Until recent years, the regulation of all uses of land and structures through zoning has been accomplished by assigning each use to one or more use districts. However, the functions and characteristics of an increasing number of new kinds of land uses combined with conclusive experience regarding some of the older, more familiar kinds of uses call for a more flexible and equitable procedure for properly accommodating these activities in the community. It should be recognized that the forces that influence decisions regarding the nature, magnitude, and location of such types of land use activities are many and varied depending upon functional characteristics, competitive situations and the availability of land. Rather than assign all uses to special, individual, and limited zoning districts, it is important to provide controllable and reasonable flexibility in requirements for certain kinds of uses that will allow practicable latitude for the investor, but that will, at the same time, maintain adequate provision for the security of the health, safety, convenience and general welfare of the community's inhabitants.

In order to accomplish this dual objective, provision is made in this ordinance not only for flexibility in individual district regulations, but also for a more detailed consideration of certain specified activities as each may relate to proposed conditions of location, design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors. Land and structure uses possessing these particularly unique characteristics are designated as special uses and may be authorized by the issuance of special use permit with such conditions and safeguards attached as may be deemed necessary for the protection of the public welfare.

The following sections, together with previous references in other articles, designate what uses require a special use permit. With any exception noted, the procedures for obtaining such a permit apply to all special uses indicated.

A.

Applicant. Any person owning or having an interest in the subject property may file an application for one or more special use permits provided for in this ordinance in the zoning district in which the land is situated.

B.

Application. Applications shall be submitted through the township clerk to the planning commission. Each application shall be signed by the property owner and accompanied by the payment of a fee in accordance with the duly adopted "Schedule of Fees" to cover costs of processing the application. No part of any fee shall be refundable.

C.

Data required in application. Every application shall be accompanied by sufficient copies of the following information and data:

1.

Special form supplied by the township clerk filled out in full by the applicant.

2.

Sketch plan as specified in section 20.03.

3.

Site plan, containing information specified in section 20.03.

4.

Preliminary plans and outline specifications of the proposed development, if applicable.

5.

A statement with supporting evidence regarding the required findings specified in section 19.04.

6.

For marihuana establishments only, a statement with supporting evidence showing issuance of conditional approval by the township board.

D.

[Copies.] Upon receipt of such materials by the clerk, the township shall transmit one copy to each of the following agencies considered to be impacted or affected by the land use request for their review and comment, e.g., county drains — Clinton County Drain Commissioner; curb cut access — Clinton County Road Commission, etc.:

1.

Clinton County Road Commission.

2.

Mid-Michigan District Health Department.

3.

Clinton County Drain Commissioner.

4.

Clinton County Department of Planning and Zoning.

5.

School district—Superintendent of schools, (Bath, Laingsburg or Haslett).

6.

Fire chief.

7.

Police chief.

The clerk shall transmit the remaining copies of the preliminary site plan to the planning commission for their review. The planning commission, upon receiving the comments of the above affected agencies, shall proceed with a public hearing on the request.

(Ord. No. 31.68, § 4, 4-19-2021)

A.

Planning commission public hearing. The planning commission shall review the application at its next regular meeting following filing and shall set a date for public hearing within 45 days thereafter. The township clerk shall cause to be published one notice of public hearing, not less than 14 days nor more than 30 days in advance of such hearing and shall notify by regular mail or personal delivery the parties of interest and all property owners within 300 feet of the subject property. Such notice shall describe the nature of the request, indicate the property involved; state the time and place of the hearing; and indicate when and where written comments will be received concerning the request.

B.

Planning commission recommendations and permit approval. Upon conclusion of such hearing procedures, for all matters not strictly involving a home business permit, the planning commission shall transmit a written recommendation within 60 days to the township board setting forth the reasons for the acceptance, denial or modification of the special use permit application. Such recommendations shall be forwarded to the township clerk. In matters involving a home business permit, the planning commission is the entity responsible for determining whether to approve, deny or approve with conditions the special use permit sought for the home occupation.

C.

Township board action. Upon receipt of the planning commission recommendation, the township board shall consider the special use permit application at its next regular meeting. The township board shall accept or reject the application based upon materials received and testimony recorded at the public hearing. Following favorable action by the township board, the clerk shall issue a special use permit, subject to site plan review and/or other conditions as have been placed on such permit by the planning commission and township board. All conditions shall be clearly specified in writing.

(Ord. No. 31.37, § 15, 4-19-2010; Ord. No. 31.51, § 1, 8-3-2015; Ord. No. 31.84, § 3, 7-17-2023)

The planning commission shall review the particular facts and circumstances of each proposal in terms of the following standards and shall find adequate evidence showing that the proposed use:

A.

Will be harmonious with and in accordance with the general objectives or with any specific objectives of the comprehensive development plan of current adoption;

B.

Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area;

C.

Will not be hazardous or disturbing to existing or future neighboring uses;

D.

Will be a substantial improvement to property in the immediate vicinity and to the community as a whole;

E.

Will be served adequately by essential public facilities and services; such as highways, streets, police and fire protection, drainage structures, refuse disposal, or schools; or that the persons or agencies responsible for the establishments of the proposed use shall be able to provide adequately any such service;

F.

Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

G.

Will not involve uses, activities, processes, materials and equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

H.

Will be consistent with the intent and purposes of this ordinance.

A.

Prior to granting any special use permit, the township board may impose any additional conditions or limitations upon the establishment, location, construction, maintenance or operation of the use authorized by the special use permit as in its judgment may be necessary for the protection of the public interest. Conditions imposed shall further be designed to protect natural resources, the health, safety and welfare, as well as the social and economic well-being of those who will utilize the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity and the community as a whole; and be consistent with the general standards as established in this ordinance and therefore be necessary to meet the intent and purpose of the regulations contained therein.

B.

Conditions and requirements stated as part of special use permit authorization shall be a continuing obligation of special use permit holders. The zoning administrator shall make periodic investigations of developments authorized by special use permit to determine compliance with all requirements.

C.

Special use permits may be issued for time periods as determined by the township board. Special use permits may be renewed in the same manner as originally applied for.

D.

In authorizing a special use permit, the township board may require that a cash deposit, certified check, bond or other financial guarantee acceptable to the township, of ample sum be furnished by the developer to insure compliance with such requirements as drives, walks, utilities, parking, landscaping and the like. The financial guarantee shall be deposited with the township clerk at the time of issuance of the permit authorizing the use or activity. As work progresses, the township board may authorize a proportional rebate of the financial guarantee upon completion of significant phases or improvements; see article XX.

E.

A special use permit shall terminate when:

(1)

A condition of the issuance of the special use permit included an expiration date, and that date is reached; or

(2)

Violation of conditions imposed by the special use permit continue to exist more than 30 days after an order to correct has been issued; or

(3)

A site plan application meeting the requirements of sections 20.03 (procedures for site plan review) and 20.04 (standards for site plan review) of this chapter has not been submitted within one year of the date of issuance of the special use permit; or

(4)

Implementation of a final site plan has not occurred within one year of the date of final site plan approval.

With regard to subsections E(2), E(3) and E(4) of this section, the township board of trustees may grant an extension upon receipt of a written request, for good cause for such extension being shown.

F.

All plans, specifications and statements submitted with the application for a special use permit shall become, along with any changes ordered by the township board, a part of the conditions of any special use permit issued thereto.

G.

No application for a special use permit which had been denied wholly or in part of the township board shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions found to be sufficient to justify consideration by the township board.

H.

The foregoing general standards are basic to all special uses; and the specific requirements accompanying the following sections relating to particular uses are in addition to and shall be required in all applicable situations.

