It is the purpose of this article of this ordinance to provide regulations and requirements that supplement the provisions contained under the respective district regulations in Article IV, and may or may not apply in all zoning districts.

5.2.1.

General sign regulations.

a.

No sign shall be erected at any location whereby reason of the position, size, shape, color, movement, or illumination may interfere with or obstruct the view of traffic, nor shall any sign be confused with any authorized traffic sign, signal, or device.

b.

All signs shall be designed, constructed, and maintained so as to be appropriate in appearance with the existing or intended character of their vicinity so as not to change the aesthetic character of such area.

c.

In the primary agricultural district, all residential districts, and the local neighborhood commercial district signs may be illuminated only by non-flashing, reflected light. Any light used to illuminate such signs shall be so arranged as to reflect light away from adjoining premises and streets. All signs shall be placed no closer to the street right-of-way line than one-half the minimum authorized front yard depth.

d.

In the general highway commercial, light industrial, and general industrial districts, all signs may be illuminated internally or by reflected light provided the source of light is not directly visible and is so arranged to reflect away from the adjoining premises and streets. No illumination involving movement by reason of the lighting arrangement or other devices shall be permitted.

e.

Unless otherwise specifically stated, all signs shall conform to the yard and height requirements of the district in which said sign is located.

5.2.2.

Permitted on-site signs in the primary agricultural district. The following on-site signs are permitted on any one lot in the agricultural district:

a.

One on-site sign advertising the sale or lease of the lot, chattels, or building, not exceeding six square feet in area.

b.

One on-site sign announcing a home occupation not to exceed three square feet in area.

c.

One on-site sign identifying a park, school building, or other authorized use not to exceed 18 square feet in area.

d.

One on-site sign advertising the type of farm products grown on the farmstead not to exceed 12 square feet in area.

5.2.3.

Permitted on-site signs in residential districts. The following on-site signs are permitted on any one lot in residential districts:

a.

One on-site sign advertising the sale or lease of the lot, chattels, or building not exceeding six square feet in area.

b.

One on-site sign announcing a home occupation, boarding home, or professional service, not to exceed three square feet in area and it shall be attached flat against the front wall of the building.

c.

One on-site sign advertising a recorded subdivision or development not to exceed 18 square feet in area. Such sign shall be removed within one year after the sale of 90 percent of all lots or units within said subdivision or development.

d.

One on-site sign not having commercial connotations identifying a multiple-family building or development or manufactured home park; [not] to exceed 18 square feet in area.

e.

One on-site sign identifying a school, church, public building, or other authorized use, not to exceed 18 square feet in area.

5.2.4.

Permitted on-site signs in the local neighborhood commercial district. The following on-site signs [are] permitted on any one lot in the local neighborhood commercial district:

a.

One on-site identification sign may be affixed flat against the wall of a building. The total sign area shall not exceed one-quarter square foot for each foot in length or height of the wall, whichever is greater. No such sign shall extend above the wall to which it is affixed.

b.

One on-site freestanding identification sign may be erected for a neighborhood shopping center. Such sign shall not exceed 24 square feet in area, nor be closer to the front, side, or rear property line than one-half the distance of the required setback.

c.

One on-site freestanding identification sign may be erected for each separate enterprise situated on an individual lot not within a shopping center. Such sign shall not exceed 18 square feet in area, nor be closer to the front, side, or rear property line than one-half the distance of the required setback.

5.2.5.

Permitted on-site signs in the general highway commercial and all industrial districts. The following onsite signs are permitted on any one lot in the general highway commercial and all industrial district:

a.

One on-site sign may be affixed flat against the wall of the building, or may project therefrom not more than 48 inches. The total sign area shall not exceed one-half square foot for each foot in length or height of the wall, whichever is greater.

b.

One on-site freestanding identification sign may be erected for a shopping center or other integrated group of stores or commercial buildings. The area of said sign shall be based on one square foot for each front foot of building, or buildings, for which it is established; however, it shall not exceed 200 square feet in area, nor be closer to the front, side, or rear property line than one-half the distance of the required building setback.

c.

One on-site freestanding identification sign may be erected for each separate enterprise situated on an individual lot not located within a shopping center. Such sign shall not exceed 80 square feet in area, nor be closer to the front, side, or rear property line than one-half the distance of the required building setback.

5.2.6.

Off-site signs. Off-site signs, signs advertising a product for sale or a service to be rendered at a location other than the premises, shall be permitted in the general highway commercial and all industrial districts under the following conditions:

a.

Off-site signs are required to conform to yard and height requirements as other principal structures or buildings in the zone in which they are situated.

b.

Where two or more off-site signs are along the frontage of a single street or highway, they shall not be less than 1,000 feet apart. A double face (back to back) or a V-type structure shall be considered a single sign.

c.

The total surface area, facing in the same direction of any off-site sign, shall not exceed 300 square feet in area.

d.

No off-site sign shall be erected on the roof of any building, nor have one sign above another sign.

e.

Off-site signs may be illuminated by reflected light only, provided the source of light is not directly visible and is so arranged to reflect away from the adjoining premises and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights. No illumination involving movement by reason of lighting arrangement or other devices shall be permitted.

5.2.7.

Signs for automobile service stations. Notwithstanding other provisions of this ordinance, one permanently installed sign shall be permitted on each street frontage, installed so that a clear view of street traffic by motorists or pedestrians may not be obstructed in any way to a height of 16 feet other than necessary supports, and not exceeding 25 square feet in area. A sign or legend may also be placed flat on the main building or fuel pump canopies.

5.2.8.

Temporary signs. (Amended October 9, 2007)

a.

Definition. Temporary sign means a sign which is not permanently affixed and is not intended for long term use. Examples of temporary signs include all devices such as banners, pennants, flags (not intended to include flags of any nations), searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures.

b.

When permitted. Temporary signs are permitted in all industrial and commercial zoning districts.

c.

Sign requirements. Temporary signs are permitted in the above noted zoning districts with the following requirements:

1.

Display period. Banners, pennants, A-frame signs, portable signs, sandwich board signs, sidewalk or curb signs shall be erected for a period not to exceed two weeks in a six-month period.

2.

Projection into right-of-way. No temporary sign shall be strung across any public right-of-way nor shall any temporary sign project beyond the property line.

3.

Area and height. No temporary banner sign may have a single face greater than ten square feet in area nor have a greater height than ten feet above the ground; provided, however, that the lower edge of such sign shall be a height of not less than eight feet above ground level. No temporary ground sign shall exceed six feet in height.

4.

Removal. Temporary signs shall be removed promptly at the end of the display period provided above.

5.

Unsafe signs. Any temporary sign found by the Zoning Inspector to be in an unsafe condition must be removed by the owner within three days after his receipt of notice to do so by the administrator.

6.

Limitation on placement. Temporary signs shall be limited to private property only.

7.

Hazardous signs prohibited. Temporary signs shall not create a hazard for either vehicular or pedestrian traffic by creating either a visual or physical obstruction.

d.

Temporary sign permit. All temporary signs shall require a temporary sign permit. A permit may be obtained by filing a temporary sign application with the Township and, if the Zoning Administrator approves the application, the applicant shall pay a temporary sign permit fee as specified by the Township Board. The Township requires seven to ten days for review and processing of any temporary sign permit.

In all districts, there shall be provided at the time any building, structure, or use is established, enlarged, or increased in capacity, off-street parking spaces for motor vehicles with the requirements herein specified. Such off-street parking spaces shall be maintained and shall not be encroached upon by structures or other uses so long as the principal building, structure, or use remains, unless an equivalent number of such spaces are provided elsewhere in conformance with this ordinance.

5.3.1.

Plans. Plans and specifications showing required off-street parking spaces, including the means of access and interior circulation, shall be submitted to the Building Inspector for review at the time of application for a zoning compliance permit for the erection or enlargement of a building.

5.3.2.

Location of off-street parking areas. Required off-street parking facilities shall be located on the same lot as the principal building or on a lot within 300 feet thereof except that this distance shall not exceed 150 feet for single-family and two-family dwellings. This distance specified shall be measured from the nearest point of the parking facility to the nearest point of the lot occupied by the building or use that such facility is required to serve.

5.3.3.

Parking in residential districts. (Amended March 2006)

a.

Parking of motor vehicles in residential districts shall be limited to passenger vehicles, and not more than one commercial vehicle of the light delivery type, not to exceed one ton, shall be permitted per dwelling unit. The parking of any other type of commercial vehicle, except for those parked on school or church property, is prohibited in a residential zone.

b.

The parking or storage of recreational vehicles, boats, campers, trailers, motor homes, snowmobiles, or other vehicles or items ordinarily towed, driven or used for a special purpose, is prohibited in the front yard of any lot, or closer to the side street on a corner lot than the back line. A person may park one of the above named vehicles for a period of up to 48 hours, after which the vehicle shall be moved. If further time is needed, a person may request an extension of no more than two weeks from the Township Chief of Police.

c.

For purposes of this section a commercial vehicle is defined as any vehicle used to generate income, and which, by appearance, is anything other than usual and customary personal family transportation.

5.3.4.

Off-street parking area design.

a.

Each off-street parking space for automobiles shall be not less than 200 square feet in area, exclusive of access drives or aisles, and shall be of usable shape and condition.

b.

There shall be provided a minimum access drive of ten feet in width, and where a turning radius is necessary, it will be of such an arc as to reasonably allow an unobstructed flow of vehicles.

c.

Parking aisles for automobiles shall be of sufficient width to allow a minimum turning movement in and out of parking space. The minimum width of such aisles shall be:

1.

For 90-degree or perpendicular parking, the aisle shall not be less than 22 feet in width.

2.

For 60-degree parking, the aisle shall not be less than 18 feet.

3.

For 45-degree parking, the aisle shall not be less than 13 feet in width.

4.

For parallel parking, the aisle shall not be less than ten feet in width.

d.

All off-street parking spaces shall not be closer than five feet to any property line, except where a wall, fence, or compact planting strip exists as a parking barrier along the property line.

e.

All off-street parking areas shall be drained so as to prevent drainage to abutting properties and shall be constructed of materials which will have a dust-free surface resistant to erosion.

f.

Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential lot or institutional premises.

g.

Any off-street parking area providing space for five or more vehicles shall be effectively screened on any side which adjoins or faces property adjoining a residential lot or institution, by a wall, fence, or compact planting not less than four feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property.

h.

All off-street parking areas that make it necessary for vehicles to back directly into a public road are prohibited, provided that this prohibition shall not apply to off-street parking areas of one- or two-family dwellings.

5.3.5.

Collecting parking. Requirements for the provision of parking facilities with respect to two or more property uses of the same or different types may be satisfied if the permanent allocation of the requisite number of spaces designated is not less than the sum of individual requirements.

5.3.6.

Determining requirements. For the purposes of determining off-street parking requirements, the following units of measurement shall apply:

a.

Floor area. In the case where floor area is the unit for determining the required number of off-street parking spaces, said unit shall mean the gross floor area, except that such floor area need not include any area used for parking within the principal building and need not include any area used for incidental service storage, installations or mechanical equipment, penthouse housing ventilators and heating systems, and similar uses.

b.

Places of assembly. In stadiums, sports arenas, churches, and other places of assembly in which those in attendance occupy benches, pews, or other similar seating facilities, each 18 inches of such seating facilities shall be counted as one seat. In cases where a place of assembly has both fixed seats and open assembly area, requirements shall be computed separately for each type and added together.

c.

Fractions. When units of measurement determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one parking space.

5.3.7.

Schedule of off-street parking spaces. The minimum required off-street parking spaces is set forth in the following schedule of off-street parking spaces. Where a use is not specifically mentioned, the parking requirements of a similar or related use shall apply.

5.3.8.

Exception. The parking requirements for all uses proposed on a lot shall be cumulative, unless the Planning Commission shall find that the parking requirements of a particular land use occur at different hours from those of other contiguous land uses, such that particular land use parking areas can be advantageously used during non-conflicting hours by the other contiguous land use, in which event the required parking spaces for such particular land use may be reduced by the Planning Commission to a minimum of the greatest number of spaces required for any of such contiguous land uses.

In connection with every building, structure, or use hereafter erected, except single- and two-family dwelling unit structures, which customarily receive or distribute material or merchandise by vehicle, there shall be provided on the same lot with such buildings, off-street loading and unloading space.

5.4.1.

Plans. Plans and specifications showing required loading and unloading spaces including the means of ingress and egress and interior circulation shall be submitted to the Zoning Inspector for review at the time of application for a zoning compliance permit.

5.4.2.

Off-street loading area design.

a.

Each off-street loading and unloading space shall not be less than ten feet in width and 55 feet in length with not less than 15 feet in height clearance.

b.

Any loading-unloading space shall not be closer than 50 feet to any other lot located in any residential district unless wholly within a completely enclosed building or unless enclosed on all sides by a wall, fence, or compact planting not less than six feet in height.

c.

All off-street loading and unloading facilities that make it necessary to back out directly into a public road shall be prohibited.

5.4.3.

Off-street loading area space requirements.

a.

In the case of mixed uses on one lot or parcel, the total requirements for off-street loading unloading facilities shall be the sum of the various uses computed separately.

b.

All retail sales facilities having over 5,000 square feet of gross floor area shall be provided with at least one off-street loading-unloading space, and for every additional 20,000 square feet of gross floor space, or fraction thereof, one additional loading-unloading space.

c.

All industrial and wholesale commercial land uses shall provide one loading space for each 10,000 square feet of floor space, with a minimum of not less than two loading spaces.

The formulation and enactment of this ordinance is based upon the division of Madison Charter Township into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses, however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because 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 Madison 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.

5.5.1.

Authority to grant permits. The Planning Commission, as hereinafter provided, shall have the authority to grant conditional use permits, subject to such conditions of design, operation, and safeguards as the Planning Commission may determine for all conditional uses specified in the various district provisions of this ordinance.

5.5.2.

Application and fee. Application for any conditional use permit permissible under the provisions of this ordinance shall be made to the Planning Commission through the Township Clerk by filing an official conditional use permit application form; submitting a site plan in accordance with Section 5.6; and depositing the required fee as established by resolution of the Madison Township Board, except that no fee shall be required of any governmental body or agency. No part of such fee shall be returnable to the applicant.

5.5.3.

Application and site plan requirements. An application for a conditional use permit shall include the applicant's name and address in full, a statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved, and a site plan as specified in, and in conformance with, Section 5.7, Site Plan Review and Approval, of this ordinance.

5.5.4.

Public hearing. The Planning Commission shall hold a public hearing upon any application for a conditional use permit, notice of which shall be given by one publication in a newspaper of general circulation in the Township, within 15 days but not less than five days preceding the date of said hearing.

5.5.5.

Required standards and findings for making determinations. The Planning Commission shall review the site plan submitted in accordance with Section 5.6 for proposed conditional uses 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 meets or does not meet those standards.

a.

Development standards applying to all proposed conditional uses.

1.

The proposed conditional use shall be harmonious with and in accordance with the general objectives, intent, and purposes of this ordinance.

2.

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

3.

The proposed conditional use shall 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.

The proposed conditional use shall not be hazardous or disturbing to existing or future neighboring uses.

5.

The proposed conditional use shall not create excessive additional requirements at public costs for public facilities and services.

b.

Development standards applying to specific proposed conditional uses. A conditional use permit shall not be issued for the uses specified in this subsection unless complying with the site development requirements as herein specified. The Planning Commission may impose additional conditions and safeguards when deemed necessary by that body in accordance with Section 5.5.9 of this ordinance.

1.

Airports, subject to the following standards:

A.

The area proposed shall be sufficient to meet the Federal Aeronautics Administrations requirements for the class of airport proposed.

2.

There are no existing flight obstructions such as towers, chimneys or other tall structures, or natural obstructions outside the proposed airport which would fall within the approach zone to any of the proposed runways or landing strips of the airport.

3.

There is sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aeronautics Administration of any other appropriate authority. In cases where air rights or easements have been acquired from the owners of abutting properties, in which approach zones fall, satisfactory evidence thereof shall be submitted with the application.

4.

Any buildings, hangars, or other structures shall be at least 100 feet from any street or lot line.

5.

The site plan submitted for review and approval shall, in addition to the information required in Subsection 5.6.4, include the proposed layout of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees, and overhead wires falling within the airport approach zone and less than 500 feet distance from the boundary lines of the airport.

6.

Amusement parks, subject to the following standards:

A.

The lot size shall be a minimum of ten acres.

B.

The site shall be so planned as to provide all ingress and egress directly onto a County primary road or a State or Federal highway.

C.

There shall be provided at least a 100-foot setback from the property line abutting the County primary road or State or Federal highway.

D.

Such use shall be located at least 200 feet from any property line of abutting residentially zoned lands.

7.

Animal hospital and nonprofit animal shelter, subject to the following standards:

A.

Except where animals are kept in a soundproof air conditioned building, no structure or area occupied by animals shall be 300 feet of the property line of any adjacent lot.

8.

Automobile service stations, subject to the following standards:

A.

An automobile service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street lot line, and not less than 25 feet from any side or rear lot line adjoining a residentially zoned district.

B.

All driveways providing ingress to or egress from an automobile service station shall be not more than 30 feet wide at the property line. No driveway or curb opening shall be located nearer than 20 feet to any intersecting street right-of-way, or adjacent to residential property. No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway giving access to or from the same automobile service station.

C.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 15 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

D.

Outdoor storage or parking of wrecked or partially dismantled vehicles shall be prohibited.

9.

Automobile repair garages, subject to the following standards:

A.

An automobile repair garage shall be located not less than 40 feet from any street lot line.

B.

An automobile repair garage shall be located not less than 100 feet from any residentially zoned area.

C.

All repair equipment and activity shall be located within a completely enclosed building.

D.

Outdoor storage or parking of wrecked or partially dismantled vehicles shall be prohibited for a period greater than ten days.

10.

Bulk fuel storage, subject to the following standards:

A.

The storage and handling of flammable liquids shall comply with all State rules and regulations including the Fire Prevention Act, Act 207 of the Public Acts of 1941, as amended.

B.

Except as otherwise regulated by the statutes of the State of Michigan:

(1)

The setback requirements for all above ground storage tanks for bulk storage of fuel of any kind shall be located not less than 200 feet from any property lines.

(2)

All bulk fuel storage tanks shall be completely surrounded by earth embankments, dikes, or other types of retaining walls which will contain the total capacity of all tanks so enclosed.

(Adopted December 29, 2017)

11.

Cemeteries, subject to the following standards:

A.

The cemetery shall be designed so as to provide principal access directly onto a County primary road or a State or Federal highway.

