(1) The end uses shall conform to the uses designated by the Township Master Plan. The special land use shall require compliance with the requirements of the zoning district having the greatest similarity to the Master Plan designation.
(2) The Planning Commission, in considering whether any very serious adverse consequences or serious environmental impact would result, shall determine the degree and extent of public interest in the removal of the minerals from the applicant's land, considering the type of resource involved, the market demand and availability of supply, and other relevant factors and conditions which determine the relative benefit to the public from the proposed removal operations and activities.
(3) The special land use shall be approved only if the proposed removal operations and activities do not, considering the nature and extent of public benefit from the resource removal, result in very serious adverse consequences or serious environmental impact. Safety concerns and additional noise occasioned by the proposed operations, including additional truck traffic; decreased air quality caused by dust and odors from the operations and truck traffic; diminution of nearby property values; and decrease in residential or other development in the area, may be considered in determining whether very serious adverse consequences or serious environmental impact would result from the removal operations and activities.
(4) The approval of the special land use shall include provisions requiring compliance with specified conditions relating to mineral removal activities and operations. Such conditions shall include the following:

(a) Mineral removal operations shall be approved for a duration of not more than three years, unless the Planning Commission recommends and the Township Board determines that there are unusual circumstances which justify a removal period of greater duration.
(b) Upon or prior to the expiration of the special land use, the Planning Commission may recommend and the Township Board may approve the renewal of the use for a successive period of not more than three years duration, unless the Planning Commission recommends and the Township Board determines that there are unusual circumstances which justify a use renewal period of greater duration.
(c) In considering whether the special land use shall be renewed, the Planning Commission may, but need not, convene a public hearing. The public notice for any such hearing shall be the same as otherwise required for the original granting of the special land use.
(d) Mineral removal, processing and transport operations and activities shall not commence earlier than 7:00 a.m. and shall not continue after 6:00 p.m., Monday through Friday only, except that there may be minor equipment maintenance work at the site on Saturdays from 9:00 a.m. to not later than 3:00 p.m. Minor equipment maintenance shall be limited to maintenance work that does not generate noise which carries beyond the mineral removal lands, and provided that the special land use may include additional limitations on the hours and days of operation in order to avoid serious adverse consequences upon adjoining or nearby lands.
(e) Processing equipment which emits noise louder than 80 decibels, measured at a distance of 50 feet from said equipment when operating, shall not be located closer than 1/4 mile to the nearest occupied dwelling, unless the special land use authorizes other noise emission requirements. In addition, the special land use may require that particular vehicles and/or processing and removal equipment shall be utilized only at certain locations or within certain areas of the site, so as to avoid adverse impacts on adjacent or nearby lands.
(f) Access to and from a mineral removal site, and the routes to be taken by vehicles hauling mineral material from the site and returning to the site, shall be only by means of those streets designated on the approved mineral removal plan or by other routes, as may be specified as a part of the operating conditions included in the special land use.
(g) During activities and operations for the removal of mineral material, no mineral material or other excavated material shall be left during weekends or overnight in a condition or manner that constitutes a danger to persons who may enter the removal area.
(h) After operations each day, all banks of excavated material shall be graded to slopes not steeper than one foot of elevation for each two feet of horizontal distance, or a substantial fence, at least four feet in height, shall be erected to fully enclose all the areas of steep slopes, so the slopes cannot be inadvertently approached by persons who may enter the removal area. The special land use may include other measures deemed sufficient to protect persons from harm within the removal area during times when operations are not occurring.
(i) All entrance and exit roads and other routes into or from the site shall be securely gated. Gates shall extend across the entire width of any entrance or exit road or route and shall be locked securely when operations are not occurring. These gates shall be located to prevent unauthorized vehicles from entering the mineral removal lands.
(j) Entrance and exit roads shall be configured to provide adequate and safe distances for stacking trucks within the lands, to avoid the parking or backing up onto the adjacent streets of trucks waiting to be loaded, to enter the property, or otherwise. The special land use may require paving of entrance and exit roads within the site for a distance sufficient for adequate handling of removal vehicles, the reduction in accumulation of dust and dirt, and for other purposes.
(k) Measures to control dust and dirt arising from mineral removal operations shall be undertaken in accordance with conditions included in the special land use. Dust control measures may include the application of dust-inhibiting solvents or similar nonpolluting surface treatments, particular road-surfacing measures, or other actions as specified in the special land use.
(l) Stormwater drainage on and from the mineral removal site shall be controlled so that adjacent or nearby lands shall not be adversely affected by surface water drainage, erosion or other similar effects. The mineral removal site shall be contoured and graded to avoid the unintended impoundment of water, except where ponds or other bodies of water are proposed in an approved site rehabilitation plan.
(m) Unless authorized by the terms of the special land use, no storage of soil from lands outside the mineral removal area may take place on the mineral removal site.

