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

(Ord. of 7-25-07)

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

(Ord. of 7-25-07)

1.

Intent. It is the intent of this Ordinance to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival unless otherwise provided herein.

It is recognized that there exists within the districts established by this Ordinance and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments.

Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district unless otherwise provided herein.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged, save for as provided herein, passage of the Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner: except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

2.

Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. This ordinance shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district: provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Appeals.

3.

Definition and classification of nonconforming uses and structures. Nonconforming uses and structures are those which do not conform to certain provisions or requirements of this Zoning Ordinance but were lawfully established prior to the time of its applicability. Class A nonconforming uses and structures are those which have been so designated by the Zoning Board of Appeals after application by any interested person or Zoning Administrator upon finding that the following standards are met: (1) the use or structure was lawful at the time of its inception, (2) the existing use or structure while not fitting into a customary zoning pattern does not constitute a nuisance and, in fact, fulfill a desirable and useful function and is not incompatible with existing or planned adjacent or nearby uses, (3) continuance thereof would not be contrary to public health, safety or welfare, (4) that the use or structure does not and is not likely to significantly depress the value of nearby properties, (5) that no useful purpose would be served by strict application of the provisions or requirements of this Ordinance with which the use or structure does not conform, (6) the use or structure is in reasonable conformity with the intent of the Comprehensive Land Use Plan; and if not in reasonable conformity with the Land Use Plan, has established a need because of employment, economy, necessity or in the development of the immediate area.

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

4.

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

Reasonable conditions may be attached, including any time limit, where necessary, to assure that the use, building or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this Ordinance. Any such conditions imposed shall: (a) provide protection of natural resources and the welfare of the users of the land use and the community as a whole; (b) be related to a valid use of the police power; (c) be related to purpose affected by the land use; (d) be necessary to meet the purpose of the Ordinance.

A recording of conditions imposed must be maintained. The conditions must remain unchanged except upon the mutual consent of the land owner and the Zoning Board of Appeals.

No vested right shall arise out of a Class A designation.

5.

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

6.

Regulations pertaining to Class A nonconforming uses, buildings or structures.

A.

A Class A nonconforming use or structure may be used, altered or enlarged provided that it does not violate any conditions imposed by the Zoning Board of Appeals at the time of its designation or the dimensional requirements of the district it is located in.

B.

No Class A nonconforming use of land, building or structure shall be resumed if it has been, for any reason, discontinued for a continuous period of at least eighteen (18) months or if it has been changed to a conforming use for any period.

If a Class A nonconforming use of land, building or structure ceases to exist or is discontinued for any reason for a continuous period of at least eighteen (18) months, any subsequent use of land, building or structure shall conform to the use regulations specified by this Ordinance for the district (zone) in which such land, building or structure is located.

C.

Nothing in this Ordinance shall prevent the restoration of a Class A nonconforming building or structure destroyed by fire, explosion, act of God, or act of the public enemy, subsequent to the effective date of its Class A designation or shall prevent the continuance of the use of such building or structure or part hereof as such use existed at the time of such impairment of such building or structure or part thereof provided that said restoration is entirely and completely executed within eighteen (18) months from the time of destruction and that the same use is made of the premises; except that for reasonable cause, the Building Official may grant one (1) extension of time for an additional period not exceeding ninety (90) days.

D.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition any Class A nonconforming building or structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Nothing in this Ordinance shall be deemed to prevent routine repairs and maintenance of a Class A nonconforming building or structure so long as such repairs and maintenance do not add to its nonconformity.

E.

Should a Class A nonconforming building or structure be moved for any reason, it shall thereafter conform to the regulations for the district (zone) in which it is located after it is moved.

Where Class A nonconforming use status applies to a building or structure and premises in combination, removal of the building or structure shall eliminate the nonconforming status of the land.

F.

Any Class A nonconforming use of a building or structure or land may be changed to another nonconforming use upon written findings of the Zoning Board of Appeals that the proposed use is (a) similar in operational characteristics as the former nonconforming use, (b) there is no increase in the intensity of use of the land, building or structure involved, (c) such change in use will have a less detrimental effect or negative impact on neighboring property than the existing nonconforming use it is replacing, and (d) the proposed use, although inappropriate to a neat zoning pattern, is desirable and useful in pursuit of the public interest or is more appropriate to the district (zone) than the existing nonconforming use.

In permitting such change in use, the Zoning Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this Ordinance inclusive of upgrading the premises to comply as nearly as is practicable with the requirements of this Ordinance.

Prior to action by the Zoning Board of Appeals, all required documentation for a change from one nonconforming use to another shall be submitted to the Planning Commission for their review and written recommendation.

7.

Regulations pertaining to Class B nonconforming uses and structures.

A.

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

B.

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

C.

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

D.

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

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

E.

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

F.

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

G.

No Class B nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.

H.

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

I.

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

J.

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

K.

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

8.

Record of nonconformity. Within one (1) year after the adoption of this Ordinance, or any amendment thereto, the Building Inspector shall prepare and complete a record of all known nonconforming uses of buildings, structures or land existing at the time of the adoption of this Ordinance or amendment.

Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Such record shall also contain any information regarding action by the Zoning Board of Appeals for designation of Class A status.

Such record shall be available at all times in the office of the Township Clerk.

(Ord. of 7-25-07)

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

1.

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 a main building.

2.

Accessory buildings shall not be erected in any required yard, except a side or rear yard but shall not extend beyond the front of the main building.

3.

An accessory building shall not occupy more than twenty-five (25) percent of a required rear yard, plus forty (40) percent of any nonrequired rear yard, provided that in no instance shall the aggregate of combined ground floor area of the accessory buildings exceed 1,200 sq. ft. Size of accessory buildings may be increased by 200 sq. ft. for every one (1) acre or fraction of each acre over two (2) acres. Farm buildings on twenty (20) acres or more are exempt from size limits. Size of accessory buildings can not be waived by the Zoning Board of Appeals on any recorded plat.

4.

No detached accessory building shall be located closer than ten (10) feet to any main building nor shall it be located closer than three (3) feet to any side or rear lot line.

In those instances where the rear lot line is coterminous with an alley right-of-way, the accessory building shall not be closer than one (1) foot to such rear lot line. In no instance shall an accessory building be located within a dedicated easement right-of-way.

5.

No detached accessory building in A-1, R-1, RM-1 or B-1 Districts with lots containing [two] 2 acres or less shall, exceed one (1) story or [sixteen] (16) feet in total height and no detached accessory building with lots exceeding [two] (2) acres shall exceed [twenty] (20) feet in total height. Accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in said district, subject to Board of Appeals review and approval if the building exceeds [twenty] (20) feet in total height. Farm buildings on [twenty] (20) acres or more are exempt from height limits.

6.

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 setback required on the lot in rear of such corner lot. In no instance shall an accessory building be located nearer than ten (10) feet to a street right-of-way line.

7.

When an accessory building in any Residence, Business or Office District is intended for other than the storage of privately owned motor vehicles, boats, motor home, tractor or personal property owned and used by the occupant, the accessory use shall be subject to the approval of the Board of Appeals.

8.

Accessory parking or storage of manufactured homes (including mobile homes) prohibited.

The parking of a manufactured home (including mobile home) on lands not approved for manufactured housing community or for manufactured home sales shall be prohibited. (Temporary storage of a manufactured home in transit shall only be allowed on an approved manufactured homes sales lot in an appropriate district or at an appropriate warehousing or wholesale establishment or trucking facility in an industrial district.)

9.

Covered boat wells and docks. When an accessory structure is a covered boat well or dock, it shall only be allowed along the St. Clair River after site plan review and approval by the Planning Commission, and it shall conform to the following requirements. A boat well or dock without a permanent roof or covering is exempt from site plan review and shall only be required to obtain a building permit.

a.

A boat well or dock may be a covered subject to the review and approval provided under this section (Also see definition).

b.

A boat well or dock shall have no above grade walls and otherwise shall be designed such that river views will be preserved.

c.

There shall be no public services for revenue, nor services for public storage or maintenance purposes provided from such residential accessory structures.

d.

A building permit for a boat well shall not be issued unless and until the applicant has:

(1.)

Complied with all the provisions of this zoning ordinance, the Michigan State Construction Code, and the Inland Lakes and Streams act of 1972, as amended, and

(2.)

Secured the written approval from the U.S. Army Corp of Engineers and the Michigan Department of Environmental Quality when such permit(s) is/are required within the jurisdiction of either of these two agencies.

(Amended: Ord. No. 13.000B, 11-30-88; Ord. No. 17R, 4-30-97; Ord. No. 17T, 5-3-2000; Ord. of 7-25-07)

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

1.

Off-street parking spaces may be located within a nonrequired side or rear yard and within the rear yard setback unless otherwise provided in this Ordinance. Off-street parking shall not be permitted within a front yard or a side yard setback unless otherwise provided in this Ordinance.

2.

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

3.

Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage, or combination thereof and shall be located on the premises they are intended to serve, and subject to the provisions of Section 1003 [132.1004], Accessory Buildings of this Ordinance.

4.

Any area once designated as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere.

5.

Off-street parking existing at the effective date of this Ordinance, in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

6.

Two (2) or more buildings or uses may collectively provide the required off-street parking in which case the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

7.

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

8.

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

9.

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

10.

When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half (½) shall be disregarded and fractions over one-half (½) shall require one (1) parking space.

11.

For the purpose of computing the number of parking spaces required, the definition of Usable Floor Area [Floor Area, Usable] in Article II, Definitions, Section 201 [132.202] shall govern.

12.

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

(Ord. of 7-25-07)

Cross reference— Traffic and vehicles, Pts. 41—50.

Whenever the off-street parking requirements in Section 1004 [132.1005] above require the building of an off-street parking facility, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

1.

No parking lot shall be constructed unless and until a permit therefore is issued by the Building Inspector. Applications for a permit shall be submitted to the Building Department in such form as may be determined by the Building Inspector and shall be accompanied with two (2) sets of site plans for the development and construction of the parking lot showing that the provisions of this Section will be fully complied with.

2.

Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements:

3.

All spaces shall be provided adequate access by means of maneuvering lanes. Backing directly onto a street shall be prohibited.

4.

Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.

Ingress and egress to a parking lot lying in the area zoned for other than single-family residential use shall not be across land zoned for single-family residential use.

5.

All maneuvering land widths shall permit one-way traffic movement, except that the 90° pattern may permit two-way movement.

6.

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

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

7.

Obscuring wall or berm. The off-street parking area shall be provided with a continuous, decorative obscuring wall or earth berm not less than four feet six inches (4' 6") in height measured from the surface of the parking area. This wall (or berm, combination of berm & wall) shall be provided on any and all sides where an B-1, B-2, or I-1 district is adjacent to an A-1, R-1, RM-1, or MHD district, or abuts a public street.

When a front yard setback is required, all land between said wall and the front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees. The ground area shall be planted and kept in lawn. All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.

8.

Surfacing and drainage.

a.

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

b.

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

9.

Off-street waiting area for drive-through facilities. On the same premises with every building, structure or part thereof, erected and occupied for the purpose of serving customers in their vehicles by means of a service window, washing bay, or similar arrangement, there shall be provided six (6) off-street waiting spaces for each service window or service bay, not blocking parking spaces, drives, or sidewalks. This requirement is in addition to the parking space requirements for each land use. Each waiting space shall be twenty-three (23) feet long by ten (10) feet wide.

10.

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

11.

In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than ten (10) feet from such alley line in order to permit a wider means of access to the parking area.

12.

The Planning Commission, upon application by the property owner of the off-street parking area, may modify the yard or wall requirements where, in unusual circumstances, no good purpose would be served by compliance with the requirements of this Section.

13.

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

(Ord. of 7-25-07)

Cross reference— Traffic and vehicles, Pts. 41—50.

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

1.

All spaces shall be provided as required in Article IX, "Schedule of Regulations" under Minimum Rear Yards (footnote h.), except as hereinafter provided for "I" Districts.

2.

Within an "I" District, all spaces shall be laid out in the dimension of at least ten by fifty (10 × 50) feet, or five hundred (500) square feet in area, with a clearance of at least fourteen (14) feet in height. Loading dock approaches shall be provided with a pavement having an asphaltic or Portland cement binder so as to provide a permanent, durable and dustless surface. All spaces in I-1 Districts shall be provided in the following ratio of spaces to floor area:

3.

