A.
From and after the effective date of this chapter, no
person shall commence and/or continue to operate a gravel or other mineral
mining and quarrying operation in the Township except in accordance with a
licensure permit issued by the Township Board pursuant to this chapter.
B.
Any person conducting such operation on the date of the
adoption of this chapter shall have one year to comply with this chapter.
A.
Application shall be made to the Township for a licensure
permit. The application shall be submitted to the Township Clerk who shall
apprise the Township Board of the filing of the application and shall refer
the application to the Township Planning Commission; the matter shall be placed
upon the agenda of the Township Board for final action. In its deliberations
on the application, the Township Board shall be entitled to continue this
matter to subsequent meetings from time to time and, further, shall consult
with any and all experts deemed appropriate within the discretion of the Board.
Upon completion of deliberations, the Board shall either grant the licensure
permit or deny the same and state the reasons for denial.
B.
The application submitted for a licensure permit shall
contain the following.
(1)
Identifications:
(a)
Names and addresses of all owners or parties of interest
in the proposed mining site together with their legal or equitable interest
in the property;
(b)
Name and address of applicant;
(c)
Name and address of person, firm or corporation that
will be conducting the actual removal operation and the name, address and
telephone number of the specific person designated by the applicant for the
purpose of receiving all notices, correspondence and communications;
(d)
Location, size and legal description of the proposed
mining operation area, as well as the total site and any and all adjoining
land owned by the applicant and/or any persons or entities affiliated with
applicant;
(e)
Location and type of proposed processing plant;
(f)
Amount of each type of resource to be removed;
(g)
Proposed method of removal and extraction, processing
and/or other procedures undertaken prior to transport of minerals from the
site;
(h)
Proposed vehicular access to and from the operation and
the generally anticipated haul route;
(i)
Types and amounts of explosives proposed to be used and
the areas to be blasted, if specifically approved in the license;
(j)
Estimated period of time to complete operations with
the number, duration and description of each phase or phases where appropriate;
(k)
Amount and source of water to be utilized in processing
and the anticipated means and location of disbursement of such water, following
use;
(l)
Name and address of the banking or savings and loan entity
which is to issue the irrevocable letter of credit to be posted by the applicant,
if applicable;
(m)
Sworn statement that the applicant has never defaulted
on any bond posted to insure performance by the applicant in connection with
any gravel or mineral mining or any related mining and/or construction activity;
or, if applicant has defaulted on any such bond, a brief description of the
circumstances surrounding the default, including the name of the surety, date
of default and any remedial action which was taken;
(n)
The name of the operator's carrier for public liability
and property damage insurance;
(o)
The contemplated period of time, following reclamation, required prior to the date upon which the property will be usable for construction and improvement in accordance with the terms of Chapter 170, Zoning, in the district in which the property is situated. If the response hereto varies with respect to two or more locations on the property, provide the appropriate answer in relation to each varying portion of the property.
(2)
Vertical aerial photograph: Vertical aerial photographs,
enlarged to a scale of one inch equals 200 feet, from original photographs
at a negative scale no smaller than one inch equals 1,000 feet. The area covered
by the vertical aerial photographs shall include all land subject to the application;
all contiguous land which is proposed to be used or has been used by any of
the applicants for any extraction, treatment or storage; all roads which can
provide access to any land involved in the proposed operation; all roads other
than state trunk lines which may be used to haul mined material; and all lands
within one mile of each of the aforementioned areas. Each such area or feature
shall be delineated on the aerial. All aerial photographs shall be taken not
more than one year prior to the date of the application of which they are
a part.
(3)
Sectional map: Sectional map at an appropriate scale to cover the areas within one mile of the boundaries of the land included in the permit application showing the existing classification of all land appearing on the map as shown in the Official Zoning Map which is a part of Chapter 170, Zoning; roads, streets, and all uses of land within the area of the sectional map and the names of these roads and streets.
(4)
Topographic survey: Topographic survey taken from aerial
photographs or field surveys of the existing parcel down to a scale of one
inch equals 200 feet prepared by a registered civil engineer or registered
land surveyor licensed by the State of Michigan within the minimum four-foot
contour intervals based upon USGS data. The drawing shall also clearly show
each and every area to be mined and each and every area to be utilized for
stockpiling, processing, plant location and maintenance and storage areas.
