In all cases, the power to grant special land use approval is vested in the planning commission. All applications for special land use approval shall first be forwarded by the planning department to the planning commission for review and processing. The application shall be submitted in the number of copies required and accompanied by the same number of site plans, all prepared and filed to meet the requirements of article III.

The planning commission shall review the application after proper notice has been given as required by state law and approve or deny the application. Approval may require conditions the commission may find necessary; disapproval of the application will be accompanied by reasons in writing. If a public hearing is to be held as provided by state law, then the planning commission, after proper notice, shall hear any person wishing to express an opinion on the application.

The planning commission shall review each case individually as to its applicability and must find affirmatively to each of the following standards of the proposed land use if it is to be approved.

A.

Standards.

1.

The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood and applicable regulations of the zoning district in which it is to be located.

2.

The proposed use shall be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing pedestrian-vehicle conflicts.

3.

The proposed use shall be designed as to the location, size, intensity, site layout and periods of operation of any such proposed use to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby uses permitted, whether by reason of dust, noise, fumes, vibration, smoke or lights.

4.

The proposed use shall be such that the proposed location and height of buildings or structures and location, nature and height of walls, fences and landscaping will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

5.

The proposed use shall relate harmoniously with the physical and economic aspects of adjacent land uses in regards to prevailing shopping habits, convenience of access by prospective patrons, continuity of development, and need for particular services and facilities in specific areas of the township.

6.

The proposed use will service a public convenience at the proposed location.

7.

The proposed use is so designated, located, planned and operated so that the public health, safety and welfare will be protected.

8.

The proposed use shall not cause substantial injury to the value of other property in the vicinity in which it is to be located and will not be detrimental to existing and/or other permitted land uses in the zoning district.

B.

Decision.

1.

Approval. If the planning commission determines that the particular special land use(s) should be allowed, it shall endorse its approval thereof on the written application and clearly set forth in writing thereon the particular use(s) which shall be allowed. Thereafter, the enforcing officer may issue a building permit in conformity with the particular special land use(s) so approved. In all cases where a particular special land use has been granted as provided herein, application for a building permit in pursuance thereof must be made and received by the township not later than 12 months thereafter, or such approval shall automatically be revoked. The planning commission may grant an extension thereof for good cause shown under such terms and conditions and for such period of time not exceeding another 12 months as it shall determine to be necessary and appropriate.

2.

Denial. If the planning commission shall determine that the particular special land use(s) requested does not meet the standards of this ordinance, it shall deny the application by a written endorsement thereon which clearly sets forth the reason for such denial.

3.

Record. The decision on a special land use shall be incorporated in a statement of conclusions relative to the special land use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

4.

Hearings. The planning commission shall investigate the circumstances of each such case and give notice of the time and place of any hearing, meeting or review which may be held relative thereto as required by State law and/or its rules or procedure.

5.

Conditions. The planning commission may impose such conditions or limitations in granting approval as may be permitted by state law and this ordinance which it deems necessary to fulfill the spirit and purpose of this ordinance. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all of the following:

a.

Be designed to protect natural resources, the health, safety and welfare, as well as the social and economic wellbeing of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

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

c.

Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in this ordinance for the land use or activity under consideration; and be necessary to insure compliance with those standards.

6.

Once a special land use has been approved, no zoning board of appeals variance requests shall be permitted. Any changes in the development plans must be made in accordance with revision procedures contained herein.

A.

Specific requirements and conditions.

1.

Airports, airfields, runways, hangars, beacons and other facilities involved with aircraft operations, subject to all rules and regulations of the Federal Aeronautics Administration, which agency shall approve the preliminary plans submitted to the township. All aircraft approach lanes, as established by appropriate aeronautical authorities, shall be so developed as to not endanger the permitted land use. Permitted height of buildings, structures, telephone and electrical lines and appurtenances thereto shall be considered factors in consultations with the appropriate aeronautical agencies in considering an airport use.

2.

Yard and placement requirements.

a.

No building or structure, or part thereof, shall be erected closer than 60 feet from any property line.

b.

Those buildings to be used for servicing or maintenance shall not be located on the outer perimeter of the site where abutting property is zoned residential.

3.

Performance requirements. All lights used for landing strips and other lighting facilities shall be so arranged as not to reflect towards adjoining non-airport uses.

B.

Prohibited uses. The open storage of junked or wrecked motor vehicles or aircraft shall not be permitted, except that wrecked aircraft may be stored in the open for not more than 30 days from the date of the accident.

1.

Viewing screens and/or stages must be so located as to avoid distracting passing motorists on the streets and highways adjoining the site.

2.

If vehicle ticket windows are provided, they shall be made available in the ratio of one such window for each 250 cars of parking space capacity.

3.

All ingress and egress from the site shall be directly onto a regional or major thoroughfare having an existing or planned right-of-way width of at least 120 feet.

4.

The site shall not abut a single-family residential zoning district on more than one side.

5.

Devices for the transmission or broadcasting of voices shall be so directed or muffled as to prevent said sounds or music from being audible beyond the boundaries of the site.

6.

A minimum 100-foot wide landscaped greenbelt shall be provided along all property lines abutting a residential zoning district.

1.

All repair activities shall be confined to the interior of the building.

1.

All repair activities shall be confined to the interior of the building.

2.

No outdoor storage is permitted within the front yard. A minimum of ten vehicle spaces shall be provided within the rear or side yard for vehicle storage.

3.

An adequate means of waste disposal shall be provided.

1.

The lot or area shall be provided and maintained with a permanent, durable and dustless surface constructed of either asphalt or concrete and shall be so graded and drained as to dispose within the site of all surface water accumulated within the area.

2.

The location of the site shall be upon a street with a right-of-way of at least 120 feet (existing or proposed) and shall contain no fewer than 40,000 square feet.

3.

Such use shall be located no closer than 50 feet from any single-family zoning district. The planning commission may require a berm, wall, landscape screen or any or all of the above to protect from noise, dust, light, or any such nuisance.

4.

No vehicle repair, bumping, painting or refinishing shall be done on the lot site. Cleaning and refurbishing of vehicles or units shall be permitted if done completely within an enclosed building.

5.

Devices for the transmission or broadcasting of voices and/or music shall be prohibited.

6.

If such a lot abuts a street of less than 120 feet of right-of-way located abutting an RM district, a berm and landscaping in the front yard on such street shall be provided to screen all outdoor facilities, including storage and display areas, from adjacent residential property. In addition, all other areas of the site shall be fully landscaped.

7.

Display areas, storage areas and all other vehicle parking contained on the site shall comply with the parking design and layout requirements of this ordinance.

1.

The room utilized for lodging purposes shall be part of the primary residential use and shall not have been specifically constructed for rental purposes.

2.

There shall be no separate cooking facilities used for the bed and breakfast rooms.

3.

The residence shall be occupied at all times by the owner or a staff member.

4.

Adequate lavatory, bathing facilities and kitchen facilities for the lodging room shall be provided, as per the requirements of the Macomb County Health Department.

1.

The site and use shall be located on a major or secondary thoroughfare having a right-of-way equal to, or greater than, 120 feet, as specified by the township master plan.

2.

The number of launchings permitted shall be limited to the number of parking spaces available for the parking of vehicles and boat carriers in any such launch facility or marina. Such spaces shall be no less than 12 feet wide and 40 feet deep. One additional passenger vehicle space (ten feet by 20 feet) shall be provided for each two vehicle and boat carrier spaces. Any potential for off-site parking within the stated right-of-ways of the surrounding thoroughfares shall be coordinated with the Road Commission of Macomb County.

