Manchester City Zoning Code

ENVIRONMENTAL PROTECTION

AND DESIGN PROVISIONS

§ 151.100 PURPOSE.

(A) Environmental standards are established in order to preserve the short- and long-term environmental health, safety, and quality of the village.

(B) No parcel, lot, building, or structure in any district shall be used or occupied 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.

(C) Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards.

(D) No use, otherwise allowed, shall be permitted within any district which does not conform to the following standards of use, occupancy, and operation.

(E) These standards are established as minimum requirements to be maintained.

(Ord. 239, passed 3-5-2001, § 6.1) Penalty, see § 151.999

§ 151.101 LANDSCAPING; GREENBELTS AND BUFFERS; SCREENING.

(A) Intent. The intent of this section is to:

(1) Protect and preserve the appearance, character, and value of the community;

(2) Minimize noise, air, and visual pollution;

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

(4) Require buffering of residential areas from more intense land uses and public road rights-of-way;

(5) Prevent soil erosion and soil depletion and promote sub-surface water retention;

(6) Encourage an appropriate mixture of plant material, such as evergreen and deciduous trees and shrubs, to protect against insect and disease infestation and produce a more aesthetic and cohesive design; and

(7) Encourage the integration of existing woodlands in landscape plans.

(B) Application of requirements.

(1) These requirements shall apply to all uses for which site plan review is required under § 151.023 and subdivision plat review as required under the Subdivision Control Ordinance.

(2) No site plan, site condominium plan, or subdivision plat shall be approved unless a landscape plan is provided which meets the requirements set forth herein.

(C) Landscape plan requirements. A separate detailed landscape plan shall be required to be submitted to the village as part of the site plan review or tentative preliminary plat review. The landscape plan shall demonstrate that all requirements of this section are met and shall include, but not necessarily be limited to, the following items:

(1) Location, spacing, size, root type, and descriptions for each plant type;

(2) Typical straight cross section, including slope, height, and width of berms;

(3) Typical construction details to resolve specific site conditions, such as landscape walls and tree wells used to preserve existing trees or maintain natural grades;

(4) Details, in either text or drawing form, to ensure proper installation and establishment of proposed plant materials;

(5) Identification of existing trees and vegetative cover to be preserved;

(6) Identification of grass and other ground cover and method of planting; and

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

(D) Screening between land uses.

(1) Upon any improvement for which a site plan is required, a landscape buffer shall be constructed to create a visual screen at least 6 feet in height along all adjoining boundaries between either a conflicting nonresidential or conflicting residential land use and residentially zoned or used property. A landscape buffer shall consist of earthen berms and plant materials, or plant materials only, so as to maintain a minimum opacity of at least 80%. Opacity shall be measured by observation of any 2 square yard area of landscape screen between 1 foot above the established grade of the area to be concealed and the top or the highest point of the required screen. The plantings must meet this standard, based upon reasonably anticipated growth over a period of 3 years.

(2) (a) Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence shall be required by the village. The wall or fence shall be a minimum of 6 feet in height, as measured on the side of the proposed wall having the higher grade.

(b) A required wall shall be located on the lot line, except where underground utilities interfere and except in instances where this chapter requires conformity with front yard setback requirements. Upon review of the landscape plan, the village may approve an alternate location of a wall.

1. The village and the Building Official shall approve the construction materials of the wall or fence, which may include face brick, poured-in-place simulated face brick, precast brick face panels having simulated face brick, stone, or wood.

2. In addition, a minimum of 1 deciduous tree and 6 shrubs meeting the minimum size requirements provided herein shall be planted adjacent to, and for each 30 lineal feet of wall or fence.

(E) Parking lot landscaping.

(1) Required landscaping within parking lots. Separate landscape areas shall be provided within parking lots in accordance with the following requirements.

(a) There shall be a minimum of 1 canopy/deciduous tree for every 8 parking spaces, provided that a landscape island shall be provided for no more than 16 continuous spaces.

