Lawrence Township City Zoning Code

Twelve copies of a preliminary sketch plan. In this instance, the applicant will be required to complete the site plan review process of Article VIII after completion of the special use permit procedure. Additional copies may be required.

A complete application for site plan review, including application form, final site plan and all applicable fees. In this instance, the site plan review process will be conducted simultaneously with the review of the special use permit and in conformance with Article VIII of this chapter.

An application complying with the provisions of this chapter shall be scheduled for public hearing by the Planning Commission.

An application made without full compliance with this chapter shall be returned to the applicant, with a request with the missing information.

An application which is incomplete shall not constitute submission as to commence the running of time for processing the application.

All documents shall be submitted to the Building Official no later than 15 days before the hearing at which the application will be considered.

It shall be incumbent upon the applicant to furnish adequate evidence in support of the proposed use complying with the provisions of this chapter. It shall be the obligation of the applicant to furnish sufficient evidence or proof of ongoing compliance with the provisions of this chapter.

Until a special use permit has been issued for any use requiring the same in this chapter, and until a proper building permit has been granted pursuant to the special use permit, there shall be no construction, as defined by MCLA § 125.1502a(n), or excavation on said land, nor shall there be made any use of land related to the request for the special use permit except as provided herein. While a special use permit application is pending, a limited building or demolition permit application may be submitted if no objection to its submission is raised by the Planning Commission at a regular or special meeting of the Planning Commission following the submission of the special use application.

The request to submit a limited building or demolition permit application may be made on the special use permit application itself, or in a separate request submitted at or before the initial hearing on the special use permit application.

The Planning Commission shall consider the Building Inspector's opinion, the proposed special use, the likelihood of granting the special use permit, the impact on the neighboring properties and the community if a structure is built or demolished in whole or in part and the special use permit is denied, and any other factors the Planning Commission considers relevant.

The granting of a limited building or demolition permit is not an approval of any special uses, building, structure, or excavation locations, or other matters depicted, referred to, or implied in any documents submitted with the limited building or demolition permit or special use permit application. Further, any work done pursuant to a limited building or demolition permit may need to be modified, redone, or removed in light of requirements of the Planning Commission or the Township Board for approval of the special use permit.

The Township Planning Commission shall review the particular circumstances of the special use request under consideration in terms of the following standards and shall recommend its approval only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter.

A special use permit shall be valid for as long as the permitted use continues in accordance with the terms stated therein, unless otherwise stated in the special use permit. If there is not compliance with the terms of the special use permit within six months from the date of its issuance, then it shall automatically expire and be of no further effect or validity. Approval of a special use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by subsequent owner.

The Township Clerk shall notify the applicant, in writing, mailed to the address listed on the application that such special use permit has expired.

Result in a more efficient development pattern with shorter streets and utility networks.

Preserve existing natural assets, such as stands of trees, floodplains, open fields and the like.

Accomplish a more desirable residential environment than would be possible through the strict application of minimum requirements of this chapter.

Encourage the utilization of open space and the development of recreational facilities generally located within a reasonable distance of all living units.

Develop property as individual lots or common building sites. Common land and open space are essential elements of the plan related to affecting the long-term aesthetic and economic values of the entire development.

Provide for supportive amenities, such as recreational uses, which, in the opinion of the Planning Commission, are in conformance with the Comprehensive Development Plan and the objectives of the proposed development.

Provide for planned professional office/research working environments in conjunction with the planned living environments, which enhance the residential stability and economic base of Lawrence Township through the application of the special use permit process.

Minimum project area. Minimum project area allowable for a PUD shall be 15 acres.

Location. Planned unit developments may be located in those districts as designated upon recommendation of the Planning Commission and approval by the Township Board of Trustees.

Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:

Performance objectives.

Density. The density (dwelling units per acre) in a PUD shall not exceed the density of the zone in which it is located. When more than one zone is involved, the density of the project will be the average of the zones, weighted in direct proportion to the size of the property within the project in each zone. Only 1/2 of the total portion of the site comprised of floodplain, swamps, (wetland) or a water body may be used in the calculation of densities of a project.

Open spaces. "Common open space" is defined as parcel or parcels of land or an area of water or a combination of land and water designed and intended for the use or enjoyment of the residents of the PUD or of the general public. Common open space does not include proposed street rights-of-way, open parking area, or commercial areas. Common open space may contain accessory structures and improvements necessary or desirable for religious, educational, noncommercial, recreational or cultural uses. A variety of open space and recreational areas is encouraged, such as children's informal play areas in close proximity to individual dwelling units, according to the concentration of dwellings; formal parks; picnic areas; playgrounds; and scenic open areas and communal, noncommercial recreational facilities.

Circulation facilities. The arrangements of public and common ways for pedestrian and vehicular circulations shall be coordinated with other existing or planned streets in the area.

The PUD's landscape plan shall meet the requirements of Article VIII (Site Plan Review).

The PUD's site plan shall meet the requirements of Article VIII (Site Plan Review).

The PUD may be developed in stages or phases, but must receive conceptual approval for future states and final site plan approval prior to construction of each state or phase.

Initial construction on the first phase of the project must begin within two years of approval from Lawrence Township.

In the opinion of the Building and Zoning Official, amendments to the approved PUD which increase the intensity of use or increase the impact on adjacent properties must be resubmitted to the Planning Commission for review and approval.

Upon approval of the PUD, the applicant shall develop, with the Township, a development agreement to ensure that all of the customary municipal improvement required by existing ordinances and regulations will be properly made and that funds will be made available by the applicant to ensure the installation of certain site improvements prior to any permits being issued.

