The intent of this Article is to recognize that there are certain conditions concerning land uses that warrant specific exceptions, regulations or standards in addition to the requirements of the zoning district in which they are permitted to be located.

(Ord. of 11-12-1987, § 16.01)

(Ord. of 11-12-1987, § 16.02)

(Ord. of 11-12-1987, § 16.03)

In conforming to land and yard requirements, no area shall be counted as accessory to more than one dwelling or main building.

(Ord. of 11-12-1987, § 16.04)

Every dwelling, cottage, cabin, occupied trailer coach or mobile home, erected outside of a mobile home or trailer coach park shall be located on a lot or site, and no more than one such dwelling shall be erected on such lot or site, except as otherwise provided in this Ordinance.

(Ord. of 11-12-1987, § 16.05)

Accessory buildings, except as otherwise permitted in this Ordinance, shall be subject to the following regulations:

A.

Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this Ordinance applicable to the main building.

B.

Accessory buildings may be located in any yard, except in the required front and side yard setbacks.

C.

An accessory building shall not exceed three times the gross floor area of the main building in the AR, WRD, and RD Districts, and in all other districts the accessory building shall not exceed the gross floor area of the main building.

D.

No detached accessory building shall be located closer than ten feet to any main building nor shall it be located closer than 15 feet to any side or rear lot line. In those instances where the rear lot line is in common with an alley right-of-way the accessory building shall not be closer than one foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement or right-of-way.

E.

No detached accessory building in all zoning districts shall exceed 25 feet in height.

F.

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

G.

A permit to construct an accessory building to a single-family residential dwelling on a lot or parcel prior to the construction of the single-family dwelling may be issued by the Planning Commission upon proper application and subject to the following conditions:

1.

The single-family residential dwelling must be completed and the certificate of occupancy issued no later than two years from the date of issuance of the permit for the accessory building.

2.

No more than one accessory building shall be allowed under said permit and the applicant shall submit a copy of the proposed floor plan of the residential dwelling indicating the total square footage which the dwelling will consist of.

3.

The accessory building shall be used for no other purpose than the storage of personal property belonging to the owner(s) of the lot or parcel and shall not exceed 960 square feet in size.

4.

The permit shall only be issued to the owner of the lot or parcel who will also be the occupant of the completed single-family residential dwelling.

5.

There shall be no outside storage during the term of the permit and after the completion of the dwelling outside storage will only be allowed in conformance with the terms of this Ordinance.

6.

The applicant shall post with the Township Clerk a financial guarantee as determined by the Township Board in its schedule of fees and costs in cash, certified check or money order payable to the order of the Township to ensure compliance with the terms of the Zoning Ordinance, the permit referred to herein, and the completion of the single-family residential dwelling. In the event the applicant fails to comply with the terms of the permit, the terms of the Zoning Ordinance during the time of the permit, or fails to complete the single-family residential dwelling in the applicable time, then the financial guarantee, at the Township's sole discretion, shall be forfeited and applied toward any and all expenses incurred by the Township in enforcing the Ordinance, which could include seeking injunctive relief for the removal of the accessory building; or applied to other expenses incurred by the Township as a result of the violation of the terms of the permit, the Zoning Ordinance, or the failure to complete the home within the prescribed time period. The financial guarantee will be returned after the applicant has obtained a certificate of occupancy within the time period required hereunder and after authorization by the Planning Commission for the return of the financial guarantee after finding the applicant is in compliance with the permit and the Zoning Ordinance.

7.

Absolutely no commercial storage or commercial activity of any kind shall occur on the premises or within the accessory building.

8.

The accessory building shall not be used for human habitation at any time.

9.

The applicant, as part of the permit application, shall submit a detailed plot plan and ensure that sufficient information is provided with the land use permit application to enable the Planning Commission to determine that the construction of the accessory building and the single-family residential dwelling will be in complete compliance with the requirements of the Zoning Ordinance especially in regard to setbacks, building size, building location, etc.

10.

A permit for an accessory building that exceeds 960 square feet shall not be issued until the single family dwelling has reached the stage of construction where all windows and doors are installed and the roofing and exterior of the dwelling have been completely finished.

(Ord. of 11-12-1987, § 16.06; Amd. No. 14-1, § 1, 12-9-1993; Amd. No. 16, § 1, 9-9-1993; Amd. No. 43, § 4, 10-14-2004; Amd. No. 68, §§ 1, 2, 5-12-2011; Amd. No. 78, § 2, 5-14-2015)

No required yard surrounding a dwelling, building or structure utilized for dwelling purposes, except farm dwellings, shall be used, occupied or obstructed by accessory buildings or structures, either permanently or temporarily; provided, however, that a side or rear yard or driveway may be used for the parking of passenger automobiles in active service. No outdoor storage or parking of commercial vehicles shall be permitted unless such vehicle is necessary to the function of the permitted use of the premises on which it is located or necessary to an occupation of an occupant of the premises, provided that such vehicle be parked entirely within a driveway, side or rear yard or completely enclosed within a structure. The location, parking, disposition, storage, deposit, repair, or dismantling in whole or in part of junked or inoperative vehicles, machinery, secondhand building materials, or other discarded, disused or rubbish-like materials or structures are not permitted in any yard.

(Ord. of 11-12-1987, § 16.07; Amd. No. 10, § 1, 5-13-1993)

Every building erected, altered, or moved shall be located on a lot as defined herein, and there shall be no more than one principal building and its permitted accessory structures located on each lot.

(Ord. of 11-12-1987, § 16.08)

No building or structure on the same lot with a principal building shall be used for dwelling purposes, except as specifically permitted in this Ordinance.

(Ord. of 11-12-1987, § 16.09)

No basement structure shall be used for human occupancy unless a completed story is situated immediately above the basement structure and is used as a dwelling, except underground homes designed and built in accordance with the Michigan State Construction Code.

(Ord. of 11-12-1987, § 16.10)

Any building that has been partially destroyed by fire or is in such a state of disrepair as to be uninhabitable and a hazard to the public health and safety shall either be entirely removed or repaired within 12 months from the date of the occurrence of the damage.

(Ord. of 11-12-1987, § 16.11)

(Ord. of 11-12-1987, § 16.12)

Any lot of record created prior to the effective date of this Ordinance without any frontage on a public road or way shall not be occupied, except where access to a public road or way is provided by a public or private easement or other right-of-way no less than 20 feet in width.

(Ord. of 11-12-1987, § 16.13)

A.

In any zoning district, every use, building, or structure established after the effective date of this Ordinance shall be on a lot or parcel that fronts upon a public road right-of-way that meets all of the requirements for road construction specified by the Livingston County Road Commission, or upon a legal, existing private road recognized by the Township, or upon a private road that meets the requirements of Sections 16.44 and 16.45. The minimum road frontage for all lots in all districts shall be 120 feet, except for settlement districts, or when public sewer or water become available, then lot frontage on such roads shall not be less than 80 feet; however, all commercial developments shall have the required frontage on a public road right-of-way.

B.

A single lot or parcel which lacks the road frontage specified in Subsection A above may be served by a private driveway, provided that the easement for the driveway is a minimum of 66 feet in width, and said driveway must meet the minimum requirements specified in Section 16.39 of this Zoning Ordinance.

(Ord. of 11-12-1987, § 16.14; Amd. No. 9, 12-10-1992; Amd. No. 29, § 1, 8-8-1996; Amd. No. 31, § 2, 1-9-1997)

No fence, wall, hedge, screen, sign, structure, vegetation or planting shall be higher than three feet above road grade on any corner lot or parcel in any zoning district requiring front and side yards within the triangular area formed by the intersecting road right-of-way lines and a straight line joining the two road lines at points which are 30 feet distant from the point of intersection, measured along the road right-of-way lines or as required by the County Road Commission, whichever is greater.

(Ord. of 11-12-1987, § 16.15)

Whenever any road, alley or other public way is vacated by official action, the zoning district adjoining each side of such public way shall automatically be extended to the center of such vacation, and all area included therein shall henceforth be subject to all appropriate regulations of that district within which such area is located.

(Ord. of 11-12-1987, § 16.16)

The height requirements established by this Ordinance shall apply uniformly in each zoning district to every building and structure except that the following structures and appurtenances shall be exempt from the height requirements of this Ordinance: spires, belfries, penthouses and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads, utility poles, power lines, radio, television and other communication broadcasting and receiving antennae not directly linked to residential structures, silos, wind-driven electricity generators, parapets and other necessary mechanical appurtenances; provided, their location shall conform where applicable to the requirements of the Federal Communications Commission, the Michigan Aeronautics Commission, other public authorities having jurisdiction and any regulations established by authorized State, County and Township agencies and the provisions of Public Act No. 23 of 1950 (Ex. Sess.) (MCL 259.431 et seq.), the Airport Zoning Act.

(Ord. of 11-12-1987, § 16.17)

(Ord. of 11-12-1987, § 16.18)

A.

Essential services shall include the erection, construction, alteration or maintenance by public utilities, municipal departments, or other governmental agencies of underground or overhead gas, electrical, communication, steam, or water transmission or distribution systems or collection, supply or disposal systems, including electric power stations, relay stations, gas regulator stations, pumping stations, poles, wires, mains, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police or other call boxes, traffic signals, hydrants and other similar facilities, equipment and accessories in connection therewith reasonably necessary for furnishing adequate service by such utilities or agencies, or for the public health or safety or general welfare; but not including offices and buildings or yards used for bulk storage, fabrication, or manufacture of materials used by such utilities or municipal departments or other governmental agencies. No such building constructed as a part of an essential service shall be used for human occupancy.

B.

The surface of land used for pipeline rights-of-way shall be restored and maintained as near as possible to its original conditions prior to the construction of the pipeline.

C.

Essential service in all districts shall meet the requirements of the SR Residential District for all buildings, structures and areas used for offices, power generators, power transformers, storage, fabrication or manufacture of materials necessary to the provision of essential services.

(Ord. of 11-12-1987, § 16.19)

Private pools shall be permitted as an accessory use within the rear and side yards only, provided they meet the following requirements:

A.

There shall be a distance of not less than 20 feet between the adjoining property line and outside of the pool wall.

B.

There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

C.

No swimming pool shall be located less than 50 feet from any front lot line.

D.

If electrical service drop conductors or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation of wires before a permit shall be issued for the construction of a swimming pool.

E.

No swimming pool shall be located in an easement.

F.

For the protection of the public, all yards containing swimming pools shall be completely enclosed by a fence not less than four feet in height. The gate shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods. Provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the Zoning Administrator upon inspection and approval.

G.

If the swimming pool is elevated above grade level by at least four feet and has a folding stairway or self-locking gate, no fencing is required.

(Ord. of 11-12-1987, § 16.20)

Home occupations shall be permitted in all detached single-family residential dwellings and include such customary home occupations as hairdressing, millinery, dressmaking, bookkeeping and accounting service, real estate and insurance sales, professional offices and other similar occupations, and other home occupations legally operating in detached single-family homes at the time of adoption of this Zoning Ordinance.

A.

The nonresidential use shall be only incidental to the primary residential use.

B.

The occupation shall utilize no more than 25 percent of the ground floor area of the principal structure.

C.

Only normal domestic or household equipment and equipment characteristic of small workshops, businesses and professional offices shall be used to accommodate the home occupation.

D.

The home occupation shall involve no more than one employee other than members of the immediate family.

E.

All activities shall be carried on indoors. No outdoor activities or storage shall be permitted.

F.

No alterations, additions, or changes to a principal structure that will change the residential character of the dwelling structure shall be permitted in order to accommodate or facilitate a home occupation.

G.

There shall be no external evidence of such occupations, except a small announcement sign not to exceed two square feet in area in an RR, SR, or S District. Ten square feet in area shall be permitted in the AR District and such sign is not required to be attached to the principal structure.

H.

The permission for home occupations as provided herein is intended to secure flexibility in the application of the requirements of this Ordinance; but such permission is not intended to allow the essential residential character of residential districts, in terms of use and appearance, to be changed by the occurrence of home occupations.

I.

A home occupation may be conducted in an accessory structure only in compliance with the following:

1.

In an accessory structure, or that portion of the accessory structure, that does not exceed 50 percent of the gross floor area of the principal structure.

2.

In an accessory structure located on the same parcel as the principal structure provided the home occupation use is being conducted by a person residing in the principal structure as their primary residence.

J.

Medical Marihuana. The purpose and intent of this Ordinance is to allow for the controlled medical use of medical marihuana pursuant to Initiated Law 1 of 2008, MCL 333.26421, as may be amended from time to time. The only use allowed in Cohoctah Township under Initiated Law 1 of 2008 is as set forth herein. No other use of medical marihuana, express or implied, is allowed except as set forth below.

1.

A registered primary caregiver, in compliance with the General Rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, P.A. 2008, Initiated Law, MCL 333.26423(d) and the requirements of this Article, shall be allowed as a home occupation. Nothing in this Article, or in any companion regulatory provision adopted in any other provision of this Ordinance, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that Act and the General Rules. Also, since Federal law is not affected by that Act or the General Rules, nothing in this Article, or in any companion regulatory provision adopted in any other provision of this Ordinance, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law. The Michigan Medical Marihuana Act does not protect users, caregivers or the owners of properties on which the medical use of marihuana is occurring from Federal prosecution, or from having their property seized by Federal authorities under the Federal Controlled Substances Act. The following requirements for a registered primary caregiver shall apply:

a.

The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

b.

A registered primary caregiver must be located outside of a 1,000-foot radius from any school, including child care or day care facility, to insure community compliance with Federal "Drug-Free School Zone" requirements.

c.

Not more than one primary caregiver shall be permitted to service qualifying patients on a parcel.

d.

Not more than five qualifying patients shall be assisted with the medical use of marihuana.

e.

All medical marihuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient. For purposes of this subsection, a "main building" means either the residential dwelling of the primary caregiver or patient, or the accessory structure located on the same parcel as the residential dwelling of the primary caregiver or patient.

f.

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marihuana are located.

g.

If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 p.m. to 7:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.

(Ord. of 11-12-1987, § 16.21; Amd. No. 69, § 1, 1-12-2012; Amd. No. 81, §§ 15, 16, 5-11-2017; Amd. of 4-23-2021)

(Ord. of 11-12-1987, § 16.21B; Amd. No. 1, 8-11-1988; Amd. No. 14-2, §§ 4, 5, 3-11-1993)

Temporary buildings and structures are permitted during the period of construction, and sales involving change of ownership or rental occupancy. Such buildings and structures shall be removed upon completion or abandonment of construction, sale or rental activities and prior to occupancy and use of the building or structure for permitted uses. Prior to the issuance of a permit for temporary buildings and structures the applicant must deposit a financial guaranty with the Township in accordance with Section 16.22B.

(Ord. of 11-12-1987, § 16.22A; Amd. No. 5, § 1, 12-13-1990)

Whenever this Ordinance requires the posting of a financial guaranty prior to the issuance of a permit for a temporary building or structure, or as may otherwise be required by this Ordinance, the applicant shall deposit with the Township Clerk, as the financial guaranty, a cash deposit in such amount as is determined by the Township Board's schedule of fees, charges and expenses for such permits and as may be amended from time to time.

(Ord. of 11-12-1987, § 16.22B; Amd. No. 5, § 2, 12-13-1990)

All truck-lifted or transported solid waste receptacle areas shall be enclosed by a six-foot high wooden or masonry wall to prevent the unsightly deposit or collection of solid waste and to prevent children and pets from having access to these areas. Receptacle areas shall be located in either the side or rear yard only.

