Schedules of specifications, regulations and standards governing land uses have been incorporated in this article for each zoning district. There are, however, at times some unusual conditions attendant on land uses and zoning classifications which justify elaboration and particularization in the application of these specifications, regulations, and standards.

(Ord. of 7-22-2013, § 60.01)

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 shall comply with the following performance standards:

(1)

Fire hazard.

a.

Does not constitute a fire hazard per se.

b.

Complies to the applicable laws of the state (Public Act No. 207 of 1941 (MCL 29.1 et seq.)) and the rules and regulations promulgated thereunder by all authorized agencies, state and local.

c.

Is protected by adequate and proper fire suppression and firefighting equipment.

d.

Provides isolated and approved storage for all flammable, explosive and corrosive materials and substances.

(2)

Water pollution. Conforms to the applicable laws of the state (part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.)) and rules and regulations promulgated thereunder by all authorized state and local agencies.

(3)

Air pollution.

a.

Conforms to the applicable laws of the state (part 55 of Public Act No. 451 of 1994 (MCL 324.5501 et seq.)).

b.

Does not emit or cause fumes, gas, mist, odor, smoke, vapor, dust, including road or other earth dust or any combination thereof, in excess of minimum standards established under the authority of the laws of the state, or in such volume as to create a public nuisance.

(4)

Noise abatement.

a.

Is provided with noise abatement materials and equipment.

b.

Will not generate unpleasant and objectionable noise greater in volume or intensity than the average of traffic noises at exterior property lines.

(5)

Vibrations. No vibrations shall be permitted which are discernible without instruments on any adjoining lot or property.

(6)

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

(7)

Radioactive hazards. Any use or operation which involves the use, possession, or transportation of any form of radioactive materials or substances is expressly prohibited unless the use is in conformity to specifications, regulations, and standards promulgated by the Atomic Energy Commission of the United States and by the state department of public health.

(8)

Electrical disturbances. Manufacturing and processing machinery, other equipment and domestic appliances using electrical power which generates radio frequency interferences at levels in excess of those approved by the Federal Communications Commission are prohibited.

(9)

Erosion. No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties, lakes, ponds, rivers, or streams. Any use of land shall be in accordance with the provisions of part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.).

(10)

Smoke. Smoke shall not be emitted with a density greater than No. 1 on the Ringelmann 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.

(11)

Odors. 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.

(Ord. of 7-22-2013, § 60.02)

State Law reference— Natural resources and environmental protection act, MCL 324.101 et seq.

The removal of soil, including topsoil, sand, gravel, stone, and other earth materials shall be subject to the following conditions:

(1)

There shall be not more than one entrance way from a public road to said lot for each 660 feet of front lot line. Said entrance shall be located not less than 500 feet from an intersection of two or more public roads.

(2)

Such operations shall be permitted only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 7:00 a.m. and 12:00 noon on Saturday. Operations shall not be permitted on Sunday or legal holidays, except by special permit from the planning commission.

(3)

On said site, no digging, stockpiling, excavating or equipment storage and repair shall take place closer than 100 feet from any lot line, and 300 feet from an existing residential zoning district. Stockpiles of stripped topsoil shall be seeded with grass or other plant materials and shall be prevented from eroding onto other properties.

(4)

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 the nuisance caused by windborne dust on adjoining lots and public roads.

(5)

Each operator shall be held responsible for all public roads upon which trucks haul materials from the quarries to keep those roads in a driveable condition at least equal to that which existed prior to the beginning of quarrying operations; and to keep the roads dust-free and to clean any and all spillage of material and dirt, rock, mud, and any other debris carried onto the roads by these trucks or other equipment.

(6)

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

(7)

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

(8)

Such removal shall not be conducted so 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. Such removal shall not be conducted so as to alter the drainage pattern of surface or subsurface waters on adjacent property. In the event that such removal shall cease to be conducted, it shall be the continuing responsibility of the owners and the operators thereof to ensure that no erosion or alteration of drainage patterns shall take place after the date of the cessation of operation as specified in this subsection.

(9)

All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any existing residence zoning district. In the event the zoning classification of any land within 500 feet of such equipment or machinery shall be changed to a residential classification 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 adjacent to said residence district. A fence of not less than six feet in height shall be erected around the periphery of the area being excavated. Fences shall be adequate to prevent trespass.

(10)

All areas within a quarry 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 natural.

(11)

The applicant shall submit a plan for the use of the property during mining operations at the time of application for the permit. The plan shall provide the following information:

a.

Boundary lines of the property; dimensions and bearings of the property lines, correlated with the legal description;

b.

Aerial photo, showing property and adjacent areas, location and outline of wooded areas, streams, marshes, and other natural features;

c.

Existing site improvements, such as buildings, drives, wells, and drainfields;

d.

Existing topography at contour intervals of two feet;

e.

Extent of future mining areas and depth thereof;

f.

Location and nature of structures and stationary equipment to be located on the site during mining operations;

g.

Location and description of soil types;

h.

An estimate of the kind and amount of material to be withdrawn from the site and the expected termination date of mining operations;

i.

Description of all operations to be conducted on the premises, such as, but not limited to, digging, sorting, and washing operations, and the type, size, and nature of equipment to be used with each operation;

j.

Location and width of drives, sight distances; land widenings on public roads at intersections of same with drives;

k.

Tree areas and other natural features to be retained;

l.

Description of pollution and erosion control measures;

m.

Certified statement by a qualified engineer, with supporting data and analyses, concerning expected impact on the water table and water supply wells in the vicinity of the site; and

n.

Map showing truck routes to and from the site.

(12)

The applicant shall file a plan for restoring the site to a safe, attractive, and usable condition. The plan shall be filed with the application for the conditional use permit and shall provide the following information:

a.

Boundary lines of the property, dimensions and bearings of the property lines, correlated with the legal description;

b.

Location and extent of all natural features to be retained during mining operations;

c.

Contour lines at intervals of two feet of the proposed restored surface, clearly showing connection to existing undisturbed contour lines;

d.

Schedule and areas of progressive rehabilitation;

e.

Proposed ground cover and other plantings to stabilize the soil surface and to beautify the restored area;

f.

Sketch plan of the proposed use of the site when restored; and

g.

Description of methods and materials to be used in restoring the site.

(13)

The applicant shall provide security deposits, in the form and amounts recommended by the township board and acceptable to the planning commission, to guarantee restoration of the site and to cover the costs of the township engineer in certifying conformance.

(14)

The applicant shall provide a security deposit, when required by the township planning commission, to maintain and replace public roads traversed by trucks associated with the mining operation. The security shall be deposited with the county road commission in the form and amount required by the road commission.

(Ord. of 7-22-2013, § 60.03)

State Law reference— Soil conservation, erosion and sedimentation control, MCL 324.9101 et seq.

Except as otherwise provided in this chapter, the following regulations shall govern the storage of materials:

(1)

The location or storage of abandoned, discarded, unused, unusable, or inoperative appliances, furniture, equipment, or materials (but not including inoperative vehicles), shall be regulated as follows, except for junkyards, in which case the regulations set forth in section 36-713 shall apply.

(2)

On any lot or parcel in any recreation-conservation or agriculture district, unless in conjunction with an approved use, all commercially produced products and/or materials, or equipment and machinery, whether operative or inoperative, must be stored within a completely enclosed building. Bona fide farm operations shall not be subject to storing bona fide farm equipment and/or material within enclosed buildings when part of an on going farming operation.

a.

On any lot or parcel in any recreation-conservation, agriculture, residential, office, or commercial district, the owner or tenant shall locate and store such materials within a completely enclosed building. Such storage shall be for future transfer to other premises and shall not be for the purpose of hire or sale.

b.

On any lot or parcel in any industrial district, the owner or tenant shall locate and store such materials:

1.

Within a completely enclosed building, where required; or

2.

Where outdoor storage is permitted, 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 said districts. Such storage shall be for future transfer to other premises and shall not be for the purpose of hire or sale.

(3)

Dumpsters, trash and refuse enclosures. All areas used for the storage of trash, recycling, and other waste products or materials associated with a business, industrial, other nonresidential, or multiple-family residential use, shall be completely screened from view. The following standards shall apply to all such trash enclosures:

a.

Enclosures shall be constructed of decorative masonry materials similar to the buildings to which they are accessory. If constructed primarily of brick, the enclosure walls shall be topped with a limestone or similar-looking material cap to provide a finished appearance. If constructed of concrete block, the block shall be split-face, or other decorative finish.

b.

Enclosures shall be at least six feet but not more than eight feet high and shall obscure all waste and/or containers placed within said enclosure.

c.

Enclosures shall have an obscuring gate which forms a complete visual barrier the same height as that of the other three sides. The gates must be constructed of treated wood, aluminum or high-quality vinyl that has reinforced steel supports to prevent the door from sagging.

d.

Chain link gates with or without slats or other similar type of gates are prohibited.

e.

No enclosures are permitted within a front yard setback or street-side side yard setback. Dumpsters shall not be located in front of the front building line. Enclosures shall be set back a minimum of 15 feet from any residential district.

f.

All dumpsters and the truck maneuvering area immediately in front of the dumpster shall be located on a minimum eight-inch concrete pad.

g.

Bollards shall be placed where necessary to protect walls.

h.

All dumpster enclosures, pads and gates shall be perpetually maintained in good condition by the owner of the property on which it is located.

(4)

Outdoor storage of products, materials, and equipment, except vehicles owned and operated by the principal business or in conjunction with a licensed vehicle sales lot, shall be subject to the following regulations:

a.

Such storage shall not be located within the area between the front face of the building, as extended across the entire width of the lot, and the street right-of-way (except where permitted by the planning commission in the front yard adjacent to US-23); in any required yard setback area; or in any required transition strip.

b.

Such storage shall not be located in any required parking or loading space.

c.

Such storage shall be strictly and clearly incidental to the principal use and only products and materials owned or produced by the principal business, and equipment owned and operated by the principal use, shall be permitted for storage under this subsection. Such storage shall not be permitted as a principal use of a lot.

d.

The area for such storage shall be screened from view on all sides by a staggered double row of evergreen trees at least eight feet in height and spaced 15 feet on center at the time of planting. The species of evergreen tree species must meet the requirements of section 36-722(n)(1). As the evergreen trees mature, a screen of six feet in height shall be maintained, which shall include replacing dead or dying evergreen trees, planting additional evergreen trees where needed, or planting large evergreen shrubs (see section 36-722(n)(5)) where the bottom branches of evergreen trees have been removed or do not create the required screen. The landscape plan meeting the requirements of this subsection must be prepared by a registered landscape architect. The planning commission may also require an opaque fence or masonry wall of six feet in height or the height of materials stored, whichever is higher, to be constructed around the perimeter of the outdoor storage areas. Wire fences with inserted strips of metal, plastic and similar materials shall not be permitted as acceptable screening. The planning commission may waive or modify the evergreen screening requirements where there is existing vegetation that can be used to fulfill or supplement the requirements of this subsection.

e.

The location and size of areas for such storage, nature of items to be stored therein, and details of the enclosure, including description of materials, height, and typical elevation of the enclosure, shall be provided as part of site plan review. The planning commission may limit the height of materials stored based on the nature of the materials, adjacent land uses and zoning districts, visibility, and impact on public health, safety, and general welfare.

(Ord. of 7-22-2013, § 60.04; Ord. No. 17-53, § 15, 2-14-2017; Ord. No. 24-92, § 1, 6-11-2024)

(a)

Operative or inoperative automotive vehicles or trailers of any kind or type which are unlicensed shall not be parked or stored in any recreation-conservation, agriculture, residential, office, or RTM zoning district other than in completely enclosed buildings.

(b)

Operative or inoperative automotive vehicles or trailers of any kind or type which are unlicensed shall be parked or stored in a commercial or industrial zoning district only in conjunction with an approved use and according to the regulations of section 36-701(3), except for junkyards, which are regulated by section 36-713.

(c)

Parking or storage of semitrailers, except semitrailers owned and operated by the principal use of the lot, shall be prohibited on a lot in a commercial, office, or planned unit development zoning district, for a period of more than 24 hours in a month.

(d)

Storage of products, materials, or equipment in inoperative semitrailers shall be prohibited in any zoning district.

(e)

Sales of products, merchandise, or other materials from semitrailers shall be prohibited in any zoning district.

(f)

Operative or inoperative automotive vehicles of any kind or type which are licensed and operated by the principal use of the lot shall be parked or stored in delineated storage areas which were delineated on the approved site plan for the use.

(g)

Operative or inoperative automotive vehicles of any kind or type which are licensed and being stored by the principal use of the lot shall be parked or stored only in conjunction with an approved use and according to the regulations of section 36-701(3).

(Ord. of 7-22-2013, § 60.05)

Recreation vehicles, boats and boat trailers, snowmobiles, trail cycles, all-terrain vehicles, and similar equipment, and trailers, cases, and boxes used for transporting recreational equipment, whether occupied by such equipment or not, shall not be parked or stored in front of the front building line or any vacant lot in a residence district; provided, however, that such equipment may be parked anywhere in a driveway or parking area on residential premises for a period not to exceed 72 hours during loading or unloading. Such equipment shall not be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use. Storage of such equipment, when permitted in a commercial district as a principal use of a lot, shall be located behind all required lot lines with all required yards to be landscaped and properly and regularly maintained. The storage area shall have a gravel or paved surface, treated regularly to prevent erosion and blowing of dust. The storage area shall be fenced for security purposes, by at least a six-foot-high cyclone-type fence.

(Ord. of 7-22-2013, § 60.06)

The following provisions shall apply:

(1)

In any zoning district, no river, stream, watercourse or drainage way, whether filled or partly filled with water or dry in certain seasons, shall be obstructed or altered in any way, at any time, by any person, except when done in conformance with state and federal law and standards.

(2)

No person shall alter, change, transform or otherwise vary the edge, bank, or shore of any lake, river, or stream except as provided in part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.).

(3)

In any zoning district, except the agriculture district, no living tree in any woodlot, grove, bush, park, wooded area or forested land shall be removed except for the following:

a.

Diseased, weak, wind blown and disfigured trees.

b.

Trees that may be within an area designated specifically for buildings, structures, streets and driveways.

c.

If any living tree other than specified above is proposed to be removed by any person, such person shall submit to the planning commission a site plan and required data, exhibits, and information as required in article XXVIII of this chapter.

(4)

No building, structure, street, parking area or driveway shall be erected, constructed or placed on any land area having a slope of 20 percent or greater.

(Ord. of 7-22-2013, § 60.07)

(a)

Prior to the commencement of construction of any structure, building, or any land alteration on a site in any zoning district that contains a wetland regulated by the Michigan Department of Environmental Quality (MDEQ), or such property abuts, adjoins, or is adjacent to a wetland regulated by (MDEQ), a wetland buffer shall be established. The intent and purpose of the wetland buffer is to protect and preserve the existence of MDEQ regulated wetlands and to prevent their pollution or contamination; minimize their disturbance and disturbance to the natural habitat therein; and prevent damage from erosion, siltation, and flooding.

(b)

The buffer shall be regulated in the following manner:

(1)

A buffer of 50 feet shall be applied to those wetlands regulated by the MDNR. The buffer shall be measured outward 50 feet from the determined edge of a wetland.

(2)

The wetland buffer shall remain undisturbed and in its natural condition.

(Ord. of 7-22-2013, § 60.08)

State Law reference— Wetlands protection, MCL 324.30301 et seq.

(a)

Prior to the commencement of construction of any structure or building in a commercial district or industrial district where such property abuts, adjoins, or is adjacent to a residential zone, a transition strip shall be established. Where permitted, a decorative wood screen or four to six feet high masonry wall may be substituted for the transition strip if the planning commission determines that such screen or wall will equal the performance of the transition strip and where such lot is too limited in dimension or area to reasonably permit the installation of such strip.

(b)

A hedge may also be substituted for a transition strip; provided that it will obtain a height of at least three feet at the end of the first growing season, and if the planning commission determines that such hedge will equal the performance of the transition strip. A screen, wall, hedge, or strip shall be adequately maintained at all times.

(c)

A transition strip shall be landscaped with living plant materials, which shall be completed within six months from the date of issuance of a certificate of occupancy and shall thereafter be maintained with permanent plant materials. Specifications for spacing and plant materials are shown below. Materials to be used are merely suggestions and shall not be limiting; provided their equal in characteristics is used.

(d)

Spacing.

(1)

Plant materials shall not be placed closer than three feet from the fence line or property line.

(2)

Where plant materials are planted in two or more rows, planting shall be staggered in rows.

(3)

Evergreen trees shall be planted not more than 30 feet on centers.

(4)

Narrow evergreens shall be planted not more than three feet on centers.

(5)

Deciduous trees shall be planted not more than 30 feet on centers.

(6)

Tree-like shrubs shall be planted not more than ten feet on centers.

(7)

Large deciduous shrubs shall be planted not more than four feet on centers.

(e)

Trees not permitted.

(1)

Box Elder.

(2)

Soft Maple.

(3)

Elms (American).

(4)

Poplar.

(5)

Ailunthus (Tree of Heaven).

(6)

Willow.

(f)

A bond or cash of an amount equal to $5.00 per linear foot of required greenbelt shall be deposited with the township clerk until such time as the greenbelt is planted. In the event that weather or seasonal conditions prevent transplanting, the petitioner shall be granted six months from the date of issuance of certificate of occupancy to install said greenbelt or the township shall be authorized to use said funds to install said greenbelt.

(g)

In all cases, however, the township shall be authorized to withhold ten percent of bond or cash for a period of two years from date of issuance to ensure that dead or dying nursery stock shall be replaced. Excess funds, if any, shall be returned to the depositor upon completion of the two-year period. It shall be the responsibility of the property owner to maintain the greenbelt for its original intent and purpose.

(Ord. of 7-22-2013, § 60.09)

(a)

Dumping of soil, sand, clay, gravel or similar material. No filling, dumping, removal, adjusting or balancing of land by reason of which the existing topography of the land is altered, shaped or changed shall be allowed without a permit from the zoning administrator within any zoning district of the township, except in the following permitted instances:

(1)

The amount of material utilized for filling, dumping, removal, adjusting or balancing, whether obtained on the land involved or from outside the premises, does not:

a.

Exceed 300 cubic yards;

b.

Exceed one acre in area;

c.

Is not less than 500 feet from a lake or stream; or

d.

That the material is composed only of gravel, clay, natural rock, earth, or topsoil.

Any land balancing shall take in such a manner as will not adversely affect the existing use or occupancy of abutting lands and the normal development thereof and will not impair, obstruct, divert or change any drain, creek, river or other watercourse on the land involved or any abutting lands, and will not encroach or occur upon the floor area or plain thereof.

(2)

The filling, dumping, removal, adjusting or balancing occurs pursuant to a site plan or plat which has been approved in accordance with the township ordinances.

(3)

The filling, dumping, removal, adjusting or balancing occurs pursuant to a land filling permit issued by the zoning administrator in conformity with the procedures contained herein.

(b)

Dumping of waste, junk, or similar material. The use of land for the storage, collection or accumulation of used construction materials, or for the dumping or disposal of junk, offal, refuse, ash, garbage, rubbish, waste material, including construction materials such as asphalt, or industrial byproducts, shall not be permitted in any district, except in conformity with township regulations.

(c)

Excavation. The excavation or continued existence of unprotected holes, pits, or wells which constitute or are reasonably likely to constitute a danger or menace to the public health, safety, and welfare is prohibited; provided, however, that this restriction shall not apply to excavations for which a permit has been acquired, provided such excavations are properly protected. Excavations which may be permitted if proper permits are acquired include excavation related to construction of a driveway, walk, a permitted wall, or building or part thereof, or movement of soil within the boundaries of a parcel for the purposes of preparing a site for building construction or another permitted use.

(d)

Application and procedure for filling permit.

(1)

The owner of premises may apply to the zoning administrator for a filling permit, upon such forms as may be designated by the zoning administrator and payment of such fees as the township board may set by resolution, in the following manner: An application to the zoning administrator shall contain the following information:

a.

Names and address of owner of the premises and type of ownership.

b.

Legal description of the premises.

c.

Name and address of owners of adjacent premises.

d.

Written description of the nature of the proposed filling, dumping, removal, adjusting or balancing to be undertaken, including the quantity of fill or removal and the composition of same.

e.

A scale drawing of the premises designating property lines and dimensions; adjacent public roads, drains, creeks, rivers or other watercourses and the flood area or floodplain thereof on the premises and on adjacent premises; landmarks and topographical features of the premises; and areas to be filled or subject to removal.

f.

Statement of intended land use for the premises following the completion of the filling or removal and the expected time needed to complete the filling or removal.

g.

A copy of erosion permit from the county erosion enforcement officer shall be submitted to the zoning administrator prior to approval of the filling permit as required.

(2)

The zoning administrator will consider the filling application and determine whether the proposed filling or removal shall be granted approval. In determining the same, the zoning administrator shall consider the impact of the filling or removal on existing water drainage, detention, retention, floodplain, flood area and flow, the prevention of water pollution and sedimentation, the prevention of wind erosion, wind blown dust, the composition and compaction qualities of the fill, the provision for ground cover and any impacts on adjacent neighboring premises.

(3)

The zoning administrator shall keep a record of all filling permits. Failure to comply with the terms and conditions of the filling permit shall be subject to section 36-979.

(Ord. of 7-22-2013, § 60.10)

The following regulations shall apply to operations designed for composting of organic materials and/or conversion of sewage or sludge into usable or saleable products:

(1)

Design and operation standards. Any such use shall conform to current standards established by the U.S. Environmental Protection Agency, the U.S. Department of Agriculture, the state department of natural resources, and other regulatory agencies.

(2)

Environmental impact statement. An environmental impact statement shall be prepared for all commercial operations to assess the developmental, ecological, social, economic, and physical impact of the proposed development on and surrounding the development site, and to determine if the proposed use will be in compliance with regulations herein. This section shall not apply to composting of common household materials generated on individual sites or common agricultural practices within agriculturally zoned areas. The environmental impact statement shall include, but not be limited to, the following:

a.

Water, noise, and air pollution associated with the proposed use.

b.

Effect of the proposed use on public utilities.

c.

Displacement of people and other land uses by the proposed use.

d.

Alteration of the character of the area by the proposed use.

e.

Effect of the proposed use on the township's tax base and adjacent property values.

f.

Compatibility of the proposed use with existing topography, and topographic alterations required.

g.

Impact of the proposed use on surface water and groundwater.

h.

Operating characteristics and standards of the proposed use.

i.

Proposed screening and other visual controls.

j.

Impact of the proposed use on traffic.

k.

Impact of the proposed use on flora and fauna.

l.

Negative short-term and long-term impacts, including duration and frequency of such impacts, and measures proposed to mitigate such impacts.

(Ord. of 7-22-2013, § 60.11)

(a)

Approval required. Pursuant to authority conferred by section 141 of the condominium act (MCL 559.241), preliminary and final site plans for all site condominiums shall be approved by the planning commission.

(b)

General requirements.

(1)

No permits for building construction, grading, or installation of public water or sanitary sewerage facilities shall be issued for property in a site condominium development until a final site plan has been approved by the township planning commission and is in effect. However, the planning commission may, with appropriate conditions attached, authorize permits for grading on the basis of the approved preliminary site plan and for the purpose of tests and investigations necessary for the completion of the final site plan. This requirement shall include contractible, conversion and expandable condominiums.

(2)

If a building, structure, or use to be placed on a condominium lot requires site plan approval under section 36-864, a site plan for that building, structure or use shall be approved in accordance with article XXVII of this chapter, before a certificate of zoning compliance may be issued.

(3)

The planning commission shall have the authority to review and approve or deny preliminary site plans for site condominiums in accordance with article XXVIII of this chapter, the condominium act, and other ordinances and standards for review deemed appropriate by the planning commission. Preliminary and final site plans shall not be combined for site condominium projects.

(4)

If the planning commission grants preliminary site plan approval it shall transmit one copy of the preliminary plan to the subdivision advisory committee and it shall transmit information to the superintendent of schools of the school district in which the subdivision is to be located.

(5)

The planning commission shall have the authority to review and approve or deny final site plans for site condominiums in accordance with article XXVIII of this chapter, the condominium act, and other ordinances and standards for review deemed appropriate by the planning commission. The planning commission shall review the plan for compliance with the standards of this chapter, the condominium act, and all applicable federal, state, and local laws. The comments of the subdivision advisory council and the school district shall be considered by the planning commission when reviewing the final site plan.

(6)

A dimensionally stable copy of the as-built drawings shall be submitted to the township clerk and a second dimensionally stable copy shall be recorded with the county register of deeds.

(7)

Each condominium unit shall be located within a zoning district that permits the proposed use.

(8)

For the purposes of this chapter, each condominium unit shall be considered equivalent to a single lot and shall comply with all regulations of the zoning district in which located. In the case of a site condominium containing single-family detached dwelling units, not more than one dwelling unit shall be located on a condominium lot, nor shall a dwelling unit be located on a condominium lot with any other principal structure or use except in a PUD district. Required yards shall be measured from the boundaries of a condominium lot. Lot coverage and floor area ratio shall be calculated using the land area of the condominium lot.

(9)

Each condominium unit shall be connected to the township's water and sanitary sewer facilities where available, or shall have a well, septic tank, and drainfield approved by the county health department where township water and sanitary sewer services are not available. The well, septic tank and drainfield serving a condominium unit shall be located within that unit, as described in the master deed, except in a PUD district, in which case this requirement may be waived by the township board as part of its approval of the PUD district rezoning petition.

(10)

Relocation of boundaries between adjoining condominium units, if permitted in the condominium documents, as provided in the condominium act, shall comply with all regulations of the zoning district in which located and shall be approved by the zoning administrator. These requirements shall be recorded as part of the master deed.

(11)

Each condominium lot that results from a subdivision of another condominium lot, if such subdivision is permitted by the condominium documents, as provided in the condominium act, shall comply with all regulations of the zoning district in which located and shall be approved by the zoning administrator. These requirements shall be recorded as part of the master deed.

(12)

All information required by this chapter shall be updated and furnished to the zoning administrator until applicable certificates of zoning compliance have been issued, as provided in section 36-973.

(c)

Preliminary site plan requirements.

(1)

A preliminary site plan shall be filed for approval at the time the notice of proposed action is filed with the township.

(2)

The preliminary site plan shall include all land that the developer intends to include in the site condominium project.

(3)

The preliminary site plan shall include all information required in section 36-865, except that, in the case of a development that consists only of condominium lots and not buildings or other structures at the time of plan review, the location and dimensions of the condominium lots rather than individual buildings or other structures and required yards shall be shown on the preliminary site plan.

(d)

Final site plan requirements.

(1)

A final site plan shall be filed for review for each phase of development shown on the approved preliminary site plan.

(2)

A final site plan for any phase of development shall not be filed for review by the planning commission unless a preliminary site plan has been approved by the planning commission and is in effect.

(3)

A final site plan shall include all information required by the condominium act, and the master deed and bylaws. The final site plan shall also include all information required in section 36-866, except in the case of a development that consists only of condominium lots rather than buildings or other structures at the time of plan review, the location and dimension of condominium lots rather than individual buildings or other structures and required yards, shall be shown on the site plan.

(4)

The applicant shall provide proof of approvals by all county and state agencies having jurisdiction over improvements in the site condominium development, including, but not limited to, the county road commission, county drain commissioner, county health department, and the state department of natural resources. The planning commission shall not approve a final site plan until each county or state agency having such jurisdiction has approved that portion of the final site plan that is subject to its jurisdiction.

(e)

Revision of condominium subdivision plan. If the condominium subdivision plan is revised, the final site plan shall be revised accordingly and submitted for review and approval or denial by the planning commission before any building permit may be issued, where such permit is required.

