[HISTORY: Adopted by Board of Trustees of the Charter Township of
Northville as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-1991 as Subchapter F of Ch. 61 of
the Code of Ordinances]
A.
Purpose. The purpose of this article is to protect the public health and welfare by assuring the timely and lawful collection of solid waste from owners of private property within the Township; and to implement well articulated public policies regarding the recycling and composting of certain portions of the waste stream and collection thereof; to provide for a reasonable system of user fees to defray the costs incurred by the Township in administering the system. (See Article II, Composting.)
B.
Findings. The Board of Trustees of the Charter Township
of Northville finds that regulation of the collection and disposal of solid
waste is necessary to protect the public health and safety; that, under current
circumstances, it is feasible to implement curbside pickup and disposal of
residential recyclable materials, compostables and solid waste and that such
implementation will be most efficiently accomplished by the Township entering
into a contract for provision of such services; and that, at this time, it
is not feasible to require separation of recyclable materials and compostables
from other solid waste for persons using commercial receptacles for collection
of their solid waste.
The following words and phrases shall have the meanings ascribed to
them in the interpretation of this article:
An individual, sole proprietorship, partnership, corporation or association.
The residue from the burning of wood, coal, coke, refuse, wastewater
sludge or other combustible material.
The duly elected or acting Clerk of the Charter Township of Northville.
Leaves, grass clippings, brush, wood debris under 2 1/2 inches
in diameter, lumber, pallets, vegetative pruning, garden waste, yard waste,
Christmas trees and wreaths.
The collection of solid waste which has been placed for pickup in
appropriate solid waste receptacles at the side of a public or private road
adjacent to the abutting private property.
Rejected food wastes, including waste accumulation of animal, fruit
or vegetable matter used or intended for food or that attends the preparation,
use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.
Any person, persons, firm, partnership or corporation to whom has
been issued a private collector's license. This term shall not refer
to the Charter Township of Northville's contractor.
Those items listed in § 149-5B.
Nonputrescible solid waste, excluding ashes, consisting of both combustible
and noncombustible waste, including paper, cardboard, metal containers, wood,
glass, bedding, crockery, demolished building materials or litter of any kind
that may be a detriment to the public health and safety.
A person who owns or operates a solid waste transporting unit.
A mechanical collection and storage facility capable of transporting
solid waste from two or more residential dwelling units, which may be an integral
part of a truck or other piece of equipment used for the transportation of
solid waste.
The duly elected or acting supervisor of the Charter Township of
Northville
A private individual, firm, partnership or corporation collecting
and disposing of municipal solid waste pursuant to a duly authorized and executed
agreement or contract with the Charter Township of Northville, to provide
such services at a certain rate or price.
The operation and administration of this article shall be under the
direction of the Township Board.
A.
Enforcement. It shall be the duty of the Supervisor of
the Township, through their proper agents and officers, to enforce the provisions
of this article, and to make rules and regulations for the administration
of the same.
B.
Township contract for solid waste collection; authority
of Township to contract for solid waste collection. Whenever in the judgment
of the Township Board such action may be necessary or advisable, they may
determine to have the Township enter into a contract or contracts, and to
grant a license or licenses to such persons as they may deem best able to
collect solid waste, separated between recyclable and non recyclable materials,
in the Township in accordance with the best interest of the Township and its
citizens. The contract shall be for such terms as they may determine, but
not to exceed in any instance five years for an nonexclusive contract and
two years for an exclusive contract, and such contract may be, but need not
be, exclusive, and the Township Board may authorize the making on the part
of the Township of one or more contracts and if they determine it necessary,
may limit such contract to a certain part of the Township, or to certain types
of premises, such as residential, commercial, industrial and the like.
C.
Contract; award by Board; basis. The contract or contracts
shall be awarded on a competitive basis, and the Board shall be responsible
for the control of lettering and making such contract or contracts. The procedures
established by the Township policies and all ordinances in connection with
the awarding of contracts shall be observed.
D.
Contract; bond requirements. Each person entering into
a contract with the Township for the collection and disposal of solid waste
shall furnish the Township with a performance bond in an amount established
by the Township Board and in such form as may be approved by the Township
Attorney, which bond shall be signed by an approved corporate surety authorized
to do business in this state and which bond shall be conditioned on the satisfactory
performance of all obligations assumed under the particular contact, and further
conditioned on the due observance during the term of the contract of all laws
of the state or ordinances of the Township and all legal rights of all persons
who are served by or injured by the contractor.
E.
Contract insurance requirements.
(1)
Each Township contractor shall procure and maintain during
the life of the contract owner's and contractor's protective public
liability and property damage insurance, in the name of the Township, in an
amount not less than $3,000,000 for injuries, including accidental death,
to each person; and subject to the same limit for each person, in an amount
not less than $3,000,000 on account of each accident, and $1,000,000 aggregate
for damage to property.
(2)
The Township may require of Township contractors other
bonds and insurance, including worker's compensation insurance, to insure
the Township that the obligations of the contractor will be sufficiently performed
and/or discharged and to protect the Township in the event that they are not.
F.
Contractor's license insurance. The Township Clerk
shall issue to the contractor immediately after the execution of the contract
a license, without charge, to collect solid waste as required by the terms
and conditions of the contract for the period of the contract.
G.
License and contact not assignable. No license or contract
issued, granted or entered into, to any Township contractor, under the provisions
of this article, shall be transferable, assignable or sublet without the express
permission of the Township Board in the form of a resolution, unless otherwise
expressly provided in the contract.
H.
