In the preparation and development of this chapter, on the basis of
the advice of experts and upon independent investigation, it has been recognized
that there are activities and impacts which require regulation in view of
the noise, dirt, dust and temporary and permanent changes to the topography
and environment which are inherent in mining operations. It is the intent
of the Township to regulate, inspect and monitor mining operations in order
to minimize the existence of dangerously steep slopes, shifting earth, impairments
or pollution of ground water, surface water and the watershed and to protect
the air, water and natural resources and the public trust therein and the
health, safety and general welfare of the residents of Northville Township.
To meet these objectives, such mining operations shall be licensed and the
fees required for licensure shall be utilized to offset costs and expenses
of monitoring, inspection and administration.
A.
All operations regulated by this chapter shall be conducted
in a manner so as to meet all standards and requirements hereunder and, in
addition, all other applicable laws, ordinances and regulations effective
in this Township and the more restrictive provisions of this chapter and such
other laws, ordinances and regulations shall govern in the event of a conflict.
B.
This chapter regulates all types of strip and tunnel
mining, including the mining of metals, the mining of bituminous coal and
lignite and the mining and quarrying of all other minerals, including but
not limited to the following:
|
Group I
| ||
|
Dimension stone mining
| ||
|
Crushed and broken stone
| ||
|
Sand and gravel
| ||
|
Clay, ceramic and refractory minerals
| ||
|
Chemical and fertilizer minerals, including:
| ||
|
Barite
| ||
|
Fluorspar
| ||
|
Potash, soda and borate
| ||
|
Phosphate rock
| ||
|
Rock salt
| ||
|
Sulfur
| ||
|
Group II
| ||
|
Gypsum
| ||
|
Talc, soapstone and pyrophylite
| ||
|
Miscellaneous nonmetallic minerals, including:
| ||
|
Agate
| ||
|
Amethyst
| ||
|
Bituminous limestone
| ||
|
Bituminous sandstone
| ||
|
Burrstone
| ||
|
Calcite
| ||
|
Corundum
| ||
|
Cryolite
| ||
|
Diamond
| ||
|
Diatomaceous earth
| ||
|
Diatomite
| ||
|
Emery
| ||
|
Fill dirt
| ||
|
Garnet
| ||
|
Gemstones
| ||
|
Gilsonite
| ||
|
Greensand
| ||
|
Grinding peat
| ||
|
Grindstone quarrying
| ||
|
Jade
| ||
|
Merrschaum
| ||
|
Mica
| ||
|
Millstone
| ||
|
Muscovite
| ||
|
Natural
| ||
|
Abrasive
| ||
|
Oilstone oxokerite
| ||
|
Peat humus
| ||
|
Perlite
| ||
|
Phlogopite
| ||
|
Pipestone
| ||
|
Pozzolana
| ||
|
Precious stones
| ||
|
Pulpstone
| ||
|
Pumice
| ||
|
Pumicite
| ||
|
Quartz
| ||
|
Reed peat
| ||
|
Rubbing stone
| ||
|
Ruby
| ||
|
Sapphire
| ||
|
Scoria
| ||
|
Screening peat
| ||
|
Scythestone
| ||
|
Sedge peat
| ||
|
Semiprecious stones
| ||
|
Sharpening stone
| ||
|
Shredding peat
| ||
|
Topsoil
| ||
|
Tripoli
| ||
|
Turquoise
| ||
|
Vermiculite
| ||
|
Volcanic ash
| ||
|
Whet stone
| ||
|
Wurtzilite
| ||
|
Other nonmetallic minerals with marketable value
| ||
A.
MINING AND QUARRYING
RECLAMATION
TOWNSHIP
TOWNSHIP BOARD
VIBRATION PERCEPTION THRESHOLD
For the purpose of construction and application of this
chapter, the following definitions shall apply:
Defined as the removal from a parcel of land of any earth resource identified in § 110-2 as being regulated by this chapter. However, "mining" and "quarrying" shall not include the removal from a single parcel of land during any calendar year of not less than 1,000 cubic yards of material when such removal is not attendant to development in accordance with a subdivision preliminary approval; or less than 10,000 cubic yards of material when such removal is attendant to development in accordance with a subdivision preliminary approval. All removal which is not regulated as mining and quarrying shall be subject to the site plan review provisions of Chapter 170, Zoning, in the case of removal attendant to development subject to site plan review and to any soil erosion and sedimentation control regulations of the Township in the case of all removal. Such removal of earth resources may also be subject to any land improvement ordinance or other pertinent regulations which the Township may enact subsequent to the enactment of this chapter.
The establishment, recovery and reconstruction of the land contained
in a mining site or part thereof to a condition approved by the Township Board
as part of a plan incorporated into a permit issued hereunder.
The Charter Township of Northville, County of Wayne, State of Michigan.
The Northville Township Board.
The minimum ground or structure-borne vibrational motion necessary
to cause a reasonable and normal person to be aware of the vibration by such
direct means as, but not limited to, sensation by touch or visual observation
of moving objects.
B.
Terms not specifically defined herein shall have the
meanings customarily assigned to them.
A.
