The purpose of this article is to ensure that property is used in a manner which is consistent with the goals and objectives of the master plan and designed in a manner that protects natural resources and features. The regulations of this article are intended to achieve the mutually compatible objectives of reasonable use of land and protection of the township natural resources and features.

(Ord. of 3-17-2008, § 11.01)

(a)

The intent of these landscape standards to promote the public's health, safety, and general welfare by: counteracting noise, improving air quality and counteracting visual blight; improving the appearance of off-street parking and other vehicular use areas; requiring buffering between noncompatible land uses; regulating the appearance of property abutting public rights-of-way; protecting and preserving the appearance, character, and value of the community and its residential neighborhood areas; preventing soil erosion and soil depletion; and promoting soil water retention.

(b)

To the greatest extent possible, applicants are encouraged to satisfy ordinance requirements through the preservation of existing trees and natural vegetation. Where appropriate, the use of landscape materials native to the county is encouraged.

(1)

Application. These requirements shall apply to all uses for which site plan review is required under article II, division 2 of this chapter. No site plan shall be approved unless it shows landscaping, greenbelt buffers, and screening consistent with the requirements set forth in this section.

(2)

Landscape plan required. A separate detailed landscape plan shall be submitted as part of the site plan review process. On sites of greater than one acre, landscape plans shall be prepared and sealed by a registered landscape architect, licensed in the state. The landscape plan shall include, but not necessarily be limited to, the following items:

a.

Location, spacing, size, root type and descriptions for each plant and type proposed for use within the required landscape area.

b.

Minimum scale: one inch equals 40 feet for property less than five acres, or one inch equals 100 feet for property five acres or more. A different scale may be used provided it is sufficient to properly illustrate the landscape plan concept and that Ordinance requirements are met.

c.

On parcels of more than one acre, existing and proposed contours onsite and 50 feet beyond the site at intervals not to exceed two feet.

d.

Significant construction details to resolve specific site conditions, such as tree wells to preserve existing trees or culverts to maintain natural drainage patterns.

e.

Planting and staking details in either text or drawing form to ensure proper installation of proposed plant materials.

f.

Identification of existing wetlands, forested areas, trees and vegetative cover to be preserved.

g.

Identification of grass and other ground cover and method of planting.

h.

Identification of mulch in planting beds.

i.

Typical straight cross section including slope, height and width of berms.

(3)

Buffering between land uses.

a.

Upon any improvement for which a site plan is required, a landscape buffer shall be required to create a visual screen at least six feet in height along all adjoining boundaries whenever a nonresidential use or a residential use of higher density abuts residentially zoned property. A landscape buffer may consist of earthen berms and plant materials, or plant materials only, so as to maintain a minimum opacity of at least 80 percent. Opacity shall be measured by observation of any two square yard area of landscape screen between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen. Incorporating the minimum size of plant material as set forth in section 46-387 at the time of installation, the opacity standard shall be met based upon reasonably anticipated growth over a period of three years. The applicant shall agree in writing to install additional plantings after the expiration of three years, in the event that the landscaping has not screened the view of areas as required.

b.

Where there is a need to provide a greater visual, noise or dust barrier or to screen more intense development, a solid wall or fence may be required. Such wall or fence shall be a minimum of six feet in height as measured on the side of the proposed wall having the higher grade, and shall be constructed on both sides with textured concrete, split-face concrete block, wood, brick or stone. Precast panels and formed concrete structures may be used if they provide surface detail and texture equal to or greater than, the materials just named. In addition, a minimum of one tree and six shrubs meeting the minimum size requirements set forth in section 46-387 shall be planted adjacent to and for each 30 lineal feet of wall or fence.

(4)

Parking lot landscaping.

a.

Interior areas. Each separate landscaped area within a parking lot shall be adequately planted and maintained and shall be located in such a manner as to promote the following: divide and break up the expanse of pavement; define parking areas; and designate vehicular circulation. The following specific standards shall apply:

1.