Frequency and extent. Except as otherwise provided in
this article and other ordinances, and except in the case of an emergency
arising from an act of God, or under circumstances over which the Township
contractor has or had no control, solid waste shall be collected, removed
and disposed of no less frequently than once each week from premises to be
served by the Township contractor.
I.
User charge. If the Township enters into a contract pursuant
to this section, a user charge shall be established by resolution of the Township
Board, and imposed on all residents of the Township, to be served by such
contract reasonably calculated to defray the cost of providing the service.
The charge shall be assessed to each resident served, and the Township Board
has the discretion to include said charge as part of said residents'
water and sewer billing.
A.
License required. All solid waste shall be collected
from persons or property within the Township only by a person licensed as
a solid waste hauler by the Township. It shall be unlawful for any person
to operate as a solid waste hauler in the Charter Township of Northville without
first obtaining a license as herein provided.
B.
Interference with collection. It shall be unlawful for
any person other than Township licensed solid waste haulers, or other authorized
persons to interfere with solid waste haulers, or other authorized persons
to interfere with solid waste placed in the streets, alleys, and public places
of the Charter Township of Northville for collection by licensed solid waste
haulers, or to interfere in any way with solid waste receptacles in the Charter
Township of Northville.
A.
General rule. It shall be unlawful for any person who
owns, possesses, controls, supervises or occupies private property within
the Township which has available curbside collection of solid waste to commingle
recyclable materials with other solid waste, or to place it out for collection
other than as provided in this section.[1]
B.
Recyclable solid waste. All recyclable material shall
be separated from other garbage and refuse and grouped together and placed
for collection. Recyclable material shall consist of, and be contained as
follows:
(1)
Brown, green and clear glass bottles, jars and containers;
Ferrous and nonferrous cans and bottles; and polyethylene terephtalate (PET)
and high-density polyethylene plastics (HDPE) as listed in Michigan Public
Act 414 of 1988, MCL 299.481 et seq., whether or not labeled in accordance
with said Act, are recyclable and shall be placed together in the approved
recycling container and placed out for collection.
(2)
Newsprint. All newsprint shall be bundled or bagged and
placed out for collection. Newsprint shall not be mixed with any other solid
waste.
(3)
Compostables shall be placed in approved bags and placed
out for collection.
C.
Collection.
(1)
Placement for collection. Recyclable materials shall
be made accessible for collection in the same locations as non-recyclable
solid waste.
(2)
Time of placement for collection of recyclable refuse.
All recyclable refuse shall be placed for collection at the same time as other
solid waste is placed for collection.
(3)
Donation to others. Nothing in this article is intended
to prevent any person from donating or selling recyclable materials to any
person, club, business, civic organization, charitable organization or any
other organization.
It shall be unlawful for any licensed solid waste hauler to accept from
private property within the Township, which has available curbside collection
of solid waste, recyclable materials commingled with other solid waste, and
to transport recyclable materials to a licensed disposal area other than a
facility for their processing. The solid waste hauler shall establish and
implement a recycling program consisting of weekly curbside collection of
recyclable, transportation and delivery to a materials recovery facility,
and an educational program to advise customers of the benefits of recycling.
The curbside collection of recyclable material shall include the following:
A.
Providing storage containers. The solid waste haulers
shall provide an in-home recycling container to each customer for the storage
of recyclable materials. The container shall be plastic, and manufactured
using at least 25% recycled materials.
B.
Collection of recyclable materials. The solid waste hauler
shall collect all recyclable materials as defined in this article and shall
be responsible for delivering all recyclable materials other than compostables
to a material recovery facility (MRF), or similar recovery facility other
than a landfill or incinerator. Compostables shall be delivered to a composting
facility. Recyclable materials shall not be disposed of in a licensed disposal
area, unless delivered to a material recovery facility or a composting facility
within such a disposal area.
No person who is a resident of the Township or who owns, possesses,
controls, supervises or occupies land or premises within the Township shall
cause or permit any solid waste, including recyclable materials, to be collected
from such person or persons' premises by any person other than a solid
waste hauler licensed by the Township.
No solid waste shall be collected from persons or property within five
hundred feet of a residential unit between the hours of 11:00 p.m. of one
day and 6:30 a.m. of the next succeeding day unless the Township Supervisor
has issued written authorization for such collection after having duly considered
the means and location of such collection and determined no offensive noise
or nuisance will be occasioned adjacent residences.
Every person who owns, possesses, controls, supervises or occupies land
or premises with the Township shall be responsible for placing and keeping
solid waste arising from the use or occupation of such property in receptacles
designed and constructed for such purpose and which prevent the emission of
odors and the broadcasting of pieces. Further, such receptacles shall be impervious
to weather, safe from destruction by animals and hygienic, provided that plastic
bags with a thickness not less than 1.5 millimeters shall be deemed to meet
the requirements of this sentence.
A.
Rubbish that is larger than can be conveniently contained
in receptacles shall be securely tied in compact bundles not to exceed 50
pounds in weight and placed in location convenient for collection. Parts of
trees shall not exceed four feet in length nor shall they exceed four inches
in diameter.
B.
Solid waste resulting from the operation of commercial,
industrial or other business enterprise may be placed and kept in commercial
receptacles of a size and construction to facilitate pickup by a licensed
solid waste hauler. Such commercial receptacles shall be constructed of substantial
metal, shall be watertight and shall have tight-fitting covers.
C.
Solid waste resulting from the usual routine of housekeeping
and residential living may be placed and kept in portable receptacles of substantial
metal or plastic construction with handles and a tight-fitting cover. Plastic
bags of sufficient thickness to meet the purposes of this section may be used
in place of metal or plastic portable receptacles for such domestic solid
waste. No single receptacle or bag shall weigh more than 65 pounds when filled.