(Ord. No. 31.32, § 8, 10-20-2003)

Recourse for a person considering himself aggrieved by a decision of the township board in the granting or denial of a special use permit shall be to the Circuit Court of Clinton County as provided by law.

A.

General standards. Inasmuch as the non-residential uses permitted in residential districts may have an adverse effect on residential properties if not properly located and designed, the following general standards must be met prior to development of such uses:

(1)

Hazardous areas must be adequately fenced to avoid accidents, such areas include public utility substations.

(2)

Any permitted non-residential structure should preferably be located at the edge of a rural or low-density residential district, abutting a D, H or M district, or a public open space.

(3)

If possible, all permitted non-residential uses should front on a major street (minor arterial or collector).

(4)

Motor vehicle entrance and exit should be made on a major street to avoid the impact of traffic generated by the non-residential use upon the residential area.

(5)

Site locations should be chosen which offer natural or man-made barriers that would lessen the effect of the intrusion of a non-residential use into a residential area.

(6)

Non-residential uses should not be located so as to cause costly public improvements.

(7)

Non-residential structures shall be located no closer than 100 feet to adjacent property lines.

A.

Intent. It is the intent of this section to provide for an added degree of flexibility in the placement and interrelationship of buildings and uses, encourage a more creative approach to development, and furnish a beneficial and productive means to design development plans within the township. Such criteria are further intended to:

1.

Promote the efficient and thoughtful use of the land by providing a balanced land use pattern for residential, business, industry, and community facilities that is harmonious with surrounding uses;

2.

Preserve existing natural assets, such as stands of trees, floodplain, open fields and the like;

3.

Provide flexibility in overall development while ensuring adequate safeguards and standards for public health, safety, convenience, and general welfare;

4.

Encourage a diversity of uses and mixed uses where appropriate;

5.

Provide for better design and planning of land uses by making the geography and environment of the area the standards and determinants of design, rather than the singular enforcement of lot sizes and standard setbacks; and

6.

Maintain the high degree of quality control necessary to preserve and improve the character of the township.

B.

General requirements, restrictions and standards.

1.

Minimum project area. Minimum project area allowable for a PUD shall be 3 acres. This requirement may be waived by the planning commission if not deemed necessary to ensure the objectives of this section, subject to final approval by the township board.

2.

Location. Generally, PUD's are allowed in all zoning districts. Restrictions on uses allowed within a PUD depend on the underlying zoning of the parcel and the uses permitted in that zoning district.

3.

Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:

(a)

All uses permitted in the district for which the PUD is approved.

(b)

Any additional uses which can be shown to be compatible with the general objectives of the township's comprehensive plan as well as integral to the specific PUD scheme in which they are contained. For the purpose of this section, an integral use shall be defined as a use which has a specific functional relationship with other uses contained in the development, as for example, a day care center which serves primarily the needs of residents of the development.

4.

Performance objectives:

(a)

The planning commission or township board may determine that certain requirements be reduced or increased within all or a portion of the perimeter of the site, and shall determine the suitability of the total development plan in accordance with the purpose clause of this section. The requirements that the planning commission may increase or decrease are setbacks, dwelling types, building height, road frontage, number of parking spaces required, use restrictions, and other standards as the planning commission deems necessary.

(b)

In the case of a mixed-use structure within the PUD, the ground floor shall generally contain only commercial and other non-residential uses, with residential uses allowable on upper floors; accessible residential units shall be allowed on the ground floor. Where residential uses are included, the plan must demonstrate a sustainable plan for harmony between residential and non-residential uses. Non-residential uses will not be permitted on the same floor as or above residential uses.

(c)

Land usage. The approximate location of structures, shown on the conceptual development plan, shall be so arranged as not to be detrimental to existing or proposed structures within the development or the surrounding properties. Designs should include features demonstrating efforts to mitigate any potential negative impacts of the PUD on surrounding properties.

(d)

Streets. All streets within the proposed PUD shall be improved to township and County Road Commission standards and specifications. All streets abutting the PUD which provide access to the PUD must be improved to county standards and specifications.

(e)

Access. Every structure or dwelling unit shall have access to a public street. Walkways and other common use areas shall be accessible to every structure or dwelling unit.

(f)

Utilities. All utilities within a PUD shall be placed underground, unless such a requirement is determined to be infeasible by the planning commission or township board. If total underground utility installation is not possible, any above-ground utilities shall be placed in the most unobtrusive manner possible, with as much of the utility as possible being placed underground. Provisions shall be made for construction of storm sewer facilities including grading, gutters, piping, and treatment of turf to handle storm waters, and to prevent erosion and the formation of dust. This could include the establishment of retention basins in order to minimize stormwater runoff.

(g)

Off-street parking. Parking convenient to all dwelling units and other uses, shall be provided pursuant to the minimum requirement of article XVII of this ordinance unless otherwise permitted by the planning commission. When possible, parking shall be placed in the rear of structures to shield it from the street and improve aesthetics. Common driveways, parking areas, walks and steps may be required together with appropriate lighting, in order to ensure the safety of the occupants and the general public. Screening of parking and service areas may be required through use of trees, shrubs, hedges or screening walls.

(h)

Privacy. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise.

(i)

Development concept. All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. Arrangement of buildings shall be done in such a way to utilize natural topography, existing vegetation and views within and beyond site.

(j)

Pedestrian circulation. The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from vehicular movement.

(k)

Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; additional new landscaping shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.

(l)

Screening and buffering. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features. Appropriate screening along the perimeter of the PUD, or parking and service areas, shall be added if deemed necessary by the planning commission.

5.

Density. The density (dwelling units per acre) in a PUD shall not exceed the allowed dwelling units per acre for the zoning district in which it is located. When more than one zoning district is involved, the density of the project will be the average of the zoning districts, weighted in direct proportion to the size of the property within the project in each zoning district. Only one-half of the total portion of the site comprised of floodplain, swamps, (wetland) or a water body, may be used in the calculation of densities of a project. The planning commission shall have the ability to adjust the limit on dwelling units per acre within a particular project as they deem appropriate. In general, the following limits on dwelling units per acre shall apply:

(a)

Rural (R) - 0.5 dwelling units per acre.

(b)

Low Density Residential (LDR) - 2 dwelling units per acre.

(c)

Medium Density Residential (MDR) - 4 dwelling units per acre.

(d)

High Density Residential (HDR) - 7 dwelling units per acre.

(e)

Development (D) - 4 dwelling units per acre.

(f)

High Density Development (HDD) - 7 dwelling units per acre.

6.

Bonus densities. The township board may approve PUDs developed at densities in excess of the allowed maximum, when the developer can compensate for the increased densities by providing unique and extraordinary amenities, incorporating special site planning and landscape design techniques or preserving substantial areas of natural assets. Increased densities permitted through various bonus density provisions shall be cumulative, but not exceed 50 percent. Criteria for reviewing bonus density requests shall include:

(a)

Design. Up to 15 percent for distinctiveness and desirable variations in design, including landscaping, siting and design features.

(b)

Open space. Common open space amenities, including up to 15 percent for dedicated public open space, ten percent for commercial recreation (golf course, etc.), or open space in excess of the stated requirements.

(c)

Natural assets. Preservation or provision of unique amenities, including up to five percent for woodlot preservation or provision of a permanent pond, both of which must be 20,000 square feet or larger in size.

7.

Open spaces. A PUD site must contain a minimum of 30 percent of the total land area of the project as open space, as defined under section 19.08(A)(2)(g), including, but not limited to gathering spaces, gardens, courtyards, pavilions, pocket parks, or similar open areas. "Common open space" does not include proposed street rights-of-way, open parking area, or commercial areas. The planning commission may adjust the percentage of open space required as deemed necessary.

