The formulation and enactment of this Zoning Ordinance is based upon the division of the Township into zoning districts, each of which includes permitted uses which are mutually compatible. In addition to such permitted uses in districts, however, it is recognized that there are certain specific or unique uses which may be necessary or desirable to allow in definable locations in certain districts, but which, on account of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location for the protection of the permitted uses in a district. Such uses, on account of their peculiar locational need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as an unrestricted permitted use.

(Ord. of 11-12-1987, § 13.01)

The Township Planning Commission shall have the authority to grant special use permits, subject to such conditions of design and operations, safeguards and time limitations as it may determine for all special uses conditionally allowed in the various district provisions of this Ordinance.

(Ord. of 11-12-1987, § 13.02)

Application for any special use permit allowed under the provisions of this Ordinance shall be made to the Township Clerk by filling in the official special use permit application form, submitting required data, exhibits and information, and depositing the necessary fee in accordance with the Township schedule of fees with the Township Clerk. No fee shall be required of any governmental body or agency.

(Ord. of 11-12-1987, § 13.03)

An application for special use permit shall contain:

A.

The applicant's name and address in full;

B.

A signed, notarized statement that the applicant is the owner involved or is acting on the owner's behalf. If the applicant is not the owner, the owner must also sign indicating the owner agrees to the application and to be bound by the terms of the special use permit, if granted;

C.

The address of the property involved;

D.

An accurate survey or drawing of said property showing the existing and proposed location of all buildings and structures thereon, and types thereof, and their uses; and

E.

A statement and supporting data, exhibits, information and evidence regarding the required findings set forth in this Ordinance.

(Ord. of 11-12-1987, § 13.04; Amd. No. 80, § 14, 5-11-2017)

The Township Planning Commission, after its review and determination that the application is complete, will give notice of the request for a special land use permit in accordance with MCL 125.3502 and schedule a public hearing with notice in accordance with said statute.

(Ord. of 11-12-1987, § 13.05; Amd. No. 1, 8-11-1988; Amd. No. 74, § 1, 3-14-2013)

The Planning Commission shall review the particular circumstances and facts of each proposed special use in terms of the following standards and required findings, and shall find and record adequate data, information and evidence showing that such a special use on the proposed site, lot, or parcel:

A.

Will be harmonious with and in accordance with the general objectives, intent and purposes of this Ordinance.

B.

Will be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.

C.

Will be served adequately by essential public facilities and services such as highways, roads, police and fire protection, drainage structures, and refuse disposal, or that the persons or agencies responsible for the establishment of the proposed special use shall be able to provide adequately any such service.

D.

Will not be hazardous or disturbing to existing or future neighboring uses.

E.

Will not create excessive additional requirements at public cost for public facilities, utilities and services.

(Ord. of 11-12-1987, § 13.06)

If a site plan is disapproved, the applicant is required to wait one year before resubmittal of the same or similar site plan for review and approval consideration by the Planning Commission on the same or approximately the same parcel of land. Site plan review will follow the provisions established in Article XX, "Site Plan Review Procedures." This Section shall not be applicable to mobile home parks. Mobile home parks will be subject to a preliminary plan review in accordance with MCL 125.2311

(Ord. of 11-12-1987, § 13.07; Amd. No. 1, 8-11-1988; Amd. No. 80, § 15, 5-11-2017)

State Law reference— Site plan, MCL 125.3501.

In addition to and as an integral part of development, the following provisions shall apply to junkyards:

A.

Junkyards shall be established and maintained in accordance with all applicable statutes of the State of Michigan, and are only permitted in the LI District, provided that such junkyards meet the following conditions:

1.

Minimum site of 20 acres.

2.

Maintain a landscaped greenbelt for the entire length of road frontage and a distance along side lot lines necessary to screen the junk in a junkyard from the traveling public and along the entire common property lines with residential properties and along side lot lines across which junk in junkyards is visible from any residential structure in the surrounding area.

3.

The protective screening and greenbelt designed to screen the junk in junkyards from the traveling public and adjacent and nearby homes shall be at least 20 feet wide and no junk shall exceed the height of the screening.

4.

The protective screening and greenbelt shall preserve any existing natural tree and shrub vegetation in the planting strip, and, if sufficient to meet the requirements of Subsection A.6 of this Section, shall not be required to meet those requirements the planting strip lacks.

5.

The protective screening and greenbelt plantings shall be comprised of 50 percent deciduous trees and shrubs and 50 percent evergreens interspersed and planted in spacing so as to provide a visually impenetrable planting screen between the traveling public on public roads adjacent and nearby homes. The plants shall be chosen from the following:

(a)

All trees and shrubs both deciduous and evergreen recommended for planting in Michigan by the American Nursery and Landscape Association.

(b)

Evergreen trees and shrubs shall be chosen from, but not limited to, the following:

(1)

Trees: spruce, pines, cedars and firs;

(2)

Shrubs: juniper, yew and cedars.

(c)

Deciduous trees and shrubs shall be chosen from, but not limited to, the following:

(1)

Trees: crabapple, thornapple, dogwood, birch, and fruit;

(2)

Shrubs: honeysuckle, viburnum, mockorange, forsythia, and lilac.

6.

Evergreen trees shall be spaced no more than ten feet apart with at least three evergreen shrubs located on the road or home site of the planting strip and spaced no more than three feet apart.

7.

The trees and shrubs planted shall be of sufficient height and size so as to establish a permanent planting screen at least 6½ feet in height within two years from the date of planting.

8.

All of the trees and shrubs shall be maintained in a continuous healthy and growing state and, if any trees die or fail to grow, they shall be replaced as soon as practicable during the next growing season during which plant materials become available.

9.

In lieu of a planting strip, an earth berm at least 6½ feet in height, stabilized with a combination of ground cover, trees and shrubs to prevent its being lowered by erosion, or a combination of a berm and plantings which meet the requirements of Subsection A.7 of this Section and result in a permanent screen at least 6½ feet in height.

10.

In lieu of a planting strip, a solid screen fence or wall, approved by the Township Planning Commission, at least 6½ feet in height and constructed to meet the standards which will ensure its permanency as to remaining in its original alignment and appearance.

11.

No required protective screening and greenbelt shall be located in the required front, side or rear yard setback.

12.

The requirements of this Section shall be presented on a site plan prepared by a competent professional or landscape contractor. The site plan shall be submitted to the Township Planning Commission for its approval.

13.

Access to public roads:

(a)

Access to a junkyard shall be only by a curb out cut approved by the County Road Commission.

(b)

All driveways providing access to a junkyard and located between the protective screening and greenbelt and traveled lanes of the public road upon which the junkyard fronts shall be paved with a hard surface constructed of either asphaltic or Portland cement concrete.

(c)

The requirements of this Subsection A.13 shall be presented on a site plan prepared by a competent professional engineer or pavement contractor.

14.

No fence, wall, hedge, screen, sign, berm, structure, vegetation or planting shall obstruct the view of any motor vehicle operator where a public road and the driveway(s) providing access to junkyards within the triangular areas formed by the intersecting road right-of-way lines, and each edge of each driveway which are located 30 feet from their points of intersection as measured along the road right-of-way line and along each edge of the driveway.

(Ord. of 11-12-1987, § 13.08; Amd. No. 80, § 16, 5-11-2017)

Note— Junkyards near highways, MCL 252.201 et seq.; licensing of secondhand and junk dealers, MCL 445.401 et seq., 445.471 et seq.

A.

Intent. The MHP Mobile Home Parks District is established to provide for the harmonious use of mobile home dwellings in a concentrated area to meet the housing needs of the residents. The development of the mobile home park is governed by the provisions of this Ordinance, and also by the requirements of Public Act No. 96 of 1987 (MCL 125.2301 et seq.), and by the Mobile Home Commission rules promulgated pursuant to Act 96. The mobile home park also shall comply with the Michigan Department of Environmental Quality and Michigan Mobile Home Commission rules for Mobile Home Parks and Seasonal Mobile Home Parks. Compliance with State or Federal requirements does not waive the preliminary plan review and site development requirements enacted by Cohoctah Township, which are contained in Subsections A through E of this Section.

B.

Permitted Principal Uses. Permitted principle uses in the MHP Mobile Home Parks District are as follows:

1.

Mobile home park.

2.

Seasonal mobile home park.

C.

Permitted Accessory Uses. Permitted accessory uses in the MHP Mobile Home Parks District are as follows:

1.

Buildings, structures, and uses customarily accessory to any of the permitted principal uses.

D.

Special Land Uses. Special land uses in the MHP Mobile Home Parks District are as follows:

1.

Publicly owned buildings.

E.

General Requirements for MHP Uses. Mobile home parks and seasonal mobile home parks are subject to the following provisions:

1.

Permits. It shall be unlawful for any person or corporation to construct, alter, or expand any mobile home park unless preliminary plans are approved and a land use permit is issued by Cohoctah Township. Building permits issued by the County Building Official shall be required for all structures in the park that are not mobile homes. Building permits shall be required also for utility installations, which include plumbing and electricity service inside the park. Approvals are also required from the Director of the Michigan Department of Environmental Quality and the Director of the Michigan Department of Labor and Economic Growth. Township land use permits and County building permits shall not supersede any requirements of the Mobile Home Commission.

F.

Preliminary Plan. The developer of a mobile home park shall provide the Cohoctah Township Planning Commission with one copy of the mobile home park preliminary plan prepared pursuant to Section 11 of Public Act No. 96 of 1987 (MCL 125.2311). Copies of the preliminary plan may be submitted simultaneously to the County Health Department, County Drain Commission and County Road Commission. The preliminary plan shall contain the following information:

1.

Area and dimensions of the tract of land at a scale of at least one inch equals 100 feet. A north arrow also shall be included;

2.

A location map indicating the relationship of the site to surrounding land uses including the respective zoning of the abutting properties whether separated by roadways or not;

3.

Number, location, and size of mobile home sites and common open space;

4.

Location and capacity of the mobile home park severe weather shelter, if any;

5.

Location and width of roadways, walkways, and parking areas;

6.

Location of water supply system, wastewater treatment facility, and stormwater retention, if applicable; and

7.

Location and usage of permanent service buildings.

G.

Site Standards.

1.

Mobile home parks shall not be permitted on parcels less than 15 acres in size.

2.

Mobile home parks, like other developments that generate large volumes of traffic, shall have vehicular access to a public thoroughfare or shall be connected to a public thoroughfare by a permanent easement that shall be recorded in the office of the Livingston County Register of Deeds.

3.

An individual mobile home site shall have a minimum area of 5,500 square feet. The minimum size may be reduced by up to 20 percent, provided that the site shall be at least 4,400 square feet. For each square foot of land gained through the reduction, an amount of land equal to the total area reduction shall be dedicated as open space. In no case shall the open space requirements be less than that required under R 125.1946, of the Michigan Administrative Code.

4.

All roads, streets, and parking areas within the mobile home park shall be in compliance with the Mobile Home Commission Rules, specifically R 125.1920 through and including R 125.1929.

H.

Public Notice. The Planning Commission, upon receipt of a properly prepared preliminary plan for a mobile home park, shall advertise a notice of a public hearing in a newspaper with general circulation in the Township, not more than 30 days nor less than 20 days prior to such hearing, and send notice to property owners within one-half mile of the proposed development. If the request is to rezone property for a mobile home park, the rezoning review and public hearing notice are pursuant to the requirements of the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

I.

Review Period. The Planning Commission shall have 60 days from receipt of the preliminary plan from the developer to approve, modify, or disapprove the plan. If the Planning Commission fails to return the plan to the developer within the 60-day period, the plan shall be considered approved.

J.

