Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such ordinance shall govern.

(Comp. Ords. 1988, § 15.470)

No building, structure or part thereof shall hereafter be erected, constructed or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this chapter.

(Comp. Ords. 1988, § 15.471)

(a)

Work under construction. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the construction or designated use of any structure or land on which work of a substantial nature in the form of physical construction was lawfully begun prior to the effective date of the ordinance from which this chapter is derived and, where there is likelihood that such lawful construction will be completed 12 months after such effective date.

(b)

Lawfully existing nonconforming lots.

(1)

The intent of this subsection is to allow reasonable development of lawfully existing nonconforming lots.

(2)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the board of appeals. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of the ordinance from which this chapter is derived or the time of passage of an amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or occupied by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

(c)

Definition and classification of nonconforming uses and structures.

(1)

Nonconforming uses and structures are those which do not conform to certain provisions or requirements of this chapter but were lawfully established prior to the time of its applicability. Class A nonconforming uses and structures are those which have been so designated by the zoning board of appeals, after application by any interested person or the zoning administrator, upon findings that the following standards are met:

a.

The existing structure or use, while not fitting into a neat zoning pattern, does not constitute a nuisance, and, in fact, fulfills a desirable and useful function and is not incompatible with existing or planned adjacent or nearby uses.

b.

Continuance thereof would not be contrary to the public health, safety or welfare.

c.

The use or structure does not and is not likely to depress the value of nearby properties.

d.

No useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use or structure does not conform.

e.

The use or structure was lawful at the time of its inception.

(2)

All nonconforming uses, buildings or structures not designated as class A are class B nonconforming uses, buildings or structures.

(d)

Procedure for obtaining class A designation; conditions.

(1)

A written application shall be filed with the zoning administrator setting forth the name and address of the applicant, giving a legal description of the property to which the application pertains and including such other information as may be necessary to enable the zoning board of appeals to make a determination of the matter. The zoning board of appeals may require the furnishing of such additional information as it considers necessary. The notice and hearing procedure before the zoning board of appeals shall be the same as in the case of an application for a variance. The decision shall be in writing and shall set forth the findings and reasons on which it is based.

(2)

Reasonable conditions may be attached, including any time limit, where necessary, to ensure that the use, building or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this chapter. Any such conditions imposed shall:

a.

Provide protection of natural resources and the welfare of the users of the land use and the community as a whole.

b.

Be related to a valid use of the police power.

c.

Be related to purposes affected by the land use.

d.

Be necessary to meet the purpose of this chapter.

(3)

A record of conditions imposed must be maintained. The conditions must remain unchanged except upon the mutual consent of the landowner and the zoning board of appeals.

(4)

No vested interest shall arise out of a class A designation.

(e)

Revocation of class A designation. Any class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change of conditions or circumstances the use or structure no longer qualifies for class A designation.

(f)

Regulations pertaining to class A nonconforming uses and structures.

(1)

No class A nonconforming use of land, a building or a structure shall be resumed if it has been for any reason discontinued for a continuous period of at least 12 months or if it has been changed to a conforming use for any period.

(2)

A class A use or structure may be used, altered or enlarged provided that it does not violate any condition imposed by the board of appeals at the time of its designation.

(g)

Regulations pertaining to class B nonconforming uses and structures.

(1)

It is the purpose of this chapter to eliminate class B nonconforming uses and structures as rapidly as is permitted by law without payment of compensation.

(2)

No class B nonconforming use shall be resumed if it has been discontinued for a continuous period of at least 12 months, or if it has been changed to a conforming use for any period, or if the structure in which such use is conducted is damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50 percent of the reproduction cost of such structure.

(3)

No class B nonconforming structure shall be enlarged or structurally altered, nor shall it be repaired or reconstructed if damaged by fire or other casualty to the extent that the cost of reproduction or repair exceeds 50 percent of the reproduction cost of such structure.

(4)

A class B nonconforming use in a building or structure may, upon application to and approval by the zoning administrator, be changed to another nonconforming use provided the existing nonconforming conditions are the same or are made less nonconforming and no structural changes are proposed to be made. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.

Upon application to and approval by the zoning administrator, any nonconforming characteristic of use may be upgraded in the direction of greater conformity.

(5)

In the case of mineral removal operations, sites in existence may be worked in the usual and ordinary manner where the deposits dictate. When a site within its enlarged area no longer yields, the use is consummated. Existing sites may be expanded in area or depth as the location of minerals dictates, but no virgin areas may thus be exploited.

(6)

No class B nonconforming use or structure shall be permitted to continue in existence if it was unlawful at the time of its inception.

(7)

No class B nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the ordinance from which this chapter is derived or the effective date of an amendment of this chapter.

(8)

If a class B nonconforming structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(9)

Ordinary repair and maintenance work may be done on any class B nonconforming structure, including repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding the state equalized value of the structure, provided that the cubic content of the building as it existed at the time of adoption of the ordinance from which this chapter is derived shall not be increased.

(h)

Repairs and maintenance. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to safe condition of any nonconforming structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(i)

Change of tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises provided there is no change in the nature or character of such nonconforming uses.

(j)

Public acquisition and removal of nonconforming use, building or structure.

(1)

The planning commission may, from time to time, recommend to the township board the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this chapter and the subsequent removal of such use or structure.

(2)

The planning commission shall submit its reasons and estimates of cost and expenses of such acquisition and of the removal of the nonconforming use, building or structure, and of the probable resale of the property to be acquired after removal of the nonconforming use, building or structure as obtained from the appropriate township department, board, or commission. The planning commission shall recommend that portion of the difference between the estimated cost of acquisition and removal of the nonconforming use, building or structure and the probable resale price which in its opinion should be assessed against a benefitted district. The cost and expense in acquiring and removing the nonconforming use may also be paid from general funds.

(3)

Whenever the township has under advisement the acquisition by purchase, condemnation or otherwise as provided by law of any such nonconforming building, structure or use, a preliminary public hearing thereon shall be held before that body, provided that no less than 15 days' notice of time, place, and purpose of such public hearing shall first be published in a paper of circulation in the township, and that the township clerk shall send by mail, addressed to the respective owners of any such properties at the addresses given in the last assessment roll, a written notice of the time, place and purpose of such hearing. If the cost and expense or any portion thereof is to be assessed to a special district, the township assessor shall be directed to furnish the township board with a tentative special assessment district and the tentative plan of assessment, the names of the respective owners of the property in such district, and the addresses thereof in the last assessment roll, and the township clerk shall also send such notice to the respective owners in the tentative assessment district.

(4)

Whenever the township board, after such public hearing, shall declare by resolution that proceedings be instituted for the acquisition of any nonconforming building, structure or use in accordance with the laws of the state and ordinances of the township, the township clerk shall send by registered mail a certified copy of such resolution to the prospective owners of the properties and to the owners of the properties in any special assessment district, at the addresses given in the last assessment roll.

(5)

Upon the passing of title in the private property so acquired to the township, the township board shall cause the discontinuance or removal or demolition or remodeling of the nonconforming structure. The township board shall thereafter order such property sold or otherwise disposed of, but only for a conforming use, except that the property shall not be used for public housing. The township board shall confirm the cost and expense of such project and report any assessable cost to the township assessor, who shall then prepare an assessment roll in the manner provided by law. Such an assessment roll may, in the discretion of the township board, be in one or more but not to exceed ten annual installments.

(Comp. Ords. 1988, § 15.472; Ord. No. 146, 1-21-2008)

State Law reference— Nonconforming uses, MCL 125.286.

In AG, RS, RM, and CR districts, accessory buildings, except as otherwise permitted in this chapter, shall be subject to the following regulations:

(1)

Attached accessory buildings. Where the accessory building is structurally attached to the main building, as defined in section 30-3, it shall conform to the following:

a.

It shall be subject to and must conform to all regulations of this chapter applicable to main buildings.

b.

It shall be designed and constructed of the same or similar material as that of the main building so as to be, in the opinion of the zoning administrator, aesthetically compatible with the main building.

c.

It shall have a permanent foundation which extends to or below the frost line in the same manner as required for main buildings.

(2)

Location. Accessory buildings shall not be erected in any required yard, except in a rear yard. However, when located on a parcel of land having an area of at least five acres, they may be located in any non-required yard provided that they meet all required setbacks from property lines, structures, wells, septic tanks and fields, and ponds, provided further that, when located in a non-required front yard, a 360-foot setback is maintained from the centerline of any abutting road. In addition, when an accessory building is located in a non-required front yard as permitted in this subsection, in no instance shall the accessory building be placed within that portion of the front yard lying between lines formed by the projected side walls of the main building.

(3)

Maximum rear yard coverage. An accessory building may occupy not more than 25 percent of a required rear yard, plus 40 percent of any non-required rear yard.

(4)

Distance from main building and side and rear lot lines.

a.

No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than:

1.

Six feet to any side or rear lot line when located in an RS or RM district; or

2.

In accordance with the following table when located in an AG or CR district:

b.

Any detached accessory building located within 25 feet of the main building must conform to standards set forth in subsections (1)b and (1)c of this section regarding construction materials, aesthetic compatibility with the main building, and type of foundation.

(5)

Maximum length and width; maximum ground floor area. In order to ensure that accessory buildings will be of a scale and scope compatible with the residential character of the district, while providing for reasonable accommodation of those lawful storage needs that are clearly incidental to and customarily found in connection with the principal residential dwelling usage of a lot or parcel (including lawful home occupation), the following limitations on the size, area and height of accessory buildings shall apply:

a.

The maximum length or width of an accessory building shall not exceed 90 feet.

b.

The combined ground floor area of all detached accessory buildings on a lot or parcel shall not exceed the limits set forth in the following table:

c.

The limits in subsections (5)b. and c. of this section on the floor area (individual or combined) of accessory buildings shall not apply in the case of a bona fide farm in the AG district when located on a parcel of land of 30 acres or more or in the case when the accessory buildings are part of a lawfully permitted non-residential use and are shown on an approved site plan. Additional exceptions for farm buildings are provided in subsection 30-425(10), below.

(6)

Maximum height.

a.

A detached accessory building shall not exceed one story or 22 feet in height. (See the definition of "building height" in section 30-3 together with accompanying illustrations for definition and means of determining building height.)

b.

On lots or parcels within the boundaries of a recorded plat, the height shall not exceed 14 feet, except that the 22-foot limit shall be retained for lots containing five acres or more within the boundaries of an assessor's or supervisor's plat recorded prior to the adoption of the ordinance from which this chapter is derived.

(7)

Corner lots. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, the building shall not project beyond the front yard line required on the lot in the rear of such corner lot. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the side lot line of the lot to its rear, such building shall not project beyond the side yard line of the lot in the rear of such corner lot.

(8)

Permitted uses. Accessory buildings are to be used solely for the purpose of accommodating lawful accessory uses as defined and permitted in the district in which the accessory buildings are located.

(9)

Accessory parking or storage of manufactured homes (incl. mobile homes) prohibited. The parking of a manufactured home (including mobile home) on lands not approved for manufactured housing community or for manufactured home sales shall be prohibited. (Temporary storage of a manufactured home in transit shall only be allowed in an industrial district. See I-1 permitted use (2)a. Warehousing and wholesale establishments and trucking facilities.)

(10)

Building permit not to be issued until construction of principal building has commenced; exception. By definition, an accessory building is clearly incidental to the principal building housing the main use, therefore, the building inspector shall not issue a building permit for an accessory building until rough framing inspection approval has been given for the main or principal building. However, accessory buildings may be constructed in the AG agricultural district prior to the construction of the main or principal building where the subject parcel is a bona fide farm, as determined by the zoning administrator, provided that a site plan for the farm building is submitted and approved pursuant to the requirements of section 30-36.

(11)

Farm buildings. All accessory farm buildings intended for legitimate agricultural and farm uses as defined in the definition of "agriculture" and the definition of "farm" in section 30-3, and for uses other than those usually incidental to the dwelling, shall be located not less than 100 feet from any dwelling and not less than 25 feet from any lot line or property boundary, with the exception that the main farm building shall not be less than 150 feet from the front property line. This requirement shall not apply to the alteration of or addition to an existing barn or other farm building, except dwellings, which are located closer to the road and which existed prior to the adoption of the ordinance from which this chapter is derived.

(Comp. Ords. 1988, § 15.473; Ord. No. 140, arts. 1, 2, 7-19-2004; Ord. No. 146, 1-21-2008; Ord. No. 162 , §§ 1.1—1.4, 10-17-2016)

There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces. The number of off-street parking spaces, in conjunction with all land or building uses, shall be provided prior to the issuance of a certificate of occupancy, as prescribed in this section.

(1)

Location of parking spaces in yards. Required off-street parking space may be located within any non-required yard and within the required rear yard unless otherwise provided in this chapter. Off-street parking shall not be permitted in a required front or side yard setback unless otherwise provided in this chapter, except that uncovered parking space may be located within a required side yard. Uncovered parking shall not be located within a required side yard when such yard is less than ten feet wide.

(2)

Location of parking areas for nonresidential uses. Off-street parking for other than residential use shall be either on the same lot or within 300 feet of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot. Ownership shall be shown on all lots or parcels intended for use as parking by the applicant.

(3)

Residential parking spaces. Residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve, and shall be subject to the provisions of section 30-424, pertaining to accessory buildings.

(4)

Change of use of parking area. Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere, and shown on an amended site plan, which shall be reviewed and acted upon by the planning commission and township board in accordance with section 30-38.

(5)

Reduction of parking area. Off-street parking existing at the effective date of the ordinance from which this chapter is derived in connection with the operation of an existing building or use shall not be reduced to an amount less than required in this section for a similar new building or new use.

(6)

Collective parking facilities. Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

(7)

Dual function parking areas. In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the board of appeals may grant an exception.

(8)

Storage or repairs in parking area. The storage of merchandise, motor vehicles for sale, or trucks, or the repair of vehicles, is prohibited within an area which has been designated to fulfill the prescribed off-street parking requirements.

(9)

Requirements for uses not specifically mentioned. For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the planning commission considers is similar in type.

(10)

Calculations resulting in fractional space. When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

(11)

Definition of usable floor area. For the purpose of computing the number of parking spaces required, the definition of usable floor area in section 30-3 shall govern.

(12)

Minimum number of parking spaces. The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule:

(Comp. Ords. 1988, § 15.474; Ord. No. 146, 1-21-2008)

Cross reference— Traffic and vehicles, ch. 26.

Whenever the off-street parking requirements in section 30-425 require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

(1)

Permit for construction. No parking lot shall be constructed unless and until a permit therefor is issued by the zoning administrator. Applications for a permit shall be submitted to the zoning administrator in such form as may be determined by the zoning administrator and shall be accompanied with two sets of plans for the development and construction of the parking lot showing that the provisions of this section will be fully complied with.

(2)

Dimensions of parking spaces and maneuvering lanes. Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements, except that the dimension of spaces for the handicapped shall be as set forth by the Michigan Building Code.

Parking Layouts

(3)

Access. All spaces shall be provided with adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited except for one- and two-family residential uses. Adequate ingress and egress to and from the parking lot by means of clearly limited and defined drives shall be provided for all vehicles. Ingress and egress to and from a parking lot lying in an area zoned for other than one-family residential use shall not be across land zoned for one-family residential use.

(4)

Direction of traffic movement. All maneuvering lane widths shall permit one-way traffic movement, except that the 90-degree pattern may permit two-way movement.

(5)

Location of entrances, exits, and possible access connection. Each entrance and exit to and from any off-street parking lot located in any O-1, B-1, B-2, I-1 or I-2 district shall be at least 25 feet distant from adjacent property located in any RS, RE, AG, RM, or CR district. The planning commission may require an access easement to be provided for vehicle access to adjacent property drive(s) and/or parking lot(s) to minimize the need for driveways to each facility and to reduce traffic access to and turning movements to and from public streets, thereby decreasing hazards to vehicular traffic. Such access easements may be for immediate connections or to provide for future possible connections.

Such proposed entrance(s) and exit(s) shall be in accordance with the installation specifications and procedures of the St. Clair County Road Commission or Michigan Department of Transportation (MDOT), whichever has jurisdiction. Any single-family or two-family residential use or farm use accessing a private road shall meet standards equivalent to those of the county road commission and shall be approved by the township engineer.

(6)

Obscuring wall or berm. The off-street parking area shall be provided with a continuous, decorative obscuring wall or earth berm not less than four feet six inches in height measured from the surface of the parking area. This wall (or berm, combination of berm and wall) shall be provided on any and all sides where an O-1, B-1, B-2, I-1, or I-2 district is adjacent to an RS, RE, AG, RM, or CR district, or abuts a public street.

(7)

Surfacing and drainage.

a.

The entire parking area, including parking spaces and maneuvering lanes, required under this section shall be provided with a concrete or asphaltic surface approved by the township engineer. The parking area shall be surfaced prior to the issuance of a certificate of occupancy (section 30-33), or upon provision of an adequate performance bond (section 30-37). In the case of a performance bond, the parking area shall be surfaced within one year of the date that the certificate of occupancy is issued for the principal use. Time extensions due to earth settlement problems may be approved by the board of appeals.

b.

Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings.

(8)

Off-street waiting area for drive-through facilities. On the same premises with every building, structure or part thereof, erected and occupied for the purpose of serving customers in their vehicles by means of a service window, washing bay, or similar arrangement, there shall be provided six off-street waiting spaces for each service window or service bay, not blocking parking spaces, drives, or sidewalks. This requirement is in addition to the parking space requirements for each land use. Each waiting space shall be 23 feet long by ten feet wide.

(9)

Lighting. All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.

(10)

Walls extending to alley. In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than ten feet from such alley line in order to permit a wider means of access to the parking area.

(11)

Modification of berm or wall requirements. The board of appeals, following a recommendation by the planning commission and upon application by the property owner of the off-street parking area, may modify the berm or wall requirements where, in unusual circumstances, no good purpose would be served by compliance with the requirements of this section.

(12)

Parking—Side by side. All parking areas shall offer side-by-side or parallel parking, except for individual driveways serving a residential dwelling where tandem parking, meaning vehicles parked bumper to bumper, shall be permitted.