D.
In the case of a building housing more than two families,
the receptacles shall be provided by the owner of the premises and shall be
commercial receptacles unless the curbside collection of solid waste is available.
E.
It shall be the duty of the owner, contractor or other
person responsible for construction work to remove from the premises within
a reasonable time after the completion of such construction work all surplus
construction material and building refuse material.
Every person who owns, possesses, controls, supervises or occupies private
property in the Township shall cause all solid waste to be collected from
such property at least once each week. If the collection is to be provided
by the Township pursuant to contract, such person's responsibility shall
be to place such solid waste at its usual collection point. Every such person
shall limit the time when receptacles are placed on public property or private
property beyond the front line of any residence to the period of 6:00 p.m.
on the day prior to the regularly scheduled solid waste collection day and
12 hours following the act of collection by the licensed solid waste hauler.
A.
Dumping within the Township prohibited; exception. No
solid waste shall be kept in open containers or piled, placed, dumped or disposed
of on any land within the Township, provided that nothing contained in this
article shall prevent the Township from establishing or contracting for the
use of a sanitary landfill site for the exclusive use of the residents of
the Township.
B.
Burning prohibited. It shall be unlawful for any person
to burn garbage or rubbish any place within the Township other than in incinerators
located inside of buildings and approved by the Chief of the Township Fire
Department or some person designated by him. It shall be unlawful for any
person to burn leaves and yard waste any place within the Township.
C.
Safety. No person shall deposit, spill or leave any matter
or thing whatsoever on either public or private property or cause the same
to be done which may result in injury or damage to person, animal or property.
D.
Scattering. It shall be unlawful for any person to scatter
or leave any matter or thing whatsoever on either public or private property
or cause the same to be done, which will result in or contribute toward any
unsightly conditions within the Township.
All solid waste haulers collecting solid waste from persons or property
within the Township shall be required to have a duly issued and in effect
license pursuant to the following procedure:
A.
The Township Clerk and the office of the Township Clerk
shall administer the issuance of the license.
B.
Each license shall be effective for a term expiring on
the 31st day of December next following the date of issuance, unless earlier
suspended or revoked.
C.
The fee for a solid waste hauler's license shall
be $25 plus $5 for each solid waste transporting unit and each commercial
receptacle owned or utilized by the licensed solid waste hauler in the Township.
The Township Clerk shall be notified of each additional solid waste transporting
unit and each additional commercial receptacle placed in service after a new
or renewal application has been filed, and accompanied by the aforesaid unit
fee, before the Clerk may issue the decal for the additional units or receptacles.
D.
A license shall be issued to the solid waste hauler applicant
and a decal for each solid waste transporting unit and commercial receptacle
of the applicant. The license shall be displayed at the licensee's principal
place of business and produced for inspection by any representative of the
Township or customer upon request to the licensee. The decal shall be permanently
affixed to and maintained upon the solid waste transporting unit or commercial
receptacle in a clearly visible location.
E.
A license shall not be granted to an applicant unless
the applicant submits an application in a form, and containing such information
concerning the identity, experience, officers and employees, equipment, economic
integrity, proof of access to, and use of an adequate and approved materials
recovery facility (MRF), composting facility, and a licensed disposal area,
and pertinent facts of the applicant as the Township Clerk may from time to
time require for the purpose of determining whether the applicant meets all
of the requirements of a solid waste hauler, and the solid waste transporting
units, established by the Director of the Department of Natural Resources,
pursuant to MCL 324.11501 et seq., and rules promulgated pursuant to MCL 24.201
et seq., as amended, all of which detailed technical regulations are adopted
by reference and incorporated herein by such reference.
F.
Each solid waste transporting unit and each commercial
receptacle shall be inspected in accordance with procedures established by
the Clerk to determine that the solid waste hauler has in operation only units
and receptacles which are proper, hygienic and not contributory to litter.
The Clerk may accept as complying with this article any solid waste transporting
unit which meet the standards of the Department of Natural Resources under
Act No. 641, P.A. 1978, and the rules promulgated pursuant to Act No. 306,
P.A. 1969 (MCL 24.201 et seq.), as amended, all of which detailed regulations
are adopted by reference and incorporated herein by such reference, for the
period of the effectiveness of such approval.
G.
Each application for a year's license shall be accompanied
by a bond running to the Charter Township of Northville in the penal sum of
$100,000 in such form as may be approved by the Township Attorney, which bond
shall be signed by an approved surety duly authorized to do business in Michigan,
and which bond shall be conditioned on the due observance during the time
of the license of all of the laws of the State of Michigan, the ordinances
of the Charter Township of Northville and the approved rules and regulation
of the Supervisor pertaining to the collection, removal and transportation
of solid waste and all legal rights of all persons who are served by or injured
by the licensee. Such bond shall remain in full force and effect for a period
of 90 days after the expiration or cancellation of any such license. Each
licensee shall maintain for each vehicle, the security required by law, and
additional security sufficient to pay $1,000,000 for one person injured in
an accident, and $1,000,000 for all other persons injured in an accident,
and shall deposit, prior to the issuance of the license, certificates of insurance
with the Township Clerk indicating such coverage. The solid waste hauler licensee
shall obtain and keep in full force and effect insurance to protect the public
against risk of loss from liability, including damage to property and injury
to person, in a sum of not less than $1,000,000 per occurrence caused by the
actions or operations of the licensee, its officers, employees and agents.
Further, the Township may require of private and Township contractors other
bonds of insurance, including workers' compensation insurance to insure
the Township that the obligations of the contractors will be protected in
the event that they are not.