3.

The planning commission may require men's and women's restrooms and shower facilities which are available to the launch ramp users on a case by case basis, based on size of the facility and design of the site.

4.

All marinas and facilities offering boat launch facilities shall include a park area. Such park area shall include a minimum of 10,000 square feet of land area for each ten launchings permitted at such marina or boat launch facility. The park area shall be of a maintained lawn and landscape and shall contain, at a minimum, the following number of amenities for each 10,000 square feet of park area: two picnic tables, one permanently installed barbecue, one park bench. In addition to the above requirements, each park shall include one "playscape" located in an area containing no less than 400 square feet of land area, and shall be landscaped with a minimum of ten trees per acre.

5.

Lighting shall be provided at appropriate levels and intensities for the purpose of lighting the parking area, walkway areas, ramp area, restroom area and harbor areas.

6.

Each facility or marina with a boat launch ramp shall provide a sanitary pump out facility with potable water. Such pump out facility must be accessible and functional while the watercraft remains in the water.

7.

Fish cleaning stations shall be permitted subject to the provision of an appropriate means of disposal for all remains being demonstrated to the planning commission.

8.

Trash receptacles shall be provided throughout the facility at locations approved by the planning commission for the convenience of the public.

1.

The site shall be a minimum of one acre in size.

2.

The site shall be so located as to abut a major thoroughfare right-of-way.

3.

The site shall not abut a residential zoning district except at the rear of the site.

4.

A minimum 25-foot wide landscaped greenbelt shall be provided along any property line which abuts a residential zoning district.

A.

Site requirements.

1.

All such uses shall be located on a parcel of land which is surrounded by abutting land zoned IND Industrial.

2.

All access to the parking areas shall be provided from a major thoroughfare.

3.

All sides of the development not abutting a major thoroughfare shall be provided with a 20-foot wide greenbelt planting and fence or wall so as to obscure from view all activities within the development.

B.

Yard and placement requirements.

1.

No building, structure or tanks or containers for storage or part thereof shall be erected closer than 100 feet from any property line.

2.

Those buildings to be used for servicing or maintenance shall not be located on the outer perimeter of the site.

A.

Specific requirements and conditions.

1.

All buildings shall observe the front or street-side setbacks of the district, plus 25 feet.

2.

Ingress and egress points shall be located at least 60 feet from the intersection of any two streets.

3.

The entire site, other than that area occupied by buildings and/or structures, shall be landscaped or provided with a permanent, durable and dustless surface constructed of either asphalt or concrete. The site shall be landscaped and maintained. In addition, the site shall be graded and drained, hard-surfaced and maintained.

4.

Devices for the transmission or broadcasting of voices shall be so directed or muffled as to prevent said sounds or music from being audible beyond the boundaries of the site.

5.

All adjacent side yards shall be zoned for business use.

Adequate ventilation shall be provided to ensure that any odors associated with any food preparation will be confined to the site so as not to create a nuisance for any adjoining residential parcels. All such ventilation systems shall be maintained in good working order at all times.

1.

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

2.

The site shall be a minimum of 1,000 feet from any residential structure.

3.

All properties which abut the site shall be zoned for industrial use.

1.

The cemetery shall have direct access to a public road which is capable of carrying the traffic without interfering with the residential subdivision.

2.

The minimum site size shall be 40 acres.

3.

Crematoriums shall be centrally located on the cemetery property and shall be a minimum of 500 feet from any property line.

4.

A cemetery shall provide decorative fencing around the entire perimeter of the site.

1.

The site shall contain a minimum of 150 square feet of outdoor play area for each child and shall not be less than 5,000 square feet in total.

1.

Any use permitted herein shall be developed on sites of at least 15 acres in area.

2.

All ingress to and egress from the site shall be directly onto a major thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the master plan.

3.

No building shall be closer than 50 feet to any property line when said property line abuts or is adjacent to land zoned for residential purposes.

4.

The site shall consist of a minimum area of 400 square feet per pupil.

1.

All such uses shall be located on a regional or major road as designated in the Harrison Township Master Plan.

2.

All outdoor areas designated for retail sales shall be enclosed by a decorative fence or masonry wall. The planning commission shall approve the height of said wall or fencing.

3.

A greenbelt with a minimum width of seven feet shall be provided around such fencing in all areas where no entrance/exit gate is located.

1.

All such facilities shall have ingress and egress from a site directly onto a major or secondary thoroughfare or collector road having an existing or planned right-of-way of at least 86 feet, as indicated in the master plan, except existing hospital facilities located on a designated local street shall be exempt from this requirement.

2.

All such facilities shall be developed only on sites consisting of at least five acres in area.

3.

There shall be provided at least 1,000 square feet of lot area per bed.

4.

No building on the site shall exceed 25 feet in height, or two stories.

5.

Licensing shall be in accordance with the State of Michigan and/or appropriate authority or jurisdiction.

1.

The site and use shall be located on a regional or major thoroughfare having a right-of-way equal to, or greater than, 120 feet.

2.

Any freestanding drive-thru facility located in a shopping center shall be aesthetically compatible in design and appearance with the other buildings and uses located in the shopping center. In making this determination, the planning commission shall consider the architectural design of the building, the signage and the landscaping to ensure that the design and appearance of the developed site is compatible with the design and appearance of the remainder of the shopping center.

3.

Drive-thru service shall be permitted only if a satisfactory traffic pattern for the drive-thru lane can be established to prevent traffic congestion and the impairment of vehicular circulation for the remainder of the development. Vehicle stacking lanes shall not cross any maneuvering lanes, drives or sidewalks.

4.

Devices for electronically amplified voices or music shall be directed or muffled to prevent any such noises from being audible at any lot line.

1.

Vehicular ingress and egress from the site shall be directly onto a major thoroughfare, except that it may be permissible to allow vehicles to exit from the facility onto a public alley.

2.

All vehicles waiting or standing to enter the facility shall be provided off street waiting space, and no vehicle shall be permitted to wait on the public right-of-way as part of the traffic approach.

3.

An on-site, 50-foot long drying lane shall be required at the exit point of the car washing facility or an alternate means of collecting and drying water shall be provided.

4.

A 15-foot greenbelt shall be provided between all property lines.

1.

Sufficient off-street automobile parking and assembly area is provided for vehicles to be used in a funeral procession. The assembly area shall be provided in addition to any required off-street parking area.

2.

The site shall be located so as to have one property line abutting a major or secondary thoroughfare of at least 120 feet of right-of-way, existing or proposed on the township master plan.

3.

Adequate ingress and egress shall be provided to said major or secondary thoroughfare.

4.

No building shall be located closer than 50 feet to the outer perimeter (property line) of the district when said property line abuts any one-family residential district.

5.

Loading and unloading area used by ambulances, hearses or other such service vehicles shall be obscured from all residential view by a poured embossed brick or other approved pattern decorative concrete wall six feet in height.

6.

Crematoriums shall be a minimum of 500 feet from any residential property line.

1.

The site shall be located at the intersection of two public roads with at least one of the roads having a proposed right-of-way of 120 feet.

2.

Not more than 50 percent of the lots located at an intersection of any two roads may be occupied by a gasoline service station.

3.

The site for the gasoline service station shall have 150 feet of frontage on the principal street serving the station.

4.

The site shall contain an area of not less than 30,000 square feet.

5.

All buildings shall observe front yard setbacks plus ten feet. For purposes of this section, gasoline pumps and pump islands shall not be considered buildings.

6.

