The following general conditions and provisions shall apply
to all earth change permits:
A.
Trees and other vegetation or ground cover shall not be stripped
off any landform so as to unnecessarily expose areas of soil that
are prone to wind or water erosion or that will cause soil or dust
to be carried by wind or water onto adjoining or surrounding properties
or onto public or private roads or that will create a nuisance thereby;
B.
All vehicles used for the transporting of soil from, or to, any earth
change project shall follow established truck routes within the Township
or shall travel only directly over such route as may be determined
by the Berrien County Road Commission to be least dangerous to the
public health, safety and general welfare, to cause the least interference
with local traffic, and cause the least damage to the public roads;
C.
Any soil that may be spilled or deposited on any public road or other
public place from any vehicle transporting such soil from, or to,
any project site shall be immediately removed in a manner satisfactory
to the proper authority at the expense of the person to whom the earth
change permit was issued;
D.
During any period in which an earth change project is being carried
on, or being operated, no person shall cause, or allow, stagnant bodies
of water to form;
E.
The project site shall be landscaped or stabilized, as the replacement
of topsoil occurs, to the extent necessary to eliminate any ground
erosion by wind or water;
F.
The final slopes or banks of any earth change project involving any
excavation shall in no event exceed a minimum of three feet horizontal
to one foot vertical, unless artificial means of support can be demonstrated
to meet the requirements;
G.
No earth change shall occur closer than 50 feet from the nearest
street or highway right-of-way and not closer than 50 feet from the
nearest property line; provided, however, that the Building Inspector
may prescribe more strict requirements in order to give sublateral
support to surrounding property, where soil or geographic conditions
warrant it, and provided further that the Building Inspector may prescribe
less strict requirements upon written consent of the adjoining property
owner(s).
[Amended 5-14-2007 by Ord. No. 07-44]
A.
In addition to the general conditions and provisions applying to earth change permits, pursuant to § 162-13 above, the Township may impose such additional or special conditions or limitations, or allow deviations from the strict interpretation of this chapter in regard to the issuance of any earth change permit as are deemed necessary or advisable in view of the facts and circumstances of a particular application and permit.
B.
If the Township imposes any additional or special conditions or limitations,
or allows deviations with respect to the issuance of any earth change
permit, such additional or special conditions or limitations or deviations
shall be expressly set forth in the permit itself, or otherwise incorporated
therein and made part thereof by reference.