Financial guarantee shall be required by the Township in the form of a cash deposit, certified check, bond or other financial guarantee/instrument acceptable to the Township to ensure compliance with such requirements as infrastructure, drives, walks, parking, landscaping, or other features of the development.

The financial guarantee shall be deposited with the Township at the time of issuance of the permit authorizing the project or activity. The Township shall release portions of the guarantee as work is completed on the project or activity and accepted by the Township Board.

The developer shall establish a separate escrow account with the Township to cover such additional review costs as engineering, legal, or other professional assistance as may be required.

Preapplication conference. Prior to submission of an application for a planned unit development, the applicant shall meet with the Building Official and other appropriate staff to outline the fundamental elements of the proposed development (location, acreage, residential density, nonresidential density, building types, specific uses, open space and natural features and proposed circulation). The applicant shall receive at the preapplication conference an explanation of ordinance requirements, procedures, and estimated time lines.

Preliminary development concept. Prior to setting a public hearing on an application for a special use permit, the Planning Commission is required to review and comment on the preliminary development concept for the proposed PUD. The intent of the Planning Commission review is to provide as much feedback as possible on the applicant prior to the official public hearing as required in Article VIII. Prior to the Planning Commission's review of the preliminary development concept, the following information shall be submitted:

The special use permit application and all supportive materials shall be submitted at least 30 days prior to the scheduled public hearing for the PUD.

The application and supportive materials shall contain a site plan, which contains the information submitted for the preliminary development plan, plus the following information:

The provision of studies which may be required by the Township, at the applicant's expense, which address issues such as, but not limited to, traffic circulation and safety, utility systems, and environmental impact.

The final development plan shall meet the requirements of reasonable development standards as established by the Township.

A decision shall be made by the Township within 60 days unless extraordinary circumstances prohibit a decision.

Special use permit. Communication towers are permitted in District C (Commercial) and District I (Industrial) with the approval of a special use permit. Communication facilities which are proposed to attach to existing, preapproved communication towers shall be approved by the Building Official if they meet all the conditions established by the original special use permit.

Site plan review. Communication tower applications must receive site plan approval from the Planning Commission.

Engineering certification. The application shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the proposed installation is in compliance with all the applicable codes. The communication tower must be set back from all property lines a distance equal to its height, unless engineering specifications have been verified by the Building Official that the structural integrity of the communication tower will withstand high winds and impacts, and the likelihood of a communication tower failure is minimal. The support structure for the communication tower shall be contained within the parcel within which the proposed tower is located. The applicant shall incur all cost associated with the Township Engineering review. The applicant shall provide reverification that the antenna mount and structure remain in compliance when additional co-located antennas are installed.

Airport locations. Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or 1/2 mile of a helipad.

Co-locations. Applications for communication towers must be accompanied by documentation that the applicant has investigated the potential of co-location of sharing tower facilities with other providers. That documentation must include written evidence that the applicant has had direct communication and response regarding the potential for co-location or sharing tower facilities with the owners/operators of all existing communication towers within the Township. Applications for communication devices to be located on existing towers or structures may be approved by the Building Official, providing all other requirements of this section are complied with.

Spacing. In order to prevent a concentration of towers in one geographic area, the minimum spacing distance between communication towers shall be two miles.

Height. The maximum height of a communications tower shall be 200 feet.

Accessory structures. Accessory structures are limited to the use associated with the operation of the communications tower. Accessory structures shall not exceed 600 square feet in area and a height of 20 feet. Accessory structures shall not be located closer than 30 feet from all property lines.

Design certification. The final plans for the communications tower shall be certified by a registered structural engineer and meet all requirements of the Federal Communications Commission, the National Environmental Policy Act of 1969,[1] and the Federal Aviation Administration.

Liability. The applicant shall provide documentation that indemnity and insurance provisions exists for the communications tower in the event that the provider abandons the structure. The specific dollar amount of the indemnity and insurance provisions shall be approved by the Township and that the cancellation of such policy shall not be effective without the approval of the Township.

Mandatory permit requirements. The following are additional regulations pertaining to communications towers:

Landscaping, screening, fencing and buffering: Landscaping, screening, fencing and buffering plans shall be submitted for review and approval.

Abandonment. The communication tower shall by removed by the property owner or lessee within three months of being abandoned. The tower shall be removed to the top of the footing.

Unsafe and unlawful communications towers: When any communications tower is determined to be unsafe or is unlawfully erected or maintained and is found to be in violation of the provisions of this chapter, the use of the tower shall be discontinued until all violations are corrected or it shall be removed.

It is the intent of this section to provide for the establishment, in a district of comparable intensity of land use, well-designed mobile home parks. The regulations and conditions contained in this section are designed to ensure that mobile home parks will provide a comfortable and pleasing environment for persons who seek mobile home residence.

Regulations and conditions contained in this section are intended to ensure that mobile home park developments will be served adequately by essential facilities and services, such as access streets, public water, sanitary sewer and storm drainage facilities, refuse disposal, schools, and police and fire protection.

The Planning Commission may, by the issuance of a special use permit, authorize the establishment of a mobile home, and such authorization shall be granted only when all the applicable procedures and requirements stated herein are complied with.

Minimum project area. Minimum project area for a mobile home park development shall be 15 acres.