The inclusion of a drive-thru, automobile service station, car wash or similar use that requires special land use approval, shall be required to receive a separate special land use approval when proposed in tandem with a gasoline service station.

1.

All such hospitals shall be developed only on sites consisting of at least ten acres in lot area and provide a minimum of 1,500 square feet of lot area per bed.

2.

All ingress and egress from the site shall be directly onto a major or secondary thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the township master plan, except that existing hospital facilities shall be exempt from this requirement.

3.

The buildings shall maintain a minimum distance of 75 feet to the nearest residentially zoned lot.

4.

Ambulance delivery and service areas, when visible from adjacent land zoned for residential purposes, shall be obscured from view by a poured decorative concrete wall at least six feet in height, or a berm and landscaping meeting the requirements for major screening impacts.

5.

Whenever the parking plan is designed to cause automobile headlights to be directed toward any single-family residential district within 120 feet of the parking areas, an obscuring wall, berm or landscaping may be required. Such screening would not apply to points of ingress or egress.

1.

Nine-hole courses. Not less than 60 acres devoted exclusively to course use.

2.

Eighteen-hole courses. Not less than 150 acres devoted exclusively to course use.

3.

Location of structures. Any structures to be erected on the site shall be set back a minimum of 100 feet from any adjoining property site line.

4.

Any accessory use and all of the facilities therefor which are customary and incidental to the normal golf course operation shall be permitted. Such accessory uses shall include, but not necessarily be limited to:

a.

Bathing, tennis and lounging.

b.

Sale and consumption of food and beverages on the premises.

c.

Sale and rental of golfing supplies and equipment.

1.

Fencing shall be required next to residential uses or districts. All outdoor play areas shall be enclosed.

2.

The requested site and building shall be consistent with the visible characteristics of the neighborhood. The group day-care home shall not require the modification of the exterior of the dwelling nor the location of any equipment in the front yard.

3.

The proposed use, if approved, may have one non-illuminated sign that complies with the Harrison Township sign ordinance.

4.

The proposed use, if approved, shall be inspected for compliance with these standards prior to occupancy and at least once each year thereafter within ten days of the anniversary of the certificate of occupancy.

5.

All facilities must provide of proof of being registered as a residential care facility in the State of Michigan.

A.

Home occupations type I may be permitted in a residential district. Home offices that do not result in more traffic than is normal for residential districts shall be considered a permitted use and do not require special land use approval. Type I home occupations must register the location of the home occupation with the township building department. All other home occupation requests shall be subject to the requirements of section 17.26.B. No person other than members of the family residing on the premises shall be engaged in such occupation.

B.

Type II home occupation site requirements.

1.

The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and, not more than 25 percent of the floor area of the dwelling unit shall be used for the purposes of the home occupation and shall be carried out completely within such dwelling.

2.

There shall be no change in the outside appearance of the structure or premises or other visible evidence of the conduct of such home occupation.

3.

Such home occupation shall not require internal alterations or construction, equipment, machinery, or outdoor storage not customary in residential areas.

4.

No signage of any type is permitted for a home occupation business.

5.

There shall be no sales of any goods, articles or services on the premises, except such as is produced by such approved home occupation.

6.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be provided by an off-street area, located other than in a required front yard.

7.

Persons with a disability applying for home occupation permits may be excused from certain provisions of this section by the planning commission, based on necessity.

(Ord. No. 308.3, § 19, 4-9-2018; Ord. No. 402, § 3, 8-23-2021)

1.

Density. The number of units shall not exceed twice that permitted for multi-family development in the RM district. The density shall be based on the type of dwelling and the gross site area for the proposed number of one- and two-bedroom dwelling units.

2.

All dwellings shall consist of at least 500 square feet per one-bedroom unit and 650 square feet per two-bedroom unit.

3.

Business uses shall be permitted on the site when developed as retail or service uses clearly accessory to the main use, within the walls of the main structure, and totally obscured from any exterior view. No identifying sign for any such business or service use shall be visible from any exterior view. Such businesses or services shall not exceed 25 percent of the floor area at grade level.

4.

All proposals for housing for the elderly shall be reviewed against the standards for such housing as published by the Michigan State Housing Development Authority [(MSHDA)]. MSHDA standards shall be used only as a general guide for the review to assure minimum adequacy and shall not limit the requirements placed on the use by the Charter Township of Harrison.

1.

Such use shall be completely enclosed on all sides by a fence constructed of unpierced wood or metal vertical boards or panels not less than eight feet in height, which shall be maintained in a condition of good repair.

2.

The fence required in subsection 1. above shall be set back not less than 25 feet from the front site line, subject to the following additional requirements.

(a)

No such fence shall be erected closer than 25 feet from the public right-of-way as shown on the general development plan of the Macomb Department of Roads.

(b)

No such fence shall in any event be erected closer than 85 feet from the centerline of the street that the site abuts.

3.

The area line between the front fence and the front site line shall be completely landscaped and maintained with grass and coniferous trees or shrubs.

4.

Parking shall be permitted only within the fenced enclosure.

A.

All fill operations shall be only allowed subject to the provisions of this ordinance and subject, further, to the satisfactory preparation of the land for an approved specific land use permitted within the applicable zoning district.

B.

Specific requirements and conditions.

1.

Permitted earth landfills shall be subject to all other laws and ordinances pertaining thereto, provided such shall not be permitted in any wetland area or in any floodplain zone, except under terms and conditions of all other laws and ordinances pertaining thereto.

2.

An earthen landfill shall contain only soil free from building debris. No putrescible or manufactured inert materials may be placed in an earthen landfill.

3.

The site shall not be within 1,000 feet of a residential use.

Editor's note— Ord. No. 308.6, § 8, adopted Jan. 9, 2023, repealed § 17.30, which pertained to outdoor cafes.

1.

Any such use must be completely enclosed with screening in accordance with the requirements of section 11.13 and subsection 2. below. Marinas are excluded from the provisions of this section.

2.

No storage use shall be closer than 100 feet to the outer perimeter (property lines) of the district where said property lines abut any residential district or border other than an industrial district, and such space shall be fully landscaped and fenced at the setback line. Corner lot side yards must equal the setback requirements for the front yard on the street side as referenced herein.

3.

Whenever a different material is to be stored other than what was approved in the original request, a new approval shall be required from the planning commission.

4.

Uses expressly prohibited under this section include the following:

(a)

Junkyards, including used auto parts.

(b)

Used building materials.

(c)

Storage of combustible or odoriferous materials.

1.

Minimum site shall be one acre on a continuous parcel.

2.

The site shall abut a public road having a right-of-way of not less than that of a collective thoroughfare (86 feet) or the proposed right-of-way of a major thoroughfare on the township's master plan.

3.

In residential zoning districts, a minimum 25-foot wide greenbelt shall be provided around the perimeter of the property.

A.

Purpose and intent. The planned unit development (PUD) concept is intended to provide a greater degree of flexibility in the regulation of land development and the arrangement of uses. Through this option, more creative approaches to development can be utilized which take advantage of the special characteristics of the land than would otherwise be possible through the strict enforcement of the ordinance. The specific objectives of this section are to:

•

Require innovation in land use and variety in design, layout and type of structures constructed, while preserving the intent and integrity of the township master plan.

•

Preserve significant natural resources.

•

Achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities.

•

Require the preservation of useful open space.

•

Permit flexibility in the placement, lot area and building type regulations, while assuring the application of sound site planning standards.

B.