Separate landscaped islands shall be required within parking lots of 16 spaces or greater. No more than a row of 24 spaces are permitted without an island. Where size and configuration of a parking lot would prevent maintenance or impede traffic flow as a result of requiring landscaped areas within parking lots, the planning commission may approve alternative landscaping along the perimeter of the parking lots.

2.

There shall be one canopy tree meeting the minimum size requirements set forth in section 46-387 for every eight parking spaces, landscaped islands within a designated parking area shall be a minimum of 150 square feet in area and nine feet in width.

3.

A minimum distance of three feet shall be established between proposed tree or shrub plantings and the backside of the curb or edge of the pavement.

b.

Perimeter areas. In order to reduce the visual impact, minimize conflicts between neighboring uses and reduce the effect of headlight glare and parking lot lighting on adjacent uses and public roadways, the perimeter of parking lots shall be screened in accordance with the following standards:

1.

Parking lots which are adjacent to residentially zoned or used property, which serve a nonresidential use or a residential use of higher density, shall be screened from that residential use in accordance with the standards set forth in this section.

2.

Parking lots which are visible from a public road shall be screened from view with a landscaped berm varied in height from between two to three feet along the perimeter of those sides which are visible. The berm shall be planted with a minimum of one deciduous or evergreen tree and six deciduous or evergreen shrubs, meeting the minimum size requirements set forth in section 46-387 for every 30 lineal feet, or major portion thereof. The planning commission, at its discretion, may approve alternative landscape plantings, such as a solid hedge, or a solid wall in lieu of a landscape berm.

3.

Minimum of three-foot-wide landscape strips (not including vehicle overhangs) should be provided between paved parking surfaces and buildings, fences, and property lines wherever possible. Trees and shrubs shall be planted clear of the vehicle overhang area.

(5)

Front greenbelt landscaping. A landscaped greenbelt equivalent in depth to the required front yard setback shall be required for any lot or any portion of a lot fronting on a public or private road, and shall be landscaped with a minimum of one deciduous tree or one evergreen tree, plus six deciduous and/or evergreen shrubs meeting the minimum size requirements set forth in section 46-387 for each 30 lineal feet, or major portion thereof, of frontage abutting said public right-of-way. The remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and/or other living plant material. Accessways from public rights-of-way through required landscape strips shall be permitted, but such accessways shall not be subtracted from the lineal dimension used to determine the minimum number of trees required unless such calculation would result in a spacing arrangement which is detrimental to plant development.

(6)

Subdivision and site condominium landscaping. Landscaping for subdivisions and site condominiums, which shall include, but not be limited to, residential, office commercial, and industrial development, shall be provided in accordance with the following requirements:

a.

Street trees. The frontage of all internal public or private streets shall be landscaped on both sides with the equivalent of one tree for every 40 lineal feet, or fraction thereof. Such street trees shall meet the minimum size requirements set forth in section 46-387 and shall be an appropriate species for a street environment. The planning commission may determine that existing trees which are preserved within the road right-of-way or easement may meet all or part of the street tree requirement.

b.

Screening from public roads. Where a subdivision or site condominium abuts a public right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in section 46-387 shall be met.

c.

Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping.

(7)

General site landscaping. In addition to any required screening, front greenbelt, foundation landscaping and/or parking lot landscaping required by this section, ten percent of the site area, excluding existing public road right-of-way, or private road easement shall be landscaped. Such site landscaping shall include preservation of existing plant material, grass, ground cover, trees, shrubs and/or other living plant material, but shall not be solely grass. In meeting general site landscaping requirements, particular attention shall be paid to such site elements as transformers, mechanical equipment, ground sign bases, entryways, and/or retention and detention areas. In particular, the integration of stormwater retention and detention ponds in the overall landscape concept is recommended. Ponds with a natural, rather than square or rectangular, design and appearance shall be encouraged. Fenced retention/detention ponds within a front yard shall be strictly prohibited.

(8)

Refuse containers. Refuse containers shall be required for all uses other than single-family uses subject to the following standards:

a.