(Comp. Ords. 1988, § 15.475; Ord. No. 146, 1-21-2008)

On the same premises with every building, structure, or part thereof involving the receipt or distribution of vehicles, materials or merchandise there shall be provided and maintained on the lot adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated rights-of-way. Such space shall be provided as follows:

(1)

All spaces shall be provided as required in the schedule of regulations in section 30-391 under "Minimum Rear Yards" (see notes in section 30-392), except as provided in this section for I districts.

(2)

All spaces shall be laid out in the dimensions of at least ten by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height. Loading dock approaches shall be provided with a concrete or asphaltic surface approved by the township engineer. All spaces in I districts shall be provided in the following ratio of spaces to floor area:

All loading and unloading in the I-1 and I-2 districts shall be provided off-street in the rear yard or interior side yard, and in no instance shall loading and unloading be permitted in the front yard except as follows:

a.

I-1 districts. Permit off-street loading and unloading as a front facade truck entrance to a structure and in the front yard, when the front facade of the industrial operation portion of the structure is set back at least 65 feet from the front property line, and provided further that the office portion of the structure shall be constructed forward of the industrial operation so as to be situated between the minimum front yard setback line of 50 feet and the industrial operation.

b.

I-2 districts. Permit off-street loading and unloading as a front facade if set back sufficiently to permit truck maneuvering on the property behind a greenbelt screen planting, berm, or wall at least 40 feet from the front lot line and so constructed as to totally obscure the loading and unloading operation. Such greenbelt, berm or wall shall meet the minimum requirements set forth in sections 30-429 and 30-434.

(Comp. Ords. 1988, § 15.476)

Manufactured houses which do not conform to the definition of a "dwelling, single-family" (section 30-3) shall not be used for dwelling purposes within the township unless located within a manufactured housing community or a manufactured housing plat zoned for such uses, or unless used for a temporary residence purpose as provided in section 30-35.

(Comp. Ords. 1988, § 15.477; Ord. No. 146, 1-21-2008)

Whenever in this chapter a greenbelt or planting is required, it shall be planted within six months from the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials to provide a screen to abutting properties. Suitable materials equal in characteristics to the plant materials listed with the spacing as required shall be provided.

(1)

Plant material spacing.

a.

Plant materials shall not be placed closer than four feet to the fence line or property line.

b.

Where plant materials are planted in two or more rows, plantings shall be staggered in rows.

c.

Evergreen trees shall be planted not more than 30 feet on centers.

d.

Narrow evergreens shall be planted not more than three feet on centers.

e.

Deciduous trees shall be planted not more than 30 feet on centers.

f.

Tree-like shrubs shall be planted not more than ten feet on centers.

g.

Large deciduous shrubs shall be planted not more than four feet on centers.

(2)

Suggested plant materials. Suggested plant materials are as follows:

(3)

Trees not permitted. The following trees are not permitted:

a.

Box Elder.

b.

Soft maples (Red-Silver).

c.

Elms.

d.

Poplars.

e.

Willows.

f.

Horse Chestnut (nut bearing).

g.

Tree of Heaven.

h.

Catalpa.

(4)

Site plan. Whenever a greenbelt or planting screen is required under the provisions of this chapter, a site plan of the parcel to be developed, together with a detailed planting plan of the greenbelt, shall be submitted to the planning commission for approval prior to the issuance of a zoning compliance permit. The site plan shall indicate, to scale, the proposed location and height of buildings and other structures, the location of public walks, roadways and utilities, and the proposed location of off-street parking, loading, service, and outside storage areas and points of ingress-egress to the site. The planting plan shall indicate, to scale, the location, spacing, starting size, and description for each unit of plant material proposed for use within the required greenbelt area, together with the finished grade elevations proposed therein. The planning commission shall review the planting relative to:

a.

The proper spacing, placement and location of plant materials relative to the length and width of greenbelt so as to ensure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved.

b.

The choice and selection of plant materials so as to ensure that root systems will not interfere with public utilities and that fruit and other debris (other than leaves) will not constitute a nuisance within public rights-of-way, or to abutting property owners.

c.

The proposed relationship between deciduous and evergreen plant materials so as to ensure that a maximum obscuring effect will be maintained throughout the various seasonal periods.

d.

The size of plant material (both starting and ultimate) to ensure adequate maturity and optimum screening effect of proposed plant materials.

(Comp. Ords. 1988, § 15.478)

(a)

Purpose and intent. These regulations establish rules and standards for the construction, location, maintenance and removal of all signs except those exempted from regulation by this article. Directional, emergency, or traffic-related signs owned by the township, county, state or federal government agencies are not regulated by this section. The execution of these regulations recognizes that the purpose of this chapter is to protect the interest of public health, safety and welfare and to ensure the maintenance of an attractive physical environment while satisfying the needs of sign users for adequate identification and communication. In order that such purposes can be achieved, the following objectives shall be applied for this chapter and any future additions, deletions and amendments:

(1)

General. Ensure that signs are located, designed, constructed, installed and maintained in a way that protects life, health, morals, property and the public welfare.

(2)

Public safety. Protect public safety by prohibiting signs that are structurally unsafe or poorly maintained; cause unsafe traffic conditions because they unreasonably distract motorists, have similarities to official traffic signs or hinder vision; and impede safe movement of pedestrians or safe ingress and egress from buildings or sites.

(3)

Protect aesthetic quality of districts and neighborhoods. Prevent blight and protect aesthetic qualities by preventing visual clutter and protecting views. Prevent proliferation of signs in residential areas and eliminate abandoned signs and sign structures on unused properties. Also, avoid glare, light trespass, and sky glow through selection of proper fixture type(s) and location, lighting technology, and control of light levels.

(4)

Free speech. Ensure that the constitutionally guaranteed right of free speech is protected and allow signs as a means of communication.

(5)

Reduce conflict. Reduce conflict among signs and light and between public and private information systems.

(6)

Information dissemination. Allow for adequate signage for business identification and other commercial speech, non-commercial speech, and dissemination of public information, including but not limited to, public safety information and notification as may be required by law.

(7)

Foster economic development. Ensure that signs are located in a manner that does not cause visual clutter, blight, and distraction, but rather promotes identification and communication necessary for sustaining and expanding economic development in the city.

(8)

Recognize unique areas. Acknowledge the unique character of certain districts, and establish special time, place and manner regulations that reflect the unique aesthetic, historical, and/or cultural characteristics of these areas.

(b)

General requirements that apply to all signs.

(1)

A permit shall be required for the erection, construction, or alteration of any sign, and all new signs shall require approval by the building inspector, except as provided herein.

(2)

There shall be no flashing, oscillating, or intermittent type of illuminated sign or display; nor shall there be any streamers, windblown devices, spinners, temporary or portable signs, pennants or flags other than those permitted by this [section].

(3)

No sign, except those established and maintained by the township, county, state or federal government, shall be located in, project into, or overhang a public right-of-way, or dedicated public easement.

(4)

All directional traffic signs required for the purpose of orientation, when established by China Township, the St. Clair County Road Commission, the Michigan Department of Transportation, or the Federal government, shall be permitted in all zoning districts.

(5)

Non-accessory and/or off-site signs (such as billboards) shall be prohibited except in I-1 light industrial and I-2 heavy industrial districts.

(6)

All illuminated signs shall be internally lit unless the lighting equipment is designed as an integral part of the display. This means that the lights themselves are part of the sign structure and will in no way interfere with driver visibility or project onto adjoining property.

(7)

No signs, unless provided otherwise in this chapter, shall be located closer than 25 feet from any side or rear property line.

(8)

No sign shall be constructed in a manner as to impair the vision of pedestrians and/or vehicles.

(9)

No sign otherwise permitted shall project above or beyond the maximum height limitation of the use district in which it is located, as referenced in section 30-391.

(10)

Signs may be located in the required front yard except as otherwise provided in this chapter.

(c)

Prohibited signs. All signs not expressly permitted under this section are prohibited by the township. Such prohibited signs include, but are not limited to, the following:

(1)

Beacons.

(2)

Pennants, including tear drop or blade style.

(3)

Vehicle signs, when the vehicle upon which the sign is painted or attached, is parked or placed upon the premises for advertising purposes.

(4)

Roof signs.

(5)

Inflatable signs and tethered balloons.

(6)

Animated signs, except those giving date, time, and temperature.

(7)

Signs affixed to trees, rocks, shrubs or natural features, except authorized by the township which denote a site of historic significance.

(8)

Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices.

(9)

Permanent signs (other than those erected by a public agency) which are located or overhang the public right-of-way or other public property.

(10)

Any strobe, flashing, or oscillating lights, either from the interior or exterior of the building.

(11)

Moving signs.

(12)

Abandoned signs.

(13)

Signs which emit audible sound, odor, or visible matter.

(14)

Any sign erected on a tree, utility pole or other pole used for another purpose.

(15)

Any sign that displays obscenities (including words, pictures, figures, or other depictions).

(d)

Signs exempt from permit requirements. The following signs shall be exempt from the permit requirement of this section and shall conform to the following regulations:

(1)

Incidental signs, which shall not exceed two square feet in area per side and three feet in height. The maximum number of incidental signs on a property shall be two.

(2)

Signs erected for traffic safety purposes by public road agencies.

(3)

Federal, state, county or local required signs on private property.

(4)

Flags bearing the official design of a nation, state, municipality, educational institution, church or fraternal organization. Flags bearing the official seal or emblem of a company or corporation including related slogans, messages or graphics. Each zone lot shall be limited to not more than four of the above flags.

(5)

Changing of a message on a theater marquee or similar approved signs which are specifically designed for the use of replaceable copy.

(6)

Painting, repainting, cleaning, and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.

(7)

Temporary signs not exceeding a total of nine square feet in area per side and three feet in height in residential districts, and 36 square feet in area per side and four feet in height in non-residential districts. Each temporary sign shall be limited in duration to 60 days, at which time the sign(s) shall be removed for a period of no less than 30 days. Electrical permits are required if illuminated. The maximum area for all temporary signs shall be limited to 18 square feet in residential areas, and 72 square feet in area in a non-residential district.

(e)

Additional signage regulations by zoning district. In addition to subsections (a) through (c) of this section, the following requirements apply to signs located in various zoning districts:

(f)

Maintenance. The owner of any property on which any sign is placed, and the person maintaining said sign are declared to be equally responsible for the condition of the sign and area in the vicinity thereof. Both parties shall be clearly identified on the sign by name, address, and telephone number.

(g)

Obsolete signs. All signs that are obsolete, due to discontinuance of the business, activity, or message depicted thereon, shall be removed within 30 days of the close of said business or activity.

(h)

Granting and issuance of sign permit. All new signs, which are not exempt, shall be reviewed by the building inspector. Upon receipt of the necessary application and supporting documentation, the building inspector shall review such application for conformance with this section, and either approve or disapprove the application. If the application is denied, the reasons for such denial shall be clearly delineated to the applicant.

(i)

Substitution clause. The owner of any sign allowed by this section may substitute non-commercial speech in lieu of any other commercial speech, or vice versa. This substitution may be made without any additional approval or permitting.

(Comp. Ords. 1988, § 15.479; Ord. No. 146, 1-21-2008; Ord. No. 163 , § 3, 2-19-2018)

All lighting for parking areas or for the external illumination of buildings or grounds shall be directed away from and shall be shielded from adjacent residential districts and shall also be so arranged as to not adversely affect driver visibility on adjacent thoroughfares. Lighting standards shall not exceed the maximum height limitations established for each use district as set forth in section 30-391.

(Comp. Ords. 1988, § 15.480)

No fence, wall, shrubbery, sign or other obstruction to vision above a height of two feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line of 25 feet from their point of intersection, or the triangular area formed by the intersection of any street right-of-way line and any public or private driveway at a distance along each line of 15 feet from their point or intersection (see illustration).

Corner Clearance

(Comp. Ords. 1988, § 15.481)

No portion of a lot or parcel once used in complying with the provisions of this chapter for yards, lot area per family, density as for a development in the multiple-family district, or percentage of lot occupancy, in connection with an existing or proposed building or structure, shall again be used as part of the lot or parcel required in connection with any other building or structure existing or intended to exist at the same time.

(Comp. Ords. 1988, § 15.482)

(a)

Obscuring wall or landscaped berm required for certain uses. For the use districts and uses listed in this subsection, there shall be provided and maintained, on those sides abutting or adjacent to an AG, RE, RS, RM or CR district or an existing residentially used lot or parcel, an obscuring wall or landscaped berm as required in this subsection. The height of the wall or berm shall be measured from the surface of the parking area or land on the nonresidential side of the wall. The planning commission shall make the final determination at the time of site plan review whether the intent of this section would best be served by an obscuring wall or earth berm.

(b)

Extent of required wall or berm. In the case of variable wall or berm height requirements such as in subsections (a)(1), (3), and (4) of this section, the extent of the obscuring wall or berm shall be determined by the planning commission on the basis of land usage; provided that no wall or berm shall be less than the required minimum or greater than the required maximum height.

(c)

Location of walls. Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformance with yard setback lines. Required walls may, upon approval of the board of appeals, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the board of appeals in reviewing such request.

(d)

Openings in walls; construction materials.

(1)

Required walls shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter and except such openings as may be approved by the planning commission. All walls required in this section shall be constructed of face brick or comparable nonporous facing materials on the exterior side facing a residential district and shall be approved by the planning commission to be durable, weather resistant, rustproof and easily maintainable, and wood or wood products shall be specially excluded (see drawing).

(2)

Masonry walls may be constructed with openings which do not in any square section (height and width) exceed 20 percent of the surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required, and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the planning commission.

(e)

Construction of berms.

(1)

Required berms shall be constructed as landscaped earth mounds with a crest area at least four feet in width. The exterior face of the berm shall be constructed as an earthen slope. The interior face of the berm may be constructed as an earthen slope, or retained by means of a wall, terrace, or other means acceptable to the building inspector. Whenever an earthen slope is provided, it shall be constructed with an incline not to exceed one foot of vertical rise to three feet of horizontal distance.

(2)

Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected with a straw mulch held in place by jute netting until the seed germinates and a permanent lawn is established. The straw mulch is not required if the seeded slope is protected by a net that is specifically designed to control erosion. The berm area shall be kept free from refuse and debris and shall be planted with shrubs, trees or lawn and shall be maintained in a healthy, growing condition.

(3)

A planting plan and grading plan shall be prepared for the berm and shall be reviewed by the planning commission. Plant materials within the berm area shall be installed in accordance with the requirements for greenbelts and plant material as set forth in section 30-429 (see drawing).

(f)

Waiver or modification of requirements.

(1)

The board of appeals may waive or modify the requirements of this section where cause can be shown that no good purpose would be served, provided that in no instance shall a required wall or berm be permitted to be less than four feet six inches in height except where section 30-432 applies.

(2)

In consideration of a request to waive wall or berm requirements between AG, RE, RS, CR, or RM districts and nonresidential districts, the board shall refer the request to the planning commission for a determination as to whether or not the AG, RE, RS, RM or CR district is considered to be an area in transition and will become nonresidential in the future. In such cases as the planning commission determines the residential district to be future nonresidential area, the board may temporarily waive wall or berm requirements for an initial period not to exceed 12 months. Granting of subsequent waivers shall be permitted, provided that the planning commission shall make a determination, as described in this subsection, for each subsequent waiver prior to the granting of such waiver by the board.

(Comp. Ords. 1988, § 15.483; Ord. No. 146, 1-21-2008)

(a)

The term "residential fence" as employed in this section shall include any barrier constructed, planted, or otherwise erected by employing processed wood, chain link, masonry, a decorative hedge, an ornamental tree row, or other similar materials or plantings, or any combination thereof, for purposes of enclosing property and/or providing privacy to specific areas within property boundaries.

(b)

Residential fences are permitted subject to the following:

(1)

Fences on all lots of record in all AG, RE, RS and CR districts which enclose property and/or are within a required side or rear yard shall not exceed six feet in height, measured from the surface of the ground.

(2)

Fences on residential lots of record shall not contain barbed wire, electric current or charge of electricity.

(3)

Fences which enclose public or institutional parks, playgrounds or public landscaped areas, situated within an area developed with recorded lots, shall not exceed eight feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than 25 percent of their total area.

(4)

Fences are not permitted within a required front yard, except that decorative types of fences, excluding chain link, may be permitted upon review and approval of the planning commission. Notice of the time, date, and place of the planning commission meeting shall be mailed to property owners whose property will abut (either directly or separated by a street) the location of the proposed decorative fence. The neighboring property owners and other interested persons shall be given the opportunity to speak at the meeting.

(5)

Fences on a recorded residential lot having a lot area in excess of two acres and a frontage of at least 200 feet, and acreage or parcels not included within the boundaries of a recorded plat, in all AG, CR, RE, RS, and RM districts, are excluded from the regulations in this section.

(Comp. Ords. 1988, § 15.484; Ord. No. 146, 1-21-2008)

(a)

Junk motor vehicles and other junk.

(1)

No motor vehicle shall be kept, parked, or stored in any district zoned for residential use, unless it shall be in operating condition and properly licensed, or kept inside a building. The purpose of this provision is to prevent the accumulation of junk motor vehicles, and therefore it shall not apply to any motor vehicle ordinarily used but temporarily out of running condition. If a motor vehicle is being kept for actual use, but is temporarily unlicensed, the building inspector may grant the owner a reasonable time, not to exceed six months, to procure such license.

(2)

No old, rusty, and unsightly machinery, machines, or part of machines not suitable for use upon the premises, or quantities of old and used building materials, shall be kept or stored outside a building; provided, however, that building materials fit to be used to improve the premises may be kept if they are piled off the ground so as not to become a rat and rodent harbor.

(b)

Recreational vehicles, boats and similar vehicles. The open parking and/or storage of a recreational vehicle, boat, or similar vehicle not owned by a resident of the township for periods exceeding 24 hours on lands not approved for such parking or storage shall be expressly prohibited, except that the zoning administrator may issue temporary permits allowing the parking of such vehicles in a rear yard on private property not to exceed a period of two weeks. All recreational vehicles and similar vehicles owned by residents of the township and stored on their individual lots shall not be stored within any front yard or any required side yard and shall further respect the requirements applicable to accessory buildings in section 30-424 insofar as distances from principal structures, lot lines, and easements are concerned. All recreational vehicles parked or stored on lands not approved for campgrounds shall not be connected to sanitary facilities and shall not be occupied.

