8.1.1 Intent and purpose. Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this Ordinance to provide a set of procedures and standards for specific uses or land or structures that will allow, on one hand, practical latitude for the investor or developer, but that will at the same time maintain sound provisions for the protection of the health, safety, convenience and general welfare of township inhabitants. In order to provide controllable and reasonable flexibility, this article permits review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure uses possessing these characteristics may be authorized within certain zone districts by the issuance of a special use permit. By such a procedure, the planning commission and township board have the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare.

The following sections, together with previous references in other articles of this Ordinance, designate specific uses that require a special use permit and, in addition, specify the procedures and standards which must be met before such a permit can be issued.

8.1.2 Permit procedures. An application for a special use permit for any land or structure use permitted under this article shall be submitted and processed under the following procedures:

1)

Submission of application: Any application shall be submitted through the township clerk on a special form for that purpose. Each application shall be accompanied by the payment of a fee as established by the township board to cover costs of processing the application. No part of any fee shall be refundable.

2)

Data required: Every application shall be accompanied by the following information and data:

a)

The special form supplied by the township clerk filled out in full by the applicant, including a statement of supporting evidence concerning the required findings specified in section 8.1.3.

b)

Site plan, plot plan, or development plan, drawn to scale of not more than one (1) inch = one hundred (100) feet of the total property involved showing the location of all abutting streets, the location of all existing and proposed structures and their uses, and the location and extent of all above ground development, both existing and proposed.

c)

Preliminary plans and specifications of the proposed development and for all construction.

d)

All interested parties desiring use of permit shall sign application.

3)

Planning commission review and hearing: The application, along with all required data, shall be transmitted to the planning commission for review and the planning commission shall publish one (1) notice in a newspaper of general circulation in the township that a request for special land use approval has been received and that a public hearing on the special land use request may be requested by any property owner or occupant of any structure located within three hundred (300) feet of the property being considered for the special land use, regardless of whether the property owner or occupant is located within the township. Such request for public hearing shall be made in writing to the township by no later than 5:00 p.m., the second Monday after the notice first appeared in the newspaper. A public hearing shall not be held unless requested by the township officials, by the applicant, or by property owner or occupants within three hundred (300) feet. If requested, publication and notice shall be made in the same manner as in section 9.3.4 of this Ordinance.

4)

Township board action: Upon receipt of the planning commission's recommendation by the clerk, the township board shall consider the special use permit application at its next regular meeting. The township board shall approve or disapprove the recommendations of the planning commission. Only upon approval of the township board may a special use permit be issued by the township clerk.

5)

Special use permits issued under this section shall be valid for an indefinite period of time unless otherwise indicated on the permit. If a complete application for site plan review pursuant to section 3.3 of this Ordinance has not been submitted within one (1) year of the date of approval of the special use permit by the township board, the special use permit shall automatically become null and void, and all rights thereunder shall terminate. Upon written request filed prior to termination of the one-year period, the planning commission may recommend to the township board authorization or denial of an extension of the time limit for a period of not more than one (1) year without the necessity of holding another public hearing.

6)

The township board shall have the authority to revoke any special use permit after it has been proved that the holder of the permit has failed to comply with any of the applicable requirements in article VIII. After a revocation notice has been given, the use of which the permit was granted must cease within sixty (60) days.

7)

Reapplication: No application for a special use permit which has been denied wholly or in part by the township board shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on the grounds of newly-discovered evidence or proof of changed conditions.

8.1.2.1 Unless prohibited elsewhere in this Ordinance, special use permits shall be assignable from one (1) party to another, provided, however, that the site, location and any other restrictions placed on the original special use permit do not change. Assignability of said permit shall be subject to the following requirements and conditions:

1)

Prior to reassignment of the special use permit to any owner, lessee, occupant or operator, the current permit holder shall notify the director of community development of his/her intention to assign the permit to a third party.

2)

The assignee of the permit shall complete the appropriate application for a continued use of the permitted operation.

3)

The assignee of the permit shall meet with the director of community development in an effort to become familiar with all existing requirements of the special use permit. Unless provided elsewhere in this Ordinance, the new assignee must comply with all special use permit requirements of the current permit holder.

8.1.2.2 Approved uses, except seasonal uses, which cease for a period of one hundred eighty (180) days', are hereby considered abandoned, and any such abandonment shall render the special use permit null and void. Seasonal uses which cease for a period of one (1) year shall become null and void. Any use following an abandonment must meet the requirements of this Ordinance and will require a new special use permit as required in section 8.1 of this Ordinance. For purposes of this section, seasonal uses shall be defined as uses which require or are affected or caused by certain weather availability.

8.1.3 Basis for determinations. Before making a recommendation on a special use permit application, the planning commission shall establish to its satisfaction that the following general standards, as well as the specific standards outlined in each applicable section of this article shall be satisfied.

1)

General standards. The planning commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on its proposed location will:

a)

Be harmonious with and in accordance with the general principles and proposals of the Comprehensive Development Plan of Delhi Charter Township.

b)

Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

c)

Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to the property in the immediate vicinity and to the community as a whole.

d)

Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities or schools.

e)

Not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

f)

Be consistent with the intent and purposes of the zoning district in which it is proposed to locate such use.

g)

Be designed to protect natural resources, the health, safety and welfare, and the social and economic well-being of those who will use the land use or activity, and the community as a whole.

h)

Be related to the valid exercise of the police power, and purposes which are affected by the imposed use of activity.

i)

Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the Ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.

2)

Conditions and safeguards. The planning commission may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights and for insuring that the intent and objectives of this Ordinance will be observed. The breach of any condition, safeguard, or requirement shall automatically invalidate the permit granted.

3)

Specific requirements. The general standards and requirement of the section are basic to all uses authorized by special use permit. The specific and detailed requirements set forth in the following sections relate to particular uses and are requirements which must be met by those uses in addition to the foregoing general standards and requirements where applicable.

(Ord. No. 39.59, 6-6-95; Ord. No. 39.135, 6-19-07; Ord. No. 39.152, § IV, 5-31-09)

8.2.1 Authorization. The planning commission and township board may authorize the construction, maintenance and operation in R-1A, R-1B, R-1C, R-1D, R-1E, or A-1 Districts of institutional uses specified in this section by the issuance of a special use permit. Such permit shall not be issued unless all the procedures and applicable requirements of this section, can be complied with.

8.2.2 Institutional uses that may be permitted. The following land and structure uses may be permitted in R-1A, R-1B, R-1C, R-1D, R-1E, or A-1 Districts, provided the applicable stipulated conditions are met:

1)

Religious institutions.

2)

Educational and social institutions. Public and private schools, assembly buildings, and fraternal organization provided that none are operated for profit.

3)

Public buildings and public service installations. Publicly owned and operated buildings, public utility buildings and structures, telephone exchange buildings, transformer stations and substations, and gas regulator stations.

8.2.3 Institutions specifically prohibited. The following uses, but not limited to those enumerated, shall not be permitted in any residential district, but may be allowed as follows:

1)

Institutions for drug or alcoholic patients and camps or correctional institutions may be allowed in A-1 Districts only.

2)

Institutions for human care. Hospitals, sanitariums, philanthropic and eleemosynary institutions, except for those enumerated in section 8.2.3 1) above, may be allowed in A-1 District.

