A.

Airports - Airports, airfields, runways, hangars, beacons and other facilities involved with aircraft operations.

1.

Airports, airfields, runways, hangars, beacons and other facilities involved with aircraft operations, subject to all rules and regulations of the Federal Aeronautics Administration, which agency shall approve the preliminary plans submitted to the Township.

2.

Land beneath all aircraft approach zones as established by appropriate aeronautical authorities, which is not actually owned by the airport or has some of its rights restricted by easement, shall be developed in a manner which will not endanger safe flight conditions to and from the airport. The permitted height of buildings, structures, telephone and electrical lines and appurtenances shall be established after consultation with the appropriate aeronautical agencies.

3.

No building or structure or part thereof, shall be erected closer than sixty (60) feet from any property line.

4.

The open storage of junked or wrecked motor vehicles, aircraft, parts, etc. shall not be permitted.

B.

Animal Feedlots.

1.

The minimum site size shall be forty (40) acres.

2.

That no structures, pens or corrals be located closer than five hundred (500) feet to any property line.

3.

That all feedlots shall have diversion and storage facilities for stormwater runoff to prevent runoff from reaching a water course.

4.

An environmental study shall be provided by the applicant that assures ground water resources will not be negatively impacted and that adjacent off-site premises will not be impacted by offensive odor.

5.

Shall follow Generally Accepted Agricultural Management Practices as defined by the Michigan Department of Agriculture.

C.

Automobile Repair - Automobile repair, such as auto body repair, engine rebuilding, auto rust proofing and the like.

1.

The site shall have direct access onto a public road designated as a major thoroughfare.

2.

All wrecked or damaged vehicles shall be enclosed with a six (6) foot high, view obscuring fence within the side or rear yard.

3.

Evergreen trees measuring six to eight (6-8) feet in height shall be planted between the outdoor storage area and: any residential use, residential zoning district, road right of way. Trees shall be planted at a minimum rate of one (1) tree for each fifteen (15) feet. The Planning Commission may approve other alterative landscaping schemes provided the intent of this requirement is met.

4.

No wrecked or damaged vehicle shall be stored on the premises for a period of time exceeding thirty (30) days.

D.

Bed and Breakfast Establishments.

1.

The rooms utilized for lodging purposes shall be part of the primary residential use.

2.

There shall be no commercial kitchens (as defined by the Macomb County Health Department or other appropriate State agency) used for the Bed and Breakfast rooms. Further, cooking or dining facilities shall not be permitted to be used by the general public.

3.

The residence shall be occupied and lived in at all times by the owner/mortgagor of the property.

4.

Adequate lavatory, bathing facilities and kitchen facilities for the lodging rooms shall be provided, as per the requirements of the Macomb County Health Department or other appropriate regulatory agency.

5.

Rooms associated with a bed and breakfast establishment shall only be permitted in the primary residence and shall not be permitted in accessory dwellings.

6.

Copies of all current Federal, State, County, and local permits/approvals shall be provided to the Township.

7.

The length of any stay shall not exceed fourteen (14) consecutive days or a total of thirty (30) days in any one calendar year.

8.

Ancillary activities associated with a bed and breakfast facility may be permitted as a part of a special land use approval. Ancillary activities are defined as activities related solely to a primary use of the realty as a bed and breakfast and shall not exceed the maximum capacity of the bed and breakfast as defined by the Ray Township Fire Department.

E.

Churches, Temples and Other Places of Worship.

1.

The site shall have access directly onto a public road designated as a major thoroughfare.

2.

Evergreen trees measuring six to eight (6-8) feet in height shall be planted between the building and parking areas and: any residential use, residential zoning district, road right of way. Trees shall be planted at a minimum rate of one (1) tree for each twenty (20) feet. The Planning Commission may approve other alterative landscaping schemes provided the intent of this requirement is met.

3.

No parking shall be permitted within the front yard.

F.

Gasoline Stations.

1.

Must be located at or near the intersection of two public roads, each having a proposed right-of-way of a major thoroughfare on the Township's adopted Master Plan.

2.

Driveways shall be located at the furthest point from the intersection of the road rights of way as possible.

3.

The edge of the canopy (extended downward to the ground) for gas pumps shall meet the setback requirements for a principal structure.

G.

Gun ranges and gun clubs.

1.

Shall be subject to the requirements of the Ray Township Shooting Range Ordinance.

H.

Horse Riding Stables.

1.

The minimum site size shall be thirty (30) acres.

2.

All areas of the site where livestock are permitted to roam, exercise or feed shall be enclosed by a fence of not less than four (4) feet and not more than six (6) feet in height and constructed of materials which can restrain the animals.

3.

All structures utilized for stable or animal purposes shall be set back at least one hundred (100) feet from all property lines.

4.

All stockpiled manure shall be kept in a central area at least two hundred (200) feet from any property line and shall be properly managed to properly control odor. This setback may be modified upon a finding the manure management addresses odor at a lesser setback.

I.

Incineration Facilities or Compaction of Garbage or Refuse.

1.

The site shall have direct access onto a public road designated as a major thoroughfare.

2.

Such use shall not be located within three hundred (300) feet of any residential use or residential zoning district.

3.

Evergreen trees measuring six to eight (6-8) feet in height shall be planted around the entire site. Trees shall be planted at a minimum rate of one (1) tree for each fifteen (15) feet.

J.

Junkyards.

1.

All outdoor storage areas shall be enclosed with a six (6) foot high, view obscuring fence.

2.

Evergreen trees measuring six to eight (6-8) feet in height shall be planted between the outdoor storage area and: any residential use, residential zoning district, road right of way. Trees shall be planted at a minimum rate of one (1) tree for each fifteen (15) feet.

3.

Shall not be located within two hundred (200) feet of any residential use or residential zoning district.

4.

Storage of any vehicles, parts, etc. shall not exceed the height of the fence.

5.

Shall be located on a major thoroughfare as defined within the most recent Ray Township Master Land Use Plan.

K.

Kennels (Private and Commercial), Offices of a Veterinarian and Animal Clinics.

1.

Private Kennels.

a.

The minimum site shall be ten (10) acres.

b.

Setbacks shall be

(1)

three hundred fifty (350) feet from the centerline of the road.

(2)

one hundred (100) feet to side and rear property lines.

(3)

The Planning Commission may review and modify these standards if it is determined that the kennel will not impact any adjoining properties.

c.

There shall be no boarding and no sales other than puppies. Stud services are permitted.

d.

All dogs must have a shelter, sized according to the breed of the animal, with direct access to exercise runs. Dog shelters shall be designed to be able to be cleaned as per Macomb County minimum requirements. Animal runs must be enclosed by a solid six (6) foot high privacy/safety fence.

2.

Commercial Kennels.

a.

Shall be constructed so that all animals are enclosed within a building at night.

b.

