Sec. 1500. The I-2 Light Industrial Districts are designed so as to primarily accommodate wholesale activities, warehouses, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts. The I-2 District is so structured as to permit, along with any specified uses, the manufacturing, compounding, processing, packaging assembly or treatment of finished or semifinished products from previously prepared material. It is further intended that the processing of raw material for shipment in bulk form, to be used in an industrial operation at another location, not be permitted.

The general goals of this use district include, among others, the following specific purposes:

1.

To provide sufficient space, in appropriate locations, to meet the needs of the Township's expected future economy for all types of manufacturing and related uses.

2.

To protect abutting residential districts by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development.

3.

To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other hazards, and from offensive noise, vibration, smoke, odor and other objectionable influences.

4.

To protect the most desirable use of land in accordance with a well considered plan. To protect the character and established pattern of adjacent development, and in each area to conserve the value of land and buildings and other structures, and to protect the Township's tax base.

Sec. 1501. In a Light Industrial District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this Ordinance; subject to the review and approval of a site plan by the Planning Commission:

1.

Any principal use permitted in Section 1401 [Section 400.1401] of the I-1 District, subject to the applicable regulations of this Article.

2.

Storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies, provided such is enclosed within a building or within an obscuring wall or fence on those sides abutting all Residential or Business Districts, and on any yard abutting a public thoroughfare. In any I-2 District the extent of such fence or wall, may be determined by the Planning Commission on the basis of usage. Such fence or wall shall not be less than five feet in height, and may, depending on land usage, be required to be eight feet in height. A chain link type fence, with heavy evergreen shrubbery inside of said fence, shall be considered to be an obscuring fence, provided a planting plan is approved by the Planning Commission.

3.

Greenhouses.

4.

Freestanding nonaccessory signs.

5.

Child care centers subject to the following conditions:

a.

No portion of a child care center shall be located within 300 feet of any gasoline pumps, underground storage tanks, or any other explosive material.

b.

One parking space shall be provided for each employee working during the largest shift plus one space for each eight children the facility is licensed to receive for care at any one time.

c.

A child loading/unloading area shall be provided to the Planning Commission to assure safe access to the facility and the adequacy of parking areas and maneuvering lanes to circulate peak hour traffic.

d.

On-site traffic circulation shall be restricted to a one-way traffic flow, where possible.

e.

Any on-site outdoor play area shall be enclosed by a fence that conforms to the applicable requirements of Section 1912 [400.1912].

f.

Any facility boundary which abuts property which is residentially used or zoned shall be screened according to the provisions of Section 1911 [Section 400.1911], subsections c. and h. and any other applicable regulations.

g.

Signs shall conform to the applicable requirements of Section 1922 [Section 400.1922].

6.

Employer-sponsored child care centers subject to the following conditions:

a.

No portion of a child care center shall be located within 300 feet of any gasoline pumps, underground storage tanks, or any other explosive material.

b.

Any on-site outdoor play area shall be enclosed by a fence that conforms to the applicable requirements of Section 1912 [Section 400.1912].

c.

Any facility boundaries which abut property which is residentially used or zoned shall be screened according to the provisions of Section 1911 [Section 400.1911], subsection c. and h. and any other applicable regulations.

d.

Signs shall conform to applicable requirements of Section 1922 [Section 400.1922].

7.

Other uses of a similar and no more objectionable character to the above uses.

8.

Accessory buildings and uses customarily incident to any of the above permitted uses.

(Ord. No. 44A-107, 7-2-91; Ord. No. 44A-141, 10-3-95)