(f)

Amendment of master deed or bylaws. Any amendment to a master deed or bylaws that affects the approved preliminary or final site plan, or any conditions of approval of a preliminary or final site plan, shall be reviewed and approved by the planning commission before any building permit may be issued, where such permit is required. The planning commission may require its review of an amended site plan if, in its opinion, such changes in the master deed or bylaws require corresponding changes in the approved site plan.

(g)

Design and development standards.

(1)

Generally. The standards set forth in this section shall be considered minimum requirements. Where the adopted general development plan requires high standards, such higher standards shall apply. Variances from the standards set forth in this section shall be considered according to the standards of article XXX of this chapter.

(2)

Streets.

a.

Street layout.

1.

Street layout shall conform to the adopted general development plan or portion thereof relating to streets. Public streets shall be developed to the standards of the county road commission. Private streets shall be developed to the standards of section 36-719. The arrangement of streets in the development shall provide for the construction of streets in adjacent developments where such extension is not precluded by topographic or other existing conditions. The layout shall provide for proper projection of streets into adjoining properties not yet developed.

2.

Local streets shall be laid out so as to discourage their use by through traffic.

3.

Streets shall be arranged in proper relation to topography so as to result in usable lots, safe streets, and reasonable grades, both for the streets and for driveways intersecting therewith.

4.

All street construction shall be centered in the street right-of-way. Section line and quarter line roads shall be centered on these lines unless the township engineer or county road commission approves an exception.

b.

Drainage. All streets shall be provided with facilities for adequate surface drainage. Storm drains shall be underground and only curb-type design shall be permitted. Exceptions may be made for subdivisions in which each single-family dwelling lot is one acre or larger in area and has a minimum road frontage of 150 feet.

c.

Alleys. Alleys shall be prohibited, except in commercial and industrial developments. Where alleys are provided they shall be at least 30 feet wide. Dead-end alleys shall be prohibited. Alleys shall be provided in accordance with standards of the county road commission.

d.

Marginal access streets. Where marginal access streets are required, the proprietor shall dedicate property for the purpose of marginal access streets to the county road commission and shall be responsible for improving said streets according to county road commission standards. A landscaped strip at least 20 feet wide shall be provided between a marginal access street and the adjacent street.

e.

Other required streets. Where a development borders or contains a railroad right-of-way or limited access highway right-of-way, the planning commission may require a street approximately parallel to and on one or both sides of such right-of-way, at a distance suitable for the appropriate use of the intervening land. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

f.

Special treatment along major streets. When a development abuts or contains an existing or proposed arterial or collector street, the planning commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along with rear property line, or such other treatment as might be necessary for adequate protection of residential properties, to afford separation of through and local traffic, and to retain the traffic carrying capacity of the arterial or collector streets.

g.

Street names and house numbers. Street names shall be approved by the post master with jurisdiction and reviewed by county emergency response. Generally, no street should change direction by more than 90 degrees without a change in street name. Streets shall have names and not numbers or letters.

h.

Location for utilities. Utilities shall be located so as to best conform to the layout of existing facilities.

i.

Street standards and specifications. Streets shall be provided in accordance with applicable standards and specifications and shall include turn, merge, and bypass lanes as the planning commission deems necessary.

(3)

Blocks. Blocks generally shall not be less than 500 feet or more than 1,320 feet in length, as measured from the centerlines of streets. No block width shall be less than twice the normal lot depth except where lots back onto a major street, natural feature, or development boundary. In blocks exceeding 800 feet in length, the planning commission may require reservation of an easement through the block to provide for the crossing of underground utilities and/or pedestrian traffic where needed or desirable, and may specify further, at its discretion, that a paved foot path be provided by the proprietor. Blocks intended for nonresidential uses shall be especially designed for such purposes, and in accordance with chapter provisions. In such cases, the above dimensions do not apply.

(4)

Lots.

a.

Dimensions.

1.

Lots shall conform to the requirements of this chapter except for outlots that are provided for an indicated and approved purpose.

2.

Corner lots shall have extra width to permit appropriate building setback. Lots abutting a pedestrian mid-block crosswalk or other right-of-way shall be treated as corner lots.

3.

Residential lots shall not open or face directly onto a freeway right-of-way, an arterial or collector street, shopping centers, industrial districts or parks, and other similar nonresidential uses. In such situations, lots shall be laid out in one of the following ways:

(i)

Lots may back onto the above features, but shall be separate therefrom by a 20-foot-wide landscaped strip along the rear property line. The 20-foot-wide strip shall not be considered part of the lot's minimum length, width, or area, but shall be considered part of the contiguous lot.

(ii)

Lots may face onto a marginal access street.

(iii)

Lots may face onto intersecting local streets with driveways opening onto the intersecting local streets. The corner lots which abut the major street right-of-way or the nonresidential area shall each have the landscape strip as required in subsection 4.a(i) of this section.

(iv)

Lots may be grouped around cul-de-sac or loop streets which open onto the major street. In such situations, the corner lots abutting the major street right-of-way shall each contain the landscaped strip required in section 4.a(i) of this section.

Any landscaped strip required above shall not be part of the normal road right-of-way or utility easement.

b.

Lot frontage.

1.

Lots extending through a block are generally prohibited except where they back onto a freeway right-of-way, an arterial or collector street, a shopping center, an industrial district, a park, or other similar nonresidential area.

2.

All lots shall abut, by their full frontage, on a public or private street.

c.

Lot lines. Side lot lines shall generally be perpendicular to the right-of-way lines or radial to curved streets. All side and rear lot lines should be straight lines unless natural features or street curvature so prevent. Variations in these provisions may be made when, in the opinion of the planning commission, such variation would result in a better arrangement of lots.

d.

Lots to be buildable.

1.

The lot arrangement shall be such that in constructing a building in compliance with the chapter, topography or other natural conditions will not create difficulties in locating the building and driveway and in providing adequate yard areas. Acute angles created by side lot lines and odd shaped lots should be avoided.

2.

The size, shape, and location of each lot shall have the following characteristics:

(i)

A suitable site for placing a house without excess grading;

(ii)

A usable area for outdoor living and other outdoor activities;

(iii)

Adequate surface drainage away from the house site and outdoor living areas;

(iv)

Reasonable driveway grades; and

(v)

General site grading should be minimized with significant trees and other vegetation retained.

e.

Access. Driveways and curbcuts shall conform to standards of the county road commission and the standards of all township ordinances. The curb section of driveways and aprons shall be designed so that excessive breakover angle and vehicle dragging will be eliminated.

f.

Reserve strips. Privately held reserve strips controlling access to streets shall be prohibited, except as provided in subsection (g)(2)i of this section.

g.

Nonresidential lots. Lots intended for uses other than residential shall be identified on the plan, and shall be specifically designed for such uses, in accordance with provisions of this chapter.

(5)

Pedestrian ways and sidewalks.

a.

Pedestrian ways, other than sidewalks in street rights-of-way, shall be at least 20 feet wide, when required. The planning commission may require a paved walkway to be provided by the proprietor. The pedestrian way shall be treated as an easement.

b.

Sidewalks are required on both sides of a street or one side of a street, depending upon the density of and location of the development, or, in very low density developments (one acre or larger lots), may be excepted entirely, according to the discretion of the planning commission. Street rights-of-way shall be sufficient to provide for sidewalks on both sides of the street, except in cluster subdivisions, or planned unit developments, where variations may be permitted. Streets leading directly to a school shall have sidewalks on both sides of the streets.

c.

Sidewalks shall be developed and placed in compliance with MDOT standards and the review of the township engineer.

(6)

Natural features. The development shall, wherever possible, preserve natural features which add value to the proposed development and to the community at large, such as large trees or groves of trees, watercourses, vistas, historic spots and features, wildlife habitats and ecological areas. The location, nature, and extent of such features shall be identified on the preliminary plat. The preservation and/or inclusion of such features may be made a condition of approval of the development.

(7)

Uninhabitable areas. Lands subject to flooding or otherwise deemed uninhabitable in their natural state shall not be developed for residential use, or for any other use that might create a danger to health, safety, or property, or which might increase the flood hazard within or outside the subdivision. Such lands shall be set aside for recreational use or shall be retained in their natural state as open space. Any areas of land within the proposed development which lie either wholly or partly within the floodplain of a river, stream, creek, or lake, or any other areas which are subject to flooding by stormwater shall be clearly shown on the preliminary and final site plan.

(8)

Utilities.

a.

Storm drainage.

1.

All developments shall adequately provide for stormwater runoff. The stormwater drainage system shall be separate and independent of any sanitary sewer system. A copy of design computations shall be submitted with drainage plans. All drainage improvements shall conform to the standards of the drain commissioner and the township.

2.

Adequate provisions shall be made for proper drainage of stormwater runoff from individual lots. Drainage easements may be required to ensure proper drainage. The township may require that catchbasins be provided in said easements, and may require that drainage tile be provided for easement drainage. The depth, grade and outlet for said tile shall be subject to approval by the township engineer.

3.

Where a development is traversed by a watercourse, drainage way, channel, or stream, a stormwater easement or drainage right-of-way shall be provided, conforming substantially to the lines of such watercourse, and to the standards of the county drain commissioner. Wherever possible, drainage should be provided by an open channel with landscape banks and adequate width for maximum potential flow. Existing drainage ways may be rechanneled but such rechanneling shall not increase the rate or level of flow, or cause impoundment of water within the proposed subdivision, or on properties upstream or downstream therefrom. Exceptions may be made if such changes conform to an overall drainage plan for the drainage district.

4.

Where topography or other conditions make inclusion of drainage facilities within road rights-of-way impractical, perpetual unobstructed easements at least 15 feet in width for such drainage facilities shall be provided across property outside the road lines, and with satisfactory access to the road. Easements shall be indicated on the site plan. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities. Such easements shall be placed so as not to interfere with the use of lots. If a proposed drainage system will carry water across private land outside the development, appropriate drainage rights shall be secured.

5.

Low-lying lands along watercourses subject to flooding during storm periods, whether or not included in areas for dedication, shall be preserved and retained in a natural state as drainage ways. Such lands shall not be utilized in computing the area requirement of any lot.

6.

All natural water drainage ways and impoundment areas shall be preserved at their natural gradient and shall not filled or interfered with in any way, except as approved by the county drain commissioner. If, in the judgment of the drain commissioner, a natural water drainage way or impoundment area should be reserved, a storm drainage easement acceptable to the drain commissioner shall be provided.

7.

The proprietor may be required to carry away any spring or surface water that might exist either previous to, or as a result of, the development, by pipe or open ditch, in appropriate easements.

8.

A culvert or other drainage facility in a proposed subdivision shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether that area is inside or outside the development. The design and size of the facility shall be reviewed and recommended for approval by the township engineer.

9.

The effect of the subdivision on existing downstream drainage facilities outside the development shall be reviewed by the proprietor with the county drain commissioner. Where it is anticipated that the additional runoff resulting from development of the subdivision will overload an existing downstream drainage facility during a ten-year or larger storm, the planning commission shall not approve the development until adequate provision has been made for resolving downstream drainage problems.

10.

Stormwater basins may be required in order to control the discharge of stormwater from a proposed development. Design criteria and engineering plans for basins shall be subject to approval by the township engineer.

b.

Water supply facilities. Water supply facilities shall be designed and located according to the specifications and procedural requirements of the state department of public health. On-site services and private water systems shall be designed according to requirements of the county health department.

c.

Sanitary sewerage facilities.

1.

Where public sanitary sewerage facilities are available, sewers shall be installed to serve each lot.

2.

All sanitary sewer facilities shall be designed and constructed in accordance with the rules, regulations, and standards of the township.

3.

Each lot in a development which is served by public sanitary sewers shall be connected to a sanitary sewer line before occupancy of that lot shall be permitted.

4.

If sanitary sewerage facilities are not available, minimum lot sizes shall conform to requirements of the county health department. In no case shall the minimum lot size be less than that required by the zoning district in which located. The individual disposal system shall be approved by the county health department.

d.

Gas, wire, and cable utilities.

1.

All lines for telephone, electrical, television, and other services distributed by wire or cable shall be placed underground throughout the development. Overhead lines may be permitted upon approval by the planning commission at the time of preliminary site plan approval where it is determined that such lines will not impair the health, safety, general welfare, design, appearance, and character of the subdivision, and only where such overhead lines are brought to the perimeter of the subdivision. This section shall not be construed to prohibit the construction above ground of surface equipment associated with an underground distribution system, such as, but not limited to, surface-mounted transformers, power terminal pedestals, meters and meter boxes, concealed wires, street lights and street light poles.

2.

All facilities, including those for gas distribution, shall be installed in accordance with standards and specifications of the state public service commission. The layout of such facilities shall be submitted to the utility companies having jurisdiction in the area for their review before filing for final approval of the plan. All said utilities placed in public rights-of-way shall not conflict with other underground lines. Easements shall be provided in accordance with subsection (g)(9) of this section.

(9)

Easements. All underground public utility installations which traverse privately owned property shall be protected by easements granted by the proprietor and approved by the public utility. Such easements shall be so located as to not interfere with the use of any lot or other part of the subdivision. The size of, and restriction pertaining to, such easements shall be in accordance with the standards and specifications of the agency having jurisdiction over the utility lines and the subdivision control act, and shall be indicated on the site plan submitted for preliminary approval.

(10)

Reservation of public use areas.

a.

Where a proposed park, playground, open spaces, public school, library or other public use area shown in the adopted general development plan, or in an adopted applicable part of such plan, is located, in whole or in part, in a proposed development, such areas shall be shown on the site plan. Such areas may be dedicated to the township or other applicable public agency by the proprietor if the township board or other applicable public agency approves such dedication. Such areas, if not dedicated, shall be reserved by the proprietor for future purchase by the township or other appropriate public agency.

b.

The precise nature, location, and extent of the reservation shall be determined prior to final site plan approval by the planning commission. The reservation shall be valid for a period of one year from the date of final approval or such longer period as might be agreed to in writing by the proprietor. Unless during such one-year period or agreed longer period the township or other public agency shall have entered into a contract to purchase the reserved area or instituted condemnation proceedings according to law to acquire the fee simple or a lesser interest in the reserved area, the right to develop the reserved area shall revert to the proprietor at the end of the one-year period or agreed longer period. The reservation shall freeze the price per acre of the reserved area for such one-year period at the average value per acre on the date when the plan was first filed with the clerk. The plan shall include provisions for incorporating the reserved area into the overall development, if said reserved area reverts to the proprietor.

(11)

Mobile home subdivisions.

a.

Where a mobile home development falls within the definition of mobile home condominium project as set forth in the condominium act, said development shall be developed in accordance with the condominium act and this chapter. All provisions of this chapter shall apply except for, or in addition to, the provisions of this section. A mobile home condominium project may also be developed as a planned unit development.

b.

All streets and driveways in the development shall conform to the standards set forth in subsection (g)(2) of this section. There shall be no residential lot access to a collector street within the development; all such access shall be provided by minor residential streets.

c.

Collector street dimensions shall conform to county road commission specifications.

d.

Each lot shall abut and have direct access to a public or private street. Lots should be laid out so as to provide a variety of shapes and sizes and to prevent a monotonous character.

e.

Sidewalks and pedestrian ways shall be provided in accordance with subsection (g)(5) of this section, except that sidewalks along streets may not be required when pedestrian ways provide acceptable alternative means of pedestrian movement.

f.

All lots shall be connected to sanitary sewer and water systems approved by the township. Such facilities shall meet the requirements of this chapter and all other applicable township ordinances and regulations.

g.

Fuel oil and/or gas storage tanks shall be located in an inconspicuous manner either by placing the tanks underground or by enclosing them with a screen of shrubbery.

h.

All fuel lines leading to the subdivision and to mobile home sites shall be underground and so designed as to conform with the state construction code and any state code that is applicable.

i.

When a master television antenna is provided, all lines extended to individual lots shall be underground. Such master antenna shall be so placed as not to be a nuisance to subdivision residents or surrounding areas.

j.

A buffer of trees and shrubs not less than 20 feet in width shall be located and maintained along all boundaries of such development, except at established entrances and exits serving the development. When necessary for health, safety and welfare, a fence shall be required to separate the subdivision from adjacent property.

(12)

Commercial and industrial subdivisions.

a.

Commercial and industrial development which constitute condominium projects as defined in the condominium act, shall conform to the provisions of this chapter, except for modifications provided in this section.

b.

All streets in a commercial development shall be paved, and be designed and constructed to adequately handle truck traffic. Curbside parking and loading shall not be provided for, nor permitted on, any side street. No backing or similar maneuvering of vehicles to enter or leave a parking or loading space shall be permitted or provided for; such movements shall be adequately provided for on each lot. Streets within a development, except major thoroughfares and collector streets, shall be laid out so as to prohibit through traffic. Streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, where applicable, and the provision of truck loading and maneuvering areas, walks and parking area, so as to minimize conflict of movement between the various types of traffic, including pedestrian.

c.

Entry drives for the development shall be located and designed so as not to create congestion or hazardous conditions on public streets serving the subdivision. Driveways from parking and/or loading areas shall intersect streets at a distance from intersections that is large enough to permit safe and convenient maneuvering of vehicles.

d.

The block sizes set forth herein shall not apply. The blocks shall be designed to meet the needs of the uses that will occupy the subdivision. However, block sizes shall meet the requirements of fire protection, snow removal, and other service and emergency vehicles.

e.

Lots shall have access from development or frontage streets, and shall not open directly onto arterial or collector streets.

f.

Sidewalks and/or pedestrian ways shall be provided, except where the planning commission determines that such facilities are not required for the safety and convenience of pedestrians within or around the development.

g.

Buffer strips shall be provided along the perimeter of a commercial or industrial development according to requirements of this chapter. The planning commission may require provision of a fence, wall or screen if it determines such is necessary to protect the adjacent areas from litter, trespass and other nuisances. Any intended future expansion of the development should be shown on the preliminary site plan.

(13)

Planned unit development. Developments in a PUD zoning district may be granted certain variances from this chapter. Such variances are intended to accommodate the site planning, financial, engineering, and other requirements of large, comprehensive developments with associated uses. Such variances may include, but are not limited to, time extensions, flexible schedules for installation of improvements, security requirements for improvements, reductions in minimum lot areas and dimensions, mixtures of residential densities and building types, mixtures of residential and nonresidential structures, and modifications in the design and development standards set forth in this article.

(14)

Soil erosion and sedimentation control. The final site plan shall contain proposed erosion and sedimentation control measures. The measures shall be incorporated into the final construction drawings. Erosion and sedimentation control measures shall conform to adopted standards and specifications.

(15)

Trees.

a.

Trees shall be provided in the margins of both sides of all streets, and shall be placed at the minimum rate of two per single-family residential lot or at a maximum distance apart of 60 feet. Trees may also be required to be installed according to the same distances in pedestrian ways. Trees to be installed in the street margins shall be of the large deciduous type, such as oak, maple, ash or sycamore. However, ornamental trees may be installed in the margin. Both kinds of trees may be provided in pedestrian ways. These requirements may be relaxed by the planning commission if existing trees within the right-of-way or easement, or trees growing adjacent to the right-of-way or easement, satisfy the intent of this chapter.

b.

The following trees are not permitted in the street margins, pedestrian ways, or any other landscaped area required by this chapter: box elder, soft maple, American elm, poplar, ailanthus (tree of heaven) and willow.

c.

All required trees shall be nursery grown and shall be sound and healthy at the time of planting. Root systems shall be balled and wrapped or shall be planted by means which will not disturb the root systems. Required trees shall be protected from damage by wind and other elements; guy wires and ropes, where provided, shall not damage bark or break branches. Trees shall be guaranteed by the proprietor for one full year after planting, with dead or otherwise unacceptable trees to be replaced by the proprietor, at the proprietor's expense, during the guarantee period.

d.

Landscape plans shall be reviewed and recommended for approval by the township consultant.

(16)

Street lights. Street lights, where provided, shall have underground wiring. Light standards shall meet the minimum specifications of the electric utility company serving that area of the proposed subdivision. Where lights are to be provided, they shall be installed prior to the occupancy of structures within the development. Street lights shall be provided in all developments except those of one acre or larger residential lots, and commercial and industrial subdivisions, where their installation shall be at the discretion of the planning commission.

(h)

Development agreement. The planning commission may require, as a condition of approval, that the applicant enter into a development agreement with the township, incorporating therein the terms and conditions of final site plan approval, and record the same in the office of the register of deeds for the county.

(i)

Written authorization. Any application for a building permit for construction to be located in a general common element shall include written authorization for the application by the condominium association.

(j)

Monuments and irons. Monuments shall be set at all boundary corners and deflection points and at all road right-of-way intersections corners and deflection points. Lot irons shall be set at all condominium lot corners and deflection points of condominium lot lines. The township engineer may grant a delay in the setting of required monuments or irons for a reasonable time, but not to exceed one year, on condition that the developer deposit with the township clerk cash, a certified check, or an irrevocable bank letter of credit running to the township, whichever the developer selects, in an amount as determined from time to time by resolution of the township board. Such deposit shall be returned to the developer upon receipt of a certificate by a surveyor registered in the state that the monuments and irons have been set as required, within the time specified. If the developer defaults, the township board shall promptly require a registered surveyor to set the monuments and irons in the ground as shown on the condominium site plans, at a cost not to exceed the amount of the security deposit.

(k)

Rights-of-way. Road rights-of-way shall be described separately from individual condominium lots, and shall be accurately delineated by bearings and distances on the condominium subdivision plan and the final site plan. The right-of-way shall be for roadway purposes and for the purposes of locating, installing, maintaining, and replacing of public utilities. The developer shall dedicate easements to the township for all public water and sanitary sewer lines and appurtenances.

(l)

All improvements to comply with standards. All improvements in a site condominium shall comply with the design specifications as adopted by the township board and any amendments thereto.

(Ord. of 7-22-2013, § 60.12)

(a)

Purpose.

(1)

The purpose of this section is to identify and describe certain uses which are recognized as an impediment to stable growth and development because of their disruptive and deleterious effect on adjacent properties, especially when constructed near residential zones.

(2)

Special control of these uses is necessary to ensure that the adverse effects of these uses will not interfere with the growth and development of the surrounding areas. These special controls are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area (i.e., not more than two such uses within 1,000 feet of each other).

(b)

Restrictions. The establishment of the following kinds of uses is prohibited, if the establishment of any one of the following uses is the third controlled use within a 1,000-foot radius.

(1)

Adult motion picture theater.

(2)

Adult supply store.

(3)

Adult drive-in motion picture theater.

(4)

Adult physical culture establishment.

(5)

Arcades or amusement establishments.

(6)

Cabaret.

(7)

Hotels or motels.

(8)

Pawnshops or collateral loan and/or exchange establishments.

(9)

Pool or billiard halls.

(10)

Public lodging houses.

(11)

Secondhand stores.

(12)

Specially designated distributor's establishment (SDD).

(13)

Specially designated merchant's establishment (SDM).

(c)

Application. Application to establish any of the above-controlled uses shall be made to the zoning administrator, who shall not approve any such application or request if there are already in existence two or more such controlled uses within a radius of 1,000 feet of the outermost boundaries of the lot upon which the proposed controlled use will be situated.

(d)

Waivers. Upon denial of any application for a controlled use under subsection (b) of this section, the applicant may appeal for a waiver of the locational provisions above to the planning commission consistent with the standards set forth below. The planning commission shall waive the locational provisions set forth in subsection (b) of this section, after all the following findings are made:

(1)

The proposed use will not be contrary to any other provision of this chapter or injurious to nearby properties.

(2)

The proposed use will not enlarge or encourage the development of a "skid row" or "strip."

(3)

The establishment of an additional controlled use will not be contrary to, or interfere with, any development program or improvement plan.

(4)

All applicable city, state, or federal laws and/or regulations will be observed.

(e)

Procedure for waiver.

(1)

Prior to granting waiver of the locational restrictions set forth above, the clerk will give notice of the request for waiver as described in article XXXIII of this chapter.

(2)

The notice of application shall inform the recipient of the applicant's name, describe the nature and type of use proposed, indicate the local address, the lot number and subdivision name of the property in question, and provide the section of the chapter under which the proposal is being processed. Said notice shall also invite written comments, statements, or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.

(3)

Said notice of application shall further indicate that a public hearing on the proposed controlled use may be requested by a property owner or occupant, no less than 18 years of age, of a structure located within 300 feet of the boundary of the property being considered for the controlled use. If the applicant or the planning commission requests a public hearing under this section, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau.

(4)

If a public hearing is requested, the zoning administrator shall set a date for a public hearing, and shall notify the township clerk and applicant of the date. The clerk will then give notice of the public hearing as described in article XXXIII of this chapter.

(5)

The notice of application shall inform the recipient of the applicant's name, describe the nature and type of use proposed, indicate the local address, the lot number and subdivision name of the property in question, and provide the section of the chapter under which the proposal is being processed. Said notice shall also invite written comments, statements or opinions, and indicate the place and date upon which written comments concerning the proposed use must be received.

(6)

Said notice of application shall further indicate that a public hearing on the proposed controlled use may be requested by a property owner or occupant, no less than 18 years of age, of a structure located within 300 feet of the boundary of the property being considered for the controlled use. If the applicant or the planning commission requests a public hearing under this section, any interested person may be represented by a person, firm, organization, partnership, corporation, board or bureau.

(f)

Establishment prohibited near schools, residential zone.

(1)

It shall be unlawful to hereafter establish any controlled use listed in subsections (b)(1) through (13) above, if the proposed controlled use will be within a 1,000-foot radius of a planned unit development district (PUD) or agricultural district (AR) primarily devoted to residential use, a residentially zoned district or within a 1,000-foot radius of any church, nursery, primary or secondary school or daycare facility, or public park. This prohibition relative to the establishment of a controlled use near a planned unit development district or agricultural district primarily devoted to residential use or residentially zoned districts shall be waived upon the presentment to the zoning administrator of a validated petition requesting such waiver, signed by at least 51 percent of all those persons owning, residing, or doing business within 1,000 feet of the proposed location. No waivers shall be given to permit a controlled use to locate within a 1,000-foot radius of any church, nursery, primary or secondary school or day care facility, or public park.

(2)

It shall be unlawful to hereafter establish any bar or establishment principally used for the sale of beer, wine or intoxicating liquor for consumption on the premises, including restaurants primarily devoted to serving alcoholic liquors for consumption on the premises and/or providing entertainment if the proposed use will be within a 500-foot radius of a planned unit development district (PUD) or agricultural district (AR) primarily devoted to residential use, a residentially zoned district or within a 500-foot radius of any church, nursery, primary or secondary school or daycare facility.

This prohibition relative to the establishment of a bar use near those districts and uses noted above shall be waived upon the presentment to the zoning administrator of a validated petition requesting such waiver, signed by at least 51 percent of all those persons owning, residing, or doing business within 500 feet of the proposed location.

(3)

The clerk shall adopt rules and regulations governing the procedure for securing any petition of waiver, which may be provided for in this section. The rules shall provide that the circulator of the petition requesting a waiver shall be over 18 years and subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with said rules and that the circulator personally witnessed the signatures on the petition and that the same were affixed to the petition by the person whose name appeared thereon.

(4)

The planning commission shall not consider the waiver of locational requirements until the above-described petition, if required, shall have been filed and verified by the clerk.

(5)

Prior to the granting of approval for the establishment of any controlled use, the planning commission may impose any such conditions or limitations upon the establishment, location, construction, maintenance, or operation of the controlled use as in its judgment may be necessary for the protection of the public interest. Any evidence bond or other performance and guarantee may be required as proof that the conditions stipulated in connection therewith will be fulfilled.

(Ord. of 7-22-2013, § 60.13; Ord. No. 23-87, § 3, 9-12-2023)

A bed and breakfast operation shall comply with the following regulations:

(1)

A bed and breakfast operation shall be permitted only in a single-family detached dwelling unit that is the principal dwelling unit on the property. A dwelling unit containing a bed and breakfast operation shall be the principal residence of the operator and the operator shall live in the principal dwelling unit during the time the bed and breakfast operation is active.