Plan Approval. If the plan is approved by the Planning Commission, the Commission shall instruct the Zoning Administrator to issue a land use permit. The land use permit indicates that the proposed mobile home park complies with Township land use planning policies and zoning regulations. Approvals from the County Health Department, County Drain Commission, and County Road Commission are not to be presumed.

K.

Plan Disapproval and Tentative Approval. If the Planning Commission disapproves or grants tentative approval for the preliminary plan, a land use permit will not be issued unless all plan deficiencies are remedied or any approval conditions are met to the satisfaction of the Planning Commission.

L.

Soil Erosion Permit. Before commencing any site construction work for the mobile home park, the developer shall apply for and receive a soil erosion and sedimentation control permit from the County Drain Commissioner. The permit may be obtained either before or after the Michigan Department of Labor and Economic Growth issues a plan approval and permit to construct for a mobile home park. However, the soil erosion control permit shall be applied for only after a Township land use permit is issued.

M.

Building Codes. All structures and utilities to be erected, constructed, altered, or repaired in a mobile home park shall comply with all applicable codes of the Township, the State of Michigan, the U.S. Department of Housing and Urban Development and the Mobile Home Commission, including building, electrical, plumbing, liquefied petroleum gases and similar codes, and shall require permits issued therefor by the appropriate offices. However, a mobile home built prior to June 15, 1976, shall have been constructed to the State of Michigan Standards in effect at that time.

N.

Certificate of Occupancy. Before any mobile home can be occupied in the mobile home park, the unit shall be inspected and receive a certificate of occupancy from the County Building Official.

O.

Improvements and Additions. A County building permit shall be required before the construction or erection of any attached, fully enclosed, screened or glassed-in porch. A building permit shall be required for any "expandoroom" additions to the principal unit. A building permit shall be required for any detached structure, such as a garage or carport that exceeds 100 square feet in size. A County building permit shall not be required for the construction or erection of porches, canopies, or awnings that are attached to the principal unit and open on three sides.

P.

On-Site Storage. The onsite storage of boat trailers, boats, camping trailers, horse trailers and similar recreational equipment shall be prohibited on mobile home sites and in designated open space areas. The mobile home park may provide, within the confines of the park, a common outdoor storage area for the storage of the above-mentioned equipment. Said storage area shall be covered with gravel, asphalt, or similar substances, and shall be screened from view with plant material or manmade screening devices. Common laundry drying areas, trash collection stations, surface-mounted transformers, and similar equipment and facilities shall also be screened from view by plant material and/or manmade screens.

Q.

Travel Trailers. Travel trailers or recreational vehicles shall not be occupied as permanent living quarters in a mobile home park.

R.

Off-Site Impacts. The ownership and/or management of the mobile home park shall notify the Cohoctah Township Board prior to commencing on any mobile home park projects and changes—such as but not limited to site grading and topographic changes, interior road construction, stormwater retention ponds and wastewater treatment facilities—that directly may affect neighboring Township properties. The Township Board shall be notified of any off-site changes.

S.

Additions and Alterations. Project changes that are additions and alterations to the approved master park plans and specifications under which the park was originally constructed, are subject to the Alteration and Modification Rule R 325.3384 of the Michigan Department of Environmental Quality Standards.

T.

Performance Bond. A performance bond for an amount as established by the Township Board shall be posted with the Township Clerk prior to any construction.

(Ord. of 11-12-1987, § 13.09; Amd. No. 1, 8-11-1988)

State Law reference— Mobile Home Commission Act, MCL 125.2301 et seq.

From and after the effective date of this Ordinance, it shall be unlawful for any person to move a mobile home, travel trailer, motor home or recreational vehicle onto any lot, parcel or tract of land in the Township for any purpose, except as provided and permitted in this Section, or as specifically permitted elsewhere in this Ordinance.

A.

Mobile homes, travel trailers, motor homes, and recreational vehicles shall be permitted when located on a farm having 40 acres or more for the occupancy of farm workers. The farm owner or lessee shall first make written application to the Planning Commission, who shall issue the permit for one or more mobile home, travel trailer, motor home or recreational vehicle units if they meet the following conditions:

1.

The location of each unit is not to be less than 100 feet from any public highway and/or boundary of adjoining property.

2.

An adequate pure water supply and sanitary facility is conveniently nearby and available to meet all public health and safety requirements of the occupants of each mobile home, travel trailer, motor home or recreational vehicle.

B.

Mobile homes, travel trailers, motor homes or recreation vehicles shall be permitted for construction purposes when located on a construction site approved by the Planning Commission. The applicant must furnish all pertinent data, including description of land to be used, number of mobile home, travel trailer, motor home or recreational vehicle units involved, and the expected length of construction time. The Zoning Administrator must verify that:

1.

The location of units meet or exceed the setback requirements for the district where the property is located, and

2.

Fresh water supply and sanitary facilities meet the requirements of the Livingston County Health Department.

A "Temporary Permit" shall be issued covering the period of the specific construction job, not to exceed one year; subject to an extension approved by the Planning Commission for good cause which shall not exceed one year.

C.

For parking or storage of mobile homes in RD, WRD, AR, RR, SR, and S Zoning Districts refer to Section 16.27.

D.

For temporary occupancy of visitor-owned mobile homes and recreational vehicles refer to Section 16.31.

E.

For use of mobile homes as an accessory use for reasons of health and infirmity, referred to in Section 6.05.B.2.(a)—(d).

F.

Prior to the issuance of a temporary permit under Section 13.10.B the applicant shall deposit a financial guaranty with the Township in accordance with Section 16.22B.

(Ord. of 11-12-1987, § 13.10; Amd. No. 5, § 3, 12-13-1990; Amd. No. 50, § 3, 9-14-2006)

The use of any mobile home, travel trailer, motor home or recreational vehicle legally placed on a lot, parcel or tract of land in the Township prior to the effective date of this Ordinance, which use is not prohibited by this Ordinance, shall be a valid nonconforming use that may be continued, subject to the provisions pertaining to nonconforming uses contained in Article XV.

(Ord. of 11-12-1987, § 13.11)

The following provisions shall apply to temporary transient amusement enterprises in addition to all applicable regulations in the district in which they are to be located:

A.

All temporary transient amusement uses shall be located on sites large enough so as not to occupy or cover more than 50 percent of the area of a lot or parcel upon which they are located.

B.

All fenced-in areas shall be set back at least 100 feet from any front road or property line.

C.

Side and rear yards shall be at least 100 feet in depth from all adjacent lots or parcels.

D.

All traffic ingress or egress shall be on public roads and all local traffic movements shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements onto or off from public roads. All points of entrance or exit for motor vehicles shall be located no closer than 200 feet from the intersection of any two roads or highways.

E.

Temporary transient amusement uses are not permitted in any RR, SR, S, or LRR District.

(Ord. of 11-12-1987, § 13.12; Amd. No. 80, § 17, 5-11-2017)

All gasoline service stations or filling stations shall conform to the following regulations in addition to all applicable regulations in effect in the district in which they are to be located:

A.

Frontage and Area. Every gasoline service station shall have a minimum frontage of 200 feet and a minimum area of 30,000 square feet.

B.

Setbacks. Every structure, including gasoline pumps and other equipment, erected or installed for use as a gasoline service station shall have a minimum setback from the road right-of-way as required by the regulations in the zone in which they are to be located, and a minimum setback from all property lines of 50 feet.

C.

Construction Standards. All vehicle service areas shall be constructed to conform to the following standards:

1.

Suitable separation shall be made between the pedestrian sidewalk and vehicular parking or moving area with the use of appropriate bumper, wheel guards or traffic islands.

2.

The entire area used for vehicle service shall be paved with a hard surface, except for such unpaved area as is landscaped and protected from vehicle use by a low barrier.

3.

Hydraulic hoist, lubricating, greasing, washing, and repair equipment shall be entirely within a building. Tire and battery service and minor automobile repair, excluding automobile body repair and painting, are permitted if conducted entirely within a building.

4.

The minimum width of all driveways at the public sidewalk crossing or road line shall be at least 24 feet but not more than 40 feet.

5.

Minimum angle of driveway intersection with the roadway from the curb line to lot line shall be no less than 60 degrees.

6.

The minimum distance of any driveway from any property line shall be at least 20 feet.

7.

The minimum distance between roadway curb cuts shall be no less than 40 feet.

D.

Lighting. All lighting shall be installed as specified in Section 16.24 of this Zoning Ordinance.

E.

Permitted Districts. Gasoline service stations are only permitted in NSC Districts.

(Ord. of 11-12-1987, § 13.13; Amd. No. 64, § 3, 2-11-2010)

Sanitary landfills shall:

A.

Only be located in the RD and AR Districts;

B.

Be so located only if planned to be located in the County in accordance with the County Plan prepared in conformance with Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.) on solid waste management; and

C.

Have direct access only from an impervious hard surface paved all-weather year round road as defined by the County Road Commission.

(Ord. of 11-12-1987, § 13.14; Amd. No. 1, 8-11-1988)

This Section is intended to regulate the use of land for the mining of minerals, primarily sand and gravel. The extraction of oil and gas is not regulated by this Section. This Section is necessary because mining and excavation activities may have a significant effect on the property where the activity is proposed as well as the surrounding area and the Township as a whole. If regulated and operated properly, the community can lessen the damaging effects that can be associated with changes to the topography as well as the loss of natural resources that result from mining and excavation activities. Additionally, proper planning, design, and operation for mining and excavation activities can reduce the safety hazards associated with heavy truck traffic, minimize damage to roadways, and buffer surrounding land uses from potential hazards or negative impacts. The Township recognizes the importance of mineral extraction through mining and excavation activities to the community as well as the need to properly manage this resource within Cohoctah Township. No mining or excavation activities as defined herein shall be permitted unless the Township Planning Commission shall first issue a special use permit in accordance with the provisions of this Ordinance. It is the intent of this Ordinance for these regulations to be consistent with the public health, safety, and welfare, and to ensure that lands subject to mining and excavation operations shall be reclaimed and rendered fully suitable for an approved use as provided within the provisions of this Ordinance.

A.

Definitions. Mining and excavation activities are defined as the removal from a parcel of land of any earthen resource, including, but not limited to:

1.

The excavation or mining of sand and gravel.

2.

The processing, storage, loading, and transportation of sand and gravel, incidental to its marketing.

3.

The mining of clay.

4.

The extraction of peat or marl.

5.

The quarrying of stone.

6.

The mining of coal.

B.

Exempt Activities. A special use permit is not required for the following activities:

1.

While exempted from the special use permit requirements, a land use permit shall be required for any small-scale operation for the extraction of sand, gravel, and related materials which disturbs or removes an amount not to exceed 5,000 cubic yards of material within a one-year period and that shows no appreciable impact on sediment control, stormwater, or other site factors. A land use permit application for a small-scale operation shall be accompanied by a minor plot plan that is submitted at the time a land use permit is requested. Any operation meeting the provisions of this Subsection shall also be required to leave a final grade not steeper than a slope of three-to-one (horizontal-vertical), as well as meet the provisions of Subsection B.8.(a)—(e) set forth below.

2.

Grading and filling in conjunction with commercial, industrial, or residential construction provided valid building and soil erosion and sedimentation control permits have been issued by the proper authorities.

3.

Foundations and building pads for any building or structure, provided that valid building, soil erosion, and sedimentation control permits have been issued by the proper authorities.

4.

Minor landscaping projects provided they do not encroach upon flood-prone areas, protected wetlands, natural drainways, or the County drainage system.

5.

Swimming pool construction provided a valid land use permit has been issued for construction of the pool.

6.

Excavations relating to the accessory use of land and designed to be filled upon completion of excavation, such as septic tanks, drain fields, etc.

7.

Excavations or leveling for private drives to provide ingress or egress that have been approved by the Township and the Livingston County Road Commission.

8.