All loading and unloading in an "I" District shall be provided off-street in the rear yard or interior side yard, and shall in no instance be permitted in a front yard. In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in said exterior side yard when the setback is equal to at least fifty (50) feet.

(Ord. of 7-25-07)

Cross reference— Traffic and vehicles, Pts. 41—50.

When an Airport Approach and Take-off Plan is prepared or revised for the Marine City Airport (or any other public airport that has filed its airport layout plan or airport approach plan with the Township), it shall be made a part of this Zoning Ordinance. It shall govern the heights of all building structures, trees and the land, building and structural uses and activities located upon all lots and parcels affected by the Airport Approach and Take-off Plan which would obstruct the air space required for the safe flight of aircraft on landing or taking off at the airport or is otherwise hazardous or creates hazards to such safe landing or taking off of aircraft as determined by the Michigan Aeronautics Commission. See Article XI, Airport Overlay District.

(Ord. of 7-25-07)

A dumpster enclosure which houses a dumpter(s) and/or four (4) or more trash containers shall be enclosed with reinforced solid walls and gates with a latch and faced with solid wood boards (or plastic simulated wood boards). The walls and gates shall be a minimum of six (6) feet in height or a greater height sufficient to completely screen the dumpster(s) and trash containers from view. The gate structure may be made of galvanized steel or other durable materials. Access gates constructed of chainlink fencing is prohibited. Dumpster enclosures within a front yard or visible from the road shall have an exterior facing that is of the same material as the main building, a compatible decorative masonry material (e.g. finish brick), or other compatible decorative material approved by the Planning Commission. All dumpster enclosures regardless of location shall be accented with landscaping.

(Ord. of 7-25-07)

The primary function of signage, as it relates to this ordinance, is to identify a particular use of a parcel of property. It is not the intent of this ordinance that the open spaces and lines of vision created by public rights-of-way be used for unrestricted advertising through the use of signage. Signs will be allowed in such a manner as to provide those similar uses in similar zones the opportunity for identification exposure regardless of parcel size, although the location and size of buildings will influence the amount of signage permitted. This consistent approach is necessary to remove the need for the types of signs which compete for attention of the motorist, thereby creating traffic hazards as well as creating visual blight. It is, therefore, within the health, safety and welfare responsibility of the township that this section is promulgated.

1.

Sign definitions. The following definitions (also see illustration of sign types) are related to signs. Any sign type that is not defined within this ordinance shall be subject to review and approval by the Township Planning Commission.

a.

Sign. Any announcement, declaration, display, billboard, illustration, structure and insignia when designed and placed so as to attract general public attention. "Sign" shall include any banner, bulbs or other lighting devices, streamer, pennant, inflated or deflated membrane device, propeller, flag (other than the official flag of any nation or state) and any similar device of any type or kind whether bearing lettering or not.

(1.)

Decorative display. A decorative, temporary display designed for the entertainment or cultural enrichment of the public and having no direct or indirect sales or advertising content.

(2.)

Directional signs. See Subsection 2.c. (General requirements, directional signs) below.

(3.)

Freestanding sign. A sign, other than a ground sign or portable sign, which is not attached to a building and is capable of being moved from one (1) location to another on the site on which it is located.

(4.)

Ground sign. A permanent display sign supported by one (1) or more columns, uprights or braces or mounted directly in and upon the ground surface and having a height not in excess of six (6) feet. Also included within this definition is a mounted corporate or business flag.

(5.)

Marquee sign. A sign on or attached to a permanent overhanging shelter that projects from the face of the building and is supported entirely by the building.

(6.)

Nameplate. A wall sign stating the name of a person, firm or name or description of a certain permitted use.

(7.)

Pole sign. A display sign supported by one (1) or more columns, uprights or braces in the ground surface and having a height in excess of seven (7) feet.

(8.)

Portable sign. A sign and sign structure which is designed to facilitate the movement of the sign from one zoning lot to another. The sign may or may not have wheels, changeable lettering and/or hitches for towing. A sign shall be considered portable only if such sign is manifestly designed to be portable to facilitate its movement from one zoning lot to another. Signs capable of being moved, other than from one (1) zoning lot to another, shall be considered freestanding signs under this ordinance.

(9.)

Projecting sign. A sign which is affixed to any building or structure, other than a marquee, and any part of which extends beyond the building wall or structure more than fifteen (15) inches.

(10.)

Temporary sign. A display sign, banner or other advertising device constructed of cloth, canvas, fabric, plastic or other light temporary material (including pennants, streamers, and flags other than the official flag of any nation, state or organization respectfully displayed), inflated devices with or without a structural frame, or any other sign intended for a limited period of display, but not including decorative displays for holidays or public events. Portable signs [definition (8) above] also fall under this definition of Temporary sign.

(11.)

Wall sign. A display sign which is painted on or attached directly to the building wall. Also included within this definition is a wall mounted corporate or business flag. Window signs are included within this definition.

b.

Sign, accessory. A sign which pertains to the principal use of the premises.

c.

Sign, non-accessory. A sign which does not pertain to the principal use of the premises.

d.

Sign alteration. The changing, enlarging or relocating of any sign, excluding routine maintenance and also excluding the changing of movable parts of an approved sign that is designed for such changes or the repainting or reposting of original display matter, shall be deemed an alteration.

e.

Erect. To build, construct, attach, hang, place, suspend, affix or paint.

f.

Sign area. The entire area included within the single continuous perimeter of a regular geometric form or combination of such forms which encloses the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, and including the area within any illuminated border. An area so created shall include all solid surfaces as well as openings. Supporting framework, bracing, structural members, or decorative fence or wall that is clearly incidental to the display itself and not bearing copy or display material shall not be included in computation of sign area. If the sign consists of more than one (1) section or module, all of the area, including that between sections or modules shall be included in the computation of sign area. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back, parallel to one another, and not more than eighteen (18) inches apart, the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area. For internally illuminated awnings or canopies, the entire surface of the canopy is included in the sign area calculation.

2.

General requirements for all signs. The following conditions shall also apply to all signs erected or located in any use district:

a.

All signs shall conform to all codes and ordinances of the Township and, where required, shall also be approved by the building inspector and a permit issued.

b.

Public right-of-way. No sign, except those established and maintained by the Township, county, state or federal governments, shall be erected, located or placed in, project into or overhang a public right-of-way or dedicated public easement. The owner of any sign which has been removed by the Township from the right-of-way because it is in violation of this provision shall pay to the Township the actual costs of removal and storage or five dollars ($5.00) per day, whichever is greater. If such sign is not claimed within five (5) days, it shall be destroyed.

c.

Directional signs: Signs of a utilitarian nature with no advertising intended to provide orientation and to direct traffic and pedestrian movements. Such signs are for the purpose of promoting safety and ease of ingress, egress, and use of site facilities and services. Because directional signs are of a non-commercial, aid-to-the-public nature, they shall be permitted in all use districts subject to Planning Commission approval in those cases requiring site plan review and subject to zoning administrator approval in all other instances. Directional signs are to be of an appropriate size and character to accomplish their aid-to-the-public objective. Directional signs generally should be limited to a maximum of four (4) square feet in size.

d.

No sign otherwise permitted shall project above or beyond the maximum height limitation of the use district in which located and provided further that no freestanding sign, where permitted, shall exceed three (3) feet in height.

e.

No sign above a height of two (2) feet shall be located within, project into or overhang the triangular area formed at the intersection of street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of twenty-five (25') feet from their point of intersection.

f.

Accessory signs shall be permitted in any use district and may be located in the required front yard except as otherwise provided herein.

g.

Non-accessory signs shall not be permitted in any zoning district in Cottrellville Township, except as provided under Subsection 2.o.(2) below (For sale/rent signs) and except as provided by Subsection 4. below (Prohibited Signs).

h.

Illumination of signs shall be only by means of white light at constant intensity. Signs may be internally or externally illuminated, however, all illumination shall be shielded, directed or shaded downward so as not to interfere with driver visibility, become hazardous to traffic or the vision of persons on adjacent streets or property. Flashing, animated, or intermittent type signs shall not be permitted. Electronic message signs shall not be permitted, except time and temperature (a total of 2 square feet including both), and gasoline prices (a total of 4 square feet including all). Time and temperature and gasoline prices signage shall be permitted in addition to the square footage allowed for a ground sign or wall sign.

i.

Signs used for advertising land or buildings for rent, lease and/or for sale shall be permitted on the land or building intended to be rented, leased and/or sold.

j.

Removal of certain signs. Any sign, including framing, now or here-after existing, which no longer advertises a bona fide business conducted or a product or entertainment, service or commodity offered or sold on the lot, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign shall be found within thirty (30) days after written notice from the Zoning Administrator. Notice shall be sent to the property owner of record, as indicated in Township tax rolls, by certified mail. The owner may petition the zoning board of appeals for temporary approval to install blank sign faces when it can be demonstrated that the sign structure is likely to be reused within one (1) year by a future business and the sign framework is in sound structural condition.

k.

Connections to an energy source for lighting shall be in accord with all codes of the Township and shall not be exposed in any way that may constitute a safety hazard to the public.

l.

Notwithstanding any other provisions of this ordinance, non-commercial messages shall be permitted on any sign on which commercial messages are permitted.

m.

No sign shall include language or graphics referring to either specified anatomical areas or specified sexual activities.

n.

Special events sign(s). The Township Zoning Administrator may approve a (public or private) special events sign(s). Such special events signage shall generally be limited to one occurrence per month. The Zoning Administrator shall generally limit the type, nature, size, and location of sign(s) to those similar to the signs permitted in the subject district. In this instance, the Zoning Administrator may permit less permanent, less durable signs (e.g. a freestanding sign instead of a ground sign, a banner sign instead of a wall sign). The period of the special event shall be clearly defined and the sign(s) related thereto shall be removed immediately upon the expiration of the special event period. The special event sign(s) may be in addition to any existing permitted signage. However the goal shall be to limit the special event signage to that which is tasteful and which clearly defines the event, rather than numerous and products specific signs. No special event sign shall be strung across any public right-of-way, nor shall any special event sign project beyond the property line, except as authorized by the Planning Commission and any public road authority which may have jurisdiction.

o.

Temporary signs.

(1.)

For sale or rental of individual buildings or properties, there shall be no more than one (1) such sign, except that on a corner lot two (2) signs, one (1) facing each street, shall be permitted. No such sign shall exceed six (6) square feet in area for each side of such sign. All such signs shall be removed within one (1) week after a lease or sale contract has been signed.

(2.)

Development sign. Non-accessory sign(s) designated to promote the sale, lease, or rental of lots, units of ownership, or dwelling units within an entire real estate development (subdivision, condominium, etc.) may be permitted on a temporary basis in any use district, but must be located on a portion of the subject development. There shall be no more than one (1) such sign per development, except that on a corner or through lot which faces two or more streets, one (1) sign shall be permitted to face each street. A development sign shall not exceed a face area of forty-eight (48) square feet. Any such sign shall be removed at the point where all lots, units of ownership, or dwelling units have been originally sold, leased, or rented.

(3.)

Signs advertising buildings under construction may be erected for the period of construction. Such signs shall be erected on the building or lot where such construction is being carried on and shall advertise only the architect, contractor, subcontractor, building or materials supplier(s) and equipment used. There shall be no more than one (1) such sign per individual contractor or supplier not to exceed a cumulative total of thirty-two (32) square feet. All such signs shall be removed at the point an occupancy permit is granted or at project completion if no occupancy permit is required.

(4.)

In the B-1, B-2 or I-1 district, one (1) temporary sign may be displayed for any new business or owner for a period of time not to exceed twenty-eight (28) consecutive days, except as otherwise permitted by the Planning Commission.

(5.)

No temporary sign may have a single face area greater than thirty-two (32) square feet (unless otherwise specified), nor be of greater height than the top of the wall to which it is attached. If the temporary sign is not attached to a wall, the sign shall be displayed so the bottom edge of such sign is not less than seven (7) feet six (6) inches above grade and shall not exceed twelve (12) feet in overall height.

(6.)

No temporary sign shall be strung across any public right-of-way, nor shall any temporary sign project beyond the property line except as authorized by the Planning Commission and any public road authority which may have jurisdiction.

(7.)

Temporary signs shall be removed promptly at the end of the display period provided for above.

(8.)

Temporary signs found by the Zoning Administrator to be in a torn or damaged condition must be removed by the owner within three (3) business days after his/her receipt of notice to do so from the Zoning Administrator. Temporary signs found to be unsafe shall be removed immediately upon receipt of notice from the Zoning Administrator.