(a)

All landscaped areas shall be maintained in a healthy condition and kept free of refuse and debris. Dead, diseased, or missing vegetation shall be replaced within 30 days or as soon as weather permits.

(b)

All common open space shown on the final site plan must be reserved or dedicated by lease or conveyance of title to a corporation, association or other legal entity, or by reservation by means of a restrictive covenant. The terms of such lease or other instrument must include provisions guaranteeing the continued use of such land for the purposes intended and for continuity of proper maintenance of those portions of the open space land requiring maintenance.

(c)

Roads and drives may be located within the required open space; however, open space land shall not be occupied by required parking.

8.

Circulation facilities. The arrangements of public and common ways for pedestrian and vehicular circulations shall be coordinated with other existing or planned streets in the area.

C.

Procedures:

1.

Applications. Applications shall be submitted through the township clerk to the planning commission; see section 19.02.

2.

Preliminary review. Preliminary review for special use permit:

(a)

In addition to those requirements set forth in section 19.02, the developer must submit the following for the initial phase of project review:

1)

A development plan, drawn to a readable scale, of the total property involved showing its location in the township and its relationship to adjacent property.

2)

A site plan indicating the proposed types and location of dwelling units and the anticipated population density associated with each type as well as the entire project.

3)

A site plan indicating the location and purpose of all non-residential structures, traffic circulation, parking layout and pedestrian pathways.

4)

A site plan showing the acreage, nature and location of common open space, and a general statement as to the means by which the development will guarantee its continuity and maintenance.

3.

Final review. Final review for special use permit:

(a)

Prior to receiving final approval, the developer must submit the following to the planning commission for their review:

1)

A site plan indicating engineering recommendations for water, sanitary sewer, storm drainage, natural gas, electric and telephone systems.

2)

A site plan indicating recommendations for road alignments, with provisions for dealing with topography and soil conditions.

3)

A site plan indicating existing contours and the final topographic conditions proposed for the site after grading.

4)

A detailed landscaping plan.

5)

A specific schedule of the intended development and construction details, including phasing or timing as they relate to open space, recreational features, common use areas, utilities and screening requirements.

(b)

Following receipt and review of the application, the planning commission shall make and transmit a recommendation to the township board. Before approval or denial of the application the township board shall hold at least one public hearing regarding said application. Notice of the public hearing shall be given as provided in section 19.03 as to public hearings before the planning commission.

(c)

Within a reasonable time following the public hearing, the township board shall deny, approve or approve said application with conditions. The township board shall state its conclusions, decision and basis for that decision and the basis for conditions imposed, if any, pursuant to section 503(7) of the Zoning Enabling Act (MCL 125.3503).

4.

Commencement and construction. The applicant shall commence construction for an approved PUD within one year following recording of approved final plat or special use permit if no plat is necessary. Failure to do so will invalidate the permit. The applicant may request one extension for not more than one year from the township board, providing such request is received prior to the expiration of the original permit.

(Ord. No. 31.37, § 16, 4-19-2010; Ord. No. 31.66, § 1, 1-4-2021)

State Law reference— PUDs, MCL 125.286c, 125.286d.

A.

Intent. It is the intent of this section to provide for the establishment of planned shopping centers which can efficiently serve day-to-day shopping needs. Consolidation of convenience shopping facilities into planned shopping centers is encouraged in order to avoid strip commercial development, lessen traffic conflicts and improve the safety convenience of customers. Consolidation is also encouraged in order to economically provide for the appropriate landscape buffers needed to protect property values in adjacent areas. The regulations and conditions contained in this section are designed to insure that planned shopping centers will be developed at locations which will most efficiently serve the shopping needs of the community.

B.

Retail and office uses. Retail and office uses permitted in H district would be permitted in planned shopping centers.

C.

Site development standards.

(1)

Located in accordance with Bath Township's Comprehensive Development Plan.

(2)

Motor vehicle entrance and exit shall be only from a major street (minor arterial or collector).

(3)

Where possible, existing trees on the site shall be preserved. In addition, new landscaping shall be added to enhance the beauty of the development. A landscaping plan shall be included with the site plan.

A.

Intent. It is the intent of this section to provide standards for automobile service stations and commercial garages. Generally, automobile service stations will be located adjacent to arterial or collector streets and intended to serve residential neighborhoods. Commercial garages shall be located near high volume arterial highways.

B.

Permitted uses:

(1)

The following uses may be permitted in conjunction with automobile service stations:

(a)

Retail sales of gasoline, oil and similar products.

(b)

Automobile washing.

(c)

Automobile maintenance.

(2)

The following uses may be permitted in conjunction with commercial garages:

(a)

Automobile towing, including parking of a wrecker and operative vehicles waiting for immediate repair.

(b)

Parking and storage of inoperative vehicles, provided that such parking or storage area shall be within an enclosed building or shall be screened by an opaque fence not less than six feet in height.

(c)

Automobile body repairs.

C.

Site development standards:

(1)

The township board shall only issue special use permits for automobile service stations and commercial garages which comply with the following site development standards:

(a)

The minimum site size shall be 15,000 square feet and, in addition, the following:

1)

Gasoline service stations shall have 500 square feet of site area for each additional pump over four, and 1,000 square feet of site area for each additional vehicle storage space.

2)

Commercial garages shall have 1,000 square feet of site area for each additional service bay over two. There shall also be 300 square feet of additional site area for each space intended for storage of inoperable vehicles.

(b)

The minimum site width and contiguous lot frontage shall be 150 feet.

(c)

All points of entrance or exit for motor vehicles shall be no closer than 30 feet from the intersection of the right-of-way lines for those streets on which it fronts. Points of entrance or exit for motor vehicles shall be no closer than 20 feet from any adjacent property line. The minimum driveway width at the curb line shall be 22 feet and the maximum driveway width at the curb line shall be 30 feet. The minimum width of access drive shall be 16 feet. The angle of intersection of the centerline of any driveway with the centerline of the street shall not be less than 60 degrees unless separate acceleration and deceleration lanes are provided.

(d)

A buffer strip not less than 20 feet wide shall be developed adjacent to all automobile service station and commercial garage site property lines. This buffer strip shall be graded with a berm at least three feet above the highest ground elevation within 25 feet of the buffer strip. Berm slopes shall be sufficiently gradual to prevent erosion. The berm shall be continuous along that portion of the buffer strip which abuts adjacent property, except that it need be developed only along 30 percent of the buffer strip laying adjacent to thoroughfare right-of-way. The berm shall be designed and located so as not to interfere with the safety of persons or vehicles entering or leaving the area.

(e)

All equipment including hydraulic hoists, pits, and oil lubrication, greasing and automobile washing, repairing equipment and body repair shall be entirely enclosed within a building. Any such portion of a building containing auto body shop or washing areas shall consist of a solid masonry wall or equivalent, approved by the zoning administrator, with no openings other than those required for access. There shall be no outdoor storage of merchandise such as tires, lubricants and other accessory equipment except that outdoor trash storage may be provided in a properly screened container.

(f)

All activities, except those required to be performed at the fuel pump, shall be carried on inside a building. All vehicles upon which work is performed shall be located entirely within a building.

(g)

There shall be no aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gas.

(Ord. No. 31.75, § 11, 5-2-2022)

A.

Intent. It is the intent of this section to provide development regulations for drive-in or fast food restaurants which potentially present special problems in their relationships to adjacent uses and traffic patterns in the districts in which they are permitted.

B.

Site development standards:

(1)

The township board shall only issue special use permits for drive-in restaurants which comply with the following site development standards:

(a)

The minimum site size shall be 20,000 square feet.

