A.
Upon receipt, by the Building Inspector, of the earth change or a major excavation permit application and fee, the Building Inspector shall forward all earth change applications to the Planning Commission, and forward all major excavation permit applications to the Township Board of Trustees within seven days of receiving the request. The Township shall review each application to determine its completeness in accordance with the requirements of Article IV of this chapter. If the Township deems the application insufficient or defective, the Township shall so advise the applicant, in writing, specifying the deficiencies; provided, however, that the Township's failure to specify deficiencies shall not preclude the Township from later identifying or asserting any such deficiencies or from requesting such further or additional information as the Township may reasonably require, to determine whether or not a permit should be issued.
[Amended 5-14-2007 by Ord. No. 07-44]
B.
Upon determining that the application meets the requirements of Article IV of this chapter, the Township shall cause to be published, in a newspaper which circulates in the Township, one notice in accordance with § 162-9C. Notice thereof shall be mailed to the applicant and notice shall also be given by two publications in a newspaper of general circulation in the Township, the first to be printed not more than 30 days nor less than 20 days before the hearing and the second not more than eight days before the date of such hearing.
[Amended 5-14-2007 by Ord. No. 07-44]
C.
Notice of the application for earth change permit shall be given
by mail or personal delivery to the owners of property for which the
earth change permit is being considered, to all persons to whom real
property is assessed within 300 feet of the boundary of the property
in question and to the occupants of all structures within 300 feet.
Public notice shall be given not less than five nor more than 15 days
before the date of the review of the application. If the name of the
occupant is not known, the term "occupant" may be used in making notification.
Notification need not be given to more than one occupant of a structure,
except that, if a structure contains more than one dwelling unit or
spatial area owned or leased by different individuals, partnerships,
businesses, or organizations, one occupant of each unit or spatial
area shall receive notice. In the case of a single structure containing
more than four dwelling units or other distinct spatial areas owned
or leased by different individuals, partnerships, businesses or organizations,
notice may be given to the manager or owner of the structure, who
shall be requested to post the notice at the primary entrance to the
structure. Each notice given under this section shall:
(1)
Describe the nature of the earth change application;
(2)
Indicate the property which is the subject of the earth change application;
(3)
State when, where and at what time the Planning Commission will review
the earth change application;
(4)
Indicate when and where written comments will be received concerning
the application; and
(5)
Indicate that a public hearing on the earth change permit may be
requested by any property owner or the occupant of any structure located
within 300 feet of the boundary of the property being considered for
earth change permit.
D.
A public hearing shall be held only on the initiative of the Planning Commission, or upon the request of the applicant or a property owner or occupant of a structure within 300 feet of the boundary of the property being considered. One public hearing notice is required, in compliance with § 162-9B, if a hearing is requested after publication of the request notice. If the applicant or Planning Commission requests a public hearing, only notification of the public hearing need be made.
[Amended 5-14-2007 by Ord. No. 07-44]
A.
The Planning Commission, in considering applications for earth change
permits, and the Township Board, in considering an application for
major excavation project permits, shall take into consideration the
following factors: the zoning of the proposed site, the proposed reclamation
in a manner consistent with the Three Oaks Township Land Use Plan,
the size, nature, character, scope, and duration of the proposed project,
the proximity and effect of the project with respect to adjoining
properties, the need for the project in relation to other possible
uses of the property, the impact of the project on the environment,
the health, safety and general welfare of the residents, the preservation
of natural and environmental resources, and the prevention of nuisances
and hazards.
[Amended 5-14-2007 by Ord. No. 07-44]
B.
No permit shall be issued if it appears, from the investigation thereof,
that the earth change would remove lateral and sublateral support
of the adjacent land, or result in a dangerous topographic condition,
or result in seepage or slides, or create a nuisance dangerous to
public safety, or that it would, otherwise, in any manner endanger
the public health or safety, or prevent the preservation of natural
resources, or be detrimental to the environment and general public
welfare.