3.

Permitted signs by zoning district. All plans for the erection of signs shall be submitted to the Zoning Administrator for review and approval and shall be further subject to all codes and ordinances of the Township.

a.

A-1, Agricultural; R-1, One-Family Residential; RM-1, Multiple-Family Residential; and MHP, Manufactured Housing Community Districts, sign types allowed.

(1.)

For each dwelling unit, one (1) nameplate not exceeding two (2) square feet in area, indicating the name of the occupant.

(2.)

For structures or uses other than dwelling units, one (1) identification sign not exceeding ten (10) square feet.

(3.)

For churches, one accessory sign not to exceed eighteen (18) square feet, except when located on a Major Thoroughfare or on a roadway with a posted speed of 45 MHP or greater, in which case the size, may be increased to thirty-two (32) square feet.

(4.)

For rental and/or management offices in a multiple housing development, an identification sign not exceeding six (6) square feet.

b.

B-1, Local Business and B-2, General Business Districts, sign types allowed. Ground sign, temporary and wall signs as defined in this section and subject to the following conditions:

(1.)

Ground sign

(a)

One (1) ground sign having a sign area of not more than seventy-two (72) square feet for a single face and one-hundred forty-four (144) square feet for a total of all sign faces shall be permitted. Such sign shall not exceed six (6) feet in height. In the event of a business condominium development, one (1) ground sign shall be permitted for each business condominium unit.

(b)

Not more than one (1) ground sign may be erected accessory, to any one (1) development, regardless of the number of buildings, separate parties, tenants or uses contained therein, except that when any single development is located on a parcel of land that abuts on two (2) or more streets, one (1) ground sign may be erected along each street frontage.

(c)

The distance measured between the principal faces of any ground sign shall not exceed eighteen (18) inches.

(d)

Ground signs shall be setback from the planned right-of-way line in accordance with the following schedule:

(e)

Ground signs shall be utilized only for identification of the uses allowed in the zoning district and shall not be utilized to advertise products for sale.

(f)

Ground signs may be illuminated as regulated under Section 132.1410, subsections, 2.h. and 2.k. above.

(g)

Time and temperature and gasoline price signs shall be permitted (See Section 132.1410, 2.h. for limits) unless already provided or proposed as a wall sign.

(h)

All ground signs shall be securely built, constructed and erected upon an approved foundation extending at least forty-two (42) inches below the material surface of the ground.

(i)

All letters, figures, characters, items or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. Loose or missing letters, figures, characters or items shall constitute a maintenance violation.

(2.)

Wall signs.

(a)

Wall signs may be provided on all street sides, front sides or parking lot sides of a building, and the total combined surface area of all wall signs shall not exceed ten (10) percent of the area of the front elevation (including doors and windows) of the principal building or three (3) square feet for each lineal foot of building frontage, or one hundred (100) square feet, whichever is less. Where a single principal building is devoted to two (2) or more businesses or commercial uses, the operator of each such use may install wall signs. The maximum area of each such sign shall be determined by determining the proportionate share of the front face (including doors and windows) of the principal building occupied by each such use and applying such proportion of the total sign area permitted from the front wall of the building; or the percent agreed to by the occupants, total not to exceed the above area limitations. It is the responsibility of the applicant to provide the required information when applying for a sign permit.

(b)

Such sign may be illuminated as regulated under Section 132.1410, subsections, 2.h. and 2.k. above.

(c)

Time and temperature and gasoline price signs shall be permitted (See Section 132.1410, 2.h. for limits) unless already provided or proposed as a ground sign.

(d)

Materials required. All wall signs of a greater area than fifty (50) square feet shall have a surface or facing of noncombustible material.

(e)

Limitation on placement. No wall sign shall cover wholly or partially any wall opening nor project beyond the ends or top of the wall to which it is attached.

(f)

Projection and height. No wall sign shall have a greater thickness than twelve (12) inches measured from the wall to which it is attached to the outermost surface. Wall signs may project over the public right-of-way not to exceed twelve (12) inches, provided clearance of not less than seven (7) feet six (6) inches is maintained below such sign if such sign projects more than four (4) inches. Such sign shall not project above the roof line.

(g)

Supports and attachments. All wall signs shall be safely and securely attached to structural members of the building by means of metal anchors, bolts or expansion screws. In no case shall any wall sign be secured with wire, strips of wood or nails. The method of attachment shall be stated on the permit application.

c.

I - 1, Light Industrial Districts sign types allowed. All sign types allowed and as controlled for the B-1 and B-2 Districts.

d.

Permitted signs accessory to churches, schools or nonprofit institutions; sign types allowed (all use districts). Churches, colleges, schools, buildings housing governmental functions and utilities of the Township, county or state or any subdivision thereof are permitted to erect signs. Such signs, when of a permanent nature, shall meet all the requirements of this ordinance and other ordinances of the Township except as provided herein and may include ground, portable, temporary, and wall signs as defined in this ordinance. Temporary signs advertising special events may be allowed for periods not to exceed two (2) weeks.

4.

Prohibited signs. The following signs are prohibited within the Township except as otherwise provided for in subsection 2.o. (temporary signs). Any sign type that is not defined within this ordinance shall be subject to review and approval by the Township Planning Commission.

a.

Non-accessory signs, which includes billboards.

b.

Pole signs.

c.

String lights used in connection with business premises for commercial purposes, other than holiday decorations.

d.

Any sign unlawfully installed, erected or maintained.

e.

Signs on any fencepost, tree, utility pole, or similar object.

f.

Any sign or banner erected upon or across any public right-of-way or dedicated public easement, except by permission of the Planning Commission as provided herein.

g.

Signs which incorporate in any manner any flashing lights.

h.

Electronic message signs of any kind, except time and temperature and gasoline prices as permitted herein.

i.

Any sign or other advertising structure upon which is displayed any obscene, indecent or immoral matter. Any sign that includes language or graphics referring to either specified anatomical areas or specified sexual activities.

j.

Signs which move, rotate, or have any moving or animated parts or image, whether movement is caused by machinery, electronics, wind or otherwise, including swinging signs.

k.

Strings of flags, streamers, or pennants.

l.

Inflated or deflated membrane devices, including any type of balloon or strings of balloons.

m.

Signs painted directly onto exterior wall surfaces and signs on park-type benches or other facilities or improvements.

n.

Freestanding signs (see definition), except by permission of the Zoning Administrator as provided herein. (See Section 132.1410, 2., n. Special Event Sign(s)).

o.

Any sign on the roof of any building.

p.

Marquee signs.

q.

Projecting signs.

r.

Portable signs (see definition).

s.

Vehicles used as signs: Any sign on a motor vehicle or trailer, which is parked in front of or at a business, or otherwise in such a manner that it is visible from a public street or from an R-1, RM-1, or MHD residential zoning district, and that is used primarily for the purpose of advertising a business, product or service is prohibited. Such vehicles may be parked on site in Planning Commission approved parking spaces at the side, rear, or other less visible area of the site. Any parking space so used shall be in addition to the normally required parking spaces. Placement of signs or letters on vehicles for sale within their windows (other than basic vehicle information and pricing) or within open vehicle hoods or trunks is prohibited.

t.

Accessory structures, devices, or features (other than a ground sign) serving to draw attention or otherwise serving as a sign are prohibited. These prohibited items include but are not limited to lighthouses, windmills, artificial representations of, or caricatures of animals, plants, or persons.

5.

Nonconforming signs.

a.

All signs which were in existence as of the effective date of this Section and which were permanently affixed to real property that do not conform to the provisions of this Section shall be permitted to continue until such time as they are removed or until any structural or configuration changes are necessary, at which time they shall conform to the provisions of this ordinance. The provisions of this paragraph shall not apply to electrical maintenance, repainting, or changing of the message.

b.

A property which is a nonconforming use of land under Section 132.1403, shall not be permitted to add additional signs to the buildings or property, other than those already existing at the effective date of this Section. Signs on nonconforming uses shall be maintained in good repair or be removed, and such removal shall be conditional to Section 132.1410, subsections 6. (Unsafe/damaged signs) & 7. (Sign maintenance) below.

c.

No permits for the installation, erection or placement of any new signs shall be issued while a non-conforming sign or an unlawful sign remains in use upon the same premises.

6.

Unsafe or damaged signs. Signs shall be subject to inspections, and when the condition of a sign is judged by the Zoning Administrator to be unsafe or damaged, the owner or occupant shall be required to obtain a professional engineer's or sign company report, certifying the condition of the sign. Failure to submit the report and make any specified corrections is a direct violation which will result in court action, if necessary and order for the sign removal.

7.

Sign maintenance. All signs, including those for which a permit is not required, together with all their supports, braces, guys and anchors, shall be maintained in good working order; and when not galvanized or constructed of approved corrosion resistant, noncombustible materials shall be painted when necessary to prevent corrosion. The exteriors of all signs, supporting members, painted surfaces, advertising materials and lettering shall be kept painted and in good repair so as to present a neat and orderly appearance and so as not to create visual blight within the Township. All bulbs or component parts of the sign, including the electrical switches, boxes and wiring used in the illumination of the sign, must be well maintained and in good repair. Loose or missing letters, figures, characters or items shall constitute a maintenance violation. Signs which lack maintenance shall be removed. It shall be the duty and responsibility of the owner or lessee of every sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition.

8.

Sign permits required. It shall be unlawful for any person to erect, replace, repair (if cost of reconstruction or repair exceeds 50% of the reproduction cost of such sign), alter or relocate any sign within the Township, as defined in this section, without first obtaining a permit from the Zoning Administrator, with the exception of the following:

a.

Signs which are not subject to regulation under this ordinance.

(1.)

Wall signs, which are used as nameplates, not exceeding two (2) square feet in area; occupational signs denoting only the name and profession of the occupant in a commercial, public or other institutional building and not exceeding two (2) square feet in area.

(2.)

(Non-electronic) Message boards not over twenty (20) square feet in area for governmental, educational and religious institutions when the same are located on the premises of said institutions; provided, however, if such signs are electrically illuminated, an electrical permit must be obtained.

(3.)

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or aluminum.

(4.)

Traffic or other municipal signs, legal notices, danger and such temporary emergency or non-advertising signs as may be approved by the Township.

(5.)

Signs advertising the rental, sale, lease or open house of the property upon which they are located.

(6.)

Flags of recognized federal, state, county or Township governments.

(7.)

Decorative displays, provided any such display that occupies a public right-of-way shall be subject to approval of the Planning Commission and any public road authority which has jurisdiction.

(8.)

"No hunting" signs, "no fishing" signs, "no trespassing" signs.

(9.)

Political signs relating to the election of a person to public office, relating to a political party, or a matter to be voted upon at an election called by a public body, provided:

(a)

They are placed outside the highway or road right-of-way and in no way create a traffic hazard due to reduced vision of motorists or pedestrians.

(b)

Permission has been obtained from the property owner or occupant.

(c)

That such signs are erected no earlier than sixty (60) days prior to the election and are removed no later than ten (10) days after the election.

b.

Application for sign permit. Applications for permits shall be made upon forms provided by the Zoning Administrator and shall contain or have attached thereto the following information:

(1.)

Name, address and telephone number of the applicant and landowner.

(2.)

Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.

(3.)

Position and location of the sign or other advertising structure in relation to nearby buildings or structures.

(4.)

Two (2) blueprints or drawings of the plans and specifications and methods of construction and attachment to the building or in the ground.

(5.)

Name of sign company, person, firm, corporation or association erecting the sign.

(6.)

In all cases where wiring is to be used in connection with the structure, it shall comply with the electrical code for the Township. The electrical inspector shall approve and affix his signature to the permit if it is deemed necessary by the electrical inspector.

(7.)

Such other information as the Zoning Administrator shall require to show full compliance with this section and all other ordinances of the Township.

c.

Sign permit fee. It shall be unlawful for any person to erect or alter any sign, except those signs specifically exempted herein, unless a permit shall first have been obtained from the Zoning Administrator for such erection or alteration and a permit fee paid to the Township according to the schedule as shall be established from time to time by resolution of the Township Board.

d.

Sign permit revocable at any time. All rights and privileges accrued under the provisions of this section or any amendment thereto are mere licenses and may be revoked upon the violation of any of the conditions contained herein. If the work authorized under a sign permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void and a new permit shall be necessary to continue the project. Partially completed signs, if abandoned, shall be removed by the property owner or occupant upon notice from the Zoning Administrator. If the occupant fails to comply as may be required, the property owner shall be held responsible for removal.

e.