(5)
Geological and engineering survey: Geological and engineering
survey and data prepared by a geologist or engineer licensed by the State
of Michigan, indicating:
(a)
Quality and quantity of each group of mineral to be excavated;
(b)
Level of water table throughout the planned mining area
for which a permit is sought;
(c)
Opinion as to each and every effect on the water table
and private wells of property owners within the reasonably anticipated area
of impact during and subsequent to the operation;
(d)
Quality of surface water, ground water and watershed
anticipated to be impacted during and subsequent to the operation to the geographical
extent reasonably expected to be affected;
(e)
Opinion whether the exposure of subterranean waters and/or
the impoundment of surface waters, where permitted, will establish a stable
water level at the level or levels proposed as part of the operation and that
the same will not interfere with existing subterranean water or cause any
harm or impairment to the general public;
(f)
Detailed plan for the disposition by controlled flow
or controlled drainage of any excess water into existing drains or watercourses
or drains or watercourses to be established, demonstrating, among other things,
that the facilities of such drain and/or watercourse shall not be unduly burdened
by the introduction of the additional drainage.
(6)
Plan of operation: A detailed operations and restoration
plan for the extraction of the natural resource deposits and restoration of
the site. The plan shall:
(a)
Set forth in detail the arrangement and nature of all
operations, including the quantity of each type of material to be removed
and the machine, equipment and methods to be used in the operation.
(b)
Set forth a detailed explanation as to routing of commercial
vehicles and their size, weight and frequency of trips. If different routes
will be used at different stages of the operation, a timetable for routing
shall be included. The applicant shall submit these proposed routings to Northville
Township, affected adjoining townships, the Wayne County Department of Public
Services, and the Michigan Department of Transportation for review of the
physical and design capabilities of these routes to accommodate the potential
traffic, including turning movements to and from the site at all points of
egress and ingress. A letter from each jurisdiction indicating their comments
shall be included as part of this application.
(c)
Set forth in detail the types and amounts of explosives
proposed to be used and the areas to be blasted.
(d)
Set forth in detail the amount and source of water to
be utilized in processing and the anticipated means and location of dispersals
of such water following use.
(e)
Set forth in detail those features of the arrangements
and nature of operations which will ensure that the operations have minimum
negative impact on adjacent areas and on areas affected by the routing of
trucks and other commercial vehicles.
(f)
Set forth in detail the procedures to be employed to
protect groundwater, watercourses, water bodies and wetlands from contamination
and erosion directly or indirectly caused by extraction and restoration activities.
Procedures should include the use of monitoring wells and the periodic sampling
of watercourses and water bodies and the termination of mining activities,
if any, of the periodic samplings indicated damage from contamination or erosion.
Monitoring wells may be omitted if the Township Board of Trustees finds, based
on specific facts, that they are not needed to ensure protection of water
quality.
(g)
Set forth in detail the procedures to protect groundwater
levels and the direction and flow rates of subsurface aquifers. Methods for
the disposition by controlled flow or controlled drainage of any excess water
into existing drains or watercourses shall be specified. Methods shall be
such that the facilities of such drain and/or watercourse shall not be unduly
burdened by the introduction of the additional drainage. Procedures should
include the property and the termination of mining activities if monitoring
wells indicate that impacts on groundwater could result in significant draw
down of existing wells or other region's water table. Monitoring well
may be omitted if the Township Board of Trustees finds, based on specific
facts, that they are not needed to ensure protection of water quantity and
flow.
(h)
Set forth in detail a timetable for each state of the
operation and a plan for restoration in one or more phases. The restoration
plan shall specify:
[1]
The use or alternative uses to which each restored area
will or could be developed based on the current zoning and Township Master
Plan. Where the current zoning and Master Plan differ, the applicant shall
provide illustration for development under both.
[2]
The dates by which areas will be restored, as interim restored areas and final restored areas pursuant to § 170-19.4L(2)(a) of Chapter 170, Zoning, as amended.
[3]
The restoration topography drawn as contours at an interval
of two feet on the USGS datum.