The special land use may include such other conditions as necessary to assure compliance with the terms of this section. Conditions may include, though are not limited to, weed control; erosion and sedimentation controls; measures to prevent the tracking of dirt and other debris onto public streets; fencing and other visual screening; groundwater monitoring wells; preservation of trees and other vegetation; and limitations on the loading or storage of fuel for vehicles and equipment.

Special land use.

(1) A recommendation on the special land use by the Planning Commission shall be accomplished by means of a resolution adopted by the Commission, which shall include all of the terms and conditions of the recommendation. Likewise, an approval of the special land use by the Township Board shall be accomplished by a resolution adopted by the Board which shall include all of the terms and conditions of the approval.
(2) An applicant for the special land use shall submit a performance bond, with an approved surety, in an amount recommended by the Planning Commission and approved by the Township Board. The performance bond shall be conditioned upon the timely and faithful performance by the applicant of all of the terms and conditions of the special land use, the mineral removal plan and the site rehabilitation plan.

(a) The performance bond shall not be refunded or reduced until the mineral removal operations and activities, land reclamation or restoration, and all other required activities have received final inspection and approval by the Township.
(b) If the performance bond is revoked or if it expires and is not renewed, the Planning Commission and Township Board need not approve the renewal of the special land use until such bond has been satisfactorily reinstated.

(3) The special land use shall not be transferred to a person or party other than the applicant to whom it was issued unless the transfer is first considered and approved by the Planning Commission and the Township Board at public meetings.
(4) Mineral removal operations and activities authorized by the terms of the special land use shall be commenced not later than one year after approval of the special land use and shall be diligently pursued thereafter, unless the special land use provides otherwise. In the absence of timely commencement and diligent prosecution of such operations and activities, the special land use shall be of no further force or effect. Mineral removal activities or operations shall not thereafter be commenced unless a new special land use has been obtained pursuant to the procedures set forth in this section.
(5) An applicant whose application for the special land use has been denied shall not resubmit an application covering the same lands, or substantially the same lands, within 18 months after the date of denial, except that a new application may be submitted and considered if there are significantly changed conditions which are determined by the Planning Commission and Township Board to be sufficient to justify reconsideration of the application or petition.
(6) Upon the effective date of this section, special land uses which have been previously issued under the terms of this chapter shall continue in effect until, but not after, the authorized amount of mineral material has been removed and any required site rehabilitation completed. In the case of special land uses which did not designate the amount of mineral material which may be removed, the uses shall continue in effect for the remainder of the period of time for which they were issued or last renewed, and also for an additional period not exceeding one year thereafter, at the discretion of the Planning Commission and the Township Board. Mineral removal activities and operations shall not thereafter be conducted on the lands covered by the special land use unless a subsequent special land use has been granted.
 

Renewal of a special land use
This subsection applies only to the renewal of a special land use for extraction of sand, gravel and other minerals from the same location or locations as permitted under an existing special land use. Applications for permission to expand mineral removal operations beyond the location approved under an existing special land use shall comply with the procedure set forth in this section for the granting of a special land use.