Permit number. Every sign hereafter erected shall have placed in a conspicuous place thereon, in letters not less than one-half (½) inch in height, the date of erection, the permit number and the voltage of any electrical apparatus used in connection therewith.

(Ord. of 7-25-07)

1.

All outdoor lighting in all Use Districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences.

2.

All outdoor lighting in all Use Districts shall be directed toward and confined to the ground areas of lawns or parking lots.

3.

All lighting in nonresidential districts used for the external illumination of buildings, so as to feature said buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.

4.

Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property.

5.

All illumination of signs and any other outdoor feature shall not be of a flashing, moving or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color at all times when in use.

(Ord. of 7-25-07)

In all Residential Districts, so called entranceway structures including, but not limited to: walls, columns, and gates marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in Section 1012 [132.1013], Corner Clearance, provided that such entranceway structures shall comply to all codes of the Municipality, and shall be approved by the Building Department and a permit issued.

(Ord. of 7-25-07)

No fence, wall, shrubbery, sign, or other obstruction to vision above a height of two (2) feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of twenty-five (25) feet from their point of intersection.

(Ord. of 7-25-07)

Cross reference— Plant material, § 132.1009; signs, § 132.1010.

1.

For those Use Districts and uses listed below there shall be provided and maintained on those sides abutting or adjacent to a residential district an obscuring wall as required below (except otherwise required in subsection 4 of this Section 1013 [132.1014]):

2.

Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this Ordinance required conformance with front yard setback lines in abutting Residential Districts. Upon review of the site plan, the Planning Commission may approve an alternate location for the wall or may waive the wall requirement if in specific cases it would not serve the purposes of screening the parking area effectively. Required walls may, upon approval of the Board of Appeals, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Board of Appeals in reviewing such request.

3.

Such walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this Ordinance and except such openings as may be approved by the Zoning Administrator. All walls herein required shall be constructed of materials approved by the Building Inspector to be durable, weather resistant, rust proof and easily maintained; and wood or wood products shall be specifically excluded.

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

4.

The requirements for an obscuring wall between off-street parking areas, outdoor storage areas, and any abutting residential district shall not be required when such areas are located more than two hundred (200) feet distant from such abutting residential district.

5.

The Board of Appeals may waive or modify the foregoing requirements where cause can be shown that no good purpose would be served, provided that in no instance shall a required wall be permitted to be less than four feet six inches (4′ 6″) in height, except where Section 1012 [132.1013] applies.

In consideration of request to waive wall requirements between nonresidential and residential districts, the Board shall refer the request to the Planning Commission for a determination as to whether or not the residential district is considered to be an area in transition and will become nonresidential in the future.

In such cases as the Planning Commission determines the residential district to be a future nonresidential area, the Board may temporarily waive wall requirements for an initial period not to exceed twelve (12) months. Granting of subsequent waivers shall be permitted, provided that the Planning Commission shall make a determination as hereinbefore described, for each subsequent waiver prior to the granting of such waiver by the Board.

(Ord. of 7-25-07)

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

Fences are permitted, or required subject to the following:

1.

Fences on all lots of record in all residential districts which enclose property and/or are within a required side or rear yard, shall not exceed six (6) feet in height, measured from the surface of the ground, and shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, or whichever is greater.

2.

Recorded lots having a lot area in excess of two (2) acres and a frontage of at least two hundred (200) feet, and acreage or parcels not included within the boundaries of a recorded plat, in all residential districts, are excluded from these regulations.

3.

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

4.

Fences which enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots shall not exceed eight (8) feet in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than twenty-five (25) percent of their total area.

(Ord. of 7-25-07)

1.

Site plan review required. Site plan review and approval of all development proposals (except as otherwise provided herein) is required by the following provisions. The intent of this section is to provide for consultation and cooperation between the developer and the planning commission so that both parties might realize maximum utilization of land and minimum adverse effect upon the surrounding land uses. Through the application of the following provisions, the intent is to help implement the goals and objectives of the township Master Plan, to help assure that development will be consistent with the Zoning Ordinance, and to generally promote the orderly development of the township.

2.

Site plan review required. A site plan shall be submitted to the Planning Commission for review and approval for the following:

a.

Any use in any zoning district, except for the following uses:

(1.)

Agricultural buildings

(2.)

Single-family dwellings

(3.)

Two-family dwellings

(4.)

Building and uses customarily accessory and incidental to the above uses

(5.)

Manufactured housing communities shall be subject to preliminary site plan review under Section 132.552(8).

b.

All site condominium or condominium projects.

c.

Any use or development for which the submission of a site plan is required by any provisions of this ordinance

d.

Additions, expansions, deletions, and revisions (except those under paragraph (3.) {Administrative approval} below). Any addition, expansion, deletion, or alteration of any of the above uses or a change from an existing use to a dissimilar use:

(1.)

Wherein the proposed addition, expansion, deletion, or change would trigger different or additional zoning requirements, such as but not limited to: number and/or arrangement of off-street parking spaces, loading zone(s), points of ingress or egress, walls, greenbelt, buffer, screening, landscaping, etc.

(2.)

Wherein the proposed addition, expansion, deletion, or revision would requirement a variance from the provisions of this ordinance, no matter what size it may be.

(3.)

Administrative approval of minor addition(s), expansions, deletion(s), and/or revision(s) of site plans. Planning Commission review and approval may be waived and the site plan approved by the Zoning Administrator when, in his determination and the concurring determination of the Township Planner, the proposed addition, expansion, deletion, and/or revision of use or change in site characteristics will not involve changes substantial enough to warrant renewed planning commission review. A written memorandum documenting this decision shall be prepared by the Township Planner and signed by the Zoning Administrator and the Township Planner. A copy of the decision of administrative approval shall be provided to the planning commission.

3.

Every site plan submitted to the Planning Commission shall be in accordance with the requirements of this Ordinance. No site plan shall be approved until same has been reviewed by the Building Department in coordination with the Fire Department and the Police Department, for compliance with the standards of the respective departments.

4.

The following information shall be included on the site plan:

a.

A scale of not less than 1″ = 50′ if the subject property is less than three (3) acres and 1″ = 100′ if three (3) acres or more.

b.

Date, north point and scale.

c.

The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

d.

The location of all existing and proposed structures on the subject property and all existing structures within 100′ of the subject property.

e.

The location of all existing and proposed drives and parking areas.

f.

The location and right-of-way widths of all abutting streets and alleys.

g.

The names and addresses of the architect, planner, designer, engineer, or person responsible for the site plan.

5.

In the process of reviewing the site plan, the Planning Commission shall consider:

a.

The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.

b.

The traffic circulation features within the site and location of automobile parking areas; and may make such requirements with respect to any matters as will assure:

(1)

Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets.

(2)

Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

c.

The Planning Commission may further require landscaping, fences, and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.

d.

In those instances wherein the Planning Commission finds that an excessive number of ingress and/or egress points may occur with relation to major or secondary thorofares, thereby diminishing the carrying capacity of the thoroughfare, the Planning Commission may recommend marginal access drives. For a narrow frontage, which will require a single outlet, the Planning Commission may recommend that money in escrow be placed with the Municipality so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided, or monies have been deposited with the Township Clerk.

6.

Submission requirements for site plan.

Excepted uses.

(1.)

Agricultural buildings;

(2.)

Single-family dwellings;

(3.)

Two-family dwellings; and

(4.)

Buildings and uses customarily accessory and incidental to these excepted uses.

Not withstanding the provisions for exceptions generally under this subsection, the requirements of Section 132.1408 (Airport Zoning Requirements) must always be met. These excepted uses are exempt from the submission requirements under subsection 4. above, but shall instead be required to submit a plot plan showing the following:

a.

The actual shape, location, and dimensions of the lot(s).

b.

The shape, size, and location of all proposed buildings and other structures to be erected, altered, or moved, and the same for all existing buildings and structures.

c.

The existing and intended use of the lot and of all such structures upon it, including in residential areas, the number of dwelling units the building is intended to accommodate.

d.

Such other information concerning the lot (or parcel) or adjoining lots (or parcels) as may be essential for determining whether the provisions of this Ordinance would be met.

(Ord. of 7-25-07)

1.

Generally. Except as otherwise provided in the zoning ordinance, every lot or parcel of record created after the effective date of the ordinance shall front upon a public road (county or city) or state highway for the required width of the lot as provided as provided in Article XII, Schedule of Regulations. Lot width shall be measured as defined in the definition of "lot width" in Section 132.202.

2.

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

(Ord. of 7-25-07)

The sites for new commercial, industrial, and other non-residential land uses shall be located and designed in such a way that access shall not be through residential areas. Likewise, multiple-family dwellings and manufactured housing communities shall be located and designed in such a way that access shall not be through single-family residential areas. Rather, these higher traffic generating land uses shall generally have direct access to a major thoroughfare, a secondary thoroughfare, or a collector road, or a service drive with direct access to one of the afore listed roads of higher classification. All of the above access considerations shall be subject to final review, modification, denial, or approval by the Planning Commission at the time of site plan review.

(Ord. of 7-25-07)

1.

Objectives. The Township of Cottrellville being confronted with increasing land development pressures, and acknowledging that the technology of land development and the demand for housing are undergoing substantial and rapid changes, intends to encourage:

a.

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

b.

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

c.

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

d.

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

e.

Creation of neighborhood characteristics for the benefit of both PURD residents, other area residents, and the general public.

2.

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

a.

PURD agreement means an agreement, prepared by the applicant (being either the current landowner, the current landowner's agent) and reviewed by the Township Attorney and approved by the Township Planning Commission, which specifically details the development plans of the PURD, the covenants and restrictions proposed for the PURD, the staging of development and the improvements to be placed in the development. This agreement as may be necessary, shall also address access to public water and/or public sewer, subject to Township Board approval.

b.

Applicant means the legal landowner or beneficial owner, or an agent for the same, of all the land proposed to be included in a PURD. The holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years, or other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purposes of this Section.

c.

Common open space is a parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a PURD, and designated and intended for the use and enjoyment of residents of the PURD. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PURD.

d.

Developer is considered synonymous with "applicant" for the purposes of this Section.

e.

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

f.

Plan refers to any or all of the three (3) possible plan stages of a PURD, including administratively complete proposal, tentative development plan, and final development plan, which are defined as follows:

(1.)

Administratively complete proposal means a proposal by an applicant has been found to be in substantial compliance with the submission requirements under this Section such that the Planning Commission and the public can initially understand and consider the proposal for a concept or final development plan.

(2.)

Concept plan refers to any plan submitted to the Township Planning Commission for review and comment prior to submission of a final development plan for approval.

(3.)

Final development plan means that plan for development of a PURD or divisible geographic section(s) thereof, approved subsequent to the approval of the proposal for a PURD designation and the tentative development plan by the Township Planning Commission under the provisions of this Section.

g.

Planning Commission means the Planning Commission of the Township of Cottrellville, Michigan.

h.

Planned Unit Residential Development (PURD) means an area of land, controlled by an applicant, to be developed as a single entity for a minimum of fifty (50) dwelling units and on an area of land containing forty (40) or more acres, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space regulations for any one (1) applicable district cited in this chapter.

i.

Single entity means the propriety interest of an applicant, as defined herein. Land to be developed as a single entity shall be consistent with a plan. Said land consistent with a plan will normally be in a single contiguous parcel or a single contiguous group of parcels, but need not always be so where the applicant makes a case for the unity and cohesiveness of the plan, which is approved by the Planning Commission.

j.

Township means the Township of Cottrellville, St. Clair County, Michigan.

3.

Applicability.

a.

The provisions of this Section shall only apply to an area of land, controlled by an applicant, to be developed as a single entity for a minimum of fifty (50) dwelling units and on an area of land containing forty (40) or more acres located in either the R-1, Residential District or the RM-1, Multiple Residential District or a combination of both. Proposed PURD residential densities must be consistent the respectively appropriate existing or rezoned R-1 and/or RM-1 district(s).

b.