Location. Mobile home parks may be located only in those zoning districts identified in this chapter, upon approval of the Planning Commission and in accordance with the following standards:

Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:

General development standards. The design and development of mobile home parks shall be subject to all current provisions of the Mobile Home Commission General Rules as adopted by the Michigan Mobile Home Commission, or any successor agency, which are hereby incorporated by reference as a part of this chapter.

Operating standards:

Principal dwelling must be owner-occupied.

Improvement must meet applicable codes.

Additional parking provided per zoning code.

If necessary, additional sanitary services provided.

Only owner of principal dwelling may install accessory unit.

Accessory unit shall be removed upon cessation of occupancy of extended family member.

Accessory unit must meet front and side yard setbacks of the district in which it is located.

Planning Commission may establish temporary rear yard setback for accessory unit.

Accessory unit shall meet applicable codes for manufactured housing.

Applicant for accessory unit shall document medical or hardship need.

Bonding, or other economic guarantee satisfactory to the Township Board, shall be provided to assure the removal of the accessory unit upon cessation of use. Must be filed with the Township Clerk.

Provisions of Article VIII (Site Plan Review) shall apply.

The Planning Commission shall establish a time limit, not to exceed five years, unless extended by the Township Board at the end of the initial term, on the utilization of the accessory unit.

Notification to be provided to the Township Assessor and Clerk.

All such uses may only be granted a special use permit if all license and regulatory requirements of the Michigan Department of State, Bureau of Automobile Regulation (or successor), Michigan Department of Environmental Quality, and other state agencies having jurisdiction have been fully complied with.

All activities involving motor vehicle storage, salvage of used motor vehicle parts, assembly of parts, cutting or welding activities and repair of motor vehicle components shall be confined within screened enclosed as required in the subsection immediately following.

Outdoor motor vehicle storage and all permitted and related activities shall be screened by an opaque fence or wall, earthen berm covered with turf or other plantings, or by a dense evergreen planting. Such screening shall be designed so as to obstruct view of stored materials and salvage operations from public streets and occupied structures on adjoining lands. Such screenings shall be shown on the site plan submitted for approval in connections with the special use permit application.

Screening required in connection with this section shall be set back a minimum of 100 feet from any public street.

Every effort shall be made to prevent oil, gasoline, and hydraulic fluids from entering the soil.

No burning shall be allowed so as to create a nuisance.

Motor vehicles, motor vehicle components or other materials or equipment associated with this use shall be stacked or piled so as not to be visible from the base of the fence.

Steps satisfactory to the District Health Department and the Township shall be taken to control rats and other rodents on the site.

Name and address of the owner(s) of the land from which removal will take place.

Name, address and telephone number of person, firm or corporation who will be conducting the actual removal operation.

Location, size and legal description of the total site area to be mined.

The progressive phase unit extraction and reclamation plan for both the total project and each phase unit and shall include:

Drainage on and away from the mining area showing directional flow of water in drainage ways, natural watercourses and streams, intermittent and flowing, including discharge from the extraction operation.

The proposed haul route that it is expected will be the predominate traffic pattern for vehicles to and from the site.

The location and size of any processing equipment and/or structure.

Estimated length of time to complete the entire operation.

Area in acres from which excavation will take place in the first year of operation and successive years to completion.

A detailed plan of operation for stripping topsoil and overburden, stockpiling, excavating and rehabilitating. Details shall include depths of cuts and fills and the type of fill, if any is proposed.

Measures to be taken by the applicant to control noise, vibration, dust, and traffic.

Progressive reclamation. All phase units shall be reclaimed progressively as they are worked out to the extent that they shall be reasonably natural and inconspicuous and shall be reasonably lacking any hazards. All slopes and banks shall be graded to angles which do not exceed three feet horizontal to one foot vertical.

Sufficient topsoil shall be stockpiled on the premises and promptly redistributed on abandoned areas or where extraction operations have been substantially discontinued for any period in excess of one year. Such areas shall then be seeded with at least temporary protection the first year and by the second year, permanent seeding to stabilize the soil, lessen soil erosion potential and encourage proper growth. Seeds and fertilizer shall be applied according to recommendations by the Natural Resources Conservation Service and this chapter.

Setbacks in which no part of the mining operation may take place, excepting ingress or egress shall be as follows:

Fencing.

Interior traveled surfaces. Interior access roads, parking lots, haul loading and unloading areas shall be watered or chemically treated so as to limit the nuisance caused by windblown dust.

Ponded areas. Should the final result of the excavation result in the creation of a body of water, the perimeter of the excavation shall be graded to a slope not to exceed three feet horizontal to one foot vertical to the seasonal low-water level.

An operator shall remove all worthless debris and rubbish from the plant site and mining area within one year of the date of termination of operations or abandonment of the property.

A mining area shall be reclaimed by an operator pursuant to these rules by the end of the permit period or within the time set forth in the operator's reclamation plan approved by the Planning Commission.

Grading. All slopes and banks shall be graded to a minimum of a 3:1 slope and treated in the following manner to prevent soil erosion:

Upon written request of an operator, the Planning Commission may grant an extension of the reclamation period if such an extension is warranted and believed necessary to obtain an acceptable reclamation result.

Equipment removal. Upon cessation of mining operations, the operating company, within a reasonable period of time, not to exceed 12 months thereafter, shall remove all structures, building, stockpiles and equipment.

An operator shall submit written notice to the Planning Commission within six months of abandonment of the extraction area or any portion thereof.

When activities on or use of the mining area, or any portion thereof, have ceased for more than one year, or when, by examination of the premises by other means, the Planning Commission determines that the mining area or any portion thereof has in fact been abandoned by an operation, the Planning Commission shall give the operator written notice of its intention to declare the mining area or portion thereof abandoned.