(Comp. Ords. 1988, § 15.485)

(a)

Generally. Except as otherwise provided in this chapter, every lot or parcel of record created after the effective date of the ordinance from which this chapter is derived shall front upon a county road or state highway for the required width of the lot as provided in section 30-391. Lot width shall be measured as defined in the definition of "lot width" in section 30-3.

(b)

Corner lots. Corner lots shall maintain not less than the minimum required width on all road frontages.

(c)

Lots served by private road. No lot or parcel of record served exclusively by a private road shall be created after the effective date of this (amendment) ordinance, unless the private road receives final planning commission approval within 90 days of the effective date of this (amendment) ordinance, a road permit is issued under the prior terms of section 30-444 this chapter, is constructed in accordance with all township ordinance provisions governing private roads pertaining to the road permit, and the road remains in compliance with all terms and conditions of the permit.

(Comp. Ords. 1988, § 15.487; Ord. No. 147, art. 2, 4-21-2008)

In all AG, RE, RS, CR, and RM districts, so-called entranceway structures, including but not limited to walls, columns, and gates, marking entrances to single-family subdivisions, multiple-family housing developments, or mobile home parks may be permitted and may be located in a required yard, except as provided in section 30-432, provided that such entranceway structures shall comply with all codes of the township, and shall be approved by the building inspector and a permit issued.

(Comp. Ords. 1988, § 15.488; Ord. No. 146, 1-21-2008)

(a)

Any private swimming pool or appurtenances thereto shall not encroach on any required front or side yard. For purposes of this chapter, all private swimming pools containing 24 inches or more of water in depth at any point shall be considered as accessory structures and subject to the provisions of section 30-424.

(b)

Notwithstanding provisions of the National Electrical Code or other township ordinance, any pools erected after the adoption of the ordinance from which this chapter is derived shall have, and maintain, an adequate enclosure either surrounding the property or pool area, sufficient to make the pool inaccessible to small children. Such enclosure, including gates therein, must not be less than four feet above the underlying ground, and all gates must be self-latching with latches made inaccessible from the outside to small children. A natural barrier, hedge, pool cover or other protective device may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described in this subsection.

(c)

No private swimming pool or appurtenance thereto shall encroach upon a public easement or be situated directly below an overhead utility power line. All such pools shall further comply with all provisions of the National Electrical Code currently in effect in the township.

(Comp. Ords. 1988, § 15.489; Ord. No. 146, 1-21-2008)

(a)

Generally; zoning compliance permit. Private ponds for fish, ducks, livestock, water, irrigation water, fire protection, recreation, or collection of surface drainage or created for the purpose of obtaining fill dirt for on-site construction purposes shall be permitted in any district subject to the provisions of this section and after first obtaining a zoning compliance permit from the zoning administrator. The zoning administrator shall make a pre-construction field inspection prior to issuance of the permit. The application for the permit shall contain:

(1)

The name of the owner of the property.

(2)

Legal description of the property.

(3)

A site plan prepared with drafting instruments and drawn to a scale suitable to demonstrate compliance with applicable regulations.

(b)

State permit. No pond shall be constructed without first obtaining a permit from the state department of environmental quality if such pond would be:

(1)

Five acres or greater in area;

(2)

Connected to an existing lake or stream; or

(3)

Located within 500 feet of the ordinary high water of an existing inland lake or stream.

The obtaining of a permit from the state department of environmental quality shall not relieve a person from also complying with the requirements of this section.

(c)

Information and guidelines. Applicants under this section are encouraged to obtain copies of publications concerning ponds from the U.S. Soil Conservation Service and the county cooperative extension service.

(d)

Required standards. All ponds constructed after the effective date of the ordinance from which this chapter is derived shall comply with the following regulations:

(1)

No pond shall be constructed upon a parcel of land having an area less than 2½ acres or having a lot width of less than 220 feet. The minimum lot width for ponds shall be reduced to 165 feet wide if the requirements of section 30-440(d)(16) are met and the lot is a legally established nonconforming lot of record.

(2)

No pond shall have a width of less than 40 feet. Ponds to be used for agricultural irrigation and/or livestock watering shall be located on a contiguous parcel of land of not less than 40 acres.

(3)

The removal, depositing or dumping of any excess topsoil, subsoil, sand, gravel, or earth or other similar materials accumulating as a result of the excavation of a pond from the lot or parcel on which the pond is constructed shall not be permitted except as approved by the zoning board of appeals together with such reasonable conditions as may be attached by the board.

(4)

Excavations undertaken primarily for the purpose of commercial soil, gravel, or mineral removal and not primarily for the purposes set forth in this section shall not be considered as ponds, but instead shall be considered as quarries and subject to the applicable provisions of this chapter.

(5)

The pond shall not be greater than 25 feet in depth.

(6)

The pond may occupy up to a maximum of 20 percent of the lot or property upon which it is placed.

(7)

The pond shall be a minimum of 50 feet from any dwelling or any domestic water supply, a minimum of 100 feet from any septic tank or septic field, and a minimum of 25 feet from any accessory building.

(8)

The pond shall be set back at least 50 feet (measured from the nearest edge of the excavation) from all property lines and may not be located within a required front yard. The pond may be located within a non-required front yard provided that all [other] setbacks are maintained.

(9)

The pond shall not have a steeper slope than 1:3 on all sides (one foot vertical for each three feet horizontal) in areas where the depth of water is less than eight feet. In areas where the water depth exceeds eight feet, the slope may be increased to a maximum of 1:1 on all sides (one foot vertical for each one foot horizontal).

(10)

All of the disturbed areas around the pond shall be seeded with adapted grasses and legumes or decorative landscaping stone.

(11)

The pond shall be located so as to prevent sewage or runoff from barnyards, septic tanks or septic fields from draining into the pond.

(12)

No pond shall be located within any utility easement, whether for above-ground or underground utility lines. However, when said easement is in the form a "blanket easement" covering an entire lot or parcel or in the case where no written easement is evident, said pond shall not be located within 25 feet horizontally of any overhead electrical line, wire, or conductor, nor within 25 feet horizontally of any underground utility pipe, conduit or wire.

(13)

The use of any residential, agricultural, or farm pond by the general public for swimming, fishing, or the like shall be prohibited.

(14)

All approved ponds shall be completed within six months from the date of issuance of the permit. The zoning administrator may grant one six-month extension of the permit for just cause.

(15)

A soil erosion control permit shall be obtained from the county department of public works as set forth by the part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.) when the area of the excavation exceeds one acre in size, or as otherwise required by law.

(16)

Construction of a pond shall not cause an increase in runoff or drainage to abutting properties beyond that which may have occurred prior to its construction. The zoning administrator shall require that any plan submitted for a pond show an adequate method of preventing overflow, backup, or runoff of water onto adjacent properties. To accomplish this purpose, the zoning administrator may require a spillway leading to an approved drainageway or a grassed berm along one or more sides of the pond, or both. The location of all proposed ponds must be staked and inspected by the zoning administrator prior to excavation.

(Comp. Ords. 1988, § 15.490; Ord. No. 160 , §§ 1.1—1.4, 11-16-2015)

In proposing to establish a new property grade or change an existing grade on a property for the purpose of any construction thereon, or any other reason, the following conditions shall control:

(1)

Independent authorities. It is to be understood by all parties that the authorities of the St. Clair County Drain Commissioner, the St. Clair County Road Commission, and the Michigan Department of Environmental Quality over their respective facilities and waterways must be respected and their approval(s) may be required as is applicable in each case.

(2)

Agricultural drainage systems. Nothing contained in this section shall be construed to prohibit or interfere with the installation or alteration of normal, proper, and generally accepted agricultural drainage methods and systems when part of a bona fide farm, provided that the proposed action will not cause any adverse effect upon adjacent properties.

(3)

No person may by action or inaction (e.g. by neglect) cause an increase or decrease in the flow of water over that which previously exists onto or from adjacent properties, except as may be regulated and conditioned under this section and section 30-442. Such an action(s) could be one that diverts, blocks or dams, hinders the flow of water, or one that causes the flow of water to be altered, diverted, blocked, dammed, or hindered. Neglect could be for example; a failure of maintenance, permitting the build up of debris, or permitting erosion which then has an altering effect. Such subject water flow, whether natural or artificial, public or private, may be by means of a drain, drainage course, ditch, tube or other conduit, watercourse, or body of water.

(4)

Where there is existing development in the area or where the adjacent lands are subdivided, the grades about the new development or construction shall be set to conform to the grades of the existing development or subdivision.

(5)

All new development shall be so accomplished as to contain all runoff on the site or direct runoff to storm facilities without crossing abutting developed or platted lands.

(6)

Grades of the site may be raised a total of 12 inches above the crown of an abutting public road if such increase in grade does not cause runoff onto abutting property. The first-floor elevation of the proposed construction shall be shown.

(7)

When a new building is constructed on a vacant parcel between two existing developed properties, the finish grades about the new development shall be set to conform to the average of the finish grades of the existing developed properties on both sides.

(8)

In special cases where unusual topographic or natural features exist, or where existing soil conditions or other constraints require the St. Clair County Health Department to establish a finished grade in excess of the above requirements, it shall be the responsibility of the property owner to utilize whatever means are necessary to contain all storm water on the premises, or to direct such stormwater to an outlet approved by the zoning administrator. Such containment and/or disposal mechanisms may include, but are not limited to the following: earthberms, containment pond(s), swales, open drains, enclosed drains, or artificial lift and discharge mechanism(s). The proposed method of drainage is subject to the review and written approval of the zoning administrator specifying the specifics of his/her approval. The method of drainage selected shall not be less than that which is required to direct runoff away from adjacent properties, and which is necessary to protect the public health, safety and welfare of the township.

(9)

Documentation required/zoning administrator approval-denial/appeal.

a.

Single-family dwellings, two-family dwellings and farm buildings. Owners of proposed single-family dwellings, two-family dwellings, and farm building(s) shall submit such documentation as the zoning administrator determines necessary to determine adequate compliance with items (1) through (6) above, and may waive the provisions of this section where he/she determines them unnecessary. Such documentation shall include a written description of the proposed action, the reason for the proposed action, a plan drawn to scale showing the existing and proposed drainage patterns.

The zoning administrator shall make a site inspection and shall make a determination whether the proposed action will cause either an increase or decrease in the runoff or flow of water onto adjacent properties beyond that which would occur without the proposed action under existing conditions. The zoning administrator may seek the opinion of the township engineer or other professionals as deemed necessary. If the zoning administrator determines the proposed action will cause either an increase or decrease beyond existing conditions, the zoning administrator shall not approve the proposed change.

Upon completion of the proposed action, the zoning administrator shall make an additional visit to the site and make a determination that the proposed action was completed in accordance with the terms of the permit and, if satisfactory, shall issue a certificate of completion.

If the owner of the property wishes to pursue the proposed change further, they may seek more comprehensive review under subsection b. below.

b.

All other uses. For all uses, except single-family dwellings, two-family dwellings, and farm building(s), where grade on a site is in any way to be increased above existing grade, the owner of the property shall, upon application for a building permit, submit a certification signed and sealed by a civil engineer licensed to practice in the State of Michigan stating the existing and proposed grades and that the conditions set forth in items (1) through (6) above are met.

This certification shall be accompanied by a drawing which contains at least the following information:

1.

A property line survey showing lot shape and dimension, drawn to a scale of at least 1 inch = 10 feet on lots 85 feet in width or less, and 1 inch = 30 feet on lots greater than 85 feet.

2.

A topographic map shall be drawn (may be superimposed on item 1. above) at a contour interval of not greater than one foot. Elevations of abutting properties and the crown of abutting road pavement shall be shown.

3.

Proposed changes in grade shall be shown through the use of proposed contour lines.

4.

The first-floor elevation of the proposed construction shall be shown.

The zoning administrator shall seek the opinion of the township engineer. The zoning administrator shall make a site inspection and together with the documentation provided, shall make a determination whether the proposed action will cause either an increase or decrease in the runoff or flow of water onto adjacent properties beyond that which would occur without the proposed action under existing conditions. If the zoning administrator determines the proposed action will cause either an increase or decrease beyond existing conditions, the zoning administrator shall not approve the proposed change.

The proposed change, in the event of a determination of increase or decrease beyond existing conditions, shall only be approved by the zoning administrator with the concurring approval of the township engineer and after consulting with the township attorney. Agreement(s), waiver(s), drainage easement(s) and/or other legal documentation regarding affected adjoining property owner(s) may be advisable.

If the owner of the property wishes to pursue the proposed change further, they may seek a determination by the zoning board of appeals.

Upon completion of the proposed action, the zoning administrator and township engineer shall make an additional visit to the site and make a determination that the proposed action was completed in accordance with the terms of the permit and, if satisfactory, shall issue a certificate of completion.

(10)

Fees for applications made pursuant to this section shall be paid at the time of application for a permit. The amount of such fees shall be established by the township board and are intended to fully cover the costs of review(s) and inspections. In cases where it is necessary for a review to be made by the township engineer and/or other township officials or consultants, the applicant shall be required to pay the township such additional reasonable fees as are necessary to conduct and complete such reviews.

(Comp. Ords. 1988, § 15.491; Ord. No. 146, 1-21-2008; Ord. No. 149, art. 1, 7-20-2009)

The following regulations shall apply to all condominium developments within the township:

(1)

Initial information. Concurrently with the notice required to be given the township pursuant to section 71 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.171), a person intending to develop a condominium development shall provide the following information:

a.

The name, address, and telephone number of:

1.

All persons with an ownership interest in the land on which the condominium development will be located together with a description of the nature of each entity's interest (for example, fee owner, optionee, or land contract vendee).

2.

All engineers, attorneys, architects, or registered land surveyors associated with the project.

3.

The developer or proprietor of the condominium development.

b.

The legal description of the land on which the condominium development will be developed together with appropriate tax identification numbers.

c.

The acreage content of the land on which the condominium development will be developed.

d.

The purpose of the development (for example, residential, commercial, industrial, etc.).

e.

Approximate number of condominium units to be developed on the subject parcel.

f.

Whether or not a community water system is contemplated.

g.

Whether or not a community septic system is contemplated.

(2)

Information to be kept current. The information shall be furnished to the township building official and shall be kept updated until such time as a certificate of occupancy has been issued pursuant to section 30-33.

(3)

Site plans for new projects. Prior to recording of the master deed required by section 72 of Public Act No. 59 of 1978 (MCL 559.172), the condominium development shall undergo site plan review and approval pursuant to section 30-38. In addition, the township shall require appropriate engineering plans and inspections prior to the issuance of any certificates of occupancy.

(4)

Site plans for expandable or convertible projects. Prior to expansion or conversion of a condominium development to additional land, the new phase of the project shall undergo site plan review and approval pursuant to section 30-38.

(5)

Master deed, restrictive covenants and as-built survey. The condominium development developer or proprietor shall furnish the building official with the following: one copy of the recorded master deed, one copy of all restrictive covenants, and two copies of an as-built survey. The as-built survey shall be reviewed by the township engineer for compliance with township ordinances. Fees for this review shall be established by resolution of the township board.

(6)

Monuments. All condominium developments which consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this subsection.

a.

All monuments used shall be made of solid iron or steel bars at least one-half inch in diameter and 36 inches long and completely encased in concrete at least four inches in diameter.

b.

Monuments shall be located in the ground at all angles in the boundaries of the condominium development, at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development and at the intersection of alleys with the boundaries of the condominium development, at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate traverse line. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily re-established by reference to monuments along the side lines of the streets.

c.

If the required location of a monument is in an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby, and the precise location thereof shall be clearly indicated on the plans and referenced to the true point.

d.

If a point required to be monumented is on a bedrock outcropping, a steel rod, at least one-half inch in diameter, shall be drilled and grouted into solid rock to a depth of at least eight inches.

e.

All required monuments shall be placed flush with the ground where practicable.

f.

All unit corners and the intersection of all limited common elements and all common elements shall be monumented in the field by iron or steel bars or iron pipe at least 18 inches long and one-half inch in diameter, or other approved markers.

g.

The township board may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed one year, on the condition that the proprietor deposits with the township clerk cash or a certified check, or an irrevocable bank letter of credit to the township, whichever the proprietor selects, in an amount to be established by the township board by resolution. Such cash, certified check, or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.

(7)

Compliance with federal, state and local law. All condominium developments shall comply with federal and state statutes and local ordinances.

(8)

Occupancy before installation of improvements. The building official may allow occupancy of the condominium development before all improvements required by this section are installed, provided that cash, a certified check, or an irrevocable bank letter of credit is submitted sufficient in amount and type to provide for the installation of improvements before the expiration of the temporary occupancy permit without expense to the township.

(9)

Single-family detached condominiums.

a.

Pursuant to authority conferred by section 141 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.241), all condominium subdivision plans must be approved by the township board following review and recommendation for approval by the planning commission. In determining whether to recommend a condominium subdivision plan for approval to the township board, the planning commission shall consult with the zoning administrator, township attorney, township engineer, and township planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, development layout, and design and compliance with all requirements of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), and this chapter.

b.

A single-family detached condominium development shall be subject to all of the requirements and standards of the applicable single- or multiple-family residential district or approved planned unit development (PUD) plan.

c.

The design of a single-family detached condominium project shall be subject to the following design layout and engineering standards, except as may otherwise be provided by this section. Streets shall conform to at least all minimum requirements of the general specifications and typical cross sections as set forth in the design layout standards in chapter 12, article III, division 3, and other conditions set forth by the township board and the county road commission.

1.

Location, arrangement and design of streets.

i.

The street layout shall provide for continuation of collector streets in the adjoining subdivisions or of the proper projection of streets when adjoining property is not subdivided, or conform to a plan for a neighborhood unit drawn up and adopted by the commission.

ii.

The street layout shall include minor streets so laid out that their use by through traffic shall be discouraged.

iii.

Should a proposed condominium development border on or contain an existing or proposed major thoroughfare, the commission may require marginal access streets, reverse frontage, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation and reduction of traffic hazards.

iv.

Should a proposed condominium development border on or contain a railroad, expressway, or other limited access highway right-of-way, the commission may require the location of a street approximately parallel to and on each side of such right-of-way at a distance suitable for the development of an appropriate use of the intervening land such as for parks in residential districts. Such distances shall be determined with due consideration of the minimum distance required for approach grades to future grade separation.

v.

Half streets shall be prohibited, except where absolutely essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the commission finds it will be practicable to require the dedication of the other half when the adjoining property is developed. Wherever there exists, adjacent to the tract to be subdivided, a dedicated or platted and recorded half street, the other half shall be platted or otherwise included in the condominium subdivision.

vi.

