[HISTORY: Adopted by Board of Trustees of the Charter Township of
Northville 7-11-1991 as Ch. 83 of the Code of Ordinances.
Amendments noted where applicable.]
No person, firm or corporation shall conduct any landfilling operation
in any area of the Township without first obtaining from the Township Board
a permit. All applications for such permits shall be filed with the Township
Clerk and shall conform in all respects with the requirements of any applicable
regulations.
The Township Board shall adopt by resolution a schedule of fees and
charges, as it deems advisable and necessary providing for the application
for, hearing on, issuance of permits and monitoring activities of authorized
landfills within the Township.
The Township Board shall refer all applications for landfills to the
Township Planning Commission for investigation and recommendation as to whether
or not a permit should be issued. Whenever such application is referred to
the Planning Commission, such Commission shall within 45 days complete its
investigation and transmit its reports and recommendation to the Township
Board. Such Commission shall have the right to require the attendance of the
applicant, his agents, servants and employees at any hearing it may conduct
in the conduct of its investigation.
After receiving the report and recommendation from the Planning Commission,
the Township Board shall at a subsequent regular or special meeting grant
or deny the permit and, in the event of denial, state its reasons therefor
in writing.
Any landfill operation maintained or conducted within the Township in
violation of this chapter is hereby declared to be a nuisance per se and the
Township may institute proceedings in the Circuit Court for the purpose of
restraining any violation of the provisions of this chapter or any violation
of the specifications and regulations contained in any permit issued hereunder.
Any person who shall violate the provisions of this chapter shall be
responsible for a municipal infraction, subject to the following penalties:
A.
The following civil fines shall apply in the event of
a determination of responsibility for a municipal civil infraction, unless
a different fine is specified in connection with a particular section:
(1)
First offense. The civil fine for a first offense violation
shall be in the amount of not less than $150, plus costs and other sanctions,
for each offense.
(2)
Repeat offense. The civil fine for any offense which
is a repeat offense shall be in an amount of not less than $300, plus costs
and other sanctions for each offense.
B.
In addition to ordering the defendant 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.
C.
Continuing offense. Each act of violation, and on each
day upon which any such violation shall occur, shall constitute a separate
offense.
D.
Remedies not exclusive. In addition to any remedies provided
for by the code of ordinances, any equitable or other remedies available may
be sought.
E.
The Judge or Magistrate shall be authorized to impose
costs, damages and expenses as provided by the law.
F.
A municipal civil infraction shall not be a lesser included
offense of a criminal offense or of an ordinance violation which is not a
civil infraction.
These regulations apply to all filling of land within the Township by
the depositing of materials originating off the premises on which the fill
is located. They cover the review of proposed fill sites, information to be
supplied with applications for landfill permits, fees for review or proposed
fill sites, information to be supplied with applications for landfill permits,
fees for review of applications and plans, inspection charges, deposits to
assure payment of inspection charges and compliance with regulations or conditions
of permits, landscaping, setbacks and certain design and operating aspects
supplemental to P.A. 641 and the solid waste regulations of Wayne County.
It is intended to regulate the operation of landfills so that no landfill
shall be a nuisance nor cause any damage to surrounding property nor endanger
the health or safety of the community. It is the further intent that these
regulations shall apply to certain operating aspects of landfills not normally
covered by federal, state or County regulations.
As used in this chapter, the following terms shall have the meanings
indicated:
The Township Board of the Charter Township of Northville, Wayne County,
Michigan.
The plan for solid waste developed by the Charter County of Wayne.
Public Act 347 of 1972, the Soil Erosion and Sedimentation Control
Act.
Public Act 641 or 1978, the Solid Waste Management Act.
A.
Preliminary application and determination.
(1)
The owner of land upon whose premises it is proposed
to construct a landfill shall submit an application prepared in accordance
with the following requirements to the Township Board for determination of
the acceptability of proposed location. The application shall include a legal
description of the land owned by the applicant within which the proposed fill
site is located with a statement of the type of ownership possessed the applicant,
a scale drawing showing the outline of the area on the ground, a description
of the type of landfill proposed, a statement of the intended use of the area
after completion of fill and a landscaping plan conforming to the conditions
of this chapter. The Board will thereupon examine the proposed site and determine
whether it is in compliance with this chapter.
