CHAPTER 152:   SAND MINING

§ 152.01	TITLE; PURPOSE.
	This chapter shall be known as and may be cited as the "Sand Mining Ordinance."
	Because sand mining sites and operations can be detrimental to persons and
	property due to dirt, dust and noise emitted as a result of sand mining
	operations, and because sand mining operations can create steep hillsides,
	shifting earth, standing water and other potentially hazardous conditions, and
	because sand mining operations can result in permanent changes to the
	topographical and geological characteristics of the site being mined, the city
	has determined to establish operational, maintenance, performance, reclamation
	and reuse standards and regulations for sand mining sites and sand mining
	operations and to require that all operators of sand mining sites obtain a
	permit for such sand mining operations, in order to protect the public health,
	safety and welfare of the citizens of the city.
(Ord. 140, passed 12-19-94)

§ 152.02	DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless
	the context clearly indicates or requires a different meaning.

	BARRIER DUNE.	The  first landward sand dune formation along the shoreline of
			a Great Lake or a sand dune formation designated by the
			Michigan Department of Natural Resources.

	BUILDING INSPECTOR.	The City Building Inspector.

	CELL.	A subunit of a sand mining site as determined in size and location by a
		permittee, but which subunit shall not exceed 10 acres in size except
		in those instances authorized by the Michigan Department of Natural
		Resources.

	COMMERCIAL USE.	Includes INDUSTRIAL USE and means any use where the sand is
			mined for resale at a profit to the permittee, and does not
			include excavation of sand in conjunction with installation or
			maintenance of public or private utilities, streets, or other
			public utilities in accordance with a permit issued by the city,
			and does not include excavation of sand which is of limited
			scope and duration and which is undertaken primarily for the
			immediate use and development of land in accordance with a
			building permit issued by the city.

	CRITICAL DUNES.	A geographic area designated by the Michigan Department of
			Natural Resources in its atlas of critical dunes areas, as
			amended from time to time.

	dB(A)	The sound pressure level in decibels measured on the "A" scale of a
		standard sound level meter having characteristics defined by the American
		National Standard Institute.

	DECIBEL.	A unit used to express the magnitude of sound pressure and sound
		intensity, where the sound pressure level of a given sound is defined to
		be 20 times the common logarithm of the ratio of the sound pressure to a
		reference pressure of 2 x 10-5N/m2 (Newtons per meter squared).

	IMPORTING SAND.	Bringing to a sand mining site which is regulated by this
			chapter any sand which originates from another location.

	PERMIT.	A sand mining permit issued in accordance with this chapter.

	PERMITTEE.	Any person, or persons, or firm who has received a permit in
			accordance with this chapter.

	PLANNING COMMISSION.	The City Planning Commission.

	RESTORATION.	Reestablishing surface contours and slopes and reestablishing
			protective vegetative ground cover for the purpose of
			stabilizing the ground surface and prevention of erosion of the
			ground surface.

	REUSE.	Another use of a sand mining site which would occur after completion of
		restoration of a sand mining site, and which would be in compliance with
		the city's future land use plan.

	SAND.	A granular soil material having a grain size range of .0625 mm to 2.0000
		mm.

	SAND LOADING.	Moving mined sand, processed or unprocessed, onto a truck,
			railroad car, boat or barge, or any other means for eventual
			transportation of sand off of the sand mining site.

	SAND LOADING EQUIPMENT.	Any equipment, structures, or improvements, above
				ground or below ground, or in, over, or under water,
				used to load unprocessed or processed sand onto a
				truck, railroad car, boat or barge, or any other
				means of transporting sand off of the sand mining site.

	SAND MINING.	The removal of sand by excavation, stripping, pumping, or other
			method from any naturally occurring land formation for
			commercial use.

	SAND MINING EQUIPMENT.	Any equipment, structures, or improvements above
				ground or below ground used to remove sand from any
				naturally occurring land formation.

	SAND MINING SITE.	Any lot or lots of record in the city on any portion of
			which sand is mined, moved, processed, or loaded for
			commercial use.

	SAND MOVING.	Changing the location of mined sand within a sand mining site
			for purposes of processing mined sand for eventual loading and
			transportation.

	SAND MOVING EQUIPMENT.	Any equipment, structures, or improvements, above
				ground or below ground, used to move mined sand from
				a mining site to sand processing equipment,
				including conveyors, pipelines, trucks, railroad
				cars, or any other means of moving mined but
				unprocessed sand within a mining site.

	SAND PROCESSING.	Washing, grading, separating, mixing, sorting,
				grinding and any similar activity performed upon mined
				sand for eventual loading and transportation.

	SAND PROCESSING EQUIPMENT.	Any equipment, structures or improvements,
					above ground or below ground, used for
					washing, grading, separating, mixing, sorting,
					or grinding mined sand preparatory to
					transporting the processed sand off of the
					mining site.

	SAND TRANSPORTATION.	Moving mined sand, processed or unprocessed, to or
				from a sand mining site.

	SAND TRANSPORTATION EQUIPMENT.	Any equipment, vehicles, rolling stock,
					vessels, structures, or improvements,
					above ground or below ground, or in,
					on, under, or over water, used to remove
					or to import mined sand from a sand mining
					site.

	STAGNANT WATER.	Any standing, unflowing surface water which has become foul
			from lack of movement.

	SUBSURFACE SAND MINING.	Any sand mining conducted below the prevailing ground
				water level of the sand mining site.