(b) Landscaping shall be arranged in curbed islands within the parking lot and shall not be less than 8 feet wide.

(c) A minimum distance of 3 feet from the backside of the curb and the proposed landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of 5 feet from the backside of the curb and the proposed landscape plantings shall be provided.

(d) The village, at its discretion, may approve alternative landscape plantings at the perimeter of parking lots where landscaping within parking lots would be impractical due to the size of the parking lot or detrimental to safe and efficient traffic flow, or would create an unreasonable burden for maintenance and snowplowing.

(2) Required landscaping at the perimeter of parking lots. Separate landscape areas shall be provided at the perimeter of parking lots in accordance with the following requirements.

(a) Parking lots considered to be a conflicting land use, as defined by this section, shall meet the screening requirements set forth in division (D) above.

(b) Parking lots visible from a public road shall be screened from view with a landscaped berm, varied in height from between 2 to 3 feet along the perimeter of those sides that are visible. The berm shall be planted with a minimum of 1 deciduous or evergreen tree and 5 deciduous or evergreen shrubs, meeting the minimum size requirements set forth in this section for every 30 lineal feet, or major portion thereof. The Planning Commission, at its discretion, may approve alternative landscape plantings, such as a solid hedge or a solid wall in lieu of a landscape berm.

(F) Greenbelts. A landscaped greenbelt, equivalent in depth to the front yard setback, is required in accordance with the requirements of this section. The greenbelt shall be located adjacent to the road right-of-way.

(1) The greenbelt shall be landscaped with a minimum of 1 deciduous or evergreen tree plus 6 deciduous and/or evergreen shrubs for every 30 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Deciduous trees within a greenbelt shall be a minimum caliper of 2½ inches or greater. Evergreen trees within a greenbelt shall be a minimum height of 6 feet.

(2) If ornamental deciduous trees are substituted for either deciduous trees or evergreen trees, they shall be provided at a minimum of 1 tree for every 20 lineal feet, or fraction thereof, of frontage abutting a public road right-of-way. Ornamental deciduous trees within a greenbelt shall be a minimum caliper of 2 inches or greater.

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

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

(G) Site landscaping. In addition to any landscape greenbelt and/or parking lot landscaping required by this section, 10% of the site area, excluding existing public rights-of-way, shall be landscaped. The site area landscaping may include a combination of the preservation of existing tree cover, planting of new trees and plant material, landscape plazas and gardens and building foundation planting beds. Site area landscaping shall be provided to screen potentially objectionable site features such as, but not limited to, retention/detention ponds, transformer pads, air-conditioning units, and loading areas.

(H) Subdivision and site condominium landscaping. Landscaping for single-family residential subdivisions and site condominiums shall be provided in accordance with the following requirements.

(1) Street trees. The frontage of all internal public or private streets shall be landscaped with a minimum of 1 tree for every 50 lineal feet, or fraction thereof. The street trees shall meet the minimum size and spacing requirements set forth in division (K) below.

(2) Screening between land uses. Where a subdivision or site condominium contains uses defined as conflicting land uses by this section, the screening requirements set forth in division (D) above shall be met.

(3) Screening from public roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in division (D) above shall be met.

(4) Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement that would be enhanced through the addition of landscaping.

(I) Screening of trash containers.

(1) Outside trash disposal containers shall be screened on all sides with an opaque fence or wall, and gate at least as high as the container, but no less than 6 feet in height, and shall be constructed of material compatible with the architectural materials used in the site development.

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

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

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

(5) Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of 6 30-gallon cans or more. Aprons shall be provided for loading of bins with a capacity of 1.5 cubic yards or more.

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

(7) Screening and gates shall be of a durable construction.

(J) Landscape elements. The following minimum standards shall apply.

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

(2) Composition. A mixture of plant material, such as evergreen and deciduous trees and shrubs, is recommended as a protective measure against insect and disease infestation. A limited mixture of hardy species is recommended, rather than a large quantity of different species, to produce a more aesthetic, cohesive design and avoid a disorderly appearing arrangement.

