A person shall not cause or permit to be discharged into the atmosphere from a single source of emission, visible air contaminant of a density darker than No. 1.0 of the Ringelmann Chart or not more than 20% opacity except:

The density of an air contaminant emission shall be measured at the point of its emission, except when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.

Darkness of a visible emission of an air contaminant shall be graded by using the Ringelmann Chart or by means of a device or technique which results in a measurement of equal or better accuracy.

Opacity of a visible emission of an air contaminant shall be graded by observers trained by and certified by the Air Pollution Control Division, Wayne County Health Department.

No person, firm or corporation shall operate or cause to be operated, maintained or cause to be maintained, any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, without maintaining and operating, while using said process or furnace or combustion device, recognized and approved equipment, means, method, device or contrivance to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air, which is operated in conjunction with said process, furnace, or combustion device so that the quantity of gas-borne or airborne solids shall not exceed those allowed by the Wayne County Air Pollution Control Regulation.

Method of measurement. For the purpose of determining the adequacy of such devices, these conditions are to be conformed to when the percentage of excess air in the stack does not exceed 50% at full load. The foregoing requirement shall be measured by the ASME test code for the dust-separating apparatus. All other forms of dust, dirt, and fly ash shall be completely eliminated insofar as escape or emission into the open air is concerned. The Building Official may require such additional data as is deemed necessary to show that adequate and approved provisions for the prevention and elimination of dust, dirt, and fly ash have been made.

Air contaminants and water vapors. A person shall not cause or permit the emission of an air contaminant or water vapor in quantities that cause, alone or in reaction with other air contaminants, either of the following:

Odors.

It is the goal of the Township to minimize lighting levels to reduce off-site impacts, prevent the reflection and glare of light in a manner which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses, and to promote "dark skies" in keeping with the rural character of Huron Township.

When site plan review is required, all lighting, including signage and ornamental lighting, shall be shown on site plans in sufficient detail with appropriate photometric studies to allow determination of the effects of such lighting upon adjacent properties, traffic safety, and overhead sky glow. The objectives of these specific actions are to minimize undesirable on-site effects.

Only metal halide lighting shall be permitted. For all nonresidential uses, full-cutoff shades are required for light sources so as to direct the light onto the site and away from adjoining properties. The light source shall be recessed into the fixture so as not to be visible from off site. Building- and pole-mounted fixtures shall be parallel to the ground. Wall-pack type lighting shall be prohibited.

Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels when measured at five feet above grade do not exceed 0.1 footcandle along property lines. Lighting for uses adjacent to nonresidential properties shall be designed and maintained such that illumination levels do not exceed 0.3 footcandle along property lines.

Where lighting is required, maximum light levels shall not exceed 25 footcandles directly beneath a light fixture. Lighting levels shall not exceed three footcandles as measured directly between two fixtures. The Planning Commission may allow for an increased level of lighting above maximum permissible levels when determined that the applicant has demonstrated that such lighting is necessary for safety and security purposes.

For the purposes of this section, all lighting measurements shall be taken at five feet above ground level.

For parking lots of less than 100 parking spaces, lighting fixtures shall not exceed a height of 16 feet measured from the ground level to the center line of the light source. For parking lots of more than 100 spaces, lighting fixtures shall not exceed a height of 18 feet measured from the ground level to the center line of the light source. The Planning Commission may allow for an increased height when determined that the applicant has demonstrated that the additional height is necessary for safety and security purposes.

Signs shall be illuminated only in accordance with the regulations set forth in this chapter. In addition, signs within residential districts shall not be illuminated.

Protect and preserve the appearance, character, and value of the community.

Minimize noise, air, and visual pollution.

Improve the overall aesthetics and appearance, divide the expanse of pavement, and define parking areas and vehicular circulation within off-street parking lots and other vehicular use areas.

Require buffering of residential areas from more intense land uses and public road rights-of-way.

Prevent soil erosion and soil depletion and promote subsurface water retention.

Encourage an appropriate mixture of plant material, including but not limited to evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design.

Encourage the integration of existing woodlands in landscape plans.

Location, spacing, size, root type and descriptions for each plant type.

Typical straight cross section, including slope, height, and width of berms.

Typical construction details to resolve specific site conditions, including but not limited to landscape walls and tree wells used to preserve existing trees or maintain natural grades.

Details in either text or drawing form to ensure proper installation and establishment of proposed plant materials.

Identification of existing trees and vegetative cover to be preserved.

Identification of grass and other ground cover and method of planting.