3)

Auditoriums and other places of assembly, centers for social activities, but excluding schools or studios for music and dancing instruction may be allowed in the A-1 District.

8.2.4 Site development requirements. A permit shall not be issued for the occupancy of a structure or parcel of land or for the erection, reconstruction or alteration of any institutional structure unless all of the following site development requirements are met:

1)

Minimum site shall have a lot width and a lot depth of not less than two hundred (200) feet and the lot width to depth ratio consistent with the minimum requirement for the zoning district in which it is located.

2)

The lot shall have adequate land area to accommodate the building, setbacks, parking, greenbelts, landscaping and other required site improvements, to minimize negative impacts on affected residential uses.

3)

The site shall have direct access to a public road.

4)

All driveway approaches shall be subject to all requirements of the Ingham County Road Commission.

5)

All yard setbacks shall be at least fifty (50) feet.

6)

Off-street parking shall be prohibited in the front yard setback area and within ten (10) feet of any rear or side property lines. In case any off-street parking abuts a lot in any residential district, a wall or a greenbelt shall be provided per sections 6.10.5.6.

7)

No building may exceed the required building height for the applicable zoning district in which the site is located, provided that the required front, side and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum allowable height. The maximum height of the steeple shall not exceed sixty (60) feet. The additional setback requirements referenced above shall not apply to the steeple, provided that it is a single architectural element and not incorporated into the mass of the building.

8)

A twenty-foot buffer strip pursuant to section 6.10.1.5 of this Ordinance, shall be provided where the site abuts either a residential district or an existing residential use.

9)

Off-street parking facilities shall be provided as specified in section 7.1 of this Ordinance.

10)

Accessory facilities such as meeting or social halls, residences, indoor or outdoor recreation facilities, auditoriums, and other similar uses incidental to the principal use shall also conform to the standardized parking requirement(s) outlined in section 7.1.9 of this Ordinance.

(Ord. No. 39-17, § 8.2.4, 2-15-77; Ord. No. 39.21, § 8.2.4, 10-16-79; Ord. No. 39.69, 11-18-97; Ord. No. 39.91, § 1, 1-18-2000; Ord. No. 39.92, § 1, 2-1-00; Ord. No. 39.101, § 5, 11-4-03)

Editor's note— Ord. No. 39.81, § 1, adopted Feb. 2, 1999, deleted and eliminated in its entirety § 8.3, which pertained to the cluster single-family housing district, and which derived from Ord. No. 39.51, adopted Nov. 16, 1993; and Ord. No. 39.55, adopted April 5, 1994.

8.4.1 Authorization. A permit may be issued within the RM Multiple-Family District when all of the procedures and applicable requirements stated in section 8.1 and the additional requirements of this section can be complied with.

8.4.2 Uses that may be permitted. Any mobile home park development may include any or all of the following uses, provided that a plan of the proposed development is approved by the State of Michigan in accordance with Act 243, Public Acts of 1959, as amended, and provided further that said development plan can meet the standards of this section.

1)

Trailers, trailer coaches, mobile homes or similar vehicles designed for occupancy as a dwelling.

2)

Accessory buildings required for normal operation of the mobile home park development. Such uses as stores, mechanical dispensers, equipment storage, coin-operated laundry and dry cleaning facilities may be permitted, provided that such uses:

a)

Shall not occupy more than ten (10) percent of total site;

b)

Shall be subordinate to the residential use and character of the park;

c)

Shall be located, designed and intended to serve the trade or service needs of persons residing in the park.

3)

Signs may be permitted as provided in article VI, section 6.9.

4)

Off-street parking, as required in article VII, section 7.1.

8.4.3 Site development requirements. The following requirements for site development, together with any other applicable requirements of the State of Michigan Act 243, Public Acts 1959, as amended, shall be complied with. A complete copy of the plans and specifications filed as required under section 7 and 8 of Act 243, as amended, shall be filed with the township clerk at the time of application for a special use permit. If any of the requirements of this Subsection are less than those in the State Act, the State requirements shall prevail.

1)

Minimum site size. Five (5) acre site with a minimum width of two hundred fifty (250) feet.

2)

Site location. The proposed site shall have at least one (1) property line abutting upon a major arterial. All ingress and egress to the site shall be provided directly from said arterial. The major road shall be paved and of sufficient design capacity as required by the Ingham County Road Commission to safely and effectively handle any increased traffic which has been generated by the mobile home park. If the major road does not meet the required standards of the Ingham County Road Commission, the developer of the mobile home park shall pay the cost of the improvements which are necessary before a special use permit is granted.

3)

Site yard dimensions. All buildings and mobile homes within the mobile home park site shall be no closer than fifty (50) feet from any public street line and no closer than fifty (50) feet from any side or rear property line of the mobile home park site. Such setback space shall be occupied by plant materials and appropriately landscaped. The plans and specifications for the mobile home park development shall include the proposed arrangements of such plantings and/or screening structures which shall be subject to the approval of the planning commission.

4)

Site access. All points of entrance or exit from the mobile home park development shall be paved to a minimum width of twenty-four (24) feet. Said entrance or exit drives or roadways shall be located no closer than two hundred (200) feet from the intersection of any two (2) public highways or streets.

5)

Space requirements. The minimum lot area or premises used or occupied by each mobile home shall be three thousand (3,000) square feet and shall not be less than thirty-five (35) feet in width.

6)

Yard requirements. There shall be a minimum side yard of fifteen (15) feet at the entry side of a mobile home and a minimum side yard of eight (8) feet at the nonentry side. There shall be a minimum of ten (10) feet between the ends of the mobile home and the side lot lines. The edge of any internal paved street shall be deemed a side boundary line. Space between mobile homes may be used for parking of motor vehicles if such space is ten (10) feet from the nearest mobile home lot boundary, provided such space is surfaced with a material which provides a dustless, durable and smooth surface.

7)

Park roads. Each mobile home lot or premises shall have access to a park driveway, roadway or street which shall be paved to a minimum width of twenty-four (24) feet, provided that no parking shall be permitted on said roadway. The required paving width for said streets, roadways or driveways may be adjusted if the following conditions exist:

a)

If a one-way street pattern is proposed as part of the proposed site development, the street shall be paved to a minimum width of twenty (20) feet, provided no parking shall be permitted on said roadway.

b)

If on-street parking is proposed for either a one-way or two-way street pattern as part of the proposed site development, an additional ten (10) feet of street paving shall be provided for each parking lane desired, provided that at least one (1) parking stall is provided for each mobile home lot or premises.

8)

Walks. A thirty-inch-wide concrete walk shall be provided from the entrance of each mobile home to all required service facilities within the mobile home park.

9)

Mobile home lot improvements. All mobile homes shall be parked on a reinforced concrete slab at least four (4) inches in depth, ten (10) feet in width and forty-five (45) feet in length. All parking areas provided on the mobile home lot or premises shall be clearly defined and hard-surfaced. Each mobile home shall be supported on uniform jacks or blocks.

10)

Building height. No building or structure shall exceed twenty (20) feet in height.

11)

Lighting. No spot or floodlights shall be used for lighting or advertising purposes. No other lighting for identification or advertising purposes shall have a visible source of illumination. No lighting shall shine on adjacent properties. All other lighting shall be in accordance with the State of Michigan Act 243, Public Acts of 1959, as amended.