(2)
Should the applicant propose the actual construction
and operation of the landfill to be conducted by other persons, any permit
which the Board may subsequently issue will be issued to the landowner and
operator jointly and will embody the joint and several obligations of each
in accordance with these regulations.
B.
Detailed information to be supplied by applicant. The
applicant shall submit to the Board the following information, which shall
be prepared and signed by a competent registered professional engineer:
(1)
A map at a scale of 200 feet to one inch on which there
shall be shown:[1]
(a)
The outline of the proposed fill area identified on a
rectangular coordinate system referred to the most convenient exterior section
line and section corner or quarter section corner.
(b)
All boundaries of the property which are located closer
than 600 feet from any part of the fill area.
(c)
Areas from which cover material will be obtained.
(d)
Existing surface elevations of fill area, borrow areas
and contiguous areas whose future utility will be directly influenced by the
fill and/or borrow, shown by accurate contours at intervals not exceeding
two feet. Elevations shall be expressed, directly on U.S.C. and G.S. datum.
(e)
Description of proposed access road from public highways
to the fill area.
(f)
Drainage channels or other provisions to be made for
draining surface runoff from the fill area during construction and after completion
of fill.
(g)
Location of employee facilities, maintenance buildings
or other such permanent structures or appurtenances.
(2)
A similar map showing, by contours as previously specified,
the surface elevations and slopes which will be established when fill and
borrow operations are complete.
(3)
A landscaping plan, together with renderings, views or
cross sections sufficient to show the proposed screening and landscaping measures
from each direction around the perimeter of the site. Screening and landscaping
shall be designed and placed in such a manner to reasonably screen operations
from view from adjacent roads or residences when said operations are within
1,000 feet of site property lines.
C.
If the fill area is subsequently to be included in a plat of subdivision of land contemplating erection of buildings for any purpose, the maps required by Subsections A and B shall show the proposed subdivision layout and the future locations of streets, buildings sites and utility easements shall be clearly excluded from fill with any material other than earth. Such subdivision layout need not be shown in final exact detail dimensions; however, if significant latitude is retained for future alteration of layout, the areas restricted to earth fill only shall be expanded accordingly.
A.
Earth fills.
(1)
Where a landfill will consist of earth only, the design
of fill shall provide for the stripping of all areas where the total depth
of fill will be less than six feet, all trees, vegetation and other materials
whose consistency, shape or decomposition might cause significant settlement
shall be removed in advance of filling. Excepting in locations where the future
use of the area is such that settlement will be of no consequence, earth fills
shall be controlled so that the completed fill shall be compacted throughout
to a density not less than 90% of the maximum unit weight of the earth material.
(2)
Unless otherwise specifically noted, existing ponds or
pits shall be granular material which will be compact when placed in water.
(3)
Except in situations covered in Subsection A(2), drainage of earth fills during and after construction shall be maintained in such manner that fill shall not be placed in ponded water nor earth be washed from the fill into natural watercourses nor onto the property of others in violation of P.A. 347.
B.
Fills including waste materials other than earth (sanitary
landfills).
(1)
Classification. All fills which include materials other
than earth shall be classed as sanitary landfills and shall be designed and
constructed in accordance with the best current standards for sanitary landfills
as provided for by P.A. 641 and the County Plan.
(2)
Fire protection. Every landfill operation which includes
refuse in the fill shall have an adequate water supply and facilities for
quick delivery of water to any part of the fill for the purpose of extinguishing
fires. Capacity shall be such that at least 50 gallons of water per minute
can be applied to any fire continuously for at least then 10 hours. The source
of water supply and the facilities to be provided for delivery of water shall
be indicated on plans submitted for approval.
(3)
Personnel facilities.
(a)
Each sanitary landfill operation shall have a suitable
weatherproof shelter for personnel employed on the site. Washroom and acceptable
sanitary facilities shall be provided.