(Ord. of 11-12-1987, § 16.23)

All sources of lighting for parking areas or for the external illumination of buildings or grounds or for the illumination of signs shall be directed away from and shall be shielded from adjacent residential districts, and shall also be so arranged as to not affect driver visibility adversely on adjacent public roads and highways. Lighting of parking areas is required when the number of parking spaces is more than five.

(Ord. of 11-12-1987, § 16.24)

In driveway entrances, gateway structures, including, but not limited to, walls, columns and gates, marking driveway entrances to private or public uses may be permitted and may be located in a required yard, except as provided in Section 16.15, "Visibility at intersections," provided that such entranceway structures shall comply with all codes and ordinances of the Township and County and shall be approved by the Zoning Administrator.

(Ord. of 11-12-1987, § 16.25)

In order to promote efficient use of thoroughfares and to decrease hazardous traffic conditions, the following regulations shall apply to all uses permitted in NSC, and LI Districts fronting on major intercommunity and local arterials as defined and designated, except for existing developments and uses located upon lots and parcels of record and single lots and parcels described by metes and bounds on file with the County Register of Deeds.

A.

Connection service roads shall be required between parking areas on adjacent land uses.

B.

Owners of all property shall submit to the Township a properly executed and witnessed license agreement which gives the Township Board the authority to open and close service roads and driveways whenever necessary in order to guarantee to the satisfaction of the Township Board a safe and efficient movement to traffic. The said license shall be recorded in the office of the County Register of Deeds. Acceptance of the said license shall, in no way, obligate the Township to build, repair, maintain or clear the said service roads or parking areas and no public funds may be spent by the Township Board to build, repair, maintain, or close the said service roads and/or parking areas. The intent of this Subsection is to allow the Township to enforce its traffic ordinance or promote traffic safety on the said service roads and parking areas, and otherwise facilitate the safe and efficient movement of traffic thereon.

C.

No less than two driveways that meet the requirements of this Ordinance for commercial driveways as defined in Section 2.02, shall be available to such coordinated parking areas and service road systems; provided that said driveways shall be at least 300 feet apart and have appropriate designated acceleration and deceleration lanes; provided further, this requirement may be lessened or eliminated by the Planning Commission where the applicant shows the needs of a particular use do not require it and that traffic hazards will not be increased if these requirements are lessened or eliminated.

D.

All requirements shall apply only to the full width of the developed portion of a lot or parcel or when developed adjacent to an existing use. The purpose of this Subsection is to minimize the length of service roads in relation to the actual developed area of a lot or parcel and the number of parking spaces, and to promote their construction as they are needed.

E.

Parking lots, driveways and service roads shall at least be surfaced with processed road gravel and maintained in a usable dust-free condition.

F.

Parking area layout shall follow standards prescribed in this Ordinance.

(Ord. of 11-12-1987, § 16.26; Amd. No. 81, §§ 17, 29, 5-11-2017)

Outdoor parking and storage of not more than three motorhomes, truck campers, travel trailers, and boats on residential lot and parcels in RD, WRD, AR, RR, SR, S, and LRR Zoning Districts shall be permitted provided that such units shall be completely within the side or rear yard unless completely enclosed within a structure.

(Ord. of 11-12-1987, § 16.27; Amd. No. 1, 8-11-1988; Amd. No. 81, § 18, 5-11-2017)

Temporary use of an existing land site, building or structure may be permitted in any district upon approval of the Planning Commission, and upon finding that the location of such an activity will not adversely affect public health, safety and general welfare in the district in which it is to be temporarily located. All temporary uses, if approved by the Planning Commission, shall have a reasonable time limit placed upon their use based upon the normal periods of time such uses need to exist for an expressed number of days authorized by the Planning Commission. Temporary uses may be granted a permit on the basis of compliance with the criteria stated in Article XX, "Site Plan Review Procedures."

(Ord. of 11-12-1987, § 16.28; Amd. No. 44, § 1, 3-10-2005)

A.

The erection, construction, or alteration of all fences or other types of protective barriers shall be approved through permit by the Zoning Administrator as to their conforming to the requirements of the zoning districts wherein they are required because of land use development.

B.

Fences in RD, WRD, and AR Districts are exempt from the provisions of this Section, except when required for specific principal or accessory uses and special uses.

C.

Any existing fence not in conformance with this Ordinance shall not be altered or modified, except to make it more conforming.

D.

Fences that are not specifically required otherwise under the regulations for the individual zoning districts shall conform to the following requirements:

1.

No fence shall hereafter be erected along the line dividing lots or parcels of land in the rear yard in excess of eight feet in height. No fence shall hereafter be erected along, or parallel to, the side lot line dividing lots or parcels of land in excess of six feet in height. Fences in front yards shall meet the requirements as provided in Subsection D.4 of this Section.

2.

Barbed wire, spikes, nails or any other sharp point or instrument of any kind on top or on the sides of any fence and electric current or charge in said fences are prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or communication towers or where ever deemed necessary in the interests of public safety.

3.

In an LI District, no fence shall exceed 12 feet in height.

4.

Fences on all lots in an RR, SR, S, LRR or NSC District that extend toward the front of the lot, past the front line of the main building, shall not exceed four feet in height.

5.

No fence or structure shall be erected, established, or maintained on any corner lot that will obstruct the view of a vehicle approaching the intersection or otherwise not comply with the requirements of Section 16.15.

(Ord. of 11-12-1987, § 16.29; Amd. No. 39, §§ 3, 4, 12-11-2003; Amd. No. 81, §§ 19, 20, 5-11-2017)

In order to provide adequate protective screening for residential areas adjacent to or near nonresidential areas, the following regulations shall apply:

A.

Where an NSC and LI District abuts directly upon an AR, RD, WRD, RR, SR, and S residentially zoned Districts, or residentially used property in any district, a landscaped greenbelt as defined below shall be provided and maintained along its entire length by the users of the said business, commercial, or industrial zoned property. In addition, the latter mentioned districts shall be screened from such contiguous, residentially zoned district by either a building which houses a permitted use, or else by a solid masonry wall at least six feet but not more than eight feet in height above grade, between said greenbelt area and the business, commercial or industrial use. Such greenbelt shall be a strip of land not less than 20 feet in width which is planted and maintained with evergreens such as spruce, pines or firs from five to six feet in height, so as to create a permanent buffer; or a hedge of evergreens not less than four feet in height, so as to create a permanent buffer. These plants shall be planted and shall reach such required height within five years of approval of the site plan or development by the Township. The remainder of the landscaped area that is not planted with the aforementioned stock shall be in a well-kept lawn. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. Such walls for shielding off-street parking or storage areas shall not be required when such areas are located more than 200 feet from such abutting residential use or district.

B.

Required walls shall be located on, but not extend beyond, the property line, unless otherwise approved by the Planning Commission. Such walls may, upon approval by the Planning Commission, be located on the opposite side of an alley right-of-way from a nonresidential district that abuts a residential district whenever the affected owners also agree. When vehicles or open-air displays generally exceed a five-foot height, said wall shall be increased to a height not exceeding ten feet, providing further that all such walls shall be of uniform height around the premises and the design of such wall is approved by the Planning Commission as part of site plan approval.

C.

Required walls shall have no openings for vehicular traffic or other purposes, except as otherwise approved by the Planning Commission. Masonry walls, however, may be constructed with small, dispersed openings that do not collectively exceed 20 percent of the wall surface in area. The arrangements of such openings shall be subject to approval by the Planning Commission as part of site plan approval.

(Ord. of 11-12-1987, § 16.30; Amd. No. 81, §§ 21, 22, 5-11-2017)

A.

Recreational Vehicles as Temporary Dwellings. Travel trailers, motor homes and recreational vehicles shall be permitted when parked by visitors in a side or rear yard of a permitting dwelling owner or lessee without charge, upon application by the owner for the issuance of a "Temporary Permit" by the Zoning Administrator. Application shall be made within 14 days after the date of arrival. The property owner or lessee shall present with the application a written agreement to furnish the occupants of the travel trailer, motorhome or recreational vehicle with sanitary facilities for approval by the Township. A "Temporary Permit" may only be issued to one travel trailer, motorhome or recreational vehicle at a time in any one location and shall be valid for a maximum period of 30 days. Extensions of time shall not be permitted and the travel trailer, motorhome or recreational vehicle shall be removed from the property on or before the 30th day of the permit period or the applicant will be responsible to the Township for any and all costs incurred by the Township in having the travel trailer, motor home or recreational vehicle removed from the property.

B.

Temporary Dwellings. A temporary dwelling permit may be issued by the Zoning Administrator and Township Supervisor to permit a mobile home to be placed on the property upon written application of the property owner to allow the construction of a new, single-family dwelling, or necessary repair when the original dwelling is destroyed or rendered not habitable by fire, collapse, explosion, natural disaster or weather event. A temporary dwelling permit issued under this Section shall expire one year from the date of its issuance. An extension not to exceed one year may be issued by the Planning Commission, upon good cause being shown. The temporary dwelling must be located to comply with all setbacks in the district where it is located, must obtain any required permits from other state or county regulatory agencies and the owner must post a financial guarantee as required by Section 16.22B of this Ordinance.

(Ord. of 11-12-1987, § 16.31; Amd. No. 50, § 2, 9-14-2006; Amd. No. 81, § 23, 5-11-2017)

The finished surface of the ground areas outside the walls of any building constructed or altered shall be so designed that surface waters shall flow away from the building walls in such a direction and collection that inconvenience or damage to adjacent properties shall not occur.

(Ord. of 11-12-1987, § 16.32)

Buildings may not be moved into or relocated within the Township unless the building design and construction are compatible with the general architectural character of other structures located in the relocation area.

(Ord. of 11-12-1987, § 16.33)

All television satellite receiving dishes are designated accessory uses to the principal uses permitted on each lot or parcel in each respective zoning district, and are governed by the same requirements as any other accessory use permitted in each zoning district.

(Ord. of 11-12-1987, § 16.34)

If, in the judgment of the Planning Commission, during the course of site plan review procedures, it appears prudent to permit the delay of constructing certain provisions as required in this Zoning Ordinance, the Planning Commission may grant such delay to a specific future date upon the applicant showing good cause and reason for such delay; provided, however, that the applicant/owner shall submit to the Township Board a financial guarantee in a sufficient amount as determined by the Planning Commission to ensure that if the construction being delayed isn't completed that the Township Board may, in its discretion, contract to have such work completed and use the financial guarantee to pay for such work. The financial guarantee shall be paid at the time of issuance of the zoning permit and shall remain in effect until the requirements delayed are fully completed and approved by the Zoning Administrator.

(Ord. of 11-12-1987, § 16.35; Amd. No. 81, § 24, 5-11-2017)

State Law reference— Performance guaranty, MCL 125.3505.

Small, domesticated household pets, except dogs, such as cats and birds, may be kept on any lot or parcel, but are limited to three in number.

(Ord. of 11-12-1987, § 16.36; Amd. No. 81, § 25, 5-11-2017)

Large domestic animals which are used essentially for pet, contest, riding, educational or other special purposes as individual animal specimens are permitted in RD, WRD, AR, RR and SR Districts at the rate of two per five acres for the first two animals and one acre for each additional animal. For each acre above 40 acres, three additional animals per acre are permitted. The land used to meet the minimum acreage requirements must be owned by the same person.

(Ord. of 11-12-1987, § 16.37; Amd. No. 38, § 7, 11-14-2002)

(Ord. of 11-12-1987, § 16.38)

A.

Other Than Single-Family Residential Uses. Each principal use structure, for other than single-family residential purposes, shall have its own separate driveway access from the road upon which it fronts which shall be constructed to comply with the standards of the current Livingston County Road Commission Specifications for Driveways, as the same may be amended from time to time.

B.

Single-Family Residential Use. Any driveway that serves a single-family residential dwelling shall be constructed at least 12 feet in width back to at least the required front yard line and shall also meet the following specifications:

1.

All organic material shall be removed from the driveway for at least the 12-foot minimum width and length requirement.

2.

A minimum of six inches of sand shall be installed over the entire minimum required width and length of the driveway.

3.

The sand shall then be capped with a minimum of six inches of processed gravel, or better.

C.

Shared Single-Family Driveways. A single driveway may service two single-family residential dwellings; however any such driveway shall be constructed to, and meet, the following additional requirements:

1.

A 66-foot easement for ingress, egress, utilities, drainage, public and emergency vehicles shall be created to serve the parcels upon which the two single-family residential dwellings will be constructed.

2.

The driveway which shall service the residential dwellings shall have its minimum traveled width equal to or exceeding 20 feet, located as near as possible to the center of the 66-foot easement and it shall extend to the beginning of the last parcel that will use the driveway.

3.

The construction of the driveway shall meet or exceed the following specifications:

a.

All organic material shall be removed from the driveway for at least the 20-foot minimum width requirement.

b.

Upon removal of the organic material an inspection must be conducted by the Township Zoning Administrator.

c.

After the Zoning Administrator has approved the above inspection then a minimum of six inches of sand shall be installed over the entire minimum required width of the driveway.

d.

The sand shall then be capped with a minimum of six inches of processed gravel, or better.

e.

All drainage must be installed and maintained in accordance with the specifications of the Township depending upon the soil and related conditions for each project. Upon inspection, in the event the Township Zoning Administrator, or other authorized official, believes there are problems with the soil and/or drainage conditions, the Township may require an inspection and recommendation from the Township Engineer at the applicant's expense. The cost of such inspection shall be paid prior to approval of the driveway inspection or before the issuance of a certificate of zoning ordinance compliance.

f.

The then-applicable standards of the Livingston County Road Commission shall be met for all portions of the driveway or easement area within the public road right-of-way.

4.

The parties shall also prepare a road maintenance agreement to be submitted to the Township Attorney for approval that shall provide for perpetual (nonpublic) maintenance of the drive which road maintenance agreement shall contain, at a minimum, the following provisions:

a.

A method of initiating and financing the private drive to keep it in a reasonably good and useable condition.

b.

A method of apportioning the costs of maintenance and improvement.

c.

A means of enforcing payment thereof through assessment and lien and other means available to insure the payment thereof.

d.

The road maintenance agreement shall also provide that it is binding upon not only the current owners but all future owners, their heirs, successors and assigns. The easement and road maintenance agreement shall he recorded with the Livingston County Register of Deeds, a copy of the recorded easement and maintenance agreement shall be filed with the Township Clerk and the driveway must be completed in accordance with the standards and requirements set forth within this section prior to the issuance of a land use permit for any dwelling to be served by said private driveway.

(Ord. of 11-12-1987, § 16.39; Amd. No. 29, § 2, 8-8-1996; Amd. No. 53, §§ 1, 2; Amd. No. 81, § 26, 5-11-2017)

All lots or parcels created after the adoption of this Ordinance, created by either platting, lot splitting, land contract, lease hold or any other legal means, shall have a lot or parcel depth which does not exceed four times the average width of the lot or parcel.

(Ord. of 11-12-1987, § 16.40)

A family child care home licensed or registered under Public Act No. 116 of 1973 (MCL 722.111 et seq.) shall be considered a principal, permitted residential use of property for the purposes of this Zoning Ordinance in all residential zoning districts, including those zoned for single-family dwellings and shall not be subject to a special use permit or procedure different from those required for other dwellings of similar density in the same zone.

A family day care home that is defined in Section 2.02 of this Ordinance shall mean, include and refer to a family child care home as stated above and shall apply only to the bona fide private residence of the operator of the family child care home.