(b)

The minimum contiguous lot frontage and lot width shall be 150 feet.

(c)

All points of entrance or exit for motor vehicles shall be no closer than 30 feet from the intersection of the right-of-way lines of two streets and no closer than 20 feet from an adjacent property line. The minimum driveway width at the curb line shall be 30 feet. No more than two driveway approaches shall be permitted on any street frontage.

(d)

The outdoor space used for parking and vehicle stacking shall be hard surfaced and adequately drained.

(e)

All areas used for the storage of trash and rubbish shall be enclosed on at least three sides by a structure, with the fourth side or access point having a view-obstructing door.

(f)

Drive-in restaurant management shall provide adequate trash and litter containers, and policing for the parking lot and the shoulders of adjacent roadways. These areas shall be completely cleared of accumulated debris as often as necessary.

(Ord. No. 31.75, § 11, 5-2-2022)

A.

Intent and purpose. It is the intent and purpose of this section to establish regulations and concepts for placement of wireless communication towers and antennas. In this regard, it is the township's desire to protect residential areas and land uses from potential adverse impacts of such towers and antennas; and encourage the location of towers in non-residential areas, minimize the total number of towers throughout the township, encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single use towers; encourage owners and users of such facilities to place same to the extent possible in areas where adverse impact on the township is minimized; to encourage owners and users of such facilities to adopt designs and configurations that minimize the adverse visual impact of said facilities, including, but not limited to, siting, landscape, screening, camouflage technique and coloration; to enhance the ability of providers of telecommunication services to provide such services to users within the township; to consider public health and safety; and avoid potential damage to adjacent properties from tower failure through engineering and site selection.

B.

As used in this ordinance, the following terms shall have the meanings as set forth below:

(1)

Alternative tower structure means man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

(2)

Antenna means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

(3)

Backhaul network means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching office(s), and/or long distance providers, or the public switched telephone network.

(4)

FAA means the Federal Aviation Administration.

(5)

FCC means the Federal Communications Commission.

(6)

Height when referring to a tower or other structure, means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

(7)

Preexisting towers and preexisting antennas means any legally existing tower or antenna prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

(8)

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

C.

Applicability.

(1)

New towers and antennas. All new towers and antennas in the township shall be subject to these regulations, except as provided in [sub]sections (2) through (4) of this [sub]section C, inclusive.

(2)

Amateur radio station and antennas capable of reception only. This ordinance shall not be deemed to be applicable to any tower or installation of any antenna that is owned and operated by a federally licensed amateur radio station operator, or is used exclusively for receive-only antennas.

(3)

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of sections D(6) and (7).

(4)

AM array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

D.

General requirements:

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(2)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including, but not limited to, setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even through the antennas or towers may be located on leased parcels within such lot.

(3)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the township or within an adjacent municipality that provides service within Bath Township, including specific information about the location, height and design of each tower. The zoning administrator may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the township; provided, however, that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(4)

Aesthetics. Towers and antennas shall meet the following requirements:

(a)

Towers shall be of monopole construction only unless the applicant can demonstrate that a lattice (non-guyed) tower is the only structure feasible based upon engineering criteria. Towers shall maintain a galvanized steel finish or, subject to applicable FAA standards, be painted a neutral color so as to reduce visible obtrusiveness.

(b)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

(c)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(5)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(6)

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless, a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(7)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(8)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the township irrespective of municipal and county jurisdictional boundaries.

(9)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this ordinance and shall not be regulated or permitted as essential services, public utilities or private utilities.

(10)

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the township have been obtained and shall file a copy of all required franchises with the zoning administrator.

(11)

Public notice. For purposes of this ordinance, any special use request, variance request or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in section F(2)(g)(i) and (ii), in addition to any notice otherwise required by this ordinance.

(12)

Signs. No signs shall be allowed on an antenna or tower.

(13)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of section H.

(14)

Multiple antenna/tower plan. The township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

E.

Administratively approved uses.

(1)

General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

(a)

The zoning administrator may administratively approve the uses listed in this section.

(b)

Each applicant for administrative approval shall apply to the zoning administrator providing the information set forth in sections F(2)(b) and F(2)(d) of this ordinance [section] and a nonrefundable fee as established by resolution of the township board to reimburse the township for the costs of reviewing the application.

(c)

The zoning administrator shall review the application for administrative approval and determine if the proposed use complies with sections D and F(2)(d), (e), (f) and (g).

(d)

The zoning administrator shall respond to each such application within 60 days after receiving it by either approval or denying the application. If the zoning administrator fails to respond to the applicant within said 60 days, applicant may apply to the township board for action within the following 30 days.

(e)

In connection with any such administrative approval, the zoning administrator may, in order to encourage shared use, administratively waive any zoning district setback requirements in section F(2)(f) or separation distances between towers in section F(2)(g) by up to 50 percent.

(f)

In connection with any such administrative approval, the zoning administrator may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(g)

If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to section F prior to filing any appeal that may be available under this ordinance.

(2)

List of administratively approved uses. The following uses may be approved by the zoning administrator after conducting an administrative review:

(a)

Locating an antenna, including the placement of additional buildings or other supporting equipment used in connection with said antenna, in the R rural, D development, P public lands, and HDD high-density development zoning districts.

(b)

Locating antennas on existing structures or towers consistent with the terms of subsections 1) and 2) below.

1)

Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the zoning administrator as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units, provided:

(i)

The antenna does not extend more than 30 feet above the highest point of the structure;

(ii)

The antenna complies with all applicable FCC and FAA regulations; and

(iii)

The antenna complies with all applicable building codes.

2)

Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the zoning administrator and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(i)

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning administrator allows reconstruction as a monopole;

(ii)

Height:

(a)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna.

(b)

The height change referred to in subsection (iii)(a) may only occur one time per communication tower.

(c)

The additional height referred to in subsection (iii)(a) shall not require an additional distance separation as set forth in section 6[B(6)]. The tower's pre-modification height shall be used to calculate such distance separations.

(iii)

Onsite location.

(a)

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within 50 feet of its existing location.

(b)

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(c)

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculation separation distances between towers pursuant to section F(2)(g). The relocation of a tower hereunder shall in no way be deemed to cause a violation of section F(2)(g).

(d)

The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in section F(2)(g) shall only be permitted when approved by the zoning administrator.

F.

Special use permits:

(1)

General. The following provisions shall govern the issuance of special use permits for towers or antennas by the township board:

(a)

Applications for special use permits under this section shall be subject to the procedures and requirements of article XIX of this ordinance, except as modified in this section.

(b)

In granting a special use permit, the township board may impose conditions to the extent the board considers such conditions to be necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(c)

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

(d)

An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the township board to reimburse the township for the costs of reviewing the application.

(2)

Towers.

(a)

New towers. Locating any new tower shall require heights and collocation as follows:

(i)

For a single user, up to 75 feet in height.

(ii)

For two users, towers of 75 feet and less than 90 feet in height; and

(iii)

For three users, towers of 90 feet and not more than 120 feet in height.

(b)

Information required. In addition to any information required for applicants for special use permits pursuant to article XIX of this ordinance, applicants for a special use permit for a tower shall submit the following information:

(i)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including adjacent land users in other municipalities), comprehensive development plan classification and zoning classification of the site and all properties within the applicable separation distances set forth in section F(2)(g), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the zoning administrator to be necessary to assess compliance with this ordinance.

(ii)

Legal description of the parent tract and leased parcel (if applicable).

(iii)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(iv)

The separation distance from other towers described in the inventory of existing sites submitted pursuant to section D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(v)

A landscape plan showing specific landscape materials.

