amended, each replacement page shall bear,
in the lower right
hand comer, the original application date and the date of the submittal
of the page revision. All
applications shall be made in a loose leaf, 3-ring binder in order to facilitate
the replacement of
pages.
c.A full legal description and drawing of the site prepared by a registered
surveyor showing the
number of acres on each portion of the site to be mined.
d.An aerial photo showing the property and adjacent areas within the 2,000
feet of the site and a
map showing the property boundaries of all parcels within 500 feet of the
site, including the name
of the property owner and use of the site.
e.Detailed drawings, prepared by a registered land surveyor or registered
professional engineer,
showing the following:
i.Existing site improvements including buildings, drives, wells, and drain fields;
ii.Existing topography at contour levels of five (5) feet, interpolated
from US Geological
Survey (USGS) data, unless an interval of less than five (5) feet is deemed
necessary for
review by the Township Engineer at the Pre-Application Conference.
iii.Extent of future mining areas and depth thereof,
iv.Location and description of structures and stationary and/or portable
equipment to be
located on the site during mining operations;
v.Location and description of soil types;
vi.Tree areas and other natural features to be preserved;
vii.Location and types of materials for visually screening the site;
viii.Location and dimensions of drives;
ix.Lane widening on public roads at intersections with drives;
x.Locations of test wells for monitoring water quality.
f.A complete description of proposed pollution and erosion control measures.
g.A map showing truck routes and/or private easements to the site and a
letter of preliminary
comments from the Menominee County Road Commission impacted by the truck
routes.
h.The estimated average amount of gravel, sand, or other materials and
the maximum amount of
minerals, to be removed each year of the plan for mineral excavation.
i.Evidence that a bond or security deposit (if required) has been supplied
to the Menominee
County Road Commission in an amount sufficient for maintaining the truck
haul route during the
term of the license until reclamation has been completed.
j.The estimate average number of trucks per day, and the maximum number
of trucks per day that
are to haul minerals from the site each year of the plan.
k.A detailed reclamation plan showing that the entire property will be
left in a form that is suitable
for development with uses that are permitted in the district, relating
such reuse to uses existing or
probable for surrounding properties. The reclamation plan shall include
the following elements:
i.Proposed topography at contour intervals of two (2) feet for entire site;
ii.Schedule of progressive rehabilitation. After mining is completed on
one specified area,
quadrant, or cell, reclamation shall follow progressively in reasonable
stages set forth in the
plan before mining continues on other areas of the site;
iii.Proposed ground cover and other plantings to stabilize the soil surface
and to beautify the
restored area;
iv.Concept plan of the proposed use of the site when restored, drawn to
scale, and prepared
by a registered engineer, registered landscape architect, or registered
architect. The
Concept plan shall include the proposed circulation system, including location
of internal
roads and connection to the external road network, delineation of drainage
patterns,
identification of flood plains, and conceptual layout of lots (if residential
is proposed). The
use proposed in the Concept plan must be acceptable to the Mineral License
Board based
on a review of the zoning district, Township Master Plan, surrounding land
uses, and site
characteristics. In addition, the applicant shall describe provisions for
obtaining necessary
permits and approvals for the future use(s). A landfill or other disposal
or refuse site is not
a suitable or satisfactory use;
v.When the proposed future use, as deemed appropriate by the Mineral License
Board,
includes residential units or other uses requiring the use of septic fields,
the Applicant shall
provide a description of the construction and rehabilitation techniques
that will be used to
ensure that developable areas of the site have suitable soils to meet septic
field standards
established by the Menominee County Health Department. Also, provisions
to supply the
site with potable water for future uses shall also be described;
vi.Details as to how compliance with the Restoration Standards in Section 9 will be met.