	SURFACE LAND MINING.	An sand mining conducted above the prevailing ground
				water level of the sand mining site.

	TERMINATION OF SAND MINING.	Any of the following:

		(1)	the actual cessation of substantial sand mining activities for a
			continuous period of 12 months;

		(2)	the actual cessation of substantial sand mining activities with
			the intention of abandoning such activities; or

		(3)	the actual cessation of substantial sand mining activities for a
			period of six months with the revocation of the Michigan
			Department of Natural Resources sand mining permit for the sand
			mining activities.

	UTILITIES.	Potable water mains and appurtenances, sanitary sewer mains and
		appurtenances, and storm water drains and sewers and
		appurtenances.
(Ord. 140, passed 12-19-94)

PERMITS

§ 152.15	PERMITS REQUIRED; EFFECT OF PROVISIONS ON EXISTING OPERATIONS.
	(A)	After the effective date of this chapter, no person, firm or
		corporation shall conduct any sand mining, moving, processing, loading
		or transportation operations on a sand mining site within the city
		except in accordance with a permit issued pursuant to this chapter.

	(B)	For all operations on a sand mining site existing as of the effective
		date of this chapter which have been issued a permit in accordance with
		Ordinance 96, passed 1-8-86, as amended by Ord. 131, passed 5-3-93, such
		permitted sand mining operations may continue until the expiration date
		of the issued permit. No person, firm or corporation continuing sand
		mining operations under a previously issued permit shall continue sand
		mining operations after the expiration date of the issued permit except
		in accordance with a permit issued pursuant to this chapter.
(Ord. 140, passed 12-19-94)  Penalty, see § 152.99

§ 152.16	APPLICATION REQUIREMENTS; FEES.
	Any person or firm desiring to conduct sand mining, moving, processing, loading,
	or transporting operations on any lot or lots of record within the city shall
	submit the following items to the Building Inspector not less than 90 days prior
	to the proposed date of commencement of operations:

	(A)	Sand mining permit application form.  The applicant shall submit a
		completed sand mining permit application form provided by the Building
		Inspector, including:

		(1)	The name, address, and telephone number of the
			applicant/operator;

		(2)	The name, address, and telephone number of the applicant's
			contact person;

		(3)	The name, address, and telephone number of the owner if different
			than the applicant;

		(4)	A legal description of the lot or lots for which a sand mining permit is
			sought;

		(5)	The tax parcel code numbers for (4) above;

		(6)	The signature of the applicant certifying that the information
			submitted on and with the permit application is true and correct
			to the best of his or her knowledge;

		(7)	The signature of the applicant certifying that the applicant has
			complied with any limitation upon the importing of sand that is set
			forth in this chapter, and will comply with any limitation upon the
			importing of sand that is set forth in this chapter;

		(8)	If the owner is different than the applicant, the signature of the
			owner certifying that the applicant is authorized to submit the permit
			application.

	(B)	Sand mining operations plan narrative.  The applicant shall submit a sand
		mining operations plan narrative, including:

		(1)	A description of the type of sand to be mined;

		(2)	A description of the method of mining sand from the site;

		(3)	A description of the method of moving sand mined from the site for
			processing;

		(4)	A description of the method of processing sand mined from the site;

		(5)	A description of the method of loading sand mined from the site for
			transporting;

		(6)	A description of the method of transporting sand mined from the site
			to its destinations;

		(7)	A description of any other equipment, structures, or land improvements
			at the mining site;

		(8)	The estimated quantities of sand to be mined from the site, from the
			current year to completion of mining:

			Year	Cell No./Surface	Cell No./Subsurf.	Cell Total


		Total	Surface Sand		Subsurface Sand	Total Sand

		(9)	The proposed sequence in which cells will be mined, from the
			current year to completion of mining:

			Year	Cells to be Mined

		(10)	The estimated dates for completion of the restoration of cells:

				Year	Cells Restored

		(11)	The estimated dates for the reuse of restored cells:

				Year	Cells Reused

		(12)	The measures to be taken to control noise;

		(13)	The measures to be taken to control wind-blown sand;

		(14)	The measures to be taken to control access to the site;

		(15)	The measures to be taken to control glare;

		(16)	The measures to be taken to prevent trespassing;

		(17)	The measures to be taken to prevent waste accumulation;

		(18)	The measures to be taken to prevent erosion;

		(19)	The measures to be taken to prevent stagnant water;

		(20)	The measures to be taken to preserve existing vegetation;

		(21)	The measures to be taken to protect barrier dunes and critical
				dunes;

		(22)	A description of the hours of operations: mining, moving,
			processing, loading, and transporting;

		(23)	If mined sand will be shipped off-site by truck, a description of
			the type of trucks used, the weight of loaded trucks, the number of
			trucks leaving the site per day, and the route through the city to be
			used by trucks leaving the site;

		(24)	A description of any other significant aspect of proposed sand
			mining operations;

		(25)	A description of the impact of the proposed sand mining operations
			upon existing sand mining operations in the city.

	(C)	Hydrogeological report.  The applicant shall submit a current
		hydrogeological report prepared by a qualified engineer, explaining the
		impact of the proposed sand mining operations upon the groundwater under the
		sand mining site and under adjacent property within ½ mile of the sand
		mining site.