Notwithstanding the provisions of paragraph a. of this subsection, an application for a PURD on an area of land of less than forty (40) acres, or for less than fifty (50) dwelling units, or both may be filed, and a public hearing scheduled and held thereon as hereinafter provided, but no tentative approval of such an application shall be granted by the Planning Commission unless the Planning Commission shall first find upon a showing by the applicant that a threshold requirement(s) in subsection (a) of this Section should be waived because the PURD is in the public interest, and that one (1) or more of the following conditions exist:

(1.)

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

(2.)

The subject land or its neighborhood has an historical character of importance to the Township or greater community that will be protected by employing the PURD provisions; or

(3.)

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

4.

Permitted uses. Uses permitted in a PURD may include and shall be limited to:

a.

Dwelling units in detached, semi-detached, attached or multi-storied structures, or any combination thereof;

b.

Dwelling units on a floor or floors above any non-residential or commercial space,

c.

Accessory (or secondary) dwelling units (e.g. for a personal health caretaker, an aged or young adult family member, guest quarters, a home service person, a rental unit for student(s), etc.) provided;

(1.)

It shall provide an independent, self-sufficient dwelling unit with kitchen, bath, and sleeping spaces and shall be connected at a minimum to public water and sewer and electric utilities.

(2.)

It shall permanently remain in the same ownership as the primary dwelling unit,

(3.)

The lot (or site condominium unit) is at least 150% of the minimum lot size that would be required under the R-1, Residential District,

(4.)

Only one (1) accessory dwelling is allowed per one (1) primary detached dwelling unit,

(5.)

It shall be detached from the primary dwelling by at least 10 feet or be attached to the primary only by a common entrance hall or breezeway,

(6.)

One (1) additional off-street parking space is provided expressly for this unit, which is not blocked by spaces for the primary dwelling,

(7.)

It shall be not less than 500 square feet in area or more than 800 square feet and shall contain no more than two (2) bedrooms,

(8.)

Shall otherwise comply with the definition of a dwelling, single-family,

(9.)

It shall be architecturally compatible with the primary dwelling, and

(10.)

It is located and designed to be in harmony with the overall PURD concept and with adjacent land uses.

d.

Non-residential uses of a religious, cultural, or outdoor recreational character which are deemed by the Planning Commission to be consistent with the overall PURD; and

e.

Commercial uses generally permitted in the B-1, Local Business District and commercial indoor recreational uses, both of which provide significant service, not merely incidental service, to the residents of the PURD, together with such other uses deemed by the Planning Commission to be consistent with the overall PURD and the Township Master Plan. The required significant service to residents of the PURD need not be exclusive (e.g. residents of surrounding areas may also be served).

f.

See subsection 9., Standards and Criteria for other requirements which qualify the permitted uses of a., b., and c.

5.

Water and Sewer Service. A PURD may only be employed when municipal water and sewer service is provided to all substantially improved areas, including all residential, non-residential, and commercial uses. In accordance with Planning Commission review and approval, certain outdoor recreational uses which involve the gathering of numbers of persons may also be required to have municipal water and sewer service. Certain passive outdoor recreational uses such as natural open spaces and pedestrian and bicycle trails may be exempted by the Planning Commission from the provision of municipal water and sewer service.

6.

Administrative regulations; fees. The Township Board, with recommendation from the Planning Commission, Township Planner, Township Attorney, and others of their choosing, may formulate administrative regulations regarding general (non-statutory) procedures and form of applications under this Section as may be desirable, provided these are also consistent with the adopted provisions of the Township zoning ordinance. Fees for the review of a proposal for a PURD designation, tentative development plan, and final development plan shall be in accordance with the schedule of fees adopted by resolution of the Township Board, and as may be amended from time to time.

7.

Processing procedures.

a.

Step I, Administratively complete proposal for conceptual review.

(1.)

The applicant submits a letter indicating a desire to submit a PURD for consideration by the Township and pays the appropriate fee(s) as established by the Township Board to the township clerk. Said filing fee shall be used to defray the costs of predevelopment conference(s), Township Planner and Reviewing Agents (township zoning administrator, engineer, attorney, etc.) costs, public hearing costs including notices, and reviews by the Planning Commission. Enough copies of the letter shall be submitted to provide for the Township Clerk, members of the Planning Commission, Township Planner, Zoning Administrator and other Reviewing Agents, and official Township file copies.

(2.)

The applicant then schedules a predevelopment conference(s) with the Township Planner. Other Reviewing Agents for the Township as determined by the Township Planner the may be involved as deemed necessary or desirable.

(3.)

An applicant's proposal for a concept plan shall first be reviewed by the Township Planner for presentation of adequate information for the Planning Commission to be able to consider the essential elements of the concept plan including following items. All of the following information need only be presented in sufficient detail to illustrate the overall concept, to demonstrate the concept fits within the overall density limit, and to illustrate how any prospective problem areas might be addressed within concept. Upon a determination that a proposed concept plan is administratively complete, the proposal shall be referred to the Planning Commission for placement on their agenda for review and comment.

(a)

A discussion of the rationale for employing the PURD procedure rather than developing the project conventionally,

(b)

The existing land use(s) and characteristics,

(c)

Whether PURD development phases are proposed,

(d)

The proposed general mixture of permitted uses,

(e)

How the overall residential density limit will be met,

(f)

Percentages single-family, duplex, multiple-family, etc.,

(g)

Road access points,

(h)

A general plan for the internal transportation circulation with parking areas,

(i)

Provisions for pedestrian and non-motorized circulation pathways,

(j)

General areas for open space,

(k)

Any significant natural resources (floodplains, wetland areas, forested areas, rivers, streams, county drains, rock outcrops, any areas with rare or endangered species, any attractive viewscapes, etc.),

(l)

Any areas with existing rights-of-way and easements which might prevent development in those areas,

(m)

All undevelopable areas,

(n)

How municipal water and sewer services shall be provided,

(o)

Surrounding existing land uses,

(p)

How the proposed PURD concept plan relates to the Township Master Plan.

b.

Step II, Concept plan review. Prior to the formal submission of a PURD application, the applicant shall submit a concept plan for review. The concept plan shall show the entire PURD concept area in schematic form indicating a generalized plan (and any significant options) with the essential elements required under subsection 7.a.(3.) above. Enough copies of the concept plan shall be submitted to provide for the Township Clerk, members of the Planning Commission, Township Planner, Zoning Administrator and other Reviewing Agents, and official Township file copies.

(1.)

The Planning Commission shall review the concept plan with the applicant, offer comments on such plan as it relates to the Township's Master Plan, surrounding zoning districts, surrounding existing land uses, existing public services, the PURD objectives, and the PURD standards and criteria.

(2.)

This phase of review shall not be construed to require approval of the concept plan by the Planning Commission. Further, the concept plan is only intended to be used as a general guide to both the applicant and the Township.

(3.)

Depending on the nature of the proposed concept plan and the density of residential development proposed, the Planning Commission may advise the applicant that he first needs to complete one or both of the following planning procedures to ensure planning and zoning consistency:

(a)

Amend the Township Master Plan for the subject area, or

(b)

Rezone some or all of the proposed specific PURD subject land to the appropriate R-1, One-Family Residential or RM-1, Multiple-Family Residential District consistent with the applicant's desired residential density.

(4.)

Upon completion of the concept plan review, the applicant may proceed with a formal submission of a PURD application as outlined within this section of the zoning ordinance.

c.

Step III, Final development plan.

(1.)

The applicant submits the concept plan and a proposed final development plan (or a first phase thereof) together with a PURD agreement for consideration. Enough copies of the concept plan, final development plan, and PURD agreement shall be submitted to provide for the Township Clerk, members of the Planning Commission, Township Planner, Zoning Administrator and other Reviewing Agents, and official Township file copies.

(2.)

The Township Planner reviews the application for administrative completeness with respect to the exhibit requirements and the standards and criteria of this Section. An additional predevelopment conference(s) may be scheduled as determined necessary by the Township Planner.

(3.)

If administratively complete, the final development plan application and PURD agreement shall be forwarded to:

(a)

Township Reviewing Agents (with Twp. attorney to particularly review the PURD agreement) and their reports together with the Township Planner report, are to be provided to the Planning Commission prior to the public hearing date, and

(b)

the Planning Commission, who shall schedule a public hearing with prior notice provided in accordance with the Michigan Zoning Enabling Act, Act 110 of 2006, Section 103 [MCL 125.3103].

(4.)

The Planning Commission holds the public hearing at the scheduled date, time, and location.

(5.)

On the same date and location as the public hearing or within a reasonable time following the public hearing, the Planning Commission shall review and consider the applicant's concept plan and final development plan request (or any initial or subsequent phase thereof), together with the following:

(a)

Comments and information provided at the public hearing and any written comments provided prior to the public hearing,

(b)

The Township Planner's and Reviewing Agents' reports and recommendations, and

(c)

Any other pertinent information available.

(6.)

The Planning Commission shall approve, deny, or approve with conditions the applicant's concept plan. The Planning Commission shall approve, deny, or approve with conditions the applicant's final development plan. The Planning Commission shall prepare a report stating its conclusions, its decision, the basis for its decisions, and any conditions imposed on an affirmative decision. Depending on the size and complexity of the proposed PURD (or phase thereof), the Planning Commission may want to address the proposal in logical components over a course of more than one meeting.

(7.)

If, approved or conditionally approved, the subject land of the final development plan shall be a designated PURD area, not subject to individual zoning district provisions under Article XII (Schedule of Regulations) unless one or more of these regulations are otherwise cited in this Section. An area so designated shall not be developed under the prior zoning district regulations unless the designation first expires or the applicant requests termination of the designation or a part thereof, to be reviewed and approved by the Planning Commission. Any land for which a PURD designation expires shall revert to its original zoning district (or in the event of subsequent zoning ordinance text amendment(s), the current zoning district which the Planning Commission determines most closely matches the original).

(8.)

The final development plan must be prepared as follows:

(a)

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

(b)

Condominium subdivision plan as defined by the condominium act: The final development plan must be prepared in the form of a condominium subdivision plan in detail sufficient to be granted approval pursuant to the requirements of the condominium act, Public Act No. 59 of 1978 as amended (MCL 559.101 et seq.), township condominium regulations, and the conditions established in the final development plan and PURD agreement.

(c)

Following approval of a final development plan by the Planning Commission, the Planning Commission chairperson signs a minimum of seven copies and distributes one copy to the applicant and five copies to the Township Clerk, and retains one for the Planning Commission files.

8.

PURD phases. The applicant may propose to develop the PURD in clearly defined phases. Each subsequent phase after the first, shall be processed in accordance with subsection 7. above (Processing procedures). Each subsequent phase shall be reviewed for consistency with the original concept plan as approved. The applicant shall explain any proposed minor variation for the original concept plan and the Planning Commission shall specifically approve, approve with conditions, or deny any proposed minor variation(s).

9.

Time limits for phases and final. The applicant shall complete construction of the initial phase of the PURD within two (2) years following final preliminary plat or condominium subdivision plan approval by the Township. The final phase of the PURD shall be constructed within five (5) years following final preliminary plat or condominium subdivision plan approval by the Township. These limits may be extended for a reasonable period to be determined by the Planning Commission for cause shown, upon written request by the applicant. If, however, these time limits are not met and an extension has not been granted, the PURD Agreement is automatically rescinded and any remaining uncompleted portions of land of the PURD shall revert to the original zoning district (See subsection 7. Processing procedures, c. Step III, paragraph (7.) above).

10.

Standards and criteria for Planned Unit Residential Developments. A plan shall be consistent with the following general standards for the density of use, use of land, the use, type, bulk, design and location of buildings, the common open space and public facilities requirements, and development of geographic divisions of the site:

a.

Density of Use. The overall site density shall be directed by the zoning district. In areas zoned R-1, the overall site density shall be limited to 3.5 dwelling units per acre. In areas zoned RM-1, the overall site density shall be limited to 12 units per acre.

The density limit (Yield Plan). The overall number of dwelling units permitted to be constructed shall not exceed the densities identified herein by district as applied to the gross site area less primary conservation areas as defined under Section 132.1421, paragraphs 4.a.

Example for a site within an RM-1 zoned area. 50) acres - 10 acres of floodplain × wetlands = 40 acres. 40 acres × 12 = 480 dwelling units for the yield plan.

The permitted density may be modified by the Planning Commission if one (1) or more density bonuses are approved.

Primary conservation areas may be permanently dedicated to a public entity or an appropriate nonprofit conservation organization, subject to Planning Commission approval. The dedication shall be evidenced by a recordable instrument acceptable to the Township Attorney.

b.