12)

Play areas. Exclusive of other yard and open space requirements of this section, there shall be provided a usable outdoor play area at the rate of seventy-five (75) square feet for each mobile home space in the mobile home park. Such open space shall contain a minimum area of thirty-five hundred (3500) square feet and shall be developed and maintained by the management to provide for recreation for the children of the mobile home park.

13)

Fuel tanks. All fuel oil and all gas tanks shall be located on each mobile home site in a uniform manner or furnished to each site underground. All aboveground tanks shall be on noncombustible stands which are supported on a concrete base.

14)

Sanitary sewer and water facilities. All mobile homes shall be connected to public sanitary sewer and water facilities when within one (1) mile of the development. When not available, water and sanitary sewer facilities shall be provided from central systems constructed by the park owner and approved by the township planning commission and the Ingham County Health Department. If, on the basis of the Ingham County Health Department, unsafe health conditions are present in either the water or sanitary sewer systems, the special use permit will automatically be terminated.

15)

Utility cabinets:

a)

Each mobile home park shall permit one (1) enclosed waterproof structure suitable for storage of goods and the usual effects of the inhabitants of such park, but not to exceed ninety (90) cubic feet of storage space at each mobile home site or other adequate structure or structures for such storage elsewhere in such park.

b)

Storage of goods and articles underneath any mobile home or out-of-doors at any mobile home site shall be prohibited.

16)

Recreation areas. Exclusive of other yard and open space requirements of this section, common usable recreation space of at least one hundred (100) square feet per mobile home site in the park with a minimum area of five thousand (5,000) square feet shall be developed and maintained by the management. The area or areas shall not be less than seventy-five (75) feet in its smallest dimension and no further than five hundred (500) feet from any mobile home site served.

LANDSCAPE BUFFER REQUIREMENTS

Zoning of Adjacent Property

(Ord. No. 39.92, § 1, 2-1-00)

Editor's note— Ord. No. 39.94, adopted June 20, 2000, deleted Appendix A, § 8.5 pertaining to gasoline service stations, which derived from Ord. No. 39.55, adopted April 5, 1994.

8.6.1 Authorization. It is the intent of this section to provide a framework of regulatory standards which can be utilized by the planning commission and township board as a basis for approving or disapproving certain special uses which may be permitted by the issuance of a special use permit within the particular zone districts cited.

8.6.2 Special uses that may be permitted. The following land and structure uses may be permitted within the particular zone districts cited, provided that requirements specified in section 8.1 and the applicable specified conditions established herein are complied with:

1)

Incinerators and sanitary fills within any agricultural or industrial district.

2)

Salvage yard within any industrial zone district.

3)

Sewage treatment and disposal installations within any industrial or agricultural zone district.

4)

Drive-in theaters, race tracks, temporary and transient amusement enterprises, golf driving ranges, and miniature golf courses within C-3 Highway Service Districts.

5)

Special open space uses, such as public beaches, bathhouses, private resorts, recreational camps, and other open space uses operated for profit within any agricultural zone district.

6)

Institutions for the mentally retarded and physically handicapped, drug or alcohol patients and camps or correctional institutions within any agricultural zone district.

7)

Sand or quarries, gravel pits, temporary asphalt plant installations, within any agricultural zone district or industrial zone.

8)

Temporary structures.

9)

Adult motion picture theaters, bookstores, massage parlors within the C-2 General Business District.

10)

Child care establishments and foster care in zones as permitted in section 8.6.3.

11)

Utility grid wind energy system, on-site use wind energy system over twenty (20) meters high, and anemometer towers over twenty (20) meters high.

8.6.3 Site development requirements. All requests for special use permits are subject to site plan review per section 3.3 of this Ordinance. A special use permit shall not be issued for the occupancy or use of a structure or parcel of land or for the erection, reconstruction or alteration of a structure unless complying with the following site development requirements:

Without limiting the powers of the township board in any other section of this Ordinance, the township board shall have the authority to revoke any special use permit when, after reasonable warning, the operators of any use permitted under this section fail to comply with any of the requirements stipulated. In addition, the planning commission, as part of its approval of a particular special use permit, may recommend to the township board any additional conditions and safeguards that are deemed necessary for the protection of the public welfare.

1)

Incinerators and sanitary fills:

a)

All uses shall be established and maintained in accordance with all applicable State of Michigan Statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail. In addition, all sanitary landfills shall be licensed with the Michigan State Health Department in accordance with Act 87 of the Public Acts of 1965 and site locations shall be reviewed by the Michigan State Water Resources Commission.

b)

All uses shall be enclosed by a fence four (4) feet or more in height for the entire periphery of the property. Fences shall be maintained at all times.

c)

All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned, so that they shall be in a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form.

d)

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general.

e)

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual, or to the community in general.

2)

Salvage yards:

a)

All uses shall be established and maintained in accordance with all applicable State of Michigan Statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.

b)

The site shall be a minimum of five (5) acres in size.

c)

A solid fence or wall at least eight (8) feet in height shall be provided around the entire periphery of the site to screen said site from surrounding property. Such fence or wall shall be of sound construction, painted and otherwise finished neatly and in conspicuously.

d)

All activities shall be confined within the fenced-in area. There shall be no stocking of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs or lighting shall be used or stored outside the fenced-in area.

e)

All fenced-in areas shall be set back at least ten (10) feet from any front street or property line and a minimum of ten (10) feet from any side or rear property line. Such front yard setback shall be planted with trees, grass and shrubs to minimize the appearance of the installation.

f)

No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing or packaging shall be conducted within a completely enclosed building.

g)

Special use permits for salvage yards shall not be transferable to third parties without application and public hearing as is provided in section 8.1.

3)

Private multi-user sewage treatment and disposal installations:

a)

All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable state statutes, the state requirements shall prevail.

b)

All operations shall be completely enclosed by a wire-link fence not less than six (6) feet high.

c)

All operations and structures shall be surrounded on all sides by a transition strip at least two hundred (200) feet in width within which grass, plant materials and structural screens shall be placed. The planning commission shall approve all treatment of transition strips.

4)

Drive-in theaters, race tracks, temporary and transient amusement enterprises, golf driving ranges and miniature golf courses:

a)

All sites shall be located on a major or minor arterial. All traffic ingress or egress shall be from said thoroughfare. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements onto or out of the major thoroughfare.

b)

All points of entrance or exit for motor vehicles shall be located no closer than two hundred (200) feet from the intersection of any two (2) streets or highways.

c)

All vehicles shall have clear vertical and horizontal sigh distance approaching a public street within one hundred (100) feet of the street for a sight distance of five hundred (500) feet in either direction along the street.

d)

Acceleration and deceleration lanes should be provided, where possible, at points of ingress and egress to the site. Left turns at entrances and exits should be prohibited on the major arterials, where possible.

e)

Whenever any use that may be permitted in this subsection abuts property within a residential or agricultural district, a transition strip at least fifty (50) feet in width shall be provided between all operations and structures, including fences, and the residential or agricultural property. Grass, plant materials and structural screens of a type approved by the planning commission shall be placed within said transition strip.

f)

A minimum yard of one hundred (100) feet shall separate all uses, operations and structures permitted herein, including fences, from any public street or highway used for access or exit purposes. This yard shall be landscaped in accordance with plans approved by the planning commission.

g)

Race tracks and drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least eight (8) feet in height. Fences shall be of sound construction, painted or otherwise finished neatly, attractively and inconspicuously.

h)

Drive-in theaters: Vehicle standing space shall be provided between the ticket gates and the street or highway right-of-way line equal to at least thirty (30) percent of the vehicular capacity of the theater.

i)

Drive-in theater picture screens shall not be permitted to face any public street and shall be so located as to be out of view from any major thoroughfare. The picture screen tower shall not exceed sixty-five (65) feet in height.

j)

For drive-in theaters, no more than two (2) advertising signs not exceeding in aggregate more than five hundred (500) square feet shall be permitted. Said signs shall only advertise the said business and shall be so located as not to obstruct traffic or vision upon any public street. In no event is any one (1) sign to exceed two hundred fifty (250) square feet.