Sec. 1502. The following uses may be permitted upon making application and submitting any reasonable exhibits or information required by the Planning Commission, and after paying any fees established by the Township Board by resolution or ordinance, and after public hearing, review and approval of the site plan by the Planning Commission; and under such conditions as the Planning Commission imposes after finding that the use is not injurious to the district and environs, is not contrary to the spirit and purpose of this Ordinance, is not incompatible with already existing uses in the area, will not interfere with the orderly development of the area, would not be detrimental to the safety or convenience of vehicular or pedestrian traffic, will be served adequately by essential public facilities and services, will be consistent in assuring that the general public health, safety and welfare will not be infringed upon, and will be in compliance with all Township, County, State and Federal laws and regulations; and which, once approved, shall be deemed to authorize only one specific use, and shall expire and become null and void without further notice or action by the Planning Commission in any case where the special approval use has not been established within six months after the Planning Commission's grant of approval thereof or where the special approval use is discontinued or ceases to exist for six consecutive months or for 18 months during any three year period; and which may be revoked by the Planning Commission after it finds that any of the requirements of this Ordinance or conditions of approval are not being maintained.

1.

Any principal use permitted subject to special conditions in Section 1402 [Section 400.1402] of the I-1 District, subject to the applicable regulations of this Article.

2.

Lumber and planing mills when completely enclosed and when located in the interior of the district so that no property line shall form the exterior boundary of the I-1 District.

3.

Commercial kennel, subject to the following conditions:

a.

A commercial kennel must be licensed by, and comply with all requirements and directives of the Animal Control Division of the Monroe County Board of Health.

b.

There shall be no excessive noise, or obnoxious odors, flies, or other nuisances caused by the keeping of any animals.

c.

All dogs, cats, or other household pets must be kept confined within a building, pen, run, kennel, fenced area, exercise area, or other structure or permanent area at all times.

4.

Fireworks—The wholesale distribution and related handling and storage of fireworks, subject to the following conditions:

a.

Such requirements imposed by the Planning Commission to establish a safe environment for the storage, warehousing and wholesale sales and distribution of fireworks.

b.

For purposes of this subsection 4, "Fireworks" are as defined by Michigan law (i.e. MCL § 750.243a, as amended) and which are legal to possess and store by a "permitted" wholesale dealer or jobber consistent with and as provided in Michigan Compiled Laws Section 750.243b(2) and 750.243d.

c.

No fireworks shall be stored, handled, displayed for sale, sold, or distributed from tents, portable buildings, canopies, temporary firework stands, sheds, PODs (Portable on Demand Storage), conex containers, campers, trailers, lean-tos, accessory buildings, trailers or motor vehicles.

d.

The wholesale distribution and related handling and storage of fireworks shall be in an enclosed permanent building which shall comply with the requirements relevant to such use of the most current Building Code, Plumbing Code, Mechanical Code, Electrical Code, Maintenance Code, and Fire Code, adopted by or with jurisdiction over Bedford Township, and all other applicable Federal, State, and local laws, statutes, rules, regulations and codes, including MCL § 750.243d.

e.

Campfires, outdoor fires, or the burning of boxes, paper, plastic products, waste materials or any other debris or materials, shall not be permitted on the premises at any time.

f.

No wholesale distribution and related handling and storage of fireworks shall be permitted within 500 feet of the property lines of a private or public school, place of worship, park, residential dwelling, places of public assemblage (i.e. reception hall), or gas stations or fuel facilities which handle, process, store, sell or ship flammable liquids or combustibles, or within the setback established and in effect pursuant to any federal, state or local law, statute, rule, regulation or code, whichever is greater.

g.

All Building and Fire Code inspections shall be completed and passed, and a valid Bedford Township Certificate of Occupancy (C of O) must be issued in advance of the proposed structure being used for the wholesale distribution and related handling and storage of fireworks.

h.

Enforcement and penalties. To the extent they differ and are contrary to the standard provisions set forth in Article XXIX [Section 400.2900] of this Zoning Ordinance, enforcement, penalties, and other remedies for violation of the provisions of subsection 4 of this Ordinance [Section} shall be as follows:

Each owner, tenant, operator, and occupant of any building, structure, land or premises where any condition in violation of this subsection 4 shall exist, and any person, firm, corporation, partnership, or other organization or entity, or anyone acting on behalf of said person, firm, corporation, partnership, or other entity, who violates any of the provisions of subsection 4 of this Ordinance [Section], shall be responsible for a "minimum" of a municipal civil infraction as defined by Michigan law, and subject to a civil fine(s) determined in accordance with the following schedule:

1st violation within a 1-year period .....$500.00

2nd violation within a 1-year period .....$1,000.00

3rd violation within a 1-year period .....$1,500.00

4th or subsequent violation within a 1-year period .....$2,000.00

After a 4th violation within 1 year, the Township official(s) with the authority to enforce this subsection may charge the matter as a criminal sanction wherein the violator shall be guilty of a misdemeanor, punishable by a fine not to exceed $500.00, or imprisonment in the Monroe County Jail, for a period not to exceed 90 days, or both such fine and imprisonment in the discretion of the court. Each day a violation of this Ordinance continues, shall be deemed a separate offense. A violator of this Ordinance shall also be subject to such additional or alternate sanctions, remedies, and judicial orders as are available and authorized under Article XXIX [Section 400.2900] of this Ordinance and Michigan law.

5.

Commercial composting facilities, subject to the following standards and conditions:

a.

The owner/operator registers the site as a composting facility with the Michigan Department of Environmental Quality.

b.

Registration and/or licensing documents issued by the Michigan Department of Environmental Quality for the site are provided by the owner or operator of the composting facility to, and then are kept on file with the Bedford Township Clerk at all times.

c.

Only yard clippings shall be composted at commercial composting facilities. Yard clippings containing invasive species, or diseased or infested materials shall not be accepted at the composting facility. Non-compostable materials shall be prohibited. Examples of non-compostable materials include, but are not limited to, plastic, glass, textiles, rubber, metal, ceramics, Styrofoam, and painted, laminated, or treated wood.

d.

Commercial composting facilities shall be prohibited from receiving materials in plastic bags. The owner/operator shall describe the types of containers in which yard clippings will be accepted and the source of incoming yard clippings. If yard clippings are collected in bags other than paper bags, debag the yard clippings by the end of each business day.

e.

The management or storage of yard clippings, compost, and residuals occurs in an area that is not in the 100 - year flood plain and is the following distance from each of the following features:

1.

250 feet from all adjacent property lines;

2.

200 feet from a body of surface water, including a pond, lake, stream, or wetland;

3.

2,000 feet from a type I or type IIA water supply well;

4.

800 feet from a type IIB or type III water supply well;

5.

200 feet from a natural or artificial wetland;

6.

500 feet from a church or other house of worship, hospital, nursing home, licensed daycare center or school, or a property designated as such on the Township Zoning Map, Zoning Ordinance or Master Land Use Plan for residential use; and

7.

4 feet above ground water.

f.

Does not result in more than 5,000 cubic yards of yard clippings, compost, and residuals present on any acre of property at the site, exclusive of access roads, service areas, parking areas, and required buffer zones.

g.

Does not result in an accumulation of yard clippings for a period of over three (3) years.

h.

Results in finished compost with not more than 1% by weight, of foreign matter that will remain on a four millimeter screen.

i.

Prevent the pooling of water by maintaining proper slopes and grades.

j.

Properly manage storm water runoff.

k.

Does not attract or harbor rodents or other vectors.

l.

The owner or operator maintains, makes available to the Township, and provides within three (3) business days of a request, all of the following:

1.

Records identifying the volume of yard clippings accepted by the commercial compost facility and the volume of yard clippings and of compost transferred off-site each month; and

2.

Records demonstrating that the composting operation is being performed in a manner that prevents nuisances and minimizes anaerobic conditions, these records shall include records of carbon - to - nitrogen ratios, the amount of leaves and the amount of grass in tons or cubic yards, temperature readings, moisture content readings, and lab analysis of finished products.

m.

A composting facility shall not be allowed in a protected or regulated wetland. A level 3 wetland assessment shall be made prior to site plan and special land use approval.

n.

The maximum height of all windrows or any other material being stored on-site shall not exceed a total height of twelve (12) feet.

o.

The decomposition process shall be properly managed and maintained in an aerobic condition to prevent all unnecessary odors.

p.

Composting materials shall not be accepted on-site in anaerobic condition.

q.