Potential Density Bonus dwelling units. The Planning Commission may approve bonus dwelling units provided they are located and designed as integral elements of the overall PURD. Proceeds from the sale of bonus dwelling units are to be used (in part) to provide a conservation endowment (ten (10) percent) and to provide an incentive (ninety (90) percent) to the applicant. Township spending from this conservation endowment fund shall be restricted to the interest from such fund and shall be used to help offset continuing monitoring, preservation and maintenance costs of designated public benefit area(s).

(1.)

Dwelling units above appropriate non-residential and commercial uses may be counted as 0.75 units toward the yield plan, and if directly fronting on a public gathering area (courtyard, park, commercial square, etc.) with a balcony or porch, may be counted as 0.50 units toward the yield plan.

(2.)

Accessory dwelling units may be counted as 0.75 units toward the yield plan.

(3.)

Dwelling units that would otherwise occupy and/or block a Planning Commission approved public viewscape (a particularly attractive view from a public road or other public location) may alternatively located elsewhere on PURD site subject to Planning Commission approval. Further, for each two (2) units relocated out of a viewscape, the applicant shall be allowed one (1) additional bonus dwelling unit for the overall site (any fraction rounded up).

(4.)

If the applicant proposes to create a public scenic view or public scenic experience area, the Planning Commission may approve additional bonus development units in relation to any lost development area and in relation to the particular value to the public. Such created areas might include things like a scenic turnout, a river front public park with a boardwalk, a wooded trail with an overarching canopy, a tower or top floor lounge offering a view of a river or other scenic vista, a public park with a band shell, fishing dock, or other cultural amenity, significant interpretative educational improvements for a nature trail or natural area, etc.

c.

Consistent with the purpose of providing design flexibility in a PURD, the size, width and area of lots, and the height, placement and lot coverage by buildings, may be varied from what would ordinarily be required under Article XII (Schedule of Regulations), subject to approval of the development plan by the Planning Commission, provided that adequate light, air, access, fire protection, safety, sanitation and open space are made available to all dwelling units.

d.

The minimum floor areas per dwelling shall conform to Article XII, except that an accessory (or secondary) dwelling unit shall conform to the limits provided under this Section under subsection 4. Permitted uses c. Accessory dwelling units.

e.

Spacing between buildings housing multiple-family dwellings to be included as part of a PURD shall conform to the development requirements of Section 132.1201 and the footnotes there under.

f.

Parking spaces and parking areas including access drives shall be provided in accordance with Sections 132.1405, 132.1406, and 132.1407. Any front parking for multiple-family and commercial uses shall be balanced with parking in the side and/or rear areas such that parking does not act as a focal point for the use.

g.

Single-family dwelling units, duplexes, three- or four-plex residences, or other residential structures with individual garages (whether attached or detached), which face the front street shall not project beyond the front line of the dwelling(s). Garage entrances are encouraged to be located such that they face on the side or rear of a lot, face on an alley, or have other configurations not opening directly onto (not facing) the front street. Garages not facing the front street need not be recessed behind the front line of the dwelling(s).

h.

Use of front porches, patios, courtyards, flower garden walks or other amenities inviting or offering a front street, front sidewalk relation for residents are encouraged.

i.

The plan may provide for a variety of housing types. If the proposed PURD site is in an R-1, Residential District, the overall mix of unit types may include a maximum of forty (40) percent multiple-family dwelling units. Single-family dwelling units and multiple-family dwelling units may be constructed concurrently provided a minimum of three (3) single-family dwelling units are constructed for each two (2) individual dwelling units of a multiple-family nature.

j.

A minimum of fifteen (15) percent of the net developable area of land shall be irrevocably dedicated as common open space. At the applicant's option, the dedication may be to the Homeowners Association or to a public entity of the Township's choosing with the public entity's concurrence. The dedication shall be evidenced by a recordable instrument acceptable to the Township Attorney. All undevelopable areas including existing open bodies of water and regulated wetlands and all road rights-of-way and parking shall not be counted towards the net developable area of land. Such common open space shall be readily accessible and available to PURD residents and the general public. If the PURD is developed in phases, each phase shall be so designed as to provide a proportional amount of common open space in accordance with each phase.

k.

A minimum of five (5) percent of the net developable area of land shall be irrevocably dedicated as private recreational and/or private open space for the use of the residents of the PURD. If the PURD is developed in phases, each phase shall be so designed as to provide a proportional amount of private recreational and/or private open space in each phase. The dedication shall be evidenced by a recordable instrument acceptable to the Township Attorney.

l.

Non-residential uses shall be accessory to the PURD. A minimum of twenty-five (25) of the total number of dwelling units (any single-family units counted first) in a PURD must be constructed and ready for sale to individuals from the general public prior to the construction of any non-residential uses.

m.

Commercial uses, commercial indoor recreational uses, and other uses which may be permitted hereunder, are limited to occupying up to a maximum of ten (10) percent of the net site area. A minimum of twenty-five (25) of the total number of dwelling units (any single-family units counted first) in a PURD must be constructed and ready for sale to individuals from the general public prior to the construction of any commercial portion of the project, except that site grading, roadway construction, and trunk utility installation relating to commercial portions may be concurrent with single-family dwelling unit construction.

n.

A coordinated sign package proposal.

o.

Homeowners' association. The applicant shall establish a home-owners' association to which all residents of the PURD must belong and shall relinquish control of the private recreational and private open space to the homeowners when eighty (80) percent of the dwelling units included in the PURD are sold to individuals from the general public, or within three (3) years of the commencement of construction, whichever occurs first.

p.

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

q.

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

r.

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

11.

Exhibit requirements for Step III, Final Development Plan. The following minimum information must be provided by the applicant at the time of filing of a final development plan on all or a portion (a phase) of a PURD.

a.

Concept Plan.

(1.)

PURD location (including a vicinity map) and relation to surrounding land uses.

(2.)

Concept rationale and description.

(3.)

Land use mix in number of buildings, acreages and percentages (single-family, multiple-family, non-residential, commercial, developed and undeveloped open space, etc.). Any proposed mixed use buildings.

(4.)

Density yield calculations, any proposed bonus dwelling units and the basis for requested bonus(es)).

(5.)

An architectural model of the total area within the PURD, at a scale sufficient to show both horizontal and vertical site relationships and to show important sight lines (as may be valuable for viewscapes, safety, or other purposes), including roads, drives, parking areas, developed and undeveloped open spaces, pedestrian and non-motorized circulation systems. The various land uses and buildings, and any major wooded areas shall also be included in basic three (3) dimension representations. The proposed model shall be presented at the public hearing. The site plan and two (2) model representations, if approved by the Planning Commission, with any required revisions, shall be retained at the Township Hall and shall be prominently displayed in the PURD sales office. Upon recommendation of the Township Planner, the Planning Commission may waive the requirement for an architectural model for simpler PURD site plans where the nature of the PURD can be adequately portrayed through the use of other exhibits.

(6.)

Concept illustrations and any architectural themes proposed.

(7.)

Architectural renderings of typical structures and landscape improvements, in sufficient detail to depict the basic architectural intent of the improvements for the currently proposed PURD and all future phases.

(8.)

Other major concept elements.

(9.)

Any proposed phases and scheduling.

b.

Site Plan Submission Requirements.

(1.)

Existing site features.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

A site map showing the PURD relationship to any existing flood plains.

(h)

A site map showing the PURD relationship to any existing regulated wetlands.

(i)

Existing natural features including woods, streams, natural drainage ways, rock outcrops, ponds, other wetland areas, etc.

(2.)

Proposed site features.

(a)

Layout of streets indicating proposed street names, right-of-way widths, connections with adjoining platted streets, county roads, or state highways, and the widths and location of alleys, easements and public walkways and non-motorized trails.

(b)

A streetlight plan and a lighting plan for separate pedestrian walkways, non-motorized trails, and other public spaces.

(c)

Layout, numbers and dimensions of single-family lots (with and without any accessory dwelling) and duplex lots, including building setback lines and dimensions. The number of bedrooms for each specific type of dwelling unit shall be provided.

(d)

Detailed site plans (one (1) inch equals one hundred (100) feet minimum scale or other approved scale) shall be provided for each multiple-family structure, non-residential structure, commercial structure, and developed open space area.

(e)

The Planning Commission may require a detailed site plan for an area where there may be a concern regarding a neighboring land use, at a scale deemed appropriate to understand the relationship of concern.

(f)

Layout of proposed multiple-family projects, including setbacks, buildings, drives, parking spaces, walkway systems, and landscaping. The number of bedrooms for each specific type of dwelling unit within a multiple-family structure shall be provided.

(g)

Layout and indication of uses to be included in proposed non-residential and commercial projects, including setbacks, buildings, drives, parking spaces, courtyards, malls, squares, pedestrian ways, landscaping, and percentages of lot coverage.

(h)

Detailed and coordinated sign package. Where all signs of future businesses or other uses cannot be completely predicted for the PURD or the current phase or future phases, the applicant shall provide a site plan sign policy at least as restrictive as the sign regulations under Section 132.1410 for review and approval of the Planning Commission. Any such approved sign policy shall become part of the PURD Agreement.

(i)

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

(j)

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

(k)

Detailed plans for the sewer system and the connection(s) to a public sewer system, which must be approved by the Township Engineer, and as may be required by the Township Board for access of public sewer system capacity.

(l)

Detailed plans for the public water system and the connection(s) to a public water system, which must be approved by the Township Engineer, and as may be required by the Township Board for access of public water system capacity.

(m)

Detailed plans for the storm drainage system, which must be approved by Township Engineer, St. Clair County Road Commission, and St. Clair County Drain Commissioner as may be needed. Storm drainage must be provided to an approved outlet.

(n)

Detailed plans for all other utilities (electric, gas, telephone, cable, etc.).

(o)

A site grading plan approved by the Township Engineer and as may be required, a soil erosion and sedimentation permit from the St. Clair County Department of Public Works.

(p)

Conceptual and detailed landscaping plans.

(q)

Pedestrian circulation and non-motorized trailway plans.

(r)

Detailed architectural renderings of proposed structures and landscaping for the currently proposed PURD or current phase.

(3.)

Supporting materials including:

(a)

PURD Agreement.

(b)

Legal description of the total site and separate legal descriptions for any phases.

(c)

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

(d)

A statement regarding the manner in which public open spaces shall be maintained.

(e)

A statement regarding the manner in which private open spaces shall be maintained.

(f)

A statement regarding the applicant's intentions regarding sale and/or lease of all or portions of the PURD, including land areas, residential units, non-residential facilities, and commercial facilities.

(g)

Copies of covenants, grants of easements (including easements for public utilities, non-motorized trails, and other public ways), and other restrictions to be imposed upon the uses of the land and structures.

(h)

A statement of required modifications (variations) to the R-1 or RM-1 district regulations which would otherwise be applicable to the PURD.

(i)

A detailed schedule indicating the proposed dates for the start of construction and completion of the PURD or each phase thereof. In the event of a subsequent phase, any requested deviation from the originally approved schedule.

c.

Preliminary plat and/or site condominium plan of the PURD or phase proposed for development as may be appropriate, in conformance with the state land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.) as amended and Part 130 of Twp. Ordinances and/or a condominium subdivision plan prepared in conformance with the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.) as amended.

12.

Performance guarantee. A performance guarantee may be required for any portion of the PURD which may require delayed construction. The applicant shall post a performance guarantee in the form of a cash bond or an irrevocable bank letter of credit with the Township Clerk. An estimate for the required bond amount shall be prepared by the Township Engineer and approved by the Township Board.

(Ord. of 7-25-07)

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

1.

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

2.

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

3.

No person may alter, divert or block, hinder the water flow of, or cause to be altered, diverted, blocked, or hindered the water flow of, any drain, drainage course, ditch, watercourse, or body of water whether natural or artificial, public or private, which causes an increase in the runoff of water onto adjacent properties, except as may be regulated and conditioned under this Section and the Condominium development provisions.

4.

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

5.

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

6.

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

7.

When a new building is constructed on a vacant parcel between two (2) existing developed properties, the finish grades about the new development shall be set to conform to the average of the finish grades of the existing developed properties on both sides.

8.

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

9.

Documentation required/zoning administrator approval-denial/appeal.

a.

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

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

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

If the owner of the property wishes to pursue the proposed change further, they may seek more comprehensive review under subsection 9.b. below.

b.

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

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

(1.)

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

(2.)

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

(3.)

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

(4.)

