It is the purpose of this article to provide regulations for specific uses, which may be regulated as either a permitted or conditional land use.

(Ord. of 3-17-2008, § 6.01)

(a)

Intent. The intent of the cluster housing option is to permit the development of single-family and two-family residential patterns which, through design innovation, will:

(1)

Allow greater flexibility;

(2)

Encourage a more creative approach to the development of single-family residential areas;

(3)

Encourage a more efficient aesthetic, and desirable use of the land;

(4)

Provide a more desirable living environment through the preservation and conservation of natural features such as topography, wetlands, woodlands, bodies of water, and other natural assets;

(5)

Encourage the provision of open space so that benefits may accrue directly to the residents of the development;

(6)

Provide for optimum setbacks from major thoroughfares;

(7)

Provide for the sound physical development and handling of site situations where a conventional subdivision approach would be unnecessarily restrictive.

(b)

Applicability. The cluster housing option may be applied for in the RE, R-1A, and R-1B single-family residential districts and in the RM multiple-family residential districts. In the RM district, cluster housing developments shall comply with restrictions applied in the R-1B district. The following additional standards shall determine whether the cluster housing option is treated as a permitted or special land use:

(1)

As a permitted use. The cluster housing option shall be a permitted use where a minimum of 50 percent of the net site area is permanently preserved in an undeveloped state, subject to all applicable standards set forth herein. Application for cluster housing as a permitted use shall be the option of the applicant.

(2)

As a special land use. The cluster housing option shall be a special land use in all other circumstances where it is not a permitted use, subject to all applicable standards set forth herein.

(c)

Criteria. In the review of any proposed development under this section, the township shall make a finding that the intent of the cluster housing option, as set forth in subsection (a) of this section and one or more of the following standards are met:

(1)

The parcel contains natural assets which would be preserved through the use of cluster development. Such assets may include natural stands of large trees; land which serves as a natural habitat for wildlife; wetlands; bodies of water (i.e., streams, rivers, and lakes); unusual topographic features; or other natural assets which should be preserved.

(2)

The parcel contains major topographic conditions which make development under the normal subdivision approach impractical. In considering qualification under this subsection, the township shall determine that the following conditions exist:

a.

The natural land forms are so arranged that the change of elevation within the site includes slopes in excess of 15 percent between these elevations. These elevation changes and slopes shall appear as the predominant feature of the site rather than the exception or infrequent feature of the site.

b.

Mass grading of the site would be necessary in order to achieve the maximum road grade permitted by the county road commission and the use of cluster housing development will allow for a greater preservation of a desirable natural setting.

(3)

The parcel contains substantial portions of floodplain and wetlands, as verified by a floodplain and wetlands map, issued by the appropriate federal, state, county or township agency, or prepared by a qualified wetlands consultant.

(4)

Due to the size and shape of the parcel, utilization of the cluster lot option would result in the more creative and efficient use of the property and would not create a negative impact upon surrounding properties.

(d)

Procedures for review and approval. A two-part process will be followed in the review and approval of applications for the cluster housing option, as described below:

(1)

Concept plan review. The application for a cluster housing option shall require the review of concept plans and relevant supportive material by the planning commission. The following procedures shall be followed:

a.

The applicant shall file a request for a concept review by the planning commission by filing with the township building official, an application, the applicable fee, and the following information, in the number of copies as required by the township:

1.

Project narrative and site analysis. A summary explanation and graphic illustration of the development concept and the manner in which the criteria in subsection (c) of this section are met.

2.

Density concept plan. A plan which illustrates achievable development of the property without application of the cluster housing option and with all applicable ordinances and laws observed. The density concept plan shall not rely upon community septic and sewer systems, as defined by this chapter, to justify achievable density.

3.

Cluster concept plan. A plan which illustrates development of the property with application of the cluster option.

b.

Both the density and cluster concept plans shall contain the following information:

1.

Evidence of ownership. Location and description of site; dimensions and areas.

2.

General topography, soils information, woodlands, wetlands, floodplains and surface water.

3.

Scale, north arrow, date of plan.

4.

Existing zoning of site; existing land use and zoning of adjacent parcels; location of existing buildings, drives and streets on the site and within 100 feet of the site.

5.

Lot and street layout.

6.

Location, size, and uses of open space.

7.

General description of proposed water, sewage disposal, and storm drainage systems.

c.

Upon receipt of an application for concept review, the director of planning and building shall transmit the application and related material to the planning commission, township planner, and township engineer. Concept review shall be scheduled at the first available planning commission meeting.

d.

The planning commission shall review concept plans and relevant supportive material and shall be entitled to make reasonable inquiries of and receive answers from the applicant. The official minutes shall reflect the recommendations of the planning commission.

e.

Specific details of the site plan prepared in accordance with article II, division 2 of this chapter shall serve as the basis for determining that all township standards have been met.

(2)

Final review. Within six months following the township's review of the concept plan, the applicant shall submit a final plan in accordance with the procedures set forth in section 46-68 and conforming with this section. If a final plan is not submitted by the applicant for approval within six months following receipt of township comments, the concept review becomes null and void.

(e)

Site design requirements. All cluster developments submitted under this option shall conform to the following site design requirements:

(1)

Type of dwelling unit permitted. Development is restricted to single- and two-family dwelling units.

(2)

Density. Whether a permitted use or special land use, the number of dwelling units permitted under the cluster housing option shall not exceed the number of dwelling units if the site were developed with a conventional layout and all applicable ordinances and laws observed, as demonstrated by the density concept site plan submittal in accordance with subsection (d)(2) of this section.

(3)

Open space. Cluster housing treated as a permitted land use shall have a minimum of 50 percent of the net site area devoted to open space, provided such open space is left in an undeveloped state, as defined by this chapter. Cluster housing treated as a special land use shall have significant areas devoted to open space for the use and enjoyment of residents of the development and the preservation of natural features. Designated open space shall remain either in an undeveloped state and/or used for specifically designated recreational purposes. In all cases, designated open space shall be subject to the following standards:

a.

Designated open space shall include area within any greenbelts pursuant to section 46-386.

b.

Designated open space shall not include: rights-of-way or easements designated for road purposes; areas within lots; or, land which is under water (lakes, streams, watercourses, and other similar bodies of water).

c.

Designated open space shall be designed to avoid fragmentation of the natural resources and to include significant native plant communities and habitats located on the site.

(4)

Setbacks. Minimum setback requirements shall be established in a manner which permits variation in the siting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. The following minimum setback requirements for each dwelling unit shall be applied:

(5)

Required road frontage. All lots shall have frontage on a public road which has been accepted for maintenance by the county road commission, or a road which is part of a condominium development where design, construction, and perpetual maintenance of the road have been approved by the township. The extent of road frontage shall be determined by the township, in its discretion, taking into consideration: the extent and importance of natural resources, topographical conditions, floodplains, and wetlands to be preserved on the property, the size and shape of the development site; public safety, aesthetics; and, impact upon the surrounding developments.

(6)

Greenbelt adjacent and parallel to county roads. It is the intent of the township that cluster lot developments shall not appear to the more intense than conventional developments as viewed from off-site. In addition to any required minimum setback specified in section 46-386, a greenbelt having the minimum width of 100 feet shall be required along any adjacent county road. The greenbelt shall be measured from the future right-of-way line in accordance with the county right-of-way plan. The township at its discretion, may permit variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site as well as the county future rights-of-way plan.

(7)

Transition from adjacent parcels. In order to provide an orderly transition of density when a cluster development abuts a single-family residential district of equal or lower density, the township, at its discretion, shall require designation of open space along the common boundaries; screening in accordance with the requirements of section 46-386; and/or an area or row of lots of commensurate size as neighboring residential lots.

(f)

Grant of approval. Upon the grant of special land use approval under this section, the township shall set forth all conditions imposed as part of the approval.

(g)

Preservation and maintenance. The effectiveness of any approval of a cluster lot development under this section shall be conditioned upon recording of appropriate conservation easements, restrictive covenants or other instruments for the purpose of providing for long-term maintenance and preservation of common areas, open space areas, wooded areas and/or other areas with natural resources or features to be preserved on the property. Such easement and/or other instrumentation shall be in a form and contain the content approved by the township attorney.

(Ord. of 3-17-2008, § 6.02)

(a)

Intent. It is the intent of this section to establish standards for public, parochial and other private elementary, intermediate and/or high schools which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

The schools are offering courses in general education.

(2)

The schools are not for profit.

(3)

The site is not less than ten acres in size.

(4)

Access shall be from a major thoroughfare.

(Ord. of 3-17-2008, § 6.03)

(a)

Intent. It is the intent of this section to establish standards for any single-family residential use wherein animals are kept for the use of the owner of the premises and immediate family which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood. These regulations do not apply to the keeping of animals as part of a commercial farm operation.

(b)

Application of regulations.

(1)

Class I animals may be maintained in any zoning classification district, subject to specific restrictions herein.

(2)

Class II animals may be maintained in any single-family residential zoning classification district, subject to the following conditions:

a.

The minimum lot area required to maintain class II animals is two-½ acres. One class II animal shall be permitted for the first two-½acres. Thereafter, one additional class II animal shall be permitted for each full acre in excess of two-½acres.

b.

There shall be adequate fencing, or other restraining device, for the purpose of maintaining animals within the restricted areas provided for in this chapter.

c.

Structures housing class II animals shall be located no nearer than 200 feet to any dwelling which exists on an adjacent lot and no nearer than 100 feet to any adjacent lot line. Fenced areas shall be located no nearer than 50 feet from any dwelling which exists on an adjacent lot.

d.

The refuse and wastes resulting from the maintenance of animals shall be controlled upon the premises, and shall be cared for or disposed of within a reasonable time so as to minimize hazards of health and offensive effects upon neighboring people and uses.

e.

All feed and other substances and materials on the premises for the maintenance of animals shall be stored so as to not attract rats, mice, or other vermin.

(3)

Class III animals may be maintained in any single-family residential zoning classification district, subject to the following conditions:

a.

The minimum lot area required to maintain class III animals shall be two-½ acres. Twenty-five class III animals shall be permitted for the first two-½ acres, thereafter, five additional class III animals shall be permitted for each full one acre in excess of two-½ acres. A maximum of one rooster shall be permitted for each lot or parcel. Lots or parcels under one ownership shall be considered one lot or parcel.

b.

There shall be adequate fencing, or other restraining device, for the purpose of maintaining animals within the restricted areas provided for in this chapter. Fenced areas shall be located no nearer than 50 feet from any dwelling which exists on an adjacent lot.

c.

Structures housing class III animals shall be located no nearer than 100 feet to any dwelling which exists on an adjacent lot and no nearer than 50 feet to any adjacent lot line.

d.

The refuse and wastes resulting from the maintenance of animals shall be controlled upon the premises, and shall be cared for or disposed of within a reasonable time so as to minimize hazards of health and offensive effects upon neighboring people and uses.

e.

All feed and other substances and materials on the premises for the maintenance of animals shall be stored so as to not attract rats, mice or other vermin.

(Ord. of 3-17-2008, § 6.04; Ord. No. 153-14, 4-7-2014; Ord. No. 165-15, 5-4-2015; Ord. No. 181-21, § 3, 7-12-2021; Ord. No. 203-25, 2-3-2025)

(a)

Intent. It is the intent of this section to establish standards for hobby and commercial kennels and other facilities normally incidental thereto which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Hobby kennels shall be permitted as an accessory use in any zoning district where single-family dwellings are permitted uses.

(2)

Commercial kennels shall be a conditional use in the RE District subject to the following conditions:

a.

A minimum lot size of 15 acres shall be maintained.

b.

Any building or fenced area where animals are kept shall be located a minimum of 200 feet from any property line.

c.

The kennel shall be established and maintained in accordance with all applicable state, county and township sanitation regulations. Odor, dust, noise, drainage or insects shall not constitute a nuisance to adjoining properties.

d.

A site plan shall be submitted in accordance to article II, division 2 of this chapter.

(Ord. of 3-17-2008, § 6.05)

(a)

Intent. It is the intent of this section to establish standards for cemeteries and other facilities normally incidental thereto which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

The principal access shall be directly to a county primary road.

(2)

The site shall be a minimum of 20 acres.

(3)

Mausoleum structures, maintenance buildings and similar facilities shall be set back at least 80 feet from any property line.

(Ord. of 3-17-2008, § 6.06)

(a)

Intent. It is the intent of this section to establish standards for parking and storage of commercial trailers, trucks and/or equipment with a rated capacity exceeding 10,000 gross vehicle weight (GVW) which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Minimum acreage required shall be ten acres.

(2)

Not more than three licensed vehicles, or vehicles and mobile equipment in combination shall be parked or stored on the property.

(3)

All vehicles and equipment shall be parked or stored in a completely enclosed building.

(4)

The restrictions in this section do not apply to vehicles and equipment that are used on a bona fide farm and in farming operations as defined by section 46-6.

(Ord. of 3-17-2008, § 6.07)

(a)

Intent. It is the intent of this section to establish standards for day care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

A state licensed family day care home shall be considered a residential use of property and a permitted use in all residential districts. Family day care homes shall be prohibited in all other districts.

(2)

The township may, by issuance of a conditional use permit, authorize the establishment of group day care homes and day care centers as specified in district regulations and subject to the standards herein.

(c)

Standards for group day care homes. Group day care homes shall be considered as a special land use subject to the requirements and standards of article II, division 3 of this chapter and the following additional standards:

(1)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(2)

The property is maintained in a manner that is consistent with the visible characteristics of the neighborhood.

(3)

Fencing shall be provided that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet. The area to be fenced shall be determined by the planning commission.

(4)

The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the drop-off and pick-up of children is not disruptive to neighboring residents.

(5)

One off-street parking space per employee not a member of the group day care home family shall be provided.

(6)

Appropriate licenses with the state shall be maintained.

(d)

Standards for day care centers. Day care centers shall be considered as a conditional land use subject to the requirements and standards of article II, division 3 of this chapter and the following standards:

(1)

Frontage on either a principal or minor arterial road shall be required.

(2)

A separate drop-off and pick-up area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

(3)

Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility.