Should a proposed condominium development border upon or contain an existing or proposed canal, channel, or drainageway, the commission may require the location of a bridge facility suitable to permit the unimpeded flow of water and the passage of waterborne vehicles.

2.

Right-of-way and pavement widths.

i.

Street right-of-way and pavement widths shall conform to at least the following minimum requirements:

ii.

No on-street parking shall be allowed.

iii.

Minimum length for residential cul-de-sac streets shall be 140 feet. Maximum length for residential cul-de-sac streets shall be 500 feet.

iv.

Access to streets across all ditches shall be provided by the proprietor with the county road commission's specifications and procedures for driveway installation.

3.

Easements.

i.

Location of utility line easements shall be provided as necessary for utility lines. Such easements shall be a total of not less than 12 feet wide, six feet from each parcel.

ii.

Recommendations on the proposed layout of telephone and electric company easements should be sought from all of the utility companies serving the area. It shall be the responsibility of the proprietor to submit copies of the proposed condominium development plan to all appropriate public utility agencies.

iii.

Easements six feet in width, three feet from each parcel, shall be provided where needed along side condominium unit boundary lines so as to provide for streetlight dropouts. Prior to the approval of the condominium subdivision plan, a statement shall be obtained from the appropriate public utility indicating that easements have been provided along specific condominium unit boundaries. A notation shall be made on the condominium subdivision plan indicating: "The side boundary lines between condominium units (indicating building envelope numbers) are subject to streetlight dropout rights granted to the (name of utility company)."

d.

Condominium units. Condominium units within detached condominium developments shall conform to the following standards:

1.

Condominium units situated on corners in residential subdivisions shall be at least ten feet wider than the minimum width permitted by this chapter.

2.

Excessive condominium unit depth in relation to width shall be avoided. A depth-to-width ratio of 3:1 shall be considered a maximum.

3.

Every condominium unit shall front or abut on a street.

4.

Side condominium unit lines shall be at right angles or radial to the street lines.

5.

Condominium units abutting major thoroughfares or collector streets, where marginal access streets are not desirable or possible to attain, shall be situated with reverse frontage condominium units, or with side condominium unit lines parallel to the major traffic streets.

6.

Condominium units shall have a front-to-front relationship across all streets where possible.

7.

Where condominium units border upon bodies of water, the front yard may be designated as the waterfront side of such condominium unit provided the building envelope has sufficient depth to provide adequate setback on the street side to maintain a setback for all structures equal to the front setback on the street side as well as on the waterfront side.

e.

Blocks.

1.

Maximum length for blocks shall not exceed 1,300 feet in length, except where, in the opinion of the planning commission, conditions may justify a greater distance.

2.

Widths of blocks shall be determined by the condition of the layout and shall be suited to the intended layout.

f.

Natural features. The natural features and character of lands must be preserved wherever possible. Due regard must be shown for all natural features such as large trees, natural groves, watercourses, and similar community assets that will add attractiveness and value to the property, if preserved. The preservation of drainage and natural stream channels must be considered by the proprietor and the dedication and provision of adequate barriers, where appropriate, shall be required.

g.

Walkways. Walkways shall be installed in all single-family detached condominium developments. Such walkways shall be a minimum of five feet in width along both sides of collector and minor streets and six feet in width along all major thoroughfares. Access to all general common areas shall be provided. Upon review of the site plan, the planning commission may approve alternate locations for the walkways or may waive the walkway requirement if it would not serve the purpose of providing adequate pedestrian circulation.

h.

Street trees and landscaping.

1.

Street trees shall be provided in the ratio of at least one per dwelling unit, shall be placed along the right-of-way, and shall not be less than eight feet in height.

2.

The following trees are prohibited:

i.

Box Elder.

ii.

Soft maples (Red, Silver).

iii.

Elms.

iv.

Poplars.

v.

Willows.

vi.

Horse Chestnut (nut bearing).

vii.

Tree of Heaven.

viii.

Catalpa.

3.

All unimproved surface area of the site shall be planted with grass, ground cover, shrubbery, or other suitable landscape materials, except that patios, terraces, decks, and similar site features may be allowed.

i.

Utilities.

1.

An adequate storm drainage system including necessary storm sewers, catchbasins, manholes, culverts, bridges, and other appurtenances shall be required in all developments.

2.

A sewage disposal system shall be required as regulated by chapter 28, article III.

3.

A water supply system shall be required as regulated by chapter 28, article II.

4.

The proprietor shall make arrangements for all lines for telephone, electric, television, and other similar services distributed by wire or cable to be placed underground entirely throughout the development area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways; provided that overhead lines may be permitted upon written recommendation of the township engineer and the approval of the planning commission at the time of site plan approval where it is determined that overhead lines will not constitute a detriment to the health, safety, general welfare, design, and character of the development. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be constructed in accordance with standards of construction approved by the state public service commission. All drainage and underground utility installations which traverse privately held property shall be protected by easements granted by the proprietor.

j.

Final documents to be provided. After submittal of the condominium plan and bylaws as part of the master deed, the proprietor shall furnish to the township a copy of the site plan on a mylar sheet of at least 13 inches by 16 inches with an image not to exceed 10½ inches by 14 inches.

(Comp. Ords. 1988, § 15.492)

Intent. An on-site use wind energy system (see section 30-3 for definition) is intended to first serve the needs of the applicant. A utility grid wind energy system (see section 30-3 for definition) is not a permitted use under this section. A utility grid wind energy system is separately provided for and regulated as a special land use (section 30-573) in the AG, I-1 and I-2 districts. An anemometer tower shall abide by the same regulations below for on-site wind systems and shall be removed before an on-site use wind system is installed.

(a)

Small on-site windmills. In the AG districts windmills with a power generation capacity of five kilowatts (or equivalent) or less (e.g. for live stock watering tanks) are a permitted use, subject to the following requirements. There are no limits on the number of these small windmills permitted.

(1)

Setbacks. The base of tower shall be setback a distance of not less than one and one-half times the height of tower from the nearest property line. In addition, no part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to the nearest property line.

(2)

Height. There is no fixed height limit in this case beyond the requirements of paragraphs (1) and (5).

(3)

Noise. Sound pressure levels shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).

(4)

Safety.

(i)

Vertical clearance. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor. Blade or rotor arc must be demonstrated to be a safe and reasonable distance from any separate building, structure, utility wire, or tree.

(ii)

Guy wire visibility. If a wind energy system tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors.

(iii)

Rotor or blade integrity protection. An on-site use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding.

(iv)

Lightning. All wind energy system towers shall have lightning protection.

(5)

Construction codes, towers, and interconnection standards. On-site use wind energy systems, including towers, shall comply with all applicable state construction and electrical codes and local building permit requirements. On-site use wind energy systems, including towers, shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act, the Michigan Tall Structures Act, and any local jurisdiction airport overlay zone regulations. If an on-site use wind energy system is attached to a building or structure, the building inspector must approve it as being safe and secure and in accordance with all applicable state construction and electrical codes.

(b)

Larger on-site windmills. Windmills with a power generation capacity of greater than five kilowatts (or equivalent) are a permitted use, subject to the following requirements.

(1)

Only one wind energy system is permitted per lot or premises.

(2)

Setbacks. The base of tower shall be setback a distance of not less than one and one-half times the height of tower from the nearest property line. In addition, no part of the wind energy system structure, including guy wire anchors, may extend closer than ten feet to the nearest property line.

(3)

Noise. Sound pressure levels shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short-term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).

(4)

Shadow flicker. Prior to a zoning compliance permit and prior to a building permit being issued, the applicant must demonstrate to the zoning administrator that no adverse shadow flicker impact will occur from sunrise to sunset throughout the year on any occupied buildings and lands of adjacent properties. The zoning administrator, if in doubt, may refer the matter to the planning commission. The planning commission may require that the potential of an adverse shadow flicker impact be studied by an independent consultant, knowledgeable on the subject. The study shall recommend one or more means by which the impact(s) (if any) can be avoided (including whether or not to construct) or mitigated. The applicant must deposit in advance sufficient funds with the township to pay for the study.

(5)

Safety.

(i)

Vertical clearance. The minimum vertical blade tip clearance from grade shall be 20 feet for a wind energy system employing a horizontal axis rotor. Blade or rotor arc must be demonstrated to be a safe and reasonable distance from any separate building, structure, utility wire, or tree.

(ii)

Guy wire visibility. If a wind energy system tower is supported by guy wires, the wires shall be clearly visible to a height of at least six feet above the guy wire anchors.

(iii)

Rotor or blade integrity protection. An on-site use wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding.

(iv)

Lightning. All wind energy system towers shall have lightning protection.

(6)

Construction codes, towers, and interconnection standards. On-site use wind energy systems, including towers, shall comply with all applicable state construction and electrical codes and local building permit requirements. On-site use wind energy systems, including towers, shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act, the Michigan Tall Structures Act, and any local jurisdiction airport overlay zone regulations. If an on-site use wind energy system is attached to a building or structure, the building inspector must approve it as being safe and secure and in accordance with all applicable state construction and electrical codes.

(7)

Wiring. All wiring between the tower and the principal building shall be underground.

(8)

Residential districts (except AG). When located in RE, RS, RM, and CR districts, the following additional regulations shall apply:

(i)

An on-site use wind energy system shall be located only in a rear yard, or if attached to a building or other structure it shall be located at the rear of said building or structure.

(ii)

The height of the tower above the average grade of the lot shall not exceed 65 feet to the top of the blade in its vertical position.

(9)

Office and business districts. When located in O-1, B-1 or B-2 districts, the height of the tower above the average grade of the lot shall not exceed 75 feet to the top of the blade in its vertical position.

(10)

Agricultural and industrial districts. When located in AG, I-1 or I-2 districts the height of the tower may exceed district height limits.

(11)

Decommissioning. The on-site use wind energy system (windmill) and all appurtenances thereto shall be removed from the site within one year after the windmill is no longer in use (not generating any electricity for over 12 continuous months). The owner of the land upon which the windmill is located shall be responsible for such removal. A windmill which is not so removed shall constitute a public nuisance per se.

(Ord. No. 151, art. 3, 5-17-2010)

Editor's note— Prior to reenactment by Ord. No. 151, Ord. No. 146, adopted Jan. 21, 2008, repealed § 30-443, which pertained to actions affecting drainage and derived from Comp. Ords. 1988, § 15.493.

Editor's note— Ord. No. 147, art. 1, adopted April 21, 2008, repealed § 30-444, which pertained to private roads and derived from Comp. Ords. 1988, § 15.494.

(a)

Intent of section. The intent of this section is to promote the public health, safety and general welfare by minimizing noise, air and visual pollution; improving the appearance of off-street parking and other vehicular use areas; requiring buffering between incompatible land uses; regulating the appearance of property abutting public rights-of-way; protecting and preserving the appearance, character of the community; promoting the conservation of property values and natural resources; and preventing soil erosion. Landscaping and greenbelts are capable of enhancing the visual environment, preserving natural features, improving property values and alleviating the impact of noise, traffic and visual disruption related to intensive uses. Screening, buffers and fencing are important to protect less-intensive uses from the noise, light, traffic, litter and other impacts of nonresidential uses.

(b)

Applicability of section.

(1)

The requirements in this section shall apply to all uses for which site plan review is required under section 30-38. No site plan shall be approved unless the site plan shows landscaping consistent with the provisions of this section. Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan is submitted and approved and a certificate of occupancy shall not be issued unless provisions set forth in this section have been met or a performance guarantee has been posted, in accordance with the provisions set forth in section 30-37.

(2)

In cases where an existing building is to be structurally altered or enlarged or when the use changes to a substantially different use or an existing building is structurally altered or enlarged, all of the standards set forth in this section shall be met.

(c)

Landscape plan required; contents. A separate detailed landscape plan shall be required to be submitted as part of a site plan review. The landscape plan shall include, but not necessarily be limited to, the following:

(1)

The landscape plan shall be prepared by a person familiar with the principles of landscape design and locally adapted plant materials and should bear the seal of a landscape architect licensed to practice in the state. This requirement may be waived by the planning commission when, in the opinion of the commission, the size, scope or nature of the landscaping improvements are not sufficient to warrant professional design.

(2)

Minimum scale is one inch equals 60 feet.

(3)

Existing and proposed contours on-site and 50 feet beyond the site at intervals not to exceed two feet shall be shown.

(4)

Location, spacing, size and root type (bare root (BR) or balled and burlapped (BB)) and descriptions for each plant type proposed for use within the required landscape area shall be indicated.

(5)

Typical straight cross sections, including slope, height and width, of berms, and type of ground cover, or height and type of construction for all proposed walls and fences, including footings, shall be indicated.

(6)

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

(7)

Planting and staking details, in either text or drawing form, to ensure proper installation and establishment of proposed plant materials shall be included.

(8)

Identification of existing trees and vegetation cover to be preserved shall be included.

(9)

Identification of grass and other ground cover and method of planting shall be included.

(10)

Identification of a landscape maintenance program, including a statement that all diseased, damaged or dead materials shall be replaced, shall be included, in accordance with the standards of this section.

(11)

An irrigation plan showing the design of an underground sprinkler system conforming to the requirements of subsection (o) of this section shall be included.

(d)

Review of landscape plan. The planning commission, upon receipt of a written report and recommendation from the zoning administrator and/or township planner, shall review the landscape plan relative to:

(1)

The proper spacing, placement and location of plant materials relative to the length, width and general configuration of the required landscape element so as to ensure that the intended landscaping effect, including the necessary horizontal and vertical obscuring of proposed land uses, will be achieved.

(2)

The choice and selection of plant materials so as to ensure that the root system will not interfere with public utilities and that fruit and other debris will not constitute a nuisance within the public right-of-way or to abutting property owners.

(3)

The proposed relationship between deciduous and evergreen plant materials so as to ensure that the intended landscaping effect, including maximum obscuring effect where appropriate, will be maintained throughout the various seasonal periods.

(4)

The size of plant materials (both starting and ultimate) to ensure adequate maturity and optimum screening and/or shading effect of proposed plant materials.

(e)

Landscape design standards.

(1)

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

(2)

Composition. A mixture of plant material, such as evergreen and deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.

(3)

Plant material size and spacing.

a.

Plant materials shall not be placed closer than four feet to the fence line or property line.

b.

Where plant materials are planted in two or more rows, planting shall be staggered in rows.

c.

Evergreen trees shall have a starting size of at least six feet in height. When planted in informal groupings, they shall be spaced not more than 20 feet on center. When planted in rows, they shall be spaced not more than 12 feet on center.

d.

Narrow evergreens shall have a starting size of at least five feet in height. When planted in informal groupings, they shall be spaced not more than ten feet on center. When planted in rows, they shall be spaced not more than five feet on center.

e.

Large deciduous trees shall have a minimum starting size of 2½ caliper inches. They shall be planted not more than 30 feet on center when placed in informal groupings.

f.

Small deciduous trees shall have a minimum starting size of at least two caliper inches. They shall not be spaced more than 15 feet on center when placed in informal groupings.

g.

Large shrubs shall have a starting size of at least 30 inches in height. They shall be placed not more than six feet on center when placed in informal groupings and not more than four feet on center when planted in rows.

h.

Small shrubs shall have a starting size of not less than 24 inches in height or spread and shall be planted not more than four feet on center.

(4)

Suggested plant materials. See section 30-429(2).

(f)

General landscaping requirements. In addition to any interior parking lot landscaping and/or screening/buffer between land uses required by this chapter, not less than ten percent of the site area, excluding existing thoroughfare rights-of-way, shall be landscaped. Areas used for storm drainage purposes, such as unfenced drainage courses or retention areas in front or side yards, may be included as a portion of the required landscaped area, not to exceed five percent of the site area.

(1)

All portions of the landscaped area shall be planted with grass, ground cover, shrubbery or other suitable plant material, except that paved patios, terraces, sidewalks and similar site features may be incorporated with planning commission approval.

(2)

A mixture of evergreen and deciduous trees shall be planted at the rate of one tree for each 3,000 square feet, or portion thereof, of required landscaped open space area.

(3)

Required trees and shrubs may be planted at uniform intervals, at random or in groupings.

(4)

A portion of the required landscaping, acceptable to the planning commission, shall be provided immediately adjacent to principal buildings. Such landscaping shall be of a size and extent proportionate with the building it is intended to enhance and soften. Larger and taller plant materials, such as deciduous, evergreen and ornamental trees, must compose a significant portion of the required landscaping adjacent to larger structures or monotonous expanses of a building's exterior wall. The location, width, and configuration of planting beds as well as the number, size, type and spacing of plant materials shall be subject to the review and approval of the planning commission. For buildings having a height of 14 feet or less, the average width of the planting beds shall not be less than five feet. When the height of the building exceeds 14 feet, the average minimum width of the planting beds shall be increased an additional one foot for each additional two feet of building height, up to a maximum required minimum average width of 15 feet.

(5)

The total landscaped area shall be the basis for determining the required number of trees or shrubs, irrespective of the portion of the site which is devoted to patios, terraces, sidewalks, or other site features.

(g)

Interior parking lot landscaping.

(1)

In off-street parking areas containing greater than 20 spaces, interior parking lot landscaping shall be provided, in accordance with the following schedule:

a.

In an I-1 or I-2 district, one deciduous tree for each 4,000 square feet of the total of the paved driveway and parking lot surface is required.

b.

In all other districts, one deciduous tree shall be required for each 3,000 square feet of paved driveway and parking lot surface, provided that no less than two trees shall be provided.

(2)

Parking lot landscaping shall be no less than five feet in any single dimension and no less than 150 square feet in any single area. Landscaping shall be protected from parking areas with continuous raised reinforced concrete curbing to prevent vehicular encroachment onto landscaped areas.

(3)

A minimum of one deciduous tree, having a clear trunk height of at least six feet, shall be planted in each landscaped area.

(4)

A minimum of three feet shall be established between the trunk of the proposed tree and the back side of the curb or edge of the pavement for protection.

(5)

The landscape plan shall designate the sizes, quantities and types of plant material to be used in parking lot landscaping.

(6)

All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs or other appropriate landscape treatment. Sand, gravel or other pavement shall not be considered appropriate landscape treatment.

(7)

Required landscaping elsewhere on the parcel shall not be counted in meeting parking lot landscaping requirements.