(3) Berms. Berms shall be constructed with slopes not to exceed a 1:3 gradient. Berm slopes shall be protected with sod, seed, or other form of natural ground cover.

(4) Existing trees. The preservation and incorporation of existing trees is encouraged. Where existing trees are used to satisfy the requirements of this section, the following requirements shall apply.

(a) Paving, or other site improvements, shall not encroach upon the dripline of the existing tree(s) to be preserved.

(b) If existing plant material is labeled “To Remain” on site plans by the applicant or required by the village, protective techniques, such as, but not limited to, fencing or barriers placed at the dripline around the perimeter of the plant material shall be installed during construction. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved. Other protective techniques may be used, provided the techniques are approved by the village.

(c) In the event that healthy trees used to meet the minimum requirements of this chapter or those labeled to remain are cut down, destroyed, damaged, or excavated at the dripline, as determined by the village, the contractor shall replace them with trees that meet chapter requirements.

(5) Installation, maintenance, and completion.

(a) All landscaping required by this chapter shall be planted before obtaining a certificate of occupancy or the appropriate financial guarantee, as set forth in § 151.026, shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

(b) All landscaping and landscape elements shall be planted, and earth moving or grading performed, in a sound workmanlike manner, according to accepted planting and grading procedures.

(c) The owner of property required to be landscaped by this chapter shall maintain the landscaping in a strong and healthy condition, free from refuse, debris, and insects. All materials used to satisfy the requirements of this chapter, which become unhealthy or dead, shall be replaced within 1 year of damage or death or the next appropriate planting period, whichever comes first. All landscaped areas shall be provided with a readily available and acceptable water supply.

(K) Minimum size and spacing requirements. Where landscaping is required, the following schedule sets forth minimum size and spacing requirements for representative landscape materials.

Trees	Minimum Size Allowable (Height/Caliper)				Recommended On-Center Spacing (In Feet)
Trees	Evergreen Trees:
Fir	4						4
Spruce	4						4
Pine	4						4
Evergreen Trees:
Hemlock	4						4
Douglas Fir	4						4
Narrow Evergreen Trees:
Red Cedar		4						4
Arborvitae		4						4
Juniper (selected varieties)		4						4
Large Deciduous Trees:
Oak				4	4
Maple				4	4
Beech				4	4
Linden				4	4
Ginko (male only)				4	4
Honeylocust (seedless, thornless)				4	4
Birch				4	4
Sycamore				4	4
Small Deciduous Trees (ornamental):
Flowering Dogwood			4				4
Flowering Dogwood (disease resistant)			4
Flowering Cherry, Plum, Pear			4			4
Small Deciduous Trees (ornamental):
Hawthorn			4				4
Redbud			4			4
Magnolia			4				4
Flowering Crabapple			4				4
Mountain Ash			4				4
Hornbean			4			4

Shrubs	Minimum Size Allowable (Height/Spread)				Recommended On-Center Spacing (In Feet)
Shrubs	Large Evergreen Shrubs:
Pyrimidal Yew		4			4
Hicks Yew				4				4
Spreading Yew			4				4
Alberta Spruce		4						4
Chinensis Juniper varieties			4			4
Sabina Juniper				4			4
Mugho Pine				4		4
Small Evergreen Shrubs:
Brown’s Ward’s Sebion Yews				4					4
Horizontal Juniper varieties				4		4
Small Evergreen Shrubs:
Boxwood				4				4	*
Euanymous Speading varieties				4			4
Large Deciduous Shrubs:
Lilac			4		4
Privet			4			4			*
Sumac			4			4
Buckthorn/Tallhedge		4					4		*
Pyracantha				4			4
Weigela		4						4
Flowering Quince			4			4
Cotoneaster (Peking and Spreading)			4				4
Dogwood (Red Osier and Grey)			4			4
Euonymous (Burning Bush)			4			4	*
Viburnum varieties			4			4
Small Deciduous Shrubs:
Barberry				4			4
Dwarf Winged Euonymus				4			4		*
Small Deciduous Shrubs:
Spirea				4				4
Frangrant Sumac				4
Japanese Quince				4					4
Cotonester				4					4
Cotonester (Rockspray, Cranberry)				4			4
Potenilla				4					4

(L) Exceptions.