Within 30 days following receipt of the notice, the operator shall have an opportunity to submit evidence that the use of the mining area or portion thereof is continuing. If the Planning commission finds the evidence satisfactory, it shall not make the declaration.

Before issuance of a permit, there shall be filed by the applicant a surety bond, executed by a reputable surety company authorized to do business in the State of Michigan, or an irrevocable bank letter of credit or cash bond running to the Lawrence Township Board, conditioned upon the prompt compliance with all provisions of this section and the requirements of the county and state.

The Planning Commission shall, in establishing the amount and type of financial guarantee, consider the scale of the operations, the prevailing cost to rehabilitate the property upon default of the operator, court costs and other reasonable expenses likely to be incurred by the Township, where the surface mine is located.

In determining the area for which the guarantee must be supplied, the Planning Commission may consider the following:

The amount of the bond may be reduced at a rate equal to the ratio of work completed on the required improvements as work progresses. The term "improvements" should not be construed to mean the project itself, but rather those features associated with the project which are deemed necessary to protect the health, safety and welfare of Lawrence Township's or Van Buren County's resources and future users or inhabitants of the proposed project.

The owner(s) and/or operators shall conduct said extraction operation, and use equipment located thereon, only between the following designated hours:

Additional emergency hours may be allowed by prior approval by the Planning Commission when it is shown that extenuating circumstances exist.

Interior haul routes.

Exterior haul roads. Before the issuance of a permit to mine, the applicant shall provide the Planning Commission an agreement between the applicant and the Van Buren County Road Commission concerning road maintenance.

The general site plan may be modified at any time by mutual consent of the operator and the Planning Commission to adjust to changed conditions, technology or to correct an oversight.

Planning Commission, which may allow the modification of the general site plan when:

Any existing nonconforming sand, gravel or mineral extraction operation that lawfully existed at the effective date of this amendment may continue operations within the boundaries of the excavated areas, haul routes, loading or processing zones that exist on that date. Any expansion outside of the boundary of these combined areas as they exist on the effective date of this amendment will require submission of an application for special use permit and site plan under the provisions of Article VII and Article VIII of this chapter.

In order to determine the boundaries of the excavated areas, haul routes, or loading or processing zones, the Planning Commission may consider any area stripped of topsoil or overburden, any area from which material is being extracted, any area utilized for stockpiling, extracted material, overburden and topsoil, or any area other than land determined by the Planning Commission as integral to the operation.

Campgrounds and associated recreation areas must have frontage on a public road.

Campgrounds and associated recreation areas incidental thereto must contain at least five acres of camping and recreation area.

No site shall be occupied by the same tenant for more than 90 consecutive days during the period of June 1 through November 30. Occupancy during the period of December 1 through May 31 shall not exceed 14 consecutive days.

A site in a campground shall have access from either a public or internal private roadway.

Setbacks are per zoning district requirements.

The maximum number of persons allowed to occupy a site shall be limited to eight.

All construction of amenities, including but not limited to, bath/shower houses, swimming pools, community buildings, laundry facilities, etc., shall be in accordance with the Michigan Building Code, as amended. All electrical, plumbing, and mechanical work shall be in compliance with applicable State of Michigan Codes, as amended.

Internal private road rights-of-way shall not be less than 66 feet wide. The driving surface shall have an aggregate surface at least 20 feet in width and at least a two-foot-wide shoulder on each side. The right-of-way shall be free of obstructions, provide free and easy access to abutting sites, and shall be maintained in a passable and reasonably dust-free condition. The campground owner shall ensure that vehicles do not park in the road right-of-way.

A campground shall be served by an approved water and septic system.

All connections to the water distribution system, as well as the top of the site sewer connections, shall be located above the elevation defining the 100-year floodplain.

A campground that provides customer site piping must convey water from the service connection to the points of use within the campground, as provided for in the Safe Water Drinking Act, Public Act 399 of 1976, as amended, and rules promulgated under the Act. A campground shall provide a private sewer collection system as permitted by the Michigan Department of Environment, Great Lakes, and Energy meeting the requirements of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended, and rules promulgated under the Act.

Campgrounds and associated recreation areas must have frontage on a public road.

Campgrounds and associated recreation areas incidental thereto must contain at least five acres of camping and recreation area.

Areas designed for travel trailers, camp trailers, and/or tent trailers must meet the applicable State of Michigan licensing requirements and such rules and regulations as may be promulgated by the State Health Commission and the State Council of Health.

Any sale of foodstuff or merchandise shall be clearly incidental to the needs of the occupants and users of the campgrounds and associated areas therein and shall consist of packaged merchandise only.

The winery, cidery, or microbrewery shall obtain and maintain all necessary licenses, permits, and permissions to operate under federal, state, and local law and regulations.

Production limitations:

Facility dimensional limitations:

Operations open to the public:

Adjunct food services may be provided. In conjunction with the above tasting room, adjunct food services may be provided. However, the following applies:

Retail sales.

Additional limitations.

The placement of the container shall be subject to site plan review.

Adequate vehicular access shall be provided to the container which does not conflict with the use of the parking areas or access drives.

All containers shall rest on a concrete pad.

A solid ornamental screening wall or fence shall be provided around all sides of the container and shall include an access gate. The screening wall or fence and gate shall be of sufficient height to completely screen the container.

The container, screening wall or fence, and gate shall be maintained in a neat and orderly manner, free from debris.