H.
If the applicant meets the requirements of this article, meets the requirements and rules promulgated pursuant to Act No. 641, P.A. 1978, agrees to abide by this and all other applicable Township ordinances, including, but not limited to, site plans prepared pursuant to Chapter 170, Zoning, and pays the applicable fees, then the Clerk shall issue a license to the applicant and for each acceptable solid waste transporting unit and commercial receptacle.
I.
No license or contract issued, granted or entered into
with any contractor under the provision of this article shall be assignable
or sublet without the express written permission of the Township Board.
A.
No solid waste hauler licensee shall require a customer
to deposit or prepay collection charges for a period in advance greater than
three calendar months.
B.
No solid waste hauler licensee shall collect from residential
customers less frequently than weekly (legal holidays, strikes and acts of
God excluded).
C.
No solid waste hauler licensee shall dispose of collected
solid waste other than by means of licensed solid waste transporting units
and at disposal areas or facilities licensed pursuant to MCL 324.11501 et
seq., provided that recyclables shall be transported to materials recovery
facilities and compostables shall be transported to composting facilities,
and that after June 30, 1991, no solid waste hauler licensee shall transport
compostables to a sanitary landfill for disposal.
D.
The Township Supervisor shall have the authority to designate
from time to time the streets and highways upon which the solid waste hauler
licensee may transport solid waste transporting units.
E.
The Township shall have the authority to designate a
particular property or condition as a public health hazard due to solid waste
generation, accumulation or storage, and upon notice to a solid waste hauler
licensee, the Supervisor may require such licensee to cooperate and assist
in the collection of solid waste for the purpose of reducing or eliminating
the public health hazard, provided that the Township shall pay the reasonable
and customary charges of such licensee related to providing required collection
and the Township shall be entitled to receive full reimbursement of such charges
from the person who owns, possesses, controls, supervises or occupies the
aforesaid particular property.
F.
Each solid waste hauler licensee shall designate an employee
or agent to regularly answer all complaints made, and to properly dispose
of same.
G.
Each solid waste hauler licensee shall pay any judgment
which may be obtained against the Charter Township of Northville, whether
alone or with said licensee on account of any injury, or damage to any person
or property by reason of any license granted hereunder, and said licensee
upon demand of the Township shall intervene and defend any such suit or action
thereof upon notice thereof given by the Clerk to said licensee.
H.
Solid waste transporting units used by the licensee in
the collection and disposal of solid waste under the provisions of this article
shall have, on both sides thereof, the name of the licensee and business in
plain, unobscured letters of not less than four inches in height.
I.
Each solid waste hauler licensee shall collect solid
waste by emptying the contents of the receptacle into the licensee's
solid waste transporting unit and returning the receptacle to the place on
the customer's property from which it was removed, replacing the cover.
All receptacles shall be so handled and emptied so that no garbage is spilled
on the premises of the customer nor in any street area.
J.
The solid waste hauler licensee shall so load the solid
waste transporting unit that as soon as any compartment of the licensee's
solid waste transporting unit is filled, the same shall be immediately covered
with a metal cover.
K.
The transportation of all garbage, offal, rubbish or
other waste materials through the streets, alleys, or thoroughfares of the
Charter Township of Northville shall be conducted in such manner as to create
no nuisance. It shall be unlawful for any person, firm or corporation to transport,
cart, carry or convey through or over any of the streets, alleys, or public
places of the Charter Township of Northville any garbage unwashed refuse,
or unwashed food containers without the written consent of the Township Board.
Whenever such permission is granted, the vehicle used for such purposes shall
be watertight and provided with a suitable covering. It shall be unlawful
for any person, firm or corporation to transport or to otherwise convey through
or over any of the public streets or public places of the Charter Township
of Northville any rubbish or other waste material except under written regulations
or with the written consent of the Township Board, except rubbish or waste
material accumulating on property owned or controlled by him and then only
by approved methods of conveyance.[1]
Any applicant for license may be refused and any license issued under
this article may be revoked by the Supervisor when the applicant or licensee
has made a false or fraudulent statement in such application or in the operation
of his business, or whenever such business is conducted in an unlawful manner
or in such manner as to constitute a breach of the peace or a menace to the
health and welfare of the public, or whenever such applicant or licensee is
unable to satisfactorily meet or perform the requirements and provisions of
this article, and the approved rules and regulations of the Township Board.
Upon a written complaint setting forth the reasons for denial, suspension
or revocation of a license filed by the Supervisor with the Clerk, the Clerk
shall call a meeting of the Township Board with notice to the applicant or
licensee in order to consider the complaint and conduct a hearing thereon.
At said hearing, the applicant or licensee may introduce evidence on its behalf
and confront all opposing witnesses. Upon a finding a majority of the members
of the Township Board present as said hearing of a violation of the provisions
of this article, the license may be denied, suspended or revoked. The applicant
or licensee may have a right to appeal any adverse decision of the Township
Board or to a court of competent jurisdiction.
Notwithstanding any language in this chapter to the contrary, any person
who shall violate the provisions of this chapter shall be responsible for
a municipal civil 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 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.
[Adopted 7-11-1991 as Subchapter G of Ch. 61 of
the Code of Ordinances]
A.
The intent of this article is to regulate the siting
of commercial composting operations, their development and continued use.
Development shall be regulated in such a fashion as to protect natural resources
and the general health, safety, and welfare of the community as a whole. Regulation
is also intended to preserve, protect, and enhance the social and economic
well being of those proposing the use, in addition to the residents and property
owners in the immediate surrounding area. It is also intended that the regulation
ensure compliance with appropriate state, county and local regulations, guidelines,
and policies.
