In order to carry out this purpose, these provisions shall apply to the SR, RR, WRD, RD, LRR and any other Districts to be designated by the Township Board upon recommendation of the Planning Commission.

(Ord. of 11-12-1987, § 17.01; Amd. No. 81, § 31, 5-11-2017)

It is the general requirement of this Article to conserve and wisely use in the most careful and well-planned manner possible in accordance with the provisions of Public Act No. 451 of 1994 (MCL 324.101 et seq.), the Natural Resources and Environmental Protection Act. The Planning Commission may request an Environmental Impact Statement as may be permitted by either Federal or State law.

(Ord. of 11-12-1987, § 17.02)

In order to properly conserve and provide future access to such natural resources as sand, gravel, oil, gas, coal, minerals and other economically important nonrenewable resources, the Planning Commission may require the applicant desiring to develop such property to prepare a survey or map indicating the type, character, and location of agricultural soil types and elevation and use areas, and the method proposed to preserve future development and use of such soil types and use area. In the making of such plans and surveys an applicant desiring to develop agricultural soil types and use areas shall be encouraged to develop only those portions of a property which are the least adaptable for present and future agricultural purposes.

(Ord. of 11-12-1987, § 17.03)

In order to conserve or wisely use the lakes, ponds, rivers, streams, watercourses and drainageways in the Township, no such feature shall be altered, changed, transformed or otherwise be varied from its present existing condition except as follows:

A.

In all zoning districts no river, stream, watercourse or drainageway, whether partly filled with water or dry in certain seasons, shall be obstructed or altered in any way at any time by any person, except when done in conformance with State and Federal laws, regulations and standards.

B.

In all zoning districts the edge, bank, or shore of any lake, pond, river or stream shall not be altered, changed, transformed or otherwise be varied from its present condition except in conformance with the provisions of:

1.

Part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.) on inland lakes and streams;

2.

Part 323 of Public Act No. 451 of 1994 (MCL 324.32301 et seq.) on shorelands protection and management;

3.

Part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.) on soil erosion and sedimentation control.

The provisions of Part 305 of Public Act No. 451 of 1994 (MCL 324.30501 et seq.) on natural rivers, and State administrative rules adopted by the Michigan Department of Environmental Quality are hereby made a part of this Ordinance.

(Ord. of 11-12-1987, § 17.04)

A.

Notwithstanding any other provisions of this Ordinance, land subject to periodic flooding shall be used only for agriculture and recreation uses, provided no structures are located within the area subject to flooding.

B.

The location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Army Corps of Engineers, the U.S. Soil Conservation Service or other official U.S. or Michigan public agency responsible for defining and determining floodplain areas.

C.

No building shall be located within a designated floodway. The Township Planning Commission may, upon special approval, permit bridges, dams, other public facilities, piers, wharves, or boathouses. Before any such structure is built within the floodway, it shall be shown that such structure will not form a significant obstruction or retard the movement of floodwaters, except as part of a plan for flood control.

(Ord. of 11-12-1987, § 17.05)

State Law reference— Soil Conservation Districts Law, MCL 324.9301 et seq.; building and construction in floodplain, MCL 324.3108; plat requirements for subdivision within or abutting floodplain, MCL 560.138; conditions for approval of subdivision within floodplain, MCL 560.194.

All areas designated as wetlands by the Michigan Department of Environmental Quality are hereby declared to be wetlands in Cohoctah Township and are subject to the provisions of this Ordinance as follows: All wetlands in Cohoctah Township are hereby subject to the provisions of Part 303 of Public Act No. 451 of 1994 (MCL 324.30301 et seq.) on wetlands in order to encourage the proper use and development of the wetlands.

(Ord. of 11-12-1987, § 17.06)

A.

Designation of Environmentally Sensitive Areas. Areas may be designated by the Township Board upon favorable recommendation of the Planning Commission, as areas of environmental sensitivity, including, but not limited to:

1.

Rare or valuable ecosystems.

2.

Significant undeveloped agricultural, grazing or watershed areas.

3.

Forests and related lands that require long stability for continuing renewal.

4.

Scenic or historical roads/areas, including burial grounds.

5.

Such additional areas as may be determined by the Federal government, the State of Michigan or the County.

B.

General Requirements for Environmentally Sensitive Areas. All zoning permit applications in environmentally sensitive areas, regardless of size, and in addition to (or as part of) any other applicable portions of this Section, shall demonstrate that the proposed development will not adversely affect the environment, quality of the property and the surrounding area by means of the following:

1.

The applicant shall provide written evidence that the proposed development of the property will conform to the provisions of such Soil Erosion and Sedimentation Control Ordinance as may be in effect in the County.

2.

The applicant shall provide written evidence that a sewage treatment or disposal system has been approved by the Livingston County Health Department and/or the Michigan Department of Environmental Quality, whichever has jurisdiction, and is in conformance with any additional provisions set forth in this Ordinance pertaining to setbacks from water bodies, height above water level, etc. and any other applicable State or Federal law.

3.

The applicant shall provide evidence that the cutting and removing of trees and other native vegetation will be performed according to the following standards:

(a)

Clearcutting of woodlands and the removal of shrubbery and undergrowth shall be restricted to removal of dead, diseased or dying trees.

(b)

Selective cutting which removes not more than 40 percent of the trees and which leaves a well-distributed stand of tree foliage shall be permitted.

(c)

More than 40 percent of the tree coverage may be removed only as such action is recommended by a State Forester, or a private forester registered by the State and approved by the Planning Commission.

(d)

Cutting shall be done in such a manner as to avoid erosion, to preserve rare species of trees or greenery, to preserve scenic qualities, and to preserve desirable screening.

C.

Site Plan. The applicant shall have as a portion of the application a site plan for review by the Planning Commission, that provides such data concerning the physical development and extent of disruption to the site as may be required by the Planning Commission. The Planning Commission or Zoning Administrator may require any of the following as part of the information of the site plan: maps, description of earth changes, soil borings, soil surveys, well logs, description of vegetation changes, percolation test, description of development, topographic surveys, and other environmental impact information. The review of the site plan will be made in such manner as to:

1.

Determine whether the regulations of this Ordinance shall have been observed regarding cutting of trees and other vegetation, sewage disposal, erosion and sedimentation control, etc.

2.

Determine whether the true intent on State and Township regulations, including this Ordinance, shall be served by this development in safeguarding against adverse effects on air and water quality, the natural resources of the area, and the natural vegetation of the area. The Planning Commission shall recommend alterations as are required by existing ordinance or statute, or such reasonable requirements as it deems necessary to minimize such adverse effects.

D.

Special Cases. In special cases where in the judgment of the Township Planning Commission a development proposal, because of its extensiveness, complexity, exceptional cost of development or significant impact on both the existing development pattern and the natural environment, cannot be properly processed under the limited provisions of this Article, such proposal may be required to conform to the provisions of both this Article and those of Article XX, "Site Plan Review Procedures."

(Ord. of 11-12-1987, § 17.07; Amd. No. 81, § 32, 5-11-2017)