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Township of Three Oaks, MI
Berrien County
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A. 
For the purpose of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
The terms "person, owner, operator, applicant," and "permit holder" shall be used interchangeably; any provisions or requirements of this chapter, or of any permit issued hereunder, applying or pertaining to any one such term shall equally apply and pertain to all other such terms.
As used in this chapter, the following terms shall have the meanings indicated:
EARTH CHANGE
A man-made change in the natural or existing cover or topography of any land. Earth change shall include the moving, removing, excavating, mining, or extracting of any ground on any lot, parcel, or tract of land within the Township, and earth change shall also include the piling, stockpiling, dumping, or depositing of any ground on any lot, parcel, or tract of land within the Township. Earth change shall not apply to the practice of plowing, tilling soil, maintenance and conservation practices for the purpose of crop production.
GROUND
Soil, topsoil, subsoil, overburden, sand, gravel, earth, clay, marl, peat, rock, stone, aggregate, sludge and any other similar materials or resources.
MAJOR EXCAVATION PROJECT
Any earth change activity which:
[Added 5-14-2007 by Ord. No. 07-44]
A. 
Exceeds 5,000 cubic yards of excavated material;
B. 
Occupies an area of greater than five acres of land; or
C. 
Is planned for, or actually takes, a period of more than six months to complete.
OVERBURDEN
All of the ground and other materials which lie above sand, gravel, clay, and other natural mineral deposits and also any ground and other materials disturbed from their natural state in the process of digging or open mining.
PERMIT
A valid and duly issued earth change permit, required by this chapter, for any earth change within the Township.
PERSON
An individual, partnership, firm, corporation, association, or any combination thereof; a city, village, township, county, or other political subdivision of the state or state agency.
POND
An outdoor body of standing water accumulated in a natural or artificially constructed basin, or partly above or below grade, capable of holding water to a depth of greater than two feet when filled to capacity.
PROJECT
Any and all earth change activities or operations of a person on a single parcel, or on adjoining parcels, which are contiguous for at least 30 feet, whether in process or proposed.
TOPSOIL
The upper part of the soil, which is the most favorable material for plant growth. It is ordinarily rich in organic matter and is used to top dress road banks, lawns and land affected by mining.