B.
This article is not intended nor shall it be construed
to prohibit an individual from composting yard wastes from the individual's
own household, or upon the individual's own land, as long as the composting
does not create a nuisance or hazard to health. Yard waste and solid waste
accumulated as part of an improvement or the planting of privately owned farmland
may be disposed of on the property if the method used is not injurious to
human life or property, does not unreasonably interfere with the enjoyment
of life, property, and does not violate any other state, county, or local
act, ordinance or regulation.
C.
Activities conducted in accordance with Public Act 240
or 1987 of the Public Acts of the State of Michigan, Right to Farm Act (MCL
286.472 et seq.), are exempt from this article.
As used in this chapter, the following terms shall have the meanings
indicated:
Decomposition of organic matter in an environment with oxygen present.
The microorganisms responsible for the decomposition consume oxygen and produce
carbon dioxide. This type of composting is known to produce litter without
offensive odor.
Decomposition of organic matter in an environment with little or
no oxygen present. The microorganisms responsible for the decomposition do
not need oxygen. This method of composting decomposes compostables more slowly
than aerobic composting and is known to generate hydrogen sulfide and ammonia-like
compounds which produce offensive odors.
A site, as distinguished from a landfill, where composting occurs
as part of a private business or government service. Sites of less than one
acre in size or with capacity not exceeding two cubic yards are not defined
as a commercial composting facility.
The person or entity responsible for the operation of a composting
facility regulated by this article.
Material received along with the yard wastes which can not be composted
and, therefore should be removed from the yard wastes in preparation for composting.
Contaminants include but are not limited to plastic bags, string or wire used
to bundle brush, cardboard boxes, burlap wrapping, etc.
A complex, highly stable material formed as a result of the breakdown
or decomposition of compostable materials, the end product of the composting
process also known as "humus."
A yard waste management alternative to burning and/or landfilling
in which compostable yard waste is collected, processed, and recovered as
a resource rather than disposed of. It involves the biological decomposition
of organic matter under controlled conditions characterized by piles that
generate heat under aerobic conditions. Sheet composting shall not be considered
a permitted use.
includes typical yard wastes and clippings such as and limited to
leaves, grass clippings, vegetable or other garden debris, shrubbery or brush,
tree trimmings less than four feet in length and four inches in diameter,
that can be converted to compost. This term does not include stumps, roots,
agricultural wastes, animal waste, sewage sludge, or garbage.
An engineered method to mechanically capture or otherwise eliminate
anaerobic odors.
Heaps for open composting and are used in the open, on the ground,
with no confining structure like a bin, pit or pen. Windrows are elongated
piles which require periodic turning to expose all particles of the mass to
similar conditions.
Limited to leaves, grass clippings, vegetable or other garden debris,
shrubbery or brush, tree trimmings less than four feet in length and two inches
in diameter, that can be converted to compost. This term does not include
stumps, roots, agricultural wastes, animal waste, sewage sludge, or garbage.
Commercial composting facilities may be permitted within the I-1 Industrial Zoning District with a special use permit. The composting of materials generated off-site shall also be subject to an annual operational permit as regulated in Article I, Collection and Recycling, of this chapter as imposed by the official body(ies) charged with review and approval of the use.
All requirements and standards of the section shall be complied prior to a special use permit approval. Standards for continued operation of commercial composting facilities are enumerated in Article I, Collection and Recycling, of this chapter.
A site plan must be submitted, reviewed and approved in accordance with Article 33, Site Plan Review, of Chapter 170, Zoning. In addition, a site plan management plan must be submitted and reviewed during the site plan approval process and annually, thereafter, as prescribed in Article I, Collection and Recycling, of this chapter.
A.
Parcel size. A parcel to be used for commercial composting
shall be a minimum of two acres in size and shall not exceed 10 acres for
a single operation. The site shall be capable of accommodating a maximum of
3,000 cubic yards of leaves or other yard wastes for every one acre of land.
Individual windrows within the composting facility may not exceed six feet
in height and 10 feet in width as measured from the base.
B.
Setbacks. No decaying/composting organic remains (windrows) or associated structures, equipment or staging areas shall be located closer than at least 1,200 feet from the nearest existing residential property line, and at least 1,500 feet from the nearest residential dwelling. Where positive odor-control technologies are utilized, the Township may reduce isolation distances (setbacks), depending upon the equipment and procedures utilized. When abutting an industrial zoned lot, standard setbacks shall apply as prescribed in Chapter 170, Zoning; when abutting surface water, setbacks must be a minimum of 1,000 feet; when abutting an MDNR regulated wetland, setbacks shall be not less than 50 feet; when abutting potable water supply, setbacks shall not be less than 200 feet.
C.
Frontage. The parcel should have frontage for the entire
width of the lot on a public street; however, applications will be accepted
and reviewed for sites with less than full width frontage. Determinations
of acceptance shall be based upon the characteristics and merits of the particular
site and the ability of the site to comply with the overall intent of this
article as well as protecting the general health, safety, and welfare of the
neighboring properties, the community as a whole, and the developer.
D.
Location. Sites proposed to be located on lands which
have been platted or previously issued a development rights agreement, under
the Farmland and Open Space Preservation Act (MCL 324.36101 et seq.), are
prohibited for the duration of the agreement.
E.
Access. The main service drive for vehicles bringing
compostables to a commercial composting facility must be accessible from a
major thoroughfare as defined in the Master Plan and avoid residential areas.
