[HISTORY: Adopted by the Township Board of the Township of Putnam 12-18-1991 by Ord. No. 24 (Ch. 12 of the 2004 Township Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 340.
This chapter shall hereinafter be known and cited as "Putnam Township Mining Ordinance."
Putnam Township recognizes that sand, gravel, and other earthen deposits within the Township's land area are nonrenewable natural resources necessary and beneficial to the welfare of its inhabitants and the surrounding regional area. In order to provide for the utilization of these resources in a manner compatible with nearby residential areas, and to insure complete restoration for another land use at the conclusion of the extraction, it is necessary to regulate and provide procedures and standards for mining and extraction of earthen materials and for the restoration of the land at the conclusion of the extractive operation. These regulations are required because such mining operations and the related activities cause unique and substantial impacts upon the environment and the welfare of adjacent properties and the community as a whole.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT, OWNER and OPERATOR
Includes the owners, tenants, lessees, agents, servants or assigns.
EXTRACTIVE OPERATIONS
The removal of any earthen material, including topsoil, sand, gravel, stone, or any other earthen material for the purpose of disposition away from the premises. Excavation in excess of 500 cubic yards incidental to the construction of a building when the excavated material is to be disposed of away from the premises is deemed to be an extractive operation. Excavation within a public right-of-way, within public roads or drainage easements, shall not be deemed an extractive operation.
SITE
The entire real property that is the subject of the application.
A. 
Unlawful to extract earthen materials without permit. It is unlawful for an owner, leaseholder or any other persons or entities who own, manage, lease, or otherwise occupy the site of the extractive operation to conduct any extractive operation without first having complied with and having obtained the necessary zoning permits pursuant to Chapter 340, Zoning, of the Code of the Township of Putnam and having obtained the permit required by this chapter.
B. 
Responsible parties. Any party having an interest in the land, including the owner, leaseholder, or operator, shall be equally responsible for complying with the requirements of this chapter. Each party having any of the interest mentioned above shall have the responsibility of taking all necessary precautions and actions to prevent the violation of this chapter.
A. 
Filing of application. Applications for the extractive permit shall be filed with the Township Clerk by the owners and leaseholders, if any, of the land proposed for extractive operations. The application shall be promptly forwarded to the Township Board by the Clerk. Each application shall be accompanied by a fee to compensate the Township for its administrative expenses in reviewing, processing and conducting the necessary investigations prior to resolving to grant or deny the permit.
B. 
Information and date required. The following data and information shall be required in and with the application for a permit:
(1) 
A legal description of the property;
(2) 
A list of any deed restrictions appearing in the chain of title;
(3) 
A list of names and addresses of persons, firms or corporations having legal or equitable interests in the property;
(4) 
Six copies of a two-foot contour interval topographic map of the site, including the proposed locations of access drives, parking and loading areas, excavation equipment, and existing streets, buildings, and drainage facilities located within 200 feet outside of the perimeter of the site;
(5) 
Report by a qualified hydrologist regarding the effect the proposed operation will have upon the watershed of the area, with particular attention being devoted to the water table, and if water bodies are to be created, the anticipated permanence of such, depth of any lake and other pertinent data;
(6) 
An environmental impact statement that assesses the operation's impact on the natural features on the property which is to be the subject of the extractive operation and upon the surrounding area;
(7) 
A statement of compatibility with surrounding uses;
(8) 
Background noise and fugitive dust readings;
(9) 
Excavation methods, depths and drainage methods;
(10) 
Dust control plan;
(11) 
Estimated amount of material and types of material to be taken from the site;
(12) 
Site clearance methods and debris cleanup;
(13) 
Soil erosion control methods;
(14) 
Treatment of ponded or surface water;
(15) 
Operating hours;
(16) 
Information on extraction equipment to be used;
(17) 
A site map (from both aerial and cross-section perspective) divided into cells and timing of anticipated cell development that shows:
(a) 
Berming and other screening plans;
(b) 
Delineation of entrance, exit and haul routes to the Township boundaries;
(c) 
Location of land uses/natural resources and public rights-of-way within 500 feet of the operation;
(d) 
Fencing, and other security measures such as signage;
(e) 
Setbacks;
(f) 
Location of proposed structures and utilities;
(g) 
Location of sediment ponds and drainage, diversions, and discharge points; and
(h) 
Location of equipment on the site.
