The formulation and enactment of this article is based upon the division of the township into districts, each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts but which on account of their actual or potential impact on neighboring uses or public facilities need to be carefully regulated with respect to their location for the protection of the township. Such uses, on account of their peculiar locational need or the nature of the service offered, may have to be established in a district in which they cannot be reasonably allowed as a permitted use.

The township board with recommendations from the township planning commission shall have the authority to review and approve conditional use permits and may deny, approve, or approve with conditions a request for conditional land use approval. The decision on a conditional land use application shall be incorporated in a statement of findings and conclusions relative to the conditional land use which specifies the basis for the decision and any conditions imposed. The township board's authority to grant conditional use permits shall be subject to such conditions of design and operation, safeguards and time limitations as it may determine for all conditional uses specified in the various district provisions of this article.

(Ord. of 2-2008)

Application for any conditional use permit permissible under the provisions of this article shall be made to the township board, via the clerk by filling in the official conditional use permit application form, submitting required data, exhibits and information; and depositing the appropriate fee to the township clerk. No fee shall be required of any governmental body or agency. The township planning commission may also request the assistance, with consent of the township supervisor, of professionals including attorneys, planners, engineers, surveyors, architects and landscape architects. The applicants shall pay the actual cost of the services of such professionals. If a special meeting is requested by the applicant, all costs associated with the special meeting shall be paid by the applicant. A schedule of fees as currently established or as hereafter adopted by resolution of the township board from time to time, shall be on file with clerk. No portion of the application or costs for special meetings shall be returnable to the applicant.

An application for a conditional use permit shall contain the applicant's name, address, email address and telephone number, a notarized statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved, an accurate survey drawing of said property, showing the existing and proposed location of all buildings and structures thereon, and types thereof, and their uses and a statement and supporting data, exhibits, information and evidence regarding the required findings set forth in this article.

(a)

The township planning commission, upon receipt of an application for a conditional use permit, shall publish a notice of the request in a newspaper of general circulation in the township not less than 15 days before the date of the hearing.

(b)

Notice shall be given as provided under subsection (c) of this section to the owners of property that is the subject of the request. Notice shall also be given as provided under subsection (c) to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

(c)

The notice under subsection (b) of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

(d)

The notice shall do all of the following:

(1)

Describe the nature of the request;

(2)

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;

(3)

State when and where the request will be considered;

(4)

Indicate when and where written comments will be received concerning the request;

(5)

Indicate that a public hearing on the conditional land use request may be requested by any property owner or the occupant of any structure located within 300 feet of the property being considered for special land use regardless of whether the property or occupant is located in the zoning jurisdiction.

(e)

At the initiative of the township board or upon request of the applicant, a real property owner whose property is assessed within 300 feet of the property, or the occupant of a structure located within 300 feet, a public hearing shall be held before a discretionary decision is made on the conditional land use request.

(Ord. of 2-2008)

The planning commission shall review the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and shall find and record adequate data, information and evidence showing that such a use on the proposed site, lot or parcel:

(1)

Will be harmonious with and in accordance with the general objectives, intent and purposes of this article.

(2)

Will be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity.

(3)

Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service.

(4)

Will not be hazardous or disturbing to existing or future neighboring uses.

(5)

Will not create excessive additional requirements at public cost for public facilities and services.

(a)

The issuance of a conditional use permit by the township board shall entitle the owner to continue to operate the conditional use permit so long as the owner remains in compliance with the terms and conditions of this article and the terms, conditions, limitations, requirements and safeguards set forth in the conditional use permit. A conditional use permit shall expressly grant to the township the power and authority to enter upon the premises at any reasonable time for the purpose of inspection and enforcement of the terms of this article or of the terms of the conditional use permit.

(b)

In the event the owner or occupant of the property of which a conditional use permit has been issued, shall violate any provision of this article or any term, condition, limitation, regulation or safeguard contained in the conditional use permit, the conditional use permit shall be deemed revoked and the owner or occupant determined to be in violation of this article and the township may proceed to enforce the provisions in this article and the terms, conditions, limitations and safeguards of the conditional use permit as provided in this article. In addition to all other remedies provided herein, in the event that such conditional use permit shall be deemed revoked any compliance bond posted by the owner under the provisions of this article shall be forfeited.

(c)

In the event the owner or occupant of the property for which a conditional use permit has been issued, shall cease to use the land for the use the permit has been granted for a period of 90 consecutive days or more, or shall cease to use the building for the use the permit has been granted for a period of six consecutive months or more, a revocation hearing shall be scheduled.

(Ord. of 2-2008)

(1)

Revocation hearing. The zoning administrator shall notify the owner or occupant of the property by certified letter or personal service of the intent of the township to revoke a conditional use permit. Service shall be made at least ten days prior to the hearing. The planning commission shall accept oral or written testimony from any interested party. If it is the determination of the planning commission that the permit be revoked, a recommendation shall be made to the township board.

(2)

Township board action. The township board shall review the recommendation of the planning commission and, if satisfied that the conditional use has been discontinued for the period referred to, may revoke the conditional use permit.

In addition to and as an integral part of development, the following provisions shall apply:

(1)

Junkyards shall be established and maintained in accordance with all applicable state statutes.

(2)

It is recognized by this article that the location in the open of such materials included in this chapter's definition of "junkyard" will cause the reduction of the value of adjoining property. To the end that the character of the district shall be maintained and property values conserved, an opaque fence or wall at least seven feet in height and not less in height than the materials located on the lot on which a junkyard shall be operated, shall be located on said lot no closer to the lot lines than the yard requirements for buildings permitted in this district. All gates, doors and access ways through said fence or wall shall be of solid unpierced material. In no event shall any materials included in this chapter's definition of "junkyard" be located on the lot on which a junkyard shall be operated in the area between the lines of said lot and the opaque fence or wall located on said lot. In addition to the foregoing requirements, the planning commission may require a transition strip in accordance with the provisions of section 38-422.

(3)

All traffic ingress or egress shall be on major streets, and there shall be not more than one entrance way to the lot on which a junkyard shall be operated from each public road on which said lot abuts.

(4)

On the lot on which a junkyard shall be operated, all roads, driveways, parking lots and loading and unloading areas within any yard shall be paved, or chemically treated so as to limit on adjoining lots and public roads the nuisance caused by windborne dust.

State Law reference— Junkyards near highways, MCL 252.201 et seq.; licensing of secondhand and junk dealers, MCL 445.401 et seq.

Sanitary landfills may be considered as a conditional use, provided that such use shall conform to all state and county health department regulations of such use; and the permit for such use shall be subject to annual renewal.