vii.Description of methods and materials to be used in restoring the site;
viii.The proposed date for completing all extraction operations and the
date for completing final
restoration;
l.A proposed surety bond, irrevocable bank letter of credit in satisfactory
form, or security deposit
in an amount sufficient to guarantee restoration of the site. In fixing
the amount of such surety
bond, the Mineral License Board shall take into account the size and scope
of the proposed
excavation, probable costs of rehabilitating the premises upon default
of the operator,
recommendation of the Township Engineer, estimated expenses to compel the
operator to comply
by court decree, and such other factors and conditions as might be relevant
in determining the
sum reasonable in the light of all facts and circumstances surrounding
each application.
m.Michigan
State Fire Marshall and/or Michigan State Police permit for the on-site
storage or
transfer of fuels; or a written indication from the applicable agency that
a permit is not required.
n.A proposed liability insurance policy of not less than $1,000,000 per
incident for all liability claims
arising out of the site.
o.An application fee, in an amount established by resolution of the Township
Board, shall be
provided at the time of the application submittal.
p.The first annual license fee, in an amount established by resolution
of the Township Board, shall
be provided at the time of application submittal and, if approved, subsequently
on the anniversary
date of the issuance of the mining permit. The fee shall be held in escrow
pending decision on
granting the application. The annual fee shall remain payable on all acreage
not yet restored.
q.A description of the proposed operation including whether it is for mining
and/or processing; and
specifications of whether the applicant will perform extraction methods
in a manner that does or
does not require artificial means to lower the existing groundwater table.
r.Drawings, aerial photographs and plans submitted with an application
shall be correlated by
transparent overlays, combined maps or other means that clearly set forth
site features and
proposed features and requirements of this ordinance including setbacks.
s.Copy of any permit(s) from the Michigan Department of Natural Resources
(DNR), or letter(s)
from the DNR showing that a permit is not required for the proposed mining
or reclamation by
Act 451 of the Public Acts of 1994, as subsequently amended, under any
one or more than one of
the following:
i.Part 31 - Water Resources Protection Act
ii.Part 55 - Air Pollution Control Act
iii.Part 301 - Inland Lakes & Streams Act
iv.Part 303 - Wetlands Act
v.Part 323 - Shorelands Protection and Management Act
vi.Part 353 - Sand Dune Protection and Management Act
vii.Part 363 - Endangered Species Act
viii.Part 625 - Mineral Wells Act
ix.Part 631 - Reclamation of Mining Lands Act
x.Part 633 - Mineral Mining Act
xi.Part 635 - Surface & Underground Coal Mine Reclamation Act
xii.Part 637 - Sand Dune Mining Act
xiii.DEQ permits for Solid Waste Disposal Facility Construction
xiv.DEQ Solid Waste Facility Operating License
xv.DEQ permit for National Pollutant Discharge Elimination System
t.A hydrogeological analysis, prepared by a Registered Professional Engineer
or Certified
Professional Geologist with experience in hydrogeological studies, shall
be provided for all
projects that propose a dewatering operation during any phase of the mining
development. The
analysis shall demonstrate that the proposed operation will have no significant
impact on existing
private water supply wells within the influence of the site dewatering
operations. The
hydrogeological report shall include the following;
i.Test pumping data at the site and analytical computations used to access
potential
dewatering impacts.
ii.A test well and computer model shall be used to determine the probable
drawdown of the
proposed dewatering. The hydrogeological report shall determine the direction
and rate of
flow of groundwater, the upgradient and down-gradient water quality, aquifer
characteristics
(when soil dewatering is planned), extent of dewatering influence, and
impact on
surrounding water supply wells. A minimum of three (3) monitor wells shall
be installed
according to the requirements of the Michigan Department of Environmental
Quality.
Locations of wells shall be improved by the Township Engineer.
iii.Well logs of existing wells within 2000 feet of the site boundaries.
iv.A written statement of the impact the proposed operation will have on
private wells shall be
provided, as well as a plan for mitigation measures in the event that existing
wells are
impacted by the dewatering operations.
v.Groundwater testing of each well shall take place prior to commencing
extraction
operations to establish background water quality levels. Annual tests of
each well shall be
performed and results shall be provided to the Township within 30 days
of the anniversary
date of permit issuance. At a minimum, the ground water shall be tested
for the following:
Benzene, Ethylene, Xylene, Toulene (BETX), and Polynuclear Aromatic Hydrocarbons
(PNA).
vi.A description of the discharge rate and discharge location(s) of the
dewatering operation,
including an assessment of the potential for flooding in the area and downstream
from the
point of the discharge.
