The intent of including environmental protection standards is to ensure that development in the Village of Dundee that is reviewed, approved, and completed under the regulations of this Ordinance is compatible with the natural systems of this Village including woodlands, wetlands, water bodies, drainage courses, soils, air, and the overall natural quality of life. These features are sensitive and can be negatively impacted by development. The following standards seek to minimize these impacts and are in addition to state regulations related to natural features such as the Natural Resources Environmental Protection Act, Act 451 of 1994.

A.

Applicability: No person shall do any grading, stripping, excavating, or filling, or undertake any earth change, unless the Zoning Enforcement Officer has issued a valid grading permit.

B.

Exceptions to Applicability: A grading permit is not required under the circumstances described below. Even though no permits are required for these instances, those operations and construction that is exempted from obtaining permits must still be in compliance with the rules and regulations concerning grading and erosion specified in this ordinance or other applicable laws and ordinances.

1.

The activity is associated with an approved site plan, subdivision plat, site condominium plan or private road approval.

2.

Plowing and tilling of land for purposes of crop production or harvesting.

3.

The activity is associated with a residential use and involves a volume of soil less than one hundred (100) cubic yards.

4.

The activity is associated with a non-residential use and involves a volume of soil less than fifty (50) cubic yards.

5.

The activity is associated with grading or excavating for a building or structure that was authorized by another valid permit.

6.

If the Zoning Enforcement Officer certifies in writing that the planned work and the final structure or topographical changes will not result in or contribute to soil erosion or sedimentation of the water of the state; will not interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the depositing of debris or sediment on any public way, will not create any hazard to any persons or property; and will have no detrimental influence upon the public welfare or upon the total development of the watershed.

C.

Grading Permit Review and Approval Procedures: A separate application shall be required for each grading permit and the following procedure shall apply:

1.

Submission of a completed application as required in Section 19.02.D and the required fee to the Zoning Enforcement Officer.

2.

The Zoning Enforcement Office shall review the application for conformance with Section 19.02 D and E. The Zoning Enforcement Officer may require a re-submittal, or additional information. If the Zoning Enforcement Officer determines the application complies with the ordinance, the permit shall be issued.

3.

The Zoning Enforcement Officer shall inspect the work upon completion to confirm compliance with the approved plan.

D.

Application Information Requirements: The plans shall be prepared or approved by a person who is trained and experienced in soil erosion and sedimentation control methods and techniques. The plans and specifications accompanying the grading permit application and required fee shall be submitted to the Zoning Enforcement Officer and contain the required data listed below.

1.

A vicinity sketch indicating the site location as well as the adjacent properties within one hundred (100) feet of the site boundaries.

2.

Scale and north arrow for the plan.

3.

Name, address and telephone number of the landowner, developer, and petitioner.

4.

The location of existing and proposed utility structures, ditches, culverts.

5.

The location and distance of drainage structure to which the site will drain.

6.

The location of existing and proposed buildings and structures.

7.

A description and details of soil erosion control methods.

8.

Existing spot elevations for the site and existing topographic contours at two (2) foot intervals.

9.

Proposed topographical contours at two (2) foot intervals.

10.

A timing schedule indicating the anticipated starting time and completion dates for the project.

E.

Review Standards: All applications shall comply with the following standards:

1.

New grades shall provide a sloping grade away from buildings and structures, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course.

2.

New grades shall not be established that would permit an increase in the run-off of surface water onto adjacent properties and public roadways except through established drainage courses.

3.

New grades shall not result in the creation of standing water; the erosion or filling of a roadside ditch and shall not result in the blockage of public water courses.

4.

Any land development, dredging, filling, or other activity requiring a permit pursuant to the Natural Resources and Environmental Protection Act, Public Act 451 of 1994 shall be required to obtain said permit prior to the issuance of a grading permit. The Zoning Enforcement Officer may require the applicant to submit a letter from the MDEQ to confirm non-jurisdiction.

5.

Any land development which disturbs the existing grade or more than one (1) acre(s) of land or lies within five hundred (500) feet of a river, stream lake or open drain, shall require a Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended, prior to issuance of a grading permit.