(4)

There shall be an outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the planning commission if public play area is available 500 feet from the subject parcel.

(5)

Appropriate licenses with the state shall be maintained.

(Ord. of 3-17-2008, § 6.08)

(a)

Intent. It is the intent of this section to establish standards for mobile home parks which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Greenbelt. The park shall have a greenbelt ten feet in width on all sides, and be five feet in height, composed of evergreens such as spruce, pine or ferns. The greenbelt shall be measured from the nearest edge of the road right-of-way to the line of the closest mobile home site. An additional 90 feet of open space shall surround the mobile home park on all sides.

(2)

Recreation. A minimum of 800 square feet of land per mobile home site shall be left in open space developed for recreation purposes. Such developed area shall not include roads, sidewalks, lands under water or having excessive grades and shall be graded and developed as to have adequate drainage and usability by residents of the park. Such space shall be enclosed with shrubs or hedges placed no further than one foot apart nor more than four feet in height.

(3)

Spacing. No mobile home shall be located nearer than 30 feet to any other mobile home or building within the mobile home park.

(4)

Access. Mobile home park shall have direct access to a paved county primary road directly abutting thereon. Acceleration and deceleration lanes shall be provided subject to the approval of the county road commission.

(5)

Travel lanes. All streets and driveways in every mobile home park shall be constructed and maintained with a bituminous concrete road surface or better, which affords ready means of entrance and exit to the street. All such streets and driveways shall have a minimum pavement width of 30 feet for two-way streets and driveways and 20 feet of pavement for one-way streets and driveways. All roads shall have curbs, with a minimum of six inches and gutters, with a minimum of 18 inches. There shall be no on-street parking permitted within the mobile home park.

(6)

Sidewalks. Pedestrian walkways shall include 48-inch wide concrete walks from the entrance of each mobile home to all service facilities provided therein.

(7)

Pads. Each mobile home site shall be provided with a reinforced concrete pad reinforced with six inches by six inches, 11 gauge wire mesh not less than six inches in depth, with suitable anchorage imbedded in the concrete for tie down. Minimum pad dimensions for single mobile homes shall be 12 feet by 60 feet; for double wide mobile homes 24 feet by 50 feet.

(8)

Patio. An outdoor patio area of not less than 180 square feet shall be provided at each mobile home site, conveniently located to the entrance of the mobile home and appropriately related to open areas of the site and other facilities, for the purpose of providing suitable outdoor living space to supplement the limited interior spaces of a mobile home.

(9)

Minimum mobile home size. No mobile home shall be less than 50 feet in length and 12 feet in width.

(10)

Skirting, canopies and awnings.

a.

Each mobile home must be skirted within 90 days after establishment in a mobile home park.

b.

Such skirting shall be of 26 gauge metal, aluminum or other noncorrosive metal or material of equal strength and so constructed and attached to the mobile home so as to deter and prevent the entry of rodents, flies, bugs and other pests.

c.

Canopies and awnings may be attached to any mobile home but they shall not exceed 12 feet in width, or length or the height of the mobile home.

d.

A permit shall not be required for construction or erection of canopies or awnings which are open on three sides. However, a permit shall be required from the building department before construction or erection of any screened, glassed-in or otherwise enclosed awning or canopy.

(11)

Utilities and other services. All mobile home parks shall comply with the following requirements for utilities:

a.

Sewage disposal. Septic tanks and drain fields shall not be permitted. Sewage wastes shall be so treated and disposed of, that there shall be no detectable pollution effects on the surface of the groundwater of township. Plans and specifications for water and sewage facilities shall have the approval of township, the county health department and the state department of health prior to construction. A certificate of approval from each of these agencies must be on file with the township clerk after final inspection of the completed facilities.

b.

Sanitary sewer and water. All sanitary sewer and water facilities, including connections provided to individual sites, shall meet the requirements of the county health department and the state health department.

c.

Plumbing. The plumbing connections to each mobile home lot shall be constructed so that all lines are protected from freezing, from accidental bumping or from creating any type of nuisance or health hazard.

d.

Storm drainage. Storm drainage facilities shall be so constructed as to protect those that will reside in the mobile home park, as well as the property owners adjacent to the park. Such park facilities shall be such capacity to ensure rapid drainage and prevent the accumulation of stagnant pools of water in or adjacent to the park. Storm drainage facilities shall comply with the standards set forth by the county road commission and is subject to the review of the township engineer.

e.

Electricity and telephone. All electric, telephone and other lines from supply poles shall be underground. Each manufactured home lot shall be provided with underground electrical service. When separate meters are installed each meter shall be located on a uniform post on the lot line of each space. Wiring shall comply with the recommended standards of the local utility company and the state construction code.

f.

Heating and cooking fuel. All fuel oil and LP gas tanks shall be located on each mobile home site in a uniform manner. All tanks shall be of an approved type to comply with building code standards, equipped with vent pipes and fused valves as required. All such tanks shall be elevated on noncombustible standards, placed on a concrete base and painted a uniform color.

g.

Garbage repository. Each mobile home lot shall be provided with at least one, ten-gallon metal garbage can with a tightfitting cover. The cans shall be kept in a sanitary condition at all times. It shall be the responsibility of the park owner to ensure that garbage and rubbish shall be collected and properly disposed of outside the mobile home park as frequently as may be necessary to ensure that garbage cans do not overflow. Exterior property areas shall be maintained free of organic and inorganic material that might become a health hazard, accident or fire hazard. Facilities for cleaning refuse receptacles shall be provided in a central location approved by the county health department.

h.

Street lighting. All streets and walkways in the mobile home park shall be lighted at night with incandescent light of not less than one footcandle, such lighting to be in the form of post-top luminaries or an equivalent lighting method, spaced not less than 100 feet apart, and so placed that the lighting emitted will not be directed onto adjacent residentially zoned or developed areas or create a driving hazard on streets or roads abutting the mobile home park property.

i.

Fire hydrants. Fire hydrants of a size and pressure to be used by the township fire department shall be placed within said mobile home park so that no mobile home shall be more than 500 feet from a fire hydrant. Fire extinguishing equipment shall be provided as required by state law and shall be in good working order, of such type, size and number and so located within the park as to satisfy applicable regulations of the state fire code. The number of mobile homes connected to a single main emanating from the feeder main line shall not exceed 35 feet.

(12)

Storage areas. There shall be no storage underneath any mobile home and each mobile home site shall be maintained in a clean and presentable condition at all times. Each mobile home shall be provided with either one metal storage cabinet or a storage cabinet of wood construction meeting the requirements of the state construction code and inspected by the building inspector. These shall be uniform as to size and location throughout the mobile home park site. All cabinets shall be kept clean and shall be maintained in good condition and kept painted and shall be a minimum of eight feet by ten feet, 80 square feet in size.

(13)

Occupancy. No mobile home site within the mobile home park shall be occupied for dwelling purposes until the construction of all sewer, water and electrical, the pairing of sheets and parking areas and street lighting have been completed and approved by the township building inspector.

(14)

Approval by building inspector. No mobile home site within the mobile home park shall be occupied for dwelling purposes until the construction of all sewer, water and electricity; the paving of streets and parking area; and street lighting has been completed and approved by the township building inspector.

(15)

Sales. Mobile homes shall not be moved into the park for the purpose of sale, and except for regularly occupied mobile homes from which the occupants have moved, vacant mobile homes shall not be stored in the park for the purpose of display or sale.

a.

For the purpose of this section, the term "regularly occupied" means occupied by an owner of such mobile home for a period of no less than three months.

b.

Such sales office shall be in the mobile home park office or club house, and shall not be in an independent or freestanding building or mobile home.

c.

The planning commission shall make such other provisions or requirements, including time limitations, as it deems necessary for the maintenance of the standards of this chapter and community. However, in no event shall the commission waive any of the standards of this chapter.

(Ord. of 3-17-2008, § 6.09)

(a)

Intent. It is the intent of this section to establish standards for mobile homes outside of mobile home parks which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Not more than one residential unit shall be permitted per zoning lot.

(2)

The lot on which a mobile home/manufactured home is located shall meet all minimum lot size, setbacks, yard area, parking and all other pertinent requirements of this chapter. The mobile home shall meet the minimum square foot requirements of the zoning district in which is located.

(3)

It shall comply with all pertinent building and fire codes for single-family dwelling units including but shall not be limited to the state construction code as may be amended from time to time.

(4)

It shall be firmly and permanently attached to a solid foundation or basement not less in area than the perimeter area of the dwelling. The foundation and/or basement shall be constructed in accordance with the state construction code.

(5)

It shall not have any exposed wheels, towing mechanism or undercarriage.

(6)

It shall be connected to a public sewer and water supply, if available, or to private facilities approved by the county health department.

(7)

It shall be aesthetically comparable in design and appearance to conventionally constructed homes found within 2,000 feet of the proposed mobile/manufactured home. It shall be the responsibility of the director of planning and building to determine whether this standard is met. The director of planning and building shall make a determination that this standard has been met if all of the following conditions exist:

a.

The proposed mobile/manufactured home will have a combination of roof overhang and pitch of conventionally constructed homes typically found within 2,000 feet of the proposed mobile/manufactured home.

b.

The proposed mobile/manufactured home will have steps and/or porches which provide access to exterior doors, which are permanently attached to the ground and to the mobile/manufactured home structure, and which are comparable to steps and/or porches of conventionally constructed homes typically found within 2,000 feet of the proposed mobile/manufactured home.

c.

The proposed mobile/manufactured home will be covered with a siding material which is in color, texture, malleability, direction of joist and method of fastening to the structure comparable to siding of conventionally constructed homes typically found within 2,000 feet of the proposed mobile/manufactured home.

d.

The proposed mobile/manufactured home will have the glass on its windows recessed at least 1½ inches behind the exterior surface of its siding.

e.

The proposed mobile/manufactured home will have front and rear or front and side exterior doors or such a combination of doors as is found in a majority of the conventionally constructed homes within 2,000 feet of the proposed mobile/manufactured home.

f.

The proposed mobile/manufactured home will have a one-car garage or a two-car garage if such a garage is found in a majority of the homes within 2,000 feet of the proposed mobile/manufactured home. Said garage shall be attached to the principal structure if a majority of the garages within 2,000 feet are attached to the principal structure.

g.

The director of planning and building may approve a mobile/manufactured home as aesthetically comparable in design and appearance to conventionally constructed homes found within 3,000 feet of the proposed mobile home even if all of the above conditions do not exist, provided the director finds that the mobile home and/or its site have other design features which make it aesthetically comparable to conventionally constructed homes within 2,000 feet.

(Ord. of 3-17-2008, § 6.10)

(a)

Intent. It is the intent of this section to establish standards for motor vehicle amusement facilities uses which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Motor vehicle amusement facilities shall include tracks and other areas for the concentrated racing and recreational use of go-carts, motorcycles, automobiles, trucks, ATVs and other motorized vehicles.

(2)

Access and egress requirements. Access and egress shall be provided only from a major arterial or county primary road.

(3)

Minimum site size: 150 acres.

(4)

Minimum setbacks of buildings, parking and activity areas from land zoned or used for residential purposes:

a.

Minimum setback of parking areas shall be 50 feet.

b.

Minimum setback of all viewing stands and vehicle activities shall be 1,000 feet.

c.

Minimum setback of other buildings and other activity areas shall be 500 feet.

(5)

Sight barriers. Sight barriers shall be provided in accordance with section 46-386.

(6)

Noise. Areas where noise-generating activities are located shall be set back and/or screened with walls, berms, depressions or natural topographic features which ensure that the noise generated by site activity will not exceed the noise impact typically generated by the lowest volume county primary road in the township. It will be the responsibility of applicants to prepare appropriate studies to demonstrate that proposed facilities and activities will comply. It will also be the responsibility of the applicant to pay the township's costs for an independent evaluation of the applicant's studies.

(7)

Design and operational intent.

a.

A design and operations plan shall be prepared by the applicant and subject to approval by the township. The plan shall meet the highest standards of the industry for ensuring the protection of adjacent areas from potential deleterious impacts of the proposed use. The provisions of the approved plan shall be an ongoing responsibility of the owner of the property. The plan shall also meet the highest standards of the sport for ensuring the safety of users and neighbors. Violation of the provisions shall be grounds for revoking the special use approval following a hearing.

b.

No design and operations plan shall be approved unless and until one or more independent experts have studied the plan and have testified that it meets the standards specified herein. Experts may be retained by the township to fulfill the requirement for the expert testimony required herein.

(Ord. of 3-17-2008, § 6.11)

(a)

Intent. It is the intent of this section to establish standards for automobile parts stamping plants which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Automobile parts stamping plants, assembly plants, rough saw lumbering facilities and planing mills.

(2)

Such uses shall have a minimum front, side and rear yard of 200 feet or greater setback to ensure the proper application of the "Industrial Performance Standards." Such space shall be maintained as a greenbelt in accordance with section 46-386.

(3)

All open storage areas shall be completely enclosed with a six-foot obscuring fence or wall and no materials shall be piled higher than the enclosure device.

(Ord. of 3-17-2008, § 6.12)

(a)

Intent. It is the intent of this section to establish standards for automobile service stations which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion, which results from the unrestricted and unregulated construction and operation of automobile service stations, and to regulate and control the adverse effects which these and other problems incidental to the automobile service may exercise upon adjacent and surrounding areas, the following additional regulations and requirements of this section apply. No station existing on the effective date of the ordinance from which this chapter is derived shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this section than existed on the effective date.

(2)

An automobile service station shall be located on a lot having frontage along a paved public street and having a minimum area of not less than 14,000 square feet.

(3)

An automobile service station building housing an office and/or facilities for servicing, and/or washing motor vehicles shall be located not less than 40 feet from any street lot line, and not less than 25 feet from any side or rear lot lines adjoining a residentially zoned district.

(4)

All driveways providing ingress to or egress from an automobile service or gasoline station shall be not more than 30 feet wide at the property line. No more than one curb opening shall be permitted for each 50 feet of frontage or major fraction thereof along any street. No driveway or curb opening shall be located nearer than 20 feet from any intersecting street right-of-way or adjacent residential property. No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway giving access to or from the same automobile service station.