(8)

Landscaped islands within the parking area shall be designed and placed so as not to unduly interfere with or impede the removal of snow. Adequate areas shall be provided on-site for the disposition and storage of snow.

(h)

Perimeter parking lot landscaping. The purpose of perimeter landscaping requirements is to define parking areas, shield views of parked cars to passing motorists and pedestrians and prevent two adjacent lots from becoming one large expanse of paving. The provision of perimeter landscaping between adjacent parking lots shall not preclude the need to provide vehicular access between lots. Landscape strips shall be provided around the perimeter of lots as follows:

(1)

Perimeter landscape strips separating parking lots and driving lanes from abutting right-of-way.

a.

General requirements. Whenever an off-street parking lot or driving lane abuts a right-of-way, public or private, a perimeter landscape strip shall be created which meets the minimum standards established in this subsection. The perimeter boundary, between the edge of the planned right-of-way and the parking lot or driving lane. Accessways from public right-of-way through required landscaped 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 violation of the spacing requirements set forth in this section.

b.

Specific standards.

1.

The strip shall be landscaped and planted in one of the following approved methods:

i.

A 15-foot-wide strip planted with one deciduous tree and ten shrubs for each 35 feet of frontage.

ii.

A berm that is at least 2½ feet higher than the finished elevation of the parking lot, planted with one deciduous tree and five shrubs for each 35 feet of frontage.

iii.

An eight-foot-wide landscaped strip with a minimum three-foot grade drop from the right-of-way to the parking lot, planted with one deciduous tree and five shrubs for each 35 feet of frontage.

iv.

An eight-foot-wide buffer strip with a three-foot-high wall of brick, stone or decorative finished concrete to screen the lot with one deciduous tree for each 35 feet of frontage, planted between the wall and the right-of-way.

2.

If existing woodlands are available, the applicant may preserve a 25-foot-wide strip in lieu of the landscaping requirement.

3.

With regard to subsections (h)(1)b.1.i—iv of this subsection, two ornamental or two evergreen trees may be substituted for each required deciduous tree.

(2)

Other perimeter landscaping strips. In addition to the perimeter landscaping required in subsection (h)(1) of this section, perimeter landscaping strips shall be required along the remaining boundaries of a parking lot or driving lane as follows:

a.

A landscaped strip, at least eight feet wide, planted with one deciduous tree and three shrubs for each 35 feet of perimeter, shall be required. For small, shallow, narrow or unusually shaped lots, the planning commission may reduce the required width, modify the plantings required or waive this requirement, upon demonstration that compliance with this subsection would cause undue hardship.

b.

If existing woodlands are available, the applicant may preserve a 25-foot-wide strip in lieu of the landscaping requirement.

(i)

Buffers between conflicting land uses. All landscaping plans shall conform to all applicable provisions of section 30-434, pertaining to walls and berms.

(j)

Landscaping of balance of developed site. In addition to the minimum required landscaping elements and areas set forth in subsections (f) through (i) of this section, all developed areas of the site which are not devoted to buildings, parking lots, driveways, sidewalks, patios, terraces or other approved site features shall be planted with grass, ground cover, shrubbery or other suitable plant material and shall be maintained in a healthy, growing condition, free of weeds and debris and with a neat and orderly appearance.

(k)

Protection of existing trees.

(1)

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 during 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.

(2)

If healthy trees which are used to meet the minimum requirements of this section, or those labeled to remain, are cut down, destroyed, damaged or excavated at the dripline, as determined by the township, the owner shall replace them with trees which meet ordinance requirements.

(l)

Berms.

(1)

Where required or utilized under this section, berms shall be constructed with slopes not to exceed a 1:3 gradient with side slopes designed and planted to prevent erosion and with a rounded crest, a minimum of two feet in width at the highest point of the berm, extending the length of the berm. For the purposes of this provision, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm. Berms shall be designed and placed so as not to impede storm drainage.

(2)

The berm shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape.

(3)

A minimum of one deciduous or evergreen tree shall be planted for each 30 linear feet or portion of required berm.

(4)

Eight shrubs per tree may be planted as a substitute for the trees required in subsection (l)(3) of this subsection.

(5)

Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.

(6)

For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.

(m)

Landscaping of areas used for sight distance. When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way, all landscaping within the corner triangular areas described in this subsection shall permit unobstructed cross-visibility. Shrubs located in the triangular area shall not be permitted to grow to a height of more than 30 inches above the pavement grade at the edge of the pavement. Portions of required berms located within sight distance triangular areas shall not exceed 30 inches above the pavement grade at the edge of the pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface. Landscaping, except grass or ground cover, shall not be located closer than three feet to the edge of a driveway. The triangular areas referred to are:

(1)

The area formed at the corner of a public right-of-way and a driveway, two sides of the triangle area being ten feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.

(2)

The area formed at the corner of two public right-of-way lines, the two sides of the triangular area being 25 feet in length measured along the abutting public right-of-way lines and the third side being a line connecting these two sides.

(n)

Landscaping of rights-of-way and other adjacent public open space areas. Public rights-of-way and other public open space areas adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required landscaped areas and greenbelts.

(o)

Maintenance. The owner of property required to be landscaped by this section shall maintain such landscaping in a reasonably healthy condition, free from weeds, refuse and debris. All unhealthy and dead material shall be replaced within one year of damage or death or at the next appropriate planting period, whichever comes first. If a site is required to be irrigated, all landscaped areas, including parking lot islands, shall be irrigated by means of a properly maintained and operated underground sprinkler system with automatic timing controls.

(p)

Fencing and screening. Unless otherwise specified or determined by the planning commission, zoning administrator or zoning board of appeals, fencing and screening is to be six feet in height. Gateposts and other superstructures over site entrances and exits may be up to 12 feet in height. Fencing and screening materials of a height greater than three feet are not to be located with a required front yard setback or side setback adjacent to a street.

(1)

Mechanical equipment. This subsection does not apply to single-family residential uses or any use in an industrial district, except if it abuts a residential district or use. When located outside of a building, support equipment, including air conditioning and heating devices and water and gas meters, but not including plumbing or exhaust vents or chimneys, are to be screened to the height of the particular piece of equipment, as follows:

a.

Roof-mounted equipment. Roof-mounted equipment shall be screened by architectural features from the view of abutting streets and parcels.

b.

Equipment at grade. When located on the ground adjacent to a building, mechanical equipment is to be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties.

(2)

Outdoor storage. Outdoor storage shall be screened on all sides by a solid wall or fence.

(3)

Trash receptacles. All trash collection sites utilizing dumpsters and/or four or more trash containers shall be enclosed with a six-foot-high reinforced solid decorative masonry wall with enclosed solid wood access gates with latch. Access gates constructed of chainlink fencing are not permitted. Developments located within the commercial districts which have off-street parking lots containing 250 or more parking spaces shall provide trash receptacles, of a design approved by the planning commission, at evenly dispersed locations throughout the parking area at a ratio of one receptacle per each 50 spaces for use by patrons. All trash enclosures and trash receptacles shall be kept in good repair and maintained in a clean and orderly manner.

(4)

Materials. Materials for fencing and screening may consist of the following: solid board fences with posts not less than four inches by four inches and solid board cover not less than one inch (nominal) thick. Masonry piers may be substituted for wood posts. Posts or piers shall be spaced not more than eight feet on center. The finished side of the wood shall face abutting properties. Stockade type fencing is not permitted.

FIGURE 1. PARKING LOT LANDSCAPED STRIP, OPTION (a)

Minimum 15-foot-wide landscaped strip—planted with a minimum of one shade tree and ten shrubs per 35 linear feet of street frontage.

FIGURE 2. LANDSCAPED STRIP, OPTION (b)

Earth berm planted with a minimum of one shade tree and five shrubs per 35 linear feet.

FIGURE 3. LANDSCAPED STRIP, OPTION (c)

Plant landscaped strip along street frontage with a minimum of one shade tree and five shrubs per 35 linear feet.

FIGURE 4. PARKING LOT LANDSCAPED STRIP, OPTION (d)

Plant landscaped strip along street frontage with a minimum of one shade tree per 35 linear feet.

FIGURE 5. PARKING LOT LANDSCAPED STRIP, OPTION (e)

FIGURE 6. PARKING LOT PERIMETER

(Ord. No. 132, art. 1, 8-16-2001)

(a)

No element or part of any on-site sewage disposal system, including but not limited to septic field and tank, shall be placed within 20 feet of the edge of a planned road right-of-way as shown on the township thoroughfare plan, or within 20 feet of any side or rear lot line.

(b)

Permits for installation of on-site sewage disposal systems shall be obtained from the county or state health department, as applicable.

(c)

In cases where a township placement requirement differs from that of the state or county, the greater setback or more stringent requirement shall apply.

(d)

Lawful existing nonconforming lots of record which, due to inadequate width, depth, and/or area, cannot meet one or more of the setback standards in this section may instead comply with minimum county health department standards for side and rear setbacks. In all cases, however, the 20-foot front yard setback from the edge of the planned right-of-way shall be maintained.

(Comp. Ords. 1988, § 15.495)

Editor's note— Ord. No. 146, adopted Jan. 21, 2008, repealed § 30-447, which pertained to state-licensed residential facilities.

Editor's note— Ord. No. 146, adopted Jan. 21, 2008, repealed § 30-448, which pertained to day care homes. The user's attention is directed to §§ 30-557 and 30-565.

(a)

Statement of purpose. The purpose of this section is to provide an optional mechanism for development of single-family residences, where permitted, which assists in meeting the following goals: Maintain the character of the area, maintain an image of open space, permanently preserve open space and natural resources, protect a portion of lands for agriculture and farming, and achieve a balance between farming, open space and residential growth. Specifically, the township recognizes:

(1)

That the preservation of wetlands, woodlands, open space and agricultural land in the township is necessary to the conservation of local, state, and national economic resources and is necessary, not only to the maintenance of the economy of the state, but also for the assurance of desirable living conditions for present and future residents of the township;

(2)

That the discouragement of unnecessary conversion of open space and agricultural land to urban uses is a matter of public interest and will be of benefit to the township residents overall in that it will discourage noncontiguous urban development patterns, which unnecessarily increase the costs of services to community residents;

(3)

That development under the open space preservation development option provisions of this section is a primary goal of the township. Development under the provisions of this option is intended to provide the preferred alternative to lot splitting or conventional subdivision or site condominium development in many areas of the township;

(4)

That single-family residential developments approved through this development method shall:

a.

Maintain the township's open space and rural or semi-rural settings;

b.

Allow greater flexibility and encourage a more creative approach to residential development;

c.

Preserve the township's natural resources, including woodlands, wetlands, floodplains, prime agricultural land, and similar natural assets;

d.

Create a more desirable living environment through the preservation and conservation of the natural character of open fields, stands of trees, wetlands, brooks and streams, farmland and other similar assets;

e.

Provide open space that directly benefits the residents of the development and the township; and

f.

Protect the rural character of the district, retain rural vistas by requiring optimum setbacks of residential development from rural highways and improve traffic safety by prohibiting direct access from individual home sites to such highways.

(b)

Eligibility under the Township Zoning Act (MCL 125.271 et seq.). To utilize this development option, a site without public sewer service shall be located within a zoning district that has a one-half acre (21,280 sq. ft.) or larger minimum lot size or a site with public sewer service shall be located within a zoning district that has a one-third acre (14,420 sq. ft.) or larger minimum lot size. The open space preservation development (residential clustering) option shall be a principal use permitted in the AG, RE, RS, RM, and CR districts.

(c)

Method of land division. Home sites may be developed under this option as a subdivision, a site condominium, or land division.

(d)

Open space retained. To the greatest extent possible, all the natural features of the property such as large trees, natural groves, wetlands, floodplains, watercourses, natural drains and stream channels and similar assets that will add attractiveness and value to the property and will promote the health and welfare of the community shall be preserved. Retained open space and other protected resource areas shall be reasonably contiguous (not fragmented).

(1)

Primary conservation areas. This category consists of:

a.

Wetlands, lands that are generally inundated (under ponds, lakes, creeks, etc.), land within the 100-year floodplain, slopes exceeding 25 percent, and soils subject to slumping. These sensitive lands are deducted from the total parcel acreage to produce the "adjusted tract acreage," on which density shall be based (for both conventional and conservation subdivisions). (These areas are deducted because as a rule they would not be buildable lands under traditional development.)

b.

Land that would be required for street rights-of-way (a minimum 10% of the net tract area) and land under permanent easement prohibiting future development (county drain easements, existing and planned public road ROWs, utility easements, etc.) shall also be deducted.

(2)

Secondary conservation areas. In addition to the primary conservation areas, at least 50 percent of the remaining land shall be designated and permanently protected. Full density credit shall be allowed for land in this category that would otherwise be buildable under local, state, and federal regulations, so that their development potential is not reduced by this designation. Such density credit may be applied to other unconstrained parts of the site. This category typically includes all or part of the following kinds of resources: mature woodlands, significant wildlife habitat areas, prime farmland, historic, archaeological, scenic views into the site from public roads. At least 25 percent of the total of the minimum required secondary conservation areas may be suitable for active recreation purposes, but no more than 50 percent shall be utilized for that purpose, in order to preserve a reasonable proportion of natural areas on the site. The purposes for which open space areas are proposed shall be documented by the applicant.

(3)

Lots. Protected areas shall be outside the boundaries of the proposed lots.

(e)

Method of preservation. The areas in open space, recreation, agriculture, or commons shall be perpetually protected from development. The open space shall be preserved using one or a combination of the following methods, subject to the review and approval of the township attorney and the township planning commission:

(1)

Home owners association (HOA). Title to the open space lands and other protected resource areas may be held by a homeowner's association with required participation of all residents within the development. If an HOA is to hold title, a recognized independent conservation organization shall be granted a conservation easement covering all land areas to be protected.

(2)

Protective covenants. The covenants of the subdivision may include the preservation of lands within them. The exact locations of the open space and other protected resource areas shall be defined within this document. These covenants shall also state the types of uses that would be allowed in such open spaces and other protected areas. Covenants may be used with a home owners association but a recognized independent conservation organization shall be granted a conservation easement covering all land areas to be protected.

(3)

Condominium association. All elements that are reserved for open space and other protected resource areas shall be preserved as common elements as shown on the site plan, except those areas that may be dedicated to a unit of government. Any alteration to the open space and other protected areas under common element status shall require the submittal of a new site plan and approval by the appropriate bodies. If a condominium association is to hold title to any open space and/or other protected areas, a recognized independent conservation organization shall be granted a conservation easement covering all land areas to be protected.

(4)

Fee simple dedication to a unit of government. The open space lands are dedicated to a unit of government (township, village, city, school district, county, state, or federal, etc.). This dedication may have provisions within it that state that in no way shall the unit of government be obligated to any cost due to the acquisition, and that the municipality has ample access to all areas of the open space for adequate maintenance purposes should they ever be needed. There shall also be deed restrictions preventing the unit of government from selling the property or using it for development purposes. If dedication to the township or another governmental body is to be used, a recognized independent conservation organization shall be granted a conservation easement covering all land areas to be protected.

(5)

Conservation easements. The easement over the open space lands and other protected resource areas shall be held by a legal owner/holder, such as a conservation agency, and that owner shall have the right to enforce any aspect of the easement. The easement shall state the uses that are allowed within the open space areas and other protected resource areas and which uses are disallowed. The agreement shall be as specific as possible as to what is allowed and where it is allowed to take place. If the easement is granted to any party other than a recognized independent conservation organization, the easement shall be co-signed by a recognized independent conservation organization to ensure a checks and balance system. Whichever organization holds the legal rights to the easement, they shall visit the site a minimum of once per year to inspect and record any violations that may be occurring within the open space areas and other protected resource areas and create and file a report of what is observed.

(6)

Public trust. The open space lands and other protected resource areas may be dedicated to a public trust. This shall include the accompaniment of money with it to provide funds for the trust to conduct annual surveys on the land to turn into state agencies which may require these reports. The two entities shall enter into an agreement which states that the trust, whose only purpose is to protect open lands and other protected resource areas, shall protect these spaces within the development.

(7)

Conveyance of any unused development rights. Any unused development rights of the subject property may be conveyed to a unit of government or a conservation agency while allowing present and future owners of the open space lands to continue to maintain farming activities or open lands for their own use but permanently giving up the right to ever develop it.

(f)

Density limit (yield plan). The number of dwellings permitted to be constructed shall not exceed the number that would be permitted under conventional zoning regulations as determined by gross parcel area less primary conservation areas as defined in the paragraphs under subsection (d)(1), divided by the minimum lot area set forth in the schedule of regulations for the district involved. The permitted density may be modified if a density bonus is approved by the planning commission.

(g)

Density bonus.

(1)

Generally. To encourage developers to utilize this development option where a large amount of open space is permanently preserved instead of conventional forms of land division where little or no usable open space remains, the planning commission may permit the number of dwelling units to be increased by up to 30 percent depending upon the physical characteristics of the site and upon a determination by the commission that the plan is well designed and that proposed development complies in all respects with the intent and purpose of this section, provided all other requirements of this section are met. Proceeds from the sale of bonus lots are to be used to provide a conservation endowment (50%) and to provide an incentive (50%) to the developer. Spending from this conservation endowment fund shall be restricted to interest from such fund and shall be used to offset continuing open space monitoring and maintenance costs.

(2)

Public access. To encourage appropriate and desirable lands to be set aside for public access to a portion of the site, a bonus of one additional potential lot may be granted to the developer in exchange for a written and recorded easement to a unit of government for each five (acres of public access land provided. (Note: Land for connecting public paths or trails and adjoining buffer areas are one type of public access that may be desired. Public access to or along water bodies may be desired. Historic, archaeological, or cultural features, rare or unusual plants, or habitats are examples of other potential candidate resources for public access.) Fifty percent of the proceeds from the sale of the bonus lots shall be set aside for a public access endowment. The interest from the endowment shall be used to cover the additional public liability insurance requirements and cover other protection, maintenance, and inspection costs.

(h)

Minimum lot size. The conventional minimum lot area and width requirements set forth in the schedule of regulations shall not apply. The minimum lot area and width shall be large enough for anticipated rural or very low density suburban household activities and shall also be determined by land area and distances required to comply with yard and setback requirements and county health department on-site sewage disposal and well requirements (including isolation distances and sufficient land area for replacement septic fields).

