Environmental performance regulations are established in order to preserve the short- and long-term environmental health, safety, and quality of the township. No parcel, lot, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use, otherwise allowed, shall be permitted within any district which does not conform to the following regulations of use, occupancy, and operation. These regulations are established as minimum requirements to be maintained. Nothing contained herein is intended to restrict farming operations in accordance with the Michigan right to farm act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

(Ord. of 3-17-2008, § 12.01)

(a)

Smoke and air contaminants. It shall be unlawful for any person to permit the emission of any smoke or air contaminant from any source whatsoever to a density greater than that permitted by Federal Clean Air Standards and those standards promulgated by the state.

(b)

Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.

(c)

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

(Ord. of 3-17-2008, § 12.02)

(a)

The following standards shall apply to all uses in all zoning districts with the exception of single-family and multiple-family dwellings located within residential districts. Noise which is objectionable as determined by the township due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled, subject to the following schedule of maximum noise levels permitted:

(b)

In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be so controlled so as not to become a nuisance to adjacent uses.

(c)

Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

(Ord. of 3-17-2008, § 12.03)

(a)

No use shall generate any ground-transmitted vibration in excess of the limits set forth in subsection (d) of this section. Vibration shall be measured at the nearest adjacent lot line.

(b)

The instrument used to measure vibrations shall be a three-compartment measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(c)

The vibration maximums set forth in subsection (d) of this section are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F × D

Where:

PV = Particle velocity, inches per second

F = Vibration frequency, cycles per second

D = Single amplitude displacement of the vibration in inches

The maximum velocity shall be the vector sum of the three components recorded.

(d)

Table of Maximum Ground-Transmitted Vibration.

(e)

The values stated in subsection (d) of this section may be multiplied by two for impact vibrations (i.e., noncyclic vibration pulsations not exceeding one second in duration and having a pause of at least two seconds between pulses).

(f)

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

(Ord. of 3-17-2008, § 12.04)

(a)

It shall be unlawful for any person to pollute, impair or destroy the air, water, soils or other natural resources within the township through the use, storage and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous and/or sanitary wastes.

(b)

Any person operating a business or conducting an activity which uses stores or generates hazardous substances shall obtain the appropriate permits or approval from the state, and/or other designated enforcing agencies.

(c)

Any person operating a business or conducting an activity which uses stores or generates hazardous substances or petroleum products shall complete a hazardous chemicals survey and a pollution incidence protection plan (PIPP) in conjunction with the following:

(1)

Upon submission of a site plan.

(2)

Upon any change of use or occupancy of a structure or premises.

(3)

Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.

(d)

All businesses and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds shall comply with the following standards:

(1)

Aboveground storage and use areas for hazardous substances.

a.

Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

b.

Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism.

c.

Secondary containment structures such as out buildings, storage rooms, sheds and pole barns shall not have floor drains which outlet to soils, groundwater, or nearby drains or rivers.

d.

Areas and facilities for loading/unloading of hazardous substances, as well as areas where such materials are handled and used, shall be designated and constructed to prevent discharge or runoff to floor drains, rivers, lakes, wetlands, groundwater, or soils.

(2)

Underground storage tanks.

a.

Existing and new underground storage tanks shall be registered with the authorized state agency in accordance with requirements of the U.S. Environmental Protection Agency and the state police fire marshal division.

b.

Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with requirements of the state police fire marshal and township. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. Records of monthly monitoring or inventory control must be retained and available for review by state or local officials.

c.

Out-of-service abandoned underground tanks shall be emptied and removed from the ground in accordance with the requirements of the state police fire marshal division, the Michigan Department of Environmental Quality, and the township.

(3)

Loading and unloading areas. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.

(e)

All site plans for businesses or facilities which use, store or generate hazardous substances shall be reviewed by the township fire department, township engineer and any other appropriate experts determined necessary by the planning commission prior to approval by the planning commission.

(Ord. of 3-17-2008, § 12.05)

No use shall:

(1)

Create any electrical disturbance that adversely affects any operation or equipment other than those of the creator of such disturbance.

(2)

Cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. of 3-17-2008, § 12.06)

(a)

Intent. It is the goal of the township to minimize lighting levels to reduce off-site impacts, prevent the reflection and glare of light in a manner which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses, and to promote "dark skies" in keeping with the rural character of township. Exterior lighting shall be located and maintained to prevent the reflection and glare of light (including light from vehicles) in a manner which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

(b)

Industrial and commercial uses.