Lighting. The placement and arrangement of outdoor lighting serving the facility shall provide adequate security and comply with the outdoor lighting standards set forth in § 1-9.6.

Noise. Noise and vibration shall be minimized in their effect upon the surrounding area by the utilization of modern equipment designed to accomplish such minimization and the use of walls and vegetative buffers/screens.

Odor. Odor shall be minimized in its effect upon the surrounding area by the utilization of a modern odor control system designed to accomplish such minimization and operational procedures.

Environment. Information on the storage and use of products, water and energy consumption, and waste disposal associated with a facility will be required to allow for an assessment of potential impacts on the site and surrounding area and the applicability of state and local regulations.

Traffic. A facility shall be located in consideration of the ingress/egress, loading and travel patterns of the traffic associated with the operation of the facility, with specific attention toward avoiding the creation of traffic through a predominantly residential area.

Security. Security measures, such as fencing, access controls, and video surveillance, will be considered in determining the ability of the facility to adequately provide for public safety.

Impact on neighboring property. Barriers and/or buffers, facility separations, and/or operational requirements may be applied to minimize identified injurious or annoying impacts on surrounding properties.

All requirements for a site plan contained in the Code of the Township of Lawrence.

All lot lines and dimensions, including a legal description of each lot or parcel comprising the large solar energy system.

Names of owners of each lot or parcel within Lawrence Township that is proposed to be within the large solar energy system.

Vicinity map showing the location of all surrounding land uses.

Location and height of all proposed solar arrays, buildings, structures, electrical tie lines and transmission lines, security fencing, and all aboveground structures and utilities associated with a large solar energy system.

Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing and all aboveground structures and utilities on the property.

Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the large solar energy system and within 100 feet of all exterior property lines of the large solar energy system.

Proposed setbacks from the solar array(s) to all existing and proposed structures within the large solar energy system.

Land elevations for the solar array's location and the relationship to the land elevations of all existing and proposed structures within the large solar energy system at a minimum of five-foot contours.

Access driveways within and to the large solar energy system, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access drives shall be subject to Van Buren County Road Commission approval and shall be planned so as to minimize the use of lands for that purpose.

Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the large solar energy system.

A written description of the maintenance program to be used for the solar array and other components of the large solar energy system, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the large solar energy system is decommissioned.

Planned lightning protection measures.

Additional details and information as required by the special use permit requirements of the Code of the Township of Lawrence, or as required by the Planning Commission.

The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreen trees shall be spaced no more than 15 feet apart on center (from the central trunk of one plant to the central trunk of the next plant), native trees shall be placed no more than 30 feet apart on center and shrubs shall be spaced no more than seven feet apart on center. All unhealthy (60% dead or greater) and dead material shall be replaced by the applicant within one year, or the next appropriate planting period, whichever occurs first.

All plant materials shall be installed between March 15 and November 15. If the applicant requests a final certificate of occupancy from the Township and the applicant is unable to plant during the installation period, the applicant will provide the Township with a letter of credit, surety or corporate guarantee for an amount equal to 1.5 times the cost of any planting deficiencies that the Township shall hold until the next planting season. After all plantings have occurred, the Township shall return the financial guarantee.

Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of this subsection, and any special use may be subject to revocation.

The applicant will obtain a surety bond for reclamation in an amount to be determined by Township Engineer as a condition of site plan approval.

The Engineer will be able to review the size of the farm and the number of solar panels that will be installed. The amount of the surety bond would fluctuate depending on the size of the farm. Once the Engineer sets the surety bond amount, be sure to confirm that the applicant obtains it. This may be a condition of site plan approval.

The surety bond is to remain in place for the length of the leases/contracts.

Continuing obligations. Failure to keep any required financial security in full force and effect at all times while a large solar energy system exists or is in place shall constitute a material and significant violation of the special use and this subsection, and will subject the large solar energy system applicant, owner and operator to all remedies available to the Township, including any enforcement action, civil action, request for injunctive relief, and revocation of the special use.

Permitting costs. An escrow account shall be set up when the applicant applies for a special use permit for a WECS and WECS testing facilities. The monetary amount filed by the applicant with the Township shall be in an amount in accordance with the Township Escrow Policy to cover all reasonable costs and expenses associated with the special use zoning review and approval process, which costs can include, but are not limited to, fees of the Township Attorney, Township Planner, and Township Engineer, as well as any reports or studies which the Township anticipates it may have done related to the zoning review process for the particular application. Such escrow amount shall include regularly established fees. At any point during the zoning review process, the Township may require that the applicant place additional monies into the Township escrow should the existing escrow amount filed by the applicant prove insufficient. If the escrow account needs replenishing and the applicant refuses to do so within 14 days after receiving notice, the zoning review and approval process shall cease until and unless the applicant makes the required escrow deposit. Any escrow amounts which are in excess of actual costs shall be returned to the applicant within 90 days of permitting process completion. An itemized billing of all expenses shall be provided to the applicant. The Township shall hire qualified professionals for each and any of the technical fields associated with the special use permit, such as, but not limited to, electrical, acoustics, environment, economics, wildlife, health, and land use.

Environmental assessment. The applicant shall fund an environmental assessment or impact study and other relevant reports or studies (including, but not limited to, assessing the potential impact on endangered species, eagles, birds, and/or other wildlife) as required by the Township for review. Studies shall be limited to the area within three miles outside of the Township boundaries.