(i)

Frontage on internal road. All lots shall front only upon a road which is internal to the development. No lots may be created which front upon existing public roads.

(j)

Road standards. All internal public roads shall be designed and constructed to meet all requirements of the county road commission (SCCRC) and as may be set forth in the township subdivision regulations or the township site condominium requirements. All internal public roads shall be dedicated to the SCCRC, be accepted, and be incorporated into the SCCRC road system. All internal private roads shall be designed and constructed to meet all requirements of section 30-444.

(k)

Clustered homesites.

(1)

General evaluation criteria.

a.

Protects and preserves all floodplains, wetlands, and steep slopes.

b.

Preserves and maintains mature woodlands, existing fields, pastures, meadows, orchards, and creates sufficient buffer areas.

c.

If development must be located on open fields or pastures because of greater constraints in all other parts of the site, dwellings should be sited on the least prime agricultural soils, or in locations at the far edge of a field, as seen from existing public roads.

d.

Maintains or creates an upland buffer of natural native species vegetation adjacent to wetlands and surface waters.

e.

Designs around existing tree lines and hedgerows between fields or meadows, and minimizes impacts on large woodlands (greater than five acres).

f.

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares.

g.

Avoids siting new construction on prominent hilltops or ridges, by taking advantage of lower topographic features.

h.

Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern.

i.

Designs around and preserves sites of historic, archaeological, or cultural value, their environs, and their related features (e.g. stones walls, earth-works, and burial grounds.

j.

Protects rural roadside character.

k.

Landscapes common areas (such as community greens), cul-de-sac islands, and both sides of new streets with native specie shade trees and flowering shrubs with high wildlife conservation value.

l.

Provides active recreational areas in suitable locations that offer convenient access by residents and adequate screening from nearby house lots.

m.

Includes a safe internal pedestrian circulation system, ideally connected to community pedestrian/bicycle system. The system must be integrated with open space, recreation, preservation areas, and provide convenient access from home sites.

n.

Provides open space that is reasonably contiguous. (Design and Management Handbook for Preservation Areas, by the Natural Land Trust is a good reference resource.)

(2)

Specific criteria.

a.

Location of house sites. House sites should generally be located not closer than 100 feet from primary conservation areas, but may be situated within 50 feet of secondary conservation areas to provide buffering distances and afford enjoyable views. The building "footprint" of proposed residences may be changed in any direction by less than 50 feet without approval. Changes involving 50 feet or more may be changed with approval from the planning commission.

b.

Street and lot layout. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on both the primary and secondary conservation areas. To the greatest extent practicable, wetland crossings and streets traversing existing slopes over 15 percent shall be strongly discouraged. Street connections shall generally be encouraged to minimize the number of new culs-de-sac to be maintained by the county and to facilitate easy access throughout the development. Single-loaded residential access streets may maximize the number of homes with enjoyment of open space views, but may require more land to be disturbed.

c.

Lot lines. These are generally drawn midway between adjacent house locations. Lots may be irregularly shaped, including L-shaped "flag-lots".

(l)

Setbacks. Dwellings shall be located in compliance with all yard and setback requirements of the district in which they are located. Dwelling units and structures shall be set back a minimum of 50 feet from any perimeter lot line of the parent parcel, except that they shall be set back at least 250 feet from any existing public road right-of-way which borders the perimeter of the project site. Dwelling unit clusters shall be spaced an appropriate distance apart from another cluster, as determined by the planning commission, compatible with the surrounding community character and to discourage a suburban subdivision appearance.

(m)

Landscaping. To maintain the rural or very low density suburban character of the district, the frontage along the perimeter public road shall be heavily landscaped to screen clustered home sites from view of the public to the greatest extent feasible. Scenic vistas from the perimeter public road shall be maintained (and perhaps enhanced) to the greatest extent feasible. A landscape plan for such areas shall be reviewed and approved by the planning commission. Existing natural screens, or new screens may be used. The planning commission may require the installation of a landscaped berm where necessary to meet the intent of this section.

(n)

Sewage disposal and water supply. Use of on-site wells and septic systems are anticipated in the township. However, community septic systems or package treatment plants and community wells in lieu of individual wells and septic fields may be permitted if approved by the county and/or state health department. Public water and sewage disposal systems shall not be extended to serve projects developed under this section if the site lies beyond an urban services area boundary, as may be set forth within the master plan, except in such instances where such utilities already are located at the perimeter of the site. Portions of the open space may be used, if approved by the planning commission and the county health department for individual or community wells, for underground drainage fields for individual or community septic systems and for "spray fields" for spray irrigation purposes in a "land treatment" sewage disposal system. However, "mound" systems protruding above grade and aerated sewage treatment ponds shall be limited to no more than ten percent of the required minimum open space.

(o)

Pedestrian linkages to open space. To the greatest extent feasible, the open spaces should be located and interwoven with the dwelling unit clusters so as to be easily accessible to residents of the development, except in cases where the open space to be preserved is not intended for the use of the residents (as in the case of active farming or protection of endangered species). Linking pedestrian trails shall be provided within the open space.

(p)

Site plan. Approval under this section requires that a site plan meeting the requirements of section 30-38 be reviewed and approved by the planning commission. In addition to a site plan, the planning commission may require the submittal of additional documents as specified or called for herein.

(q)

Site condominium, subdivision approval, or land division. A project approved under this section shall also comply with all requirements of the township, county, and state for a site condominium, subdivision, or land division as may be applicable, and shall follow all such steps and procedures for approval required therein. If clustering under land division is intended, documentation of the potential number of new parcels out of the parent parcel must be submitted. Notwithstanding other provisions of this section, if developed under the land division method, the number of parcels or lots to be created shall not exceed the maximum number permitted under the state Land Division Act (MCL 560.101 et seq.).

(r)

Application and approval process.

(1)

The applicant shall prepare and present the following exhibits to the planning commission for review and approval. The planning commission shall submit the applicant's exhibits to the township planner for a recommendation. as may be necessary or advisable, a recommendation from the township engineer may also be sought during the preliminary approval process.

a.

Applicant prepares and presents a "yield plan" for review and approval of the planning commission. The "yield plan" shall identify all primary conservation areas as defined in the paragraphs under subsection (d)(1), and shall accurately demonstrate the maximum number of lots or parcels which could be created if the property was developed conventionally.

b.

Applicant submits conceptual preliminary plan with all basic existing and proposed land features and structures shown separately. Aerial photos and simple transparencies may be used.

c.

Applicant submits conceptual landscape plan with all basic existing and proposed topography and vegetation features shown separately. Photos and simple transparencies may be used.

d.

A site walkabout may be scheduled for the applicant, planning commissioners, and the local government's staff and/or consultants.

(2)

Planning commission site plan review procedures (see section 30-38) are required in all eligible districts (AG, RE, RS, RM, and CR) for this principal permitted use. All required steps shall be scheduled with a determination of approval, approval with conditions, or disapproval to follow accordingly.

(3)

Any legal instruments (easements, covenants, etc.) pertinent to the effectuating of the proposed open space preservation development must be reviewed and approved by the township attorney. Any approved easements, covenants, or other legal instruments which run with the land are to be recorded with the county register of deeds. No zoning compliance permit or building permit shall be issued until this has been accomplished.

Example

Parcel Size: 40 acres (A site like this with various natural limitations can be made more buildable under this development option.)

Normal Zoning—Agricultural District: 2.5 acre minimum lot size

Calculation of allowable number of lots:

40 acres = gross area

Less 15 percent for internal roadways (6.0 acres).

Less one acres for planned county road ROW (parcel legal description running to the center of the road).

Less 1.5 acres for a county drain easement.

Less 6.5 acres of regulated wetland, also 100-year floodplain, adjacent to county drain (a primary conservation area).

40 - 6.0 acres - 1.0 acres - 1.5 acres - 6.5 acres = 25 acres [adjusted tract acreage]

25 net acres/2.5 acre minimum lot size = 10.0.

Therefore, 10 lots allowed [result of lot "yield plan"].

Adjusted tract acreage eligible for development minus 50% preservation = Net amount of land to be developed.

12.5 acres = net developable area

less 10% for roadway (reduced need)

12.5 × 0.90 = 11.25 net acres

Area per buildable home site:

11.25 net acres/10 allowable units.

Typical home site = 1.125 acre.*

Potential Bonus Lots (Section 30-449(g)(1) Density Bonus).

Allowable units × (maximum 30% bonus) = Potential Bonus Lots

10 × 0.30 = + 3.0 (fractions 1.5 and over rounded up)

Potential Total: 10 + 3 = 13 Lots*

Potential Bonus Lots (Section 30-449(g)(2) Public Access Bonus)

5 Acres Public Access = 1 Additional Bonus Lots

Potential Total 10 + 3 + 1 = 14 lots*

12.5 net acres/14 allowable units

Typical home site = 0.89 acre*

*  Note: Actual typical home site size may vary due to on-site conditions affecting well and septic placement as well as health department requirements. See subsection (n) for potential well and/or septic field placement option.

(Ord. No. 134, art. 5, 12-16-2002; Ord. No. 146, 1-21-2008)

(a)

General. In order to promote safe and reasonable access between public roadways and adjacent land; improve the convenience and ease of movement of travelers on public roads; and permit reasonable speeds and economy of travel while maintaining the capacity of the roadway, the location and design of access points shall be in accordance with the following access management regulations. These regulations shall apply to all existing, planned, or proposed roadways within the Township of China. New or proposed roadways within the township not identified on the adopted thoroughfare plan shall interconnect with the existing roadway network in a uniform and efficient manner. Table 1 provides the typical spacing of the various types of roadways within the township. Not all types of roadways may exist in the township at any given point in time.

Table 1. Typical Roadway Spacing

(b)

Access classification of roadways. The planning commission shall assign to each roadway, or portion thereof, within the township an access classification based on a consideration of existing and projected traffic volumes, adopted local transportation plans and needs, the existing and/or projected character of lands adjoining the roadway, adopted local land use plans and zoning, and the availability of reasonable access to those lands. These access classifications are defined as follows:

(1)

Access Class I. Access Class I roadways are capable of providing medium to high speeds and traffic volumes over medium to long distances. Direct access to abutting land is subordinate to providing service to through traffic.

a.

Private direct access to a Class I roadway shall be permitted only when the property in question has no other reasonable access to the public roadway network.

b.

The design and location of allowable private access points must comply with all applicable subsections of this section.

c.

All private direct access points to Class I roadways shall be designated as "temporary" and all requirements of subsection (k) (temporary access points) of this section shall apply.

d.

The following roadways are hereby designated as Access Class I roadways: None.

(2)

Access Class II. Access Class II roads are capable of providing moderate travel speeds and traffic volumes and generally provide the linkage between Access Class I and Access Class III roadways. There is a reasonable balance between access and mobility needs within this classification.

a.

Generally, only one private access point shall be provided to an individual parcel from an Access Class II roadway unless it can be shown that additional access points would not be detrimental to the safety and operation of the roadway and are necessary for the approved use of the property.

b.

The design and location of allowable access points must comply with all applicable subsections of this section.

c.

The following roadways are hereby designated as Access Class II roadways:

1.

All state highways not otherwise classified as Class I: None.

2.

All county primary roads: Fred W. Moore Highway, Marine City Highway, King Road, Wadhams Road, Indian Trail Road (from Marine City Hwy. to Wadhams Road), Meisner Road, except St. Clair Highway (from King Road to Bree Road).

(3)

Access Class III. Access Class III roads allow for low to medium travel speeds and traffic volumes and are linked to the roadway network through intersections with Access Class I or II roadways and other Access Class III roadways. Access needs take priority over through traffic movement without compromising the public health, welfare, and safety.

a.

The number of access points to a parcel is limited only by the requirements of subsections (d) (minimum corner clearance) and (e) (Minimum Sight Distance) of this section.

b.

All roadways or portions thereof as shown on the thoroughfare plan not previously designated as Access Class I or Access Class II roadways are hereby designated as Access Class III roadways.

(c)

Minimum spacing of driveways. In order to minimize the potential for accidents and delay to through vehicles, all adjacent driveways onto Class I and Class II roadways must be separated by the minimum distance measured from near edge to near edge of adjacent driveways as shown in Table 2 according to the posted speed limit on the roadway.

Table 2. Minimum Spacing of Adjacent Driveways

(Source: Adapted from Access Management for Streets and Highways , Report IP-82-3, Federal Highway Administration, Washington, D.C., June, 1982.)

Additionally, the spacing of adjacent driveways should be as uniform as possible between major intersections. Distances between adjacent one-way driveways with the inbound drive upstream from the outbound drive can be one-half the distances shown on Table 2, providing that other requirements are satisfied.

(d)

Minimum corner clearance of driveways from intersecting streets. The location of driveways adjacent to intersecting streets shall conform to the minimum corner clearances provided in Figure l.

Figure 1

Minimum Corner Clearance of Driveways from Intersecting Streets

Expand

a. Signalized Intersection Control
	MINIMUM CORNER CLEARANCE (ft.)
	ITEM	ACCESS CLASSIFICATION
		CLASS I	CLASS II	CLASS III
	A	230	175	50
	B	115	85	50
	C	230	175	50
	D	230	175	50
	E	75	0	0
b. Stop Sign Intersection Control
	MINIMUM CORNER CLEARANCE (ft.)
	ITEM	ACCESS CLASSIFICATION
		CLASS I	CLASS II	CLASS III
	F	115	75	50
	G	115	85	50
	H	85	85	50
	J	115	75	50
	K	75	0	0

 

(Source: Adapted from Stover, Adkins, and Goodknight, Guidelines for Medial and Marginal Access Control on Major Roadways , National Cooperative Highway Research Program Report 93, 1970.)

(e)

Minimum sight distances. All driveways and intersecting roadways shall be designed and located so that the minimum sight distances as shown in Figure 2 are provided:

Figure 2

Minimum Sight Distances for Driveways and Intersections

(Source: Traffic Management of Land Development course materials, The Traffic Institute of Northwestern University, Evanston, Illinois, January, 1987.)

(f)

Provisions for maintaining the capacity of the roadway. The planning commission may require that, upon completion of a development, all traffic requiring access to and from the development shall operate in such a manner as to not adversely affect the capacity of the roadway. Provisions for the present or future construction of a frontage road, restriction, or channelization of turning movements, or other improvements may be required, as a condition of approval, in order to maintain the capacity of any adjacent roadway.

(g)

Number of access points. Each tract of land existing at the time of adoption of the ordinance from which this section derives is entitled to one direct or indirect access point to the public roadway network, provided that its location and design fulfill, as a minimum, the requirements of subsections (d) (minimum corner clearance) and (e) (minimum sight distance) of this section. Where the roadway frontage of a tract of land is greater than 500 feet, an additional access point may be allowed if determined by the township engineer that the additional access point will not adversely affect the capacity of the roadway. Any additional access point must be in compliance with all applicable subsections of this Section.

(h)

Coordination of access points. Major access points on opposite sides of the Class I and II roadways shall be located opposite each other. If not so located, turning movement restrictions may be imposed as determined necessary by the planning commission. In addition, in order to maximize the efficient utilization of access points, access drives shall be designed, located, and constructed in a manner to provide and make possible the coordination of access with and between adjacent properties developed (present or future) for similar or compatible uses. As a condition of approval for construction, use, or reuse of any access point, the planning commission may require that unobstructed and unencumbered access, in accordance with the provisions of this section, be provided from any such access point to adjacent properties. Where a future interconnecting drive is required, the planning commission may require that the applicant for construction, use, or reuse place a sufficient amount of funds in escrow with the township for the future construction of their portion of the interconnecting drive.

(i)

Consolidation of existing access points. Whenever the use of a parcel of land changes, or two or more parcels of land are assembled under one purpose, plan, entity, or usage, the existing access approval shall become void and new access approval shall be based upon the owner/developer's plans to use some existing driveways and/or close or relocate other driveways. Any such new or reauthorized access point must be in compliance with all applicable subsections of this section.

(j)

Design of access points. The width, angle, grade, curb radii, and other design aspects of access points shall be in accordance with state highway agency regulations, county road commission regulations, and/or the subdivision regulations of the Charter Township of China, whichever is applicable. In the case of conflicting applicable standards, the more restrictive standard shall apply.

(k)

Temporary access points. Any access point that does not comply with one or more subsections of this section may be designated as "temporary" upon approval by the planning commission. In all cases where said access points are classified as "temporary," such designation shall be duly noted on the plot plan or site plan submitted for approval and also upon the deed of the property in question. When a property served by a temporary access point is provided an alternative means of access, such as a connection to a frontage road, an intersecting street, or a shared driveway, the planning commission may require that the temporary access be eliminated, altered, or limited to certain turning movements.

(l)

Spacing restrictions for signalized access points. Access points shall be designed such that those which will warrant signalization shall be spaced a minimum distance of one-quarter mile apart and one-quarter mile from the nearest signalized intersection. The location and design of the signalized access points shall be determined by a traffic engineering study prepared by a qualified traffic engineer at the developer's expense. This study shall be subject to the approval of the planning commission and shall account for at least the following variables:

(1)

Traffic signal phasing as determined by analysis of projected turning movements;

(2)

Traffic signal cycle length as determined by analysis of projected traffic volumes;

(3)

Type of signal to be installed (actuated or pretimed);

(4)

Relationship to adjacent signals (existing or proposed) for purposes of signal interconnection and coordination;

(5)

Roadway geometrics and sight distance considerations; and

(6)

Accident experience.

If the installation of a traffic signal is approved, the developer may be required to participate, in full or in part, in the cost of design, purchase, installation, operation and maintenance of the signal equipment.

(m)

Provision of exclusive turning lanes and deceleration/acceleration lanes. At those access points where vehicles turning to and from the roadway will affect the capacity of the roadway or create an unacceptable accident risk, the developer shall dedicate sufficient right-of-way and construct turning lanes or deceleration/acceleration lanes as necessary to maintain the capacity of the roadway and minimize the potential accident risk.

(n)

Provision of frontage roads. The planning commission may require the use of frontage roads to provide access to property adjacent to Access Class I or Class II roadways. The landowner/developer may be required to construct the frontage road to the side and/or rear property lines or reserve sufficient right-of-way to allow future construction. As adjacent property develops, landowner/developers shall be required to interconnect the individual portions of frontage roads as appropriate. Access to the roadway via an intersecting street or a shared driveway may be required if the use of a frontage road is not feasible.