Accessory ponds established in conjunction with a permitted agricultural or residential use which are three-fourths of an acre or less in size, provided:

(a)

The boundaries of the excavation are wholly within one owner's property.

(b)

Off-site drainage is not affected.

(c)

Appropriate Township, County, and State permits as required shall be obtained prior to pond excavation.

(d)

There shall be a minimum setback from the edge of the excavation to all adjacent dwellings and lot lines of at least 100 feet.

(e)

There shall be a minimum setback from any septic tank and/or septic waste disposal field of at least 100 feet.

(f)

If any pond is to exceed three-fourths of an acre in size a land use permit must be obtained and the application for the permit shall contain a plot plan indicating compliance with the terms of this Ordinance.

C.

Permitted Locations. Mining and excavation activities shall be permitted in the RD, WRD, AR and RR Zoning Districts in the Township on a parcel that is large enough to meet the setback, buffer and other site requirements herein.

D.

Permitted Accessory Uses. The Planning Commission shall determine whether any use customarily incidental to the permitted principal special use shall be allowed as a permitted accessory use.

E.

Mining and Excavation Area Buffer and Equipment Location Requirements. Notwithstanding any other minimum yard sizes required by this Ordinance, the following shall apply to mining and excavation activities:

1.

Mining and excavation activities shall be set back the following minimum distances:

(a)

From the right-of-way of any public street, private road, or highway, 100 feet;

(b)

From any adjacent property lines, 100 feet;

(c)

From an existing dwelling on an adjacent parcel, 200 feet;

2.

The Michigan Department of Environmental Quality and Livingston County Soil Erosion Control Officer shall determine the setback from any natural or existing manmade surface water body, watercourse, or wetland;

3.

The permanent processing plant and its accessory structures shall not be closer than 250 feet from any property line or right-of-way line of any public road or private road. Wherever practical, the permanent processing plant shall be located within the excavation area, at a point lower than the general level of the surrounding terrain in order to reduce the visual impact of the plant structure;

4.

Storage piles of processed material, topsoil and overburden stripped from mining areas shall not be located closer than 100 feet from any adjacent property line or 100 feet from any public road or private road;

5.

There must be a natural or manmade visual barrier adequate to shield or buffer the operation from existing roadways outside the project and adjacent property. The specifics of the visual barriers will be made on an individual site basis depending upon the property where the project is located and the surrounding properties as agreed upon between the applicant and the Township Planning Commission. The natural visual barrier may consist of naturally occurring vegetation. Generally, such barriers shall be five feet in height. Earth berms shall have slopes not in excess of one foot vertical to three feet horizontal, and shall be planted with grass, trees and shrubs. Screen plantings of coniferous or other suitable species shall be at least five feet in height, in rows parallel to the boundary of the property; the spacing of rows and the spacing of trees within rows shall be sufficient to provide effective screening.

F.

Performance Standards.

1.

All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or collapse of supporting soil adjacent to an excavation.

2.

To ensure the safety of motorists and infrastructure, the following criteria shall apply to vehicular congestion, roadway deterioration, debris and dust from truck traffic and any other potential adverse conditions as determined by the Township Planning Commission and appropriate other local or State officials:

(a)

Existing roadways will be adequately improved to carry the increased truck traffic. The amount of improvement and expected cost will be determined during the site plan review process.

(b)

There will be no serious impairment to the general level of air and noise quality due to heavy truck traffic, dust, emission and overall air quality. In making such a finding, consideration shall be given to the equipment and methods used to minimize such impacts.

3.

No operation shall be conducted in a manner so as to lower the water table on surrounding properties.

4.

Final grade on site plan shall not be steeper than a slope of three-to-one (horizontal-vertical).

5.

Temporary stockpiling of processed materials, topsoil or overburden, erosion, and similar operational problems shall not constitute a nuisance or hazard to road traffic, pedestrians, or adjoining property. Topsoil stockpiling shall be seeded to prevent wind and water erosion.

6.

All excavations shall use the most current best management practices (BMP) to control erosion and limit the amount of sediment reaching surface water. Existing water table and water quality will be determined and regular monitoring of the quality of the water table and water will be conducted. Such determinations will be performed by a qualified independent soil scientist, soils engineer, hydrologist, hydro-geologist, or geologist regarding the surface water, the level of the water table and the size and location of existing and new water bodies on the site and within one mile of the site. Costs of all such tests and monitoring shall be the responsibility of the permit holder.

7.

The excavation shall be graded in a fashion that will not cause water to accumulate in stagnant pools.

8.

Trees and other vegetation or ground cover shall not be prematurely stripped off the surface of the ground so as to unnecessarily expose areas of ground that are prone to wind or water erosion that will cause the ground or dust to be carried by wind or water onto adjoining or surrounding properties, or onto public or private roads, or to create a nuisance.

9.

The intensity level of sound shall not exceed 100 decibels (dBA) at the property line. The sound levels shall be measured with a type of audio output meter approved by the United States Bureau of Standards.

10.

The effects of air pollution, noise, and vibrations upon adjacent properties shall be minimized to the greatest extent possible by adequate site design, soundproofing materials, equipment, and buildings designed to accomplish this goal and by the appropriate use of berms, walls, and natural planting screens.

11.

Access to excavation areas shall be arranged to minimize danger to traffic and nuisance to surrounding properties.

12.

Truck and heavy vehicle traffic related to the excavation operations shall use major thoroughfares for access, wherever possible.

13.

Public streets within 1,500 feet of the exit of the extractive used site shall be kept reasonably clear of mud, dirt, and debris from vehicles exiting the site.

14.

All vehicles used for the transporting of materials from any extractive use site shall travel to and from the site on an approved haul route, as determined by the Township Planning Commission, which minimizes adverse impacts on residential neighborhoods.

15.

The hours of operation shall be set by the Township Planning Commission after consideration of the surrounding land uses and the particular traffic patterns on public haul routes in the area. The maximum range of hours is Monday through Friday from 7:00 a.m. to 6:00 p.m., Saturday from 8:00 a.m. to 12:00 noon; operations shall be prohibited on legal holidays and Sundays. The Township Supervisor, or his designee, may provide temporary exemptions from hours of operations for an operator who must repair equipment or for public emergencies.

16.

The perimeter area for the mining or excavation activities shall be enclosed by a chain link or similar fence or continuous wall at least six feet high, although the applicant may request the Township Planning Commission to approve an alternate enclosure by screen planting or hedge fence of similar perimeter control capability.

17.

The excavation shall not be used for the disposal of any foreign material, other than clean off-site fill, without prior approval from appropriate Township, County, and State entities.

18.

All work shall be undertaken and completed on a cell-by-cell basis. No work can begin in the next cell until reclamation in the previous cell is satisfactorily completed or underway pursuant to a phasing plan approved by the Township Planning Commission.

19.

Excavated areas shall be reclaimed under the following standards:

(a)

Vegetation restored by the appropriate seeding of grasses or the planting of trees and shrubs to establish a permanent vegetative cover on the land surface to minimize erosion. Such vegetation shall be of sufficient diversity to support a variety of wildlife species.

(b)

When excavation operations are completed, the excavation area shall be graded or backfilled as necessary to produce gently rolling surface that will minimize wind and water erosion and that will be generally compatible with the adjoining area. No graded areas shall be left so that gradients in disturbed earth are steeper than a slope of three-to-one (horizontal-vertical).

(c)

A layer of arable topsoil a minimum of four inches thick, of a quality approved by the Township, shall be spread over the excavated area, except for exposed rock surfaces, or areas lying below natural water level.

(d)

Excavation that has created or extended lakes, ponds, or other bodies of water shall meet standards and specifications (particularly with respect to underwater slopes and drop-offs) promulgated by the U.S. Department of Agriculture, Natural Resources Conservation Service or by the Department of Environmental Quality with appropriate approval from one or both agencies. Approval is based upon water body size as established by the above agencies and an application must be sent to both agencies for possible review. At a minimum, any body of water created shall have a minimum depth of ten feet below the average summer level of water in the excavation with the grade not to exceed that specified in Subsection F.19.(b) above.

(e)

No area shall be left in a manner that will collect or retain stagnant water.

(f)

Backfill and grading materials shall not be noxious, flammable, or toxic.

20.

Fill and soils shall not be overly compacted and shall be of sufficient quality to be well-drained, nonswelling. If the reuse plan involves development of dwellings or other buildings, fill and soils shall be of proper bearing capacity to support foundations and septic systems.

21.

Excavation shall meet standards and specifications and shall require a permit pursuant to Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act, Public Act No. 451 of 1994 (MCL 324.9101 et seq.).

G.

Permit Requirements. Before granting a permit, the Township Planning Commission shall conduct a public hearing concerning such application. A separate permit shall be required for each separate site. Each application for a permit shall be filed with the Township Clerk, accompanied by plans, drawings, and information prepared by appropriate registered professionals, depicting, at a minimum:

1.

Name, address, and telephone number of surface owner and mineral rights owner of land from which excavation will take place.

2.

Name, address, and telephone number of operator (person, firm, or corporation who will be conducting the actual excavation).

3.

Location, size, and legal description of the total site area to be excavated. Include legend showing a north point, scale, and date. The extent of the excavation will be designated on the documents accompanying the application.

4.

Location, width, and grade of all easements or rights-of-way on or abutting the area subject to excavation.

5.

A statement from the applicant identifying all other Federal, State, and local permits required, if any.

6.

Proof of liability insurance from the operator.

7.

Notification of any deed restrictions on the property.

8.

Name of financial institution backing the excavation operation.

9.

Existing and proposed topography at two-foot contour intervals. Such topography shall extend a minimum of 150 feet beyond the top of the bank of the excavation.

10.

The existing surface water and drainage patterns.

11.

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

(a)

All land requested in the permit application.

(b)

All contiguous land, which will be, or has been, used by the owner or leaseholder applicant for excavation, processing, storage, or other permitted uses.

(c)

All lands within one-half mile of the proposed planned excavation area.

(d)

Existing zoning classifications overlaid on all areas shown on the map.

12.

A hydro-geologic report of the proposed excavation site. Such a report shall, at a minimum provide:

(a)

A detailed description of surface conditions.

(b)

Depth of water table throughout the planned excavation area.

(c)

A map depicting the thickness and depths of material to be excavated.

(d)

An environmental impact study of the proposed excavation, including, but not limited to, the impact of the proposed excavation upon existing area wells.

(e)

A recommendation of the necessity to install monitoring wells.

13.

A discussion of the proposed method of excavation, including, but not limited to:

(a)

The area and amount of material to be excavated in cubic yards.

(b)

Proposed side slopes and depths for all portions of the excavated area.

(c)

Proposed drainage system, settling ponds and retention ponds, as appropriate.

(d)

The time, duration, phasing, and proposed work schedule of the total project.

(e)

The proposed location of any building, storage areas, stockpiling areas, and sorting or crushing equipment as appropriate.

(f)

Area from which excavation will take place in the first year of operation and likewise for each successive year until operation completion.

(g)

The proposed location of access points to the site and proposed haul routes for disposal of excavated material.

(h)

Proposed plans for fencing and signs.

(i)

Provisions for buffer zones, landscaping, and screening.

(j)

A detailed list of the type of equipment to be used that is updated annually and submitted to the Township.

(k)

List of proposed types and uses of explosives, if required, and a proposed plan for all safeguards for their use.

(l)

A detailed reclamation plan, drawn to an acceptable scale, and program to be performed upon completion of each phase of the project. At a minimum, the plan of reclamation shall include:

(1)

Physical description of the location of each cell, number of acres included in each cell, estimated length of time to complete each cell in excavation.

(2)

Depiction of finished, stabilized, side slopes, including methods and plant materials proposed for use.

(3)

Landscape plan for the portion of the property disturbed by excavation.

(4)

A reuse plan for the site once excavation is complete.