In the event that no dewatering is proposed, the applicant shall provide
sufficient data to establish
the direction of groundwater movement in the area. A minimum of three (3)
monitor wells shall be
installed according to the 3-point method, retained for future monitoring,
and constructed
according tot he requirements of the Michigan Department of Environmental
Quality. Locations
of wells shall be approved by the Township Engineer. In addition, the Applicant
shall supply well
logs of existing wells within 2,000 feet of the site boundaries. Groundwater
testing shall be
performed in accordance with Section 4.20.5 above.
u.Four duplicate copies of all of the above except the application fee,
and the first annual license
fee. One duplicate is for the Township Engineer for his review and report,
one duplicate is the
records of the Mineral Licensing Board; one duplicate is for the Mineral
License Board to attach
to the Applicant's License, if approved; and the final copy is to attach
to the Township's copy of
the License, if approved. The original is maintained in the Township Clerk’s
records.
4.REVIEW OF APPLICATION BY MINERAL LICENSE BOARD
Once a complete application is submitted, the Mineral License Board shall, within 60 days:
a.Approve a license based on the following findings;
i.The applicant can comply with this ordinance;
ii.The operation will not adversely affect the health, safety, and welfare,
of the residents of
the Township;
iii.The site will be restored so it is safe and harmonious with surrounding land uses;
iv.The necessary fees, bonds, security deposits and evidence of insurance
have been
submitted;
v.The proposed operation will not adversely affect the water table or water
quality or supply
of any surrounding land;
vi.The use proposed in the reclamation plan is acceptable, based upon a
review of the
Township Zoning Ordinance, Township Master Plan, surrounding land uses
and site
characteristics
b.Disapprove the license based on one or more of the following findings
that the applicant has failed
to demonstrate that:
i.The applicant can or will comply with this ordinance; or
ii.The operation will not adversely affect the health, safety, and welfare
of the residents of
the Township; or
iii.The site will be restored so it is safe and harmonious with the surrounding land uses; or
iv.The proposed operation will not adversely affect the water table or
water quality or supply
of any surrounding land; or
v.The use proposed in the reclamation plan is acceptable to the Mineral
License Board,
based upon the Board's review of the Township Zoning Ordinance, Township
Master Plan,
surrounding land uses and site clearances.
c.Conditionally disapprove the license until the applicant submits revised
document(s) providing
that the license should be approved.
d.Extend the period of review for an additional 30 days based on a written
determination that
additional review is needed.
5.ISSUANCE OF LICENSE
If a license
is approved, the Mineral License Board shall issue the license in duplicate
upon deposit of
the required
fee, bond, irrevocable letter of credit, or security deposit, and proof
of insurance by the
licensee. One
duplicate original will be provided to the applicant, and the other will
be maintained by the
Township Clerk.
6.FORM OF LICENSE
The license shall
be prepared in duplicate originals and signed by the Township Supervisor
and
Township Clerk,
after approval by a majority of the Mineral License Board, and contain
the following:
a.A full description of the operation permitted by the license based on approved plans and drawing;
b.A full description of the restored site based on the approved plans and drawings;
c.Dates for the completion of the operations and the completion of restoration;
d.The dates for which the permit is valid based on the continual restoration
schedule approved by
the Board;
e.Signed commitments for compliance with the ordinance and the license
by all parties having an
interest in the land and the operation; and that the licensee will reimburse
all legal, engineer and
investigation costs incurred by the township in establishing any violations;
f.That Township agents, representatives, independent contractors and engineers
are authorized to
enter upon the property at any time for the purpose of inspection and may
extract from the
property such small samples of water, soil and other materials as may be
necessary to assure
compliance;
g.That it remains subject to required annual inspections by the Township
Engineer and/or other
agents of the Township and payment of annual license fees; and reimbursement
of the Township
Engineer's fees for monitoring to determine compliance with the license;
h.All required attachments to the application.