B.

The minimum lot size shall be five acres (unless a greater requirement is applied in other parts of the ordinance).

C.

The perimeter of the site shall be fenced. Said fence shall measure from four to six feet in height and shall comply with the provisions of Section 5.15.

D.

No graves shall be located within the required front, side, and rear yards as specified with the zoning district in which the cemetery is located.

E.

No public mausoleum, columbarium, crematory, or cemetery chapel shall be erected within 200 feet of the lot or parcel on which it is located.

12.

Churches, and other buildings for religious worship, subject to the following standards:

A.

The minimum lot area shall be three acres (unless a greater requirement is applied in other parts of this ordinance).

B.

The minimum lot width shall be 150 feet.

C.

All front, side, and rear yard widths shall be a minimum of 50 feet.

13.

Commercially operated trails for use by motorcycles, dune buggies, snowmobiles, and similar types of vehicles, subject to the following standards:

A.

The minimum site size shall be ten acres.

B.

The sites shall have direct access to a County primary road or a State or Federal highway.

C.

There shall be provided at least a 100-foot setback from the property line that abuts the County primary road or State or Federal highway.

D.

Such use shall be located at least 500 feet from any property line of abutting residentially zoned lands.

E.

The perimeter of the site shall be fenced to a height of four to six feet in accordance with Section 5.15.

14.

Convalescent homes, nursing homes, hospitals, sanitariums, and orphanages, subject to the following standard:

A.

No building shall be closer than 100 feet from any property line.

15.

Country clubs, subject to the following standard:

A.

Clubhouses and accessory buildings shall be located not less than 200 feet from abutting residentially zoned lands.

16.

Drive-in businesses, subject to the following standards:

A.

Access to and egress from a drive-in establishment shall be arranged for the free flow of vehicles at all times, so as to prevent the blocking or endangering of vehicular or pedestrian traffic through the stopping or standing of vehicles on sidewalks or streets.

B.

Ingress and egress driveways shall be located at least 25 linear feet from any corner when said property abuts an intersection of two streets to provide adequate sight distance from both vehicles and pedestrians.

C.

No access or egress shall be so arranged that vehicles can enter or leave the area only by backing on or across any sidewalk or back into any street.

D.

All access and egress driveways shall cross a sidewalk only in such a manner that its width at the inner edge of the sidewalk is no greater than its width at the curb, excluding any curved or tapered section known as the curb return. Any portion of a parking or loading area abutting a sidewalk at a point other than a permitted driveway shall be provided with wheel stops, bumper guards, or other devices to prevent encroachment of parked, standing or moving vehicles upon any sidewalk area not contained within a permitted driveway.

E.

All driveways providing ingress and egress to a drive-in business shall be not more than 30 feet wide at the property line. No driveway shall be located nearer than 30 feet, as measured along the property line, to any other driveway providing access to or from the drive-in business.

17.

Drive-in theaters, subject to the following standards:

A.

Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least seven feet in height. Fences shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.

B.

All fenced-in areas shall be set back at least 100 feet from any front street or property line.

C.

The area accessible to patrons' vehicles shall be treated with a suitable material to prevent dust.

D.

Reservoir parking space off the street shall be provided for patrons awaiting admission in an amount not less than 30 percent of the vehicular capacity of the theater.

E.

The vehicular circulation shall be so designed and constructed as to permit only one way traffic within the boundaries of the tract on which the theater is to be located.

F.

Ingress and egress from the highway shall be so designed and constructed as to provide for safe traffic movement.

G.

The screen shall be so located and shielded that the picture shown thereon shall be invisible from any highway.

H.

A structure for the sale and service of food and non-alcoholic beverages may be permitted as an accessory use for a drive-in theater.

18.

Funeral establishment, subject to the following standard:

A.

An adequate assembly area shall be provided off-street for vehicles to be used in a funeral procession in addition to vehicular parking requirements.

19.

Feedlot, subject to the following standards:

A.

The minimum lot area shall be ten acres.

B.

A site shall have direct access to a County primary road or a State or Federal highway.

C.

There shall be provided at least a 100-foot setback from the property line that abuts the County primary road or State or Federal highway.

D.

Such use shall be located at least 1,000 feet from any property line of abutting residentially zoned lands.

E.

Such use shall be located at least 500 feet from any residence.

20.

Golf course, subject to the following standards:

A.

The site shall be so planned as to provide all ingress and egress directly onto a County primary road or a State or Federal highway.

B.

Development features including the principal and accessory buildings and structures shall be so located and related to as minimize the possibilities of any adverse affects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any property line of abutting residentially zoned lands.

C.

Minimum site requirements for a nine hole course shall be not less than 60 acres devoted exclusively to course use. Minimum site requirements for an 18 hole course shall be not less than 130 acres devoted exclusively to course use.

D.

Accessory uses shall include, but are not necessarily limited to, bathing and lounging, sale and consumption of food and alcoholic beverages on the premises, and sale and rental of golfing supplies and equipment.

21.

Golf driving range, subject to the following standards:

A.

The area within 500 feet of all boundaries of the lot is not developed in residences to a greater density than one family per acre.

B.

Any floodlights used to illuminate the premises are so directed and shielded as not to be an annoyance to any developed residential property.

C.

Depending upon location, such activity may be limited to daylight or early evening hours.

22.

Group or organized camp, camping ground, and general or specialized resort, subject to the following standards:

A.

Minimum lot size shall be three acres (unless a greater requirement is applied in other parts of this ordinance). The lot shall provide direct vehicular access to a public street or road.

B.

Public stations, housed in all-weather structures, containing adequate water outlet, toilet, waste containers, shall be provided uniformly throughout the lot at a ratio of not less than one such station per each 20 individual camp sites or not less than one such station per each 100 persons.

C.

No commercial enterprises shall be permitted to operate on the lot.

D.

Such use shall be located at least 300 feet from any abutting residentially zoned lands.

23.

Hospital, sanitarium, and charitable institution for human care, subject to the following standards:

A.

All such hospitals shall be developed only on sites consisting of at least ten acres in area.

B.

The proposed site shall have at least one property line abutting a County primary road or a State or Federal highway. All ingress and egress to the off-street parking area, for guests, employees, staff as well as any other uses of the facilities, shall be directly onto said County primary road or State or Federal highway.

C.

In the event one or more boundaries of the proposed site lies opposite or contiguous to a residential district, the minimum distances between any hospital structure or accessory use and the residential district boundary shall be at least 100 feet for buildings containing two stories.

D.

The minimum distance from any street line shall not be less than 40 feet for buildings containing two stories or less, while buildings above two stories shall be set back an additional one foot for each five feet of height above two stories.

E.

The minimum distance from any nonresidential lot line shall not be less than 25 feet. Ambulance and delivery areas shall be obscured from all residential view with a wall at least six feet in height.

F.

Noise producing activities, such as ambulance and delivery areas, shall be located not less than 500 feet from any residential area.

24.

Junk yard, subject to the following standards:

A.

The Planning Commission shall grant only a temporary certificate of occupancy for a period not to exceed five consecutive years, which certificate may be renewed by the Township Board at the expiration of each certificate of occupancy for a period not to exceed five consecutive years; providing development of the adjacent property has not reached the stage that the salvage yard use has become objectionable.

B.

The certificate of occupancy granted under the provisions of this article shall be revoked by the Planning Commission if the holder violates any provisions of this chapter [article] or any special provision imposed by such Board.

C.

Not over 50 percent of the lot area shall be used for the storage of motor vehicles for the sale of used parts therefrom.

D.

That all salvage operations be conducted wholly within an enclosed building or within an area enclosed on all sides with a solid wall or fence not less than seven feet in height.

E.

That there shall be no burning or wrecked motor vehicles and that there shall be no stacking of motor vehicles.

F.

There shall be no parts handled other than from motor vehicles.

G.

All junk yard activities shall be located on said lot no closer to the lot lines than the yard requirements for buildings permitted in this district.

H.

All traffic ingress or egress shall be on County primary roads or State or Federal highways, and there shall be not more than one entrance way to the lot on which a junk yard shall be operated from each public road on which said lot abuts.

I.

All roads, driveways, parking lots, and loading and unloading areas within any yard of a junk yard shall be paved, oiled, watered, or chemically treated so as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

J.

Conditional use permits for junk yards shall require approval by the Township Board based upon these standards, in addition to the approval of the Planning Commission.

25.

Kennel, subject to the following standards:

A.

Minimum lot size shall be five acres (unless a greater requirement is applied in other parts of this ordinance).

B.

All buildings that house animals that are not soundproof shall be located at least 300 feet from any adjacent property line.

26.

Quarry, subject to the following standards:

A.

There shall be not more than one entrance way from a public road to said lot for each 500 feet of front lot line and said entrance way shall not be closer than 100 feet to any lot line.

B.

Such removal, processing, transportation, and activities relating to storage such as stockpiling shall not take place before sunrise or after sunset.

C.

On said lot no digging or excavating shall take place closer than 200 feet to any lot line.

D.

On said lot, all roads, driveways, parking lots, and loading and unloading areas within 200 feet of any lot line shall be paved, oiled, watered, or chemically treated so as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

E.

Any odors, smoke, fumes, or dust generated on said lot by any digging, excavating, processing, stockpiling, or transportation operation and borne or able to be borne by the wind shall be confined within the lines of said lot as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road.

F.

Such removal processing or storage shall not be conducted as to cause the pollution by any material of any surface or subsurface, watercourse, or body outside the lines of the lot on which such use shall be located.

G.

Such removal, processing or storage shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of said lot or of any land on said lot so that earth materials are carried outside of the lines of said lot, that such removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property, and that in the event that such removal, processing, or storage shall cease to be conducted it shall be the continuing responsibility of the owner or operator thereof to assure that no erosion or alteration of drainage patterns, as specified in this paragraph, shall take place after the date of the cessation of operation.

H.

All fixed equipment and machinery shall be located at least 200 feet from any lot line and 500 feet from any residential zoning district, but that in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than 200 feet from any lot line.

I.

There shall be erected a fence not less than six feet in height around the periphery of the development. Fences shall be adequate to prevent trespass, and shall be placed no closer than 50 feet to the top edge of any slope.

J.

All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural.

K.

The operator shall file with the Planning Commission and the Zoning Inspector a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land; the proposed final topography indicated by contour lines of not greater interval than five feet; steps which shall be taken to conserve topsoil; proposed and final landscaping; and the location of future roads, drives, drainage courses, and/or other improvements contemplated. Said plans shall be subject to review and modification from time to time by the Zoning Board. The anticipated cost of carrying out the plans of restoration shall be included with said plans.

L.

The operator shall file with the Madison Township Board a performance bond, payable to the Township Clerk and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The amount of the required bond which will reflect the anticipated cost of restoration shall be fixed by the Madison Township Board. The bond shall be released upon written certification of the Zoning Inspector (Building Inspector) that the restoration is complete and in compliance with the restoration plan.

M.

The permit of each renewal thereof shall be for a period of not more than five years and shall be renewable only upon reapplication, a redetermination by the Planning Commission and a filing of a performance bond, said redetermination to be made in accordance with the requirements of this ordinance for the issuance of a conditional use permit.

27.

Riding academy and stable, subject to the following standard:

A.

All buildings housing animals and all corrals in which animals are kept or assembled in concentrated groups shall be at least 300 feet from any property line.

28.

Sanitary landfill, subject to the following standards:

A.

All sanitary landfills shall be subject to the provisions of the Michigan Solid Waste Management Act, Public Act 641 of 1978.

B.

There shall be not more than one entrance way from a public road to said lot for each 500 feet of front lot line. And no entrance way shall be closer than 100 feet to any lot line.

C.

On said lot no sanitary landfill activities shall take place closer than 100 feet to any lot line.

D.

On said lot all roads, driveways, parking lots, and loading and unloading areas within 100 feet of any lot line shall be paved, oiled, watered, or chemically treated so as to limit adjoining lots and public roads the nuisance caused by wind-borne dust.

E.

Any refuse odors, fumes, or dust generated on said lot by any sanitary landfill or transportation operation and borne or able to be borne by the wind shall be confined within the lines of said lot so as not to cause a nuisance or hazard on any adjoining lot or public road.

F.

Such sanitary landfill operation shall not be conducted as to cause the pollution by any material of any surface or subsurface, watercourse, or body outside the lines of the lot on which such use shall be located.

G.

All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, but that in the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to residential subsequent to the operation of such equipment or machinery, the operation of such equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line.

H.

There shall be erected a fence not less than six feet in height around the periphery of the development. Fences shall be adequate to prevent trespass.

I.

All areas within any single development shall be rehabilitated progressively as they are filled to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural.

J.

The operator shall file with the Planning Commission and the Zoning Inspector (Building Inspector) a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land; the proposed final topography indicated by contour lines of no greater intervals than five feet; proposed and final landscaping; and the location of future roads, drives, drainage courses, and/or other improvements contemplated. Soil plans shall be subject to review and modification from time to time by the Planning Commission. The anticipated cost of carrying out the plans of restoration shall be included with said plans.

K.

The operator shall file with the Madison Charter Township Board a performance bond, payable to the Township Clerk and conditioned on the faithful performance of all requirements contained in the approved restoration plan. The amount of the required bond which will reflect the anticipated cost of restoration shall be fixed by the Madison Charter Township Board. The bond shall be released upon written certification of the Zoning Inspector (Building Inspector) that the restoration is complete and in compliance with the restoration plan.

L.

The permit or each renewal thereof shall be for a period of not more than five years and shall be renewable only upon reapplication, or redetermination by the Planning Commission and a filing of a performance bond, said redetermination to be made in accordance with the requirements of this ordinance for the issuance of a conditional use permit.

M.

Conditional use permits for sanitary landfills shall require approval by the Township Board, based upon these standards, in addition to the approval of the Planning Commission.

29.

Single-family residence intended for a watchman or caretaker associated with a commercial or industrial use for on-premises security, subject to the following standards:

(Amended May 1991)

A.

The residence shall be on the same lot as the main use of the property and shall be clearly incidental and secondary to the use of the property for industrial or commercial purposes.

B.

The area of the lot used for residential purposes shall be no greater than 25 percent of the area of the lot used for industrial or commercial purposes.

C.

The dwelling shall be located in such a way that it does not interfere with the use or appearance of the parcel for commercial or industrial purposes, and in such a way that it does not interrupt the industrial or commercial frontage of the lot.

D.

Parking shall be provided for the residence in accordance with Section 5.3 and shall be located and arranged on the parcel to avoid conflict with the use of the parcel for industrial or commercial purposes.

30.

Travel trailer park, subject to the following standards:

A.

The minimum lot area for a travel trailer park shall be ten acres.

B.

The site shall be well drained and not exposed to objectionable noise or odors.

C.

Each travel trailer space shall contain at least 2,000 square feet and be at least 30 feet wide. Each space shall be clearly defined on the ground by stakes or markers.

D.

Travel trailer spaces shall be so arranged that no trailer will be parked less than 15 feet from adjacent trailer. Travel trailer spaces adjacent to a major street or highway shall provide a trailer setback of at least 25 feet.

E.

Access to travel trailer parks shall be directly from a County primary road or State or Federal highway and such access be of a design that will minimize traffic congestion. The minimum street or roadway within such park shall be at least 30 feet in width. Dead end street shall not exceed 175 feet in length and the turning circle shall be at least 80 feet in diameter.

F.

All entrances and exit lanes within such park shall be lighted to provide an intensity of at least five footcandles.

G.

A recreational area shall be provided in each travel trailer park at a ratio of at least 200 square feet per space, with a minimum of 5,000 square feet per park.

H.

All provisions for water, laundry, sanitary facilities, fire protection, and electrical services shall be installed and maintained in accordance to all applicable Township, County and State laws and ordinances.

I.

No commercial enterprises shall be permitted to operate on the lot, except that a convenience good shopping building may be provided on a lot containing more than 80 sites.

J.

Public stations, housed in all-weather structures, containing adequate water outlet, toilet, waste containers, shall be provided uniformly throughout the lot at a ratio of not less than one such station per each 20 sites.

31.

Commercial communication tower and antennae, subject to the following standards:

(Amended September 2000)

The intent of this section is to regulate the location of commercial communication towers, including wireless communications towers and antennas, within given geographic areas while protecting the safety and character of nearby residential areas and the Township. It is further the intent of this section to require: (i) collocation of transmission and receiving apparatus on existing towers, unless it can be demonstrated by the applicant that collocation is not technically feasible; (ii) that new towers make provision for collocation of additional users wherever technically feasible; and (iii) users of towers and antennae to configure them in a way that minimizes the adverse visual impacts of the towers and antennae through careful design, siting, landscape screening, minimized heights, and innovative camouflaging techniques.

A.

Information required. In addition to any information required for preliminary and/or final site plan under Section 6.7 ("Site Plan Review") of this ordinance, applicants shall submit the following information as part of their conditional use permit application:

(1)

An inventory of all existing towers, antennae, or sites approved for towers or antennae, that are either within the jurisdiction of Charter Township of Madison or within one mile of the border thereof, including specific information about the location, height, design and separation distances of each tower. Such information may be shared with other applicants applying for approvals under this section or other organizations seeking to locate towers or antennae within the jurisdiction of the Charter Township of Madison; provided, however, that the sharing of such information in no way constitutes are presentation or warrant by the Township that such sites are available or suitable.

(2)

A scaled site plan clearly indicating the location, type, and height of the proposed tower and/or antenna; on-site land uses and zoning; adjacent land uses and zoning; growth management plan classification of the site and all properties within the applicable separation distances set forth above; adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower and any other structures; topography; parking; and any other information deemed by the Planning Commission to be necessary to assess compliance with this section.

(3)

Legal description of the parent tract and leased parcel (if applicable).

(4)

The setback distance between the proposed tower and/or antenna and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned parcels.

(5)

A landscape plan showing specific landscape materials.

(6)

Method of fencing, and finished color, and, if applicable, the method of camouflage and illumination.

(7)

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennae for future users.

(8)

For wireless communication systems, identification of the entities providing the backhaul network (i.e., the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, and/or the public switched telephone network) for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.

(9)

A description of the suitability of the use of existing towers, other structures, or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

(10)

A description of the feasible location(s) of future towers or antennae within the Township based on existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.

(11)

A technical analysis setting forth the minimum height necessary for reasonable communication by the applicant and an evaluation of alternative designs which might result in lower tower heights.

(12)

An environmental impact statement disclosing any potential impact on local wetlands, floodplains, wilderness areas, wildlife preserves, endangered species, historical sites, or other environmental considerations.