(Amd. No. 3, 7-12-1990; Amd. No. 81, § 27, 5-11-2017)

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

A foster care home housing six or fewer persons licensed or registered under Public Act No. 218 of 1979 (MCL 400.701 et seq.) or Public Act No. 116 of 1973 (MCL 722.111 et seq.) shall be considered a principal, permitted residential use of property for the purposes of this Zoning Ordinance in all residential zoning districts, including those zoned for single-family dwellings, and shall not be subject to a special use permit or procedure different from those required for other dwellings of similar density in the same zone.

A.

Foster care home as defined in Section 2.02 of this Ordinance shall apply only to the bona fide private residence of the operator of the foster care home.

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

A.

Water supply and wastewater disposal facilities in all districts shall meet the requirements of the County Health Department for on-site, common or public improvements and be in conformance with any additional provisions set forth in this Ordinance pertaining to setbacks from water bodies.

B.

Developments that contain lake shores, wetlands or stream banks must maintain a minimum environmental buffer zone of at least 25 feet between the lake shore, wetland, or stream bank and any principal or accessory structure, public or private roadway, or driveway unless a greater setback is required by this Ordinance, State law, local or Federal law or regulation. The buffer zone shall be maintained in its natural state and be protected from activity that could significantly alter its ecological integrity, balance or character.

(Amd. No. 3, 7-12-1990)

State Law reference— Local government authority to provide and regulate water and sewer service, MCL 324.4301 et seq.

(Ord. of 11-12-1987, § 16.43; Amd. No. 13, § 2, 12-10-1992; Amd. No. 39, §§ 1, 2, 12-11-2003)

A person, firm, association, partnership, corporation, or a combination of any of them, seeking to split, separate, divide or combine any parcel or tract of land or lots or any combinations thereof, for the purpose of selling or leasing for more than one year, or for building development where the resulting splits, divisions or combinations will not be owned by the same person, and the same is not being done pursuant to procedures under the Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.), as amended, wherein the division, splitting or combination of parcels or lots shall result in lots or parcels that have frontage upon a road not accepted or maintained by the public, shall comply with all applicable terms of this Zoning Ordinance and the following conditions:

A.

All lots or parcels which have frontage upon a private road, or where ingress and egress to any such lot or parcel to a public road is by means of a private road, shall be subject to and have recorded a road maintenance agreement, easement agreement and deed restrictions which shall run with all such lots or parcels and which shall provide for perpetual private (nonpublic) maintenance of such road or roads. Such documents shall contain, at a minimum, the following provisions:

1.

A method of initiating and financing such road or roads to keep them in a reasonably good and usable condition.

2.

An acceptable method of apportioning the costs of maintenance and improvement as well as a means of enforcing payment thereof through assessment and other means available to ensure the payment thereof.

3.

A notice that no public funds of any kind will be used to build, repair, or maintain the private road. A notice that if repairs and maintenance are not made, the Township Board may bring the road up to the design standards specified herein and assess all owners of parcels on the private road for the improvements, plus an administrative fee in such amount as the Board shall deem appropriate which shall not exceed 25 percent of said expenditures.

4.

Easements to the public for purposes of emergency and other public vehicles for whatever public services are necessary. Easements shall also be reserved for all necessary utilities, drainage, ingress and egress as deemed necessary by the Township Planning Commission.

5.

A provision that the owners of any and all property using such road shall refrain from prohibiting, restricting, limiting or in any manner interfering with normal ingress and egress and use by any of the other owners. Normal ingress and egress and use shall include, but not necessarily be limited to, use by family, guests, invitees, trades persons and others bound to or returning from any of the properties having a right to use the road.

6.

A provision which acknowledges that the Township has no responsibility or obligation regarding construction, repair, improvement, or maintenance as to said private road or as regards ingress or egress to any lots or parcels utilizing such road and further providing that the Township shall be indemnified and held harmless and released from any and all claims, causes of action, damages, etc., in any way related thereto.

7.

A provision which restricts parking on the traveled portion of the street and/or road right-of-way, as well as any cul-de-sac, to only licensed passenger vehicles or service vehicles. This provision shall also prohibit the parking or storage of any unlicensed vehicle or any other object, part, machinery, or piece thereof in the traveled portion of the road or the road right-of-way or cul-de-sac, and shall further provide that any violation shall result in the offending object being removed at the owner's expense and further provide for assessment of any and all such costs or expenses incurred in the object's removal being assessed against the property in accordance with Subsection A.2 above, or allow for the collection of such costs through an appropriate legal action.

8.

A provision that requires that the road will receive chloride or other suitable dust-control application no fewer than two times per year.

9.

Prior to recording, the road maintenance agreement, easement agreement and deed restrictions shall be submitted to the Planning Commission for review by the Planning Commission and the Township Attorney for compliance with the terms and conditions of this Zoning Ordinance.

B.

There shall be no structures erected or commencement of construction on a private road until all appropriate permits and approvals for the road have been obtained from the appropriate authorities.

(Ord. of 11-12-1987, § 16.44; Amd. No. 9, 12-10-1992; Amd. No. 35, § 5, 6-11-1998)

A.

Purpose. The purpose of this Section is to provide standards and specifications for the construction and development of streets and drives within a private residential development within the Township of Cohoctah; to contribute to and promote the general safety, health, and welfare of the public utilizing the streets, drives, and buildings within a private development. This Section will establish standards to allow for access by emergency vehicles and to assist in the organized flow of pedestrian and vehicular traffic within a private development. The Zoning Ordinance is not meant to supersede any part of Act No. 288, Public Acts of 1967 (MCL 560.101 et seq.), as amended.

B.

Street and Road Right-of-Way Requirements.

1.

All developments adjacent to a County or public road shall have a minimum right-of-way width along said road which conforms to the current Master Right-of-Way Plan adopted by the Livingston County Board of County Road Commissioners.

2.

All points of ingress and egress from any parcel of land within a development to a County or public road shall comply with the terms of this Ordinance to promote adequate provision for traffic safety.

3.

All streets and roads within a development shall have a minimum right-of-way width of 66 feet.

4.

Any alley in the rear of any lot or parcel shall have a minimum width of 33 feet.

5.

Greater right-of-way widths may be required by the Township whenever it is deemed necessary in the interest of public health, safety, and general welfare.

6.

All road intersections shall have a minimum radius of 20 feet at the right-of-way line.

7.

The street right-of-way shall be of uniform width and the use of so-called eyebrows, elbows or like designs will not be permitted.

8.

All proposed streets shall have horizontal curves of not less than 230-foot radius.

9.

Any cul-de-sac shall terminate at the property line except when precluded by a natural barrier or when the cul-de-sac terminates at the last available lot or parcel within the development, which lot or parcel fronts upon the cul-de-sac.

10.

Any cul-de-sac shall have a radius of 80 feet and a finished surface radius of 66 feet.

11.

Any island in a cul-de-sac shall have a radius not to exceed 36 feet.

12.

In addition to the 80-foot radius for a cul-de-sac, there shall also be provided an additional grass easement that shall contain no shrubs, plantings, or structures of any kind for an additional width of five feet around the entire perimeter of the cul-de-sac.

13.

Road surfacing requirements.

(a)

Any private roads constructed in accordance with this Ordinance shall have a hard surface in accordance with Section 16.45 D.9.(a)(1)—(4) if the road meets any one of the following conditions:

(1)

The private road provides ingress/egress to an existing paved road.

(2)

The private road is located in an SR Suburban Residential District, RR Rural Residential District, S Settlement District or LRR Limited Recreation Residential District.

(3)

The number of parcels in a development will exceed ten in number.

(b)

There shall be no requirement of hard surfacing the roads as set forth above and the road may be gravel-surfaced in accordance with Subsection D.9(b) of this Section under the following conditions:

(1)

No parcel in the development shall be less than ten acres in size and the private road does not provide ingress or egress to a paved road. The creation of any development that has at least one parcel whose minimum size is less than ten acres will require a paved private road.

(2)

The development does not have more than 15 parcels that either abut the private road and/or have access to the private road.

(3)

Developments under Section 16.50, Open Space and Rural Preservation Developments, located in the AR, RD, or WRD Districts, provided there are no more than four parcels that can use the road for access to a public road, unless the private road derives its ingress and egress from a paved public road, in which case the private road must be paved.

In the event that at any time any of the existing parcels are to be partitioned or further subdivided so that the total number of potential residential dwellings or parcels using the private road exceeds ten, the road must be brought up to the current requirements and specifications of this Ordinance for hard surfacing. The developer, prior to selling any lot or parcel, will be required to restrict each parcel by recording an affidavit of restrictions in the office of the Livingston County Register of Deeds whereby the owner of any parcel or building site that has access to the private road will be responsible for all costs associated with bringing the road up to the requirements of this Ordinance for hard surfacing, if such owner of a parcel or building site seeks to split or otherwise take any action that would result in more than ten parcels or ten residential dwellings having access to the private road.

The Cohoctah Township Planning Commission and Zoning Administrator shall not authorize the construction and/or further partition of any parcels along the private development if that division creates an 11th parcel or building site which will utilize said private road, unless the road meets all the requirements of this Zoning Ordinance pertaining to hard surfacing requirements.

C.

Preliminary Plans.

1.

The proprietor shall file with the Township a preliminary plan sealed by a licensed engineer, containing all information required for site plan review in Article XX. The drawing shall be at a scale not less than one inch equal to 200 feet. The drawing shall show the street and alley layout, proposed future streets, lot or parcel dimensions, rivers, natural watercourses, County drains, sewers, and abutting property owners in sufficient detail on topographic map to enable a determination of whether the location might influence the layout of the development. Existing section and quarter section lines are to be shown on the layout.

2.

The preliminary plan referred to above shall contain a location map (not smaller than one inch equal to 500 feet) to show the location of the proposed development with respect to roads, creeks, rivers, watercourses, wetlands, and railroads.

3.

The street layout shall match the pattern established by adjacent roads and streets and any existing public roads, streets, or alleys that terminate at the boundaries must be connected with the road and street system of the proposed development. The layout of roads, streets, and alleys in the proposed development shall provide a continuous circuit for travel, except when, in the opinion of the Planning Commission, the lands within the development are limited in area or subject to a natural barrier. In such cases, the Planning Commission may approve a road right-of-way design that provides access to a public highway at one location. If in the judgment of the Planning Commission, a cul-de-sac is necessary, the lot layout shall be designed so that not more than four lots or parcels will have frontage on the cul-de-sac. The Planning Commission reserves the right to reject any development showing unnecessary cul-de-sacs in a proposed street layout. Nine copies of the preliminary plan must be filed with the Township Clerk for consideration by the Planning Commission. Two additional copies shall be filed with the Township Engineer for his review. These plans shall be filed at least 21 days prior to the meeting date for which the proprietor requests consideration. Notice of approval shall be made on the copy retained by the Township Clerk. If rejected, the reasons for rejection and any requirements for approval shall be given in writing to the proprietor. Upon approval of the final site plan for the development by the Township, the engineer for the proprietor may proceed with the road and drainage plan.

4.

Failure by the proprietor to begin construction of streets according to approved plans on file with the Township within one year from date of approval shall void the approval and a new preliminary plan shall be required by the Township subject to any changes made herein or subject to any changes made by the Livingston County Road Commission in its standards and specifications for street construction and development.

D.

Roads, Streets, and Drainage Plan. The road, street, and drainage plan shall be prepared by the engineer for the proprietor and shall consist at a minimum of the following:

1.

The centerline of the road shall be constructed on the centerline of the right-of-way.

2.

The centerline profile shall be scaled at one inch equal to 100 feet horizontal and one inch equal to ten feet vertical, showing the existing ground elevation and proposed grades. The minimum sight distance at all internal street intersections of the development shall be 300 feet measured so that the height of the eye at the normal stopping point at the intersection measured three feet nine inches above the surface shall be able to see an object located four feet six inches above the surface of the road way. The minimum sight distance at all existing County highway intersections with any proposed streets shall be 600 feet using the same measurements.

3.

The minimum grade on any street shall be 0.5 percent. The maximum grade on any street shall be 5.0 percent.

4.

A standard parabolic vertical curve shall be used at all changes in grade. No vertical curve of less than 100 feet or less than 40 times the algebraic difference in percent of grades will be used.

5.

All proposed streets shall have horizontal curves of not less than 230-foot radius.

6.

All topsoil shall be removed from the roadbed between the ditches. All unsuitable materials shall be removed from the roadbed between the ditches.

7.

All stones, fences, and other deleterious material within the street right-of-way shall be removed. Trees shall be removed as directed by the Township Engineer.

8.

All fill and backfill within the right-of-way shall meet the current Michigan Department of Transportation specifications.

(a)

The subgrade must be inspected and certified by the proprietor's engineer prior to the placement of any fill material and/or road structural section.

9.

Road cross section specifications; testing and analysis.

(a)

Hard surface requirements. The proposed road cross section shall have a 30-foot finished roadway width, shoulder to shoulder, with a minimum of seven inches compacted gravel base, 30 feet wide, and a minimum of six inches compacted porous subbase. In addition to this, an approved bituminous surface three inches thick (220# per square yard), is required. The minimum width of this paved surface shall be 22 feet. Alternate full depth sections of asphalt, soil cement or concrete may be recommended by the engineer for the proprietor in lieu of the porous base. The alternate design must be approved by the Township Engineer.

(1)

Gravel base material shall meet the Michigan Department of Transportation Specifications 22-A.

(2)

The porous subbase material shall meet the Michigan Department of Transportation Specifications for Class II Granular Material.

(3)

Specifications for a bituminous material (mix design must be approved by the Township Engineer):

a.

Prime coat—Michigan Department of Transportation Standard Specifications MC 30 or MC 70 and T-2 and T-3.

b.

Paving materials—Michigan Department of Transportation Specifications No. 4.11 or 4.12.

(4)

Specifications for concrete pavement (mix design must be approved by the Township Engineer):

a.

All materials shall conform to the Michigan Department of Transportation current specifications No. 4.14.

(b)

Gravel surface requirements. The proposed road cross section shall have a 26-foot finished roadway width, shoulder to shoulder, with a minimum of seven inches compacted gravel base, 26 feet wide, and a minimum of six inches compacted porous subbase.

(1)

Gravel base material shall meet the Michigan Department of Transportation Specifications 22-A.

(2)

The porous subbase material shall meet the Michigan Department of Transportation Specifications for Class II Granular Material.

(c)

During construction of the private road, the petitioner must perform the following testing and inspections shall be performed:

(1)

Underground utilities (where applicable).

a.

The petitioner's engineer shall have a representative on-site at all times during the installation of the underground utilities (culvert, sewer and water main) to observe the underground utility installation and verify the use of property construction methods with the exception of those utilities to be owned and operated by the Township. The results of these inspections and observations should be documented in the petitioner's engineer's daily reports.

b.

Compaction (or density) testing shall be performed once every 250 feet per lift of trench backfill or once per lift on pipe runs less than 250 feet with more if failing tests warrant.

c.

The backfill of catch basins, inlets, manholes, valve boxes, etc., within the influence of the roadbed shall be placed in accordance with the requirements for structural backfill as called for in the current Michigan Department of Transportation Standard Specifications for Construction.

(2)

Subgrade.

a.

The proposed location of the road shall be identified by placement of surveying stakes. The stakes shall indicate the horizontal location and grade of the proposed road.

b.

The road subgrade shall be visually inspected by the petitioner's engineer to verify that the road is in the correct location and the subgrade is trimmed to the proper grade and slope. The subgrade inspection should also confirm that the subgrade is free from rutting and soft spots before placing any subbase material. The visual inspection shall consist of "proof-rolling" the subgrade. The results of this inspection shall be documented in the petitioner's engineer's daily reports.