State Law reference— Garbage disposal act, MCL 123.361 et seq.; solid waste facilities, MCL 324.4301 et seq.; hazardous waste management act, MCL 324.11101 et seq.; hazardous materials transportation act, MCL 29.417 et seq.; solid waste management act, MCL 324.11501 et seq.; waste reduction assistance act, MCL 324.14501 et seq.; clean Michigan fund act, MCL 324.19101 et seq.; litter control, MCL 324.8901 et seq.; low-level radioactive waste authority act, MCL 333.26201 et seq.

The owner or owners of any tract of land comprising an area of not less than five acres may submit to the township planning commission a site plan for the use and development of the tract of land as planned unit residential development (PURD).

(1)

Required standards for approval.

a.

The maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the underlying district or districts in which the PURD site is located. Net development area is determined by subtracting water, muck and peat areas, and areas set aside for churches, schools and similar facilities and the area proposed for streets from the gross development area. The area of land set aside for common land, open space, or recreation, except as above indicated, shall be included as a part of the net development area.

b.

The proposed development will be served adequately by essential public facilities and services such as: highways, streets, police and fire protection, drainage structures, refuse disposal; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service. Public water and sewer systems shall serve the development whenever deemed feasible by the township.

c.

The proposed unit shall be of such size, composition and arrangement that its construction and marketing operation is a complete unit, without dependence on any subsequent unit of development.

(Ord. of 2-2008)

d.

The open space, any other common properties, including individual properties, and all other elements of the planned unit residential development shall be so planned that they will achieve a unified environmental scheme, with open spaces and all other elements in appropriate locations, suitably related to each other, the site and surrounding land.

(Ord. of 2-2008)

e.

In view of the conditional use nature of the PURD amendment procedure, deed restrictions and covenants entered into, or proposed to be contracted for, by the developer become an appropriate consideration of the township planning commission. The planning commission shall consider the manner in which the lawful contractual techniques can augment lawful zoning techniques in attaining the objectives of the PURD amendment and may make its recommendations conditional upon these contractual relations between private parties, or may recommend procedures whereby the township becomes a party to such contractual relations.

(2)

Required provision in site plan.

a.

The plan shall contain such proposed covenants, easements, and other provisions relating to the bulk, location and density of residential units, accessory uses, thereto, and public facilities as may be necessary for the welfare of the planned unit residential development and not inconsistent with the best interests of the entire township. Prior to the submission of preliminary site plans and before the public hearing referred to in subsection (3) of this section, the planning commission and the applicant may engage in preapplication conferences to assist in the development of an appropriate plan. Likewise, the planning commission is permitted to engage in preapplication conferences before submission of a planned unit residential development request as authorized by section 503 of the Michigan zoning enabling act (MCL 125.3503).

(Revised 4-13-2008)

b.

The applicant may be required to dedicate land for street or park purposes and by appropriate covenants, to restrict areas perpetually (or for the duration of the planned development) as open space for common use. The development as authorized shall be subject to all conditions of this article only to the extent specified in the authorization.

(3)

Township board approval.

a.

Following receipt of the planning commission's report on the proposed PURD plan, the township board shall hold at least one public hearing on the request. Notification of the hearing shall be published in a newspaper of general circulation in the township not less than 15 days before the date of the hearing.

b.

Notice shall also be given to the owners of property that is the subject of the request. Notice shall also be given as provided under subsection (3)c of this section to all persons to whom real property is assessed within 300 feet of the property that is the subject of the request and to the occupants of all structures within 300 feet of the subject property regardless of whether the property or structure is located in the zoning jurisdiction. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different persons, one occupant of each unit or spatial area shall be given notice. If a single structure contains more than four dwelling units or other distinct spatial areas owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

c.

The notice under subsection (3)b of this section is considered to be given when personally delivered or when deposited during normal business hours for delivery with the United States Postal Service or other public or private delivery service. The notice shall be given not less than 15 days before the date the request will be considered. If the name of the occupant is not known, the term "occupant" may be used for the intended recipient of the notice.

(4)

Notice. The notice shall do all of the following:

a.

Describe the nature of the request;

b.

Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created unless no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used;

c.

State when and where the request will be considered; and

d.

Indicate when and where written comments will be received concerning the request.

(5)

Denial or approval. Within a reasonable time following the public hearing, the township board shall deny, approve, or approve with conditions the request. The board shall prepare a report stating its conclusions, its decision, the basis for its decision, and any conditions imposed on an affirmative decision. Final approval may be granted on each phase of a multi-phased PURD if each phase contains the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the PURD and the residents of the surrounding area.

(6)

Applicant review. Upon final approval, the applicant shall be required to review his application and plan in final approved form and sign a statement that the PURD plan in its final form shall be binding upon the applicant, his heirs, successors and assigns.

(7)

Final approval. When the township board gives final approval, a conditional use permit may be issued for the PURD even though the size of the lots, the depth of the yards, and the required distance between group building and the building height may not conform in all respects to the regulations of the district in which the project is to be located.

(Ord. of 2-2008)

State Law reference— Planned unit development, MCL 125.3503.

Such centers shall comply with the following provisions:

(1)

Uses permitted. Any use permitted in the NC—Neighborhood Commercial District.

(2)

Site development.

a.

Such development shall occupy a site of not less than three acres with not less than 300 feet of street frontage.

b.

No building shall be located nearer to any noncommercial property line of the neighborhood center than a distance equal to twice the height of said building.

c.

No building shall exceed the height limitation specified in the zoning district in which it is located.

(3)

Screening. When such development is located in or adjacent to a residential district, or when located adjacent to a school, hospital, church, or other public institution or open space, an approved fence or masonry wall of not less than four feet nor greater than six feet in height shall be erected and maintained along all property lines abutting such district or use. In lieu of a separate fence or masonry wall, an evergreen hedge that effectively screens the parking area from adjacent properties may be planted and maintained at a height of not less than four feet.

(4)

Lighting. All lighting shall be accomplished in a manner such that no illumination source causes a nuisance to adjacent properties.

(5)

Vehicular approach. Driveways and approaches to the property shall be so designed and located as to create minimum interference with traffic on the surrounding public streets. No more than two driveways each not to exceed 30 feet in width at the property line shall be permitted on each street frontage of the property. Such driveways shall be located as far from street intersections as practicable, but in no case less than 50 feet.

(6)

Parking and circulation. There shall be provided no less than four square feet of parking and circulation space for every one square foot of leasable floor area within the center. On-site circulation facilities shall be designed so that there shall be no backing up of traffic into public streets. All areas accessible to traffic shall be paved and maintained so as to provide a smooth, dustless, and well drained surface. Such areas shall be lighted for those hours of darkness during which establishments within the center are open for business.