(2)

A dwelling unit containing a bed and breakfast operation shall comply with state regulations for bed and breakfast operations, and applicable fire safety regulations, and shall be regularly maintained so as to remain in compliance with all applicable codes and regulations. The applicant for a conditional use permit shall provide written evidence of inspection and compliance with applicable codes and regulations with an application for a conditional use permit.

(3)

Each sleeping room shall have a minimum floor area of 120 square feet for two occupants, and an additional 30 square feet for each additional occupant. A bed and breakfast shall have ten or fewer sleeping rooms, including sleeping rooms occupied by the innkeeper, one or more of which are available for rent to transient tenants.

(4)

Lavatories, toilets, and bathing facilities shall be available within the principal structure to all persons using the bed and breakfast operation in that structure. One bathroom containing a lavatory, toilet, and bathtub or shower shall be provided for each two sleeping rooms.

(5)

A single-family detached dwelling unit that will contain a bed and breakfast operation shall not have, or be converted to, more rental rooms than the number of bedrooms that existed on the date of adoption of this amendment. Any addition to a dwelling for the purpose of increasing the number of bed and breakfast rooms shall be prohibited.

(6)

Not more than one person, other than members of the resident family, shall be employed in a bed and breakfast operation.

(7)

No kitchen or other food preparation area or facilities shall be provided in or available to the rooms in a bed and breakfast operation. Cooking facilities in a dwelling containing a bed and breakfast operation shall be limited to the residential kitchen.

(8)

Full breakfasts and/or continental breakfasts may be served to registered bed and breakfast guests only. No other meals shall be provided to such guests.

(9)

One sign, not more than three square feet in area, shall be permitted for each bed and breakfast operation. Wording on the sign shall be restricted to the name of the establishment and the address. The sign shall meet all applicable regulations of article XXVI of this chapter.

(10)

A single-family detached dwelling unit containing a bed and breakfast operation shall have no outside appearance of the presence of the operation, except the sign permitted herein.

(11)

Bed and breakfast facilities may be used for receptions, weddings, and similar celebrations and parties to be considered during the conditional use analysis as noted below, with appropriate conditions placed therein. Social events, such as weddings, receptions, luncheons, cocktail parties, or any other function for which the bed and breakfast owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed provided the following constraints are met:

a.

Noise must meet the provisions of section 36-699(4).

b.

Social events in residential zones are restricted to the hours of 10:00 a.m. to 10:00 p.m.

c.

Off-street parking for such events can be accommodated on-site or through shared off-street parking or satellite parking arrangements to be reviewed as a part of the conditional land use.

d.

The number of social functions proposed at a bed and breakfast facility each month should be specified during the conditional land use review. The maximum number of events permitted shall be based on the specific characteristics of the site.

(12)

The maximum length of stay for any occupant of a bed and breakfast operation shall be 14 days in any period of 90 consecutive days.

(13)

One off-street parking space shall be provided for each room in a bed and breakfast operation. Parking spaces for bed and breakfast registrants shall be in addition to spaces required for the dwelling unit and shall comply with the regulations of section 36-761. Stacked parking spaces within an existing driveway can be counted toward the required off-street parking spaces.

(14)

A property survey, drawn to scale, with dimensions, and showing property lines and all structures and other improvements, shall be submitted with the application for a conditional use permit. If the proposed use involves changes to the site outside the building, the planning commission may require that the applicant submit a final site plan, as required in article XXVIII of this chapter, or portions of a final site plan that are applicable to the proposed changes and be reviewed and approved by the planning commission before the conditional use permit may be issued.

(15)

An approved conditional use permit for a bed and breakfast operation shall not become effective, and a bed and breakfast operation shall not be operated for business, until all licenses required therefor have been issued.

(16)

An approved conditional use permit, including all attached conditions by the planning commission, shall run with the parcel in the approval and shall remain unchanged except upon mutual consent of the planning commission and the landowner. Any violations of these conditions and/or required regulations by appropriate state agencies shall result in the conditional use permit being revoked.

(Ord. of 7-22-2013, § 60.14)

State Law reference— Bed and breakfast, MCL 125.1504b.

In addition to other regulations set forth in this chapter, all automobile gasoline service and repair stations and other automotive service and repair facilities shall conform to the following requirements:

(1)

Sidewalks shall be separated from vehicular parking or circulation areas by curbs, wheel stops, or traffic islands. The portion of the property used for vehicular traffic shall be separated from landscaped areas by a curb.

(2)

The entire area used for vehicle service shall be paved.

(3)

Hydraulic hoist, service pits, lubricating, greasing, washing and repair equipment and operations shall be located within a completely enclosed structure.

(4)

The maximum widths of all driveways at the right-of-way lines shall be no more than 30 feet.

(5)

The angle of a driveway intersection with the street from the curb line to lot line shall be not less than 60 degrees.

(6)

The distance of any driveway from any property line shall be at least 20 feet, measured at the tangent points of the drive edge and the street curb return.

(7)

The distance between curb cuts shall be no less than 40 feet, measured between the tangent points of the drive edges and the street curb returns.

(8)

Outdoor storage of trash, including new or discarded vehicle parts, shall be contained within a solid, unpierced enclosure.

(Ord. of 7-22-2013, § 60.15)

In addition to other regulations set forth in this chapter, all junkyards shall conform to the following requirements:

(1)

The junkyard shall be located on a public arterial street, or equivalent major public street, as defined in the adopted land use development plan.

(2)

Travel routes for trucks entering and leaving the junkyard shall be shown on a map of the township at the time of application for the conditional use permit. Such routes, except arterial streets or their equivalent, shall not pass through residential areas.

(3)

A site plan shall be provided at the time of the conditional use permit application and shall meet all requirements of article XXVIII of this chapter. The site plan shall also contain a description of the location and nature of any material processing operations to be conducted within the junkyard, and the location and nature of equipment for such operations.

(4)

Junk materials shall be stored in organized rows with open intervals at least 20 feet wide between rows for purposes of fire protection access and visitor safety.

(5)

Junk materials shall not be stored in piles higher than the top of the fence surrounding the junkyard. Automobiles, trucks, and other vehicles shall not be stacked so as to prohibit fire protection or to threaten the safety of visitors.

(6)

The junkyard shall be maintained in such a manner as to present the breeding or harboring of rats, insects, or other vermin.

(7)

The junkyard, when established and located within 1,000 feet of any existing residential district, as measured on a straight-line distance, shall not be open for business and shall not operate at any time other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays; between 7:00 a.m. and 12:00 noon on Saturdays; and shall not be open for business or otherwise operate on Sundays or legal holidays.

(8)

Burning shall be prohibited except within an enclosed incinerator, and only if the burning operation and incinerator are approved by the township fire chief, or other designated fire official, the township building inspector, and the county health department.

(9)

All flammable liquids contained in automobiles and other vehicles shall be drained from the same immediately after such vehicles are brought to the junkyard. Such liquids are to be stored in containers approved by the township fire chief, or other designated fire official, the township building inspector, and the county health department.

(10)

All drives, parking areas, and loading/unloading areas shall be paved, oiled, watered, or chemically treated so as to limit nuisances on neighboring properties and public roads caused by windborne dust.

(11)

There shall be not more than one entranceway from each public street which adjoins the junkyard.

(12)

Fencing shall be required as follows:

a.

A solid, screen-type fence or wall at least seven feet high, as measured from grade at each post in the case of a fence, or at ten-foot intervals in the case of a wall, shall be provided along each public street frontage. The fence or wall shall be located on the rear line of the required front yard. Gates shall also be made of solid, opaque material. The front yard shall be landscaped and continuously maintained as a lawn.

b.

Where the junkyard is adjacent to a rural, rural and urban residence, business, or RTM district, a solid, screen-type fence or wall, at least seven feet high, as measured in subsection (l2)a. of this section, shall be provided on any side or rear property line or portion thereof, adjoining such lots.

c.

Where the junkyard is adjacent to a lot in the LI district, a chainlink fence six feet high, as measured from grade level at each fence post, shall be provided on any side or rear property line or portion thereof, adjoining such lots.

d.

Strips of metal, plastic, or other materials inserted into wire fences shall not fulfill the requirements of subsections (l2)a. and b. of this section.

(13)

Wrecking and processing operations are permitted in a junkyard but shall be described in the application for the conditional use permit.

(Ord. of 7-22-2013, § 60.16)

Dog kennels licensed by the county shall be subject to the following conditions:

(1)

Minimum lot size. Any proposed kennel shall be operated on a parcel of land not less than ten acres in area and 400 feet in width.

(2)

Setbacks. Buildings in which animals are kept, animal runs, and exercise areas shall not be located in any required front, side, or rear yard setback area, and shall be located at least 300 feet to the nearest edge of a public right-of-way and 200 feet from any neighboring side or rear lot line.

(3)

Number of animals. If four or more animals are housed in the kennel, an additional one acre shall be required for every additional ten animals (or fraction thereof).

(4)

Public protection. A dog kennel shall be established and maintained in accordance with all applicable county sanitation regulations.

(5)

Site plan. A site plan shall be approved in accordance with article XXVIII of this chapter.

(Ord. of 7-22-2013, § 60.17)

(a)

Permit requirements. It shall be unlawful for any person, firm, or corporation to construct, or cause to be constructed, any fence on any property within the township, except in accordance with these regulations. Any person, firm, or corporation desiring to construct, or cause to be constructed, any fence that is subject to these regulations shall first obtain a fence permit from the building department. The application for a fence permit shall contain any and all information, including drawings, that is required and necessary to determine compliance with this chapter and applicable construction requirements. A permit shall not be required for a fence that is to be constructed for the purpose of enclosing farmland.

(b)

Fee. The fee for a fence permit shall be established, and may be amended, by resolution of the township board. The fee shall be paid to the township treasurer at the time of application for the permit.

(c)

Location of fences.

(1)

All fences shall be located entirely on the property of the owner of the fence. Adjoining property owners may jointly apply for a fence permit for the purpose of constructing a fence on the common property line.

(2)

No permit shall be issued for any fence construction within a public easement in which public utilities are located or are proposed to be located without first receiving the approval of the building inspector or his authorized representative.

(d)

Height regulations.

(1)

Fences located on residential lots shall comply with the following regulations:

a.

Only ornamental type fences shall be located in a required front yard or in a required side yard adjoining a public or private street and shall not exceed three feet in height.

b.

Fences located in any required side yard not adjoining a street or in any required rear yard shall not exceed six feet in height.

(2)

Fences on any commercial or office lot shall not exceed six feet in height unless otherwise required in this chapter. Fences in a front yard or a street yard shall not be permitted in a commercial or office district except where required by the township planning commission.

(3)

Fences on any industrial lot shall not exceed 12 feet in height.

(4)

Fences enclosing farmland shall be exempt from the regulations of this subsection.

(5)

In determining the height of a fence that separates two adjoining lots and that is located within two feet of the common lot line, the maximum height at any point shall be measured from the highest grade at that point within two feet on either side of the common lot line.

(6)

Private swimming pools and any container so used and capable of holding water to a depth of 24 inches or more when filled to capacity shall be completely enclosed by a fence not less than four feet or more than six feet in height of a material approved by the building inspector.

(e)

Vision clearance. All fences shall comply with section 36-98(h). A fence that is located at the intersection of a driveway and a public sidewalk, or a sidewalk along a private street, shall not impede vision between the driveway and sidewalk.

(f)

Safety of fences.

(1)

No spikes, nails, barbed wire, or other pointed objects or sharp protrusions shall be placed on, attached to, or permitted to remain on, any fence below the height of ten feet, except in the case of fences that enclose farmland, in which case barbed wire may be permitted at any height of the fence.

(2)

Fences shall not contain any electric charge or current, except fences that enclose farmland, in which case electrically charged fence wires shall be permitted; provided such wires shall be attached to the inside face of the fence posts. All electrically charged fences shall be of a type and make approved by underwriters laboratories.

(3)

Fences may be constructed of woven wire, metal, wood or masonry. Masonry walls shall require a foundation equal to the depth of the frost line, or 42 inches. Posts or anchoring devices for all other fences shall be placed at a depth of not less than 30 inches.

(g)

Retaining walls. A retaining wall shall be regulated as a fence if the wall projects more than 18 inches above the grade of the ground being retained.

(h)

Public utility fences. Fences that enclose public utility installations shall not be located in any required yard where the lot is located in a residential zoning district. Such fences may be located in any required yard where the lot is located in any other zoning district. Such fences shall comply with all other provisions of this chapter.

(i)

Maintenance. Fences shall be maintained so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or otherwise, endangers life or property is hereby deemed a nuisance. If an unsafe condition exists in regard to a fence, the building inspector or other authorized person shall serve written notice to the owner, agent, or person in control of the property on which such fence is located. The notice shall describe the unsafe conditions, shall specify the repairs or modifications required to make the fence safe, or shall require an unsafe fence or any portion thereof to be removed. The notice shall provide a time limit for such repairs, modifications, or removal to be made.

(j)

Temporary fences. In any zoned district, temporary construction fences and fences required for protection around excavations shall comply with the state construction code. Such fences shall not be maintained for a period greater than one year without approval of the building inspector.

(k)

Exemptions. Fences on residential lots larger than five acres and not located in a recorded subdivision, and fences enclosing farmland, shall be exempt from the regulations and requirements of this section, except section 36-98(h).

(l)

Fences in special districts. Fences located on a lot in a PUD, RTM, or PSC, or other special zoning district shall be exempt from the regulations of this section, but shall be regulated as provided in the approved petition for that lot.

(Ord. of 7-22-2013, § 60.18)

(a)

Purpose.

(1)

The Federal Emergency Management Agency has identified flood hazard areas in the township. It is the purpose of this section to reduce hazards to persons and damage to property in such areas and to comply with the national flood insurance act of 1968, the flood disaster protection act of 1973, and subsequent regulations enacted by the Federal Emergency Management Agency.

(2)

This section is designed to achieve the following purposes:

a.

Protect human life, prevent or minimize property losses, and reduce public costs of rescue and relief efforts from the effects of flood conditions.

b.

Restrict or prohibit uses which, when located in designated flood hazard areas, are dangerous to health, safety, and property in times of flooding, or causes excessive increases in flood heights or velocities.

c.

Require that uses and structures which are vulnerable to floods including public facilities, in designated flood hazard areas be protected against flood damage at the time of construction.

d.

Alert the public to lands which are unsuitable for certain uses and structures because of potential flood hazards.

e.

Permit reasonable use of property located within designated flood hazard areas.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. The level of the base flood shall be referenced to USGS data.

Designated flood hazardarea means land areas within the township which are subject to a one percent or greater chance of flooding in any given year, as delineated on the flood boundary and floodway map and flood profiles in the flood insurance study. The designated flood hazard area includes the floodway and the boundary of the base flood.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland waters and the unusual and rapid accumulation of runoff of surface waters from any source.

Flood boundary and floodway map means the map of the township, issued by the Federal Emergency Management Agency, whereon the boundaries of the designated flood hazard area have been delineated, dated August 2, 1982.

Flood insurance study means the report for the township, issued by the Federal Emergency Management Agency, dated February 2, 1982.

Floodway means the channel of a river or other watercourse and the adjacent land areas which discharges the base flood, as designated on the flood boundary and floodway map.

New construction means structures for which the start of construction commenced on or after the effective date of the ordinance from which this section is derived.

Substantial improvement means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

USGS means the United States Geological Survey.

(c)

Application of regulations.

(1)

All designated flood hazard areas shall be subject to the provisions of this section. The flood boundary and floodway map and the flood profiles which are contained in the flood insurance study are hereby made a part of this chapter.

(2)

The general location of the designated flood hazard areas shall be shown on the official zoning map but shall be shown only for the purpose of providing information. The precise location of floodways and designated flood hazard areas shall be determined from information as particularly specified on the flood boundary and floodway map, together with the flood profiles contained in the flood insurance study, and by site surveys, and other base flood elevation data available from a federal, state or other source, where applicable.

(3)

The requirements of this section overlay existing zoning districts. Compliance with the provisions of this section shall be in addition to compliance with the provisions of this chapter. Conflicts among provisions of this chapter or with provisions of any other ordinance shall be resolved in favor of the more stringent requirement.

(4)

No certificate of zoning compliance and no building permit shall be issued for any lot, use or structure subject, in whole or in part, to the provisions of this section until all provisions of this section, the underlying zoning district, and other applicable provisions of the chapter have been met. The zoning administrator shall have the authority to determine whether a lot, use, or structure is subject to this section.

(d)

Information required. The following information shall be provided with an application for a certificate of zoning compliance for any lot, use or structure located in whole or in part in a designated flood hazard area:

(1)

Elevation of the lowest habitable floor, including basement, of all structures. The elevation shall be referenced to USGS data.

(2)

If a structure is to be floodproofed, the elevation to which floodproofing will be utilized shall be indicated. The elevation shall be referenced to USGS data. In such case, a certificate of a professional engineer or architect registered in the state shall be submitted indicating therein that the floodproofing criteria of this section will be met.

(3)

A description of alteration or relocation of any watercourse.

(4)

Proof of floodplain permit approval or letter of no authority from the state department of environmental quality, under authority of part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.).

(5)

Base flood elevation data for any lot subject to the land division act, Public Act No. 288 of 1967 (MCL 560.101 et seq.).

(6)

Additional information reasonably necessary to determine compliance with this section.

(e)

General standards for designated flood hazard areas. The following standards shall apply to all land within a designated flood hazard area:

(1)

All new construction and substantial improvements, including the placement of or addition to or expansion of, prefabricated structures and mobile homes, shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure; shall be constructed with materials and utility equipment resistant to flood damage; and shall be constructed by methods and practices that minimize flood damage to the smallest reasonable extents.

(2)

New and replacement water supply systems shall reduce to the smallest reasonable extent infiltration of floodwaters into the systems.

(3)

New and replacement sanitary sewage systems shall reduce to the smallest reasonable extent infiltration of floodwaters into the systems, and discharges from the system into floodwaters. On-site disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.

(4)

Public utilities and facilities shall be designed, constructed, and located to reduce flood damage to such utilities and facilities to the smallest reasonable extent.

(5)

Adequate drainage shall be provided to reduce exposure to flood hazards. Positive drainage away from all structures shall be provided.

(6)

A watercourse within a designated flood hazard area shall not be relocated until approval has been obtained from the state department of environmental quality or the county drain commissioner, whichever has jurisdiction. Evidence of the approval shall be submitted by the person relocating the watercourse to the federal emergency management agency.

(f)

Specific standards for designated flood hazard areas excluding floodways. The following standards shall apply to all land located within a designated flood hazard area but outside a floodway:

(1)

The lowest floor level, including basement, of all new construction and substantial improvements of residential structures, including the placement of or addition to or expansion of prefabricated structures and mobile homes, shall have an elevation at least one foot above the base flood level.

(2)

All new construction and substantial improvements of nonresidential structures shall meet either of the following standards:

a.

The lowest floor, including basement, shall have an elevation at least one foot above the base flood level; or

b.

The portion of the structure, including utility and sanitary facilities, below the base flood level shall be watertight with walls substantially impermeable to the passage of water, structural components shall have the capability to resist hydrostatic and hydrodynamic loads and the effects of buoyancy. A professional engineer or architect registered in the state shall certify that this standard is satisfied. The engineer shall also certify that the floodproofing methods employed are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with a base flood in the location of the structure.

(g)

Specific standards for floodways. The following standards shall apply to land located within the floodway portion of a designated flood hazard area:

(1)

Encroachments, including fill, new construction, substantial improvements, and other development, shall be prohibited in a floodway. Exceptions to this standard shall be made only upon certification by a professional engineer registered in the state, or by the state department of environmental quality, in cases in which the department has jurisdiction, that the encroachment or other development will not result in any increase in flood levels during the discharge of base flood, and that the encroachment or other discharge complies with part 31 of Public Act No. 451 of 1994 (MCL 324.3101 et seq.).

(2)

The uses and structures permitted in an underlying district shall not be permitted within a floodway, unless an exception is obtained as provided in subsection (g)(1) of this section.

(Ord. of 7-22-2013, § 60.19)

(a)

Purpose. The submission of an impact assessment is necessary to provide relevant information concerning the effects that a proposed project may have on the community, and to provide the data necessary for the township to make a rational determination on the request.

(b)

When required. An impact assessment shall be required and shall be submitted by a petitioner whenever the following matters are petitioned for consideration:

(1)

Requests for zoning change, when such request represents a departure from the land use proposed in the township's land use development plan of land use applicable to the parcel in question.

(2)

Any PUD, PSC, or RTM district or planned residential unit development shall require an impact assessment.

(3)

A plat subject to chapter 14 and site condominiums when deemed necessary by the planning commission.

(c)

Traffic impact study. A traffic impact study shall be submitted for a project under any of the following situations:

(1)

All situations noted in subsections (b)(1) and (2) of this section.

(2)

Projects with frontage along major thoroughfares as designated in the township land use development plan that would be expected to generate 50 directional vehicle trips (i.e., 50 inbound or 50 outbound trips) during the peak hour of the traffic generator or the peak hour on the adjacent streets.

(3)

Projects that would be expected to generate 100 direction vehicle trips (i.e., 100 inbound or 100 outbound trips) during the peak hour of the traffic generator or the peak hour on the adjacent streets. Forecasted trip generation shall be based upon equations/rates outlined in the most recent version of the Institute of Transportation Engineer's (ITE) Trip Generation Manual. The ITE data may be supplemented by actuate trip generation data from similar establishments in the state.

(d)

Impact assessment required. The impact assessment is required in order to explain the purposes of the request and to indicate why the proposal would be a logical alternative to policies contained within the township's land use development plan. The assessment shall also evaluate the proposal's impact upon the natural environment of the area, on traffic operations and safety, on public facility needs, and on the future land use of the surrounding area. In addition to the effects on the natural environment, the proponent shall also submit an analysis of the resulting impact on utilities and public facilities, including storm sewers, sanitary sewers or water mains, and recreation, school and public safety needs.

(e)

Minimum contents of traffic impact study. The following shall be submitted to the township planning commission for review and evaluation. The planning commission shall determine the applicability and/or necessity of the following items as they pertain to a specific project or rezoning request.

(1)

Existing conditions, including existing daily and peak hour traffic volumes, on adjacent streets. Intersections in the vicinity which are expected to be impacted as identified by the township and a description of any site distance limitations along the site's right-of-way frontage. Existing traffic counts shall be taken on a Tuesday, Wednesday or Thursday of non-holiday weeks. Additional counts (i.e., on a Saturday for a proposed commercial development) may also be required in some cases. The following times/situations should also be avoided where possible so that the traffic count data would represent a typical day: construction detours in the area, summer days for a site near a school, etc. The consultant performing the impact study must make every effort to complete traffic counts during average or higher than average volume conditions (i.e., regarding weather or seasonal variations) for the area under study. Traffic data over one year old will not be accepted unless the applicant can document that volumes have not changed more than two percent.

(2)

Forecasted trip generation of the proposed use for the a.m. and p.m. peak hour and average daily traffic generated. The forecasts shall be based on the data and procedures outlined in the most recent Institute for Traffic Engineers Trip Generation Manual. The applicant may use other commonly accepted sources of data or supplement the standard data with data from similar projects in the state. For requests for zoning change, when such request represents a departure from the land use proposed in the township land use development plan, the study should contrast the traffic impacts of typical uses permitted in the requested zoning district with uses permitted in the current zoning district. The determination of typical uses shall be made by the zoning administrator.

(3)

For any project with a completion date beyond one year at the time of the traffic study, the analysis shall also include a scenario analyzing forecasted traffic at date of completion along the adjacent street network using a forecast based on historic annual percentage increases and/or on expected development in the area. Traffic impact assessments shall acknowledge the traffic impacts of other uses approved, but not yet constructed, which may affect traffic operations for the subject site, as determined by the township.

(4)

The projected traffic generated shall be distributed (inbound v. outbound, left turn v. right turn) onto the existing street network to project turning movements at site driveways and nearby intersections and illustrated in the report. A description of the application of standard engineering procedures for determining the distribution should also be attached.

(5)

Capacity analysis at the proposed driveways using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the transportation research board. Before and after capacity analyses shall also be performed at all street intersections where the expected traffic will comprise at least five percent of the existing intersection capacity and/or for roadway sections and intersections experiencing congestion or a relatively high accident rate, as determined by the township or the county road commission.

(6)

Traffic accident data covering the most recent three years for intersections analyzed in the impact study shall be summarized in collision diagrams. The township may require traffic accident data if the segment of roadway adjacent to or near the subject site has experienced accident problems.

(7)

A map and description of the location and design of proposed access (driveway or new street intersection), including any sight distance limitations, dimensions from adjacent driveways and intersections within 250 feet, other data to demonstrate that the design and number of driveways proposed is the fewest necessary, and the driveways will provide safe and efficient traffic operation and be in accordance with the standards of this chapter.

(8)

An analysis of the potential need for bypass lanes or deceleration tapers/lanes, including attachment of any correspondence by the county road commission.

(9)

A general description and illustration with arrows of internal site circulation, truck circulation, and how the site plan minimizes the amount of impervious surface.

(10)

Documentation of approval for size and location of fire lanes and emergency vehicle access by the fire department.

(11)

A general description of pedestrian circulation on and across the roadways, including any pedestrian facilities provided.

(f)

Section does not relieve sponsor. The requirements set forth in this section shall not relieve the project's sponsor from complying with other land development standards of this chapter, or any other ordinance enacted by the township or by other public agencies having jurisdiction.

(g)

Fees. Fees for the review of impact assessments shall be established by resolution of the township board of trustees.

(Ord. of 7-22-2013, § 60.20)

(a)

Purpose. It is the intent of the residential open space development option to promote the goals and policies of the township growth management plan and to permit residential development while preserving significant areas of open space, natural features, and rural character by:

(1)

Assuring the permanent preservation of open spaces, visual assets, agricultural lands, and natural features;

(2)

Encouraging a less sprawling form of development, thus preserving open space as undeveloped land;

(3)

Preserving contiguous open spaces and natural features;

(4)

Allowing innovation and greater flexibility in the design of rural residential developments;

(5)

Facilitating the construction and maintenance of streets, utilities, and public services in rural residential developments in a more economical and efficient manner; and

(6)

Ensuring compatibility of design and use between neighboring properties.

(b)

Applicability. The application for an open space development shall meet all appropriate review requirements under article XXVIII of this chapter, pertaining to site plan review, or the township subdivision ordinance codified in chapter 14, whichever is applicable.

(1)

The open space development option may be applied for in the AR, LR, SR-1, and SR-2 districts. The following criteria shall determine whether open space development shall be treated as a permitted or conditional use:

a.

As a permitted use. An open space development shall be a permitted use as of right where a minimum of 50 percent of the site is permanently preserved as dedicated open space in accordance with section 36-726 and density does not exceed the standards set forth in section 36-718(e)(1).

b.

As a conditional use. An open space development may be permitted as a conditional use pursuant to article XXVII of this chapter where:

1.

The applicant desires the design flexibility allowed for open space developments, but less than 50 percent of the site would be permanently reserved as dedicated open space in accordance with section 36-726.

2.

The applicant seeks to obtain a density bonus pursuant to subsection (e)(3) of this section.

(2)

Any division of a parcel in an open space development shall be approved by one of the following means:

a.

Division by metes and bounds shall be approved by the zoning administrator in accordance with chapter 14, pertaining to land division. The zoning administrator shall not approve any land division for an open space development until the requirements of this article are met, including the review and approval of a site plan pursuant to article XXVIII of this chapter.

b.