(1) Buildings abutting property lines. Required screening may be omitted along any lot line where a building wall exists immediately abutting the lot line.

(2) Location adjustments. Where property line screening is required, the location may be adjusted, at the discretion of the Planning Commission, so that the screening may be constructed at or within the setback line, provided the areas between the screening and the property lines are landscaped, or in rural areas, retain their natural vegetative state.

(3) Planning Commission modification. Any of the requirements of this section may be waived or modified through site plan approval, provided the Planning Commission first makes a finding that:

(a) The topographic features or special characteristics of the site create conditions so that the strict application of the provisions of this section will result in less effective screening and landscaping than alternative landscape designs; and

(b) The public benefit intended to be secured by this section will exist with less than the required landscaping or screening.

(Ord. 239, passed 3-5-2001, § 6.2; Am. Ord. 263, passed 8-20-2007) Penalty, see § 151.999

§ 151.102 FENCES, WALLS, AND SCREENS.

(A) Any person desiring to build or cause to be built a fence upon property within the Village of Manchester shall first apply to the Zoning Administrator for a permit. Application for the permit shall contain any and all information, including site plan and opacity, which are required and necessary for the determination of whether the erection of the fence would be contrary to the provisions of this chapter. The fee for the permit shall be set by Council resolution.

(B) Except as otherwise required by this chapter, the following regulations shall apply.

(1) In a residential district, fences shall not exceed 6 feet in height. However, fences in the required front yard shall not exceed 4 feet in height and 50% opacity. Opacity is the degree to which a fence is impervious to rays of light. This condition shall be measured by the observation of any 2 square yard area of fence between 1 foot above the ground level and the top of the fence. The observation shall be from a direction perpendicular to the place of the fence.

(a) Residential fences shall only be constructed of the following materials:

1. Treated wood, cedar, or redwood.

2. Simulated wood, including vinyl covered and synthetic wood composite or equivalent.

3. Decorative brick or stone.

4. Chain link.

5. Any other material which the Zoning Administrator determines to be equivalent to the above in terms of quality and appearance.

(b) The use of barbed wire, snow fence, chicken wire, and electric is prohibited as a residential fence.

(c) Welded wire farm fencing and similar is prohibited as a residential fence except within the R1A and AG Districts. All fence supports shall be uniform in height and style.

(d) The Zoning Administrator shall evaluate the fence type to determine which side of the fence shall face outward with the rule being that the finished side faces the neighbor.

(2) In a commercial, industrial, or office district, no fence, wall, or other screening structure shall exceed 12 feet in height.

(3) The use of barbed wire, spikes, nails, or any other sharp point or instrument of any kind on top or on the sides of any fence is prohibited. Barbed wire cradles may be placed on top of fences enclosing public utility buildings or wherever deemed necessary in the interests of public safety.

(4) No fence shall be constructed or maintained which is charged or connected with an electrical current.

(5) Retaining walls shall be designed and constructed in accordance with applicable building code requirements.

(6) Temporary construction fences and fences required for protection around excavations shall comply with Article 18 of the Basic Building Code. The fences shall not remain in place for a period greater than a year.

(7) Clear vision requirements.

(a) No fence, wall, screen, hedge, sign, or other structure or planting shall obstruct visibility between the heights of 30 inches and 10 feet above the sidewalk grade within 25 feet of the intersection of 2 or more streets.

(b) On any interior lot, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of 30 inches and 10 feet measured a distance of 20 feet back from the point where the driveway intersects the street.