(vi)

Method of fencing, and finished color, and, if applicable, the method of camouflage and illumination.

(vii)

A description of compliance with sections D(3), (4), (5), (6), (7), (10), (12), and (13) and F(2)(f) and F(2)(g) and all applicable federal, state or local laws.

(viii)

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(ix)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(x)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(xi)

A description of the feasible location(s) of future towers or antennas within the township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(c)

[Technology not requiring towers.] Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

(d)

[Criteria for permit issuance.] Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to article XIX of this ordinance, the planning commission and township board shall consider the following factors in determining whether to issue a special use permit, although the township board may waive or reduce the burden on the applicant of one or more of these criteria if the township board concludes that the goals of this ordinance are better served thereby:

(i)

Height of the proposed tower;

(ii)

Proximity of the tower to residential structures and residential district boundaries;

(iii)

Nature of uses on adjacent and nearby properties;

(iv)

Surrounding topography;

(v)

Surrounding tree coverage and foliage;

(vi)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(vii)

Proposed ingress and egress; and

(viii)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in section F(2)(e) of this ordinance.

(e)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the township board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning commission and township board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(i)

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements;

(ii)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

(iii)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

(iv)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

(v)

The fees, costs or contractual provisions required by the owner in order to share an existing tower or to adapt an existing tower or structure for sharing [are] unreasonable. Costs exceeding new tower development are presumed to be unreasonable;

(vi)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(f)

Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the township board may reduce the standard setback requirements if the purpose and goals of this ordinance would be better served thereby:

(i)

Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

(ii)

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(g)

Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the township board may reduce the standard separation requirements if the purpose and goals of this ordinance would be better served thereby.

(i)

Separation from off-site uses/designated areas.

(a)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in table 1, except as otherwise provided in table 1.

(b)

Separation requirements for towers shall comply with the minimum standards established in table 1.

Table 1

1.

Includes modular homes and mobile homes used for living purposes.

2.

Separation measured from base of tower to closest building setback line.

3.

Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.

(ii)

Separation distances between towers.

(a)

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The minimum separation distance for towers of 75 feet or less shall be one mile; for towers in excess of 75 feet not to exceed 90 feet, separation distance shall be 1.25 miles; and in excess of 90 feet but not to exceed 120 feet, the separation distance shall be 1.5 miles.

(h)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the township board may waive such requirements as it deems appropriate.

(i)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the township board may waive such requirements if the purpose and goals of this ordinance would be better served thereby.

(i)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

(ii)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced, waived or postponed and the special use permit may require installation of landscaping at a later date based upon changes in surrounding area land use.

(iii)

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

G.

Buildings or other equipment storage. Buildings to house equipment used in association with antennas or towers shall not exceed there 360 square feet in floor area and nine feet in height for each user. Provided, however, upon good cause shown, the planning commission may allow a larger structure if necessary to serve the particular tower or number of users. Equipment cabinets utilized for antennas mounted on structures, rooftops, utility poles, light poles or similar facilities shall be no larger than necessary to serve each user of said antenna.

H.

Removal of abandoned antennas and towers. The tower owner shall advise the township of discontinuance of tower use or abandonment within 60 days of such discontinuance. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the township to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The township may, as a condition for approval, require a financial guarantee in the form of a performance bond, cash deposit or irrevocable letter of credit to provide sufficient funds for removal of abandoned towers and buildings associated therewith.

I.

Non-conforming uses:

(1)

No expansion of non-conforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure.

(2)

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this ordinance.

(3)

Rebuilding damaged or destroyed non-conforming, towers or antennas. Notwithstanding section I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback and separation requirements specified in sections F(2)(f) and F(2)(g). The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as set forth in section 8.

J.

Final determinations, written decision. No determination rejecting a request to place, construct or modify personal wireless facilities, including wireless communication towers, shall be final until a written decision is adopted by the township entity which made the decision.

(Ord. No. 31.23, § 1, 4-11-1999)

A.

Intent and Purpose. It is the intent of this section to provide adequate regulations for Mining Operations which will serve the following purposes: to safeguard the health, safety, and welfare of the community; to ensure that Mining Operations shall be situated in compatible locations in relation to other land uses; to encourage sustainable practices in regard to the use of lands and natural resources in the Township; and to reduce hazards to life and property.

The following provisions of this ordinance are intended to make applicants aware that all sand and gravel pit or quarrying operations require the submission of a detailed proposal of the Mining Operation and activities to be conducted.

B.

Applicability of Regulations. If the proposed Mining Operation does not contain on-site processing, then the planning commission shall determine which, if any, of the requirements detailed under subsections C through G shall apply. For all other Mining Operations, the requirements under subsections C through G shall apply as specified.

C.

Additional Standards for Site Plan Approval for Mining Operations. In addition to standards required by Section 20.04 for a site plan in general, Mining Operations shall be required to address the following additional site plan standards:

(1)

Fencing and gates. To the extent that it is deemed necessary by the Planning Commission, the development shall be enclosed by a fence not less than five feet high. Such fences shall be placed no closer than 50 feet from the bottom of any slope. A suitable gate shall be installed at the access point to the site from a public highway. Entrances and exits shall be securely locked during hours when not in operation.

(2)

Road Access and Entranceways. There shall not be more than one entranceway from a public road to the Mining Operation site for each 100 feet of public road frontage. Entranceways shall be no closer than 300 feet for roads 35 mph and less or 500 feet for roads greater than 35 mph to the intersection of the right-of-way of any two public streets. The Planning Commission at its discretion shall have the authority to adjust these entranceway distances for matters of public safety and environmental concerns. All sites permitted under the provisions of this Section shall have direct access to a County road having a minimum right-of-way width of 66 feet. A paved road from the entrance and exit, a distance of not less than 100 feet from the right-of-way line into the area of operation shall be provided in order to minimize the deposit of dirt and gravel from trucks onto the public highway, with at least 150 feet of crushed rock surface before the paved portion. When the permitted operation results in the mined material, overburden and/or similar material being deposited or spilled upon the public roadway, it shall be the responsibility of the applicant to remove such material immediately. All other requirements of the Clinton County Road Commission regarding Commercial Drive Permits must also be satisfied. In the event of a conflict between the Road Commission's requirements and this section, the greater requirement shall prevail.

(3)

Screening. All active mining excavations shall be visually screened at ground level year-round from the view of a person standing on the paved portion of the public highway or from the lot line of adjacent parcels. The following methods are acceptable for screening of mining areas:

(a)

Construction of a raised earth berm area on the mining site along boundary lines thereof where such lines abut a public highway or abut privately owned property which is improved and occupied for residential purposes. The berm shall be sufficient in length and height to screen the mining area but in no case shall be less than five feet in height. During the first planting season following the placement of the berm, and as often as may be necessary to assure the existence of a vegetative ground cover, the applicant shall seed or plant the berm in a manner suitable for the area and soil conditions so as to provide vegetation to check erosion and to provide a visible ground cover substantially similar to the vegetation cover growing in adjacent properties. Where the topography of the area acts as a screen, the Township Board may waive the berm requirement. The berm shall have slopes not in excess of one foot vertical to two feet horizontal.

(b)

Planting of coniferous trees along the boundaries of the property with sufficient rows and depth to permit effective screening of the mining area.

(c)

To the extent that the foregoing is not practical or appropriate, the applicant may submit alternate proposals.

(d)

The amount and extent of required screen shall be reasonable and practical as determined by the Township Board.

(4)

Processing Plants. Any processing plant, crushing rock or stone shall not be located closer than 250 feet from interior boundary lines of the property and public rights-of-way or less than 500 feet from any residential district and shall, where practicable, be as close to the center of the subject property as possible and at a lower level than the surrounding terrain to lessen visual and noise impact.