[4]
The location of water bodies and other major physical
features.
[5]
A conceptual site plan for areas to be developed or subdivided,
and the proposed layout of such areas including roads, rights-of-way, general
building and parking arrangements to meet area and setback requirements.
[6]
The methods and materials proposed for reclamation including
topsoiling and the amount and type of plantings.
The application shall be accompanied by a processing fee to be paid
by the applicant in an amount to be set by resolution of the Township Board.
Review of the application shall proceed as follows:
A.
Upon receipt of an application under this chapter, the
Clerk shall forward copies of same to the Township Planning Commission and
Township Engineers.
B.
The Planning Commission shall review and study the application
together with such supplemental information deemed necessary and report its
recommendation of approval or denial to the Township Board, including recommended
conditions or statements to be included in the licensure permit, if granted.
C.
The Township Engineers shall review the application and
report its recommendations to the Township Board. Such report shall include
a recommendation concerning whether or not an environmental report, assessment
or statement beyond those required herein should be made.
D.
After considering the reports of the Planning Commission
and Township Engineers and such other facts, opinions and reports as may be
requested and available by the Board and after conducting a public hearing
on the application, the Township Board may issue a mining licensure permit,
if all the following conditions are found to exist:
A.
The permit shall contain the following:
(1)
The name and address of the holder of the licensure permit
as well as the name and address of the land, if different from that of the
licensure permit holder. In addition, the permit shall also include the name,
address and telephone number of the person designated as agent for all notices,
correspondence and communication.
(2)
The legal description of the property to which the permit
shall apply.
(3)
The period for which the permit shall be valid, including
its expiration date.
(4)
The allowable hours of operation.
(5)
The number of feet from all the property lines and right-of-way
within which no cuts or excavations shall be made.
(6)
The steepest horizontal to vertical grade on finished
slopes where excavations have been made.
(7)
A statement essentially corresponding to the following: "This permit may be suspended or revoked upon a hearing of the Township Board, with notice by regular mail of said hearing to the applicant, based upon a failure to comply with one or more of the requirements of the Code of the Charter Township of Northville, Chapter 110, Mining and Quarrying, as amended, or other applicable law, ordinances or regulation and/or the terms and conditions of this licensure permit or upon the ground that the use constitutes a nuisance or danger to the public health, safety and/or welfare."
(8)
A statement to be countersigned by the applicant corresponding substantially to the following: "The undersigned has read this permit and understands and agrees that incorporated by reference as part of the terms and conditions hereof are all the statements and contents of the application for the permit as approved by the Township Board, the terms and conditions of the Code of the Charter Township of Northville, Chapter 110, Mining and Quarrying, as amended, and of any other applicable law, ordinances or regulations and, further that Northville Township employees and agents are permitted to come upon the premises at any reasonable time for the purpose of inspecting, monitoring and/or administering this chapter."
(9)
Any additional reasonable condition deemed appropriate
by the Township Board.
(10)
A statement of the condition that, in no event, shall
the area being mined and unreclaimed exceed the lesser of 75 acres or 40%
of the land constituting the subject of the permit.
(11)
A statement of the machinery, equipment and methods used
in the operation.
B.
The applicant shall provide the Township Board with a
recordable affidavits to be recorded with the Wayne County Register of Deeds
binding the applicant and all heirs, successors, assigns and transferees of
the applicant to the terms and conditions of the licensure permit.
C.
For the purpose of reimbursing the Township for inspections, monitoring, administration and enforcement of this chapter with respect to the licensee and in view of the relative impossibility of calculating and precisely anticipating amounts to be required for such purpose, the licensee shall make monthly payments to the Township in an amount to be set by resolution of the Township Board commencing one month after the date of issuance of the licensure permit. The fee shall be based upon the amount of material removed from the area by the licensee. At the end of each calendar year and as of the date of termination in the final year of operations, an entity performing audits in the regular course of its business shall certify the amount of materials removed by the licensee during the previous year or during such portion of the year until the date of termination, as applicable. Such fee shall be in addition to any other fee(s) imposed by this chapter and/or § 170-19.5 of Chapter 170, Zoning.
A.