Outside trash disposal containers shall be screened on all sides with an opaque masonry wall, and gate at least as high as the container, but not less than six feet in height, and shall be constructed of material which is compatible with the architectural materials used in the site development.

b.

Containers shall be consolidated to minimize the number of collection sites.

c.

Containers and enclosures shall meet all required setbacks, shall be located behind the front face of the building, and shall be located away from public view insofar as possible.

d.

Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

e.

Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of size 30 gallon cans or more. Aprons shall be provided for loading of bins with capacity of 1.5 cubic yards or more. The minimum size of an enclosure shall be eight feet in depth and 12 feet in width to accommodate a single container and eight feet in depth and 20 feet in width to accommodate two containers.

f.

For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

g.

Screening and gates shall be of a durable construction. Gates shall be constructed of heavy-gauge metal or of a heavy-gauge metal frame with covering of wood or other suitable material. Gates shall be secured with sturdy hinges or sliders, and latches. If the enclosure is situated directly adjacent to parking spaces or drives, it shall be protected at its base by concrete curb blocks.

(9)

Miscellaneous landscape requirements. The following minimum standards shall apply:

a.

Quality. Plant materials and grasses shall be of generally acceptable varieties and species, free of insects and diseases, hardy to county, shall conform to the current minimum standard of the American Association of Nurserymen, and shall have proof of any required governmental regulations and/or inspections.

b.

Composition. A mixture of plant material, such as evergreen, deciduous trees and shrubs, is recommended to discourage insect and disease infestation; however, a limited mixture of hardy species is recommended in order to unify the design and visually blend with neighboring plants. Where plantings are adjacent to a road right-of-way, selection of plant materials that are tolerant of road salt spray and air pollutants are recommended.

c.

Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient and shall be planted to prevent erosion. Berm slopes shall be protected with grass, shrubs or other form of natural ground cover. The highest point of the berm, extending along the length of the berm, shall be sufficiently rounded to avoid scalping by maintenance equipment.

d.

Existing trees. If existing plant material is labeled "To Remain" on site plans by the applicant or required by the township, protective techniques, such as, but not limited to, fencing or barriers placed at the dripline around the perimeter of the plant material, shall be installed prior to construction. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved. Other protective techniques may be used provided such techniques are approved by the township. In the event that healthy trees which are used to meet the minimum requirements of this chapter, or those labeled "to remain," are cut down, destroyed, damaged, or excavated at the dripline, as determined by the township, the property owner shall replace them with trees which meet ordinance requirements.

e.

Installation, maintenance, and completion. All landscaping required by this chapter shall be planted prior to obtaining a certificate of occupancy. In the alternative, a surety bond, letter of credit, and/or certified check shall be placed in escrow in the amount of the cost of landscaping, to be released only after landscaping is completed. All landscape elements shall be installed, and earth moving or grading performed according to accepted good planting and grading procedures. The owner of property required to be landscaped by this chapter shall maintain such landscaping in a reasonably healthy condition, free from refuse and debris. All unhealthy and dead material shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first.

f.

Prohibited trees. Installation of the following trees to satisfy landscape ordinance requirements shall be strictly prohibited:

In addition to the trees noted above, other plants, shrubs and trees as may be determined by the township board by resolution from time to time to be inconsistent with the purpose of this chapter may also be prohibited.

(10)

Minimum size and spacing requirements. Where landscaping is required, the schedule in section 46-387 sets forth minimum size and spacing requirements; for representative landscape materials.

(Ord. of 3-17-2008, § 11.02(intro., (A)—(J)))

Exceptions to requirements.

(1)

Buildings abutting property lines. Required screening may be omitted along any lot line where a building wall exists immediately abutting the lot line.

(2)

Location adjustments. Where property line screening is required, the location may be adjusted at the discretion of the planning commission so that the screening may be constructed at or within the setback line, provided the areas between the screening and the property lines are landscaped, or, in rural areas, retain their natural vegetative state.

(3)

Existing screening. Any fence, screen, wall or hedge which does not conform to the provisions of this section and legally exists at the effective date of this chapter may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in such fence, screen, wall, or hedge except as permitted in other sections of this chapter.

