Municipal Code
CHAPTER 1462 Dumping and Soil Removal
1462.01 Short title; soil defined.
1462.02 Purposes.
1462.03 Permit required; exceptions.
1462.04 Permit application.
1462.05 Topographic map; filing fee.
1462.06 Investigation by Village Engineer.
1462.07 Permit fee; termination of permit.
1462.08 Bond; insurance.
1462.09 Consideration of applications by Council.
1462.10 Other requirements; in general.
1462.11 Other requirements; stripping operations.
1462.12 Other requirements; dumping operations.
1462.13 Unprotected excavations, holes or pits;
abatement of nuisance.
1462.14 Revocation and suspension of permits.
1462.15 Expiration of permits.
1462.99 Penalty; equitable remedies.
CROSS REFERENCES
Littering - see GEN. OFF. Ch. 648
Filling of land - see P. & Z. 1268.20
1462.01 SHORT TITLE; SOIL DEFINED.
This chapter shall be known and cited as the Village of
Franklin Dumping and Soil Removal Ordinance, and the
word "soil," as used herein, shall be deemed to mean
topsoil, subsoil, sand, gravel, rock, stone and heavy
aggregate, earth or any other material proposed to be
removed from or dumped on land.
(Ord. 104. Passed 11-29-69.)
1462.02 PURPOSES.
The purpose of this chapter is to promote the public
health, safety and general welfare of the residents of
the Village of Franklin, to preserve natural resources
and to prevent the creation of nuisances and hazards to
the public welfare, health, safety, morals and
well-being. (Ord. 104. Passed 11-29-69.)
1462.03 PERMIT REQUIRED; EXCEPTIONS.
(a) No person shall dump, remove or strip any soil or
other material in the Village without a permit from the
Village Council. No permit will be required where the
moving, grading or leveling of the aforesaid materials
is carried on for the immediate use or development of
the land upon which these substances are found, provided
that a building permit has been issued for the immediate
use and development of the land. However, where soil or
other substances are removed from the site or
development where found to another site or development,
a permit as above mentioned will be required.
(b) The requirements of subsection (a) hereof shall be
waived under the following conditions:
(1) Where the materials are transported in or out of the
Village solely for the purpose of fulfilling the
requirements of the Oakland County Department of Health
in establishing or renewing a septic field; or
(2) Where the transporting of topsoil into the Village
is performed solely in connection with gardening and
landscaping, and the total amount to be transported for
these purposes does not exceed ten cubic yards.
(Ord. 104. Passed 11-29-69.)
1462.04 PERMIT APPLICATION.
An application for a permit referred to in Section
1462.03 shall be filed with the Village Clerk, shall set
forth the following information and shall be accompanied
by the following data:
(a) A full identification of the applicant and all
persons to be directly or indirectly interested in the
permit if granted;
(b) The residence and business address of the applicant
and of all members of any firm or partnership and all
officers and directors of any corporation applying;
(c) A complete description and location of the property
on which the work is proposed to be done, which
description and location shall be prepared by a
registered civil engineer or land surveyor;
(d) The exact nature of the proposed excavation and soil
to be removed or dumped and an estimate of the
approximate number of cubic yards to be removed or
dumped, this computation to be made by a registered
civil engineer or land surveyor;
(e) A statement of the manner in which it is proposed to
dump or excavate and remove the soil or other materials,
including the slope of the sides and the level of the
floor, and the kind of equipment proposed to be employed
in making such excavation and removing such material;
(f) The proposed route which the applicant proposes to
use over the public streets and over private property in
transporting such materials;
(g) The location of the place to which, and the name and
address of all persons and firms to whom, the bulk of
the soil and any materials from the excavation are to be
sold or delivered, or similar information as to the soil
or materials to be dumped;
(h) The time within which such excavation or dumping is
to be commenced after the granting of said permit and
the time when it is to be completed; and
(i) Such further information as the Village Engineer or
Village Council may require. (Ord. 104. Passed
11-29-69.)
1462.05 TOPOGRAPHIC MAP; FILING FEE.
At the time of the filing of the application provided
for in Section 1462.04, the applicant shall file with
the Village Clerk a topographic map of the property on
which the proposed work is to be done, covering an area
having a radius of 300 feet, as far as may be possible,
from the exterior boundary of the proposed site. At the
time of filing said map and the application for the
permit, the applicant shall pay a filing fee of one
hundred fifty dollars ($150.00). Said sum is to be used
to defray the cost of engineering services,
investigation, publication charges and other
miscellaneous administrative expenses occasioned by
processing such application.