F.

Bond, Cash Deposit, or Instrument of Credit: A grading permit shall not be issued unless the permittee shall first post with the Zoning Enforcement Officer a bond executed by the landowner and payable to the Village and in the amount stipulated below. The bond shall include penalty provisions for failure to complete the work on schedule as specific on the grading permit.

1.

Residential: For activities associated with residential uses a bond of two hundred and fifty ($250) dollars is required.

2.

Non-residential: For activities associated with non-residential uses a bond of one thousand ($1,000) dollars is required.

G.

Extension of Time: If the permitee is unable to complete work within the specified time, he may, at least ten (10) days prior to the expiration of the permit, present in writing to the Zoning Enforcement Officer a request or extension of time setting forth the reasons for the requested extension. If such an extension is warranted, the Zoning Enforcement Officer may grant additional time for the completion of the work, but no such extension shall release the owner from the obligation of the required bond set forth in Section 19.02.F above.

A.

Intent. The intent of this Section is to preserve existing vegetation unless it can be demonstrated by the applicant that there are no other site design alternatives that would preserve existing vegetation. Where healthy plant material exists on a site prior to its development or redevelopment, as determined by the Zoning Enforcement Officer or the Planning Commission, variations from the landscape requirements contained in Article 14 may be approved to allow credit for such plant material if such adjustment is keeping with the intent of this Ordinance.

B.

Inspection. All existing vegetation shall be inspected by the Village to ensure the vegetation is high quality and will fulfill the requirements of this Article.

C.

Credit for Trees. Credit for tree preservation shall be applied at the following rate:

1.

For preserved trees of equal to or greater than twelve (12) inches in caliper, a credit of three (3) trees is permitted.

2.

For preserved trees less than twelve (12) inches in caliper, a credit of two (2) trees is permitted.

D.

Removed Credit Trees. In the event that healthy plant material credited towards required plantings are removed, damaged, or destroyed, as determined by the Zoning Enforcement Officer, they shall be replaced with new plant material meeting the standards of this Article.

E.

Mitigation. Every attempt shall be made to preserve healthy mature existing vegetation. In the event that an existing tree with greater than a four (4) inch caliper or eight (8) feet tall is removed when there are obvious alternatives to their removal (as determined by the Director of Engineering and/or designee), all such trees shall be replaced at a ratio of two (2) for one (1). Each new tree shall have a caliper of no less than three (3) inches or six (6) feet tall.

A.

Required Setbacks. All sites that are reviewed and approved under the regulations of this ordinance shall comply with the following minimum setback requirements from state regulated wetlands and from the shoreline of the River Raisin. These setback standards shall supersede the setbacks outlined in the Schedule of Regulations for sites where state regulated wetlands and water bodies are present, as set forth in Table 19.04.A.

B.

Treatment of Setback Area. The required setbacks as listed in Table 19.04.A shall be maintained as an undisturbed natural buffer. Permitted uses and activities within the setback area shall only include trails and recreation areas such as a boat dock/launch. Vegetation shall be undisturbed with the exception of regular maintenance and the installation of native vegetation.

C.

Preservation of Regulated and Non-Regulated Wetlands: Judicious effort shall be made through site plan design to preserve wetlands located on a site.

D.

Variances: In considering a variance from a natural features' setback, the applicant must demonstrate to the Zoning Board of Appeals that all of the following conditions are met:

1.

The setback is not necessary to preserve the wetland's ecological and aesthetic value.

2.

The natural drainage pattern to the wetland will not be significantly affected;

3.

The variance will not increase the potential for erosion, either during or after construction;

4.

No feasible or prudent alternative exists, and the variance distance is the minimum necessary to allow the project to proceed; and

5.

Permit requirements issued by the State of Michigan have been met and all possible avoidable impacts to wetlands have been addressed.

A.

Waterfront structures and appurtenances are an accessory use to the principal use permitted in the zoning district of the waterfront property. The following requirements apply to all structures and appurtenances within the required waterfront yard (i.e., the minimum required setback from the ordinary highwater mark contained in Section 19.04) of all zoning districts.

B.