(4)

Planning commission modification. Any of the requirements of this section may be waived or modified through site plan approval, provided the planning commission first makes a finding:

a.

That the topographic features or special characteristics of the site create conditions so that the strict application of the provisions of this section will result in less effective screening and landscaping than alternative landscape designs.

b.

That the public benefit intended to be secured by this section will exist with less than the required landscaping or screening.

(Ord. of 3-17-2008, § 11.02(K))

(a)

In all instances where any person is being extended the right to cross, use, share in the ownership of, or otherwise benefit from a parcel of land which is contiguous to a body of water whether said parcel is a common lot within a subdivision, a lot owned by a subdivision association, a recreational park bordering on said body of water, such parcel shall have at least 20 lineal feet of water frontage and 150 feet in depth for each single-family residence however, in no event shall any such parcel so created have less than 300 feet of water frontage. Further, and in no event, shall the launching of boats from any such parcel of land be permitted nor shall boats be allowed to dock on any such parcel.

(b)

This section shall be constructed to apply to all uses of land abutting bodies of water other than those uses wherein the user the sole occupant of a structure on said parcel abutting said land, and/or those uses specifically permitted within districts other than residential within this chapter, for example, boat liveries or marinas, where permitted by the MDEQ.

(Ord. of 3-17-2008, § 11.03)

(a)

No structure, septic tank, septic tank field, drain field, earth berm, earth structure, earth obstruction, or similar object or facility will be placed within 25 feet of any wetland as defined by Part 303 of Public Act No. 451 of 1994 (MCL 324.30301 et seq.).

(b)

In addition, no earth movement, excavation, land balancing or earth disruption of any kind shall take place within 25 feet of any wetlands as defined by such Act as described in subsection (a) of this section.

(1)

This prohibition shall not apply to boat docks, swimming docks, boathouses, boat lifts, or similar objects or facilities used to gain normal boating and swimming access to lakes, rivers or streams such structures shall be regulated by the MDEQ.

(2)

This section shall not be construed so as to prevent normal lawn care, landscaping and maintenance within the prohibited setback area.

(Ord. of 3-17-2008, § 11.04)

No person shall erect any dike, structure, building, earth berm, dam or other blockage which restricts or otherwise impairs the flow of water in any drainage ditch or along any normal surface course, nor shall any person remove any dam, dike, or preexisting structure, which structure precedes the passage of this chapter, so as to cause flooding, substantial diminution in lake level, or like effects, without a permit therefore from the department of building and planning.

(1)

In the event an obstruction as defined above should be constructed or maintained which obstruction in the opinion of the director of planning and building causes or will cause flooding or damage, the director of planning and building shall order such obstruction removed by the owner of the land so as to provide free water flow therein, and should such owner deny or refuse removal, the director of planning and building may forthwith cause such obstruction to be removed.

(2)

In the event any person should remove an existing dam or structure thereby allowing flooding or the diminution of lake levels or like effects, the director of planning and building shall order the dam or structure restored and should the owner deny or refuse such restoration, the director of planning and building may cause the dam or structure to be restored.

(3)

This section shall not apply to the construction of platted subdivisions, site condominiums, commercial construction, or other like construction where there have been site plan approvals, plat approvals or like approval rendered by the township, which approvals include plans for grading and contouring the soil.

(4)

An application for permit pursuant to this section shall be on a form prepared by the department of planning and building, and shall include the name of the owner in fee of the real estate, names of any persons holding any other interest in the real property, names of the persons in possession of the real property, and identification of the site and the planned construction, alteration or repair as well as the reason therefore, construction plans, and where required by the director of planning and building, a site plan, as well as a topographical map. The fee shall be in an amount as determined from time to time by the township board.

(5)

Redirection or modification of existing natural or manmade drainage courses or drainage patterns that result in increased rates of flow and/or volume of water run-off onto neighboring properties or public and private roads, without the expressed written consent of the neighboring property owner and township is prohibited.