The minimum site shall be ten (10) acres.

c.

The required minimum road frontage shall be five hundred (500) feet.

d.

Setbacks shall be:

(1)

three hundred fifty (350) feet from the centerline of the road

(2)

two hundred (200) feet to side and rear property lines.

(3)

The Planning Commission may review and modify these standards if it is determined that the kennel will not impact any adjoining properties.

e.

All outdoor animal pens must be enclosed within a solid six (6) foot high privacy/safety fence.

f.

The animal pen surface shall be of concrete pitched to provide runoff from cleaning to a septic tank or other Macomb County approved system.

g.

Shall file for and receive an annual Township operating permit.

L.

Large-Scale Public and Private Recreation Uses.

1.

The minimum site size shall be twenty (20) acres.

2.

The site shall have direct access onto a public road designated as a major thoroughfare.

3.

A minimum setback of two hundred (200) feet between buildings and the property lines of abutting residentially zoned lands. The Township Planning Commission may modify this requirement where it is shown that a lesser setback is acceptable.

4.

No active recreation shall take place within thirty (30) feet of the perimeter of the site.

5.

Evergreen trees measuring six to eight (6-8) feet in height shall be planted between the active recreation areas and: any residential use, residential zoning district, road right of way. Trees shall be planted at a minimum rate of one (1) tree for each fifteen (15) feet. The Planning Commission may approve other alternative landscaping schemes provided the intent of this requirement is met.

M.

Mining, Extraction and Filling of Land.

Sand and gravel mining or extraction, similar removal operations, land stripping and landfills (does not include solid waste or sanitary landfills approved under Act 641, P.A. 1978 as amended) may be permitted as a special land use approval in any single family residential district and the I-1 Districts. Such uses shall meet the following conditions:

1.

The purpose of these requirements is to provide for mining or similar operation on those lands which have significant gravel and/or sand deposits. The regulations are intended to result in: mining, excavation, landfill or similar operations that will not be detrimental to the public health, safety, and welfare; and operations which will be conducive to and result in the reclamation of the land so that it will be suitable for other purposes, including single-family residential purposes.

2.

Permit Procedures and Regulations.

a.

An application for the special land use approval and a permit for a landfill or mining extractive shall be made to the Township Planning & Zoning Department accompanied by the necessary fees, financial guarantees and documents.

b.

The application shall be accompanied by a site plan as well as the following information:

(1)

Name of the owner, or owners, of land from which removal or landfill is to be made.

(2)

Name and address of applicant making a request for such permit.

(3)

Name and address of the person, firm, or corporation who or which will be conducting the actual removal operation.

(4)

Location, size, and legal description of the total land area proposed for such use.

(5)

Location of the processing plant.

(6)

Type of materials or resources to be removed or to be brought to the site.

(7)

Proposed method of removal or filling, general haul route, and whether blasting or other use of explosives will be required.

(8)

General description of equipment to be used.

(9)

The estimated time to complete total operations.

(10)

The total area (expressed in acres) proposed to be excavated, mined or land filled in the first year of operation, said period to commence from the date of issuance of the mining and extractive industry permit.

(11)

A reuse plan showing the proposed use of land be located on the site upon completion of mining, extraction and landfill operations which meets current zoning requirements.

(12)

A development impact statement as required in Subsection (P) of this section.

c.

The application for a permit shall be accompanied by the fee established by the Township Board.

3.

Regulations.

All mining and extraction is subject to the following requirements and regulations:

a.

No mining, landfill, stockpiling of material, or processing shall take place closer than fifty (50) feet to any property line. The Township Planning Commission may approve a reduction in this setback requirement for mining or stockpiling where it finds that no impact will be made to adjacent land uses. If the circumstances of the site indicate that the fifty (50) foot setback requirement would not be adequate to protect abutting property, the Township Planning Commission shall require a greater setback.

b.

No mining or landfill shall be carried on closer than seventy-five (75) feet of the proposed right- of-way. The Planning Commission may modify this requirement in order to reduce or raise the final elevation of the grade to be in conformance with the existing elevation of the abutting road or property. Any area excavating within the seventy-five (75) foot setback area shall be back filled and final graded upon completion of the excavation of that area. .

c.

Site barriers or fences shall be provided along all boundaries of the site. Additional screening shall be provided as follows:

(1)

Earth berms constructed to a height of six (6) feet above the mean elevation of the general level of terrain along interior property lines. Berms shall have slopes that are not in excess of one (1) foot vertical to four (4) feet horizontal, and shall be planted with grass, trees, or shrubs.

(2)

Evergreens measuring six to eight (6-8) feet in height shall be planted on the berm shrubbery in rows parallel to the boundaries of the property, not less than four (4) feet in height at the time of planting and which grow to not less than six (6) feet in height at maturity and sufficiently spaced to provide effective site barriers when six (6) feet in height.

d.

Both permanent and/or temporary processing plants and their accessory structures shall not be located closer than two hundred fifty (250) feet from any property lines as well as adjoining public rights-of-way and shall, where practicable, be located at a lower elevation than the surrounding terrain to lessen visual and noise impact.

e.

Pit Operations.

(1)

Where an excavation in excess of five (5) feet will result from such operations, the applicant shall erect a fence completely surrounding the portion of the site where the excavation extends said fence to be not less than five (5) feet in height complete with gates, which gates shall be kept locked when operations are not being carried on.

(2)

All roads used for the purpose of ingress and egress to said excavation site shall be kept dust free by hard topping with cement, bituminous substance, acceptable crushed material, or chemical treatment.

(3)

The slopes of the banks of the excavation shall in no event exceed a minimum of five (5) feet to one (1) foot (five (5) feet horizontal to one foot vertical) when ponded water results from the operation. This slope must be maintained and extended into the water to a depth of five (5) feet.

(4)

Where quarrying operations result in a body of water, the owner or operator shall place appropriate "KEEP OUT" - "DANGER" signs around the premises. The signs shall not be more than two hundred (200) feet apart.

(5)

To protect water wells and the water supply of the Township, the pumping or draining of water from such quarrying operations is absolutely prohibited unless it can be shown that wells of adjacent properties will not be impacted.

(6)

The method of quarrying shall be approved by the Township Planning Commission.

(7)

The Township Planning Commission shall require such other performance standards where because of peculiar conditions they deem it necessary for the protection of health, safety, and general welfare of the Township.

(8)

Dust and noise emitted from the operation shall be controlled by Section _____ of this Ordinance.

f.

All equipment and facilities used in the processing of sand, gravel, or stone shall be constructed, maintained, and operated in such manner as to eliminate noises, vibrations, or dust impacts to adjacent properties.

g.

Temporary stockpiling areas for topsoil or overburden shall be subject to approval of the Township Planning Commission.

h.