7.COMPLIANCE BY LICENSEE
All persons or firms engaged in the activity of mineral extraction shall comply with the following:
a.Operate only with a license issued under this ordinance.
b.Make payment to the Township Clerk, on each anniversary date of the license,
of the annual
permit fee established by resolution of the Township Board, to be held
in escrow pending
satisfactory results of the Township's annual inspection.
c.Operate only in compliance with the terms and limits of the license.
d.Operate only between 7:00 a.m. and 6:00 p.m. Monday through Saturday.
No operations shall be
permitted on Sundays or legal holidays.
e.Other than as specified in the application and license, no processing
of any nature, shall be
conducted at any time on site.
f.All fixed machinery and equipment and buildings shall be located at least
250 feet from any lot
line and 500 feet from any existing residence.
g.No extraction, processing, loading, weighing, stockpiling or other operations
or equipment
storage or repair shall take place closer than 250 feet from any road right
of way, 500 feet from a
residence or 250 feet from any other property boundary, whichever is farther.
h.There shall be no excavation unless there is adequate lateral support
for adjoining land as
determined by the Township Engineer.
i.Stockpiles of soil to be used for the reclamation shall be seeded or
otherwise maintained to avoid
erosion.
j.Grading shall be maintained so that a drainage nuisance is not caused on adjacent property.
k.Operations shall be conducted so the noise from the site when measured
outside its legal
boundaries does not exceed 70 decibels ("a" scale) for a period longer
than a minute. Equipment
shall be installed, used and maintained so that noise and vibration emitted
from the site do not
exceed the level reasonably necessary for the operation of the equipment.
l.The operation shall be conducted so it will not cause any contamination
or change in the quality of
ground or surface water outside the site. The quality of ground water shall
be monitored by
adequate test wells as determined by the Township.
m.There
shall be no excavation within 500 feet of any stream or waterway unless
approved in
writing by the Michigan Department of Natural Resources.
n.There shall be not more than one entrance way from a public road for
each 660 feet of front lot
line.
o.Each entranceway shall be located not less than 500 feet from an intersection
of two or more
public roads.
p.The site including ingress and egress shall be treated and maintained
so that dust does not blow
onto neighboring properties.
q.Berms, fences and landscaping shall be installed at all locations around
the site which lack natural
screening. The screening shall consist of one or any combination of the
following:
i.Earth berms constructed to a height of 6 feet above the mean elevation
of the centerline of
the adjacent highway or 6 feet above 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 I
foot vertical to 3 feet horizontal and shall be planted with grass, trees
or shrubs.
ii.Plantings or evergreen trees or shrubbery in rows parallel to the boundaries
of the
property, not less than 4 feet in height at the time of the planting and
which grow to not less
than 6 feet in height at maturity and sufficiently spaced to provide effective
sight barriers
when 6 feet in height.
iii.Masonry walls or attractive solid fences made of uniform new materials,
constructed to a
height of not less than 6 feet and maintained in good repair.
r.Where an excavation leaves standing water with a depth of greater than
4 feet, the applicant shall
erect a fence completely surrounding the portion of the site where the
body of water extends, said
fence to be not less than six (6) feet in height complete with gates, which
gates shall be kept
locked when operations are not being carried on.
s.Where quarrying operations result in a body of water, the owner or operator
shall place
appropriate "Keep-Out-Danger" signs around said premises not more than
two hundred (200)
feet apart.
t.All portions of the site not currently being mined (without mining activity
for forty days) shall be
graded so that slopes are not steeper than one (1) foot vertical for each
two (2) feet horizontal and
shall be adequately covered and planted to prevent erosion.
u.All fuels, chemicals and other hazardous materials to be contained on
site shall be noted in the
application, including material, quality, use, and method of primary and
secondary containment.
