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Addison Township


Ordinance to amend the text for the accommodation of the extraction of valuable natural resources from A-Agricultural Zoning District parcels . . .



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March 27, 2013 - PUBLIC NOTICE

ADDISON TOWNSHIP, OAKLAND COUNTY, MICHIGAN

Ordinance #1 of 2013

AN ORDINANCE TO AMEND THE TOWNSHIP OF ADDISON ZONING ORDINANCE. The Code, Appendix A, Article 6, Section 6.04 Agricultural Zoning District

Extraction of Valuable Resources

At a regular meeting of the Township board held on March 18, 2013 at the Addison Township Complex, 1440 Rochester Road, Leonard, MI 48367. The Township of Addison adopted a zoning ordinance text amendment and ordains:

SECTION 1. Purpose: The purpose of this Ordinance is to amend the text of the Addison Township Zoning Ordinance to provide for the accommodation of the extraction of valuable natural resources from A-Agricultural Zoning District parcels unless very serious consequences would result from the extraction of those natural resources in compliance Public Act 113 of 2011 which amends the Michigan Zoning Enabling Act (MZEA) (MCL 125.3205).

SECTION 2. Article 6 Section 6.04 Uses permitted after special approval shall be amended by adding Subsection 6.04.12 to read as follows:

Extraction of valuable natural resources.

a. Natural resources shall be considered valuable for the purposes of this section if a person, by extracting natural resources, can receive revenue and reasonably expect a profit.

b. An applicant for a special use permit for extraction of valuable natural resources shall demonstrate:

(1) That there are valuable natural resources located on the property for which a special use permit is sought,

(2) That there is a need for the valuable natural resources by the applicant or in the market served by the applicant, and

(3) No serious consequences would result from the extraction, by mining, of the valuable natural (resources) utilizing the standards set forth in Silva v. Ada Township, 416 Mich. 153 (1982) as applicable:

(a) The relationship of extraction and associated activities with existing land uses.

(b) The impact on existing land uses in the vicinity of the property.

(c) The impact on property values in the vicinity of the property and along the proposed hauling route serving the property, based on credible evidence.

(d) The impact on pedestrian and traffic safety in the vicinity of the property and along the proposed hauling route serving the property.

(e) The impact on other identifiable health, safety, and welfare interests in Addison Township.

(f) The overall public interest in the extraction of the specific natural resources on the property.

c. All extraction shall be subject to the mining requirements and regulations of Section 22.07 Mining requirements and regulations of the Addison Township Zoning Ordinance, which may be modified in terms of reasonable regulation of hours of operation, blasting hours, noise levels, dust control measures, and traffic, not otherwise lawfully pre-empted by part 632 of the Natural Resources and Environmental Protection Act, 1994 PA 451, (MCL 324.63201 to 324.63224. However, such regulation shall be reasonable in accommodating customary mining operations.

d. All extraction shall be subject to Section 22.08 Environmental Impact Study of the Addison Township Zoning Ordinance.

SECTION 3. SEVERABILITY OF INVALID PROVISIONS.

If any provision of this Ordinance shall be held invalid, its invalidity shall not effect any other provisions of this Ordinance that can be given effect without the invalid provision, and for this purpose the provisions of this Ordinance are hereby declared to be severable.

SECTION 4. REPEAL

All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

SECTION 5. SAVINGS CLAUSE

A prosecution which is pending on the effective date of this Ordinance and which arose from a violation of an ordinance or ordinance provision repealed by this ordinance, or a prosecution which is started within one (1) year after the effective date of this Ordinance arising from a violation of an ordinance or ordinance provision repealed by this ordinance and which was committed prior to the effective date of this Ordinance, shall be tried and determined exactly as if the ordinance had not been repealed.

SECTION 6. EFFECTIVE DATE

This Ordinance shall take effect seven (7) days after the date of publication of notice of adoption, which publication shall take place within fifteen (15) days after adoption and shall be in a local newspaper of general circulation in the Township.

This Ordinance is hereby declared to have been passed and adopted by the Township of Addison, County of Oakland, State of Michigan, at a regularly scheduled meeting thereof duly called and held on March 18, 2013.

Penalties: The penalties for violation are as described in the Code of Ordinances Ord. No. 129-06.

The complete ordinance may be reviewed, inspected or purchased during normal business hours at the Clerk's office at the address above. You may contact the Clerk's office at 248.628.3317

Pauline Bennett, Township of Addison Clerk

Publish in the Oxford Leader, March 27, 2013

Adopted March 18, 2013- Effective Date: April 4, 2013

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