Reclamation and rehabilitation of mining areas, in accordance with the Reuse Plan, shall be commenced immediately upon completion of the mining area or phase as required by the Planning Commission and shall continue, uninterrupted until the area or phase has been fully reclaimed. Where possible, rehabilitation and reclamation shall be accomplished concurrently with the mining or excavation operations. Completion of the reclamation and rehabilitation shall occur within two (2) years of termination of mining or excavation activity unless otherwise approved by the Planning Commission.

i.

Stripping Operations.

(1)

No soil, sand, gravel, clay or similar materials shall be removed below a point of six (6) inches above the mean elevation of the center line of the nearest existing or proposed road as approved by the Macomb County Department of Roads, except as required for the installation of utilities and pavements.

(2)

No soil, sand, clay, gravel or similar materials shall be removed which causes water to collect or to result in a place of danger to the public health. The premises shall be graded at all times so surface water drainage is not impeded.

(3)

Sufficient top soil shall be stockpiled on site so that the entire site, when operations are completed, may be covered with a minimum of four (4) inches of top soil immediately following the termination of the stripping operations. The Planning Commission may require that the operator restore the site with top soil as each area or phase is completed.

(4)

The Township Planning Commission may require such other and further requirements as is deemed necessary in the interest of the public health, safety and general welfare of the Township.

j.

No building permit shall be issued until the Planning Commission has recommended approval of the special land use to the Township Board and the Township Board has issued a mining, extraction or landfill permit as required in the Township Mining, Excavation and Landfill Ordinance.

N.

Travel Trailer Parks and Campgrounds.

1.

The minimum site size shall be twenty-five (25) acres.

2.

Within a travel trailer park, the number of individual unit spaces shall not exceed fifteen (15) spaces per acre.

3.

The minimum area for any space shall be 1,200 square feet. The minimum dimension of any side shall be thirty (30) feet.

4.

The minimum distance between travel trailers shall be twenty (20) feet.

5.

The parking or keeping of a tent, camper, travel trailer or recreation vehicle shall be limited to not more than thirty (30) days duration. Storage of recreation vehicles shall be permitted for extended periods of time in clearly defined and regulated storage areas.

6.

The travel trailer park shall have a central water supply system with potable water.

7.

Adequate toilet and sewage facilities shall be provided as approved by the State of Michigan and Macomb County Health Departments.

8.

A minimum of twenty-five (25%) percent of the total area shall be reserved for recreation or open space purposes. Lakes and other bodies of water shall not be counted towards the recreation or open space requirement.

9.

One (1) single-family residence shall be permitted within the travel trailer park and may be used as the office of the park.

O.

Wireless Communication Towers.

1.

Purpose and Intent.

It is the general purpose and intent of Ray Township to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems as may be required by law. However, it is the further purpose and intent of the Township to provide for such authorization only in a manner which will retain the integrity of neighborhoods and the character, property values and aesthetic quality of the community at large. In fashioning and administering the provisions of this Ordinance, an attempt has been made to balance these potentially competing interests.

It is the intent of this Section to:

a.

Protect residential areas and land uses from the potential adverse impact of towers and antennas.

b.

Establish predetermined districts or zones of the number, shape, and in the location considered best for the establishment of wireless communication facilities as special land uses, subject to conformance with applicable standards.

c.

Ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings, and limit inappropriate physical and aesthetic overcrowding of land use activities and adverse impact upon existing population, transportation systems, and other public services and facility needs by regulating and limiting the establishment, placement and manner of wireless communication facilities.

d.

Minimize the total number of towers or antennas throughout the community.

e.

Promote the public health, safety and welfare.

f.

Provide for adequate public information about plans for wireless communication facilities, and allow the Township to efficiently plan for the location of such facilities.

g.

Minimize the adverse impacts of technological obsolescence of such facilities, including timely removal of facilities.

h.

Encourage users of towers and antennas to configure them (stealth technology) in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape treatment on-site, and innovative camouflaging techniques.

i.

Avoid potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of tower structures.

j.

In furtherance of these goals, Ray Township shall give due consideration to the Township's Master Plan, Zoning Ordinance, existing land uses, and environmentally sensitive areas in considering sites for the location of towers and antennas.

2.

General Provisions.

Commercial wireless communication towers, including their respective transmission towers, relay and/or receiving antennas, and normal accessory facilities involved in television, radio, microwave, cable systems, cellular, personal communication, and similar communication services and facilities, shall be permitted as a special land use in all zoning districts, when found to be needed or desirable to the public convenience or welfare and in conformance with the following requirements.

a.

A signed and sealed written explanation of the design characteristics and ability of the structure(s) and attendant facilities to withstand winds, ice and other naturally occurring hazards shall be submitted by a State of Michigan Certified Professional Engineer. This information shall also address the potential for the wireless communications support structure or other mounting structure and/or antennas to topple over or collapse, and what wireless communications support structure configuration should be expected in such an event. Technical documentation of any information regarding these concerns shall also be provided.

b.

If a new wireless communications support structure is proposed, the application shall include a map showing existing and known proposed wireless communication facilities within one thousand five hundred (1,500) feet of the proposed location. The Township may also request that the applicant provide mapping identifying all of the wireless communications support structure locations, "search rings," or coverage areas within Ray Township and the nearest adjoining units of government which are within a one (1) mile radius of the applicant's site.

c.

In order to maximize the efficiency of providing such services, while minimizing the negative impact of such facilities on the Township, co-location of such facilities on an existing wireless communications support structure or other existing structure is encouraged, when feasible. If the application represents a new wireless communications support structure, the applicant shall provide a letter of intent to lease excess space on the wireless communications support structure and shall commit itself to:

(1)

promptly responding to any requests for information from a potential co-user of their wireless communications support structure:

(2)

negotiate in good faith and allow for leased, shared use of the facility, when it is technically practical; and

(3)

make no more than a reasonable charge for a shared use lease.

d.

Co-location may be permitted by the Planning Commission, after site plan review, on all existing wireless communications support structures and existing similar structures, regardless of the zoning district in which it is located, and the requirement for special land use approval and the associated public hearing shall be waived. The application for co-location shall include a site plan as well as documentation by the co-user as to their ability to co-locate on the wireless communications support structure.

e.

The location and improvement of wireless communications support structures shall be subject to the following additional requirements:

(1)

In all zoning districts there shall be no more than one (1) wireless communications support structure permitted on a parcel.

(2)

The overall height of the wireless communications support structure shall not exceed two hundred (200) feet in height above the average grade around the structure it is mounted upon.

(3)

Monopole (stealth or equivalent type) antenna structures shall be required. Lattice structure is not permitted except for any communications facility to be located as part of an existing DTE tower.

