A.

Intent. The purpose of this article is to establish controls on the impacts generated by permitted uses so as to prevent an unreasonable negative impact that might interfere with another person's use of his or her property, or that might cause harm to the public health, safety and welfare.

B.

Scope of application. After the effective date of this Ordinance, no structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, reconstructed, or moved, except in conformity with all applicable performance standards set forth in this article. No site plan shall be approved unless evidence is presented to indicate conformity with the requirements of this article.

C.

Submission of additional data. Nothing in this article shall preclude the applicant or other interested party from submitting additional data or evidence related to a specific case. In consideration of such data or evidence, the planning commission may waive or modify the regulations set forth in this article; provided that, the planning commission finds that no harm to the public health, safety and welfare will result and that the intent of this Ordinance will be upheld.

No activity, operation or use of land, buildings, or equipment shall be permitted if such activity, operation, or use produces an environmental impact or irritant to sensory perception which exceeds the standards set forth in this section.

A.

Noise.

1.

Definitions. The terms used in this section shall have the meaning ascribed to them as follows. Terms used in this section but not defined below or in article 3.00 shall have the meaning ascribed to them by the American National Standards Institute (ANSI) or its successor body.

a.

A-weighted sound level: The sound pressure level in decibels as measured on a sound level meter using the A-weighing network. The level so read may be designated dB(A).

b.

Ambient noise level: The all-encompassing average background noise associated with a given environment, often a composite of sounds near and far, of many different types, e.g., the general background noise in a neighborhood.

c.

Emergency: Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate attention.

d.

Impulsive sound: Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and discharge of firearms.

e.

Noise: Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

f.

Noise disturbance: Any sound which: (a) endangers or injures the safety or health of humans or animals; or (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. For the purposes of this Ordinance, a noise disturbance shall be further defined as any sound which exceeds the limits set forth in Table A, following, or other standards set forth in this section.

g.

Noise sensitive zone: An area which contains noise-sensitive activities, such as but not limited to, operations of schools, libraries, churches, hospitals, and nursing homes.

h.

Pure tone: Any sound which can be distinctly heard as a single pitch or a set of single pitches.

i.

Sound: An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium.

j.

Sound level: The weighted sound pressure level obtained by the use of a sound level meter and frequency weighing network (for the purposes of this Ordinance an A-weighted network), as specified by the American National Standards Institute.

k.

Vibration: An oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to a given reference point.

2.

Noise disturbances prohibited. No person shall unreasonably make, continue, or cause to be made or continued, any noise disturbance. Examples of noise disturbances include, but are not limited to:

a.

Sounds which exceed limits in Table A. Any sound which exceeds the limits set forth in Table A, following, shall be deemed a noise disturbance.

b.

Loading and unloading. Loading and unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects that causes a noise disturbance within a residential district boundary or within a noise sensitive zone shall be prohibited between the hours of 8:00 p.m. and 7:00 a.m.

c.

Construction. Operation of any tools, machinery or equipment used in construction, drilling or demolition work that causes a noise disturbance within a residential district boundary or within a noise sensitive zone shall be prohibited between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, 7:00 p.m. Fridays to 8:00 a.m. Saturdays, 7:00 p.m. Saturdays to 7:00 a.m. Mondays, and any time on holidays. Notwithstanding the foregoing, emergency work of public service utilities and work required by any governmental entity shall be permitted.

d.

Vibration. Operating of any device that creates vibration that is above the vibration perception threshold of an individual at or beyond the property of the source shall be prohibited. For the purposes of this section, "vibration perception threshold" means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

e.

Noise sensitive zones. Creation of any sound within any noise sensitive zone so as to disrupt the activities normally conducted within the zone shall be prohibited, even if the average A-weighted sound level is lower than the values shown in Table A; provided that conspicuous signs are displayed indicating the presence of the zone.

3.

Exceptions.

a.

Emergency exceptions. The provisions in this section shall not apply to: (a) the emission of sound for the purpose of alerting persons to existence of an emergency; or (b) the emission of sound in the performance of emergency work.

b.