(1)

Any operation which produces intense glare or heat, shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time. Glare from any process (such as or similar to are welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

(2)

Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

(3)

On-site lighting (i.e., parking, building lights, etc.) shall conform to the following regulations:

a.

When site plan review is required, all lighting, including signage and ornamental lighting, shall be shown on site plans in sufficient detail with appropriate photometric studies to allow determination of the effects of such lighting upon adjacent properties, traffic safety, and overhead sky glow. The objectives of these specific actions are to minimize undesirable on-site effects.

b.

Only nonglare, color-corrected lighting shall be permitted. For all nonresidential uses, full cutoff shades are required for light sources so as to direct the light onto the site and away from adjoining properties. The light source shall be recessed into the fixture so as not to be visible from off-site. Building and pole-mounted fixtures shall be parallel to the ground. Ball-park type lighting is prohibited.

c.

Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed one-tenth footcandles along property lines. Lighting for uses adjacent to nonresidential properties shall be designed and maintained such that illumination levels do not exceed three-tenths footcandles along property lines. Where lighting is required, maximum light levels shall not exceed 25 footcandles directly beneath a light fixture. Lighting levels shall not exceed three footcandles as measured directly between two fixtures. The planning commission may allow for an increased level of lighting above maximum permissible levels when it determines that the applicant has demonstrated that such lighting is necessary for safety and security purposes. For the purposes of this chapter, all lighting measurements shall be taken at ground level.

(4)

For parking lots of less than 100 parking spaces, lighting fixtures shall not exceed a height of 16 feet measured from the ground level to the centerline of the light source. For parking lots of more than 100 spaces, lighting fixtures shall not exceed a height of 18 feet measured from the ground level to the centerline of the light source.

(5)

Signs shall be illuminated only in accordance with the regulations set forth in this chapter. In addition, signs within residential districts, if allowed, shall not be illuminated.

(6)

Building or roof-mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purposes shall not be permitted.

(c)

Residential lighting standards.

(1)

Hazard and nuisance. All lighting shall be aimed, located, designed, fitted and maintained so as to not create a hazard or nuisance to drivers, pedestrians, or neighboring uses and properties.

(2)

Lighting level. The maximum light level projected onto a residentially zoned or used property shall be zero point one (0.1) footcandles.

(3)

Color. Light sources shall have a color temperature not to exceed 3,500 Kelvin. This shall not apply to neon luminous tubes and architectural accent lighting.

(4)

Direction. Lighting shall be directed away from adjoining lots, rights-of-way, and public spaces to the greatest extent possible.

(5)

Cut-off angle. Light fixtures shall be a full cutoff fixture, with a 100 percent cut-off angle above the horizontal plane of the bottom of the fixture. The light source and diffuser shall be located above the horizontal plane of the bottom of the fixture and shall not be visible from off the site.

(6)

Shielding. Vegetative screens shall not serve as the primary means for controlling glare or lighting levels. Control shall be achieved primarily through the use of full cutoff luminaires, shields and baffles, appropriate mounting height, wattage, direction and placement.

(7)

Wiring. Electrical service for outdoor lighting that is not attached to a building shall be underground.

(8)

Freestanding lighting:

a.

Light intensity. The maximum light intensity at ground level below a light fixture shall be ten footcandles.

b.

Height. The maximum fixture height shall be 20 feet, measured from the ground adjacent to the light pole to the bottom of the fixture. If a light pole is placed on a berm, the height shall be measured from the base of the berm.

c.

Location. Freestanding pole lighting located near parking areas, driveways, or streets or with a landscaped parking island shall be at least three feet from the edge of the curb or pavement. Freestanding pole lighting located within parking areas shall be mounted on a concrete base at least 30 inches high.

d.

Bollard height. Bollard lighting shall have a maximum height of three feet.

(9)

Flagpole lighting:

a.

Light intensity. The fixture shall have a maximum intensity of 4,500 lumens per flagpole. (300w incandescent)

b.

Details. The fixture shall have the smallest beam spread to illuminate the flag and shall be shielded or located to direct light away from streets and adjacent properties and prevent glare.

(Ord. of 3-17-2008, § 12.07; Ord. No. 198-24, § 2, 10-7-2024)

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

(Ord. of 3-17-2008, § 12.08)

Existing hazards or potential hazards and nuisances, such as construction sites, junkyards, landfills, sanitary landfills, demolition sites, unused basements, abandoned wells or cisterns and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety and welfare.

(Ord. of 3-17-2008, § 12.09)