(1) If renewal of a special land use is desired, an applicant shall apply for renewal at least 120 days before the expiration of the existing special land use.
(2) All of the applicant's rights and privileges arising under the special land use shall terminate at the expiration thereof, if the use has not then been renewed, and, in that event, all removal operations covered by the expiring special land use shall then cease, except approved emergency operations required to protect the public safety and except as otherwise provided herein.
(3) The termination of rights and privileges under a mineral removal special land use, at the time of expiration of the special land use, shall take place even though an applicant may have applied for renewal thereof and even though proceedings for such renewal may have commenced, unless the Planning Commission and the Township Board, in their discretion, vote by majority vote of those present to temporarily extend an expiring special land use during the period required for proceedings to consider renewal of the use (however, such vote for temporary extension of the use may be rescinded in the event that the applicant unduly delays such proceedings, whether by action or inaction).
(4) Upon the conclusion of proceedings for renewal of a special land use, if the use is renewed, removal operations may be resumed if and to the extent covered by the special land use as renewed.
(5) An application for renewal of a mineral removal special land use shall consist of the following:

(a) The Zoning Administrator's certificate of compliance, as described in Subsection G(6)below.
(b) A copy of the original application for the special land use, with addendum updating the information from the original application and supplying any information missing on the original application.
(c) A revised mineral removal plan, drawn and sealed by a registered civil engineer, showing the areas of the site which are currently under excavation, which are in the process of reclamation, and which have been reclaimed.
(d) The required application fee and any required deposit of funds into an escrow account for reimbursement of Township expenses in the matter.
(e) The Township may require additional information if necessary in the consideration of the requested renewal, or the Township may waive any of the above-stated application requirements, but the requirement of the certificate of compliance shall not be waived.

(6) Neither the Planning Commission nor the Township Board shall consider an application for renewal unless the applicant submits a certificate of compliance signed by the Township Zoning Administrator, which states that the mineral removal operation, as of the date of signing of the certificate of compliance, is in compliance with the present special land use and all Township ordinances and that all required mineral removal fees and escrow deposits have been paid.
(7) Upon request by an applicant for a certificate of compliance, the Township shall promptly arrange to have the operation reviewed and inspected. If the Zoning Administrator finds that the operation is in compliance, the Zoning Administrator shall issue a certificate of compliance. The certificate shall also describe any past violations which have been rectified.
(8) If the Zoning Administrator finds that the operation is not currently in compliance, the Zoning Administrator shall notify the applicant of the steps necessary to cure such deficiency.
(9) The issuance of a certificate of compliance does not require the Planning Commission to recommend or the Township Board to approve a renewal of the special land use.

(10) In making decisions regarding renewal, the Planning Commission and the Township Board shall apply the standards for approval applicable to new special land uses under this chapter, taking into consideration current conditions in the vicinity, the operational history under the previous special land use, and any complaints or comments about the operation. The Planning Commission may convene a public hearing on the renewal application. Conditions may be attached to the renewal which are in addition to or different from those contained in the previous permit.

Fees.