(4)

The Wireless Telecommunications Facility site shall be landscaped in an aesthetically pleasing and functional manner based on a landscape plan that shall be submitted for review as part of the Special Land Use Review. Landscaping shall also be incorporated along access drives servicing the Wireless Telecommunications Facility.

(5)

Setback requirements will be determined in relation to the wireless communications support structure design and collapse data previously required in this Section. Minimum setback requirements, are as follows (setback requirement shall also apply to any accessory buildings):

(a)

When adjacent to non-residential zoning districts, the setback shall not be less than the overall height of the tower/antennas.

(1)

If the design and collapse data for the wireless communications support structure properly documents its ability to collapse down upon itself, the setback requirements to any side or rear yard property line abutting a non-residential zoning district may be reduced to no less than fifty (50) feet.

(b)

When adjacent to any residential zoning district, the setback for the wireless communications support structure shall not be less than the overall height of the wireless communications support structure, plus fifty (50) feet unless the wireless communications support structure is part of an existing DTE right of way easement.

(c)

Further modifications to the side and rear yard setbacks may be considered when it is documented that the adjacent property is unbuildable due to wetlands, floodplains or other significant limitations. It shall also be found that no adverse effects on reasonable development patterns in the area would be created by constructing the wireless communications support structure.

(d)

Additional setbacks may be required if the established fall zone of the wireless communications support structure is greater than the above stated setback requirements. The setbacks shall be no less than the fall zone as established by the design engineer or the above mentioned setback, whichever is greater.

(6)

The applicant shall submit a letter agreeing that, should any wireless communications support structure facility approved under this Section cease to be used for its approved use for more than ninety (90) continuous days, or more than ninety (90) days of any one hundred and twenty (120) day period, it shall be removed from the site within one hundred eighty (180) days of such cessation. Removal of the wireless communications support structure and its accessory use facilities shall also include removing the top three (3) feet of the caisson upon which the wireless communications support structure is located and covering the remaining portion with top soil. The letter of agreement may include a financial guarantee, if deemed appropriate by the Township Planning Commission, to insure removal of any or all of the facilities. Any such agreement, including any financial guarantee shall be in a form acceptable to the Township Attorney. The financial guarantee may also include a provision for periodic adjustments to reflect changes in the Consumers Price Index or other similarly established and accepted price indexes.

(7)

As necessary, any pertinent information on file at the Township which relates to the use, contact information, structural information, etc., shall be updated when such information becomes available. Any such information which is a trade secret and/or other confidential commercial information which, if released, would result in commercial disadvantage to the applicant, may be submitted with a request for confidentiality in connection with the development of governmental policy (MCL 15.243(1)(g). This Ordinance shall serve as the promise to maintain confidentiality must be prominently stated in order to bring it to the attention of the Township.

(8)

It is noted that communication towers do not fall under the classification of essential services and may in no way be regulated as such.

(9)

It shall be the responsibility of the initial occupant of the telecommunications facility to provide space for all future expansion including future co-locations within one (1) equipment shelter in the equipment compound. The equipment shelter shall be situated on the site so that any additional expansion including co-locators shall be placed within one (1) equipment shelter or attached to an existing wall of an approved equipment shelter.

(10)

Any telecommunications facility existing at the time of the adoption of this Ordinance that has an approved equipment shelter that cannot accommodate additional collocation may provide equipment for co-location in more than one (1) separate equipment shelter provided that the equipment shelter shall be screen from adjoining properties by a masonry wall not exceed nine (9) feet in height. The wall must enclose the entire footprint for all existing equipment except for openings as required and approved by the Fire Department. The wall may utilize one (1) or more walls of existing equipment shelter(s) on the site. The building materials for the wall shall be approved by the planning commission. The wall shall be aesthetically compatible with the brick commonly used as veneer on houses if adjoining a residential area. The enclosure must be designed to simulate a structure when viewed at grade from adjoining properties.

(11)

In any residential zoning district no wireless communications support structure may be located closer than 1,000 feet of another wireless communications support structure in any other district.

(12)

In any residential zoning district unless otherwise provided for the wireless telecommunications facility shall be further regulated as follows:

a.

The equipment shelter shall be constructed of brick face.

b.

The maximum height of said structure shall be twelve (12) feet. The roof line, pitch and construction materials shall be approved by the planning commission. The planning commission may approve a building with an exterior surface other than brick or with a height greater than twelve (12) feet if the applicant can demonstrate that variations will cause the building to be more aesthetically compatible with the surrounding residential area.

(13)

In any Commercial or Industrial District unless otherwise provided for the wireless telecommunications facility must be further regulated as follows:

a.

The equipment shelter may be constructed with pre-fit steel or stone panel.

b.

The equipment compound shall be landscaped with grass and trees as approved by the planning commission.

3.

Definitions.

"Collocate" means to place or install wireless communications equipment on an existing wireless communications support structure or in an existing equipment compound. "Collocation" has a corresponding meaning.

"Equipment compound" means an area surrounding or adjacent to the base of a wireless communications support structure and within which wireless communications equipment is located.

Equipment Shelter. A fixed in place enclosure on a parcel used exclusively to house wireless communications equipment to service a wireless communications support structure regulated under the Federal Telecommunication Act of 1996. Said enclosure is within the equipment compound containing the wireless communications support structure to be regulated under the provisions of this Zoning Ordinance.

"Wireless communications equipment" means the set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cables, and coaxial and fiber optic cables, but excluding wireless communications support structures.

"Wireless communications support structure" means a structure that is designed to support, or is capable of supporting, wireless communications equipment, including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole, or building.

Wireless Telecommunications Facility. An area of land defined by a legal description that may be a stand-alone parcel or a part of a parcel that is used to service or operate wireless communications equipment as defined herein. Said wireless telecommunications facility will consist of the equipment compound, wireless communications support structure(s), equipment shelter as defined herein, and other infrastructure including service drives, any public utilities serving the wireless telecommunications equipment, parking and spaces, fencing and landscaping as required and regulated by the Zoning Ordinance.

P.

Yard Waste Composting Facility.

1.

Site Requirements:

a.

The minimum site shall be twenty (20) acres.

b.

A minimum area of one (1) acre shall be provided for each three thousand (3,000) cubic yards of organic material to be composted.

c.

All ingress and egress shall be directly onto a proposed major thoroughfare of at least one hundred twenty (120) feet of right-of-way.

d.

The public road servicing the site must be paved. The access or service roads on the site shall be paved for at least the first two hundred fifty (250) feet from the public road. This portion of the access road shall be a minimum of twenty-four (24) feet and shall be paved. All other roads/maneuvering lanes onsite shall be built to a standard acceptable to the Township to ensure emergency access is maintained and shall be kept dust free at all times.

e.

Only typical yard waste shall be composted or stored on site. These yard wastes typically include: leaves, grass clippings, brush or shrub trimmings.

f.