(Ord. 239, passed 3-5-2001, § 6.3; Am. Ord. 296, passed 12-19-2016) Penalty, see § 151.999

§ 151.103 AIRBORNE EMISSIONS.

(A) Smoke and air contaminants. It shall be unlawful for any person, firm, or corporation to permit the emission of any smoke or air contaminant in violation of air quality standards adopted by federal and/or state regulatory authorities.

(B) Odors. Any condition or operation which results in the creation of odors of the intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor. The provisions of this division (B) are not intended to apply to farming activities.

(C) Gases. The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

(Ord. 239, passed 3-5-2001, § 6.4) Penalty, see § 151.999

§ 151.104 NOISE AND VIBRATION.

(A) Noise which is objectionable as determined by the village due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled, subject to the noise control provisions in the Village Code.

(B) In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the decibel readings in the noise control provisions of this code, shall be so controlled so as not to become a nuisance to adjacent uses. Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

(C) No use shall generate any ground transmitted vibration in excess of the limits set forth below. Vibration shall be measured at the nearest adjacent lot line. The vibration maximums set forth below are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following standards shall apply.

Particle Velocity, Inches Per Second
Frequency in Cycles Per Second	Displacement in Inches
0 to 10	0.0010
10 to 20	0.0008
20 to 30	0.0005
30 to 40	0.0004
40 and over	0.0003

(D) Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

(Ord. 239, passed 3-5-2001, § 6.5) Penalty, see § 151.999

§ 151.105 USE, STORAGE, AND HANDLING OF HAZARDOUS SUBSTANCES; STORAGE AND DISPOSAL OF SOLID, LIQUID, AND SANITARY WASTES.

(A) It shall be unlawful for any person, firm, corporation, or other legal entity to pollute, impair, or destroy the air, water, soils, or other natural resources within the village through the use, storage, and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous, and/or sanitary wastes.

(B) Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall obtain the necessary permits or approval from the appropriate federal, state, or local authority having jurisdiction.

(C) Any person, firm, corporation, or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall complete and file a hazardous chemicals survey on a form supplied by the village in conjunction with the following:

(1) Upon submission of a site plan;

(2) Upon any change of use or occupancy of a structure or premises; and

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

(D) All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards.

(1) Above-ground storage and use areas for hazardous substances.

(a) 1. Secondary containment of hazardous substances and polluting materials shall be provided.

2. Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

(b) Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage, and vandalism.

(c) Secondary containment structures such as out buildings, storage rooms, sheds, and polebarns shall not have floor drains.

(d) Areas and facilities for loading/unloading of hazardous substances and polluting materials, as well as areas where the materials are handled and used, shall be designed and constructed to prevent discharge or runoff.

(2) Underground storage tanks. Existing and new underground storage tanks shall be registered, installed, operated, maintained, and removed in accordance with requirements of the appropriate federal, state, or local authority having jurisdiction.

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

(E) All site plans for businesses or facilities which use, store, or generate hazardous substances shall be reviewed by the Fire Department, Village Engineer, and any other appropriate experts determined necessary by the Planning Commission prior to approval by the Planning Commission.

(Ord. 239, passed 3-5-2001, § 6.6) Penalty, see § 151.999

§ 151.106 ELECTRICAL DISTURBANCE, ELECTROMAGNETIC, OR RADIO FREQUENCY INTERFERENCE.

No use shall create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of the disturbance, or cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of the disturbance is adversely affected.

(Ord. 239, passed 3-5-2001, § 6.7) Penalty, see § 151.999

§ 151.107 GLARE AND EXTERIOR LIGHTING.

(A) Light and glare from indirect sources.

(1) Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.

(2) The design and/or screening of the development shall ensure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.

(3) Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.

(B) Exterior lighting from direct sources.

(1) Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using the public or common areas.

(2) Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner which created a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses. This provision is not intended to apply to public street lighting.

(1) Only white, nonglare lighting such as metal halide, color-corrected high pressure sodium, or other types of lighting which achieve the same effect shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists.