Additional exceptions. The provisions in this section shall not apply to the following activities, provided that such activities are conducted in a legally accepted manner:

•

Snow plowing, street sweeping, and other public works activities.

•

Agricultural uses.

•

Church bells, chimes and carillons.

•

Lawn care and house maintenance that occurs between 8:00 a.m. and 9:00 p.m.

•

Licensed vehicles being operated on a road or street.

•

Trains and aircraft when on the ground.

•

Any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency.

•

The sound made within the terms of a fireworks display permit.

•

The sound made by permitted animals.

•

The sound made by the sounding of a horn of any vehicle as a danger warning signal or by the sounding of any warning device as required by law.

4.

Variances. An application for a variance from the provisions in this section may be submitted to the zoning board of appeals. The owner or operator of equipment on the property shall submit a statement regarding the effects of sound from the equipment on the overall sound level in the area. The statement shall include a study of the background sound levels, predicted level on sound at the boundary line due to the proposed operation, and justification for the variance. Upon review of the request for a variance, the zoning board of appeals may grant a variance where strict adherence to the permitted sound level would create unnecessary hardship and only if the variance will not create a threat to the health, safety and welfare of the public. The zoning board of appeals may impose conditions of operation when granting a variance.

5.

Maximum permitted sound levels by receiving zoning district. Sound emitted by any source is considered a noise disturbance when its average A-weighted sound level exceeds the limit set forth for the receiving zoning district in Table A, when measured at or within the property boundary of the receiving district. The noise standards for the various zoning districts identified in Table A shall, unless otherwise specifically indicated, apply to all property within the designated zone. No person shall operate or cause to be operated, any source of sound at any location of all the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which causes the sound level when measured on any other property to exceed:

Notes:

1.

Correction for tonal sounds. For any source of sound which emits a pure tone sound, such as a whine, screech or hum, the maximum sound level limits in Table A shall be reduced by 5 dB(A) where the receiving district is residential or commercial-noise sensitive.

2.

Correction for impulsive or impact-type sounds. For any source of sound which emits an atypical impulsive or impact-type sound, the maximum sound level limits in Table A shall be reduced by 5 dB(A) where the receiving district is residential or commercial-noise sensitive.

3.

Ambient noise. If the measure ambient noise level for any area is higher than the standard set in Table A, then the allowable noise exposure standard shall be the ambient noise level.

4.

Planned development. Where the receiving district is a planned development district, the applicable standard in Table A shall be based on the types of uses within the planned development, recognizing that a combination of residential and commercial uses may be located in a planned development district.

5.

Permitted land use. No new or substantially modified structure shall be approved for construction unless the owner or developer of such land demonstrates that the completed structure and the activities associated with and on the same property as the structure will not generate a noise disturbance as set forth in this section at the time of initial full-scale operation of such activities.

6.

Sound level management.

a.

Sound meter. Any sound or noise level measurement made pursuant to the provisions of this article shall be measured with a sound level meter using the A-weighting and meter response pursuant to the applicable manufacturer's instruction.

b.

Wind protection. Sound level meters shall be equipped with wind screens, and readings taken when the wind velocity at the time and place of measurements is not more than five miles per hour.

c.

Location of measurement. Sound level measurements shall be taken four feet above ground level and at least four feet from the nearest wall or other reflective surface.

d.

Representative conditions. Sound levels shall be determined by averaging minute-by-minute measurements made over minimum 15 minute sample duration, if practicable. The sample shall be taken under conditions that are representative of the noise experienced by the complainant (e.g., at night, morning, evening or during special weather conditions).

B.

Dust, smoke, soot, dirt, fly ash and products of wind erosion.

1.

Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the regulations established in conjunction with the Air Pollution Act, Michigan Public Act 348 of 1965, as amended, or other applicable state or federal regulations. No person, firm or corporation shall operate or maintain any process for any purpose, or furnace or combustion device for the burning of coal or other natural or synthetic fuels, unless such processes or devices use or are equipped with recognized and approved equipment, methods, or technology to reduce the quantity of gas-borne or airborne solids or fumes emitted into the open air.