(b)
There shall be provided within view of each sanitary
landfill operation an inspector's office, which shall be either separate
or partitioned off from employee's quarters. The inspector's office
shall be not less than 60 square feet in area with at least dimensions of
not less than six feet and shall have a window facing the fill site. It shall
be provided with a plan table approximately 36 inches by 54 inches and chairs
or benches for at least three persons.
(c)
Both employee quarters and inspector's office shall
be heated adequately for whatever seasons in which the fill may be operated.
(4)
Telephone. A telephone shall be maintained at each sanitary
landfill site and made known to Township emergency personnel. A twenty-four-hour
emergency telephone number shall also be made available to Township forces.
(5)
Fees. Fees payable to the Township for review of landfill
plans and inspection of landfill operations shall be set by resolution of
the Township Board.
(6)
Permits.
(a)
Issuance and renewal. Permits for landfills will be issued
for a period of two years and shall be concurrent, after the initial permit,
with the operating license issued under P.A. 641.
(b)
Cancellation. Permits will be subject to summary cancellation
and filling must stop if:
[1]
Operations are in violation of the approved plans or
these regulations; or
[2]
Inspection charges are unpaid; or
[3]
Filling operations are inactive or conducted on so small
an area that, in the opinion of the Board, the duration of filling operations
will itself constitute a nuisance; or
[4]
Operation of the fill develops any unforeseen nuisance
or hazard to the health or safety of the community, and adequate measures
are not put into effect, forthwith, to correct such conditions.
A.
General.
(1)
Hauling. The hauling of landfill materials shall be confined
to routes which shall be approved by the Board and included in provisions
of the permit. The Board reserves the right, from time to time, in its discretion,
to make revisions in approved routes. Vehicles hauling landfill materials
shall not be overloaded so that materials are spilled upon the highway. Vehicles
hauling refuse to a landfill shall be closed or refuse shall be covered when
transported through the Township.
(2)
Hours of operation. Landfills which are so located and
operated that noises of operation can reasonably be considered disturbing
to neighboring residents shall not carry on operations between the hours of
8:00 p.m. and 7:00 a.m. nor on Sundays or holidays. Other reasonable restrictions
on hours of operation may be included in or added to the conditions of individual
permits.
(3)
Township right of entry. The officers and agents of the
Township shall have at all times the right of entry to any premises where
any Township landfill permit is in effect.
B.
Operation of sanitary landfills.
(1)
Survey controls. Construction of a sanitary landfill
shall proceed only when there are in place sufficient survey stakes and markers
placed and identified so that the fill operator and the inspector can determine
readily and with certainty that construction of the fill conforms to the locations
and elevations shown on the approved plans.
(2)
Supervision. It shall be the permit holder's responsibility
to have on the job at all times when filling is in progress a qualified supervisor
who shall direct the dumping, spreading, compaction and covering of the fill.
(3)
Access. Access to the site of a sanitary landfill shall
be limited to those times when an attendant is on duty and only to authorized
persons. Chain link fencing at least six feet high and topped with three strands
of barbed wire or equivalent barriers approved by the Board shall be installed
to discourage unauthorized access. Gates at entry points shall be closed and
locked when the fill is unattended. If necessary, watchmen shall be provided
to prevent hazards or nuisances resulting from unauthorized entry to the fill
area.
A.
On completion of a sanitary landfill, the permit holder
shall supply to the Board an as-built engineering plan which shall show by
accurate survey data and references the actual location, depth and final surface
elevations of all areas containing refuse fill. This plan shall be to the
same scale and referred to the same control lines and datum as the plan submitted
with the application for permit. The as-built plan submitted shall be an original
tracing in ink on permanent transparent film or an acceptable reproduction.
B.
The as-built plan shall be retained in the Township files
for reference in the consideration of developments which may subsequently
be proposed on or adjacent to the fill area.
If the permit holder for any sanitary landfill shall fail or neglect
to do any of the things required by the permit or these regulations and he
shall fail to remedy such omissions forthwith after notice thereof delivered
to him or to his supervisor who can readily be located, the Township shall
have the right to enter the property and to do by its own forces or its agents
whatever may be necessary to eliminate any dangerous or objectionable conditions.
The permit holder shall be billed and shall pay for all such work done by
the Township.