Economic impact. The applicant shall fund and provide an economic impact study for the area affected by the WECS project. Such a study shall include probable financial impact regarding jobs, tax revenue, lease payments and property values at a minimum and average setback distances. Business and residential growth potential shall be considered.

Site plan. The applicant shall submit a site plan. The applicant shall also submit a written explanation of the design characteristics and the ability of the structure(s) and attendant facilities to withstand winds, ice and other naturally occurring hazards, as well as information regarding health, welfare and safety in areas including, but not limited to, noise, vibration, shadow flicker, and blade ice deposits. This information shall also address the potential for the WECS to structurally fail or collapse, and what results should be expected in such an event. Additional requirements for a WECS site plan are as follows:

Site insurance. The applicant shall provide proof of insurance for each WECS at all times for at least $10,000,000 for liability, property damage, livestock damage, and future earnings loss. The applicant shall provide yearly proof of insurance to the Township that confirms active coverage for the applicant, Township, participating landowners, and nonparticipating landowners. Aggregate policies are allowed if minimum coverage per WECS is satisfied and coverage is provided for every site where the applicant's equipment is located.

Removal insurance (decommissioning). To ensure proper removal of each WECS structure when it is abandoned or nonoperational, the application shall include a proof of the financial security in effect before the permit is approved. The security shall be licensed in the State of Michigan and be in the form of 1) cash deposit or 2) performance (surety) bond selected by the Planning Commission and bonded by a top institution from the Department of the Treasury's Listing of Approved Sureties, Department Circular 570, T-list. The duration of the security shall be termed to the removal of each WECS as stated in this subsection. Additionally, security is based on each WECS and is to be backed by owner assets, operator assets, parent company assets, and leaseholder assets approved by the Planning Commission.

Safety manual. The applicant shall provide an unredacted copy of the manufacturer's safety manual for each model of turbine without distribution restraints to be kept at the Township Hall and other locations deemed necessary by the Planning Commission or local first responders. The manual should include standard details for an industrial site, such as materials, chemicals, fire, access, safe distances during WECS failure, processes in emergencies, etc.

Repair policy documentation. The applicant shall provide a detailed policy and process book for the repair, replacement, and removal of malfunctioning, defective, worn, or noncompliant WECS. Sections of the process book should consider any ordinance requirement or WECS performance deficiency.

Noise. The applicant shall provide an initial sound modeling report and a six-month post-construction report for the project with a schedule and documentation which adhere to the following:

Setback. The minimum setback from any property line of a nonparticipating landowner or any road right-of-way shall be no less than four times tip height of the WECS or WECS testing facility unless the applicant provides documentation in the form of a signed approval by affected participating and nonparticipating landowners waiving these requirements. Documents in full shall be recorded using only the WECS Waiver Form, Revision 1 or later, with the Van Buren County Register of Deeds. For WECS, use the turbine pole center line as the WECS measuring point.

Ground clearance. The minimum clearance from ground level to the blade at its lowest point shall be 100 feet.

Applicant compliance. The WECS and related equipment shall comply with any and all state, federal, county and Township requirements.

Blade clearance. Blade arcs created by a WECS shall have a minimum of 100 feet of clearance over and from any structure.

Braking. Each WECS shall be equipped with a braking, or equivalent, device capable of stopping the WECS operation in high winds with or without SCADA control. Braking systems shall be effective during complete GRID power failure where WECS are unable to communicate with SCADA control or receive power.

Signage. Each WECS and testing facility shall have one sign per turbine, or tower, located at the roadside and one sign attached to base of each WECS, easily visible throughout four seasons. Signs shall be at least two square feet in area. Signs shall be the same and shall uniquely identify each WECS. Signage shall comply with Article XI, Signs, Nameplates, and Advertising Structures. Additional signage on and around the tower is recommended. The sign shall contain at least the following:

Communication interference. Each WECS and testing facility shall be designed, constructed and operated so as not to cause radio and television or other communication interference. In the event that verified interference is experienced and confirmed by a licensed engineer, the applicant must produce confirmation that said interference had been resolved to residents' satisfaction within 90 days of receipt of the complaint. Any such complaints shall follow the process stated in the complaint resolution section.[4]

Infrastructure wiring.

Road damage. The applicant shall post a financial security in the form of a surety bond from a surety company that is listed as an acceptable surety on Federal Surety Bonds in Circular 570 of the U.S. Department of Treasury, or letter of credit from, or an escrow account established in, a financial institution licensed in the State of Michigan for the cost of repairs of county roads within the Township, in an amount of $1,250,000. The amount and standards for road repair work shall be determined by a third-party road inspector appointed by mutual agreement of the Township, applicant and Van Buren County Road Commission. The bond shall only be released (in whole or in part) when the Township Board, in consultation with the Van Buren County Road Commission and said third-party inspector, determines that all required road work has been completed and approved by the road inspector in consultation with the Van Buren County Road Commission and/or MDOT. The Township may consult with the third-party road inspector to verify the proposed bond amount of $1,250,000. If the third-party inspector determines that the amount needed for road repairs and upgrades is higher, the applicant will post a financial security in the amount determined by the third-party inspector. All road repairs must be complete within 90 days of project completion, or maintenance completion, but shall not exceed 365 days from project commencement or maintenance completion.

Road use agreement. The applicant shall provide and execute a road use agreement with the Township and shall file a copy of such agreement with the Township Clerk before construction of any accessory road and/or road improvements. The road use agreement is subject to review and approval of the Township attorney. The applicant shall provide a written status report annually to the Township Board as to the ongoing scope of road work and shall also provide written notice to the Township Board when all required road work has been completed. The Township may require the renewal of the bond for road work to cover costs of road work to be completed in the future.