2.

The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles or debris from open stock piles, shall be prohibited. Emission of particulate matter from materials, products, or surfaces subject to wind erosion shall be controlled by paving, oiling, wetting, covering, landscaping, fencing, or other means.

C.

Odor. Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on adjoining property, or which could be detrimental to human, plant, or animal life.

D.

Glare and heat. Any operation or activity which produces glare shall be conducted so that direct and indirect illumination from the source of light does not exceed one-half of one footcandle when measured at any point along the property line of the site on which the operation is located. Any operation, which produces intense glare or heat, shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view from any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.

E.

Fire and safety hazards.

1.

General requirements. The storage and handling of flammable liquids, liquefied petroleum gases, and explosives shall comply with all applicable state, county and local regulations, including the State Fire Prevention Act, Michigan Public Act 207 of 1941, as amended.

2.

Storage tanks.

a.

All storage tanks for flammable liquid materials above ground shall be located at least 150 feet from all property lines, and shall be completely surrounded by earth embankments, dikes, or another type of approved retaining wall capable of containing the total capacity of all tanks so enclosed. These provisions shall not apply to approved tanks which hold propane or other fuel used for heating a dwelling or other building on the site.

b.

Below ground bulk storage tanks which contain flammable material shall be located no closer to the property line than the distance to the bottom of the buried tank, measured at the point of greatest depth. All underground tanks shall be registered with the Michigan Department of Natural Resources, in accordance with Michigan Public Act 165 of 1985, as amended.

3.

Detonable materials. The storage, utilization, or manufacture of detonable materials shall be permitted subject to approval by the fire chief with the following restrictions:

Detonable materials covered by these requirements include, but are not necessarily limited to the following:

a.

All primary explosives such as lead azide, lead styphnate, fulminates and tetracene.

b.

All high explosives such as TNT, RDX, HMX, PETN, and picric acid.

c.

Propellants and components thereof such as dry nitrocellulose, black powder, boron hydrides, and hydrazine and its derivatives.

d.

Pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate.

e.

Blasting explosives such as dynamite and nitroglycerine.

f.

Unstable organic compounds such as acetylides, tetrazoles and ozonides.

g.

Strong unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentrations greater than 35 percent.

h.

Nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

F.

Sewage wastes and water pollution. Sewage disposal (including septic systems) and water pollution shall be subject to the standards and regulations established by federal, state, county and local regulatory agencies, including the Michigan Department of Health, the Michigan Department of Natural Resources, the Oakland County Health Department, and the U.S. Environmental Protection Agency.

G.

Gases. The escape of or emission of any gas which is injurious or destructive to life or property, or which is explosive, is prohibited. Gaseous emissions shall be subject to regulations established in conjunction with the Air Pollution Act, Michigan Public Act 348 of 1965, as amended, the Federal Clean Air Act of 1963, as amended, and any other applicable state or federal regulations. Accordingly, gaseous emissions measured at the property line at ground level shall not exceed the levels indicated in the following chart, which is based on the National Ambient Air Quality Standards, unless a higher standard is imposed by a federal, state, county or local regulatory agency which has jurisdiction:

H.

Electromagnetic radiation and radio transmission. Electronic equipment required in an industrial, commercial, or other operation shall be designed and used in accordance with applicable rules and regulations established by the Federal Communications Commission (FCC). The operation of such equipment shall not interfere with the use of radio, television, or other electronic equipment on surrounding or nearby property.

I.

Radioactive materials. Radioactive materials, wastes and emissions, including electromagnetic radiation such as from an x-ray machine, shall not exceed levels established by federal agencies which have jurisdiction. No operation shall be permitted that causes any individual outside of the lot lines to be exposed to any radiation exceeding the lowest concentration permitted for the general population by federal and state laws and regulations currently in effect.