(2) The light intensity provided at ground level shall be a minimum of 0.3 foot-candle anywhere in the area to be illuminated. Light intensity shall average a minimum of 0.5 foot-candle over the entire area, measures 5 feet above the surface.

(3) Except as noted below, lighting fixtures shall not exceed a height of 25 feet. In portions of a site adjacent to residential areas, lighting fixtures shall not exceed a height of 20 feet.

(4) All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of the lighting upon adjacent properties, and traffic safety. Building or roof-mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purpose is not permitted. Temporary holiday lighting and decoration are exempt from the aforementioned provision.

(Ord. 239, passed 3-5-2001, § 6.8) Penalty, see § 151.999

§ 151.108 FIRE HAZARD.

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and the safety devices as are normally used in the handling of any such material. The hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.

(Ord. 239, passed 3-5-2001, § 6.9) Penalty, see § 151.999

§ 151.109 SAFETY.

Existing hazards or potential hazards and nuisances, such as construction sites, junk yards, land fills, sanitary land fills, demolition sites, unused basements, abandoned wells or cisterns and sand, gravel, and stone pits or piles are to be enclosed by suitable fencing or barriers so as not to endanger public health, safety, and welfare.

(Ord. 239, passed 3-5-2001, § 6.10) Penalty, see § 151.999

§ 151.110 STORMWATER MANAGEMENT.

(A) Generally. All developments and earth changes subject to review under the requirements of this chapter shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required on site shall reflect the natural features, wetlands, and watercourses on the site; the potential for on-site and off-site flooding, water pollution, and erosion; and the size of the site. Stormwater management shall comply with the following standards.

(1) The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with the standards of the Washtenaw County Drain Commissioner.

(2) Stormwater management conveyance, storage, and infiltration measures and facilities shall be designed to prevent flood hazards arid water pollution related to stormwater runoff and soil erosion from the proposed development.

(3) The use of swales and vegetated buffer strips is encouraged in cases where the Planning Commission deems to be safe and otherwise appropriate as a method of stormwater conveyance so as to decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and to remove pollutants.

(4) Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

(5) Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the Michigan Department of Environmental Quality and the Washtenaw County Drain Commissioner, based upon professionally accepted principles, such a proposal shall be submitted and reviewed by the Village Engineer, with consultation of appropriate experts.

(6) Drainage systems shall be designed to protect public health and safety and to be visually attractive, taking into consideration viable alternatives.

(B) On-site stormwater detention. For the purpose of controlling drainage to off-site properties and drainage ways, all properties which are developed under this zoning code, whether new or improved, shall provide for on-site detention storage of storm water in accordance with the current Washtenaw County Drain Commission’s standards.

(Ord. 239, passed 3-5-2001, § 6.11) Penalty, see § 151.999

§ 151.111 REGULATION OF FLOOD PLAIN AREAS.

(A) Purpose.

(1) The flood plains of the village are subject to periodic inundation of floodwaters which result in loss of property, health, and safety hazards, disruption of commerce and governmental service, and impairment of tax base.

(2) It is the purpose of this section to comply with the provisions and requirements of the National Flood Insurance Program, as constituted in accordance with the National Flood Insurance Act of 1968, and subsequent enactments and rules and regulations promulgated in furtherance of this program by the Federal Emergency Management Agency (FEMA), as published in the 44 C.F.R. pt. 31177.

(3) The provisions of this section are intended to:

(a) Help protect human life, prevent or minimize material losses, and reduce the cost to the public for rescue and relief efforts;

(b) Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause excessive increases in flood heights or velocities;

(c) Require that uses vulnerable to floods, including public facilities which serve those uses, shall be protected against flood damage at the time of initial construction;

(d) Protect individuals from buying lands which are designated to be unsuited for intended purposes because of flooding; and

(e) Permit reasonable economic use of property located within a designated flood plain area.

(B) Delineation of flood plain areas.