(Ord. of 3-17-2008, § 11.05)

(a)

This section is enacted in recognition of the fact that flora and fauna are necessary to the ecological system within which we all live, and that, as a result, the protection of flora and fauna, and their maintenance or replacement are necessary to the health, safety and welfare of the citizens of township, and further that such flora and fauna are natural resources, the protection of which is likewise necessary to the health, safety and welfare of the citizens of township, this section is enacted.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Develop ordevelopment means any timbering operation, tree removal or the removal of flora from any undeveloped parcel, other than as permitted by the exceptions contained in this section. Topographical change on any undeveloped parcel, earth moving on any undeveloped parcel, or like activity of any kind with regard to any undeveloped parcel, shall also be considered to be development.

Flora means the trees and plant life characteristic to the township.

Survey orwoodlands survey means a review of the extent and nature of the flora on a parcel in the township, with recommendations concerning the maintenance, removal or replacement of such flora, as performed by a landscape architect registered by the state.

Tree means a woody perennial plant having a single elongated main stem generally with few or no branches on its lower part and over six feet tall, measured from the ground immediately adjacent the trunk or main stem.

Undeveloped means any parcel of land which is substantially unimproved. With respect to land which, on the effective date of the ordinance from which this section is derived, is partially improved by virtue of a building or buildings or other improvements located on a portion of the land, the portion of the land which does not contain the building or buildings or other improvements shall be considered undeveloped. Farmland, whether or not it is being currently farmed, shall be considered undeveloped.

Woodlands means any tree or stand of trees of any nature whatsoever and the flora naturally attendant to such tree or stand of trees.

(c)

No person of any nature whatsoever shall develop any parcel in township without first providing a survey of the woodlands located on such parcel pursuant to this section.

(d)

When any person of any nature whatsoever makes application for subdivision plat approval, site condominium approval, multiple housing approval (whether for apartments or condominiums), commercial development, or any other development, such application shall include an application to the township, for a woodlands survey. Such application shall contain an aerial photograph, a topographical map, a boundary survey, and one inch equals 200 feet scale, together with such other information as may be required by the director of planning and building, and the applicant shall escrow an amount estimated by such director to be the fee that will be charged by the township landscape architect for the compilation of such survey, as well as for the balance of the work on the project.

(e)

Upon receiving the application, the director shall forthwith forward such application to the township's designated landscape architect, together with such support material as the director has received, and together with a request directed to such landscape architect to conduct such survey. The director shall be excused from making such request of the landscape architect until all materials requested by the director has been provided by the developer. The landscape architect shall complete such survey which shall contain the landscape architect's recommendations, within 30 days of such request.

(f)

In developments involving four or less single-family homesites, or involving less than 11 acres, whichever is the smaller, or in developments in which there are less than 20 trees within the boundaries of the development, the developer may, at the developer's option, prepare a survey of the woodlands at developer's expense and submit the same to the director of planning and building. Such survey shall be in a form satisfactory to the director. Upon receipt, the director of planning and building may, at the director's option, review the survey and view the parcel in question and make a determination concerning whether or not a more comprehensive survey should be required. The director may, in the director's discretion, accept the developer's survey in such instances, and permit the development to proceed. The director shall, however, have the absolute discretion to determine that additional survey information is needed, and the director may, in that instance, require that participation of the township landscape architect in the same manner as required in subsections (d) and (e) of this section.

(g)

In conducting the survey of the woodlands, the landscape architect shall determine whether or not there are any unique trees, unique stands of trees, specimen trees or unique woodland characteristics. The landscape architect shall determine how the project can best proceed in accordance with the development plans of the developer, while at the same time preserving to the maximum possible extent the existing woodlands, and other flora. The landscape architect shall then recommend a program of development to the township, which program shall be designed so as to permit the developer to develop the project in accordance with the developer's plans, so long as such plan is reasonable, and so long as a reasonable preservation of the flora can be obtained. In making such recommendation, the landscape architect may recommend the new plantings or the creation of additional sites of enhanced or improved flora be used to replace flora that will be removed through the course of the development. In the case of mitigation, the landscape architect shall recommend the type, location and manner of planting and maintenance of the replacement.

