Sustainable design and environmental standards are established to preserve the short-term and long-term environmental health, safety and quality of Huntington Woods. No use that does not conform to the environmental standards set forth in this Article shall be permitted.

(Ord. No. 600, § 1, 1-8-2018)

A.

Intent. The intent of this section is to encourage the use of structural, vegetative or managerial practices, commonly referred to as best management practices (BMP's), designed to treat, prevent, or reduce degradation of water quality due to stormwater runoff. Where practical, all development projects subject to site plan review shall use best management practices (BMP's) to prevent flooding, protect water quality, reduce soil erosion, maintain and improve wildlife habitat, and contribute to the aesthetic values of the project. The particular facilities and measures required on-site shall reflect and incorporate existing grade, natural features, wetlands and watercourses on the site to the maximum extent feasible.

B.

Stormwater Management. All stormwater management plans shall meet the Engineering Standards adopted by Oakland County as determined by the City Engineer, and shall utilize nonstructural control techniques to the maximum extent feasible, including, but not limited to:

(1)

Limitation of land disturbance and grading.

(2)

Maintenance of vegetated buffers and natural vegetation.

(3)

Minimization of impervious surfaces.

(4)

Use of terraces, contoured landscapes, runoff spreaders, grass or rock-lined swales.

(5)

Use of infiltration devices.

C.

General Standards.

(1)

The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with the standards of the Oakland County Drain Commissioner.

(2)

Stormwater management conveyance, storage and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff and soil erosion from the proposed development.

(3)

Priority shall be placed on-site design which maintains natural drainage patterns and watercourses. Alterations to natural drainage patterns shall not create flooding or degradation of water quality for adjacent or downstream property owners.

(4)

The use of swales and buffer strips vegetated with desirable native materials is encouraged as a method of stormwater conveyance to decrease runoff velocity, allow for bio-filtration, allow suspended sediment particles to settle and to remove pollutants.

(5)

Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

(6)

Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the state department of environmental quality and the county drain commissioner, based upon professionally accepted principles; such a proposal shall be submitted and reviewed by the city engineer, with consultation of appropriate experts.

(7)

Drainage systems shall be designed to protect public health and safety and to be visually attractive, taking into consideration viable alternatives.

D.

Prohibitions. Any person engaged in activities which will or may result in pollutants entering storm sewers, detention facilities, and other stormwater management facilities shall undertake reasonable measures to reduce such pollutants. Examples of such activities include, but are not limited to:

(1)

Improper application, overuse, and disposal of deicing materials, herbicides, pesticides, and fertilizers.

(2)

Topsoil or other landscaping materials entering storm sewers, detention facilities, and other stormwater management facilities.

(3)

Washing out concrete trucks or equipment into storm sewers, detention facilities, and other stormwater management facilities.

(Ord. No. 600, § 1, 1-8-2018; Ord. No. 622 , § 1, 2-4-2020)

A.

Active and passive accessory roof mounted solar energy devices, systems or structures shall be permitted in all zoning classifications by right, subject to site plan review in accordance with Article 7.

B.

Separate, non-integrated, flush-mounted solar panels shall be located on a rear- or side-facing roof, which do not front any street, unless such installation is proven to be ineffective or impractical as determined by the Planning Commission. Such system shall not project vertically above the peak of the roof to which it is attached, or project vertically more than three (3) feet above a flat roof installation.

C.

Integrated flush-mounted solar panels installed on a building or structure with a sloped roof surface shall not project vertically above the peak of the roof.

D.

Ground-mounted solar systems are not permitted.

(Ord. No. 600, § 1, 1-8-2018)

A.

Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.

B.

Fire and Explosive Hazards. Any activity, or storage and handling of flammable and combustible liquids, liquefied petroleum gases, and explosives shall comply with applicable State of Michigan requirements.

C.

Noise.

(1)

Definitions. For the purpose of this section, all terminology used in this section, not defined in this section, shall be in conformance with the applicable publications of the American National Standards Institute (ANSI). The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network as specified in the American National Standards Institute Standard S1.4-1983, or its successor provision. The sound pressure level so read is designated dB(A) or dBA.

(b)

Authorized city official means all designated Huntington Woods Public Safety Officers, Building Officials or Code Enforcement Officers, authorized to investigate all complaints of violation of this section and who are further authorized to issue municipal civil infractions.

(c)

City commission means the City Commission of the City of Huntington Woods.

(d)

Commercial area means property zoned for uses other than residential or parks-recreation, regardless of whether the property has a commercial use.

(e)

Continuous sound means any sound with a duration of more than one (1) second, as measured with a sound level meter set to the "fast" meter response.

(f)

Decibel (dB) means a unit of sound pressure level on a logarithmic scale measured relative to the threshold of audible sound by the human ear, in compliance with the American National Standards Institute Standard S1.4-1983, or its successor provision.