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

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

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

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

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

10.

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

(Ord. of 7-25-07)

1.

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

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

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

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

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

2.

Eligibility under the Township Zoning Act (PA 184 of 1943 as amended.) To utilize this development option, a site without public sewer service shall be located within a zoning district that has a one-half (½) acre [21,280 sq.ft.] or larger minimum lot size or a site with public sewer service shall be located within a zoning district that has a one-third (1/3) acre [14,520 sq.ft.] or larger minimum lot size. In Cottrellville Township the Open Space Preservation Development (Residential Clustering) Option shall be a principal use permitted in the A-1 Districts.

3.

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

4.

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

a.

Primary Conservation Areas. This category consists of:

(1.)

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

(2.)

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

b.

Secondary Conservation Areas. In addition to the Primary Conservation Areas, at least fifty (50%) percent of the remaining land shall be designated and permanently protected. Full density credit shall be allowed for land in this category that would otherwise be buildable under local, state, and federal regulations, so that their development potential is not reduced by this designation. Such density credit may be applied to other unconstrained parts of the site.

This category typically includes all or part of the following kinds of resources: mature woodlands, significant wildlife habitat areas, prime farmland, historic, archaeological, scenic views into the site from public roads.

At least twenty-five (25%) percent of the total of the minimum required secondary conservation area(s) shall, if suitable, be used for active recreation purposes excluding golf courses (also see "Recreation, Active" definition), but no more than fifty (50%) percent shall be utilized for that purpose, in order to preserve a reasonable proportion of natural areas on the site. Natural and open space areas may be used for passive recreation purposes (see "Recreation, Passive" definition). The purposes for which natural and open space areas are proposed shall be documented by the applicant.

c.

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

5.

Method of Preservation. The areas in open space, recreation, agriculture, or commons shall be perpetually protected from development. The open space shall be preserved using one or a combination of the following methods, subject to the review and approval of the Township Attorney and the Township Planning Commission:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

6.

Density Limit (Yield Plan). The number of dwellings permitted to be constructed shall not exceed the number that would be permitted under conventional zoning regulations as determined by gross parcel area less primary conservation areas as defined in the paragraphs under 4. a. above, divided by the minimum lot area set forth in the schedule of regulations for the district involved. The permitted density may be modified if a density bonus(es) is approved by the Planning Commission.

7.

Density Bonus.

a.

General. To encourage developers to utilize this development option where a large amount of open space is permanently preserved instead of conventional forms of land division where little or no usable open space remains, the Planning Commission may permit the number of dwelling units to be increased by up to 30% depending upon the physical characteristics of the site and upon a determination by the Commission that the plan is well designed and that proposed development complies in all respects with the intent and purpose of this Section, provided all other requirements of this Section are met.

Proceeds from the sale of bonus lots are to be used to provide a conservation endowment (50%) and to provide an incentive (50%) to the developer. Spending from this conservation endowment fund shall be restricted to interest from such fund and shall be used to offset continuing open space monitoring and maintenance costs.

b.

Public Access. To encourage appropriate and desirable lands to be set aside for public access to a portion of the site, a bonus of one (1) additional potential lot may be granted to the developer in exchange for a written and recorded easement to a unit of government for each two and a half (2.5) acres of public access land provided.

[Note: Land for connecting public paths or trails and adjoining buffer areas are one type of public access that may be desired. Public access to or along water bodies may be desired. Historic, archaeological, or cultural features, rare or unusual plants, or habitats are examples of other potential candidate resources for public access.]

Fifty (50%) percent of the proceeds from the sale of the bonus lot(s) shall be set aside for a public access endowment. The interest from the endowment shall be used to cover the additional public liability insurance requirements and cover other protection, maintenance, and inspection costs.

8.

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

9.

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

10.

Road Standards. All internal roads shall be designed and constructed to meet all requirements of the St. Clair County Road Commission (SCCRC) and as may be set forth in the township Subdivision Regulations or the township Site Condominium requirements. All internal roads shall be dedicated to the SCCRC, be accepted, and be incorporated into the SCCRC road system.

11.

Clustered Homesites.

a.

General Evaluation Criteria.

(1.)

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

(2.)

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

(3.)

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

(4.)

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

(5.)

Designs around existing tree lines and hedgerows between fields or meadows, and minimizes impacts on large woodlands (greater than 5 acres).

(6.)

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

(7.)

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

(8.)

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

(9.)

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

(10.)

Protects rural roadside character.

(11.)

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

(12.)

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

(13.)

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

(14.)

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

b.

Specific Criteria.

(1.)

Location of House Sites. House sites should generally be located not closer than 100 feet from Primary Conservation Areas, but may be situated within 50 feet of Secondary Conservation Areas to provide buffering distances and afford enjoyable views. The building "footprint" of proposed residences may be changed in any direction by less than 50 feet without approval. Changes involving 50 feet or more may be changed with approval from the Planning Commission.

(2.)

Street and Lot Layout. When lots and access streets are laid out, they shall be located in a way that avoids or at least minimizes adverse impacts on both the Primary and Secondary Conservation Areas. To the greatest extent practicable, wetland crossings and streets traversing existing slopes over 15% shall be strongly discouraged. Street connections shall generally be encouraged to minimize the number of new cul-de-sacs to be maintained by the County and to facilitate easy access throughout the development. Single-loaded residential access streets may maximize the number of homes with enjoyment of open space views, but may require more land to be disturbed.

(3.)

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

12.

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

13.

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

14.

Sewage Disposal and Water Supply. Use of on-site wells and septic systems are anticipated in Cottrellville Township. However, community septic systems or package treatment plants and community wells in lieu of individual wells and septic fields may be permitted if approved by the County and/or State Health Department. Public water and sewage disposal systems shall not be extended to serve projects developed under this Section if the site lies beyond an urban services area boundary, as may be set forth within the Master Plan, except in such instances where such utilities already are located at the perimeter of the site.

Portions of the open space may be used, if approved by the Planning Commission and the County Health Department for individual or community wells, for underground drainage fields for individual or community septic systems and for "spray fields" for spray irrigation purposes in a "land treatment" sewage disposal system. However, "mound" systems protruding above grade and aerated sewage treatment ponds shall be limited to no more than ten (10%) percent of the required minimum open space.

15.

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

16.

Site Plan. Approval under this section requires that a site plan meeting the requirements of Section 132.1016 be reviewed and approved by the Planning Commission. In addition to a site plan, the Planning Commission may require the submittal of additional documents as specified or called for herein.

17.

Site Condominium, Subdivision Approval, or Land Division. A project approved under this section shall also comply with all requirements of the township, county, and state for a site condominium, subdivision, or land division as may be applicable, and shall follow all such steps and procedures for approval required therein.

If clustering under land division is intended, documentation of the potential number of new parcels out of the parent parcel must be submitted. Notwithstanding other provisions of this ordinance, if developed under the land division method, the number of parcels or lots to be created shall not exceed the maximum number permitted under the state Land Division Act.

18.

Application and Approval Process.

a.

Preliminary Approval. The applicant shall prepare and present the following exhibits to the Planning Commission for review and approval. The Planning Commission shall submit the applicant's exhibits to the Township Planner for a recommendation. As may be necessary or advisable, a recommendation from the Township Engineer may also be sought during the preliminary approval process.

-  Applicant prepares and presents a "yield plan" for review and approval of the Planning Commission. The "yield plan" shall identify all primary conservation areas as defined in the paragraphs under 4. a. above, and shall accurately demonstrate the maximum number of lots or parcels which could be created if the property was developed conventionally.

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

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

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

b.

Planning Commission site plan review procedures (see Section 132.1016) are required in all eligible districts (A-1) for this principal permitted use. All required steps shall be scheduled with a determination of approval, approval with conditions, or disapproval to follow accordingly.

c.

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

Example

Parcel Size: 20 acres (A site like this with various natural limitations can be made more buildable under this development option.)

Normal Zoning — Agricultural District: 1.25 acre minimum lot size

Calculation of allowable number of lots:

20 acres = gross area

less 15% for internal roadways (3.0 acres)

less 1.0 acres for planned County Road ROW (parcel legal description running to the center of the road).

less 0.5 acres for a County Drain easement.

less 2.5 acres of regulated wetland, also 100 year floodplain, adjacent to county drain (a Primary Conservation Area)

20 — 3.0 acres — 1.0 acres — 0.5 acres — 2.5 acres = 13 acres [Adjusted Tract Acreage]

13 net acres/1.25 acre minimum lot size = 10.4

So…Ten (10) lots allowed [result of lot "yield plan"]

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

13 acres — 6.5 acres = 6.5 net acres [6.5 acres of Secondary Conservation areas to be permanently conserved:

- 4.0 acres of upland woods and stream to be held in common by resident owners.

- 2.5 acres on east side to be dedicated for public access. See bonus below.]

6.5 acres = net developable area

less 10% for roadway (reduced need)

6.5 × 0.90 = 5.85 net acres

Area per buildable home site:

5.85 net acres/10 allowable units

typical home site = 0.585 acre ^[32]

Potential Bonus Lots (Section 132.1021, 7.a. Density Bonus)

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

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

Potential Total: 10 + 3 = 13 Lots*

Potential Bonus Lots (Section 132.1021, 7.b. Public Access Bonus)

 1.5 acres for 50 ft. buffer area surrounding portions of wetlands
+ 0.5 acres for county trailway
+ 0.5 acre for wetland observation site and interpretative displays
 2.5 acres open to the general public (out of 15 acres of site conservation area.)

2.5 Acres Public Access = 1 Additional Bonus Lots

Potential Total 10 + 3 + 1 = 14 Lots*

6.5 net acres/14 allowable units

typical home site = 0.46 acre ^[33]

(Ord. of 6-4-03; Ord. of 7-25-07)

For any development other than single-family dwellings, two-family dwellings, agricultural buildings, and buildings and uses customarily accessory and incidental to these uses excepted, a detailed landscape plan shall be provided. Manufactured housing communities shall be excepted from landscape plan review, but shall instead be subject to preliminary site plan review as provided under Article VII. Such landscape plans shall be submitted (together with a site plan, if required) for approval by the Planning Commission. Each landscape plan shall meet the following requirements, unless modified by the Planning Commission for reasons which shall be put in writing and made part of a record of approval. Plant material spacing shall abide by Section 132.1423. Trees not permitted under Section 132.1423 shall not be used.

1.

General landscaping. At least five (5) percent of the total site must be committed to green space with a minimum of a maintained grass lawn. The applicant may include flowers, shrubs, tree-like shrubs, evergreen trees, deciduous trees and other decorative plant materials (see Section 132.1423). General landscaping areas are not required to be irrigated.

2.

Site accent landscaping. In addition to the general landscaping required above, site accent landscaping shall be provided by either a. a planting bed(s) adjacent to the main building(s) or b. a site accent bed(s) prominently featured in the front yard, or c. a combination of the two (2) as outlined below. The landscaping bed(s) shall be defined by a physical border separating it from lawn, sidewalk, and parking areas. The planting materials shall include a combination of vegetation (not including common lawn grasses) of the applicant's choice of the flowers, shrubs, tree-like shrubs, evergreen trees, deciduous trees, and other decorative plant materials (see Sec. 132.1423), subject to Planning Commission approval. The landscaping bed(s) may include a fountain, sitting area, archway, or other decorative feature. The landscaping bed(s) shall be watered by means of an automatic irrigation system. Site signage as permitted and regulated under this zoning ordinance may be located within a landscaping bed(s).

a.

A planting bed(s) shall be provided adjacent to the primary building(s) which shall be equal to at least five (5) percent of the gross floor area of the primary building.

b.

A site accent bed located in the front yard(s) shall be equal to at least two-and-a half (2.5) percent of the total site.

c.

A combination of planting bed(s) and site accent bed(s) may be provided as an alternative to a. or b. above, in accordance with the following combination minimums.

3.

Required numbers of trees. Within the landscape plan, a minimum of one (1) large deciduous tree shall be provided for each ten thousand (10,000) square feet of site area. The following numbers of trees (or appropriate combinations there of) may be considered equivalent to one (1) large deciduous tree: two (2) evergreen trees or four (4) tree-like shrubs (see Section 132.1423 for lists of each type of tree.) Required tree(s) may be located at any appropriate location on the site. An existing large, healthy, mature tree, if preserved, may be considered equivalent to two (2) new large deciduous trees.