(5)

The entire lot, excluding the area occupied by a building shall be hard-surfaced with concrete or a plant-mixed bituminous material except desirable landscaped areas which shall be separated from all paved areas by a low barrier or curb.

(6)

All service equipment shall be enclosed entirely within a building. All gasoline pumps and other associated facilities shall meet the required setback of the district in which the facilities are located. In addition to setbacks, all facilities shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street, right-of-way or required setback.

(7)

Outdoor storage, parking of wrecked or partially dismantled vehicles shall be limited to no more than five days.

(Ord. of 3-17-2008, § 6.13)

(a)

Intent. It is the intent of this section to establish standards for commercial boat launching which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood. In addition to these provisions, all boat launching facilities are subject to the rules of the MDEQ regarding marina facilities.

(b)

Application of regulations.

(1)

Both commercial boat launching and/or docking facilities, public and private, shall be limited to facilities for or directly related to the launching and docking of recreational power boats, sailboats, row boats, canoes and similar small water craft as regulated by adjacent lake front landowner's association or the township. The dispensing and sale of fuel, oil and parts may be permitted as an accessory use. Retail convenience sales may also be permitted as an accessory use on a limited basis.

(2)

Access and egress shall be provided only from a major arterial or county primary road.

(3)

Minimum site size shall be three acres per boat launching site for the first six boat slips, plus three acres for each additional set of ten boat slips or part thereof.

(4)

Minimum setbacks of buildings, parking and activity areas from land zoned or used for residential purposes:

a.

Minimum setback of parking areas shall be 50 feet.

b.

Minimum setback of boat launching and docking areas shall be 100 feet.

c.

Minimum setback of other buildings and other activity areas shall be 100 feet.

(5)

Sight barriers shall be provided in accordance with section 46-386.

(6)

Design and operational intent. A design and operations plan shall be prepared by the applicant and subject to approval by the township. The plan shall meet the highest standards of the industry for ensuring the protection of adjacent areas from potential negative impacts of the operation of adjacent properties. Violation of the provisions shall be grounds for revoking the special use approval following a hearing. No design and operations plan shall be approved unless and until one or more independent experts have studied the plan and have testified that it meets the standards specified herein. Experts may be retained by the township to fulfill the requirement for the expert testimony required herein.

(Ord. of 3-17-2008, § 6.14)

(a)

Intent. It is the intent of this section to establish standards for campgrounds and recreational vehicle parks which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations. Campgrounds and recreational vehicle parks shall be limited to transient recreational purposes. Retail, service, and utility uses shall be limited to the accessory provision of goods and services for overnight visitors. Such uses shall not be visible from campground or recreational vehicle park boundaries.

(1)

Access and egress requirements: Access and egress shall be provided only from a major arterial or county primary road.

(2)

Minimum site size: 20 acres.

(3)

Minimum setbacks of buildings, campsites and activity areas from land zoned or used for residential purposes: 75 feet.

(4)

Maximum density:

a.

Not more than 12 campsites shall be permitted per acre of total park size.

b.

Each campsite shall be at least 3,000 square feet.

c.

Recreational vehicles or tents shall not be parked any closer than 15 feet to each other.

d.

Public stations, housed in all-weather structures, containing adequate water outlets, toilets, waste containers and shower facilities, shall be provided uniformly throughout the development at a ratio of not less than one such station per each 20 sites.

(5)

Road, pad and parking area surfacing requirements: Roads, recreational vehicle pads and parking areas shall be surfaced with gravel or paving material adequate to remain in good condition throughout at least one operating season without maintenance.

(6)

Design and operational intent:

a.

A design and operations plan shall be prepared by the applicant and subject to approval by the township. The plan shall meet the highest standards of the industry for ensuring the protection of adjacent areas from potential deleterious impacts of the proposed use. The provisions of the approved plan shall be an ongoing responsibility of the owner of the property. Violation of the provisions shall be grounds for revoking the special use approval following a hearing.

b.

No design and operations plan shall be approved unless and until one or more independent experts have studied the plan and have testified that it meets the standards specified herein. Experts may be retained by the township to fulfill the requirement for the expert testimony required herein.

(Ord. of 3-17-2008, § 6.15)

(a)

Intent. It is the intent of this section to establish standards for churches and other facilities for religious activities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Lot size shall be a minimum of three acres.

(2)

The site shall be so located as to have at least one property line abutting a road designated as a county primary road. All ingress and egress to the site shall be directly onto said county primary road.

(3)

There shall be no off-street parking in the required front yard and wherever the off-street parking area is adjacent to the residentially-zoned land. Screening shall be further subject to the provisions of section 46-386.

(4)

All religious activities shall take place in a fully enclosed building except as may be approved consistent with an approved site plan pursuant to article II, division 2 of this chapter.

(5)

Operations of activities or other accessory uses shall be consistent with programs, hours of operation and other requirements that have been submitted by the applicant and shall be subject to planning commission review and approval.

(Ord. of 3-17-2008, § 6.16)

(a)

Intent. It is the intent of this section to establish standards for colleges, universities and similar institutions of higher learning which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education are subject to the following conditions:

(1)

Uses developed under the provisions of this section shall be located on sites of at least 20 acres.

(2)

All ingress and egress from said site shall be directed on to a county primary road or major thoroughfare.

(3)

No building used for instruction, offices or residences shall be closer than 100 feet to any residential property line. Other buildings and outdoor athletic areas shall be no closer than 200 feet to any residential property line. No parking area shall be closer than 80 feet to any property line.

(4)

Development plan shall show future construction and projected maximum enrollment.

(5)

The provisions of this section are not intended to permit the establishment of trade schools for the purposes of training operators of motor vehicles or heavy equipment.

(Ord. of 3-17-2008, § 6.17)

(a)

Intent. It is the intent of this section to establish standards for drive-in restaurants which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations. Eating and drinking establishments of a drive-in or open front store character are subject to the following regulations:

(1)

Points of ingress and egress will not be less than 100 feet from the intersection of any two streets.

(2)

The site will be adjacent to a county primary road and all points of ingress and egress will be directly onto said road.

(3)

Lighting will be directed away from adjacent residential areas.

(Ord. of 3-17-2008, § 6.18)

(a)

Intent. It is the intent of this section to establish standards for drive-in theaters which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

Outdoor theaters shall abut a major thoroughfare and points of ingress and egress shall be available only from such major thoroughfare.

(2)

All vehicles, waiting or standing to enter the facility, shall be provided off-street waiting space. No vehicle shall be permitted to wait or stand within a dedicated right-of-way.

(3)

The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares. All lighting used to illuminate the area shall be installed as to be confined within and directed onto the premises of the outdoor theater site.

(4)

Audio for the outdoor theater shall not be beyond the property lines of the facility.

(5)

Area of property shall be a minimum of 40 acres.

(Ord. of 3-17-2008, § 6.19)

(a)

Intent. It is the intent and purpose of the township to carry out the legislative directive of the Federal Communication Commission's authorization of wireless communication facilities needed to operate wireless communication systems throughout the country. It is the further intent and purpose of the township, however, to provide for such authorization in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community as a whole. In fashioning and administering the provisions of this section, the township has endeavored to balance these potentially competing interests within the zoning authority granted to the township.

(b)

Application of regulations.

(1)

Facilitate adequate and efficient provision of sites for wireless communication facilities.

(2)

Establish predetermined districts or zones of the number, shape, and in the location considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.

(3)

Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts or zones. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods and areas within the community. Consequently, more stringent standards and conditions should apply to the review, approval and use of such facilities.

(4)

Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.

(5)

Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impacts upon existing population, transportation systems, and other public services and facility needs.

(6)

Promote the public health, safety and welfare.

(7)

Provide adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.

(8)

Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.

(9)

Minimize the negative visual impact of wireless communication facilities on neighborhoods, community landmarks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, and the use of stealth technology structures which are designed for compatibility, including the use of existing structures and the avoidance of lattice structures that are unnecessary.

(10)

The township board finds that the presence of numerous tower and/or pole structures, particularly if located within residential areas, would decrease the attractiveness, quality of life, and destroy the character and integrity of the community.

(11)

This, in turn, may have an adverse impact upon property values. Therefore, it is necessary to minimize the adverse impact from the presence of numerous tower and/or pole structures having unreasonably low architectural and other aesthetic appeal, recognizing that the absence of regulation would result in a material impediment to the maintenance and promotion of property values, and further recognizing that this economic component is an important part of the public health, safety and welfare.

(c)

Authorization as permitted use. Subject to the standards and conditions set forth in subsection (e) of this section, the wireless communication facilities shall be permitted uses in the following circumstances, and in the following overlay zones:

(1)

Circumstances creating permitted use treatment. In the following circumstances, a proposal to establish a new wireless communication facility shall be deemed a permitted use and be located on an existing lot or parcel which meets the minimum zoning requirements of the district in which it is proposed, with the exception of a public utility tower collocation as noted below:

a.

An existing structure which will serve as a support structure for an attached wireless communication facility within a nonresidential zoning district, where the existing structure is not, in the discretion of the director of planning and building, proposed to be either materially altered or materially changed in appearance; or an existing structure which will serve as a support structure for an attached wireless communication facility within a residential zoning district if the cabinet or building servicing the wireless communication facility is either not visible from any residence or can be screened in accordance with the standards set forth in sections 46-386 and 46-387 and where the existing structure is not, in the discretion of the director of planning and building, proposed to be either materially altered or materially changed in appearance.

b.

A proposed collocation upon an attached wireless communication facility which had been pre-approved for such collocation as part of an earlier approval by the township.

c.

An existing structure which will serve as the support structure for an attached wireless communication facility consisting of a utility pole located within a right-of-way, where the existing pole is not proposed to be modified in a manner which, in the discretion of the director of planning and building, would materially alter the structure and/or result in an impairment of sight lines or other safety interests.

d.

A public utility tower if the accessory buildings or cabinets serving the wireless communication facility are either not visible from any residence or can be screened in accordance with the standards set forth in sections 46-386 and 46-387 where the existing structure is not, in the discretion of the director of planning and building, proposed to be either materially altered or materially changed in appearance. It is recognized that public utility towers may or may not be located on individual parcels or lots and may be located within an easement area for the utility tower.

(2)

Permitted use overlay zones. A proposal to establish a new wireless communication facility shall be deemed a permitted use if proposed in a permitted use overlay zone, as shown on the township wireless communication facility overlay map which is incorporated herein by reference.

(d)

Authorization as a special land use. Subject to the standards and conditions set forth in subsections (e) and (f) of this section, wireless communication facilities shall be permitted as a special land use in the following circumstances and in the following special use overlay zones:

(1)

If it is demonstrated by an applicant that there is no reasonable means of establishing a wireless communication facility as a permitted use under subsection (b)(3) of this section, and a new wireless communication facility is required in order to operate a wireless communication service, then a wireless communication facility may be authorized as a special land use within a special land use overlay zone, as shown on the township wireless communication facility overlay map which is incorporated herein by reference, with the approval of the planning commission following a public hearing, considering the standards and condition set forth in article II, division 3 of this chapter.

(2)

If it is demonstrated by an applicant that there is no reasonable means of establishing a wireless communication facility within a permitted use or special land use overlay zone identified in this section, then a wireless communication facility may be permitted elsewhere in the township as a special land use, with the approval of the planning commission, following a public hearing, subject to the criteria and standards of subsections (e) and (f) of this section, and also subject to the following:

a.

At the time of the submittal, the applicant shall demonstrate that a location within a permitted use or special land use overlay zone cannot meet the need required for operation of a system.

b.

Wireless communication facilities shall be of a design such as (without limitation) a steeple, bell tower, or other form which is compatible with the existing character of the proposed site, neighborhood and general area, as approved by the township.

c.

In single-family residential neighborhoods, site locations outside of an overlay zone identified in subsection (c)(1) of this section, shall be considered first on the following sites (not stated in any order of priority), subject to application of all other standards contained in this section:

1.

Municipally-owned site.

2.

Other governmentally-owned site.

3.

Religious or other institutional site.

4.

Public park and other large permanent open space areas, when unrelated structures are located outside an area equal to the height of any wireless communication facility structure.

5.

Public or private school site.

6.

Other locations if none of the above is available.

(e)

Standards and conditions applicable to all facilities. All applications for wireless communication facilities shall comply and be reviewed in accordance with the following standards and conditions, and if approved, shall be constructed and maintained in accordance with such standards and conditions. In addition, if the facility is approved, it shall be constructed and maintained with any additional reasonable conditions imposed by the planning commission in its discretion consistent with this section.

(1)

Facilities shall be located and designed to be harmonious with the surrounding area. Among other things, all reasonable attempts shall be made and thoroughly explored to utilize existing structures on which to place facilities, i.e., to utilize attached wireless communications facilities.

(2)

Facilities shall be located and designed to be reasonably harmonious with the surrounding areas.

(3)

Wireless communication facilities shall comply with applicable federal and state standards relative to the environmental effects of radio frequency emissions, as confirmed by submission of a certification of compliance by the applicant's licensed engineer.

(4)

Applicants shall demonstrate a justification for the proposed height of the structures and an evaluation of alternative designs which might result in lower heights. Structures which require or are proposed to have high intensity (strobe) lighting shall be permitted in daylight hours only and blinking (not strobe), red light at night.

(5)

New wireless communication facilities located in nonresidential zoning districts must be located on a minimum five-acre parcel. New wireless communication facilities located in residential zoning districts must be located on a minimum 40-acre parcel. Wireless communication facilities may be permitted as accessory uses in either nonresidential or residential zoning districts.

(6)

The following additional standards shall be met:

a.

The maximum height of the new or modified support structure and antenna shall be the minimum height demonstrated to be necessary for reasonable communication by the applicant (and by other entities to collocate on the structure). In no case shall the height of a new or modified support structure and antenna exceed the standard contained in subsection (f)(3) of this section. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.

b.

The setback of a new or materially modified support structure from any lot line shall be at least the height of the highest point of any structure on the premises.

c.