Division by subdivision plat in accordance with the approval process provided in the township subdivision ordinance in chapter 14 and this zoning chapter.

c.

Division by site condominium in accordance with the approval process provided in section 36-709.

(c)

Uses permitted. Uses permitted in an open space development are those listed as permitted, conditional and accessory uses in the underlying zoning district. The buildings and structures, and uses of parcels, permitted using the open space development option shall be the same as described in the underlying zoning district.

(d)

Open space requirements.

(1)

Area of dedicated open space. The dedicated open space shall remain perpetually in an undeveloped state by means of an irrevocable conveyance or other method described in section 36-726, open space preservation.

(2)

Use of dedicated open space. In addition to permanently preserved open space, the following uses may be permitted within open space areas:

a.

Recreational facilities. Allowable recreation facilities may include a neighborhood park, picnic area, children's play area, greenway, recreational trails, bike paths, equestrian trails, or similar passive recreational facilities which provide a feature of communitywide significance and enhance residential development. In order to preserve a reasonable proportion of the natural areas, no more than 50 percent of the dedicated open space shall be utilized for these recreational facilities. Dedicated open space in excess of 50 percent of the site may be used for more active recreational uses.

b.

Stormwater detention pond. A manmade stormwater detention pond provided such pond is designed to appear and act as a natural wetland and/or natural pond.

c.

Wastewater treatment. The drainage field for a community wastewater utility system serving the entire open space development, but not the treatment plant itself, provided such drainage field is planted and maintained for the entire life of the community wastewater utility system such that it appears to be natural, open space.

d.

Farm. Farm and farm operations if proposed for a portion of the open space must be approved by the planning commission and be in keeping with the intent of these provisions. Intensive agricultural operations and similar uses shall not be permitted to occupy the open space area of a development.

(3)

Areas not considered dedicated open space. The following land areas shall not be included as dedicated open space for the purpose of this article:

a.

The area of any private or public street right-of-way.

b.

Any lot including the required setbacks surrounding a residential structure.

c.

Stormwater detention and treatment areas except as provided above.

d.

Any wastewater treatment areas, except as provided above.

(e)

Density calculations.

(1)

The basis number of dwelling units permitted under the open space development option shall be determined by calculating the number of dwelling units that would be permitted if the site were developed with a conventional layout and all applicable ordinances and laws were observed, as demonstrated by the density concept site plan submittal prepared in accordance with subsection (e)(2) of this section.

(2)

A density concept plan shall be submitted along with the required preliminary site plan as specified in section 36-865 which illustrates achievable density without application of the open space development option and with all applicable ordinances and laws observed based on the underlying zoning regulations. The density concept plan (parallel plan) shall contain the following information:

a.

Evidence of ownership; location and description of site; dimensions and areas.

b.

General topography, soils information, woodlands, wetlands, floodplains, and surface waters.

c.

Scale, north arrow, date of plan.

d.

Existing zoning of site; existing land use and zoning of adjacent parcels; location of existing buildings, drives, and streets on the site and within 100 feet of the site.

e.

Lot and street layout.

f.

Location, size, and uses of open space.

g.

General description of proposed water, sewage disposal, and storm drainage systems.

(3)

Review of density concept plan (parallel plan).

a.

The planning commission shall review the parallel design plan as a part of the site plan review process and determine whether the project could be physically constructed and meet all current regulations. If there are questions regarding water, septic, wetlands, floodplains or other issues that might affect the feasibility of the project under current regulations, the planning commission may request the applicant to obtain review by the proper regulatory authorities.

b.

If the planning commission determines, through these responses, that the number of dwelling units proposed is unfeasible, the applicant shall revise and resubmit the parallel design plan to show a feasible number of dwelling units. The number of dwelling units permitted in an open space development shall not exceed the maximum number of dwelling units allowable under a parallel design plan approved by the planning commission unless the applicant receives a density bonus pursuant to subsection (e) of this section.

(4)

Density bonuses. An applicant utilizing the open space development option in the AR agriculture district may request a density bonus. A density bonus shall not be permitted in any other zoning district. Using the residential density as determined in the approved parallel design plan, pursuant to subsection (e) of this section, a density bonus of up to 150 percent may be permitted by the township. As noted above, all requests for a density bonus shall be considered a conditional land use and meet all standards and criteria found in article XXVII of this chapter. To be considered for a density bonus the following minimum standards shall be met.

a.

The open space development site comprises a minimum of twenty acres of contiguous land within the AR agriculture district.

b.

The open space development shall have primary vehicular access to a paved public road.

(5)

Criteria for determining density bonus. An applicant may apply one or more of the following plan elements to obtain a density bonus. The density bonus is cumulative in that any of the plan elements below may be used in combination to obtain the maximum density bonus allowed. As specified in subsection (e)(4) of this section, the overall density bonus shall not exceed 150 percent of the base density as determined by the approved density concept (parallel) plan.

a.

If an applicant preserves open space in an amount greater than 49 percent, the township shall grant the following density bonuses:

1.

50 to 59 percent dedicated open space equals 30 percent density bonus.

2.

60 to 69 percent dedicated open space equals 40 percent density bonus.

3.

70 to 79 percent dedicated open space equals 50 percent density bonus.

4.

80 to 89 percent dedicated open space equals 60 percent density bonus.

5.

90 percent or greater dedicated open space equals 70 percent density bonus.

b.

If an applicant preserves 80 percent or more of all native trees on site with a diameter at breast height (D.B.H.) of six inches or greater, a 40 percent density bonus will be granted. A tree survey will be required to meet these site criteria.

c.

If an applicant includes extensive pedestrian, bicycle and/or bridle paths that interconnect with adjacent sites similar facilities, a 30 percent density bonus may be granted by the planning commission upon a determination that the spirit of this criteria is met. Paths are to be constructed of gravel, woodchip or other similar material as approved by the planning commission during review.

d.

If the proposal demonstrates excellence in site design, a 30 percent density bonus may be granted by the planning commission upon a determination that the spirit of this criteria is met. Elements of design excellence shall include at least four of the following:

1.

A mixture of housing styles and building types;

2.

A variation of facades, rooftops, architectural accents and colors;

3.

Use of high-quality exterior building materials, such as brick, stone, wood or cement fiberboard siding;

4.

Porches facing sidewalks and/or public areas; and

5.

Limited use of attached front-entry garages. No more than 50 percent of the homes may be constructed with attached front-entry garages.

e.

If an applicant uses at least two stormwater best management practices as specified by the county water resources commissioner, a 20 percent density bonus will be granted.

f.

If an applicant provides for the protection of identified groundwater recharge areas, a 20 percent density bonus may be granted by the planning commission upon a determination that the spirit of this criteria is met.

g.

If an applicant preserves and/or creates significant new natural features, such as woodland or prairie within an open space development, a 20 percent density bonus may be granted by the planning commission upon a determination that the spirit of this criteria is met.

(f)

Design standards.

(1)

Natural features preservation. All open space developments regardless of density shall be designed to promote the preservation of natural features in accordance with section 36-723. Individual lots, buildings, streets and parking areas shall be designed and situated to minimize alteration of the natural environment.

(2)

Setbacks. Minimum setback requirements shall be established in a manner which permits variation in the siting of individual dwelling units in order to encourage creativity in design and compatibility with natural resource features. During the site plan review process the planning commission may grant waivers from some or all of the required setbacks as provided below where the applicant can demonstrate creativity in design that will lead to the preservation of natural features as well as address the purpose of this section. Unless waived in part or in whole by the township the following minimum setback requirements for each dwelling unit shall be applied:

Minimum Setbacks and Lot Width per Dwelling Unit (in feet)
in Subdivisions and Site Condominiums

*Where the open space development contains drives or streets without a recorded easement, setbacks shall be measured from a point 30 feet from the centerline of the drive or street.

(3)

Required road frontage. All lots shall meet the minimum access requirements set forth in section 36-72.

(4)

Lot sizes and lot widths. There shall be no minimum lot size or lot width for each dwelling unit in an open space development, provided that all other provisions of this section are met.

(5)

Greenbelt adjacent and parallel to county certified primary and local roads. It is the intent of the township that an open space development shall not appear to be more intense than a conventional development as viewed from off-site. In addition to any required minimum setback specified in subsection (f)(2) of this section, a greenbelt having the minimum width of 75 feet in the AR, and LR district and 50 feet in the SR-1 and SR-2 districts shall be required along any adjacent county certified primary or local road. The greenbelt shall be measured from the right-of-way line. The township at its discretion, may permit either reductions or variations in width of the greenbelt taking into consideration topographic and/or other natural resource conditions, density of existing vegetation to be preserved, and size and shape of the development site.

(6)

Transition from adjacent parcels. A transition strip having a minimum width of 100 feet shall be required around the entire perimeter for all open space developments to be located in or adjacent to the AR districts and 50 feet for all open space developments located in or adjacent to the LR, SR-1 and SR-2 zoning districts.

(7)

Septic tanks and fields. The placement of septic tanks and fields and/or alternative on-site wastewater treatment systems shall comply with requirements of the county department of environment and infrastructure service (WCEIS). Drain fields may be placed in dedicated open space or transition areas and may be counted toward the required open space if developed in accordance with subsection (d)(3)c of this section.

(8)

Pedestrian access. Pedestrian access shall be provided along all public rights-of-way adjacent to the open space development and between all dedicated open spaces within the development. This provision may be waived by the planning commission by a showing of good cause by the applicant.

(g)

Initiation of construction. If construction has not commenced within 18 months of final approval, all township approvals become null and void, unless the township approves an extension. The applicant may apply in writing to the township for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

(h)

Phasing.

(1)

Scheduled phasing. When proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities, and open space. Each phase shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the residential cluster development and the residents of the surrounding area.

(2)

Timing of phases. Each phase of the project shall be commenced within 12 months of the schedule set forth on the approved site plan. If construction of any phase is not commenced within the approved time period, approval of the plan shall become null and void unless the township approves an extension.

(Ord. of 7-22-2013, § 60.21; Ord. of 5-27-2014, § 60.21)

State Law reference— Open space preservation, MCL 125.3506.

(a)

Intent. Unobstructed, safe, and continuous access to lots is necessary to promote and protect the health, safety, and welfare of the public through police and fire protection, and ambulance service. Such access is necessary to ensure that such services can safely and quickly enter and exit private property at all times. Access to the interior of certain sections within the township should meet minimum standards and specifications to permit the subsequent upgrading and dedication of such access right-of-way to the county board of road commissioners or other municipal corporations, when public dedication is desirable or required. The procedures, standards and specifications hereinafter set forth are determined to be the minimum procedures, standards and specifications necessary to meet the intention of this chapter.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Building means an enclosed structure used or intended for use for the housing, enclosure or shelter of people, animals or chattels.

Lot means a parcel of land; real estate.

Permit means a right-of-way permit issued for a private road pursuant to this chapter.

Private road means a route which provides vehicular access to a lot or lots and which has not been dedicated to public use.

Township engineer means a registered professional engineer appointed by the township board to the position of township engineer or any other person authorized by the township board to perform the duties of township engineer as set forth in this chapter.

(c)

General access and permit requirements.

(1)

Unless expressly exempt from the provisions of this chapter, every lot or parcel in the township shall:

a.

Abut, in compliance with section 36-73, a public or a private road which meets the requirements of this chapter; and

b.

Have access for ingress and egress for all vehicular traffic, including fire, police, and ambulance services and vehicles by means of such public or private road.

(2)

No lot shall be improved with a building subsequent to the date of adoption of the ordinance from which this chapter is derived, unless a permit in accordance with this chapter has been issued.

(3)

No person shall construct, alter, or extend a private road without compliance with this chapter and obtaining a permit as hereinafter provided.

(4)

All lots which have been improved with a building prior to the date of adoption of the ordinance from which this chapter is derived shall comply with the provisions of this chapter, if the township planning commission, by resolution, determines that such compliance is necessary to protect and promote the public health, safety and welfare in accordance with the purposes set forth within this chapter.

(d)

Driveway standards. All driveways hereinafter developed shall meet the following standards:

(1)

No more than two homes may share a common drive;

(2)

Driveways serving no more than two lots/parcels shall be 15 feet in width for ingress and egress for emergency, fire, and police vehicles from the public road to the single-family dwelling units;

(3)

A driveway exceeding a length of 1,000 feet shall be required to provide a dry hydrant and any other requirements for fire safety established by the township fire department; and

(4)

The right-of-way is recorded in the office of the register of deeds of the county.

(e)

Application for permit; requirements. Applications for permits shall be delivered to the township zoning administrator and filed with the clerk, and shall consist of the following information:

(1)

For a lot not covered by subsection (c) of this section, the application shall contain the following information:

a.

A legal description of each lot to be served by the right-of-way, a legal description of the right-of-way, the names and addresses of all persons or parties owning an interest in the title to the lots and right-of-way area.

b.

A survey drawing showing the outline of the proposed right-of-way and the dimensions and bearings thereof; existing topographic contours, at two-foot intervals, of the right-of-way area and all adjacent land within ten feet thereof, or within such greater area as may be necessary to determine whether drainage methods will be adequate; soil characteristics and wet areas; trees; streams and all bodies of water within ten feet from the right-of-way area, or within such greater area as may be necessary to determine whether drainage methods will be adequate; existing buildings within 50 feet of the proposed right-of-way; the proposed right-of-way in relation to the nearest property lines; and the location of all proposed improvements in the right-of-way area; north arrow; vicinity map. The survey drawing shall be prepared by a registered land surveyor or civil engineer, registered in the state, and shall bear the seal of the same.

c.

Plan and profile drawings and cross sections of the proposed improvements showing clearly all materials, grades, and dimensions, prepared by a civil engineer registered in the state, and bearing the seal of the same.

d.

A complete statement of all the terms and conditions of the proposed right-of-way, including copies of all agreements or intended agreements regarding the maintenance and improvements of the right-of-way and roadway.

e.

A fee as established by resolution of the township board to defray the costs of inspection, plan review, administration, and enforcement of this chapter.

f.

The application shall be signed by the applicant or agent thereof, in which case, it shall be accompanied by a duly executed and notarized power of attorney, and shall represent that the applicant is making the application on behalf of all persons having an interest in the right-of-way or the abutting lots and shall be made under penalties of perjury.

(2)

For a lot subject to subsection (c) of this section, the owner of the lot shall apply to the township zoning administrator for a permit. The applicant shall furnish the zoning administrator a surveyor sketch of the property showing its boundaries, the location of all existing improvements and the location of future buildings, the relationship of the lot to any public or private right-of-way or roads, and a copy of the recorded right-of-way. The dimensions and location of the right-of-way shall be specifically shown on the sketch or survey. The applicant shall also pay to the township a fee for application for said permit as established by resolution of the township board. The zoning administrator shall transmit the application, including all drawings, to the township engineer for review and recommendation and to the county road commission for information. The zoning administrator shall review the township engineer's report and shall issue the permit if the applicant has provided the information required herein and paid the required fee, and if the township engineer has reported that the application meets the criteria of subsection (c) of this section. The report shall be affixed to a copy of the sketch or survey submitted by the applicant. After issuance of a permit and compliance with subsection (g) of this section, a certificate of completion shall be issued.

(f)

Permit approval procedure.

(1)

Upon receipt of an application, the township clerk shall bring the application before the township planning commission at its next regular meeting.

(2)

The township engineer shall report in writing to the planning commission as to whether or not the proposed right-of-way and roadway conform to the standards and specifications of this chapter. Said report may include any suggested conditions to be attached to the permit which, in the township engineer's judgment, are necessary to achieve the intent of this chapter.

(3)

The township planning commission shall consider the application, the township engineer's report, and all other relevant information in determining whether to grant the permit application. If the information submitted by the applicant does not establish that the proposed right-of-way and roadway will conform to the standards and specifications of this chapter, the township planning commission shall not grant the permit. The township planning commission shall impose such conditions on the approval of the permit as it deems necessary to achieve the intent and objectives of this chapter, which may include, but need not be limited to, conditions suggested by the township engineer. The breach of any such condition proposed by the township planning commission shall automatically invalidate the permit.

(4)

When deemed necessary by the conditions of the site, the township planning commission shall require that the applicant deposit with the township clerk a sum of money, bank letter of credit or certified check, in an amount sufficient to guarantee that the applicant shall perform the terms and conditions of the permit, including the payment of required fees. Upon issuance of certificate of completion under subsection (g) of this section, any unused portion of the deposit shall be refunded to the applicant.

(5)

Upon receipt of the required deposit and predetermined fees and approval of the applicant by the township planning commission, the township zoning administrator shall issue the permit pursuant to the terms established by the township planning commission resolution approving the application.

(6)

Only the township planning commission shall have the authority to approve or deny applications for permits. No other permit issued by any township official or other governmental body or official shall be a substitute for a permit.

(g)

Specifications for rights-of-way and roadways. Each right-of-way and its roadway shall conform to the following specifications:

(1)

Private roads shall be divided into two classes, as follows:

a.

Class A private roads shall be any private road that meets one or more of the following criteria:

1.

Serves six or more single-family residential lots, or has a reasonable foreseeable potential to be extended in the future to serve a total of six or more single-family residential lots.

2.

Connects with, or has a reasonably foreseeable potential to be extended at a future time to connect with, a public or private road.

3.

Has a reasonable probability of dedication as a public road.

4.

Has a length of more than 1,000 feet, measured on the roadway centerline of the public road to the centerline of the other intersection road, or the center of the turnaround.

5.

Serves one or more nonresidential uses, not including farm uses and buildings.

b.

All other private roads, except those exempted under subsection (c) of this section, shall be Class B private roads.

(2)

All Class A and Class B private roads shall meet the following minimum requirements and specifications:

a.

The roadway surface and turnaround area shall be centered in the right-of-way.

b.

The connection between the right-of-way and the public road shall conform to the standards and specifications of the county road commission. The applicant shall obtain a road permit issued by the road commission prior to approval of any right-of-way by the township planning commission.

c.

Underground crossroad drainage shall be provided where the proposed right-of-way crosses a stream or other drainage course. Necessary culverts and treatments shall be provided in accordance with the specifications of the county road commission.

d.

The right-of-way and roadway shall be adequately drained so as to prevent flooding or erosion of the roadway. Ditches shall be located within the right-of-way. Roadway drainage shall be constructed so that the runoff water shall be conveyed to existing watercourses or water bodies. The discharged water shall not be cast upon the land of another property owner unless the water is following an established watercourse. Connection to county drains shall be approved by the county drain commissioner prior to the issuance of a permit. Connection to roadside ditches within public road right-of-way shall be approved by the county road commission prior to the issuance of a permit.

e.

Road signs shall be erected and maintained in accordance with the Michigan Manual of Uniform Traffic Control Devices.

f.

The right-of-way shall provide for ingress, egress, drainage, and installation and maintenance of public and private utilities.

(3)

Class A and Class B private roads shall also meet their respective minimum requirements and specifications as set forth in the table below.

MINIMUM REQUIREMENTS AND SPECIFICATIONS FOR PRIVATE STREETS AND ROADS

(h)

Inspection. All required improvements shall be inspected by the township engineer at various stages of construction. The township engineer shall make a final inspection upon completion of construction and shall report the results of the final inspection to the township planning commission in writing. The applicant's engineer shall certify to the township engineer, before the final inspection and report thereon are made, that the required improvements were made in accordance with this chapter and all approved plans. A certificate of completion by the township engineer shall be delivered to the township clerk and the applicant. The costs of inspection, including, compensation of the township engineer, shall be paid by the applicant prior to the issuance of the certificate of completion. The township board shall establish and determine the costs of inspection. If the applicant does not directly pay the costs of inspection, the same shall be paid from the deposit established by the township board and held by the township clerk, and the balance, if any, shall be returned to the applicant.

(i)

Expiration of approval of permits. A permit shall be valid for a period of one year from the date of issuance, or such longer period as determined by the township planning commission. If the required improvements have not been completed upon the expiration of the one-year period or the longer period of time, then the permit shall be void and of no force and effort and all deposits shall be forfeited to the township.

(j)

Recording of rights-of-way. The right-of-way, including all agreements as identified in subsection (e)(1)d of this section, shall be recorded in the office of the register of deeds for the county prior to the issuance of the certificate of completion required in subsection (g) of this section.

(k)

Building permits. No building permit shall be issued for any lot subject to the provisions of this chapter unless a permit has been issued by the township planning commission.

(l)

Certificates of occupancy. No certificate of occupancy shall be issued for any building on a lot subject to the provisions of this chapter unless a certificate of completion has been received by the township clerk, as provided in subsection (h) of this section. A certificate of occupancy may be issued prior to the issuance of a certificate of completion, upon recommendation by the township engineer, and upon deposit with the township clerk of a sum of money, certified check, or bank letter of credit in an amount sufficient to guarantee completion of the remaining required improvements.

(m)

Variances. When there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, such as topographical and other physical characteristics of a parcel, the zoning board of appeals shall have the power to vary or modify the application of the provisions of this chapter so that the intent and purpose of the chapter shall be observed, public safety secured, and substantial justice done. This provision of the chapter is intended, in part, to enable variances to be granted and conditions attached to the variances to facilitate the upgrading of prior nonconforming right-of-way and private roads to the standards of the chapter, in a reasonably practical manner, including, but not limited to such rights-of-way and private roads as have been established, recorded, constructed, or maintained prior to the date of adoption of the ordinance from which this chapter is derived, which cannot be brought into conformity with the chapter without unnecessary hardship or practical difficulty due to soil condition, topographical considerations, or other factors.

(n)

Violations. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Any access which is used in violation of the terms of this chapter be and the same is hereby declared to be a nuisance per se, and such use may be abated, restrained, enjoined, and prohibited, upon the commencement of an appropriate action in the circuit court.

(Ord. of 7-22-2013, § 60.22; Ord. No. 24-89, § 1, 1-9-2024)

(a)

Purpose. The intent of this section is to establish standards to permit the location of wireless communication structures, including towers, antennae, and support facilities, within designated geographic areas in a manner which will protect the safety and integrity of residential areas and the character, property values, and esthetic quality of the township. It is further the intent of this section to require co-location of transmission and receiving apparatus on existing towers or structures, unless it can be demonstrated by the applicant that co-location is not feasible, and to require that new structures make provision for co-location of additional users whenever feasible. It is further the intent of this section to require users of structures and antennae to configure them in a way that minimizes the adverse visual impacts of the structures and antennae through careful design, siting, landscape screening, and innovative camouflaging techniques.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Co-location means the location of two or more wireless communication facilities on a common tower with the view toward reducing the overall number of towers within the township.

Provider means an entity which is properly licensed by the Federal Communications Commission (FCC) and other appropriate governmental authorities to provide services through wireless communications facilities.

Wireless communication antenna or antenna means any antenna used for the transmission or reception of wireless communication signals, excluding those used exclusively for dispatch communications by public emergency agencies, ham radio antenna, satellite antenna, those which receive video programming services via multi-point distribution services which are one meter (39 inches) or less in diameter and those which receive television broadcast signals.

Wireless communication equipment storage facilities or storage building means equipment used in the operation of the facility other than antennae or towers and the structure within which the equipment is stored, maintained and serviced.

Wireless communication facilities means and includes all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals, including, but not limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment building and commercial mobile radio service facilities. Included in this definition are "antennae," "towers," and "storage buildings." Not included in this definition are citizen band radio facilities, short wave facilities, ham or amateur radio facilities, satellite dishes for residential use, and governmental facilities which are subject to state or federal law or regulations which preempt municipal regulatory authority.

Wireless communication support structure or tower means structures erected or modified to support wireless communication antennae or facilities. Support structures within this definition include, but are not limited to, monopoles, lattice towers, light poles, wood poles and guyed towers, or other structures which appear to be something other than a mere support structure.

(c)

Conditional use permit.

(1)

Permit required. A wireless communication facility shall require the issuance of a conditional use permit in accordance with the provisions of article XXVII of this chapter.

(2)

Information required. In addition to any information required for applications for conditional use permits pursuant to article XXVII of this chapter, any information required for preliminary and/or final site plan under article XXVIII of this chapter and the following information:

a.

Name, address, phone number, and e-mail address of applicant. At a minimum, one provider must be a co-applicant under this section or be under contract with the applicant. In no case shall the applicant be speculative in nature, i.e., with no provider identified and under contract. Without a specific provider, the applicant will not be able to fulfill the standards and informational requirements of these regulations.

b.

Each applicant for an antenna and/or tower shall provide an inventory of its existing towers, antennae, or sites approved for towers or antennae, that are either within the jurisdiction of the township or within one mile of the border thereof, including specific information about the location, height, type of equipment, including model number, and design 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 township; provided, however, that the sharing of such information in no way constitutes a representation or warrant by the township that such sites are available or suitable.

c.

A scaled site plan clearly indicating the location, type and height of the proposed tower; on-site land uses and zoning; adjacent land uses and zoning; land use 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; specifications of the transmitter and model numbers and any other structures, topography, parking, and any other information deemed by the planning commission to be necessary to assess compliance with this section.

d.

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

e.

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

f.

The separation distance from other towers or structures described in the inventory of existing sites submitted pursuant to subsection (c)(2)b of this section shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing towers and the owner/operator of the existing towers, if known.

g.

A landscape plan showing specific landscape materials.

h.

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

i.

A notarized statement by the applicant indicating that construction of the proposed tower will accommodate a minimum of two additional antenna arrays equal to that submitted by the applicant.

j.

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

k.

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.

l.

A map showing the locations of future towers, structures, or antennae proposed or anticipated by the applicant within the township based on existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.

m.

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

n.

Name and location of communication tower manufacturer.

o.

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.

p.

An annual report of the total radiation output from all channels and all antennae on the proposed tower, including all co-locations.

q.

A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure long-term, continuous maintenance to a reasonably prudent standard.

(3)

Conditions of approval. In granting a conditional use permit, the planning commission may impose conditions that the planning commission determines are necessary to further the purposes of this chapter and/or to minimize any adverse impact of the proposal on adjoining or nearby properties, in addition to the conditions of approval specified in article XXVII of this chapter.

(4)

Factors to consider in granting a conditional use permit. In addition to any standards for consideration of conditional use permit applications contained in article XXVII of this chapter, the planning commission shall consider all provisions of this section, including the following factors, in determining whether to issue a conditional use permit, although the planning commission may waive or reduce one or more of the following criteria if the planning commission determines that the goals of this section are better served thereby:

a.

Height of the proposed tower.

b.

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

c.

Nature of uses on adjacent and nearby properties.

d.

Surrounding topography.

e.

Surrounding tree coverage and foliage.

f.

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

g.

Proposed ingress and egress.

h.

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection (c)(5) of this section.

i.

The design of the proposed structure will accommodate co-location of additional users.

(5)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower or structure, or alternative technology which does not require the use of towers or structures, can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. The township may employ specialized experts to review information and materials submitted by the applicant. The applicant shall incur all costs associated with such review. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any 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. Costs exceeding new tower development are presumed to be unreasonable.

f.

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

g.

The applicant demonstrates that an alternative technology which 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.

(d)

General regulations. Wireless communication towers or structures shall be subject to the following regulations:

(1)

Location of towers or structures.

a.

No single tower shall be located within two miles of another commercial communication tower. This requirement may be waived if the planning commission determines that the tower is of an exceptional design so as to create a positive architectural and/or environmental feature which is compatible with the character of the surrounding area and community. Additional communications apparatus can, however, be located on an existing tower or other structure capable of accommodating such apparatus.

b.

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

c.

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

d.

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

e.

For purposes of measurement, any required tower setback and/or separation distance shall be calculated and applied to facilities located adjacent to municipal and county jurisdictional boundaries.

(2)

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

(3)

Structural design and installation.

a.

The plans for the tower construction shall be certified by a registered structural engineer, and the applicant shall submit verification that the installation is in compliance with all applicable codes. All towers or structures must meet all applicable standards of the Federal Aviation Administration and the Federal Communications Commission.

b.