(1)

It is not intended that the survey required by this section be a tree count. Rather, it is intended that the survey be of a more general nature, intended to maintain, and where possible improve the ecological balance.

(2)

It is not intended that emphasis be placed on the preservation of mature trees. Rather, it is recognized that the evolutionary characteristics of the environment require that mature trees eventually be replaced by new growth. Accordingly, in the landscape architect's recommendations, mature trees shall be treated on balance with the rest of the eco-system and the landscape architect may recommend the harvesting of such trees and their replacement.

(3)

In those instances where it is determined by the landscape architect that the application is for tree harvesting, and that the harvesting is in keeping with good forestry management practice, the harvesting shall be permitted with or without mitigation as recommended by the landscape architect and determined by the planning commission. Later applications for the development of such parcel may be denied contingent upon tree replacement.

(4)

In providing for mitigation, the landscape architect may recommend the replacement of mature trees with new plantings or young trees. He also may recommend more or less than a one for one mitigation ratio, depending on the particular facts. He may also recommend off-site mitigation with the approval of the developer. Any such recommendation must be explained and justified in the report.

(5)

In conducting the survey, the landscape architect shall apply the following general standards; such standards shall be general in nature and the application of the standards shall not require counting or measuring trees:

a.

Desirable species: Hard Maple, Red Maple, Soft Maple, Elm, Oak species, Hickory, Sycamore, Walnut, Butternut, Beech, Birch, Basswood, Chestnut, Tulip, Pine, Hemlock, Cedar, Balsam, Spruce.

b.

Undesirable species: Boxelder, Poplar, Catalpa, Willow, Domestic Fruit Trees, Ailanthus, Black Locust, Wild Cherry.

c.

Desirable species in good condition save if possible, or require mitigation.

d.

Undesirable species or desirable species in only fair condition require partial mitigation.

e.

Desirable or undesirable species that are in poor condition or dead remove under any condition.

(h)

When the survey has been completed, the landscape architect shall forward it to the director, and the director shall in turn forward the survey to the developer, and to the planning commission. The planning commission shall, at its next meeting, review the landscape architect's recommendations, and determine whether or not to accept or reject such recommendations. The developer may, in the developer's sole discretion, be present at such meeting. A public hearing shall not be necessary but may be called by the planning commission upon majority vote. If it is determined to hold a public hearing, it shall be held at the next available planning commission meeting. The planning commission may either adopt the survey or return the survey to the landscape architect for additional input, modification or comment. In the event of such referral, the landscape architect shall return the survey to the commission with such additions within 15 days of the date of referral.

(i)

Once the planning commission has adopted a survey, the survey shall become a requirement of the development subject to the right of the developer to object. If a developer determines to object to the survey the developer shall have 30 days, which 30 days may be extended at the request of the developer only, within which to submit the basis for objection to the planning commission. The planning commission shall not consider opinions or objections that are not supported by substantial material and competent evidence as supplied by landscape architects, engineers, or like professionals within the field of environmental development, maintenance and control.

(j)

Should the planning commission determine to adopt recommendations as made by the developer, the planning commission shall then forward such recommendations to the township landscape architect for adoption and inclusion in the survey as developed by the township landscape architect. The township landscape architect shall then rewrite the survey including the changes as adopted as a result of the developer's objections, and including such additional comments or recommendations as the landscape architect may have, and return the survey to the planning commission. The township landscape architect shall complete such additions, modifications, and the like, within 30 days of the submission to him of the changes by the planning commission. The amended survey when received by the planning commission shall then be the woodlands survey which shall be applicable to the parcel. The cost of such amendments shall be paid by the developer.

(k)

Prior to the development of the parcel, the planning commission shall determine what, if any, escrow or letter of credit shall be deposited with the township to assure compliance with the forestry plan. Development shall not begin until any such requirement has been complied with.

(l)

The following are exempt from the application of this section:

(1)

Single-family residences, or lots which are intended to house one single residence only, except when part of a larger development.