(13)

Certification by a registered structural engineer, and the applicant shall submit verification that the proposed tower and/or antenna installation is in compliance with the standards, rules and requirements of all applicable Federal, State, or local agencies and bodies having the authority to regulate towers and antennae [and] all applicable codes, including, without limitation, all applicable standards of the Federal Aviation Administration and the Federal Communications Commission, or their successors. If such standards and regulations are changed, then the owners of the towers and antennae governed by this section shall bring such towers and antennae into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling local, State, or Federal agency. Failure to bring towers and antennae into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and/or antenna at the owner's expense.

(14)

If the applicant seeks to erect a new tower, evidence shall be submitted by the applicant that there are no reasonable and suitable alternatives for location of equipment on an existing communications tower within the service area of the proposed tower. The Township may employ specialized experts to review data submitted by the applicant. The applicant shall incur all costs associated with such review. This evidence shall consist of the following:

(a)

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(b)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(c)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d)

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(e)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Fees exceeding the cost of new tower development are presumed to be unreasonable.

(f)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(h)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or structural, shall be certified by a licensed professional engineer.

B.

Factors to consider in granting a conditional use permit. In addition to any standards for consideration of conditional use permit applications contained in Article 6 ("Conditional Uses") herein, the Planning Commission shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Commission may waive or reduce one or more of these criteria if the Planning Commission determines that the goals of this section are better served thereby:

(1)

Height of the proposed tower.

(2)

Proximity of the tower to residential structures and residential district boundaries.

(3)

Nature of uses on adjacent and nearby properties.

(4)

Surrounding topography.

(5)

Surrounding tree coverage and foliage.

(6)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(7)

Proposed ingress and egress.

(8)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures. Wherever possible communications apparatus should be located on an existing tower or other structure capable of accommodating such apparatus. If an applicant seeks [to] erect a new tower, the applicant must demonstrate to the reasonable satisfaction of the Planning Commission that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna.

(9)

Tower must meet Airport Zoning Ordinance.

C.

Conditions of approval. In granting a conditional use permit, the Planning Commission may impose conditions to the extent that the Planning Commission determines such conditions are necessary to minimize any adverse impact of the proposed tower and/or antenna on adjoining or nearby properties. In addition, all conditional use permits granted for commercial communication towers shall be subject to the following conditions:

(1)

No tower shall be located within 3,000 feet of another commercial communication tower.

(2)

No tower shall be located closer than 1,000 feet from the boundary of any residential or rural district, including any PC district incorporating residential uses.

(3)

A tower shall have a minimum setback from all property boundaries equal to the height of the tower.

(4)

Guys and accessory buildings must satisfy the minimum zoning district regulations.

(5)

For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located irrespective of municipal and County jurisdictional boundaries.

(6)

Unobstructed access constructed in accordance with all provisions of this ordinance shall be provided to the tower and apparatus building to ensure service by police, fire, and emergency vehicles.

(7)

Towers shall not be artificially lighted unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least possible disturbance to the surrounding views. The use of strobe lights on a tower shall be prohibited in the absence of a demonstrated need.

(8)

Towers shall not exceed 180 feet in height. Height shall be measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

(9)

To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local or State building codes and, where applicable, the standards for towers that are published by the Electronic Industries Association, as amended. If, upon inspection, the Township determines that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(10)

Antennae and metal towers shall be grounded for protection against a direct strike by lightning. The electrical wiring and connections on all towers shall comply with all applicable local, State, and Federal statutes, regulations, and standards.

(11)

Towers with antennae shall be designed to withstand a uniform wind loading as prescribed in the Building Code.

(Amended May 14, 1991)

(12)

Towers and structures shall be subject to any State and/or Federal regulations concerning non-ionizing electromagnetic radiation. If more restrictive State and/or Federal regulations are adopted in the future, the operator of the tower shall bring the antennae into conformance with such standards within 60 days of its adoption, or the conditional use permit shall be subject to revocation by the Township Board. The operator of the tower shall bear the costs for testing and verification of compliance.

(13)

All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antennae and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground.

(14)

The base of the tower shall occupy no more than 500 square feet.

(15)

The owners of all communications towers shall be required to provide to the Township Zoning Inspector an annual report of total radiation output from all channels and frequencies and all antennae on the tower.

(16)

All towers, antennae and appurtenant apparatus buildings shall meet the following design standards:

(a)

Metal towers shall be constructed of, or treated with, corrosive-resistant material.

(b)

Advertising, signs, and identification of any kind intended to be visible from the ground or other structures shall be prohibited, except as required for emergency purposes.

(c)

The antennae shall be painted to match the exterior treatment of the tower. The paint scheme of the tower and antennae shall be designed to minimize off-site visibility of the antennae and tower.

(d)

At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(e)

If an antenna is installed on a structure other than a tower (such as a clock tower, bell steeple, or light pole), the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(17)

The tower and appurtenant apparatus building shall be secured by fencing a minimum of six feet in height. The fencing and apparatus building shall be screened with a landscape strip at least 20 feet wide along each side of such fencing and/or building. The landscape strip shall be maintained in good condition at all times so as to continue its effectiveness. Existing mature on-site vegetation and natural land forms shall be preserved to the maximum extent feasible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may provide sufficient buffer, in which case the Planning Commission may waive the landscaping requirements of this paragraph.

(18)

No employees shall be located on the site on a permanent basis to service or maintain the antennae. Occasional or temporary repair and service activities are excluded from this restriction.

(19)

Owners and/or operators of towers and/or antennae shall certify that all franchises required by law for the construction and/or operation of a commercial communications system, including a wireless communication system, if applicable, have been obtained and shall file a copy of all required franchises with the Township.

(20)

The approval of any new tower is conditioned on subject to the removal of said tower with six months of cessation of operation. The Township reserves the right to request evidence of ongoing operation at any time after construction of an approved tower. Any antenna or tower, whether approved under this section or existing at the time of adoption of this ordinance, that is not operated for a continuous period of six months shall be deemed abandoned. Failure to remove an abandoned antenna or tower within 90 days of receipt of a notice from Madison Township requesting such removal shall be grounds for Madison Township to remove the tower or the antenna at the owner's expense. If there are two or more users of a single tower, this provision shall not take effect until all users cease using the tower.

D.

Site plan required. The applicant shall submit a preliminary and final site plan in accordance with Section 6.7 ("Site Plan Review") herein, and including details of tower lighting required and approved by the Federal Aviation Administration.

E.

Not essential services. Towers and antennae shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

29. [32.]

Large solar energy facility (solar farm).

A.

The purpose of this subsection is to establish minimum requirements and regulations for the placement, construction and modification of large solar energy facilities (solar farms), as defined in Section 2.2, while promoting the safe, effective, and efficient use of such energy facilities as a special land use in specified zoning districts.

B.

Location. All solar farms are limited to the Primary Agricultural (AG-1), Light Industrial (I-1), and General Industrial (I-2) Districts, as a conditional use.

C.

Regulations and design standards. All solar farms shall comply with the following minimum regulations and design standards.

1.

Design standards.

a.

Minimum lot size. No solar farm shall be erected on any zoning lot less than 20 acres in size (as defined in Sec. 2.2).

b.

Maximum height. The maximum height for a solar panel shall be 14 feet. The maximum height of a power switchyard (as defined in Sec. 2.2) shall not exceed the minimum height needed to tie into electric transmission lines. The height of all other buildings and accessory structures shall comply with the maximum building height requirements of the applicable zoning district in which the solar farm is located. The height of required lightning rods attached to the power switchyard or solar farm related equipment shall not be subject to the foregoing height limitations. The height of lightning rods shall be limited to that height necessary to protect the power switchyard and solar farm equipment from lightning.

c.

Setbacks. Solar farm facilities and related structures and components shall be set back a minimum of 50 feet from all lot lines. In addition, solar farm solar arrays and other structures must be located at least 300 feet from the road right-of-way along State highways; 150 feet from the road right-of-way along all other roadways, public and private; and 150 feet from any lot line adjacent to all existing Low Density Single-Family (R-1), High Density Single-Family (R-2), Two-Family, Townhouse (R-3), Multiple-Family (R-4), and Mobile Home Residential (R-5) District land; and any lot line adjacent to an existing residence at the time the solar farm is granted conditional use approval, unless the zoning lot is comprised of a portion of the lot containing the residence. Additional setbacks may be required to mitigate noise and glare impacts or to provide for designated road or utility corridors, as identified through the review process.

d.

Safety/access.

(1)

Security fencing shall be installed around the solar farm as follows: fencing to be a minimum of six feet and a maximum of eight feet in height; fencing to be located inside the perimeter of screening, if any. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.

(2)

Appropriate warning signage shall be placed at the entrance and perimeter of the solar farm.

e.

Noise. No component of any solar farm shall produce noise that exceeds any of the following limitations. Adequate setbacks shall be provided to comply with these limitations.

(1)

50 dBA, as measured at the property line of any adjacent Low Density Single-Family (R-1), High Density Single-Family (R-2), Two-Family, Townhouse (R-3), Multiple-Family (R-4), and Mobile Home Residential (R-5) District zoned land in existence at the time the solar farm is granted conditional use approval;

(2)

45 dBA, as measured at any neighboring residence in existence at the time the solar farm is granted conditional use approval, between the hours of 9:00 p.m. and 7:00 a.m.; and

(3)

60 dBA, as measured at the lot lines of the project boundary.

f.

Visual appearance.

(1)

Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the solar farm into the existing environment.

(2)

The perimeter of solar farm facilities shall also be screened and buffered by installing evergreen vegetative plantings whenever existing natural forest vegetation does not otherwise continuously obscure the solar farm's entire lot perimeter from adjacent parcels, subject to the following requirements:

(i)

Unless screened and buffered at all times by natural forest vegetation having a substantially similar obscuring effect of an evergreen vegetative buffer installed pursuant to this subsection, a continuous evergreen vegetative buffer shall be installed and maintained at all times at the perimeter of all solar farms.

(ii)

The evergreen vegetative buffer shall be composed of evergreen trees or shrubs that at planting shall be a minimum of six feet in height. The evergreen trees or shrubs shall be spaced no more than ten feet apart on center (from the central trunk of one plant to the central trunk of the next plant). Within five years of planting, required evergreen vegetative screening shall be no less than 15 feet tall.

(iii)

Failure to continuously maintain the required evergreen vegetative buffer shall constitute a violation of this ordinance and sufficient grounds for revocation of any conditional use permit previously granted.

(iv)

An alternate screening method may be considered for approval by the Planning Commission as long as it has a substantially similar obscuring effect of an evergreen buffer.

(v)

If the solar farm is not visible from any road and if the solar farm is not visible from any existing residence, the screening requirements may be modified at the discretion of the Planning Commission.

(3)

Lighting of the solar farm shall be limited to the minimum necessary, supplied with down lighting, and in no case shall any illumination from such lighting extend beyond the perimeter of the solar farm. A photometric study may be used to make this determination.

(4)

No solar farm shall produce glare that would constitute a nuisance to occupants of neighboring properties or to persons traveling neighboring roads. Upon written notice from the Building Inspector or such other person designated by the Township Board to the owners of the solar farm that glare from the solar farm is causing a nuisance to occupants of neighboring property or to persons traveling neighboring roads, the owner of the solar farm shall have a reasonable time (not to exceed 180 consecutive days) from the date of such notice to remediate such glare.

g.

Medium voltage cable. All medium voltage cable within the project boundary shall be installed underground unless determined otherwise by the Planning Commission because of severe environmental constraints (e.g., wetlands, cliffs, hard bedrock), and except for power switchyards or area within a substation. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements.

2.

Local, State and Federal permits. A solar farm shall be required to obtain all necessary permits from the Michigan Department of Environment, Great Lakes and Energy (see Sec. 5.5.5.b.28.D.2) and any applicable municipal, County, State, or Federal permits.

3.

Agreements/easements. If the zoning lot (as defined in Sec. 2.2) on which the project is proposed is to be leased, rather than owned, by the owner of the solar farm, all property within the project boundary must be included in a recorded easement(s), lease(s), or consent agreement(s) specifying the applicable uses for the duration of the project. All necessary leases, easements, or other agreements between the owner of the solar farm and property owners must be in place prior to commencing construction, unless specified otherwise by the conditional use permit.

4.

Other regulations. On-site solar energy facilities shall comply with all applicable State construction and electrical codes, regulations contained in the Lenawee County Airport Zoning Manual, Federal Aviation Administration requirements, Michigan Aeronautics Commission requirements, and the Michigan Public Service Commission and Federal Energy Regulatory Commission standards.

D.

Permit applications.

1.

An application for a conditional use permit to establish a solar farm must include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in this Section 5.5.5.b.28.B.1 will be met. Supporting documentation for addressing the review criteria of Section 5.5.5.b.28.D. is also to be provided. The Planning Commission and Township Board may require any information reasonably necessary to determine compliance with this code. The application must also 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:

a.

All lot lines and dimensions, including a legal description of each lot or parcel comprising the solar farm;

b.

Names of owners of each lot or parcel within Madison Charter Township that is proposed to be within the solar farm;

c.

Vicinity map showing the location of all surrounding land uses;

d.

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 solar farm;

e.

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

f.

Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the solar farm and within 1,000 feet of the outside perimeter of the solar farm;

g.

Proposed setbacks from the solar array(s) to all existing and proposed structures within the solar farm;

h.

Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the solar farm;

i.

Access driveways within and to the solar farm, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access drives shall be subject to Lenawee County Road Commission or Michigan Department of Transportation (if applicable) approval, and shall be planned so as to minimize the use of lands for that purpose;

j.

Planned security measures to prevent unauthorized trespass and access and to warn of potential dangers during the construction, operation, removal, maintenance or repair of the solar farm;

k.

A written description of the maintenance program to be used for the solar array(s) and other components of the solar farm, including decommissioning and removal when determined by the Township to be obsolete, uneconomic, or abandoned. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the solar farm becomes obsolete, uneconomic or abandoned;

l.

A copy of the manufacturer's safety measures;

m.

Planned lighting protection measures; and

n.

Additional detail(s) and information as required by the conditional use permit requirements of the zoning ordinance, or as required by the Planning Commission.

2.

It is preferred that any related conditional use permit applications for substations or new transmission lines, if needed, be considered in conjunction with the conditional use permit application for the solar farm; however, if the details of those improvements are not available at the time of application for the solar farm, they may be considered later, through subsequent conditional use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the solar farm.

3.

Due to the complexity of solar farm projects, the Township may require a development agreement or other appropriate instrument to address taxing, property assessment, decommissioning bond, and other related issues not addressed by this subsection. A development agreement may be required as a condition of the permit and must be approved by the Township Board prior to commencing construction.

E.

Provisions for conditional use permit review. In addition to the standards set forth for conditional use approval in Section 5.5.5.a, additional consideration shall be given to the following:

1.

Project rationale. Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.

2.

Siting considerations. Siting considerations, such as avoiding areas/locations with a high potential for biological conflict such as areas of environmental concern, parks, trails, special management areas or important wildlife habitat or corridors; avoiding visual corridors that are prominent scenic view sheds; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion, or high storm runoff potential have been identified; and avoiding known sensitive historical, cultural or archeological resources.

3.

Wildlife habitat areas and migration patterns. Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist in the area, consultation with the Michigan Department of Environment, Great Lakes, and Energy will be necessary.

4.

Environmental analysis. The Planning Commission may require an analysis of impacts to historic, cultural and archaeological resources; soil erosion (water and wind); flora; and water quality and water supply in the area when there is reason to believe that adverse impacts to such may occur.

5.

Hazardous waste. As applicable, the application must include plans for the spill prevention, clean-up, and disposal of fuels, oils, and hazardous wastes.

6.

Transportation plan for construction and operation phases. Proof of an agreement with the Lenawee County Road Commission and Michigan Department of Transportation (if applicable) regarding any construction phase of the project is required.

7.

Public safety. Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, and the like that may be created by the project.

8.

Decommissioning plan. Describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of proposed commitments with affected parties (i.e., Township, any lessor or property owner, etc.) that ensure proper final reclamation of the solar farm. Among other things, revegetation and road repair activities should be addressed in the plan. Under this plan, all structures and facilities shall be removed, including any structures below-grade, and removed offsite for disposal. No concrete, piping and other materials may be left in place. The ground must be restored to its original condition within 180 consecutive days.

F.

Application escrow account. An escrow account shall be deposited with the Township by the applicant when the applicant applies for a conditional use permit for a solar farm. The monetary amount deposited by the applicant in escrow with the Township shall be the amount estimated by the Township to cover all reasonable costs and expenses associated with the conditional use permit 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 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 promptly, the review process shall cease unless and until the applicant makes the required additional escrow deposit.

G.

Decommissioning escrow account. If a conditional use permit is approved pursuant to this subsection, the Township shall require security in the form of a cash deposit, or surety bond acceptable to the Township, which will be furnished to the Township in order to ensure full compliance with this subsection and all conditions of approval. When determining the amount of each required security, the Township may also require an annual escalator or increase based on the Consumer Price Index (or the equivalent or its successor). Such financial guarantee shall be deposited or filed with the Township Clerk after a conditional use permit has been approved but before construction commences on the solar farm. At a minimum, the financial security shall be in an amount determined by the Township to be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the solar farm. Such financial security shall be kept in full force and effect during the entire time that the solar farm exists or is in place, and such financial security shall be irrevocable and non-cancelable.

H.

Code compliance. Construction of a solar farm shall comply with the National Electric Safety Code and any applicable Michigan construction codes as a condition of any conditional use permit under this subsection.

I.

Certified solar array components. Components of a solar farm shall be approved by the Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electronic Testing Laboratories (EIL), or other similar certification organization acceptable to the Township.

J.

Solar access. The Township makes no assurance of solar access other than the provisions contained within this subsection. The applicant may provide evidence of covenants, easements, or similar documentation for abutting property owners providing access to solar energy for the operation of a solar farm.

30. [33.]

Small solar energy facility. Notwithstanding other provisions of this section of the ordinance, small roof-mounted or ground-mounted solar energy facilities shall be considered a permitted use in all zoning districts as an accessory to a principal use. A small solar energy facility (as defined in Section 2.2.59) shall be required to have appropriate building permits.

A.

Minimum requirements. All small solar energy facilities are subject to the following minimum requirements:

1.

A small solar energy facility shall provide power for the principal use and/or accessory use of the property on which the small solar energy facility is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

2.

A small solar energy facility connected to the utility grid shall provide written authorization from the local utility company to Madison Charter Township acknowledging and approving such connection.

3.

A roof-mounted facility may be mounted on a principal building or accessory building. A roof-mounted facility, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the small solar energy facility extend beyond the edge of the roof.