General requirements. These planned unit development (PUD) regulations shall apply to all proposed planned unit development projects. Where there are conflicts between the PUD regulations and general zoning, subdivision, or other township regulations or requirements, the PUD regulations shall apply for the project.

1.

A PUD project may be permitted in any zoning district subject to township approval.

2.

A PUD project shall follow the same public hearing procedure as a special land use.

a.

The public hearing for the proposed PUD development shall be held during the formal PUD application review phase.

b.

A sign shall be posted by the township on the subject site indicating that a PUD development is proposed. Such sign shall be placed on the site at the time the formal PUD application has been submitted. The sign shall be the same size as that which is required for the posting of a sign under a rezoning request.

3.

All requirements of the underlying zoning district including but not limited to, setbacks, uses and density/area regulations shall be met by the proposed PUD unless specifically waived by the plan-ning commission and township board. In waiving these requirements the township will, at a minimum, consider the criteria outlined in subsection C.3.

4.

A parcel of land proposed for a PUD in any residential zone shall be a minimum of 40 acres in size. A parcel of land proposed for a PUD in any nonresidential zone shall be a minimum of five acres in size.

a.

The planning commission may waive the above-mentioned acreage requirement if it is found that each of the criteria listed below has been met. The determination to waive the minimum acreage requirement shall be made at the time the planning commission makes a recommendation to approve or deny the formal PUD application. The criteria to be considered are as follows:

(1)

The proposed density of the PUD is generally consistent with what would be expected from a development under the conventional standards of the zoning ordinance.

(2)

The proposed PUD development is consistent with the Harrison Township Master Plan.

(3)

The property is located at the intersection of two roads, or is situated in such a manner that transitional or higher intensity uses are located around the majority of the perimeter of the proposed development. For the purposes of this section, transitional uses shall include public uses, roads, utilities or other similar activities as determined by the planning commission.

5.

A minimum of 25 percent of the net developable area of the land shall be irrevocably dedicated as open space. The dedication shall be evidenced by a recordable instrument acceptable to the township attorney. All undevelopable areas including open bodies of water and regulated wetlands shall not be counted towards the net developable area of land.

6.

On residentially zoned properties, nonresidential uses shall not occupy an area that exceeds 25 percent of the gross acreage of the entire parcel of land.

C.

Review procedures.

1.

Conceptual review. Prior to the formal submission of a PUD application, the applicant shall submit a site plan for conceptual review. The plan shall show the entire PUD concept in schematic form, indicating generalized land use areas and their relationship to each other, circulation patterns and generalized existing site characteristics.

a.

The planning commission shall review the plan with the applicant, offer comments on such plan as it relates to the Township's development policies and make appropriate comments or suggestions concerning the proposed development scheme.

b.

This phase shall not be construed to require approval of the conceptual plan by the township. Further, the conceptual plan is only intended to be used as a general guide to both the applicant and the township.

c.

Upon completion of the conceptual review phase, the applicant may proceed with a formal submission of the PUD application, as outlined within this ordinance.

2.

Formal PUD application.

a.

Application. The owner of the property shall submit an application for a PUD on a form approved by the township. The application shall include all information necessary to satisfy the terms and conditions of this section.

b.

Development agreement. An application for a PUD must include a proposed development agreement for review and consideration by the planning commission. The final development agreement must be approved by the township board. The development agreement shall include, at a minimum, the following:

(1)

The permitted uses of the property.

(2)

The permitted density and/or intensity of the proposed use.

(3)

Provisions for reservations or dedications of land for public purposes, if applicable.

(4)

Terms, conditions, restrictions and requirements upon which approval is based, including phasing requirements, requirements for on-site or off-site improvements and contributions to improvements for public facilities if applicable.

(5)

A time frame for commencement and completion of improvements associated with the PUD, including both public infrastructure improvements and internal site improvements, along with the means of insuring that all public improvements are constructed and maintained.

(6)

A statement indicating that, except as otherwise provided by the agreement, regulations governing permitted uses of land, density, design, improvement and construction standards and specifications applicable to development of the land shall be the regulations in force at the time.

c.

Additional requirements. In addition to the application requirements set forth in subsections (a) and (b), the applicant shall provide the following documents with the application:

(1)

A site plan meeting all submission requirements of article 3, site plan review requirements of the Harrison Township Zoning Ordinance.

(a)

Residential site plans shall include the street layout and the number and type of dwelling units proposed for each phase. A yield plan may be required by the planning commission to determine the number of units an applicant could achieve under the conventional standards of the zoning ordinance. The yield plan shall meet all applicable requirements of the state Land Division Act and all applicable township ordinances. The yield plan shall also meet all requirements of the Harrison Township Land Division Regulations Ordinance, as applicable to the type of development.

(b)

Non-residential phases shall include at least the building footprint, street layout, square footage of each structure, and the location and number of spaces in all parking areas.

(2)

A development impact statement meeting the requirements of the Harrison Township Zoning Ordinance.

(3)

A phasing plan, if applicable. Phasing shall be provided in such a manner to ensure overall compliance with the overall PUD.

(4)

A description of all landscaping, lighting and architectural themes and materials used for each building including architectural renderings.

(5)

A coordinated sign package.

(6)

Legal documents in recordable form including but not limited to:

(a)

Master deed and bylaws which incorporates the associations involved in the PUD and includes the following:

i.

The establishment of voting rights within the PUD.

ii.

Maintenance language for all common areas.

iii.

Special assessment language as approved by the township.

(b)

Cross access, joint access and shared parking agreements where applicable.

(c)

Conservation easements or other method deemed suitable to ensure the protection of open space areas.

3.

Criteria for approval. Upon receipt of a formal application for a PUD, the planning commission shall hold a public hearing, with notice given pursuant to Public Act 110 of 2006, as amended, and review the application to determine if the proposal meets the eight standards for special land use approval outlined in section 17.01 of the Harrison Township Zoning Ordinance. In addition to meeting these eight standards, the commission shall find that the plan addresses the following issues:

a.

A suitable development agreement has been provided outlining the specific design of the site including parking arrangement, building footprint, building design and materials, landscaping and infrastructure improvements. Said agreement provides the township with a reasonable guarantee that what will be constructed is what has been agreed to by both the township and the developer.

b.

The plan provides for safe, efficient, convenient and harmonious groupings of structures, uses and facilities; for appropriate relation of space inside and outside buildings to intended uses and structural features; and for preservation of desirable natural or historic features. In particular, streets, drives and parking and service areas shall provide safe and convenient on-site circulation, as well as safe and convenient access to dwelling units, general facilities and for service and emergency vehicles.

c.

The planning commission shall review the positive and negative impacts of the proposed PUD to determine if the development provides benefits that substantially outweigh that which would be achieved under the conventional standards of the zoning ordinance. The following more specific list shall also be considered by the planning commission. This list shall not be deemed all-inclusive and should act as a guideline for applicants proposing a PUD.

(1)

Residential design.

(a)

A significant amount of passive and/or active open space has been provided throughout the site. Additional consideration will be given towards the provision of open space along major roads abutting the development.

(b)

A substantial number of dwelling units within the development abut dedicated open space.

(c)

Trail ways have been located throughout the open space and link the internal sidewalk/walking path system of the housing development with the open space areas.

(d)

The development provides open space in a manner which encourages the future linkage of open space to adjacent parcels.

(e)

Dwelling units have side, rear, or alley entry garages, or other configurations not opening directly to the street.

(f)

The applicant has provided an architectural theme which promotes varied architectural designs and floor plans. Architectural features such as cupolas, dormers and gables are encouraged along with the design of porches and the use of brick and stone building materials.