All towers or structures must meet or exceed current standards and regulations of the FAA, the FCC, and other agency of the state or federal government with the authority to regulate towers, structures, and antennae. If such standards and regulations are changed, then the owners of the towers, structures, and antennae governed by this section shall bring such towers, structures, 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 state or federal agency. Failure to bring towers, structures, and antennae into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

c.

To ensure the structural integrity of towers or structures, the owner of a tower shall ensure that it is maintained in compliance with standards contained in the state construction code and the applicable standards for towers or structures that are published by the Electronic Industries Association, as amended. If, upon inspection, the township concludes 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.

d.

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

e.

Towers or structures with antennae shall be designed to withstand a uniform wind loading as prescribed in the state construction code.

f.

Towers and structures shall be subject to any state and/or federal regulations concerning nonionizing 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.

g.

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.

h.

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

i.

All communications tower operators shall be required to provide an annual report of total radiation output from all channels and all antennae on the tower, including all co-locators, from an independent contractor as recommended by the township engineer or its designee. The report shall contain any and all information deemed necessary by the planning commission.

(4)

Lighting. Towers or structures shall not be artificially illuminated.

(5)

Height. Towers and structures 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.

(6)

Design.

a.

Except as otherwise provided herein, all towers shall be of monopole design and 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.

(7)

Fencing and landscaping. 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. Specifications for spacing and plant materials shall be as set forth in section 36-706. 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 or structures 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 subsection.

(8)

Employees. 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.

(9)

Site plan required. The applicant shall submit a preliminary and final site plan in accordance with article XXVIII of this chapter, and including details of tower lighting required and approved by the Federal Aviation Administration.

(10)

Franchises. Owners and/or operators of towers, structures, or antennae shall certify that all franchises required by law for the construction and/or operation of a wireless communication system have been obtained and shall file a copy of all required franchises with the township prior to final site plan approval.

(11)

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

(12)

Non-essential services. Towers, structures, 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.

(13)

Cessation of operation. The township shall condition approval of any new tower subject to the removal of said tower, including all structural components of the tower above and below ground, within 180 days 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 the ordinance from which this chapter is derived, that is not operated for a continuous period of 180 days shall be deemed abandoned. Failure to remove an abandoned antenna or tower within 60 days of receipt of a notice from the township requesting such removal shall be grounds for the township to remove the tower or the antenna at the tower and/or property 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.

(14)

Division of property prohibited. The division of property for the purpose of locating a facility is prohibited unless all requirements of the township ordinances are met.

(15)

Facility not to be used for advertising. The facility shall not be used for advertising purposes and shall contain no signs or lighting except to identify the provider and emergency telephone numbers and as may be required by the FAA.

(16)

Security. In order to ensure removal of the wireless communication structure, in the event of abandonment or cessation of operation, the planning commission may require that security be posted at the time a building permit is obtained for uses as specified in the conditional use permit in an amount sufficient to guarantee that the applicant shall perform the terms and conditions of the conditional use permit.

The application shall include a description of the security to be posted at the time of receiving a building permit for the facility to ensure removal of the facility when it has been abandoned or is no longer used, as provided herein. The security shall be in the form of cash, surety bond, or letter of credit, together with an agreement in the form approved by the township providing for removal of the facility as described herein. The provider shall submit an estimate of the cost of removal of the facility, certified by a licensed engineer for the township's use in determining the security to be posted.

(Ord. of 7-22-2013, § 60.23)

(a)

Purpose.

(1)

The purpose and intent of the sections of this chapter pertaining to the regulation of sexually oriented businesses is to uphold community standards by regulating the location and operation of, but not to exclude, sexually oriented businesses within the township. It is also the intent to prevent crimes, protect the township's retail trade, maintain property values, and generally protect and preserve the quality of the township's neighborhoods and commercial districts, and the quality of life within the township, all of which have been demonstrated to be adversely impacted by the secondary effects of sexually oriented businesses. It is not the intent to suppress the free expression of views or further the guarantees of the First Amendment to the United States Constitution. Neither is it the intent of this chapter to legitimize activities which are prohibited by township ordinances or state or federal laws.

(2)

If any portion of this chapter relating to the regulation of sexually oriented businesses or referenced in those sections is found to be invalid or unconstitutional by a court of competent jurisdiction, the township intends said portion to be disregarded, reduced, and/or revised so as to be recognized to the fullest extent possible by law. The township further states that it would have passed and adopted what remains of any portion of this chapter relating to regulation of sexually oriented businesses following the removal, reduction, or revision of any portion so found to be invalid or unconstitutional.

(b)

Definitions. The following are definitions of terms relevant to the determination of a sexually oriented business:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations or media which depict or describe specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of the material identified in subsections (1) and (2) of this definition, and still be categorized as an adult bookstore or adult video store. The sale of such material shall be deemed to constitute a principal business purpose of an establishment if it comprises 35 percent or more of sales volume or occupies 35 percent or more of the floor area, or constitutes 35 percent of visible inventory within the establishment.

Adult cabaret means a nightclub, bar restaurant, or similar commercial establishment that regularly features any of the following:

(1)

Persons who appear in a state of nudity;

(2)

Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;

(3)

Films, motion pictures, videocassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(4)

Persons who engage in lewd, lascivious, or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.

Adult motel means a hotel, motel, or similar commercial establishment that:

(1)

Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way that advertises the availability of any of the above;

(2)

Offers a sleeping room for rent for a period of time that is less than 12 hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 12 hours.

Adult motion pictureand/ordrive-in theater means a commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, videocassettes, slides, other photographic reproductions or visual media that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Nude model studio means any place where a person who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, but does not include an educational institution funded, chartered, or recognized by the state.

Nudity or a state of nudity means knowingly or intentionally displaying, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. The term "nudity" does not include any of the following:

(1)

A woman's breastfeeding of a baby, whether or not the nipple or areola is exposed during or incidental to the feeding.

(2)

Material as defined in section 2 of Public Act No. 343 of 1984 (MCL 752.362).

(3)

Sexually explicit visual material as defined in section 3 of Public Act No. 33 of 1978 (MCL 722.673).

Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity.

Sexually oriented business means a business or commercial enterprise engaging in any of the following:

(1)

Adult arcade;

(2)

Adult bookstore or adult video store;

(3)

Adult cabaret;

(4)

Adult motion picture theater;

(5)

Adult theater;

(6)

Escort agency;

(7)

Nude model studio; and

(8)

Sexual encounter center.

Specified anatomical areas are defined as:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock, anus, and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernably turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

(c)

Conditional use established. Sexually oriented businesses shall be established as a conditional use in the GC districts only.

(d)

Standards and additional requirements.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

a.

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

b.

"No alcoholic liquors of any type are permitted within the premises unless specifically allowed pursuant to a license duly issued by the Michigan Liquor Control Commission."

(8)

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

(9)

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

(10)

All off-street parking areas shall comply with article XXV of this chapter and shall additionally be illuminated during all hours of operation of the sexually oriented business, and until one hour after the business closes.

(11)

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

a.

Is handicap accessible to the extent required by the Americans with disabilities act.

b.

Is unobstructed by any door, lock or other entrance and exit control device.

c.

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

d.

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

e.

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

(e)

Appeal to zoning board of appeals; sexually oriented business.

(1)

If the planning commission denies a site plan, application for a conditional use permit, or both for a sexually oriented business, the applicant shall be entitled to prompt review by the township zoning board of appeals upon written request to the zoning administrator. The zoning board of appeals shall convene a meeting within 30 business days of the zoning administrator's receipt of the applicant's request for review of the planning commission decision. The zoning board of appeals shall review the record of the proceedings conducted before the planning commission and determine whether:

a.

The planning commission's decision was based upon competent material and substantial evidence; and

b.

The planning commission's decision complies with the procedural requirements of this chapter and with state and federal law.

The zoning board of appeals shall have all of the powers of the planning commission in reviewing the decision.

(2)

Within seven days of the hearing by the zoning board of appeals on the applicant's request for review of the planning commission decision, the zoning board of appeals shall issue a written decision either wholly or partially affirming, reversing, or modifying the planning commission's denial and stating the grounds thereof. Failure to issue a decision within said period shall result in the approval of the matter appealed. If the zoning board of appeals affirms the planning commission's denial of a special use permit application to operate a sexually oriented business, the applicant may file an appeal in the county circuit court in accordance with section 606 of Public Act No. 110 of 2006 (MCL 125.3606). Alternatively, upon written request from the applicant to the zoning administrator, the township shall, within seven business days of its receipt of such written notice, do the following:

a.

File a petition in the county circuit court seeking a judicial determination with respect to the validity of such denial and, in connection therewith, file a motion for a preliminary and permanent injunction restraining the applicant from operating the sexually oriented business in violation of this chapter.

b.

Request that the motion for issuance of a preliminary injunction be set for a show-cause hearing within five business days or as soon thereafter as is possible after the filing of such petition. In the event the applicant appears at or before the time of such show-cause hearing, waives the notice otherwise provided by Michigan Court Rules, and requests that at the time set for such hearing the court proceed to hear the case under applicable rules of civil procedure for the issuance of such permanent injunction on its merits, the township shall be required to waive its motion for preliminary injunction and shall join in such request. In the event that applicant does not waive notice and/or does not request an early hearing on the township's motion for permanent injunction, it shall nevertheless be the duty of the township to seek the earliest possible hearing date under state law and the Michigan Court Rules.

The filing of written notice of intent to contest the zoning board of appeals' denial of a special use permit shall not in any way affect the validity of such denial, but such denial shall be deemed invalid and the special use permit application or site plan automatically approved if, within five business days of the filing of township's petition, a show-cause hearing has not been scheduled.

(Ord. of 7-22-2013, § 60.24)

(a)

Landscaping shall be provided as a part of site plan or subdivision design. Landscaping shall be considered as the organization of outdoor space and shall be treated as a design element as important as building placement and vehicular circulation. The landscape plan shall be designed to achieve the following purposes:

(1)

To integrate the various elements of the site.

(2)

To preserve and enhance the identity of the site.

(3)

To improve and enhance the character of the site; to screen or filter views, where necessary; to help unify the various parts of the site; blend inharmonious land uses; and buffer incompatible uses.

(4)

To define and articulate outdoor and architectural space.

(5)

To control soil erosion; moderate harsh or unpleasant sounds; remove air pollutants; control glare and reflection; and slow the effects of erosive winds or water and promote stormwater retention, thereby helping to prevent flooding; and to block, divert, or channel winds.

(6)

To moderate the effects of climate and to create a more desirable microclimate.

Landscaping may include plant materials such as trees, shrubs, ground covers, perennial and annual plants, landscape elements, such as rocks, water features, fences, walls, decorative landscape paving materials, and site lighting; and site furnishings such as benches, drinking fountains, trash receptacles, and planters.

(b)

All parts of a site that will not be covered by buildings or other structures, streets, driveways, parking lots, or other paved areas, or planting beds, shall be stabilized with grass or ground covers. Margins between sidewalks and streets, islands in parking lots, medians in boulevard streets or driveways, and similar areas, shall be landscaped. The surfaces of islands and medians shall be stabilized with grass, ground covers, low growing shrubs, or an approved mulch material.

(c)

Landscape plans should be prepared by a registered landscape architect and shall provide the following information:

(1)

Existing and proposed topography, by contours, correlated with the grading plan.

(2)

Location, type, size, and condition of existing plant materials to be saved, moved, or removed; proposed means of protecting existing plant materials during construction.

(3)

Location of proposed plant materials; a planting list of proposed materials, showing sizes, height, quantity, botanical and common names, spacing, and root type (bare root or balled and burlapped).

(4)

Location of all proposed improvements, as shown on the site plan.

(5)

Sections, elevations, plans, and details of landscape elements, such as berms, walls, ponds, retaining wall, and tree wells.

(6)

Proposed planting dates.

(7)

Irrigation system plan for watering and draining landscape areas.

(8)

Planting and staking details, in text or graphic form, explaining the method of installation, type and depth of mulch, and any special planting requirements.

(d)

Plant materials shall be installed according to acceptable planting procedures. All plant materials shall be maintained in a healthy and growing state. All landscape elements such as, but not limited to, fences, screens, walls, or lighting shall be kept in good repair. All landscaped areas shall be maintained by pruning, trimming, weeding, and clearing of undergrowth, fertilizing, and watering at intervals necessary to promote optimum growth and health. Materials that are unsightly, dead, dying, or that become unhealthy because of damage, neglect, drainage problems, disease, insect infestation, or other causes shall be replaced. Replacement shall take place within one year of the damage, or the next planting period, whichever occurs first. Replacement materials shall meet all standards of the original installation. All landscaped areas shall be provided with a readily available and acceptable water supply. Newly planted materials shall be regularly watered until established. The property owner, tenant, and their agent, if any, and any homeowners' or condominium association, if any, shall be jointly and severally responsible for maintenance of landscaped areas.

(e)

Plant materials shall meet the following standards:

(1)

Plant and grass materials shall be of acceptable varieties and species, hardy in the county, and shall conform to the current minimum standards of the American Association of Nurserymen, and shall have passed any inspections required under state or federal regulations.

(2)

No plant materials used to satisfy these standards shall be comprised of non-living materials, such as petrochemical plants.

(3)

No plant materials shall be used that are classified as non-native and considered an invasive species by the county soil conservation district.

(4)

Canopy (deciduous) trees shall be species having an average mature crown spread greater than 15 feet and a mature height of 40 feet or more in the county and having trunks that can be maintained with over five feet clear stem if conditions of visibility require, except, however, at street intersections, where at least eight feet stem clearance will be required. Deciduous tree species shall be a minimum of ten feet overall height and a minimum caliper of 2.5 inches, measured 12 inches above the ball, immediately after planting. Required street trees in residential developments shall be a minimum of ten feet overall height and two inches caliper.

(5)

Evergreen trees shall be a minimum of six feet high with a minimum spread of three feet and a burlapped ball size at least ten times the caliper immediately after planting.

(6)

Evergreen and deciduous shrubs shall be a minimum of two feet high, measured immediately after planting, or two feet in spread if the plants are low growing evergreens.

(7)

Ground covers shall be planted in such manner as to present a finished appearance and reasonably complete coverage after one complete growing season, at a rate of at least three plants per square foot.

(8)

Lawn grass shall be planted in species normally grown as permanent lawns in the county. Grass may be plugged, sprigged, seeded, or sodded, except that rolled sod, erosion reducing net, or suitable mulch shall be used in swales or other areas subject to erosion and shall be staked where necessary for stabilization. When complete sodding or seeding is not used, nursegrass seed shall be sown and mulched for immediate protection until permanent coverage is achieved. Grass sod and seed shall be free of weeds and noxious pests or diseases.

(9)

All plant materials shall be disease and pest free at the time of planting, and shall not be of a species that is known to carry or be a host to destructive pathogens or pests.

See section 36-723 for additional standards for plant materials.

(f)

Landscape elements shall meet the following standards:

(1)

Berms shall be constructed with slopes no greater than one foot vertical for each three feet, with at least a two-foot-wide generally flat top. Adequate protection against erosion shall be provided. Berms shall be designed and constructed to appear as natural features in the landscape in the vicinity. Uniform heights and shapes should be avoided. If a slope greater than one on three is necessary, the surface shall be planted with a ground cover that is suitable for stabilizing the surface.

(2)

Mulching material for planted trees, shrubs, and vines shall be a minimum of four-inch deep shredded hardwood bark. Decorative materials, such as stonechips, woodchips, mulch, or cobblestones, within planting beds and areas shall be placed on a permeable landscape fabric that allows passage of water and air to the soil below. Polyethylene or plastic films shall not be used for this purpose.

(3)

Walls shall be constructed of stone, brick, or similar materials. Fences for landscaping purposes shall be constructed of wood. Chainlink or other metal fences shall not be used for landscaping purposes. Walls and landscape fences shall be correlated with buildings, in terms of design and materials, and with the character of the site.

(4)

Decorative, landscaping paving materials shall be installed in a manner that will either contrast with or complement the other landscape elements and plant materials.

(g)

Topsoil removed during construction shall be stockpiled in an appropriate manner to prevent erosion, and shall be redistributed on regraded surfaces to be landscaped, to provide a minimum of four inches of even cover. The topsoil shall then be permanently stabilized by grass, ground cover, or other plantings.

(h)

All stumps and other tree parts, litter, brush, weeds, excess or scrap construction materials, or other debris shall be removed from the site and disposed of according to law. No tree stumps, or portions thereof, or tree limbs shall be buried on the site. Dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may be used on the site as a mulch, surface for paths, or similar purposes, only if the plants were free of disease prior to removal.

(i)

Healthy plant materials existing on a site prior to its development shall be incorporated into the landscape plan if such materials meet the standards of the township. The planning commission shall require that such existing materials be inspected by the township's director of building and zoning and/or his designee before accepting them as part of the landscape plan. The planning commission may require the saving of significant existing plant materials based upon their determination that a reasonable layout is possible incorporating those materials. Significant materials shall be defined as those not readily replaceable by virtue of their size, species, variety, shape, or location and may include significant wildlife habitats. For existing plant materials to be saved, the planning commission shall require that approval of the township's director of building and zoning and/or his designee be obtained before any limb removal, root pruning, or other work is done. Plant materials to be saved shall be protected from construction activities. Fencing or other barriers shall be placed no closer to the tree or shrub than its dripline. Areas to be protected shall be staked. Barriers shall not be supported by the trees or shrubs they are protecting, and shall be of a durable material that will provide the intended protection until construction is completed. No vehicle or other construction equipment, and no soil deposits or any material, may be parked or stored within the driplines of such trees or shrubs unless wells or other devices, as included in the approved landscape plan, are used to protect the plant materials. If any plant material to be saved is cut down, destroyed, or damaged, or excavated behind the dripline, the contractor or property owner shall replace them or provide a performance guarantee of an equivalent amount plus ten percent administrative fees for later replacement. Equivalent amounts shall be determined from the Michigan Shade Tree Evaluation Chart or other recognized publication. The performance guarantee may be used by the township to replace such materials.

(j)

Recommended planting dates are March 1 to May 15 for all materials, and October 15 to December 15, weather permitting, for deciduous materials. Plantings outside these dates shall have prior approval by the township's director of building and zoning and/or his designee, and might require special treatment, such as extra watering or mulching or wax, to increase survival potential. If plantings are not installed prior to issuance of temporary certificates of occupancy, performance guarantees will be required, as provided in the zoning and subdivision ordinances and these standards.

(k)

Landscaping operations shall not damage any utility or interrupt any utility service, and shall not damage or litter adjacent property, public streets, or sidewalks. All debris shall be promptly removed from the site as required by law.

(l)

Trees or shrubs shall not be planted in any way that will interfere with or cause damage to utility lines, public streets, or other public facilities. Species of trees whose roots are known to cause damage to streets, sidewalks, utility lines, or other public facilities; are brittle; are particularly susceptible to insect damage or disease; or are short lived should not be used in any required landscaped area.

(m)

Each landscape area within a parking area or parking lot shall be adequately planted and maintained and shall be located in such a manner as to promote the following:

(1)

Divide and break up the expanse of pavement.

(2)

Define parking areas.

(3)

Designate areas for vehicular circulation.

(4)

Separate parking lots from streets and off-street parking.

At least one canopy tree shall be provided for each eight parking spaces or a fraction thereof in all commercial, industrial, office, warehouse and residential developments. The planning commission may require more or larger landscaped areas, or more plant materials, or any combination thereof, than required in this section, if, as a result of the commission's findings, the nature or concept of the proposed development, relation to existing natural features, or relation to neighboring properties indicate a need for such additional landscaping.

(n)

A mixture of plant materials (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. The following list illustrates plant and landscape materials that are acceptable for use in the township:

(1)

Evergreen trees. When used for screening purposes, evergreen trees shall not be spaced more than 12 feet on center. Plantings in two or more rows, on staggered centers, may be required for adequate screening.

(2)

Narrow evergreen trees. When used for screening purposes, narrow evergreen trees shall not be spaced more than five feet on center. Plantings in two or more rows, on staggered centers, may be required for adequate screening.

(3)

Large deciduous trees (used for required canopy trees). See note 3. When used for screening purposes, large deciduous trees shall be planted not more than 25 feet on center. Plantings in two or more rows, on staggered centers, may be required for adequate screening.

(4)

Small deciduous tree (ornamental). When used for screening purposes, small deciduous trees shall not be planted less than 12 feet on center. Plantings in two or more rows, on staggered centers, may be required for adequate screening.

*Specimen trees best suited to selected soils and sheltered areas. Not recommended as street trees.

(5)

Large evergreen shrubs. When used for screening purposes, large evergreen shrubs shall be planted not more than four feet on center. Plantings in two or more rows, on staggered centers, may be required for adequate screening.

(6)

Small evergreen shrubs. When used for screening purposes, small evergreen shrubs shall be planted not more than four feet on center. Plantings in two or more rows, on staggered centers, may be required for adequate screening.

(7)

Large deciduous shrubs. When used for screening purposes, large deciduous shrubs shall not be spaced more than four feet on center. Plantings in two or more rows, on staggered centers, may be required for adequate screening. Border privet shall be on two-foot centers and tall hedge shall be on three foot centers.

(8)

Small deciduous shrubs. At time of planting, small deciduous shrubs shall not be less than 24 to 30 inches in spread if they have a spreading form or 24 inches in height if they have an upright form.

(9)

Ground cover. Ground cover may be planted bare root by flats at appropriate planting time or in two gallon containers.

(10)

Vines. Vines may be planted in intervals of four feet on center for wall surfaces or to obtain 80 percent opacity within three years of planting.

Notes:

a.

Caliper readings on main stem 12 inches above ground on trees only.

b.

Where plants are placed in two or more rows, plantings may be staggered in rows.

c.

Trees not suggested for use: Box elder, catalpa, silver maple, poplar, elm, horse chestnut (nut bearing), jack pine, willow, tree of heaven.

(Ord. of 7-22-2013, § 60.25)

(a)

Purpose. This section is designed for the management and preservation of natural features within the township and to protect the natural features from destruction and misuse; to prescribe the powers, duties and functions of the township planning commission and/or township board; to establish design standards, specifications, and submittal requirements. The preservation of natural resources is essential to maintain the character and quality of life for the current and future residents of the township; and for the remaining public who may work in the township or for those who may visit the township to participate in recreational or other activities. The purpose of this section is to assist the township planning commission, and/or township board applicants, reviewers and the general public in the identification and preservation of natural features on sites being developed in the township.

(b)

Natural features.

(1)

For the purpose of this chapter, the term "natural features" includes the following:

a.

Wetlands.

b.

Watercourses.

c.

Floodplains.

d.

Woodlands.

e.

Landmark trees.

f.

Steep slopes.

g.

Habitat of threatened or endangered species.

h.

Groundwater recharge areas.

(2)

Federal, state and local governments have laws, rules and regulations governing natural features which often require licenses, permits, or approvals for development in (or affecting) these natural features, which may change from time to time. Licenses, permits or approvals required by, and obtained from, the township shall not relieve a person of the need to obtain applicable licenses, permits or approvals from other applicable jurisdictions; nor shall the issuance of licenses, permits or approvals from applicable jurisdictions relieve a person of the need to obtain licenses, permits or approvals required by the township.

(3)

For projects that require site plan review or plat approval, the applicant will be required to do the following:

a.

Natural features determination. Determine the nature and extent of natural features existing on the site. This determination can be made by outside professional consultants retained by the applicant. Township staff and the planning commission will confirm these determinations during the review process. This determination shall be part of the preliminary site plan or preliminary plat (tentative approval) processes.

b.

Preparation of required plans. This chapter specifies what information must be shown on plans submitted for township planning commission review. Prior to submitting a plan, the applicant should meet with township staff to review the proposed site layout and consider suggestions for complying with township requirements. In addition, applicants may wish to consult with experts on questions regarding the type, extent, quality, and management needs of natural features, and on the impacts of various design approaches on these features.

c.

Plan submission. Once the applicant submits the required plans and supporting information and pays the necessary fees, the proposal will be scheduled for township planning commission review. When at least one natural feature is determined to exist on a site, a natural features impact statement must be provided as part of the preliminary site plan, preliminary plat (tentative approval) process, or PUD application.

d.

Natural features impact statement. A Natural Features Impact Statement will contain the following information:

1.

Site inventory map. This map must clearly show the locations and types of existing natural features both on the site and, where possible, those within a region 100 feet beyond the property lines. The drawing should delineate edges of woodlands and wetlands, show watercourse streambanks, floodways, floodplains, and steep slopes. For the area of disturbance and, where possible, 100 feet beyond those limits, a tree survey shall be required, which must be prepared and certified by a qualified licensed professional. The tree survey shall identify all deciduous trees six inches DBH, using numbered dots, with an accompanying database table of corresponding species, size listings, and designation for preservation or removal. Landmark trees as defined herein shall be tagged and tabulated as such. The site inventory and tree survey shall contain a written description of the quality, character and health of the natural features.

2.

Natural features preservation plan. This plan must delineate natural features to be retained on the site or excluded from development. Lines should show the limits of soil disturbance expected on the site. Protective measures, such as barrier fencing, restrictions on traffic and storage of materials under trees, soil erosion control measures, etc., are also to be shown on site plan submissions.

3.

Alternatives analysis. When the proposed development will disturb or destroy natural features existing on the site, the statement must include an explanation of the alternative approaches and designs that were considered in arriving at the design proposed, in an effort to minimize disturbance to natural features on the site and a written justification as to why the design proposed must cause the degree of disturbance to natural features planned, and explaining how the mitigation proposed is the best course of action.

(c)

Wetlands.

(1)

Key facts.

a.

Wetlands are indispensable fragile resources that provide many public benefits, including maintenance of water quality through nutrient cycling and sediment trapping as well as floodwater and stormwater runoff control through temporary water storage, slow release, and groundwater recharge. In addition, wetlands provide open space; passive outdoor recreation opportunities; fish and wildlife habitat for many forms of wildlife, including migratory waterfowl, and rare, threatened or endangered wildlife and plant species; and pollution treatment by serving as biological and chemical oxidation basins.

b.

Preservation of the remaining township wetlands in a natural condition is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents of the township and therefore a policy of no net loss of wetlands is established.

(2)

Wetland delineation process.

a.

Prior to the approval of any land development for a property containing any suspected wetland, the applicant shall be required to provide a wetland delineation as part of the review process. To establish actual wetland boundaries on a property, the applicant shall provide a survey or dimensional site plan, drawn at an appropriate scale, showing property lines, buildings and any points of reference along with the wetland boundaries.

b.

A wetland delineation shall also include, but not be limited to, the following information: dominant tree, sapling, shrub and herb vegetation; presence or lack of accepted wetland hydrology indicators; analysis of soil including a description of the soil profile to at least 20 inches and comparison to county soil survey and maps of the wetlands mapped.

(3)

Protected wetlands. The following wetlands shall be subject to planning commission review:

a.

All wetlands, regardless of size, which are contiguous to any lake, stream, river, or pond, whether partially or entirely contained within the project site.

b.

Wetlands, regardless of size, which are partially or entirely within 500 feet of the ordinary high water mark of any lake, stream, river or pond, unless it is determined by the MDEQ that there is no surface water or groundwater connection between the wetland and the water body.

c.

Wetlands which are larger than five acres, whether partially or entirely contained within the project site, and which are not contiguous to any lake, stream, river, or pond.

d.

Wetlands, regardless of size, which are not contiguous to any lake, stream, river, or pond, if the MDEQ determines the preservation of the wetland is essential to the preservation of the natural resources of the state from pollution, impairment or destruction.

(4)

Review of wetlands within proposed development.

a.

In the planning commission's review of wetlands, the following shall be considered:

1.