4.

A ground-mounted facility shall not exceed a height of 14 feet.

5.

The surface area of a ground-mounted facility, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.

6.

A ground-mounted facility or facility attached to an accessory building shall not be located within the required front yard setback.

7.

The minimum ground-mounted small solar energy facility setback distance from the property lines shall be equivalent to the principal building setback of the underlying zoning district.

8.

All mechanical equipment associated with and necessary for the operation of the small solar energy facility shall comply with the following:

a.

Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other non-invasive plant species which provides a visual screen. At least 50 percent of plants must be evergreen. In lieu of a planting screen, a decorative fence meeting the requirements of Section 4.12 and that is at least 50 percent opaque may be used.

b.

Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.

c.

Mechanical equipment for ground-mounted facilities shall comply with the setbacks specified for principal structures in the underlying zoning district.

9.

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

10.

All power transmission lines from a ground-mounted small solar energy facility to any building or other structure shall be located underground.

11.

A small solar energy facility shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy facility provided they comply with the prevailing sign regulations.

12.

The design of the small solar energy facility shall conform to applicable industry standards. A building/zoning permit shall be obtained prior to construction. In the case of a roof-mounted facility, the existing roof structure and the weight of the facility shall be taken into consideration when applying for a small solar energy facility permit.

13.

All wiring shall comply with the applicable version of Michigan's construction codes. The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the State of Michigan.

14.

The small solar energy facility shall comply with all applicable Township ordinances and codes so as to ensure the structural integrity of such facility.

15.

Before any construction can commence on any small solar energy facility the property owner must acknowledge that he/she is the responsible party for owning/leasing and maintaining the solar energy facility.

B.

Removing small solar energy facility. If a ground-mounted small solar energy facility is removed, any earth disturbance as a result of the removal of the ground-mounted facility shall be graded and reseeded.

C.

Abandoned small solar energy facility. If a ground-mounted small solar energy facility has been abandoned (meaning not having been in operation for a period of six months) or is defective or is deemed to be unsafe by the Building Inspector, the facility shall be required to be repaired by the owner to meet Federal, State and local safety standards, or be removed by the property owner within the time period allowed by the Building Inspector. If the owner fails to remove or repair the defective or abandoned small solar energy facility, the Township may pursue a legal action to have the facility removed at the owner's expense.

30. [34.]

Wind energy facilities and systems.

A.

Purpose. The most common and prevalent land use within Madison Charter Township is the agricultural district ("AA") and its preservation has been an ongoing goal within the community for many years. For example, Madison Charter Township has stated, among other purposes, that it desires to protect the character and the stability of the agricultural, recreational, commercial and other areas within the Township and promote the orderly and beneficial development of such areas.

Michigan's Public Act 295 of 2008 is known as the Clean, Renewable, and Efficient Energy Act (the "Act"). The Act's purpose is to promote the development of clean energy, renewable energy, and energy optimization through the implementation of a clean, renewable, and energy efficient standard. Naturally occurring wind has been acknowledged and referred to as a new "crop" within the State of Michigan. Traditional farming operations require large tracts of land not typically located near densely populated areas due to their inherent nature and necessity for mass production of grains, animal husbandry, dairying, horticulture and other agricultural activities. Farming has been and is expected to continue to be an ongoing and economically viable means of employment for many throughout the State and more specifically in Madison Charter Township for future land owners. Similarly, wind regulations are necessary for agricultural districts to further the goal of agricultural preservation and minimize the potential adverse effects of this emerging land use on adjacent properties.

B.

Findings. The following guidelines have been developed with the intention of obtaining an appropriate balance between the need for clean, renewable energy resources and the need to protect the public health, safety, and welfare of the community. Additionally, given the advancement in technology of "wind development" in general, according to the latest maps generated by the Michigan Department of Labor and Economic Growth, specific locations within Madison Charter Township may support the implementation of utility scale wind energy systems. To prepare for potential "wind development projects" within the Township, the ordinance may require certain developments to obtain a conditional use permit. The following language amendment encourages the orderly development of alternative energy resources in the agricultural district to further preserve large tracts of land within said district for future agricultural use and protects the health, safety and welfare of the residents of Madison Charter Township.

C.

On-site WES or MET towers greater than 40 feet in total height. In addition to the information required by Section 5.6, site plans submitted for on-site WES or MET towers greater than 40 feet in total height shall also include the following information:

1.

An application for a conditional use permit and site plan review for on-site WES or MET towers greater than 40 feet in total height.

Prior to any installation efforts taking place upon a participating parcel, an application for a conditional use permit and site plan review and approval and this subsection must be filed and approved respectively by the Madison Charter Township Board of Trustees and the Madison Charter Township Planning Commission. Information required for said reviews must, in addition to any other information required by Sections 5.5 and 5.6, include the following:

a.

Name of property owner(s), parcel identification number and address.

b.

Zoning classification of the participating parcel.

c.

Proposed type, number and height of the on-site WES or MET towers to be constructed including the manufacturer and model, product specifications regarding noise output (measured in decibels; dB(A)), total rated generating capacity, dimensions, rotor diameter, and description of ancillary facilities (including, but not limited to, tower design, color, and wiring).

d.

Evidence that the Michigan Public Service Commission and the subject utility company have been informed of the applicant's intent to install an interconnected, customer-owned generator and that such connection has been approved.

e.

A map drawn to scale depicting the participating parcel's property lines, locations of existing roads and access drives, structures including above and below grade utility lines, public easements and existing mature vegetation.

f.

The required setbacks shall be displayed upon the participating parcel's site plan.

g.

The location(s) of the on-site WES or MET towers and its supporting electrical system's components including distances from existing structures, utility lines or any other possibly impacted items on-site.

h.

An engineered set of plans illustrating the proposed on-site WES or MET towers must be prepared or reviewed by a registered engineer.

i.

Standard drawings of any proposed equipment for review of the structural components of the on-site WES or MET towers, including structures, towers, bases, and footings. A registered engineer's certification is required for all drawings and any necessary calculations that indicate that the system complies with all applicable local, State, and Federal building, structural and electrical codes.

2.

General requirements. In addition to the required standards and findings under for conditional uses and site plan review, on-site WES or MET towers greater than 40 feet in total height may be permitted as a conditional use in the A1 - agricultural district with a site plan approved if they comply with the following requirements:

a.

Installation of the proposed on-site WES or MET towers shall be consistent with the public health, safety and welfare of Madison Charter Township.

b.

On-site WES and MET towers must comply with all State, Federal and local laws and regulations, including, but not limited to, the applicable requirements of the Federal Aviation Administration ("FAA"), the Michigan Airport Zoning Act and the Michigan Tall Structures Act both prior to and after installation. No on-site WES or MET towers shall be located on any property in such a manner as to interfere with the safe takeoff, approach and landing of aircraft at any non-publicly owned airport as defined by the Michigan Airport Zoning Act, as amended.

c.

The on-site WES and MET towers must minimize the adverse impacts of technological obsolescence of such equipment.

d.

Visual appearance.

(1)

On-site WES and MET towers shall be required to be of a neutral, non-reflective, non-obtrusive color which must be maintained throughout the life of the product.

(2)

On-site WES and MET towers shall not be artificially lighted except to comply with applicable FAA or other Federal, State or local requirements, or to the extent necessary for the reasonable safety and security thereof.

(3)

No advertising is permitted upon an on-site WES or MET tower. Additional items such as banners, streamers, flags and similar items are hereby prohibited from being attached to any on-site WES or MET towers or their support structure.

(4)

Support structures (i.e., the tower and or base) for an on-site WES or MET tower may utilize guy wires. Said guy wires must be clearly visible from ground level to a vertical height of six feet via altered coloring, striping methods or other administratively approved methods of delineating or highlighting this part of the structure.

(5)

Any electrical system components related to the on-site WES or MET tower, except necessary wiring from the base of the support structure to the turbine, are required to be placed underground within the boundary of each participating parcel at a depth designed to accommodate the existing land use to the maximum extent practical.

(6)

There is a minimal negative visual impact of on-site WES or MET towers on neighborhoods, community landmarks, historic sites and buildings, natural environmentally sensitive areas and public rights-of-way.

e.

Ground clearance.

(1)

The horizontal axis of the on-site WES must have a minimum distance of 20 feet between the lowest extension of a rotational blade and the average grade at the base of the structure within a 32-foot radius.

(2)

The vertical axis of the on-site WES are exempt from a minimum height standard.

f.

Sound.

(1)

No on-site WES may exceed 40 dB(A) at any adjacent property line of a non-participating parcel. During short-term events, including, but not limited to, severe wind, snow or rain storms if the ambient sound pressure level exceeds 40 dB(A), the standard shall be ambient dB(A) plus five dB(A).

(2)

Sound requirements may be exceeded if written consent is acquired from all adjacent property owners impacted by the on-site WES. Such written consent must be submitted to the Township.

g.

Number of on-site WES and MET towers. A participating parcel shall not be occupied by a number of on-site WES exceeding a combined total potential power output greater than ten kW per hour nor shall the number of MET towers on a participating parcel exceed two MET towers for each whole five acres.

h.

Safety.

(1)

An on-site WES shall have a governing, breaking, feathering or other fail-safe system designed by a certified engineer in order to mitigate and prevent uncontrolled rotation during adverse weather conditions.

(2)

On-site WES or MET towers greater than 40 feet must possess protection measures from lightning strikes.

(3)

A structural analysis must be provided demonstrating the structural integrity of the proposed on-site WES or MET tower support system in the event of adverse weather conditions.

(4)

Anchor points for an on-site WES or MET tower utilizing guy wires must not be located within the road right-of-way and must be anchored entirely upon the participating parcel.

i.

Setbacks.

(1)

All setbacks required for on-site WES and MET towers shall be measured from the outside edge of the base of the tower to the nearest adjacent property line of a non-participating parcel.

(2)

An on-site WES or MET tower must meet the greater of either two times the total height of the proposed structure away from a non-participating parcel's property line or the minimum distance necessary for compliance with the maximum 40 dB(A) measurement at an adjacent non-participating parcel's property line.

(3)

The base location for any on-site WES or MET tower located on a participating parcel shall not be located within the setbacks required by this ordinance from existing structures, property lines or other necessary setbacks related to the site, including, but not limited to, utility easements, well/septic separations, or drain easements.

(4)

A minimum separation distance equal to or greater than a 1:1 ratio to total height is required between multiple on-site WES or MET towers.

(5)

If an on-site WES or MET tower is mounted to a structure, then the placement of the on-site WES or MET tower upon the structure shall be opposite to the structure's façade facing the road right-of-way. In the case of a corner lot or lake property, the Township's Zoning Administrator must determine which façade may be considered the participating parcel's principal frontage and shall place the on-site WES or MET tower accordingly. The placement of the on-site WES or MET tower shall maintain the greater of either the front-yard setback requirement for the participating parcel's (a) designated zoning classification, or (b) two times the total height of the on-site WES or MET tower.

(6)

All on-site WES or MET towers must maintain a 1:1 total height to setback ratio from existing utility easements, power lines or other public infrastructure related items which may exist upon the participating parcel.

j.

Collocation. No collocation of any wireless communications facilities shall be permitted on any on-site WES or MET tower.

D.

Wind energy generation facility or utility scale WES. In addition to the information required by Section 5.6, site plans submitted for any wind energy generation facility or utility scale WES shall include the following information:

1.

Application. An application for a conditional use permit and site plan review for wind energy generation facility or utility scale WES. Prior to any installation efforts taking place upon a participating parcel, an application for a conditional use permit and site plan review and approval must be filed and approved respectively by the Madison Charter Township Board of Trustees and the Madison Charter Township Planning Commission. At the sole cost and expense of the applicant, information for said reviews must, in addition to any other information required by Section 5.6, include the following:

a.

Electromagnetic interference and signal degradation.

b.

A report shall be produced by a third party, qualified professional acceptable to the Township to review any adverse impacts to existing telephone (including cellular and land line), microwave, navigational, or radio reception within the Township. The report required by this subsection shall, at a minimum, include the cumulative impact of all proposed, existing and permitted utility scale WES or WEGF in Lenawee County to existing telephone (including cellular and land line), microwave, navigational, or radio reception within 2.5 miles of the utility scale WES or WEGF participation parcel boundaries.

c.

A report shall be produced by a third party, qualified professional acceptable to the Township to review any adverse impacts and degradation to the signal of any existing FCC licensed television station(s) whose DTV service area includes the location of the proposed utility scale WES or WEGF. The report required by this subsection shall, at a minimum, include the cumulative impact of all proposed, existing and permitted utility scale WES or WEGF in Lenawee County to each existing station included in the report. If the report shows that a geographical area within the DTV service area(s) of an affected station(s) will lose the ability to receive a signal level of at least 35 dBuV/m using a receive antenna height of ten feet as a result of the proposed turbines, an acceptable mitigation plan shall be submitted to restore coverage of that signal(s) to the residents in those areas.

d.

Soil conditions. The applicant must produce a soils analysis to research the geologic characteristics of the site based upon on-site sampling and testing. This report must be certified by a registered professional engineer licensed within in the State of Michigan.

e.

Shadow flicker. The applicant shall provide a detailed report including a visual site plan illustrating the locations of any utility scale WES or WEGF potential shadow areas produced by the utility scale WES or WEGF, including a summation of the impacts the proposed utility scale WES or WEGF may have upon neighboring/adjacent properties and homes, including the number of hours per year of impact and mechanisms or mitigation efforts that could be implemented to minimize any negative effects.

f.

Sound. A report of the existing and expected audible and low frequency sound conditions related to the utility scale WES or WEGF participating parcels must be conducted to identify a baseline sound presence and expected compliance with the sound limits established by this ordinance prior to any installation of any utility scale WES or WEGF. The report must be produced in accordance with standards established by ANSI by a qualified sound professional acceptable to the Township and must include:

(1)

A description and map of the sound producing features of the utility scale WES or WEGF, including the range of decibel levels expected (to be measured in dB(A) and dB(C)), and the basis for the expectation.

(2)

A description and map of the existing land uses and structures including any sound receptors (i.e., residences, hospitals, libraries, schools, places of worship, parks, areas with outdoor workers) within one mile of the proposed utility scale WES or

(3)

WEGF participating parcel boundaries. Said description shall include the location of the structure/land use, distances from the proposed utility scale WES or WEGF and expected decibel readings for each receptor.

(4)

The pre-existing ambient sound (including seasonal variation) and the affected sensitive receptors located within one mile of the proposed participating parcel(s). Potential sensitive receptors at relatively less windy or quieter locations shall be emphasized and any problem areas identified.

(5)

A description of the project's proposed sound control features must be explained within the sound report, including specific measures to mitigate noise impacts for sensitive receptors to a level consistent with this ordinance.

g.

Wind resource availability. The U.S. Department of Energy and National Renewable Energy Laboratory have adopted standards to measure and classify the wind based upon several factors including wind speed and density. Prior to any application being accepted for a utility scale WES or WEGF, a thorough wind assessment study must be submitted to the Township. The study must indicate the viability of a potential development by assessing the potential participating parcel's wind resource within the U.S. Department of Energy and National Renewable Energy Laboratory classification system.

h.

Technical documentation. The following information is to be assembled and submitted during review of a utility scale WES or WEGF conditional use permit as a separate report from the final site plan to address the physical characteristics of the proposed utility scale WES or WEGF. Said information will be placed on file with the Township for review purposes.

i.

Wind energy facility technical specifications including manufacturer and model, rotor diameter, tower height/type, foundation type/dimensions.

j.

Typical tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Michigan.

k.

Typical tower blueprints or drawings signed by a professional engineer licensed to practice in the State of Michigan.

l.

Electrical schematic illustrating the proposed support infrastructure, wires, location, and depth of the utility scale WES or WEGF to the point of inter-connection with any other electrical transmission lines.

m.

Fire prevention and emergency response plan and requirements.

(1)

Description of the potential fire and emergency scenarios that may require a response from fire, emergency medical services, police or other emergency responders.

(2)

Designation of the specific agencies that would respond to potential fire or other emergencies.

(3)

Description of all emergency response training and equipment needed to respond to a fire or other emergency including an assessment of the training and equipment available to the designated agencies.

n.

Environmental impact issues. Documentation demonstrating the expected ability to comply with the applicable parts of the Michigan Natural Resources and Environmental Protection Act (1994 PA 451, MCL 324.101 et seq.), including, but not limited to:

(1)

Part 31 Water Resources Protection (MCL 324.3101 et seq.);

(2)

Part 91 Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.);

(3)

Part 301 Inland Lakes and Streams (MCL. 324.30101 et seq.);

(4)

Part 303 Wetlands (MCL. 324.30301 et seq.);

The site plan and other documents shall illustrate and describe mitigation, measures to minimize potential impacts on the natural environment, including, but not limited to, wetlands, avian and wildlife (migratory bird patterns and bat population effects), other fragile ecosystems, historical/cultural sites and antiquities.

2.

Site plan requirements and additional data. Any site plan for a utility scale WES or WEGF must include the following information:

a.

A map drawn to scale depicting the participating parcel's property lines, locations of existing roads and access drives, structures including above and below grade utility lines, public easements and existing mature vegetation.

b.

The required setbacks for a utility scale WES or WEGF shall be displayed upon the site plan.

c.

The location(s) of the utility scale WES or WEGF and any supporting electrical system components, including distances from existing structures and utility transmission.

d.

Identification and location of the participating parcels on which the proposed utility scale WES or WEGF will be located, including distances from occupied structures on participating parcels. The applicant shall provide written documentation that has been recorded at the Register of Deeds from all property owners of participating parcels that provides evidence they agreed to be a participating parcel.

e.

Identification and location of occupied structures on non-participating parcels and distances from property lines of non-participating parcels within a three-fourths mile radius of each participating parcel.

f.

An illustration of the proposed type of utility scale WES or WEGF.

g.

Proof of the applicant's liability insurance for the subject property(s).

h.

A written description of the decommissioning and reclamation plan, including initial contact information for the owner, those performing maintenance upon the structures, and operators of the development, and participating parcel owners.

i.

The owner shall have a continuing obligation to provide the Township with up to date contact information.

j.

A site grading, erosion control and storm water drainage plan must be submitted and approved by the Lenawee County Drain Commission prior to commencement of construction of a utility scale WES or WEGF.

k.

A description, or travel plan, of the routes to be used by construction and delivery vehicles and of any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries, and an agreement or bond which guarantees the repair of damage to public roads and other areas caused by construction of the development must be submitted to and approved by the Lenawee County Road Commission prior to commencement of construction of a utility scale WES or WEGF.