	(D)	Sand mining site plan.  The applicant shall submit a sand mining site plan
		(drawing) including the lot or lots on any portion of which sand mining, and
		moving, sand processing, sand loading, and sand transportation is to occur,
		and including adjacent property within 200 feet of the lot boundaries, which
		has been prepared by a registered engineer or land surveyor, is dated,
		sealed, and signed, and is on a scale of 1 inch = 100 feet, and which
		includes the following:


		(1)	A North point, scale, date, and revision block;

		(2)	Adjacent public streets which provide access to the site;

		(3)	The location of all existing structures and land improvements;

		(4)	Delineation of the 100-year flood plain boundaries;

		(5)	Existing elevations at 5-foot contours;

		(6)	Existing driveways and on-site service roads;

		(7)	Bench mark references;

		(8)	The location of any recorded easements or rights-of-way;

		(9)	The location of any fences, gates, signs, and parking areas;

		(10)	The location of any fixed sand mining equipment or structures;

		(11)	The location of any fixed sand moving equipment or structures;

		(12)	The location of any fixed sand processing equipment or structures;

		(13)	The location of any fixed sand loading equipment or structures;

		(14)	The location of any fixed sand transportation equipment or
			structures;

		(15)	The boundaries of the lot or lots for which a permit is sought;

		(16)	The boundaries of adjacent properties within 200 feet of the lot
			boundaries;

		(17)	The boundaries of the area proposed to be mined, with mining cells
			numbered and cell boundaries indicated and cell acreage indicated;
			and completed, interim, active and future cells;

		(18)	Setback lines as required by this chapter;

		(19)	The location of any exterior lighting fixtures;

		(20)	The location of any barrier dunes or critical dunes areas as
			designated by the state;

		(21)	The boundaries of any man-made lakes, and an indication of the
			existing acreage of surface area.

	(E)	Sand mining site restoration plan. The applicant shall submit a restoration
		plan (drawing) including the lot or lots on any portion of which sand
		mining, sand moving, sand processing, sand loading, and sand transportation
		has been conducted, is being conducted, or will be conducted, and including
		adjacent property within 200 feet of the lot boundaries, which has been
		prepared by a registered engineer or land surveyor, is dated, sealed and
		signed, and is on a scale of 1 inch = 100 feet, and which includes the
		following:

		(1)	A North point, scale, date, and revision block;

		(2)	Adjacent public streets which provide access to the site;

		(3)	The locations of post-mining structures and land improvements, if
			any;

		(4)	Delineation of the 100-year flood plain boundaries;

		(5)	Post-mining elevations at 5-foot contours;

		(6)	Post-mining driveways and on-site service roads;

		(7)	Bench mark references;

		(8)	The location of any recorded easements or rights-of-way;

		(9)	The location of any post-mining fences, gates, signs, and parking
			areas;

		(10)	The boundaries of the lot or lots for which a permit is sought;

		(11)	The boundaries of adjacent properties within 200 feet of the lot
			boundaries;

		(12)	The boundaries of the land area that has been restored, and an
			indication of the acreage;

		(13)	The boundaries of the land area in the process of being restored,
			and an indication of the acreage;

		(14)	The boundaries of the land area being mined, and an indication of
			the acreage;

		(15)	The boundaries of the land area to be mined, and an indication of
			the acreage;

		(16)	Setback lines as required by this chapter;

		(17)	The location of any barrier dunes or critical dunes areas as
			designated by the state;

		(18)	The boundaries of any man-made lakes, and an indication of the
			acreage of surface area;

		(19)	A complete narrative description of:

			(a)	The materials and methods proposed to restore the
				topsoil, and the amount and type of plants or landscaping
				proposed to restore the finished elevations;

			(b)	The schedule of restoration activities from the permit
				application year to completion, including the starting and
				completion of final grading, topsoil replacement, and
				planting or landscaping, by cell;

			(c)	An estimate of the current costs to complete the
				restoration of each cell, and a total for all cells;

			(d)	The schedule for removal from the site of all sand mining,
				moving, processing, loading and transporting equipment,
				and any other items;

			(e)	An estimate of the current costs to complete the removal
				of the items in (d) above.

	(F)	Sand mining site reuse plan.  The applicant shall submit a reuse
		plan (drawing) including the lot or lots on any portion of which
		sand mining, sand moving, sand processing, sand loading, and sand
		transportation has been conducted or will be conducted, and
		including adjacent property within 200 feet of the lot boundaries.
		A reuse plan submitted in accordance with this chapter shall not
		be binding upon either the applicant or the city. The submission
		and review of a reuse plan shall not constitute either an
		application for approval by the applicant or an approval by the
		city of a land use plan. The reuse plan shall be prepared by a
		professional community planner, be dated, sealed, and signed, and
		have a scale of 1 inch = 100 feet, and shall include the
		following:

		(1)	A North point, scale, date, and revision block;

		(2)	Adjacent public streets which provide access to the site;

		(3)	The location of existing structures which would remain on site,
			if any, and the location of existing structures which will be
			removed from the site;

		(4)	Delineation of the 100-year flood plain boundaries;

		(5)	Final elevations at 5-foot contours;

		(6)	Bench mark references;

		(7)	The location of any recorded easements or rights-of-way;

		(8)	The boundaries of the lot or lots for which a permit is sought;

		(9)	The boundaries of adjacent properties within 200 feet of the
			lot boundaries;

		(10)	The location of any barrier dunes or critical dunes areas as
			designated by the state;

		(11)	The boundaries of any bodies of water, natural or manmade;