The site supports state or federal endangered or threatened plants, fish, or wildlife appearing on a list specified in section 36505 of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.36505), previously section 6 of the endangered species act of 1994, Act No. 203 of the Public Acts of 1974, being section 299.226 of the Michigan Compiled Laws.

2.

The site represents what is identified as a locally rare or unique ecosystem.

3.

The site supports plants or animals of an identified local importance.

4.

The site provides groundwater recharge documented by a public agency.

5.

The site provides flood and storm control by the hydrologic absorption and storage capacity of the wetland.

6.

The site provides wildlife habitat by providing breeding, nesting, or feeding grounds or cover for forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.

7.

The site provides preservation of subsurface water resources and provision of valuable watersheds and recharging groundwater supplies.

8.

The site provides pollution treatment by serving as a biological and chemical oxidation basin.

9.

The site provides erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.

10.

The site provides sources of nutrients in water food cycles and nursery grounds and sanctuaries for fish.

b.

Activities permitted within wetlands. In the planning commission's review of wetlands, certain activities may be allowed within the wetland, including the following:

1.

Fishing, swimming, boating, canoeing, hiking, horseback riding, bird watching, or other similar recreational activities which do not require alteration of wetland vegetation or grading of soils.

2.

Grazing and/or watering of animals.

3.

Education, scientific research, and nature study.

4.

Uses which are exempt under section 30305 of the natural resources and environmental protection act (MCL 324.30305) (previously section 6 of Act 203 of the Public Acts of 1979, as amended).

c.

Activities prohibited without first obtaining development approval by the planning commission include:

1.

Depositing or permit to be deposited any material or structures into any portion of a parcel with wetland characteristics prior to applicable review by the planning commission when part of a site plan or plat review.

2.

Removing or permit to be removed any soil from any parcel with wetland characteristics prior to applicable review by the planning commission when part of a site plan or plat review.

3.

Draining, or causing to be drained, any water from a parcel with wetland characteristics prior to applicable review by the planning commission when part of a site plan or plat review.

4.

Filling or enclosing any ditch which would result in a significant reduction of a stormwater absorption and filtration into the ground or would otherwise negatively impact the existing wetland.

5.

Wetland mitigation and restoration.

d.

Findings that wetland loss is unavoidable. Mitigation shall not be considered a substitute for making all prudent attempts to avoid wetland impacts. Prior to considering a proposal for wetland mitigation, the planning commission must find all of the following:

1.

All feasible and prudent efforts have been made to avoid the loss of protected wetland.

2.

All practical means have been considered to minimize protected wetland impacts.

3.

It is practical to replace the protected wetland, which will be unavoidably eliminated.

4.

Alternatives for preserving protected wetlands and watercourses have been evaluated and found to be impractical, inappropriate, or ineffective.

To ensure no net loss of wetlands takes place in the township, mitigation shall be required in instances where there are accepted losses of wetland resources.

e.

Criteria for approving proposals for wetland mitigation include:

1.

The mitigation plan provides for the substantial replacement of the predominant functional values of the protected wetland to be lost.

2.

The mitigation plan provides for no net loss of protected wetland resources and watercourses.

3.

Mitigation shall be provided on site where practical and beneficial to the wetland resources. If mitigation on site is not practical and beneficial, then mitigation in the immediate vicinity, within the same watershed, of the permitted activity may be considered.

4.

The mitigation plan will comply with all applicable federal, state, and local laws.

f.

Other mitigation requirements. Wetland mitigation and monitoring plans shall become conditions as part of the development approval and shall be the responsibility of the applicant.

1.

Financial assurances that mitigation is accomplished as specified within the development submittal may be required by the planning commission.

2.

Any mitigation activity shall be completed before initiation of other permitted activities, unless a phased concurrent schedule can be agreed upon between the planning commission and the applicant.

(5)

Wetland use conditions.

a.

The planning commission may attach any reasonable conditions considered necessary to minimize or mitigate damage or impairment to, encroachment in, or interference with, wetlands or to otherwise improve or maintain water wildlife quality. These conditions include, but are not be limited to, the following:

1.

Prior to the commencement of construction of any structure, building, or any land alteration on a site in any zoning district that contains a wetland or where the site abuts, adjoins, or is adjacent to a wetland, a permanent setback shall be established. The purpose of the setback is to preserve the existence of wetlands to prevent their pollution or contamination; minimize their disturbance and disturbance to the natural habitat therein; and prevent damage from erosion, siltation, and flooding. The setback shall run parallel to the edge of a wetland and shall be of a width determined as follows:

(i)

A 25-foot setback from the boundary or edge of a wetland, determined in accordance with part 303 of the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.30301 et seq.), and the Administrative Rules thereunder, as amended.

(ii)

A 25-foot setback from the ordinary high water mark of a watercourse.

2.

The setback shall remain permanently undisturbed and in its natural condition with natural vegetation for the following purposes:

(i)

To serve as an essential component of the general welfare by maintaining natural beauty, recreation, and irreplaceable natural heritage;

(ii)

To provide for the preservation and proper maintenance in order to minimize disturbance to wetlands and to prevent damage from erosion and siltation, a loss of wildlife and vegetation, and/or from the destruction of the natural habitat;

(iii)

To provide for the continuity of ecological systems designed to protect existing wildlife habitats; and

(iv)

To provide for the paramount public concern for these natural resources in the interest of the health, safety and general welfare of the residents of this township, in keeping with article IV, section 52 of the Michigan Constitution of 1963, and the intent of the Michigan natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.101 et seq.).

3.

All buildings shall be set back a minimum of 50 feet from the edges of wetlands determined as provided in section 36-705.

b.

Exemptions. If and to the extent the township is prohibited by its ordinances and/or law from regulating wetland and watercourse natural features setbacks, regulation under this section shall be exempt. In addition, the following activities shall be exempt from regulation under this section; provided, it is not the intent of this provision to exempt regulation by other ordinance provisions relative to the natural feature itself:

1.

Installation of a fence within a setback area.

2.

Maintenance of previously established lawn areas.

3.

Grading and filling necessary in order to conform with express requirements recommended by the township engineer.

4.

Planting of trees and other vegetation, but not the use of fertilizer.

(d)

Watercourses.

(1)

Key facts.

a.

Watercourse refers to any water feature that is confined to banks and includes lakes, ponds over five acres, and channelized flows, such as rivers and drains. Watercourses can be damaged during development activities by altering the natural features surrounding the watercourse, and by the contribution of sediments and contaminants. Preservation of slopes, woodlands, and wetlands adjacent to watercourses combined with land use planning to reduce stormwater runoff are essential in maintaining appropriate water quality and quantity. The township seeks to preserve the existing natural watercourses and encourages the restoration of damaged watercourses.

b.

All watercourses are important to protect. Tolerance for soil erosion on any construction site in or near any watercourse is low. Special, effective soil erosion and flood preservation techniques must be devised and implemented during and after construction according to applicable governmental regulations. Every development project should evaluate the potential damage to nearby watercourses during the design, construction, and implementation phases to minimize problems associated with surplus stormwater, sedimentation, and contamination.

c.

The surface hydrology of the township results from the glacial landforms present, and the soil characteristics. The morphology of stream channels depends upon the type and permeability of the soil, the vegetative cover, and the slope of the land adjacent to the watercourse. Channel shape can be altered by an increase in stormwater runoff from impervious surfaces, so extreme care should be taken to ensure that the quantity of water flowing to the channel does not exceed the physical ability of the stream to absorb the flow. Development projects should be reviewed in the context of both the stream channel and the watershed.

d.

Urbanized aboveground watercourses are ones that no longer have much of a natural character, but which nonetheless have not been dumped into a storm drain beneath the ground. These watercourses may or may not have other important natural features surrounding them.

e.

Underground (piped) watercourses are directly related to major storm drains and are often quite easy to find either by following valleys or by observing where flooding occurs after storm events. This potential for flooding is a major concern, and development projects must be designed to minimize the potential for flooding. An additional concern is the potential for increased flow to the watercourse, which may increase erosion and result in physical alteration of the watercourse (refer to the rules of the county drain commissioner).

f.

Construction of structures within a watercourse is regulated by both federal and state statutes and may require a permit from either the United States Army Corps of Engineers or the state department of environmental quality.

(2)

Identification. Watercourses may be identified by field observation, on United States Geological Survey Topographic Maps, and/or aerial photographs. Many watercourses are clearly delineated on flood insurance rate maps produced by the Federal Emergency Management Agency. However, some small features may be difficult to locate using maps and may require field observation for identification. Watercourses should be identified as the top of the bank of the channel carrying water or as the ordinary high water mark line of a pond. Watercourses may be associated with other valuable natural features, such as woodlands and wetlands.

(3)

Preservation and restoration strategies.

a.

Efforts will be made to preserve watercourses in a natural state. Stormwater and sedimentation can damage the watercourse. Controlling stormwater in watersheds will ensure that watercourses are not damaged and eroded during storm events. Development options should be explored that will reduce the adverse impact of both stormwater and sedimentation.

b.

The following watercourses will be preserved by any development proposal:

1.

O'Connor Drain;

2.

Horseshoe Lake Drain;

3.

Grove and Horseshoe Lake Drain;

4.

Mauer Drain;

5.

McCarty Drain;

6.

Clement Drain;

7.

Catholic-Church Drain;

8.

Watercourses with natural areas around them, such as wetlands or woodlands;

9.

Watercourses integrated into steep terrain; and

10.

Watercourses still flowing in natural channels.

When the watercourses listed in this subsection (b) are located on a project site, efforts must be made during the design phase to ensure that these watercourses and adjacent setback areas are protected.

c.

A permanent setback strip, vegetated with natural plant species, will be maintained or restored within a 25 feet setback from the high water mark of any watercourse. Buildings and construction activity should be setback at least 50 feet from the high water mark of any watercourse. This setback is provided to ensure that on-site runoff into a watercourse is filtered naturally and to maintain a corridor for wildlife along stream ways. When watercourses are crossed, effort must be made to ensure that the crossing occurs at a location where there is least potential for physical, scenic, and biologic impact upon the watercourse and its surrounding natural features. Crossing locations should be kept to the minimum necessary to provide access.

d.

Whenever possible, development projects should incorporate restoration of these watercourses and associated natural features. Efforts to control erosion, sedimentation and contamination problems is required, as is the connection of natural corridors across properties.

e.

The planning phase of the project should recognize that underground (piped) watercourses are connected to surface drains and must address stormwater and peak flow rates through these watercourses. Restoration of the surface watercourse is desirable, and these efforts may assist in stormwater control.

(4)

Mitigation. Not applicable.

(e)

Floodplains.

(1)

Key facts.

a.

Floodplains serve to minimize damage to land and water resources because of their capacity to store water. Floodplains also protect downstream properties from flooding. In so doing, they control erosion, silting and contamination of water features and aquatic wildlife. Healthy, stable plant life is important in determining a floodplain's capacity and function in slowing, filtering, and cooling water moving through them. Floodplains are not a desirable location for stormwater retention facilities.

b.

Floodplains also may qualify as wetland or watercourse natural features. With watercourses and other surrounding natural features, floodplains serve as vital wildlife reserves and linking corridors for important populations of plants, animals, aquatic organisms, and natural associations.

c.

Natural plant life and landform conditions existing within floodplains are important and require protection from development. They involve native floodplain forest fragments, or native sedge or fen meadows. These areas are not only rich biologically, but provide superb floodplain function. In cases where these habitats exist and are being invaded by exotics, every reasonable effort should be taken to restore the habitat as part of a development proposal.

(2)

Identification. A floodplain is an area that is low-lying, adjoins a lake, stream, river or pond and that receives excess water from flooding. They are also natural flood spaces for stream overflow during intense rainstorms. The 100-year floodplain is the boundary of overflow during a 100-year storm. This means that the likelihood of this storm occurring is one percent during any given year. Unless it can be demonstrated by the applicant that flooding is not relevant, the township requires mapping of 100-year floodplain along watercourses in any development regulated within this section.

(3)

Preservation and restoration strategies. Development regulated within this section shall not occur within the 100-year floodplain.

(4)

Mitigation. Not applicable.

(f)

Woodlands.

(1)

Regulated trees. Individual trees six inches DBH or larger, not otherwise identified as landmark trees or removable trees as defined under subsection (g)(2) landmark tree identification, below shall be considered a regulated tree and must be preserved, replaced, or relocated in accordance with this section.

(2)

Removable trees. Removable trees shall mean those trees designated as being appropriate for removal due to their characteristics, excluding trees qualifying as landmark trees based on their size. Such trees shall be listed by common and botanical name. Such list shall be maintained by the township and shall initially include the following tree species, plus fruit trees in an abandoned orchard and trees that are dead, diseased, or in poor or very poor condition as determined using the current International Society of Arboriculture guidelines. Additional tree species may be added to the list periodically based upon tree diseases and other factors, as determined by the United States Depart of Agriculture, Forestry Division.

(3)

Preservation and restoration. For sites one acre or larger wherein tree removal is proposed, no less than 30 percent of identified regulated and 50 percent of landmark trees shall be preserved "as-is" and protected to the maximum extent during construction.

(4)

Mitigation.

a.

Permit required. Where any protected or landmark tree(s) is/are proposed for removal or relocation, a permit shall be required. Permit applications shall contain the same information required under section 36-723(b)(3), as approved by the planning commission.

b.

Requirement established. In situations where "as is" preservation of natural features is not required by the township planning commission or board of trustees, and mitigation in the form of replacement is permitted under the following mitigation guidelines, a mitigation plan shall be submitted to the township planning commission. A proposed mitigation plan shall be included as part of the site plan or plat and shall include:

1.

A written description of the proposed mitigation program;

2.

Replacement calculations;

3.

Planting plan, showing the location of trees, shrubs, and ground cover;

4.

Planting list, including botanical and common names, caliper sizes, root type and height;

5.

Timing schedule for the implementation of the mitigation measures. For each protected tree identified for removal under the terms and standards set forth within this section, the applicant shall replace or relocate trees according to the replacement tree requirements set forth in the subsection below.

c.

Replacement tree requirements.

1.

Replacement trees shall have shade potential and/or other characteristics comparable to the removed trees, shall be State Department of Agriculture Nursery Grade No. 1 or better, and must be approved by the township prior to planting. Replacement trees must be staked, fertilized, and mulched, and shall be guaranteed for two years.

2.

Trees deemed by the township as suitable for relocation may be transplanted elsewhere on-site using appropriate and accepted procedures and precautions.

3.

Replacement trees shall be provided on a 1:1 basis or as noted in the table below:

4.

Where a valuable native forest fragment must be partly destroyed by development, the balance of the fragment should be actively managed as a natural area to sustain it into the future. This includes the vitally important task of controlling invasive exotics.

5.

If more than 20 replacement trees are required, a mixture of three or more species must be used.

6.

Minimum size of a deciduous replacement tree shall be 2.5" caliper and evergreen tree shall be six feet.

d.

Replacement tree location.

1.

To the extent feasible and desirable, trees shall be relocated or replaced on site and within the same general area as trees removed, provided that survival shall not be jeopardized by improvements or activities.

2.

The planning commission may approve alternative, off-site tree replacement locations/relocations for up to 50 percent of the required replacement amount. Such location(s) must be within publicly held parks, open spaces, or natural areas, subject to approval by the township board of trustees. The developer shall meet the quality, maintenance, and guarantee requirements described in subsection (f)(4)(c) of this section.

3.

If more than 20 replacement trees are required, a mixture of three or more species must be used. Replacement trees required for mitigation purposes may also be counted as trees required for landscape purposes when appropriately located, up to 25 percent of the landscape requirement.

e.

Alternative to replacement. When, in the determination of the planning commission, replacement and/or relocation of regulated or landmark trees is not feasible or an alternative method of mitigation is more desirable, the planning commission may allow the permit holder to deposit into the township tree fund for tree replacement on a per tree amount, representing the current market value for the tree replacement that would otherwise be required. The applicant shall provide the township with a quote from licensed landscaping company on the current market value of the tree. Such value shall include the cost of the tree, the cost of planting, and the cost of a three-year warranty. The township tree fund shall be used for planting trees within the township.

f.

Tree protection during construction.

1.

Placing materials near tree. No person may conduct any activity within the dripline of any protected tree designated to remain, including, but not limited to, placing solvents, building material, construction equipment, or soil deposits within the dripline.

2.

Attachments to trees. During construction, no person shall attach any device to any remaining protected tree except for the protection of a tree in accordance with forestry procedures.

3.

Protective barrier. Before development, land clearing, filling, or any land alteration, the applicant shall erect and maintain suitable barriers to protect remaining trees. Protective barriers shall remain in place until the township authorizes their removal or issues a final certificate of occupancy, whichever occurs first. Wood, metal or other substantial material shall be utilized in the construction of barriers. Barriers are required for all trees designated to remain, except in the following cases:

(i)

Rights-of-way and easements. Street rights-of-way and utility easements may be cordoned by placing stakes a minimum of 50 feet apart and tying ribbon, plastic tape, rope, etc., from stake to stake along the outside perimeters of areas to be cleared.

(ii)

Large, separate areas. Large property areas separate from the construction or land clearing area onto which no equipment will venture may also be cordoned off as described in subsection (f)(e)(4), below.

4.

Trees shall be protected from damage during construction per guidelines provided in United States Department of Agriculture Forest Service, Tree Owner's Manual for the Northeastern and Midwestern United States NA-FR-04-07.

g.

Exemptions. Dead and diseased trees, single-family residential uses on individual established lots in the SR-1, SR-2 and AR districts, farm/farming operations in the AR district, trees located within public rights-of-way and public utility easements, are exempt from the provisions of this section.

h.

Variances. Any request for variance from this section, pertaining to tree removal, tree replacement or other provisions, shall be made to the zoning board of appeals pursuant to the Zoning Ordinance.

i.

Penalties. A violation of this section shall be treated as a violation of the Zoning Ordinance and shall be subject to the same penalty provisions as violations of the Zoning Ordinance. Where it is found that a regulated or landmark tree has been removed without the approval of the township, the applicant shall pay into the township tree fund no less than 200 percent of the replacement value that would have otherwise been applied.

(g)

Landmark trees.

(1)

Identification. Landmark trees are any tree larger than 24 inches in diameter at breast height (DBH) including trees considered as removable tree and any tree of a size listed in the landmark tree list below:

(2)

Replacement. To ensure replacement of existing landmark trees which are damaged, dead or dying as a result of construction activity, the Natural Features Preservation Plan shall include a description of a proposed amount and type of security to be posted. The security shall be in the form of cash, surety bond, or letter of credit, and the amount will be approved by the planning commission. The security shall be provided by the applicant to the township clerk prior to issuance of a certificate of occupancy. Any landmark tree that is determined to be dead, dying or severely damaged due to on-site construction activity within three years after issuance of a certificate of occupancy or final permit approval for development authorized by an approved site plan or plat shall be replaced by the applicant in the amount specified in the requirements for mitigation of landmark trees.

(3)

Mitigation. In general, landmark trees should not be removed for development. Site design should consider any landmark tree on a site an important design element. Removal of landmark trees will be considered only after alternatives are studied and found to be not feasible. Replacement for landmark trees shall be required on a caliper-to-caliper basis. For example, a 24-inch DBH deciduous tree proposed for removal shall be replaced by any multiple of deciduous trees with an aggregate of calipers totaling 24 inches; provided, however, no deciduous replacement tree shall have a caliper less than 2.5 inches. If any portion of this Ordinance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of any other portion of this Ordinance.

(h)

Steep slopes.

(1)

Key facts. Steep slopes are prone to erosion if the vegetation on them is disturbed, or if surface runoff is directed toward them. As a result, disturbed slopes often result in siltation of a watercourse or disturbance to land below.

(2)

Identification. Slopes in excess of 12 percent shall be protected.

(3)

Preservation and restoration strategies.

a.

Areas of steeper slopes, such as more than 12 percent, shall be protected to reduce erosion potential, maintain slope and stability, control amounts and velocities of surface water runoff, and protect an aesthetic resource. Slopes greater than 18 percent should be excluded from development regulated by this section unless the developer presents an effective method for protective development of these slopes. Slopes shall be considered in terms of soil type, as well as steepness. Where highly erodible soils are present, special care must be taken.

b.

Development that is permitted on steep slopes shall maintain or enhance the natural contour, vegetation, and drainage patterns. Existing land form should be a major factor in the land use and site planning processes. The primary objective will be preservation of natural contours rather than alteration by mass grading.

c.

Slopes of 40 percent or greater facing or adjoining a stream or drain shall be protected as key scenic assets. Where these slopes are visible from locations frequented by people off-site, development of these slopes can have dramatic impact upon the visual character of the area. Such impacts (from buildings above the canopy of trees, for example) should be carefully considered.

d.

A primary goal in protecting steep slopes is to prevent erosion and subsequent damage to natural features on and off the site. The use of retaining walls can reduce the amount of grading necessary, but are not encouraged (they are rarely durable structures). Underground utilities should not be located in steep slopes and certainly should not run lengthwise along them. Drainage shall be directed to inlet structures and not be permitted to flow down slopes during or after construction.

(4)

Mitigation. Not applicable.

(i)

Habitat for threatened or endangered species.

(1)

Key facts. Endangered species habitat is the habitat necessary to maintain the existence of those plants and animals listed on the current federal and state list of endangered, threatened or special concern species. Endangered species are most likely to be found in the midst of a natural area of considerable value. When a special concern, threatened, or endangered species is found, careful assessment should be made of the species and the area in which it is found. These organisms and their habitat may be intolerant of change caused by development, such as change in hydrological conditions, even if the habitat itself is outside the limits of soil disturbance for a project. These species and their habitat are important to the township for the richness and diversity of species they offer.

(2)

Identification. The natural features inventory of the department of environmental quality records and regulates the endangered, threatened, and special concern plants, animals, birds, mammals, and insects. The areas most likely to contain endangered species are sandy, wet bottom lands and wetlands along drains within the township and along there tributaries, and in many small pocket wetlands in native forest fragments. Many of the areas can be quite small in size. Rare and unusual endangered species may also be found on disturbed ground, including along shorelines and streambanks, flooded areas, old farmed fields, borrow pits, eroding slopes, burned areas, embankments along railroads and roads, in cemeteries, old settlement areas and farmsteads, etc.

(3)

Preservation and restoration strategies.

a.

The protection of endangered species and their habitats is regulated by the Michigan department of environmental quality (MDEQ), in cooperation with the U.S. Fish and Wildlife Service. The township will work in coordination with state and federal regulating agencies to identify the best preservation approach, based on the specific characteristics of the species involved.

b.

For those plant species which are not protected but highly desirable and within any disturbed area of the development, the planning commission may require the applicant to transplant these species in an orderly fashion.

(4)

Mitigation. Not applicable.

(j)

Groundwater recharge.

(1)

Key facts. A groundwater recharge area is land which readily permits water to move from the surface into a groundwater system.

(2)

Identification. The county metropolitan planning commission has mapped groundwater recharge areas for the county. Using data from the county soil survey and from well logs, trained experts can determine areas where water flows quickly through soil, where there is a high degree of highly permeable sand and gravel particles in the ground, and where the water table is high. In these areas, risk of groundwater contamination is high. Areas not mapped by the WCMPC, but that may also serve as recharge areas, are those with highly permeable geology (sand and/or gravel) or soils, but that do not exhibit a high water table. These higher elevation areas also provide recharge waters to groundwater. The township may ask for investigation and mapping of areas with highly permeable soils and geology.

(3)

Preservation and restoration strategies.

a.

Development should be located away from groundwater recharge areas and wellhead protection areas as mapped by the WCMPC or otherwise identified. Where development occurs, impervious surfaces should be limited to the greatest extent possible. Land grading should be controlled to retain the water holding characteristics of the land. Vegetation essential to the water holding characteristics should be preserved, or, where necessary, enhanced as part of the development program. The balance and integrity of the hydrological system should be maintained in a proposed development.

b.

Recharge areas should be protected from pollution by regulating the uses permitted within these areas and by controlling the quality of surface water runoff from tributary areas. Areas classified in the county soil surveys as having soils with water tables at or near the surface shall also be protected from pollutant entry because of the ease with which pollutants on such soils can enter the underground water system.

c.

Proper storage of hazardous substances will be paramount to protecting groundwater and the environment. Developments storing or handling hazardous substances shall abide by the following groundwater preservation standards:

1.

Hazardous substance storage areas must be designed to prevent spills and discharges to the air, surface of the ground, groundwater, lakes, streams, rivers or wetlands.

2.

Secondary containment for aboveground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated time necessary for the recovery of any released substance.

3.

General purpose floor drains shall be allowed only if they are authorized to be connected to a public sewer system, an on-site holding tank, or a system authorized through a state groundwater discharge permit.

4.

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances shall be met. No discharge shall be allowed without required permits and approvals.

(4)

Mitigation. Not applicable.

(Ord. of 7-22-2013, § 60.26; Ord. No. 25-01, § 1, 1-14-2025)

Temporary sales of products only at certain time of year and associated with seasonal holidays, including Christmas, Halloween, Thanksgiving, Fourth of July, and similar holidays, may take place on individual lots or structures subject to the following regulations:

(1)

Temporary holiday sales may be conducted in AR, LC, WLD-DD, WLD-NV, WLD-W, and GC districts. Temporary holiday sales shall not be permitted in any other residentially zoned districts.

(2)

Churches, schools, or other nonprofit organizations may sell holiday items on property or structures owned by such institution or organization in any zoning district.

(3)

A zoning compliance application shall be submitted along with fees and a sketch plan for review by the zoning administrator to ensure the requirements of this section are met. Unless temporary holiday sales are accessory to the principal use of the site, a temporary certificate of occupancy shall be obtained from the zoning administrator to allow temporary use of the site for such sales. Such temporary certificate of occupancy may be issued after an inspection of the proposed sale site is made by the building official and the director of public safety, or their representative. Such inspection shall include, but not limited to, any and all wiring, lighting, or other apparatus to be utilized in the sale of such items. Sales shall not commence until final site approval is obtained and issuance of a temporary certificate of occupancy.

(4)

Such use and occupancy shall be temporary and shall not cause a nuisance to surrounding properties. The total duration of a temporary certificate of occupancy for temporary holiday sales shall not exceed 30 calendar days. Temporary holiday sales for Christmas may be permitted to last 45 calendar days. To the extent any proposed sale items may be regulated by the State of Michigan, as with fireworks, all licenses or permits must be obtained and presented to the township for review with the zoning compliance application. Upon inspection of the site and sketch plan, the director of public safety may require a security plan, that includes limits on hours of operation, site access, site circulation, and other measures to ensure the safe operation of the temporary holiday sale.

(5)

Storage and display areas shall comply with the minimum setback requirements for the district in which the temporary holiday sale is located.

(6)

All loading and parking areas shall be confined within the boundaries of the site and shall not be permitted to spill over onto adjacent roads, except where on-street parking is permitted. Such use and occupancy will not create a traffic hazard.

(7)

All refuse or debris resulting from sales, and all signs, lights, poles, wires, or other items in connection therewith shall be removed from said property not later than three days following the holidays occurrence and the date of required removal shall be specified on the temporary certificate of occupancy obtained from the zoning administrator.

(Ord. No. 18-57, §§ 2—1, 6-26-2018)

Editor's note— Ord. No. 18-57, §§ 2—11, adopted June 26, 2018, amended § 36-724 in its entirety to read as herein set out. Former § 28-724 pertained to temporary specialty stores and derived from an ordinance adopted July 22, 2013, § 60.27.

(a)

Purpose. Whenever the preservation of open space is required by this chapter, the applicant shall provide a demonstrated means that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control; provided notice of such transfer is provided to the township and the land uses continue as approved in the open space community plan.

(b)

Standards.

(1)

The dedicated open space shall be set aside by the applicant through an irrevocable conveyance that is found acceptable to the planning commission, such as:

a.