The entire area being actively composted shall be clay lined to a thickness determined by the Township Engineer based on underlying soil conditions, water table, potential for groundwater contamination, proximity to environmentally sensitive areas, etc.

2.

Application Requirements (may be shown on the site plan or as an addendum to the plan):

a.

A site plan meeting the requirements of this Ordinance.

b.

Name, address and telephone number of the owner, or owners, of land of the subject site.

c.

Location, size and legal description of the total land area proposed for such use.

d.

Name, address and telephone number of applicant making a request for such permit.

e.

Name, address and telephone number of the person, firm or corporation who, or which, will be conducting the actual composting operation.

f.

Types of materials to be composted.

g.

Types and number of equipment used (i.e., shredders, front-end loaders, windrow turning machine, screening and shakers).

h.

Location and sizes of staging area, windrows, curing area, screening area, finished product, shipping and loading.

i.

Location and dimensions of office, control booths, maintenance and storage buildings. Plans shall show the location of all fuel storage facilities and shall detail all primary and secondary containment for all hazardous materials.

j.

Location, numbers, types and cross-sections for landscaping, screening, berms and buffers.

k.

Location of any adjacent wetland or flood plain.

l.

On-site topography with elevations or contours not greater than two (2) feet.

m.

A site drainage plan addressing the method of storm water runoff shall be provided for review and approval by the Township Engineer. Ponded water shall not be permitted to collect on site. An appropriate stormwater quality facility in addition to the required settling basin/detention pond or similar device, shall be installed prior to the discharge off site.

n.

Soil types and water table.

o.

Water source.

p.

Personnel, number and classifications.

q.

Development Impact Statement

(1)

Information and Data Required.

(a)

Location map at 1" = 200', indicating the location of the subject property in relation to the Township's thoroughfare system.

(b)

Zoning Map, indicating the subject property and the zoning of adjacent properties for a radius of one half (½) mile, measured from the boundaries of the site.

(c)

Land Use Map, indicating the subject property and adjacent land uses by type for a radius of one half (½) mile, measured from the boundaries of the site. An aerial photograph may be used to illustrate this information.

(d)

Site conditions of the subject property, indicating the following information. All information shall be depicted graphically on an existing conditions map and accompanied by the most recent aerial photography supplied by the Macomb County Planning and Economic Development Department.

(1)

Location and size of existing natural features, such as streams, bodies of water, floodplains, soil types and conditions, topography, ground water table, and vegetation inventory (classification of existing types by general location and numbers or density as appropriate). If the possibility of wetlands exist on-site, an official Level III wetlands assessment conducted by the Michigan Department of Natural Resources and Environment shall be conducted.

(2)

A woodlands map identifying the location, size and type of site vegetation.

(3)

Location and size of existing facilities and utilities, as applicable (thoroughfares, water service, sanitary sewer, storm drain, gas lines, electric lines, etc.) on the site or available to serve the site.

(4)

Improvements adjacent to and directly across the street, i.e., driveway approaches, passing lanes, curb-cuts, etc.

(e)

Conceptual Plan, showing how the proposed composting facility relates to the above-referenced conditions.

(f)

Other information, as determined by the Planning Commission that may be necessary to assess the impact of the proposed development.

(2)

Impact Assessment.

The applicant shall provide information assessing the impact of the proposed composting facility as it pertains to the following factors. The required information shall be provided in narrative and graphic formats, as appropriate.

(a)

Land Use Impacts.

(1)

Brief description of the proposed land use.

(2)

Hours of operation.

(3)

Identify whether the proposed use will create dust, noise, odor or glare that may impact abutting property and how such will be mitigated.

(4)

Project phasing plan or schedule.

(5)

Describe how existing natural features will be preserved.

(6)

Describe impacts on ground water quality or quantity.

(b)

Impact on Public Utilities.

(1)

Description of how the site will be provided with water and sanitary sewer facilities (public system or private), including the adequacy of the existing public utility system to accommodate the proposed new development.

(2)

For sites to be served by wells and septic systems, documentation of adequacy and/or permits from the Macomb County Health Department shall be required.

(3)

Describe the methods to be used to control storm water drainage from the site. This shall include a description of measures to control soil erosion and sedimentation during construction. Correspondence from the Macomb County Drain Commissioner stating their initial concerns and recommendation shall be attached.

(c)

Traffic Impacts.

(1)

Description of Existing Traffic Conditions:

i.

Traffic Counts. Existing conditions, including existing peak- hour traffic volumes and daily volumes, if applicable, on street(s) adjacent to the site. Traffic count data shall not be over two (2) years old, except the community or road agency may permit 24-hour counts up to three (3) years old to be increased by a factor supported by documentation or a finding that traffic has increased at a rate less than two (2%) percent annually in the past three to five (3-5) years.

ii.

Roadway characteristics shall be described and illustrated, as appropriate. Features to be addressed include land configurations, geometrics, signal timing, traffic control devices, posted speed limits, average running speeds and any sight distance limitations. Existing levels of service shall be calculated for intersections included within the study area.

iii.

Existing driveways and potential turning movement conflicts in the vicinity of the site shall be illustrated and described.

iv.

The existing right-of-way shall be identified, along with any planned or desired expansion of the right-of-way requested by the applicable road agency.

v.

Approved developments within the study area shall be part of all calculations for anticipated traffic.

(2)

Trip Generation.

i.

Forecasted trip generation of the proposed use for the a.m. (if applicable) and p.m. peak hour and average day. This shall include the anticipated truck traffic entering and exiting the site. The forecasts shall be based on the data and procedures outlined in the most recent edition of Trip Generation, published by the Institute of Transportation Engineers (ITE). The applicant may use other commonly accepted sources of data or supplement the standard data with data from at least three (3) similar projects in Michigan. All approved but not yet constructed developments shall be included in the forecasted trip generation for the area.

ii.

Any trip reduction for pass-by trips, transit, ride sharing, other modes, internal capture rates, etc. shall be based both on ITE findings and documented survey results acceptable to the agency reviewers. The community may elect to reduce the trip reduction rates used.

iii.

For projects intended to be developed in phases, the trip generation by phase shall be described.

(3)

Trip Distribution.

The projected traffic generated shall be distributed (inbound vs. outbound, left turn vs. right turn) onto the existing street network to project turning movements at site access points and nearby intersections, where required. Projected turning movements shall be illustrated in the report.

(4)

Impact Analysis.

Level of service or "capacity" analysis at all intersections significantly impacted by the proposed development shall be provided using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board.

(5)

Access Design/Access Management Standards.

The report shall include a map and description of the location and design of proposed access (driveways or new street intersections), including any sight distance limitations, dimensions from adjacent driveways and intersections within two hundred and fifty (250) feet on either side of the main roadway, data to demonstrate that the number of driveways proposed are the fewest necessary, support that the access points will provide safe and efficient traffic operation, and be in accordance with the standards of Ray Township and the Macomb County Department of Roads.