All containment structures or devices shall be designed and operated to
prevent groundwater
pollution. The applicant shall also provide a written spill response plan,
in the event that a
hazardous materials spill occurs on site. Said plan shall indicate how
any and all contaminated
material will be collected and disposed.
v.All regulations or directives of the Menominee County Health Department
applicable to the
operation set forth in the license.
w.Only equipment or vehicles owned or leased by the operator shall be stored on the site overnight.
x.The operator must require, that the drivers of all vehicles prior to
exiting the site, clean
thoroughly the license plates of their vehicles, and the failure to do
so shall be a violation of this
ordinance.
y.Materials will only be loaded onto trucks reaching and leaving the site
on truck routes specified
on the license.
z.Be responsible for adequately treating against dust and improving and
maintaining to Menominee
County Road Commission standards the public roads. Bridges and culverts
directly servicing the
site; as necessitated by the truck traffic over the haul route to or from
the site. Any roads used
for the purpose of ingress and egress to said excavation site which are
located within three
hundred (300) feet of occupied residences shall be kept free of dust and
blowing debris and shall
be hard topped with cement, bituminous substance or chemical treatment.
aa.Maintain
a record or copy of the load ticket for each truck departing with extracted
minerals from
the site. These records must include driver and truck/trailer identification,
date, time, and load;
and must be made available to the Township upon demand for inspection and
copying.
ab.Potable
water supply and sanitary sewage disposal systems shall be approved for
the site by the
County Health Department.
ac.No material from outside the site shall be brought in for processing or storage.
ad.The
operators must maintain the liability insurance approved with the license
and annually
provide proof of that insurance to the Township.
ae.No explosives shall be used on the site.
8.RECLAMATION
Reclamation in
accordance with the following restoration standards must begin as soon
as the mining of
any area of
the site is completed or mined to the limits shown on the application (whichever
comes
first);
a.The reclamation shall be in accordance with the license.
b.Ponding shall be avoided in all areas except in designated lake areas.
This shall be accomplished
by all excavation being either to a water-producing depth or shall be graded
or backfilled to
ensure that the excavated area will not retain or collect stagnant water.
For the purposes of this
subsection, a water-producing depth shall be defined as not less than ten
(10) feet below the
average summer level of water in the excavation.
c.In the event filling of the mined area is necessary in the course of
reclamation, the fill material
shall consist only of soil material, which is brought into the site in
compliance with the following:
i.A detailed statement indicating the quantities of material to be disposed
of, and the exact
locations from which the material will be brought.
ii.A report specifying in detail the testing to be undertaken by the applicant
at each source
location to ensure that the material being brought on site is not contaminated.
The report
shall include an opinion by a qualified independent soil scientist, soils
engineer,
hydrogeologist or geologist, confirming that the material from each source
location is not
contaminated.
iii.Set forth in detail the arrangement and nature of all operations, including
the quantity of
each type of material to be brought on site and the location from which
it will be brought.
iv.Set forth a detailed explanation as to the routing of all vehicles bringing
material to the site,
and their size, weight and frequency of trips.
v.Set forth in detail the precautions taken to ensure against any soil
erosion or sedimentation
control problems.
vi.Set forth in detail the contingency cleanup procedures to be utilized
in the event of any
contamination of the underlying groundwater or surface water.
d.In general, grades of areas which are not permanently submerged will
be gently rolling to
minimize soil erosion and shall be blended into existing grades in a harmonious
manner, No
unsubmerged grade shall exceed one (1) foot vertical to four (4) feet horizontal,
unless an
unmodified area remains on site that has a natural grade in excess of 1:4
and the Mineral
License Board finds that modification of this area is not necessary. In
addition to the above, the
reclamation plan shall show an internal future development area of 200
feet from the site
property lines. Within this area, site grades shall be reduced to a sufficient
slope to support an
internal road on residential lots fronting on at least one side of the
road. This area may be
reduced to 100 feet where the Mineral License Board finds that residential
development is not
feasible future land use for the site and the use proposed does not require
a 200 foot area with
less steep grades. Grades of all areas that are permanently submerged shall
not exceed one (1)
foot vertical to five (5) feet horizontal from the shore to the depth of
five (5) feet below the annual
low water elevation. Notwithstanding the above, the maximum depth shall
not exceed fifty (50)
feet.
