Environmental standards are established in order to preserve the short-term and long-term environmental health, safety, and quality of the township. No use that does not conform to the environmental standards set forth in this article and all applicable federal, state, county, and local requirements shall be permitted.

(Ord. No. 01-20, § 18.311, 2-10-20)

No parcel, lot, building, or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance requirements:

(a)

Fire hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(b)

Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or unreasonable electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance. Radiation shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards, when measured at the property line.

(c)

Hazardous substances. Any activity requiring storage or handling of hazardous substances shall abide by the following standards:

(1)

Areas storing hazardous substances must be designed to prevent spills and discharges to the air, surface of the ground, stormwater system, groundwater, lakes, streams, rivers, or wetlands.

(2)

Secondary containment for above ground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for maximum anticipated time necessary for the recovery of any released substance.

(3)

General purpose floor drains shall be allowed only if they are authorized to be connected to a public sewer system, an on-site holding tank, or a system authorized through a state groundwater discharge permit.

(4)

State and federal requirements for storage, spill prevention, records keeping, emergency response, transport, and disposal of hazardous substances shall be met. No discharge shall be allowed without required permits and approvals.

(d)

Airborne emissions.

(1)

Smoke and air contaminants. It shall be unlawful for any person to permit the emission of any smoke or air contaminant from any source whatsoever to a density greater than that permitted by applicable federal and state clean air standards. There shall not be discharged from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, or nuisance to the public; or which endanger comfort, repose, health, or safety of persons; or which cause injury or damage to business or property.

(2)

Odors. The emission of odors which shall be found obnoxious to any considerable number of persons at their place of work or residence shall be prohibited. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.

(3)

Gases. The escape of emission of any gas that is injurious, destructive, or harmful to persons or property, or explosive, shall be unlawful, and shall be abated.

(e)

Glare. Glare from any process (such as or similar to arc welding, or acetylene torch cutting) which emits harmful rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

(f)

Noise.

(1)

General requirements. No use, operation, or activity shall be carried on that causes or creates measurable noise levels that are unreasonably loud or that unreasonably interfere with the peace and comfort of others, or that exceed the maximum noise level limits prescribed in table 18-312-F-1 as measured at any point on property adjacent or in close proximity to the lot, parcel, or other property on which the operation or activity is located.

(2)

Methods and units of measurement. The measuring equipment and measurement procedures shall conform to the latest American National Standards Institute (ANSI) specifications. The sound measuring equipment shall be properly calibrated before and after the measurements.

Because sound waves having the same decibel (Db) level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles-per-second (that is, depending on whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with ANSI specification shall be used on any sound level meter used to take measurements required in this section. All measurements in table 18-312-F are expressed in Db(A) to reflect the use of the A-weighted filer.

(3)

Table of maximum noise levels. Except as otherwise provided in this section, noise levels shall not exceed the limits set forth in the following table 18-312-F:

(4)

Background noise. Where existing background noise exceeds the maximum permitted levels specified in table 18-312-F, the noise caused or created by a specific operation or activity may exceed the levels specified in the table, provided that the sound level on property adjacent or in close proximity to the lot or parcel on which the operation or activity is located does not exceed the background noise level.

For purposes of this subsection, background noise shall mean noise being produced by permitted uses conducted in a legally accepted manner from all sources other than those occurring on the lot or parcel on which the operation or activity is located. Background noise levels shall be determined by measurement at substantially the same time and location as the noise levels caused or created by the complained-of operation or activity.

(5)

Exceptions. Noise resulting from the following activities shall be exempt from the maximum permitted sound levels provided such activity occurs in a legally accepted manner.

a.

Lawfully permitted construction activity between the hours of 7:00 a.m. and 7:00 p.m.

b.

Performance of emergency work, including snow removal.

c.

Warning devices necessary for public safety, such as police, fire, and ambulance sirens, tornado, and civil defense warning devices, and train horns.

d.

Outdoor school and playground activities when conducted in accordance with the manner in which such spaces are generally used, including, but not limited to, school athletic and school entertainment events.

e.

The operation or use of any organ, bell, chimes, or other similar means of announcing religious services at a place of religious worship.

f.

An un-amplified human voice.

g.

Public works maintenance, repair, or improvement projects being conducted by or on behalf of public agencies.

h.

Agribusinesses.

(g)

Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

(1)

No use shall generate any ground-transmitted vibration in excess of the limits set forth in table 18-312-G. Vibration shall be measured at the nearest adjacent lot line.

(2)

The instrument used to measure vibrations shall be a three (3) compartment measuring system capable of simultaneous measurement of vibration in three (3) mutual perpendicular directions.

(3)

The vibration maximums set forth by table 18-312-G are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F × D

Where:

PV = Particle velocity, inches per second

F = Vibration frequency, cycles per second

D = Single amplitude displacement of the vibration, inches

(4)

The values stated in table 18-312-G may be multiplied by two (2) for impact vibrations, i.e., non-cyclic vibration pulsations not exceeding one (1) second in duration and having a pause of at least two (2) seconds between pulses.