(m)

Site plan and associated reports shall document the method of compliance with the performance standards of this Ordinance.

(n)

All means of access to the property shall be from major or secondary thoroughfares.

(o)

The operator of an excavation operation must require, prior to the exit from the operator's premises, the drivers of all vehicles carrying product to thoroughly clean the license plates of their vehicles, and the failure of drivers to do so shall be a violation of this Section.

(p)

Such other information as may be reasonably required by the Township to base an opinion as to whether a permit should be issued.

H.

Amount of Application Fee. The amount of the application fee shall be the amount established by the Township Board as established in its schedule of fees. In addition to the application fee, the applicant shall advance to the Township the estimated expenses that will be incurred by the Township with respect to experts retained by it to review and process the application. The permit holder shall ensure that there are adequate funds maintained with the Township in an appropriate escrow account to cover any and all expenses the Township might incur related to administration of the permit including, but not limited to, inspection and monitoring fees. Failure to pay, or maintain, in advance the sums provide for herein shall result in an automatic denial of the permit. Permits issued by the Township Planning Commission shall be for a period of one year expiring on March 31, and such permits may be renewed as herein provided for so long as the permittee complies with all provisions of this Ordinance or other conditions of this permit. The renewal of permits is also conditioned upon the payment of a renewal fee established by the Township Board as well as payment for any and all costs incurred by the Township Board to monitor the operation and compliance with the terms of this Ordinance, the permit, and any extensions, or renewals of the permit. Any application for permit renewal shall require that the applicant advance to the Township the estimated expenses that will be incurred by the Township with respect to experts retained by it to review and process the permit renewal.

I.

Issuance or Denial. After reviewing all of the information submitted by the applicant, and such other information as may be in the possession of the Township Planning Commission, the Township Planning Commission shall, at a regular or special meeting, determine whether or not a permit will be issued. The permit shall be issued in the event that the Township Planning Commission shall determine that the issuance of the permit meets the provisions of this Ordinance and the standards in Section 13.06 and that the operation would not detrimentally affect the public health, safety, and general welfare of the citizens of the Township.

J.

Financial Guarantees for Compliance and Reclamation.

1.

Mining operations shall not commence until a financial guarantee to ensure compliance with the permit, the approved application operational plan and the reclamation plan shall have been filed with the Township Clerk as approved and required by the Township Planning Commission. The form and the amount of the financial guarantee shall be determined by an estimate prepared by the applicant's engineer based upon consideration of the size and scope of the proposed excavation, probable cost of rehabilitating the premises if the applicant or operator defaults under the permit and such other factors and conditions as might be relevant in determining the sum reasonable in the light of all such facts and circumstances surrounding each application. This estimate shall be reviewed by the Township Engineer who shall then make a recommendation to the Township as to the sufficiency of the amount of the estimate prepared by the applicant's engineer. The Township may include in the amount of the financial guarantee estimated expenses including, but not limited to, legal and engineering fees, that the Township could incur through litigation to compel the operator or applicant to comply with the terms of the permit or this Ordinance. The Township Planning Commission, in considering any application to renew the permit, may at its discretion, increase or decrease the amount of the financial guarantee, based upon increased costs, new information, or partial reclamation. The financial guarantee shall be held in escrow, and may be released to the applicant in proportion to the work completed on the various restoration activities, provided an inspection report has been submitted to the Township Engineer and approved by the Township Planning Commission.

2.

The financial guarantee shall be in the form of cash, or an irrevocable letter of credit, issued by a financial institution licensed to do business in the State, making the Township the beneficiary thereof and the terms of any irrevocable letter of credit are subject to Township approval.

3.

The conditions of such financial guarantee shall be that, if the permit holder has satisfactorily reclaimed the property being the subject of the special use permit, the financial guarantee shall be released for return to the applicant, otherwise the Township shall have the right to use the guarantee to the extent necessary to reclaim the property and to cover all costs incurred by the Township in enforcing and bringing about compliance with the approved permit, including attorney fees, and to otherwise guarantee payment for all other reclamation and enforcement and compliance requirements of the Township.

4.

Any financial institution issuing an irrevocable letter of credit in satisfaction of these requirements is subject to approval of the Township Planning Commission. The irrevocable letter of credit shall remain with the Township until the parcel or parcels have been reclaimed, and all the equipment, machinery, materials, buildings, and other commercial improvements removed as required by this Ordinance.

K.

Other Conditions. The conditions of any permit issued under this Section apply not only to the owner but also to the operator who is either an owner or lessee of mineral rights or any other person engaged in or preparing to engage in excavation under such permit.

1.

When an operator disposes of his interest in an excavation area prior to final reclamation by sale, lease, assignment, termination of lease, or otherwise, the Township may release the operator from the duties imposed upon him by this Ordinance as to the operations, but only if the successor operator or owner assumes the obligations of the former operator under the permit as well as the reclamation responsibilities. At that time the permit may be transferred.

2.

The general site plan may be modified at any time by mutual consent of the operator and the Township Planning Commission to adjust to changed conditions or technology or to correct an oversight.

3.

When activities on or use of the area subjected to excavation, or any portion thereof, have ceased for more than one year, as shown by examination of the premises, the operation shall be considered abandoned and a new permit shall be required before additional excavation activities can occur.

4.

Upon cessation of mining operations by abandonment or otherwise, the operator, within a reasonable period of time not exceeding 12 months thereafter, shall remove all plant structures, buildings, stockpiles, and equipment unless such buildings or structures can be lawfully used in the district in which the same are located.

L.

Inspections and Conformance.

1.

Excavation operations authorized by permits shall be inspected not less than twice annually to determine compliance with this Ordinance and the permit(s) issued pursuant to this Ordinance.

2.

Any violations shall be reported in writing to the Township. The report shall then be forwarded by the Township to the operator with a request for compliance.

3.

Failure on the part of the operator to correct a reported violation within 30 days after such request is made by the Township shall be reason for revocation of the permit. Additional time for correction of the cited violation may be allowed upon submission to the Township of proof of good and sufficient cause by the operating company; otherwise the operator shall be declared to be in violation of this Ordinance and subject to the penalties of both the ordinance and the special use permit approved for the mining and extraction operation.

4.

The Township Board may initiate injunction or other appropriate proceedings to prevent or enjoin any violation of this Section. The rights and remedies provided herein are cumulative and in addition to other remedies provided by law. The use of any land located within the Township in violation of this Section is declared to be a public nuisance, per se, and may be abated by order of any court of competent jurisdiction.

(Ord. of 11-12-1987, § 13.15; Amd. No. 1, 8-11-1988; Amd. No. 42, 5-12-2005; Amd. No. 80, §§ 18—20, 5-11-2017)

(Ord. of 11-12-1987, § 13.16; Amd. No. 1, 8-11-1988)

Solar buildings are permitted in all districts as long as the glare from exterior reflective solar panels is deflected so as not to cause glare to be transmitted to adjacent properties below the maximum height established for each district.

(Ord. of 11-12-1987, § 13.17)

Editor's note— Amd. No. 67, § 2, adopted August 11, 2011, repealed § 13.18, which pertained to windmills and wind turbines and derived from an Ord. of November 12, 1987.

Housing of the elderly aged 55 or older at two per bedroom, up to a maximum of six, per detached single-family dwelling is permitted; provided that the bedrooms so used shall be in excess of the bedroom needs of the family occupying the detached single-family home. The family needs shall be computed at two family members per bedroom. Further, each two bedrooms designated for the elderly shall be provided with a full bathroom for sanitary and bathing purposes which shall be located within ten feet of the most accessible door of the respective bedroom it is designated to serve.

(Ord. of 11-12-1987, § 13.19)

All principal uses involving the handling or storage of waste, hazardous and/or non-hazardous, shall be located in the LI Light Industrial District and operated in accordance with all applicable State and Federal laws, rules and regulations governing the disposal of such waste.

(Ord. of 11-12-1987, § 13.20; Amd. No. 80, § 21, 5-11-2017)

State Law reference— Hazardous Waste Management Act, MCL 324.11101 et seq.

Any parcel of land that lies in more than one zoning district and is under common ownership and such multiple zoning district was created by the petition of the Township and not resulting from the owner or his predecessor in title requiring multiple zoning districts, then the Township Planning Commission, subject to the provisions of this Article may provide additional uses in either of the zoning districts, which uses shall be determined as follows:

A.

If there is a current use in one district which is either a permitted principal use or a special use, with or without conditions, and the other abutting zoning district (second district) does not provide for the same use, the Township Planning Commission may allow the principal or special use of the one district to be expanded into the second district, including accessory structures to the principal use, upon meeting the Zoning Ordinance provisions regarding the principal use or special use of the district that does provide for such use.

(Ord. of 11-12-1987, § 13.21; Amd. No. 2, 4-13-1989; Amd. No. 80, § 22, 5-11-2017)

A group day care home licensed or registered under Public Act No. 116 of 1973 (MCL 722.111 et seq.) shall be a permitted principal special use in all residential zoning districts, including those zoned for single-family dwellings, subject to the issuance of a special use permit which shall be issued if the group day care home complies with the following standards:

A.

The group day care home is located not closer than 1,500 feet to any of the following:

1.

Another licensed group day care home.

2.

Another adult foster care small group home or large group home licensed under the Adult Foster Care Facility Licensing Act, Public Act No. 218 of 1979 (MCL 400.701 et seq.).

3.

A facility licensed under Michigan law offering substance abuse treatment and rehabilitation service to seven or more people.

4.

A community correction center, resident home, halfway house, or other similar facility that houses an inmate population under the jurisdiction of the Department of Corrections.

5.

The distance specified in this Subsection A. shall be measured along a street, road, or place maintained by the State, County, or Township of Cohoctah and generally open to use by the public as a matter of right for the purpose of vehicular traffic, not including an alley.

B.

All outdoor play areas shall be enclosed by a fence that is nonclimbable in design and at least 54 inches high.

C.

The property is maintained consistent with the visible characteristics of the neighborhood. There shall not be any equipment located in the front yard.

D.

The group day care home shall not exceed 16 hours of operation during a 24-hour period and shall not operate between the hours of 10:00 p.m. and 5:00 a.m.

E.

The group day care home may have one nonilluminated sign that complies with the standards in Article XIX and shall display only the name and address of the group day care home.

F.

The group day care home shall provide off-street parking for all employees, in a driveway or similar facility common to the particular neighborhood, which is in addition to the off-street parking required for the residence itself.

G.

The group day care home shall be inspected for compliance with these standards and conditions prior to occupancy or use as a group day care home and at least once each year thereafter prior to the anniversary of the issuance of the special use permit.

H.

Group day care homes as defined in Section 2.02 of this Ordinance shall only apply to the bona fide private residence of the operator of the group day care home.

(Amd. No. 3, 7-12-1990; Amd. No. 80, § 23, 5-11-2017)

State Law reference— Mandate for this Section, MCL 125.3206.

A commercial kennel operation shall not be maintained on a parcel less than ten acres in size and shall further be subject to the following conditions:

A.

Dog runs and/or exercise areas designed for that purpose, as well as buildings where the dogs are maintained, shall be located in the side or rear yard only.

B.

Buildings wherein dogs are kept, dog runs and/or exercise areas shall not be located nearer than 200 feet to any adjacent parcel.

C.

Such facilities shall be under the jurisdiction of the Township Planning Commission and a person desiring to have a commercial kennel shall apply to the Township Planning Commission and shall provide to the Township Planning Commission a site drawing and other information sufficient to demonstrate that the conditions set forth herein will be complied with. The issuance or renewal of a permit by the Township Planning Commission shall also be subject to other conditions and requirements of said body as deemed necessary to ensure against the occurrence of any possible nuisance.

D.

Each dog run and/or exercise area shall be separately fenced from the adjoining dog run and/or exercise area.