There shall be unobstructed access to the support structure, for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement. This access shall have a width and location determined by such factors as: the location of adjacent thoroughfares and traffic and circulation within the site; utilities needed to service the tower and any attendant facilities; the location of buildings and parking facilities; proximity to residential districts and minimizing the disturbance to the natural landscape; and the type of equipment which will need to access the site.

d.

The design and appearance of the support structure and all accessory buildings shall minimize distraction, reduce visibility, maximize aesthetic appearance; and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition.

e.

The support system shall be constructed in accordance with the state construction code and shall include the submission of a soils report from a geotechnical engineer, licensed in the state. This soils report shall include soil borings and statements confirming the suitability of soil conditions for the proposed use. The requirements of the Federal Aviation Administration, Federal Communication Commission, and Michigan Aeronautics Commission shall be noted.

f.

Applications made which do not include the signature of the licensed operator of a wireless communication service at the time of community processing may be tentatively approved, but shall not receive final approval unless and until the application has been amended to include a signature on behalf of a licensed operator. A tentative approval shall be valid for 90 days. If, during a 90-day tentative approval period, final approval is granted to authorize a wireless communication facility within two miles of the property on which a facility has been tentatively approved, such tentative approval shall thereupon expire unless the applicant granted tentative approval demonstrates that it would not be feasible for it to collocate on the facility that has been newly granted final approval.

g.

The antenna and other attachments on a wireless communication facility shall be designed and constructed to include the minimum attachments required to operate the facility at the site, both in terms of number and size of such attachments and shall be designed and constructed to maximize aesthetic quality.

(f)

Standards and conditions applicable to special land use facilities. Applications for wireless communication facilities which may be approved as special land uses, shall be reviewed, and if approved, constructed and maintained in accordance with the standards and conditions in and in accordance with the following standards:

(1)

The applicant shall demonstrate the need for the proposed facility to be located as proposed based upon the presence of one or more of the following factors:

a.

Areas of population concentration.

b.

Concentration of communication, industrial, and/or other business centers.

c.

Areas where signal interference has occurred due to masses of trees, or other obstructions.

d.

Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

e.

Other specifically identified reason creating facility need.

(2)

The antennas shall be covered in such a manner that they will be hidden from view by the pole or other aesthetically pleasing element.

(3)

The pole shall not exceed 190 feet in height or, if a tree-like structure, it shall not exceed the tallest tree in the area around the wireless communication facility by more than 25 percent, whichever is shorter.

(4)

The proposal shall be reviewed in conformity with the collocation requirements of subsection (h) of this section and removal requirements of subsection (i) of this section.

(g)

Application requirements.

(1)

A site plan prepared in accordance with section 46-67 shall be submitted, showing the location, size, screening and design of all buildings and structures, including fences, and the location and size of outdoor equipment, and the location, number, and species of proposed landscaping.

(2)

The site plan shall also include a detailed landscaping plan where the support structure is being placed at a location which is not otherwise developed or where a developed area will be disturbed. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure.

(3)

The application shall include a signed certification by a state licensed professional engineer with regard to the manner in which the proposed structure will fall, which certification will be utilized along with other criteria such as applicable regulations for the district in question, in determining the appropriate setback to be required for the structure and other facilities.

(4)

The application shall include a description of security to be posted with the township at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in below. In this regard, the security shall, at the election of the applicant, be in the form of cash, surety bond, letter of credit, or an agreement in a form approved by the attorney for the township and recordable at the office of the register of deeds, establishing security for the promise of the applicant and owner of the property to remove the facility in a timely manner as required under this section, with the further provision that the applicant and owner shall be responsible for the payment of any costs and attorneys fees incurred by the community in securing removal. Further, the recordable instrument will include a right of entry for removal and an administrative fee to the township.

(5)

The application shall include a map showing existing and known proposed wireless communication facilities within the township and further showing existing and known proposed wireless communication facilities within areas surrounding the borders of the township in the location, and in the area, which are relevant in term of potential collocation or in demonstrating the need for the proposed facility. If and to the extent the information in question is on file with the township, the applicant shall be required only to update as needed. Any such information which is trade secret and/or other confidential communication information which, if released would compromise said information and would ultimately be detrimental to the applicant, may be submitted with a request for confidentiality in connection with appropriate provisions of the Michigan Freedom of Information Act. This chapter shall serve as the promise to maintain confidentiality to the extent permitted by law. The request for confidentiality must be made in writing to the township.

(6)

The name, address and phone number of the person to contact for engineering, maintenance and other notice purposes. This information shall be continuously updated during all times the facility is on the premises.

(7)

The application fee in the amount specified by township board resolution.

(8)

The owner or duly authorized representative of all ownership interest in the land on which the wireless communication facility is proposed to be located shall sign the application. In addition, if a licensed entity intended to be the operator on the facility does not sign the application, approval shall be restricted as provided in the general regulations.

(h)

Collocation requirements.

(1)

Statement of policy. It is the policy of the township to minimize the overall number of newly established locations for wireless communication facilities and wireless communication support structures within the community, and encourage the use of existing structures for attached wireless communication facility purposes, consistent with the statement of purpose and intent, set forth in subsection (a) of this section. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the township that all users should collocate on attached wireless communication facilities and wireless communication support structures in the interest of achieving the purposes and intent of this section, as stated above, and as stated in subsection (a) of this section. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that an additional structure will be compelled in direct violation of and in direct contradiction to the basic policy, intent and purpose of the township. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the township.

(2)

Feasibility of collocation. Collocation shall be deemed to be feasible for purposes of this section where all of the following are met:

a.

The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.

b.

The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.

c.

The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.

d.

The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the township, taking into consideration the intent and purpose of this chapter and the several standards contained above.

(3)

Requirements for collocation.

a.

A special land use permit for the construction and use of a new wireless communication facility shall not be granted unless and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.

b.

All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.

c.

The policy of the township is for collocation. Thus, if a party who owns or otherwise controls a wireless communication facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a nonconforming structure and use, and shall not be altered, expanded or extended in any respect.

d.

If a party who owns or otherwise controls a wireless communication facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new wireless communication support structure, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation of this chapter and contradiction of the policy, intent and purpose of this section, and consequently such party shall be prohibited from receiving approval for a new wireless communication facility within the township for a period of five years. Such a party may seek and obtain a variance from the zoning board of appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, means a demonstration that enforcement of the five-year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.

(4)

Incentive. Review of an application for collocation, and review of an application for a permit for use of a facility permitted under subsection (h)(3)a of this section shall be expedited by the township.

(i)

Removal requirements.

(1)

A condition of every approval of a wireless communication facility shall be adequate provision for removal of all or part of the facility by users and owners upon the occurrence of one or more of the following events:

a.

When the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.

b.

Six months after new technology is available at reasonable costs as determined by the municipal legislative body, which permits the operation of the communication system without the requirement of the support structure or with a support structure which is lower and/or more compatible with the area.

(2)

The situations in which removal of a facility is required, as set forth in subsection (i)(1) of this section, may be applied and limited to portions of a facility.

(3)

Upon the occurrence of one or more of the events requiring removal, specified in subsection (i)(1) of this section, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with the complete demolition, removal, and restoration of the premises to compliant condition as reasonably determined by the director of planning and building.

(4)

If the required removal of a facility or a portion thereof has not been lawfully completed within 60 days of the applicable deadline, and after at least 30 days' written notice, the township may remove or secure the removal of the facility or required portions thereof with its actual cost and reasonable administrative charge to be drawn, collected and/or enforced from or under the security posted at the time application was made for establishing the facility.

(5)

The person who had used the facility shall immediately notify the township clerk in writing if and as soon as use of a facility ceases.

(j)

Effect and approval.

(1)

Subject to the following subsection (j)(2) of this section, final approval shall be effective for a period of six months.

(2)

If construction of a wireless communication facility is commenced within two miles of the land on which a facility has been approved, but on which construction has not been commenced during the six-month period of effectiveness, the approval for the facility that has not been commenced shall be void following notice from the township of the commencement of the other facility, unless the applicant granted approval for the facility which has not been commenced demonstrates that it would not be feasible for it to collocate on the new facility.

(Ord. of 3-17-2008, § 6.20)

(a)

Intent. It is the intent of this section to establish standards for open air business uses, which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

The minimum area of the site shall be 10,000 square feet.

(2)

The minimum street frontage shall be 100 feet.

(3)

There shall be provision for the interception of wind-blown trash and other debris by appropriate fence along interior lot lines.

(4)

Off-street parking areas and aisles shall be paved in accordance with the requirements of section 46-361, unless an acceptable substitute is approved by the board of zoning appeals.

(5)

Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will cause direct illumination of adjacent properties.

(Ord. of 3-17-2008, § 6.21)

(a)

Adult entertainment uses which can be permitted under certain conditions when all of the requirements for these uses have been met. It has been demonstrated that the establishment of adult businesses in C-4 districts which are immediately adjacent to and which serve residential neighborhoods, has deleterious effects on both businesses and residential segments of the neighborhood, causing blight and a downgrading of property values. A prohibition against the establishment of more than two regulated uses within 1,000 feet of each other serves to avoid clustering of certain businesses, which when located in close proximity to each other, tend to create a negative atmosphere. The concern for and pride in the orderly planning and development of a neighborhood should be encouraged and fostered in those persons who comprise the business and residential segments of that neighborhood. The planning commission and the township board should be guided by the expressed will of those businesses and residences, which are immediately adjacent to the proposed locations of, and therefore, most affected by the existence of any adult oriented businesses.

(b)

For the purpose of this section, the following shall control:

(1)

Definitions.

a.

Adult entertainment use means any use of land, whether vacant or combined with structures or vehicles thereon by which said property is devoted to displaying or exhibiting material for entertainment, a significant portion of which includes matter of actions depicting, describing or presenting specified sexual activities or specified anatomical areas. Adult entertainment uses shall include but not be limited to the following:

1.

Adult motion picture theater.

2.

Adult mini-motion picture theater.

3.

Adult motion picture arcade.

4.

Adult bookstore.

5.

Adult cabaret, nightclub, topless lounge, etc.

6.

Adult motel.

7.

Adult massage parlor.

8.

Adult model studio.

9.

Adult retail store.

b.

Adults only means businesses that prohibit or exclude entry to those persons who are under 18 years of age.

c.

Significant portion means any one or more portions of the display having continuous duration in excess of five minutes; and/or the aggregate of portions of the display having a duration equal to ten percent or more of the display: and/or the aggregate portion of the collection of any materials or exhibits composing the display equal to ten percent or more of the display.

d.

Display means as used in the above definition, the word display means any single motion or still picture, presentation, dance, or exhibition, live act, or collection of visual materials such as books, films, slides, paraphernalia, periodicals, pictures, videocassettes or any other printed or recorded matter which is open to view or available to the general population whether for free or otherwise.

e.

Specified sexual activities means, as used in the above definition, human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

f.

Specified anatomical areas means, as used in the above definition, less than completely and opaquely covered human genitals, pubic region, buttock, human genitals, female breast below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(2)

Dispersal regulations. No adult entertainment use/adults only businesses shall be located within 1,000 feet of any other adult entertainment use/adults only businesses nor within 600 feet of, but not limited to, any of the following uses:

a.

All class "C" establishments licensed by the Michigan Liquor Control Commission.

b.

Pool or billiard halls.

c.

Coin-operated amusement centers.

d.

Teenage discos or dancehalls.

e.

Ice or roller skating rinks.

f.

Pawnshops.

g.

Indoor or drive-in movie theatres.

h.

Any established business catering to children under the age of 18, and generally attracting patrons in such age group.

i.

Any public park.

j.

Any church or church related property.

k.

Any public or private school having a curriculum including kindergarten or any one or more of the grades, one through 12.

l.

Any property zoned or used for residential purposes.

m.

Any other regulated uses as defined herein. Such distance shall be measured along the centerline of the street or address between two fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above-listed uses nearest to the contemplated location of the structure containing the adult entertainment use/adults only business use and from the contemplated location of the structure containing the adult entertainment use/adults only business use nearest to a use listed.

(3)

Display content. No adult entertainment use/adults only business use shall be conducted in any manner that permits the observance or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not regulated as an adult entertainment use/adults only business use. This provision shall apply to any display, decoration, sign, show window, or other opening.

(4)

Variance requirements. In addition to all other requirements for the obtaining of a variance from the provisions herein, as set forth in other portions of this chapter, the zoning board of appeals may waive the limiting regulations of this section only if all of the following findings are made:

a.

That the proposed use will not be contrary to the public interest or injurious to the nearby properties, and that the spirit and intent of this chapter will be observed.

b.

Vehicular ingress and egress shall be directly onto a major thoroughfare having an existing or planned right-of-way of at least 120 feet in width and shall have one property line abutting said thoroughfare.

c.

The use shall not be in a planned shopping center.

d.

The proposed use will not affect adjacent areas by enhancing or promoting blight, cause a negative effect upon any other adult entertainment use/adult only businesses nor within 600 feet of, but not limited to, any of the following uses:

1.

All class "C" establishments licensed by the Michigan Liquor Control Commission.

2.

Pool or billiard halls.

3.

Coin-operated amusement centers.

4.

Teenage discos or dancehalls.

5.

Ice or roller skating rinks.

6.

Pawnshops.

7.

Indoor or drive-in movie theatres.

8.

Any established business catering to children under the age of 18, and generally attracting patrons in such age group.

9.

Any public park.

10.

Any church related property.

11.

Any public or private school having a curriculum including kindergarten or any one or more of the grades, one through 12.

12.

Any property zoned or used for residential purposes.

13.

Any other regulated uses as defined herein. Such distance shall be measured along the centerline of the street or address between two fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above-listed uses nearest to the contemplated location of the structure containing the adult entertainment use/adults only business use and from the contemplated location of the structure containing the adult entertainment use/adults only business use nearest to a use listed.

(Ord. of 3-17-2008, § 6.22)

(a)

Market analysis. All developers of proposed planned shopping centers shall submit a market analysis suitable for the size center proposed, showing the need for a planned shopping center in the location requested and the inadequacy of existing shopping facilities to meet demands. For these purposes, the market analysis shall contain the following determinations:

(1)

Determination of the trade area of the proposed planned shopping center.