Such centers shall comply with the following provisions:

(1)

Uses permitted. Any use permitted in the NC—Neighborhood Commercial and HC—Highway Commercial Districts, with the addition of the following provisions:

a.

Temporary exhibitions and special civic events, provided that they shall be conducted in spaces designed for such purposes, and that they shall not be operated for profit.

b.

Recreational facilities incidental to the principal operation of the center and of a nature normally out-of-doors, provided that there shall be no admission charge for such activities.

(2)

Site development.

a.

Such development shall occupy a site of not less than ten acres with a minimum street frontage of 1,000 feet.

b.

No building shall be located nearer to any property line of the center than a distance equal to twice the height of said building, provided that no building shall be located nearer to any street or highway right-of-way line than 50 feet.

(3)

Screening and transition. When such development is located in or adjacent to a residential district, or when located adjacent to a school, hospital, church or other public institution or open space, a landscaped strip of land not less than 200 feet in width shall be provided and maintained on all sides of the site. This strip shall serve as a transition between the shopping center and adjacent properties, and no part of which shall be utilized for any function of the shopping center, except that no more than 100 feet of said strip width on the interior side of the shopping center property may be used for parking. Such strip shall be occupied by plant materials and/or approved fences or masonry walls not exceeding six feet in height. The plans and specifications for the development shall include the proposed design of said transition strip.

(4)

Lighting. All lighting shall be accomplished in a manner such that no illumination source causes a nuisance to adjacent properties.

(5)

Signs. All signs shall conform to the provisions of article XXII of this chapter with the addition of one sign located on each street frontage and not exceeding 100 square feet in area identifying the shopping center. Such sign may be illuminated but not by an intermittent source.

(6)

Vehicular approach. Driveways and approaches shall be so designed and located as to create minimum interference with traffic on the surrounding public streets. No more than two driveways each, not to exceed 30 feet in width at the property line shall be permitted on each street frontage of the property. Such access shall be provided from major streets and highways which are fully capable of accommodating the maximum traffic anticipated to be generated by the center without undue interference with through traffic on such streets or highways. Driveways shall be located as far from street intersections as practicable, but in no case less than 100 feet.

(7)

Parking and circulation.

a.

There shall be provided no less than four square feet of parking and circulation space for every one square foot of leasable floor area within the center.

b.

Any individual parking space in the center shall be accessible by clearly demarcated pedestrian walks from the shopping area, which shall not intersect a vehicular way more than once.

c.

Automobile and truck service traffic shall be separated from one another to the fullest possible extent.

d.

On-site circulation facilities shall be designed so that there shall be no backing up of traffic into public streets.

e.

All areas accessible to vehicles shall be paved and maintained so as to provide a smooth, dustless, and well-drained surface.

f.

Parking areas shall be lighted for those hours of darkness during which establishments within the center are open for business.

(a)

The following essential services buildings shall be required to have a conditional use permit prior to their construction: transformer substations, pumping stations, communications relay stations, gas and steam regulating valves and stations and buildings of similar function.

(b)

No building shall be used for human occupancy.

(c)

An opaque fence or screening material may be required by the township when deemed necessary.

Greenhouses with on-site sales shall comply with the following provisions:

(1)

All sales activities shall be in a fully enclosed structure.

(2)

Sales shall be limited to plants (including seeds, bulbs, and roots) grown on or off the premises and accessory items. The definition of accessory items shall be limited to planting containers, growing media (e.g., soil, peat, and mulch), prepackaged fertilizers and handheld gardening tools.

(3)

Areas devoted to the sale of accessory items shall be clearly identified on the site plan and shall be limited to 2,000 square feet or 20 percent of the floor area of the building or buildings, whichever is less.

(a)

Purpose. A home occupation is recognized as a situation needed or desired by some residents of the community. However, the community also recognizes the rights of property owners to be free of nuisances which can result from home occupations. The purpose of these regulations is to ensure that any home occupations which are allowed are conducted as an incidental use of residential property which does not detract from the overall residential character of the neighborhood.

(b)

The nonresidential use shall be only incidental to the primary residential use of the property.

(c)

The home occupation shall be limited to the dwelling unit only and utilize no more than 30 percent of the total floor area exclusive of garage area, but will include for purposes of calculation, the basement area.

(d)

There shall be no more than one employee other than members of the immediate family residing on the dwelling unit.

(e)

All activities shall be conducted indoors.

(f)

There shall be no external evidence of such occupation except a small announcement sign as specified in article XXII of this chapter.

(g)

No home occupation shall be permitted which is injurious to the general character of the district and which creates a hazardous or unhealthy condition.

(h)

For the purposes of this provision, principal and accessory farm operations shall not be considered home occupations.

(i)

No structural alterations or additions, either interior or exterior, shall be permitted in order to accommodate a home occupation.

(Ord. No. 2019-03-01, § 6, 3-19-2019)

State Law reference— Instruction in craft or fine art as home occupation, MCL 125.3204.

(a)

No storage outside of a fully enclosed building shall be permitted.

(b)

The maximum length of any self-storage building shall be 150 feet.

(c)

No storage of combustible or flammable liquids, explosive materials, or toxic materials shall be permitted within the self-storage building or upon the premises.

(d)

The use of the premises shall be limited to storage only and shall not be used for operating any other business; for the maintaining or repairing of any vehicles, recreational equipment, or other items; or for any recreational activity, hobby, or purpose other than the storage of personal and business items.

The purpose of the following is to provide for the construction and maintenance of kennels within the township so as to protect the general health, safety, and welfare of residents and property owners and to preclude any harmful effects of such land use from occurring in any zoning district where such use may be permitted.

(1)

Definition. This section is intended to prohibit any premises being used contrary hereto and is defined as a premises on which three or more dogs over six months of age are boarded or bred, for remuneration, or kept for purchase or sale. Any person, firm, corporation, partnership, association or user of lands violating this section shall be guilty as herein defined. A dog kennel shall consist of a kennel building, dog runs, fencing and necessary parking.

(2)

Regulations. The building, heating, water supply, electricity and sanitary facilities shall meet the requirements of the codes and ordinances of the township. In addition, all kennels shall be regulated by the rules of the county animal shelter and Public Act No. 195 of 1969 (MCL 287.262 et seq.).

(3)

Inside enclosures. The minimum size of the enclosures within the required kennel building shall be not less than three feet by three feet square and four feet high. There shall be a door or gate to each enclosure which allows easy access for inserting or removing the dogs. All enclosures shall have a sloped concrete floor to facilitate cleaning and drainage. There shall be a minimum of one enclosure for any dog over 18 inches long or over 14 inches high.