(18) 
Anticipated ending date of extractive operation; and
(19) 
The restoration plan shall be prepared by a professional engineer or registered landscape architect. All restoration operations shall be performed in accordance with the restoration plan approved by the Putnam Township Board of Trustees. The restoration shall be completed within one year of the termination of the extractive operations. The restoration plan shall provide the following information:
(a) 
Boundary lines of the property and dimensions and bearings of the property lines correlated with the legal description;
(b) 
Location and extent of all natural features to be retained after extraction operations, including but not limited to wetlands, streams, and wooded areas;
(c) 
The slope of all restored areas;
(d) 
Proposed completed topography at contour intervals of not more than two feet;
(e) 
A schedule integrating the areas of progressive rehabilitation with the final restoration plan;
C. 
An application fee shall be the greater of $1,000 or $50 multiplied by the number of acres of land comprising the site. Applicant shall also reimburse the Township within 30 days of receipt of invoices for all reasonable expenses incurred by the Township with respect to experts retained by it to review and process the application.
D. 
Issuance or rejection of the permit. The Putnam Township Board shall, by resolution, after the application has been fully reviewed, grant or deny the application for a permit.
E. 
Compliance with future amendments to chapter. Any permittee shall be required to comply with the provisions of any future amendments to this chapter.
The Township, through its agents, shall have the reasonable right to enter any private property to conduct the necessary inspections while reviewing the application. The Township shall also have the right to conduct the necessary periodic inspections to determine if any violation of any provisions of this chapter exists. It shall be unlawful for any person to resist or prevent said person from carrying out the purpose as herein set forth.
A. 
Ongoing fees. In order to reimburse Putnam Township for its costs incurred in enforcing the provisions of this chapter and monitoring the performance of the permittee, the permittees shall make monthly payments to Putnam Township in an amount equal to $0.05 per ton with respect to each ton of sand, gravel or other earthen material removed from the site. The payment by the applicant to Putnam Township shall be made on or before the 15th day of the month following the close of the previous month based upon the quantity of materials removed from the site during the previous month.
B. 
Annual report of material remedies. At the end of each calendar year, and as of the date of termination in the final year of operations, the applicant shall furnish Putnam Township a written report prepared by a person or entity who regularly performs such audits in the regular course of his or its business. The report shall certify the amount of materials removed by the applicant during the previous year, or during such portion of the year until the date of termination, as is applicable.
The applicant shall obtain and file with the Putnam Township Clerk copies of any and all other permits required by other units of government prior to the commencement of any extractive operation.
A. 
Excavation and restoration plans.
(1) 
The Township Board is authorized to approve the manner and order of restoration of proposed new excavations. So as to assure faithful restoration of the excavated area, the applicant shall deposit with the Township Clerk cash, a certified check or irrevocable bank letter of credit, whichever the applicant selects, or a performance bond acceptable to the Township Board. The amount of such deposit shall be established by the Township Board and shall be sufficient to finance restoration of the disturbed area.
(2) 
This deposit shall be submitted by the applicant prior to the issuance of any permit, and shall be held in escrow by the Township until restoration is completed and has been approved by the Township Board. So as to prevent undue hardship, the Township Board may, in its discretion, approve bonds for areas less than the total acreage applied for. However, at no time shall any excavation be undertaken unless, and until, sufficient bond has been deposited to insure restoration of the area to be disturbed.
B. 
Site insurance.
(1) 
The applicant shall provide a site-specific liability insurance policy to cover property damage for surface and/or subsurface occurrences and bodily injury in an amount and form approved by the Putnam Township Board of Trustees, naming Putnam Township, its elected officials and appointed officials as additional named insureds and provide a copy of this policy to the Township Clerk. Said insurance shall provide an endorsement which provides that the general aggregate limit of the operator's commercial and general liability applies separately to the site.
(2) 
Putnam Township must be sent a notice of intent to cancel the insurance within 20 days before the cancellation thereof. Failure of the operator, or any persons, firm, or corporation named in the policy to maintain the insurance shall be cause for immediate cessation of operations.
A. 
Setback excavation, washing and stockpiling of extracted material shall not be conducted closer than 200 feet to the outer boundary of the site. The setback area shall not be used for any use related to the extractive operation, except access roads and public notice signs identifying the use as an excavation. Greenbelt plantings and landscaping shall be provided in the setback area as required by the Township Board. Said setback may be varied by the Township Board when the outer boundary of the site abuts a body of water. In granting said variance, the Township Board shall establish a specific setback so as to secure public safety.
B. 