(2)

Determination of trade area population, present and future.

(3)

Determination of effective buying power in the trade area.

(4)

Determination of net potential customer buying power for stores in the proposed planned shopping center.

(b)

Minimum size. A planned shopping center when used in this context means a commercial development which has been designed, developed and operated as a unit and has the following:

(1)

A site of at least ten acres.

(2)

At least five stores.

(3)

A gross floor area of at least 40,000 square feet.

(c)

Conceptual development plan. Together with, and in addition to, other submissions required for site plan review in accordance with section 46-67, a general conceptual development plan drawn to scale shall be submitted which shows the coordinated design of, and relationship of the proposed use to the entire district.

(d)

Greenbelt. A greenbelt as required in section 46-386 of dimensions and plant materials as determined by the planning commission shall be provided around the entire perimeter of the site except openings for access onto the public street system. A wall or barrier of suitable material as determined by the planning commission not less than six feet high shall be constructed along those property lines which abut a residential district in accordance with section 46-386.

(e)

Landscape plan. A landscape plan which includes the entire site shall be submitted for approval to determine compliance with screening and planting requirements.

(f)

Circulation plan. An internal system of roads and walks shall separate pedestrian and vehicular traffic, and, as required by the township, necessary marginal roads shall be provided. In approving the site plan, the planning commission may recommend that marginal access drives be provided. Points of ingress and egress, shall be placed no closer than 500 feet apart. In the case of a lot with narrow frontage which will require a single outlet, the planning commission may recommend that funds be placed in escrow with the county road commission in order to provide, when necessary, for a marginal service drive equal in length to the frontage of the property involved. Should a portion of the C-3 district be initially developed then an overall area-wide road system must be first agreed upon by the township and the developer so that the initial development will fit in suitable with later stages of development.

(g)

Off-street parking and loading. Off-street parking and loading must comply with the requirements of article VII of this chapter.

(h)

Outside storage. The outside storage or display of goods or materials shall be prohibited irrespective of whether or not they are for sale.

(i)

Warehousing, indoor storage. Warehousing or indoor storage of goods or materials in quantity greater than normally incident to the above-permitted uses, shall be prohibited.

(j)

Financial responsibility. A statement of financial responsibility, including the posting of bonds or cash to assure the installation of the improvements required by the township as a condition to the development shall be provided in an amount as determined by the township board.

(Ord. of 3-17-2008, § 6.23)

(a)

Intent. It is the intent of this section to establish standards for extractive operations which will ensure compatibility with adjacent land uses and maintain the character of the area in which the facility is located.

(b)

Application of regulations.

(1)

A separate application shall be required for each excavation site as contained within a zoning lot as defined in section 46-6. The application shall be made in writing to the township planning and building department and shall contain names and addresses of the applicants and of all parties of interest in said premises setting forth their legal interest in said premises, as well as the information required in subsection (b)(2) through (b)(6) of this section.

(2)

Vertical aerial photograph enlarged to a scale of one inch equals 200 feet from original photography flown at negative scale no smaller than one inch equals 1,000 feet, and certified as flown not earlier than two months prior to date of application. The vertical aerial photograph shall cover:

a.

All land included in the permit application.

b.

All contiguous land which is or has been used by the owner or leaseholder applicant for sand and gravel extraction, processing, storage or other permitted use. Contiguous means within one mile of site.

c.

All lands within one-half mile of proposed planned mining areas.

d.

All public or private roads which provide access to property.

e.

Boundary of the entire planned mining area by courses and distances.

(3)

Maps. Maps, in the number prescribed by the township, drawn to the scale of 200 feet equals one inch or larger and with two-foot contour intervals. Maps shall include, as a minimum, the following information:

a.

Property boundaries and boundaries of areas to be mined.

b.

Site topography and natural features including location of watercourses within the planned mining area.

c.

Access road location.

d.

Proposed traffic patterns.

e.

Location of fencing.

f.

Location of weighing facilities, if applicable.

g.

Location of existing and proposed utilities.

h.

Indication of use of adjoining land within one mile of the site boundaries, including zoning classifications.

i.

Borrow and soil storage areas.

j.

Location of public and private water supplies, wells, springs, streams, swamps or other bodies of water within one-quarter mile of the proposed excavation site property lines.

k.

Location of gas and oil wells within one-quarter mile of the property lines.

l.

Location of fuel transmission pipeline rights-of-way within one-quarter mile of property lines.

m.

Location of mining operations within one-quarter mile of property lines.

n.

All railroad rights-of-way within one-quarter mile of property lines.

o.

Any additional information required by the township planning commission.

(4)

Plan of operations. A plan of operations prepared by licensed engineers and geologists which shall be written and submitted which is specific as to areas to be mined, schedule of mining, site preparations, source and types of materials to be mined. The plan shall include details relative to:

a.

Elevation and grade of final restoration.

b.

Average thickness of overburden in the area of proposed operations.

c.

Management of groundwater.

d.

Management of surface water.

e.

Erosion control.

f.

Revegation procedures to be used.

g.

Quality of material to be excavated.

h.

Depth of water table throughout the planned mining area for which permit is sought.

i.

Details of similar operations carried on by the applicant.

j.

The type and daily number of vehicles to be used in the proposed operations.

k.

Identification of access roads, on-site roads, grades for proper drainage and any special draining devices, if necessary, fencing, and structures on site, existing or proposed, existing and proposed utilities, and any explanation of any on-site testing or other reliable survey data, including soil surveys, water tables and subsurface characteristics.

l.

Presentation of an environmental impact statement and a statement concerning trees and/or other vegetation, which statement shall address the township woodlands and wetlands regulations.

m.

A soils, geologic and groundwater report of the characteristics of the proposed site, prepared by a competent hydrogeologist, shall be based on a geological investigation showing a sufficient number of borings and wells drilled to a depth necessary to determine the soil, geology and seasonal groundwater flow conditions. These may be supplemented by excavations where appropriate.

n.

Such other information and material as the board shall require.

(5)

A transparent overlay at the same scale as the vertical aerial photograph and delineating:

a.

Area of active excavation.

b.

Area requested for excavation.

c.

Area of active settling ponds and washing plant facilities.

d.

Area requested for settling ponds and washing facilities.

e.

Area of existing treatment facilities and sand and gravel storage.

f.

Area requested for treatment facilities and sand and gravel storage.

g.

Area of production facilities for resource-related industry.

h.

Area requested for production facilities for resource-related industry.

(6)

Restoration plan. The applicant shall submit a restoration plan providing for an orderly continuing restoration of all land permitted to be excavated for its resources. The plan for restoration shall be submitted in three parts: a general plan as an overlay for the vertical aerial photograph, a restoration contour plat, and a description of restoration methods, and materials proposed for renewal of topsoil and replanting. A general plan for restoration shall be presented on a transparent overlay at the same scale as the vertical aerial showing the following:

a.

General area of land as completely restored.

b.

General area of restoration stages.

c.

General area currently used for topsoil and overburden storage.

d.

General area proposed for topsoil and overburden storage.

e.

The acreage for each item shown on the overlay shall be indicated on plan.

f.

Restoration contour plat shall be prepared on the same base as the identification plat required above, to indicate the general grades and slopes to which excavated areas are to be backfilled.

g.

A description of the methods and materials proposed for restoration of topsoil to the required fertility and the amount and type of planting shall be filed as part of the restoration plan, subject to approval of appropriate county and state agencies.

h.

The objectives of the plan shall be:

1.

To prevent soil erosion which may menace life or limb, endanger property or affect the safety, usability or stability of any public property.

2.

To prepare the mined land, by grading fertilizing and planting on approximately an annual basis, for its ultimate reuse at the expiration of the time limits set forth in the permit.

(7)

Special land use review. All standards contained in article II, division 3 of this chapter shall be followed including all public hearing requirements.

(8)

The following requirements shall be mandatory:

a.

Surety bond. The applicant shall post a surety bond or some other equitable security satisfactory to the township naming the township as the beneficiary thereof in an amount determined by the township to be reasonably necessary to ensure compliance hereunder. The bonds shall guarantee compliance with this chapter, the permit requirements and conditions, and that the operation will be carried out according to the approved plans and specifications. Upon the lack of timely compliance with the requirements for which the bond guaranteed, the township may use the bond proceeds to the extent necessary. By filing an application, every applicant shall be deemed to have granted a license to the township and its agents and contractors to go onto a property under permit to use the bond proceeds for the purposes allowed by the bond, for which there has been noncompliance. In fixing the amount of such bond, the township shall take into account:

1.

The size and scope of the proposed operation.

2.

Current prevailing cost of rehabilitating the premises upon default of the operator.

3.

Other such conditions and factors as might be relevant in determining the sum reasonable in light of all facts and circumstances surrounding each application.

b.

Minimum bond. In no case will the sum of the surety bond be less than as currently established or as hereafter adopted by resolution of the township board from time to time. The applicant shall provide proof that the township will be notified in the event of any lapse in the effectiveness of the bond.

c.

Maximum size of active operation. No more than 30 acres, excluding land used for processing, weighing, and administration may be under excavation at any one time; subject, however, the following limitations:

1.

No more than ten acres for mining.

2.

No more than ten acres for stripping or future mining preparation.

3.

No more than ten acres for rehabilitation.

(9)

Debris on public roads. The owner and/or permit holder of any site where there is soil removal, shall take whatever steps are necessary to avoid any motor vehicle carrying or tracking onto any public right-of-way from the site, any mud, dirt, clay, refuse, etc.

a.

Obligation to clean. If mud, dirt, clay, refuse, etc., is carried or tracked onto a public right-of-way, and it does or might constitute a nuisance or hazard to public safety, the owner and/or permit holder shall clean the said right-of-way when and as often as is necessary, presuming weather conditions permit. In any case, an owner and/or permit holder shall not leave any such debris on a public right-of-way after the end of any working day.

b.

Notice from township. If notified during a working day by the township of a condition which requires cleaning, the matter shall be taken care of within one hour, weather permitting.

c.

Violations. If a nuisance or hazardous condition is left after a working day, or not cleaned up within one hour after receiving a request from the township, and weather does not prevent the clean-up, the township may issue a citation for the violation of this subsection, due to the allowance of said condition to remain on the highway, and/or clean the right-of-way and charge the owner and/or permit holder with the cost thereof, which may be collected in any court having general jurisdiction. Repeat violations of three or more may result in a revocation of the permit by the township board.

(10)

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

a.

Retention areas. No area designated for, and/or used as a drainage retention area shall be altered, filled in, abandoned or used for other purposes, unless it is done pursuant to a permit issued under this subsection.

b.

Permit. A permit shall be required under this subsection notwithstanding a permit is not otherwise required by this chapter. Permit requirements and procedure shall be adopted by the township board, from time to time, by resolution.

(11)

Drifting and blowing material. The drifting or air-borne transmission beyond the property line of dust, particles or debris from any open stockpile, working areas or unplanted areas, shall be unlawful and may be summarily caused to be abated.

(12)

Electromagnetic radiation. Applicable rules and regulations of the Federal Communication Commission in regard to propagation of electromagnetic radiation are hereby made part of this Code and shall be on file in the office of the building department.

(13)

Floodplain, watercourse and wetlands. There shall be no excavation or soil removal in any floodplain, watercourse and/or wetlands, unless permitted by the appropriate state agency and by the township pursuant to chapter 14, article V.

(14)

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

(15)

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

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

(16)

Vibration. All machinery shall be so mounted and operated as to prevent transmission of ground vibration exceeding a displacement of .003 of one inch measured at any property line of its source.

(17)

Roads on landfill and soil excavation sites shall be designed and constructed so that traffic will flow smoothly and will not be interrupted by inclement weather. Nonpaved roads between the site and the nearest paved roads, paved roads off of site within one-quarter mile of the site entrance which are used by vehicles and/or equipment traveling to or from the site, and all roads on site shall not be used unless they are treated by sufficient water and/or chemical substance, whichever would be appropriate for the surface, and frequent enough so that they are dust free whenever used by vehicles and/or equipment.

(18)

Soil erosion. If a soil erosion permit is required by Part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.), no operation shall take place until a permit has been obtained. There shall be compliance at all times with the requirement of the soil erosion permit.

(19)

Hours of operation. Maximum hours of operation shall be 7:00 a.m. to 6:00 p.m., unless otherwise specified by the township planning commission. No operation shall be permitted on Sundays and legal holidays. In emergency situations, this time period may be modified by the township building department provided such emergency order shall not be effective for more than 72 hours.

(20)

Soil excavation operational regulations.

a.

Limits of perimeter. No cut or excavation shall be closer than 100 feet from the nearest street, highway, or alley right-of-way, nor from the nearest perimeter property line; provided, however, that the planning commission may prescribe more strict requirements in order to give sub-lateral support to surrounding property where swell or geographic conditions warrant it.

b.

Surface water drainage. The premises shall at all times be graded to prevent interference with surface water drainage.

c.

Standing water. No soil, sand, clay, gravel or other similar materials shall be removed in such a manner as to cause water to stand or accumulate, or to result in a place of danger or a menace to the public health or safety.

d.

Slopes. The slopes of the banks of the excavation shall in no event exceed a minimum ratio of three feet horizontal to one foot vertical, and where ponded water results from the operation, the slope must be maintained and extended into the water to a depth of five feet. Suitable vegetation shall be planted on all finished slopes to deter erosion.

e.

Fence. Where there is an excavation in excess of five feet, the permit holder shall erect a fence, of at least six feet in height, of wire mesh, or such other suitable materials as shall be approved by the planning commission to afford protection to persons and property. Any gates required shall be kept locked when operations are not carried on.

f.

Signs. Where removal or grading operations result in a body of water forming, the owner or operator of said quarry shall erect "KEEP OUT—DANGER" signs on the required fence around the excavation not more than 200 feet apart, or as otherwise required by the township planning commission.

g.

Processing. Processing of materials mined from any property shall be permitted only in an industrial zoned district. Processing means altering the material.

(21)

Restoration.

a.