(4)

Outside runs. The exterior runs shall be a minimum of three feet wide and ten feet long and have direct access to the kennel building. The opening into the required kennel building shall have a sliding or other type of closable door. Dogs shall be kept in the kennel building from 10:00 p.m. to 9:00 a.m. All exterior runs shall be paved and constructed with a slope to facilitate drainage.

(5)

Enclosure fences. The outside enclosures such as runs, etc., shall all have fencing a minimum of six feet high, of commercial cyclone quality or woven type of equal quality. The gates to these enclosures shall be self latching and each shall be equipped with a lock. The gate shall be locked at all times when not being used.

(6)

Noise and view fence. The dog runs, exercise yards and any places where the dogs are kept either full- or part-time must be enclosed with a view obstruction noise barrier such as an earth berm or sound fence. This fence shall allow air to pass through and may be constructed of masonry with sound baffles, or may be of a wood louver or other similar type. The fence and/or earth berm shall also be no less than six feet or more than eight feet high and no closer than three feet to any of the runs, exercise areas, places where the dogs are kept or any exterior property lines.

(7)

Off-street parking. Paved off-street parking is required for each kennel with one space for each employee, plus an additional five spaces for temporary visitors.

(8)

Enforcement. The determination of whether any violation of this section has been committed shall be made by the township zoning administrator.

State Law reference— Kennels, MCL 287.270 et seq.

The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee or similar body chosen by the members at a meeting. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of the alcoholic beverages is in compliance with the applicable federal, state and municipal laws.

State Law reference— Michigan liquor control code of 1998, MCL 436.1101 et seq.

(a)

Seasonal tent and recreational vehicle campgrounds, including recreational areas incidental thereto, must contain at least five acres in area.

(b)

Areas designated for travel trailers, camp trailers and/or tent trailers must meet the applicable requirements of part 125 of Public Act No. 368 of 1978 (MCL 333.12501 et seq.), and such rules and regulations as may be promulgated thereunder by the state department of environmental quality.

(c)

Any sale of foodstuff or merchandise shall be clearly incidental to the needs of the occupants and users of the seasonal camping grounds and recreation areas while therein and shall consist of packaged merchandise only.

(d)

Activities shall be adequately screened from adjoining residentially developed or residentially zoned property by an evergreen planting at least five feet in height at the time of planting. In addition, the area must be fenced by fence constructed in a manner approved by the zoning board of appeals.

(e)

All facilities shall be provided with safe and adequate sanitation and drinking facilities constructed to meet the requirements of the county health department.

(f)

Fires may be built only in picnic stoves or other equipment or space designated by the park owner. It shall be unlawful to cause any other fire whatsoever in any park, playground or recreation area.

(g)

No person shall deposit or abandon any garbage, refuse, sewage, trash, waste or other obnoxious material except in receptacles provided for such purpose and the grounds must be maintained in a clean and orderly manner at all times.

(h)

The owner or operator shall be responsible to regulate noise and litter so as to not be detrimental to the use and enjoyment of adjoining property, as determined by the zoning board of appeals.

(i)

Overnight camping shall be restricted to areas designated and posted for this purpose as authorized in the campground permit which areas shall be set back at least 150 feet from adjoining residentially used land or residentially zoned land.

(j)

Adequate off-street parking must be provided to ensure adequate parking space to meet the reasonably foreseeable demands anticipated for the campground or recreation area or playground facilities.

(k)

Vehicular entrances into and exits from the campground or recreation area shall be constructed with approach lanes approved by the county road department so as not to interfere with moving traffic.

State Law reference— Campgrounds, MCL 333.12501 et seq.

Golf courses are permitted subject to the requirements of this ordinance and the following special standards:

(1)

Major accessory uses such as a restaurant and bar shall be housed in a single building with the clubhouse. Minor accessory uses strictly related to the operation of the golf course itself, such as a maintenance garage and pro shop or golf shop may be located closer than 75 feet from the lot line of any adjacent residential land and from any existing or proposed public right-of-way.

(2)

All parking areas shall be paved and constructed in accordance with the standards of this article.

(3)

All ingress and egress from the site shall be directly onto a major or secondary thoroughfare.

(4)

All outdoor lighting shall be shielded to reduce glare and arranged so as to reflect the light away from abutting residential areas.

(5)

Whenever included, swimming pools shall be provided with a protective fence not less than six feet in height and entry shall be provided by means of a controlled gate or turnstile.

The township board, with recommendation from the planning commission, may permit the provision of a mobile home unit in any zoning district within the township on a temporary basis not to exceed a period of 30 days, provided that said board enters an order that the provision of such dwelling unit is to preserve the general health, safety and welfare of the occupants of the property and that there is an eminent danger to the preservation of buildings and their contents which may be resulted from natural or manmade causes. Prior to the expiration of the 30-day period, the property owner may submit a request to the township board for an extension not to exceed one year from the date of the first approval.

Towers, including those intended for transmitting or receiving radio, television or telephone communications may be permitted subject to the provisions of this article and the following special conditions:

(1)

No additional tower shall be permitted if there is a technically suitable space available on an existing communications tower within the geographic area that the new site is to serve.

(2)

Fencing according to the specifications of the planning commission shall be installed and maintained to secure the tower site.

(3)

Vegetative buffering according to the specifications of the planning commission shall be provided to screen the facility from adjacent land uses.

(4)

Additional setbacks beyond those required in the zoning district may be required to ensure safety in case of structural failure unless satisfactory certification is provided to the planning commission that the structure is adequately designed to ensure such safety.

(5)

Obsolete or unused facilities shall be removed within 12 months of cessation of operations at the site as determined by the planning commission.

(6)

A performance guarantee may be required by the planning commission to ensure compliance with any or all of the foregoing conditions and/or conditions of the special land use permit.

A commercial riding academy or stables are subject to the provisions of this article and the following special standards:

(1)

The minimum site size shall be 20 acres where all riding will take place within an arena building and 40 acres where riding will occur in open areas outdoors.

(2)

Where riding is intended outdoors, the applicant may be required to submit a trail plan for approval to the township planning commission showing the general location of intended riding trails.

(3)

All areas for stockpiling manure shall be screened from view, shall not be located closer than 250 feet to any property line, and shall not be allowed to become a nuisance.

(4)

Adequate off-street parking shall be provided for customers in the ratio of one space for every two horse boarding stalls. All parking areas shall be screened from view of an abutting residential use by a greenbelt, obscuring fence, or masonry wall when it is determined by the planning commission to be appropriate.

(5)

The township may require hard-surfaced off-street parking to include a durable, dustless, water permeable surface.

(6)

At least one unisex/handicap access restroom must be made available for public use.