e.Topsoil of a quality equal to that occurring naturally in the area shall
be replaced on excavated
areas not covered by water, roads or other structures. The depth of topsoil
over the entire site
shall be sufficient to allow sod to grow.
f.Vegetation shall be restored by the appropriate seeding of grasses and
the planting of trees and
shrubs to establish a permanent vegetative cover on the land surface, to
minimize erosion, and
ensure long term stability of any sloped areas.
g.Reclamation must be completed within 12 months of cessation of mining
operations. All plant
structures, buildings, stockpiles 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. No further mining shall be permitted on a site when an area within
the site subject to
reclamation has not been restored within this time limit.
As part of the
reclamation process, all site debris including tree stumps, man-made materials,
etc. shall
be removed from
the site and properly disposed.
9.REVOCATION/SUSPENSION
The Township
Supervisor, in the case of a violation of this ordinance, may temporarily
revoke a license
issued under
this ordinance for up to 30 days where the public health, safety or welfare
may be affected.
Otherwise revocation
shall only occur after a warning, notice and a hearing before the Mineral
License
Board which
has the authority to permanently revoke the license or temporarily suspend
it where
conditions are
found to exist which indicate the licensee is operating in violation of
the terms of the
license, or
this ordinance, or in a manner adversely affecting the health, safety,
or welfare of the
residents of
the Township.
10.APPEAL
Any applicant
or affected property owner may appeal a decision of the Mineral License
Board under
this ordinance.
a.An appeal shall be decided by the Township Board after adequate notice, and a public hearing.
b.Based on facts presented at an appeal, the Township Board may make findings
redetermining
compliance with Section 5 of this Ordinance and remand the application
to the Mineral License
Board for granting of the license or other final disposition of license,
extend time limits of this
ordinance, and restore a revoked license.
11.EXEMPTIONS
This ordinance shall not apply to the following:
a.Operations that involve the removal of 100 cubic yards of less of material per year.
b.Usual and customary excavation associated with the construction of structures
or septic
tanks/fields under a permit from the Township and/or County.
c.The usual and customary balancing of land by cutting and filling on a
site in preparation for a
development approved by the Township in accordance with all Township ordinances
and
regulations. This exemption shall not permit the removal of more than 100
cubic yards of material
from the site.
d.Usual and customary excavation of land in the public right-of-way, when
associated with a public
utility or public facility improvement.
e.Ponds constructed in accordance with applicable provisions of any Zoning
Ordinance enacted by
the Township.
12.VIOLATIONS
a.Persons violating this ordinance may be fined $500.00 and imprisoned
for 90 days for each
violation. Each day an operation is carried on in violation of the ordinance
shall be considered a
separate violation.
b.An official designated by the Township Board shall be responsible for
investigating violations of
this Ordinance, distributing notices of violations, and other related administrative
functions. In
general, when a violation has been identified and confirmed, the enforcement
official shall issue a
Notice of Violation to the owner and operator of the facility, advising
a 15 day period to cease the
violation and come into compliance with the Ordinance. If the violation
continues, the
enforcement official shall contact the Township Supervisor to schedule
a hearing to be held by the
Township Board to determine if the matter should be referred to the Township
Attorney for
immediate remedy through a court of competent jurisdiction. A Notice of
hearing including date,
time, and place of the hearing shall be sent to the owner and/or operator
at least 10 days prior to
conducting the hearing. Upon review of findings of fact, the Township Board
shall take
appropriate action to ensure the ordinance standards and plan of approval
is met. In the event
that the violation poses an imminent harm to the public and requires immediate
action in a court
of competent jurisdiction, the Township Board may refer the matter to the
Township Attorney for
action without giving notices set forth above. The Township Attorney may
seek injunctive or
other appropriate relief.
13.EFFECTIVE DATE
a.This ordinance shall take effect 30 days after the date of publication
of the notice of adoption.
