Section 21.01 Statement of Purpose

The Gravel and Sand Overlay Districts are intended for those lands that have significant gravel and/or sand deposits and which will be mined and reclaimed under the provisions of this Article in a manner that protects the public health, safety and welfare, and in accordance with a reclamation plan consistent with the underlying, principal zoning classification and the Township's adopted Master Plan for the particular geographic area. It is the intent of this district that all gravel and sand mining operations reclaim the mining sites in a fashion that preserves the value of the property and facilitates reuse of the land consistent with the Township's adopted Master Plan.

Section 21.02 Principal Permitted Uses

The following uses are permitted in the E district:

A. Excavation and removal of sand, gravel, and/or stone.

B. Storage and stockpiling of the sand, gravel and/or stone being mined.

Section 21.03 Special Land Uses

The following special land uses may be permitted by the Planning Commission and Township Board, subject to a review of the site plan and a public hearing being held to provide for comment from neighboring property owners and occupants.

A. Processing plants in connection with the washing, grading or other similar processing of excavated materials (Section 25.42).

Section 21.04 Development Regulations

All mining operations shall be required to comply with the following requirements, standards, and regulations, if the operator will remove more than 1,000 cubic yards in any year:

A. Permit Application

1. Sufficient copies of the complete application, including plan drawings, shall be submitted to the Township Clerk (14 copies). The Clerk will distribute copies to the township officials and staff. The Township Engineer, Planner and Attorney will review the complete application and provide their recommendations to the Board and Planning Commission. The Planning Commission will then review the site plans for the proposed mining operation and the rehabilitation plans for the mined areas and recommend that the Township Board approve or deny the permit, according to the requirements of this Section. The permit shall be issued in the event the Township Board shall determine that the issuance of the permit would not detrimentally affect the public health, safety and general welfare of the citizens of the Township.

2. An application for a mining permit shall include the following detailed information and plan drawings:

a. Name of the owner, or owners, of land from which removal is to be made.

b. Name and address of applicant making a request for such permit.

c. Name and address of the person, firm, or corporation that will be conducting the actual removal operation.

d. A map including the location, size, and description of the area from which the removal is to be made.

e. Location of the processing plant.

f. Type of materials or resources to be removed.

g. Proposed method of removal, general haul route, and whether blasting or other use of explosives will be required.

h. General description of equipment to be used.

i. The estimated number of years to complete operations.

j. Plan for the development or rehabilitation of the property upon completion of the mining operation.

k. A statement that a performance guarantee satisfactory to the Township Board, will be furnished. Upon submission of a topographical survey by a Registered Civil Engineer or Professional Surveyor showing completion of the reclaimed areas as approved by the site plan, the bond or security shall be released, in accordance with the amount of security per acre.

l. As part of the application, the applicant shall submit a topographic survey of the exiting parcel drawn to scale and prepared by a Registered Civil engineer or Registered Land Surveyor with minimum two (2) foot contour intervals based upon U.S.G.S. datum. The drawing shall also clearly show the area to be mined, areas for stockpiling, processing plant locations, maintenance areas, and similar use areas. The applicant shall also prepare a Plan of Reclamation that depicts the final elevations referenced to U.S.G.S. datum and prepared by a Registered Civil Engineer and or Registered Land Surveyor. The applicant will propose a certain plan of operation and will be expected to comply with such a plan during the full term of the permit. The Plan of Reclamation shall be designed to accommodate one or more of the uses permitted in the underlying, principal zoning classification.

m. The application shall be accompanied by a processing fee, to be paid by the applicant, in an amount to be established from time to time by resolution of the Township Board.

C. Cash Bond Requirement:

1. The Township Board shall require the permittee to furnish a Bond if more than 1000 cubic yards of soils will be removed. The bond shall be either cash, certified check, or irrevocable bank letter of credit and in the amount of the cost of the reclamation and rehabilitation work as set forth in the Plan for Reclamation as submitted by the applicant. The cost of that work shall be estimated by the Township Engineer and approved by the Township Board, provided further that the Township Board is authorized to waive or reduce all or any part of the amount of such bond to the extent that the Township Board determines the same unnecessary to insure the completion of the work set forth in said plan. The Township Engineer's estimate will be based upon a review of that work as provided in the Reclamation Plan and shall be in an amount sufficient to cover the cost of reclamation by another at that point in time when reclamation is scheduled to commence and the estimated expenses incurred to compel the operation by court judgment, if applicable. If the Township Engineer determines that the amount of the current surety is insufficient to reclaim the site, the amount of the bond shall be increased accordingly. The Township Engineer shall also consider inflation and other reclamation cost increases during the annual bond review.