5)

Special open space uses:

a)

The proposed site shall be at least to two (2) acres in area.

b)

The proposed site shall have at least one (1) property line abutting a major or minor arterial. All ingress and egress to the site shall be directly from said arterial.

c)

All buildings and structures shall be set back at least fifty (50) feet from any property or street line. Whenever the installation abuts upon property within a residential district, this 50-foot setback shall be landscaped with trees, grass and structural screens of a type approved by the planning commission to effectively screen the installation from surrounding residential properties.

d)

No more than twenty-five (25) percent of the gross site shall be covered by buildings.

e)

Special use permits for special open space uses shall not be transferable to third parties without application and public hearing as is provided in section 8.1.

6)

Institutions for the mentally retarded and physically handicapped, drug or alcoholic patients and camps or correctional institutions:

a)

The proposed site shall have at least one (1) property line abutting a major arterial. All ingress and egress to the off-street parking area shall be directly from the major arterial.

b)

All two-story structures shall be at least one hundred (100) feet from all boundary lines or street lines. Buildings less than two (2) stories shall be no closer than fifty (50) feet to any property or street line. For buildings above two (2) stories, the building shall be set back from the initial one (100) feet setback and an additional one-foot for each foot of additional height above two (2) stories.

c)

No more than twenty-five (25) percent of the gross site shall be covered by buildings.

d)

Ambulance and delivery areas shall be obscured from all residential view by a solid fence six (6) feet in height. Access to and from the delivery and ambulance area shall be directly from a major arterial.

e)

All signs shall be in accordance with the schedule outlined in article VI, section 6.2.3.

f)

Off-street parking space shall be provided in accordance with the schedule outlined in article VII, section 7.1 and off-street loading in conformance with article VII, section 7.2.

7)

Excavation of soil and minerals. The purpose of these provisions is to provide for use of lands which have significant mineral deposits such as gravel and sand and which if mined for such deposits under regulations of this section, insures that doing so will not constitute a hazard to the public health, safety and welfare. Also to insure that said operation will result in the reclamation of said lands so that they will be suitable for other uses upon expiration of the mining activity. (Note: Topsoil shall not be stripped, excavated or other wise removed from any premises for sale at retail or wholesale, or for any other use than on the premises on which the topsoil was originally located. This provision shall not be construed, however, to prohibit sod farm operations.)

a)

Mining and extractive procedures and regulations:

(1)

Application for a special use permit shall be made and submitted not less than thirty (30) days before any regular meeting of the Delhi Charter Township Planning Commission to be placed on the agenda for the meeting.

(2)

In addition to necessary application fees the petition will be accompanied by a professionally drawn site plan. The plans shall be drawn to a scale of 1″ = 50′ and include the production schedule for extraction and rehabilitation of the site. They shall also include a proposed final grade elevation plan and written explanation of the proposed future land use and its compatibility with the adopted Delhi Township future land use plan.

(3)

The following information shall be provided in the aforementioned plans, application or through additional documentation:

(a)

Name and address of owner(s) of land from which removal will take place.

(b)

Name and address of person, firm or corporation who will be primarily responsible for conducting the actual removal operation.

(c)

Location, size and legal description of the total site and estimated area to be mined.

(d)

The site plan shall indicate surrounding zoning and current land uses (to be indicated by the director of community development).

(e)

The roads and types of road surfaces that serve the site or will be utilized on the site.

(f)

The proposed haul route that is expected to be the predominate traffic pattern for vehicles to and from the site.

(g)

The location and size of any processing equipment and/or structures.

(h)

Proposed method of removal and general description of equipment to be utilized.

(i)

Estimated length of time to complete operations.

(j)

Estimated area in acres from which excavation will take place in the first year of operation and successive years to completion.

(k)

A detailed plan of drainage on and away from area subject to mining, showing directional flow of water in drainage ways, natural watercourses and streams, intermittent and flowing, including any points of discharge.

(l)

Describe the general ground water conditions and the visible impact of mining operation upon adjacent ground water levels and quality. The operator must identify plans to alleviate possible problems in the ground water supply to adjacent landowners.

(m)

Specify the disposal plan for human excreta or domestic, commercial or industrial wastes.

(4)

Before a special use permit is issued, the petitioner shall submit:

(a)

A final site plan for approval by the planning commission.

(b)

A detailed plan of operation for stripping topsoil and overburden, stockpiling, excavating and rehabilitating. Details shall include depths of cuts and fills and the type of fill, if any is proposed.

(c)

Financial guarantees shall be furnished the township prior to the issuance of a special use permit to insure proper rehabilitation and reclamation in accordance with the provisions of this Ordinance; in the amount of two thousand five hundred dollars ($2,500.00) per acre to be mined in the total project over the life of the permit. In determining the area for which guarantees must be supplied, the following shall be included:

1.

Any area stripped of topsoil or overburdened.

2.

Area from which material is extracted.

3.

Area utilized for stockpiling extracted material, overburden and topsoil.

4.

Any area which from a past year of operations has not been fully rehabilitated on the annual anniversary of the issuance of the special use permit.

(d)

In no event shall a financial guarantee be less than thirty thousand dollars ($30,000.00) in amount.

1.

Financial guarantees shall be in one of the following forms:

- Cash or Certificate of Deposit (C.D.).

- Certified check.

- Irrevocable bank letter of credit.

- Corporate surety bond of a licensed insurance company.

2.

Said guarantee shall remain in effect and be supplied until such time as it is determined by official inspection that the acreage it guarantees is rehabilitated and the release of the bond or any portion thereof shall require formal planning commission and the board of trustees approval.

3.

In addition to the above guarantee, a cash fund in the amount of one thousand five hundred dollars ($1,500.00) plus twenty-five dollars ($25.00) per acre for the first year and one thousand dollars ($1,000.00) for each subsequent year of operation shall be deposited with Delhi Township for special fees, inspection costs, engineering fees for site plan review, or other costs incurred by Delhi Township in assuring compliance with the special use permit. These funds shall be held in escrow by Delhi Township until such time as fees, inspections, or costs will no longer be incurred as a result of the issuance of said special use permit. Any funds not spent for designated purposes are to be refunded to developer upon completion of rehabilitation.

b)

Site development requirements:

(1)

Setbacks in which no part of mining operation may take place, excepting ingress and egress shall be as follows:

(a)

A setback of not less than seventy-five (75) feet from any road right-of-way bounding the site.