E.

A wall or fence of a solid nature that obstructs the view around the outside perimeter of the dog runs and/or exercise areas shall be constructed with a height of not less than six feet.

F.

All such kennels shall be operated in conformance with all applicable County, State, and Federal regulations, permits being valid so long as the kennel is in compliance with the terms of the permit and this Ordinance, subject to review annually by the Zoning Administrator for compliance with applicable County, State, and Federal regulations, as well as the conditions of this Ordinance and the special use permit.

G.

Commercial kennels are not permitted in the S Settlement or LRR Limited Recreation Residential Districts.

(Ord. of 11-12-1987, § 13.23; Amd. No. 12, § 14, 11-11-1993; Amd. No. 55, § 3, 3-13-2008; Amd. No. 80, § 24, 5-11-2017)

State Law reference— Kennels, MCL 287.270 et seq.

A.

Applicability and Preamble. This Section is adopted and designed to promote the general peace, health, safety and welfare of the residents of Cohoctah Township. The regulations of this Section are intended to conform with the Federal laws and administrative rules governing facilities needed to operate wireless communication systems and to set forth procedures and standards for review and approval for the location of such facilities within Cohoctah Township. It is the Township's intent to reasonably regulate the location and design of such facilities to retain the integrity of neighborhoods and the character, property values, and aesthetic quality of the Township. Given the increase in the number of wireless communication facilities requested as a result of the new technology and the Federal Telecommunications Act of 1996, it is the policy of the Township that all users should collocate on attached wireless communication facilities and wireless communication support structures. Collocation is required in order to ensure the most economic use of land and to prevent the proliferation of duplicative services. In recognition of the Township's concern that technological advances may render certain wireless communication facilities obsolete or unnecessary in the future, requirements are set forth for the removal of unused or unnecessary facilities in a timely manner and to provide security for removal.

B.

Definitions.

Attached Wireless Communications Facilities—Wireless communication facilities affixed to existing structures, including but not limited to existing buildings, towers, water tanks, or utility poles.

Collocate—To place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Collocation" has a corresponding meaning.

Communication Tower or Tower—A guyed, monopole, or self-supporting tower, constructed as a free-standing structure containing one or more antennae intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

Equipment Compound—An area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located. Wireless Communication Equipment Storage Facilities or Storage Building has a corresponding meaning.

Provider—An entity that is properly licensed by the Federal Communications Commission (FCC) and other appropriate governmental authorities to provide services through wireless communications facilities.

Wireless Communication Antenna or Antennae—Any antenna used for the transmission or reception of wireless communication signals excluding those used exclusively for dispatch communications by public emergency agencies, ham radio antenna, satellite antenna, those which receive video programming services via multipoint distribution services which are one meter (39 inches) or less in diameter and those which receive television broadcast signals. See Section 16.54.

Wireless Communications Equipment—The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures. Wireless Communication Facility has a corresponding meaning. Not included in this definition are citizens band radio facilities, shortwave facilities, ham or amateur radio facilities, satellite dishes for residential use, and governmental facilities which are subject to State or Federal law or regulations which preempt municipal regulatory authority.

Wireless Communications Support Structure—A structure that is designed to support, or is capable of supporting, wireless communications equipment, including but not limited to a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building. Wireless Communication Support Structure or Tower(s) has a corresponding meaning.

C.

Telecommunications Facilities Permit.

1.

Permit Required. A wireless communication facility shall require the issuance of a telecommunications facilities permit.

2.

Information Required. The following information is required for a telecommunications facilities permit:

(a)

Each applicant for an antenna and/or tower shall provide an inventory of all existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of Cohoctah Township or within one mile of the border thereof, including specific information about the location, height, and type of tower. Such information may be shared with other applicants applying for approvals under this Section or other organizations seeking to locate towers or antennas within the jurisdiction of Cohoctah Township; provided, however, that the sharing of such information in no way constitutes a representation or warrant by the Township that such sites are available or suitable.

(b)

A scaled site plan, not greater than one inch equals 100 feet, clearly indicating the location, type, and height of the proposed tower, on-site land uses and zoning; adjacent land uses and zoning, Comprehensive Plan (Master Plan) classification of the site and all properties within the applicable separation distances set forth above; adjacent roadways, proposed means of access; setbacks from property lines; elevation drawings of the proposed tower; specifications of the transmitter and model numbers and any other structures; topography, parking, and any other information deemed by Cohoctah Township to be necessary to assess compliance with this Section.

(c)

Legal description and owner of property of the parent tract and leased parcel (if applicable).

(d)

The setback distance between the proposed tower and the nearest residential dwelling unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(e)

A landscape plan showing specific landscape materials.

(f)

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

(g)

A notarized statement by the applicant indicating that construction of the proposed tower will accommodate a minimum of five additional antennae arrays equal to that submitted by the applicant and agreeing to allow collocation if a permit is granted.

(h)

For wireless communication systems, identification of the entities providing the backhaul network (i.e., the lines that connect a provider's structures/cell sites to one or more cellular telephone switching offices, and/or long distance providers, and/or the public switched telephone network) for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.

(i)

A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower. The applicant shall provide an affirmative statement as to the need for the proposed tower and why no existing structure will meet the needs of the proposed new tower.

(j)

An environmental impact assessment disclosing any potential impact on local wetlands, floodplains, wilderness areas, wildlife preserves, endangered species, historical sites, or other environmental considerations.

(k)

A technical analysis setting forth the minimum height necessary for reasonable communication by the applicant and an evaluation of alternative designs that might result in lower tower heights.

(l)

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure longterm, continuous maintenance to a reasonably prudent standard.

(m)

All tax related information as requested by the Cohoctah Township Assessor's Office for appraisal purposes.

(n)

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

3.

Conditions of Approval. In granting a telecommunications facilities permit, Cohoctah Township may impose conditions that the Township determines are necessary to further the purposes of this Section and/or to minimize any adverse impact of the proposal on adjoining or nearby properties.

4.

Factors to Consider in Granting a Telecommunications Facilities Permit. In determining whether to issue a telecommunications facilities permit, the Planning Commission shall review the particular circumstances and facts of each application on its own merits according to Section 13.06. Such factors shall include, but not be limited to, all provisions of this Section and any other Cohoctah Township ordinances not in conflict with this Ordinance, as well as the following factors:

(a)

Height of the proposed tower.

(b)

Proximity of the tower to residential structures and residential district boundaries.

(c)

Nature of uses on adjacent and nearby properties.

(d)

Surrounding topography.

(e)

Surrounding tree coverage and foliage.

(f)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(g)

Proposed ingress and egress.

(h)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection C.5. below.

(i)

The design of the proposed structure will accommodate collocation of additional users.

5.

Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. It is the policy of Cohoctah Township that all users should collocate whenever possible on attached wireless communications facilities and wireless communication support structures to help ensure the most economic use of land and to help prevent the proliferation of duplicative services and/or facilities. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Cohoctah Township that no existing tower or structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant's proposed antenna. An applicant shall submit to Cohoctah Township sufficient information related to the availability of suitable existing towers, other structures, or alternative technology or the lack of such towers, structures, or technology to enable the Township to determine that collocation is not an available option. The Township may employ specialized experts to review information and materials submitted by the applicant. The applicant shall incur all costs associated with such review and shall submit along with such information a fee to be established by the Township Board to cover such costs. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(a)

No existing owners or structures are located within the geographic area that meet applicant's engineering requirements.

(b)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(c)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(e)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f)

The applicant demonstrates there are other limiting factors that render existing towers and structures unsuitable.

D.

General Requirements. Wireless communication towers or structures shall be subject to the following regulations:

1.

Location of Towers or Structures.

(a)

Wireless communications shall be a permitted special use in all districts.

(b)

A tower shall have a minimum setback from all property boundaries and structures equal to 1.1 multiplied by the height of the tower. (Equipment storage facilities or storage buildings erected to service the tower are exempt from this setback requirement.)

(c)

Accessory buildings must satisfy the minimum zoning district setback regulations.

(d)

A tower may be allowed on a parcel of land that already has one principal use on the parcel.

2.

Access. Unobstructed access, constructed in accordance with all provisions of this Ordinance, shall be provided to the tower and apparatus building to ensure service by police, fire, and emergency vehicles. Roads used for ingress and egress must be constructed according to specifications set forth by the Livingston County Road Commission or Cohoctah Township.

3.

Structural Design and Installation.

(a)

The plans for the tower construction shall be certified by a State licensed professional engineer and the applicant shall submit verification that the installation is in compliance with all applicable codes. All towers or structures must meet all applicable standards of the Federal Aviation Administration and the Federal Communications Commission or other governmental agency having jurisdiction.

(b)

All towers or structures must meet or exceed current standards and regulations of the FAA, the FCC, and other agencies of the State or Federal government with the authority to regulate towers, structures, and antennas. If such standards and regulations are changed, then the owners of the towers, structures, and antennas governed by this Section shall bring such towers, structures, and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers, structures, and antennas into compliance with such revised standards and regulations shall constitute grounds for revocation of the permit and the removal of the tower or antenna at the owner's expense.

(c)

Antennae and metal towers or structures shall be grounded for protection against a direct strike by lightning. The electrical wiring and connections on all towers and structures shall comply with all applicable Local, State, and Federal statutes, regulations, and standards.

(d)

Towers or structures with antennae shall be designed to withstand a uniform wind loading as prescribed by applicable building codes for such towers or structures.

(e)

All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antennae and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

4.

Lighting. Towers or structures shall not be artificially illuminated, except as required by the FCC, FAA, or local building codes.

5.

Design.

(a)

Advertising, signs, and identification of any kind intended to be visible from the ground or other structures shall be prohibited, except as required for emergency purposes.

(b)

The antennae shall be painted to match the exterior treatment of the tower. The paint scheme of the tower and antennae shall be designed to minimize off-site visibility of the antennae and tower.

(c)

At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(d)

If an antenna is installed on a structure other than a tower (such as a clock tower, bell steeple, or light pole), the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e)

All utility wiring going to the tower shall be placed underground.

6.

Fencing and Landscaping.

(a)

Fencing. The tower and appurtenant apparatus building shall be secured by fencing a minimum of eight feet in height. All towers must be equipped with an anticlimbing device to prevent unauthorized access.

(b)

Landscaping. The fencing and apparatus building shall be screened with a landscaped strip at least 20 feet wide along each side of such fencing and/or building. Specifications for spacing and plant materials shall be as set forth by the Township. The landscape strip shall be maintained in good condition at all times so as to continue its effectiveness. Existing mature on-site vegetation and natural landforms shall be preserved to the maximum extent feasible. In some cases, such as towers or structures sited on large, wooded lots, natural growth around the property perimeter may provide sufficient buffer, in which case Cohoctah Township may waive the landscaping requirements of this subsection.

7.

Employees. No employee shall be located on the site on a permanent basis to service or maintain the antennae. Occasional or temporary repair and service activities are excluded from this restriction.

8.

Site Plan Required. The applicant shall submit a preliminary and final site plan in accordance with Article XX and include details of tower lighting required and approved by the Federal Aviation Administration.

9.

Franchises. Owners and/or operators of towers, structures, or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system have been obtained and shall file a copy of all required franchises with Cohoctah Township prior to final site plan approval.

10.

Engineering Certification. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or structural, shall be certified by a State of Michigan licensed professional engineer.

11.

Not Essential Services. Towers, structures, and antennae shall be regulated and permitted pursuant to this Section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

12.