Commercial composting facilities shall be closed when anaerobic conditions arise, with operations limited to correcting the condition. Determination of anaerobic conditions may be made by the Township Ordinance Enforcement Officer. Anaerobic conditions shall be considered to exist when the Township Ordinance Enforcement Officer can smell offensive odors at the composting facility similar to ammonia, rotten eggs, and rotting garbage/dead animal. If anaerobic conditions arise more than two times in a thirty calendar day period, the commercial compost facility shall pay a fine set by the Township Board and closed for thirty calendar days. A commercial compost facility shall not reopen until anaerobic conditions are eliminated, as determined by the Township Ordinance Enforcement Officer. After three such closures within one calendar year, the Township may order the site to be closed permanently.

r.

To ensure that ground or surface waters are not contaminated, monitoring wells shall be installed by the owner/operator on-site prior to construction of the composting facility. The location of such wells shall be determined on a site-by-site basis, subject to review and approval by a professional acceptable to the Township. All review costs shall be assumed and paid by the owner/operator.

s.

If any stream or swale is present on the site, it shall be buffered by a 20 foot unoccupied setback measured from the outer edge of the flood plain or all alluvial soils. Approval from the designated agent responsible for the enforcement of the Soil Erosion Control Act shall be required ensuring the stream is adequately protected from pollution.

t.

The surface and ground waters at a composting facility shall comply with the water quality requirements of Act 245 of Public Acts of 1929, as amended, being Section 323.1 et seq. of the Michigan Compiled Laws and the State Administrative Rules promulgated thereunder, being Section 323.1001 et seq. of the Michigan Administrative Code.

u.

Sampling of ground water monitoring wells must start before operations begin, continue quarterly during the active life of operations, and quarterly for a two year period after operations cease for compliance with Act 255 of Public Acts of 1929, as amended. The monitoring shall be done by a professional acceptable to the Township. All costs for such monitoring shall be assumed and paid by the owner/operator.

v.

Should test wells reveal violation of the water quality requirements of Act 245 of Public Acts of 1929, as amended, the owner/operator shall be required to install a ground water remediation system. The system shall be subject to review and approval by a professional acceptable to the Township. All costs shall be assumed and paid by the owner/operator.

w.

Surface water monitoring shall also be required in addition to ground water monitoring to assess the adequacy of leachate contaminate and run off control and for compliance with Act 255 of Public Acts of 1929, as amended. Such monitoring shall be required quarterly. The monitoring shall be done by a professional acceptable to the Township. All costs for such monitoring shall be assumed and paid by the owner/operator.

x.

Analysis for all ground and surface water monitoring events shall be submitted to the Township within sixty days after analysis.

y.

The site shall be graded with a slope no greater than three percent (3%), with all run-off into controlled drains. Ponded water shall not be permitted to collect on the yard clippings commercial composting site. A plan for collection, retention, and drainage of storm water shall be provided for review and approval. The Planning Commission shall require that the plan provide a settling basin/detention pond and vegetation filtration of run off prior to discharge off-site. The plan shall be reviewed and approved by the Monroe County Drain Commissioner (MCDC) and the Michigan Department of Environmental Quality (MDEQ). Vegetation filtration in all buffer areas shall be accomplished by use of a fifty foot wide perimeter strip of grass, or similar measure.

z.

The owner/operator shall submit a Composting Facility Operations Plan (CFOP) for the facility that demonstrates compliance with this Ordinance and all applicable Federal and State regulations. The CFOP shall describe or provide information pertaining to the following: Site design considerations including material flow and other procedures; the location of different activity areas (E.G., receiving, windrows, curing, disposing of waste materials found in incoming materials, location of on-site commercial sales of product produced on-site from the composting operation); volume limits and where the operator will send material if site limitations are achieved; typical carbon - to - nitrogen ratios for expected materials and how the materials will be mixed to maintain reasonable ratios for successful composting; planned processing activities from receipt at the gate from the end user of the finished compost; the frequency with which the yard clippings will be rotated; the steps that will be taken to maintain yard clippings at the appropriate content and temperature; the means by which the temperature and moisture of the compost piles will be measured; the steps that will be taken to ensure that the decomposition process will be properly managed and maintained in an aerobic condition; the monitoring, record keeping and reporting program that will be maintained; the length of time for which yard waste will remain on the site; product quality standards and testing for pathogens; the owner/operator's staffing plan and how many people will be working on-site throughout the year; the operating staffs' qualifications and what training is planned for both operations and safety; and a plan for how the owner/operator will troubleshoot typical composting difficulties such as litter control, odor, inappropriate temperature, dust, noise, flies and pests, and neighborhood complaints. The CFOP must be amended to reflect changes in operation and be available and a current copy filed with the Township Clerk.