For sites with less than ten thousand (10,000) square feet in area, at least one (1) tree or two (2) tree-like shrubs shall be included within the landscape plan. The Planning Commission may need to make modifications for the smallest sites.

Trees shall be located and protected in such a way that they are not subject to damage by construction equipment and activities, vehicles, lawn maintenance equipment, and animals.

4.

Mechanical equipment (e.g. air conditioning units, electrical transformers, etc.) located at grade in a front yard or other location readily exposed to public view regardless of location shall be screened with plant materials.

5.

Maintenance. The property owner shall be responsible for maintaining all landscaping and irrigation systems in perpetuity; including trees, shrubs and other plants by pruning, cultivating and weeding, and replanting as required for healthy growth and appearance. Trees and shrubs shall be pruned, thinned out and shaped in accordance with standard horticultural practice. Stakes and guy supports for trees and shrubs shall be repaired and trees and shrubs shall be reset to proper grades or vertical position as required. Stakes and guy supports shall be removed in accordance with standard horticultural practices. Damaged wrappings shall be restored or replaced in accordance with standard horticultural practices. Trees and shrubs and other plants shall be kept free of disease and harmful insects. The property owner shall be responsible in perpetuity for replacing all unhealthy and dead materials within one year of damage or death, or within the start of the next appropriate planting period, whichever comes first.

(Ord. of 7-25-07)

Whenever in this Ordinance a landscaped greenbelt, earth berm, or planting is required, it shall be planted prior to the issuance of a Certificate of Occupancy. If the development is not completed within a growing season, a temporary Certificate of Occupancy shall be issued for a one-year period and a bond posted of sufficient amount to ensure that the landscaped greenbelt, earth berm, or planting will be completed in accordance with Ordinance provisions. Any required landscaped greenbelt, earth berm, or planting shall be maintained in perpetuity by the landowner or his agents. Suitable plant materials as listed below, or equal in characteristics to these materials, with the spacing and heights as required shall be provided.

1.

Plant material spacing.

a.

Plant materials shall not be placed closer than four (4) feet from the fence line or property line.

b.

Where plant materials are placed in two (2) or more rows, plantings shall be staggered in rows.

c.

Evergreen trees shall be planted not more than thirty (30) feet on centers, and shall be not less than five (5) feet in height.

d.

Narrow evergreens shall be planted not more than six (6) feet on centers, and shall be not less than three (3) feet in height.

e.

Tree-like shrubs shall be planted not more than ten (10) feet on centers, and shall be not less than four (4) feet in height.

f.

Large deciduous shrubs shall be planted not more than four (4) feet on centers, and shall not be less than six (6) feet in height.

g.

Large deciduous trees shall be planted not more than thirty (30) feet on centers, and shall be not less than eight (8) feet in height.

2.

A minimum of four (4) different species must be planted. At least two (2) of these four (4) different species must be coniferous or evergreens.

3.

There shall be a minimum of eight (8) large trees per 1,000 square feet of greenbelt area.

4.

Trees not permitted.

a.

Box elder

b.

Soft Maple (red-silver)

c.

Elms

d.

Poplars

e.

Willows

f.

Horse Chestnut (nut bearing)

g.

Tree of Heaven

h.

Catalpa

5.

Along the greenbelt shall be placed on the ground a covering to prevent growth of noxious weeds. This cover shall be, but not limited to, stones, bark chips or wood chips.

Suggested Plant Materials

Evergreen Trees: Minimum five (5) feet in height.

Juniper
Fir
Spruce
Hemlock
Pine
Douglas-fir

Narrow Evergreens: Minimum three (3) feet in height.

Column Hinoki Cypress
Blue Columnar Chinese Juniper
Pyramidal Red-Cedar
Swiss Stone Pine
Pyramidal White Pine
Irish Yew
Douglas Arbor-Vitae
Columnar Giant Arbor-Vitae

Tree-Like Shrubs: Minimum four (4) feet in height.

Flowering Crab
Mountain Ash
Redbud
Hornbeam
Magnolia
Russian Olive
Dogwood
Rose of Sharon
Hawthorn

Large Deciduous Shrubs: Minimum six (6) feet in height.

Honeysuckle
Mock-Orange
Lilac
Cotoneaster
Evonymus
Buckthorn
Viburnum
Forsythia
Ninebark
Hazelnut
Privet
Sumac

Large Deciduous Trees: Minimum eight (8) feet in height.

Oak
Hackberry
Planetree (Sycamore)
Ginkgo
Sweet-gum
Linden
Hard Maple
Birch
Beech
Honeylocust
Hop Hornbeam

(Ord. No. 17M, 8-6-80; Ord. of 7-25-07)

All swimming pools as defined in the Michigan Building Code which are proposed to be erected in the Township shall comply with the Michigan Building Code and following requirements:

1.

Application. The application for a zoning compliance permit to erect a swimming pool shall include the name of the owner, a plot plan, location of adjacent buildings, and nearby fences, other structures, and trees.

2.

Pool Location. The minimum side yard setback shall comply with ARTICLE XII, Schedule of Regulations. Furthermore, the pool fence must not be built within the required front yard or required corner lot side yard. Rear yard setback shall not be less than four (4) feet between the pool outside wall and the rear property line, or less than four (4) feet between pool wall and any building on the lot. No swimming pool including required fence shall be located within an established easement.

(Ord. of 7-25-07)

1.

Private ponds for fish, ducks, livestock watering, irrigation water, fire protection, recreation, collection of surface drainage or created for the purpose of obtaining fill dirt for on-site construction purposes (but not waste lagoons) shall be permitted in any district subject to the provisions below and after first obtaining a zoning compliance permit from the Zoning Administrator. The application for the permit shall contain:

a.

The name of the owner(s) of the property.

b.

Legal description of the property.

c.

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

2.

No pond shall be constructed on vacant land, except where a permit has first been obtained for the construction of a dwelling and except to allow for agricultural ponds for watering of livestock on vacant land.

3.

No pond shall be constructed without first obtaining a permit from the Michigan Department of Environmental Quality (DEQ) if such pond would be:

a.

Five (5) acres or greater in area, or

b.

Connected to an existing lake or stream, or

c.

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

The obtaining of a permit from the DEQ shall not relieve a person from also complying with the requirements of this Section 132.1425.

4.

Applicants under this section are encouraged to obtain copies of publications concerning ponds from the U.S. Soil Conservation Service and the St. Clair County Cooperative Extension Service.

5.

All ponds constructed after the effective date of this Ordinance shall comply with the following regulations:

a.

To construct a pond, a landowner (or combination of landowners as provided under 5.j. below) must place it on a parcel (or combination of contiguous parcels) of five (5) acres or more in area and said parcel (or combination of parcels) must be occupied by a principal use, except for ponds to be used for agricultural irrigation and/or livestock watering which shall be located on a contiguous parcel of land of not less than forty (40) acres.

b.

No pond shall be less than five thousand (5,000) square feet in area. No pond shall have a width of less than sixty (60) feet.

c.

Excavated earth material created by construction of a pond shall be used to the maximum extent feasible for on-site purposes. However, excess excavated earth materials not feasible for use on-site may be removed or sold and taken from the property in compliance with an approved site plan and the following requirements.

(1.)

If the applicant proposes that any excess excavated earth is to be removed from the property he shall first provide a written statement of the cubic yards to be removed. The applicant shall be limited to this stated volume and any amount in excess of the stated volume to be removed must first be approved as an amendment to the site plan. This statement or any amendments thereto shall either be shown on the site plan or physically attached to the site plan and shall be considered a part of the site plan for purposes of review and approval or denial.

(2.)

Further, any excess excavated earth shall be removed within three (3) months after excavation, except under unusual circumstances (i.e., a long period of bad weather as might occur in winter or spring months) then the applicant may apply to the Planning Commission for one (1) extension of three (3) months.

d.

Excavations undertaken primarily for the purpose of commercial soil, gravel, or mineral removal and not primarily for the purposes set forth in this section above shall not be considered as "ponds" but instead shall be considered as "mining and extraction" uses under Section 132.1324 and subject to the applicable provisions of this Ordinance.

e.

The pond at its deepest level shall not be greater than twenty-five (25) feet in depth, nor less than twelve (12) feet in depth.

f.

The pond may occupy up to a maximum of fifteen (15) percent of the lot or property upon which it is placed.

g.

The pond shall be a minimum of fifty (50) feet from any dwelling, any septic field or any domestic water supply, and a minimum of twenty-five (25) feet from any accessory building.

h.

All ponds shall comply with the required front, rear, and side yard setbacks for the district in which the pond is to be located as set forth in Article XII (Schedule of Regulations), except that in no case shall any setback be less than twenty (20) feet. Front yard setbacks shall be measured from the edge of the "planned" road right-of-way as set forth in the Cottrellville Township Thoroughfare Plan.

i.

There shall be no slope in excess of 25 percent (a 1 to 4 slope) until the pond reaches a depth of five (5) feet at the low water mark on all sides of the pond. Below this point, up to a fifty (50) percent (a 1 to 2 slope) is permitted. High and low water lines shall be shown on the site plan.

j.

The side and rear yard setbacks set forth above shall not be construed to prevent a shared pond between properties, provided the property owners enter into a written agreement to provide for the pond's construction and maintenance to meet the above requirements. A signed copy of this agreement shall be attached to the site plan.

k.

At least one (1) permanent safety station consisting of a Coast Guard approved life buoy or ring, 100 feet of ¼″ rope and a ten-foot pole, all mounted on a post, shall be provided nearest the deepest portion of the pond and erected prior to the completion of the pond. Safety station shall comply with U.S. Soil Conservation Publication SCS-REC-121 (3-71). Signs warning of danger and emergency procedures shall also be placed at appropriate locations as indicated in aforementioned S.C.S. publication. Additional safety stations may be required by the Zoning Administrator in the case of large ponds.

l.

If the pond is intended for swimming, the swimming area shall be free of all underwater obstacles such as sudden drop-offs or deep holes, trees, stumps, brush, rubbish, wire, junk machinery, and fences. The swimming area, if any, shall be marked with a float line.

m.

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

n.

The pond shall be located so as to prevent sewage or run off from barnyards from draining into the pond.

o.

No pond shall be located directly beneath an overhead electrical line, wire, or conductor, nor within ten (10) feet horizontally of any overhead electrical line.

p.

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

q.

All approved ponds shall be completed within six (6) months from the date of issuance of the permit. The Zoning Administrator may grant one six-month extension of the permit for just cause.

r.

A soil erosion control permit shall be obtained from the St. Clair County Dept. of Public Works when required by the Soil Erosion and Sedimentation Control Act (PA 347 of 1972, as amended).

s.

Existing drainage patterns shall not be altered in a manner that would result in either increased or decreased run-off of water (over the pre-existing condition) onto adjacent properties. Ponds shall be constructed in such a manner that run-off, overflow, spillage, or seepage shall not encroach upon adjacent properties.

t.

A spillway to an approved drainage ditch may be required at the discretion of the Zoning Administrator.

(Ord. of 7-25-07)

Any building or structure which has been wholly or partially erected on any premises located within the Township shall not be moved to and placed upon any other premises in this Township until a zoning compliance permit for such removal and relocation shall have been secured from the Zoning Administrator and such other township inspectors and/or authorities as may be required under existing law. Any such proposed relocated building or structure shall fully conform to all the provisions of the Ordinance in the same manner as a new building or structure.

(Ord. of 7-25-07)

In the A-1 and R-1 Residential Districts only one principal building/single-family dwelling shall be placed on a "lot of record" (see definition), except where no "subdivision" of the land under Public Act 288 of 1967 (the State Land Division Act), as amended, has taken place, and where the land therefore remains as one "lot or parcel," as in the case of a "site condominium". In this instance, not more than one single-family dwelling shall be constructed upon an individual "unit of ownership" within a site condominium development.

No building shall be erected on land subdivided in violation of the State Land Division Act (1967 PA 288, as amended, formerly known as the Subdivision Control Act).

(Ord. of 7-25-07)

The building setback as it relates to that yard along the St. Clair River shall conform to the setbacks established by existing adjoining structures and shall in no instance be less than the setbacks otherwise required under Article XII (Schedule of Regulations).

In establishing the setback based on the existing structures, a straight line shall be drawn from the southernmost corner nearest the river of the building on the north to the northernmost corner nearest to the river of the building on the south. Any new structures shall be built behind this imaginary line (see illustration below).

(Ord. of 7-25-07)