(2)

Commercial nurseries or tree farms when such commercial nurseries or tree farms have been properly licensed by the state.

(3)

Responses to flooding, fire or like emergency.

(4)

The normal tree trimming, removal, and the like, when performed by governmental agencies and public utilities.

(5)

The removal of dead or damaged trees or normal cleaning and pruning activity within a wooded area when such activity does not include the removal of healthy trees other than year old saplings or the like.

(6)

Tree management programs, and like programs, including park development, on lands owned by the state, or one of its agencies.

(7)

Farming, when such farming is the normal pursuit of agricultural endeavors as typically carried on in township.

(8)

Classified wetlands that are to be left undisturbed.

(Ord. of 3-17-2008, § 11.06)

State Law reference— Municipal forests, MCL 324.52701 et seq.

Impact assessments shall be required as provided as follows:

(1)

Purpose and scope. For the purpose of promoting and protecting the public health, safety, convenience and general welfare of the inhabitants and land resources of the township, provision is made herein prior to submission of a rezoning petition, plat application, or site plan review request for any office, commercial, industrial, multiple-family residential use; an applicant shall file with the township for his review and acceptance, an assessment of the economic, public service, public facility and ecological impact.

(2)

Procedures for making application. All submissions of the impact assessments for any lands or uses shall be submitted in accordance with this section

(3)

Impact assessments submitted to planning commission. All impact assessments shall be submitted through the township director of the planning and building department or designee to the planning commission.

(4)

Data required in impact assessment. All assessments shall be accompanied by the required information and data as noted as follows:

a.

Full legal and environmental description of the proposed site prior to development.

b.

Impact of the development on the environment including impact on human life or other ecosystems such as wildlife, fish, aquatic life and air, water, or land resources.

c.

Possible adverse environmental effects of the development, which cannot be avoided, such as air or water pollution, damage to life systems, urban congestion, threats to health or other adverse effects on human life.

d.

Evaluation of alternatives to the proposed action of the development that might avoid some or all of the environmental effects indicated in subsection (4)b. and c of this section. This shall include a full explanation of the reasons why the developer decided to pursue the action in its contemplated form rather than an alternative course of action.

e.

Possible modifications to the project which would eliminate or minimize the adverse environmental effects, including a discussion of the additional costs involved in the modifications.

(5)

The impact assessment shall include a full description of the development carried to completion including:

a.

A number of people to be housed (or employed) and the amount of acreage involved in the development.

b.

The level of public services and public facilities required including estimated costs for the availability of sanitary sewers and treatment facilities, water services, storm sewers, and new agricultural drains, public sewers, recreational facilities, public access, solid waste disposal, schools, police and fire protection and other public facilities and services.

c.

The amount of pedestrian or vehicular traffic likely to be generated.

d.

The likelihood that additional or subsidiary development will be generated.

(6)

The impact assessment shall include a sketch plan, drawn to scale, depicting the project carried to completion showing existing and proposed features of a site and its surroundings. The sketch plan shall include at least the following:

a.

General topographic conditions at two-foot contours.

b.

Soil conditions.

c.

Water level and drainage information.

d.

Existing and proposed manmade features (park, lake, pond, etc.).

e.

Natural features to be retained and/or modified.

f.

Phases of the development.

g.

General site conditions.

(7)

The impact assessment shall include supporting documentation that the proposed development is consistent with local, township and county master plans and zoning.

(8)

The impact assessment shall include supporting documentation of the proposed developments probable impact on the economy of the region.

(9)

The completed impact assessment, as presented, shall be signed by the fee holder and developer of the affected property.

(10)

Review by the planning commission. The planning commission shall review the impact assessment as presented in the terms of the established standard set in this section. The planning commission shall have 45 days from the date of filing to review and make its recommendation on the impact assessment. The planning commission may recommend changes to the developer to minimize adverse impact.

(11)

Date of filing. The date of filing shall, for all purposes, be considered to be 30 days prior to the regular planning commission meeting date of any month.