(3)

Subbase.

a.

A gradation analysis shall be performed on the subbase material to confirm that the material meets the gradation requirements for the approved subbase material. Gradation analysis tests shall be performed at a frequency of not less than once every 1,500 cubic yards of subbase material.

b.

Compaction (or density) testing of the subbase material shall be performed at a frequency of not less than once for every 200 feet of roadway with more if failing tests warrant.

c.

The grading and slope of the subbase material shall be checked and documented with a frequency of not less than every 100 feet of roadway.

d.

The bottom grade and width of the roadside ditches (if provided) shall be checked and documented with a frequency of not less than 100 feet of ditch. The locations and elevations of the culvert inverts shall be documented.

e.

A visual inspection of the subbase material shall be performed and documented to verify that the subbase is free from rutting and soft spots before placing any base material.

(4)

Aggregate base.

a.

A gradation analysis shall be performed on the aggregate base material to confirm that the material meets the gradation requirements for the approved aggregate base materials. Gradation analysis tests shall be performed at a frequency of not less than once every 1,500 cubic yards of aggregate base material.

b.

Compaction (or density) testing of the aggregate base material shall be performed at a frequency of not less than once for every 100 feet of roadway with more if failing tests warrant.

c.

The grading and slope of the aggregate base material shall be checked and documented with a frequency of not less than every 100 feet of roadway.

(5)

Bituminous pavement.

a.

The petitioner's engineer shall issue a written "permit to place" for each section of aggregate base material suitable to place the bituminous pavement material. This "permit to place" shall verify that the bituminous pavement will not be placed on any frozen aggregate base material or frost when cold weather is a concern. The petitioner's engineer shall have a representative on-site at all times during the bituminous paving operations.

b.

The petitioner's engineer shall verify and document that the bituminous mix design meets the approved construction plan requirements.

c.

For roads with concrete curb and gutters, the petitioner's engineer shall verify and document that the concrete mix design for the curb and gutters meets the approved construction plan requirements. Tests for slump, air entertainment, temperature (for both concrete and ambient air) and compressive strength (for seven-day and 28-day) shall be performed at a rate of one set of tests for every 1,500 feet of curb and cutter or one set of tests per day for each day that the curb and gutter is installed.

d.

Extraction tests shall be performed on the bituminous material at a minimum frequency of once every 1,000 tons of bituminous material placed but not less than once a day or once per mixture type. The extraction test may be replaced by visual inspection and submittal of plant extraction test results for small projects with less than 400 tons of bituminous material per project.

e.

Density tests shall be performed on each lift of bituminous pavement. The control density for each bituminous mixture shall be determined.

f.

The ambient air temperature shall be documented for each day that bituminous material is placed. The temperature of the bituminous mixture shall be documented for each truck load.

g.

The final grade of the road centerline and the concrete curb and gutters (when provided) shall be documented at a frequency of not less than once every 100 feet of roadway. The transverse slope of the final pavement shall be documented every 100 feet of roadway.

(d)

At the completion of the private road construction (including final restoration and sign installation), the following items shall be submitted to the Township Engineer for final acknowledgment:

(1)

One set of reproducible "conforming to construction records" (or as-built) drawings of the completed private road. The culvert, sewer and water main locations, materials, sizes, invert elevations and slopes shall be indicated. The manhole and catch basin locations with the rim elevations should also be indicated. The bottom elevation of the catch basins or inlets should be shown. The grades and slopes of the road shall be shown. Each set of "conforming to construction records" drawings shall have the original stamp and signature of the petitioner's registered professional engineer.

(2)

Copies of all the inspection reports (including the daily reports) the test results, the engineer's "permit to place" the bituminous pavement materials, and the engineer's certifications of the mix designs and the suitability of the road subgrade and subbase material shall be submitted.

10.

Roadside slopes shall be one on four and ditches shall be 24 inches deep, below shoulder grade, and two feet wide on the bottom. Back slopes shall be one on three or flatter if possible.

11.

The crown of the finished grade surface shall be two inches.

12.

Concrete curb and gutter or an approved asphalt curb may be installed as part of the development road construction. The minimum width of such construction shall be 26 feet face-to-face of curb.

13.

Drainage easements, 20 feet in width, shall be furnished where required to provide surface runoff with the development. Releases from the abutting property owner shall be furnished where required by the Planning Commission. Drains within easements shall be enclosed underground storm drainage facilities unless specifically approved to the otherwise by the Planning Commission.

14.

Ditches adjacent to existing County roads shown upon the plans shall be constructed or cleaned out to the Livingston County Road Commission specifications as in Subsection D.10. above to provide drainage excepting where lot access is to internal streets within the development only, then minimum drainage will be accepted as approved by the Township Engineer. In such case where drainage is obstructed at boundaries of the development area, ditches adjacent to existing County roads beyond the development area shall be cleaned out to provide drainage.

15.

Drainage facilities and all other disturbed areas shall be fertilized, mulched, and seeded and/or sodded and shall meet Michigan Department of Transportation Specifications. Erosion will not be tolerated.

16.

Drainage culverts.

(a)

Corrugated metal pipe shall meet the current American Association of State Highway Officials designations M-36.

(b)

Reinforced concrete pipe shall meet the current American Society for Testing Materials design C 76.

17.

Utilities shall be located and installed in accordance with plans approved by the Township Engineer.

18.

Prior to issuance of a certificate of Zoning Ordinance compliance, the proprietor shall install or pay the Livingston County Road Commission to furnish and install any and all road name signs and all signs necessary for traffic control. Such signs shall conform to the standard used by the Livingston County Road Commission.

19.

When the street and drainage construction plans are completed, three copies thereof shall be filed with the Township for forwarding to the Township Engineer for approval. The applicant will be advised in writing of approval or disapproval within 30 days after receipt of these construction plans.

E.

Financial Requirements and Responsibilities.

1.

Financial requirements for guaranteeing construction of street and drainage improvements shall be equal to at least 100 percent of the proprietor's engineer's estimate of the cost of street and drainage improvements. This estimate is to be approved by the Township Engineer and shall bear the seal of registration of the proprietor's engineer. One of the following sureties may be used for this requirement:

(a)

Cash deposit.

(1)

Cash.

(2)

Certified check payable to Cohoctah Township.

(b)

Escrow agreement.

(1)

Escrow agreement shall be furnished in form acceptable to the Township Planning Commission and Township Attorney.

(2)

Escrow agreement shall be for a two-year period.

(c)

Irrevocable bank letter of credit.

(1)

Bank must be approved by the Township Planning Commission.

(2)

Payable to Cohoctah Township upon draft authorized by the Township Board.

(3)

Shall be for a two-year period.

(4)

Letter of credit in form approved by Township Planning Commission and Township Attorney.

2.

Contingency fund in the amount of ten percent of the approved proprietor's engineer's estimate of cost of street and drainage improvements shall be required to guarantee that the proprietor shall reconstruct any damaged street improvement, replace any unsatisfactory condition, make final clean-up of street and drainage system, and correct unforeseen deficiencies after construction is complete. This fund will be held for a period of one year after date of final approval of street and drainage improvements by the Planning Commission. One of the following sureties may be used.

(a)

Cash deposit.

(1)

Cash.

(2)

Certified check payable to Cohoctah Township.

(b)

Escrow agreement.

(1)

An escrow agreement shall be furnished in a form acceptable to the Township Planning Commission and Township Attorney.

(2)

Escrow agreement shall be for a one-year period.

(3)

May be included in escrow agreement form mentioned in Subsection E.1(c) above.

(c)

Irrevocable bank letter of credit.

(1)

Bank must be approved by the Township Planning Commission.

(2)

Payable to Cohoctah Township upon draft authorized by the Township Board.

(3)

Shall be for a one-year period.

(4)

Letter of credit in form approved by Cohoctah Township Planning Commission and Township Attorney.

3.

Inspection fee in the amount of three percent of the approved proprietor's engineer's estimate of cost of street and drainage improvements shall be paid by cash or certified check payable to Cohoctah Township. This fee is to cover administrative costs and inspections incurred and authorized by Cohoctah Township relative to the development. Such inspections shall not relieve the proprietor's engineer of any of his obligations, but are to verify the conformance of construction and conditions with the specifications.

4.

If street and drainage improvements are not completed in an acceptable condition within two years after the approval by the Planning Commission, the proprietor will be held in default and all sureties shall be forfeited to Cohoctah Township and procedures will be taken to have street and drainage improvements completed.

5.

The fees and financial requirements set forth herein must be paid or otherwise provided to the Township prior to commencing any construction and prior to the issuance of the land use permit.

F.

Final Inspection and Approval.

1.

After all streets, roads, alleys, and drains are completed, the proprietor shall furnish the Township with a letter requesting an inspection and with a certificate of completion from his engineer. The engineer for the proprietor shall certify, over his professional seal, that he has personally supervised and inspected all construction and that all street improvements and drainage facilities have been constructed in accordance with the approved construction plans, specifications set forth herein and the specifications of the Livingston County Road Commission and that the surfacing materials have been tested and approved and that test reports are on file with the Township.

2.

The Township Engineer will provide final inspection for street and drainage improvements after receiving the items listed in Subsection F.1 above. If the construction is complete and acceptable, the Township Planning Commission will notify the proprietor of its approval and direct the Zoning Administrator to issue a certificate of Zoning Ordinance compliance.

3.

If the construction is not complete and acceptable, the proprietor's engineer will be notified as to the deficiencies. The Township Engineer will re-inspect these deficiencies upon notification by the proprietor's engineer that the deficiencies have been corrected to meet the standards required herein. When the construction is complete and acceptable, the Planning Commission will proceed as in Subsection F.2 above.

4.

The Township Planning Commission will not grant approval for the private road construction unless the Township Engineer has conducted the inspections and given the necessary approvals as required by Section 16.45.D.9.

G.

Validity. Each provision, requirement, regulation, or restriction established by these standards and specifications for street and road development or any amendments or additions thereto is hereby declared to be independent, and the holding of any part to be unconstitutional, invalid or ineffective for any cause shall not affect nor render invalid the resolution or amendments or additions thereto as a whole or any other part thereof, except as to the particular part so declared to be invalid.

(Ord. of 11-12-1987, § 16.45; Amd. No. 9, 12-10-1992; Amd. No. 34, §§ 1—3, 6-12-1997; Amd. No. 35, §§ 1—4, 6—8, 6-11-1998; Amd. No. 39, §§ 7—9, 12-11-2003; Amd. No. 78, § 4, 5-14-2015; Amd. No. 81, § 28, 5-11-2017)

Noncommercial kennels may be located in those zoning districts where they are permitted as an accessory use provided they meet 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 100 feet to any building on an adjacent parcel and shall not be located in any required front, side, or rear yard setback area.

C.

All such kennels shall be operated in conformance with all applicable County, State, and Federal regulations; permits being valid no longer than one year.

D.

Such facilities shall be under the jurisdiction of the Township Planning Commission and a person desiring to have a noncommercial 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 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.

E.

A noncommercial kennel may be maintained on a nonconforming lot existing at the time of the enactment of this Ordinance provided there shall be a minimum lot size of one acre for the first three dogs and one additional acre for each additional dog up to a maximum of five dogs and shall also be in compliance with the above conditions.

F.

Noncommercial kennels are not permitted in the S District.

(Ord. of 11-12-1987, § 16.46; Amd. No. 12, § 6, 11-11-1993)

(Ord. of 11-12-1987, § 16.47)

A.

Animals Excluded. Except as otherwise provided in this Ordinance, it is unlawful for a person to possess, breed, exchange, buy, sell, or attempt or offer to buy, sell, or exchange exotic or wild animals, including but not limited to the following:

1.

Venomous cold-blooded reptiles and other cold-blooded animals or reptiles that, if in contact with humans, are capable of inflicting fatal injury to the average person;

2.

All poisonous animals;

3.

Cats (wild family, including but not limited to bobcat, cheetah, cougar, jaguar, ocelot, leopard, lion, lynx, mountain lion, panther, puma, and/or tiger);

4.

Nondomesticated carnivores including, but not limited to, bears, wolves, coyotes, fox, and hybrid wolf-dog cross breeds;

5.

Raccoons, weasels, ermine, otters, badgers, beavers, and wolverines;

6.

Poisonous spiders, venomous or poisonous insects;

7.

Proboscidea (elephants);

8.

Perissodactyla (rhinoceros family).

B.

Exceptions. Zoological parks and aquariums that are accredited by the American Association of Zoological Parks and Aquariums, duly licensed and/or permitted, nature preserves, circuses, and bona fide licensed scientific, medical, or research facilities are excepted from this Section.

C.

Enforcement. This Section shall be enforced by the Township Zoning Administrator or such person as may be appointed by the Township Board in accordance with the provisions of Section 21.07.

(Amd. No. 28, § 1, 3-14-1996)

State Law reference— Endangered species protection, MCL 324.36501 et seq.; wildlife conservation, MCL 324.40101 et seq.

As set forth in Section 16.05, more than one principal building structure may be located on a parcel of land subject to approval by the Planning Commission following the site plan review as required by Article XX and upon compliance with this Section. In determining whether to approve the applicant's site plan under this Section, the Planning Commission shall consult with the Zoning Administrator, Township Attorney, and Township Engineer regarding the adequacy of the site plan, deed restrictions, master deed, if any, utility systems and streets, overall development layout and design and compliance with all the requirements of Public Act No. 59 of 1978 (MCL 559.101 et seq.), if the proposed project is a condominium.

A.

Definitions.

Condominium Act—Public Act No. 59 of 1978 (MCL 559.101 et seq.).

Condominium Area—A unit or a portion of the common elements of the condominium project referred to in the condominium documents within which additional condominium units or general limited common elements may be created pursuant to express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.

Condominium Project—A plan or project consisting of not less than two condominium units established in conformance with the Condominium Act.

Condominium Subdivision Plan—Drawings and information prepared and required pursuant to Section 66 of the Condominium Act (MCL 559.166) and such other information as required by this Ordinance.

Condominium Unit—That portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use. In a condominium project in which the condominium units shall be building sites, then in those instances, the term "Condominium Unit" shall be consistent with the term "Lot" in this Zoning Ordinance.

Consolidating Master Deed—The final amended master deed for a contractible condominium project, an expandable condominium project, or a condominium project containing convertible land or convertible space, which final amended master deed fully describes the condominium project as completed.

Contractible Condominium—A condominium project from which any portion of the submitted land or buildings may be withdrawn pursuant to express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.

Conversion Condominium—A condominium project containing condominium units, some or all of which were occupied before the filing of a notice of taking reservations under Section 71 of the Condominium Act (MCL 559.171).

Expandable Condominium—A condominium project to which additional land may be added pursuant to express provision in the condominium documents and in accordance with this Ordinance and the Condominium Act.

Front Yard Setback—The distance between the road right-of-way line and the condominium dwelling.

Master Deed—The condominium document as described and required by Section 8 of the Condominium Act (MCL 559.108) as approved by the Planning Commission to which are attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

Mobile Home Condominium Project—A condominium project in which mobile homes are intended to be located upon separate sites which constitute individual condominium units.

Rear Yard Setback—The distance between the rear yard area line and the condominium dwelling.

Side Yard Setback—The distance between the side yard area line and the condominium dwelling.

B.

Information requested. A person, firm or corporation intending to develop a project which is intended to consist of more than one principal building or structure upon a parcel of land shall provide to the Township the following information with respect to the project concurrent with submission of an application for site plan review:

1.