Only the following structures and appurtenances shall be permitted within the required waterfront yard:

1.

docks and mooring apparatus;

2.

decks; and

3.

not more than one (1) gazebo.

C.

Allowable accessory use of the waterfront in a single-family residential district shall be limited to not more than (1) dock per lot or per dwelling unit.

D.

No more than one (1) boat slip per dwelling unit shall be permitted for multiple-family dwellings.

E.

Commercial boat rental shall be prohibited in residential districts.

A.

Smoke: It shall be unlawful for any person, firm, or corporation to permit the emission of smoke from any source in an amount which shall be injurious or substantially annoying to persons residing in the affected area.

B.

Odor: The emission of odors that shall be found to be obnoxious to any considerable number of persons at their place of residence shall be prohibited.

C.

Gases: The emission or release of corrosive or toxic gases, in amounts which are injurious or substantially annoying to persons living or working in the affected area, shall be prohibited.

D.

Glare and Radioactive Materials: Glare from any process or operation shall be shielded so as to be invisible beyond the property line of the premises on which the process is performed. Radiation, including ionizing radiation from radioactive materials and x-ray process shall not be emitted to exceed quantities established as safe by Federal regulations. Non-ionizing radiation such as diathermy or other radio frequency emissions shall not exceed standards as set by the Federal Communications Commission under Title 47 U.S.C.

E.

Noise: The emission of measurable noises from the premises shall not exceed sixty (60) decibels as measured at the property lines, except that where normal street traffic noises exceed sixty (60) decibels, the measurable noise emanating from the premises may equal, but not exceed, traffic noise levels.

F.

Vibration: Machines or operations which causes vibrations shall be permitted in manufacturing districts, provided that vibrations shall not cause displacement exceeding .003 of one (1) inch as measured at the property line.

A.

Intent: Protection of groundwater and surface water quality is of paramount importance to the Village of Dundee. No uses or developments shall be permitted which threaten water quality or which violate standards of County, State, and Federal agencies.

B.

Storage of Hazardous Substances: Businesses that use, store, or generate hazardous substances in quantities greater than one hundred (100) kilograms (equal to about twenty-five (25) gallons or two hundred-twenty (220) pounds) must provide secondary containment (double enclosure) for all above ground storage containers.

C.

Outdoor Above Ground Storage: Secondary containment structures must be designed to protect containers from the effects of storms, wind, fire, and vandalism. Structures that are covered and protected from rain and precipitation must provide secondary containment for ten (10%) percent of the volume of all containers or the volume of the largest container, whichever is greatest. Structures that are not protected from rain and precipitation must provide secondary storage capacity to hold one hundred-fifty (150%) percent of the stored substances unless the Planning Commission approves a lesser quantity.

D.

Indoor Above Ground Storage: Hazardous substances should not be stored indoors in locations which are near a floor drain connecting to soils, groundwater, sanitary sewer lines, or nearby drains and rivers unless secondary containment is provided. Sump pumps and floor depressions to collect and hold leaks and spills are recommended.

E.

Loading/Unloading Areas: Areas used for the loading and/or unloading of hazardous substances shall be designed and constructed to trap hazardous materials spilled or leaked and designed to prevent discharge of hazardous substances to floor drains, sanitary sewer lines, rivers, or storm drains.

F.

Below Ground Storage.

1.

At a minimum, regulations of the Michigan Department of Environmental Quality, Michigan Fire Marshal Division, and the Village of Dundee for the installation, inspection, maintenance of a leak detection system, inventory and record keeping, emergency response, and closure must be met.

2.

All underground storage tanks that have been out-of-service for nine (9) months or longer shall be removed from the site before a building permit is issued. The Dundee Township Fire Chief may adjust this requirement when a clear timetable for the safe use of the underground tank is established.

G.

County, State, and Federal Requirements: At a minimum, County, State and Federal requirements for storage, leak detection, record keeping, spill prevention, emergency responses, transport and disposal of hazardous substances must be met. It is the responsibility of the business facility owner to obtain any applicable County, State, or Federal permits or approvals.

H.