The travel plan must include the load capacity of the affected road, an assessment of the roadway prior to and after the construction efforts have been completed and an intersection display or diagram indicating where and what type of improvements are necessary for transportation, delivery or maintenance purposes for any utility scale WES or WEGF related items. Any necessary post construction road repairs or reconstruction shall be the responsibility of the owner/operator of the utility scale WES or WEGF and such necessary road repairs or reconstruction must be performed in compliance with all applicable requirements of the Lenawee County Road Commission.

l.

A statement indicating what hazardous materials will be used and stored on the site.

m.

An anticipated construction schedule and project phasing plan shall be required prior to final site plan approval.

n.

A statement certifying that every utility scale WES or WEGF shall be inspected on an annual basis to ensure that all equipment related to the development is in proper working condition. The owner shall maintain with the Township up to date name and contact information for the person or organization responsible for the general maintenance of the structures.

3.

General requirements.

a.

The proposed installation of the WEGF or utility scale WES shall be consistent with the goals and objectives related to agricultural preservation including the public's general health, safety and welfare within Madison Charter Township.

b.

The proposed installation of the WEGF or utility scale WES shall minimize the adverse impacts of technological obsolescence of such equipment, including a requirement to remove obsolete and/or unnecessary utility scale WES or WEGF equipment in a timely manner.

c.

The proposed installation of the WEGF or utility scale WES shall minimize any negative externalities related [to], but not limited to, noise, shadow flicker, soil erosion and physical road conditions.

d.

Any proposed equipment 50 feet or greater in height shall be required to provide certified drawings of the structural components of the utility scale WES or WEGF including structure's components, towers, bases, and footings. A registered engineer's certification is required for all drawings and any necessary calculations that indicate the system complies with all applicable local, State, and Federal building, structural and electrical codes.

4.

Visual appearance.

a.

Utility scale WES or WEGF shall be required to be of a neutral, non-reflective, non-obtrusive color which must be maintained throughout the life of the product to mitigate visible oxidation or corrosion.

b.

Lighted safety beacons may be installed upon the top of the structure's nacelle to adhere to Federal and State requirements, including FAA requirements, or to the extent necessary for the reasonable safety and security thereof. Any lighting shall be implemented at the lowest intensity allowable under law, including, but not limited to, any FAA regulations, and must be reasonably shielded to reduce glare and visibility from the ground.

c.

No advertising is permitted upon a utility scale WES or WEGF. Additional items such as banners, streamers, flags and similar items are prohibited from being attached to any utility scale WES or WEGF and or its support structure.

d.

Support structures (i.e., the tower and or base) for a utility scale WES or WEGF shall not utilize guy wires.

e.

The proposed installation of the WEGF or utility scale WES shall minimize negative visual impacts upon neighborhoods, community landmarks, historic sites and buildings, natural environmentally sensitive areas and public rights-of-way.

5.

Audible sound.

a.

Sound emanating from the operation of a utility scale WES or WEGF shall not exceed 40 dB(A) between the hours of 10:00 p.m. and 6:00 a.m. measured at any adjacent property line of a non-participating parcel.

b.

During the hours of 6:00 a.m. to 10:00 p.m. no utility scale WES or WEGF shall exceed 45 dB(A) measured at any adjacent property line of a non-participating parcel the sound pressure levels may be exceeded during short-term events such as severe wind storms. If, during short-term events, the ambient sound pressure level exceeds the levels permitted by this subsection, the sound pressure level permitted shall be the ambient dB(A) plus five dB(A) and shall be measured at any adjacent property line of a non-participating parcel.

c.

In the event the noise levels resulting from the utility scale WES or WEGF exceed the criteria listed above, a waiver to said levels may be approved by the Township, provided that the following has been accomplished:

(1)

Written consent from the affected property owner(s) has been obtained stating that they are aware of the utility scale WES or WEGF and the sound limitations imposed by this ordinance and that consent is granted to allow sound levels to exceed the maximum limits otherwise allowed; and

(2)

If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent sound impact easement must be recorded in the Lenawee County Register of Deeds office which describes the benefitted and burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those otherwise permitted by this ordinance may exist on or at the burdened property.

6.

Setbacks. All setbacks required for utility scale WES or WEGF shall be measured from the outside edge of the base of the tower to the nearest adjacent property line of a non-participating parcel, participating parcel's inhabited principal structure or adjacent road right-of-way.

a.

The base of any utility scale WES or WEGF on participating parcels shall be set back a minimum of 2.5 times the total height of the utility scale WES or WEGF from any inhabited principal structure. Participating parcel owners shall have the ability to waive such a setback only through written acceptance and approval by the Madison Charter Township Board of Trustees during the conditional use application process. However, no such waiver shall allow any utility scale WES or WEGF within a distance of two times the total height of the utility scale WES or WEGF from any inhabited principal structure. Any waivers accepted and approved by the Township shall be recorded, at no expense to the Township, with the County's Register of Deeds as a deed restriction against the property.

b.

The base of any utility scale WES or WEGF shall be set back a minimum of four times the total height of the utility scale WES or WEGF from

c.

Non-participating parcels. Non-participating parcels shall have the ability to waive such a setback only through written acceptance and approval by the Madison Charter Township Board of Trustees during the conditional use application process. However, no such waiver shall allow any utility scale WES or WEGF within a distance of 2.5 times the total height of the utility scale WES or WEGF from a non-participating parcel. Any waivers accepted and approved by the Township shall be recorded, at no expense to the Township, with the County's Register of Deeds as a deed restriction against the property.

d.

Each utility scale WES or WEGF shall adhere to a minimum setback of 1.5 times the total height from a public road right-of-way, communication tower, existing electrical lines or any other public utility, except for the interconnection between a utility scale WES or WEGF and the transmission facilities of a public utility.

e.

All utility scale WES or WEGF shall have a minimum separation distance between structures of not less than one and 1.5 times the WES rotor diameter, the minimum industry standards or the minimum manufacturer's recommendations. The applicant is required to provide documentation and rationale certified by a registered engineer supporting the separation distance.

f.

To further encourage the placement of structures in low-impact areas, all interior property line setbacks between adjacent participating parcels located within a utility scale WES or WEGF may be waived through a written acceptance and approval by the Madison Charter Township Board of Trustees during the conditional use permit application process, provided the minimum setbacks from inhabited principal structures are met. Any waivers accepted and approved by the Township shall be recorded, at no expense to the Township, with the County's Register of Deeds as a deed restriction against the property.

7.

Low-impact design layout. The placement of WEGF or utility scale WES must minimize the impacts on existing agricultural endeavors and farmland activity, including, but not limited to, tiling systems, harvest and planting patterns or pasture areas.

a.

Appropriate locations for potential WEGF or utility scale WES within existing agricultural lands shall be encouraged along fence rows, tree lines, forest areas and other portions of land which are not typically utilized for agricultural production.

b.

Land clearing, soil erosion, habitat impact and clearing of natural vegetation shall be limited only to that which is necessary for the construction, operation and maintenance of the WEGF or utility scale WES and is otherwise prescribed by applicable laws, regulations, and ordinances.

c.

Any cooling system ventilation, generators or other potential sources of sound must be referenced by location and type per utility scale WES or WEGF upon a final site plan. Any sound generative device must be oriented upon the machine or site in a manner which will minimize any negative impacts to neighboring parcels.

8.

Safety.

a.

Utility scale WES or WEGF shall not be designed to be climbable on the exterior of the structure.

b.

All access doors and interior access points shall be lockable and accessible only to those either constructing or maintaining the utility scale WES or WEGF.

c.

Appropriate warning signs shall be placed at the base of the utility scale WES Tower or WEGF upon any associated electrical equipment and at every utility scale WES Tower or WEGF entrance.

d.

Any access drives or roads remaining on the site shall be gated and locked at night or when not in use. Gates shall be located no closer than 50 feet from the road right-of-way.

e.

The blade tip on any utility scale WES or WEGF shall not be less than 75 feet from the ground when measured from the lowest rotational position.

f.

Each utility scale WES or WEGF shall be equipped with both a manual and automatic braking device capable of stopping the operation in high winds and adverse weather conditions.

g.

All utility scale WES or WEGF must have lightning protection.

h.

The Township or any emergency service provider who services the Township has the authority to order any utility scale WES or WEGF to cease its operations if they determine in good faith that there is an emergency situation involving the utility scale WES or WEGF that may result in danger to life or property. The owner and/or operator shall provide the Township and emergency services providers with contact information for personnel with access to the braking device who shall be available at all times in person or by phone with remote access. The owner and/or operator may be required to be available and present in such an emergency situation.

i.

All utility scale WES or WEGF must comply with all State, Federal and local laws and regulations, including, but not limited to, the applicable requirements of the Federal Aviation Administration ("FAA"), the Michigan Airport Zoning Act and the Michigan Tall Structures Act both prior to and after installation. No WES or WEGF shall be located on any property in such a manner as to interfere with the safe takeoff, approach and landing of aircraft at any non-publicly owned airport as defined by the Michigan Airport Zoning Act, as amended.

9.

Shadow flicker. A utility scale WES or WEGF shall not be allowed to cast a shadow upon an adjacent or nearby non-participating parcel's principal structure in excess of 30 hours measured on a continuous 365-day basis. Equipment and software such as "Shadow Impact Module SIM by NorthTec GMBH" or equivalent with all necessary cabling and receptors may be necessary and shall be installed and maintained by the owner and/or operator to abate any shadow flicker in excess of the 30 hours permitted by this subsection. Non-participating parcel owners may waive the shadow flicker requirement to permit shadow flicker in excess of the 30 hours permitted by this subsection through a written acceptance and approval by the Madison Charter Township Board of Trustees during the conditional use permit application process. Any waivers accepted and approved by the Township shall be recorded, at no expense to the Township, with the County's Register of Deeds as a deed restriction against the property.

10.

Maximum vibrations and low frequency sound.

a.

A utility scale WES or WEGF shall not produce vibrations humanly perceptible upon a non-participating parcel.

b.

Sound emanating from the operation of a utility scale WES or WEGF shall not exceed 50 dB(C) between the hours of 10:00 p.m. and 6:00 a.m. measured at any adjacent property line of a non-participating parcel.

c.

During the hours of 6:00 a.m. to 10:00 p.m. no utility scale WES or WEGF shall exceed 55 dB(C) measured at any adjacent property line of a non-participating parcel. The sound pressure levels may be exceeded during short-term events such as severe wind storms. If, during short-term events, the ambient sound pressure level exceeds the levels permitted by this subsection, the sound pressure level permitted shall be the ambient dB(C) plus five dB(C) and shall be measured at any adjacent property line of a non-participating parcel.

d.

In the event the noise levels resulting from the utility scale WES or WEGF exceed the criteria listed above, a waiver to said levels may be approved by the Township, provided that the following has been accomplished:

(1)

Written consent from the affected property owner(s) has been obtained stating that they are aware of the utility scale WES or WEGF and the sound limitations imposed by this ordinance and that consent is granted to allow sound levels to exceed the maximum limits otherwise allowed; and

(2)

If the applicant wishes the waiver to apply to succeeding owners of the property, a permanent sound impact easement must be recorded in the Lenawee County Register of Deeds office which describes the benefitted and burdened properties and which advises all subsequent owners of the burdened property that noise levels in excess of those otherwise permitted by this ordinance may exist on or at the burdened property.

e.

State/Federal requirements. A utility scale WES or WEGF shall meet or exceed any applicable standards and regulations of the FAA, Michigan Public Service Commission, National Electric Safety Code, U.S. Fish and Wildlife Service and any other agency of the State or Federal government with the authority to regulate wind turbine generators or other tall structures.

f.

An ongoing log of maintenance activities performed on the utility scale WES or WEGF shall be submitted to the Township on an annual basis.

g.

Environmental impact issues. The utility scale WES, conditional use MET tower and WEGF shall comply with the applicable parts of the Michigan Natural Resources and Environmental Protection Act (1994 PA 451, MCL 324.101 et seq.), including, but not limited to:

(1)

Part 31 Water Resources Protection (MCL 324.3101 et seq.);

(2)

Part 91 Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.), Part 301 Inland Lakes and Streams (MCL 324.30101 et seq.);

(3)

Part 303 Wetlands (MCL 324.30301 et seq.).

h.

Security bond requirements.

(1)

Prior to final approval of a conditional use permit, the applicant shall engage a certified professional engineer acceptable to the Township to estimate the total cost of decommissioning the utility scale WES or WEGF and reclamation efforts needed to return affected land back to its original physical condition. The applicant shall pay for the costs of obtaining such estimate. Said estimates shall be submitted to the Madison Charter Township Board of Trustees for review.

(2)

The owner(s) and/or operator of the utility scale WES or WEGF shall post a security bond, in a form acceptable to the Township, equal to 150 percent of the total estimated decommissioning and reclamation costs.

(3)

Said bond shall be posted and maintained with a bonding company licensed in the State of Michigan or Federal or State chartered lending institution chosen by the owner(s) or operators and acceptable to the Township.

(4)

Any lending institution shall be required to notify the Township 90 days prior to expiration of the applicable security bond and the owner(s) and/or operator shall renew the security bond with that lending institution or another lending institution of their choosing and acceptable to the Township. Until each utility scale WES or WEGF is decommissioned and the property reclaimed, the owner(s) and/or operator is required to maintain a security bond in accordance with this section. In the event a security is bond is not maintained, the Township may (i) take any action permitted by law, (ii) revoke the conditional use permit, (iii) order a cessation of operations, and (iv) order that the utility scale WES or WEGF be removed and the land reclaimed.

(5)

When decommissioning and site reclamation has been completed, written correspondence to the Madison Charter Township Board of Trustees is required before the Board of Trustees may authorize a release of security bonds associated with a utility scale WES, or WEGF.

i.

Decommissioning and removal procedures.

(1)

As part of the conditional use permit process, the applicant shall submit a decommissioning plan to describe the anticipated life of the project, estimated decommissioning costs net of salvage value in current dollars, methods of ensuring that funds will be available for decommissioning, including a method of reclamation for restoration of the land.

(2)

Any utility scale WES or WEGF that is not operated for a continuous period of 12 months shall be considered abandoned. The owner(s) of such structure shall be required to either provide to the Township a written explanation regarding why the tower is inoperable and a timeline of no longer than 60 days to bring the tower back into operation or compliance or apply for the necessary demolition permits for removal within 90 days of receipt of written notice from the Township.

If the owner(s) fail to provide explanation within 60 days as described above or fails to apply for the necessary demolition permits within 90 days for removal of an abandoned utility scale WES or WEGF, the Township shall provide the owner(s) with written notice of the violation. If the owner(s) fail to cure the violation within 60 days of the date of notice, the Township may begin the process of removing the utility scale WES or WEGF and all associated equipment or appurtenances at the owner's/owners' expense. The Township shall sell any salvageable material and deduct any monies generated from said sales from the balance of the required security bond. The remedies provided to the Township pursuant to this subsection shall be in addition to and not in place of any other remedy available to the Township at law or in equity to enforce the provisions of this ordinance.

(3)

When a utility scale WES or WEGF is decommissioned, all items must be removed from the subject property, including buildings, electrical components, any roads, structure foundation, or other associated components to a depth not less than six feet below grade. Reclamation of the site includes the planting of grasses or cover crops, which may have been present prior to construction or can be utilized to effectively maintain soil erosion.

(4)

Any material left six feet below grade must be documented and recorded upon a certified survey and recorded within the Lenawee County Register of Deeds.

(5)

The property owner may be exempt from removing certain items, including, but not limited to, the entrance or roadway on the property, if the Township grants written permission.

j.

Post construction activities. To ensure compliance with the requirements of this ordinance, the following actions must be taken pending completion of any utility scale WES or WEGF.

(1)

A final inspection with the Lenawee County Drain Commissioner shall take place to ensure that soil erosion matters have been finalized at each site hosting a utility scale WES or WEGF.

(2)

Within 90 days of project completion, any roadway utilized for moving or construction purposes shall be inspected by the Zoning Administrator and representatives from the Lenawee County Road Commission to ensure compliance with the travel plan.

(3)

A sound pressure level analysis is required to be completed by the applicant from a sample of locations throughout the interior and perimeter of the participating parcels to demonstrate compliance with the requirements of this ordinance. Proof of compliance with audible sound standards shall be submitted to the Township for review within 180 days of the date the utility scale WES or WEGF project becoming operational. Sound shall be measured by a third-party, qualified sound professional.

(4)

Following the completion of construction, the applicant shall provide the Township written certification that all construction was completed pursuant to the conditional use permit and approved site plan.

k.

Collocation. No collocation of any Wireless Communications Facilities shall be permitted on any utility scale WES or WEGF without the express approval of the Township.

l.

Public inquiries and complaints. Should an aggrieved property owner allege that a utility scale WES or WEGF is not in compliance with the requirements of this ordinance, the procedure shall be as follows:

(1)

Complaints must be submitted to the Township Clerk in writing from the affected property owner including their name, address and contact information.

(2)

Upon receiving a complaint from an affected property owner the Township Clerk shall present the complaint to the Township Board for review at its next regular meeting or a special meeting called for that purpose. If the Township Board deems a complaint sufficient to warrant an investigation, the Township Board shall advise the owner(s) and/or operator of the utility scale WES or WEGF of the complaint. Within ten days of the date of notice, the owner(s) and/or operator of the utility scale WES or WEGF shall deposit funds in an amount determined by the Township Board sufficient to pay for an independent investigation of the complaint, including, but not limited to, an investigation related to decibel level testing and shadow flicker analysis. All such independent investigations and analyses shall be conducted by qualified professionals acceptable to the Township to determine compliance with the requirements of this ordinance.

(3)

If the utility scale WES or WEGF is in violation of this ordinance, the owner(s) and/or operator shall reimburse the Township from the deposit required in Subsection 2 above for the investigation or analysis and shall take immediate action to bring the utility scale WES or WEGF into compliance. In the event the owner(s) and/or operator fails or refuses to bring the utility scale WES or WEGF into compliance the Township may seek any relief at law or equity to abate the nuisance and may also issue a municipal civil infraction citation as provided by Chapter 87 of the Revised Judicature Act of 1961, being MCL 600.8701 et seq., as amended. Each violation for which the owner(s) and/or operators are deemed responsible shall be fined $500.00. Each day of noncompliance shall be a separate offense.

5.5.6.