(b)

A setback of not less than fifty (50) feet from any lot line common to undeveloped property and seventy-five (75) feet from lot lines common to residentially zoned land. However, more strict requirements may be specified in order to give substantial support to surrounding property where soil or geographic or geological conditions warrant it.

(c)

The setback requirements may be reduced when there is approval in writing of the adjoining property owners, when such will enhance the residual value and reclamation of the total project.

(2)

Screening: Fixed machinery or structures exceeding thirty (30) feet in height shall be screened from view by use of berms and planting as evaluated at site plan review.

Where structures exceed the aforementioned height plans detailing the method, location, sizes and types of plant materials shall be required.

(3)

Fencing shall be required around the perimeter of the site area being worked at any one time and shall consist of a four-foot woven wire or equivalent fence and barbed wire (total five (5) feet). The work area enclosed by said fencing shall be provided with gates at any point of ingress or egress which shall be secured at anytime the site is not open for business. Fencing shall be maintained until rehabilitation is completed.

(4)

Posting the aforementioned fence enclosing any mining operation shall be posted at a minimum of two hundred-foot intervals by durable, weather proof signs not less than two (2) square feet in size with a minimum of two-inch lettering, containing the following in large print: NO TRESPASSING.

(5)

At no time shall slopes on previously excavated areas outside the fenced working area to be left at greater than thirty (30) degrees pending rehabilitation. And no finished grade shall exceed 3 in 1, three (3) feet horizontal to one-foot vertical respectively.

(6)

Erosion: All slopes shall be adequately seeded and/or planted with appropriate vegetation such as trees to prevent erosion.

Said reestablishment of vegetation of abandoned slopes and areas shall take place progressively as outlined in the production plans on file and shall be accomplished prior to the renewal of the special use permit for the successive year of operation. To insure the permanence of the reestablished vegetation of rehabilitated areas, the permit holder will be released from such care and maintenance only after inspection approval of the zoning official or other duly authorized representative of the planning commission.

(7)

Noise: Equipment for the processing, crushing, sorting, washing, loading and transporting of mineral material shall emit noise not louder than sixty (60) decibels measured at any occupied dwelling. Berming or screening may be required by the planning commission to provide additional noise buffering to the neighboring properties.

(8)

Hours of operation: Mineral removal, processing and transport operations and activities shall commence no earlier than 7:00 a.m. and shall cease no later than 7:00 p.m. on weekdays of Monday through Friday. Saturday operations will be allowed during the construction season of May 1 through November 30, with operations commencing no earlier than 7:00 a.m. and shall cease no later than 5:00 p.m. No hours of any type of operation shall take place at any time during Sundays or legal holidays (such holidays are determined to be Christmas Day, New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, and Labor Day). Crushing operations shall not commence any earlier than 7:00 a.m. and shall cease no later than 6:00 p.m. on weekdays of Monday through Friday and shall not be allowed on Saturdays, Sundays, and legal holidays.

(9)

Dust:

(a)

Dust generated by sand mining activities and vehicle movement shall be controlled by the application of a Department of Natural Resources and/or Ingham County Health Department approved dust treatment, which is biodegradable and non-toxic, or by other approved means. This section shall apply to any operations on site and the use of any access roads which are unpaved.

(b)

Each operator shall keep the public roads at entrance to and from property clean on a daily basis or as required by the Ingham County Road Commission.

(10)

Permitted installations: Shall be maintained in a neat and orderly condition.

(11)

Topsoil: Shall be placed to a depth of four (4) inches in establishing finish contours for rehabilitation. The removal and sale of topsoil is specifically prohibited, except as recommended by the planning commission and approved by the township board.

(12)

Permits to extract minerals shall be granted for a specific number of years based on anticipated length of project and shall be reviewed annually and shall be subject to review of past performance and verification that operations have been conducted according to the requirements of this chapter and the approved plans. Site operations shall be open to inspection at all times and as often as necessary to assure compliance. Any costs incurred for special inspections, consultant fees or special studies made to ensure compliance with the special use permit shall be paid from the one thousand dollars ($1,000.00) per year cash fund required in item (4)(d)3. above. In the event such review determines that there has not been compliance with the terms of the permit, such permit shall lapse until such time as compliance is completed.

(13)

The developable land, upon completion of mining operations, shall have a depth above seasonal high groundwater level of not less than six (6) feet or original depth.

(14)

Any extension of operations beyond the limits applied for and approved under the permit shall require additional approval of the planning commission.

(15)

Permits to extract minerals shall be nontransferable.

(16)

A special inspector/consultant may be hired by the township to ensure compliance with this special use permit. Inspection costs shall be paid from the cash fund required in item (4)(d)3. above.

(17)

Any additional safeguards or guarantees may be required by the planning commission and/or township board of trustees to protect the health, welfare and safety of the residents of Delhi Township.

(18)

Special use permits for any excavation of soil and minerals shall not be transferable to third parties without application and public hearing as is provided in section 8.1.

8)

Adult motion picture theaters; bookstores; massage parlors:

a)

Purpose. The purpose and intent of this section is to regulate the location of, but not exclude, adult bookstores, adult motion picture theaters, adult mini-motion picture theaters and massage parlors in the township by preventing the concentration of such uses in one area. This regulation is done with the understanding that the township recognizes that there are some uses which, because of their nature, have serious, objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a deleterious effect upon adjacent resident and commercial areas. The township recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of a surrounding residential neighborhood.

b)

Location of uses. No building or land, and no building hereafter erected, converted or structurally altered, shall be used as an adult bookstore, adult motion picture theater, adult mini-motion picture theater or massage parlor within four hundred (400) feet of the property line of any residentially zoned district as defined in this zoning ordinance or within two thousand six hundred forty (2,640) feet of any public school or public facility or religious site of assembly, worship and school. No adult bookstore, adult motion picture theater, adult mini-motion picture theater or massage parlor shall be located within one thousand two hundred (1,200) feet of any other establishment known as an adult bookstore, adult motion picture theater, adult mini-motion picture theater or massage parlor.

c)

Definitions as used in this section:

(1)

"Adult bookstore" means an establishment which excludes minors, as defined in MCL 722.51 et seq. and has, as a substantial or significant portion of its stock in trade, books, periodicals, magazines, pamphlets, pictures, photographs, sexual paraphernalia, motion picture films and/or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to nudity, sado-masochistic abuse or sexual conduct.

(2)

"Adult motion picture theater" means an establishment, whether in a completely enclosed building or not, which excludes minors, as defined in MCL 722.51 et seq. and offers, for admission fee, membership fee or other valuable consideration, the viewing of motion picture films, pictures or photographs which are distinguished or characterized by their emphasis on nudity, sado-masochistic abuse or sexual conduct, during more than twenty-five (25) percent of its operating hours. (If a drive-in theater, compliance must also be made with section 8.6.3(4).

(3)

"Adult mini-motion picture theater" means an enclosed building or any portion of a building from which minors, as defined in MCL 722.51 et seq. are excluded, and which is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual conduct, nudity or sado-masochistic abuse, by any means of display, including, without limitation, by motion picture, mechanical amusement devises, television (including videotape or closed circuit) or live performances for observation by patrons therein.