(2)

Commercial/industrial design.

(a)

A compatible architectural theme has been provided that provides architectural treatments and maintains durable materials.

(b)

Significant landscaping/open space areas have been provided that enhance/preserve the natural environment of the area.

(c)

Appropriate buffering has been provided that complements/protects surrounding residential neighborhoods.

(d)

The buildings have been designed at such a scale that the overall character of the area has not been compromised.

(e)

Shared driveways, parking areas and connectivity between uses has been taken into account.

(f)

Parking has been provided for in the side or rear yard of the site and does not act as a focal point for development.

(g)

Pedestrian accessibility has been planned for and is an integral part of the overall design.

4.

Decision and final approvals.

a.

The planning commission, after the public hearing, shall recommend to the township board approval or denial of the PUD and development agreement presented by the developer after receiving a recommendation from the township attorney regarding the draft development agreement.

b.

Following the review and acceptance of the development agreement by the township attorney and the planning commission, the PUD and development agreement shall be forwarded to the township board with the recommendations made by the planning commission and all township consultants.

c.

An additional public hearing, with notice given pursuant to Public Act 110 of 2006, as amended, may be held by the township board prior to making a decision. The township board shall consider the comments obtained during the public hearing(s), as well as the recommendations of all township consultants and the planning commission in making a decision to approve or deny the PUD and development agreement.

d.

Prior to making a final decision, the township board may require revisions to the PUD plan and development agreement, as is deemed necessary to further the objectives of this section.

5.

Site plan and amendment procedure. Application for approval of each phase of the PUD shall be submitted and regulated under the standard site plan review process outlined in section 3.03 and/or section 3.04 as well as criteria a.—c. outlined above in subsection 3.

a.

Each phase of the project shall be in compliance with the approved PUD and development agreement signed and approved by the township. The PUD and development agreement shall not be amended without a majority vote of approval by the full township board (four votes), after review and recommendation by the planning commission. All amendments to the site plan and/or development agreement shall follow the same review procedures as outlined for the initial PUD approval.

b.

Development within the PUD property shall not be permitted to appeal specific standards of the zoning ordinance to the ZBA unless otherwise stated in the development agreement.

(Ord. No. 308.4, § 39, 8-13-2018; Ord. No. 308.5, §§ 32, 33, 4-26-2021)

1.

All such uses shall have ingress and egress directly onto a major thoroughfare having an existing or planned right-of-way width of at least 120 feet, as indicated on the master plan.

2.

All activities, other than parking of motor vehicles and loading and unloading, shall be conducted within a completely enclosed building, except for outdoor activity specifically approved and/or licensed by the township.

3.

No building shall be closer than 50 feet to any property line.

4.

No such uses shall abut an existing residential district on more than one side.

1.

A 30-foot wide landscaped greenbelt shall be provided along any property line that abuts a residential zoning district.

Minimum site size: One (1) acre.

1.

The site shall abut a roadway designated as either a regional or major thoroughfare in the Harrison Township Master Plan.

2.

There shall be provided an area of at least 50 square feet for each animal, including the area devoted to interior kennel space and runs.

3.

All interior building areas used for the keeping of animals shall be soundproofed.

4.

All animals shall be kept in soundproofed buildings between 8:00 p.m. and 8:00 a.m.

5.

Exterior dog runs and non-soundproofed interior buildings shall not be located closer than 200 feet to any lot line.

6.

Soundproofed interior buildings shall be located at least 100 feet from any property line.

7.

Exterior areas for the keeping of dogs shall be provided with fencing capable of confining the animals.

8.

All exterior dog runs shall be screened from view by adjoining parcels and the public road.

9.

The design and appearance of buildings used as animal boarding places shall be consistent with surrounding uses.

10.

One parking space shall be provided for every five kennel runs.

11.

All kennel runs and interior building areas shall have concrete floors or a suitable equivalent that can be easily cleaned.

1.

The proposed plan of operation shall be approved by the State of Michigan, Macomb County Health Department and Township Engineer and shall be subject to all EPA standards.

2.

All refuse storage, dumping and feeding shall be done within an enclosed structure.

3.

All ash and other incineration by-products shall be stored in an enclosed structure.

4.

Smokestacks shall be of a design and operated in a manner so as to preclude the emission of noxious odors and smoke which would interfere with the use of adjoining properties.

5.

The site shall be a minimum of 1,000 feet from any residential structure.

6.

All ingress and egress to incinerators shall be paved roads and driveways maintained in a dust free state.

1.

All stack storage and in-and-out boat storage, including all storage racks and access to said racks, shall be enclosed in a building. No such stack storage or access to such racks can be maintained on the grounds of the premises outside a building.

2.

The stack storage building shall comply in all respects with all building, height, zoning and site plan requirements for all other buildings in the waterfront district. Specifically, no building which will be used for stack storage of any vessel shall exceed 30 feet in height.

3.

In-and-out boat storage shall be prohibited unless there is on-site access for launching of the stored vessels. For the purpose of this section, the term "site" shall mean and include a single parcel of property for which a separate tax identification number exists, or any property contiguous to such parcel owned by the same person or legal entity which contiguous parcel includes on-site launching facilities. Contiguous property does not include property which is on the opposite side of the thoroughfare, trunk highway or other county road, regardless of the ownership of both parcels.

4.

The number of off-street parking spaces for any building in which stack storage of vessels is allowed, shall depend on the type of stack storage utilized. There shall be separate parking requirements for inventory storage areas and berthing or in-and-out storage areas.

a.

For buildings having berthing or in-and-out vessel storage, there shall be three-quarter parking space for each storage berth or space.

b.

For any building which includes both in-and-out storage and inventory storage areas, the parking requirements shall be a combination of the foregoing requirements and shall be determined based upon the number of in-and-out storage berths and the total area used for inventory storage purposes.

5.

There shall be posted in a conspicuous place in the storage facility, in clear view of all employees and customers of the facility, a sign of not less than 12 inches in height by 24 inches in length, listing the number of approved in-and-out berthing racks or spaces, as well as the number of racks or spaces approved for inventory storage. The lettering on said sign shall be presented in a clear and understandable fashion and shall not be less than six inches in height. At no time shall the number of boats stored in either category exceed the approved number of spaces, as posted.

6.

Parking spaces and/or yard spaces on the site shall not be used for the storage of boats during the dry storage season pursuant to the provisions set during the boating season. Such parking spaces may be utilized for the storage of boats during the winter storage season pursuant to the provisions of this ordinance.

1.

All such uses shall be located on a parcel of land which is surrounded by abutting land zoned industrial.

2.

All sides of the development not abutting a major thoroughfare shall be provided with a 20-foot wide greenbelt planting and fence or wall so as to obscure from view all activities within the development.

3.

No building or part thereof shall be erected closer than 100 feet from any property line.

Except as provided herein, wireless communication towers, including their respective transmission towers, relay and/or receiving antennas, and normal accessory facilities involved in television, radio, microwave, cable systems, cellular, personal communication, and similar communication services and facilities, shall be permitted as a special land use in the GC, WM and industrial districts, when found to be essential or desirable to the public convenience or welfare and in conformance with the following requirements:

A.

The applicant shall submit a written statement and technical verification regarding the nature of any transmissions, electromagnetic fields, or any other radiation emitted from the facility, and any potential hazards to humans, animals, and/or any other materials or property in the area. Further, communication towers and facilities shall be designed and operated to prevent broadcast interference with any equipment located on nearby properties.

B.