A licensee may apply for renewal of the licensure permit
in order to promote uninterrupted operations, application shall be made to
the Township Clerk no less than 30 days and no more than 60 days prior to
the expiration of a then-effective licensure permit. The application for renewal
shall be made on the form provided by the Clerk.
B.
Upon receipt of an application, the Clerk shall refer
copies of same to the Township Board, the Zoning Administrator and to the
Township Engineer. The Planning and Zoning Administrator and the Township
Engineer shall forthwith report in writing to the Township Board with respect
to compliance by the applicant with all aspects of this chapter during the
period of the licensure permit which is about to expire. If there has been
compliance in all respects with this chapter, a renewal of the licensure permit
may be granted. In the event there has not been compliance, the Township Board
may, in its discretion, either deny the renewal or grant the renewal for a
period determined to be appropriate by the Township Board upon stated conditions.
C.
In all events, if it appears that protection of the public
health, safety and general welfare and/or protection of the air, water and
natural resources and the public trust therein require denial of the licensure
permit renewal, the Township Board may either deny renewal outright or consider
renewal upon conditions which vitiate the underlying cause for denial.
The period of the initial permit and/or any renewal permit shall be
one year or such other period of time the Board deems appropriate based upon
all of the relevant facts and circumstances.
A.
Bond. The mining operation shall not commence until such
time as the licensee has posted with the Township Clerk a performance bond
in an amount determined by the Township Board, following recommendation of
its experts, to be reasonably necessary to insure reclamation. No less than
25% of the total bond shall be in the form of cash or an irrevocable letter
of credit issued by a banking or savings and loan institution licensed to
do business in the State of Michigan, making the Township the beneficiary
thereof. All of the rest and balance of the bond shall be in the form of a
corporate surety bond issued by a company licensed for such purposes in the
State of Michigan. The conditions of such bonds (letter of credit and surety
bond) shall be that, if the licensee has satisfactorily reclaimed the property
being the subject of the permit in a timely manner, in accordance with the
licensure permit, the performance bonds shall be returned to the licensee;
otherwise, the Township shall have a right to use the cash or proceeds of
the irrevocable letter of credit to the extent necessary to reclaim the property
and to cover the cost of enforcing and bringing about compliance with this
chapter, including reasonable attorney fees, and the corporate surety bond
shall serve to guarantee payment for all such reclamation and enforcement
and compliance requirements, as aforementioned.
B.
The cash or irrevocable letter of credit shall remain
with the Township until the expiration of one year after the parcel or parcels
have been reclaimed and all equipment, machinery, materials, building and
other commercial improvements removed as required by this chapter and/or by
the permit.
C.
The establishment of the amount of the performance bond,
the Township Board shall take into account the size and scope of the proposed
operation, the current and projected costs of reclamation in the event of
default by the operator at such time as it is likely to be most costly and
other such conditions and factors as might be relevant in determining a sum
reasonable in light of all the facts and circumstances. The Township Board,
in considering any application to renew the permit, may, in its discretion,
increase or decrease the amount of the performance bond, based upon increased
costs, new information or partial reclamation.
D.
Cash in lieu of letter of credit. In the event that the
applicant chooses to post cash in lieu of an irrevocable letter of credit
as provided herein, such cash may be deposited in an interest bearing account
in control of the Township at a bank or savings and loan institution satisfactory
to the Township, provided that all sums on deposit shall be readily accessible
to the Township in the event of need or default. Such interest shall accrue
for the benefit of applicant or be paid over to applicant.
Insurance shall be a precondition to commencement of operations and
maintenance in full force and effect of insurance shall be a precondition
to the right to continue operations. The applicant shall provide binders for
personal injury and property damage insurance for the project to be carried
by an insurance company licensed to do business in the State of Michigan during
all times during which any reclamation is left to be done and during all times
any machinery and/or equipment remains on the site or any structures, equipment
or improvements to be removed remain on the site. This insurance shall be
carried in amounts no less than $1,000,000 for personal injury and not less
than $1,000,000 for injury and damage to more than one person's property
arising out of a single occurrence. This insurance shall cover injury or damage
occurring upon the site of the operation as well as upon injuries occurring
upon adjoining property as the result of conditions or activities conducted
upon the subject property.