(4)

"Massage parlor" means any establishment which offers services in the form of massages, health rubs, rub downs, stress stroking, or other forms of manual manipulation, singly or in combination, to club member or to the public for charge. "Massage Parlor" does not include:

(a)

Activities in hospitals, nursing homes, medical clinics, or the office or quarters of physicians, surgeons, chiropractors or osteopaths;

(b)

Exercise clubs exclusively for members or clientele where the services do not include any form of massage;

(c)

Exercise or health clubs or health spas where aerobic physical fitness and physiologic muscle joint improvement activities occupy ninety (90) percent of the program and also concurrently uses massage therapy as a form of physical therapy administered by a certified and licensed therapist;

(d)

Barbershops and/or beauty parlors.

(5)

"Nudity" means uncovered or less than opaquely covered post-pubertal human male or female genitals, pubic area, buttocks, or female breasts below a point immediately above the top of the areola.

(6)

"Offered for sale" means offered in exchange for money, membership fee or any other valuable consideration.

(7)

"Sado-masochistic" means flagellation or torture by or upon a human.

(8)

"Sexual conduct" means any of the following actual or simulated acts of: human sexual intercourse (homosexual or heterosexual), human or animal masturbation, bestiality, fellatio, cunnilingus, human excretory functions, homosexuality, or lesbianism.

9)

Child care establishments and foster care:

a)

Intent of provisions: It is the intent of this Ordinance to provide for healthy and safe child care and foster care establishments in Delhi Charter Township; to reduce the negative effects between incompatible land uses; and to ensure that child care and foster care establishments are licensed by the State of Michigan. All requirements of the State of Michigan with regards to required areas, staff and care of children shall be complied with. A failure to comply with any state requirement shall constitute a violation of this Ordinance.

b)

Definitions:

(1)

Family day care or home child care—Care facility accommodating six (6) or less children or adults. Family day care or home child care establishments are permitted by right in any residential zoning district and in the A-1: Agricultural zoning district.

(2)

Group day care facility, foster family home—Child care or adult care facilities that accommodates between seven (7) and twelve (12) children or adults are permitted subject to the special conditions listed in section 8.6.3(9)(c)(2) below in any residential zoning district and the A-1: Agricultural zoning district. Foster family homes shall mean an establishment which provides interim care to adults. A foster family home is not a nursing home.

(3)

Child care centers, foster care center—Child care or adult foster care facility which accommodates thirteen (13) or more children or adults are permitted by special use permit subject to section 8.6.3(9)(c)(3) below:

c)

Regulations: Child care and adult foster care establishments shall be permitted as provided below:

(1)

Family day care or home child care facilities shall be permitted by right in all residential districts subject to the following provisions:

(a)

Such uses shall be duly licensed by the appropriate state agency. Proof of compliance with state licensing requirements must be submitted to the director of community development.

(b)

Buildings and lots so used shall conform to all state and local code requirements.

(c)

All dimension requirements stipulated in the zone in which the family day care or home child care facility is proposed, including maximum lot coverage, shall apply.

(2)

Group day care facilities and/or foster family homes shall be permitted in all residential districts and the A-1 Agricultural District, subject to the conditions listed below. Such uses shall be subject to the same provisions as family day care or home child care facilities as listed above. Additionally, the following provisions must also be met.

(a)

The group day care and/or foster family home use must be incidental to the residential use.

(b)

The indoor ratio of child care providers to children, as required by the State of Michigan, must be maintained in outdoor play areas as well, when children are outside. Additionally, outdoor play times must be supervised in such a manner that the noise level is not unreasonably disruptive to adjacent properties within fifty (50) feet of the play area.

(c)

Fencing must be provided around all outdoor play areas and open recreational space per the requirements of section 6.2.4 of the Zoning Ordinance. Fencing, gates and latching mechanisms must be of a type sufficient to prevent unauthorized access by outsiders to the play area and to prevent children in care from leaving the area without appropriate supervision.

(d)

Outdoor play areas shall be appropriately landscaped with plant selections that are nonpoisonous and/or hazardous. Play equipment and play structures shall be setback a minimum of ten (10) feet from any property line.

(3)

Child care centers and foster care centers shall be permitted in Commercial Districts, Agricultural (A-1), and Rural Residential (R-1A) Districts by special use permit. They are not permitted in any Industrial District or any Residential District, except R-1A. The permit will require that:

(a)

All such child care centers and adult foster care establishments shall comply with existing state law with regard to barrier free access.

(b)

All such child care centers and adult foster care establishments shall be duly licensed by the appropriate state agency.

(c)

Buildings and lots shall conform to all state and local code requirements.

(d)

Contiguous open space (play area) shall be a minimum of one thousand two hundred (1,200) square feet. Contiguous open space (play area) shall be provided exclusive of front yard, side yard, driveway and parking areas.

(e)

Fencing must be provided around all play areas and open recreational space per the requirements in section 6.2.4 of the Zoning Ordinance. Fencing, gates and latching mechanisms must be of a type sufficient to prevent unauthorized access by outsiders to the play area and to prevent children in care from leaving the area without appropriate supervision.

(f)

Open recreational space and play areas shall be screened with a type C buffer, as outlined in the section 6.10 of this Ordinance.

d)

Additional requirements:

(1)

Day nurseries, nursery schools or pre-schools shall meet the same requirements as child care centers.

(2)

All other applicable ordinance requirements, including, but not limited to, parking, signage and landscaping, must be complied with at all times.

10)

Utility grid wind energy system, on-site use wind energy system over twenty (20) meters high, and anemometer towers over twenty (20) meters high. An utility grid wind energy system, on-site use wind energy system over twenty (20) meters high, and anemometer towers over twenty (20) meters high shall meet the following standards in addition to the general special use standards in section 8.1 of this Ordinance.

a)

Property setback:

(1)

Utility grid, on-site use wind energy system and anemometer tower setback shall be the greater distance of the following:

(a)

The setback from property lines of the respective zoning district;

(b)

The setback from the road right-of-way; and

(c)

A distance at least equal to the height of the tower from the property lines or from the lease unit boundary, whichever is less.

(2)

An operations and maintenance office building, a substation, or ancillary equipment shall comply with any property setback requirement of the respective zoning district. Overhead transmission lines and power poles shall comply with the placement requirements applicable to public utilities.

b)

Sound pressure level: The sound pressure level shall not exceed 55dB(A), measured at the property lines or the lease unit boundary, whichever is farther from the source of the noise. This sound pressure level shall not be exceeded for more than three (3) minutes in any hour of the day.

c)

Safety:

(1)

Utility grid wind energy system, on-site use wind energy system over twenty (20) meters high, and anemometer towers over twenty (20) meters high shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personal are not present.

(2)

All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site.

(3)

A sign shall be posted near the tower or operations and maintenance office building that will contain emergency contact information. Signage shall be placed at the road access shall will be used to warn visitors about the potential danger of falling ice.