Cessation of Operation. The Township shall condition approval of any new tower subject to the removal of said tower, including all structural components of the tower facility above and below ground three feet deep, within 180 days of cessation of operation. The Township reserves the right to request evidence of ongoing operation at anytime after construction of an approved tower. Any antenna or tower, whether approved under this Section or existing at the time of adoption of this Section, that is not operated for a continuous period of 180 days shall be deemed abandoned. Failure to remove an abandoned antenna or tower with 120 days of receipt of a notice from Cohoctah Township requesting such removal shall be grounds for Cohoctah Township to remove said tower or the antenna at the owner's expense. If there are two or more users of a single tower, this provision shall not take effect until all users cease using the tower.

13.

Division of Property. The division of property for the purpose of locating a facility is prohibited unless all requirements of the Township ordinances are met.

14.

Advertising. The facility shall not be used for advertising purposes and shall contain no signs or lighting except to identify the provider and emergency telephone numbers and as may be required by the Federal Aviation Administration.

15.

Security. In order to ensure removal of the wireless communication structure, in the event of abandonment or cessation of operation, Cohoctah Township may require that security be posted prior to issuing a land use permit for uses as specified in the telecommunications facilities permit in an amount sufficient to guarantee that the applicant shall perform the terms and conditions of the telecommunications facilities permit, including the removal of the facility as provided herein.

16.

Description of Security. The application shall include a description of the security to be posted at the time of applying for a land use permit for the facility to ensure removal of the facility when it has been abandoned or is no longer used, as provided herein. The security shall be in the form of cash or a letter of credit, together with an agreement in the form approved by the Township providing for removal of the facility as described herein. The application shall include an estimate of the cost of removal of the facility, certified by a licensed engineer for the Township's use in determining the security to be posted if a permit is granted.

E.

Exempt Uses. Facilities that are designed for providing wireless internet services involving a municipal organization for free, or for a reduced fee, are exempt from the requirements of this section 13.24.

F.

Permitted Uses.

(1)

Notwithstanding the foregoing provisions, wireless communications equipment is a permitted use of property and is not subject to special land use approval or any other approval under this Ordinance if all of the following requirements are met:

(a)

The wireless communications equipment will be collocated on an existing wireless communications support structure or in an existing equipment compound.

(b)

The existing wireless communications support structure or existing equipment compound is in compliance with the Zoning Ordinance or was approved by the Township.

(c)

The proposed collocation will not do any of the following:

(i)

Increase the overall height of the wireless communications support structure by more than 20 feet or ten percent of its original height, whichever is greater.

(ii)

Increase the width of the wireless communications support structure by more than the minimum necessary to permit collocation.

(iii)

Increase the area of the existing equipment compound to greater than 2,500 square feet.

(d)

The proposed collocation complies with the terms and conditions of any previous final approval of the wireless communications support structure or equipment compound by the Township.

(2)

Wireless communications equipment that meets the requirements of Subsection (1)(a) and (b) but does not meet the requirements of Subsection (1)(c) or (d) is a permitted use of property if it receives special land use permit approval under subsections (3) to (6).

(3)

An application for special land use permit approval of wireless communications equipment described in Subsection (2) shall include all of the following:

(a)

A site plan as required under this Zoning Ordinance, including a map of the property and existing and proposed buildings and other facilities.

(b)

Any additional relevant information that is specifically required by this Zoning Ordinance.

(4)

After an application for a special land use permit approval is filed with the Township Planning Commission, the Planning Commission shall determine whether the application is administratively complete. Unless the Planning Commission proceeds as provided under Subsection (5), the application shall be considered to be administratively complete when the Planning Commission makes that determination or 14 business days after the Planning Commission receives the application, whichever is first.

(5)

If, before the expiration of the 14-day period under Subsection (4), the Planning Commission notifies the applicant that the application is not administratively complete, specifying the information necessary to make the application administratively complete, or notifies the applicant that a fee required to accompany the application has not been paid, specifying the amount due, the running of the 14-day period under Subsection (4) is tolled until the applicant submits to the Planning Commission the specified information or fee amount due. The notice shall be given in writing or by electronic notification. A fee required to accompany any application shall not exceed the Township's actual, reasonable costs to review and process the application or $1,000.00, whichever is less.

(6)

The Planning Commission shall approve or deny the application not more than 60 days after the application is considered to be administratively complete. If the Planning Commission fails to timely approve or deny the application, the application shall be considered approved and the Planning Commission shall be considered to have made any determination required for approval.

(7)

Special land use permit approval of wireless communications equipment described in Subsection (2) may be made expressly conditional only on the wireless communications equipment's meeting the requirements of other local ordinances and of federal and state laws before the wireless communications equipment begins operation.

G.

Time Periods. If the Township requires special land use approval for wireless communications equipment that does not meet the requirements of Subsection (1)(a) or for a wireless communications support structure, subsections (4) to (6) apply to the special land use approval process, except that the period for approval or denial under Subsection (6) is 90 days.

(Ord. of 11-12-1987, § 13.24; Amd. No. 41, § 1, 7-8-2004; Amd. No. 54, § 1, 3-13-2008; Amd. No. 57, §§ 1—3, 11-13-2008; Amd. No. 72, §§ 1—3, 12-13-2012; Amd. No. 80, § 25, 5-11-2017)

The Township recognizes that a community wastewater utility system may be in the best interests of the health, safety, and welfare of the Township and the residents in some limited circumstances. However, the Township requires assurance that any community wastewater utility system will be designed, constructed, operated, maintained, repaired and/or replaced in a manner that best serves and protects the health, safety, and welfare of the Township and its residents.

Community wastewater utility systems or "systems" as used in this section means a facility which is owned by a nongovernmental entity and is designed, constructed, operated, and maintained to transport, collect, process, and treat sanitary sewage from more than one single-family residential dwelling. A complete system includes all sewers, pump stations, head-works, treatment and disposal unit processes, and ancillary items.

A.

Procedure. Community wastewater utility systems are reviewed and approved by the State Department of Environmental Quality, Livingston County Health Department, Livingston County Drain Commissioner (LCDC) as well as the Township. The review and approval process may occur concurrently with the Township's site plan review process. However, the final site plan shall not be approved by the Township Board until a special use permit, as required by this Section, has been approved. Furthermore, no construction on the system shall occur until the other agencies have given their respective approvals of the system.

B.

Application Requirements.

1.

The following items shall be submitted with the completed and signed application for a special land use permit:

a.

A general location map showing the proposed systems and the development in relationship to prominent geographical features such as roads, rivers, lakes, and residential development(s).

b.

Legal description of the overall development and system site.

c.

A description of how the placement of the system will minimize odor and noise dispersal to neighboring properties.

d.

Drawings prepared under the direction of a licensed professional surveyor and/or a certified professional engineer licensed to practice in the State of Michigan, accurate to a scale of no more than 100 feet to one inch and showing the following information:

i.

Elevations of the site mapped with a maximum contour interval of two feet.

ii.

All components of the proposed system, including but not limited to pump stations, tanks, treatment units, drainfields, and buildings.

iii.

The location of soil borings or test pits. Soil boring logs shall also be attached along with a description of the general nature of the subsurface soils in the development and system, including the depth to groundwater, permeable strata, and confining layers.

iv.

The means of vehicle access to the system.

v.

The method of stormwater management with flow arrows showing the direction of stormwater runoff and the points of discharge from the development.

vi.

The method of nearby wells, existing and future structures, drains, water mains, and other utilities in and adjacent to the subject property, including the nearest municipal sanitary sewer within five miles of the proposed development.

vii.

The location of nearby surface water, wetlands, and floodplains.

viii.

Any proposed screening, buffering, or landscaping.

ix.

Adjacent land uses and zoning designations.

x.

The source of water supply and its isolation from the proposed treatment and disposal system, along with the general direction of groundwater flow.

xi.

The location of all existing water supplies with[in] 500 feet of the project boundary along with the direction of groundwater flow.

e.

Other information deemed necessary by the Township to make the determination required by this Ordinance.

2.

The applicant shall provide the following documents upon filing an application for a special land use permit:

a.

Information required by Section 3.2 of the Township's General Ordinance No. 1 for Community Wastewater Utility Systems.

b.

Livingston County Department of Public Health (LCDPH): Permit for the final disposal system and/or treatment systems, as applicable.

c.

Michigan Department of Environmental Quality, Water Division (MDEQ): Part 41 Construction Permit.

d.

MDEQ, Water Division, < 10,000 gallons/day: Part 22 Notification (R323.2211 a).

e.

MDEQ, Water Division, 10,000—20,000 gallons/day: Part 22 Discharge Permit (R323.2216).

f.

Livingston County Drain Commissioner: Soil Erosion Permit.

g.

A list of all conditions placed on the subject community wastewater utility system as noted by the agencies listed in a—e above.

C.

General Requirements.

1.

Community wastewater utility systems shall serve only single-family residential uses.

2.

Community wastewater utility systems proposed as part of a planned unit development (PUD) district shall not serve nonresidential uses.

3.

Systems shall be limited to 10,000 gallons/day. Larger systems may be considered at the discretion of the Township and the Livingston County Drain Commissioner (LCDC).

4.

The community wastewater utility system shall be designed to permit the ultimate connection to a municipal sanitary sewer. Measures to accomplish this may include blind tees, plugs, stubs, and sleeves placed strategically to allow for future connection to a municipal system.

5.

The density of a residential development utilizing a community wastewater utility system shall not be increased over what is otherwise permitted by the underlying zoning districts.

6.

The system shall be designed so that all developable sites within the proposed development are connected to the system. The design engineer may submit a request to exclude a specific number of sites from connecting to the system and shall include specific reasons as to why these sites are not to be connected (i.e., MDEQ or LCDPH requirements).

7.

The system shall be designed for a service life of at least 20 years.

8.

No construction or installation of a system shall be permitted between November 1 and April 15 without the written consent of the LCDC.

9.

The reserve field associated with the system shall be fully prepared by the developer during the initial installation process.

10.

If a utility building is to be provided as a part of the system, the minimum dimensions are to be 12 by 12 feet by eight feet clear internal height.

11.

A system shall be restricted to a single development project and shall not provide service to other properties and/or development projects.

12.

The area devoted to a system shall not be used to satisfy open space required by any other provisions of this Ordinance.

D.

Locational Requirements.

1.

Community wastewater utility systems are permitted by special use permit in the AR Agricultural Residential, RR Rural Residential, SR Suburban Residential, S Settlement, or LRR Limited Recreation Residential Districts.

2.

Systems shall not be allowed on unplatted or nonsite condominium land developments.

3.

The system shall be located on an area of land not encumbered by easements that are not related to the system itself.

4.

A single paved access drive shall be provided from the system to a road within the proposed development.

5.

No system may be placed within a 100-year floodplain.

6.

All aboveground and belowground components of the system shall comply with all setbacks of the particular zoning district where the system is located.

7.

In so much as is possible, community wastewater utility systems shall be located in an isolated area of the residential development.

8.

Community wastewater utility systems shall not be located within any required greenbelt.

9.

All aboveground and belowground appurtenances associated with a system shall be located within the boundaries of the proposed development.

10.

The point of discharge of a system shall be located a minimum of:

a.

Fifteen hundred feet from another approved system.

b.

Two thousand feet from an established public wellhead protection area.

c.

Two hundred feet from a wetland, or from the ordinary high-water mark of any body of water.

11.

The following minimum setbacks shall apply to the final disposal area for both active and reserve areas and to all aboveground appurtenances associated with a system.

a.

Three hundred feet from any residential dwelling or property line shared with an adjacent property.

b.

Ten feet from parking or pavement.

Note that the Planning Commission may increase any of the minimum distances noted in items 10 and 11 above should the Planning Commission find that there is reasonable potential that the system would become a nuisance to nearby residents or uses, as applicable.

E.

Site Requirements.

1.

The proposed system shall comply with all site development requirements for the particular district in which it is located.

F.

Buffering Requirements.

1.

Buffer zones shall comply with the requirements of Section 16.30.

2.

