§ 26-38. Restrictions governing permit holder.

Every person to whom any permit is granted under this article shall comply with the following:

(1)

Established truck route. All vehicles transporting soil from or to a project over public streets in the township shall follow the established truck route or shall travel only over such route as may be directed by the township board to be least dangerous to public safety, cause the least interference with general traffic and cause the least damage to the public streets.

(2)

Safeguards. Adequate safeguards shall be provided during the project to prevent soil and/or dust from being deposited on adjoining lands and public or private streets from water erosion or blowing soil and/or dust.

(3)

Restored elevation; compatible with area. The restored elevation of the land shall be compatible with the surrounding area, and the land shall be left in a condition suitable for subsequent development for uses permitted in the zoning district in which the land is zoned as set forth in appendix A of this Code, unless the planning commission, in its sole discretion, at the time it grants the permit under this article, shall determine by resolution that it is unnecessary to require such restoration of elevation and suitability for subsequent development to achieve the purposes of this chapter.

(4)

Fencing. If, at the time it grants the permit under this article, the planning commission shall determine by resolution that any project will present a dangerous condition if left open and unfenced, then such project shall be enclosed by chainlink, wire mesh or snow fence completely surrounding the portion of the land where the project extends, such fence to be not less than five feet in height and to be complete with gates which are to be kept locked when operations are not being carried on. Barbed wire shall not be used as part of any such fence.

(5)

Removal of soil in streets. Any soil that may be deposited on any public street or public place from any vehicle transporting materials from the project site shall be immediately removed without damage to the public street or public place at the expense of the permit holder.

(6)

Ingress and egress roads; dust-free. Any roads used for the purpose of ingress and egress to the project site which are located within 300 feet of an occupied residence or commercial or industrial establishment shall be kept dust-free by hard topping with concrete, bituminous substance, chemical treatment or such other means as may be proposed by the applicant and approved by the planning commission by resolution at the time it grants a permit under this article.

(7)

Soil processing operation; restrictions. No part of a soil processing operation (screening, washing, crushing, etc.) shall take place closer than 200 feet to the nearest adjacent residence or closer than 100 feet to any street or adjacent property line.

(8)

Completion; slopes of banks. At the completion of the project, the slopes of the banks of the project excavation shall not exceed one foot of rise to three feet of run (one foot vertical to three feet horizontal) unless the planning commission, at the time it grants the permit under this article, shall determine by resolution that it is unnecessary to maintain such slope for the safety of the public or adjoining landowners, and that it is unnecessary to maintain such slope for the support or protection of adjoining lands.

(9)

Creation of pond; maintenance. Where project operations result in the creation of a pond, as defined in appendix A of this Code, at the completion of the project, authorization for the maintenance of such pond shall be obtained pursuant to appendix A of this Code and, in addition, such pond shall at all times be maintained in accordance with the requirements of appendix A of this Code.

(10)

Location restrictions. No cut or excavation shall be made closer than 50 feet to a street or closer than 40 feet to any adjacent property line; provided, however, that the planning commission may, by resolution at the time it grants a permit under this article, prescribe stricter requirements in order to give sublateral support to surrounding property.

(11)

Stagnant water prohibited. During the period in which the project is being carried on or operated, no body of water which may exist in conjunction with such operations shall be allowed to become stagnant. All bodies of water which may exist in conjunction with such operations shall be sprayed or otherwise treated as necessary to keep them from becoming breeding places for mosquitoes or otherwise creating an unhealthy condition.

(12)

Landscaping; stabilizing. The land utilized for each phase of the project shall be so landscaped or stabilized upon completion of each phase so that all soil erosion by wind and water shall be eliminated.

(13)

Menace to public health prohibited. No soil shall be mined, excavated or removed in such a manner as to cause water to collect or to result in a place of danger or a menace to the public health. The land shall at all times be graded so as to not interfere with surface water drainage.

(14)

Stripping operation; requirements. If the permit being granted is for a stripping operation, sufficient topsoil shall be stockpiled at the project so that the entire site, when stripping operations are completed, can be restored with a minimum of four inches of topsoil. The replacement of topsoil shall be made immediately following the termination of the stripping operations; provided, however, that if such stripping operations continue over a period of time greater than 30 days, the operator shall replace the stored topsoil over the stripped area as the work progresses. The requirements of this subsection shall be complied with unless the planning commission, at the same time it grants the permit under this article, shall determine by resolution that it is unnecessary for the applicant to undertake the measures required by this subsection to prevent the creation of nuisances or hazardous conditions or to preserve natural resources.

(15)

Additional performance standards. The planning commission may require additional performance standards or stricter performance standards than are provided in this section where, because of peculiar conditions, such standards are necessary to achieve the purposes of this chapter. In addition, the planning commission may also attach and impose conditions, restrictions or requirements as it shall determine are necessary to achieve the purposes of this chapter. Violation of any performance standard, condition, restriction or requirement imposed by the planning commission shall be deemed a violation of this chapter.

(Comp. Ords. 1987, § 35.107; Code 1991, § 11-23; Ord. No. 258, § 2, 9-3-1992)