(g)

Extraneous sound means a sound which is relatively intense, intermittent and of short duration and is neither part of the neighborhood residual sound, nor comes from the sound source under investigation. The sources of extraneous sound are noted, but excluded from all measurements (e.g., passing vehicle or distant train).

(h)

Immediate vicinity means any distance beyond the property line of the parcel or lot from which the source of noise or disturbance is emanating as determined by the authorized city official during the course of investigating a complaint of noise disturbance.

(i)

Motor vehicle means every vehicle which is self-propelled whether or not licensed or intended for use on the public roads.

(j)

Neighborhood residual sound level means that measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time. Neighborhood residual sounds are differentiated from extraneous sounds by the fact that the former is a steadier state, although they may not be continuous.

(k)

Parks-Recreation means Parks and Recreation District as defined by the Huntington Woods Code of Ordinances.

(l)

Person means any owner, lessee or occupant of property, including any individual, corporation, business or other entity; "person" also means any individual in any public place or any private place open to the general public.

(m)

Property line means the imaginary line which represents the legal limits of property owned, leased, or otherwise occupied by a person or business entity. In cases involving sound from an activity on a public right-of-way, the property line shall be the nearest boundary of the public right-of-way.

(n)

Public right-of-way means the entire easement width or ownership interest of any publicly dedicated street, avenue, boulevard, highway, sidewalk, alley or similar place.

(o)

Residential area means property used for temporary or permanent dwelling purposes.

(p)

Sound level meter means an instrument used to measure sound pressure levels. This instrument shall comply with the standards for type 1 or type 2 sound level meters as specified in the American National Institute Standard ANSI S1.4-1983, or its successor provision.

(q)

Sound pressure level means 20 times the logarithm to the base ten of the ratio of the RMS sound pressure to the reference pressure of 20 micropascals. This sound pressure level is expressed in decibels (dB).

(r)

Total sound level means that measured level which represents the summation of the sounds from the sound source under investigation and the neighborhood residual sounds which affect a given place at a given time, exclusive of extraneous sound sources. (Ord. No. 576, § 1, 6-16-2015)

(2)

Interference with sound monitoring equipment. No person shall remove or render inaccurate or inoperative any sound level meter or any similar monitoring instrument or device positioned for the purpose of enforcing the provisions of this section. (Ord. No. 576, § 1, 6-16-2015)

(3)

Prohibited acts; purpose generally. It is the purpose of this article that no person shall create, assist in creating, continue or permit the continuation of any excessive or unnecessarily loud disturbance of noise of a high volume or intensity which is clearly audible and disturbs, annoys or endangers the safety of others beyond the immediate vicinity of the disturbance ("noise disturbances"). Those noise disturbances not in compliance with Section 40-9.04.C(4) or Section 40-9.04.C(5) shall be a violation of this article. (Ord. No. 576, § 1, 6-16-2015)

(4)

Prohibited acts; specifically. No person shall commit or cause to be committed any of the following acts of noise disturbance which are deemed a violation of this section:

(a)

The sounding of any horn, car alarm or signaling device in any vehicle while not in motion except as a danger signal, or where the car alarm is properly used or to give warning of intent to enter a lane of traffic.

(b)

The playing or use of any battery or electrically powered or electronic sound-producing or amplifying device, speaker or instrument, including a musical instrument, in such a manner or in such a loud volume or intensity, at any time or place, that exceeds permissible sound levels in Section 40-9.04.C(5).

(c)

The sound created by any domesticated animal kept or maintained by any person, when such animal creates a noise disturbance that is frequent or continued and clearly audible at a distance within or beyond the immediate vicinity of the noise as determined by an authorized city official.

(d)

No person shall create a noise disturbance in or with a motor vehicle, motorcycle, or other motorized equipment so as to disturb or destroy or endanger the peace, comfort or repose of a person within or beyond the immediate vicinity of the source of the noise disturbance as determined by an authorized city official. No person shall operate a motor vehicle, motorcycle, or other motorized equipment without a properly functioning muffler.

(e)

Engaging in the erection, including excavating therefor, demolition, alteration or repair of any building, and the excavation of streets and highways, at any time on Sundays, and on other days, except between the hours of 8:00 a.m. and 9:00 p.m. (or between 7:00 a.m. and 9:00 p.m. on properties in Parks and Recreation District, unless a permit is first obtained from the City Manager. (Ord. No. 576, § 1, 6-16-2015)

(5)

Maximum permissible sound levels for amplified sounds and mechanical devices. Use of any loud speaker, amplifier or other instrument or device, whether stationary or mounted on a vehicle for any purpose, except by speakers in the course of public address which is noncommercial in character (recognized First Amendment speech), shall be subject to the following:

(a)

Continuous sound.

1.

No person shall cause, suffer, allow, or permit the operation of any source of amplified sound on any property or in the public right-of-way in such a manner as to create a sound level that exceeds the sound level limits listed in Table 9.04.C(5) as measured at any location at or within the property line of another person's property. A sound source shall not continuously exceed the sound level listed in Table 9.04.C(5) for longer than the period of time defined in Section 40-9.04.C(5)(a)2.). Sound pressure levels in excess of those established in for the period of time in 40-9.04.C(5)(a)2.)., shall constitute prima facie evidence that such sound is in violation of this Code.