(12)

Additional data. Additional data and information may be required to be submitted with the impact assessment upon the recommendation of the planning commission or enforcement office for the protection of the general safety and welfare and for ensuring that the intent and objectives of this section will be observed.

(13)

Acceptance. Upon finding that the impact acceptance satisfactorily fulfills all requirements set forth in this section, the township director of planning and building shall issue a statement of acceptance and copy of minutes, to the fee holder and developer of the affected property.

(14)

Rejection. Upon finding that the impact assessment fails to fulfill all requirements as set forth in this section the planning commission shall issue a statement of rejection, detailing the reasons for such rejection and a copy of minutes to the applicant and property owner of the affected property.

(15)

Basis of determination. The applicant shall establish, to the satisfaction of the planning commission, that the general standards specified and the specific standards outlined in each applicable section and subsection of this chapter shall be satisfied in the completion of the impact assessment.

(16)

Qualifications. All impact assessments must be sealed by a registered professional engineer (PE) or registered landscape architect (RLA) licensed in the state.

(Ord. of 3-17-2008, § 11.07)

(a)

Removal or excavation of topsoil, sand, soil, peat, minerals, or any disturbance of the natural terrain, topography, and/or soil conditions, including the construction of scenic ponds, unless excepted by this section, shall require site plan approval. All requests for incidental removal of soil deposits unless excepted by this section shall be reviewed and approved by the township planning commission. Within 30 days from the date of the completion of the submission pursuant to subsections (b) and (c) of this section, the director of the planning and building department shall submit a report to the planning commission detailing requested project. At a regular meeting, the planning commission, after reviewing the report, may in its sole discretion direct the planning and building director to approve the project request, or require further review as prescribed in subsection (d) of this section.

(b)

Applicants requiring the approval of a project hereunder shall submit a site plan pursuant to article II, division 2 of this chapter. Where applicable, such application may include an application for special use approval pursuant to article II, division 3 of this chapter. Such application and approval may be incident to the approval of a principal project, which project involves removal, excavation, or disturbance of soil as controlled hereby.

(c)

In addition to the normal site plan requirements, the application shall include the following:

(1)

Overall project size.

(2)

Projected number of yards of material to be removed.

(3)

Type and description of material to be removed.

(4)

Method of removal, including a description of the equipment and vehicles that will be used.

(5)

Projected commencement and completion time.

(6)

Hours of operations.

(7)

Finished plan including all final grades, ground cover and drainage control plans.

(8)

The planning commission, in its discretion, may require an impact assessment in accordance with article II, division 2 of this chapter.

(d)

The planning commission shall require a special land use pursuant to article II, division 2 of this chapter.

(1)

Removal of soil deposits from property shall be allowed when such soil removal is required to facilitate the completion of an approved project, the purpose of which is not soil removal, when such removal is incident to such approved project, and of insignificant impact as determined by the planning and building department and/or the planning commission.

(2)

Should the planning and building department and/or the planning commission determine that the soil removal is of significant impact, in granting or denying the permit, the planning and building department and the planning commission shall apply those standards as set forth in this chapter.

(e)

The following types of projects shall be excepted from the requirements of this section:

(1)

The removal, excavation, or disturbance of soil where such activities are required to facilitate the completion of a site plan approved by the planning commission, and where such removal, excavation, or disturbance is within the normal purview of the project as approved.

(2)

Removal, excavation, or disturbance of the soil when such is a normal result of a permitted use within the zoning district in which the property is located, and the person removing, excavation, or otherwise disturbing the soil is lawfully engaging in that permitted use.

(3)

Landscaping is a permitted use of the property where such landscaping would not otherwise require a permit.

(4)

Removal and excavation of soil from properties to permit the construction of swimming pools, scenic ponds, and land balancing activities where such activities disturb one-half acre or less and within required setbacks pursuant to the zoning district in which the property is located. Contiguous or near contiguous sites which, when combined, exceed one-half acre in size shall be regulated hereby where such activity occurs within a three-year period. The director shall have discretion in determining whether or not a project requires a permit.

(Ord. of 3-17-2008, § 11.08)