A written explanation of the design characteristics and ability of the structure(s) and attendant facilities to withstand winds, ice and other naturally occurring hazards shall be submitted. This information shall also address the potential for the tower or other mounting structure and/or antennae to topple over or collapse, and what tower configuration should be expected in such an event. Technical documentation of any information regarding these concerns shall also be provided. Monopole (stealth or equivalent type) antenna structures shall be required where such are technologically feasible. In all cases, communication towers shall be designed to blend into the surrounding environment to the maximum extent feasible.

C.

In order to maximize the efficiency of providing such services, while minimizing the negative impact of such facilities on the township, co-location of such facilities on an existing tower or other existing structure is required, when feasible. An applicant shall furnish written documentation as to why a co-location at another site is not feasible and whether they have, in fact, contacted the owners of existing facilities to determine if co-location is possible. If the application represents a new tower/antenna facility, the applicant shall provide a letter of intent to lease any excess space on a tower facility and shall commit itself to:

1.

Promptly responding to any requests for information from a potential co-user of their tower/antenna;

2.

Negotiate in good faith and allow for leased, shared use of the facility, when it is technically practical; and

3.

Make no more than a reasonable charge for a shared use lease.

D.

Approval of a communication tower facility shall not be granted until such time that the applicant has demonstrated all of the following:

1.

The proposed facility is needed because of proximity to an interstate highway or major thoroughfare, or is in proximity to areas of population concentration, or concentration of commercial, industrial, and/or business centers; or

2.

The proposed facility is needed because there are areas where signal interference has occurred due to tall buildings, masses of trees or other obstructions; and

3.

The proposed facility is needed because the telecommunications provider is unable to co-locate its facility with another provider or other structure; and

4.

The proposed facility is needed to complete its grid as it relates to the needs of Harrison Township and its surrounding communities, and that there are no suitable sites in any of said surrounding communities; and

5.

The proposed facility is designed to operate within the requirements for radio frequency emissions of the Federal Communications Commission and applicant has operated similar facilities within these requirements consistently.

E.

The development of a communication tower facility, together with accessory uses, shall be in such a location, size and character as to be compatible with the orderly development of the zoning districts in which it is situated and shall not be detrimental to the orderly and reasonable development or use of properties in the adjacent areas or the community at large. Furthermore, the location and improvement of facilities, as provided for herein, shall also be subject to the following additional requirements.

1.

Towers may be located in the GC, WM and industrial zoning districts after special land use approval, and provided the location of such facilities do not represent a hazard to the use and/or development of other uses on the site and in the area. The development of new towers is specifically prohibited in all other zoning districts in the township. The township strongly encourages the development of required towers on suitable township property. Consult with the township planning department with regard to township property locations prior to submitting an application.

2.

The site shall be of such size and shape that the proposed tower facility may be developed in compliance with all requirements of the township, and any such tower/antenna shall not exceed 150 feet in height above the average grade around the structure it is mounted upon.

3.

The tower site shall meet all township standards relating to drainage, lighting, landscaping, general safety and other applicable standards. All landscaping shall be placed in an aesthetically pleasing and functional manner. Such landscaping shall be incorporated along access drives servicing the tower site.

4.

All communication towers and facilities shall be surrounded by a six-foot fence to prevent unauthorized access and vandalism, six-foot high evergreen trees shall be placed at intervals of ten feet on center outside of said fence to screen the tower base and ancillary facilities.

5.

Lighting associated with communication towers and facilities shall comply with all applicable FAA regulations. Where tower lighting is required, it shall be shielded or directed to the maximum extent possible to minimize the amount of light that falls onto nearby properties.

6.

A 12-foot-wide paved access road shall be provided and maintained in a good condition to provide access for service and emergency vehicles. Such access road shall meet all township engineering design requirements.

7.

Setback requirements will be determined in relation to the tower/antenna design and collapse data previously required in this section. Minimum setback requirements, unless otherwise provided for, are as follows:

a.

When adjacent to non-residential zoning districts, the setback shall not be less than the overall height of the tower/antennas. This setback requirement shall also apply to any accessory buildings. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirements to any side or rear yard property line abutting a nonresidential zoning district may be reduced to one-half the overall height of the tower. In no instance shall any tower facility be located within a front yard. Accessory buildings shall be screened from view by an obscuring greenbelt.

b.

When adjacent to any residential zoning district, the tower setback shall not be less than the overall height of the tower/antennas, plus 50 feet. If the design and collapse data for the tower properly documents its ability to collapse down upon itself, the setback requirement to any side or rear yard property line abutting any residential district may be reduced to the overall height of the tower/antenna. In no instance shall any tower be located within a required front yard. Accessory buildings and uses shall be screened from the view of any public right-of-way and residential zoning district by an obscuring greenbelt.

c.

Further modifications to the side and rear yard setbacks may be considered when it is documented that the adjacent property is not buildable due to wetlands, floodplains or other significant limitations. It shall also be found that no adverse effects on reasonable development patterns in the area would be created by developing the tower.

8.

Cellular antennae and supporting structures shall be permitted to be attached to buildings and structures in all zoning districts whether or not they are accessory to the building use, subject to the following conditions.

a.

The principal use is a conforming use and the building is a conforming structure.

b.

If connected directly to the main building, antennae may be attached to any portion of the building. Such antennae or antennae with supporting structure may not exceed 20 feet in height.

c.

The structure that supports antennae may not exceed ten feet in height.

d.

Such antennae with supporting structure shall not be credited to the overall height of the building.

e.

Any structure that supports antennae shall be set back from the outermost vertical wall or parapet of the building, a distance equal to at least two times the height of such supporting structure.

F.

In addition to site plan review, the commission shall require an independent third-party review of an application for a communication tower facility. Such review shall be conducted by a professional engineer specializing in this type of communication technology and will be paid for by the applicant.

G.

All structures, buildings and required improvements shall comply with all other applicable codes and ordinances and shall be continuously maintained in a safe, healthful and complying condition. Every telecommunication provider with sites located in Harrison shall provide the township with an annual report disclosing the radio frequency emissions of each tower or antenna it has within the township, and require annual inspections of radio frequency emissions of each tower or antenna by the township to ensure that they are being operated within the requirements of the Telecommunications Act of 1996. The permit may include a requirement for periodic structural and safety inspections and reports, as deemed necessary by the township board. The township shall charge a fee for the annual inspection to cover its costs.

H.

A condition of every approval of a wireless communication facility shall be the adequate provision for the removal of the facility by users and owners when the facility has not been used for 180 days or more. Removal of the tower/antenna and its accessory use facilities shall also include removing the top three feet of the caisson upon which the tower is located and covering the remaining portion with top soil. For purposes of this section, the removal of towers, antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of non-use.

I.

The applicant shall deposit with the township, in a form which is satisfactory to the township, a performance guarantee in an amount established by the township board resolution as security for the removal of the tower if abandoned for use of cellular facilities.

J.

Timeframe for special land use review. After an application for special land use approval for a wireless communication facility is filed, the building official shall determine whether the special land use permit application is administratively complete within 14 business days of its receipt. The planning commission shall approve or deny the application not more than 90 days after the application is considered to be administratively complete. However, the planning commission may extend this deadline where it has been determined that the applicant has not provided sufficient information to demonstrate compliance with the requirements of this section or where reasonable additional time is necessary for the township or a third party to evaluate the submitted information to confirm compliance with the requirements of this section.

K.

Co-location on an existing communication tower.

1.

Pursuant to Public Act 110 of 2006, as amended, co-location is permitted on existing and approved wireless communication towers without a zoning permit, provided the following requirements are met:

a.