The name, address and telephone number of:

(a)

All persons, firms or corporations with an ownership interest in the land on which the project will be located together with a description of the nature of each such entity's interest (i.e., fee owner, land contract vendee, optionee, etc.).

(b)

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

(c)

The developer or proprietor of the project.

2.

The legal description of the land on which the project will be developed as well as the appropriate tax identification numbers.

3.

The amount of acreage of the land on which the project will be developed.

4.

The purpose of the project (i.e., residential, commercial, industrial, etc.).

5.

Approximate number of units for the project.

6.

Whether or not a community water system is contemplated.

7.

Whether or not a community septic system is contemplated.

The above information shall be kept updated until such time as a certificate of occupancy and a certificate of Zoning Ordinance compliance have been issued.

C.

Site Plans; Information Required.

1.

Prior to commencement of any construction, grading, etc., the project shall undergo site plan review in accordance with Article XX and shall also include the following information:

(a)

A survey plan of the project that shall include any and all streets, roads, alleys, if any, floodplains and exterior project boundaries.

(b)

A flood plan when appropriate.

(c)

A site plan showing the location, size, shape, area and width of all building sites.

(d)

A utility plan showing all sanitary sewer, water, and storm sewer lines, and any easements granted to an entity other than developer or co-owners association for installation, repair and maintenance of all utilities. To the maximum extent possible, all utility lines should be located in the street right-of-way and developer shall ensure that easements are reserved for public water and sewer mains which are sufficient to allow for installation of such mains. Such easements and their sufficiency shall be approved by the Township Engineer and the Township Attorney.

(e)

Any and all streets or roads within the project shall be public roads constructed in accordance with Livingston County Road Commission specifications in effect at the time governing public roads or in accordance with Sections 16.44 and 16.45 governing private roads. All roads shall be hard surfaced in compliance with said Section 16.45 but the waiver provision of Section 16.45.B.13(b) shall not be applicable.

(f)

A storm drainage and stormwater management plan, including all lines, swales, drains, basins, and other facilities approved by the County Drain Commission.

2.

If the proposed project is a condominium project then the information to be provided to the Planning Commission shall be the condominium subdivision plan prepared in compliance with MCL 559.166, in addition to the above.

3.

After submittal of the condominium plan and bylaws for recording as part of the master deed, the proprietor shall furnish to the Township and the County Register of Deeds a copy of the condominium subdivision plan prepared in compliance with MCL 559.166 and this Ordinance.

4.

Once the Planning Commission has granted approval of the plan and a land use permit has been issued, any expansion, conversion, or alteration of the project whether to additional land or otherwise shall require site plan review and approval pursuant hereto and Article XX.

D.

Monuments Required. All projects that consist in whole or in part of building sites, mobile home sites, or recreational sites shall be marked with monuments as provided in this Subsection.

1.

Monuments shall be located in the ground and made according to the following requirements, but it is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the project if the angle points can be readily reestablished by reference to monuments along the sidelines of the streets.

2.

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

3.

Monuments shall be located in the ground at all angles in the boundaries of the project; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the project and at the intersection of alleys with the boundaries of the project; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys; at all angles of an intermediate traverse line and, if the project is a condominium project, at the intersection of all limited common elements and all common elements.

4.

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

5.

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

6.

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

7.

All unit corners shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and one-half inch in diameter, or other approved markers.

8.

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

E.

Documentation of State and County Approval. The developer or proprietor of the project shall provide to the Township appropriate documentation establishing that appropriate State and County approvals have been received regarding the fresh water system for the proposed project and regarding the wastewater disposal system for the proposed project.

F.

Conformity to Water and Sewer Regulations. If the parcel of land is within a Township sanitary sewer district, then the developer, contractor, and/or owner must make provisions to immediately hook into the Township sanitary sewer system and otherwise be in full compliance with the Township's Wastewater Collection and Treatment System Ordinance. In the event the parcel of land is within the sewer district and the sewers are not immediately available to that parcel of land, the developer, contractor and/or owner must make provisions in the design and construction of the building/structure for future connection into the Township sanitary sewer system which shall include sanitary sewer mains and house connections to be installed and capped. If and when the sanitary sewer becomes available, each dwelling must hookup to the sewer.

G.

Minimum Distance Between Principal Buildings. There shall be maintained a minimum distance of 70 feet between principal buildings.

H.

Location and Conformity of Certain Dwelling Units. Any development which shall consist in whole, or in part, of dwelling units attached to one another shall be located only in an SR District and shall comply with all of the requirements and standards of said district unless specifically allowed otherwise under this Section. All developments which consist solely of detached one-family dwelling units shall be located only in a RR or SR District and shall comply with all of the requirements and standards of the district in which they are located unless specifically allowed otherwise under this Section.

I.

Size and Number of Building Sites for Certain Projects. In the event a project will include recreational space or open space for park, environmental preservation, or other aesthetic reasons, then the project may provide for building sites smaller in area than that required by the zoning district in which it is located; provided, however, under no circumstances shall the project contain more building sites than would be allowed if there was no such open space. In computing the number of building sites allowable in relation to the overall acreage of the project, the area comprising the streets, roads, parking area, lakes, rivers, streams, wetlands, etc., within the project shall not be included in determining the number of building sites in the project.

J.

Conformity to Ordinance Regulations for Building Site Divisions and Boundary Relocations. Any proposed division of individual building sites shall conform to the requirements of this Ordinance for minimum width, area, and building setback requirements and shall be approved by the Zoning Administrator. In the event of any proposed relocation of boundaries of any building site or sites, as described in Section 48 of the Condominium Act (MCL 559.148), such relocation shall comply with all setback requirements of this Ordinance for the district in which the project is located and shall be approved by the Zoning Administrator.

K.

Documentation to be Submitted to Planning Commission. The developer and/or proprietor of the project shall furnish to the Planning Commission, for its review and approval, copies of any and all documents establishing easements for ingress, egress, public utilities, etc., as well as those documents creating maintenance agreements or other contracts between property owners and/or residents in the project pertaining to roads or common areas, any restrictive covenants and/or deeds pertaining to the property and, if applicable, a master deed and exhibits A and B thereto, which are kept on file in the office of the Township Clerk.

L.

Regulations for Television, Telephone, Utilities, etc. Public utilities and driveways shall be located in accordance with the rules of the Livingston County Road Commission then in effect. The underground work for utilities shall be stubbed to the building site boundary line. The developer shall make arrangements for all television service to be placed underground entirely throughout the development area, and such conduits or cables shall be placed within private easements provided to such service companies by the developer or within dedicated public ways. Those telephone and electrical facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. The proposed location of all underground wiring shall be submitted to the appropriate utility for approval. Installation shall not proceed until such approval has been granted. All telephone and electrical facilities shall be constructed in accordance with standards of construction in compliance with all applicable Federal, State and local laws and regulations. Cable television facilities, if any, shall be constructed in accordance with applicable State, Federal and local regulations or ordinances. All drainage and underground utility installations that traverse privately owned property shall be protected by easements granted by the developer.

M.

Street Name Signs. Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the requirements of the Livingston County Road Commission.

N.

Water System Appurtenances Provided. When a proposed development is to be serviced by a public water supply system, fire hydrants and other required water system appurtenances shall be provided by the developer.

O.

Compliance With Federal and State Law. All condominium projects shall comply with Federal and State statutes and local ordinances.

P.

Encroachment Prohibited. Encroachment of one condominium unit upon another, as described in Section 40 of the Condominium Act (MCL 559.140), shall be prohibited by the condominium bylaws and recorded as part of the master deed.

Q.

Payment of Fees. The developer shall be responsible for payment of all fees related to review of the condominium project and all documents and information submitted in regard thereto for approval by the Township as required herein in accordance with the fee schedule established by the Cohoctah Township Board. All approvals must be granted and payment of all fees made before a certificate of Zoning Ordinance compliance will be issued.

(Amd. No. 32, § 1, 4-10-1997)

State Law reference— Condominium Act, MCL 559.101 et seq.

A.

Intent. The intent of the Open Space and Rural Preservation Development District is to permit residential development that results in an enhanced living environment through the preservation of open space. The provisions set forth in this Section offer an alternative to traditional subdivisions and encourage innovative and livable housing environments through both permanent dedication of open space and a planned reduction of individual lot area requirements. The Open Space and Rural Preservation Development District is established as an overlay district in those districts in the Township that allow single-family residential housing as a permitted principal use and therefore is not permissible in the MHR, LI, and NSC Districts. The Open Space and Rural Preservation Development District is also not allowed in the S Settlement District.

B.

Scope. For purposes of this Section, an Open Space and Rural Preservation Development is defined as a single-family residential development in which dwelling units are placed together in one or more clusters within a defined area that is within the proposed single-family residential development. The dwelling units must be accompanied by designated open space that is permanently protected from development.

C.

Objectives. The following objectives shall be considered in the review of any application for an Open Space and Rural Preservation Development:

1.

To provide a more environmentally sensitive residential environment by preserving the natural character of open fields, stands of trees, ponds, streams, hills and similar natural features.

2.

To preserve a traditional rural character to the land use pattern in the Township and protect environmentally sensitive lands from the disruptive effects of traditional subdivision and single-family developments.

3.

To provide a more efficient and aesthetic use of open space by allowing developers to reduce the required minimum lot sizes and increasing the residential density in exchange for permanently preserving open space.

4.

To allow a more flexible and economical residential layout, street and utility design.

5.

To ensure the permanent preservation of open space, agricultural lands, rural lands and natural resources.

6.

To encourage the use of Township land in accordance with its character and adaptability.

7.

To encourage innovation and greater flexibility in the design of residential developments.

8.

To ensure compatibility of design and use between neighboring properties.

9.

To encourage a less sprawling form of development, thus preserving open space as undeveloped land.

The regulations set forth herein are intended to preserve a traditional rural character to the land use pattern in the Township through the creation of small residential nodes contrasting with open space and less intensive land uses. This Section is not intended as a device for ignoring the zoning regulations of the Township, the standards set forth herein, or the planning concepts upon which the Zoning Ordinance has been based. The regulations are intended to result in a specific development substantially consistent with Zoning Ordinance standards and the Township Comprehensive Plan.

D.

Review Considerations. The applicant must present a proposal for residential development that addresses the following:

1.

Recognizable Benefits. An Open Space and Rural Preservation Development shall result in a recognizable and substantial benefit to the residents of the development and to the overall quality of life in the Township.

2.

Minimum Project Size. The minimum size of an Open Space and Rural Preservation Development shall be ten acres of contiguous land.

3.

Open Space. The proposed development shall maintain a minimum 50 percent of the gross area of the site as dedicated open space as a separate parcel held in common ownership, with evidence of a plan for perpetually preserving the open space. Documents shall be presented and ultimately approved by the Township Planning Commission that bind all successors and future owners in fee title to open space commitments made as a part of the proposal.

4.

Unified Control. The proposed development shall be under single ownership or control, such that there is a single person or entity having proprietary responsibility for the full completion of the project. The applicant shall provide sufficient documentation of ownership or control in the form of agreements, contracts, covenants, and/or deed restrictions that indicate that the development will be completed in its entirety as proposed. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Township and the land uses continue as approved in the Open Space and Rural Preservation plan.

5.

Limited Division Option. For a property owner of at least ten acres, who desires to retain ownership and control of the dedicated open space, an option is available to allow for the retention of ownership and control rather than allowing all division owners the right to use the dedicated open space. This option is available only if the property owner agrees to apply for a division or divisions that would result in the creation of no more than a total of two single-family homes. The property owner would still be required to create a division for the dedicated open space but the open space could continue to be owned by the property owner subject to compliance with the requirements otherwise imposed herein upon the dedicated open space.

E.

Principal Permitted Uses.

1.

Detached single-family residential dwelling units.

2.

The growing and harvesting of crops, fruits and vegetables.

3.

Accessory uses and buildings incidental to the principal permitted uses.

4.

The keeping of animals shall not be allowed in open space within the development.

F.

Design Standards. A proposed Open Space and Rural Preservation Development shall comply with the following project design standards:

1.

Location of Development. An Open Space and Rural Preservation Development may be proposed for those parcels within the Township that meet the minimum size requirement established in this Section and that allow for single-family residential dwelling units as a permitted principal use in the zoning district where the property is located.

2.

Base Zoning Regulations. Unless specifically modified by the Planning Commission as provided in this Section, all Zoning Ordinance requirements for the underlying zoning district and other Township regulations shall remain in full force, except for minimum lot area.

3.

Open Space Requirements.

(a)

An Open Space and Rural Preservation Development shall maintain a minimum of 50 percent of the gross area of the site as dedicated open space held in common ownership.

(b)

The dedicated open space shall not include any land area that is devoted to a residential dwelling and its appurtenant minimum lot size, an accessory use, vehicle access, vehicle parking, or a roadway. No building or structure will be permitted to be placed, or erected, within the dedicated open space. Except for farm-related implements, the use of motor-driven vehicles or recreational means of travel shall not be allowed if the use of same is detrimental to the peaceful enjoyment of the development or the dedicated open space. A minimum of 25 percent of the dedicated open space shall consist of useable upland area. In determining the minimum useable land, regulated or non-regulated wetlands, lakes, submerged lands or floodplain areas shall not be included. In the event of a disagreement between the Township and an applicant over whether an area of land constitutes wetland, it shall be the applicant's responsibility to prove its position through the use of a duly qualified expert at the applicant's expense.

(c)

Dedicated open space may include any land area that is devoted to recreation, conservation, or agricultural uses. If open space areas of significance are determined by the Planning Commission, a condition of approval may require that the Open Space and Rural Preservation Development plan preserve these areas in a natural state and adequately protect them as nature preserves or limited access areas.

(d)

The dedicated open space shall be set aside by the developer through an irrevocable conveyance or covenant appurtenant to the open space that is found acceptable to, and approved by, the Planning Commission, such as:

(1)

Recorded deed restrictions;

(2)

Covenants that run perpetually with the land;

(3)

Conservation easement established in accordance with Part 21, Subpart 11, of Public Act No. 451 of 1994 (MCL 324.2140 et seq.), as amended;

(4)

Other legal means found to be adequate by the Planning Commission.

Such conveyance or covenants shall ensure that the open space will be protected from all forms of development, except for those uses as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

(1)

Indicate the allowable uses of the dedicated open space as approved by the Planning Commission.

(2)

Require that the dedicated open space be maintained by those parties who have an ownership interest in the open space. Such documents shall also contain adequate language providing for a means by which the costs of such maintenance will be paid as well as means to enforce such provisions.

(3)

Ensure that all residents have access to the open space for use of the open space and prohibit interfering with the use of the open space by residents and their guests.

4.

Dwelling Density.

(a)

Lots may vary in size but in no case shall they be less than one acre in size, including drives and access easements. The front, rear and side yard setbacks of a lot shall meet all Township standards for the zoning district where the property is located. The overall density for the single-family dwelling units shall be based upon a density no greater than one dwelling unit per 2½ acres. The density shall be based upon the gross parcel area.

(b)

Dwelling units shall be grouped so that open space within a development is at least 50 percent of the gross area of the site. Whenever possible, dwelling units should contain rear yards that are contiguous to the open space. Any parcel that does not have any lot line that is contiguous with the open space shall have an easement reserved for access to the open space.

(c)

Open space shall be at least 100 feet wide and shall be protected with an irrevocable conveyance or covenants found acceptable to the Planning Commission.

5.

Location of Lots.