A commercial composting facility must provide internal accessibility to all
points of the site with a surface capable of supporting rescue equipment and
emergency vehicles and at a minimum, a turnaround at the terminus of each
road. Each internal road, either those open to the public or service roads,
must be elevated to provide adequate drainage and constructed of stone, gravel
or another material deemed acceptable by the Township Engineer.[1]
F.
G.
Elimination of public nuisances. A composting facility
designed for anaerobic composting shall not be permitted. Aerobic composting
facilities shall operate in a manner that prevents anaerobic composting from
occurring. In addition:
(1)
Storing, discharging or depositing sewage, human waste,
wash water, garbage, or other wastes in such a manner as to make them a potential
agent in the transmission of disease is prohibited.
(2)
Storing or disposing of any kind of wastes in a manner
that pollutes a water supply, is located within a one-hundred-year floodplain
or wetland or contaminates surrounding land to the extent public health is
endangered, is prohibited.
(3)
Depositing, storing or disposing of garbage, manure or
any other wastes in a manner that attracts vermin, insects or other pests,
or allows the wastes to become a breeding place for mosquitoes, flies, or
other disease-carrying insects is prohibited.
(4)
The composting facility operator shall not permit offensive
odors to escape the boundaries of the facility and/or interfere with the enjoyment
of adjacent properties.
(5)
Noise and vibration emanating from a commercial composting
facility shall not exceed standards established in ordinances, statutes and
regulations of the Township, the County or the State of Michigan.
(6)
Keeping or leaving bodies of dead animals within a commercial
composting facility is prohibited.
(7)
Debris and litter driven by wind or flowing water emanating
from a commercial composting facility shall be collected daily by the facility
operator. In the event the operator is unable to prevent wind or water driven
debris from leaving the site, the enforcement officials shall direct the facility
operator to erect impenetrable screening to stop the scattering of debris
from the site.
(8)
Storage of contaminants, as defined herein, which have
been removed from incoming material shall not exceed 10 cubic yards at any
particular time. Contaminants must be stored within an enclosed container,
screened from view according to standards established herein.
(9)
A facility operator shall use only licensed disposal
areas for the disposal of its solid waste, as a result of its normal scoring
operations, and not conduct, manage, maintain, or participate in the operation
of a disposal area not licensed under 1978 P.A. 641, MCL 299.401 et seq.,
or to knowingly allow its solid waste to be disposed of at an unlicensed facility.
H.
Parking/dumping. Commercial composting facilities must provide stacking room for a minimum of five vehicles capable of dumping large quantities (greater than one ton) of compostables at any particular time. Additionally, vehicular parking shall be required per Chapter 170, Zoning, as stated in Article 26 Off-Street Parking and Loading, § 170-26.2.
I.
Security. Security of the composting site shall be provided
to a degree to prevent illegal dumping and shall include, at a minimum, a
six-foot tall chain link fence placed along each property line with gated/secured
entrances, except at those locations where a masonry wall is required.
J.
Signage. Signage shall be consistent with standards provided in Chapter 145, Signs, as applied to uses within the I-1 Industrial Zoning District. In addition:[2]
(1)
Each entrance shall have a permanent sign, not to exceed
12 square feet in area, displaying hours of operation and materials accepted.
(2)
Signs, not exceeding one square foot in area, prohibiting
illegal dumping shall be installed at 75 foot intervals along property lines
abutting a public right-of-way.
K.
Compliance with all laws. Notes assuring the composting
facility operation shall be conducted in accordance with current standards
established by the United States Environmental Protection Agency, the United
States Department of Agriculture, the Michigan Department of Natural Resources,
County of Wayne, and other government regulatory agencies shall be included
within the proposed site plan.
Operation standards are to ensure the orderly and efficient use of land
for composting off-site yard wastes. Orderly and efficient use of the land
encompasses the mitigation of adverse impacts on the community as a whole,
surrounding land uses, the physical or natural resources common to this site
as well as surrounding lands, the environment, and to ensure minimal expenditure
of public dollars. These standards shall be used as a tool or guide by the
Township Board of Trustees and its designated agents in objectively assessing
continued compliance with Township standards.
A.
An as-built site plan shall be submitted by the developer to the Township upon completion of all required improvements, as described in § 149-23. The as-built site plan shall be certified by a licensed professional engineer and clearly illustrate consistency with the approved site plan and compliance with all requirements of this and other pertinent ordinances of the Township. A determination of consistency and compliance shall be made by the Township. A determination of compliance must be made prior to the release of any portion of the performance guarantee, submitted by the developer as required by § 149-23 of this article, and issuance of a certificate of occupancy, as may be required by Chapter 170, Zoning.
B.
Drainage/grading. The site shall be graded in such a fashion as to eliminate all ponding and have a uniform gradient of 2% to 3% (2.5% being optimal, 2% minimum). Artificial drainage, surface and subsurface, shall be provided in accordance with Chapter 72, Design and Construction Standards. All surface and subsurface drainage shall be illustrated on the site plan. The site plan shall include both existing and proposed grades and elevations. These elevations shall be taken at intervals necessary to insure proper slopes, grading, and surface drainage will be provided, but in no instance shall contour intervals exceed two feet.
(1)
All stormwater runoff from the surface, as well as that
collected through subsurface drainage systems, shall be retained on site and
designed to be used for watering composting windrows. Stormwater shall be
retained in a retention pond basin and shall not be released into the local
drainage system. This retention pond or basin shall be clearly illustrated
on the site plan as an element of the stormwater management system designed
for the site.
(2)
The stormwater management system shall be designated
to prevent runoff from entering the staging, initial processing, curing and
final product storage areas. Ponding of water in these areas, along access
roads, or within that area containing active composting windrows shall be
discouraged. Access to these areas by operational equipment and emergency
vehicles shall be maintained at all times.