The proposed co-location will not increase the overall height of the tower by more than 20 feet or ten percent of its original height, whichever is greater.

b.

The proposed co-location will not increase the width of the tower by more than the minimum necessary to permit collocation.

c.

The proposed co-location will not increase the area of the existing equipment compound to greater than 2,500 square feet.

2.

Plans for co-location installation shall be administratively reviewed by the building official to verify compliance with the requirements herein. The building official shall complete his or her administrative review of the proposed co-location installation plans within 14 business days of his or her receipt of such plans.

3.

Co-location which does not meet any of the requirements of subsection K.1. above shall be subject to special land use review and approval by the planning commission.

L.

Replacement of an existing communication tower. An existing communication tower facility which was lawful at the time of its construction may be replaced for purposes of accommodating co-location of additional antenna, or otherwise, provided that the replacement tower facility does not exceed the original approved height, will be located within the same zoning lot as the existing tower facility, and will be located so as to maximize compliance with existing minimum yard requirements. Such installation shall be considered to be a permitted use of property, not subject to special land use permit approval. Further, the existing tower facility shall be removed within 180 days of the township's final construction inspection of the replacement tower facility.

1.

The building official shall determine that the application is administratively complete within 14 business days of its receipt. The building official shall approve or deny the application not more than 90 days after the application is considered administratively complete. Such review by the building official shall be without notice.

M.

Installation or replacement of equipment within an existing compound. Plans for the installation of new or replacement of wireless communication equipment within an existing communication tower facility compound shall be administratively reviewed by the building official to verify compliance with the requirements herein. The building official shall complete his or her administrative review of the installation plans within 14 business days of his or her receipt of such plans.

(Ord. No. 308.5, § 31, 4-26-2021)

A.

Yard waste composting facilities, those that manage the biological decomposition of organic matter under controlled, aerobic conditions and are registered with the MDEQ as a composting facility, may be permitted in industrial districts only, subject to the issuance of a special land use permit and compliance with the following conditions and standards:

1.

Only yard wastes shall be composted at such facilities, including leaves, grass clippings, brush, tree or shrub trimmings, and vegetable or other garden debris. Composting of any other compostable material shall only be permitted upon approval by the township. Yard waste consisting of invasive species, or diseased or infested materials shall not be accepted at the compost facility. Non-compostable materials, or those incapable of decomposing naturally or of yielding safe, non-toxic end products, shall be prohibited. Examples of non-compostable materials include, but are not limited to plastic, glass, textiles, rubber, metal, ceramics, styrofoam, and painted, laminated, or treated wood. Agricultural wastes, animal waste, sewage sludge, and garbage shall also be prohibited. Yard waste composting facilities shall be prohibited from receiving materials in plastic bags. The applicant shall describe the types of material that will be accepted by the facility, sources of incoming material, and the types of containers in which materials will be accepted. When the facility is in operation, the operator shall maintain records tracking the type, origin, and volume of incoming yard wastes and of compost transferred off site each month. The above records shall be made available to the township as well as the MDEQ.

2.

The decomposition process shall be properly managed and maintained in an aerobic condition to prevent odors which are generally agreed to be obnoxious to any considerable number of persons.

3.

The site shall be gently sloped and well drained. Ponded water shall not be permitted to collect on a yard waste composting site. A plan for collection, retention and drainage of storm water shall be provided for review and approval. Surface water drainage runoff must be controlled to prevent untreated leachate from leaving the facility and must be diverted from the compost and storage areas. Vegetation filtration of runoff prior to discharge off-site shall be accomplished by use of a 50-foot wide (minimum) perimeter strip/swale of grass, or similar measure. Detention basins may also be required following a recommendation from the Township's consulting engineer. The run-off drainage system shall be designed to accommodate an unusually long and heavy rainfall statistically shown to occur every 25 years.

4.

All operational areas shall have an engineered surface placed on top of a suitable compacted subbase. Composting pads shall be designed to support heavy equipment during all seasons and to prevent ruts from forming. Pads shall be permeable enough to allow water to percolate through the soil and to avoid standing water or ponding. The composting pad shall be graded with a slope that prevents ponding yet minimizes runoff.

5.

Yard waste composting facilities shall not be located in a 100-year floodplain, within 300 feet of a regulated wetland or water source, and/or within 2,000 feet from a type I or type IIA water supply well, 800 feet from a type IIB or type III water supply well or within four feet above groundwater. In addition such facilities shall not be location within 100 feet of a groundwater or private water well. The applicant shall provide a map and description of local surface water features, as well as an indication of groundwater regime including water table elevations.

6.

The operator shall provide sufficient equipment on-site to properly manage the composting process. As a minimum this shall include a front end loader or similar machinery for loading, unloading, turning, and aeration operations; a shredder for reducing new material to a smaller particle size for faster decomposition; a source of water or watering trucks; and a screen to improve the quality and marketability of the final product.

7.

The applicant shall submit a description of naturally occurring and planned buffer areas. No compostables shall be stored within 150 feet of any boundary of a yard waste composting facility site when the adjacent property is a road right of way or not zoned industrial. If the site abuts property with an existing residence or property shown as residential on the township zoning map or master plan, a buffer zone shall be maintained where no composting, storage, transfer or loading activities will take place equal to 200 feet from adjoining property lines. All buffer areas shall be maintained as vegetative strips to facilitate the filtration of pollutants.

8.

The applicant shall list sensitive land uses, including but not limited to schools, childcare facilities, homes for the elderly, health care facilities, and correctional facilities, within a two-mile radius of the proposed facility. The management or storage of yard clippings, compost, and residuals shall be located a minimum of 500 feet from a place of worship, hospital, nursing home, licensed day care center, or school, other than a home school.

9.

All site access roads or drives and all areas for employee parking shall be paved with asphalt or concrete. Internal haul roads may be unpaved unless paving is deemed necessary by the planning commission following a recommendation from the township's consulting engineer. As developed, a yard waste composting facility must provide accessibility to all points of the site with a surface capable of supporting rescue equipment and emergency vehicles. Materials on site shall be arranged so as to permit easy access to all such material for firefighting purposes.

10.

The volume of yard wastes handled by the facility shall not exceed 3,000 cubic yards of incoming yard wastes per acre per year of active composting area on-site, exclusive of access roads, service areas, parking areas, required buffer zones, and similar areas. The volume of finished compost stored by the facility shall not exceed 900 cubic yards per acre of active composting area on-site, exclusive of access roads, service areas, parking areas, required buffer zones, and similar areas.

11.

The operator shall provide a name, address, and phone number of the person responsible for operation of the site and who is also responsible for correcting all operational problems that may result in complaints being made to the township. A sign shall be posted at each entrance of the composting facility indicating the nature of activities at the facility, the facility name, operating hours, and an address and phone number for the operator.

12.

The operator understands and agrees that failure to maintain and operate the site in a responsible manner that minimizes the potential for adverse impacts on neighboring properties shall constitute grounds for enforcement action by the township.

13.

Access to the site shall be controlled to prevent unauthorized dumping during non-business hours. A description shall be submitted detailing the type of fencing and gates that will be used and where they will be located. The operator shall establish a procedure and mechanism for proper disposal of non-yard wastes at an approved sanitary landfill.

14.