All portions of the lot containing the community wastewater utility system shall be landscaped with a combination of trees, grass, and shrubs. The spacing and type of plant materials shall be consistent with the provisions of Section 16.30 and any Township design standards then in effect. The Planning Commission may require additional landscaping to be installed on the site to ensure that the character of the residential neighborhood is maintained.

3.

Aboveground structures shall be screened using a combination of, but not limited to the following, landscaping, berms, decorative or solid fence, or masonry wall. At its discretion, the Planning Commission may require additional landscaping to screen any aboveground structure.

G.

Performance Standards.

1.

Service of the system shall occur during daylight hours except in those cases where immediate, or emergency service is required, and then service may occur at any time.

2.

All vegetation and/or landscaping on the lot containing the community wastewater system shall be maintained so as to preserve the character of the surrounding residential uses. This may include, but is not limited to, mowing and annual plantings.

3.

All above ground structures shall be tamperproof.

H.

Development Standards.

1.

All building and/or appurtenances associated with a system shall be harmonious in appearance with the surrounding structures in the development for which it is designed to service.

2.

No adverse environmental conditions such as noise, air pollution, obnoxious odors lighting or other nuisance shall be permitted.

3.

Outdoor storage shall be expressly prohibited for any system.

4.

Community wastewater utility systems shall provide adequate off-street parking for operators as well as adequate loading/unloading space for service vehicles.

I.

Effect of Approval.

1.

If a system is approved by the Township, said approval shall, under no circumstances, be construed or interpreted as an acknowledgement or representation that the Township will take control of the system at some point in the future.

2.

Prior to final approval the applicant shall sign a statement acknowledging that the Township will not accept responsibility for, or take control of, the system without a separate, subsequent action by the Township following a public meeting held for the purpose of deliberating and approving such an action.

(Amd. No. 52, § 1, 1-11-2007; Amd. No. 80, §§ 26—29, 5-11-2017)

Outdoor commercial recreation uses shall include, but need not be limited to, the following: Golf courses, golf driving ranges, country clubs, miniature golf courses, historical places, parks, playgrounds, beaches, resorts, swimming pools, campgrounds, recreational vehicle park, court game clubs and organizational camping.

A.

Locational Requirements. Outdoor commercial recreational uses are permitted by special use permit in the Agricultural Residential District.

B.

Site Requirements.

1.

The site shall be located on a public road.

2.

Minimum site area shall be three acres for miniature golf courses, golf driving ranges, swimming pools and court game clubs.

3.

Ten acres for historical places and parks.

4.

Twenty acres for all other listed outdoor commercial recreation uses.

5.

Minimum lot width shall be 600 feet.

C.

Buffering Requirements.

1.

No building shall be located within 100 feet of a lot line.

2.

Front, side and rear yards shall be at least 80 feet. The first 50 feet of such yards shall not be used for off-street parking and shall be landscaped.

3.

Whenever parking areas are adjacent to land zoned or used for residential purposes, a five-foot wall or greater shall be provided along the sides of the parking area adjacent to such residential land. The Planning Commission may allow other suitable screening in place of a wall if it determines the substitute screening would be appropriate for the area.

4.

Any side and/or rear yards required in [Subsection] C.2. above that are adjacent to land zoned or used for residential purposes shall be landscaped or otherwise buffered as determined by the Planning Commission to reduce noise, visibility and other impacts upon the residentially zoned or used land by the special use.

5.

The parcel shall be separated from any adjacent property that is zoned or used for residential purposes by a perimeter fence.

D.

Performance Standards.

1.

The applicant shall provide evidence of compliance with all appropriate federal, state, county and local permits as appropriate.

2.

Facilities shall provide off-street parking and, where applicable, passenger loading areas.

3.

Adequate stacking area shall be provided for vehicles waiting to enter the parcel where the use is located.

4.

Facilities which have a participant capacity greater than 500 people shall provide letters of review from the County Sheriff and Livingston County Road Commission with respect to the proposed project.

5.

Exterior lighting shall be installed in such a manner so that it does not impede the vision of traffic along adjacent streets.

6.

Facilities using night lighting adjoining a residentially zoned property shall deflect lighting away from these areas.

7.

Excessive dust, noise, traffic, and trespassing shall not be inflicted on adjacent properties.

8.

Outside storage shall be screened.

9.

Landscaped areas shall be maintained in a healthy condition pursuant to Section 6.13.

10.

Sites shall be periodically cleared of debris so that litter does not accumulate on adjacent properties.

11.

In no case shall a recreational accessory use exist separately from the installation and operation of the principal use. When the principal use ceases to operate, the accessory use shall immediately cease.

12.

Accessory commercial activities shall be limited to those necessary to serve only the patrons of the facility.

13.

Not more than 65 percent of the land area shall be covered by recreational uses.

14.

No temporary sanitary facility or trash receptacle shall be located within 200 feet of an existing dwelling.

15.

All sanitary facilities shall be designed and constructed in strict conformance with Livingston County Health Department regulations.

16.

Adequate trash receptacles, and disposal, shall be provided, as needed throughout the site.

17.

Operating hours for all uses shall be determined by the Planning Commission based on the nature of the use and the nuisance potential to adjoining property owners.

18.

In the case of camping facilities:

(a)

Each campsite shall contain a minimum of 1,500 square feet.

(b)

Each campsite shall be set back from any right-of-way or lot line at least 80 feet.

(c)

A common use area shall be provided at a rate of 500 square feet per campsite.

(d)

There shall be no permanent storage of tents, campers, travel trailers or mobile home units in the development unless specifically permitted.

(e)

At least one telephone shall be provided in the facility available for public use in case of an emergency.

(f)

Maximum density for campgrounds shall be 15 campsites per acre.

(g)

No more than one permanent residence shall be allowed in a campground, which shall only be occupied, by the owner, manager or an employee.

(h)

Separate toilet and bathing facilities shall be provided for each sex that meets the requirements of the state of Michigan or Livingston County Health Department. If the applicant relies upon compliance with either State or County requirement, proof of such compliance shall be provided to the Township prior to commencement of the use.

(i)

Each campsite shall have a picnic table and designated place for fires.

(Amd. No. 79, § 1, 5-14-2015)

Solar farms shall only be allowed in those districts where their use is specified as a principal special use with conditions, shall consist of a minimum of two acres and shall be subject to the following requirements:

A.

The owner of a solar farm shall provide the Planning Commission with an operations agreement, which shall set forth the operations parameters, the name and contact information of the certified operator, inspection protocol, emergency procedures and general safety documentation.

B.

Prior to the installation, the property owner shall submit a site plan as required by Article XX to the Planning Commission that includes where and how the solar farm will connect to the power grid along with the following additional information:

1.

All power transmission lines from the solar farm system to any building or other structure shall be located underground.

2.

There shall be a greenbelt screening any solar farm system and equipment associated with the system from any adjacent residences or residentially zoned property. The greenbelt shall consist of shrubbery, trees, or other non-invasive plant species that provide a visual screen.

3.

The solar farm system must be fenced in with at least a six-foot chain link fence, have a minimum setback from all property lines of 50 feet and a minimum setback of 100 feet from any residences on adjacent properties.

4.

No part of the solar farm system shall exceed the height limitations of the zoning district in which it is located.

5.

In the event a solar farm system has been abandoned (meaning not having been in operation for a period of one year), the system shall be removed by the property owner within six months from the date of abandonment.

C.

No solar farm shall be installed until evidence has been given to the Planning Commission that the electric utility company has agreed to allow the property owner to install an interconnected customer-owned generator to the grid.

D.

Utility-Scale Solar Energy Systems under PA 233. On or after November 29, 2024, once PA 233 of 2023 is in effect, the following provisions apply to Utility-Scale Solar Energy Systems with a nameplate capacity of 50 megawatts or more, which shall only be allowed in the Solar Energy System Overlay District and Renewable Energy Overlay District by special use permit. To the extent the following provisions conflict with the provisions in subsection C above ("Utility-Scale Solar Energy Systems"), the provisions below control as to such Utility-Scale Solar Energy Systems with a nameplate capacity of 50 megawatts or more. All provisions in subsection C above that do not conflict with this subsection remain in full force and effect and shall be applicable to all Utility-Scale Solar Energy Systems regardless of nameplate capacity. The following provisions do not apply if PA 233 of 2023 is repealed, enjoined, or otherwise not in effect, and do not apply to Utility-Scale Solar Energy Systems with a nameplate capacity of less than 50 megawatts.

a.

Setbacks. Utility-Scale Solar Energy Systems must comply with the following minimum setback requirements, with setback distances measured from the nearest edge of the perimeter fencing of the facility:

b.

Fencing. Fencing for the Utility-Scale Solar Energy System must comply with the latest version of the National Electric Code as November 29, 2024, or as subsequently amended.

c.

Height. Solar panel components must not exceed a maximum height of 25 feet above ground when the arrays are at full tilt.

d.

Noise. The Utility-Scale Solar Energy System must not generate a maximum sound in excess of 55 average hourly decibels as modeled at the nearest outer wall of the nearest dwelling located on an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.

e.

Lighting. The Utility-Scale Solar Energy System must implement dark sky-friendly lighting solutions.

f.

Environmental Regulations. The Utility-Scale Solar Energy System must comply with applicable state or federal environmental regulations.

g.

Host community agreement. The applicant shall enter into a host community agreement with the Township. The host community agreement shall require that, upon commencement of any operation, the Utility-Scale Solar Energy System owner must pay the Township $2,000.00 per megawatt of nameplate capacity. The payment shall be used as determined by the Township for police, fire, public safety, or other infrastructure, or for other projects as agreed to by the local unit and the applicant.

E.

If the property owner fails to remove or repair the defective or abandoned system, the Township may pursue legal action to have the system removed and assess its cost to the tax roll. The applicant shall be responsible for the payment of any costs and attorney's fees incurred by the Township in securing removal of the structure(s).

(Amd. No. 84, § 4, 11-9-2017; Ord. No. 2024-02, § 2, 7-9-2024)

A.

General Provisions. All Utility-Scale Battery Energy Storage Systems are subject to the following requirements:

1.

All Utility-Scale Battery Energy Storage Systems must conform to the provisions of this Ordinance and all county, state, and federal regulations and safety requirements, including applicable building codes, applicable industry standards, and NFPA 855 "Standard for the Installation of Stationary Energy Storage Systems".

2.

The Township Planning Commission may issue a "stop work" order or order to cease operations to any Utility-Scale Battery Energy Storage System that does not comply with this Ordinance.

3.

Utility-Scale Battery Energy Storage Systems are permitted in the Township as a special use in the following zoning districts:

a.

Light Industrial LI;

b.

Renewable Energy Overlay District.

B.

Application Requirements. The applicant for a Utility-Scale Battery Energy Storage System must provide the Township with all of the following:

1.

Application fee in an amount set by resolution of the Township Board.

2.

A list of all parcel numbers that will be used by the Utility-Scale Battery Energy Storage System; documentation establishing ownership of each parcel; and any lease agreements, easements, or purchase agreements for the subject parcels.

3.

An operations agreement setting forth the operations parameters, the name and contact information of the operator, the applicant's inspection protocol, emergency procedures, and general safety documentation.

4.

Current photographs of the subject property.

5.

A site plan that includes all proposed structures and the location of all equipment, as well as all setbacks, the location of property lines, signage, fences, greenbelts and screening, drain tiles, easements, floodplains, bodies of water, proposed access routes, and road rights-of-way. The site plan must be drawn to scale and must indicate how the Utility-Scale Battery Energy Storage System will be connected to the power grid.

6.

A copy of the applicant's power purchase agreement or other written agreement with an electric utility showing approval of an interconnection with the proposed Utility-Scale Battery Energy Storage System.

7.