2. If an irrevocable letter of credit is provided, it shall be valid for a one year period and shall contain the expiration date. The bond shall include a cancellation/expiration clause that shall provide that the bank shall notify the Township in writing a minimum of 30 days prior to cancellation and/or expiration of the letter of credit. The Township Clerk and Treasurer shall each be provided one copy of an original letter of credit certificate for the Township’s records. The letter of credit shall include the parcel identification number and legal description of the area covered by the bond.

3. The conditions of said bond shall be that it cover the entire area that will be disturbed by the operator within the current calendar year (January 1 - December 31). The minimum area covered by the bond shall be 20 acres. The bond shall be kept in full force and effect until the area covered by the bond has been reclaimed according to the operator's approved rehabilitation plan. The Permittee shall comply with all provisions of this ordinance and terms and conditions of the permit, and complete all work set forth in the rehabilitation plan.

4. For good cause shown, the Township Board is authorized to grant the Permittee an extension of the time to complete the work shown on the plan of Reclamation upon the Permittee's application therefore prior to the expiration of the date for completion.

5. Upon the Permittee complying with the provisions of this Ordinance, and the terms and conditions of the permit, the Clerk shall issue to the Permittee a Certificate of Completion and the cash, certified check or irrevocable letter of credit shall be returned to the Permittee.

D. Periodic Inspections & Reports

1. A permit shall continue for such length of time as may be required to complete removal of the sand and gravel as long as the operations are carried out in compliance with this Ordinance and the permit. In order to provide the Township with periodic review for compliance with all operations and permit requirements, the mining site shall be inspected at least annually by a committee made up of the Township Supervisor and Planning Director. Any committee member may direct the Township Engineer and/or Township Planner to be present and assist with the site inspection and review. Prior to inspection, the Township shall notify the operator of the date and time of the inspection so that he will have the opportunity to be available.

The operator of each mining site under permit from the Township shall prepare and provide to the inspection committee an aerial photograph or a contour map of the site that includes the following:

a. A scale of 1" = 200' with contour intervals of five (5) feet.

b. Areas to be excavated in future years shall be clearly defined.

c. The aerial photo or contour map shall be prepared by a registered civil engineer or land surveyor and shall show the conditions of the site during the month of November of the current year.

At the time of the annual inspection, the operator shall be prepared to provide ground control stakes for the aerial survey or surveyor's stakes for the contour map, if the committee requests correlation with physical features on the site.

The Planning Director shall prepare a report and if the mining operation is in violation of this Ordinance, the Township Board may have its consulting engineer inspect the site and prepare a written report. Upon finding the operator in violation of the Ordinance or permit, the Township Board shall notify him in writing. The violation shall be remedied within ninety (90) days or the Township Board may revoke the operating permit.

2. In order to defray the expenses incurred by the Township for surveillance of the mining operation and engineering inspections to insure compliance with the approved mining plan and rehabilitation plan, the operator shall establish an annual escrow account for surveillance and inspection of the mining operation. The escrow amount shall be determined on a per acre basis and shall be set by resolution of the Township Board. In determining the per acre amount, the Board may consult with a Registered Civil Engineer or Registered Landscape Architect with expertise in reclamation of mining sites and the costs associated with compliance inspections. Any amount remaining in the escrow account at the termination of the operations shall be returned to the operator.

Section 21.05 Existing Extractive Industrial Operations

The owner or operator of any valid existing extractive industrial operation of the effective date of this Ordinance shall obtain from the Township Board within three (3) months of the effective date, a certificate as a valid nonconforming use. Such certificate shall describe the property upon which such activity is contained. The owner or operator of said valid nonconforming use may enlarge the excavation area within limits of the contiguous lands owned by him at the time of the certification as such valid nonconforming use but same shall not exceed an area greater than such natural or manmade barriers as roads, streams and lakes, which exist on said excavation area, or eighty (80) acres, whichever is smaller, and subject to the grade, area, noise, dust and other public health, safety and welfare provisions of this Ordinance.

The failure to obtain a certificate as a valid nonconforming use within said three (3) month period, or the termination, nonuse, discontinuance or abandonment of a valid nonconforming use for a continuous eight (8) month period, shall constitute an abandonment and such use shall not be revived or resumed thereafter.

A. The following physical requirements shall be mandatory:

1. No more than ten (10) acres, excluding land used for processing, weighing and administration may be under excavation at any one time; however, additional acreage may be excavated if and providing a like amount of exhausted acreage is rehabilitated.

2. Where an excavation in excess of five (5) feet below the average grade of the property surrounding the excavation area will result from such operations, the applicant shall erect a fence with warning signs completely surrounding the portion of the site where the excavation extends, said fence will be of wire mesh or other suitable material and to be not less than five (5) feet in height complete with gates, which gates shall be kept locked when operations are not being carried on.

3. No excavation of sand, gravel, soil or clay shall be permitted below the established grade line of any street, road or other public thoroughfare nearest thereto, except as indicated within an approved site or subdivision development plan and with the approval of the Township Board.