The Planning and Zoning Administrator or his/her designate
or agent shall be responsible for inspections under this chapter and shall
at all reasonable times have the right to peaceably enter upon the mining
property for the purpose of conducting inspections to insure compliance with
this chapter and with all other applicable law, ordinances, codes and/or regulations
the Township is authorized to enforce. Any refusal to permit such inspection
shall be deemed a violation of this chapter and shall be cause for summary
proceedings to suspend and/or revoke the license issued pursuant hereto pending
such inspections. In addition to discretionary inspections, the administrator
shall make regular inspections during operations and reclamation with such
frequency as shall be necessary to ensure and monitor compliance under all
of the circumstances and, further, shall utilize the services of such experts
as the Township Board shall authorize for such purpose. The Administrator
shall make quarterly reports to the Township Board concerning compliance with
this chapter.
B.
Should the Administrator or his/her designate and/or
his/her agent discover any noncompliance with the terms and conditions of
this chapter and/or the licensure permit issued hereunder and/or with any
other applicable law, ordinance or regulation, the Administrator shall prepare
a notice of this fact detailing the violations and shall send copies of same
to the licensee and to the Township Board. Within 15 days following such notice,
the licensee shall advise the Township, in writing, whether or not it concurs
that a violation exists; and, if it is agreed that a violation does exist,
the licensee shall take steps to remedy the violation. If the licensee does
not agree, it shall, within the same period of time, state the reasons for
such lack of agreement.
C.
The licensee shall correct any and all violations forthwith
and in all events in a period not to exceed 60 days from the date of the violation
notice unless, due to circumstances beyond licensee's control, completion
of the corrective measures are not possible within such period, in which event
the licensee may, upon approval of the Township Board sought within the sixty-day
period, have a reasonable additional time within which to make the correction.
D.
In the event of a dispute with respect to the existence
of a violation, the Township Board shall set a reasonable time for a hearing
and shall notify the licensee of the time, date and place of the hearing.
After a review of the reasons stated by the licensee for its position that
no violation exists, the Township may, in its discretion, include in the notice
of hearing responsive allegations with respect to the claimed violation.
E.
In the event the licensee has concurred that a violation
exists but has not remedied the same in a timely manner as provided for herein,
a notice of violation shall be sent and a hearing hereon established utilizing
the same form and procedure as set forth herein with respect to the notice
and hearing on a violation.
F.
At the Township Board meeting, the matter of the disputed
violation or the failure to timely cure a violation shall be considered, which
consideration may be adjourned from time to time. Such consideration shall
include a hearing conducted at the meeting or meetings and shall further include
the opportunity of the licensee to appear in person or by a duly authorized
representative to present argument, witnesses and other evidence on behalf
and in the defense of the licensee or, in addition to or in lieu thereof,
to file a written presentation prior to the initiation of the meeting. The
licensee shall also be afforded the opportunity to examine individuals who
have made statements or submitted other evidence supporting the existence
of a violation or the failure to timely cure a violation, provided that such
examination shall be limited in scope to matters relating directly to the
statements made and evidence submitted. The Township Board shall, further,
make an effort to prevent the occurrence of the violation or to cure the same
in a timely manner.
G.
In the event the Township shall determine that a violation
of this chapter exists or that the licensee has failed to cure a violation
in a timely manner, the Township Board is authorized to take the following
action, taking into consideration whether the licensee made a reasonable effort
to prevent the occurrence of a violation and/or cure the same in a timely
manner:
(1)
If the violation constitutes the first uncured violation
and/or the first failure to cure a violation in a timely manner and the same
has not resulted in damage to person or property, the Board is authorized
to suspend the license for a period of up to one month.
(2)
If the licensee has previously had one uncured violation
and/or one failure to cure a violation in a timely manner and there is an
additional uncured violation and/or failure to cure a violation in a timely
manner and/or if any violation or failure to cure a violation results in property
damages, the Township Board is authorized to suspend the license for a period
of up to three months.
(3)
If the licensee is found to be in violation of this chapter
on a third occasion and/or if the licensee is found to have failed to cure
a violation in a timely manner for the third time or any combination of these
and/or if there are violations and/or failures to cure in excess of three
and/or if a violation has resulted in personal injury of one or more individuals,
the Township Board may suspend the license for a period of up to one year
or may revoke the license permanently.
H.
In the event the Township Board shall determine, in its
discretion, that serious and irreparable harm and damage is likely to occur
to person or property or that an impairment or pollution of the environment
is likely to occur, the Township Board may order an emergency summary suspension
of the license which shall become effective upon service of same upon the
licensee. The Township Board shall thereafter, as soon as is practical, conduct
a hearing with the same notice and procedural standards set forth herein for
violation hearings to determine whether to revoke the suspension order; to
continue the suspension order for a fixed period of time; or to revoke the
license permanently. The Board shall state the reasons for its determination.
If the licensee wishes to expedite the hearing procedure, the licensee may
waive the advanced notice requirement and proceed immediately to a hearing.
I.
Following the entry of a determination by the Township
Board to suspend or revoke licensure, the institution of a lawsuit in the
Circuit Court or other court shall not constitute a stay of the suspension
or revocation, as the case may be.
J.
The procedures and remedial action authorized under this
section shall be in addition to, and not in lieu of, additional actions the
Township may seek pursuant to the following section.
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 the Charter Township of Northville, 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.