Placement of processing plants. The permanent processing plant and all equipment and structures for sorting, crushing, loading, weighing, and other operations, shall not be built closer than 300 feet from any property line or public highway, measured from the center line thereof.
C. 
Stockpiles, overburden and equipment. There shall be no stockpiling, equipment storage, or repairing of equipment or vehicles conducted closer than 200 feet from any property line or public highway, measured from the center line thereof.
D. 
Access. All means of access to the property shall be from major or secondary thoroughfares and shall not be from residential streets.
E. 
Fencing. Prior to the commencement of any extractive operations, a six-foot fence with three-strand barbed wires shall be erected around the periphery of the site and maintained in good condition until excavation and mining operations have been completed.
F. 
Fencing; additional safety requirements. Any extractive operation that results in, or produces for a period of one month, collections of water, or slopes as described below, shall be subject to the following safety requirements:
(1) 
Where slopes steeper than 30° exist for a period of one month or more, access to such slopes shall be barred by a cyclone fence or similarly effective barrier at least six feet high and at least 50 feet outside the edge of the excavation, with suitable gates controlling access to the excavation area;
(2) 
Where collections of water are one foot or more in depth or any period of at least one month, and occupying an area of 200 square feet or more, access to such collections shall be similarly fenced, as required in the preceding subsection for slopes;
(3) 
In those instances where the extractive operation is situated on marginal land areas consisting of swamps or wetland or is bounded by natural bodies of water, the fence shall be required only on those sides accessible to public rights-of-way; and
(4) 
A lockable 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.
G. 
Signs. The Township Board may require the posting of "Keep Out — Danger" or similar signs, as needed.
H. 
Noise, vibration, and air pollution. Any noise, odors, smoke, fumes, or dust generated on said site by any digging, excavating, loading or processing operation and borne or able to be borne by the wind shall be confined so as not to cause a nuisance or hazard on any adjoining site or public road. The noise generated by the operation shall not at any one time exceed the maximum allowable decibel level as established by the United States Bureau of Mines at any adjacent property line of property not owned by the operator.
I. 
Pollution of waters. The removing of materials shall not cause pollution of any body of water or subsurface watercourse.
J. 
Natural drainage. The operations and related activities shall not adversely affect the natural drainage of the other properties in the area.
K. 
Access roads. All access points shall be paved for 100 feet into the parcel from the edge of the public road. The next 100 feet of the access road from the public road into the extractive operation shall consist of a mud-removal strip adequately designed, constructed and maintained to remove the mud from the tires of vehicles leaving the site prior to entrance onto the public road.
L. 
Slopes. Finished slopes of the banks of the excavation shall in no event exceed a minimum of five feet to one foot (five feet horizontal to one foot vertical). Where ponded water results from the operations, slopes must be maintained and extended into the water to a depth of five feet. Said slopes shall be completed as the work in any one cell of the excavation is completed. The time for completion of said slopes shall not extend beyond one year's time from the date of beginning the restoration, provided that the Township Board may extend the above one-year period to such longer period as is satisfactory under the circumstances. Sufficient topsoil shall be stockpiled on the site so that the entire area, when excavating operations are completed, may be covered with a minimum of six inches of topsoil, and that such replacement of topsoil shall be made immediately following the termination of excavating operations. So as to prevent erosion of slopes, all replaced topsoil shall immediately be planted with grass or other plant material acceptable to the Township Board.
M. 
Elevation of plant site. Wherever practicable, the permanent processing plant shall be located within the excavation area at a point lower than the general level of the surrounding terrain, in order to reduce the visual impact of the plant structure.
N. 
Seeding of stockpiles. Stockpiles of stripped topsoil shall be seeded with grass or other materials so as to prevent erosion.
O. 
Domestic water supply and domestic sewage disposal systems. Prior to the issuance of the permit authorized by this chapter and the commencement of the extractive activities on the site, the applicant shall obtain approval, in writing, from the Livingston County Health Department or other governmental agency having jurisdiction of the matter for the on-site domestic water supply and domestic sewage disposal systems. A copy of this permit together with the plans for the systems shall be furnished to Putnam Township.
A. 
Permit required. No blasting shall occur without the permit issued pursuant to this chapter specifically, in writing, authorizing such blasting.
B. 