(o)

Approval of access points along routes maintained or controlled by the county road commission or state highway agency. A copy of the plans for all access points to be constructed along a county or state-maintained or controlled route shall also be submitted to the county road commission or state highway agency (as applicable) for review and approval during the same time as plans are submitted to the planning commission. Permission for the construction of access points along county or state-maintained roadways is subject to the approval of plans by both the county or state agencies (as applicable) and the township planning commission.

(p)

Waiver of requirements. The planning commission may, at its discretion, reasonably waive or modify the requirements of this section, if it is determined that such action is warranted given the nature of the individual project.

(Ord. No. 154, art. 1, 10-17-2011)

When the accessory keeping of animals, referred to as hobby animals, is permitted, the following standards apply:

(1)

Site sizes referenced must be in contiguous acres.

(2)

Maximum number of hobby animals permitted:

a.

There is a minimum site size of five acres for the first two horses, non-dairy cattle, or equivalent equine or bovine livestock animal on a parcel and two acres per each additional horse or large livestock animal including foals.

b.

There is a minimum site size of five acres for ten small livestock animals, excluding poultry, on a parcel and two acres per each additional ten small livestock animals. Sites less than five acres are permitted less than ten small livestock animals.

c.

For poultry, there is a minimum site size of five acres for the first 30 poultry animals on a parcel and two acres per each additional 30 poultry animals. Sites less than five acres are permitted less than 30 poultry animals.

d.

For all animals, other hobby animals, please see the table below.

e.

Notwithstanding the below table, offspring of said hobby animals may be kept on the premises for the time period which is customary for the species involved.

(3)

Temporary animals kept for a bona fide youth club or class project are exempt from these provisions.

(4)

All hobby animals shall be kept within a fenced enclosure or other appropriate barrier sufficient to contain hobby animals on the premises.

(5)

An accessory structure shall be provided to house such animals and shall meet the requirements of section 30-424.

(6)

The operator is advised that to avoid potential nuisance suits, the raising of livestock and farm animals should be conducted and sited in accordance with the Michigan "generally accepted agricultural and management practices" (GAAMPS) under PA 261 of 1999. The township under this section is not incorporating the GAAMPS by reference in this section.

(Ord. No. 161 , § 1.6, 10-17-2016)

Farms, including dairy farms and the raising of domesticated animals (livestock or poultry), are permitted, provided that such operations comply with all appropriate provisions of the Michigan Right to Farm Act (PA 261 of 1999), including current GAAMPS.

(Ord. No. 161 , § 1.6, 10-17-2016)

Intent. An on-site use solar energy system (see section 30-3 for definition) is intended to first serve the needs of the private owner. Systems occupying less than one acre are considered small solar energy systems. Systems may be roof-top mounted or ground mounted. Small systems may be approved through the issuance of a zoning compliance permit and a building permit, provided that the application meets the requirements and standards of this section. Small solar energy systems may be permitted in all zoning districts.

(1)

General requirements.

a.

Number of systems. Only one solar energy system is permitted per lot or premises.

b.

Setbacks. All systems shall be set back at least 20 feet from all property lines.

c.

Glare. The applicant shall provide documentation that glare will be eliminated, insofar as possible. This may include manufacturer's specifications of the panels, proficient angling, adequate screening, or other means, as to not adversely affect neighboring properties.

d.

Screening. Mechanical equipment must be screened from street and neighboring residences by fencing or landscaping.

e.

Submitted plans. A sketch plan, drawn to scale, shall show existing and proposed structures, driveways, adjacent structures within 100 feet, and any other information requested by the zoning administrator that is necessary to determine compliance with this section.

f.

Exceptions. Complete, professionally-prepared site plans signed and sealed by the responsible parties shall not apply to applications proposing:

1.

Roof mounted solar panels.

2.

Ground mounted solar panels that do not exceed 8,000 square feet.

(2)

Roof mounted solar panels.

a.

Height. Panels may extend up to five feet above a flat roof surface and two feet for all other roof types.

b.

Restrictions. Panels shall not hang over the edge of the building or project below the eaves.

(3)

Ground mount solar panels.

a.

Site size. Shall not be installed on a parcel less than one acre.

b.

Location. Shall only be located in the rear or side yard.

c.

Area. The maximum ground area occupied by solar panels and associated paved surfaces is one acre.

d.

Impervious surfaces. If more than 2,000 square feet of impervious surface is proposed, a drainage plan shall be submitted.

e.

Height. The maximum ground-mounted panel height is ten feet, measured from the grade to the top of the panel.

f.

Screening. Panels shall be screened from residential districts and public rights of way by a greenbelt and/or six-foot high privacy fence.

(4)

Decommissioning. If the solar energy system ceases to operate or is abandoned for a period of 12 months or is deemed by the zoning administrator or building official to be unsafe or not consistent with code, the current landowner shall repair and restore the system to good working order within a reasonable time set by the zoning administrator or building official or, if no longer operating or no longer in compliance with federal, state or local codes, the current landowner shall remove the system in its entirety. This shall include removing posts, equipment, panels, foundations and other items so that the ground is restored to its preconstruction state and is ready for development as another land use.

(Ord. No. 164 , § 2, 2-19-2018)

Intent. An on-site use solar energy system (see section 30-3 for definition) is intended to first serve the needs of the on-site owner. A utility grid solar energy system (solar farm) is a solar energy system that is designed and built to provide electricity to the electric utility grid. Systems occupying more than one acre but less than five acres are considered medium solar energy systems. Medium systems shall require site plan approval by the planning commission. Medium systems for on-site use are permitted in the B-2, I-1, and I-2 districts. Medium systems intended for utility purposes are subject to special land use approval in the AG district.

(1)

General requirements.

a.

Setbacks. All systems shall be set back at least 100 feet from all property lines.

b.

Glare. The applicant shall provide documentation that glare will be eliminated, insofar as possible. This may include manufacture's specifications of the panels, proficient angling, adequate screening, or other means, as to not adversely affect neighboring properties.

c.

Screening. Mechanical equipment must be screened from street and neighboring residences by fencing or landscaping.

d.

Submitted plans. A site plan, drawn to scale and conforming to Section 19.06 [section 30-38], shall show existing and proposed structures, driveways, adjacent structures within 100 feet, and any other information requested by the planning commission that is necessary to determine compliance with this section.

e.

Performance bond. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 100 percent of the estimated cost, as determined by the township engineer, to ensure removal of the facility or structure in accordance with the decommissioning plan described in below. The form of the guarantee must be reviewed and approved by the township engineer and township attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the township engineer and township attorney shall be paid from an escrow established by the applicant. The guarantee is subject to annual review and recalculated adjustment to ensure an accurate removal cost.

(2)

Roof mounted solar panels.

a.

Height. Panels may extend up to five feet above a flat roof surface and two feet for all other roof types.

b.

Restrictions. Panels shall not hang over the edge of the building or project below the eaves.

(3)

Ground mounted solar panels.

a.

Site size. Shall not be installed on a parcel less than ten acres.

b.

Area. The maximum ground area occupied by solar panels and associated paved surfaces shall not exceed five acres.

c.

Impervious surface. If more than 2,000 square feet of impervious surface is proposed, a drainage plan shall be submitted.

d.

Height. The maximum ground-mounted panel height is ten feet, measured from the grade to the top of the panel.

e.

Screening. Panels shall be screened from residential districts and public rights-of-way by a greenbelt and/or six-foot high obscuring fence. Screening requirements may be waived or reduced by the planning commission when existing natural vegetation accomplishes the same.

(4)

Decommissioning. If the solar energy system ceases to operate or is abandoned for a period of 12 months or is deemed by the zoning administrator or building official to be unsafe or not consistent with code, the current landowner shall repair and restore the system to good working order within a reasonable time set by the zoning administrator or building official or, if no longer operating or no longer in compliance with federal, state or local codes, the current landowner shall remove the system in its entirety. This shall include removing posts, equipment, panels, foundations and other items so that the ground is restored to its preconstruction state and is ready for development as another land use.

(Ord. No. 164 , § 2, 2-19-2018)

Intent. A utility grid solar energy system (solar farm) is a solar energy system that is designed and built to provide electricity to the electric utility grid. These solar farms are intended to be so constructed and located to be compatible with other land uses such as farms and heavy industrial uses, while being distanced enough from residential uses to avoid becoming a nuisance. Large scale systems shall only be considered for utility purposes, and are permitted in the I-1 and I-2 district. Utility grid solar energy systems may be permitted as a special land use in the AG districts.

All large solar systems shall be subject to the following:

(1)

General requirements.

a.

Site Size. Shall not be installed on a parcel less than 20 acres.

b.

Setbacks. All systems shall be set back at least 50 feet from all property lines; all systems shall be set back at least 100 feet from any residential district.

c.

Glare. The applicant shall provide documentation that glare will be eliminated, insofar as possible. This may include manufacture's specifications of the panels, proficient angling, adequate screening, or other means, as to not adversely affect neighboring properties.

d.

Screening. Mechanical equipment must be screened from street and neighboring residences by fencing or landscaping.

e.

Submitted plans. A site plan, drawn to scale and conforming to section 30-38, shall show existing and proposed structures, driveways, adjacent structures within 100 feet, and any other information requested by the planning commission that is necessary to determine compliance with this section.

f.

Performance bond. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 100 percent of the estimated cost, as determined by the township engineer, to ensure removal of the facility or structure in accordance with the decommissioning plan described in below. The form of the guarantee must be reviewed and approved by the township engineer and township attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the township engineer and township attorney shall be paid from an escrow established by the applicant. The guarantee is subject to annual review and recalculated adjustment to ensure an accurate removal cost.

g.

Area. The maximum ground area occupied by solar panels and associated paved surfaces shall be determined by the planning commission based on the circumstances of each particular large solar system application.

h.

Impervious surface. If more than 2,000 square feet of impervious surface is proposed, a drainage plan prepared by a registered civil engineer is required.

i.

Height. The maximum ground-mounted panel height is ten feet, measured from the grade to the top of the panel.

j.

Screening from residential districts. Panels shall be screened from residential districts and public rights-of-way by a greenbelt and/or a six-foot high obscuring fence, and/or by a landscaped greenbelt and berm, as determined by the planning commission. Screening requirements may be waived or reduced by the planning commission when existing natural vegetation accomplishes the same. The minimum berm required shall be four feet eight inches high, with a two-foot wide crown and one on three side slopes. The minimum landscaping requirement shall be two staggered rows of evergreen trees, chosen from the list in section 30-429(2), not less than five feet tall at the time of planting, placed on each of the side slopes of the berm, with a 15-foot spacing between trees in each row. The planning commission may require supplemental planting of small evergreen and/or deciduous shrubs along the crown of the berm. Planting requirements may be reduced up to 50 percent by the planning commission, but not eliminated, only when existing natural vegetation accomplishes a substantial portion of the screening requirement. Berms shall include diagonal channels at grade or cross berm culverts, where necessary to maintain drainage patterns in the area.

(2)

Decommissioning. If the solar energy system ceases to operate or is abandoned for a period of 12 months or is deemed by the zoning administrator or building official to be unsafe or not consistent with code, the current landowner shall repair and restore the system to good working order within a reasonable time set by the zoning administrator or building official or, if no longer operating or no longer in compliance with federal, state or local codes, the current landowner shall remove the system in its entirety. This shall include removing posts, equipment, panels, foundations and other items so that the ground is restored to its preconstruction state and is ready for development as another land use.

(Ord. No. 164 , § 2, 2-19-2018)

The planned unit development provisions in this division are intended to:

(1)

Allow flexibility of design on relatively large scale parcels, which would not ordinarily be possible under conventional zoning regulations;

(2)

Achieve economies of design relating to vehicular and pedestrian circulation, utility extensions, dwelling unit siting, etc.;

(3)

Encourage the preservation of desirable natural features, including woodlots, streams, floodplains, and major open spaces; and

(4)

Allow a mix of land uses based on an approved comprehensive plan on a single site, including a variety of housing types and compatible commercial facilities and both open space and indoor recreational uses.

(Comp. Ords. 1988, § 15.486(1))

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

Agreement means an agreement, prepared by the landowner and reviewed by the township attorney and approved by the township board, which specifically details the development plans of the PUD, the covenants and restrictions proposed for the PUD, the staging of development and the improvements to be placed in the development.

Common open space means a parcel of land or an area of water, or a combination of land and water, within the site designated for a planned unit development, and designed and intended for the use and enjoyment of residents of the planned unit development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefits and enjoyment of residents of the planned unit development.

Developer is considered synonymous with "landowner" for the purposes of this division.

Homeowners' association means an association to which all residents are required to belong as a condition of the deed, and set up with its own rules for self-government and assessment of dues for purposes related to maintenance of open space and provision of other necessary internal services.

Landowner means the legal or beneficial owner of all the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years, or other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purposes of this chapter. (Also see Developer .)

Plan refers to any or all of the three possible plan stages of a planned unit residential development, including proposal for PUD designation, tentative development plan and final development plan, which are defined as follows:

(1)

Proposal for PUD designation means the proposal of a landowner for the designation of an area for planned unit residential development.

(2)

Tentative development plan refers to any plan submitted for approval to the township board subsequent to or together with the submission of a proposal for a planned unit development and prior to submission of a final development plan for approval.

(3)

Final development plan means that plan for development of a planned unit development or divisible geographic section thereof, approved subsequent to the approval of the proposal for PUD designation and the tentative development plan by the township board under the provisions of this chapter.

Planned unit development and PUD mean an area of land, controlled by a landowner, to be developed as a single entity, containing a minimum of 80 acres, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one residential district of this chapter.

Single ownership means the proprietary interest of a single individual, partnership, or corporation, or other legally recognized entity in the state.

Tentative preliminary plat means a map showing the salient features of a proposed subdivision of land submitted to the planning commission for the purposes of preliminary consideration in accordance with chapter 12.

(Comp. Ords. 1988, § 15.486(2))

Cross reference— Definitions generally, § 1-2.

(a)

The provisions of this division shall apply only to a tract of land of 80 or more acres located in the RS suburban residential district or the RM multiple-family residential district, which tract is under single ownership, and for which an application for a planned unit development is made as provided in this division.

(b)

Notwithstanding the provisions of subsection (a) of this section, an application for a planned unit development on a tract of land of less than 80 acres may be filed, but no tentative approval of such an application shall be granted by the township board unless the township board shall find upon a showing by the landowner that the minimum area required in subsection (a) of this section should be waived because a planned unit development is in the public interest, and that one or more of the following conditions exist:

(1)

Because of unusual physical features of the property itself or of the neighborhood in which it is located, a substantial deviation from the regulations otherwise applicable is necessary or appropriate in order to conserve a physical or topographic feature of importance to the township;

(2)

The property has an historical character of importance to the community that will be protected by employing the planned unit development provision; or

(3)

The property is adjacent to or across a street from property which has been developed or redeveloped as a planned unit development and a planned unit development will contribute to the maintenance of the amenities and values of the neighboring property.

(Comp. Ords. 1988, § 15.486(3))

A plan that is consistent with the statement of intent for planned unit development and the following general standards shall be deemed to have qualified for consideration as a planned unit residential development. A plan shall be consistent with the following general standards for the use of land, the use, type, bulk, design and location of buildings, the density of use, common open space and public facilities requirements, and development of geographic divisions of the site:

(1)

Municipal sewers and water mains required. The planned unit development provision may be employed only when municipal sanitary sewers and water mains are provided to all appropriate segments of the proposed development.

(2)

Housing types and density. The plan may provide for a variety of permanent housing types, including single-family homes, apartments, townhouses, condominiums, etc., but not including mobile homes.

a.

A parcel of land must contain a minimum of 80 acres and be located in an RS suburban residential district or RM multiple-family residential district to be eligible to employ the planned unit development provision.

b.

The maximum density allowed shall be determined based on the following average land areas per type and size of dwelling unit:

Plans presented showing one-, two- or three-bedroom units which include a den, library, or other extra room shall count such extra room as a bedroom for the purpose of computing density. The area used for computing density shall be the total site area exclusive of any proposed or existing dedicated public right-of-way of either interior or bounding roads.

c.

The overall unit type mix may include a maximum of 50 percent multiple-family units when located in the RS suburban residential district.

d.

Consistent with the purpose of providing design flexibility in a planned unit development, the size, width and area of lots, and the height, placement and coverage of buildings, may be varied from what would ordinarily be required under section 30-391, subject to approval of this development plan under the terms of this division, provided that adequate provision shall be made for light, air, access, fire protection, safety, sanitation and open space.

e.

Minimum floor areas per dwelling unit shall conform to section 30-391.

f.

Spacing between multiple-family dwellings to be included as a part of the planned unit development shall conform to the development requirements of section 30-391.

g.

Parking spaces and areas shall be provided in accordance with sections 30-425, 30-426 and 30-427.

(3)

Subdivisions. All subdivisions developed as a part of a PUD shall be designed in accordance with the standards provided in this division and as specified in chapter 12.

(4)

Common open space. Each planned unit development shall provide a minimum of 12 percent of the gross project area as common open space, which space shall be readily accessible and available to occupants of those dwelling units for whose use the open space is intended. All common open spaces shall be of a size, configuration, function and in a location satisfactory to the planning commission. Development phases shall be so designed as to provide a proportional amount of open space in each phase.

(5)

Nonresidential uses. Both public and private nonresidential uses, of an educational or recreational nature, including golf courses, tennis clubs, swim clubs, riding trails, and necessary appurtenant facilities and structures, designated as an integral part of the overall development plan, may occupy appropriate portions of the site. The area occupied by such uses may be employed, at the discretion of the planning commission and the township board, to satisfy up to 25 percent of the gross common open space requirement.

(6)

Recreational areas. Common open spaces and open spaces employed as public and/or private recreational areas shall be maintained as such by deed restrictions, conveyances, dedications, or other such means as may be recommended by the township attorney.

(7)

Homeowners' association. The developer shall establish a homeowners' association to which all residents of the PUD must belong and shall relinquish control of the common open space to the homeowners when 80 percent of the homes included in the homeowners' association are sold to the general public, or within three years of the commencement of construction, whichever occurs first.

(8)

Commercial uses.

a.

Commercial uses generally permitted in the B-1 local business district, together with such other uses deemed consistent by the planning commission with the overall development plan, may occupy up to five percent of the gross site area.

b.

