Dexter City Zoning Code
ARTICLE XV
Environmental Provisions
§ 65-15.01 Purpose.
Environmental standards are established in order to preserve the short-term and long-term environmental health, safety, and quality of the City of Dexter. Any use that does not conform to the environmental standards set forth in this article shall be prohibited.
§ 65-15.02 Performance standards.
No parcel, lot, building, or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises provided that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards:
A.
Fire hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
B.
Airborne emissions.
1.
Smoke and air contaminants. It shall be unlawful for any person to permit the emission of any smoke or air contaminant from any source whatsoever to a density greater than that permitted by applicable Federal and State Clean Air Standards. There shall not be discharged from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, or nuisance to the public; or which endanger comfort, repose, health, or safety of persons; or which cause injury or damage to business or property.
2.
Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.
3.
Gases. The escape or emission of any gas that is injurious, destructive, or harmful to persons or property, or explosive, shall be unlawful and shall be abated.
C.
Noise. Noise restrictions are provided in § 18-61 of the City of Dexter Codified Ordinances.
D.
Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
E.
Glare. No direct or reflected glare shall be permitted which is visible from any property, or from any public road, road, or highway.
F.
Radioactivity or electrical disturbance. No activity shall emit dangerous radioactivity at any point, or unreasonable electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
G.
Hazardous uses. Any activity defined as a hazardous use, as defined in Article II, shall abide by the following standards:
1.
Areas storing hazardous substances must be designed to prevent spills and discharges to the air, surface of the ground, stormwater system, groundwater, lakes, streams, rivers, or wetlands.
2.
Secondary containment for above ground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for maximum anticipated time necessary for the recovery of any released substance.
3.
General purpose floor drains shall be allowed only if they are authorized to be connected to a public sewer system, an on-site holding tank, or a system authorized through a state groundwater discharge permit.
4.
State and federal requirements for storage, spill prevention, records keeping, emergency response, transport, and disposal of hazardous substances shall be met. No discharge shall be allowed without required permits and approvals.
§ 65-15.03 Preservation of environmental quality.
The preservation of enhancement of natural features is essential to maintaining the City of Dexter's character, ecological diversity and stability, economic well-being, and quality of life. For purposes of this section, "natural features" shall include wetlands, watercourses, floodplains, woodlands and trees, steep slopes, threatened or endangered species habitats, and ground water recharge areas. When natural features exist on a site proposed to be developed, the applicant shall do the following:
A.
Federal, state, and local permits. Development in or affecting natural features may be regulated by the federal, state, county, or City governments, and require licenses, permits or approvals. Permits and approvals required by the City of Dexter shall not relieve a person from obtaining applicable permits or approvals from other relevant jurisdictions. Similarly, obtaining permits from the federal, state, or county government does not relieve a person from obtaining the required permits from the City of Dexter.
B.
Applicable for parcels five acres or larger.
1.
For property five acres or larger in any zoning district, none of the following natural features shall be obstructed, removed, altered, transformed, or otherwise impacted in any way at any time by any person unless as part of an approved site plan as provided in Article XXI, Site Plan Review:
a.
Area, water level, vegetation, edge, bank, shore, or natural condition of a river, stream, watercourse, drainageway, lake, or pond, whether filled or partially filled with water or dry in certain seasons.
b.
Area, water level, vegetation, or natural conditions of a marsh, swamp, or wetland.
c.
Living tree(s) in any wooded lot, grove, bush, park, wooded area, or forested land.
d.
Land having a slope of 12% or greater.
2.
If such person wishes to obstruct, remove, alter, transform, or otherwise impact the natural features in Subsection B.2.a through d above on a parcel five acres or larger, they must submit a site plan to the Planning Commission containing the information described in Subsections C and D below. If approved, any such alterations shall be made in conformance to applicable local, state, and federal requirements.
C.
Natural features impact statement. As part of the site plan review process, the applicant is required to determine if natural features exist on the site, and within 100 feet of the site. If one natural feature is determined to exist on a site, then the Zoning Administrator shall require the applicant to submit a Natural Features Impact Statement containing the following information:
1.
Site inventory map clearly showing locations and types of natural features both on-site and those within 100 feet beyond the property lines. For natural features beyond the property lines, aerial photographs and publicly available data and maps may be used. The drawing shall delineate:
a.
Edges of woodlands and description of plant community type.
b.
Landmark trees identified and labeled on the plans and in an accompanying table showing corresponding species, size, and condition data for individual trees. Trees on the site must be tagged in the field and tag numbers shown on the site inventory map.
c.
Edges of wetlands, watercourse stream banks, ordinary high-water marks of water features, floodways, floodplains, areas of hydric soils, highly permeable soils, and groundwater recharge areas.
d.
Steep slopes.
2.
Written description that illustrates the quality, character, and health of the natural features.
D.
Natural Feature Protection Plan. In addition to the Natural Features Impact Statement, the applicant shall provide a Natural Features Protection Plan as part of the site plan review process, showing:
1.
Natural features that are excluded from the development.
2.
Natural features that are to be retained as part of the development, and the measures taken to sustain the natural features.
3.
Landmark trees, as defined in § 65-6.05B, to be retained, in compliance with § 65-6.16, Tree protection during construction.
§ 65-15.04 Wetland protection.
The City of Dexter intends to promote compliance with Part 303 Wetlands Protection, of the Natural Resources and Environmental Protection Act of 1994, Public Act 451 as amended.[1] The City encourages placement of buildings to protect Michigan Department of Environment, Great Lakes and Energy (EGLE) regulated wetlands and nonregulated wetlands between two acres and five acres in size. The City intends to ensure important wetlands are preserved, to prevent the mistaken elimination of regulated wetlands and to promote the goals of the Dexter Master Plan.