(6)

Other Study Items.

The traffic impact study shall include:

i.

Need for, or provision of, any additional right-of-way where planned or desired by the applicable road agency.

ii.

Changes which should be considered to the site plan layout.

iii.

If a traffic signal is being requested, the relationship of anticipated traffic-to-traffic signal warrants in the Michigan Manual of Uniform Traffic Control Devices. Analysis should also be provided on the impacts to traffic progression along the roadway through coordinated timing, etc.

iv.

Description of site circulation and available sight distances at site driveways.

v.

The anticipated area for truck stacking and how such stacking area will alleviate stacking on the adjacent public thoroughfare, not negatively impact any surrounding residential properties, and not interfere with on-site circulation and emergency access.

(7)

Mitigation/Alternatives.

The study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements should be described. The mitigation measures may include items such as roadway widening, need for bypass lanes or deceleration tapers/ lanes, changes to signalization, use of access management techniques, or a reduction in the proposed intensity of use. Proposed mitigation measures should be discussed with the applicable road agency. The responsibility and timing of roadway improvements shall be described.

(8)

All traffic impact studies shall be prepared by a registered Professional Engineer specializing in the preparation of traffic studies. The preparer shall have a minimum of three (3) years of recent experience in the preparation of traffic impact analyses and provide evidence of ongoing familiarity with the Highway Capacity Manual.

(3)

Evaluation Standards.

In reviewing Development Impact Statements, the Planning Commission shall consider the information provided in relation to the following standards:

a.

Land Use Impacts.

(1)

The use shall not result in a negative impact on the surrounding neighborhood or future development, taking into consideration the type and intensity of use on the basis of the potential for nuisances (glare, noise, odor, etc.).

(2)

The use is compatible with planned development patterns, as expressed in the Township's adopted Master Plan.

b.

Public Utilities.

(1)

Public water and sanitary sewers with adequate capacity to serve the site are available, as determined by the Township Engineer.

(2)

For sites where public utilities are not available, documentation has been provided by the appropriate agency that the site is capable of supporting on-site wastewater disposal systems and well(s).

(3)

That the drainage plan for the proposed development is adequate to handle anticipated storm water runoff, and will not cause undue runoff onto neighboring property or overloading the watercourses in the area. Further, that such runoff will not impact water quality of adjacent water bodies.

(4)

That the plan provides for the proper extension of public utilities and drainage improvements as provided for in the Township Master Plan and as determined by the Township Engineer.

c.

Traffic Impacts.

(1)

The proposed development has access to a public road capable of supporting the development.

(2)

The use will not increase traffic that will effectively result in a level of service of "D" or lower on the abutting road or at intersections proximate to the proposed development.

(3)

The number of driveways serving the site are the minimum necessary to accommodate anticipated traffic.

(4)

The placement and design of driveways will accommodate safe movement of traffic into and out of the site, giving particular attention to truck traffic.

(5)

Appropriate mitigation measures have been provided to address the anticipated traffic impacts of the development.

d.

Natural Resources.

(1)

That natural resources will be preserved to the maximum extent feasible, and that areas to be left undisturbed during construction shall be so indicated on the plan.

(2)

The proposed development does not encroach into floodways or floodplains.

(3)

That soil conditions are suitable for excavation and site preparation and the wet or unstable soils not suitable for development will be either undisturbed or modified in an acceptable manner.

(4)

The proposed development will not cause soil erosion or sedimentation problems.

e.

Any adverse impacts that are the direct result of mitigation strategies shall also be addressed.

3.

Operational Requirements:

a.

All composting operations shall utilize aerobic methods. Generally accepted methods for composting as defined by the United States Environmental Protection Agency, Michigan Departments of Natural Resources, Environmental Quality, and Agriculture shall be utilized onsite.

b.

Operation cycle and timetable from acceptance of material on site to disposition of the final product. This shall include shredding, aeration, moisture control, mechanical turning and screening. Pile turnings shall be done to coincide with favorable wind conditions.

c.

Proposed methods of disposing of the final product. The applicant shall show that sufficient contracts exist for the sale of the final product. The plan shall show the size and height of the storage area. The plan shall indicate the type of sales or distribution of product (i.e., retail, individual bags, truckloads, or wholesale).

d.

All operational details shall be clearly delineated. The hours of operation and days of week the facility is open shall be stated. Further details of trucking operations shall also be provided, including number of trucks entering and existing the site daily, truck stacking areas, designated haul routes, etc.

e.

Use of any chemicals or accelerating agents, including bacteria, fungi, nitrogen or sewage.

f.

Monitoring and control methods for environmental protection (odor, dust, anaerobic problems, methane production). Prior to the start of operation, the owner or operator shall provide a written control plan to the Township which shall outline the steps necessary to reverse a breakdown in the system or a pollution problem. Upon a declaration by the Township that such a problem exists, the owner and operator shall be notified and given a reasonable time to correct the problem. If the problem is not corrected, the Township shall have the right to intervene, correct the problem, and use the performance bond to pay for the services.

g.

Plan to ensure that trash and contaminants are not brought onto the site or, if they are, that there is a plan for proper disposal of non-yard wastes at an approved sanitary landfill.

h.

Plan for disposition of unmarketable compost.

i.

Demonstration by operators that the operation is capable of success (profitable).

j.

Yard waste shall be actively rotated. There shall be a maximum accumulation period of three (3) years.

4.

Area, Height and Placement Requirements:

a.

Front yard setbacks (measured from the proposed right-of-way line) fifty (50) feet. No stockpiling shall be located closer than seventy-five (75) feet from the proposed right-of-way.

b.

Side and Rear. No composted material, stockpiling or processing shall be located closer than seventy five (75) feet from side or rear property lines.

c.

Height. The height of any composted material (windrows or stockpiling) shall be limited to eight (8) feet.

d.

Distance to Housing: No stockpiling, storage, loading or unloading, processing, windrows or composting shall take place within five hundred (500) feet of an existing residential dwelling unit.

e.

If any river, creek, stream, swale, drain, regulated wetland, or similar natural feature is present on the site, it shall be buffered by a twenty-five (25) foot undisturbed setback, measured from the outer edge of the floodplain, high water mark, wetland edge, etc. A one hundred (100) foot setback shall be provided between any active composting and a groundwater well. Approval from the appropriate regulating agency shall be required, ensuring the above noted features have been adequately protected from pollution.

5.

Other Requirements:

a.

A composting facility shall not be allowed in any 100-year or 500-year floodplain, unless the Michigan Department of Natural Resources and Environment (MDNRE) has approved the area for such operations. Permission from the MDNRE, stating where composting operations will be allowed in the floodplain, shall be necessary before site plan review.

b.