		(12)	An indication of existing adjacent land uses;

		(13)	The location of proposed buildings, structures, or other
			improvements, and an indication of required setbacks;

		(14)	The location of proposed streets, drives, and parking areas;


		(15)	The location of proposed trees, shrubs, and other landscaping;

		(16)	The location of existing and proposed water mains, sanitary
			sewer mains, and storm water drainage facilities, and
			appurtenances;

		(17)	The location of existing and proposed electric lines,
			natural gas mains, and telephone and cable television lines;

		(18)	A complete narrative description of:

			(a)	Proposed land use or uses, which is or are compatible
				with the city's adopted future land use plan;

			(b)	An estimate of the water and sanitary sewer use factors
				for the proposed land uses;

			(c)	The calculation of the amount of storm water runoff from
				the site in its proposed use;

			(d)	An estimate of the current costs to extend water mains,
				sanitary sewer mains, and storm water drainage facilities,
				with appurtenances, to the site in sufficient capacities
				to serve the proposed use;

			(e)	The proposed schedule for implementing the proposed
				use described in (a) above.

	(G)	Fees.	The applicant shall submit a permit application and review
				fee, to be remitted to the city in such amounts and at
				such times as follows:

		(1)	$1,500 to be remitted simultaneously with the submission of
			the other submittals required by this section;

		(2)	The city's actual costs for review of a permit application,
			including the fees of a planning  consultant retained
			specifically to review an application, the costs of city
			employees to review an application, and the city's costs for
			giving notice of the public hearing on the application, as
			follows:

			(a)	Any amount not covered by the $1,500 deposit shall be
				remitted by the applicant to the city not later than 30
				days following receipt of the city's invoice.

			(b)	In the event that the actual costs of the city are less
				than the amount of the deposit, the surplus shall be
				remitted by the city to the applicant not later than 30
				days following the city's determination of the actual
				costs.

	(H)	Number of copies; form; date of submission.  An applicant for a
		sand mining permit shall submit 12 copies of all materials to the
		Building Inspector at least 90 days prior to the proposed date of
		commencement of operations, or at least 90 days prior to the
		expiration of any previously issued sand mining permit. For any
		required submittal with a 1 inch = 100 feet scale, an applicant
		shall submit one copy at scale and 12 reduced to 24-inch x 36-inch
		copies. Any incomplete submittal shall be returned to the
		applicant. An applicant is encouraged to review a draft submittal
		with the Building Inspector prior to the submittal of an official
		permit application.
(Ord. 140, passed 12-19-94)

§ 152.17	APPLICATION REVIEW AND APPROVAL; ISSUANCE OF PERMIT.
	(A)	Initial review.  Upon receiving a complete application for a sand
		mining permit, the Building Inspector shall review the application
		for compliance with the requirements of this chapter. The Building
		Inspector may retain a planning consultant to assist in the review
		of the application.

	(B)	Report of Building Inspector.  After completing his or her review
		of the application, the Building Inspector shall give a written
		report on the applicant's compliance with the requirements of this
		chapter to the Planning Commission.

	(C)	Notice of hearing.  At the same time he or she submits the report
		and the application to the Planning Commission, the Building
		Inspector shall schedule a public hearing on the application by
		the Planning Commission. Notice of the public hearing shall be
		published not more than 15 days and not less than five days prior
		to the public hearing in a newspaper of general circulation in the
		city. Notice of the public hearing shall also be mailed by first
		class mail to owners of property within 300 feet of the boundaries
		of the lot or lots proposed for sand mining

	(D)	Hearing before Planning Commission.  At the public hearing, the
		Planning Commission shall receive a presentation from the
		applicant regarding his or her application, and shall receive
		written and oral comments regarding the application and the
		effects of the proposed sand mining upon persons and property
		within 300 feet of the proposed mining site and on the city as a
		whole.

	(E)	Additional information; Planning Commission review.  After the
		public hearing, the Planning Commission may request additional
		information from the applicant. After the public hearing and after
		receiving and considering any additional information, the Planning
		Commission shall either recommend approval of, recommend
		disapproval of, or make no recommendation on, the permit
		application to the City Council, and shall transmit the permit
		application to the City Council.

	(F)	City Council review.  The City Council shall review any
		recommendation from the Planning Commission and shall consider the
		permit application for approval or disapproval.

	(G)	Non-approval by City Council.  If the City Council does not
		approve the permit application, it shall advise the applicant in
		writing of its reasons for not approving the permit application.

	(H)	Approval by City Council.  If the City Council approves the permit
		application, the Building Inspector shall issue a sand mining
		permit to the applicant upon receiving the required performance
		guarantee (see § 152.19) in the amount established by the City
		Council. The application and all documents, drawings, and plans
		submitted with the permit application shall be incorporated by
		reference into the permit issued by the Building Inspector.