(7)

The style and size of the structures shall be subject to the planning commission's review and approval to determine that the project will be compatible and consistent with the surrounding residential areas if applicable.

(8)

A manure management plan must be submitted to the planning commission for approval and shall be a condition of any conditional land use permit approval. The riding academy shall be operated according to the plan as approved or modified by the planning commission. Such guidelines shall be developed by rule by the planning commission.

(9)

The maximum number of horses/equestrian animals which may be kept on the premises shall be subject to the conditional land use permit conditions.

(10)

The size and location of any and all signs associated with the stable/riding academy shall be subject to planning commission approval.

(11)

Any sale of goods from the premises shall be specifically approved as a condition of conditional land use permit approval.

All principal use activities shall be conducted within a totally enclosed main building.

Public or institutional uses are subject to the following requirements:

(1)

Application and a site plan shall be submitted to the planning commission.

(2)

The required site plan shall show the property lines and dimensions of the tract and the proposed development, including all existing and proposed buildings and uses, as well as the location, dimensions and capacities of all areas to be used for motor vehicle parking.

(3)

Sufficient additional data shall be provided as needed to enable the planning commission to determine compliance with the requirements of this article, and to determine the best possible physical layout for the proposed use from the standpoint of its relationship to the general health, safety and welfare of the township and adjoining property values.

(4)

Before approving such plan or plans, the planning commission shall require proper guarantees that the proposed use shall not constitute a public hazard and is reasonably necessary for the convenience of the community.

Soil, sand, clay, gravel, topsoil, or similar removal operations are permitted in the AA—Agricultural District subject to the requirements of this article and the following special standards:

(1)

Permit. Where sand, gravel, topsoil or other substances are proposed to be removed from the site where found to another site; an annual operating permit is required to be obtained from the township board, after approval of the special use by the planning commission.

a.

Application for permit. The following information must be submitted as part of the conditional use permit for use by the township board, after approval of the conditional use by the planning commission.

1.

Names, addresses and telephone numbers of parties of interest in said premises setting forth their legal interest in said premises.

2.

Full legal description of the premises wherein operations are proposed.

3.

Detailed statements to method of operation, such as wet or dry method, what type of machinery or equipment will by used and estimated period of time that such operation will cover.

4.

Detailed statement as to exactly what type of deposit is proposed to be extracted.

5.

Proposed method of filling excavation where quarrying results in extensive under-surface excavation.

6.

Site plan prepared by a registered civil engineer or surveyor, at a scale of not more than 200 feet to the inch of the excavation area, and real property within one-half mile of such area with the names of the owners of record of such property, all residences and commercial establishments with such area and contour lines at not more than five-foot intervals. Such owner shall also present a map showing the proposed contours to which the excavation area would be established upon completion of the excavation operations.

7.

Reuse plan showing how the site will be used after operations are complete and indicating that the reuse can be accomplished within the guidelines of the present zoning classification.

b.

Permit fees. The sum established by resolution of the township board shall accompany the application for a mining and extraction permit. Said sum is to be used to defray the cost of engineering services, investigation, publication charges, and other miscellaneous administrative expenses occasioned by processing such application. Permits issued by the township board shall be for a period of one year expiring December 31 each year, and such permits may be renewed by the payment of an annual inspection fee established by resolution of the township board. Such permits shall be renewed as herein provided for so long as the permit complies with all of the provisions of this article or other conditions of this permit.

c.

Issuance of permits. After reviewing all of the information submitted by the applicant and such other information as may be in the hands of the township board, said board shall at a regular meeting determine whether or not a permit will be issued. The permit shall be issued in the event the township board shall determine that the issuance of the permit would not detrimentally affect the public health, safety, morals, and general welfare of citizens of the township.

(2)

Required conditions. The following requirements shall be mandatory:

a.

Pit operations.

1.

Where an excavation in excess of five feet deep will result from such operations, the applicant shall erect a fence completely surrounding the portion of the site where the excavation extends, said fence to be not less than five feet in height complete with gates, which gates shall be kept locked when operations are not being carried on.

2.

All interior roads used in connection with said excavation site shall be kept dust free by hard-topping with cement or bituminous substance. All ingress and egress to the site shall be directly onto a public road designated as a major or secondary thoroughfare on the community's adopted thoroughfare plan and having a paved surface suitable for carrying Class A loadings on a yearround basis. Weights for a Class A loadings shall be as defined by the county weigh master.

3.

The slopes of the banks of the excavation shall in no event exceed a minimum of seven feet to one foot (seven feet horizontal to one foot vertical) and where pond water results from the operation, this slope must be maintained and extended into the water to a depth of five feet.

4.

Where quarrying operations result in a body of water, the owner or operator shall place appropriate "Keep Out—Danger" signs around said premises not more than 200 feet apart. In order to protect water wells and the water supply of the township, the pumping or draining of water from such quarrying operations is absolutely prohibited. A dragline or other method of quarrying approved by the township board shall be followed.

5.

No cut or excavation shall be made closer than 100 feet from the nearest street or highway right-of-way line nor nearer than 100 feet to the nearest property line; provided, however, that the planning commission may prescribe more strict requirements in order to give sub-lateral support to surrounding property where soil or geographic conditions warrant it.

b.

Regulations for stripping.

1.

No soil, sand, gravel, clay or similar materials shall be removed below a point six inches above the mean elevation of the centerline of the nearest existing or proposed street or road established or approved by the county road department, except as required for the installation of utilities and pavements.

2.

Soil, sand, clay, gravel or similar materials shall be removed in such manner as to cause water to collect or to result in a place of danger or a menace to the public health. The premises shall at all times be graded so that surface water drainage is not interfered with.

3.

That sufficient topsoil is stockpiled on said site so that the entire site, when stripping operations are completed, may be recovered with a minimum of four inches of topsoil and the replacement of such topsoil shall be made immediately following the termination of the stripping operations. In the event, however, that such stripping operation continues over a period of time greater than 30 days, the operator shall replace the stored topsoil over the stripped areas as he progresses. In order to stabilize the replaced topsoil, the areas shall be seeded with an appropriate grass cover as replacement of topsoil progresses.

(3)

Performance bond. The township board shall, to ensure strict compliance with any regulations contained in this permit either for mining or topsoil stripping, require the permittee to furnish a cash performance bond in an amount determined by resolution of the township board to be reasonably necessary to ensure compliance hereunder. In fixing the amount of such performance bond, the township board shall take into account the probable cost of rehabilitating the premises per acre upon default of the operator, estimated expense to compel operator to comply by court decree, and such other factors and conditions as might be relevant in determining the sum reasonable in the light of facts and circumstances surrounding each application.