A composting facility designed for anaerobic composting shall not be permitted unless otherwise approved by the township. Yard waste composting facilities shall operate in a manner that prevents anaerobic conditions from occurring. Treated yard waste shall be actively rotated in an aerobic condition. At a minimum, rotation should be done so that the internal temperature of windrow piles does not drop below 120 degrees Fahrenheit or rise above 140 degrees Fahrenheit on a consistent basis during the decomposition process. The temperature of windrow piles shall be monitored at least twice a week and the operator shall keep a record of the temperatures taken. Windrows shall be no higher than six feet and no wider than 12 feet at the base. There shall be a minimum of 20 feet between windrows. Limitations on windrow dimensions and distance between windrows may be modified by the planning commission after recommendation by the township's consulting engineer.

15.

In no instance shall yard waste accumulate on site for longer than two years before being finished and removed from the site. There shall be no speculative accumulation. The operator shall be responsible for maintaining the records necessary to demonstrate that speculative accumulation is not occurring.

16.

The operator shall submit a management and operational plan for the facility that demonstrates compliance with this ordinance and other applicable regulations. The plan shall describe or provide information pertaining to the following: site design considerations including material flow and other procedures; the location of different activity areas (e.g., receiving, windrows, curing, screening, and load out); provisions made for removing and disposing of waste materials found in incoming materials; volume limits and where the operator will send material if site limitations are achieved; typical Carbon to Nitrogen ratios for expected materials and how the materials will be mixed to maintain reasonable ratios for successful composting; planned processing activities from receipt at the gate through until sale to a buyer; the frequency with which the yard waste will be rotated; the steps that will be taken to maintain composting materials at the appropriate moisture content and temperature; the means by which the temperature and moisture of the compost piles will be measured: the steps that will be taken to ensure that the decomposition process will be properly managed and maintained in an aerobic condition; the monitoring, record keeping, and reporting program that will be maintained; the length of time for which yard waste will remain on the site; the applicant's staffing plan and how many people will be working on-site throughout the year; the operating staff's qualifications and what training is planned for both operations and safety; and a plan for how the operator will troubleshoot typical composting difficulties such as litter control, odor, inappropriate temperature, dust, noise, flies and pests, and neighborhood complaints.

17.

A comprehensive plan for sale of finished compost shall be established. The plan shall include a description of the proposed service area or customer base for the composting facility, the beneficial uses of finished compost materials, how the operator will ensure final product quality and overall marketability, how the operator will distribute finished materials, and the quantity of materials expected to be available for marketing. Finished compost shall contain not more than one percent by weight of foreign matter that will remain on a four-millimeter screen. Records of laboratory analysis of finished products are required per the Department of Environmental Quality.

18.

The operator shall provide plans showing all equipment maintenance and storage areas. An equipment maintenance structure shall be provided on-site. Plans shall show the location of all fuel storage facilities and shall detail primary and secondary containment for all hazardous materials, including product-tight containers for primary containment.

19.

A restroom facility sufficient in size to accommodate the facility's staff and an office providing space for administrative functions shall be constructed on-site.

20.

The operator shall have a plan for emergency response and shall ensure that firefighting equipment is available at the site and that personnel have been trained in firefighting procedures. Water equipment, such as water trucks, hydrants and hoses, or backpack spray units, is required for wetting organic material and for firefighting purposes. Sufficient quantities of water, noncombustible soil, and earthmoving/excavating equipment or the equivalent shall be maintained on-site for purposes of fire extinguishing. Where possible, the operator shall ensure that fire protection services are available to the site through notification to local fire protection officials.

21.

The applicant shall provide a study of the impact that truck traffic associated with the facility will have on public roadways, including a description of the volume of truck traffic that will be generated, with truck traffic estimates during peak and off-peak times; the type and quantity of incoming vehicles by season; the trucks' projected routes; the current condition of affected roadways and the impact that truck traffic is projected to have on their condition; and a plan for mitigating the impacts of truck traffic on area roadways. Because of the level of truck traffic associated with this use, direct access to a paved public roadway is required.

22.

All yard waste composting facilities shall be inspected several times per year based on a schedule established by resolution of the township board. These inspections shall be conducted by township officials and/or consultants engaged by the township. An inspection/permit fee for all yard waste composting facilities shall be established by resolution of the township board. The operator shall pay for all inspections necessary to verify compliance with this ordinance. Township officials and/or consultants engaged by the township shall be permitted entry to a yard waste composting facility for inspection purposes during normal operating hours to determine compliance with this ordinance and other applicable regulations. No person shall impede reasonable inspection of a composting facility by township officials and/or consultants engaged by the township.

23.

An inspection for insects, rodents, vermin, and other vectors shall be performed by a licensed pest control company at least semiannually.

24.

A test shall be performed at least semiannually to ensure that on-site soils and surface waters leaving the site are not contaminated by an excessive concentration of nitrogen, phosphorus, phenols, pesticides, and/or herbicides, and to ensure that untreated leachate is not leaving the facility. Soil samples shall be taken from the windrow area and detention basin, as applicable, and surface water samples shall be taken at the outlet from the detention basin, as applicable. An outside agency not engaged by the township, such as the Michigan Department of Environmental Quality, may perform these tests. The operator shall pay for all inspections necessary to verify compliance with this ordinance.

25.

Any yard waste composting facility shall be conducted in accordance with current standards established by the United States Environmental Protection Agency, the U.S. Department of Agriculture, the Michigan Department of Natural Resources, the Michigan Department of Environmental Quality and other government regulatory agencies. Copies of all Michigan Department of Environmental Quality applications/permits, if required, shall be provided to the planning commission as part of the application package.

26.

All internal roads and operation areas shall be kept dust free at all times.

27.

Noise and vibration emanating from a yard waste composting facility shall not exceed standards established in Article VII Performance Standards of Harrison Township's Zoning Ordinance or regulations of the State of Michigan.

28.

A description of the direction of prevailing winds and how the wind conditions will affect operations shall be submitted. Pile turnings shall be timed to coincide with favorable wind conditions. The operator shall not permit offensive odors to escape the boundaries of the yard waste composting facility and/or interfere with the enjoyment of adjacent properties. The operator shall submit a set of "low-odor" operating protocols and an odor response management plan that shall be employed in the event that the operator or township receives odor complaints during operation.

29.

The operator shall prevent organic material and/or other material such as debris or litter from scattering and/or blowing off the premises. If yard clippings are collected in bags other than paper bags, clippings shall be debagged by the end of each business day.

30.

Yard waste composting facilities shall be operated so as to prevent the attraction, harborage, or breeding of insects, rodents, vermin, and other vectors. If insects, rodents, vermin, or other vectors are detected, appropriate measures shall be taken to capture and/or exterminate them in an environmentally safe manner.

31.

The use must conform with the performance standards of this ordinance.

32.

A description of the composting experience and qualifications of the compost facility owner and operator must be submitted with the application for site plan review. A pollution incident history must be provided for any facilities previously owned or operated by the applicant. Disclosure of any and all lawsuits, legal actions, or regulatory actions taken against the applicant in the last five years, and their resolutions, is required.

33.

In the event that the township retains the services of an independent compost engineer to evaluate the site plan and operation/management plan, the proposed yard waste composting facility shall comply with the conditions of the compost engineer's review. A fee to be borne by the operator for review and evaluation of the plan by an independent compost engineer shall be established by resolution of the township board.

34.

The operator shall submit a bond, in an amount established by resolution of the township board, to guarantee restoration of the site in the event of abandonment and to guarantee cleanup of chemical or other hazardous spills

A.

If a building is to be located on the common boundary, site plan approval for such building shall not be granted unless the owner of the adjacent parcel grants the applicant a maintenance easement a minimum of five feet in width and parallel to the common boundary of the properties.