	(I)	Joint issuance of permits.  If the person or firm authorized to
		conduct sand mining operations and the owner of the sand mining
		site are not the same person or firm, then the Building Inspector
		shall issue an authorized permit jointly to the operator and
		property owner.
(Ord. 140, passed 12-19-94)

§ 152.18	STANDARDS FOR REVIEW OF PERMIT APPLICATIONS.
	The following are the standards for Planning Commission and City
	Council review of permit applications:

	(A)	the  applicant's  compliance  with  the  operations, maintenance,
		performance, reclamation, and reuse standards described in
		§§ 152.35 et seq.;

	(B)	the impact of sand mining, moving, processing, loading, and
		transportation on adjacent property;

	(C)	the impact of sand mining on the groundwater under the mining site
		and under adjacent property;

	(D)	the creation of any public or private nuisance;

	(E)	the adequacy of the plan for restoration of the site after mining
		is completed;

	(F)	the adequacy of the plan for reuse of the site after mining is
		completed and the site is restored;

	(G)	the spirit and intent of the city's adopted future land use plan
		being preserved and promoted by the reuse plan;

	(H)	the elimination of preferred future land uses for the land to be
		mined due to the proposed sand mining;

	(I)	the reasonableness of the applicant's schedule for completion of
		sand mining, completion of restoration of the mining site, and
		commencement of reuse of the restored site;

	(J)	the financial burden placed upon the city by the proposed sand
		mining;

	(K)	the commercial necessity of the proposed sand mining;

	(L)	the impact of the proposed sand mining operations upon existing
		sand mining operations in the city;

	(M)	special conditions which may need to be imposed with approval of
		an application:

		(1)	to eliminate or mitigate any potentially adverse impacts upon
			adjacent property, on public services or facilities, or on the
			natural environment;

		(2)	to conserve natural resources or energy;

		(3)	to ensure that sand mining operations will not create a
			nuisance or unreasonably interfere with the enjoyment of life
			or property;

		(4)	or otherwise to protect the public health, safety and welfare.
(Ord. 140, passed 12-19-94)

§ 152.19	PERFORMANCE GUARANTEE.
	(A)	Performance guarantee required; contents.  Each applicant for a
		sand mining permit for whom a permit has been authorized by the
		City Council shall submit to the city a performance guarantee in
		the form of a cash deposit, certified check, irrevocable bank
		letter of credit, surety bond, or other type of security
		acceptable to the City Council. The performance guarantee shall
		name the city as the beneficiary. The performance guarantee shall
		be conditioned upon the prompt and complete compliance by the
		applicant with all terms of this chapter and with the terms and
		conditions of a sand mining permit issued in accordance with this
		chapter.

	(B)	Amount.

		(1)	The amount of the required performance guarantee shall be
			established by the City Council. In establishing the amount,
			the City Council shall consider the prevailing cost to
			complete restoration of the sand mining site and to complete
			removal of all mining, moving, processing and loading
			equipment and any other equipment if the permittee terminates
			the operations, court costs, and other reasonable expenses.

		(2)	In establishing the amount, the City Council shall also
			consider the amount of any performance guarantees which an
			applicant may have provided to the Michigan Department of
			Natural Resources which guarantee completion of any of the
			work described in this subsection.

	(C)	Issuance of permit conditioned on receipt of performance
		guarantee.  The Building Inspector shall not issue a sand mining
		permit authorized by the City Council until he or she has received
		the required performance guarantee as described in this section
		and in the amount as established by City Council when it
		authorized the permit.

	(D)	Special assessment in case of insufficient performance guarantee.
		If the performance guarantee submitted in accordance with this
		section is insufficient to pay for the costs for restoration of a
		sand mining site, or to pay for the costs for removal of all
		mining, moving, processing, loading and transportation equipment,
		or to pay for the city's court costs and other reasonable
		expenses, or to pay for any or all of the above, then any of said
		costs not covered by the performance guarantee may be reported to
		the City Assessor to be levied by him or her as a special
		assessment upon the premises owned by the permittee. Such special
		assessment shall be subject to review after proper notice is given
		as in all other cases of special assessments prescribed by the
		City Charter, and such special assessment when confirmed shall be
		a lien upon the premises and shall be collected in the same manner
		as other city taxes, or the city may collect the amount from the
		owner of the premises in an action of assumpsit, together with
		costs of suit.
(Ord. 140, passed 12-19-94)
Cross-reference:
	Taxation, see Charter §§ 6.9 et seq.
	Special assessments, see Charter Ch. VII

§ 152.20	TERM OF PERMIT.
	Each permit issued by the Building Inspector in accordance with this
	chapter shall be valid for a period of three years from the date of
	authorization by the City Council.
(Ord. 140, passed 12-19-94)

§ 152.21	TRANSFERABILITY.
	A permit issued pursuant to this chapter may be transferred, provided
	a written request for transfer is submitted to the city, and provided
	that the City Council approves the transfer. The transfer of an
	existing permit shall not be unreasonably refused by the City Council.
(Ord. 140, passed 12-19-94)

§ 152.22	PERMIT RENEWAL.
	(A)	Permit renewal application requirements.

		(1)	Contents.  If an operator with a valid sand mining permit
			issued in accordance with this chapter desires to continue any
			sand mining, sand moving, sand processing, sand loading, or
			sand transportation operations or restoration activities
			beyond the stated expiration date of the permit, the operator
			shall submit the following items to the Building Inspector:

			(a)	a completed sand mining permit application form provided
				by the Building Inspector, which shall be the same form as
				described in § 152.16(A) above;

			(b)	a sand mining operations plan narrative in the same form
				as described in § 152.16(B) above;

			(c)	a hydrogeological report updated within three years of the
				date the permit renewal application is submitted, in the
				same form as described in § 152.16(C) above;

			(d)	a sand mining site plan in the same form as described in
				§ 152.16(D) above;

			(e)	a sand mining site restoration plan in the same form as
				described in § 152.16(E) above;