4. No excavation shall be made closer than one hundred (100) feet from the nearest street or highway right-of-way line nor nearer than five hundred (500) feet to the nearest residence nor closer than one hundred (100) feet to the nearest property line; provided however, that the Township Board may prescribe more strict requirements in order to give sub-lateral support to surrounding property where soil or geographic conditions warrant it.

A reduction in the setback from a street right-of-way may be granted by the Township Board only in those instances where it is necessary to reduce the final elevation so that it conforms with the elevation of the street.

5. All equipment and facilities used in the production, processing or transportation of sand, gravel, or stone shall be constructed, maintained, and operated, in such manner as to comply with the Performance Standards of Section 4.47.

6. The applicant shall acquire approval as to haul routes, bonding requirements, weight limits, speed limits, and other matters within the jurisdiction of the agencies responsible for the public roads.

7. The haul route shall be chosen so as to cause the least amount of disturbance to uses outside the Extractive District. All operators shall clearly post and otherwise inform all drivers of the approved haul route for that specific mining operation.

8. Temporary stockpiling of topsoil or overburden near road intersections and similar operational problems shall be subject to approval of the Township Board as not constituting a hazard to road traffic, pedestrians, or adjoining property.

9. Sand and gravel operations shall not leave or bury obsolete equipment on the mining site. Violations of this provision shall be grounds for revocation of the operator's permit.

10. In order to protect the water wells in the surrounding area, de-watering is prohibited unless approved by the Township Board and appropriate State/County agencies based upon review by the Township Engineer to ensure against unreasonable disturbance of water wells.

11. All trucks shall be prohibited from standing and parking on the public right of way otuside the entrance to all mining operation sites.

12. In the preparation of this ordinance, it is recognized that it would be impossible to foresee all of the activities which could potentially result in hazards to the public health, safety and welfare. Therefore, the Township Board shall be authorized to direct that actions of the operator be taken or ceased in order to prevent an immediate and identified harm to the public health, safety and welfare in connection with the gravel mining operation. The operator shall comply with such directive, however, in the event such a directive is given, the operator shall:

a. Be given a written notice identifying the reason for the directive, and specifying the action that is to be taken or ceased.

b. Be entitled to a hearing before the Township Board upon request of the operator. Such hearing shall be conducted at the next regular Township Board meeting, or at a special meeting the Supervisor may call for this purpose.

13. Any roads used for the ingress or egress to said excavation site, which are located within three hundred (300) feet of occupied residences shall be kept dust free by hard-topping with cement, bituminous substance or chemical treatment.

Section 21.06 Rehabilitation

1. All excavations shall be made either to a water-producing depth of at least 8 feet below the low-water mark for at least 80 percent of the water area, or shall be graded or backfilled with approved earthen materials, to insure that the excavated area shall not collect and permit to remain therein, stagnant water.

2. The banks of all sand and gravel operations shall be sloped up from a point one (1) foot above the high water level in a water-producing excavation, and from the pit floor in a dry operation, at a slope no steeper than a ratio of one (1) foot vertical to three (3) feet horizontal and the banks shall be restored with vegetation in a manner set forth hereunder.

3. Where a permanent body of water will result from mining operations, the slopes from a point one (1) foot above the high water level to a point five (5) feet below the low water level shall be no steeper than a ratio of one (1) foot vertical to six (6) feet horizontal.

4. Vegetation shall be restored by the use of sufficient soil and overburden and by appropriate seeding of grasses or planting of shrubs or trees in all parts of the mining area where such area is not to be submerged under water, as provided above.

5. Upon cessation of mining operations by abandonment or otherwise, the operator, within a reasonable period of time not exceeding twelve (12) months thereafter, shall remove all plant structures, buildings, stockpiles, and equipment unless such building or structures can be lawfully used in the district in which they are located.

6. All mined out areas shall, within a reasonable length of time, be reclaimed and rehabilitated consistent with the applicant's approved Plan of Reclamation. General rules for determining the reasonable length of time shall be:

a. The plan of reclamation shall include a schedule for reclamation of each particular area to be mined. This schedule may be adjusted or amended once each year, as part of the annual inspection process, upon demonstration of a reasonable basis by the operator.

b. Reclamation shall begin within one (1) year of substantial completion of the mining activities, and

c. Reclamation shall be complete within two (2) years.

In the event the Township Board confirms that an operator previously mined areas of land without a permit, reclamation plan or bond, such operator shall include in the operator’s reclamation schedule a plan for the reclamation of such areas in segments of not less than 100 acres per year. Said reclamation plan for such previously imined areas shall conform to all current permit and bonding requirements.

Section 21.07 Accessory Uses

A. Signs in accordance with Section 4.28.

Section 21.08 Density, Area, Height, Bulk and Placement Requirements

In accordance with the attached Schedule of Regulations, Article 6.