(a)

Purpose. Regulation of commercial wireless communication service towers and antennas is necessary to protect the public health, safety and welfare while meeting the communication needs of the public. The intent of this section is to minimize adverse visual effects of towers and avoid damage to adjacent properties while adequately serving the community.

(b)

Towers permitted in zoning districts. Towers and alternative design mounting structures that support antennas are conditional uses. All towers shall be subject to the following conditions:

(1)

In order to contain falling ice or debris from tower failure on-site, and to minimize conflict with adjacent properties, the base of a freestanding monopole guyed (lattice) tower shall be set back:

a.

From abutting residential districts and from any existing residence as measured from the tower base, as setback no less than 200 feet or 110 percent of the tower height, whichever is greater.

b.

From any street, public property or private property line the setback shall be equal to the height of the tower. The setback distance shall be measured from the base of the tower to the lot line. Guy wire anchors shall be set back 50 feet from all property lines and shall be located on the same parcel as the tower.

If the proposed tower will be located on a parcel of land surrounded on all four sides by agriculturally zoned property, the planning commission may approve a site plan with a reduction of the minimum sideline setback requirements of this section upon evidence that a satisfactory fall zone for the tower will be less than the required setback. The evidence submitted shall be prepared by a civil engineer.

(2)

For leased sites, a legally described parcel shall be established which provides suitable location and size to meet the requirements of this section.

(3)

The tower base shall be enclosed by a security fence, consisting of a six-foot tall chain link fence. Operation and maintenance of the tower shall adhere to ANSI (American National Standards Institute) standards or other federal or state standards which guide the industry.

(4)

A six foot tall landscaped screen may be required to screen around the exterior perimeter of the fenced area.

(5)

The maximum tower height shall be 350 feet as measured from the tower base. This maximum height shall include the tower and any attachments.

(c)

Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. If lights are required, a dual light system shall be employed to minimize the impact at night.

(d)

Signs. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

(e)

Application requirements. Application must be made for a building permit, and the following information must be submitted:

(1)

Site plan of the proposed tower location showing all existing and proposed features of the site, including maintenance buildings or pads constructed to support future carrier needs. The site plan shall also identify all buildings on the subject property and within the setback requirements identified under subsection (b)(1) of this section. Any structure utilized for the purpose of supporting an antenna in excess of 50 feet in height shall be subject to the provisions for site plan review. The applicant must present with the site plan a diagram identifying how this antenna will fit into the grid within the carrier's overall network. If such a structure has an approved site plan and has identified the location of future antenna, the applicant shall be subject to only a building application process.

(2)

Elevation of the proposed tower height above grade, and any other improvements or characteristics of the site or tower, including a description of the color and appearance of the tower. The applicant must seek ways to reduce the visual impact of the tower through camouflage, screening or site selection. The purpose is to provide compatibility of the tower and support structures with adjoining properties.

(3)

Documentation of the purpose of the tower, the number and type of joint users to be served at this site, Federal Aviation Administration approval and an engineer's certification of structural and electrical safety. The township may request that any information submitted be certified by an independent, licensed professional engineer, with the cost of this review borne by the applicant.

(4)

Proof of liability insurance shall be submitted to the township clerk.

(f)

Location/separation requirements. All commercial wireless telecommunications towers erected, constructed or located within the township shall comply with the following requirements:

(1)

A new commercial wireless telecommunications tower shall not be approved unless the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or structure within the township or within one mile of its boundary. The applicant shall provide documentation on their investigation and the rationale for not being able to co-locate on any existing towers or structures. The application must present a plan for how and where such network and/or grid will be developed in the township and surrounding area.

(2)

Any proposed commercial wireless telecommunications service tower shall be designed to accommodate both the applicant's equipment and that of at least two other users. One tower location shall be reserved for public safety purposes.

(3)

Separation distances between towers shall be applicable for and measured between the proposed tower and the preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, as established by the site plan for the proposed tower. The separation distances are as follows:

TABLE 1

(g)

Abandonment or unused towers or portions of towers. Abandoned or unused towers or portions of towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the township board, after recommendation by the planning commission. A copy of the relevant documents (including the signed lease, deed or land contract restrictions) which requires the applicant to remove the tower and associated facilities upon cessation of the operations shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities shall be removed by the township, with the costs of removal, including any administrative fees, assessed against the real property. The property shall be restored to original condition, prior to construction.

(h)

Location on town property. Antennas or towers may be located on property owned, leased, or otherwise controlled by the township, provided a license or lease authorizing such antenna or tower has been approved by the township.

(i)

Owner/operator responsibility. The tower owner or operator must inform the township clerk of any change in the status regarding the number of antennas located on the tower in order to define the potential for co-location by other applicants.

A group child care home shall meet all of the following standards:

(1)

Is located not closer than 1,500 feet to any of the following:

a.

Another licensed group child care home;

b.

Another adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Public Act No. 218 of 1979 (MCL 400.701 et seq.);

c.

A facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article VI of the public health code, Public Act No. 368 of 1978 (MCL 333.6101 et seq.);

d.

A community corrections center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections;

(2)

Has appropriate fencing for the safety of the children in the group child care home as determined by the township;

(3)

Maintains the property consistent with visible characteristics of the neighborhood;

(4)

Does not exceed 16 hours of operation during a 24-hour period. The township may limit but not prohibit the operation of a group child care home between the hours of 10:00 p.m. and 6:00 a.m.;

(5)

Meets regulations, if any, governing signs used by a group child care home to identify itself;

(6)

Meets regulations, if any, requiring a group child care home operator to provide off-street parking accommodations for his employees.

(Ord. of 2-2008)

The intent of this section is to regulate the location and operation of, but not to exclude, sexually oriented businesses within the township, and to minimize their negative secondary effects. It is recognized that sexually oriented businesses, because of their very nature, have serious objectionable operational characteristics which cause negative secondary effects upon nearby residential, educational, religious and other similar public and private uses. The regulation of sexually oriented businesses is necessary to ensure that their negative secondary effects will not contribute to the blighting or downgrading of surrounding areas and will not negatively impact the health, safety and general welfare of township residents. The provisions are not intended to offend the guarantees of the First Amendment to the United States Constitution or to deny adults access to sexually oriented businesses and their products, or to deny sexually oriented businesses access to their intended market. Neither is it the intent to legitimatize activities which are prohibited by township ordinance, state or federal law. If any portion of this section relating to the regulation of sexually oriented businesses or referenced in those sections is found to be invalid or unconstitutional by a court of competent jurisdiction, the township intends said portion to be disregarded, reduced and/or revised so as to be recognized to the fullest extent possible by law.