Identification of landscape maintenance program, including statement that all diseased, damaged, or dead materials shall be replaced in accordance with standards of this chapter.

Upon any improvement for which a site plan is required, a landscape buffer shall be constructed to create a visual screen at least six feet in height along all adjoining boundaries between either a conflicting nonresidential or conflicting residential land use and residentially zoned or used property (see Exhibit 1). A landscape buffer may consist of earthen berms and/or living materials so as to maintain a minimum opacity of at least 80%. Opacity shall be measured by observation of any two square yard area of landscape screen between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard based upon reasonably anticipated growth over a period of three years.

Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence shall be required by the Township. Such wall or fence shall be a minimum of six feet in height as measured on the side of the proposed wall having the higher grade (see § 530-45, Fences, walls and screens). A required wall shall be located on the lot line except where underground utilities interfere and except in instances where this Zoning Ordinance requires conformity with front yard setback requirements. Upon review of the landscape plan, the Township may approve an alternate location of a wall. The Township shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, precast brick face panels having simulated face brick, stone or wood.

Required landscaping within parking lots. Separate landscape areas shall be provided within parking lots in accordance with the following requirements and Exhibit 2:

Required landscaping at the perimeter of parking lots. Separate landscape areas shall be provided at the perimeter of parking lots in accordance with the following requirements and Exhibit 3:

The greenbelt shall be landscaped with a minimum of one tree for every 30 lineal feet, or fraction thereof, of the entire parcel perimeter. Nonornamental deciduous trees within a greenbelt shall be a minimum caliper of 2 1/2 inches or greater. Evergreen trees within a greenbelt shall be a minimum height of six feet.

If ornamental deciduous trees are substituted for either nonornamental deciduous trees or evergreen trees, they shall be provided at a minimum of one tree for every 20 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Ornamental deciduous trees within a greenbelt shall be a minimum caliper of two inches or greater.

Existing trees may be counted towards the greenbelt planting requirements, provided they are located within the perimeter setback area as defined above. However, mitigation/replacement trees may not be used to satisfy the greenbelt planting requirements.

In addition to the required trees within the greenbelt, the remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and other natural landscape materials.

Access drives from public rights-of-way through required greenbelts shall be permitted, but such drives shall not be subtracted from the lineal dimension used to determine the minimum number of trees required.

The only circumstance under which the greenbelt depth can be modified is as follows:

Retention/detention pond/basin zones.

Minimum planting standards by zone.

Street trees. The frontage of all internal public or private streets shall be landscaped in accordance with the greenbelt requirements of § 530-117F. Such street trees shall meet the minimum size and spacing requirements set forth in § 530-117L.

Screening between land uses. Where a subdivision or site condominium contain uses which are defined as conflicting land uses by this chapter, the screening requirements set forth in § 530-117D shall be met.

Screening from public roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in § 530-117D shall be met.

Front yard landscaping. No less than 50% of all front yards shall contain pervious materials, including but not limited to sod (not seed), ground cover, hedges, trees, etc.

Wetland and watercourse buffers. No less than a twenty-five-foot buffer shall be maintained upland from the ordinary high water mark of a wetland and/or watercourse. No structures or exotic invasive plants (see § 530-117K) may be placed within the buffer. The area shall also be maintained in its natural state, free of turf grass and the use of native plantings is encouraged.

Water supply. All landscaped common areas shall be provided with a readily available and acceptable water supply, or at least one outlet within 100 feet of all planted material to be maintained. Adequate provisions may also be accomplished by installation of an irrigation system or outside hose bibs of sufficient quantity and location to provide water for the landscape common areas.

Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping. Where applicable, all such areas shall be sided or hydro-seeded to minimize weeds and invasive species.

Outside trash disposal containers shall be screened on all sides with an opaque fence or wall, and gate at least as high as the container, but no less than six feet in height, and shall be constructed of material which is compatible with the architectural materials used in the site development.

Containers shall be consolidated to minimize the number of collection sites, and located so as to reasonably equalize the distance from the buildings they serve.

Containers and enclosures shall be located away from public view insofar as possible.

Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of six thirty-gallon cans or more. Aprons shall be provided for loading of bins with a capacity of 1.5 cubic yards or more.

For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

Screening and gates shall be of a durable construction.

Quality. Plant materials shall be of generally acceptable varieties and species, free from insects and diseases, hardy to southeast Michigan, conform to the current minimum standard of the American Association of Nurserymen, and shall have proof of any required governmental regulations and/or inspections.