(4)

The minimum vertical blade tip clearance from grade shall be twenty (20) feet for a wind energy system employing a horizontal axis rotor.

d)

Post construction permits, construction codes, towers and interconnection standards: Utility grid wind energy system, on-site use wind energy systems over twenty (20) meters high, and anemometer towers over twenty (20) meters high shall comply with all applicable state construction and electrical codes and local building permit requirements.

e)

Pre-application permits:

(1)

Other regulations: Shall comply with Federal Aviation Administration (FAA) requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, as amended, MCL 259.431 et seq.), and the Michigan Tall Structures Act (Public Act 259 of 1959 as amended, MCL 2595.481 et seq.). The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. Utility grid wind energy system shall comply with applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission Interconnection standards.

(2)

Environment:

(a)

The site plan and other documents and drawings shall show mitigation measures to minimize potential impacts on the natural environment including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites, and antiquities, as identified in the environmental impact analysis.

(b)

Comply with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Act 451 of 1994, MCL 324.101 et seq.) including, but not limited to the following:

i)

Part 31 Water Resource Protection (MCL 324.3101 et seq.);

ii)

Part 91 Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.);

iii)

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

iv)

Part 303 Wetlands (MCL 324.30301 et seq.);

v)

Part 323 Shoreline Protection and Management (MCL 324.32301 et seq.);

vi)

Part 325 Great Lakes Submerged Lands (MCL 324.32501 et seq.);

vii)

Part 353 Sand Dunes Protection and Management (MCL 324.35301 et seq.).

f)

Utilities: Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All above ground lines, transformers, or conductors should comply with the Avian Power Line Interaction Committee published standards to prevent avian mortality.

g)

The following standards apply only to utility grid wind energy systems:

(1)

Visual impact: Utility grid wind energy system projects shall use tubular towers and all utility grid wind energy systems in a project shall be finished in a single nonreflective matte color. A project shall be constructed using wind energy systems of similar design, size, operation and appearance throughout the project. No lettering, company insignia, advertising or graphics shall be on any part of the tower, hub or blades. Nacelles may have lettering that exhibits the manufacturer's and/or owner's identification.

(2)

Avian and wildlife impact: Site plan or other documents and drawings shall show mitigation measures to minimize potential impacts on avian and wildlife, as identified in the avian and wildlife impact analysis.

(3)

Shadow flicker: Site plan or other documents and drawings shall show mitigation measures to minimize potential impacts from shadow flicker, as identified in the shadow flicker impact analysis.

(4)

Decommissioning: A decommissioning plan indicating the following, will be submitted for approval by the planning commission:

(a)

The anticipated life of the project.

(b)

The estimated decommissioning costs, net of salvage value in current dollars.

(c)

The method of ensuring that funds will be available for decommissioning and restoration.

(d)

The anticipated manner in which the project will be decommissioned and the site restored.

(5)

Complaint resolution: A planning commission approved process to resolve complaints from nearby residents concerning the construction or operation of the project.

(6)

Electromagnetic interference: No utility grid wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antennae for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. No utility grid wind energy system shall be installed in any location within the line of sign of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant.

(Ord. No. 39.55, 4-5-94; Ord. No. 39.67, 6-3-97; Ord. No. 39.69, 11-18-97; Ord. No. 39.71, 12-16-97; Ord. No. 39.77, 10-6-98; Ord. No. 39.80, § 3, 2-2-99; Ord. No. 39.104, 1-20-04; Ord. No. 39.127, 6-19-07; Ord. No. 39.155, § XV, 2-16-10)

8.7.1 Intent and purpose. In accordance with Public Act 177 of 2001, (the Open Space Preservation Act), an applicant may choose to utilize the provisions of this section for residential development in zoning districts R-1A, R-1B, A-1, and in any circumstances where the requirements of this section create a density equivalent to:

- Two (2) or fewer dwelling units per acre; or

- Three (3) or fewer dwelling units per acre if the land is served by a public sewer system.

The open space option is designed as a special use overlay option to provide for an environmental choice for Delhi Charter Township by encouraging creativity and flexibility of low to medium density residential design, diversity of building types, open space arrangements and environmental preservation.

The open space option project is intended to accomplish the following within the R-1A, R-1B, and A-1 districts, and where the densities stated within PA 177 are accommodated.

1)

Result in a more efficient development pattern with shorter streets and utility networks.

2)

Preserve existing natural assets, such as stands of trees, floodplains, and open spaces.

3)

Accomplish a more desirable residential environment than would be possible through the strict application of minimum requirements of the Zoning Ordinance.

4)

Such development may consist of individual lots or common building sites. Common land and open space are essential elements of the plan related to affecting the long-term aesthetic and economic values of the entire development.

5)

Provide for planned living environments that enhance the residential stability and economic base of the Delhi Charter Township through the application of the special use permit process.

The provisions of the following sections provide enabling authority and standards for the submission, review and approval of applications for special land uses in article VIII.

8.7.2 General requirements.

1)

Must provide access to a road under the jurisdiction of Ingham County with a right-of-way width that is a minimum of sixty-six (66) feet or have vehicular access approved through section 3.3.3 (Site plan review).

2)

The entire site must not exceed the stated land use(s) and density requirements of the district in which the property is located.

3)

The principal permitted use shall be low to medium density residential and can be provided in a variety of development configurations as regulated by this section.

4)

The proposed density shall not exceed the density of the zoning district in which the project is located. If the site contains wetlands, floodplain, natural vegetation, and/or surface water areas that are required to be preserved, these areas shall not be included in the computation of density for the project unless, in the opinion of the planning commission, it can be shown that they can be made an integral and useable part of the proposed development.

8.7.3 Approval process. Submission, review, and recommendation on an open space option project shall be subject to the following three-step process:

1)

Pre-application conference. Prior to submission of an application for this special use option, the applicant shall meet with the director of community development and appropriate staff to outline the fundamental elements of the proposed development (location, acreage, residential density, building types, specific uses, open space and natural features and proposed circulation). The applicant shall receive at the pre-application conference an explanation of ordinance requirements, procedures, and estimated time lines.

2)

Preliminary development concept. Prior to setting a public hearing on the open space option application, the planning commission shall review and comment on the preliminary development concept for the proposed open space option project. The intent of the planning commission review is to provide as much feedback as possible to the applicant prior to the official public hearing as required under article VIII.

Prior to the planning commission's review of a preliminary development concept, the following information shall be submitted:

a)

Evidence of ownership or equitable interest in the proposed site of the open space option project.

b)

Legal description and general location.

c)

Fifteen (15) copies of a parallel plan and a conceptual site plan for the proposed development that contains the following information:

- Readable scale.

- Existing zoning of the site and adjacent properties.

- Existing land use of the site and adjacent properties.

- Location of proposed structures, parking areas, and open space.

- Development summary data (acres, units).

- General descriptions of water, sanitary and storm drainage systems including storage basins.

- Identification of existing natural features of the site and location of specific wetland area.

- Description of proposed landscape features, buffers, and pedestrian circulation system.

- Identification of existing and proposed easements.

- Identification of existing and proposed public and private rights-of-way.

- Other information as may be required by Delhi Charter Township Planning Commission or the director of community development.

d)

Description of development ownership, proposed ownership form for residential components, means of preserving open space, and proposed maintenance concept.