Requirement established. All areas within any excavation site operating under a single permit shall be restored progressively. Restoration shall be in accordance with the plan approved by the planning commission. Restoration shall be to a condition which blends with the general surrounding terrain so as to appear reasonable and natural.

b.

Topsoil.

1.

Stockpiling. Whenever topsoil exists, suitable for growing turf or for other land use, at the time the operations begin, a sufficient quantity of the existing topsoil shall be stockpiled on said site so that the entire site, when stripping or removal operations are completed, may be recovered with a minimum of four inches of topsoil.

2.

Replacement. The replacement of the topsoil shall be in a manner suitable for growing turf and it shall be seeded.

c.

Inspections. The building department shall conduct inspections hereunder, and shall notify the owner and/or operator by regular mail of any portions of the site that it deems abandoned and/or ready for restoration.

d.

Completion dates. Upon receipt of such notification, the owner and/or operator shall have said areas restored within 30 days, or within said 30 days supply the planning commission with a written reply indicating the dates of anticipated restoration. The planning commission may accept or reject said dates. If said dates are accepted, they shall be binding on both parties. If rejected, the planning commission shall set new dates which shall be final.

e.

Release of surety bond.

1.

Completion. Upon completion of the restoration, or upon completion of a part thereof, the person posting the bond may make application to the township building department for refund or reduction of the bond or its pro rata share. Upon examination by the building department and upon its notice in keeping with the plan, requirement, or agreement as set forth by the planning commission and that said restoration is in keeping with the general surrounding terrain so as to appear reasonably natural, the township shall refund or reduce the bond pro rata.

2.

Additional remedies. Should the cost of said restoration exceed the amount of the bond, the permittee shall pay the township the amount of such excess. The amount due may be assessed against the property if not timely paid and collected with general property taxes.

f.

Revocation.

1.

Notice of violation. The building department may, in its discretion, notify the owner and/or operator of any violation or complaint of violation of the permit and/or this chapter.

2.

Failure to abate violation. Upon failure, of the owner and/or operator to abate said violation within five days after mailing or delivery of said notice, said operation site may be summarily closed, and the permit therefor suspended or revoked, and resort had to the bond for restoration.

3.

Hearing request. Any owner and/or operator aggrieved of any notice sent pursuant to this subsection, may request a hearing before the planning commission, if the request is in writing and delivered to the township. The request should set forth why the operation site should not be summarily closed, the permit suspended or revoked, and resort had to the bond.

4.

Action pending hearing. In any case, if the planning commission determines the operation of the excavation would be detrimental to the health and/or safety of persons and/or property, the board may summarily suspend or revoke the permit, but shall grant a hearing upon request as provided herein.

5.

Hearing. If a request for a hearing is received, the planning commission shall hold a hearing at the next scheduled planning commission meeting and may after the hearing continue the suspension or revocation of the permit, or take such other action as appears appropriate under the circumstances.

g.

Fees and/or costs. An applicant for a permit shall deposit such fees and/or costs in an amount as follows:

1.

Permit fee. The permit fee for land balancing, land filling and earth extraction operations shall be as currently established or as hereafter adopted by resolution of the township board from time to time. Said permit fee shall be paid before issuance of the permit. The cost of inspections by the township director of planning and building, regardless of the number of inspections required throughout the year, shall be covered by the fee.

2.

Engineering costs. In addition to the permit fee, there shall be placed in an escrow account, to cover any engineering costs incurred during the permit year, an amount as currently established or as hereafter adopted by resolution of the township board from time to time. As funds are incurred, the permit holder shall be notified and additional deposits will be required to maintain a minimum escrow account as currently required or as hereafter adopted by resolution of the township board from time to time at all times.

(22)

No permit hereunder shall be required for those operations permitted by section 46-249.

(23)

Area, height, bulk and placement requirements, unless otherwise specified, are as provided in section 46-215, schedule of regulations.

(Ord. of 3-17-2008, § 6.24)

(a)

Intent. It is the intent of the township to permit the effective and efficient use of wind energy conversion systems (WECS) by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of WECS.

(b)

Approval required. It shall be unlawful to construct, erect, install, alter, or locate any WECS within the township except in compliance with the section. A building permit is required for any WECS pursuant to section 46-33 and this section.

(c)

Permitted accessory use. On-site WECSs less than 70 feet in height shall be considered a lawful accessory use in the RE and R-1A zoning districts pursuant to this section.

(d)

Conditional use, on-site—RE and R-1A districts. On-site WECSs of 70 feet or more in height shall be considered a conditional use in the RE and R-1A zoning districts and shall be subject to the provisions of this section and article II, division 3 of this chapter.

(e)

Same—Other districts. On-site WECS towers of any height shall be considered a conditional use in the following zoning districts and shall be subject to the provisions of article II, division 3 of this chapter: R-1B, RM, C-1, C-2, C-3, C-4, REC, TIO, GI, EI.

(f)

Conditional use, commercial. Commercial WECS shall be considered a conditional use in the following districts and shall subject to the provisions of this section and Article 8, Special Land Use: RE, REC, EI.

(g)

Application—Accessory use. The application for an on-site WECS when permitted as an accessory use shall include the following:

(1)

Applicant information. Name, address and contact information.

(2)

Project description. A general description of the proposed project as well as a legal description (property identification number) of the property on which the project would be located.

(3)

Plot plan and documentation. The plot plan shall include maps showing the physical features and land uses of the project area, both before and after construction of the proposed project. The plot plan shall include:

a.

The project area boundaries.

b.

The location, height and dimensions of all existing and proposed structures and fencing.

c.

Distance of proposed structure from all property lines and permanent structures.

d.

The location, grades and dimensions of all temporary and permanent on-site access roads.

e.

Existing topography.

f.

Water bodies, waterways, wetlands, and drainage ditches (county drains).

g.

All new infrastructure above ground related to the project.

h.

The location of all overhead utility wires.

(4)

Additional documentation.

a.

Insurance. Proof of the applicant's liability insurance covering the WECS.

b.

Sound pressure level. Documentation of the manufacturer's designed sound pressure levels (decibels) for unit to be installed.

c.

Grant of authority. The applicant shall provide evidence of ownership of the land which the WECS is to be located and the written consent of the land owner if different from the applicant. If the applicant is leasing land the applicant shall provide a copy of the lease agreement and the land owner's written authorization for the applicant to construct the structure.

(h)

Same—On-site WECS conditional use. The application for an on-site WECS when permitted as a conditional use shall meet all of the requirements for a conditional use permit application, except that a complete site plan shall not be required unless the proposed WECS involves changes to the site outside the footprint of the WECS, or the planning commission finds that the scale or character of the project or other factors, including the nature of the surrounding area warrant a complete site plan. If a complete site plan is not required by the planning commission, the applicant shall submit the information described in subsection (i)(3) of this section or such other information as the planning commission may determine.

(i)

Same—Commercial WECS conditional use. The application for a commercial WECS shall meet all of the requirements for a conditional use permit application and shall include a complete site plan in accordance with article II, division 2 of this chapter.

(j)

Standards and requirements. All on-site WECSs and commercial WECSs shall meet the standards and findings of section 46-11 and the following additional standards and requirements:

(1)

Property setbacks.

a.

The distance between a WECS and the nearest property line shall be at least 1.5 times the height of the WECS.

b.

No part of the WECS structure, including guy wire anchors, may extend closer than ten feet to the owner's property line.

(2)

Height. On-site WECSs shall be less than 150 feet in height. Commercial WECSs shall be less than 275 feet in height. Height shall be measured from the existing grade to the tip of the turbine blade at its highest point. The applicant shall demonstrate compliance with all FAA lighting regulations and the Michigan Tall Structures Act as part of the approval process, if applicable.

(3)

Other required setbacks.

a.

The distance between a WECS and a road or a public right-of-way shall be at least 1.5 times the height of the WESC.

b.

Distance between. The distance between a WECS and any other on-site or commercial WECS shall be at least 1.5 times the height of the taller of the two WECSs.

(4)

Noise; sound pressure level.

a.

Audible noise or the sound pressure level of an on-site WECS or commercial WECS shall not exceed 55 dB(A) (A-weighted decibels) at the property line closest to the WECS. For commercial WECSs, modeling and analysis of sound pressure shall be required in accordance with the provisions outlined below.

b.

This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms.

(5)

Shadow flicker. The applicant shall conduct an analysis of potential shadow flicker. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify impacted areas where shadow flicker may affect occupants or users of the structures or properties in the impacted area. The analysis shall describe measures that will be taken to eliminate or mitigate negative impacts.

(k)

Construction codes, towers and interconnections standards.

(1)

Every WECS shall comply with all applicable state construction codes and local building permit requirements.

(2)

Every WECS shall comply with Federal Aviation Administration requirements, the Michigan airport zoning act (Public Act 23 of 1950), the Michigan tall structures act (Public Act 259 of 1959), and any other applicable state or federal laws or regulations.

(3)

An on-site WECS or commercial WECS that is tied to the electrical grid shall comply with state public service commission and utility interconnection requirements. Off-grid WECSs are exempt from this requirement.

(l)

Safety.

(1)

Design safety certification. The safety of the design of every WECS shall be certified by the applicant's professional engineer registered in the state and reviewed by the township. If WECS construction is approved, the professional engineer shall certify that the construction and installation of the WECS meets or exceeds the manufacturer's construction and installation standards, and any applicable state and federal laws and regulations prior to operation.

(2)

Controls and brakes. Every WECS shall be equipped with manual and automatic controls to limit rotation of blades to a speed not to exceed the designed limits of the WECS. The applicant's professional engineer must certify that the rotor and overspeed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification approved by the township.

(3)

Lightning. Every WECS shall have lightning protection.

(4)

Guy wires. If an on-site WECS is supported by guy wires, the wires shall be clearly visible to a height of a least six feet above the guy wire anchors. Every commercial WECS must be of a freestanding monopole design and guy wires shall not be used.

(5)

Grade clearance. The minimum vertical blade tip clearance from grade shall be 25 feet for any WECS employing a horizontal axis rotor.

(6)

Interference. Every WECS shall be designed and operated to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave or television signals.

(7)

Color. Towers and blades shall be painted a non-reflective neutral color designated on the application and approved by the township or as otherwise required by law.

(8)

Climb prevention. Every WECS must be protected by anti-climbing devices such as:

a.

Fences with locking portals at least eight feet high;

b.

Anti-climbing devices 12 feet from base of pole including anti-climb panels, anti-climb brackets, and other similar devices.

(m)

Removal of abandoned on-site WECS. In the event an on-site WECS is abandoned or unused for a period of 180 days, or if a WECS is damaged, the owner of the tower or the land shall promptly remove the tower and all related equipment. Failure to remove the tower and related equipment in accordance with the foregoing shall subject the tower owner and land owner to fines established by the township board. In addition, by accepting a permit for the on-site WECS, the applicant and land owner agree that in the event the tower and equipment is not removed as required, after 30 days' notice from the township, the township may undertake such removal and bill the costs to the applicant and land owner plus an administrative fee of 15 percent which, if not paid within 30 days, shall be assessed against the land on which the tower and equipment is located and collected in the same manner as delinquent taxes.

(n)

Additional requirements for commercial WECS. The following standards and requirement shall apply to every commercial WECS:

(1)

Warnings. A visible warning sign of high voltage shall be placed at the base of every commercial WECS. The sign must have at least six inch letters with three-quarter-inch stroke. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress.

(2)

Signage. In addition to warning signs and signs required by law, every commercial WECS shall be equipped with a sign containing owner identification and contact information. No other signs or advertising are permitted.

(3)

Liability insurance. The owner or operator of a commercial WECS shall maintain a current commercial liability and property damage insurance policy with coverage limits acceptable to the township pertaining to installation and operation of the commercial WECS. The amount and terms of the policy shall be established as a condition of conditional use permit approval. The township and land owner shall be named as additional insureds. Certificates of insurance shall be provided to the township annually.

(4)

Security. The application shall include a description of security to be posted at the time of receiving a building permit for the WECS to ensure removal of the WECS when it has been abandoned or is no longer needed, as provided in subsection (n)(9) of this section. The security shall be the form of cash, letter of credit, or an escrow agreement, in an amount approved by the township engineer and in a form approved by the township attorney providing for timely removal of the commercial WECS as required under this section, and payment of any costs and attorney fees incurred by the township in connection with such removal.

(5)

Visual appearance; lighting; powerlines. The design of the WECS buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend WECS components with the natural setting and existing environment. For commercial WECSs exceeding minimum FAA height requirements for lighting, minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. The electrical collection system shall be placed underground within the interior of each parcel at a depth designed to accommodate any existing land use to the maximum extent practicable. The collection system may be place overhead adjacent to public roadways, at points of interconnection to the electric grid or in other areas as necessary.

(6)

Wildlife impact. The applicant shall submit an avian study by a qualified professional, such as an ornithologist or wildlife biologist, describing the potential impact of the commercial WECS on migratory birds or bats and threatened or endangered species.

(7)

Annual inspection; maintenance. The WECS and surrounding area shall be maintained in accordance with industry standards including painting and landscaping. Every commercial WECS must be inspected annually by an authorized factory representative or professional engineer to certify that the WECS is in good working condition and is not a hazard to persons or property. Certification records shall be submitted annually to the township.

(8)

Sound pressure level. As part of the application and prior to installation of any commercial WECS, the applicant shall provide modeling and analysis that will confirm that the commercial WECS will not exceed the maximum permitted sound pressure levels. Modeling and analysis shall conform to IEC 61400 and ISO 9613. After installation of the commercial WECS, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. Documentation of the sound pressure level measurements shall be provided to the local government within 60 days of the operation of the project.

(9)

Removal. A commercial WECS shall be removed by the owner of the WECS or land when the commercial WECS has been abandoned or unused for 180 days ("non-use period"). For purposes of this section, the damage, destruction or removal of any part of WECS equipment, or the cessation of operations shall be considered as the beginning of a non-use period. The WECS owner or applicant shall notify the township of the beginning of any non-use period or any removal of equipment. The end of the non-use period may be sooner than 180 days after commencement if the WECS or any portion of the facility becomes a nuisance or is dangerous to the public health, safety and welfare.

a.