A composting facility shall not be allowed in any protected wetland. A Wetland Assessment shall be made by the MDNRE prior to site plan review.

c.

Screening. That portion of the site used for composting or stockpiling which is visible from the street or an adjacent residence shall be enclosed, screened or buffered as follows: an eight (8) foot high berm with a four (4') foot wide flat crown, shall be constructed along the entire perimeter of the site or the area being actively utilized for composting. A double row of evergreens (6'-8' in height at planting) shall be planted atop the berm fifteen (15') feet on center for each row. The rows shall be offset a minimum of eight (8) feet. This requirement may be altered as determined by the Planning Commission based on a finding that a more suitable alternative is available which accomplishes the intent of this section.

d.

Trash Receptacles. Adequate trash receptacles shall be provided and shall be completely obscured from view by a screen fence or wall.

e.

Signs. There shall be no more than one (1) freestanding or ground sign, not to exceed thirty-two (32) square feet of sign area or exceed six (6) feet in height.

f.

Parking. A minimum of three (3) off-street parking spaces shall be provided and shall be laid out in such a way that they can be safely and conveniently used. The Planning Commission shall determine the number of additional parking spaces necessary based on the number of employees and the anticipated traffic that will be generated.

g.

Performance Guarantees. The Commission shall require and establish the amount of any performance guarantees, such as bonds or letters of credit or other means of guarantee acceptable to the Township, to assure zoning and special approval compliance, to correct breakdowns in the composting system, and to guarantee restoration in the event of abandonment, hazardous waste, or other environmental pollution. The amounts of these bonds shall be established by the Township Engineer and shall be stipulated as a part of any conditions of approval.

h.

Reserved.

i.

Approvals. The applicant shall provide letters from Macomb County, the Michigan Department of Natural Resources and Environment (MDNRE), etc. that this operation, based on the proposed site plan:

(1)

Is consistent with the Macomb County Solid Waste Management Plan.

(2)

That the appropriate State agencies have reviewed such plans and are not aware of any problems and does not have any environmental concerns from the proposed operation.

j.

All yard waste composting operations shall be licensed yearly by the Township Board. As a part of the yearly licensing, a licensing fee as established by Township Board Resolution shall be paid in full. As a condition of that permit, any and all costs incurred by the Township to verify compliance with this Ordinance, or as a result of the review of monthly reports, general site inspections as a result of the permit or those monthly and annual reports shall be the responsibility of the applicant. Any violation of this Ordinance shall be grounds for the denial of a license.

k.

Inspection. As a condition of the composting license, the site shall be open for inspection to the Township during normal business hours or within twenty- four (24) hours per Township request. Further, the operator of the facility shall supply the Township with a monthly report (between the months of April and October) including, at a minimum, the following information: the amount of material brought to the site, the amount of material taken from the site, results of groundwater and surface water monitoring, any issues with rodents or other health concerns, any indications of violations or potential violations of the license or this Ordinance and actions to correct such action, and any other information cited as a condition of the annual license as granted by the Township.

Q.

Adult Use/Entertainment.

1.

Purpose. In the development of a community, there are some uses which, because of their nature, are recognized as having, or as having a potential for, serious, damaging, and deleterious effects on the community, its business activity and commerce, and its citizens, including children, particularly when such uses are close to residential neighborhoods or when several of such uses are concentrated in areas within the community. Special regulations of these uses are necessary to promote and protect the public health, safety, and general welfare of the community and its citizens, and to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, and to protect and conserve property values therein. Uses subject to these special controls are as follows:

a.

Adult bookstores;

b.

Adult video stores;

c.

Adult motion picture theaters;

d.

Adult cabarets or adult clubs;

e.

Any other adult orientated use.

It is the purpose of this section to prevent the concentration of these uses in any one area and prevent the location of these uses near residential zones, churches, schools and public or private parks.

2.

Location of regulated adult use.

a.

Subject to compliance with the standards contained in this Section and any applicable obscenity law, ordinance or statute, or any other applicable rule, law, ordinance or statute, a regulated adult use shall be permitted to locate and operate only in the following designated zone after special land use approval:

(1)

Industrial (I-1).

b.

No regulated adult use shall be established or maintained on a parcel of land which parcel has a boundary within 500 feet from a boundary of any of the following:

(1)

Any parcel of land zoned or used for single family, two family or multiple family dwellings;

(2)

Any parcel of land zoned for a mobile home park;

(3)

Any parcel of land having a school or church thereon;

(4)

Any parcel of land used as a public or private park;

3.

Application procedure. In order to establish any of the regulated adult uses whether as a portion of an existing store or facility or as a new store or facility, a special land use application for such use shall first be made to the Planning and Zoning Department. The application shall then be processed as provided for in Section 2203 of the Ray Township Zoning Ordinance. Only those applications for adult regulated uses which meet the location standards set forth in this section, all applicable special land use standards of Section 2202 and other applicable laws of the Township shall be approved.
Amended: December 4, 2012

R.

Race Tracks, Motocross Tracks, Tractor Pulls, Mud Bogs for motorized vehicles and the Like.

1.

Race tracks, motocross tracks, tractor pulls, mud bogs and the like shall be permitted as a special land use approval in the I-1 Industrial District.

2.

A site for any race track, motocross track, tractor pull, mud bog, or the like shall be no less than thirty (30) acres.

3.

The minimum setback from any property line shall be one hundred (100) feet for any area utilized as a part of the track facility (except the entry drive). The Planning Commission may modify this standard based on but not limited to, the existing physical conditions, existing approved site plan, a building permit being issued, planned surrounding land uses, the existing zoning, justifying such modification.

4.

The site shall have direct access to a major thoroughfare as defined in the Ray Township Master Land Use Plan.

5.

The general layout of the site shall be provided depicting specific areas for racing (activity) as well as "pit", staging, spectator viewing and walking/maneuvering areas, vehicular parking and maneuvering areas. Particular attention shall be given to the separation of the activity and pit areas from those areas dedicated to parking and spectators. The method of physically separating the activity and pit areas from the general parking and spectator areas shall be clearly noted and shall provide an acceptable means of ensuring such separation.

6.

Due to the presence of, but not limited to noise, dust, odor, and light the Planning Commission may limit the number of days and hours of operation that the event may be held including all ancillary aspects of the event. The noise levels generated from the site shall not exceed 60 decibels at the property line. Adequate screening and site planning in an amount necessary to ensure appropriate noise levels are maintained shall be employed.

7.

An emergency action plan, including emergency access routes shall be in place as approved by the Township Fire Department; this also includes the necessity of emergency vehicles to be located onsite or on stand by during event times. The cost of this shall be the responsibility of the applicant. The Planning Commission, based on the recommendation of the Fire Department may waive or alter this requirement.

8.