Approval of conditional use permit. Upon review of the application and site plan in accordance with the standards established in Section 5.5.5, holding of public hearing in accordance with Section 5.5.4, and review of the requirements of other provisions of this ordinance as they apply to the proposed conditional use, the Planning Commission shall approve, approve subject to conditions in accordance with Section 5.5.7, or deny the conditional use permit within 30 days following the public hearing. For the purposes of this section, the approval of the site plan shall constitute the approval of the conditional use permit. A request for approval of a conditional use permit which is in compliance with standards stated in the zoning ordinance, the conditions imposed pursuant to Section 5.5.7, other applicable ordinances, and State and Federal statutes shall be approved. Upon approval of the conditional use permit, a copy of the approved site plan shall be forwarded to the applicant, Clerk, Zoning Inspector (Building Inspector), and Planning Commission along with full documentation regarding the findings of the review and approval or denial. The Zoning Inspector shall not issue a zoning compliance permit until he has received a copy of the approved site plan. The Planning Commission's decision on the conditional use may be appealed to the Zoning Board of Appeals.

5.5.7.

Imposition of conditions. Upon review of the application and site plan in accordance with the standards established in Section 5.5.5 and the requirements of other provisions of this ordinance, the Planning Commission may require reasonable conditions necessary to insure that public services and facilities affected by the proposed land use or activity shall be capable of accommodating increased service and facility loads generated by the land use or activity; to protect the natural environment and conserve natural resources and energy; to insure compatibility with adjacent uses of land; and to promote the use of land in a socially and economically desirable manner. Conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action, and shall remain unchanged except upon mutual consent of the Planning Commission and the landowner.

(Ord. No. 1(3), §§ 16, 17, 9-28-2022; Ord. No. 1(4), § 6, 9-28-2022)

It is recognized by this ordinance that there is a value to the public in establishing safe and convenient traffic movement to higher density sites, both within the site and in relation to access streets; that there is value in encouraging a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses; further that there are benefits to the public in conserving natural resources. Toward this end, this ordinance requires site plan review by the Planning Commission for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, and on adjacent land usage.

5.6.1.

Buildings, structures, and uses requiring site plan. The Zoning Inspector shall not issue a zoning compliance permit for the construction of the building and structures identified in this section unless a site plan has been reviewed and approved by the Planning Commission and such approval is in effect.

a.

Any conditional use.

b.

A multiple-family building containing six or more dwelling units.

c.

More than one multiple-family building on a lot, parcel, or tract of land, or on a combination of lots under one ownership.

d.

A manufactured home park.

e.

Shopping centers.

f.

Planned residential development.

g.

In addition, a site plan shall be required for any use when deemed necessary by the Building Inspector, Planning Commission or Township Board.

h.

Marihuana operations.

i.

Small solar energy facility.

j.

Meteorological towers ("MET towers") not greater than 40 feet in total height.

k.

On-site use wind energy systems ("on-site WES") greater than 40 feet in total height.

l.

All utility scale wind energy systems ("utility scale WES").

5.6.2.

Application and fee for site plan review. Any person may file a request for a site plan review by the Planning Commission by filing with the Clerk the completed application upon the forms furnished by the Clerk and payment of a fee established by resolution of the Madison Charter Township Board. Fees applicable to site plan reviews for planned unit developments and conditional uses are waived in lieu of fees established by resolution of the Madison Township Board for these purposes. As an integral part of said application, the applicant shall file at least four copies of a site plan.

5.6.3.

Planning commission review of site plan. Upon receipt of such application from the Clerk, the Planning Commission shall undertake a study of the same and shall, within 30 days, approve or disapprove such site plan, advising the applicant in writing of the recommendation, including any changes or modifications in the proposed site plan as are needed to achieve conformity to the standards specified in this ordinance.

5.6.4.

Required data for site plan. Every site plan submitted to the Planning Commission shall be in accordance with the following requirements:

a.

Every site plan submitted, except those site plans required for uses as prescribed in Subsection 5.7.4.B. of this ordinance, shall be drawn to a readable scale and shall include the following:

1.

The name of the applicant, scale used, a north arrow, the date prepared, and the name and address of the preparer if other than the applicant;

2.

All property boundaries and dimensions thereof; the location and use of all existing and proposed structures;

3.

The location of all existing and proposed streets, parking lots, driveways, utilities and other improvements to be constructed or used as a part of the project;

4.

The current zoning classifications on the subject property and all adjacent property.

b.

Site plans submitted for the following uses shall be subject to the requirements of Subsection 5.7.4.C:

1.

The following conditional uses:

A.

Quarries.

B.

Travel trailer parks.

C.

Commercial feedlots.

D.

Sanitary landfills.

E.

Commercially operated trails for use by motorcycles, dune buggies, snowmobiles, and similar types of vehicles.

F.

Amusement parks.

G.

Planned unit residential developments (see Section 5.19).

H.

Manufactured home parks.

I.

Automobile service stations.

J.

Churches.

K.

Drive-in businesses.

L.

Automobile repair garages and gasoline service stations.

M.

Drive-in theaters.

N.

Junk yards.

O.

Bulk oil storage.

P.

Hospitals.

2.

A multiple-family building containing six or more dwelling units.

3.

More than one multiple-family building on a lot, parcel, or tract of land, or on a combination of lots under one ownership.

4.

Any site plan determined to be necessary by the Building Inspector, Planning Commission, or Township Board.

c.

Site plans submitted for the uses prescribed in Subsection 5.7.4.B shall be submitted in accordance with the following requirements:

1.

The site plan shall be of a scale not to be greater than one inch equals 20 feet nor less than one inch equals 100 feet, and of such accuracy that the Planning Commission can readily interpret the site plan, and shall include more than one drawing where required for clarity.

2.

The property shall be identified by lot lines and location, including dimensions, angles and size, and correlated with the legal description of said property. Such plan shall further include the name and address of the property owner, developer, and designer.

3.

The site plan shall show the scale; north point; boundary dimensions; topography (at least two foot contour intervals); and natural features, such as wood lots, streams, rivers, lakes, drains, and similar features.

4.

The site plan shall show existing man-made features, such as buildings; structures; high tension towers; pipe lines; and existing utilities, such as water and sewer lines, excavations, bridges, culverts, drains, and easements, and shall identify adjacent properties and their existing uses.

5.

The site plan shall show the location, proposed finished floor and grade line elevations, size of proposed principal and accessory buildings, their relation one to another and to any existing structure on the site, the height of all buildings, and square footage of floor space. Site plans for residential development shall include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each unit types.

6.

The site plan shall show the proposed streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site; also, the location, size and number of parking spaces in the off-street parking area, and the identification of service lanes and service parking.

7.

The site plan shall show the proposed location, use, and size of open spaces; and the location of any landscaping, fences, or walls on the site. Any proposed alterations to the topography and other natural features shall be indicated. The site plan shall further show any proposed location of connections to existing utilities and proposed extensions thereof.

5.6.5.

Standards for site plan review. In reviewing the site plan, the Planning Commission shall ascertain whether the proposed site plan is consistent with all regulations of this ordinance and State and Federal statutes. Further, in consideration of each site plan, the Planning Commission shall find that provisions of Subsections 5.7.3 and 5.7.4 of this ordinance as well as the provisions of the zoning district in which said buildings, structures, and uses as indicated in the proposed site plan have been satisfactorily met by the applicant. Decisions rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance. A site plan shall be approved if it contains the information required in Subsection 5.7.4 and is in compliance with the zoning ordinance, the conditions imposed pursuant to the ordinance, other applicable ordinances, and State and Federal statutes. In addition, each of the following standards shall apply:

a.

The use shall be designed, constructed, operated and maintained in a manner harmonious with the character of adjacent property and the surrounding area.

b.

The use shall not inappropriately change the essential character of the surrounding area.

c.

The use shall not interfere with the general enjoyment of adjacent property.

d.

The use shall represent an improvement to the use or character of the property under consideration and the surrounding area in general, yet also be in keeping with the natural environment of the site.

e.

The use shall not be hazardous to adjacent property, or involve uses, activities, materials or equipment which will be detrimental to the health, safety, or welfare of persons or property through the excessive production of traffic, noise, smoke, odor, fumes, glare, or dust.

f.

The use shall be adequately served by essential public facilities and services, or it shall be demonstrated that the person responsible for the proposed use shall be able to continually provide adequately for the services and facilities deemed essential to the use under consideration.

g.

The use shall not place demands on public services and facilities in excess of current capacity.

h.

The use shall be consistent with the intent and purpose of this ordinance.

i.

All access drives or points shall be approved by County Road Commission or State Highway Department.

5.6.6.

Approval of site plan. Upon the Planning Commission approval of a site plan, the applicant shall file with the Clerk four copies thereof. The Clerk shall within ten days transmit to the Zoning Inspector one copy with the Clerk's certificate affixed thereto, certifying that said approved site plan conforms to the provisions of this ordinance as determined. If the site plan is disapproved by the Planning Commission, notification of such disapproval shall be given to the applicant within ten days after such action. The Zoning Inspector shall not issue a zoning compliance permit and building permit until he has received a certified approved site plan. The site plan, as approved, shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a revision is completed in accordance with Subsection [5.6.8].

5.6.7.

Expiration of site plan certificate. The site plan certificate shall expire, and be of no effect, 365 days after the date of issuance thereof, unless within such time the Zoning Inspector has issued a zoning compliance permit for any proposed work authorized under a said site plan certificate.

5.6.8.

Amendment, revision of site plan. A site plan and site plan certificate, issued thereon, may be amended by the Planning Commission upon the request of the applicant. Such amendment shall be made upon application and in accordance with the procedure provided in Section 5.6 of this ordinance. Any fees paid connection with such application may be waived or refunded at the discretion of the Planning Commission.

(Ord. No. 1(3), § 18, 9-28-2022; Ord. No. 1(4), § 5, 9-28-2022)

Where within the districts established by this ordinance, or by amendments, there exist lots, structures, and uses of land and structures which were lawful before this ordinance was adopted or amended and which would be prohibited, regulated, or restricted under the terms of this ordinance, or future amendments, it is the intent of this ordinance to permit these nonconformities to continue until they are discontinued, damaged, or removed but not to encourage their survival. These nonconformities are declared by this ordinance to be incompatible with the lots, structures, and uses permitted by this ordinance in certain districts. It is further the intent of this ordinance that such nonconformities shall not be enlarged, expanded, or extended except as provided herein; nor to be used as ground for adding other lots, structures, or uses prohibited elsewhere in the same district.

5.7.1.

Nonconforming uses of land. Where, on the date of adoption or amendment of this ordinance, a lawful use of land exists that is no longer permissible under the provisions of this ordinance, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No such nonconforming use of land shall be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this ordinance; and no accessory use or structure shall be established therewith.

b.

No such nonconforming use of land shall be moved in whole or part to any other portion of such land not occupied on the effective date of the adoption or amendment of this in ordinance.

c.

If such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, the subsequent use of such land shall conform to the regulations and provisions set by this ordinance for the district in which such land is located.

5.7.2.

Nonconforming structures. Where, on the effective date of adoption or amendment of this ordinance, a lawful structure exists that could not be built under the regulations of this ordinance by reason of restrictions upon lot area, lot width, lot coverage, height, open spaces, or other characteristics of such structure or its location upon a lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

a.

No such structure shall be enlarged, expanded, extended, or altered in a way which increases its nonconformance.

b.

Should any such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

c.

Should any such structure be moved for any reason, of any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

d.

Notwithstanding the provisions of Section 5.7.2.A of this ordinance, a nonconforming single-family dwelling located in an agricultural district, used for residential purposes, that existed prior to the adoption of this ordinance, may be enlarged, expanded, extended or altered so long as all setback and side yard requirements are met. A nonconforming single-family dwelling may not be reconstructed if destroyed as described in Section 5.7.2.B. (Amended May 1991)

5.7.3.

Nonconforming uses of structures. Where, on the date of adoption or amendment of this ordinance, a lawful use of a structure exists that is no longer permissible under the regulations of this ordinance, such use may be continued so long as it remains otherwise lawful subject to the following provisions:

a.

No nonconforming use of a structure shall be enlarged, expanded, extended, or altered except in changing the use of such structure to a use permitted in the district in which such structure is located.

b.

When a nonconforming use of a structure is discontinued or abandoned for more than 180 consecutive days, the structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

c.

Any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinance repairs or on repair or replacement of nonweight bearing walls, fixtures, wiring or plumbing to the extent the value of the repairs does not to exceed ten percent of then current replacement value of the structure, provided that the volume of such structure or the number of families housed therein as it existed on the date of adoption or amendment of this ordinance shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening of any part of the house declared to be unsafe by any official charged with protecting the public safety upon order of such official. Should any structure containing a nonconforming use be moved for any reason it shall thereafter conform to the regulations of the district in which it is located after it is moved.

d.

Should any structure devoted in whole or in part to any nonconforming use be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed and again be devoted to any use except in conformity with the regulations of the district in which it is located.

5.7.4.

Change of tenancy or ownership. There may be a change of tenancy, ownership, or management of an existing nonconforming use, building, or structure; provided there is no change in the nature or character of such nonconforming use, building, or structure.

5.7.5.

Nonconforming lots. Any lot which was lawful at the time of the effective date of adoption or amendment of this ordinance, but does not comply with all the provisions of this ordinance may be continued in use; provided, however, the change in use of, or the location, modification, or construction of, any structure on such lot shall not be permitted; except upon a variance approved by the Zoning Board of Appeals based upon a finding that such a variance is warranted, and subject to such conditions as the Zoning Board of Appeals may find necessary to provide for the public health, safety, morals, and general welfare.

5.7.6.

Nonconformities regarding marihuana operations.

a.

No marihuana operation operating or purporting to operate prior to December 15, 2017, shall be deemed to have been a legally existing use nor shall the operation of such marihuana operation be deemed a legal nonconforming use under this zoning ordinance.

b.

A property owner shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this zoning ordinance or any amendment thereto.

c.

Discontinuation of a State marihuana license shall constitute prima facie evidence that a nonconformity has been discontinued.

5.8.1.

Requirements. No lot, building, or structure in any district shall be used in any manner so as to create any dangerous, injurious, noxious, or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Uses in all districts, where permitted, shall comply with the following performance requirements:

a.

Noise. Noise which is objectionable due to volume, frequency, or beat shall be muffled or otherwise controlled so that there is no production of sound discernable at lot lines in excess of the average intensity of street and traffic noise at the lot lines. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

b.

Vibration. No vibration shall be permitted which is discernable without instruments on any adjoining lot or property.

c.

Smoke. Smoke shall not be emitted with a density greater than No. 1 on the Ringleman Chart as issued by the U.S. Bureau of Mines except for blow-off periods of ten minutes duration of one per hour when a density of not more than No. 2 is permitted.

d.

Odor. No malodorous gas or matter shall be permitted which is offensive or as to produce a public nuisance or hazard on any adjoining lot or property.

e.

Air pollution. No pollution of air by fly-ash, dust, vapors, or other substances shall be permitted which is harmful to health, animals, vegetation, or other property, or which can cause excessive soiling.

f.

Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street, road, or highway.

g.

Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties, lakes, ponds, rivers, or streams.

5.8.2.

Plans. The application for a zoning compliance permit for a use subject to performance requirements shall be accompanied by a description of the machinery, process, and products; and specifications for the mechanisms and techniques to be used in meeting the performance standards.

5.8.3.

Enforcement. The Zoning Inspector may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance standards. The costs of such services shall be borne by the applicant, and a copy of any report shall be furnished to the applicant and the Madison Township Board.

The location or storage of abandoned, discarded, unused, unusable, or inoperative vehicles, appliances, furniture, equipment, or material shall be regulated as follows:

5.9.1.

Indoor storage. On any lot in any agricultural district, residential district, or commercial district, the owner or tenant, but not for hire or for business, shall locate and store such materials within a completely enclosed building.

5.9.2.

Outdoor storage. On any lot in any industrial district, the owner or tenant, whether or not for hire or for business, shall locate and store such materials within a completely enclosed building or within an area surrounded by a solid, unpierced fence or wall at least seven feet in height and not less in height than the materials located or stored therein, and not closer to the lot lines than the minimum yard requirements for buildings permitted in said districts.

5.9.3.

Front yard parking and storage. Nothing in this ordinance shall permit the storage or parking of any vehicle or non-permanent structure within the required front yard of any lot within a residential district, except that the parking of a passenger vehicle on a driveway located on private property shall not be prohibited.

5.10.1.

Restriction of use of manufactured home. No manufactured home shall be used other than as a single-family dwelling in the R-5 zoning district except a manufactured home may be used as a temporary field office and/or security office in any commercial or industrial district provided it is certified by the Zoning Inspector.

5.10.2.

Temporary dwelling. A manufactured home may be utilized as a temporary single-family dwelling in the AG-1 Agricultural District provided the manufactured home is located on the same lot or parcel of land where a single-family dwelling is to be constructed. The temporary occupancy permit is limited to 365 days with an extension for an additional 365 days subject to the approval of the Township Building Inspector. When the temporary occupancy permit has expired, the manufactured home shall be removed from the lot or parcel. Any person requesting a temporary use occupancy permit according to this section shall pay the fee established by resolution of the Township Board.

5.10.3.

Trailer offices. Mobile trailer office may be permitted in any nonresidential district on a temporary basis with extensions as necessary as granted by the Zoning Board of Appeals.

5.10.4.

Travel trailers. No travel trailer shall be used as a dwelling except for a period not to exceed two weeks and in a duly licensed travel trailer park.

On any corner lot in any zoning district requiring front and side yards, no fence, wall, hedge, screen, sign, structure, vegetation, or planting shall be allowed to impede vision between a height of three feet and eight feet above the centerline grades within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 30 feet distant from the point of intersection, measured along the street right-of-way line.

5.12.1.

Definitions. For purposes of this section, the following words and phrases shall be defined as follows:

a.

A "driveway" is an improved or unimproved path or road extending from a public or private road to a single lot, building, dwelling or structure, intended to provide ingress and egress primarily for the occupants thereof.

b.

A "shared driveway" is a path or road extending from a public or private road to two to four lots, buildings, dwellings or structures, intended to provide ingress and egress primarily for the occupants thereof.

c.

A "private road" is the entire length of any undedicated path, drive or road which is privately owned and maintained and which provides or is intended to provide the primary means of ingress and egress to five or more lots, dwellings, dwelling units or structures or combination thereof. Driveways providing access to a single building, dwelling or structure are not considered to be part of a private road. Private road provisions of this section shall not apply to internal roads serving only one lot or parcel of land which has direct public or private street frontage and is under the control of one person, corporation, or association, and which is to be developed for uses subject to site plan review under this ordinance. Such internal roads shall not provide the principal means of access to any abutting lot or parcel of land. Examples of access roads that may be exempted from the provisions of this section include those serving multifamily dwellings, nursing homes, hospitals, factories, schools, mobile-home parks, and shopping centers.

d.