(Ord. of 10-19-2010)

(a)

No sexually oriented business shall be permitted in a location in which any principal or accessory structure, including signs, is within 1,000 feet of any principal or accessory structure of another sexually oriented business.

(b)

No sexually oriented business shall be located in any principal or accessory structure already containing a sexually oriented business.

(c)

No sexually oriented business shall be established on a parcel which is within 1,000 feet of any parcel zoned agricultural or residential.

(d)

No sexually oriented business shall be established on a parcel within 1,000 feet of any single- or multiple-family residence, public park, school, child care facility, church or place of worship. The distance between a proposed sexually oriented business and any single- or multiple-family residence, public park, school, child care facility, church or place of worship, or other sexually oriented business shall be measured in a straight line from the nearest property line upon which the proposed sexually oriented business is to be located to the nearest property line of the single- or multiple-family residence, public park, school, child care facility, church or place of worship.

(e)

The proposed use shall conform to all standards of the zoning district in which it is located.

(f)

The proposed use must meet all applicable written and duly promulgated standards of the township and of other governments or governmental agencies having jurisdiction, and that to the extent required, the approval of these governments and/or governmental agencies has been obtained or is reasonably assured.

(g)

The outdoor storage of garbage and refuse shall be contained, screened from view and located so as not to be visible from neighboring properties or the adjacent roadways.

(h)

Entrances to the proposed sexually oriented business must be posted on both the exterior and interior walls, in a location clearly visible to those entering and exiting the business, and using lettering no less than two inches in height that:

(1)

"Persons under the age of 18 are not permitted to enter the premises;"

(2)

"No alcoholic beverages of any type are permitted within the premises;" and

(3)

"No gambling shall be allowed in any such facility."

(i)

No product or service for sale or gift, or any picture or other representation of any product or service for sale or gift, shall be displayed so as to be visible by a person of normal visual acuity from the nearest adjoining roadway or a neighboring property.

(j)

Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., Monday through Saturday.

(k)

All off-street parking areas shall comply with all other requirements of this chapter and shall be illuminated during all hours of operation of the sexually oriented business, and until one hour after the business closes. All parking areas shall be posted stating that no loitering or congregation of patrons or others outside of the facility shall be allowed by the proprietor of the business.

(l)

Signage shall adhere to the township sign regulations and no advertisement shall be visible from the exterior of the facility related to the display or description of materials defined as "specified sexual activities" or "specified anatomical areas" or any language considered slang providing for the same description.

(m)

Any booth, room or cubicle available in any sexually oriented business, excepting an adult motel, used by patrons for the viewing of any entertainment characterized by the showing of "specified anatomical areas" or "specified sexual activities":

(1)

Is handicap accessible to the extent required by the Americans With Disabilities Act;

(2)

Is unobstructed by any door/lock or other entrance and exit control device;

(3)

Has at least one side totally open to a public, lighted aisle so that there is an unobstructed view at all times from the adjoining aisle of any occupant;

(4)

Is illuminated such that a person of normal visual activity looking into the booth, room or cubicle from its entrance adjoining the public lighted aisle can clearly determine the number of people within;

(5)

Has no holes or openings in any side or rear walls not relating to utility, ventilation or temperature control services or otherwise required by any governmental building code or authority.

(n)

Exempt uses. Any use that is licensed or certified for purposes of other professional service, including barbers or beauticians, massage or physical therapists, athletic trainers or other professions where bodily contact is anticipated as part of the service, and where those services are therapeutic and non-sexual in nature, shall be exempt from these provisions so long as the use does not extend to providing services similar to those identified under this section.

(a)

Purpose and intent. The purpose and intent of this section is to establish standards for the siting, installation, operation, repair, decommissioning and removal of large solar energy systems.

(b)

Site plan drawing and supporting materials. All applications for large solar energy systems use must be accompanied by detailed site plans, drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information:

(1)

All requirements for a site plan contained in article XVII of the Leroy Township [Zoning] Code unless inconsistent with this section, in which case the requirements of this section shall prevail.

(2)

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

(3)

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

(4)

Vicinity map showing the location of all surrounding land uses.

(5)

Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures and utilities associated with a large solar energy system.

(6)

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

(7)

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.

(8)

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

(9)

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.

(10)

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 county road department approval and shall be planned so as to minimize the use of lands for that purpose.

(11)

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

(12)

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.

(13)

Planned lightening protection measures.

(14)

Additional detail(s) and information as required by the conditional use requirements of chapter 38 of the Leroy Township Code of Ordinances, or as required by the planning commission.

(c)

Application escrow account. An escrow payment shall be deposited with the township by the applicant when the applicant applies for a conditional use for a large solar energy system. The monetary amount deposited by the applicant in escrow with the township shall be in the amount of $15,000.00, to cover all reasonable costs and expenses associated with the conditional use review and approval process, which costs shall include, but are not limited to, reasonable fees of the township attorney, township planner, and township engineer, as well as costs for any reports or studies that are reasonably related to the zoning review process for the application. Such escrow amount shall be in addition to any filing or application fees established by resolution. At any point during the conditional use review process, the township may require that the applicant place additional funds into escrow with the township, if the existing escrow amount deposited by the applicant is deemed insufficient by the township. If the escrow account needs replenishing and the applicant refuses to do so within 30 days, the conditional use process shall cease unless and until the applicant makes the required additional escrow deposit. Any applicable zoning escrow resolutions or other ordinances adopted by the township must also be complied with by the applicant. The township shall provide a summary of all account activity to the applicant within a timely manner upon request. Any funds remaining within the escrow after approval of the conditional use shall be returned in a timely manner to the applicant.

(d)

Compliance with the State Construction Code and the National Electric Safety Code. Construction of a large solar energy system shall comply with the National Electric Safety Code and the State Construction Code as a condition of any conditional use under this section. In the event of a conflict between the State Construction Code and National Electric Safety Code (NESC), the NESC shall prevail.

(e)

Certified solar array components. Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers ("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic Testing Laboratories ("ETL"), or other similar certification organization if the similar certification organization is approved by the township, which approval shall not be unreasonably withheld.

(f)

Height. Maximum height of a solar array, other collection device, components, or buildings of the large solar energy system, excluding substation and electrical transmission equipment, shall not exceed 15 feet (as measured from the natural grade at the base of improvements) at any time or location on the property. Substation and electrical transmission equipment shall not exceed 100 feet.

(g)

Lot size. A large solar energy system may only be located on one or more parcels with an aggregate minimum area of ten acres or greater.

(h)

Setbacks. A minimum setback distance of 50 feet from all exterior property lines of the large solar energy system and existing public roads and railroad rights-of-way shall be required for all buildings and solar arrays, provided that a setback of 75 feet shall be required adjacent to any residential structure.