Recorded deed restrictions.

b.

Covenants that run perpetually with the land.

c.

Conservation easements such as those established per section 8204 of Public Act No. 451 of 1994 (MCL 324.8204).

(2)

Such conveyance shall ensure that the dedicated open space will be protected from all forms of development, except as shown on an approved site plan, and shall never be changed to another use. Such conveyance shall:

a.

Indicate the proposed allowable uses of the dedicated open space.

b.

Demonstrate to the satisfaction of the township that dedicated open space shall be maintained.

c.

Provide standards for scheduled maintenance of the dedicated open space.

d.

Provide for the management and maintenance to be undertaken by the township in the event that the township, in its sole discretion, finds that the dedicated open space is inadequately maintained or is a public nuisance, with the assessment of costs upon property owners within the proposed development.

(Ord. of 7-22-2013, § 60.29)

State Law reference— Open space preservation, MCL 125.3506.

(a)

Intent.

(1)

It is the intent of this section to regulate large scale retail establishments exceeding 20,000 square feet in gross floor area (hereinafter "large scale retail establishments"), whether located as an individual use on a single site or as part of a shopping center with a grouping of attached and/or detached buildings. While it is recognized that large scale retail establishments may provide goods and services to township residents, such stores are primarily focused on attracting consumers from a market area larger than the township. Therefore, specific standards are required to ensure that large scale retail stores can be adequately served by and do not create an inordinate impact upon roads, utilities, storm drainage, groundwater recharge, water quality, air quality, and police and fire services.

(2)

It is further intended by this section that large scale retail establishments be designed in a manner that is harmonious with the overall historic, rural character of the township consistent with the growth management plan and township design standards and that complements the substantial public investment to be made in the US-23 corridor area.

(b)

Location. Large scale retail establishments are permitted only within the HC—Highway Commercial District, PSC—Planned Shopping Center District or GC—General Commercial District on sites having direct frontage or abutting property which will provide a site with direct access via a county road to US-23.

(c)

Design standards. An applicant subject to this section shall demonstrate that the following design standards are met:

(1)

Aesthetic character.

a.

Facades and exterior walls.

1.

Facades greater than 100 feet in length, measured horizontally, shall incorporate projections or recesses extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

2.

Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 50 percent of their horizontal length.

3.

Building facades must include a repeating pattern that includes no less than two of the following elements:

(i)

Color change;

(ii)

Texture change;

(iii)

An expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib.

4.

The applicant may be required to present several design examples to compare and contrast the proposed project.

b.

Roofs. The roof design shall incorporate one or more of the following features depending upon the nature of the roof, the building design, and the existing site conditions.

1.

Flat roofs. Parapets concealing flat roofs and rooftop equipment, such as heating, ventilation and air conditioning (HVAC) units, from public view are requited. Parapets shall not exceed one-third of the height of the supporting wall at any point.

2.

Pitched roof.

(i)

Overhanging eaves, extending no less than three feet past the supporting walls.

(ii)

An average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.

(iii)

Three or more roof slope planes.

3.

Green roof. An environmentally friendly or green roof system designed, in part, to mitigate or address the effects of stormwater runoff, drainage, water quality, and other problems associated with impervious surfaces.

c.

Materials and colors.

1.

Predominant exterior building materials shall be high quality materials, including, but not limited to, brick, stone, and integrally tinted/textured concrete masonry units.

2.

Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.

3.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

4.

Exterior building materials shall provide texture to at least 50 percent of the facade and shall not be completely made up of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.

d.

Entryways. Each principal building on a site shall have clearly defined, highly visible customer entrances feature no less than three of the following:

1.

Canopies or porticos.

2.

Overhangs.

3.

Recesses/projection.

4.

Arcades.

5.

Raised corniced parapets over the door.

6.

Peaked roof forms.

7.

Arches.

8.

Outdoor patios.

9.

Display windows.

10.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

11.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

12.

Pavement/material changes at drive crossings to better define pedestrian cross walks.

e.

Community space. Each site shall include at least four of the following features:

1.

Patio/seating area;

2.

Pedestrian plaza with benches;

3.

Transportation center;

4.

Window shopping walkway;

5.

Outdoor playground area;

6.

Kiosk area;

7.

Water feature;

8.

Bicycle parking; or

9.

Other such feature or amenity proposed by the applicant that, in the sole discretion of the planning commission, helps to mitigate the size of the large scale retail establishment and resultant diffusion of land uses and to maintain the historic, rural character of the township by providing community gathering areas, relief for patrons and greater aesthetic appeal.

Each of these features shall have direct access to the public sidewalk network and not be constructed of materials that are inferior to the principal materials of the building and landscape.

(2)

Site design.

a.

Parking lot location. No more than 50 percent of the off-street parking area devoted to the large scale retail establishment shall be located between the front facade of the principal building and the main road frontage. Depending on the site design, this amount may be increased or decreased at the sole discretion of the planning commission. The remainder of the parking shall be distributed on the other sides of the building or separated by means of intervening buildings, amenities, or site features.

b.

Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses. Pavement/material changes at drive crossings shall be installed to better define pedestrian cross walks and be distinguished from other driving surfaces through the use of durable, low maintenance surface materials such as brick pavers or stamped concrete.

c.

Pedestrian circulation.

1.

Sidewalks at least six feet in width shall be provided along all sides of the lot that abut a public street.

2.

Internal pedestrian walkways, no less than six feet in width, shall be provided connecting the public sidewalk to the principal customer entrance of all principal buildings on the side. At a minimum, walkways shall connect focal points of pedestrian activity, such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50 percent of the length of the walkway.

3.

Internal pedestrian walkways, no less than six feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least ten feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

4.

All internal pedestrian walkways which cross or are incorporated with vehicular driving surfaces shall be distinguished from such driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Surface materials used for internal pedestrian walkway shall be designed to accommodate shopping carts.

d.

Delivery/loading operations. Loading docks, trash collection, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials that are different from or inferior to the principal materials of the building and landscape is prohibited. No delivery, loading, trash removal or compaction, or other such operations, shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 dB, as measured at the lot line of any adjoining property.

e.

Landscaping.

1.

General site landscaping. All undeveloped portions of the site shall conform to the following general landscaping standards, except where the specific landscape elements described below are required:

(i)

Ground cover requirements. All undeveloped portions of the site shall be planted with a native combination of grasses, ground covers and shrubs, which shall extend to any abutting street pavement edge.

(ii)

Tree shrub requirements. A native mixture of evergreen and deciduous trees shall be planted at the rate of at least one per 3,000 square feet of land area or portion thereof on an undeveloped open area for which specific landscaping requirements do not apply. Required trees shall be planted in irregular intervals or in groupings.

2.

Landscaping adjacent to road. A greenbelt at least ten feet wide for each 10,000 square feet of gross floor area shall be provided adjacent to all public and private roads. The greenbelt shall be located entirely on private property adjacent to the road right-of-way.

(i)

Ground cover requirements. The entire greenbelt shall be planted with a native combination of grasses, ground covers and/or shrubs except where paved walkways are used.

(ii)

Tree and shrub requirements. The following minimum planting requirements shall apply:

For the purposes of computing length of road frontage, openings for driveways and sidewalks shall not be counted. Trees and shrubs shall be planted in irregular intervals or in groupings.

3.

Greenbelt. A greenbelt at least ten feet wide for each 10,000 square feet of gross floor area shall be required along the side and rear property lines. The greenbelt shall be located between the property line and any developed or paved area, including parking areas, access drives and buildings.

(i)

Ground cover requirements. The entire greenbelt shall be planted with a native combination of grasses, ground covers and/or shrubs except where paved walkways are used.

(ii)

Tree and shrub requirements. The following minimum planting requirements shall apply:

For the purposes of computing required plant material, greenbelt length shall be measured along the exterior edge of the greenbelt. Trees and shrubs shall be plated in irregular intervals or in groupings.

4.

Parking lot landscaping. All parking areas shall be landscaped in accordance with the requirements for parking lot landscaping set forth in section 36-722(m).

5.

Detention and retention pond landscaping. All detention and retention ponds shall be planted with a native combination of grasses, perennials, ground covers, shrubs and trees.

6.

Safety. All landscaping must be designed and maintained so that safe vehicle sight distance is not affected at entrances, exits or at street intersections.

(d)

Impervious surface reduction/infiltration enhancement.

(1)

It is recognized that due to specific requirements of any given development, inflexible application of ordinance requirements may result in development with excessive paving and stormwater runoff and a waste of space that could be left as open space. Either through procedures prescribed by this chapter or creative land development techniques, deviations from requirements allowing for reduction in impervious surfaces may be permitted whenever it is determined that such deviations are more likely to meet the intent of impervious surface reduction and infiltration enhancement.

(2)

General standards.

a.

Priority shall be placed on site design which maintains natural drainage patterns and watercourses. Alterations to natural drainage patters shall not create flooding or degradation in water quality for adjacent or downstream property owners.

b.

The use of swales and buffer strips vegetated with desirable native materials is required unless shown as impractical as a method of stormwater conveyance so as to decrease runoff velocity, allow for biofiltration, allow suspended sediment particles to settle and remove pollutants. Tolerance for water saturation, sunlight, pesticides, metals and salts shall be required in determining appropriate plantings.

c.

Drainage systems shall be designed to have a natural appearance and to be visually attractive. The integration of stormwater conveyance systems and retention and detention ponds in the overall concept is recommended. Ponds with a naturally contoured rather than square or rectangular design and appearance are encouraged.

d.

Where large amounts of grease and oil may accumulate as in the case of large areas of impervious surfaces for parking, oil separations shall be required.

e.

Land banking in open space parking is encouraged to satisfy ordinance parking requirements.

f.

Reduce the overall imperviousness associated with parking lots by placing parking underground, using porous materials to surface all or part of the parking areas, incorporating efficient stall dimensions, incorporating efficient parking lanes, or by minimizing stall dimensions or providing compact car spaces.

g.

Create buffer systems using native vegetation along all drainage ways of sufficient width to satisfactorily protect and enhance the drainage way and ensure its continued functionality. Critical environmental features such as 100 year floodplains, steep slopes and wetlands shall be considered eligible as part of a vegetative buffer system if the situation and orientation of such elements serve the purpose of providing a natural buffer.

h.

Direct roof top run off to pervious areas such as yards, open channels or vegetated areas and avoid routing roof top run off to the roadway, parking area and the stormwater conveyance system, or employ an environmentally friendly or green roof system designed, in part, to mitigate or address the township's concerns regarding stormwater runoff, drainage, water quality and other problems associated with impervious surfaces.

(e)

Driveways.

(1)

Number of driveways per parcel. A maximum of one two-way driveway opening or a pair of one-way driveway openings shall be permitted to a particular site from each adjacent public road, unless otherwise requited by the county road commission or other governmental authority having jurisdiction.

(2)

Driveway access standards. Driveways shall conform to the following performance standards unless otherwise required by the county road commission or other governmental authority having jurisdiction:

a.

Driveway design and placement must be in harmony with internal circulation and parking design such that the entrance can absorb the maximum rate of inbound traffic during a normal peak traffic period.

b.

There must be sufficient on-site space to accommodate at least three queued vehicles waiting to park and/or at least three queued vehicles waiting to exit without using a portion of the public right-of-way obstructing existing vehicle sight distance, or otherwise interfering with street traffic.

c.

Provisions for circulation between adjacent parcels are encouraged through coordinated or joint parking systems.

d.

Driveways shall be designed to accommodate all vehicle types having occasion to enter and exit the site, including delivery vehicles. There shall be clear delineation and/or separation, where appropriate, of entry and exit lanes within driveways.

(3)

Flexibility in parking. It is recognized that, due to the specific requirements of any given development, inflexible application of the parking standards set forth in section 36-764 may result in development with inadequate parking or parking far in excess of that which is needed. The former situation may lead to traffic congestion or unauthorized parking on adjacent streets or neighboring sites. The latter situation may result in excessive paving and stormwater runoff and a waste of space which could be left as open space. Deviations from the requirements of section 36-764 are permissible and may require more or allow less parking whenever such deviations are more likely to provide a sufficient number of parking spaces to accommodate the specific characteristics of the use in question. More parking than what is required by section 36-764 may only be permitted if designed and developed as pervious. The planning commission may condition approval on a deviation from the requirements of section 36-764 that bind such approval to the specific use in question. In such case, further conditions may be imposed which ensure that adequate reserve area is set aside for future parking, if needed. Where an area is set aside for reserve parking, it shall be easily developed, not devoted to a use other than open space, and shall be designed to accommodate attendant facilities such as maneuvering lanes and drainage.

(Ord. of 7-22-2013, § 60.30)

(a)

Purpose. The township goal is to promote safety and security, to reduce off-site lighting impacts, to prevent the reflection and glare of light in a manner which creates a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses, and to promote energy efficiency, all in keeping with the rural and small town character of the township.

(b)

Site plan requirements. When site plan review is required, the applicant shall provide a lighting plan including the following:

(1)

Plans indicating the location, type, and height of all exterior lighting, along with a legend that identifies the fixtures and their intended accessories by manufacturer and model numbers.

(2)

A photometric grid overlaid on the proposed site plan indicating the luminance throughout the site in footcandles, unless the planning commission determines in its sole discretion that a photometric grid is not necessary for final site plan review.

(3)

Manufacturers' published specifications and cut sheets for each type of fixture being proposed, including the total luminance output, type of lamp and voltage, method of shielding and all applicable accessories.

(c)

Light fixtures. For all nonresidential uses, only full cut-off light fixtures are permitted, such that no light is emitted or reflected at or above a horizontal plane running through the lowest direct light-emitting part of the fixture. The light source shall direct the light down, onto the site. The light source shall be recesses into the fixture. Only non-glare, color-corrected lighting is permitted.

(d)

Fixture height. For parking lots of less than 100 parking spaces, lighting fixtures shall not exceed a height of 16 feet measured from the ground level to the centerline of the light source. For parking lots of more than 100 spaces, lighting fixtures shall not exceed a height of 22.5 feet, measured from the ground level to the centerline of the light source.

(e)

Light levels.

(1)

Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed zero point one footcandle along property lines. Lighting for uses adjacent to nonresidential properties shall be designed and maintained such that illumination levels do not exceed zero point three footcandles along property lines.

(2)

Maximum light levels shall not exceed 25 footcandles directly beneath a light fixture. Lighting levels shall not exceed three footcandles as measured directly between two fixtures. The planning commission may allow for an increased level of lighting above maximum permissible levels when it can be demonstrated that such lighting is necessary for safety and security purposes.

(3)

All lighting measurements shall be taken at ground level.

(f)

Signs. Signs shall be illuminated in accordance with the regulations set forth in section 36-800.

(g)

Glare. Lighting shall be designed and installed so as to prevent glare. The term "glare" means the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. In particular:

(1)

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.

(2)

Exterior lighting shall be located and maintained to prevent the reflection and glare of light in a manner, which creates 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.

(h)

Exemptions. The following are exempt from the lighting requirements of this section, except that the building official may take steps to eliminate the impact of the following exempted items when deemed necessary to protect the health, safety, and welfare of the public.

(1)

Holiday lighting and decoration.

(2)

Swimming pools.

(3)

State and federally funded roadway construction projects and state, federal and public utility facilities, to the extent that the requirements of this section are preempted by state or federal law.

(4)

Flags may be uplit provided that:

a.

The maximum lumen output is 1,300 lumens per flag, regardless of the number of fixtures directed at the flag;

b.

Each fixture is fully shielded; and

c.

The fixture is properly aimed such that the light is targeted solely on the flag being lit and does not cause glare or light to shine on any adjacent property or public right-of-way.

(5)

Landscaping and architectural features may be uplit provided that:

a.

Each landscaping or architectural feature may be highlighted with a maximum lumen output of 1,000 lumens (equal to 60 watt incandescent lamp), regardless of the number of fixtures directed at the landscaping or architectural feature;

b.

Each fixture is carefully shielded and aimed such that light will fall only on the landscaping or architectural feature to be highlighted; and

c.

All or virtually all light emitted by the fixture will be fully captured by the landscaping or architectural feature to be highlighted, such that the light will not extend above the relevant feature.

(Ord. of 7-22-2013, § 60.31)

(a)

Intent.

(1)

It is the intent of these regulations to allow medical marihuana caregivers, as defined by the Michigan Marihuana Act, as a home occupation pursuant to section 36-64, and further to protect the health, safety, and welfare of law enforcement officers and other persons in the community. These regulations are designed to allow the creation and maintenance of a private and confidential patient-caregiver relationship to facilitate the statutory authorization for the limited cultivation, distribution, and use of marihuana for medical purposes; and to regulate around this fundamental intent in a manner that does not conflict with the Act so as to address issues that would otherwise expose the community and its residents to significant adverse conditions and the uninspected installation of unlawful structural, electrical, plumbing and mechanical equipment that create dangerous health, safety, and fire conditions.

(2)

These regulations allow for activity based on the Act. Nothing in these regulations shall be construed to undermine or provide immunity from federal law as it may be enforced by the federal or state government relative to the cultivation, distribution, or use of marihuana.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Act means Initiated Law 1 of 2008 (MCL 333.26421 et seq.), and Michigan Administrative Rules, R 333.101 et seq.

Department means the state department of community health.

Distribution means the physical transfer of any amount of marihuana in any form by one person to any other persons, whether or not any consideration is paid or received.

Distributor means any person, including, but not limited to, a caregiver, patient or any other person, who engages in any one or more acts of distribution.

Facility or premises means one premises having a separate or independent postal address.

Marihuana means the substance or material defined in section 7106 of the public health code, Public Act No. 368 of 1976 (MCL 333.7106).

Primary caregiver or caregiver means a person as defined under MCL 333.26423(g) of the Act, and who has been issued and possesses a registry identification card under the Act.

Principal residence means the place where a person resides more than one-half of the calendar year.

Qualifying patient or patient means a person as defined under MCL 333.26423(h) of the Act.

Registry identification card means the document defined under MCL 333.26423(i) of the Act.

(c)

Application requirements.

(1)

In addition to the requirements for home occupation pursuant to section 36-64 home occupation, a medical marihuana caregiver shall submit a zoning compliance application. The requirement of these regulations is to permit a location, and not to regulate persons. An application as supplied by the township shall describe each of the following and shall:

a.

Not require the name, home address, or date of birth of a caregiver.

b.

Include the address and legal description of the precise premises at which, there shall be possession, cultivation, distribution or other assistance in the use of marihuana. The fact that a caregiver or other person providing assistance to patients also has an ID card as a patient shall not relieve the obligation to provide this information.

c.

Specify the address of the place where all unused portions of marihuana plants cultivated in connection with the use of marihuana or caregiver activity at the premises shall be disposed.

d.

Describe the enclosed, locked facility in which any and all cultivation of marihuana is proposed to occur, or where marihuana is stored, with such description including: location in building; precise measurements, in feet, of the floor dimensions and height; the security device for the facility.

e.

Describe all locations in the premises where a caregiver or other person authorized under the Act shall render assistance to a qualifying patient.

f.

Specify the number of patients to be assisted, including the number of patients for whom marihuana is proposed to be cultivated, and the number of patients to be otherwise assisted on the premises, and the maximum number of plants to be grown or cultivated at any one time. If the location at which patients will be assisted is different from the licensed premises, the application shall provide the address of all such other locations (other than the address of a patient being assisted). The maximum number of patients and plants is specified in subsection (c)(2)b of this section.

g.

For safety and other code inspection purposes, it shall describe and provide detailed specifications of all lights, equipment, and all other electrical, plumbing, and other means proposed to be used to facilitate the cultivation of marihuana plants as such specifications relate to the need for the installation of facilities. As noted in subsection (c)(2)d of this section, all new construction including structural, electrical, plumbing, and mechanical shall meet current state construction codes and shall require necessary permits and inspections.

The standards of approval as noted below will be used to review each application. An inspection will be made at each location noted in the application to verify the standards.

(2)

Requirements and standards for approval.

a.

Locations used for the cultivation and/or use of marihuana by caregivers and any other person permitted under the Act are pursuant to section 36-64 home occupation. As a home occupation this use shall not be permitted under the following circumstances:

1.

Within 500 feet from sites where children are regularly present, and specifically a daycare facility, a church, synagogue, mosque, or other religious temple, and from a recreational park and a public community center, a public or private preschool, elementary school, middle school, high school, community college, and all other schools that have different name references but serve students of the same age.

2.

Within 500 feet of an adult use, as defined in this chapter, if applicable (attach appendix if not stated or incorporated).

3.

Within 500 feet from the site at which any other caregiver or any other person cultivates marihuana, or assists in the use of marihuana, not including a patient's principal residence which is not used to cultivate marihuana or assist in the use of medical marihuana for persons other than the patient at such residence.

Measurements for purposes of this subsection a. shall be made from property boundary to property boundary.

b.

The location of the facility at which a caregiver or any other person permitted under the Act cultivates marihuana, or assists a patient in the use of marihuana, shall not be the same facility at which any other caregiver or person cultivates marihuana or assists a patient in the use of marihuana. Accordingly, at a patient's principal residence used by such patient to cultivate marihuana for his personal use as permitted under the Act, there shall be not more than 12 marihuana plants being cultivated at any one time; only at a licensed facility may there be more than 12 marihuana plants being cultivated at any one time; and, at a facility at which a caregiver or any other person permitted under the Act cultivates marihuana for use by patients, there shall not be more than 12 marihuana plants being cultivated at any one time per patient, and in no event more than 60 marihuana plants being cultivated at any one time (which assumes cultivation for five patients), plus an additional 12 plants if the caregiver is also a patient that has not designated a caregiver to assist in providing medical marihuana.

c.

In order to insulate children and other vulnerable individuals from such actions, all medical marihuana cultivation, and all assistance of a patient in the use of medical marihuana by a caregiver, shall occur within the confines of a building licensed under this section, and such activities shall occur only in locations not visible to the public. This subsection shall not prohibit a caregiver from assisting a patient at the patient's principal residence or at a hospital.

d.

All lights, plumbing, equipment, and all other means proposed to be used to facilitate the growth or cultivation of marihuana plants shall be in accordance with all applicable state construction codes.

e.

Considering that the distribution of marihuana is generally unlawful, and that the Act authorizes caregivers, and does not authorize any activity such as a dispensary (authorized by statutes in other states), and reading the Act as a whole, the activities of caregivers are interpreted as being limited to private and confidential endeavors. Moreover, the location and identity of a caregiver is known to patients. Accordingly:

1.

Signage shall be in accordance with the township home occupation standards found in section 36-64(1)i.

2.

Unless conducted as part of a related licensed professional medical or pharmaceutical practice, caregiver activity shall not be advertised as a clinic, hospital, dispensary, or other name customarily ascribed to a multi-patient professional practice.

(3)

Use of land in accordance with approved application. If approved, all use of property shall be in accordance with an approved application, including all information and specifications submitted by the applicant in reliance on which the application shall be deemed to have been approved.

(d)

Restriction on distribution.

(1)

The restrictions in this section are based on the following findings:

a.

It is reasonable to expect and require that all undertakings of caregivers and other persons in assisting a patient are intended to occur on a confidential and private one-to-one basis.

b.

The Act does not reflect the intent for distributions of marihuana by more than one caregiver or other person to one patient, or by one or more caregivers or other persons to more than one patient at any given time and place.

c.

The confidentiality provisions of the Act reflect the intent for all caregivers and patients to remain anonymous in terms of their name and address, thus further reflecting the private and confidential nature of the activities contemplated between a caregiver and the patient he is assisting.

(2)

Restrictions.

a.

A caregiver and any other person authorized under the Act to assist patients, if any, shall distribute medical marihuana only on a confidential, one-to-one basis with no other caregiver being present at the same facility at the same time, and no other patient or other person being present at the same facility at the same time; provided that a patient's immediate family members or guardian may be present within the patient's private residence, and one family member or guardian may be present in any facility other than the patient's private residence. For purposes of this subsection, the term "same time" shall mean and include concurrently as well as within a time interval of one hour.

b.

Considering the health issues presented, no food shall be sold from the facility used for the distribution of medical marihuana.

(e)

Inspection of patient cultivation. Upon the request of a patient who is cultivating medical marihuana, the public safety director of the community shall confidentially coordinate any inspectors with regard to the siting of such cultivation for the purpose of determining whether all structural, electrical, plumbing, or mechanical means used to facilitate the cultivation of marihuana plants is in accordance with applicable code. In carrying out the provisions of this subsection, community officials shall not require the name and address of the patient. Rather, the intent of this subsection is to focus on the premises, and to ensure safety for the benefit of the resident of the premises and others who may be affected by one or more code violations.

(Ord. of 7-22-2013, § 60.32; Ord. No. 19-66, § J, 11-12-2019)

Editor's note— Ord. No. 19-66, § J, adopted Nov. 12, 2019, amended § 36-729, and in so doing changed the title of said section from medical marihuana cultivation, use and distribution, to read as set out herein.

(a)

Intent. It is the intent of the township to allow, through a conditional land use permit, uses of a commercial/tourism nature that are complementary and accessory to the primary agricultural land use in the AR zoning district. It is also the intent to:

(1)

Promote and maintain local farming and the provision of open space within the township.

(2)

Maintain both an agricultural heritage and rural character.

(3)

Encourage new agriculturally based businesses that contribute to the general economic conditions of the township and surrounding region.

(b)

Purpose. The purpose of this designation is to provide a clear understanding of the expectations for agricultural commercial/tourism businesses for operators, local residents, other businesses, and local officials.

(c)

Permitted businesses. The following agricultural commercial/tourism businesses may be permitted after conditional land use review, pursuant to article XXVII of this chapter:

(1)

Cider mills or wineries selling product, in a tasting room, containing at least 50 percent of crops or produce grown on-site.

(2)

Seasonal outdoor mazes of agricultural origin such as straw bales or corn.

(3)

The processing, storage, and retail or wholesale marketing of agricultural products into a value-added agricultural product in a farming operation if at least 50 percent of the stored, processed, or merchandised products are produced by the farm operator.

(4)

Community supported agriculture or CSA.

(5)

Uses listed in subsections (c)(1) through (c)(4) of this section may include any or all of the following ancillary agriculturally related uses and some non-agriculturally related uses so long as the general agricultural character of the farm is maintained and the income from these activities represents less than 50 percent of the gross receipts from the farm:

a.

Value-added agricultural products or activities such as educational tours of processing facilities, etc.

b.

Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides).

c.

Petting farms, animal display, and pony rides.

d.

Wagon, sleigh, and hayrides.

e.

Nature trails.

f.

Open air or covered picnic area with restrooms.

g.

Educational classes, lectures, seminars.

h.

Historical agricultural exhibits.

i.

Kitchen facilities, for the processing, cooking, and/or baking of goods containing at least 50 percent produce grown on site.

j.

Gift shops for the sale of agricultural products and agriculturally related products. Gifts shops for the sale of non-agriculturally related products such as antiques or crafts, limited to 25 percent of gross sales.

(6)

Other commercial/tourism business that are complementary and accessory to the primary agricultural land use of the subject property, including but not limited to small-scale entertainment (e.g., music concert, car show, art fair); organized meeting space (e.g., for use by weddings, birthday parties, and corporate events); or designated, permanent parking for more than 20 vehicles.

(d)

Supplemental regulations.

(1)

There is a minimum lot area of ten acres.

(2)

All uses permitted by this section may have access on any road type within the township with the condition that the increase in traffic shall not create a nuisance, as defined in this chapter, to nearby residents by way of traffic or noise or increase the public cost in maintaining the roadway.

(3)

A 200-foot open buffer shall be provided on all sides of the property not abutting a roadway. Agricultural commercial/tourism business activities shall not be allowed within this buffer area. Where possible, crops shall remain within this buffer area to help maintain the agricultural character of the site.