Audio-video. No blasting shall occur until there has been an audio-video survey of the interior and exterior of all buildings within 3/4 of a mile from the exterior perimeter of the area of excavation. The audio-video survey shall be performed by a person or firm experienced in this type of survey and recorded on a medium readily usable by Putnam Township. Putnam Township shall be responsible for notifying the operator of newly erected buildings and the operator shall conduct the audio-video survey provided herein on those buildings within 60 days after serving notification of the existence of said buildings. The recorded survey shall be retained by Putnam Township. The cost of said audio-video survey and tapes shall be borne by the operator. Putnam Township shall have the responsibility of scheduling the inspections and obtaining the necessary consents so that no inconvenience or waste of time is experienced in completing the surveys. The survey team shall consist of one designated representative of Putnam Township and one designated representative for the operator. The survey team shall make a written report and take photographs, if necessary in their opinion. The originals of the written reports and negative proofs of any photographs shall be retained by Putnam Township. The costs of these reports and proofs shall be borne by the operator.
C. 
Testing of domestic wells. Where the extractive operation is to occur below grade level, the operator shall be required, prior to any excavation occurring below grade level, to perform a written certified pump test of all domestic wells within a rectangular distance of 3/4 of a mile from the exterior perimeter of the area of excavation. Said tests shall determine the drawdown and the capacity of the well in gallons per minute and other pertinent information determined by the expert. The costs of said tests shall be borne by the operator and the tests shall be performed by a qualified independent person or firm.
D. 
Blasting. Wherever and whenever blasting or the setting off of an explosive blast occurs on the site, said blasting or setting off of an explosive blast shall be conducted in such manner that the maximum peak particle velocity of any one of three mutually perpendicular components of ground motion in the vertical and horizontal and longitudinal directions resulting therefrom shall not exceed two inches per second at the nearest property line of the property at which said blasting or setting off of an explosive blast occurs and shall not exceed two inches per second at a point 300 feet from the explosive blast; however, when the distance from the explosive blast exceeds 1,000 feet from the nearest property line, the maximum peak particle velocity shall not exceed two inches per second at a point 500 feet from the explosive blast.
E. 
Hours of blasting. Blasting and the setting off of an explosive shall be restricted to the hours between 10:00 a.m. and 6:00 p.m., Monday through Friday. In the case where extreme weather prohibits a blast from occurring between 10:00 a.m. and 6:00 p.m., the operator shall be permitted to blast beyond those hours. For reasons of public safety, prior to blasting or setting of an explosive blast, the operator shall give advance written notice to Putnam Township of the fact that such blast will occur with said notice being given at such a time as to allow Putnam Township a reasonable opportunity to monitor said blasting or setting off of an explosive to insure its compliance with the provisions of this chapter. The monitoring shall be measured at the nearest residential structure or other location where public safety may not be in jeopardy. The operator shall not blast on any holiday when the Township Hall is closed.
F. 
Independent testing. The operator shall provide the services of an independent testing laboratory approved by Putnam Township, which approval shall not be unreasonably withheld, who shall provide adequate equipment for the purpose of monitoring the blast and shall be further required to maintain records prepared by an individual certified in the operation of said equipment and able to further attest to the accuracy of the blast monitoring. Copies of these records shall be provided to the Township.
[Amended 1-26-1994 by Ord. No. 24-1]
A. 
Extractive operations. Extractive operations shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 7:00 a.m. and 4:30 p.m. on Saturday.
B. 
Transporting. No transporting of aggregates from the site shall be permitted prior to 6:00 a.m. and after 5:00 p.m., Monday through Friday, and prior to 7:00 a.m. and after 4:30 p.m. on Saturday.
C. 
Repair of equipment. Repair of equipment on site shall be permitted from the hours of 6:00 a.m. to 10:00 p.m., Monday through Friday; and the hours of 6:00 a.m. to 4:30 p.m., Saturday.
D. 
Sunday and holiday operations. There shall be no extractive operations, repair of equipment, or transporting of aggregates permitted on Sundays, Memorial Day, the 4th of July, Labor Day, Thanksgiving, Christmas, or New Year's Day.
The operator shall be responsible for all public roads upon which any trucks haul materials to and from the site. The operator shall maintain these public roads in a safe and drivable condition at least equal to that which existed prior to the beginning of extractive operations. Further, the operator shall clean any and all spillage of material, dirt, rock, mud, and any other debris carried onto any public roads by trucks coming to or from the site or by other equipment. This cleaning shall occur promptly after the spillage of the material has occurred.
A. 