(Ord. 104. Passed 11-29-69.)
1462.06 INVESTIGATION BY VILLAGE ENGINEER.
Immediately upon the filing of an application for a
permit as provided in Section 1462.04, one copy thereof
shall be delivered to the Village Engineer. The Village
Engineer shall make an investigation of the facts set
forth in the application and shall make a written report
of his or her investigation, together with his or her
recommendations, to the Village. (Ord. 104. Passed
11-29-69.)
1462.07 PERMIT FEE; TERMINATION OF PERMIT.
At the time of the issuance of the permit, if the
application for the excavation is granted, the applicant
shall pay a permit fee to cover the expenses of
inspection and examination of the continuing operation
at the site. The fee shall be in the amount of two cents
(24) for each cubic yard estimated in the application to
be removed or dumped. At any time that the number of
cubic yards removed or dumped amount to the number of
cubic yards set forth in the estimate filed with the
original application, the permit granted shall terminate
and no further materials may be removed or dumped
from the site until a new application has been filed and
a permit granted in the same manner as the original
application and permit. The fees and/or costs heretofore
mentioned in this chapter shall not exempt the applicant
from payment of any fees and/or costs required by the
Village of Franklin under any other provisions of any
Village ordinance or regulation.
(Ord. 104. Passed 11-29-69.)
1462.08 BOND; INSURANCE.
The Village Council shall require, as a condition to the
granting of any permit applied for pursuant to Section
1462.04, that the applicant deposit a surety bond, in an
amount to be fixed by the Village Council, inuring to
the benefit of the Village of Franklin and the general
public, guaranteeing that the applicant will faithfully
perform all of the conditions and requirements under
which the permit is issued. The Village Council shall
also require, as a condition to the granting of any such
permit, that the applicant deposit a certificate of a
responsible indemnity company, in an amount reasonably
relevant to the proposed work to be done, insuring the
Village and the public against any loss or damage to
persons or property arising directly or indirectly from
the operations of the applicant, or any person acting on
his or her behalf, in carrying on any work connected
directly or indirectly with the issuance of said permit.
(Ord. 104. Passed 11-29-69.)
1462.09 CONSIDERATION OF APPLICATIONS BY COUNCIL.
(a) Council, in granting or denying any application for
a permit, as provided for in Section 1462.04, shall take
into consideration the zoning of the proposed site, the
financial responsibility of the applicant, and all
pertinent things concerning the proposed application
which may concern the health, safety, morals, well-being
and general welfare of the public, the preservation of
natural resources and the prevention of nuisances and
hazards, and Council shall exercise a reasonable and
sound discretion in the premises.
(b) Any permit for which an application is made, as
provided for in Section 1462.04, shall be denied if it
appears from the investigation thereof that the project
would remove the lateral and subjacent support of the
adjacent land and result in a nuisance dangerous to
public safety, or that it otherwise would in any matter
endanger the public health or morals, prevent the
preservation of natural resources or be detrimental to
the general public welfare.
(Ord. 104. Passed 11-29-69.)
1462.10 OTHER REQUIREMENTS; IN GENERAL.
(a) Any person to whom any permit is issued, as referred
to in Sections 1462.03 et seq., shall comply with the
following:
(1) All vehicles transporting soil or other materials to
or from an excavation, over the public streets of the
Village, shall travel only directly over such route as
may be directed by the Village Engineer to be least
dangerous to public safety, cause the least interference
with general traffic and cause the least damage to the
public streets.
(2) The floor of any such excavation shall not be made
lower than the level thereof as set forth in the
application provided for in Section 1462.04.
(3) Any soil or other material that may be deposited on
any public street or place from any vehicle transporting
such materials to or from any excavation or fill shall
be immediately removed in a manner satisfactory to the
Village Engineer at the expense of the person to whom
the permit to excavate was issued. All roads used for
the purpose of ingress and egress to said excavation or
fill site, which are located within 300 feet of occupied
residences, shall be kept free of dust and mud.
(4) The commercial removal of soil is specifically
prohibited in the Village of Franklin.
(b) The Village Council shall require such other
performance standards where, because of peculiar
conditions, it deems such standards necessary for the
protection of health, safety and morals, the
preservation of natural resources and the well-being of
the citizens of the Village of Franklin.
(Ord. 104. Passed 11-29-69.)