(1) The applicant for the special land use shall pay the established application fee and shall deposit the required amount into a zoning escrow account when the application or petition is filed with the Township.
(2) The applicant shall also pay to the Township annually a fee (the "surveillance fee") to defray the Township's cost of administration, surveillance and enforcement of the special land use, including but not limited to costs for review of applications, testing, monitoring, sampling, surveying, personnel expenses, enforcement, legal, engineering and other consultant fees, and other related costs and expenses. The fee shall be $0.03 per ton of mineral material removed during the entire removal operation; provided, however, in that no event shall the fee be less than $1,000 annually.
(3) At any time, if the amount on deposit with the Township from the surveillance fee paid by the applicant is reduced to less than $1,000 (or to such lesser sum, based on the above-stated amount per cubic yard of mineral material removed, or to the above-stated minimum annual amount) by reason of expenditure by the Township under the terms of this section, then the Township shall notify the applicant, in writing, and the applicant shall pay to the Township promptly, but in any event not later than 30 days after such notification, sufficient additional surveillance fee so as to increase the amount of such funds to the amount specified by the Township.
(4) In such notification by the Township to the applicant for additional deposit of surveillance fee, the amount specified by the Township shall not exceed that amount which will cause the balance on hand to be $1,000, unless the Township reasonably expects to incur costs greater than $3,000 within a year after such notification for additional surveillance fee, in which case the Township shall specify the amount reasonably expected to be incurred during such ensuing year.
(5) Funds received from the application fee shall be deposited in the Township's general fund or in such other Township fund as is established for other zoning application fees. Funds received from the surveillance fee shall be accounted for separately on the books of the Township, as to each special land use.
(6) The surveillance fee, at the above-stated rate of mineral material removed, shall be paid by the applicant annually. Not later than January 31 of each year, the Township shall notify the applicant, in writing, to submit copies of load tickets or other written proof accurately showing the total amount of mineral material removed during the preceding year (or during any such lesser preceding period, in the case of the recent commencement or termination of a special land use). Such notification by the Township shall indicate a period of time for response by the applicant, and the requested information shall be submitted by the applicant to the Township within that time.
(7) Based upon the amount of mineral material removed as stated in the written response received from the applicant, the Township shall calculate the amount of surveillance fee due and shall then send to the applicant an invoice in that amount. The applicant shall promptly pay to the Township the amount indicated on the invoice. In the event that the Township desires further or more complete information as to the amount of mineral material removed, the Township shall notify the applicant accordingly, and the applicant shall respond promptly and fully. In its discretion, the Township may make inquiries of mineral haulers or others who may have knowledge concerning the amount of mineral material removed.
(8) When the special land use expires, the Township shall also notify the applicant to provide, in writing, a statement of the amount of mineral material removed, since the last previous such statement, and the Township shall then prepare and forward a final invoice for payment of the surveillance fee based upon the above-stated per-ton rate, and the applicant shall promptly pay the amount indicated on the invoice.
(9) If an expired or soon-to-expire special land use is renewed, the Township may retain any surveillance fee amounts then on hand and apply them to defray the costs of review of the application for renewal and for applicable costs subsequently incurred following renewal of the special land use. As in the case of annual surveillance fee payments, the applicant shall furnish to the Township any requested load tickets or other written proof with respect to the amount of mineral material removed during the last removal period before expiration of the special land use.
(10) After expiration of a special land use without renewal, the Township shall refund, without interest, any unused surveillance fee amounts that have been received from the applicant.
(11) In its discretion, the Township may request from the applicant, and the applicant shall promptly provide, load tickets or other written proof of mineral material removed at times other than the annual surveillance fee payment period.
(12) As to each special land use, the Township shall maintain a record of surveillance fee payments made by the applicant and expenditures made by the Township with respect to the operation.
(13) Surveillance fee payments made by the applicant shall not limit the applicant's liability for civil infraction penalties, damages, or other sanctions for violation of a special land use, Township ordinances or other laws or regulations.

Enforcement.

(1) Enforcement of the terms of the special land use may be directed against the applicant and all operators acting or purporting to act under such special land use, or any of them. Full and timely compliance with all of the terms of this article and all of the terms of the applicable special land use is a condition for the continued effectiveness of the special land use or any renewal thereof.
(2) In the enforcement of the provisions of this section and those of any mineral removal special land use, the Township may avail itself of all procedures and remedies described in Article 32: Administration, Enforcement and Penalties of this chapter and all other remedies provided by law.
(3) The Township Zoning Administrator or other designated Township representative shall act as the agent of the Township Board in the administration, supervision and enforcement of the special land use.
(4) The Township Zoning Administrator or other designated Township representative shall be entitled to access to the applicant's mineral removal lands during reasonable business hours for the purpose of verifying compliance with the special land use requirements.
(5) The Zoning Administrator is authorized to demand compliance with the terms of this section and the special land use. In the absence of such compliance, the Zoning Administrator may issue an order directing the applicant and any operator to cease immediately all mineral removal work on or from the premises and all other operations relating thereto.
(6) Upon the issuance of a stop-work order, the applicant and any mineral removal operator shall have no further right or privilege to continue or to conduct any mineral removal operations, except permitted emergency operations required to protect the public safety and except any authorized limited operations which may be authorized by any such order.  See § 450-32.08: Stop-work orders. 

See Sand and gravel removal of 5,000 cubic yards or more for more information.
See Planning Commission for more information on this commission.
See Forms and Applications for more information.