(i)

Lot coverage. A large solar energy system is exempt from maximum lot coverage limitations.

(j)

Screening/security. A large solar energy system shall be completely enclosed by perimeter security fencing to restrict unauthorized access. Such fencing shall be at least six feet in height with a one-foot extension arm consisting of a minimum of three strands of barbed-wire placed above the fencing and slanting outward as measured from the natural grade of the fencing perimeter. Electric fencing is not permitted. The perimeter of a large solar energy system shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the large solar energy system from adjacent residential structures, subject to the following requirements:

(1)

Large solar energy systems shall be exempt from the greenbelt buffer requirements of article XVI.

(2)

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 percent dead or greater) and dead material shall be replaced by the applicant within one year or the next appropriate planting period, whichever comes first.

(3)

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 shall provide the township with a letter of credit, surety or corporate guarantee for an amount equal to one and one-half times the cost of any planting deficiencies that the township will hold until the next planting season. After all plantings have occurred, the township shall return the financial guarantee.

(4)

Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of this [section] and any conditional use may be subject to revocation.

(k)

Signage. No advertising or non-project related graphics shall be on any part of the solar arrays or other components of the large solar energy system. This exclusion does not apply to entrance gate signage or notifications containing points of contact or any and all other information that may be required by authorities having jurisdiction for electrical operations and the safety and welfare of the public.

(l)

Noise. No component of any large solar energy system shall emit noise exceeding 65 dBA as measured at the exterior property boundary or the existing ROW line.

(m)

Lighting. All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility on adjacent public roads.

(n)

Distribution, transmission, and interconnection. All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the large solar energy system, except in areas where technical or physical constraints make it preferable to install equipment above ground. This requirement excludes transmission equipment meant to connect the project substation to the local transmission system.

(o)

Abandonment and decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the large solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the planning commission for review and approval prior to issuance of the conditional use. Under this plan, all structures, concrete, piping, facilities, and other project-related materials above grade and any structures up to 42 inches below grade shall be removed offsite for disposal. Any solar array or combination of photovoltaic devices that is not operated for a continuous period of 12 months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original topography within 365 days of abandonment or decommissioning. Restoration shall also include bringing soil to its pre-development composition to ensure agricultural use upon restoration. Soil tests shall be required as a part of the decommissioning plan both before development and prior to decommissioning. Soil shall be brought back to pre-development state within 365 days of abandonment or decommissioning.

(1)

The applicant shall obtain a surety bond for reclamation in an amount to be determined by township engineer as a condition of site plan approval.

(2)

The township engineer shall be permitted to review the size of the farm and the number of solar panels that will be installed. The amount of the surety bond may fluctuate depending on the size of the farm. Once the engineer determines the surety bond amount, the applicant shall obtain a bond in said amount. Posting of the bond may be a condition of site plan approval.

(3)

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

(p)

General standards. The planning commission shall not approve any large solar energy system conditional use unless it finds that all of the general standards for conditional land uses contained in section 38-467 of the Leroy Township Code of Ordinances are met.

(q)

Approval time limit and extension. Conditional use and site plan approvals, under this section, shall be valid for one year beginning on the date of township board approval. Once commenced, should construction cease for period of 12 consecutive months, the conditional use and site plan approvals shall be considered null and void. If construction begun prior to the expiration date established by township board approval, the conditional use and site plan approvals shall remain in force as long as construction continues toward a reasonable and steady rate of completion. However, if requested by the applicant prior to the expiration date established by township board approval, the township board may consider an additional one-year period upon showing of good cause for the extension.

(r)

Conditions and modifications. Any conditions and modifications approved by the planning commission shall be recorded in the planning commissions' meeting minutes. The planning commission may, in addition to other reasonable conditions, require landscaping, walls, fences, and other improvements that are reasonable in relation to and consistent with the nature of the applicable or adjacent zoning districts. After approval, at least two copies of the final approved site plan shall be signed and dated by the chairperson of the planning commission and authorized representative of the applicant. One copy shall be kept on file by the township clerk, and one copy shall be returned to the applicant's authorized representative.

(s)

Inspection. The township shall have the right at any reasonable time, to provide a 24-hour notice prior to the desired inspection to the applicant to inspect the premises on which any large solar energy system is located. The township may hire one or more consultants, with approval from the applicant (which shall not be unreasonably withheld), to assist with inspections at the applicant's or project owner's expense. Inspections must be coordinated with, and escorted by, the applicant's operations staff at the large solar energy facility to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC, and all other applicable safety guidelines.

(t)

Maintenance and repair. Each large solar energy system must be kept and maintained in good repair and condition at all times. If the township zoning administrator determines that a large solar energy system fails to meet the requirements of this section and the conditional use, or that it poses a safety hazard, the zoning administrator, or his or her designee, shall provide notice to the applicant of the safety hazard. If, after a reasonable cure period (not to exceed seven days), the safety hazards are not corrected, the applicant is entitled to a hearing before the township board. If the township board determines that the safety hazard requires that the large solar energy system must be shut down, applicant shall immediately shut down the large solar energy system and not operate, start, or restart the large solar energy system until the issues have been resolved. Applicant shall keep a maintenance log on the solar array(s), which shall be available for the township's review within 48 hours of such request. Applicant shall keep all sites within the large solar energy system neat, clean, and free of refuse, waste or unsightly, hazardous or unsanitary conditions.

(u)

Roads. Any material damages to a public road located within the township resulting from the construction, maintenance, or operation of a large solar energy system shall be repaired at the applicant's expense. In addition, the applicant shall submit to the appropriate county agency a description of the routes to be used by construction and delivery vehicles, as well as a description of any road improvements that will be necessary to accommodate construction vehicles, equipment, or other deliveries. The applicant shall abide by all county requirements regarding the use and/or repair of county roads.

(v)

Continuing security. If any large solar energy system is approved for construction under this section, applicant shall post decommissioning security prior to the start of construction (in a mutually agreed upon form) for an amount necessary to accomplish the work specified in the decommissioning plan as agreed upon by the township and applicant. The amount shall be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the large solar energy system. Such financial security shall be kept in full force and effect during the entire time that the large solar energy system exists or is in place, and such financial security shall be irrevocable and non-cancelable.

(1)

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 conditional use permit and this Code of Ordinances and will subject the large solar energy system applicant, owners, and operator to all remedies available to the township, including any enforcement action, civil action, request for injunctive relief, and revocation of the conditional use.

(w)

Other requirements. Each large solar energy system shall also comply with all applicable federal, state, and county requirements, in addition to other applicable provisions of the Leroy Township Code of Ordinances.

(Ord. No. 2018-12-02, § 9, 12-18-2018)