§ 54-136. Performance standards.

No soil excavation or removal, and no filling of land, or the creation or alteration of waterways, is permitted within the city, unless the following standards are complied with:

(1)

Sound. The pressure level of sounds shall not exceed the following decibel levels when adjacent to the following types of uses:

Sound Level	Adjacent Use	Where Measured
75 dBA	Residential	Common property line
85 dBA	Commercial	Common property line
90 dBA	Industrial and other	Common property line

 

The sound levels shall be measured using a weighted decibel measurement (referenced to 20 micropascals) and with a type of audio output meter approved by the U.S. Bureau of Standards. Objectionable noises due to intermittence, beat, frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

(2)

Vibrations. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of 0.003 of one inch measured at any property line of its source.

(3)

Odors. The emission of noxious, odorous matter in such quantities as to be readily detectable at any point along lot lines, when diluted in the ratio of one volume of odorous air to four or more volumes of clean air, or as to produce a public nuisance or hazard beyond lot lines, is prohibited.

(4)

Gases. The escape of or emission of any gas so as to be injurious, destructive or explosive shall be unlawful and may be summarily caused to be abated.

(5)

Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot line, except during the period of construction of the facilities to be used and occupied.

(6)

Light. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window, and shall be so arranged as far as practical to reflect light away from any residential use, and in no case shall more than one foot candle power of light cross a lot line five feet above the ground in a residential district.

(7)

Smoke, dust, dirt and fly ash. It shall be unlawful to discharge into the atmosphere from any single source of emission whatsoever any air contaminants for a period aggregating more than four minutes in any one-half hour which are:

a.

As dark or darker in shade as that designated as No. 2 on the Ringelmann chart, as published by the United States Bureau of Mines, which is hereby made a part of this article. However, the Umbrascope readings of smoke densities may be used when correlated with the Ringelmann chart. A Ringelmann chart shall be on file in the office of the building department.

b.

Of such opacity as to obscure an observer's view to a degree equal to or greater than the smoke described in subsection (7)a of this section, except when the emission consists only of water vapor. The quantity of gasborne or airborne solids shall not exceed 0.20 grains per cubic foot of the carrying medium at a temperature of 500 degrees Fahrenheit.

(8)

Drifted and blown material. The drifting or airborne transmission beyond the property line of dust, particles or debris from any open stockpile, working areas or unplanted areas shall be unlawful and may be summarily caused to be abated.

(9)

Roads. Roads on landfill and soil excavation sites shall be designed and constructed so that traffic will flow smoothly and will not be interrupted by inclement weather. Nonpaved roads between the site and the nearest paved roads and paved roads off of the site within one-quarter mile of the site entrance which are used by vehicles and/or equipment traveling to or from the site. All roads on site shall not be used unless they are treated by sufficient oil, water and/or chemical substance, whichever would be appropriate for the surface, and frequent enough so that they are dustfree whenever used by vehicles and/or equipment. Roads on site shall mean roads designated on approved plans, and such other areas used by vehicles and/or equipment for travel on a regular basis.

(10)

Mud, dirt, clay, refuse on public roads. The owner and/or permit holder of any site where there is soil removal and/or any filling shall take whatever steps are necessary to avoid any motor vehicle carrying or tracking onto any public right-of-way from the site, any mud, dirt, clay, refuse, etc. If mud, dirt, clay, refuse, etc., is carried or tracked onto a public right-of-way, and it does or might constitute a nuisance or hazard to public safety, the owner and/or permit holder shall clean the right-of-way when and as often as is necessary. In any case, an owner and/or permit holder shall not leave any such debris on a public right-of-way after the end of any working day. If notified during a working day by the city of a condition which requires cleaning, the matter shall be taken care of within one hour. If a nuisance or hazardous condition is left after a working day, or not cleaned up within the one hour after receiving a request from the city, the city may issue a citation for the violation of this section due to the allowance of the condition to remain on the highway, and/or clean the right-of-way, and charge the owner and/or permit holder with the cost thereof, which may be collected in any court having general jurisdiction.

(11)

Hours of operation. Hours of operation shall be 6:00 a.m. to 8:00 p.m. unless otherwise specified by the city council. No operation shall be permitted on Sundays and legal holidays. In emergency situations this time period may be modified by the city building department, provided such emergency order shall not be effective for more than 72 hours.

(12)

Drainage. Natural drainage shall not be blocked or diverted in such a manner as to cause the natural water flow to back up onto adjacent property, or to flow in a different course upon leaving the property upon which the blocking or diversion occurs, unless an application is made and a permit is issued by the building department pursuant to plans which provide for a drainage flow which will not be detrimental to surrounding properties.

(13)

Floodplain, watercourse and wetlands. There shall be no excavation, soil removal, filling or depositing of materials in any floodplain, watercourse and/or wetlands (such terms to be defined by the state department of natural resources) without a permit.

(14)

Radioactive materials. The depositing of radioactive materials in any landfill operation shall be prohibited.

(15)

Soil erosion. If a soil erosion permit is required by Act No. 347 of the Public Acts of Michigan of 1974 (MCL 331.72 et seq., MSA 14.1220(42) et seq.), as amended, no operation shall take place until a permit has been obtained. There shall be compliance at all times with the requirement of the soil erosion permit.

(Ord. No. 260, § 7, 8-28-78)

Cross reference

Environment, ch. 34.