At the end of the non-use period, the owner of the WECS or the land shall immediately apply for and obtain any applicable demolition or removal permit, and shall immediately proceed with and complete the demolition and removal of the WECS and restoration of the land to the condition existing prior to installation, to the extent reasonably feasible.

b.

If the required demolition, removal and restoration of the WECS has not been lawfully completed within 60 days after the end of the non-use period, then after 15 days' prior written notice to the land owner and the WECS owner, the township may remove or secure the removal of the WECS and related equipment and the township's costs, expenses, attorneys fees and consultants fees, plus a 15 percent administrative charge may be drawn and collected from the security described in subsection (n)(4) of this section, and any costs and fees in excess of the amount of the security shall constitute a lien on the land on which the WECS is located and may be collected in the same manner as delinquent taxes.

(Ord. No. 129, § 6.25, 2-1-2010)

The purpose of this section is to provide a consistent set of exterior architectural design standards, the intent of which is to create, enhance and promote the qualitative visual environment and rural character and style of Brandon Township. Also, the intent is to encourage developers and their architects to explore the design implication of their project to the context of the site, surrounding area and the township. This section is not intended to regulate the quality, workmanship and requirements for materials relative to strength, durability and endurance, maintenance, performance, load capacity, or fire resistance characteristics.

Building design and location shall contribute to the uniqueness of the commercial zoned areas within the township with predominant material, elements, features, color range and activity areas tailored specifically to the site and its content. In the case of projects which contain more than one building, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the M-15 corridor and other commercial zoned properties. In projects containing more than one building, a distinct visual link shall be established among various buildings by using architectural site design elements such as courtyards, plaza(s), landscaping and walkways to unify the project. A standardized prototype design shall be modified if necessary to meet the provisions of this section.

(1)

Open space and community design feature.

a.

Residential uses (not in single-family residential districts). An active and passive recreation/open space shall demonstrate that at least ten percent of the gross land area is maintained for recreation/open space amenities which accurately reflect the intended demographics of the development not withstanding other ordinance requirements for cluster housing options, planned unit development or other residential development standards.

b.

All non-residential uses. Each non-residential establishment shall have at least two amenities or features that enhance community and/or public spaces, including but not limited to patio/seating area, pedestrian plaza with benches, window shopping walkway, outdoor playground area, landscaped water feature, clock tower, flag poles, or other such deliberately shaped area and/or focal feature or amenity that, in the sole discretion of the planning commission, is determined to adequately enhance such community and public spaces.

(2)

Building design and orientation.

a.

New principal structures shall be located no more than 75 feet from the greenbelt line. Large scale retail establishments shall be exempt from this maximum setback, but must meet the building design and orientation standards found in this section.

b.

Facades greater than 100 feet in length, measured horizontally, shall incorporate projections or recesses extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

c.

Ground floor facades that face public streets shall have arcades, pillars, cornices, display windows, entry areas, awnings, or other such features along no less than 50 percent of their horizontal length. Real windows allowing daylight in the building are encouraged.

d.

Building materials and colors. Predominant exterior building materials shall be high quality materials, including, but not limited to, brick, stone, architectural steel and glass, and integrally tinted/textured concrete masonry units. All facade colors and materials (including neon) shall be reviewed and approved by the planning commission as part of the full site plan review process.

e.

Roofs shall exhibit one or more of the following features depending upon the nature of the roof and building design:

1.

Flat roofs. Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view are required.

2.

Pitched roofs.

a.

Overhanging eaves on pitched roofs shall be a minimum of 12-inches including gutter, with a minimum one-inch rake.

b.

An average slope greater than 4:12 is required.

c.

All rooftop equipment shall be screened.

f.

Entrances. Each principal building on a site shall have clearly defined, highly visible entrances featuring no less than three of the following: canopies or porticos; overhangs, recesses/projection, arcades, raised corniced parapets over the door, peaked roof forms, arches, outdoor patios, display windows, architectural details such as tile work and moldings which are integrated into the building structure and design, integral planters or wing walls that incorporate landscape areas and/or places for sitting and special pavement.

g.

Windows. All window designs shall be compatible with the style, materials, color, details and proportion of the building. The number of window panes, the way it opens, the trim around it and whether it is embellished with shutters must be consistent with the architectural style of the structure.

h.

Awnings. Fixed or retractable awnings are permitted if they complement a building's architectural style, material, colors, and details; do not conceal architectural features (such as cornices, columns, pilasters, or decorative details); do not impair facade composition; and are designed as an integral part of the facade. Metal or aluminum awnings are prohibited unless they are matching and compatible to the roofing material.

i.

Storefronts. Storefronts shall be integrally designed with overall facade character. Ground floor retail, service and restaurant uses should generally have large pane window displays, however, they shall not exceed 75 percent of the total ground level (first floor) facade area. Buildings with multiple storefronts shall be of unified design through the use of common materials, architectural details, signage and lighting consistent with the overall building style.

j.

Drive-through windows. Drive-through windows shall be designed as a related, integrated architectural element and part of the overall design composition of the building.

k.

Pedestrian pathways and sidewalks. Vehicular access and circulation shall be planned to ensure safe pedestrian movement within the development. Pedestrian systems shall provide safe, all weather, efficient, and aesthetically pleasing means of on-site movement and shall be an integral part of the overall design concept. Pedestrian pathway connections to parking areas, buildings and other amenities between on-site and perimeter pedestrian systems and paths shall be planned and installed when feasible. Pedestrian pathways shall also be provided to accommodate neighboring properties and connect to other pathway systems. The pathways are to be a minimum of eight feet in width and constructed of approved hard surface materials.

l.

Signage. All signs permitted within the township shall be subject to the provisions of article X of this chapter (Signs) unless a stricter provision is provided below. All signs within a specific development shall be subject to the following requirements and standards:

1.

All signs shall be designed so as to be integral and compatible with the architecture and landscape component of the development.

2.

A comprehensive sign plan shall be submitted with each development project.

m.

Utilities and communication devices. All exterior on-site utilities, including but not limited to drainage systems, sewers, gas lines, water lines, electrical, telephone and communications wires and equipment, shall be installed and maintained underground wherever possible. On site underground utilities shall be designed and installed to minimize disruption of off-site utilities, paving and landscape during construction and maintenance.

(Ord. No. 144-12, 3-5-2012; Ord. No. 169-18, §§ 2, 3, 10-1-2018; Ord. No. 199-24, 12-2-2024)

(a)

Purpose. It is the intent of the township to permit solar energy collectors by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of solar energy collectors. Building-mounted and ground-mounted solar energy collectors, as defined in this chapter, shall comply with the provisions of this section.

(b)

Building-mounted solar energy collector requirements. A building-mounted solar energy collector shall be a permitted accessory use in all zoning districts, subject to the following requirements:

(1)

Solar energy collectors that are mounted on the roof of a building shall not project more than five feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.

(2)

Solar energy collectors mounted on the roof of a building shall be only of such weight as can safely be supported by the roof, and weight of snow and/or ice which they collect. Proof thereof, in the form of certification by a professional engineer or other qualified person, shall be submitted to the township building official prior to installation; such certification shall be subject to the building official's approval.

(3)

Solar energy collectors that are roof-mounted, wall-mounted or are otherwise attached to a building or structure shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the building official prior to installation; such proof shall be subject to the building official's approval.

(4)

Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.

(5)

Solar energy collectors shall not be mounted on a building wall that is parallel to an adjacent public right-of-way (facing a roadway) within 100 feet of the public right-of-way.

(6)

The exterior surfaces of solar energy collectors that are mounted on the roof or on a wall of a building, or are otherwise attached to a building or structure, shall be generally neutral in color and substantially non-reflective of light.

(7)

Solar energy collectors shall be installed, maintained, and used in accordance with the manufacturer's directions and subject to the township construction code, the electrical code, and other applicable township construction codes. Upon request, a copy of such directions shall be submitted to the township building official prior to installation. The building official may inspect the completed installation to verify compliance with the manufacturer's directions.

(8)

Solar energy collectors, and the installation and use thereof, shall comply with the township construction code, the electrical code, and other applicable township construction codes.

(c)

Ground-mounted solar energy collector requirements. A single, ground-mounted solar energy collector may be permitted as an accessory use in all zoning districts, and subject to the following requirements:

(1)

Single ground-mounted solar energy collectors may be located in the rear yard and the side yard, but must meet the required side and rear yard setbacks of the district in which they are located.

(2)

Ground-mounted solar energy collectors shall not exceed 15 feet in height, at full tilt, measured from the ground at the base of such equipment.

(3)

Ground-mounted solar energy collectors shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of such attachment shall be submitted to the township and shall be subject to the building official's approval.

(4)

Ground-mounted solar energy collectors shall be installed, maintained, and used in accordance with the manufacturer's directions and subject to the township construction code, the electrical code, and other applicable township construction codes. A copy of such directions shall be submitted with the building permit application.

(5)

The exterior surfaces of ground-mounted solar energy collectors shall be neutral in color and substantially non-reflective of light.

(6)

Ground-mounted solar energy collectors, and the installation and use thereof, shall comply with the township construction code, the electrical code and other applicable township construction codes.

(7)

Ground-mounted solar energy collectors shall meet the maximum lot coverage standards found in section 46-215 of this chapter.

(d)

Commercial solar energy systems. The following requirements shall apply to all commercial solar energy systems:

(1)

Purpose and intent: The purpose and intent of this section is to establish standards for the siting, installation, operation, repair, decommissioning, and removal of commercial solar energy systems as a conditional land use.

(2)

State of Michigan preemption for certain projects:

a.

It is recognized that certain large scale commercial solar energy system projects are regulated by the Michigan Public Service Commission (MPSC) pursuant to PA 233 of 2023. Any solar energy facility with a nameplate capacity of 50 megawatts or more shall meet the requirements of PA 233 of 2023 and are not subject to the provisions of this ordinance.

b.

For projects regulated by the MPSC pursuant to PA 233 of 2023, the Brandon Township Supervisor shall request to the MPSC to require an electric provider or independent power producer that proposes to construct an energy facility in Brandon Township to obtain a certificate for that energy facility from the MPSC following all application and public notification procedures as outlined in section 223 of PA 233 of 2023.

(3)

Site plan drawing and supporting materials: All applications for a commercial solar energy system use must be accompanied by detailed site plans, drawing to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information:

a.

All requirements for a site plan contained in division 2, site plan review of the Brandon Charter Township Zoning Ordinance.

b.

All lot lines and dimensions, including a legal description of each lot or parcel comprising the commercial solar energy system.

c.

Names of owners of each lot or parcel within Brandon Charter Township that is proposed to be within the commercial solar energy system.

d.

Vicinity map showing the location of all surrounding land uses.

e.

Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures, and utilities associated with the commercial solar energy system.

f.

Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above ground structures and utilities on the property.

g.

Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the commercial solar energy system and within 100 feet of all property lines of the commercial solar energy system.

h.

Proposed setbacks from the solar array(s) to all existing and proposed structures within the Commercial Solar Energy System.

i.

Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the commercial solar energy system at a minimum of five-foot contours.

j.

Access driveways within and to the commercial solar energy system, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access driveways shall be subject to Oakland County Road Commission approval, and shall be planned so as to minimize the use of lands for that purpose. Site grading and driveways shall not block the flow of water from adjacent parcels.

k.

Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the commercial solar energy system.

l.

A written description of the maintenance program to be used for the solar array(s) and other components of the commercial solar energy system, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the commercial solar energy system is decommissioned.

m.

Planned lightning protection measures.

n.

Environmental impact statement. An environmental impact statement based upon a site inventory map and assessment shall be prepared by a qualified professional, or professional engineer, addressing impacts the operation will have on natural features, and flora and fauna, both on the site and adjacent lands, as well as any mitigation measures needed to eliminate or minimize these impacts. The name, address, and professional qualifications of the proposed professional design team members, including the designation of the person responsible for the preparation of the environmental impact study shall be provided for the approval of the planning commission. The statement should also address the following:

1.

Applicable setbacks for the site and from the solar panels.

2.

Tree fence rows, woodlands and wetlands and the extent of such lands.

3.

Watercourse stream banks, pond ordinary highwater marks, flood ways, and flood plains, where determinable from public and private records and/or when accessible to applicant as through aerial photographic interpretation.

4.

Areas of hydric soils, highly permeable soils, ground water recharge areas and topographic slopes.

5.

Landmark trees in the area(s) impacted by the proposed solar installation should be located by numbered riots, with an accompanying database table of corresponding species and size listings. All trees 18 inches in diameter or larger will be considered landmark trees.

6.

An initial flora catalog, i.e., plants species, in the area(s) affected by solar installation.

7.

The location of all archaeological, historical, or features of cultural significance.

8.

Animal migration patterns that may be impacted by the solar installation.

9.

Traffic study, including truck traffic and access to and from the site. The traffic impact analysis is to be reviewed by the township and other applicable agencies to determine impacts to the township road system. All needed roadway improvements shall be shown on the required site plan.

10.

Compatibility with adjacent land uses.

o.

Any additional items that the township's engineering or environmental consultant reasonably deem significant.

p.

Additional detail(s) and information as required by the conditional land use requirements of the Brandon Charter Township Zoning Ordinance, or as required by the planning commission.

(4)

Application escrow account: An escrow account shall be deposited with the township by the applicant when the applicant applies for a conditional land use permit for a commercial solar energy system. The monetary amount deposited by the applicant in escrow with the township shall be the amount estimated by the township, to cover all reasonable costs and expenses associated with the conditional land use permit review and approval process, which costs shall include, but are not limited to, reasonable fees of the township attorney, township planner, and township engineer, as well as costs for any reports or studies that are reasonably related to the zoning review process for the application. The applicant shall have 30 days to refuse or approve of the amount estimated by the township. Such escrow amount shall be in addition to any filing or application fees established by resolution. At any point during the conditional land use permit review process, the township may require that the applicant place additional funds into escrow with the Township if the existing escrow amount deposit by the applicant is deemed insufficient by the township. If the escrow account needs replenishing and the applicant refuses to do so within 30 days, the conditional land use permit process shall cease unless and until the applicant makes the required additional escrow deposit. Any applicable zoning escrow resolutions or other ordinances adopted by the township must also be complied with by the applicant. The township shall provide a summary of all account activity to the applicant within a timely manner upon request. Any funds remaining within the escrow after approval of the conditional land use permit shall be returned in a timely manner to the applicant.