Beginning with that date all persons or forms wishing to commence mineral
extraction operations
must comply with the ordinance.
Section 15. SEVERABILITY
It is the intention
that if any portion of this ordinance is found, for any reason, to be invalid,
the
remainder of
the ordinance shall remain in effect.
14.VARIANCES
When there are
practical difficulties in the way of carrying out the strict letter of
ordinance, the
Township Board
shall have the power to vary or modify the application of the provisions
of this
ordinance, in
accordance with this section, so that the intent and purpose of the ordinance
shall be
observed, public
safety secured, and substantial justice done.
Any applicant
may apply for a variance from any provision of this ordinance by filing
an application for
variance with
the Township Clerk and paying a variance application review fee. The Township
shall
hold a public
hearing upon such application with-in forty-five (45) days from its filing.
The Township
Clerk shall
give notice of the hearing to the owners of all property within three hundred
(300) feet of the
subject property.
The notice shall be mailed to each such party by first class mail or hand
delivered and
shall be published
in a newspaper of general circulation in the Township not later than seven
(7) days
prior to the
hearing. The Township Board may attach reasonable conditions in granting
the variance
from any provision
of the ordinance to insure that the standards and intent of the ordinance
are met.
Violation of
conditions shall be considered a violation of the Ordinance and shall be
subject to the
penalties stated
in Section 13.
15.RELATIONSHIP TO OTHER LAWS
Whenever regulations
or restrictions imposed by this Ordinance are either more or less restrictive
than
regulators or
restrictions imposed by this or any other governmental authority through
legislation, rule
or regulation,
the regulations, rules or restrictions which are more restrictive or which
impose higher
standards or
requirements shall govern. However, wherever there is a conflict in determining
which is
the more restrictive
or imposes the higher standard, the standards of this regulatory ordinance
shall
govern. Regardless
of any other provision of this Ordinance, no land shall be used and no
structure
erected or maintained
in violation of any state or federal control or environmental protection
law or
regulation.
16.ADOPTION
This Ordinance
is adopted by the Lake Township Board at a meeting held on October ____,
2003. This
Ordinance, or
a summary of it together with a location in the Township where a true copy
of the
Ordinance can
be inspected or obtained, shall be published in the (Need name of local
newspaper used
by Township
for publication) within 30 days of adoption. The Ordinance shall take effect
30 days after
the date of
publication of the notice of adoption.
Ayes:
Nays:
Absent:
Ordinance Declared Adopted on October ____, 2003.
______________________________
Robert Desjarlais
Township Supervisor for the
Township of Lake
CERTIFICATE OF ADOPTION AND PUBLICATION
I, Barbara Racsek, the duly elected Clerk of the Township of Lake certify
that the foregoing ordinance is a true
and correct copy of the ordinance enacted by the Township Board of
the Township of Lake on October ___, 2003
and published in the (Need name of local newspaper used by Township
for publication), a newspaper circulated in
the Township of Lake on October ___, 2003.
______________________________
Barbara Racsek
Township Clerk for the
Township of Lake
FEES
Pre-application Fee:$1000.00
Pre-application fee, for pre application conference with engineer
and planner, including Township Enforcement
official and Chairman, Mineral License Board - payable in advance of the
conference.
Application Fee:$3500.00 (Basic fee $1000.00 plus escrow of $2500.00)
Application Fee, The escrow is to cover estimated costs
of the engineer, planner and/or legal. Any costs in
excess of the application escrow would be payable before issuance of
license. If costs are less than the escrow,
the difference would be refunded.
Annual License Fee:$2800.00 (Basic fee $300 plus escrow of $2500.00)
Annual License Fee, the escrow is to cover estimated costs of
monitoring and enforcement throughout the year.
Any costs in excess of the annual license escrow would be payable
before renewal of the license. If the costs
are less than the escrow, the difference would be refunded or applied
toward the succeeding annual license fee.
Variance Request Fee $500.00
Variance Request Fee, payable at the time of filing the variance
request. If special meeting is requested, add
$400.00.
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