(1) Designated flood plain areas shall overlay existing zoning districts delineated on the Zoning District Map of the village. The boundaries of the flood plain areas are identified in the report entitled, the Flood Insurance Study, Village of Manchester, prepared by FEMA with an effective date of 6-15-1982, as may be revised from time to time. The study and accompanying maps are adopted by reference, appended, and declared to be part of this chapter.

(2) The standard applied to establishing the flood plain area is the base flood plain delineated by the base flood. In areas associated with riverine flooding, a floodway is designated within the flood plain area.

(3) Where there are disputes as to the location of a flood plain area boundary, the Zoning Board of Appeals shall resolve the dispute in accordance with §§ 151.205 et seq.

(1) In addition to other requirements of this chapter applicable to development in the underlying zoning district, compliance with the requirements of this section shall be necessary for all development occurring within designated flood plain areas. Conflicts between the requirements of this section and other requirements of this chapter or any other ordinance shall be resolved in favor of this section, except where the conflicting requirement is more stringent and would further the objectives of this section. In those cases, the more stringent requirement shall be applied.

(2) Upon application for land use permits, the Zoning Administrator shall determine whether the use is located within a designated flood plain area utilizing the documents cited in division (B) above. The issuance of a land use permit within the flood plain area shall comply with the following standards:

(a) The requirements of this section shall be met;

(b) The requirement of the underlying districts and all other applicable provisions of this chapter shall be met; and

(c) All necessary development permits shall have been issued by appropriate local, state, and federal authorities, including a flood plain permit, approval, or letter of authority from the Michigan Department of Natural Resources under authority of Public Act 451 of 1994, being M.C.L.A. §§ 324.101 et seq. Where a development permit cannot be issued prior to the issuance of a zoning compliance permit, a letter from the issuing agency indicating intent to issue contingent only upon proof of zoning compliance shall be acceptable.

(3) Flood plain management administrative duties.

(a) With regard to the National Flood Insurance Program, and the regulation of development within the flood hazard area zone as prescribed in division (D) below, the duties of the Zoning Administrator shall include, but are not limited to:

1. Notification to adjacent communities and the Department of Natural Resources of the proposed alteration or relocation of any watercourse, and the submission of the notifications to the Federal Insurance Administration;

2. Verification and recording of the actual elevation in relation to mean sea level of the lowest floor, including basement, of all new or substantially improved structures constructed within the flood hazard area, and in the case of flood proofed structures, the elevation to which the structure was flood proofed; and

3. Recording of all certificates of flood proofing, and written notification to all applicants to whom variances are granted in flood hazard area zone indicating the terms of the variance. A record of all variance notifications and variance actions shall be maintained together with the justification for each variance.

(b) All records and maps pertaining to the National Flood Insurance Program shall be maintained in the office of the Zoning Administrator and shall be open for public inspection.

(c) It shall be the responsibility of the Zoning Administrator to obtain and utilize the best available flood hazard data for purposes of administering this chapter in the absence of data from FEMA.

(D) Flood plain standards and requirements.

(1) The following general standards and requirements shall be applied to all uses proposed to be located within the flood plain area.

(a) All new construction and substantial improvements within a flood plain, including the placement of prefabricated buildings and mobile homes, shall:

1. Be designed and anchored to prevent flotation, collapse, or lateral movement of the structure;

2. Be constructed with materials and utility equipment resistant to flood damage; and

3. Be constructed by methods and practices that minimize flood damage.

(b) All new and replacement water supply systems shall minimize or eliminate infiltration of flood waters into the systems.

(c) All new and replacement sanitary sewage systems shall minimize or eliminate infiltration of flood waters into the systems and discharges from systems into flood waters.

(d) All public utilities and facilities shall be designed, constructed, and located to minimize or eliminate flood damage.

(e) Adequate drainage shall be provided to reduce exposure to flood hazards.

(f) The Village Engineer or his or her representative shall review development proposals to determine compliance with the standards in this sections and shall transmit his or her determination to the Zoning Administrator.