Size. In determining conformance with the planting requirements of this chapter, all plant material shall be measured in accordance with the current American Standard for Nursery Stock, ANSI Z60.1.

Composition. A mixture of plant material, including but not limited to evergreen deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended rather than a large quantity of different species to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement. The following are species that are prohibited because they are not native to the area (evolved in a country or region other than Wayne County, Michigan), reproduce profusely (have no natural controls) and have potentially harmful effects on natural ecosystems (able to out-compete and gradually displace native plants):

Installation, maintenance, and completion.

Berms. Unless otherwise required by the Planning Commission, a berm within a commercial or industrial zoning district shall be a maximum height of six feet with a side slope no steeper than 3:1 (three feet horizontal to one foot vertical). A berm within a residential zoning district shall be a maximum height of four feet with a side slope no steeper than 3:1 (three feet horizontal to one foot vertical). The top of all berms shall have a level horizontal area of at least four feet in width. The Township encourages undulation in the height of the berm subject to review and approval of the berm design as shown on the site plan. The berm shall be graded in a manner that will blend with existing topography, shall be graded smooth, and shall be appropriately sodded, seeded and mulched, or planted. Included as part of the berm shall be deciduous shade trees, small deciduous ornamental trees and/or evergreen trees planted along the berm area. [2]

Existing trees. The preservation and incorporation of existing trees is encouraged. See Chapter 493, Tree Protection, as amended, for all applicable tree preservation and mitigation requirements.

The operation of power tools or equipment.

The sounding of any bell, chime, siren, whistle or similar device, except:

The operation or playing of any radio, television, phonograph, audio equipment, drum or musical instrument, and the creation or activity of music.

Construction, repair, remodeling, demolition, drilling or excavation work other than between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Saturday. It is further prohibited on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day, except as permitted in Subsection B.

The operation or use of any loudspeaker, sound amplifier, public address system or similar device used to amplify sounds indoors or outside the premises.

The creation of any loud, unnecessary noise in connection with the loading or unloading of any vehicle or the opening and closing or destruction of bales, boxes, crates or other containers.

Use of any drums, loudspeakers, musical devices or other instruments or devices for the purposes of attracting attention by the creation of noise to any performance, show or sale or display of merchandise.

It shall be unlawful for any person to own, harbor or keep any dog which shall cause annoyance or disturbance to people in the neighborhood or people on the streets of the neighborhood by loud or frequent or habitual barking, howling or yelping.

Otherwise lawful regular or permitted activities or operations of governmental units or agencies.

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

Devices or activity creating sound made to alert persons to the existence of an emergency, danger or attempted crime.

Regular activities or operations of an airport.

Any vehicle or equipment designed and used for the purpose of snow and/or ice removal, or garbage/trash removal, when in use for such purposes.

Other activities as approved by the Township as specified in Subsection C.

An application for a permit to engage in any activity, noise or use which would otherwise violate Subsection A of this chapter must be made in writing and submitted to the Township Clerk. Application shall be made at least 30 days prior to the date of the proposed use or event. The applicant requesting the permit must be the taxpayer of record for the property on which the use or event will take place. The application shall contain all of the following information:

Upon receipt of the application by the Township Clerk, copies of the application shall be forwarded to the Huron Township Police and Fire Departments, and to such other appropriate agencies as the Township Clerk shall deem necessary. Such officers and officials shall review matters relevant to the application and within 10 days of receipt thereof, shall report their findings and recommendations to the Township Supervisor.

Within 20 days of the filing of the application, the Township Supervisor shall issue or deny a permit. The Township Supervisor may attach reasonable conditions to the issuance of a permit. Where conditions are imposed as prerequisite to the issuance of a permit, or where a permit is denied, within five days of such action, notice thereof must be mailed to the applicant, and in the case of denial, the reasons therefore shall be stated in the notice. A denial (or condition attached to an approval) may be appealed to the Township Board if the applicant files a written notice of appeal with the Township Clerk within 10 days of the date of the Township Supervisor's decision.

Complaints. Complaints by a resident or property owner in the Township regarding any violations of this chapter shall be filed with the Township Zoning Administrator or his/her designee.

Enforcement. The Township Zoning Administrator is hereby authorized, empowered and directed to enforce all provisions of this chapter and any subsequent amendments hereto (including issuing misdemeanor tickets).

Upon submission of a site plan.

Upon any changes of use or occupancy of a structure or premises.

Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.

Aboveground storage and use areas for hazardous substances.

Underground storage tanks.

Loading and unloading. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.