Site Plan Review and Approval: Site plans for facilities with hazardous substances shall also be reviewed by the Fire Chief or his/her designee prior to the approval by the Planning Commission.

I.

Enforcement and Penalties:

1.

Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and shall be subject to the provisions of this Chapter, in addition to any other penalties as may be prescribed herein.

2.

Transporters of hazardous materials in the Village of Dundee shall be strictly liable for the full amount and cost of any harm or damages that may result from such transport. Where it is determined that hazardous substances have leaked or spilled due to a violation of the provisions of this Ordinance, another village ordinance, negligence, or willful misconduct, the violator shall be required to abate the violation. In the case of an emergency, appropriate local, state, county, or federal emergency personnel may be called upon to assist in abatement and any other efforts necessary to remove hazardous materials and protect the health, safety, and welfare of the public. All costs, fees, and expenses in connection with such action shall be assessed as damages against the violator.

3.

Any judge or magistrate imposing a fine and costs which are not paid in full immediately or for which a bond is not immediately posted in double the amount of such fine and costs, shall order the driver or owner to move the vehicle at his own risk to a place of safekeeping within the jurisdiction of the judge or magistrate, inform the judge or magistrate in writing of the place of safekeeping, and there keep the vehicle until the fine and costs are paid or sufficient bond furnished or until the judge or magistrate shall be satisfied that the fine and costs will be paid. The officer or agent investigating the accident may require the driver to proceed to a magistrate within the County. If the magistrate is satisfied that the probable fine and costs will be paid by the owner or lessee, he may allow the driver to proceed. If the magistrate is not satisfied that the owner or lessee, after a notice and a right to be heard on the merits is given, will pay the amount of the probable fine and costs, the magistrate may order the vehicle to be impounded until trial on the merits is completed after the fine and costs have been imposed. Removal of the vehicle shall be under the control of and at the risk of the owner or driver. Vehicles impounded shall be subject to a lien, subject to any prior valid bona fide lien of prior record in the amount of such fine and costs and if the same are not paid within ninety (90) days after such seizure, said judge or magistrate shall certify such unpaid judgment to the prosecuting attorney of Monroe County who shall proceed to enforce the lien by foreclosure sale in accordance with procedure authorized in the case of chattel mortgage foreclosures.

A.

Intent. The location or storage of flammable or explosive materials shall be regulated as follows, except for automobile service and repair stations and junkyards, in which case the special land use standards apply. The storage of normal household chemicals is exempt from these regulations.

B.

On any parcel of land in any floodplain, office, commercial and manufacturing district, the owner, or tenant shall not store flammable materials closer than one hundred (100) feet from a residential district and/or three hundred (300) feet from a residential building. Furthermore, no residential building shall be constructed within three hundred (300) feet of an existing flammable storage facility.

C.

The storage of flammable materials shall be in containers or storage facilities as approved by the Dundee Township Fire Chief.

D.

Said containers or storage facilities shall be at least forty (40) feet from any side or rear lot line and one hundred fifty (150) feet from the front lot line as measured from the edge of the street right-of-way.

E.

The storage of explosive materials shall be in accordance with applicable State regulations.

A.

Intent. Consistent with the letter and spirit of Michigan Zoning Enabling Act, PA 110 of 2006, MCL 125.3101 et. seq., as amended, the Village Board of Trustees of the Village of Dundee finds that potential growth, the spreading of development, and increasing demands upon natural resources can have the effect of encroaching upon, despoiling, polluting, or eliminating many of its watercourses and wetlands, and other natural resources and processes associated therewith, which, if preserved and maintained in an undisturbed and natural condition, constitute important physical, aesthetic, recreation and economic assets of existing and future residents of the Village.

This article recognizes the existence of uses and structures within the floodplain of the River Raisin. While this article allows for the continuation of these uses, it is the intent of this article to discourage the continuation of uses within the floodplain where floodwaters pose a danger to such uses or such uses have the potential to negatively impact the natural functions of the river's floodplain or the environmental quality of the river. It is further the intent of this article to discourage the establishment of new uses within the floodplain where floodwaters pose a danger to such uses or such uses have the potential to negatively impact the natural functions or the river's floodplain or the environmental quality of the river.