C.
Protection of soil and groundwater. Prior to any permits
being issued, soil and groundwater from the site must be sampled and analyzed
by an independent laboratory with results forwarded to the Wayne County Health
Department. Samples shall be taken at several locations within the proposed
site and at two levels, one shallow and the second, deeper and immediately
above the first encountered aquifer. These samples shall be tested to establish
a base level for chemical contaminants which may be present in the soil and
groundwater. A second test shall be performed on soil taken from shallow depths
in that area which is proposed to be used for compost windrows. This second
test shall be used to establish a base level for biological oxygen demand
(BOD).
(1)
If a site is found to contain chemical contaminants at
an unacceptable level, a permit will not be issued until the source of the
contamination is discovered and the MDNR has made a determination that the
site can be used for the proposed composting operation.
(2)
Once in operation, composting facilities shall have their
soil and groundwater tested and analyzed, for chemical contaminants and BOD
as stated above, by an independent laboratory, with results forwarded to the
Wayne County Health Department, prior to a change in ownership, and annually,
if the composting operational area and facilities are larger than 10 acres
in size.
(3)
If soil or groundwater is found to have levels of chemical
contaminants as a level higher than that found in the base sample, and if
BOD levels tested below existing windrows are found to be elevated, the facility
will be required to refuse acceptance of additional yard wastes. In placing
this restriction on the facility, the Township shall also restrict the removal
of finished product from the site until the finished compost is found not
to be contaminated above acceptable levels. Testing of the finished product
shall be conducted by an independent laboratory with the analyzed results
forwarded to the Wayne County Health Department.
(4)
Once a decision has been made that the level of chemical contaminants is higher than that found in base samples of soil, groundwater, and BOD levels are found to be at an unacceptable level, the Township shall revoke the special use permit. In addition, the annual operational permit, as required in § 149-23 shall not be renewed. The special use permit and annual operational permit shall be reissued once a finding has been made by the MDNR that the site can once again be actively occupied for the use.
D.
Inspection. The composting facility shall be open to
inspection by the Township CBO, and Wayne County Health Department officials
at all times. The Township may require, an annual summer inspection for rodents,
or upon receipt of a signed complaint of the sightings of rodents, to be conducted
by a licensed pest control company. Copies of the resulting report shall be
transmitted directly to the Township by the pest control company. If rodents
are detected, appropriate measures shall be taken to capture or exterminate
the rodents in an environmentally safe manner. Any cost related to the inspection
and/or extermination shall be borne by the facility operator(s).
The following data regarding operation of the compost facility shall
be maintained and available at all times for review by the local Fire Chief,
Wayne County Health Department officials, and the Township CBO.
A.
The name and address of the company and individual making
a delivery as well as the source of the material (i.e. residential, commercial,
agricultural), and the municipality of origination for the waste generated.
B.
Type and quantity of compostable material received from
each delivery accepted at the facility.
C.
Quantity, type and disposition of contaminants received
each month.
D.
Number of vehicles entering the site each day.
E.
List of end-product users.
F.
A windrow log shall be kept recording the location of
each windrow, the date or dates that the windrow was established, daily temperature
and moisture content readings taken at several locations in the windrow, and
comments on the presence of odors.
G.
The approximate amount of compost and the date compost
is transferred from one stage of the procedure to another, i.e., windrows
to screening, screening to curing piles, and final product produced and subsequently
shipped.
H.
Log of complaints received (if any) and response or action.
A.
Application.
(1)
Applications for special approval use permits shall consist
of:
(c)
Letters of consistency and approval from the Wayne County
Health Department, and the Michigan Department of Natural Resources, Water
Quality and Waste Management Division. In addition to letters of consistency,
the applicant shall submit a letter of acknowledgment from the Wayne County
Department of Public Services which indicates that they are fully aware of
the proposed project, the potential impact of the proposed project on the
County road system that an understanding has been reached between the developer
and the county concerning mitigation of potential impacts, and that the county
has no objections to the project as proposed.
(d)
The required application fee.
(e)
Any other material as may be required by the Township
necessary for making an informed and objective determination on the ability
of the proposed operation/facility to comply with the intent and standards
of the ordinance.
(2)
Approval of the special use permit shall not be granted
without receipt of these letters of consistency, approvals and compliance
with this article.
B.
Site Management Plan. Applicants shall submit a Site
Management Plan as a component of their application for a special use permit.
The Site Management Plan shall contain, at a minimum the following information:
(1)
Name, address, and telephone number of the owner or owners
of the land of the subject site.
(2)
Name, address and telephone number of person, firm or
corporation who, or which, will be managing the actual composting operation.
(3)
An outline of the management structure complete with
names, titles, addresses, and telephone numbers.
(4)
Location, size and legal description of the total land
area proposed for such use.
(5)
The projected capacity of the facility, including shredded
leaves, grass, and brush. Targeted quantities to be processed, incoming and
outgoing.
(7)
How this material will be brought to the site.
(8)
Types of materials to be composted and what form it will
be accepted in. Procedures for monitoring incoming and outgoing material,
controlling the disposal or refusal of unacceptable materials.
(9)
Method of composting to be used. (Sheet composting is
prohibited.)
(10)
Types and number of equipment used (i.e., shredders,
front-end loaders, windrow turning machine, screening and shakers, etc.).
(11)
The location, type, size and proposed contents of all
fuel storage facilities, and detail on primary and secondary containment systems
for all hazardous materials stored on site.
(12)
Personnel: number to be employed and duties of each.
(13)
An outline of the operational cycle and timetable beginning
with acceptance of material on-site to the disposal of the final product.