TABLE 9.04.C.(5)
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS DB(A)

2.

The limits defined in Table 9.04.C.(5) may not be exceeded continuously for more than one minute.

3.

Nothing in this section supersedes the requirements of employers to comply with the Occupational Noise Exposure Standard of the Occupational Safety and Health Administration (29 CFR Part 1910.95). Compliance will help conserve workers' hearing, and reduce potential liability for the source.

(b)

Steady pure tones. If the sound source under investigation is a mechanical device, and is in the authorized city official's opinion emitting a sound with a steady tonal quality, the maximum permissible sound level limits in Table 9.04.C(5) shall be reduced by 5dB. The sound emissions must be comprised of a single frequency and/or its harmonics, which may be referred to as a tone, whine, hum or buzz. Such sound sources include, but are not limited to: heating, ventilating or air conditioning units; refrigeration units; and transformers. (Ord. No. 576, § 1, 6-16-2015)

(6)

Procedures for the determination of sound levels. The sound level shall be measured with a field calibrated sound level meter. The sound level meter shall conform with ANSI S1.13 of 1973, or its successor provision. The DB(A) methodology will be used to measure sound levels, and the meter readings will be set for a fast response. (Ord. No. 576, § 1, 6-16-2015)

(7)

General exemptions. The following activities are exempted from specific prohibited acts and/or the sound pressure level limitations set forth in Section 40-9.04.C(5):

(a)

Emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster; to restore public utilities; or to protect persons or property from imminent danger.

(b)

Sounds made to alert persons to such emergency, danger or attempted crime.

(c)

Parades, concerts, festivals, fairs or similar activities, if approved by the City Commission, subject to any sound pressure limits specified in the City Commission's approval.

(d)

Athletic, musical or cultural activities or events (including practices and rehearsals) conducted by or under the auspices of public or private schools.

(e)

Bells, chimes or carillons while being used in conjunction with an ongoing religious service.

(f)

Sounds created while conducting yard work or lawn maintenance between the hours of 8:00 a.m. and 9:00 p.m. including, but not limited to, lawn mowing, leaf blowing, brush clearing, the use of chain saws, etc. However, no more than two gas-powered pieces of equipment shall be permitted to be used or operated at any one time on any single residential property.

(g)

Sounds created during new construction, remodeling or maintenance activities on a building or structure between the hours as specified in Section 40-9.04.C(4), subject to the limitation that no more than two gas-powered machines shall be operated or in use at one time on any single residential property.

(h)

Sounds created while removing snow or cleaning streets, roads, driveways, parking lots or sidewalks necessary to allow safe access and transport.

(i)

The use of fireworks in compliance with State law and City ordinance. (Ord. No. 576, § 1, 6-16-2015)

(8)

Temporary exemptions.

(a)

The City Manager is authorized to grant a temporary exemption from the provisions of this section if such temporary exemption would be in the public interest, and if there is no feasible and prudent alternative to the activity or the method of conducting the activity for which the temporary exemption is sought.

(b)

The following factors shall be considered by the City Manager in determining whether to grant a temporary exemption:

1.

The hardship to the applicant, the community and other persons if the exemption is not granted, balanced against the adverse impact on the comfort, repose, health, peace or safety of persons if the exemption is granted;

2.

The nearness of any residence or residences, or any other land use which would be adversely affected;

3.

The sound pressure level to be generated by the activity for which the temporary exception is sought;

4.

Whether the type of sound to be produced by the activity is usual or unusual for the location or area for which the exemption is requested;

5.

The density of population in the area where the activity is to take place; and

6.

The time of day or night during which the activity will take place.

(c)

A temporary exemption may be granted only for the period of time that is reasonably necessary to conduct the activity, up to thirty (30) days, which may, if necessary be extended by the city commission upon written request by the applicant. (Ord. No. 576, § 1, 6-16-2015)

(9)

Liability of owner, lessee or occupant. If the person responsible for an activity which violates this section cannot be determined, the owner of the property upon which the activity is located shall be deemed responsible for the violation unless the property is leased or occupied by persons other than the owner, in which case the lessees or occupants in possession and/or control of the property shall be responsible for the violation. (Ord. No. 576, § 1, 6-16-2015)

(10)

Enforcement.

(a)

This section governs the initiation of enforcement actions and the imposition of civil penalties for violations of this Code.

(b)

If a person violates any provision of this Code, or an order issued, the city may institute an action in a court of competent jurisdiction for injunctive relief to prohibit and prevent such violation or violations and the court may proceed in the action in a summary manner.

(c)

Any person who violates any provision of this Code is guilty of a municipal civil infraction. Each day during which the violation continues shall constitute an additional, separate and distinct violation.

(Ord. No. 600, § 1, 1-8-2018)