Berm. As soon as it is practicable, except where an entrance is indicated, the operator shall have completed construction of a berm, seeded to prevent erosion, around the entire perimeter of the site. The berm shall be a height of at least 10 feet, measured from the elevation of the nearest road, and shall have an outside slope not to exceed one foot vertical drop for each four feet horizontal. The outside and top of the berm shall be cut at intervals not to exceed 30 days between April 30 and September 30 of each year. The location of the berm shall be as noted in the plans submitted with the application for the permit. Where the operation is adjacent to a private landowner, the operator shall construct a drainage swale to prevent surface water from running off of the berm and onto said adjacent properties.
B. 
Unexcavated areas. Unexcavated areas shall be left in such a condition so as to ensure growth of vegetation, soil stabilization and erosion control. Topsoil of a quality equal to that occurring naturally in the area shall be replaced, if necessary, to a depth of four inches on unexcavated areas.
C. 
Seeding and tree planting. On the top of and outside slope of the berm and for other areas where seeding is required, the operator shall engage in fertilizing and sowing seed in a reasonably approved manner. The trees shall be planted on the berm as shown in the plans submitted with the application. When a tree or other landscaping dies, it shall be promptly replaced by the operator.
A. 
Removal of structures. Upon cessation of the extractive operations by abandonment or otherwise, the operator, within a reasonable period of time not to exceed 12 months thereafter, shall remove all structures, buildings, stockpiles, and equipment; provided 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 they will be located under such a plan, may be retained, with the written consent of Putnam Township.
B. 
Time for reclamation. Reclamation shall be completed by the operator within 12 months after cessation of the extractive operation, whether cessation be by abandonment or otherwise.
No material of any kind, including but not limited to soil, sand, clay, or gravel, shall be brought from elsewhere onto the site of the extractive operation unless specific written permission to do so has been obtained from Putnam Township.
A. 
Any violation of this chapter or the permit given pursuant to it shall justify revocation of the permit, provided that the Township gives the applicant 10 days within which to cure the violation. Failure on the part of the operator to correct the reported violation within 10 days after such demand is made shall entitle the Putnam Township Board of Trustees to cancel the permit and demand that all activities cease and that restoration be done and completed as provided for in this chapter.
B. 
Any person or other entity who violates any of the provisions of this chapter is responsible for a municipal civil infraction as defined by Michigan law and subject to a civil fine, which shall be the greater amount of those determined in accordance with the following schedules:
[Amended 12-18-1996 by Ord. No. 24-2]
(1) 
For each violation of any of this chapter the amount shall be accumulated for each and every violation, as follows:
(a) 
First violation within three-year period: $100.
(b) 
Second violation within three-year period [determined on the basis of the date of violation(s)]: $200.
(c) 
Third violation within three-year period [determined on the basis of the date of violation(s)]: $500.
(d) 
Fourth or subsequent violation within three-year period [determined on the basis of the date of violation(s)]: $1,000.
C. 
Additionally, the violator shall pay costs, which shall include all direct or indirect expenses to which the Township has been put in connection with the violation.
[Amended 12-18-1996 by Ord. No. 24-2]
D. 
A violator of this chapter shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. Each day a violation of this chapter continues to exist constitutes a separate violation.
[Amended 12-18-1996 by Ord. No. 24-2]
The use of any land in Putnam Township in violation of this chapter is hereby declared to be a public nuisance, per se, and may be abated by order of any court of competent jurisdiction.
The provisions of this chapter shall be held to be minimum requirements for the promotion of public health, moral safety, comfort, convenience, or general welfare. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance, or with any rules, regulations, or permits previously adopted, or issued, or which shall be adopted or issued pursuant to the law relating to the use of the premises described herein; provided, however, that where this chapter imposes a greater restriction than is required by existing chapters, articles or by rules, regulations, or permits, the provisions of this chapter shall control.
[Added 12-18-1996 by Ord. No. 24-2]
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, such as topographical and other physical characteristics of a parcel, the Township Board shall have the power to vary or modify the application of the provisions of this chapter so that the intent and purpose of this chapter shall be observed, public safety secured and substantial justice done. Any applicant may apply for a variance from any provision of this chapter, in which case the Township Board shall hold a public hearing upon such application within 30 days from its filing, give due notice thereof to all parties, and decide the application within 30 days after hearing. Upon the hearing, any party may appear in person or by agent or by attorney. The Township Board shall keep a record of said hearing and shall render a written decision. The Township Board may attach reasonable conditions in granting any variance from any provision of this chapter, and the breach of any conditions or the failure of any applicant to comply with the conditions shall void the variance.