(a)

Residential lots shall be laid out, to the greatest extent feasible, to achieve the following objectives:

(1)

Utilize the most suitable soils for subsurface septic disposal.

(2)

Sited in a manner least likely to block or interrupt scenic vistas, as seen from public roadways.

(3)

To the greatest extent possible, building envelopes, or building sites, shall be proposed in such a manner as to avoid being composed of wetlands or hydric soils.

(4)

Otherwise situated so as to meet the purpose and intent of this Ordinance.

6.

Regulatory Flexibility. To encourage flexibility and creativity consistent with the Open Space and Rural Preservation Development concept, the Planning Commission may grant specific departures from the requirements of the Zoning Ordinance for yard, lot and bulk standards as a part of the approval process, except as otherwise provided herein. These departures from the requirements shall not increase the number of dwelling units for the development beyond the density established herein. Any regulatory modification shall be approved through a finding by the Planning Commission that the deviation shall result in a higher quality of development than would be possible using conventional zoning standards. Regulatory modifications are not subject to variance approval of the Zoning Board of Appeals. No part of an Open Space and Rural Preservation Development plan may be appealed to the Zoning Board of Appeals.

7.

Landscaping and Buffering.

(a)

All dwellings and accessory structures shall be no less than 50 feet from lakes, ponds, streams and wetlands. The 50-foot area shall be part of the dedicated open space and shall not be in private ownership.

(b)

Existing public roadway frontage shall be preserved as much as possible or practical in the required setback area as required by the zoning district where the development is located through the use of native plants and trees between the roadway and any dwellings and/or accessory structures in the development. The Planning Commission may require the planting of additional screening to help provide buffering when there are insufficient native plants and trees to accomplish this goal.

(c)

The Planning Commission may require landscaping or natural vegetative cover as a buffer between the side and rear yards of dwellings and their related accessory buildings in an Open Space and Rural Preservation Development and adjacent single-family homes not in the development, if such buffering would assist in meeting the goals and objectives of this Ordinance.

G.

General Requirements.

1.

An Open Space and Rural Preservation Development shall require the submission of a concept plan (a conceptual drawing, not a full site plan) that identifies buildable land areas, proposed open space, unique features and residential lots that are based on the minimum lot sizes of the open space designation.

2.

Final approval of an Open Space and Rural Preservation Development proposal shall not require, nor shall it be construed as, an amendment to the Zoning Ordinance. All improvements and uses of the site shall be in conformity with the approved Open Space and Rural Preservation Development site plan and comply fully with any conditions imposed by the Township Planning Commission.

3.

The applicant shall record an affidavit with the Livingston County Register of Deeds containing the full legal description of the project site, specifying the date of final Township approval, and declaring that all improvements will be carried out in accordance with the approved Open Space and Rural Preservation Development plan unless an amendment is approved by the Township Planning Commission. In addition, all deed restrictions and easements shall be subject to approval by the Township Planning Commission and Township Attorney and shall be duly filed with the County Register of Deeds after approval. Copies of these recorded documents shall be presented to the Township.

4.

Following final approval of the Open Space and Rural Preservation Development site plan, a land use permit may be obtained in accordance with Section 21.04. It shall be the responsibility of the applicant to obtain all other applicable Township, County, State or Federal permits.

5.

Any property owner who fails to maintain an approved site design shall be deemed in violation of the use provisions of the Zoning Ordinance and shall be subject to the appropriate action to obtain compliance with the Zoning Ordinance. Each and every property owner shall also be responsible for insuring the open space is maintained in accordance with the approved final plan or be subject to the appropriate action to obtain compliance with the Zoning Ordinance.

6.

The Planning Commission may require that a performance guarantee, in accordance with this Article, be deposited with the Township to ensure completion of improvements.

7.

Prior to the issuance of any land use permits, the developer shall pay to the Township any and all fees as established by the Township Board related to compliance with this Ordinance, including, but not limited to, reimbursing the Township for all costs incurred by the Township in reviewing the Open Space and Rural Preservation Development plan and any other fees duly adopted by the Cohoctah Township Board in its schedule of fees.

8.

In the event that the project involves lands that include regulated wetlands, or if the Township Planning Commission believes that it is in the best interest of furthering the goals of this Ordinance to determine the wetlands on property which is proposed for an Open Space and Rural Preservation Development, it shall be the responsibility of the applicant/developer to employ the necessary and appropriate person or persons to locate and determine the boundaries of the wetlands on the property and to pay the costs thereof.

H.

Project Standards for Approval. In considering any application for approval of an Open Space and Rural Preservation Development site plan, the Planning Commission shall make their determinations on the basis of the standards for site plan approval set forth in Article XX, as well as the following standards and requirements:

1.

The overall design and land uses proposed in connection with an Open Space and Rural Preservation Development shall be consistent with the intent of the Open Space and Rural Preservation Development concept, as well as with specific design standards set forth herein.

2.

Open space should include irreplaceable natural features located on the parcel, such as, but not limited to, stream beds, wetlands, significant stands of trees, and individual trees of significant size. The protection of these natural features shall comply with all applicable environmental protection laws and regulations.

3.

Diversity and originality in lot layout and individual building design shall be encouraged to achieve the best possible relationship between development and the land.

4.

The Open Space and Rural Preservation Development shall be designed to minimize the impact of traffic generated by the proposed development on surrounding uses.

5.

The proposed Open Space and Rural Preservation Development shall comply with all applicable Federal, State and local regulations.

6.

Compliance with the requirements of the provisions of this Section.

7.

Prior to final approval by the Planning Commission, the proposed divisions for the application shall be submitted to the Township Assessor for conditional approval of the proposed divisions under the Township's Land Division Ordinance.

I.

Scheduled Phasing. If a project is proposed for development in phases, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the Open Space and Rural Preservation Development and the residents of the surrounding area.

J.

Revision of Approved Plans.

1.

The developer may apply for changes or revisions to an approved Open Space and Rural Preservation Development plan by submitting a request to the Planning Commission following proper application under appropriate site plan review procedures outlined in Article XX, including any appropriate supporting information, subject to a finding by the Planning Commission of all of the following:

(a)

Such changes will not adversely affect the initial basis for granting approval;

(b)

Such changes will not adversely affect the overall Open Space and Rural Preservation Development in light of the intent and purpose of such development as set forth in this Section; and

(c)

Such changes shall not result in the reduction of open space area as required herein.

(Amd. No. 38, § 1, 11-14-2002; Amd. No. 44, § 2, 3-10-2005; Amd. No. 47, § 1, 2-9-2006; Amd. No. 71, § 2, 9-13-2012; Amd. No. 73, § 1, 12-13-2012)

State Law reference— Open space preservation, MCL 125.3506.

A.

The Planning Commission may require a Traffic Impact Assessment (TIA), at the expense of the applicant, for any residential, office, commercial, industrial or mixed use development, which includes a land area of five acres or more or a building over 50,000 square feet, or when permitted uses could generate either a 30 percent increase in average daily traffic, or at least 100 directional trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over 750 trips in an average day, before approving a required site plan or making a decision upon a request for Planned Unit Development approval. Trip generation figures must come from the most recent version of Trip Generation published by the Institute of Traffic Engineers, or any local trip generation rates either published or approved by the Michigan Department of Transportation. At their discretion, the Planning Commission may accept a TIA prepared for another public agency.

(Amd. No. 46, 12-8-2005; Amd. No. 81, § 30, 5-11-2017)

(1)

Definitions.

a.

"Agricultural Tourism, Ag-tourism and/or agri-tourism means the practice of visiting an agribusiness, horticultural, or agricultural operation, including but not limited to, a farm, orchard, winery, greenhouse, hunting preserve, a companion animal or livestock show, for the purposes of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation.

b.

Value-added agricultural product means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to marketing, agricultural processing, transforming, or packaging, educational presentation, activities and tours.

c.

Agricultural products include, but are not limited to, crops (corn, wheat, hay, potatoes); fruit (apples, peaches, grapes, cherries, berries, etc.): cider; vegetables (sweet corn, pumpkins, tomatoes, etc.); floriculture, herbs; forestry; husbandry; livestock and livestock products (cattle, sheep, hogs, horses, poultry, ostriches, emus, farmed deer, farmed buffalo, milk, eggs, and fur, etc.); aquaculture products (fish, fish products, water plants and shellfish); horticultural specialties (nursery stock, ornamental shrubs, flowers and Christmas trees); maple sap, etc.

d.

Agriculturally related products means items sold at a farm market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Michigan and value-added agricultural products and production on site.

e.

Non-agriculturally related products means those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc.

f.

Agriculturally related uses means those activities that predominantly use agricultural products, building or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes, etc.

g.

Non-agriculturally related uses means activities that are part of an agri-tourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include amusement rides, concerts, etc. and are subject to special use permit.

h.

Farm Market/On-farm market/roadside stand means the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agribusiness operation or agricultural land.

i.

Seasonal means a recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round.

j.

Seasonal sign means a sign erected for a limited period of time during the year when retailing activities for a particular farm product is available to the public.

(2)

Permitted principal uses. General and specialized farming or agricultural products and agricultural activities, including the raising or growing of crops, livestock, poultry, bees and other farm animals, products and foodstuffs. Any building or structure may be located thereon and used for the day-to-day operation of such activities, for the storage or preservation of said crops, or animals, products and collection, distribution, or processing, and for the incidental sale of crops, products and foodstuffs raised or grown on said parcels or in any building or structure on such parcels.

a.

Storage, retail or wholesale marketing, or processing of agricultural products into a value-added agricultural product is a permitted use in a farming operation.

b.

Cider mills or wineries selling product, in a tasting room, derived from crops grown primarily on site.

c.

Seasonal U-pick fruits and vegetables operations.

d.

Seasonal outdoors mazes of agricultural origin such as straw bales or corn.

e.

Food sales/processing, processing any fruits/produce.

f.

Uses b. through e. listed above may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the farm is maintained:

1.

Value-added agricultural products or activities such as education tours or processing facilities, etc.

2.

Bakeries selling baked goods containing produce grown primarily on site.

3.

Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides).

4.

Petting farms, animal display, and pony rides.

5.

Wagon, sleigh and hayrides.

6.

Nature trails.

7.

Open air or covered picnic area with restrooms.

8.

Educational classes, lectures, seminars.

9.

Historical agricultural exhibits

10.

Kitchen facilities, processing/cooking items for sale.

11.

Gift shops for the sale of agricultural products and agriculturally related products. Such shops may also offer for sale non-agriculturally related products such as antiques or crafts but only as an accessory to the agriculturally related products.

(3)

Permitted principal special uses with conditions.

a.

Bed and breakfast.

b.

Restaurant operations related to the agricultural use on the site.

c.

Non-agriculturally related uses listed as permitted uses in the district where the property is located but which include any of the following ancillary uses may require a special use permit.

1.

Small-scale entertainment (e.g., car show, art fair).

2.

Family oriented animated barns (e.g., fun houses, haunted houses, or similar) and small mechanical rides.

(Amd. No. 55, § 1, 3-13-2008)

No development of any parcel of property, whether platted or not, shall occur that results in, or will or could result in, the increase of the flow of water onto adjacent property that is not owned by the person who is developing the subject parcel.

(Amd. No. 55, § 4, 3-13-2008)

Wireless communication antenna shall be considered a permitted accessory use when placed on, or attached to, any legally existing structure, except a residential dwelling, in any zoning district provided that any such antenna shall not extend more than 20 feet above the tallest portion of the structure on or to which it is attached. Furthermore, the height of any such antenna at its tip shall not exceed 200 feet from the surface of the ground unless:

a.

(1)

The antenna is located on a lawfully existing or approved communication tower or wireless communication facility; or

(2)

It is located on a structure which has received a height variance.

b.

If a wireless communication antenna requires an accessory equipment storage structure, it shall not be greater than 15 feet in height and shall meet all zoning requirements. If the structure is located within a residentially zoned district then its exterior finish shall be compatible with any adjacent residential structure.

c.

All wireless communication antenna shall be designed to blend into or meet the aesthetic character of the principal structure where it is located taking into consideration the location of the wireless communication antenna and the line of sight angle and distance from the road right-of-way and any neighboring uses.

d.

No accessory equipment structure or area shall be allowed in any rights-of-way.

e.

The Planning Commission may require the structure on which the wireless antenna or antennae is located to be fenced and/or have an anti-climbing device if the Planning Commission finds that the structure poses a potential hazard or attractive nuisance to the health, safety, or welfare of the general public.

f.

The installation of a wireless communication antenna in any zoning district must be reviewed and approved by the planning commission. The application shall contain information sufficient to allow the planning commission to determine that the wireless communication antenna will meet the requirements of this zoning ordinance.

(Amd. No. 57, § 4, 11-13-2008)

No person shall install an outdoor wood-fired boiler or furnace until they have submitted an application for a land use permit. A permit for an outdoor wood-fired boiler or furnace will be issued by the Zoning Administrator upon receipt of the completed land use application that includes a drawing and indicating all of the following:

A.

The boiler or furnace shall be for the purpose of heating a dwelling and/or accessory structure on the same lot or parcel.

B.

The lot or parcel shall be a minimum of two acres in size.

C.

The boiler or furnace shall be located no closer than 40 feet to any other structure.

D.

The boiler or furnace shall be located a minimum of 50 feet from any property line and shall not be allowed in any front yard.

E.

An area of at least five feet in diameter around the boiler or furnace shall be kept free of ignitable vegetation and debris.

F.

The boiler or furnace shall not be used to burn refuse or junk.

(Amd. No. 61, § 2, 9-17-2009)

Two-family dwelling units may be permitted in the SR Suburban Residential Districts subject to the standards and conditions outlined in this Ordinance, and specifically here:

1.

The total square footage of the living area for each family shall consist of at least 960 square feet.

2.

Except as stated above, the parcel shall comply with all other requirements for the SR District.

3.

The structure shall be compatible with single-family dwellings located within the surrounding neighborhood.

4.

Screening shall be provided along any adjacent property lines that are used or zoned for single family residential housing with evergreens or shrubs that are at least four feet in height at the time of planting and spaced to provide a continuous screen at maturity. Any such screening shall not create a vision hazard at a road intersection or driveway.

5.

An accessory building of at least 100 square feet shall be provided for each family for storage.

6.

Outdoor trash receptacles shall be stored on property so as to not be visible from the street or residences on parcels adjacent to the two-family dwelling.

7.

Owners of the two-family dwellings shall be responsible for insuring that the dwellings and their yard areas are maintained in compliance with the requirements and provisions of the zoning ordinance.

(Amd. No. 62, § 2, 2-11-2010)

Editor's note— Amd. No. 62, adopted February 11, 2010 added § 16.56, two-family dwellings as § 16.55. Editorially changed to § 16.56.

A.

General Provisions. All Wind Energy Systems are subject to the following requirements:

1.

All Wind Energy Systems shall conform to the provisions of this Ordinance and all county, state, and federal regulations and safety requirements, including applicable building codes and applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriter Laboratory (UL), National Electrical Code (NEC), National Fire Protection Association (NFPA), and the most current Michigan Uniform Building Code adopted by the enforcing agencies.

2.

If an applicant, operator, or landowner of a Wind Energy System fails to comply with this Ordinance, the Township, in addition to any other remedy under this Ordinance, may revoke any approvals after giving the applicant 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.

B.

Private Wind Energy Systems.

1.

Administrative Review. Except as provided in subsection (d) below, all Private Wind Energy Systems require administrative approval as follows:

a.

Application to Zoning Administrator. An applicant who seeks to install a Private Wind Energy System shall submit an application to the Zoning Administrator on a form approved by the Township Board.

b.

