All activities, equipment, roadways and material storage areas shall
be treated, covered, muffled or otherwise controlled to ensure compliance
with the following performance standards:
A.
Operations will be conducted in a way to minimize negative
impacts on adjacent areas.
B.
Operations will be conducted in a way to minimize negative
impact on groundwater, watercourses, water bodies and wetlands.
C.
Operations will be conducted in a way to minimize dust
and dirt.
D.
Equipment used shall be constructed, maintained and operated
in such a manner as to eliminate, insofar as is practicable, noises and vibrations
which are injurious or substantially annoying to persons living in the vicinity.
All mining sites shall be fenced prior to the commencement of extractive
operations and prior to the placement on the site of machinery or buildings.
The fence shall completely surround the borders of the subject property; provided,
however, for good cause shown in relation to the protection of public safety
in view of the operations conducted, the Township Board may, in its discretion,
modify the precise location of fencing. The minimum specifications for the
fencing shall be as follows: A six foot high farm-type fence of nine-gauge
top wire, twelve-gauge bottom wire, fourteen-gauge stays and intermediate
wire and spacing of six inches vertically by 12 inches horizontally; all stays
shall be of fourteen-gauge wire; and support posts shall be spaced on sixteen-foot
centers or less.
The perimeter of any mining site shall be conspicuously and adequately posted with signs in accordance with the sign provisions of Chapter 170, Zoning, as amended, to indicate the danger of trespassing in the area. In no event shall such signs be more than 200 feet apart and the same shall be constructed of a weather-resistant rigid and sturdy material and shall be maintained and replaced as needed.
All active excavations and mining operations shall be visually screened
from view from all adjacent public highways and residentially used parcels.
Any of the following methods shall be used for such screening as determined
by the Township Board, following recommendation of the Township Planning Commission:
A.
Construction of a raised earth berm along the boundary lines of the premises where such lines abut a public highway, abut privately owned property which is improved and occupied for residential purposes and at such places as are necessary to screen processing equipment from the view of a person standing at ground level on any parcel of land improved and occupied for residential purposes located adjacent to or which fronts on any of the road forming the boundaries of the mining site. When constructed along public highways, the berm shall be of a sufficient height to screen processing equipment from the view of the general public using the highway as required by Chapter 170, Zoning. Where the berm is constructed adjacent to residential property or to screen nonadjacent residential property, it shall be sufficient in length and height to screen that portion of the property actually improved and occupied for residential purposes as required by Chapter 170, Zoning. All beams constructed adjacent to residential property shall be designed to prevent soil erosion, encroachment and excessive water runoff. During the next planting season following the placement of the berm and as often as may be necessary thereafter to ensure the existence of a vegetative ground cover, the licensee shall seed or plant the berm in a manner suitable for the area and for soil conditions so as to provide vegetation to check erosion and to provide a visible ground cover substantially similar to the vegetation cover previously on the property and/or adjacent property. Topsoil shall be spread as needed to sustain growth of vegetation. Where the topography of the area acts as a natural screen, the Township Board may waive the berm requirement. The berm shall have slopes not in excess of one foot vertical and three feet horizontal; or
B.
Planting of coniferous trees along the boundaries of
the property with sufficient rows and depth to permit effective screening
as determined by the Township Board and following recommendation of the Planning
Commission.
A.
Excavation, washing and stockpiling of extracted material
and all truck movements associated with the hauling of extracted materials
shall be restricted to weekdays between the hours of 7:00 a.m. and 7:00 p.m.
except in cases of a public emergency declared by the Township Board of Trustees
and described in detail in the license.
B.
The Board of Trustees, upon review and recommendation
of the Planning Commission, may permit extended hours of operation as a separate
special land use, in accordance with the standards and procedures described
below:
(1)
Operations, specified in writing as part of the permit
and special land use request, may begin no earlier than 6:30 a.m. on weekdays,
excluding holidays, provided operations that involve trucks over one ton entering
or exiting the site will cease by 5:30 p.m. and other operations shall cease
by 6:00 p.m., instead of 7:00 p.m. otherwise allowed.
(2)
Operations, specified in writing as part of the permit
and special land use request, may be conducted on Saturdays, excluding holidays,
to begin no earlier than 6:30 a.m. and to cease by 2:30 p.m.
(3)
Conditions and restrictions can be imposed on the extended
hours of operations to ensure compliance with the standards of this section.
(4)
All hours of operation shall be consistent with the License
Ordinance and mining permit.
(5)
The Planning Commission shall find all of the following:
(a)
The extended hours will not negatively impact surrounding existing uses as described in § 170-19.5E(11)(a), (b) and (c) of Chapter 170, Zoning, to a significantly greater degree than the regular hours.
(b)
The extended hours will not discourage development in
the surrounding area in accordance with the Township Master Plan.
(c)
Site improvements to mitigate negative impacts have been
maintained, the applicant has demonstrated compliance with the Township's
operating standards and a good faith effort to respond to reasonable concerns
expressed by the public regarding the operation.