(5)

Compliance with the township Building Code and National Electric Safety Code: Construction of a commercial solar energy system shall comply with the National Electric Safety Code and the township Building Code as a condition of any conditional land use permit under this section. In the event of a conflict between the township Building Code and the National Electric Safety Code (NESC), the NESC shall prevail.

(6)

Certified solar array components: Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers ("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic Testing Laboratories ("ETL"), or other similar certification organization if the similar certification organization is approved by the township, which approval shall not be unreasonably withheld.

(7)

Location: Commercial solar energy systems may be considered within 1,000 feet of the existing ITE utility corridor as depicted on the commercial solar overlay map in addition to the standards provided below.

(8)

Height: Maximum height of a solar array, other collection device, components or buildings of the commercial solar energy system, excluding substation and electrical transmission equipment, shall not exceed 15 feet at full tilt (as measured from the natural grade at the base of improvements) at any time or location on the property. Substation and electrical transmission equipment shall not exceed 100 feet.

(9)

Lot size: A commercial solar energy system shall be located on one or more parcels with an aggregate area of ten acres or greater and found within the overlay zone as described above.

(10)

Setbacks: A minimum setback distance of 200 feet from all exterior property lines of the commercial solar energy system and existing public roads and railroad rights-of-way shall be required for all buildings and solar arrays, provided that a setback of 300 feet shall be required adjacent to any residential structure.

(11)

Lot coverage: A commercial solar energy system is exempt from maximum lot coverage limitations.

(12)

Screening/security: A commercial solar energy system shall be completely enclosed by perimeter fencing to restrict unauthorized access. Such fencing shall be secured to the ground to prevent underground access. The type and height of fencing shall be determined by the planning commission during development review and shall be designed to be in conformance with adjacent land uses. Failure to install or continuously maintain the required perimeter fencing shall constitute a violation of this section and any conditional use permit may be subject to revocation.

(13)

Electric fencing is not permitted: The perimeter of commercial solar energy systems shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the commercial solar energy system from adjacent residential structures, subject to the following requirements:

a.

The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreen trees shall be spaced no more than 15 feet apart on center (from the central trunk of one plant to the central trunk of the next plant), native trees shall be placed no more than 30 feet apart on center and shrubs shall be spaced no more than seven feet apart on center. All unhealthy (60 percent dead or greater) and dead material shall be replaced by the Applicant within one year, or the next appropriate planting period, whichever occurs first.

b.

All plant materials shall be installed between March 15 and November 15. If the Applicant requests a final certificate of occupancy from the township and the applicant is unable to plant during the installation period, the applicant will provide the township with a letter of credit, surety or corporate guarantee for an amount equal to one and one-half times the cost of any planting deficiencies that the township shall hold until the next planting season. After all plantings have occurred, the township shall return the financial guarantee.

c.

Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of this section and any conditional use permit may be subject to revocation.

(14)

Signage: All signage shall meet the standards of Article X. Signs of this ordinance. No advertising or non-project related graphics shall be on any part of the Solar Arrays or other components of the Commercial Solar Energy System. This exclusion does not apply to entrance gate signage or notifications containing points of contact or any and all other information or warnings that may be required by authorities having jurisdiction for electrical operations and the safety and welfare of the public.

(15)

Noise: No component of any Commercial Solar Energy System shall emit noise exceeding sixty-five (65) dBA as measured at the exterior property boundary or the existing ROW line.

(16)

Lighting: All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility on adjacent public roads in accordance with Section 46-421.

(17)

Distribution, transmission and interconnection: All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the commercial solar energy system, except in areas where technical or physical constraints make it preferable to install equipment above ground. This requirement excludes transmission equipment meant to connect the project substation to the local transmission system.

(18)

Abandonment and decommissioning: Following the operational life of the project, the applicant shall perform decommissioning and removal of the commercial solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the planning commission for review and approval prior to issuance of the conditional land use permit. Under this plan, all structures, concrete, piping, facilities, and other project related materials above grade and any structures up to three feet below-grade shall be removed offsite for disposal. Any solar array or combination of photovoltaic devices that is not operated for a continuous period of 12 months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original topography within 365 days of abandonment or decommissioning.

The decommissioning plan shall be updated each five years and submitted to the township planning commission for review and approval. Failure to submit an updated decommissioning plan shall be considered a violation of this ordinance.

As a part of the five year review of the decommissioning plan, the planning commission shall also review the continuing security as outlined in section 46-305(d)24 of this section. Review will include a determination if the amount of the continuing security is sufficient or needs to be increased to accommodate the approved decommissioning plan.

(19)

General standards: The planning commission shall not approve any commercial solar energy system conditional land use permit unless it finds that all of the general standards for conditional land uses contained in division 3. Special land uses of this section are met.

(20)

Approval time limit and extension: Conditional use and site plan approvals or permits under this section shall be valid for one year but, if requested by the applicant prior to that expiration date, shall automatically be extended for an additional one-year period.

(21)

Conditions and modifications: Any conditions and modifications approved by the planning commission shall be recorded in the planning commissions' meeting minutes. The planning commission may, in addition to other reasonable conditions, require landscaping, walls, fences, and other improvements that are reasonable in relation to and consistent with the nature of the applicable or adjacent zoning districts. After approval, at least two copies of the final approved site plan shall be signed and dated by the chairman of the planning commission and authorized representative of the applicant. One copy shall be kept on file by the township clerk, and one copy shall be returned to the applicant's authorized representative.

(22)

Inspection: The township shall have the right at any reasonable time, to provide same day notice to the applicant to inspect the premises on which any commercial solar energy system is located. The township may hire one or more consultants, with approval from the applicant (which shall not be unreasonably withheld), to assist with inspections at the applicant's or project owner's expense to be paid for out of the project escrow as established pursuant to section 46-35 fees, escrow accounts and bonds. Ongoing project inspections may be paid for out of the continuing security as established in section 46-305(d)(24) below. Inspections must be coordinated with, and escorted by, the applicant's operations staff at the commercial solar energy facility to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC, and all other applicable safely guidelines.

(23)

Maintenance and repair: Each commercial solar energy system must be kept and maintained in good repair and condition at all times. If the township zoning administrator determines that a commercial solar energy system fails to meet the requirements of this section and the conditional land use permit, or that it poses a safety hazard, the zoning administrator, or his or her designee, shall provide notice to the applicant of the safety hazard. If, after a reasonable cure period (not to exceed seven days), the safety hazards are not corrected, the applicant is entitled to a hearing before the township board. If the township board determines that the safety hazard requires that the commercial solar energy system must be shut down, applicant shall immediately shut down the commercial solar energy system and not operate, start or restart the commercial solar energy system until the issues have been resolved. Applicant shall keep a maintenance log on the solar array(s), which shall be available for the township's review within 48 hours of such request. Applicant shall keep all sites within the commercial solar energy system neat, clean, and free of refuse, waste or unsightly, hazardous or unsanitary conditions, and noxious weeds.

(24)

Roads: Any material damages to a public road located within the township resulting from the construction, maintenance, or operation of a commercial solar energy system shall be repaired at the applicant's expense. In addition, the applicant shall submit to the appropriate county agency a description of the routes to be used by construction and delivery vehicles; any road improvements that will be necessary to accommodate construction vehicles, equipment, or other deliveries. The applicant shall abide by all county requirements regarding the use and/or repair of county roads.

(25)

Continuing security: If any commercial solar energy system is approved for construction under this section, applicant shall post security prior to the start of construction (in a mutually agreed upon form) for an amount necessary to accomplish the work specified in the decommissioning plan as agreed upon by the township and applicant. The amount shall be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the commercial solar energy system. The security may be used for all continuing inspections as noted in section 46-305(d)(21) above. Such financial security shall be kept in full force and effect during the entire time that the commercial solar energy system exists or is in place, and such financial security shall be irrevocable and non-cancelable.

(26)

Continuing obligations: Failure to keep any required financial security in full force and effect at all times while a commercial solar energy system exists or is in place shall constitute a material and significant violation of the conditional land use permit and this section, and will subject the commercial solar energy system applicant, owner and operator to all remedies available to the township, including any enforcement action, civil action, request for injunctive relief, and revocation of the conditional land use permit.

(27)

Other requirements: Each commercial solar energy system shall also comply with all applicable federal, state and county requirements, in addition to other applicable township ordinances.

(Ord. No. 197-24, 6-3-2024)

(a)

Intent. These regulations are intended to protect and promote the health, safety, and general welfare of all the citizens of Brandon Township by requiring the review and special land use approval of short-term rentals within the township. It is also the intent of the ordinance to protect the integrity of residential neighborhoods while allowing property owners to receive remuneration from rental of a dwelling to help maintain the dwelling.

(b)

Applicability. An owner of a dwelling unit shall not rent or allow to be rented a dwelling unit or a portion thereof to another person for less than 30 nights at a time, unless the owner has obtained special land use approval to allow short-term rental of residential property for that dwelling unit in accordance with the requirements of this ordinance.

(1)

Application. In addition to an application for special land use, the application for a short-term rental use shall include the following at a minimum:

a.

Address of property.

b.

Property owner name(s).

c.

Signature(s) of property owner(s) and caretaker.

d.

Number of bedrooms in the dwelling unit. In the event that the rental is not a whole house rental, the total number of bedrooms in the dwelling and the number that are part of the short-term rental.

e.

Contact information including: name, address, and 24-hour contact phone number for the owner of the property and the caretaker, if applicable.

1.

It is the owner's responsibility to inform the township of any change in contact information.

2.

The township will notify all property owners within 300 feet from all property lines of the subject site, that there is an approved short-term rental special land use for the property. The notice will include the approved capacity, the address of the rental, and the emergency contact information.

f.

In addition to the required preliminary site plan required by section 46-108(7) a plot plan sketch of the property indicating:

1.

The location of off-street parking spaces,

2.

Locations of all buildings on the property,

3.

An indication of which buildings and portions of buildings are intended to be used for the short-term rental.

g.

A floor plan sketch of the dwelling indicating:

1.

Locations of bedrooms, bathrooms, and kitchens.

2.

Locations of exterior doors and escape windows.

3.

Locations of smoke detectors, carbon monoxide detectors, and fire extinguishers.

h.

Proof of on-site septic capacity as confirmed by the Oakland County Health Department that the system is in good operational status for the subject special land use.

(c)

Short-term rental standards. In addition to section 46-111, the following standards and regulations must be met and maintained:

(1)

Location. Short-term rental of residential property shall be considered a special land use in the RE—Rural Estate Zoning District. Short-term rental of residential property shall be prohibited in all other zoning districts within Brandon Township.

(2)

Parking. No on-street parking of any motor vehicles, trailers, or any trailered vehicles on any public or private roadways shall be permitted in association with a short-term rental. For purposes of this section, "roadway" includes the pavement, shoulder, and full road easement or right-of-way.

(3)

Trash. Refuse and recyclables shall be stored in appropriate containers with tight-fitting lids and shall be regularly picked up by a licensed waste hauler.

(4)

Capacity limit.

a.

Capacity limits will be determined as follows:

1.

The maximum number of renters to be accommodated shall be equal to the number of bedrooms the septic system is designed to accommodate multiplied by a factor of two.

2.

The maximum daytime capacity shall be equal to the maximum number of renters to be accommodated as calculated above multiplied by a factor of one and one-half. Maximum daytime capacity is in effect between the hours of 7:00 a.m. and 10:00 p.m.

3.

In the case of a rental for a portion of a dwelling unit, the maximum number of renters shall be equal to the number of bedrooms intended to be rented multiplied by a factor of two.

b.

The special land use certificate issued by the township shall indicate the maximum number of renters and the maximum daytime capacity that may be accommodated as calculated under these standards.

(5)

Contact and response. A property owner or caretaker representing the property owner must be available by telephone at all times and must be physically located within 30-minute travel distance of the property in the event of an emergency or an issue that requires immediate attention. When notified of an issue of immediate concern, (such issues may include, but are not limited to, noise or quiet hour violations) the property owner or a caretaker shall resolve the issue immediately. Issues of a non-immediate concern shall be satisfactorily addressed within two business days.

(6)

Quiet hours. Short-term rentals shall observe quiet hours between 10:00 p.m. and 7:00 a.m.

(7)

Pets. Pets shall be secured in the premises or on a leash at all times.

(d)

Dwelling unit standards. All short-term rentals must take place within a single-family dwelling unit. The short-term rental shall not be a multiple family dwelling unit as defined under this section.

(e)

Compliance with township zoning ordinance. The property on which the short-term rental will be operated shall be in compliance with all applicable provisions of the Township Code of Ordinances at all times.

(f)

Inspections. The Brandon Township Ordinance Enforcement Officer and other officials or individuals designated by the township board shall have the right to inspect buildings, structures, and property on which a short-term rental will be operated to determine violations of or compliance with this chapter and the Brandon Township Zoning Ordinance. The township representatives may exercise this right of inspection by deemed consent of the person having the right to possession of the building, structure, and property, or any part thereof, or by administrative search warrant. Consent of inspection is a condition of approval of the special land use on reasonable grounds, to assure continued compliance with the Code of Ordinances.

(g)

Violations. Any of the following will be considered a violation of this section:

(1)

Failure to update information with the township such as the caretaker's or owner's contact information in a timely manner.

(2)

Advertising a short-term rental for a capacity in excess of that allowed under the certificate issued by the township.

(3)

Failure of the certificate holder or his/her designated caretaker to be available at any time during the tenure of an active short-term rental

(4)

Providing false or misleading information on the application for a short-term rental certificate.

(5)

Failure to obtain a short-term rental certificate when operating a short-term rental.

(6)

Failure to comply with any of the standards of this section.

(Ord. No. 200-24, 12-2-2024)