[HISTORY: Adopted by the Township Board of the Township of
Buchanan 8-18-1970 by Ord. No.
11. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health,
safety and welfare, avoid and prohibit the creation of nuisances,
including health hazards, unreasonable dust, traffic, pollution, noise,
vibration and the diminution of local property values.
No facility or part of a facility for the purpose of providing
water, trash, sewage or disposal of waste material shall be constructed,
erected or operated by a person, firm or corporation, municipal or
private, township, village or city in the Township of Buchanan prior
to issuance of a permit therefor by the Buchanan Township Board.
Application for a permit as required herein shall be filed with
the Township Clerk, addressed to the Township Board, and shall set
forth relevant facts and information, including the following:
A.
Name and address of petitioner and owners of any land involved.
B.
Legal description of said land.
C.
Type, nature and method of operation of the proposed facility, including
its function in connection with any other facility.
D.
Sufficient maps, sketches, contour maps, plans, specifications and
designed to fully explain the proposed operation.
E.
Description of any traffic control devices, parking facilities, public
facilities and services which will be required, and a proposal as
to show such will be financed.
F.
Measures which applicant proposes to ensure public safety, exclusion
of children from potential hazards, lateral support for surrounding
land and structures, and assurances against contamination or pollution
of surrounding air and water, dust and traffic control and potential
nuisances of any kind.
G.
Plans for landscaping or land stabilization control to ensure the
premises will be left in a usable condition at the end of the operation.
H.
The time required for construction of said facility and estimated
termination date for use of the same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each application shall be accompanied by a permit fee as established
by resolution of the Township Board from time to time for each acre
or fraction thereof described therein, provided that, in the event
that the permit is denied, said permit fee shall be refunded to the
applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon receipt of any application and fee, the application shall
be transmitted forthwith by the Township Clerk to the Township Zoning
Administrator for his advice and recommendation and no action shall
be taken by the Township Board until the Township Clerk has received
a report from the Township Zoning Administrator, or until the expiration
of 40 days from the filing of the application, whichever is sooner.
The recommendation of the Township Zoning Administrator shall not
be binding upon the Township Board. Either the Township Board or the
Township Zoning Administrator may make suggestions regarding amendment
of the application by the applicant, and no application which has
been amended in pursuance of any such suggestion need be referred
to the Township Zoning Administrator a second time as a result of
such amendment.
A.
No permit shall be issued unless the Township Board, after considering the application and the recommendation of the Township Zoning Administrator, if any, and after giving the applicant an opportunity to be heard in person or by counsel, shall find that the proposed operations are not likely to cause any dangerous, unsanitary, or unhealthy condition, that they will impose no undue financial burden upon the Township, and that they are not likely to create any public or private nuisance, that they are not likely to be conducted in violation of any state laws or Township ordinance, that there is adequate assurance that the premises will be left in such condition as will protect them from erosion and that after completion of the operation the premises will be at least as usable for purposes permitted by Chapter 300, Zoning, of the Code of the Township of Buchanan, as at the time of granting of the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Township Board shall include in any permit issued specific reasonable
terms, conditions and requirements for relocation of earth solids,
waste or fill material, including the condition and contours in which
any premises or lands shall be left at the termination of the permitted
project. When it is appropriate, ground cover and similar conservation
practices, in accord with the recommendations or guidelines as set
up by the United States Soil Conservation Agency or Michigan State
Extension Service shall be required for the restoration and preservation
of the premises.
C.
As a condition of granting the permit, the Township Board shall require
an applicant to post a surety bond, or other adequate assurances,
in such reasonable amount and upon such reasonable terms as the Township
Board may determine, taking into consideration the scale of the operation,
cost involved in rehabilitation, court costs and other reasonable
expenses, for the purpose of assuring the public that the terms and
conditions of the permit as issued will be complied with. The form
of such bond shall be approved by the Township Attorney.
D.
Approval of the permit is contingent upon approval of state and county
agencies as applicable.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
In addition to the matters heretofore mentioned, the Township
Board, in considering the granting of such a permit, may hear any
other person or consider any other factor which may bear on the public
health, safety or general welfare in the particular situation. The
effect upon surrounding property values may be considered as a factor
affecting the general welfare.
When the Township Board reaches a decision on any application,
the applicant shall be advised thereof, in writing, by the Township
Clerk.
A.
Each permit shall apply only to the lands described in the application.
B.
A permit may be revoked:
(1)
If the permittee operates in any manner inconsistent with the statements
in the application or any amendment thereto, or fails to comply with
any special requirement which the Township Board may order set forth
in the permit to protect the public health, safety and welfare in
the special circumstances of the situation.
C.
The permittee shall be given written notice, mailed or personally
served, at least five days prior to the date of the meeting at which
revocation is considered, and the opportunity to be heard in person
or by counsel. Said notice shall specify the date, time and place
of the meeting at which revocation will be considered and inform the
permittee of the reason or reasons why revocation is under consideration
and of his right to be heard either in person or by counsel. Revocation
of a permit shall not exempt the permittee from punishment for any
violation of this chapter as hereinafter provided.
D.
Temporary suspension. The Township Supervisor, or his authority,
may temporarily suspend, without notice, any permit issued hereunder
if it appears evident, in his opinion, that a violation has occurred.
It is the interpretation and intent of this chapter that it
applies in all zoning districts in the Township of Buchanan.
Any person or persons who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be punished by a fine
not to exceed $500 or by commitment to the County Jail for a period
not to exceed 90 days, or by both fine and commitment. Each and every
day that such violation continues shall constitute a separate offence.
Such violations shall constitute a nuisance per se.
This chapter shall take effect on the 20th day of August, 1970.