aa.

The area being actively utilized for composting shall be provided with an engineered pad consisting of clay or other impermeable lining to a depth as determined by the design engineer and acceptable to the Township engineer to ensure that contamination or leaching into the ground and ground water is eliminated or minimized to the greatest extent possible.

bb.

The perimeter of the entire site utilized for composting operations shall be screened and buffered by means of planting a double row of evergreens six to eight feet in height at planting. Each row of trees shall not exceed a spacing of fifteen feet on center. These rows shall be offset by eight feet.

cc.

Access to the site shall be controlled to prevent unauthorized dumping during non-business hours. The perimeter of the entire site shall be fenced. The fence shall be a minimum of six feet in height and not to exceed a maximum as set by the Planning Commission in connection with its site plan review. The fencing required by this section that is contiguous to a residential zoning district and/or an agricultural zoning district used residentially shall be a solid vinyl coated decorative fence or the equivalent. Such fence shall be placed behind the buffer area required by this Ordinance. Access points to the site shall be controlled by locked gates to prevent unauthorized entrance. The use of barbed, razor, or electrified fencing shall be prohibited.

dd.

Section 1907 and Section 1911 relating to landscaping and screening, and obscuring walls, shall apply, but the Planning Commission may increase or reduce landscaping and screening, and obscuring walls, based on the particular site involved.

ee.

The Township Fire Chief shall review all site plans for approval. The CFOP shall include provisions for emergency response and shall coordinate with the Township Fire Department to ensure that firefighting equipment is available to the site and that personnel have been trained in firefighting procedures. To the extent recommended by the Township Fire Chief, the CFOP shall include and the owner/operator shall provide and maintain on-site water equipment, such as water trucks, hydrants, and hoses, or backpack spray units for wetting organic material and for firefighting purposes, and sufficient quantities of available water, non-combustible soil, and earth moving/excavating equipment or the equivalent for purposes of fire extinguishing.

ff.

A description of the direction of prevailing winds and how the wind conditions will affect operations shall be submitted. Pile turnings shall be timed to coincide with favorable wind conditions. The owner/operator shall not permit offensive odors to escape the boundaries of the yard clippings composting facility and/or interfere with the enjoyment of adjacent properties. The owner/operator shall submit a set of "low odor" operating protocols and an odor response management plan that shall be employed in the event that the owner/operator or Township receives odor complaints during operation.

gg.

Because of the level of truck traffic typically associated with a yard waste composting facility, direct access to a paved public roadway designated as a major thoroughfare in the Township's adopted Master Plan and capable of carrying Class A loadings on a year round basis is required.

hh.

An area for truck stacking and staging shall be provided. The staging of trucks on the exterior of the site shall be prohibited. The area designated for truck staging shall be located in such a manner as to not impact adjacent residences. Based on the location of the operation and the proximity to residential land use, the Planning Commission may place restrictions on the hours of operation for the staging and filling of trucks.

ii.

All site access roads, drives, roads for maneuvering lanes internal to the site, and areas for employee parking shall be paved with asphalt or concrete, with the exception of roads and/or drives located in the actual composting area, which may be gravel with a sufficient base, as determined by the Township Engineer. The thickness of such roads and maneuvering lanes shall be acceptable to the Township engineer to ensure emergency access.

jj.

Section 1904 relating to off street parking shall apply to the site.

kk.

The owner/operator shall provide sufficient equipment on-site to properly manage the composting process.

ll.