A.
Any disturbance of soils, removal of landmark trees or stumps, grading, alteration of water flowing into or from an EGLE regulated wetlands, or any prohibited activity as listed in Section 5 of Public Act 203 of 1979, without a permit from the EGLE, may result in a stop-work order issued by the City and/or require restoration of the wetland in accordance with EGLE standards.
B.
Judicious effort shall be made through site plan design to preserve wetlands not protected by EGLE, which exceed two acres in size, particularly those with standing water or considered to be important wildlife habitat.
C.
Where stormwater is planned to drain into a wetlands, the standards of § 65-15.05D shall be met.
D.
Land shall not be subdivided in a manner creating property or lots which cannot be used in conformance with the requirements of this section or the EGLE regulations.
[1]
Editor's Note: See MCL 324.30301 et seq.
§ 65-15.05 Stormwater management.
A.
Purpose. Efforts shall be made to preserve water features (including natural wetlands and watercourses) in a natural state, and to avoid stormwater and sedimentation discharge that may damage these features.
B.
Stormwater drainage/erosion control.
1.
All stormwater drainage and erosion control plans shall meet the standards of the City of Dexter and shall, to the maximum extent feasible, utilize non-structural control techniques, including, but not limited to:
a.
Limitation of land disturbance and grading.
b.
Maintenance of vegetated buffers and natural vegetation.
c.
Use of terraces, contoured landscapes, run-off spreaders, grass, or rock-lined swales.
d.
Use of infiltration devices.
2.
Best management practices to reduce stormwater runoff and erosion, such as rain gardens and pervious surfaces, are encouraged.
C.
General standards.
1.
Sites shall be designed and managed utilizing low impact development techniques to emulate the natural water cycle and maintain local and regional hydrologic patterns. The Low Impact Development Manual for Michigan, published by the Southeast Michigan Council of Governments (SEMCOG) provides guidance for the designer and developer.
2.
Stormwater management systems shall be designed to prevent flooding and the degradation of water quality related to stormwater runoff and soil erosion from proposed development.
3.
All new development and redevelopment of properties shall include on-site storage of stormwater. Facilities shall be designed to provide a volume of storage and discharge rate which meets City standards.
4.
Priority shall be placed on site design which maintains natural drainage patterns and watercourses. Alterations to natural drainage patterns shall not create flooding or degradation of water quality for adjacent or downstream property owners.
5.
The use of swales and buffer strips vegetated with desirable native materials is encouraged as a method of stormwater conveyance so as to decrease runoff velocity, allow for bio-filtration, allow suspended sediment particles to settle and to remove pollutants. Tolerance for water saturation, sunlight, pesticides, metals, and salts shall be required in determining appropriate plantings in these areas.
6.
Where large amounts of grease and oil may accumulate, as in the case of commercial/industrial developments, and large areas of impervious surfaces for parking, oil separators shall be required.
7.
For sites that store or use chemicals, a spill response plan shall be submitted and approved by the City.
D.
Use of wetlands. Wetlands may be used for stormwater management, provided applicable permits are obtained from EGLE and/or the appropriate federal agency.
§ 65-15.06 Construction within designated floodplain areas.
A.
Intent. It is the intent and purpose of this section to establish those standards necessary to significantly reduce hazards to persons and damage to property as a result of flood conditions in the City of Dexter; and further comply with the provisions and requirements of the National Flood Insurance Program.
B.
Delineation of flood hazard areas. The boundaries of flood hazard areas shall be determined by reference to the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps, and any amendment thereto, as provided by the National Flood Insurance Program.
C.
Development requirements. In cases of conflict, the flood hazard area development requirements shall take precedence over the standards and requirements of the existing zoning district. Compliance with the requirements of this section shall be necessary for all development occurring within flood hazard areas.
D.
Uses permitted.
1.
Within flood hazard areas, no land shall be used except for one or more of the following uses:
a.
Parks, picnic areas, playgrounds, playfields, athletic fields, golf courses, nature paths and trails, and wildlife preserves.
b.
Required open space or lot area for uses in compliance with zoning district requirements of contiguous property not within the flood hazard area.
c.
Off-road parking, roads, drives, roads, and outdoor lay equipment or structures, provided that such equipment and/or structures would not cause an increase in water surface elevation, obstruct flow, or reduce impoundment capacity. Such equipment and/or structures shall be anchored to prevent flotation and lateral movement. When possible and approved by the City Engineer, use of pervious surfaces is expected.
2.
New and/or substantially improved structures shall be permitted, provided that such structures comply with the standards and requirements of Sections 6.12.2.1, 612.2.2, or 612.2.3 of the Army Corps of Engineers "Flood Proofing Regulations."
E.
Permits. No structure shall be erected, converted, or substantially improved or placed, and no land filled or used in a flood hazard area without the granting of any applicable permits by the Washtenaw County Building Department and the City Engineer, as well as any other authorized state or federal agency.
§ 65-15.07 Grading, removal and filling of land.
Any grading which changes site elevation by more than three feet, or the use of land for the excavation, removal, filling or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or byproducts, is not permitted in any zoning district except under a certificate from, and under the supervision of the Zoning Administrator in accordance with a topographic plan, approved by the Zoning Administrator and City engineer, submitted at a scale of not less than one inch equals 50 feet and shall show existing and proposed grades and topographic features and such other data as may from time to time be required by the Zoning Administrator. Such certificate may be issued in appropriate cases upon the filing with the application of a performance or surety bond in an amount as established by the Zoning Administrator sufficient to rehabilitate the property upon default of the operator or such other reasonable expenses. The form of the bond shall be approved by the City Attorney. This regulation does not apply to normal soil removal for basement or foundation work when a building permit has previously been duly issued by the Zoning Administrator.