A "private road easement" is an easement which is granted exclusively for private access to four or more lots, whether by grant of easement, private dedication, designation as a common area, or other means, and which contains a private road.

e.

An "existing private road" is a private road which is used to provide access to existing lots, buildings or dwelling units as of the effective date of this section.

f.

An "existing lot" is a lot which, as of the effective date of this section, meets at least one of the following conditions:

1.

The lot consists of a parcel described by metes and bounds for which a deed has been recorded with the Lenawee County Register of Deeds, or of a parcel described by a land contract or memorandum of land contract which has been recorded with the Lenawee County Register of Deeds;

2.

The lot has been assigned its own permanent parcel number by the Lenawee County Property Description and Mapping Department and is individually assessed and taxed on that basis; or

3.

The lot consists of a "condominium unit" (i.e., a portion of a condominium project designed and intended for separate ownership and use as described in the condominium master deed) located within a "site condominium" development for which a condominium master deed has been recorded with the Lenawee County Register of Deeds in accordance with the requirements of the Michigan Condominium Act (PA 59 of 1978, as amended, MCLA 559.101 et seq.) and other applicable laws and ordinances.

g.

An "existing building" or an "existing dwelling unit" is a building or dwelling unit for which a building permit has been issued by the Township as of the effective date of this section.

5.12.2.

Access to streets. In all zoning districts, every use, building, or structure built or established after the effective date of this ordinance shall be on a lot or parcel which adjoins either a public street or a private road, subject to the standards set forth in this section, and which shall have access to the public street or private road by means of a driveway or approved shared driveway.

5.12.3.

Shared driveways.

a.

Minimum standards and requirements applicable.

1.

After the effective date of this section, no shared driveway shall be constructed, extended, improved or relocated, nor shall an existing driveway be used or extended to provide access to a second lot, building or dwelling unit which was not existing and which was not provided access by the driveway as of the effective date of this section, except in accordance with the minimum standards and requirements of this section.

2.

For a shared driveway existing as of the effective date of this section, which thereafter becomes a private road by extension or lot division, the existing portion of the shared driveway shall be improved to the private road requirements stated in this section.

b.

Design standards and construction.

1.

The area in which the shared driveway is to be located shall have a minimum cleared width of 30 feet. The cleared width shall be maintained by those having legal right to use the shared driveway.

2.

A shared driveway shall be located within an easement of not less than 36 feet wide.

3.

Only one shared driveway shall be located within an easement.

4.

The driving surface shall be at least 16 feet wide.

5.

All shared gravel driveways shall be constructed on a base of stable soil and a minimum of six inches of MDOT 22A compacted road gravel on the top thereof.

6.

The driving surface of the shared driveway shall be crowned or sloped to facilitate drainage.

7.

The longitudinal slope of the driveway shall not exceed 15 percent unless a steeper driveway is specifically approved.

8.

The driving surface of a shared driveway serving only two buildings, dwellings or structures is not required to be paved.

9.

The driving surface of a shared driveway serving three or four buildings, dwellings or structures is required to be paved.

10.

When a shared driveway crosses a natural stream or drainage course, adequate provisions shall be included to maintain the surface water flow to the satisfaction of the Zoning Administrator and any other agency having jurisdiction thereof. The method used in crossing any natural stream, drainage course, or similar feature shall have a sufficient load capacity to safely support Fire Department equipment.

11.

Except where the driveway crossed a natural stream or drainage course, the driveway shall be no closer than 25 feet from the stream or drainage course or other body of water.

12.

The inside radius of a driveway curve shall be a minimum of 40 feet.

13.

House numbers shall be visibly displayed at the intersection of the shared driveway and the public or private road.

14.

The edge of the shared driveway shall be set back a minimum of 20 feet from any existing principal dwelling not served by the shared driveway. For shared driveways serving commercial and office uses, the Planning Commission may modify this setback requirement if such modification is needed to achieve safe and efficient traffic flow both on and off site.

15.

A shared driveway which intersects a public or private road shall be a minimum of 60 feet from any other shared driveway, or a private or public road which is on the same side of the road. This distance shall be measured between centerlines.

c.

Review and approval of shared driveway plan.

1.

Prior to constructing, extending, improving or relocating a shared driveway, or using or extending an existing driveway to provide access to a second lot, building, or dwelling unit, which was not existing and which was not provided access by the driveway of the effective date of this section a plan for the shared driveway shall be submitted to the Township Fire Chief and to the Zoning Administrator to determine compliance with the standards and requirements of this section.

2.

A shared driveway which is part of a planned unit development, site condominium, subdivision or other land development proposal requiring approval by the Planning Commission may be approved by the Planning Commission subject to the shared driveway regulations of this ordinance and approval by the Township Engineer and Fire Chief.

3.

The plan for the shared driveway shall accurately show the location, route, dimensions, design and grade of the shared driveway; the relation of the shared driveway to adjacent or intersecting public or private roads and other shared driveways; existing, or proposed curb cuts; the lots, buildings or dwelling units, existing and proposed, which will be provided access by the shared driveway; the location of any drainage courses, lakes, streams or other natural bodies of water within the shared-driveway easement and within 100 feet of the easement.

4.

If the Township Fire Chief, Township Engineer, and the Zoning Administrator or the Planning Commission determine that the shared driveway meets the standards and requirements of this section, then the plan shall be approved and the shared driveway may be constructed, extended, improved or relocated in accordance with the approved plan.

d.

Shared driveway agreement. A written agreement executed by all property owners who will have the use of the shared driveway shall be submitted to the Zoning Administrator to determine compliance with the standards and requirements of this section. This agreement shall:

1.

Provide for maintenance of the shared driveway and for the payment of the costs associated with such maintenance.

2.

Identify the parties responsible for the maintenance, repair and/or replacement of the shared driveway and provide a mailing address for each party.

3.

Provide that in the event that any responsible party fails to maintain the shared driveway in a reasonable good condition and order, Madison Charter Township may serve written notice upon any responsible party setting forth the manner in which the shared driveway has not been maintained in reasonable condition and order.

A.

This notice shall include a demand that deficiencies in the maintenance, repair or replacement be cured within 60 days thereof and notifying each responsible party of the date, time and place of a public hearing before the Madison Charter Township Board, or such other board or body to which the Madison Charter Township shall delegate such responsibility.

B.

Such hearing shall be held within 15 days of the notice. At such hearing the Township may modify the terms of the original notice of deficiencies in the maintenance, replacement and repair and may grant an extension of time within which such deficiencies shall be cured.

C.

If the deficiencies set forth in the original notice, or in the modification thereof, are not cured within said 60-day period, or any extension of time granted at the hearing, the Township, in order to eliminate and cure the deficiencies in the operation and maintenance, repair and replacement of the shared drive, may enter upon shared drive and so much of the adjoining properties as is necessary to maintain, repair or replace the shared driveway.

D.

Madison Charter Township may assess the cost incurred in enforcing such right to the responsible parties, and if not paid within 30 days, said costs shall be assessed equally against all parties and shall become a lien on the properties the same manner as general property taxes.

E.

Nothing contained herein shall obligate the Township to undertake these maintenance, repair or replacement responsibilities, the choice whether or not to do so being exclusively that of Madison Charter Township.

4.

Issuance of building permits. A building permit for a building or dwelling to be served by a shared driveway shall not be issued unless the applicant for the building permit provides the Township Building Inspector with (i) proof of lawful access over the shared driveway to the lot, parcel or building site; (ii) an approved plan for the shared driveway; (iii) an approved shared driveway agreement; and (iv) a driveway permit for the shared driveway issued by the Lenawee County Road Commission, as applicable.

5.12.4.

Private roads.

a.

Minimum standards and requirements applicable. After the effective date of this section, no private road shall be constructed, extended, improved or relocated, nor shall an existing private road be used or extended to provide access to a lot, building or dwelling unit which was not existing and which was not provided access by the private road as of the effective date of this section, except in accordance with the minimum standards and requirements of this section.

b.

Design standard and construction.

1.

A private road shall be located within a private road easement.

2.

The private road shall be constructed to Lenawee County Road Standards.

3.

A lot shall have frontage on the private road easement which is at least equal to the minimum lot width required for the zoning district in which the lot is located.

4.

A private road, or interconnected private and public road system, or any combination of public and/or private roads shall not serve more than 75 residential lots, site condominium units, or dwelling units, unless a secondary means of egress is provided for the entire property served. This secondary access shall meet the minimum standards of this section.

5.

A private road shall be given a street name that is not the same or similar to any other street name in the County as determined by the Lenawee County Road Commission. A readily visible street sign bearing the name given the private road shall be erected and maintained at the intersection of the private road with another private road or a public right-of-way.

6.

A dwelling unit which derives its primary access from a private road shall display a house number in a manner so that the number is at all times readily visible from the private road.

7.

The edge of the private road pavement shall be set back a minimum of 35 feet from any existing principal dwelling not served by the private road. For private roads serving commercial and office uses, the Planning Commission may modify this setback requirement if such modification is needed to achieve safe and efficient traffic flow both on and off site.

8.

In order to facilitate access to adjoining properties when appropriate, reserve strips may be required by the Planning Commission between the terminus of a private road and the property's boundary. The reserve strip shall be illustrated on the private road plans. In considering whether to require a reserve strip, the Planning Commission shall consider the following factors:

A.

Whether cross-access across adjoining properties would improve traffic circulation in both developments.

B.

Whether or not it is practical to align the private roads.

C.

The relative size and intensity of the adjoining developments; and

D.

Whether or not there is an existing second means of access for the development.

c.

Review and approval of private road plan.

1.

Prior to constructing, extending, improving or relocating a private road, or using or extending an existing private road to provide access to a lot, building, or dwelling unit, which was not existing and which was not provided access by the private road as of the effective date of this section, a plan for the private road shall be submitted to the Township Fire Chief and to the Site Plan Review Committee of the Planning Commission to determine compliance with the standards and requirements of this section.

2.

The plan for the private road shall be prepared and sealed by a registered engineer or surveyor and shall show the location, route, dimensions, design and grade of the private road; the relation of the private road to adjacent or intersecting public or private roads; existing, or proposed curb cuts; the lots, buildings or dwelling units, existing and proposed, which will be provided access by the private road; the location of public utilities within the private road easement and within 20 feet of the easement; the location of any drainage courses, lakes, streams or other natural bodies of water within the private road easement and within 100 feet of the easement; and the street name and location of street signs.

3.

A private road which is part of a planned unit development, site condominium, subdivision or other land development proposal requiring approval by the Planning Commission may be approved by the Planning Commission subject to the private road regulations of this ordinance and approval by the Township Engineer and Fire Chief.

4.

If the Township Fire Chief, Township Engineer, and the Site Plan Review Committee or the Planning Commission determine that the private road meets the standards and requirements of this section, then the plan shall be approved and the private road may be constructed, extended, improved or relocated in accordance with the approved plan.

d.

Private road agreement. A written agreement, executed by all property owners who will have the use of the private road, shall be submitted to the Zoning Administrator to determine compliance with the standards and requirements of this section. This agreement shall:

1.

Provide for maintenance of the private road and for the payment of the costs associated with such maintenance.

2.

Identify the parties responsible for the maintenance, repair and/or replacement of the private road and provide a mailing address for each party.

3.

Provide that in the event that any responsible party fails to maintain the private road in a reasonable good condition and order, Madison Charter Township may serve written notice upon any responsible party setting forth the manner in which the private road has not been maintained in reasonable condition and order.

A.

This notice shall include a demand that deficiencies in the maintenance, repair or replacement be cured within 60 days thereof and notifying each responsible party of the date, time and place of a public hearing before the Madison Charter Township Board, or such other board or body to which the Madison Charter Township shall delegate such responsibility.

B.

Such hearing shall be held within 15 days of the notice. At such hearing the Township may modify the terms of the original notice of deficiencies in the maintenance, replacement and repair and may grant an extension of time within which such deficiencies shall be cured.

C.

If the deficiencies set forth in the original notice, or in the modification thereof, are not cured within said 60-day period, or any extension of time granted at the hearing, the Township, in order to eliminate and cure the deficiencies in the operation and maintenance, repair and replacement of the shared drive, may enter upon private road and so much of the adjoining properties as is necessary to maintain, repair or replace the private road.

D.

Madison Charter Township may assess the cost incurred in enforcing such right to the parties, and if not paid within 30 days, said costs shall be assessed equally against all parties and shall become a lien on the properties the same manner as general property taxes.

E.

Nothing contained herein shall obligate the Township to undertake these maintenance, repair or replacement responsibilities, the choice whether or not to do so being exclusively that of Madison Charter Township.

e.

Issuance of building permits.

1.

A building permit for a building or dwelling to be served by a private road shall not be issued unless the applicant for the building permit provides the Township Building Inspector with (i) proof of lawful access over the private road to the lot, parcel or building site; (ii) an approved plan for the private road; (iii) an approved private road agreement; and (iii) [(iv)] any permitting required by the Lenawee County Road Commission, as applicable.

2.

Drawings of the private road as it has been constructed shall be certified by the registered professional engineer who prepared the plans and shall be provided to the Township Zoning Coordinator before a certificate of occupancy is issued or the applicant shall provide a bond or irrevocable letter of credit in an amount determined by the Township to insure completion of the drawings as well as the completion of the private road if necessary.

f.

Application to existing private roads. Except with regard to the requirements under Section 5.12.3(b)(13) regarding house numbers, this section shall not apply to an existing private road which provides access solely to existing lots, buildings, or dwelling units.

Notwithstanding any other provisions of this ordinance, land subject to periodic flooding shall be used only for agriculture and recreation uses, provided no structures are located within the area subject to flooding. The location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Soil Conservation Service, the U.S. Army Corps of Engineers, or other official authority.

A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. The following additional conditions shall be observed:

5.14.1.

Such home occupation shall be carried on within the dwelling or within a building accessory thereto and entirely by the inhabitants thereof.

5.14.2.

No article shall be sold or offered for sale on the premises except such as is produced within the dwelling or accessory building or is provided incidental to the service or profession conducted within the dwelling or accessory building.

5.14.3.

There shall be no exterior storage of materials or equipment.

In all districts, fences which enclose property shall not exceed six feet in height, except in a front yard where the height may not exceed four feet.

Circuses, carnivals, concerts, outdoor entertainment or other similar transient enterprises may be permitted in any district, subject to the following conditions:

A.

Permit required. All temporary uses require a temporary use permit.

B.

Application; submittal requirements. Any person seeking a temporary use permit shall submit an application, together with the required fee, to the Township Zoning Administrator. The application shall contain the following information:

(1)

A written statement describing the requested use, operations plan, traffic control and the proposed time period and a plot plan or sketch of the site showing:

(a)

Adjacent uses.

(b)

Existing and proposed buildings or structures.

(c)

Boundaries of proposed sales or activity areas.

(d)

Proposed lighting.

(e)

Parking areas.

(f)

Loading and unloading areas.

(g)

Proposed traffic circulation.

(h)

Location and method of waste disposal.

(i)

Any other information deemed necessary by the Zoning Administrator.

(2)

Proof of ownership, or if the applicant is not the owner of the land, written permission from the owner to use the property for said use.

(3)

Information establishing reasonable liability insurance is carried.

(4)

Outside agency permits and approvals, if necessary.

C.

Review of application. Upon submission of a completed application and required fee, the request will be reviewed administratively by the Township Zoning Administrator. The Zoning Administrator will coordinate reviews by Township Police, Fire, and Building Departments.

D.

Standards for approval.

(1)

A temporary use permit shall not be issued unless the Zoning Administrator determines that the location of such an activity will not adversely affect adjoining properties, nor adversely affect public health, safety, morals, and the general welfare.

(2)

The Zoning Administrator may approve, deny or approve with conditions an application for a temporary use.

(Ord. No. 1(2), § 1, 10-12-2021)

Nothing in this ordinance shall prohibit the provision of essential services, provided the installation of such service does not violate any other applicable provision of this ordinance. Nothing in this section shall be construed to permit the erection, construction, or enlargement of any building, tower, or maintenance depot for provision of an essential service except as otherwise permitted in this ordinance.

Curb cuts and driveways may be located only upon approval by the Zoning Inspector and such other County and State authorities as required by law; provided, however, such approval shall not be given where such curb cuts and driveways shall unnecessarily increase traffic hazards.

Planned unit developments are intended to provide flexible land use and design regulations through the use of performance criteria to allow small to large scale neighborhoods or portions thereof to be developed within the Township that permit a variety of residential types, containing both individual building sites and common property which are planned and developed as a unit. The planned residential unit should be designed to relate to the character of surrounding areas, and wherever possible should also be capable of functioning as a self-contained residential neighborhood. This district specifically encourages innovations in residential development to enable growing housing demands to be met by greater variety in type, design, and siting of dwellings, and by the conservation and more efficient use of land in such developments. While standard zoning and subdivision practices are appropriate for the regulations of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of pre-regulation and regulatory rigidity which can hinder the creation of more attractive, safe and efficient residential areas. Therefore, this district is intended to permit enough flexibility in development design so as to allow the development of the most desirable residential amenities accruing from modern design techniques. While these techniques are deemed appropriate use and dimensional specifications elsewhere in this ordinance are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls. The planned unit development district shall achieve the following objectives: a) promote maximum choice in the types of environment, housing, lot sizes, and community facilities available to residents; b) encourage more usable tracts of land for open space and recreational purposes and for common use; c) preserve trees, outstanding natural topography and geologic features, and prevent soil erosion; d) encourage creative use of land, which can be planned to relate to surrounding physical development; e) attain more efficient use of land as a result of smaller networks of utilities and streets, and thereby lower housing costs; f) achieve a development pattern in harmony with the objectives of the comprehensive plan; g) provide an opportunity to locate necessary community facilities within residential neighborhoods; h) create a more desirable environment that would be possible through the application of strict zoning requirements applied in other sections of this ordinance.

5.19.1.

General requirements for planned residential developments.

a.

Minimum area. The minimum area required to qualify for a planned residential development shall not be less than ten contiguous acres of land.

b.

Ownership. The tract of land for a project must be either in one ownership or the subject of an application filed jointly by the owners of all the properties included (the holder of a written option to purchase land shall for purposes of such application be deemed to be an owner of such land). In the case of multiple ownership, the approved plan shall be binding on all owners.

c.

Location of the planned residential district. Planned residential developments are permitted as a conditional use in the R-3 (Two-Family, Townhouse) and R-4 (Multiple-Family) Zoning Districts.

d.