Application Requirements. The application shall include:

i.

A site plan depicting setbacks, turbine size, and the location of property lines, buildings, fences, greenbelts, and road right of ways. The site plan shall be drawn to scale.

ii.

Photographs of the property's existing condition.

iii.

Renderings or catalogue cuts of the proposed wind energy equipment.

iv.

A certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency acceptable to Township.

v.

A copy of the manufacturer's installation directions.

c.

Zoning Administrator Authority. The Zoning Administrator is authorized to approve, approve with conditions, or deny applications for Private Wind Energy Systems. An aggrieved party may appeal the Zoning Administrator's decision to the Zoning Board of Appeals pursuant to Article 6 of the Zoning Ordinance.

d.

Exclusions from Administrative Review. Administrative review is not required for repair and replacement of existing wind energy equipment if there is no expansion of the size or area of the wind energy equipment.

2.

Private Wind Energy System. Private Wind Energy Systems are permitted in all zoning districts as an accessory use, subject to administrative approval as set forth in this section and subject to the following requirements:

a.

Safety. A Private Wind Energy System shall be installed, maintained, and used only in accordance with the manufacturer's instructions, and it shall comply with all applicable construction code and electric code including the most current version of the Michigan Uniform Building Code and National Electrical Code adopted by the enforcing agencies.

b.

Building Permit. A building permit is required.

c.

Maximum Height. The total height of a Private WECS with the blade fully extended must not exceed 90 feet. The minimum clearance from ground level to the blade at its lowest point must be 30 feet.

d.

Location. The minimum setback of a Private WECS from any property line or road right-of-way must equal three times the total height of the unit (with the WECS blade at its highest point).

e.

[Noise.]Private WECS must comply with the noise limits set forth in this Ordinance.

f.

Underground Transmission. All power transmission or other lines, wires, or conduits from a Private Wind Energy System to any building or other structure shall be located underground. If batteries are used as part of the Private Wind Energy System, they shall be placed in a secured container or enclosure.

C.

Utility-Scale Wind Energy Systems. Utility-Scale Wind Energy Systems are permitted by Special Land Use approval in the Renewable Energy Overlay District and Solar Energy Systems District and require a special land use permit under Article 5 and site plan approval under Article 4. Utility-Scale Wind Energy Systems are also subject to the following requirements:

1.

System and Location Requirements.

a.

Utility-Scale Wind Energy Systems are to be located only in the Renewable Energy Overlay District or Solar Energy Systems District.

b.

A deposit for an escrow account in an amount set by resolution or fee schedule approved by the Township Board. The escrow account is used to cover all costs and expenses associated with the special land use review and/or approval process, which costs can include, but are not limited to, review fees of the Township Attorney, Township Planner, and Township Engineer, as well as any reports or studies which the Township anticipates will be required during the review and/or approval process for the application. At any point during the review process, the Township may require that the applicant place additional monies into escrow with the Township if the existing escrowed funds on account with the Township will be insufficient, in the determination of the Township, to cover any remaining costs or expenses with the review and/or approval process. If additional funds are required by the Township to be placed in escrow and the applicant refuses to do so within 14 days after receiving notice, the Township will cease the zoning review and/or approval process until and unless the applicant makes the required escrow deposit. Any escrow amounts in excess of actual cost will be returned to the applicant. An itemized billing of all expenses will be provided to the applicant upon request.

c.

A list of all parcel numbers that will be used by the Utility-Scale Wind Energy System; documentation establishing ownership of each parcel; and any and all lease or option agreements, easements, or purchase agreements for the subject parcels, together with any attachments to such agreements or easements.

d.

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

e.

Federal employer identification number for current owner/operator is required at the time of application.

f.

A written emergency response plan detailing the applicant's plan for responding to emergencies, including fire emergencies, and analyzing whether adequate resources exist to respond to fires and other emergencies. If adequate resources do not exist, the applicant shall identify its plan for providing those resources. The emergency plan shall include identification of potential hazards to adjacent properties, public roadways, and to the community in general that may be created, as well as plans for immediate cleanup, long-term monitoring, and continued mitigation efforts following an emergency.

g.

A written description of the fire suppression system that will be installed, which shall identify the manufacturer of the fire suppression system and generally describe its operations and capacity to extinguish fires.

h.

A written description of specialized training and/or equipment necessary for handling fires and/or other emergencies at the Utility-Scale Wind Energy System site. The training plan must include, at a minimum, annual emergency response training for local firefighters and other local emergency personnel at the site of the Utility-Scale Wind Energy System.

i.

A complete set of photographs, video, and topography map at two-foot intervals of the entire participating property prior to construction.

j.

A copy of any power purchase agreement or other written agreement that the applicant has with an electric utility or any agreement or approval for interconnection between the proposed Utility-Scale Wind Energy System and an electric utility or transmission company.

k.

A written plan conforming to the requirements of this Ordinance for maintaining the subject property, including a plan for maintaining and inspecting drain tiles and addressing stormwater management.

l.

A decommissioning and land reclamation plan describing the actions to be taken following the abandonment or discontinuation of the Utility-Scale Wind Energy 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 Wind Energy System and restore the subject parcels to as near as possible to the condition the subject parcels were in prior to being used as a Utility-Scale Wind Energy System.

m.

Financial security that meets the requirements of this Ordinance.

n.

A plan for resolving complaints regarding but not limited to noise, glare, maintenance, and drainage from the public or other property owners concerning the construction and operation of the Utility-Scale Wind Energy System.

o.

Identification of and a plan for managing any hazardous waste.

p.

A transportation plan for construction and operation phases, including any applicable agreements with the Livingston County Road Commission and Michigan Department of Transportation.

q.

An attestation that the applicant and owner of the subject property will indemnify and hold the Township and its officials, elected or appointed, harmless from any costs or liability arising from the approval, installation, construction, maintenance, use, repair, or removal of the Utility-Scale Wind Energy System.

r.

A copy of the manufacturer's directions, instruction manual, and specification sheets including any unredacted safety manuals and Safety Data Sheets (SDS), for installing, maintaining, and using the Utility-Scale Wind Energy System.

s.

A ground cover vegetation establishment and management plan that complies with this Ordinance.

t.

Proof of environmental compliance, including compliance with:

i.

Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act; (MCL 324.3101 et seq.);

ii.

Part 91, Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.) and any corresponding County ordinances;

iii.

Part 301, Inland Lakes and Streams, (MCL 324.30101 et seq.);

iv.

Part 303, Wetlands (MCL 324.30301 et seq.);

v.

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.

u.

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

v.

Insurance. Proof of the owner/operator's public liability insurance shall be provided at the time of application. If the applicant is approved, proof of insurance shall be provided to the Township annually thereafter. The policy shall provide for bodily injury and property damage and shall name Cohoctah Township and each participating property owner as an additional insured. The owner/operator shall insure for liability for the utility scale wind system until removed for at least $25,000,000.00 per occurrence to protect the owner/operator, Township, and participating property owner. Proof of a current policy is required annually and shall be provided each year to the Township prior to the anniversary date of the Special Land Use Permit.

w.

Compliance with the Michigan Uniform Building Code and National Electric Safety Code: Construction of a Utility Wind Energy Facility shall comply with the most current version of the Michigan Uniform Building Code and National Electrical Code adopted by the enforcing agencies as a condition of any Special Land Use Permit under this section.

x.

Conceptual plan. A graphical computer generated depiction of how the Utility-Scale Wind Energy System will appear from all directions.

2.

Site Plan Application Requirements.

a.

Contents of Site Plan. In addition to the requirements in Article 4, the applicant shall, at its expense, provide a detailed application and site plan drafted to a scale of one inch equals 200 feet with the following:

i.

Location of all proposed structures, turbines, equipment, transformers, and substations.

ii.

Location of all existing structures or dwellings on the parcel and location of all existing structures or dwelling on adjacent non-participating property within 1,000 feet of the property lines of any participating properties.

iii.

Depiction of all setbacks, property lines, fences, signs, greenbelts, screening, drain tiles, easements, flood plains, bodies of water, proposed access routes, and road rights-of-way.

iv.

Indication of how and where the system will be connected to the power grid.

v.

Plan for any land clearing and grading required for the installation and operation of the system.

vi.

Plan for ground cover establishment and management.

vii.

Anticipated construction schedule and completion date. As a condition of any special land use or site plan approval, hours of construction shall be limited to Monday through Friday from 7:00 a.m. to 5:00 p.m. with no construction on Saturday, Sunday, or any federally recognized holiday.

viii.

Sound modeling study including sound isolines extending from the sound sources to the property lines.

ix.

Any additional studies requested by the Planning Commission, including but not limited to the following:

a.

Visual Impact Assessment: A technical analysis by a third party qualified professional approved by the Township at applicant/owner's expense of the visual impacts of the proposed project, including a description of the project, the existing visual landscape, and important scenic resources, plus visual simulations that show what the project will look like (including proposed landscaping and other screening measures), a description of potential project impacts, and mitigation measures that would help to reduce the visual impacts created by the project.

b.

Environmental Analysis: An analysis by a third-party qualified professional approved by the Township at applicant/owner's expense to identify and assess any potential impacts on the natural environment including, but not limited to, removal of trees, wetlands and other fragile ecosystems, wildlife, endangered and threatened species. If required, the analysis will identify all appropriate measures to minimize, eliminate or mitigate adverse impacts identified and show those measures on the site plan, where applicable.

c.

Stormwater Study: An analysis by a third-party qualified professional approved by the Township at applicant/owner's expense studying the proposed layout of the Utility-Scale Wind Energy System and how the spacing, row separation, and slope affects stormwater infiltration, including calculations for a 100-year rain event. Percolation tests or site-specific soil information shall be provided to demonstrate infiltration on-site without the use of engineered solutions.

d.

Glare Study: An analysis by a third-party qualified professional approved by the Township at applicant/owner's expense to determine if glare from the Utility-Scale Wind Energy System will be visible from nearby airports, air strips, residences, and roadways. The analysis will consider the changing position of the sun throughout the day and year and its influence on the Utility-Scale Wind Energy System.

e.

Optional Conceptual Layout Plan. Applicants shall submit an optional conceptual layout plan for review prior to submission of a formal site plan. The conceptual site plan shall be reviewed by the Planning Commission to allow for discussion and feedback.

x.

Approvals from Other Agencies. Final site plan approval may be granted only after the applicant receives all required federal, state and local approvals, including any applicable approval by the state historic preservation office. Applicant shall provide copies of all review letters, final approved plans, and reports issued by any other governing agencies to the Township.

xi.

The site plan must show the existing topographical grades in two-foot intervals and conditions of all Participating Property at the time of application.

xii.

A baseline soil test including Cation Exchange Capacity (CEC) shall be provided to the township prior to any construction.

xiii.

A written description of how the applicant will address dust control during construction. Such plan shall, at a minimum, consist of water applications at least three times per day unless it has rained in the preceding three hours of the planned application.

xiv.

Water Usage and Cleaning. The applicant shall detail the methodology planned for cleaning the wind turbines, frequency, and listing of any and all detergents, surfactants, chemical solutions used for each cleaning, and sources of water used to facilitate turbine restoration and maintenance.

3.

Application items as Substantive Requirements. The information, plans, documents, and other items identified as application requirements in this Ordinance, including the site plan and special land use permit, are substantive requirements for obtaining approval for a Utility-Scale Wind Energy System. The Planning Commission is to review the sufficiency of the application materials. If the Planning Commission determines that the substance of any application item is insufficient to protect the public health, safety, and welfare, the Planning Commission shall deny approval on that basis.

4.

System and Location Requirements.

a.

Utility-Scale Wind Energy Systems are to be located only in the Wind Energy System Overlay District.

b.

The minimum setback from any property line of a Non-Participating Landowner or any road right-of-way is 3,000 feet or five times the Tip Height of each turbine in the Utility-Scale WECS, whichever is larger. Additionally, each turbine must be located at least point five miles from the nearest lake or body of water. If a single Utility-Scale Wind Energy System is located on more than one lot, or if the adjacent parcel is owned by the same owner as the property on which the Utility-Scale Wind Energy System is located, then the lot line setbacks of this subsection do not apply to the lot lines shared by those lots.

c.

The maximum height of a Utility-Scale WECS with the blade fully extended must not exceed 300 feet.

d.

The minimum clearance from ground level to the blade at its lowest point must be at least 100 feet.

e.

Blade arcs created by a Utility-Scale WECS must have a minimum of 100 feet of clearance over and away from any structure.

f.

Each Utility-Scale WECS must be equipped with a braking or equivalent device, capable of stopping the Utility-Scale WECS operation in high winds with or without SCADA control. The braking system must be effective during complete grid power failure when Utility-Scale WECS are unable to communicate with SCADA control or receive power.

g.

All turbines must be equipped with technology that automatically de-ices the turbine blades. The system must detect ice and heat the blades, such as through the use of built-in carbon heating mats or through the circulation of hot air.

5.

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

6.

Appearance. All turbines and towers must be painted a non-obtrusive, neutral color, such as beige, gray, or off-white and must be non-reflective. All turbines bases and blades must be the same color and must be consistent with the color of other Utility-Scale WECS in the Township. No advertisements, graphics, or striping are permitted on the blades or towers. The applicant is encouraged to select anti-icing paint that prevents the formation of ice on the surface of the turbine's blades.

7.

Lighting. Lighting of the Utility-Scale Wind Energy System is limited to the minimum light necessary for safe operation. Towers may be lit only to the minimum extent required by the FAA.

8.

Security Fencing.

a.

Security fencing may be required by the Planning Commission to be installed around all electrical equipment related to the Utility-Scale Wind Energy System, including any transformers. Fencing shall be at least seven feet tall and be composed of woven agricultural wire. Barbed and razor wire is prohibited.

b.

A containment system shall surround any transformers in case of hazardous waste or oil spills.

c.

Appropriate warning signs shall be posted at safe intervals at the entrance and around the perimeter of the Utility-Scale Wind Energy System.

d.

Gate posts and corner posts shall have a concrete foundation.

e.

Gates shall be the same height and constructed of the same material as the fencing. Access, such as Knox box, shall be provided for emergency responders.

f.

The Township may allow or require a fence design to allow for the passage of wildlife upon a finding that adequate access control and visual screening will be preserved.

g.

Security fencing is subject to setback requirements. The security fence shall be locked, and a self-locking device shall be used. Lock boxes and keys (may be electronic such as keypad opener, if the passcode is provided to the Township and central dispatch for 911 service) shall be provided at locked entrances for emergency personnel access. Electric fencing is not permitted. A safety plan shall be in place and updated regularly with the local fire department having jurisdiction over the Utility-Scale Wind Energy System.

9.

Noise. All sound measurements are to be instantaneous and shall not be averaged. The noise generated by a Utility-Scale Wind Energy System shall not exceed the following limits:

a.

40 dBA Lmax, as measured at the property line, between the hours of 7:00 a.m. and 9:00 p.m.

b.

35 dBA Lmax, as measured at the property line, between the hours of 9:00 p.m. and 7:00 a.m.

c.

The owner/operator of the Utility-Scale Wind Energy System shall annually provide for a sound analysis or modeling, conducted by an auditory expert chosen by the Township, at the expense of the applicant.

10.

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

11.

Drain Tile Inspections. The Utility-Scale Wind Energy System shall be maintained in working condition at all times while in operation. The owner/operator shall hire, at its own expense, a third-party contractor approved by the Township to identify and inspect all drain tiles at least once every two years by means of a robotic camera, with the first inspection occurring post construction but before the Utility-Scale Wind Energy System is in operation. The owner/operator shall submit proof of the inspection to the Township. The owner/operator shall repair any damage of 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.