This outline shall include plans for the preprocessing or staging of material
(i.e., chipping, mixing materials windrow formation material layering, watering),
the compost activity (i.e., windrow turning, monitoring moisture content and
temperature, windrow combining, curing and finishing, including screening),
and the distribution of the final product.
(14)
Operational details shall be stated, including the hours
of operation and days of the week that the facility will be open throughout
the year.
(15)
List of the chemicals or accelerating agents to be used,
including bacteria, fungi, or nitrogen. Include established guidelines for
use and storage of these agents.
(16)
A statement on the methods to be used to monitor and
ensure protection of the environment (odor, dust, noise, blowing trash, anaerobic
problems, methane production). This shall include an outline of the necessary
steps which will be taken to reverse a breakdown in the composting system
or pollution problem.
(17)
Plans for the disposition of nonmarketable compost.
(18)
Include a plan for the disposition of the final products.
This plan shall encompass targeted users, projected quantities to be produced
and distributed, and the manner of distribution and sales (i.e., retail, individual
bags, truckloads, wholesale). The applicant shall present to the Township
a copy of their registration issued by the Michigan Department of Agriculture
as evidence of compliance with P.A. 634 of 1976, the Commercial Fertilizer
Regulation Act.
(19)
Evidence on the previous use, or nonuse, of this site
for waste disposal.
(20)
Statements indicating that the applicant is aware of,
has read, and understands as it applies to the proposed composting operation,
laws of the State of Michigan, including MCL 324.3103 et seq., 324.5501 et
seq., 324.3601 et seq. and 324.8501 et seq. This plan shall also include a
copy of the applicants soil erosion and sedimentation control permit, as evidence
of compliance with MCL 325.9104 et seq.[1]
(21)
A contingency operations plan which addresses action
to be taken in the event of a natural disaster, equipment failure, extended
adverse weather, storms, unauthorized receipt or dumping of hazardous material,
or a breakdown in the composting process resulting in odor, dust, or off-site
surface of groundwater contamination. These plans shall address reserve or
alternate equipment, alternative handling methods, agencies to be contacted
or alerted, and alternative operational plans.
C.
Review fee. A fee shall be established by the Township
for the review of a special use application. The fee may be sufficient to
cover all costs incurred by the Township in completing its review of the application.
The fee shall be established and periodically reviewed by the Township legislative
body.
D.
Annual operational permit. All composting facilities and operations regulated by this article shall be subject to an annual operational permit issued by the Township. Any violation of Chapter 170, Zoning, or any other appropriate state, county or local regulation, or noncompliance with the conditions of the special approval use permit shall be grounds for the denial of an operational permit or its renewal. Renewal of an annual operational permit shall not be given without receipt of a letter of compliance from the Michigan Department of Natural Resources Waste Management Division, and from the Wayne County Health Department, as may be required, and compliance with and receipt of a performance guarantee as required in § 149-24 of this article.
A.
The Township shall require a cash deposit, certified
check, irrevocable bank letter of credit, or surety bond acceptable to the
Township covering the estimated cost of improvements associated with the project
as a guarantee for their completion. These improvements shall mean those features
and actions associated with the project which are considered necessary, by
the body or official granting zoning approval, to protect natural resources,
or the health, safety, and welfare of the residents of the Township and future
users or inhabitants of the proposed project, or project area. Improvements
shall include roadways, grading on and off-site, utilities, fencing, berming,
screening, drainage, and source of water. Improvements do not include the
entire project which is the subject of zoning approval. This performance guarantee
shall be returned to the developer upon completion of these improvements and
receipt of an as-built site plan, as required by the chapter.
B.
The Township shall also require and establish the amount
of a performance guarantee, such as an irrevocable bank letter of credit,
or surety bond acceptable to the Township to assure zoning and special use
compliance, to correct breakdowns in the composting system, and to guarantee
restoration in the event of abandonment, the presence or contamination of
the site by hazardous wastes, or other environmental pollution. A minimum
amount of $100,000 shall be established and held as a performance guarantee.
This performance guarantee shall be renewed each year in conjunction with
the renewal of the operational permit.
The proposed facility and operation shall be consistent with solid waste
planning efforts of the State of Michigan and County of Wayne. This consistency
shall be evidenced by a letter of consistency issued to the applicant by the
Michigan Department of Natural Resources, Waste Management Division, and from
the Wayne County Commission. Approval of the special use permit and the initial
operational permit shall not be granted without receipt of these letters of
review/approval and compliance with of this article.
The proposed facility must be available for use by all residents of
Northville Township during regular operating hours. The facility shall be
open to county residents each Saturday of the month for a minimum of six hours
from April 1 through December 1. The operator may charge county residents
a fee for tipping and purchase of finished product consistent with fees paid
by out of county users.
A Level One Environmental Assessment of the site shall be conducted
prior to the site plan review. There are several phases to a site environmental
assessment. The first phase is called a "Level One Environmental Site Assessment."
During this phase, a team of engineers/scientists walk the site in a system
grid pattern to visually inspect for signs of adverse environmental activity.
This includes a search for stressed vegetation, strained geologic structures,
obvious placement of fill/debris, or the excavation of earth. Aerial photographs
are reviewed from a historical perspective over the last few decades. Property
ownership records and permit activities from the regulation agencies are researched
and reviewed. Also, selected neighboring landowners are interviewed for their
knowledge of any activity on the site. Based upon the site inspection and
data review, a chronological description of activity on the site can be established.
Notwithstanding any language in this chapter to the contrary, any person
who shall violate the provisions of this chapter shall be responsible for
a municipal civil 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 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.