The Floodplain Overlay District shall be considered to overlay existing zoning districts and provide additional terms over and above those imposed by the underlying zoning districts. The location and boundaries of flood protection areas shall coincide with those locations and boundaries for flood protection and hazard areas as shown and identified in "The Flood Insurance Study, Village of Dundee, Monroe County, Michigan," prepared in 2002 with accompanying Flood Insurance Rate and Floodway Maps, and any other official revisions to the above-mentioned maps as published by the Federal Emergency Management Agency (FEMA). This document shall be adopted and hereby declared to be a part of this Article.

B.

Rules and Regulations for Management of the Floodplain District. The following rules and regulations shall apply to provide a clear understanding of the minimum requirements for the sound and proper use and development of land in the FP, Floodplain Overlay District. These rules and requirements shall include, but not be limited to the following:

1.

A site plan approval under Article 8, Site Plan Review Procedures and Requirements shall be required for any use or development of land within the Floodplain District.

2.

Prior to site plan approval, all necessary permits shall have been obtained from those federal, state, or local governmental agencies from which prior approval is required, such as: U.S. Army Corps of Engineers, Michigan Department of Natural Resources, Monroe County Drain Commission, or Monroe County Health Department.

3.

All development shall be consistent with the standards of Section 60.3(d) and 60.6(o) of the Rules and Regulations of the National Flood Insurance Program (44 CFR 59, etc.) and Ordinance 1-82, the Village of Dundee Floodplain Ordinance.

4.

All uses shall comply with the dimensional standards of the underlying zoning district in addition to the requirements of this Article.

5.

Projects under the control of the Village of Dundee or other use proposed on Village owned property within the Floodplain District shall require review and approval by the Village Board of Trustees, based upon a recommendation from the Planning Commission.

C.

Principal Uses Permitted. The following uses of land and structures shall be permitted by right in the FP, Floodplain Overlay District, provided that there shall be no permanent storage of materials in the floodplain.

1.

Cultivation and harvesting of crops according to recognized soil conservation practices.

2.

Pasture, grazing land, forestry, outdoor plant nursery, orchard, and harvesting of any wild crops.

3.

Wildlife sanctuary, woodland preserves, and arboretums.

4.

Outlet installations for sewage treatment plants, sealed public water supply wells, and watermains and storm sewers, and drains.

5.

Recreational uses such as parks, pathways, boardwalks, pavilions, day camps, picnic groves, shooting ranges, golf courses, fishing, tennis clubs, and boating clubs, provided no enclosed building is located in the floodway.

6.

Commercial uses such as parking lots, railroads, streets, utility lines, storage yards, for equipment and material not subject to major damage or displacement by flood and not including flammable liquids or hazardous materials and provided such use is accessory to a use permitted in an adjoining area.

D.

Uses Permissible on Special Land Use Approval.

1.

Uses permitted in the underlying zoning district, but not otherwise listed in Section 19.09C above as principal uses permitted may be allowed by special land use approval by the Planning Commission following the procedures and requirements of Article 8, Site Plan Review Procedures and Requirements and Article 9, Special Land Uses.

2.

In passing upon such application, in addition to the requirements of the underlying zoning district, Article 8, Site Plan Review Procedures and Requirements and Article 9, Special Land Use Review, the Planning Commission shall consider:

a.

The danger to life and property by water which may be backed up or diverted by such obstruction.

b.

The danger that the obstruction will be swept downstream to the injury of others.

c.

The availability of alternate site design or layout that would minimize impact to the floodplain and minimize the hazard of floodwaters on the proposed use.

d.

The construction or alteration of the obstruction in such a manner as to lessen the danger.

e.

The permanence of the obstruction and its impact on the flow of floodwaters within the floodplain.

f.

The anticipated development in the foreseeable future of the area which may be affected by the obstruction.

g.

Compliance with the construction standards of Ordinance 1-82, the Village of Dundee Floodplain Ordinance.

3.

Site Plan Review. All principal and special land uses listed above are subject further to the requirements and provisions of Article 8, Site Plan Review Procedures and Requirements and any other applicable regulations included in this Ordinance.