1462.11 OTHER REQUIREMENTS; STRIPPING OPERATIONS.
Any person to whom any permit is issued for soil
stripping operations, under Section 1462.04, shall
comply with the following:
(a) No soil or other material shall be removed below a
point six-inches above the mean elevation of the
centerline of the nearest existing proposed street or
road established or provided by the Village, County or
State, except as required for the installation of
utilities and pavements.
(b) No soil or other material shall be 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
premises shall at all times be graded so that surface
water drainage is not interfered with.
(c) Sufficient topsoil shall be stockpiled on the site
so that the entire site, when stripping operations are
completed, may be re-covered with a minimum of four
inches of topsoil, and the replacement of such topsoil
shall be made immediately following the termination of
the stripping operations. In the event, however, that
such stripping operations continue over a period of time
greater than thirty days, the operator shall replace the
stored topsoil over the stripped areas as he or she
progresses.
(d) The Village Council shall require such other and
further requirements as are deemed necessary in the
interest of the public health, safety, morals,
preservation of natural resources and general welfare of
the citizens of the Village of Franklin. (Ord. 104.
Passed 11-29-69.)
1462.12 OTHER REQUIREMENTS; DUMPING OPERATIONS.
Any person to whom any permit is issued for dumping
operations, under Section 1462.04, shall comply with the
following:
(a) Within thirty days following dumping, a parcel of
land must be graded in such manner as to prevent the
collection of water, to provide proper drainage and to
leave the ground surface fit for the growing of turf and
other land uses permitted in the district.
(b) No soil or other material shall be dumped on the
spillways or flood plains of any natural or artificial
streams or watercourses, or any area between the upper
and lower banks of such streams or watercourses, except
with the approval of the Village Council after a
satisfactory showing that such dumping will not result
in damage to other property within the limits of the
Village of Franklin and will not be detrimental to the
public health, safety, preservation of natural resources
or welfare.
(c) The dumping of waste and rubbish on public or
private property is specifically prohibited by this
chapter and other ordinances of the Village of Franklin.
(Ord. 104. Passed 11-29-69.)
1462.13 UNPROTECTED EXCAVATIONS, HOLES OR PITS;
ABATEMENT OF NUISANCE.
(a) The existence within the limits of the Village of
Franklin of any unprotected, unbarricaded, open or
dangerous excavations, holes or pits, which constitute
or are reasonably likely to constitute a danger or
menace to the public health, safety, morals and
preservation of natural resources, are hereby prohibited
and declared to be a public nuisance, provided, however,
that this chapter shall not prevent the construction of
excavations under a permit issued by the Village of
Franklin where such excavations are protected properly
with warning signs and lights located in such manner as
may be approved by the Village Council, and provided,
further, that this section shall not apply to drains
created or existing by authority of the State of
Michigan, the County of Oakland, the Village of
Franklin, or other governmental agency.
(b) Where the Village Council shall determine that a
nuisance, as herein defined, exists, it shall notify the
owner, as shown on the latest tax rolls, in writing, of
such finding and require the owner to abate such
nuisance within a reasonable time, in no event less than
thirty days.
(c) In the event that no appeal is made within ten days,
the Village Council may abate or cause to be abated such
nuisance, and the cost or reasonable value of such work
shall be placed as an assessment against said property
on the next assessment roll. (Ord. 104. Passed
11-29-69.)
1462.14 REVOCATION AND SUSPENSION OF PERMITS.
Any permit granted pursuant to Sections 1462.03 et seq.
may be revoked or suspended for failure to comply with
any of the provisions of this chapter.
(Ord. 104. Passed 11-29-69.)
1462.15 EXPIRATION OF PERMITS.
In the event that any work for which a permit has been
granted, as provided for in Section 1462.07, is not
commenced within three months from the date of granting
of said permit, or in the event that work is started on
excavations pursuant thereto and said work is abandoned
for a period of three months, said permit shall
automatically expire by limitation and cease to be valid
for any purpose.
(Ord. 104. Passed 11-29-69.)
1462.99 PENALTY; EQUITABLE REMEDIES.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
(a) The imposition of any sentence shall not exempt the
offender from compliance with the requirements of this
chapter.
(b) In addition to all other remedies, including the
penalties provided for in Section 202.99 of these
Codified Ordinances, the Village of Franklin may
commence and prosecute appropriate actions or
proceedings, in a court of competent jurisdiction, to
restrain or prevent any noncompliance with, or violation
of, any of the provisions of this chapter, or to
correct, remedy or abate such noncompliance or
violation.
(Ord. 104. Passed 11-29-69.)