(5)

Equipment, machinery, and stockpiles. No digging or excavating apparatus, stockpiling, loading or transportation equipment, structure, or fixed machinery shall be erected or maintained within 50 feet of any property or street line.

(6)

Lighting. If it is deemed necessary by the Planning Commission, adequate on-site lighting for security purposes shall be provided. Exterior lighting shall be so arranged that it is deflected away from adjacent properties so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted. All lighting must be mounted in such a manner so as to not cast light onto any adjacent property in such a way as to disrupt the use of that property or the quiet enjoyment of the residents of that property.

(7)

Signs. Adequate warning signs shall be posted at each mining facility. These signs are to be a minimum of two square feet in area, and are to be posted each 100 yards on the perimeter fence of each mining facility unless otherwise specified. The signs shall include at least the following:

(a)

Authorized personnel only.

(b)

No trespassing

(c)

Emergency telephone number.

Signs providing emergency shutdown procedures shall be placed on operating equipment.

8.

Operation of Use. All equipment and facilities used in a mining operation shall be conducted, maintained, and operated in such manner as to eliminate insofar as practicable, noises, vibrations, or dust which interfere with reasonable use and enjoyment of surrounding property.

9.

Noise Standards. Mining sites shall be operated such that the noise of operation or equipment vibration cannot reasonably be considered disturbing to neighboring uses of land. Objectionable noises due to intermittence, beat, frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent uses.

D.

Required Conditions to be Addressed Prior to Special Use Permit Approval. The following conditions must be specifically addressed before a Special Use Permit may be approved:

(1)

Proximity to incompatible zoning districts. Digging, stockpiling or excavation shall not take place closer than 300 feet to any Low Density Residential (L), Medium Density Residential (M) or Public (P) district.

(2)

Surety Bonds. Before issuance of a special use permit, a surety bond shall be filed by the applicant. A bond as such shall be executed by a reputable surety company authorized to do business in the State of Michigan and shall run to the Township in an amount established by the Township Board, conditional upon the prompt and complete compliance with all the provisions of this section. In establishing the amount of the bond, the Township Board shall consider the Planning Commission's recommendation, the scale of operations, prevailing costs to rehabilitate the property upon the default of the operator, court costs, and other reasonable expenses. The Planning Commission's recommendation for site rehabilitation surety calculations shall be an amount established by the Planning Commission in consultation with its engineer, and not less than $1,500 per acre proposed to be mined or excavated. The Commission's recommendation shall take into consideration only areas of the project site that require rehabilitation. The surety bond shall remain in effect for one year after completion of rehabilitation according to approved plans. No portion of the surety bond shall be released until the Township has determined by inspection and/or other factual documentation that the rehabilitation has been completed according to the approved plans. Upon determination by the Township that rehabilitation has been completed according to approved plans, the Township Board shall provide notice that the surety bond is no longer necessary.

(3)

Insurance. It shall be the responsibility of the applicant to demonstrate sufficient bodily injury liability insurance during the time period permitted for operation by the special use permit. Bath Charter Township shall be named as an additional insured on such a policy.

(4)

Phasing, reclamation, and future land use plans. The applicant shall provide an estimated timeframe for completion of each phase of the extraction project and a description of the mining activity to be conducted, including the type of deposit to be extracted. All areas shall be rehabilitated as they are completed. Submission of a phased rehabilitation plan showing anticipated safety measures, grading plan of rehabilitation slopes, water level, ground cover, changes to ingress/egress points, and anticipated amount of material removed shall be required. Phase documentation and future land use shall be submitted for 25%, 50%, 75%, and 100% project completion. Additionally, the applicant shall provide documentation sufficient to the Township of a final land use and/or reclamation concept which addresses the intended use after all mining activities have ceased on site. Sites shall be rehabilitated to a standard compatible with the surrounding location. Site restoration improvements shall conform to the appearance of the surrounding properties and rehabilitated sites shall be lacking in hazard. All slopes and banks shall be graded to angles which do not exceed one foot vertical to three feet horizontal, and they shall be treated to prevent erosion. Expected land covers to be identified in this reclamation plan include: native grass and/or wildflower mix, wetland seed mix, agricultural fields, turf grass, or similar cover as approved by the Planning Commission and applicable reviewing agencies.

(5)

Dust control plan. The applicant shall submit a dust control plan to the Township which shall be reviewed and approved by the Township Administration, in coordination with the County Road Commission. The dust control plan shall consist of a signed agreement by the applicant to apply chloride monthly when there is no frost and on an as needed basis. Additionally, the dust control plan shall require the applicant to provide a water truck on site during excavation operations and apply water as needed to keep dust from leaving the site. In addition, the township superintendent or their designee may order a temporary cessation or modification of operations in case of conditions which cause dust to leave the site.

(6)

Approved haul routes. The Township Board, in coordination with the Clinton County Road Commission, shall approve routes for truck movement in and out of the site in order to minimize the wear and tear on public streets, to prevent hazard or damage to properties and to avoid densely populated residential area. A haul route with applicable speed limits approved by the Clinton County Road Commission shall be submitted to the Township prior to the issuance of a Special Use Permit. In addition, the township superintendent or their designee may order a temporary cessation or modification of operations in case of conditions which cause unacceptable conditions of runoff, dust, or sedimentation.

(7)

Roadway maintenance. The Township shall require that the applicant enter into an agreement with the Clinton County Road Commission for the maintenance of those roads designated as routes for the transport of the extracted materials, as the Road Commission deems appropriate. Access roads within the permitted site shall be maintained by the applicant so as to minimize the dust, sedimentation, or runoff arising from the use of said roads. Application of oil or other environmentally hazardous materials in roadway maintenance shall be prohibited.

(8)

Hours of operation. Absolute hours of operation shall be determined based on the proximity to potentially incompatible land uses. Hours of operation are absolute, including any on-site operations not directly related to the extraction of material and offsite stacking of equipment in the public right of way, including the parking of trucks or semi-trailers. In emergency situations, this time period may be modified by the Township Supervisor provided such emergency order shall not be effective for more than 72 hours.

(9)

Permit Coordination. Prior to the approval of a Special Use Permit, there shall be submitted to the Zoning Administrator the following approved permits in all cases where such permits are required or applicable:

(a)

Driveway permit as approved by the Clinton County Road Commission or MDOT, as applicable.

(b)

Soil Erosion and Sedimentation Control Permit from Clinton County Equalization Department.

(c)

Drain Use Permit and/or approved culverts from the Clinton County Drain Commissioner.

(d)

NPDES permit from Michigan Department of Environmental Quality (MDEQ).

(e)

Other permits from local, county, or state authorities as pertinent such as transport, storage, use, and/or disposal of hazardous substances, waste, or other materials.

E.

Required Conditions to be addressed during Site Mining Activities. The following conditions must be satisfied during site excavation activities:

(1)

Continuing Obligations. All conditions of the special use permit and conditions for obtaining a special use permit provided in this Ordinance must be maintained at all times while the mining operation is active.

(2)

Orderly Installations. All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to individual property and persons of the community in general.

(3)

Protecting Water Resources. Operations shall be conducted in such a way as not to cause the pollution by any material of any surface or subsurface water body. All Mining Operations shall comply with the rules and regulations of the Clinton County Drain Commissioner and the Michigan Department of Environmental Quality (MDEQ).

(4)

Prevention of Soil Erosion and Sedimentation. The soil erosion and sedimentation control standards of Clinton County and the Natural Resources and Environmental Protection Act (NREPA, Part 91) as administered by the MDEQ shall be followed.