(g) Land shall not be divided in a manner creating parcels or lots which cannot be used in conformance with the requirements of §§ 151.100 et seq.

(h) The flood carrying capacity of any altered or relocated watercourse not subject to state and federal regulations designed to insure flood carrying capacity shall be maintained.

(i) Available flood hazard data from federal, state, or other sources shall be reasonably utilized in meeting the standards of this section. Data furnished by FEMA shall take precedence over data from other sources.

(2) The following specific standards shall be applied to all uses proposed to be located within the flood plain area but not within the floodway portion of the flood plain area. All new construction and substantial improvements of nonresidential structures shall have either;

(a) The lowest floor, including basement, elevated at least 0.1 foot above the base flood level; or

(b) Be constructed so that below base flood level, together with attendant utility and sanitary facilities, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this division (D)(2)(b) are satisfied, and that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with base flood in the location of the structure.

(3) The following general standards and requirements shall be applied to mobile homes located within flood plain areas.

(a) Anchoring must meet HUD specifications, per rule 605.

(b) An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the Washtenaw County Sheriff Department for mobile home parks and mobile home subdivisions.

(c) Mobile homes within zones Al-30 on the Flood Insurance Rate Map shall be located in accord with the following standards.

1. All mobile homes shall be placed on stands or lots which are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level.

2. Adequate surface drainage away from all structures and access for a mobile home hauler shall be provided.

3. In the instance of elevation on pilings, lots shall be large enough to permit steps, piling foundations shall be placed in stable soil no more than 10 feet apart; and reinforcement shall be provided for piers more than 6 feet above ground level.

4. In mobile home parks and mobile home subdivisions which exist at the time this division (D)(3)(c) is adopted, where repair, reconstruction or improvement of streets, utilities, and pads equals or exceeds 50% of the value of the streets, utilities, and pads before the repair, the standards in divisions (D)(3)(c)1. through (D)(3)(c)3. above shall be complied with.

(4) The following standards shall be applied to all uses proposed to be located within the floodway portion of the flood plain area.

(a) 1. Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited.

2. Exception to this prohibition shall only be made upon certification by a registered professional engineer or the Department of Natural Resources that the development proposed will not result in any increases in flood levels during a base flood discharge, and compliance with Public Act 245 of 1929, being M.C.L.A. §§ 323.1 - 323.12, as amended by Public Act 167 of 1968, being M.C.L.A. §§ 323.1 - 323.5b.

(b) The placement of mobile homes shall be prohibited.

(c) The uses of land permitted in an underlying zoning district shall not be construed as being permitted within the regulatory floodway, except upon compliance with the provisions of this section.

(E) Warning and disclaimer of liability.

(1) The degree of flood protection required by provisions of this section is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions.

(2) These provisions do not imply that areas outside the flood plain or land uses permitted within the districts will be free from flooding or flood damages nor shall the village or any officer or employee thereof be liable for any flood damages that result from reliance on the provisions of this section or any administrative decision lawfully made thereunder.

(Ord. 239, passed 3-5-2001, § 6.12) Penalty, see § 151.999

§ 151.112 BUILDING GRADES.

(A) Any building requiring yard space shall be located at such an elevation that a finished grade shall be maintained to cause the flow of surface water to run away from the walls of the building. All grades shall be established and maintained so that surface water run-off damage does not occur to adjoining properties prior to, during, and after construction.

(B) When a new building is constructed on a vacant lot between 2 existing buildings or adjacent to an existing building, the Building Official shall use the existing established finished grade or the minimum established grade, in determining the proper grade around the new building. The yard around the new building shall be graded in such a manner as to meet existing codes and to preclude normal run-off of surface water to flow onto the adjacent property.

(C) Final grades shall be approved by the Building Official who may require a grading plan which has been duly completed and certified by a registered engineer or land surveyor.

(Ord. 239, passed 3-5-2001, § 6.13) Penalty, see § 151.999