Permitted uses. All uses within an area designated as planned residential development are determined by the provisions of this section and the approved plan of the project concerned.

1.

Residences may be of a variety of types, including one-family, two-family, and multiple-family, but not including manufactured homes. In developing a balanced community, the use of a variety of housing types shall be deemed desirable in keeping with the objectives of this district.

2.

Customary accessory or associated uses, such as private garages, storage spaces, recreational and community activities, churches and schools shall be permitted as appropriate to the planned residential district.

e.

Land use and density. Because land is used more efficiently in a planned residential development, improved environmental quality can often be produced with a greater number of dwelling units per net acre than usually permitted in traditionally zoned residential districts. The Township Planning Commission shall determine in each case the appropriate land use pattern and dwelling unit density for individual projects. These determinations shall be completely documented and justified.

f.

Common property in the planned residential development. Common property in the planned residential development consists of a parcel or parcels of land, together with the improvements therein, the use and enjoyment of which are shared by the owners and occupants of the planned residential development. When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and areas for recreation and open space.

5.19.2.

Planned residential development application procedure and zoning approval process.

a.

General. Whenever any planned residential development is proposed, before any building permit for the erection of a permanent building in such district shall be granted, and before any part thereof may be filed in the office of the Township Clerk, the developer or his authorized agent shall apply for and secure approval of a conditional use permit in accordance with the following procedures and including subsequent approval of the preliminary site plan and the final detailed site plan by the Township Planning Commission.

b.

Application for sketch approval.

1.

In order to allow the Township Planning Commission and the developer to reach an understanding of basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Township Planning Commission. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:

A.

Boundaries of property.

B.

The location of the various uses and their areas in acres.

C.

The location and height of all buildings and parking facilities.

D.

The interior roadway system and all existing rights-of-way and easements, whether public or private.

E.

Delineation of the various residential areas indicating for each such area its size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise), plus a calculation of the residential density in dwelling units per net acre (total area excluding interior roadways) for each such area.

F.

The interior open space system.

G.

The overall drainage system.

H.

If grades exceed three percent, or portions of the site have a moderate to high susceptibility to erosion, or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than two feet of elevation shall be provided along with an overlay outlining the above susceptible soil.

I.

Principal ties to the neighborhood and community with respect to transportation, water supply, and sewage disposal.

J.

General description of the provision of other community facilities, such as schools, recreational facilities, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

K.

A location map showing uses and ownership of abutting lands.

2.

In addition, the following documentation shall accompany the sketch plan:

A.

Evidence that the proposal is compatible with the objectives of the official comprehensive plan.

B.

General statement as to how common open space is to be owned and maintained.

C.

If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the sketch plan of this section shall show the intended total project.

3.

The Township Planning Commission shall review the sketch plan and its related documents, and shall render either a favorable or unfavorable recommendation to the applicant.

4.

A favorable recommendation shall include a report to the applicant that he may proceed with initiation of the conditional use permit. It shall be included as part of the recommendation that:

A.

The proposal conforms to the comprehensive plan.

B.

The proposal meets the intent, objectives, and general requirements of the planned residential district as expressed in Section 4.2.6.

C.

The proposal is conceptually sound in that it meets a community need and conforms to accented design principals in the proposed functional roadway system, land use configuration, open space system, and drainage system.

D.

There are adequate services and utilities available or proposed to be made available in the construction of the development.

E.

The proposal meets all the general requirements of Section 4.2.6.

5.

An unfavorable recommendation shall state clearly the reasons therefor and, if appropriate, indicate to the applicant what might be necessary in order to receive a favorable recommendation. Within ten days after receiving an unfavorable recommendation, the applicant may, if he wishes, initiate a conditional use request, which would be accompanied by an unfavorable recommendation from the Township Planning Commission.

6.

The Chairman of the Township Planning Commission shall certify when all of the necessary application material has been presented, and the Township Planning Commission shall submit its report to the applicant within 30 days of such certification. If no report has been rendered after 30 days, the applicant may proceed as if a favorable report were given.

7.

Upon receipt of a favorable report from the Township Planning Commission or upon application by the applicant within ten days of an unfavorable report from the Township Planning Commission, conditional use permit procedure shall be initiated.

5.19.3.

Site plan approval process.

a.

Application for preliminary site plan approval. In order to receive a conditional use permit, site plans must be approved. Application for preliminary site plan approval shall be to the Township Planning Commission and shall be in accordance with Section 5.7. Site plan review and approval of this ordinance and including:

1.

An area map showing the applicant's entire holdings, that portion of the applicant's property under consideration, and all properties, subdivisions, streets, and easements within 300 feet of the applicant's property.

2.

A topographic map showing contour intervals of not more than two feet of elevation shall be provided.

3.

A site plan showing location, proposed use and height of all buildings, location of all parking areas, with access drives thereto; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential use, if any.

4.

A tracing overlay showing all soils areas and their classifications, and those areas, if any, with moderately high susceptibility to flooding, and moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.

b.

Factors for consideration. The Township Planning Commission's review of a preliminary site plan shall include, but is not limited to, the following considerations:

1.

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization, traffic controls and pedestrian movement.

2.

Location, arrangement, appearance, and sufficiency of off-street parking.

3.

Location, arrangement, size and design of buildings and lighting.

4.

Relationship of the various uses to one another.

5.

Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and/or a noise deterring buffer between adjacent uses and adjoining lands.

6.

In the case of multiple dwellings, the adequacy of usable open space for playgrounds and recreation.

7.

Adequacy of storm water and sanitary waste disposal facilities.

8.

Adequacy of structures, roadways, and landscaping, in areas with moderate to high susceptibility to flooding, ponding and/or erosion.

9.

Compliance with all regulations of this ordinance.

c.

Action on preliminary site plan application. Within 30 days of the receipt of the application for preliminary site plan approval, the Township Planning Commission shall act on it. If no decision is made within a 30-day period, the preliminary site plan shall be considered approved. The Township Planning Commission's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved. A copy of the appropriate minutes of the Township Planning Commission shall be a sufficient report.

The Township Planning Commission's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, of which conformance with shall be considered a condition of approval. Such recommendations shall be limited, however, to siting and dimensional details within general use areas; and shall not significantly alter the sketch plan as it was approved in the zoning amendment proceedings.

If the preliminary site plan is disapproved, the Township Planning Commission's statement shall contain the reasons for such findings. In such a case, the Township Planning Commission may recommend further study of the site plan and resubmission of the preliminary site plan to the Township Planning Commission after it has been revised or redesigned.

d.

Request for changes in sketch plan. If in the site plan development, it becomes apparent that certain elements of the sketch plan, as it has been approved by the Township Planning Commission, becomes unfeasible and in need of modification, the applicant shall then present his modifications to the Township Planning Commission as his preliminary site plan is in accordance with the above procedures. The Township Planning Commission shall then determine whether or not the modified plan is still in keeping with the intent of the planned residential development. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved sketch plan. If an affirmative decision is reached, the Township Planning Commission shall state all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given by the Township Planning Commission.

e.

Application for final detailed site plan approval. After receiving approval from the Township Planning Commission on a preliminary site plan, the applicant may prepare his final detailed site plan, and submit it to the Township Planning Commission for final approval; except that if more than 12 months has elapsed between the time of the Township Planning Commission's report on the preliminary site plan and if the Township Planning Commission finds that conditions have changed significantly in the interim, the Township Planning Commission may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.

The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been recommended by the Township Planning Commission at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.

f.

Action on the final detail site plan application. Within 30 days of receipt of the application for final detailed site plan approval, the Township Planning Commission shall render a decision to the applicant. If no decision is made within the 30-day period, the final site plan shall be considered approved.

1.

Upon approving an application, the Township Planning Commission shall endorse its approval on a copy of the final detailed site plan and the conditional use permit shall be issued.

2.

Upon disapproving an application, the Township Planning Commission shall so inform the applicant in writing of its decision and its reason for disapproval. A copy of the appropriate minutes may suffice for this notice. After disapproval of the application, the Township Planning Commission may recommend further study of the site plan and resubmission of the final detailed site plan to the Township Planning Commission after it has been revised or redesigned to reflect necessary modifications.

g.

Staging. If the applicant wishes to stage his development he has so indicated, then he may submit only those stages he wishes to develop for preliminary and final detail site plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan shall be developed.

5.19.4.

Other regulations applicable to planned residential developments.

a.

Regulation after initial construction and occupancy. For the purposes of regulating land development and use property after initial construction and occupancy, any changes other than use changes shall require approval by the Township Planning Commission. Use changes (changes in types or location of primary and accessory uses, services or facilities) shall require Township Board approval following a public hearing and the recommendation of the Township Planning Commission. It shall be noted, however, that properties lying in planned residential developments are unique and shall be so considered by the Township Planning Commission and Township Board when evaluating these requests, and maintenance of the intent and function of the planned residential unit shall be of primary importance.

b.

Financial responsibility. No building permits shall be issued for construction within a planned residential development until public improvements are installed or performance bond posted in accordance with the Township Board requirements.

5.20.1.

Lot division in recorded plats. Pursuant to the statutory authority granted by the Subdivision Control Act of 1967, Act 288, P.A. 1967; Act 161, P.A. 1939 providing for publication of ordinances; Act 246, P.A. 1945, as amended, authorizing township boards to adopt ordinances and regulations to secure the public health, safety, and general welfare, the division of a lot in a recorded plat is prohibited, unless approved following application to the Township Board. The application shall be filed with the Township Clerk and shall state the reasons for the proposed division. No lot in a recorded plat shall be divided into more than four parts and the resulting lots shall be no less in area than permitted by the zoning ordinance of Madison Township. No building permit shall be issued, or any building construction commenced, until the division has been approved by the Township Board and the suitability of the land for building sites has been approved by the Lenawee County Health Department. The division of a lot resulting in a smaller area or lesser width than prescribed by the zoning ordinance of Madison Township or the Subdivision Control Act, Act 288, Michigan P.A.

5.20.2.

Division of unplatted parcels. The division of unplatted parcels is prohibited, unless approved following application to the Township Board. The application shall be filed with the Township Clerk and shall state the reasons for the proposed division. The division, or divisions, will be governed by the terms of the Subdivision Control Act of 1967, commonly known as PA. 288, effective January 1, 1968, and particularly Section 102 and such other sections or parts thereof as may be applicable thereto. The resulting lots or parcels shall be in conformance to the terms of the Madison Township zoning ordinance for the district involved. No building permit shall be issued, or any building construction commenced, until the division has been approved by the Township Board and the suitability of the land building sites have been approved by the Lenawee County Health Department (see Section 5.12). The division of a parcel resulting in a smaller area or lesser width than prescribed by the zoning ordinance of Madison Township or the Subdivision Control Act, Act 288, Michigan P.A. 1967, may be permitted, but only for the purpose of adding to the existing building site or sites. The application shall so state and shall be in affidavit form.

5.20.3.

Penalties. Any person who violates this section of the zoning ordinance or fails to comply with any of the requirements of this section shall be subject to the penalties indicated in Section 6.7.

Nuclear or contaminated waste products shall not be stored or maintained in any manner in Madison Township.

(Amended December 2002)

5.22.1.

Compliance with Section 16(h). In order to comply with Section 16(h), as added to the Township Zoning Act by Public Act 177 of 2001, notwithstanding the generally applicable minimum lot frontage/lot width and minimum lot area per dwelling unit requirements of the ordinance, land zoned for residential number of dwelling units. That could otherwise be developed on the land under existing ordinances, laws, and rules, on not more than 50 percent of the land, if all of the following apply: (Amended December 2002)

a.

The land is zoned at a density equivalent to two or fewer dwelling units per acre; or, if the land is served by a public sewer system, three or fewer dwelling units per acre.

b.

Not less than 50 percent of the land area will remain perpetually in an undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal means that runs with the land and such documents shall be filed with the Lenawee County Register of Deeds. The documents creating the undevelopable land shall be submitted to the Township for approval prior to the commencement of development on the remaining land. Regardless of the means selected by the landowner to preserve the open space, a provision shall be inserted in the document creating the undevelopable land authorizing and empowering the Township to enforce the restrictions in the document preventing development.

c.

The development does not depend upon the extension of a public sewer or public water supply system, unless development of the land without the exercise of the development option provided by this provision would also depend upon such an extension.

d.

The development option provided pursuant to this section has not previously been exercised with respect to the subject property.

5.22.2.

Development subject to other laws. (Amended December 2002) The development of land under this section is subject to all other applicable ordinances, laws, and rules, including, but not limited to:

a.

The provisions of the zoning ordinance that are not in conflict with and preempted by Section 16(h) of the Township Zoning Act as added by 2001 Public Act 177 (MCL 125.286h).

b.

The Land Division Act (formerly the Subdivision Control Act, MCL 560.101 et seq.).

c.

Any ordinance regulating the division of land, the platting of land into subdivisions, or the creation of a site condominium.

d.

Rules relating to suitability of groundwater for on-site water supply for land not served by public water.

e.

Rules relating to suitability of soils for on-site sewage disposal for land not served by public sewers.

5.22.3.

Definition of "undeveloped state." As used in this section, the term "undeveloped state" means a natural state preserving natural resources, natural features, or scenic or wooded conditions; agricultural use; open space; or a similar use of condition. This term does not include a golf course, but may include a recreational trail, picnic area, children's play area, greenway, or linear park. (Amended December 2002)

5.22.4.

General provisions. (Amended April 2003)

a.

Parallel or yield plan. As part of open space plan review, a "parallel" or "yield plan" shall be prepared by the developer. The parallel plan shall demonstrate a feasible development under the requirements of the specific zoning district in which it is located and the requirements of any and all State, County, and Township land division regulations. All lots, roads and other improvements in the parallel plan shall be designed so that they do not adversely impact wetlands, floodplains or drainage ways, as regulated by Federal, State, County or local agencies.

A demonstration must be made to the Planning Commission that this parallel plan or conventional subdivision is able to be physically constructed and meet all current subdivisions regulations should the open space community be denied or not constructed. If there is a question regarding water, septic, wetlands or floodplains, the Planning Commission may request validation from the proper regulatory authority. If it is determined, through these responses, that the number of lots proposed is unfeasible, the yield plan shall be revised and submitted, minus that number of lots. Detailed engineering is not required at this stage.

The Planning Commission may also waive the submission of a yield plan if it is determined that the number of housing units proposed for open space development is, without question, well below what would be feasible for the site. Such waivers must be detailed in writing and recorded as part of the motion in the minutes of the Planning Commission. Waivers may only be granted if it is determined by the Planning Commission, that the proposed open space design will be a benefit to the Township and achieve all the goals and objectives set forth in the Madison Charter Township Land Use Plan and zoning ordinance.

b.

Minimum lot size. Lot sizes shall be determined by the State and County Health Departments' regulations or standards. In no case shall any lot be less than 15,000 square feet when central sewer facilities are not available, or less than 7,500 square feet when central sewer facilities are available.

(Amended November 10, 2020)

The following development standards are applicable to marihuana operations and all site plans shall be reviewed for compliance with these standards. If there are any conflicts between the standards set forth in this Section 5.23 and the other provisions of the zoning ordinance, the standards in this section shall apply.

5.23.1.

All marihuana operations. All marihuana operations are subject to the following standards and requirements:

a.

Uses not permitted by State prohibited. Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by State law may not be permitted by the Township. In the event that a court with jurisdiction declares some or all of this article invalid, then the Township may suspend the acceptance of applications for conditional use permits pending the resolution of the legal issue in question.

b.

State licensing required. The marihuana operations must be licensed by the State of Michigan and then must be at all times in compliance with the laws of the State of Michigan, including, but not limited to, the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Marihuana Tracking Act, MCL 333.27901 et seq.; the Michigan Regulation and Taxation of Marihuana [MCL] Act 333.27951 et seq., and all other applicable rules promulgated by the State of Michigan.

c.

Township permit required. A marihuana operation must have a permit issued by Township pursuant to the Township's marihuana operations ordinance and then must be at all times in compliance with Township marihuana operations ordinance.

d.

Compliance with law. Except as otherwise modified by this section, all marihuana facilities must comply with all other applicable laws and ordinances of the Township, including, but not limited to, all area, yard, height and bulk regulations set forth in Section 4.11 of the Township zoning ordinance.

e.

No home occupation. Marihuana operations are not permitted as a home business or accessory use nor may they include accessory uses except as otherwise provided in this ordinance.

f.

Minimum lot size. The minimum lot size in the MMO [MOO] district shall be one acre; however, no more than one marijuana operation may be located on a single lot.

g.

Physical appearance. The exterior appearance of the structure shall remain compatible with the exterior appearance of structures already constructed or under construction within the immediate area and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment of property values within the immediate area.

h.

No outdoor activities or storage. All activities and all materials used in connection with marihuana operations, with the exception of the loading and unloading of materials, must be contained within an enclosed and secure building or structure.

i.

Signage. Signage requirements for marihuana operations, unless otherwise specified, are as provided in Section 5.2 of the Township zoning ordinance.

j.

Buffer zones.

1.

A marihuana operation may not be located within 250 feet of real property comprising or used by a public or private elementary, vocational, or secondary school; a public or private college, junior college, or university; a licensed child care center or preschool; a public playground, public swimming pool, or public or private youth activity operation; a public park, public outdoor recreation area, or public recreation operation; a public library; or a religious institution. (Amended October 13, 2020)

2.

The distance shall be measured as the shortest straight-line distance between the property line of the uses described in the preceding paragraph 5.23.01.j.1 to any building or structure in which marihuana is stored, grown or located.

k.

Security fencing. With the exception of marihuana operations selling marijuana, all other marihuana operations must erect minimum eight feet high security fencing, topped with barbed wire or razor wire, around all portions of operation where marihuana is grown, stored or processed. The security fencing shall not be located within the required buffer zone and shall be behind the required screening.

l.

Screening. All marihuana operations shall be screened from adjacent lots and road rights-of-way, including, but not limited to, one or more of following methods as best suited to the existing conditions, subject to Planning Commission approval during the site plan approval process:

1.

Greenbelt buffer.

2.

Hedgerow.

3.

Evergreen screen.

4.

Masonry wall.

In all agricultural and residential districts, whenever a property owner can demonstrate that an owner or occupant of a residential structure requires the use of a ramp, for ingress and egress to the structure, such ramps shall be permitted and shall not be included as a part of the structure when measuring for the required front setback requirements under Section 4.11. Provided, however, as such time as the structure is no longer owned or occupied by an individual requiring the using the ramp, the ramp shall be removed and the lot and structure shall be brought into conformity with the front setback requirements for the applicable zoning district.