12.

Fire Suppression. The Utility-Scale Wind Energy System shall include a fire suppression system that is specifically designed to immediately suppress and extinguish fires in any part of the Wind Energy System, including the turbines, electrical equipment, and transformers. The owner/operator shall provide documentation establishing the effectiveness of the fire suppression system and the results of a third-party independent inspection (approved by the Township) of the fire suppression system. The fire suppression system shall also be reviewed and approved by local EMS.

13.

Battery Storage. Commercial grid storage batteries or capacitor banks storing or returning supplemental power to the grid are not permitted in the District. Use of Batteries in commercial applications is only permitted as emergency backup for safety lighting and related computer infrastructures.

14.

[Communication Interference.] A Utility-Scale WECS must not interfere with any radio, television, or other communication systems. If the Township or the applicant or operator of the Utility-Scale WECS receive a complaint about communication interference, the applicant or operator must resolve the interference immediately and provide proof that the interference has been resolved within 90 days.

15.

Stray Voltage Assessments. No stray voltage originating from a Utility-Scale Wind Energy System may be detected on any Participating or Non-Participating property. A preconstruction stray voltage test shall be conducted on all Michigan Department of Agriculture and Rural Development (MDARD) registered livestock facilities located within a one-mile radius of the Participating Properties. The tests shall be performed by an investigator approved by the Township at the applicant/owner's expense. A report of the tests shall be provided to the owners of all property included in the study area. The applicant/landowner shall seek written permission from the property owners prior to conducting testing on such owners' property. Applicants/landowners shall not be required to perform testing on property where the owners have refused to grant permission to conduct the testing. The owner of any Participating Property included in the list of project parcels shall not refuse the stray voltage testing if they have a MDARD registered livestock facility on the Participating Property.

16.

Drainage. Drainage on the site shall be maintained in a manner consistent with, or improved upon, existing natural drainage patterns. Any disturbance to drainage or water management practices shall be managed within the property and on-site in order to not negatively impact surrounding properties as a result of the development. This shall be maintained for the duration of the operation and shall be able to be returned to pre-existing conditions following decommissioning. Any existing drainage tiles that are identified on the property shall be shown on the as-built drawings submitted following construction. Prior to the start of construction, any existing drain tile shall be inspected by a third-party contractor approved by the Township, at applicant/owner's expense by robotic camera and the imagery submitted to the Township for baseline documentation on tile condition. Any damage shall be repaired, and a report submitted to the landowner and Township. While the facility is in operation, the owner/operator shall reinspect the drain tiles every two years by robotic camera for any damage and shall repair any damage within 60 days of discovery. The owner/operator shall report the inspection, along with any damage and repair, to the Township within 90 days after each two-year deadline. The Township reserves the right to have the Building Inspector or other agent present at the time of repair. Wind turbine support structures and/or foundations shall be constructed to preserve any drainage field tile or system.

17.

Access Routes. Access drives are subject to the approval of the Livingston County Road Commission to the extent of the Road Commission's jurisdiction. All access drives and roads within the site shall be adequately maintained for emergency vehicle use, including winter maintenance.

18.

[As-Built Drawings Required Prior to Grid Connection.] The owner/operator shall submit an as-built drawing with dimensions relative to property lines of all new structures including turbines and buried cable both inside and outside fenced areas upon completion and before any power is supplied to the grid. The as-built drawing shall be a scale of one inch equals 200 feet.

19.

Signs. Signs are permitted but shall comply with Article 22. The lot shall include at least one sign identifying the owner and providing a 24-hour emergency contact telephone number.

20.

Emergency Action Plan and Training. Before the Utility Wind Energy System is operational, the owner/operator shall provide the necessary training, equipment, or agreements specified in the application to Township or other emergency personnel. All training must be consistent with current industry standards. The emergency plan will be a public record.

21.

Decommissioning and/or Abandonment.

a.

If a Utility-Scale Wind Energy System is abandoned or otherwise non- operational for a period of six months, the owner/operator shall notify the Township and shall remove the system within six months after the date of abandonment. Removal requires receipt of a demolition permit and full restoration of the site in accordance with the provisions of this Ordinance and to the satisfaction of the Zoning Administrator. Decommissioning shall include the removal of each turbine, all buildings, electrical components, foundations and roads, as well as any other associated facilities. The site shall be filled and covered with topsoil and restored to a state compatible with the surrounding vegetation. The requirements of this subsection also apply to a Utility-Scale Wind Energy System that is never fully completed or operational if construction has been halted for a period six months.

b.

The decommissioning plan shall be written to provide security to the Township for 125 percent of the cost to remove and dispose of all turbines, removal of all wiring, footings, and pilings, (regardless of depth), and restoration of the land to its original condition. The value of decommissioning shall be determined by a third-party financial consultant or engineer selected by the Township and paid for by the developer. The decommissioning security shall be paid in cash to the Township. Once the value of decommissioning is determined, it shall be updated on a periodic basis of not less than every two years and additional security shall be required based on the average inflation rate of the preceding two years.

c.

All abandonment and decommissioning work shall be done when soil is dry as determined by a third-party soil expert approved by the Township at the applicant/owner's expense.

d.

The ground shall be restored to its original topography within 365 days of abandonment or decommissioning. An extension may be granted if a good faith effort has been demonstrated and any delay is not the result of actions or inaction of the owner/operator. A baseline soil test including Cation Exchange Capacity (CEC) shall be conducted and provided to the Township in the decommissioning process, and any negative variations from the pre-construction soil test must be remedied.

e.

If land balancing is required, all topsoil will be saved and spread evenly over balanced area according to the existing topography map provided at the time of application.

f.

An annual report shall be provided to the Zoning Administrator showing continuity of operation and shall notify the Zoning Administrator if the use is to cease, prior to decommissioning, or abandonment.

g.

Continuing Obligations: Failure to keep any required financial security in full force and effect at all times while a Utility Wind Energy System exists or is in place shall constitute a material and significant violation of the Special Land Use Permit, and this Ordinance, and will subject the Utility Wind Energy System owner/operator (jointly and severally, if there is more than one owner or operator) to all remedies available to the Township, including any enforcement action, civil action, request for injunctive relief, and revocation of the Special Land Use Permit.

h.

The Township shall have the right to seek injunctive relief to effect or complete decommissioning, as well as the right to seek reimbursement from the owner/operator or landowner for decommissioning costs in excess of the amount deposited in escrow and to file a lien against any real property owned by the owner/operator or landowner for the amount of the excess, and to take all steps allowed by law to enforce said lien.

i.

At the time of decommissioning, the Planning Commission may allow deviations from the above decommissioning requirements following notice and a public hearing in accordance with Section 103 of the Zoning Enabling Act.

22.

Complaint Resolution. Utility Wind Energy 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 Wind Energy 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.

23.

Maintenance and Repair.

a.

Each Utility-Scale Wind Energy System shall be kept and maintained in good repair and condition at all times and the site shall be neat, clean, and free of refuse, waste, or unsightly, hazardous, or unsanitary conditions. All wind turbines damaged beyond repair or use shall be replaced and removed from the project site within seven days and shall be disposed of off-site in accordance with any state or federal requirements. Applicant/owner may request an extension of this seven-day requirement, in writing, which may be granted at the discretion of the Planning Commission.

b.

If the Township Board or Zoning Administrator determines that a Utility-Scale Wind Energy System fails to meet the requirements of this Ordinance or the Special Land Use Permit, the Zoning Administrator or Township Board shall provide notice to the owner/operator of the non-compliance, and the owner/operator has 14 days to cure the violation. If the violation is a safety hazard as determined by the Zoning Administrator or Township Board, then the owner and/or operator has seven days to cure the violation. If the owner and/or operator has not remedied non-compliance issues in the aforementioned time periods, the owner/operator shall immediately shut down the Utility-Scale Wind Energy System and shall not operate, start or restart the Utility-Scale Wind Energy System until the issues have been resolved. If the owner/operator fails to bring the operation into compliance, the Township may seek relief at law or equity to abate the nuisance and may also issue a municipal civil infraction citation. Each violation for which the owner/operator are deemed responsible shall result in a $500.00 fine. Each day shall constitute a new violation.

c.

The owner/operator shall keep a maintenance log on the wind turbine(s), which shall be available for the Township's review within 48 hours of such request.

d.

General Maintenance Bond. At the time of the Special Land Use application, the owner/operator shall submit two third-party contractor bids for construction of all fencing, landscaping, and drainage improvements associated with the Utility-Scale Wind Energy System. A performance bond in the amount of 125 percent of the higher bid shall be provided to the Township in cash to ensure completion. The Township may use the bond to complete or repair any landscaping, fencing, or drainage infrastructure (including drain tiles).

24.

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

25.

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

a.

Amount of electric generation;

b.

Current proof of insurance with the township and Participating Property owner(s) shown as named insured;

c.

Verification of financial security; and

d.

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

Additionally, a representative of the owner/operator shall appear before the Planning Commission annually to report on the Utility-Scale Wind Energy System and address questions or concerns from the Planning Commission.

26.

Inspections. The Township may inspect a Utility-Scale Wind Energy System at any time by providing 24 hours' advance notice to the owner/operator.

27.

Transferability. A special use permit for a Utility-Scale Wind Energy System is transferable to a new owner. The new owner shall register its name, Federal Employer Identification Number, and business address 30 days prior to the transfer date with the Township and shall comply with this Ordinance and all approvals and conditions issued by the Township. In the event of a sale or transfer of ownership and/or operation of the wind facility, the original escrow shall be maintained throughout the entirety of the process and shall not be altered.

28.

Site Plan Amendments.

a.

Site plan amendments must comply with sections 20.08 and 20.11. The following amendments require Planning Commission approval:

i.

Changes of the location of turbines, fencing, buildings, or ancillary equipment by ten feet or more.

ii.

Any increase in the height of wind turbines.

29.

Remedies. If an owner/operator fails to comply with this Ordinance, the Township, in addition to any other remedy under this Ordinance, may issue a "stop work" order until the owner/operator in compliance with the Ordinance. 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.

D.

Wind Energy Systems under PA 233. On or after November 29, 2024, once PA 233 of 2023 is in effect, then the following provisions apply to Wind Energy Systems with a nameplate capacity of 100 megawatts or more. To the extent these provisions conflict with the provisions in subsections A through C above, these provisions control as to such Wind Energy Systems. This subsection does not apply if PA 233 of 2023 is repealed, enjoined, or otherwise no in effect and does not apply to Wind Energy Systems with a nameplate capacity of less than 100 megawatts. All provisions in subsections A through C above that do not conflict with this subsection remain in full force and effect.

1.

Setbacks. Wind Energy Systems must comply with the following minimum setback requirements, with setback distances measured from the center of the base of the wind tower:

2.

Shadow Flicker. Each wind tower must be sited such that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions as indicated by industry standard computer modeling.

3.

Height. Each wind tower blade tip must not exceed the height allowed under the Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR part 77.

4.

Noise. The Wind 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.

5.

Lighting. The Wind Energy System must be equipped with a functioning light-mitigating technology. To allow proper conspicuity of a wind turbine at night during construction, a turbine may be lighted with temporary lighting until the permanent lighting configuration, including the light-mitigating technology, is implemented. The Township may grant a temporary exemption from the requirements of this subparagraph if installation of appropriate light-mitigating technology is not feasible. A request for a temporary exemption must be in writing and state all of the following:

a.

The purpose of the exemption.

b.

The proposed length of the exemption.

c.

A description of the light-mitigating technologies submitted to the Federal Aviation Administration.

d.

The technical or economic reason a light-mitigating technology is not feasible.

e.

Any other relevant information requested by the Township.

6.

Radar Interference. The Wind Energy System must meet any standards concerning radar interference, lighting (subject to subparagraph (v)), or other relevant issues as determined by the Township.

7.

Environmental Regulations. The Wind Energy System must comply with applicable state or federal environmental regulations.

8.

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 Wind 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.

(Amd. No. 67, § 1, 8-11-2011; Ord. No. 2024-01, § 4, 7-11-2024; Ord. No. 2024-04, § 3, 11-14-2024)

A.

General Requirements. All solar energy systems, whether ground mounted or roof mounted, are subject to the following general requirements:

1.

A solar energy system must conform to all County, State, and Federal regulations and safety requirements as well as applicable industry standards.

2.

Solar panels shall be placed such that concentrated solar glare shall not be directed onto nearby properties or roadways.

B.

Roof Mounted Solar Energy Systems. Roof mounted solar energy systems shall be considered an accessory use in all zoning districts, subject to the following requirements:

1.

Solar panels erected on a building shall not extend beyond the peak of the roof.

2.

Roof mounted panels must be installed with a minimum of a three-foot setback from the edges of the roof, the peak, or eave or valley to maintain pathways of accessibility.

C.

Ground Mounted Solar Energy Systems. Ground mounted, also known as, free-standing, solar energy systems (other than those defined as solar farms) shall be considered an accessory use in all zoning districts, subject to the following requirements:

1.

Prior to installation, the property owner shall submit a descriptive site drawing of the solar energy system to the Zoning Administrator. This drawing shall include setbacks, panel size, and the location of property lines, buildings, fences, greenbelts, and road rights-of-way. This site drawing must be drawn to scale.

2.

The solar energy system shall not exceed the maximum building height for adjacent accessory buildings, but, in no case, the top of the system shall not be more than 25 feet above the ground.

3.

The solar energy system shall not be installed in the front yard.

4.

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

5.

There shall be a greenbelt screening of any such solar energy systems and equipment associated with the system from any adjacent residences. The greenbelt shall consist of shrubbery, trees, or other non-invasive plant species that provide a visual screen. In lieu of a planting greenbelt, a decorative fence may be used.

6.

The solar energy system must meet the minimum setbacks of the zoning district in which it is located.

7.

In the event the solar energy 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.

(Amd. No. 84, § 3, 11-9-2017)

A.

Title. This Ordinance shall be known as and may be cited as the Cohoctah Township Prohibition of Recreational Marihuana Establishments Ordinance.

B.

Definitions. Words used herein shall have the definitions as provided for in Initiated Law 1 of 2018, MCL 333.27951 et seq., as may be amended.

C.

No Marihuana Establishments. Cohoctah Township hereby prohibits all marihuana establishments within the boundaries of the Township pursuant to Initiated Law 1 of 2018, MCL 333.27951 et seq., as may be amended.

D.

Violations and Penalties.

1.

Any person who disobeys neglects or refuses to comply with any provision of this Ordinance or who causes, allows, or consents to any of the same shall be deemed to be responsible for the violation of this Ordinance. A violation of this Ordinance is deemed to be a nuisance per se.

2.

A violation of this Ordinance is a municipal civil infraction, for which the fines shall not be less than $100.00 nor more than $500.00, in the discretion of the court. The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction.

3.

Each day during which any violation continues shall be deemed a separate offense.

4.

In addition, the Township may seek injunctive relief against persons alleged to be in violation of this Ordinance, and such other relief as may be provided by law.

5.

This Ordinance shall be administered and enforced by the Ordinance Enforcement Officer of the Township or by such other person(s) as designated by the Township Board from time to time.

(Ord. No. 1, §§ I—IV, 1-10-2019)

Editor's note— Ord. No. 1, §§ I—IV, adopted Jan. 10, 2019, did not specify manner of inclusion, hence, codification as § 16.59 was at the discretion of the editor.