(4)

Buffer plantings shall be provided along the property line where there is an abutting residence. Greenbelt plantings are intended to screen views of the proposed operation from the adjacent home or property. Buffer plantings shall meet the standards of section 36-722.

(5)

Off-street parking must be provided to accommodate use as outlined in subsection (c) of this section.

a.

Parking facilities may be located on a grass or gravel area for seasonal uses such as roadside stands, u-pick operations, and agricultural mazes. All parking areas shall be defined by either gravel, cut lawn, sand, or other visible marking.

b.

All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.

c.

Paved or unpaved parking areas shall not be located in required setback or buffer areas. Paved parking areas must meet all design and landscape screening requirements as set forth in this chapter.

(6)

The following additional operational information must also be provided as applicable:

a.

Ownership of the property.

b.

Months (season) of operation.

c.

Hours of operation.

d.

Anticipated number of customers.

e.

Maintenance plan for disposal, etc.

f.

Any proposed signs.

g.

Any proposed lighting.

h.

Maximum number of employees at any one time.

i.

Restroom facilities.

j.

Verification that all outside agency permits have been granted, i.e., federal, state, and local permits.

(7)

All areas of the property to be used, including all structures on site, must be clearly identified.

(Ord. of 7-22-2013, § 60.33)

(a)

Purpose. The purpose and intent of this sections pertaining to the regulation of food cart vending is to ensure the safe and orderly performance of selling on public and private property within the Whitmore Lake district. This section is further designed to recognize the benefits that food cart vendors provide for village environments.

(b)

Permit requirements.

(1)

All food cart vendors shall be required to obtain a certificate of zoning compliance pursuant to section 36-972. The application for a certificate of zoning compliance shall contain any and all information pursuant to section 36-972(k), including drawings and/or photographs that are required and necessary to determine compliance with this section. It shall be unlawful for any person to operate a food cart without having first obtained a certificate of zoning compliance as required in this article. Certificate of zoning compliance permit shall be reviewed by the public safety director.

(2)

Food cart vendors selling food or drink shall be required to obtain appropriate permits and/or approval from the county health department. The county permit must be presented prior to obtaining zoning compliance.

(3)

A certificate of insurance to cover public liability must be presented prior to obtaining a permit.

(c)

Duration of permit. Permits shall be valid for a maximum of one year and must be renewed for continued operation. All permits shall expire on April 30 of each calendar year

(d)

Fee. The fee for permits shall be established, and may be amended, by resolution of the township board. The fee shall be paid to the township treasurer at the time of application for the permit.

(e)

Standards.

(1)

Location and zoning district.

a.

Food cart vending may be located on public or private property with the written consent of the property owner.

b.

Food cart vending is limited to the Whitmore Lake (WLD) Districts.

(2)

Hours of operation. No person shall engage in vending after 10:00 p.m. or before 6:00 a.m.

(3)

Sales of goods and merchandise are limited to food, nonalcoholic beverage, and accessory merchandise to including but not limited to clothing and souvenirs. Sales of merchandise shall be accessory to food and nonalcoholic beverage sales and not the principal use of the cart.

(4)

The cart area shall not exceed 60 square feet; the length of the cart shall not exceed ten feet and the width shall not exceed six feet. The height of the food cart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed six feet. All equipment required for the operation shall be contained within, attached to or within three feet of the food cart.

(5)

Food carts and allowable accessory supplies must not obstruct free passage of pedestrians or vehicles; the net passable sidewalk shall not be reduced to less than five feet in width. Food carts and accessory supplies cannot obstruct an entrance, exit, or sight triangle, and cannot jeopardize public safety.

(6)

Food carts shall be removed from all permitted locations during impermissible hours of operation and shall not be stored, parked, or left overnight on any public street or sidewalk.

(7)

Food carts may be placed no closer than 18 inches from a curb.

(8)

No food cart vendor shall locate any accessory supplies closer than five feet of the entranceway to any structure or closer than 100 feet from any property line of a permanent business that sells similar items, unless the owner of such business gives written permission for the infringement of the "no vending" area or if the food cart is located on property owned or controlled by the vendor.

(9)

No more than two carts will be allowed on any block face and no more than one cart shall be allowed upon any one parcel of private property.

(10)

All food carts must be equipped with garbage or refuse container; such containers must conform to the location standards within this chapter.

(11)

Vendors shall not cause undue noise or offensive odors.

(f)

Exemptions. The following are exempt from having to present a certificate of zoning compliance:

(1)

Farmers market stands pursuant to the Michigan Right to Farm Act.

(2)

Nonprofit organizations.

(3)

Vendors who sell within a special event location as authorized by the township.

(g)

Suspension and penalty.

(1)

The township may authorize a temporary suspension of any regulation under this article, such suspension to be in effect during a township-approved festival or activity.

(2)

Failure to adhere to the regulations for food cart vending listed in this section is cause for revocation or suspension of the certificate of zoning compliance.

(3)

The operation of a food cart without a certificate of zoning compliance shall be considered a violation of this zoning chapter and be subject to section 36-979, pertaining to violations and penalties.

(Ord. of 6-4-2014, § 60.34)

(a)

Intent. It is the intent of this section to establish standards for child care facilities which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

A state-licensed family child care home shall be considered a residential use of property and a permitted use in all residential districts. Family child care homes shall be prohibited in all other districts.

(2)

The township may, by issuance of a conditional use permit, authorize the establishment of group child care homes and child care centers as specified in district regulations and subject to the standards in this section.

(c)

Standards for group child care homes. Group child care homes shall be considered as a conditional land use subject to the requirements and standards of article XXVII of this chapter and the following additional standards:

(1)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(2)

The property is maintained in a manner that is consistent with the visible characteristics of the neighborhood.

(3)

Fencing shall be provided that is designed to discourage climbing, and is at least four feet in height, but no higher than six feet. The area to be fenced shall be determined by the planning commission.

(4)

The hours of operation do not exceed 16 hours within a 24-hour period. Activity between the hours of 10:00 p.m. and 6:00 a.m. shall be limited so that the dropoff and pickup of children is not disruptive to neighboring residents.

(5)

One off-street parking space per employee not a member of the group child care home family shall be provided.

(6)

Appropriate licenses with the state shall be maintained.

(d)

Standards for child care centers. Child care centers shall be considered as a conditional land use subject to the requirements and standards of article XXVII of this chapter and the following standards:

(1)

Frontage on either a principal or minor arterial street shall be required.

(2)

A separate dropoff and pickup area shall be provided adjacent to the main building entrance, located off of a public street and the parking access lane, and shall be of sufficient size so as to not create congestion on the site or within a public roadway.

(3)

Off-street parking shall be provided at a rate of one space per employee plus one space for every five children enrolled at the facility.

(4)

There shall be an outdoor play area of at least 1,000 square feet provided on the premises. Said play area shall not be located within the front setback. This requirement may be waived by the planning commission if public play area is available 500 feet from the subject parcel.

(5)

Appropriate licenses with the state shall be maintained.

(Ord. of 6-4-2014, § 60.34)

(a)

Intent. It is the intent of this section to establish standards for adult foster care facilities and foster family homes which will ensure compatibility with adjacent land uses and maintain the character of the neighborhood.

(b)

Application of regulations.

(1)

A state-licensed adult foster care family home, foster family home or foster family group home serving six persons or less shall be considered a residential use of property and a permitted use in all residential districts.

(2)

The township may, by issuance of a conditional use permit, authorize the establishment of adult foster care family homes serving more than six persons (adult foster care small group homes and adult foster care large group homes) in the MR district. Such facilities shall be prohibited in all other districts.

(3)

The township may, by issuance of a conditional use permit, authorize the establishment of an adult foster care congregate facility in the MR district. Such facilities shall be prohibited in all other districts.

(c)

Standards for adult foster care family homes serving more than six persons (adult foster care small group homes and adult foster care large group homes). Such homes shall be considered as a conditional land use subject to the requirements and standards of article XXVII of this chapter and the following additional standards:

(1)

A site plan, prepared in accordance with article XXVIII of this chapter, shall be required to be submitted.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(3)

The property is maintained in a manner that is consistent with the character of the neighborhood.

(4)

One off-street parking space per employee and/or caregiver shall be provided.

(5)

In its sole discretion, the township may determine that landscape transition strip in accordance with section 36-706 is required.

(6)

Appropriate licenses with the state shall be maintained.

(d)

Standards for adult foster care congregate facilities. Such facilities shall be considered as a conditional land use in the MR district, subject to the requirements and standards of article XXVII of this chapter and the following standards:

(1)

A site plan, prepared in accordance with article XXVIII of this chapter, shall be required to be submitted.

(2)

The subject parcel shall meet the minimum lot area requirements for the zoning district in which it is located.

(3)

Parking requirements as required for convalescent homes and similar facilities, set forth in article XXV of this chapter shall be met.

(4)

All landscape requirements set forth in section 36-722 shall be met.

(5)

Appropriate licenses with the state shall be maintained.

(Ord. of 6-4-2014, § 60.35)

Temporary outdoor sales are allowed subject to the following requirements:

(1)

No part of such sales operation shall be located within any required setback or transitional strip.

(2)

The sales operation shall not impede or adversely affect vehicular and pedestrian traffic flow or parking maneuvers.

(3)

One sign not to exceed eight square feet may announce such sales. Such sign shall not be located in a required yard or transition strip. Such a sign shall be contemporary in nature, nonilluminated and approved as to safety and stability by the building inspector.

(4)

The sign, merchandise, and all equipment used in such sales and all debris and waste resulting therefrom shall be removed from the premises within three days of termination of the sale.

(5)

A cash bond of $100.00 shall be provided to the township prior to the start of an approved sale to guarantee site clean-up as required in subsection (4) of this section.

(6)

A scaled site plan shall be provided with the application for conditional use permit showing thereon the location and extent of such sales.

(Ord. of 7-8-2014, § 60.37)

Outdoor seating and/or service shall be allowed subject to the following requirements:

(1)

The sales and service of food and beverages outdoors shall only be permitted as incidental to a similar principal use that is indoors and adjacent to the outdoor food and beverage sales and service.

(2)

Outdoor dining areas shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access, and shall meet Michigan barrier-free requirements. Outdoor dining areas shall not obstruct the entrance to any building or sidewalk, nor shall they obstruct any barrier-free ramp or access aisle. If outdoor dining areas are located on a sidewalk, a minimum five-foot wide unobstructed pathway shall be maintained on the sidewalk, for pedestrian traffic.

(3)

Temporary food service providers, such as food card vendors (section 36-731) are not considered outdoor dining uses.

(4)

Tables and chairs must remain within a well-defined and clearly marked area, separated from vehicular traffic. In instances where there is wait staff or alcohol service, such areas must be enclosed. Enclosures shall consist of metal railing, brick walls, landscape planters or other suitable materials using decorative, dark colored wrought iron-look fencing, or other materials consistent with the color and materials of the main building. The height of any barrier or landscaping enclosure shall not exceed three feet, six inches.

(5)

All furniture and fixtures shall be removed November 1 through March 31. Outdoor dining furniture and fixtures shall not be stored or stacked on the exterior of the building.

(6)

No amplified music shall be permitted if there are residential lots or dwellings within 300 feet, measured from the seating area to the adjacent residential lot line. The outdoor dining area must also abide by all noise ordinance restrictions of the township.

(7)

The hours of operation for the outside dining area shall be consistent with the hours of operation of the inside restaurant.

(8)

No such use shall occupy any portion of a public right-of-way.

(9)

For plans showing more than 20 occupants within the outdoor dining area, the off-street parking for the use shall be computed according to the standards contained in article XXV and/or the applicable zoning district, as indicated for the indoor portion of the use. If the plans show 20 or fewer occupants, no additional parking shall be required unless required by the township approving authority.

(10)

If the outdoor dining area is proposed as part of a site plan application, or if it contains seating for more than 20 occupants, it shall require site plan review and approval by the planning commission. If the outdoor dining area is proposed to be added for an existing business and contains seating for 20 or fewer occupants, a plan providing sufficient information to determine compliance with this section may be approved administratively by the township.

(11)

No such seating shall be located in a required side yard.

(12)

Approval of the county health department as required.

(13)

The maximum allowable seating for an outdoor seating area in excess of 20 seats shall be established as part of the conditional use permit.

(Ord. of 7-8-2014, § 60.38; Ord. No. 17-53, § 16, 2-14-2017)

Mini-warehousing facilities shall be allowed subject to the following requirements:

(1)

Minimum lot area shall be two acres located on either a major or minor thoroughfare designated by the master plan.

(2)

Maximum lot width shall be 200 feet.

(3)

A six-foot screening, fence, berm or other appropriate method of screening shall be constructed around the perimeter of the development as approved by the planning commission.

(4)

Minimum distance between buildings shall be 25 feet.

(5)

A front setback of no less than 50 feet shall be maintained in landscape open space. Side yard setback shall be no less than 25 feet, and rear yard setback shall be no less than 40 feet.

(6)

All areas intended for vehicle travel shall be paved with asphalt or concrete as approved by the planning commission.

(7)

Reserved.

(8)

Site development shall be compatible with surrounding areas.

(9)

No outside storage permitted.

(10)

Exterior lighting in accordance with the requirements of section 36-728.

(Ord. of 7-8-2014, § 60.39; Ord. No. 25-02, § 3, 4-8-2025)

Drive-in facilities shall be allowed subject to the following requirements:

(1)

Adequate on-site stacking space for vehicles shall be provided for each drive-in window so that vehicles will not interfere with vehicular circulation or parking maneuvers on the site. Access to and egress from the site will not interfere with peak hour traffic flow on the street serving the property.

(2)

Projected peak hour traffic volumes which will be generated by the proposed drive-in service shall not cause undue congestion during the peak hour of the street serving the site.

(3)

On-site vehicle stacking for drive-in windows shall not interfere with access to, or egress from the site or cause standing of vehicles in a public right-of-way.

(Ord. of 7-8-2014, § 60.40)

(a)

These standards shall apply to all marihuana establishments and facilities, unless otherwise noted, and excepting caregivers, which are regulated by section 36-729, medical marihuana caregivers and section 36-64, home occupation.

(b)

Marihuana related activities shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, Marihuana Facilities Licensing Act, the Marihuana Tracking Act, the Michigan Regulation and Taxation of Marihuana Act and all State of Michigan regulations for the transfer of marihuana, and the general rules of the Michigan Department of Community Health, as they may be amended from time to time.

(c)

All marihuana establishments and facilities shall submit a zoning compliance application, shall obtain structural, electrical, plumbing, and mechanical permits and inspections to meet current state construction codes, and shall obtain a certificate of occupancy prior to any operation or occupancy of said establishment or facility.

(d)

Site plan approval and conditional use approval shall be required for all marihuana establishments and facilities.

(e)

The applicant location shall meet all applicable written and duly promulgated standards of the township and, prior to opening, shall demonstrate to the township that it meets the rules and regulations promulgated by the medical/recreational marihuana licensing board and obtain a certificate of occupancy.

(f)

The establishment or facility location shall conform to all standards of the zoning district in which it is located.

(g)

Establishments and facilities are not permitted within a 500-foot radius of any primary, intermediate or secondary school measured by the shortest possible line from the property edges.

(h)

The minimum distance from other marihuana facilities and establishments is 1,000 feet. In the RTM district, those uses listed under section 36-638(2) are permitted on one site or adjacent sites when consistent with state standards and subject to obtaining a conditional use permit as provided in article XXVII. Colocation of use classes on one site is permitted when consistent with state standards, and all uses are permitted in the zoning district.

(i)

In the AR district, the minimum lot size for Recreational Class B growers shall be ten acres. In the AR district the minimum lot size for Medical Class A, and Recreational Class A growers shall be five acres.

(j)

Hours of operation permitted for retail, provisioning centers, and microbusinesses: Monday—Sunday: 9:00 a.m.—9:00 p.m.

(k)

All activity related to the marihuana establishment or facility shall be done indoors.

(l)

All establishments and facilities must ensure that any water emanating from the establishment or facility meets or exceeds all applicable state and local environmental standards.

(m)

No required water supply and sanitary sewerage facilities shall be erected, altered, or moved upon a lot or premises and used in whole or in part for a marihuana facility unless it shall be provided with a safe, sanitary and potable water supply and with a safe and effective means of collection, treatment, and disposal of human excreta and domestic, commercial, and industrial waste. All such installations and facilities shall conform to the minimum requirements Washtenaw County, and any applicable statutes, ordinances, or regulations.

(n)

Security cameras shall be installed and maintained. Security cameras, which include recordings and all recordkeeping, shall comply with all state requirements. All security cameras shall have at least 120 concurrent hours of digitally recorded documentation. The security cameras shall be in operation 24 hours a day, seven days a week, and shall be set to maintain the record of the prior 120 hours of continuous operation. An alarm system is required that is operated and monitored by a recognized security company. A security plan shall be provided and approved by the public safety director.

(o)

Exterior lighting shall be required for security purposes, but in accordance with the provisions of the zoning ordinance.

(p)

Any medical marijuana provisioning center shall not have exterior signage using the word "marihuana" and/or "marijuana" or any other word, phrase or picture commonly understood to refer to marijuana. Neon signs and non-functional decorative lighting shall be prohibited. Sign(s) shall be posted stating that "No loitering is permitted" on such property.

(q)

Marihuana establishments and facilities are not permitted to operate in a manner that results in adverse impacts on adjacent property; including excessive odor, traffic, noise, or loitering. The township may place reasonable conditions on facilities to ensure operation consistent with community norms. Failure to comply with township regulations or conditions of approval shall be cause to revoke a local license. Odor for growers and processors shall be regulated as follows:

(1)

The building shall be equipped with an activated carbon filtration system for odor control and air scrubbing to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.

(2)

The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.

(3)

The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days, or according to manufacturer recommendations, whichever is less.

(4)

Negative air pressure shall be maintained inside the building.

(5)

Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.

(6)

An alternative odor control system is permitted if the special use permit applicant submits and the township accepts a report by a mechanical engineer licensed by the State of Michigan demonstrating the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The township may hire an outside expert, at the cost of the applicant, to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted.

(7)

Secure transporters and safety compliance facilities shall also be required to submit plans for odor control for approval if in the opinion the planning commission such plans are required for the protection of the township and its residents.

(r)

If the marihuana establishment or facility ceases operation for a length of time of 90 days or greater, the conditional use shall expire.

(s)

Marihuana drive-through retail establishments and provisioning centers shall be prohibited.

(t)

All marihuana shall be contained within a structure that meets all applicable building code requirements in an enclosed, locked area. A floor plan shall be provided with the site plan application.

(u)

Application for a local marihuana facilities permit shall be made to the township clerk, or a designee. The application shall be made using forms provided by the township clerk, or a designee, for a marihuana facilities permit. The application shall be signed by the applicant verifying the truth and accuracy of all information and representations. Applications including information and documentation provided pursuant to an application shall be subject to the confidentiality rules of the State of Michigan. In addition to information and submittals, the application shall include payment of application fee in an amount set by the township board. Applications shall be filed according to licensing regulations, procedures, and fees established by the township board, and may be amended.

(v)

A state license is required for all marihuana establishments and facilities.

(w)

Prior to issuance of a certificate of occupancy, an authorized marihuana establishment or facility shall comply with the following regulations and shall only be operated as long as it remains in compliance with all such ordinances.

(1)

Compliance with state and township licensing requirements and proof of issuance of a state operating license and compliance with all rules promulgated there under is filed with the township.

(2)

Compliance with all township zoning regulations with written approval of zoning compliance issued by the township zoning administrator.

(3)

Compliance with all township construction and building ordinances and applicable police power ordinances.

(x)

Inspections may be made by the township official's designee to confirm the marihuana establishment or facility is operating in accordance with applicable laws including, but not limited to, state law and township ordinances.

(y)

The premises shall be open for inspection upon request by the zoning administrator, code enforcement officer, building official, fire department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

(z)

The penalties and fees collected by the township for marihuana establishments and facilities shall be the maximum permissible by the State of Michigan unless otherwise established by the township board.

(Ord. No. 19-66, § K, 11-12-2019; Ord. No. 22-76, § 1, 9-13-2022; Ord. No. 24-91, § 2, 4-9-2024)

Editor's note— Ord. No. 19-66, § K, adopted Nov. 12, 2019, added provisions to the Code as § 36-761. Inasmuch as there were already provisions so designated, the provisions have been redesignated as § 36-738, at the discretion of the editor.

(a)

Purpose. The purpose of the architectural design and building material guidelines is to ensure that development in the township is consistent with goals, policies, and visions set forth in the township's master plan. The primary goal of these standards is to upgrade the appearance of all structures within the Township and contribute to the overall aesthetic appeal of the developed areas of the township, while not detracting from the rural character desired by the residents. These design guidelines are intended to be a resource for the township officials, property owners, and developers when approaching growth and development issues within the township.

(b)

Exemption. Detached single-family dwellings constructed on existing lots or new vacant parcels larger than five acres, are exempt from the provisions of this section.

(c)

Exterior materials. All exterior wall materials installed in the township shall comply with the following schedule regulating exterior building wall facade materials. For purposes of this schedule the zoning districts and key structures shall be grouped in the following categories:

(1)

Single-family residential: All single-family residential structures in the township, except for those listed in exemptions listed in (b) above.

(2)

Multi-family residential: All multiple-family residential buildings located in the township.

(3)

Mixed-use: All mixed-use buildings located in any zoning or overlay district.

(4)

Commercial and Office: Commercial and office use buildings located within the LC (Local Commercial), General Commercial (GC), Residential/Office (RO) zoning districts and standalone commercial/office use buildings constructed as part of a PUD or mixed-use development. The requirements shall also apply to public buildings, religious use buildings etc., irrespective of the zoning district in which they are located.

(5)

Industrial: All buildings and structures located in LI - Limited Industrial, GI - General Industrial District and Research Technology Manufacturing (RTM) zoning district.

(6)

Whitmore Lake Downtown. Structures located in the Whitmore Lake District (WLD) shall comply with the regulations set forth in section 36-341 of the zoning ordinance. Sub-districts: WLD-D, WLD-W and WLD-NV shall comply with existing form-based code design guidelines noted in sections 36-342, 36-343 and 36-344, respectively.

Schedule Regulating Exterior Building Walls

(d)

Residential developments (single- and multi-family): The following additional regulations are applicable to residential structures as noted in subsection 36-739(c)(1) and (c)(2):

(1)

All exposed exterior surfaces of a building, inclusive of window and door surfaces, shall be included in the calculation to determine the total exposed building wall facade area. That total area shall represent 100 percent of the exterior building wall facade.

(2)

Architectural elevations shall be submitted for all facades of a building with calculations of percentage of various materials on each facade, totaling to 100 percent.

(3)

Buildings shall have a minimum of 50 percent masonry/stone on each exterior facade.

(4)

The following exterior finish materials shall be prohibited: T1-11 and other plywood siding materials; porcelain or ceramic tile; sheet metal or corrugated metal.

(5)

Balconies, railings and porch structures shall be metal, wood, glass, cast concrete or stone.

(6)

Building materials shall be durable, weather-resistant, rustproof, and kept well maintained and in good condition to meet the building code by the property owner or tenant at all times.

(7)

All single-family dwellings shall have a roof overhang of not less than 12 inches on all sides, or alternatively with window sills or roof drainage systems concentrating roof drainage at collection points along the sides of the dwelling.

(8)

Attached single-family dwellings with more than six units in a group shall have a minimum offset of six feet for every two units.

(9)

Detached single-family dwellings located within a PUD, subdivision or condominium development shall comply with anti-monotony design. Any structure when compared to another structure located on either side, on the same side of the street or directly across the street and diagonal to it, shall differ in at least three or more of the following six criteria:

i.

Roof style. Roof style is determined by location and orientation of the principal ridge line and adjacent sloping sections. Different roof styles include but are not limited to gable, reverse gable, Cape Cod, gambrel, hip, mansard and flat, etc.

ii.

Roof pitch. Roof pitch is determined by measuring the ratio of vertical to horizontal units in the sloping segments of the principal section of the roof of a structure. Different roof pitches are three or more vertical units in 12 from each other including, for example, 6:12 and 9:12 or 8:12 and 11:12, etc.

iii.

Different exterior materials include but are not limited to horizontal siding, vertical siding, shingles/shakes, brick, stone and stucco, etc.

iv.

Different location for major design features including but not limited to attached garages, porches, porticos, breezeways, gables, dormers and/or similar major features.

v.

Different location of windows and doors relative to the main mass of a structure include but are not limited to center door, off-center door and no door, with windows on either or both sides of and/or above the door.

vi.

The garage door on a principal dwelling which is oriented toward the side, rear, or front of the lot, in contrast to the garage door's orientation on the neighboring property.

(e)

Non-residential developments (mixed-use, commercial, industrial): The following additional regulations are applicable to residential structures as noted in subsection 36-739(c)(3), (c)(4) and (c)(5):

(1)

All exposed exterior surfaces of a building, inclusive of window and door surfaces, shall be included in the calculation to determine the total exposed building wall facade area. That total area shall represent 100 percent of the exterior building wall facade.

(2)

Architectural elevations shall be submitted for all facades of a building with calculations of percentage of various materials on each facade, totaling to 100 percent.

(3)

Mixed-Use buildings shall have a minimum of 50 percent masonry/stone on each exterior facade.

(4)

Commercial, office and industrial buildings shall have a minimum of 25 percent masonry/stone on each exterior facade.

(5)

Masonry/stone in excess of 50 percent on any facade shall include a mix of at least two different materials from the table above.

(6)

Commercial and office buildings shall have a minimum of 25 percent clear glazing on all facades visible from any public right-of-way.

(7)

Where window openings are not proposed due to floor plan and functionality constraints, the facade shall be broken up by use of design elements such as alternate color band of a different material, patterns created by varying materials on the wall, faux window brick/stone patterns, column features, etc.

(8)

In addition to the permitted building wall facade materials, architectural details, accent, cornices, or trim (not to exceed ten percent of the wall area) shall be constructed of unpolished copper, metal, wood, E.I.F.S. synthetic materials such as fiber cement board.

(9)

Concrete masonry units (ground face, split face, burnished face) are permitted for basement or foundation walls only and should not be visible above the floor line of the ground floor. For industrial and commercial buildings, this requirement is limited to the front facade facing a public right-of-way only.

(10)

The following exterior finish materials shall be prohibited: T1-11 and other plywood siding materials; porcelain or ceramic tile; sheet metal or corrugated metal.

(11)

Building materials shall be durable, weather-resistant, rustproof, and kept well maintained and in good condition to meet the building code by the property owner or tenant at all times.

(12)

The color of each facade material shall be harmonious with the color of all other facade materials used on the same building and on adjacent buildings and shall be in character with or improve the character of the surrounding area. For the purposes of this chapter, colors are harmonious if they are complementary in hue, tone and intensity.

(13)

Bright neon, fluorescent and metallic colors are prohibited.

(14)

Facade colors shall be low reflectance, subtle, neutral or earth tone colors, including but not limited to shades of red, orange, brown, beige, grey and ivory.

(15)

Balconies, railings and porch structures shall be metal, wood, glass, cast concrete or stone.

(16)

Storefront systems shall be primed and painted, or factory-finished (anodized, powder-coated, clear coated, plated, or polished).

(17)

Structural elements that support signage shall be primed and painted, or factory-finished (anodized, powder-coated, clear coated, plated, or polished) and be complimentary to the selected storefront finish.

(f)

Modifications. The planning commission shall have the discretion to modify any provision of this article upon making findings in writing that any modification of these standards elevates the quality of architecture and contributes towards creating a more attractive building facade which meets the purpose of this article. Modifications of these standards shall not be granted to offset any changes and/or improvements in excess of ordinance standards in other aspects of site design.

(Ord. No. 25-02, § 1, 4-8-2025)