(5)

Steep slopes. At no time shall slopes on previously excavated areas outside the active working area be left at greater than 30 degrees pending rehabilitation. And no finished grade shall exceed one in three, three feet horizontal to one foot vertical respectively.

(6)

Status reporting. It shall be the responsibility of the applicant to submit written status reports to the Township that detail any air, water, or noise pollution complaints and/or vehicle accident reports involving the operator or hauling contractor along the designated haul route, as well as steps taken to address the complaint/event. Status reports shall be provided annually to the Township. The Township may require submission of additional reports at milestones as part of Special Use Permit Approval. A reporting template form may be obtained from the Planning Director.

(7)

Inspection. The Township, through its agents, shall have the right to schedule periodic visits to verify any information provided by the applicant or any approved special use permit to determine if the conditions of any approved Special Use Permit have been complied with.

F.

Additional Assurances and Compliance. As part of the Special Use Permit review process, Bath Charter Township may require additional assurances or compliance with provisions, specific to the application at hand and in excess of the above-mentioned items.

(Ord. No. 31.53, § 3, 12-5-2016)

A.

Intent. It is the intent of this section that certain minimum standards of operation be established for junkyards as uses that because of prior functional characteristics have a high potential of impact on surrounding properties or the aesthetic quality of the community as a whole.

B.

Such uses shall be established and maintained in accordance with all applicable State of Michigan statutes and regulations.

C.

The minimum site area allowable for a junkyard, shall be ten acres.

D.

Shall be fenced around the entire periphery of the property in use with a solid screen of sound construction, painted, or otherwise finished neatly and inconspicuously.

E.

All activities shall be confined within the fenced areas. No equipment, material, signs, or lighting shall be used or stored outside the fenced area.

F.

Fences shall be set back 100 feet from any public street.

G.

No burning beyond the limited amount normally associated with a residence shall be permitted.

H.

Junk, automobiles or other debris may not be stacked in any manner such that it could be visible outside the site. Junkyards or landfills shall not be located in areas which are impossible to screen from view from adjacent properties or public streets.

I.

Junkyard, as allowed in the D development district, refers only to those uses of land or structures which involve, and are limited to, the storage of used, inoperative motor vehicles, salvage and resale of used motor vehicle parts and the cartage of motor vehicles in wrecked or inoperable condition.

The following minimum standards for site development and site use shall be established for [a] junkyard located in the D development zoning district:

(1)

All such uses shall not be established on land in the township until a special use permit has been issued by the township and all license requirements of the Michigan Department of State, Bureau of Automobile Regulation (or successor) have been fully complied with. All such uses shall further be maintained in accordance with all applicable State of Michigan statutes and regulations.

(2)

The minimum site area for establishment of a junkyard in the development district shall be ten acres. In the case of previously established uses of land in this category, the planning commission may recommend and the township board may authorize a special use permit on a site of less than the minimum area, subject to final site approval and other conditions which may be required to ensure proper utilization of the site and minimal impact on adjacent properties.

(3)

All activities involving motor vehicle storage, salvage of used motor vehicle parts, assembly of parts, cutting or welding activities and repair of motor vehicle components shall be confined within [a] screened enclosure as required in the paragraph immediately following [subsection I(4)]:

(4)

Outdoor motor vehicle storage and all permitted and related activities shall be screened by an opaque fence or wall, earthen berm covered with turf or other plantings, or by a dense evergreen planting. Such screening shall be designed so as to completely obstruct view of stored materials and salvage operations from public streets and occupied structures on adjoining lands. Such screening shall be shown on the site plan submitted for approval in connection with the special use permit application.

(5)

Screening required in connection with this section shall be set back a minimum of 100 feet from any public street.

(6)

All oil, gasoline, hydraulic or other fluids shall be drained from all vehicles stored on the site and placed in holding tanks for future disposal off the site. Every effort shall be made to prevent any material of this type from entering the soil.

(7)

No burning beyond the limited amount normally associated with a residential land use shall be permitted.

(8)

Motor vehicles, motor vehicle components or other materials or equipment associated with this use shall be stacked or piled so as not to be visible from a public street or occupied structures on adjoining land.

(9)

Steps satisfactory to the Mid-Michigan District Health Department (or successor) and the township shall be taken to control rats and other rodents on the site.

(10)

The intensity level of sounds generated by the operation of a junkyard located within 500 feet of a residential land use shall not exceed 55 decibels when measured at the property line of the residential use which is closest to the junkyard except between the hours of 8:00 a.m. and 5:00 p.m. Monday through Saturday.

(11)

The operator of any junkyard for which a special use permit is issued shall, as a condition of such permit, agree and be subject to periodic on-site inspections by the zoning administrator to ensure continuing compliance with this section and any special conditions of the special use permit.

A.

Intent. It is the intent of this section that as with other special uses, certain minimum standards of construction and operation be established for sanitary landfills. Said standards are those required by the state of Michigan, adopted herein by reference. Given the significant potential impacts of such a use, the township board reserves the option of imposing additional, reasonable requirements or safeguards.

B.

All landfills shall be established and maintained in accordance with all applicable State of Michigan statutes and regulations.

C.

Approval of the site plan and site geologic suitability must be obtained from the appropriate regulatory division within the department of natural resources prior to review of a special use permit application.

D.

All minimum conditions, safeguards and operating procedures as specified within Act 641 of the Public Acts of 1978, Solid Waste Management Act (Repealed—See now MCL 324.11501 et seq.), as amended or rules and regulations promulgated thereto, shall be complied with. The township board may impose such additional conditions, safeguards or operating procedures deemed necessary for the public health, safety and general welfare; the protection of individual properties; and for insuring the intent and purpose of this ordinance.

A.

Intent. It is the intent of this section to provide for the establishment in a district of comparable intensity of land use, well designed mobile home parks. The regulations and conditions contained in this section are designed to ensure that mobile home parks will provide a comfortable and pleasing environment for persons who seek mobile home residence. Regulations and conditions contained in this section are intended to ensure that mobile home park developments will be served adequately by essential public facilities and services such as access streets, public water, sanitary sewer and storm drainage facilities, refuse disposal, schools, and police and fire protection. The township board may, by the issuance of a special use permit, authorize the establishment of a mobile home park in the D or M districts or such authorization shall be granted only when all the applicable procedures and requirements stated herein are complied with.

B.

General requirements, restrictions and standards.

(1)

Minimum project area. Minimum project area for a mobile home park development shall be 15 acres.

(2)

Location. Mobile home parks may be located only in the D or M districts, upon approval of the planning commission and in accordance with the following standards:

(a)

The site shall be adjacent to and serviced by a major arterial or county primary street.

(b)

The site shall be serviced by existing or programmed essential public facilities and services such as access streets, public water, sanitary sewer and storm drainage facilities, and police and fire protection.

(3)

Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:

(a)

Mobile homes as defined in this ordinance.

(b)

One office building exclusively for conducting the business operations of the mobile home park.

(c)

Utility buildings for laundry facilities and auxiliary storage space for mobile home tenants.

(d)

Recreation areas, community building, playground and open space for use by mobile home park tenants.

(e)

Such additional accessory buildings and uses as are customarily incidental to mobile home park development, except that this shall not include the sale of mobile home units other than by their individual resident owners or the servicing of mobile home units except as is required for normal maintenance by the individual resident owner or his contractors.

(f)

Signs pertaining exclusively to the mobile home park.

(4)

General development standards:

(a)

The design and development of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the Michigan Mobile Home Commission, which are hereby incorporated by reference as a part of this ordinance.

