In preparation and development of this chapter on the basis
of the advice of experts and upon independent investigation, it has
been recognized that there are activities and impacts which require
regulation in view of the noise, dirt, dust and temporary and permanent
changes to the topography and environment which are inherent in mineral
mining operations. It is the intent of the Township to regulate, inspect
and monitor mining operations in order to minimize the existence of
dangerously steep slopes, shifting earth, impairments or pollution
of groundwater, water table, surface water, and the watershed, and
to protect the air, water and natural resources and the public trust
therein, and the health, safety and general welfare of the residents
of the Township. To meet these objectives, such mineral mining operations
shall be licensed and the fees required for licensure shall be utilized
to offset costs and expenses of monitoring, inspection, and administration.
A.
All operations regulated by this chapter shall be conducted in a
manner so as to meet all standards and requirements hereunder, and,
in addition, all other applicable law, ordinances and regulations
effective in the Township, and the more restrictive provisions of
this chapter and such other law, ordinances and regulations shall
govern in the event of a conflict.
B.
It is not the intention of this chapter to retroactively relieve
compliance with any formerly effective provisions of law, or ordinance,
or consent judgment relating to such operations.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning. Terms not specifically
defined in this section shall have the meanings customarily assigned
to them.
A pit or excavation in the earth from which mineral substances
are taken by digging or by some other method of extraction together
with the land, buildings, and machinery belonging to it.
The area which has been or is in the process of being stripped
of overburden, the area being mined, the area used for structures,
improvements, of stockpiles and storage, and worked-out areas which
have not been reclaimed.
The establishment, recovery and reconstruction of the land
contained in a mining site, or part thereof, to a condition approved
by the Township Board as part of a plan incorporated into a permit
issued hereunder.
The minimum ground- or structure-borne vibrational motion
necessary to cause a reasonable and normal person to be aware of the
vibration by such direct means as, but not limited to, sensation by
touch or visual observation of moving objects.
[Amended 6-8-1999 by Ord. No. 81]
A.
Any person violating any provision of this chapter shall be responsible for a municipal civil infraction, and upon a determination of responsibility shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of the chapter.[1]
B.
Each act of violation, and on each day any such violation shall occur,
shall constitute a separate offense.
C.
The rights and remedies provided in this chapter are cumulative and
in addition to such other remedies provided in this chapter, and/or
by law and/or in equity. The Township shall not be prohibited from
pursuing any other lawful remedy it may have in order to bring about
compliance with this chapter.