(6)
The operator shall post on a sign in clear view at the
entrance the approved hours of operations.
(7)
The special land use shall require review and renewal
on an annual basis in accordance with the following procedures:
(a)
The operator shall notify the Township of the request
to continue the extended hours of operation at least 30 days before the expiration
date, the applicant shall provide a written summary of complaints regarding
the extended hours of operation and the response to such complaints during
the year.
(b)
A notice of the request for special land use renewal
shall be published in a newspaper of general circulation in the Township and
sent to all owners of property within 300 feet of the site. The notice will
indicate that a public hearing may be requested, but that no hearing will
be held unless such a request is made.
(c)
The Planning Commission shall conduct a public hearing, if requested, and review the impact of the extended hours of operation based on the standards in Subsection B(5) above. The Planning Commission shall either approve, approve with conditions or deny the extended hours of operation. Any approval shall again be valid for one year. The Planning Commission shall provide a report of its findings and decisions to the Board of Trustees during its annual review of the mining permit.
All parcels being mined under the provisions of this chapter shall have
direct access to a paved thoroughfare, which roadway shall be improved to
the specifications of the Wayne County Department of Public Services. In the
event the operation of a mined area shall cause any mined material, overburden
and/or similar materials to be deposited upon the public highway in the Township,
it shall be the responsibility of the operator to remove such materials within
12 hours of receipt of notice from the Planning and Zoning Administrator or
his/her designate. This requirement shall not waive any other higher or more
restrictive requirements by any other governmental entity or agency.
All roads within the mineral mining site shall be maintained by the
operator at all times in a dust controlled condition by the use of hard surface
paving material or the application of other dust retardants. Moreover, the
location and maintenance of roads shall be such as to avoid harm and/or impairment
to any bodies of water as well as to surface and/or groundwater.
A.
All equipment and facilities used in the production, processing or transportation of sand, gravel or stone shall be constructed, maintained and operated in such a manner as to eliminate, insofar as practical, sounds, vibrations or dust which interfere with the reasonable use and enjoyment of surrounding property. At a minimum, the operations shall conform to all performance standards set forth in Chapter 170, Zoning, as amended, or any successor zoning ordinance, and Chapter 117, Noise, of this Code, except as specifically modified herein. Where feasible, the processing plant and accessory equipment shall be situated below the average grade of the surrounding parcels so as to effectuate screening from sight, sound, dust and vibration.
B.
The intensity level of sounds shall not exceed the following
decibel levels, as measured from the nearest property line of the following
types of adjacent uses, where applicable; 55 decibels from residentially used
property; 62 decibels from commercially used property; and 70 decibels from
industrially used property. Measurements shall be made under this section
on an "A" weighting scale.
C.
All machinery and other operations conducted on or at
the mining site which cause vibration shall be conducted so as to prevent
transmission of ground vibration. The ground vibration shall be measured from
any lot line adjoining the site and the vibrations shall not exceed the vibration
perception threshold of an individual standing on said lot line.
All lighting used to illuminate the property and operation and each
and every portion thereof shall be directed away from surrounding property.
Shielding shall be required where lighting would otherwise be directed toward
a residential use and/or county road.
No aspect of the operation, including, without limitation, mining storage
and/or transportation of minerals, shall result in a danger to the public
health or safety, and/or impairment and/or pollution of the ground water,
surface water and/or watershed and surface water shall at all times, be directed
in such a manner so as not to interfere with the adjoining property owners;
provided, however, that maintenance of the direction and volume of the natural
flow of surface water shall not be deemed an interference. Proper drainage
shall be provided at all times to prevent the collection and stagnation of
water, except in conformance with the reclamation plan as approved as part
of the licensure permit.
Minimum setbacks for future excavation and operations areas, excavation-and-operations-in-progress
areas, interim restoration-in-progress areas and interim restored areas:
A.
Future excavation and operations areas, excavation-and-operations-in-progress
areas, interim restoration-in-progress areas and interim restored areas shall
be set back from the outer boundary of the subject property a minimum of 50
feet, except that a larger setback may be required by the Township Board of
Trustees in circumstances where a greater setback is deemed necessary to adequately
protect adjacent land areas. Grading and excavation activities may take place
up to the property line beginning six months before the completion of excavation
in an area when necessary to implement an approved restoration plan.
B.
Excavation, washing and stockpiling of extracted material
shall not be conducted closer than 300 feet to the margin of any stream or
waterway without written permission from the Michigan Water Resources Commission.
Machinery, equipment and methods of operation on the mining site shall
be limited to those specified in the permit application, unless approval for
same is subsequently granted by the Township Board, in which case such approval
shall be made part of the permit. In no event shall the activity of gravel
crushing or concrete crushing be permitted unless specifically authorized
by the license after a finding that such activity will not be a detriment
to the health, safety and welfare of the surrounding properties.
Any and all activities of the mining operation, where applicable, shall
be subject to all of the standards required in any other applicable law, ordinance
or regulation for wetlands and watercourse protection, including this chapter.