3)

Final development plan. The final development plan for a proposed planned unit development shall meet the requirements of section 3.3.6 of the Delhi Charter Township Zoning Ordinance and shall meet the following additional requirements:

a)

The application and all supportive materials shall be submitted at least thirty (30) days prior to the scheduled public hearing for the open space option project.

b)

The application and supportive materials shall contain a site plan that contains the information submitted for the preliminary development plan plus the following information:

- Meets the requirements of section 3.3 (Site plan review).

- Indicates engineering recommendations for water, sanitary sewer, storm drainage, natural gas, electric and telephone systems.

- Indicates recommended road alignments, existing contours and proposed topographic data.

- Indicates soil erosion and sedimentation control procedures.

- Detailed landscape plans.

- Provides a specific schedule of the proposed development, including open space provision, common use areas, utilities, and landscaping requirements.

c)

The provision of studies that may be required by the township, at the applicant's expense, that address issues such as, but not limited to, traffic circulation and safety, utility systems and environmental impact.

d)

The final development plan shall meet the requirements of the development standards as established in section 8.7.4.

8.7.4 Development standards.

1)

The open space option project shall not be greater than the density allowed for the underlying residential zoning district(s). The number of dwelling units allowable within an open space option project shall be determined in the following manner:

Parallel plan:

The applicant shall prepare, and present to the planning commission for review, a detailed parallel design plan for the project. For single family residential projects, this plan shall comply with state and township requirements and design criteria for a tentative preliminary subdivision plat, fully consistent with Public Act 288 of 1967 (Land Division Act), as amended, and the Township subdivision control regulations. The parallel plan shall represent an approvable design incorporating all of the township's adopted development standards. This plan shall include all information as required by the procedures stated in section 3.3. The planning commission shall review the design and, based upon typical review criteria, determine the maximum number of lots or residential dwelling units that could be feasibly constructed following the parallel design. This number, as approved by the planning commission, shall become the maximum number of dwelling units allowable within the site.

2)

The project shall not contain any additional dwelling units than would feasibly be allowed on the same parcel of land without the exercise of this option.

3)

The open space option projects shall meet the flood hazard area regulations as described in section 6.6.

4)

The open space option project shall be subject to the site plan review requirements of section 3.3.

5)

The open space option project shall be subject to the regulation of signage as described in section 6.9.

6)

The open space option project shall be subject to the following design, performance objectives:

a)

Yard, setback, lot size, type of dwelling unit, height, and frontage requirements restrictions are waived for the open space option project; provided, however, that the spirit and intent of this section, as defined in the purpose clause, are incorporated within the total development plan. The planning commission may determine that bulk and area requirements be established within all or a portion of the perimeter of the site, and shall determine the suitability of the total development plan in accordance with the purpose clause of this section.

b)

Access: Every structure or dwelling unit shall have access to a public or private street, or other areas dedicated to common use.

c)

Land usage: The approximate location of structures, shown on the conceptual development plan, shall be so arranged as not to be detrimental to existing or proposed structures within the development or surrounding neighborhood.

d)

Privacy: Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise.

e)

Off-street parking: Parking convenient to all dwelling units and other uses shall be provided pursuant to the minimum requirement of article VII of this Ordinance. Common driveways, parking areas, walks and steps may be required together with appropriate lighting, in order to assure the safety of the occupants and the general public. Screening of parking and services areas may be required through use of trees, shrubs, hedges or screening walls.

f)

Development concept: All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. Arrangement of buildings shall be done in such a way to utilize natural topography, existing vegetation and views within and beyond site.

g)

Utilities: An open space option project shall, where feasible, provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for construction of storm sewer facilities including grading, gutters, piping, and treatment of turf to handle storm water, and to prevent erosion and the formation of dust. This will include the establishment of retention basins in order to minimize storm water runoff per requirements of the Ingham County Drain Commission.

h)

Pedestrian circulation: The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from vehicular movement.

i)

Planting: The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; additional new landscaping shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.

j)

Density: The density (dwelling units per acre) in an open space option project shall not exceed the net density of the zoning district in which it is located as shown and approved by the planning commission on the parallel plan.

k)

Density, gross means a numerical figure that equals the total number of dwelling units on a parcel divided by the total number of acres included in the parcel.

l)

Density, net means a numerical figure that equals the total number of dwelling units on a parcel divided by the total number of acres included in the parcel, excluding any parcel area owned by a governmental entity, used as a private street.

m)

Open space is defined as parcel or parcels of land or an area of water or combination of land and water designed and intended for the use or enjoyment of the residents of the open space option project. "Open space" does not include proposed street rights-of-way and open parking area. The area of open space within an open space option project may not be less than fifty (50) percent of the land. The open space area will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land. All open space shown on the final site plan must be reserved or dedicated by lease or conveyance of title to a homeowners association or other legal entity, or by reservation by means of a restrictive covenant. The terms must include provisions guaranteeing the continued use of such land for the purposes intended and for continuity of proper maintenance of those portions of the open space land requiring maintenance. Open space may be dedicated to the public at large if agreed upon by the township board. Open space shall not include a golf course.

7)

Circulation facilities: The arrangements of public and common ways for pedestrian and vehicular circulation shall be coordinated with other existing or planned streets in the area.

8)

In the event that public water and sewer facilities shall be available or shall be provided as part of the development, ownership and operation of the services shall be subject to review and approval by the township. Ownership and operation shall be dedicated to the township.

9)

The open space option project's landscape plan shall meet the requirements of section 6.10 (Landscape plan).

10)

The open space option project may be developed in stages or phases, but must receive conceptual approval for future stages within a time frame found acceptable to the planning commission. A final site plan review and approval are required prior to construction of each state or phase.

11)

Initial construction on the first phase of the project must begin within two (2) years of approval from the township or the entire site shall be subject to a new application.

12)

In the opinion of the director of community development, amendments to the approved open space option project that increase the intensity of use or increase the impact on adjacent properties must be resubmitted to the planning commission for review and approval.

13)

Private ownership of streets may be allowed, but all streets must meet the design and construction standards of the subdivision control ordinance and the Ingham County Road Commission.

14)

Financial guarantees may be required by the planning commission or the director of community development in the form of a cash deposit, certified check, bond, or other financial guarantee acceptable to the township to ensure compliance with such requirements as infrastructure, drives, walks, parking, landscaping or other features of the development. The financial guarantee shall be deposited with the township at the time of issuance of the permit authorizing the project or activity. The township may release portions of the guarantee as work is completed on the project or activity.

15)

The applicant shall establish an escrow account with the township at a date to be established by the township to cover such additional review costs as engineering, legal, or other professional assistance as may be required.

16)

Upon approval of the open space option project, the applicant shall develop with the township a development agreement to assure that all of the customary municipal improvements required by existing ordinances and regulations will be properly made and that funds will be made available by the applicant to assure the installation of certain site improvements prior to any permits being issued.

8.7.5 Previous planned unit developments. Any planned unit development or open space option project approved prior to (date) may be completed consistent with the approved concept and previous approvals subject to the time frame approved by the planning commission. Changes to approved concept plans, site plans or time frames for these projects shall be subject to review and approval as a special land use per article VIII.

(Ord. No. 39.60, 8-1-95; Ord. No. 39.62, 12-5-95; Ord. No. 39.69, 11-18-97; Ord. No. 39.102, 4-20-04)