			(f)	a sand mining site reuse plan in the same form as
				described in § 152.16(F) above;

			(g)	a permit renewal application and review fee, to be
				remitted to the city in such amounts and at such times as
				follows:

				1.	$1,500 to be remitted simultaneously with the
					submission of the other submittals required by
					this section;

				2.	the city's actual costs for review of a permit
					renewal application, including the fees of a
					planning consultant retained specifically to
					review an application, the costs of city
					employees to review an application, and
					city costs for giving notice of the public
					hearing on the application, as follows:

					a.	Any amount not covered by the
						$1,500 deposit shall be remitted
						by the applicant to the city not later
						than30 days following receipt of the
						city's invoice.

					b.	In the event that the actual costs of
						the city are less than the amount of the
						deposit, the surplus shall be remitted
						by the city to the applicant not later
						than 30 days following the city's
						determination of the actual costs.

		(2)	Number of copies; form; date of submission.  An
			applicant for renewal of a permit shall submit 12
			copies of all materials to the Building Inspector at
			least 90 days prior to the expiration date of the
			previously issued sand mining permit. For any
			required submittal with a 1 inch = 100 feet scale,
			an applicant shall submit one copy at scale and 12
			copies reduced to 24-inch x 36-inch copies. Any
			incomplete submittal shall be returned to an
			applicant. An applicant for renewal of a permit is
			encouraged to review a draft submittal with the
			Building Inspector prior to the submittal of an
			official permit renewal application.

	(B)	Permit renewal application procedures.

		(1)	Permit renewal application procedures shall be the
			same as described in § 152.17 above.

		(2)	In the event that the renewal of a permit is denied,
			then the applicant shall be provided with a written
			report stating the reasons for the denial. The City
			Council shall not unreasonably deny an application
			for renewal of a permit.

	(C)	Standards for review of permit renewal applications.
		The Planning Commission and the City Council shall
		consider those factors described in § 152.18 above in
		their review of a permit renewal application.

	(D)	Renewal permit performance guarantee.  The renewal
		permit performance guarantee shall be the same as
		described in § 152.19 above.
(Ord. 140, passed 12-19-94)

REGULATIONS

§ 152.35	APPLICABILITY OF SUBCHAPTER.
	The minimum operational, maintenance, performance,
	reclamation and reuse standards provided by this subchapter
	shall apply to all sand mining sites in the city.
(Ord. 140, passed 12-19-94)

§ 152.36	OPERATIONS STANDARDS.
	(A)	Access.  Each sand mining site shall have at least one
		access to a city street classified as a major street.
		Each driveway serving a sand mining site shall meet
		applicable city standards for driveways.

	(B)	Barrier dunes.  Except for sand mining on barrier dunes
		which has been permitted by the Michigan Department of
		Natural Resources as of the effective date of this
		chapter, sand mining is prohibited on barrier dunes in
		the city, and sand mining shall be set back 150 feet
		from the base of the slope of any barrier dune.
		Reclamation activities, if authorized, may be allowed
		within the setback up to the base of the barrier dune
		slope.

	(C)	Burning.  Intentional burning on any sand mining site
		shall comply with the requirements of city ordinances
		which regulate intentional burning.

	(D)	Clay aquitard.  An operator of a sand mining site shall
		not disturb in any manner any clay aquitard underlying
		the sand formations which are being mined. An operator
		of a sand mining site shall be permitted to mine or to
		otherwise disturb clay lenses within sand formations
		which are being mined, so long as those clay lenses are
		not continuous with a clay aquitard.

	(E)	Critical dunes.  Except for sand mining on critical
		dunes which has been permitted by the Michigan
		Department of Natural Resources as of the effective date
		of this chapter, sand mining is prohibited on critical
		dunes in the city, and sand mining shall be set back 150
		feet from any critical dunes area. Reclamation
		activities, if authorized, may be allowed within the
		setback up to the edge of the critical dunes area.

	(F)	Driveways and on-site roads.  An operator of a sand
		mining site will control dust on any unpaved driveway or
		road on the site. As a minimum, the first 75 feet of any
		driveway to a sand mining site from a city street, which
		driveway is regularly used in the course of sand mining
		operations, shall be paved. Driveways leading to a sand
		mining site shall be secured to prevent unauthorized
		access during non-operating hours.

	(G)	Erosion.  An operator of a sand mining site shall make
		provisions to prevent the blowing of sand or dust which
		would be a nuisance to adjacent public or private
		property. Vegetation indigenous to the undisturbed
		portion of a sand mining cell shall not be removed prior
		to commencement of sand mining activities in that cell
		unless the vegetation removal maintains the ground cover
		and topsoil within the cell in stable condition.

	(H)	Fencing.  Except for fencing installed as of the
		effective date of this chapter, a fence at least five
		feet high and of a type to discourage and impede
		unauthorized entry shall be erected around any areas of
		a sand mining site where slopes exceed 3:1 and around
		any other hazardous areas within a sand mining site.

	(I)	Glare.  Any lighting fixtures associated with sand
		mining equipment, sand moving equipment,  sand
		processing equipment, or sand loading equipment shall be
		directed away from adjacent property so as to avoid as
		nearly as possible the direction of glare onto adjacent
		property having substantially the same elevation as the
		equipment location.

	(J)	Hours of operation.  Sand mining and sand moving
		operations shall be restricted to the hours between 6
		a.m. and midnight, except under emergency circumstances.