A plan delineating staff operation and procedures as well as a safety plan shall be provided for all workers onsite. These plans may include, but are not limited to; clarification on the number of employees dedicated to certain areas of the site, their roles in the operation, their training and/or certifications. All staff members shall wear appropriate marked clothes (such as day glo orange vests or similar) identifying them as official staff.

9.

The storing of any fuels or other hazardous materials as defined by MDOT, MDEQ or NFPA, which may cause the risk of fire or contamination shall be noted for the record and the method of storing and containing such fuels and fluids shall also be provided for review and approval by Fire Department.

10.

A written plan for how spilled or lost fluids will be recovered from the track, driving or pit areas if such fluids are lost as a result of an engine break or other issue which releases fluid onto the track or any dirt surface.

11.

If any event is to be run at night and lighting is necessary, particular attention shall be given to the placement, intensity and angle of lights to ensure light pollution onto adjacent roadways and properties is eliminated.

12.

The ticket or admission area shall be placed in such a manner that allows for the stacking of vehicles attending the event on the site and does not require stacking, stopping or staging of vehicles on the adjacent roadways at any time.

13.

The location of acceptable restroom facilities shall be shown, either temporary or permanent. If permanent, the location of the appropriate hook up to an approved public system or a septic field as approved by the Health Department shall be shown. If temporary, a written plan for cleaning, emptying and the removal of the temporary facilities on a regular basis should be provided.

14.

The use and location of a speaker or public address system shall be reviewed as a part of special land use approval. The method of limiting the projection of audible noise from the speaker or address system shall be clearly noted and may be further restricted by the Township in order to minimize potential adverse effects on surrounding property owners.

15.

Only active vehicles shall be within the defined race or activity area. All other vehicles shall be kept either in the defined staging or pit areas.

16.

Proof of insurance shall be provided as follows: comprehensive general liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, the policy shall also include an umbrella or excess liability policy in the amount of $1,000,000 per occurrence and in excess of the aggregates. These terms shall be considered minimums. These policies shall be provided for each event. Finally, the Township shall be noted as an additionally insured entity as a part of all policies.

17.

A plan shall be provided which indicates how the abutting public roads will be kept clean and free of debris. This could include, but is not limited to aggregate stabilized entrances of at least fifty (50) feet, car/truck washing area, the trailering of competition vehicles.

18.

The Township may waive the requirement (based on the Township Engineer) for the surface materials for all or portions of the parking area due to the seasonal and potential limited use of these types of facilities. The Township may approve alternate surface materials which may include, but are not limited to grass, gravel, and milled or crushed asphalt and concrete.

As a condition of waiving the requirement for a paved parking and maneuvering area, the Township may reevaluate the waiver and require the property owner to pave the parking and all maneuvering areas compliant with Township requirements should the operation of the site consistently draw one hundred (100) vehicles or more vehicles for a total of seventy five (75) percent of the events conducted in a calendar year.

19.

For those tracks or facilities that don't require the construction of physical structures, a written plan or statement shall be provided which indicates how the site will be returned to its previous state as determined necessary by the Township Planning Commission to ensure the site is in a safe condition and adequate drainage is maintained.

20.

There shall be no overnight staying in tents, vehicles, campers or other recreational type vehicles at the event site unless specifically approved by the Township. If requested, the Township shall review the location and size of the dedicated overnight area as a part of a special land use review, ensuring that the location and potential impact of the overnight area will not have a negative impact on surrounding properties.

21.

All proper Township, County, and State reviews and permits shall be obtained prior to the commencement of the activity. This potentially includes, but is not limited to roadway permits, soil erosion permits, sedimentation permits, health department permits.
Amended: April 16, 2013

S.

Agricultural Tourism.

1.

Purpose: It is recognized that agricultural tourism uses protect and promote agriculture as an important component of our township's economy, empower farmers and other rural land owners to start new entrepreneurial endeavors that augment and highlight the importance of local agriculture, and entice residents and visitors to see and experience the value of agricultural lands to our culture, economy and local food supply.

2.

Allowable uses: The following agricultural tourism uses are permitted in the R-1 Agricultural Residential zoning district subject to Special Land Use Approval:

a.

Wineries;

b.

Cider mills and orchards;

c.

U-pick fruits and vegetables, and farm markets;

d.

Seasonal restaurant operations primarily selling agricultural products grown, produced, or raised on site.

3.

Accessory uses: The following uses are permitted as an accessory use only to any of the above permitted allowable uses, subject to special land use approval:

a.

Tasting rooms;

b.

Kitchen facilities (owned and operated by the land owner) for processing/cooking items grown predominantly on the site;

c.

Gift shops for the sale of agricultural products, agricultural related product, as well as promotional items bearing the name of the agricultural tourism operator;

d.

Event barns;

e.

Food concessions;

f.

Petting farms, animal display, pony rides, and playground equipment, and other similar type uses;

g.

Small scale entertainment that is ancillary to the agricultural tourism operations on the property;

h.

Outdoor mazes of agricultural origin such as straw bales or corn;

i.

Wagon, sleigh, and hayrides;

j.

Nature trails;

k.

Open air or covered picnic areas;

l.

Educational classes, lectures, seminars related to agriculture such as: farming, food preparation, food processing, or food safety;

m.

Other uses similar to the above.

4.

General requirements:

a.

The minimum parcel size required to conduct an agricultural tourism use is five (5) acres.

b.

The hours of operation of any outdoor agricultural tourism activity shall be limited to 9:00 a.m. to 7:00 p.m. on Sunday through Thursday, and 9:00 a.m. to 10:00 p.m. on Fridays and Saturdays.

c.

Access to the site shall be directly from a major or secondary thoroughfare have a minimum right-of-way width of eighty-six (86) feet.

d.

All agricultural tourism uses shall conform to the setback and height restrictions of the R-1 Agricultural Residential zoning district.

e.

Landscaping, pursuant to Section 1811, shall be required. In instances where the required landscaping would serve no useful purpose, the Planning Commission may waive the requirement.

f.

Any proposed outdoor lighting must be compliant with Section 1814.

g.

Agricultural tourism uses shall provide parking at a ratio of one (1) space for each five hundred (500) square feet of indoor retail/eating/drinking areas, and one (1) space for every one thousand (1,000) square feet of outdoor related activity areas. Such parking areas shall be concrete, asphalt, gravel, or stone, or other material as approved by the Planning Commission.

h.

The Planning Commission may require overflow parking areas based upon the anticipated peak seasonal demand of the proposed use. The Planning Commission may also allow such overflow parking areas on gravel, dirt, or cut lawn.

i.

All parking areas shall be located outside of the existing and proposed rights-of-way and shall be located in such a manner to avoid traffic hazards associated with entering and exiting the site.

(Ord. of 2-18-2014; Ord. of 1-16-2018; Ord. of 2-19-2019; Ord. of 3-15-2022)