Storage of finished compost on site is limited to twelve months of production.

mm.

A restroom facility sufficient in size to accommodate the facility staff and an office providing space for administrative functions shall be constructed on-site.

nn.

The owner/operator shall provide plans showing all equipment, maintenance, and storage areas. Plans shall show the location of all fuel storage facilities and shall detail primary and secondary containment for all hazardous materials, including product-type containers for primary containment.

oo.

The hours of operation shall be permitted from 7:00 a.m. to 9:00 p.m., seven days per week.

pp.

The owner/operator shall establish a procedure and mechanism for proper disposal of non-yard waste at an approved sanitary landfill. Further, all non-organic material such as debris and litter shall be contained on-site so as not to scatter or blow off the premises.

qq.

When the Township retains the services of an independent compost engineer to evaluate the site plan and CFOP, the owner/operator shall pay for, and comply with the conditions of the compost engineer's review. These conditions shall be included as conditions of special land use approval. In the event the Township retains the services of an independent compost engineer to investigate an alleged violation of the approved site plan or special land use approval or conditions, the owner/operator shall pay for such engineer's services, however, only if a violation is confirmed.

rr.

Section 1913 relating to Site Plan review shall apply.

ss.

The owner/operator shall submit proof of insurance for the proposed operation as a part of Site Plan and special land use review and shall provide proof of ongoing insurance as a part of each annual license renewal. Such proof shall be kept on file at the Clerk's Office or other designated area. Such insurance shall insure the owner/operator, employees and/or agents or representatives, and the Township as an additional insured for general comprehensive liability in an amount of at least $1,000,000.00 per person and $2,000,000.00 per occurrence. The owner/operator shall also provide an umbrella policy under the same terms, no less than $2,000,000.00 above that previously described. These policies shall have no pollution liability exclusions.

tt.

The owner/operator shall provide a name, address, and telephone number of the person responsible for operation of the site and who is also responsible for correcting all operational problems that may result in complaints being made to the Township.

uu.

The owner/operator understands and agrees that failure to maintain and operate the site in accordance with this Section and any additional conditions shall constitute grounds for revocation of the special land use by the Planning Commission.

vv.

Township officials and/or consultants engaged by the Township shall be permitted entry to a commercial composting facility for inspection purposes during normal operating hours to determine compliance with this Ordinance and other applicable regulations. No persons shall impede reasonable inspection of a commercial composting facility by Township officials and/or consultants engaged by the Township.

ww.

Copies of all State applications, registrations, reports, and permits, where required, shall be provided to the Planning Commission as part of the application package for special land use and Site Plan approval.

xx.

A semi-annual inspection for rodents shall be performed by a licensed pest control company. Copies of the reports shall be transmitted to the Township. If rodents are detected, appropriate measures shall be taken to capture or exterminate the rodents in an environmentally safe manner.

yy.

A semi-annual test shall be performed to ensure that on-site soils and surface waters leaving the site are not contaminated by a concentration of nitrogen, phosphorus, phenols, pesticides and/or herbicides. Soil samples shall be taken from the windrow area and the settling basin/detention pond and surface water samples shall be taken at the outlet from the detention pond.

zz.

A farm composting yard clippings operation for a bona fide farming operation pursuant to MCL 324.1152(3) and in accordance with generally accepted agricultural and management practices under the Michigan Right to Farm Act is exempt from this section.

6.

Other uses of a similar character to the above uses.

(Ord. No. 44A-19, 1-22-80; Ord. No. 44A-107, 7-2-91; Ord. No. 44A-124, 3-22-94; Ord. No. 44A-270, § 2, 4-21-09; Ord. No. 44A-284, § 8, 5-14-13; Ord. No. 44A-312, § 2, 7-18-17)

Sec. 1503. Industrial performance standards relative to glare, heat, radio-active materials, fire and safety hazards, and open storage, specified in Section 1817 [Section 400.1817] shall apply to the I-2 District.

Sec. 1504. See Article XVIII, Schedule of Regulations limiting the height and bulk of buildings, the minimum size of lot by permitted land use and providing minimum yard setback requirements.