	(K)	Importing sand.

		(1)	Importing sand to a sand mining site for which a
			permit has been issued in accordance with this
			chapter shall be prohibited unless the sand mining
			site has been in operation pursuant to a permit that
			was in existence before January 1, 1994, or a
			renewal thereof. With regard to sand mining sites
			that have been in operation pursuant to a permit
			that was granted before January 1, 1994, or a
			renewal thereof, the tonnage of sand imported to the
			sand mining site is limited to 40,000 tons per year.
			Any sand imported to a sand mining site pursuant to
			this chapter shall have a grain size different from
			the sand mined at the sand mining site, and shall be
			used to blend with sand mined at the sand mining
			site for commercial use.

		(2)	An applicant for a permit or renewal permit may
			apply for a higher limit on the number of tons of
			sand to be imported per year, provided that the
			applicant shows that additional tons of blending
			sands are required for blending with sand mined at
			the sand mining site for the fulfillment of
			reasonably expected needs of the applicant's
			customers.

		(3)	During the term of any permit issued in accordance
			with this chapter, a permittee may apply to the City
			Council for a higher limit on the number of tons of
			sand to be imported during a specific calendar year,
			provided that the permittee shows that additional
			tons of blending sands are required for blending
			with sand mined at the sand mining site for the
			fulfillment of reasonably expected needs of the
			permittee's customers.

	(L)	Noise.  At no point on the boundaries of a sand mining
		site shall the sound pressure level of a sound emanating
		from any sand mining equipment, any sand moving
		equipment, any sand processing equipment, and any sand
		loading equipment exceed 70 dB(A), except for warning
		devices emitting sound for warning purposes as
		authorized by law.

	(M)  Sand mining equipment, sand moving equipment, sand
		processing equipment, sand loading equipment, and sand
		transportation equipment.  Only that sand mining
		equipment, sand moving equipment, sand processing
		equipment, sand loading equipment, and sand
		transportation equipment which has been authorized
		specifically through the permit process of this chapter
		is permitted on a sand mining site. If a permittee
		wishes to add sand mining equipment, sand moving
		equipment, sand processing equipment, sand loading
		equipment, or sand transportation equipment after a
		permit has been issued pursuant to this chapter, the
		permittee shall notify in writing the Building Inspector
		at least 30 days prior to the planned placement of the
		equipment. The Building Inspector may authorize the
		placement of the equipment, or, if the Building
		Inspector believes the proposed equipment would result
		in a significant, material, and substantial change in
		the permitted sand mining operations, the Building
		Inspector may refer the request to the Planning
		Commission for approval or disapproval. In the event the
		Building Inspector refers an equipment placement request
		to the Planning Commission, the permittee shall not
		install the proposed equipment until the Planning
		Commission authorizes the installation.

	(N)	Screening.  Residential uses and public streets adjacent
		to a sand mining site shall be screened from sand mining
		operations with a minimum six-feet high screen.
		Acceptable screening methods are raised earth berms,
		coniferous trees, fences which provide 80% solid visual
		barrier, and natural topography.

	(O)	Setbacks.

Type of		Setback 		Setback		Setback		Setback from	Setback
Equipment		from		from		from Lake		Grand River	from "the
		Property		Public 		Michigan		(in feet)*		"Sag"
		Lines		Streets		(in feet)				(in feet)
		(in feet)		(in feet)

Mining	 	150	 	200	 	1,000	 	400	 	25

Moving	 	150	 	200	 	1,000	 	0		0

Processing	 500**	 	1,000	 	1,000	 	150	 	150

Loading		 1,000	 	1,000	 	1,000	 	0	 	0

*Does not include the embayment commonly known as "the Sag."

**Except for processing equipment in place as of the effective date of this chapter.
Setbacks of existing processing equipment shall not be reduced.

	(P)	Signs.	Any sign on a sand mining site shall comply with city sign
		regulations applicable to industrial use zones.

	(Q)	Slopes.

		(1)  Any sand mining site shall have slopes restored as follows:

			(a)	surface slopes: minimum three feet horizontal/one foot
				vertical;

			(b)	subsurface slopes:

				1.	minimum six feet horizontal/one foot vertical
					from water's edge to six feet deep;

				2.	minimum one foot horizontal/one foot vertical
					beyond six feet deep.

		(2)	A permittee may apply to and receive from the Planning Commission
			a variance from these requirements which would allow steeper
			restored surface slopes, provided the permittee can demonstrate that
			steeper surface slopes would provide a more orderly transition to
			undisturbed topographic features.

	(R)	Structures.  Any existing or new structure, or any addition thereto, on a
		sand mining site must comply with applicable city building codes and
		ordinances.

	(S)	Subsurface mining.  No subsurface mining shall be conducted below the 550-
		foot USGD elevation. Any subsurface mining activity shall also comply with
		applicable state regulations.

	(T)	Surface mining.  Any surface mining activity shall comply with applicable
		state regulations.

	(U)	Truck traffic.  If trucks will be used to ship sand from the mining site
		or to import sand to the mining site, then said trucks shall follow a
		route designated by the City Council to pose the least interference with
		other traffic. If trucks are so used, the permittee shall be responsible
		for removal of any sand which falls from trucks onto public streets,
		without requiring any notice or request from the city.