(Ord. No. 14-15, pt. 2, 10-5-2015)

In the event that the township receives complaints or otherwise acquires evidence of possible violation of any of the performance standards set forth in this article, the following procedures shall be used to investigate, and if necessary, resolve the violation:

A.

Official investigation.

1.

Upon receipt of evidence of possible violation, the building official will make a determination whether there is reasonable cause to suspect the operation is indeed in violation of the performance standards. The building official may initiate an official investigation in order to make such a determination.

2.

Upon initiation of an official investigation, the building official is empowered to require the owner or operator of the facility in question to submit data and evidence deemed necessary for the building official to make an objective determination regarding the possible violation. Failure of the owner or operator to supply requested data shall constitute grounds for taking legal action to terminate the use and/or deny or cancel any permits required for continued use of the land. Data which may be required includes, but is not limited to the following:

a.

Plans of the existing or proposed facilities, including buildings and equipment.

b.

A description of the existing or proposed machinery, processes and products.

c.

Specifications for the mechanisms and techniques used or proposed to be used to control emissions regulated under the provisions of this article.

d.

Measurement of the amount or rate of emissions of the material purported to be in isolation.

B.

Cost of determination. If the alleged violation is found to exist in fact, the costs of making such determination shall be charged against those responsible, in addition to such other penalties as may be appropriate.

C.

Appropriate remedies. If, after appropriate investigation, the building official determines that a violation does exist, the building official will take or cause to be taken lawful action as provided by this Ordinance to eliminate such violation. The owners or operators of the facility deemed responsible shall be given written notice of the violation. The building official will take appropriate action in accordance with the owner or operator's response to the notice of violation. Appropriate action includes the following:

1.

Correction of violation within time limit. If the alleged violation is corrected within the specified time limit, even if there is no reply to the notice, the building official will note "Violation Corrected" on the township's copy of the notice, and the notice will be retained on file. If necessary, the building official may take other action as may be warranted by the circumstances of the case, pursuant to the regulations in this and other ordinances.

2.

Violation not corrected and no reply from owner or operator. If there is no reply from the owner or operator within the specified time limits (thus establishing admission of violation, as provided section 20.03, subsection A), and the alleged violation is not corrected in accordance with the regulations set forth in this article, then the building official will take such action as may be warranted to correct the violation.

3.

Reply requesting extension of time. If a reply is received within the specified time limit indicating that an alleged violation will be corrected in accordance with the regulations set forth in the zoning ordinance, but that more time is required than was granted by the original notice, the building official may grant an extension if:

a.

The building official deems that such extension is warranted because of the circumstances in the case; and

b.

The building official determines that such extension will not cause imminent peril to life, health or property.

4.

Reply requesting technical determination.

a.

If a reply is received within the specified time limit requesting further review and technical analysis even though the alleged violations continue, then the building official may call in properly qualified experts to complete such analysis and confirm or refute the initial determination of violation.

b.

If expert findings indicate that violations of the performance standards do exist in fact, the costs incurred in making such a determination shall be paid by the persons responsible for the violations, in addition to such other penalties as may be appropriate under the terms of this Ordinance. Such costs shall be billed to those owners or operators of the subject use who are deemed responsible for the violation. If the bill is not paid within 30 days, the township shall take whatever appropriate action is necessary to recover such costs, or alternately, the cost shall be charged against the property where the violation occurred. The township shall have a lien against the land for the amount of the expense, which lien shall be enforced in the manner provided by law for the enforcement of tax liens through a miscellaneous special assessment. If no substantial violation is found, cost of determination shall be paid by the township.

D.

Continued violation. If, after the conclusion of the time period granted for compliance, the building official finds that the violation still exists, any permits previously issued shall be void and the township shall initiate appropriate legal action, including possibly pursuit of remedies in circuit court.

E.

Appeals. Action taken by the building official pursuant to the procedures outlined in this section may be appealed to the zoning board of appeals within 30 days following said action. In the absence of such appeal, the building official's determination shall be final.

(Ord. No. 02-20, § 2, 3-2-2020; Ord. No. 08-21, § 1, 9-7-2021)