A written plan for maintaining the subject property, including a plan for maintaining and inspecting drain tiles and addressing stormwater management, which is subject to the Township's review and approval.

8.

A decommissioning and land reclamation plan describing the actions to be taken following the abandonment or discontinuation of the Utility-Scale Battery Energy Storage System, including evidence of proposed commitments with property owners to ensure proper final reclamation, repairs to roads, and other steps necessary to fully remove the Utility-Scale Battery Energy Storage System and restore the subject parcels, which is subject to the Township's review and approval.

9.

Financial security that meets the requirements of this Section, which is subject to the Township's review and approval.

10.

A plan for resolving complaints from the public or other property owners concerning the construction and operation of the Utility-Scale Battery Energy Storage System, which is subject to the Township's review and approval.

11.

A plan for managing any hazardous waste, which is subject to the Township's review and approval.

12.

A fire protection plan, which identifies the fire risks associated with the Utility-Scale Battery Energy Storage System; describes the fire suppression system that will be implemented; describes what measures will be used to reduce the risk of fires re-igniting (i.e., implementing a "fire watch"); identifies the water sources that will be available for the local fire department to protect adjacent properties; identifies a system for continuous monitoring, early detection sensors, and appropriate venting; and explains all other measures that will be implemented to prevent, detect, control, and suppress fires and explosions.

13.

A transportation plan for construction and operation phases, including any applicable agreements with the County Road Commission and Michigan Department of Transportation, which is subject to the Township's review and approval.

14.

An attestation that the applicant will indemnify and hold the Township harmless from any costs or liability arising from the approval, installation, construction, maintenance, use, repair, or removal of the Utility-Scale Battery Energy Storage System, which is subject to the Township's review and approval.

15.

Proof of environmental compliance, including compliance with Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act; (MCL 324.3101 et seq.; Part 91, Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.) and any corresponding County ordinances; Part 301, Inland Lakes and Streams, (MCL 324.30101 et seq.); Part 303, Wetlands (MCL 324.30301 et seq.); Part 365, Endangered Species Protection (MCL324.36501 et seq.); and any other applicable laws and rules in force at the time the application is considered by the Township.

16.

Any additional information or documentation requested by the Planning Commission, Township Board, or other Township representative.

C.

System and Location Requirements.

1.

Minimum Acreage. Utility-Scale Battery Energy Storage Systems must be located on parcels of land 40 acres in size or larger.

2.

Lot Area Coverage. No more than 40 percent of the total lot area may be covered by a Utility-Scale Battery Energy Storage System.

3.

Setbacks. Utility-Scale Battery Energy Storage Systems must be set back at least 500 feet from all lot lines and public road rights-of-way. If a single Utility-Scale Battery Energy Storage System is located on more than one lot, then the lot-line setbacks of this subsection do not apply to the lot lines shared by those lots.

4.

Screening. Greenbelt screening is required around any Utility-Scale Battery Energy Storage System and around any equipment associated with the system to obscure, to the greatest extent possible, the Utility-Scale Battery Energy Storage System from any adjacent residences. The greenbelt must consist of shrubbery, trees, or other non-invasive plant species that provide a visual screen. In lieu of a planting greenbelt, a decorative fence that is at least 50 percent opaque and that meets the requirements of this Ordinance applicable to fences may be used if approved by the Planning Commission.

5.

Lighting. Lighting of the Utility-Scale Battery Energy Storage System is limited to the minimum light necessary for safe operation. Illumination from any lighting must not extend beyond the perimeter of the lot(s) used for the Utility-Scale Battery Energy Storage System. The Utility-Scale Battery Energy Storage System must not produce any glare that is visible to neighboring lots or to persons traveling on public or private roads.

6.

Security Fencing. Security fencing must be installed around all electrical equipment related to the Utility-Scale Battery Energy Storage System. Appropriate warning sings must be posted at safe intervals at the entrance and around the perimeter of the Utility-Scale Battery Energy Storage System.

7.

Noise. The noise generated by a Commercial Utility-Scale Battery Energy Storage System must not exceed 40 dBA Lmax/A-weighted scale, as measured at the property line of any adjacent parcel/nearest outer wall of the nearest dwelling located on an adjacent nonparticipating property.

8.

Underground Transmission. All power transmission or other lines, wires, or conduits from a Utility-Scale Battery Energy Storage System to any building or other structure must be located underground at a depth that complies with current National Electrical Code standards, except for power switchyards or the area within a substation.

9.

Drain Tile Inspections. The Utility-Scale Battery Energy Storage System must be maintained in working condition at all times while in operation. The applicant or operator must inspect all drain tile at least once every three years by means of robotic camera, with the first inspection occurring before the Utility-Scale Battery Energy Storage System is in operation. The applicant or operator must submit proof of the inspection to the Township. The owner or operator must repair any damage or failure of the drain tile within 60 days after discovery and submit proof of the repair to the Township. The Township is entitled, but not required, to have a representative present at each inspection or to conduct an independent inspection.

10.

Fire Protection.

a.

Before any construction of the Utility-Scale Battery Energy Storage System begins, the Township's fire department (or fire department with which the Township contracts for fire service) will review the fire protection plan submitted with the application under Section (B)(12) above. The fire chief will determine whether the fire protection plan adequately protects the Township's residents and property and whether there is sufficient water supply to comply with the fire protection plan and to respond to fire or explosion incidents. If the fire chief determines that the plan is adequate, then the fire chief will notify the Township Supervisor of that determination. If the fire chief determines that the plan is inadequate, then the fire chief may propose modifications to the plan, which the applicant or operator of the Utility-Scale Battery Energy Storage System must implement. The fire chief's decision may be appealed to the Township Board, and the Township Board will hear the appeal at an open meeting. The Township Board may affirm, reverse, or modify the fire chief's determination. The Township Board's decision is final, subject to any appellate rights available under applicable law.

b.

The applicant or operator may amend the fire protection plan from time-to-time in light of changing technology or other factors. Any proposed amendment must be submitted to the fire department for review and approval under subsection (a).

c.

The Utility-Scale Battery Energy Storage System must comply with the fire protection plan as approved by the fire chief (or as approved by the Township Board in the event of an appeal).

11.

Insurance. The applicant or operator will maintain property/casualty insurance and general commercial liability insurance in an amount of at least $5,000,000.00 per occurrence.

12.

Permits. All required county, state, and federal permits must be obtained before the Utility-Scale Battery Energy Storage System begins operating.

13.

Decommissioning. If a Utility-Scale Battery Energy Storage System is abandoned or otherwise nonoperational for a period of one year, the property owner or the operator must notify the Township and must remove the system within 90 days after the date of abandonment. Removal requires receipt of a demolition permit from the Building Official and full restoration of the site to the satisfaction of the Zoning Administrator. The site must be filled and covered with top soil and restored to a state compatible with the surrounding vegetation. The requirements of this subsection also apply to a Utility-Scale Battery Energy Storage System that is never fully completed or operational if construction has been halted for a period of 180 days.

14.

Financial Security. To ensure proper decommissioning of a Commercial Utility-Scale Battery Energy Storage System upon abandonment, the applicant must post financial security in the form of a security bond, escrow payment, or irrevocable letter of credit in an amount equal to 125 percent of the total estimated cost of decommissioning, code enforcement, and reclamation, which cost estimate must be approved by the Township. The operator and the Township will review the amount of the financial security every two years to ensure that the amount remains adequate. This financial security must be posted within 15 business days after approval of the special use application.

15.

Extraordinary Events. If the Utility-Scale Battery Energy Storage System experiences a failure, fire, leakage of hazardous materials, personal injury, or other extraordinary or catastrophic event, the applicant or operator must notify the Township within eight hours.

16.

Annual Report. The applicant or operator must submit a report on or before November 1 of each year that includes all of the following:

a.

Current proof of insurance;

b.

Verification of financial security; and

c.

A summary of all complaints, complaint resolutions, and extraordinary events; and

d.

Written notice of any change or addition of equipment.

17.

Inspections. The Township may inspect a Utility-Scale Battery Energy Storage System at any time by providing 24 hours' advance notice to the applicant or operator.

18.

Transferability. A special use permit for a Utility-Scale Battery Energy Storage System is transferable to a new owner. The new owner must register its name and business address with the Township and must comply with this Ordinance and all approvals and conditions issued by the Township.

19.

Remedies. If an applicant or operator fails to comply with this Ordinance, the Township, in addition to any other remedy under this Ordinance, may revoke the special use permit and site plan approval after giving the applicant or operator notice and an opportunity to be heard. Additionally, the Township may pursue any legal or equitable action to abate a violation and recover any and all costs, including the Township's actual attorney fees and costs.

20.

Height Restriction. Containers shall be stacked on top of each other. Container must be in a single layer only and limited to the average industry standard height for a storage container.

21.

Complaint resolution. Utility-Scale Battery Energy Storage Systems shall provide a complaint resolution process, as described below:

a.

The site shall have signs posted with contact information to collect complaints related to the Utility-Scale Battery Energy Storage System.

b.

A log shall be kept by the owner/operator of all complaints received and shall be available to Township officials for review at the Township's request.

c.

The owner/operator shall respond to complainants within ten business days and shall provide notification to the Zoning Administrator.

d.

Any resolution shall include lawful and reasonable solutions consistent with the Zoning Ordinance, which shall also be provided to the Zoning Administrator.

e.

The owner/operator or its assigns reserve the right to adjudicate any claims made against it, including residential claims, in a court of competent jurisdiction. An annual report shall be submitted to the Zoning Administrator and the Township Board that details all complaints received, the status of complaint resolution, and actions taken to mitigate complaints.

D.

Utility-Scale Battery Energy Storage Systems under PA 233. On or after November 29, 2024, once PA 233 of 2023 is in effect, then the following provisions apply to Utility-Scale Battery Energy Storage Systems with a nameplate capacity of 50 megawatts or more and an energy discharge capability of 200 megawatt hours or more. To the extent these provisions conflict with the provisions in subsections A through C above, these provisions control as to such Utility-Scale Battery Energy Storage Systems. This subsection does not apply if PA 233 is repealed, enjoined, or otherwise not in effect and does not apply to Utility-Scale Battery Energy Storage Systems with a nameplate capacity of less than 50 megawatts and an energy discharge capability of less than 200 megawatt hours. All provisions in subsections A-C above that do not conflict with this subsection remain in full force and effect.

1.

Setbacks. Utility-Scale Battery Energy Storage Systems must comply with the following minimum setback requirements, with setback distances measured from the nearest edge of the perimeter fencing of the facility:

2.

NFPA Standard. Utility-Scale Battery Energy Storage Systems must comply with the version of NFPA 855 "Standard for the Installation of Stationary Energy Storage Systems" in effect on the effective date of the amendatory act that added this section or any applicable successor standard adopted by the commission as reasonable and consistent with the purposes of this subdivision.

3.

Noise. The Utility-Scale Battery Energy Storage System must not generate a maximum sound in excess of 55 average hourly decibels as modeled at the nearest outer wall of the nearest dwelling located on an adjacent nonparticipating property. Decibel modeling shall use the A-weighted scale as designed by the American National Standards Institute.

4.

Lighting. The Utility-Scale Battery Energy Storage System must implement dark sky-friendly lighting solutions.

5.

Environmental Regulations. The Utility-Scale Battery Energy Storage System must comply with applicable state or federal environmental regulations.

6.

Host community agreement. The applicant shall enter into a host community agreement with the Township. The host community agreement shall require that, upon commencement of any operation, the Utility-Scale Battery Energy Storage System owner must pay the Township $2,000.00 per megawatt of nameplate capacity. The payment shall be used as determined by the Township for police, fire, public safety, or other infrastructure, or for other projects as agreed to by the local unit and the applicant.

(Ord. No. 2024-03, § 2, 7-11-2024)