Liability insurance. The current WECS owner and operator shall insure for liability for the WECS without interruption until removed and comply with the site insurance section[5] to protect the current WECS owner and operator, Township and property owner.

Coating and color. A WECS shall be painted a nonobtrusive (light environmental color such as beige, gray or off-white) color that is nonreflective. The wind turbine base and blades shall be of a color consistent with all other turbines in the area. No striping of color or advertisement shall be visible on the blades or tower.

Strobe effect. Under no circumstances shall a WECS or testing facility produce shadow flicker, or strobe effect, on properties without a signed release from affected participating and nonparticipating landowners. Documents in full shall be recorded with the Van Buren County Register of Deeds. Each wind turbine shall also use a shadow flicker mitigation system, including but not limited to the Vestas Shadow Detection System, or other similar system.

Ice detection. The applicant shall install an ice mitigation system on each turbine, including but not limited to the system developed by Vestas, or other similar system, to monitor ice formation on each wind turbine (WECS) and to facilitate immediate shutdown of any wind turbine if ice is detected on the turbine.

Fire suppression. The applicant shall provide and install on a WECS a fire suppression system, including but not limited to Firetrace or other similar system, and ensure that such system is operable at all times.

Voltage. The applicant shall demonstrate that the WECS prohibits stray voltage, surge voltage, and power from entering the ground, and shall correct any voltage issued that is caused by the WECS.

Protection of adjoining property. In addition to the other requirements and standards contained in this section, the Planning Commission shall not approve any WECS or testing facility unless it finds that the WECS or testing facility will not pose a safety hazard or unreasonable risk of harm to the occupants of any adjoining properties or area wildlife.

Removal and site renovation. A condition of every approval shall be adequate provision for the removal of the structure in its entirety whenever it ceases to actively produce power for 180 days or more. The Planning Commission can grant an extension of an additional 180 days upon the WECS owner demonstrating that the structure will be put back into use. Removal shall include the proper receipt of a demolition permit from the Building Official and proper restoration of the site to original condition. Removal of the structure, wiring, and its accessory use facilities shall include removing the caisson and all other components in their entirety. Restoration must be completed within 365 days of nonoperation. The Planning Commission can grant an extension of 180 days upon the WECS owner demonstrating that an extension is necessary.

WECS height. The maximum tip height of any WECS or WECS testing facility shall not exceed 500 feet.

Avian protection. Each wind turbine shall have a bird/bat sensor installed and utilized upon it.

Post-construction studies. The applicant shall prepare a post-construction avian and wildlife study one year post-construction, as well as five years post-construction, of the completion of a WECS, which shall comply with the requirements of the U.S. Fish and Wildlife Service and the Michigan Department of Natural Resources. A copy of the study shall be provided to the Township Board.

Post-construction documents. The applicant shall provide a complete set of as-built drawings for electrical structures, collection lines and surface markings to the Township Clerk within six months of completing work on the WECS.

Operations training. The applicant shall provide training for the Lawrence Township Fire Department and all fire departments that provide mutual aid to Lawrence Township before beginning operations of the utility grid wind energy system and shall likewise provide regular training at least annually thereafter. The applicant shall report annually to the Township Board as to the status of the training of the Township Fire Department, in addition to reporting annually to the Township Board of any incidents that required response by the Fire Department (or any fire departments responding via mutual aid) to the WECS.

Operational, maintenance, and issue resolution. Each WECS and testing facility must be kept and maintained in good repair and condition at all times. If a WECS is not maintained in operational and reasonable condition or poses a potential safety hazard, the applicant shall take expeditious action to correct the situation, including WECS removal. The applicant shall keep a maintenance log on each WECS and must provide a complete log to the Township within 30 days of request.

Complaint resolution. A complaint resolution process shall be established by the Township. The form shall include, but not be limited to:

The applicant shall be required as a condition of approval to fund an escrow account for investigation of complaints for, but not limited to, shadow flicker, stray voltage, noise, and signal interference to the amount of $15,000, to be used at the discretion of the Lawrence Township Board. When escrow account balance is below $5,000, the Township shall notify the applicant, and the applicant shall replenish the account in the amount of $15,000 within 45 days.

Regulation of WECS commercial and industrial noise. To preserve quality of life, peace, and tranquility, and protect the natural quiet of the environment, this subsection establishes the acoustic baseline, background sound levels for project design purposes and limits the maximum noise level emissions for commercial and industrial developments. Residents shall be protected from exposure to noise emitted from commercial and industrial development by regulating said noise.

The Township Board reserves the right to require the WECS applicant to shut down any WECS unit that does not meet ordinance requirements until such WECS unit meets ordinance requirements or is removed.

Complaints. If the Township Board confirms and issues a corrective action, SCADA data from WECS within two miles of issue shall be required and delivered to the Township within 20 days of notification. The SCADA data format shall be determined by the Township, Township licensed engineers, or Township professional acousticians. Unless otherwise requested, minimum SCADA data format shall be grouped in twenty-four-hour periods and one-second intervals, including wind vector, wind speed, temperature, humidity, time of day, WECS power output, WECS amps, WECS volts, WECS nacelle vector, WECS blade RPM, and WECS blade pitch. Fees for providing SCADA data are not to exceed $100 per request. Residents shall have the right to also request SCADA data in at least the minimum format at the cost of $200 per WECS per time period requested. Common SCADA formats shall include meteorological and performance data such as, but not limited to, temperature, humidity, power output, RPM, wind velocity, wind direction, and nacelle vector. Data format shall be determined by Township, such as CSV or XLXS.