(5)

Operating standards:

(a)

The operation and business practices of mobile home parks shall be subject to all current provisions of the mobile home commission general rules as adopted by the Michigan Mobile Home Commission, which are hereby incorporated by reference as a part of this ordinance.

(b)

No part of any mobile home park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well being of park residents and for the management and maintenance of mobile home parks.

(c)

Home occupations shall be prohibited from mobile home parks.

(d)

The keeping of livestock shall be prohibited from mobile home parks.

A.

Intent. It is the intent of this section to provide for the establishment of mobile home subdivisions in an attractive and orderly manner in Bath Charter Township.

It is the further purpose to promote well designed mobile home subdivisions in districts of a comparable intensity of land use, thereby providing a comfortable and pleasing environment of persons desiring mobile home residence on individually owned lots. Regulations and conditions contained hereinafter are intended to ensure that such developments will be adequately served by essential public facilities and services.

B.

General requirements, restrictions and standards.

(1)

Minimum project area. Minimum project area for a mobile home subdivision shall be 15 acres.

(2)

Location. Mobile home subdivisions may be located only in the D and M districts, upon approval of the planning commission and in accordance with the following standards:

(a)

The site shall be adjacent to and serviced by a major arterial or county primary street.

(b)

The site shall be serviced by existing or programmed essential facilities and services such as access streets, potable water, sanitary sewer and storm drainage facilities, and police and fire protection.

(3)

Uses permitted. Only the following land and/or building use may be permitted under the provisions of this section:

(a)

Single-family detached dwellings.

(b)

Mobile homes as defined in this ordinance.

(c)

Accessory uses as described in section 7.03.

(d)

Recreation areas, community building, playground and/or open space for use by subdivision residents.

(4)

Site development standards. The site development standards of the district in which the mobile home subdivision is located, including lot area, frontage, width, coverage and yard and setback requirements, shall apply.

(5)

Subdivision review. The specifications and procedural requirements of the Subdivision Control Act of 1967 (Act 288, P.A. of 1967, as amended) (MCL 560.101 et seq.), shall be met.

(Ord. No. 31.75, § 11, 5-2-2022)

Editor's note— Ord. No. 31.44, § 2, adopted Feb. 4, 2013, repealed § 19.18, which pertained to Private roads serving more than one lot and derived from the Code of 2004.

A.

Intent. It is the intent of this section to provide standards that will allow extended family living in what have traditionally been single-family only, zoning districts and neighborhoods. Such provisions will permit the conversion of a single-family dwelling to include an accessory apartment, as a means of accommodating an elderly parent or other family member, or extending the economic life of a large, older home. Also permitted will be the placement of detached, removable, self-contained residential units designed for installation on the same lot as the principal dwelling, usually in the back yard. It is intended that by providing housing opportunities for the elderly or an extended household a vital need can be met without diminishing the quality of the affected neighborhood; this allows independence and yet close contact to younger family members.

B.

Accessory apartment. In addition to those requirements set forth in section 19.02, the following provisions shall be met:

(1)

Only owner-occupiers are permitted to install or rent accessory apartments.

(2)

There shall be no visible change in the exterior appearance of the dwelling containing the accessory apartment that will alter the single-family appearance of the dwelling.

(3)

All improvements associated with construction of the accessory apartment shall meet current, applicable codes.

(4)

Any additional parking as needed or required by this ordinance shall be provided in off-street space.

(5)

Adequate provision for wastewater disposal, either by public sanitary sewer or expanded private on-site facilities, shall be required.

C.

Elderly Cottage Housing Opportunities (ECHO). In addition to those requirements set forth in section 19.02, the following provisions shall be met:

(1)

Only owner-occupiers of the principal dwelling are permitted to install ECHO housing units.

(2)

Said ECHO housing units shall be temporary in nature and are to be removed upon cessation of the occupancy for which they are intended. Special use permits for ECHO housing may be issued for time periods as determined by the township board.

(3)

The front and side yard requirements applicable to the principal dwelling shall be complied with in placement of the ECHO housing unit. The township board shall determine rear yard requirements upon consideration of lot size and placement of surrounding structures or uses.

(4)

The ECHO housing unit shall meet all applicable codes for manufactured housing or mobile home dwellings.

(5)

Any additional parking as needed or required by this ordinance shall be provided in off-street space.

(6)

The township board may impose any other reasonable conditions including lot coverage, landscaping, skirting of mobile home units and similar requirements deemed necessary to protect adjoining properties and the public welfare; mobile home sections of zoning ordinance shall apply.

(7)

ECHO housing unit shall only be approved upon a showing of hardship or medical disability supported by medical documentation.

(8)

ECHO housing unit is intended only for single individual use.

(9)

ECHO housing unit will not be approved if it is apparent that the requested action is primarily for economic advantage.

(10)

Bonding to insure removal will be required for each ECHO housing unit; the minimum bond shall be $2,000.00; amount of bond shall be indicated in special use permit.

(11)

ECHO housing unit is a limited privilege not a right.

(12)

ECHO housing application will not be approved by the planning commission if another feasible alternative exists.

A.

Intent. It is the intent of this section to establish provisions allowing for the keeping of horses in other zoning districts outside of the rural zoning district and low density residential district for recreational, non commercial purposes only.

B.

Minimum requirements. The table below establishes a minimum acreage requirement for horses based on the zoning district. The acreages are based on a sliding scale to help protect neighbors from nuisances in more intense zoning districts. Due to unique or unusual circumstances such as properties with sensitive environmental considerations or agency review issues, this table does not guarantee to permit the maximum allowable number of horses in each zoning district.

C.

General requirements. In addition to those requirements set forth in section 19.02, the applicant shall submit the following information to the planning commission for their review. Please indicate on or along with the site plan, the following information:

(1)

The number of horses that will be kept on the property.

(2)

Indicate and describe where the horses will be housed and/or enclosed on the site plan.

(3)

Provide a manure management plan that indicates where the manure will be stored and how it will be handled. To reduce the impact on neighbors and the environment, any manure that will not be used on site needs to be transported off site regularly no less than every three months. Any storage of manure shall be properly screened away from neighboring residents.

(4)

Persons that have horses outside of the rural and low density residential zoning districts shall comply with Michigan Department of Agriculture's Generally Accepted Agricultural and Management Practices (GAAMPS) Equine section for the Care of Farm Animals. GAAMPS provides guidance on nutrition, environment, facilities and equipment, health care and medical procedures, as well as current state and federal laws.

(5)

Ensure that the requirements of any accessory building(s) or fencing meet the setback requirements of fencing and accessory buildings as outlined in sections 15.08 and 15.09.

(Ord. No. 31.40, § 1, 3-19-2012)

A.

General Requirements.

(1)

Design and Operation Standards. The design and operation of such facilities shall be consistent with the specifications and best practices recommended by the National Rifle Association; and shall conform to the generally accepted operation practices adopted pursuant to the Michigan Sport Shooting Ranges Act, Public Act 269 of 1989. The design of the facility shall clearly show that safety of persons on and off the site is guaranteed. This shall mean that no projectile of any kind may be permitted to leave the site. Unless this safety requirement is clearly indicated by the design plans, a permit shall not be issued.

(2)

Dimensional Requirements. Ranges must be located on a parcel of five (5) acres or more in area. Any area used for shooting activities must be located at least 250 feet from a lot line of any adjacent residential district.

(3)

Parking. Off-street parking shall comply with Article XVII.

(4)

Hours of Operation. Shooting on the range shall be limited to the hours between sunrise and sunset but not prior to 9:00 a.m. or later than 8:00 p.m. The Township Board may apply more restrictive hours where protection for adjoining residents is necessary.

(Ord. No. 31.52, § 3, 11-7-2016)