	(V)	Vegetation existing. Vegetation existing on a sand mining site shall not
		be removed preparatory to sand mining so as to expose sand to erosion.
		Vegetation indigenous to the undisturbed portion of a sand mining cell
		shall not be removed prior to commencement of sand mining activities in
		that cell unless the vegetation removal maintains the ground cover and
		topsoil within the cell in stable condition. On-site burying of existing
		vegetation is prohibited.

	(W)	Waste.

		(1)	No trash, rubbish, junk, refuse of any kind, inoperable vehicles or
			equipment, building materials, or unwholesome substances shall be
			permitted to accumulate at any sand mining site, unless the same is
			contained in a dumpster in accordance with the provisions of
			Ord. 120, passed 11-28-90, the dumpster ordinance, or, in the case
			of inoperable vehicles or equipment, unless they are housed within
			a building or structure or are enclosed completely by an opaque
			fence which is erected and maintained in compliance with city
			ordinances.

		(2)	Building materials on a sand mining site to be used as part of
			construction on the site for which a city building permit has been
			issued are not considered waste.

	(X)	Water body creation. If creation of a body of water is otherwise
		authorized to result from sand mining operations, such a body of water
		shall not be permitted to become stagnant. Final underwater slopes shall
		be as required above. Beyond the intercept of submerged slopes, the
		minimum depth of such a body of water shall be ten feet. Creation of a
		body of water shall also comply with state regulations.
(Ord. 140, passed 12-19-94)  Penalty, see § 152.99
Cross-reference:
	Accumulation of rubbish, junk vehicles, and the like, see § 91.02
	Burning, see Ch. 92
	Building regulations, see Ch. 150

§ 152.37	RESTORATION REQUIREMENTS.
	(A)	Reclamation and restoration.  Within 12 months after the termination of
		sand mining on a sand mining site, the permittee shall have completed the
		following:

		(1)	restoration of the sand mining site in accordance with the last
			restoration plan submitted by the permittee and approved by the
			city; and

		(2)	the removal of all sand mining equipment, all sand moving
			equipment, all sand processing equipment, all sand loading
			equipment, and all sand transportation equipment, above or
			below ground, or in, on, over or under water.

	(B)	Restoration plan.  Any required restoration plan shall provide for
		restoration of the surface with dune grass (amophilia) at 24 inches on
		center with appropriate fertilizer, or an approved alternate, to within
		ten feet of any water body that may be created. Any required restoration
		plan shall provide for restoration of above-surface and below-surface
		slopes as required by this chapter. No restoration of a mining site,
		including any filling, is permitted except in accordance with a permit
		issued pursuant to this chapter. Restored areas of a mining site shall be
		maintained by the permittee for at least one year.
(Ord. 140, passed 12-19-94)  Penalty, see § 152.99

§ 152.38	REUSE REQUIREMENTS.
	Each applicant for a sand mining permit shall submit a reuse plan for each
	sand mining site, which plan shall indicate a use or uses for the sand mining
	site when sand mining has been completed and when the sand mining site has
	been restored. Each use indicated in a reuse plan shall be compatible with the
	city's future land use plan.
(Ord. 140, passed 12-19-94)
ADMINISTRATION AND ENFORCEMENT

§ 152.50	RIGHT OF ENTRY.
	The Building Inspector shall have the right to enter and to inspect a sand
	mining site at all reasonable times for purposes of monitoring compliance with
	this chapter and with the terms of any permit issued pursuant to this chapter.
(Ord. 140, passed 12-19-94)

§ 152.51	NONCOMPLIANCE; PERMIT REVOCATION; APPEALS.
	(A)	If the Building Inspector determines any instance of noncompliance with
		the terms of this chapter or with the terms of a permit issued pursuant to
		this chapter, the Building Inspector shall notify the permittee in writing
		of the instance or instances of noncompliance, and shall give the
		permittee 30 days to comply with the terms of this chapter and with the
		issued permit.

	(B)	If a permittee has not brought his operations into compliance as requested
		by the Building Inspector at the expiration of the 30-day notice period,
		the Building Inspector shall deliver to the permittee at the local
		business address listed on the permit a notice of revocation of permit.
		Upon receipt thereof, the permittee shall promptly cease all sand mining
		operations until the entire operation is brought into compliance as
		requested.

	(C)	If a permittee disagrees with a determination of the Building Inspector, a
		permittee may obtain a de novo redetermination of the facts and the law
		from the City Manager. A permittee shall file an application for
		redetermination with the City Manager no later than 30 days after the
		determination of the Building Inspector was delivered or mailed to the
		permittee. A record shall be made of the redetermination hearing. A
		permittee who is aggrieved by the redetermination of the City Manager may
		appeal the redetermination by filing an appeal with the Circuit Court of
		Ottawa County no later than 30 days after the date that the
		redetermination was delivered or mailed to the permittee. On appeal, the
		Circuit Court shall review the record and the decision of the City Manager
		to insure that the decision: (1) complies with the laws of the state; (2)
		is based upon proper procedure; (3) is supported by competent, material,
		and substantial evidence on the record; and (4) represents the reasonable
		exercise of discretion by the City Manager.
(Ord. 140, passed 12-19-94)

§ 152.99	PENALTY.
	A violation of this chapter is a civil infraction with a maximum fine of $500.
	This chapter may also be enforced in the Ottawa County Circuit Court. Failure
	of a permittee to pay a fine or cost within 30 days after due will result in a
	lien against land, buildings or structures.
(Ord. 140, passed 12-19-94)