Noise.

Lawrence Township and its representatives shall have the authority to inspect the WECS (any of the wind turbines, the roads and/or accessory structures) upon reasonable notice of at least 24 hours to the applicant. The applicant may require that a representative of the applicant accompany the Township and/or its representatives on any inspection.

The applicant shall enter a host agreement with Lawrence Township regarding taxation.

Post-construction validation and compliance testing shall include a variety of ground and hub height wind speeds, at low (between six and nine mph), medium (between nine and 22 mph) and high (greater than 22 mph). SCADA data shall be provided in the format determined by the Township, Township licensed engineers, or Township professional acousticians. Compliance noise measurements are the financial responsibility of the WECS owner of the facility and shall be independently performed by a qualified professional acoustician approved by the Planning Commission when directed by the Lawrence Township Board or their designated agent. Compliance noise measurements shall not exceed the stipulated noise limits and shall assess for and apply tonal noise penalties when warranted.

Quality. Measurements shall be attended. All noise measurements shall (must) exclude contributions from wind on microphone, tree/leaf rustle, flowing water, and natural sounds such as tree frogs and insects. The latter two can be excluded by calculating the dBA noise level by excluding octave band measurements above the 1,000 Hz band as in ANSIS12.100 3.11. The ANS-weighted sound level is obtained by eliminating values for octave bands above 1,000 Hz, or 1/3 octave bands above 1,250 Hz, and A-weighting and summing the remaining lower frequency bands. The wind velocity at the sound measurement microphone shall not exceed three m/s (seven mph, maximum) during measurements. A seven-inch or larger diameter windscreen shall be used. Instrumentation shall have an overall internal noise floor that is at least 5 dB lower than what is being measured. During testing of elevated sources, including, but not limited to, wind turbines, the atmospheric profile shall be Pasquill Stability Class E or F preferred, Class D as alternate.

Noise level. Noise measurements shall be conducted consistent with ANSI S12.18 Procedures for Outdoor Measurement of Sound Pressure Level and ANSI S12.9, Part 3 (Quantities and Procedures for Description and Measurement of Environmental Sound - Part 3: Short-term Measurements with an Observer Present), using Type 1 meter, A-weighting, fast response.

Tonal noise. Tonal noise shall be assessed using unweighted (linear) 1/3 octave band noise measurements with time-series, level-versus-time data acquisition. A measurement shall constitute prima facie evidence of a tonal noise condition if at any time (single sample or time interval) the noise spectrum of the noise source under investigation shows a 1/3 octave band exceeding the average of the two adjacent bands for by 15 dB in low 1/3 octave bands (10 to 125 Hz), 8 dB in middle-frequency bands (160 to 400 Hz), or 5 dB in high-frequency bands (500 to 10,000 Hz).

Sample metric and rate. Noise level measurements for essentially continuous non-time-varying noise sources shall be acquired using the Leq (fast) metric at a sample rate of one per second. For fluctuating or modulating noise sources, including, but not limited to, wind turbines, a ten-per-second sample rate or faster shall be used. These sample rates shall apply to dBA, dBC and unweighted 1/3 octave band measurements.

Reporting. Measurements of time-varying dBA and dBC noise levels and 1/3 octave band levels shall be reported with time-series level-versus-time graphs and tables. Graphs shall show the sound levels graphed as level-versus-time over a period of time sufficient to characterize the noise signature of the noise source being measured. For one-per-second sampling, a five-minute-or-longer graph shall be produced. For ten-per-second sampling, a thirty-second-or-longer graph shall be produced. Reporting shall identify, and graphs shall be clearly notated, identifying what was heard and when the noise source is dominating the measurement. Reporting shall furnish all noise data and information on weather conditions and Pasquill Class occurring during testing.

All applicable requirements of the Township's ordinances must be met in their entirety, as well as all other applicable laws, ordinances, and rules of the federal, state, county, and Township governments. Any subsequent development or change on the property shall comply with all requirements of the Township's ordinances or other ordinances and regulations in effect at that time. Noncompliance with ordinance requirements during the SUP process shall result in denial or revocation of the permit.

Noncompliance with post-construction ordinance requirements shall result in fines (minimum $250/day), permit denial, and WECS decommissioning.

Nuisance compliance complaints shall be resolved after the complaint resolution process[7] is completed. The applicant shall provide a resolution plan within 30 days and resolve complaints within 90 days. A WECS may be shut down during resolution time to extend resolution time to 180 days.

For non-nuisance compliance, and upon formal notice from the Township or resident to the WECS permit holder, the WECS permit holder shall respond within 30 days with a resolution plan, and up to 180 days to resolve a compliance breach. Failure to resolve any compliance breach shall result in permit loss. Unless otherwise stated, the applicant shall provide in advance and comply with ordinance requirements prior to the Township granting the permit. Special permits shall not be allowed.

In addition to any other remedies or complaint resolution procedures set forth in this subsection, any violation shall also constitute a municipal civil infraction in accordance with Chapter 25. Each day on which any violation of this subsection continues shall constitute a separate offense. The Township may bring an action for an injunction to restrain, prevent or abate any violation of this subsection.

Upon change of ownership, operator or parent company, the Township shall receive from the new owner, operator or parent company notification and updated documents within 30 days, including, but not limited to, legal proof of change, corporate legal contact, security bond updates, emergency contact, and local contact.