(5)

Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

(h)

Waste and rubbish dumping. No person shall keep garbage, sewage, filth, refuse, waste, trash, debris or rubbish, including cans, bottles, wastepaper, cartons, boxes and crates, or other offensive or obnoxious matter. No person shall pile, place, store or dump any such refuse on any land within the township in such a manner as to constitute a nuisance or create a hazard to health, safety, and general welfare of the citizens of the township. All waste material, trash and rubbish must be disposed of at least once each month in accordance with the laws and ordinances of the township. Nothing contained in this article shall prevent the reasonable use of garbage, fertilizers, manure and similar material for the improvement of land situated within a zone which is being utilized for farming purposes in accordance with the State of Michigan Generally Accepted Agriculture Management Practices (GAAMPs). However, the storing, piling, placing, or dumping of the first above mentioned materials from other than one (1) household shall be deemed to be a commercial operation, whether such operations be carried on for a profit or not, and in such case shall comply with the regulations for landfills contained in the Berlin Charter Township Codified Ordinances.

(Ord. No. 01-20, § 18.312, 2-10-20)

The preservation and enhancement of natural features is essential to maintaining Berlin Township's character, ecological diversity and stability, economic well-being and quality of life. For purposes of the section, "natural features" shall include wetlands, watercourses, floodplains, woodlands and trees. When natural features exist on a site proposed to be developed, the applicant shall do the following:

(a)

Federal, state, and local permits. Development in or affecting natural features may be regulated by the federal, state, county or township governments, and require licenses, permits or approvals. Permits and approvals required by Berlin Charter Township shall not relieve a person from obtaining applicable permits or approvals from other relevant jurisdictions. Similarly, obtaining permits from the federal, state or county government does not relieve a person from obtaining the required permits from Berlin Charter Township.

(b)

Site plan review required. In any zoning district, none of the following natural features shall be obstructed, removed, altered, transformed or otherwise impacted in any way at any time by any person except as provided in article VI of this chapter:

(1)

Area, water level, vegetation, edge, bank, shore or natural condition of a river, stream, watercourse, drainageway, lake, or pond, whether filled or partly filled with water or dry in certain seasons.

(2)

Area, water level, vegetation, or natural conditions of a marsh, swamp, or regulated wetland.

(3)

Living tree(s). Site plans to be reviewed by the planning commission shall be accompanied by the information described in section 18-313(c) below. Any such alterations shall be made in conformance to applicable local, state, and federal requirements.

(c)

Natural features impact statement. As part of the site plan review process, as set forth in this chapter, the applicant is required to determine if natural features exist on the site. If one (1) natural feature is determined to exist on a site, then the applicant shall submit a natural features impact statement containing the following information:

(1)

Site inventory map clearly showing locations and types of natural features both on-site and those within one hundred (100) feet beyond the property lines. The drawing shall delineate:

a.

Edges of woodlands and description of plant community type.

b.

Edges of wetlands, watercourse stream banks, ordinary pond, and high-water marks of water features, floodways, floodplains, areas of hydric soils, and highly permeable soils.

(2)

A written description that illustrates the quality, character, and health of the natural features.

(3)

The following standards are intended to protect large mature trees on office, commercial, and industrially zoned properties.

a.

A tree inventory shall be provided identifying the species, size, and location of living trees with a diameter breast height (4.5 feet above grade) of eight (8) inches or greater in required setback areas. These trees shall be preserved.

b.

Tree trimming and tree removal necessary to provide vehicular drives, sidewalks/paths, clear vision areas, utilities, drainage systems, etc., shall be permitted. The removal of diseased, storm damaged, and invasive trees shall be permitted.

(4)

Natural features protection plan. In addition to the natural features impact statement, the applicant shall provide a natural features protection plan as part of the preliminary site plan review process, showing:

a.

Natural features that are excluded from development.

b.

Natural features that will be retained as part of the development, and the measures taken to sustain the natural features.

(Ord. No. 01-20, § 18.313, 2-10-20)

(a)

Where required. A natural features setback shall be maintained in relation to all areas defined in this section as being a natural feature, unless and to the extent it is determined to be in the public interest not to maintain such setback, in accordance with the standards set forth in subsection (d) below.

(b)

Natural features for setback purposes. The following are considered natural features for purposes of this article:

(1)

A wetland subject to regulation by the Michigan Department of Environmental Quality; or

(2)

A watercourse, defined as any waterway including a river, stream, ditch, channel, canal, waterway, lake, pond, or any body of surface water having definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.

(c)

Regulated activities. Within an established natural feature setback, there shall be no:

(1)

Construction.

(2)

Deposit of any material, including structures.

(3)

Removal of any soils or minerals.

(4)

Clearing of any native vegetation.

(5)

Dredging, filling or land balancing.

(6)

Constructing or undertaking seasonal or permanent operations.

(d)

Setback standards. The following setbacks shall apply:

(1)

A twenty-five (25)-foot non-disturbance setback from the boundary or edge of a protected wetland.

(2)

A twenty-five (25)-foot non-disturbance setback from the ordinary high-water mark of a watercourse.

(3)

In addition, no building or construction shall occur within the greater of:

a.

One hundred (100) feet from the high-water mark of any watercourse.

b.

Within the 100-year floodplain, according to the provisions of chapter 8, flood damage control of the Berlin Charter Township Codified Ordinance.

(Ord. No. 01-20, § 18.314, 2-10-20)