Planned commercial sites are to be located at an intersection of two major thoroughfares or a major thoroughfare and a collector street.

c.

The approval of commercial sites depends on the market potential of the area. Therefore, it is the burden of the landowner to submit sufficient evidence to justify the need for commercial development within a proposed PUD.

(9)

Minimum percentage of construction of single-family dwellings. A minimum of 25 percent of the total number of single-family units in a PUD must be constructed and ready for sale prior to the construction of any commercial portion of the project, except that site grading, roadway construction, and trunk utility installation relating to commercial portions may be concurrent with single-family development, and open space uses, either public or private, may be constructed and operated concurrent with single-family development. Single-family and multiple-family dwelling units may be constructed concurrently provided a minimum of one single-family dwelling unit is constructed for each four multiple-family dwelling units constructed. The number of multiple-family dwelling units constructed shall not exceed 50 percent of the total number of dwelling units constructed at the end of any individual phase or succession of phases.

(10)

Building height. The height of particular buildings shall not be a basis for denial or approval of a plan, provided any structures in excess of 25 feet shall be designed and sited to be consistent with the reasonable enjoyment of neighboring property and the efficiency of existing public services.

(11)

Location and arrangement of structures. The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent structures or to existing or prospective development of the neighborhood.

(12)

Architectural style of buildings. The architectural style of buildings shall not be a basis for denying approval of a plan unless the development is in an area previously designated by the township board as a historical area.

(13)

Covenants and easements. The plan shall contain such proposed covenants, easements and other provisions relating to the bulk, location and density of such residential units, nonresidential uses and public facilities and provisions for the ownership and maintenance of the common open space as are necessary for the welfare of the planned unit development and are consistent with the best interests of the entire township. Such covenants, easements and other provisions, which are a part of the plan as finally approved, shall inure to the benefit of the township for all purposes.

(14)

Phased development. The township board, upon recommendation of the planning commission, may approve phased development of the planned unit development, and in such case specify reasonable periods for the development of each phase. Deviations from the number of dwelling units per acre established for the entire planned unit development may be permitted within certain development phases as long as the number of dwelling units per acre authorized for the entire development is not affected. The time span for completion of the entire development and commencement date for each section thereof may be modified from time to time by the township board upon the showing of good cause by the landowner, provided that in no case shall extension of time exceed 12 months. The landowner shall make such easements, covenants and other arrangements and shall furnish such performance bonds as may be required to ensure performance in accordance with the plan and to protect the public interest in the event of abandonment of the plan before completion.

(15)

Platting. All portions of the PUD, including one-family lots, multiple-family projects, commercial areas, and public and private open spaces, shall be platted in conformance with the requirements of the state land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), or recorded in conformance with the Condominium Act, section 73 of Public Act No. 59 of 1978 (MCL 559.173), and with chapter 12 and section 30-442.

(Comp. Ords. 1988, § 15.486(4))

The township board and planning commission may formulate administrative regulations regarding general procedures and form of applications under this division as may be desirable, provided that they are consistent with the provisions in sections 30-476 and 30-477. Fees for the review of a proposal for PUD designation, tentative development plan, or final development plan shall be in accordance with the schedule of fees adopted by resolution of the township board and amended from time to time.

(Comp. Ords. 1988, § 15.486(5))

(a)

Step I, proposal for planned unit development designation. A proposal for PUD designation of an area shall be reviewed by the planning commission, presented at a public hearing called by the township board, and acted upon by the township board, and shall be processed in accordance with the following procedures:

(1)

The developer submits 15 copies of the proposal for PUD designation, and pays fees to the township clerk, and the clerk places the proposal for PUD designation on the planning commission agenda.

(2)

The planning commission accepts the proposal and refers it to the appropriate reviewing agents (planner, engineer).

(3)

Reviewing agents analyze the proposal and submit recommendations to the planning commission.

(4)

The planning commission reviews the proposal and, at the direction of the township board, establishes a public hearing date. The planning commission shall establish the public hearing date within 60 days following the receipt of the developer's proposal for PUD designation from the township clerk. One notice of such public hearing shall be published in a newspaper which circulates in the township, and sent first class by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet. The notice shall be given not less than 15 days before the date of the hearing. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. The notice shall:

a.

Describe the nature of the proposal for PUD designation.

b.

Indicate the property which is the subject of the proposal for PUD designation.

c.

State when and where the proposal for PUD designation will be considered.

d.

Indicate when and where written comments concerning the proposal for PUD designation will be accepted.

(5)

The township board holds a public hearing.

(6)

Following the public hearing, the planning commission evaluates the proposal for PUD designation and prepares its recommendation to the township board. In making its recommendations to the township board, the planning commission shall evaluate the proposal to determine its conformance with the statement of intent for planned unit development (section 30-471) and with the standards and provisions of sections 30-473 and 30-474. The proposal shall also conform to the exhibit requirements as provided in 30-477(a). A proposal which meets all of these criteria shall be approved by the planning commission.

(7)

The planning commission forwards a summary of comments received at the public hearing and the planning commission's recommendations to the township board.

(8)

The township board reviews the report of the public hearing and the planning commission recommendations and, within 30 days following receipt of the developer's proposal for PUD designation from the planning commission, either approves, approves with modifications, or rejects the proposal for PUD designation. The township supervisor and clerk sign three copies of the proposal, send one to the township planning commission, and retain one for the township clerk's files. In acting on the proposal the township board shall also evaluate the proposal in relation to the standards and criteria stated in subsection (a)(6) of this section. A proposal which meets all criteria and standards set forth in this chapter shall be approved.

(9)

Following approval of the proposal for PUD designation by the township board, the PUD status of the property shall be identified on the zoning ordinance map. Such identification shall not constitute a change of zoning, but shall simply illustrate the township's approved development policy in respect to the property.

(10)

Following approval of the proposal for PUD designation, the developer proceeds to step II, tentative development plan.

The developer has the option to submit a tentative development plan in conjunction with the proposal for PUD designation.

(b)

Step II, tentative development plan. The tentative development plan is reviewed by both the planning commission and township board, is presented at a public hearing called by the planning commission, and is acted upon by the township board, and shall be processed in accordance with the following procedures:

(1)

The developer submits 15 copies of the tentative development plan, and pays fees to the township clerk, and the clerk places the tentative development plan on the planning commission agenda.

(2)

The planning commission accepts the plan and refers it to appropriate reviewing agents, including the engineer, planner, and attorney.

(3)

The agents review the plan and submit recommendations to the planning commission.

(4)

The planning commission reviews the tentative development plan and other agents' recommendations and, at the direction of the township board, establishes a public hearing date. The planning commission shall establish the public hearing date within 60 days following receipt of the developer's tentative development plan from the township clerk. Notice of such public hearing shall be given in accordance with the notification procedures outlined in subsection (a)(4) of this section.

(5)

The township board holds a public hearing.

(6)

The planning commission submits a report of the public hearing and the commission's recommendations to the township board. In making its recommendations to the township board, the planning commission shall evaluate the tentative development plan to determine if it is in conformance with the intent, standards and criteria for planned unit development as set forth in this division and the exhibit requirements set forth in section 30-477(b). A proposal which meets all of the criteria in this section shall be approved by the planning commission.

(7)

The township board reviews the report of the public hearing and the planning commission recommendations and, within 30 days following receipt of the developer's tentative development plan from the planning commission, either approves, or approves with modifications, the tentative development plan. The township supervisor and clerk shall sign three copies of the proposal, give one to the developer, send one to the township planning commission, and retain one for township clerk's files. In acting on the tentative development plan, the township board shall also evaluate the proposal in relation to the standards and criteria stated in subsection (b)(6) of this section.

(8)

Following approval of the tentative development plan, the township board authorizes the developer to prepare the PUD agreement.

(9)

The developer prepares the PUD agreement, which is reviewed by the township attorney, planner and engineer.

(10)

The township board and developer review the PUD agreement and the supervisor, clerk, and developer sign a minimum of three copies. Following signing of the PUD agreement and distribution of one copy each to the developer, township clerk, and planning commission files, the developer proceeds to step III, final development plan. A final development plan for some portion of the PUD must be submitted within 24 months following approval of the tentative development plan. If no final development plan is accepted for platting or review within that period, the approvals of the proposal for PUD designation and the tentative development plan are automatically rescinded and traditional zoning will be applied; however, the township board upon written application by the landowner for cause shown may extend the designation for successive two-year periods, except that no more than two such 24-month extensions may be granted.

(c)

Step III, final development plan.

(1)

The final development plan of all or a portion of the total PUD is reviewed by the planning commission and acted upon by the township board to ensure substantial compliance with the tentative development plan. The final development plan must be prepared as follows:

a.

Subdivision as defined by the land division act: The final development plan must be prepared in the form of a preliminary plat in detail sufficient to be granted tentative preliminary plat approval in conformance with the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), chapter 12, and the conditions established in the tentative development plan and PUD agreement.

b.

Condominium subdivision plan as defined by the Condominium Act: The final development plan must be prepared in the form of a condominium subdivision plan pursuant to the requirements of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), in detail sufficient to be granted approval in conformance with section 30-442 and the conditions established in the tentative development plan and PUD agreement.

(2)

The final development plan shall not:

a.

Vary the proposed gross residential density or intensity of use in any portion of the PUD by more than ten percent;

b.

Involve a reduction of the area set aside for common space;

c.

Increase by more than ten percent the floor area proposed for nonresidential use; or

d.

Increase by more than five percent the total ground area covered by buildings.

(3)

The final development plan shall be processed in accordance with the following procedures:

a.

The developer submits 15 copies of the final development plan, and pays fees to the township clerk, and the clerk places the final development plan on the planning commission agenda.

b.

The planning commission accepts the plan and refers it to the appropriate reviewing agents (engineer, planner, attorney).

c.

The agents review the plan and submit recommendations to the planning commission.

d.

The planning commission reviews the final development plan and recommendations, ensures conformance with the approved tentative development plan and PUD agreement and within 30 days following receipt of the developer's final development plan from the township clerk approves the final development plan, or, if the final development plan deviates from the tentative development plan by more than the limits prescribed in this section, requires modifications to ensure conformance.

e.

Following approval of a final development plan by the planning commission, the planning commission chairperson signs a minimum of seven copies and distributes one copy to the developer and five copies to the township clerk, and retains one for the planning commission files, and the developer proceeds to steps IV-A and IV-B. The planning commission shall withhold final approval of required site plans for multiple-family and commercial sites until the required percentage of single-family homes have been constructed (see step IV-B).

(d)

Step IV-A, approval by township board. Following approval of a final development plan by the planning commission, the developer begins processing the plat through the township board in conformance with the state land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.) and chapter 12, or the condominium subdivision plan through the township board in conformance with the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), and section 30-442. Construction of the initial phase of the PUD shall be completed within two years following final preliminary plat or condominium subdivision plan approval by the township board. This limit may be extended for a reasonable period to be determined by the township board, upon written application by the landowner for cause shown. If, however, this time limit is not met and an extension is not granted, the PUD Agreement is automatically rescinded.

(e)

Step IV-B, site plan approval. The planning commission, following the construction of the required percentage of single-family homes, may now grant site plan approval previously withheld in step III.

(Comp. Ords. 1988, § 15.486(5)(a); Ord. No. 146, 1-21-2008)

(a)

Step I, proposal for planned unit development designation. The following minimum information must be provided by the developer at the time of filing of a proposal for PUD designation:

(1)

Statement of purpose and objectives, including:

a.

Discussion of the rationale for employing the PUD procedure rather than developing the project conventionally.

b.

Description of existing site characteristics.

c.

Description of proposed character of the development.

d.

Discussion of proposed means of serving the development with sewer and water.

(2)

Generalized development plan and program, including:

a.

Overall vicinity map at a minimum scale of one inch equals 2,000 feet showing the relationship of the PUD to its surroundings, including section lines, parcel boundaries, major roads, collector streets, etc.

b.

Generalized graphic depiction at a minimum scale of one inch equals 200 feet of the following:

1.

Major access roads serving the site, including right-of-way widths, and existing and proposed surfacing.

2.

Existing utility lines, including sanitary sewers, storm sewers, water mains, and gas and electric service.

3.

Existing adjacent land uses and structures.

4.

Proposed collector road pattern.

5.

Areas to be developed for various uses.

6.

Developed open spaces.

7.

Areas to be preserved in a natural state.

(3)

Development program, including:

a.

Total project area.

b.

Total project density.

c.

Areas and densities of various residential types.

d.

Areas of land uses proposed for commercial sites.

e.

Area and percent of developed and undeveloped open spaces.

f.

Minimum single-family lot area and minimum dimensions.

g.

Proposed project phasing boundaries.

h.

Estimated timing schedule by phase to completion.

The developer may submit any other data or graphics which will serve to further illustrate the proposed PUD.

(b)

Step II, tentative development plan. The following minimum information must be provided by the developer at the time of filing of a tentative development plan:

(1)

A physical development plan prepared at a minimum scale of one inch equals 100 feet. The plan shall include the following:

a.

Existing site features.

1.

An overall area map at a scale of not less than one inch equals 2,000 feet showing the relationship of the PUD to its surroundings such as section lines and/or major streets or collector streets.

2.

Boundaries of the proposed PUD, section or corporation lines within or adjacent to the tract, and overall property dimensions.

3.

Property lines of adjacent tracts of subdivided and unsubdivided land shown in relation to the PUD site, including those of areas across abutting roads.

4.

Location, widths, and names of existing or prior platted streets and private streets and public easements within or adjacent to the PUD site, including those located across roads.

5.

Location of existing sewers, water mains, storm drains and other underground facilities within or adjacent to the PUD site.

6.

Topography drawn as contours with a two-foot contour interval. Topography shall be based on a USGS datum and be extended a minimum distance of 200 feet outside the PUD boundaries.

b.

Proposed site features.

1.

Layout of streets indicating proposed street names, right-of-way widths, and connections with adjoining platted streets, and the widths and location of alleys, easements and public walkways.

2.

Layout, numbers and dimensions of single-family lots, including building setback lines, showing dimensions.

3.

Layout of proposed multiple-family projects, including setbacks, buildings, drives, parking spaces, walkway systems, and landscaping.

4.

Layout and indication of uses to be included in proposed commercial projects, including setbacks, buildings, drives, parking spaces, pedestrian ways, landscaping, and percent of lot coverage.

5.

Location and definition of function of both developed and undeveloped open spaces. Layout of facilities shall be included on developed open spaces.

6.

Depiction of major wooded areas and a description of the means to be employed to preserve them.

7.

An indication of ownership and existing and proposed use of any parcels identified as "excepted." If the developer has an interest or owns any parcel so identified as excepted, the tentative development plan shall indicate how this property could be developed in accordance with the requirements of the existing zoning district in which it is located and with an acceptable relationship to the layout of the proposed PUD.

8.

An indication of the system proposed for sewage by a method approved by the township board and the township engineer.

9.

An indication of the system proposed for water supply by a method approved by the township board and the township engineer.

10.

An indication of storm drainage proposed by a method approved by the township, the township engineer, or the county road commission. If involving county drains, the proposed drainage shall be acceptable to the county drain commissioner. Storm drainage must be provided to an approved outlet.

11.

Conceptual site grading plan and conceptual landscaping plan, including pedestrian circulation system.

12.

Depiction of proposed development phases.

13.

Tabulation showing:

i.

Total site acreage and acreage and percent of total project in various uses, including developed and undeveloped open spaces.

ii.

Total site density and density of single-family and multiple-family areas and percent of ground area covered by buildings.

iii.

Number of bedrooms, per unit, by area and phase.

iv.

Acreage and percent of project in commercial areas, total number of square feet of building areas proposed for each building, building group, or use, and percent of ground area covered by buildings.

v.

Acreage and numbers of single-family lots and multiple-family units to be included in development phases.

14.

Architectural renderings of typical structures and landscape improvements, in detail sufficient to depict the basic architectural intent of the improvements.

15.

An architectural model of the total area within the PUD, at a scale sufficient to show both horizontal and vertical site relationships, including roads, single-family lots, multiple-family units, commercial and recreational structures, drives and parking areas developed and undeveloped open spaces, pedestrian circulation pattern, etc. The completed model shall be presented at the public hearing and prominently displayed in the PUD sales office. The requirement for an architectural model may be waived by the planning commission upon application by the developer when, in the opinion of the planning commission, the nature of the PUD can be adequately portrayed through the other required exhibits.

(2)

Supporting materials including:

a.

Legal description of the total site.

b.

A statement of the developer's interest in the land proposed for development.

c.

A statement regarding the manner in which open space is to be maintained.

d.

A statement regarding the developer's intentions regarding sale and/or lease of all or portions of the PUD, including land areas, units and commercial facilities.

e.

A statement of covenants, grants of easements (including easements for public utilities), and other restrictions to be imposed upon the uses of the land and structures.

f.

A statement of required modifications (variances) to the regulations which are otherwise applicable to the site.

g.

A schedule indicating the time within which applications for final approval of each phase of the PUD are intended to be filed.

(c)

Step III, final development plan. The following minimum information must be provided by the developer at the time of filing of a final development plan on all or a portion (phase) of a PUD:

(1)

Final development plan.

a.

Preliminary plat of the phase proposed for development prepared in conformance with the state land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), and chapter 12; and a condominium subdivision plan, if applicable, prepared in conformance with the Condominium Act, Public Act No. 59 of 1978 (MCL 559.101 et seq.), and section 30-442.

b.

A detailed grading plan.

c.

A detailed landscaping plan.

d.

A detailed utilities layout.

e.

Tabulations showing:

1.

Total phase acreage and percent of total PUD.

2.

Acreage and percent or portion of the phase and the total PUD occupied by single-family uses, multiple-family uses, commercial uses, and developed and undeveloped open space.

3.

Total phase density and percent of the total PUD.

4.

Number of bedrooms per unit by type.

5.

Percent of ground area covered by buildings.

(2)

Site plan. Detailed site plan (one inch equals 100 feet minimum scale) for each multiple-family, commercial, and developed open space area included in the preliminary plat of the phase proposed for development.

(3)

Supporting materials.

a.

Legal description of the total phase, each use area, and dedicated open space.

b.

Copies of covenants, easements, and other restrictions to be imposed.

c.

Proposed dates of construction start and completion of phase.

(Comp. Ords. 1988, § 15.486(5)(b))