Environmental performance regulations are established in order to preserve the shortterm and longterm environmental health, safety, and quality of the township. No parcel, lot, building or structure in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable element or condition so as to adversely affect the surrounding area or adjoining premises. Any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards are employed to limit dangerous and objectionable elements to acceptable limits as established by the following performance standards. No use, otherwise allowed, shall be permitted within any district which does not conform to the following regulations of use, occupancy, and operation. These regulations are established as minimum requirements to be maintained. Nothing contained herein is intended to restrict farming operations in accordance with the Michigan right to farm act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

(Ord. No. 275, § 11.01, 10-21-2003)

1. Smoke and air contaminants. It shall be unlawful for any person to permit the emission of any smoke or air contaminant from any source whatsoever to a density greater than that permitted by federal clean air standards and those standards promulgated by the state.
2. Odors. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public or which interferes unreasonably with the comfort of the public shall be removed, stopped, or so modified as to remove the odor.
3. Gases. The escape or emission of any gas which is injurious or destructive, harmful to person or property, or explosive shall be unlawful and shall be abated.

(Ord. No. 275, § 11.02, 10-21-2003)

1. Noise which is objectionable as determined by the township due to volume, frequency, or beat shall be muffled, attenuated, or otherwise controlled, subject to the following schedule of maximum noise levels permitted:
   
   

   Octave Band in Cycles Per Second	Along Residential District Boundaries Maximum Permitted Sound Level (in Decibels)	Along All Nonresidential District Boundaries Maximum Permitted Sound Level (in Decibels)
   0 to 150	70	70
   150 to 300	60	66
   300 to 600	52	60
   600 to 1,200	46	53
   1,200 to 2,400	40	47
   above 2,400	34	41

2. In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be so controlled so as not to become a nuisance to adjacent uses.
3. Air raid sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

(Ord. No. 275, § 11.03, 10-21-2003)

1. No use shall generate any ground transmitted vibration in excess of the limits set forth in subsection (d) of this section. Vibration shall be measured at the nearest adjacent lot line.
2. The instrument used to measure vibrations shall be a three compartment measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.
3. The vibration maximums set forth in subsection (d) of this section are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:
   
   PV = 6.28 F × D
   
   Where:
   
   PV = Particle velocity, inches-per-second
   
   F = Vibration frequency, cycles-per-second
   
   D = Single amplitude displacement of the vibration in inches
   
   The maximum velocity shall be the vector sum of the three components recorded.
4. Table of maximum ground-transmitted vibration.
   
   

   Particle Velocity, Inches per Second
   Along Nonresidential District Boundaries	Along Residential District Boundaries
   0.10	0.02

5. The values stated in subsection (d) of this section may be multiplied by two for impact vibrations (i.e., noncyclic vibration pulsations not exceeding one second in duration and having a pause of at least two seconds between pulses).
6. Vibrations resulting from temporary construction activity shall be exempt from the requirements of this section.

(Ord. No. 275, § 11.04, 10-21-2003)

1. It shall be unlawful for any person, firm, corporation or other legal entity to pollute, impair or destroy the air, water, soils or other natural resources within the township through the use, storage and handling of hazardous substances and/or wastes or the storage and disposal of solid, liquid, gaseous and/or sanitary wastes.
2. Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances shall obtain the appropriate permits or approval from the state, and/or other designated enforcing agencies.
3. Any person, firm, corporation or other legal entity operating a business or conducting an activity which uses, stores, or generates hazardous substances or petroleum products shall complete a hazardous chemicals survey and a pollution incidence protection plan (PIPP) in conjunction with the following:
   1. Upon submission of a site plan.
   2. Upon any change of use or occupancy of a structure or premises.
   3. Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.
4. All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 220 pounds) shall comply with the following standards:
   1. Aboveground storage and use areas for hazardous substances.
      1. Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
      2. Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism.
      3. Secondary containment structures such as out buildings, storage rooms, sheds and pole barns shall not have floor drains which outlet to soils, groundwater, or nearby drains or rivers.
      4. Areas and facilities for loading/unloading of hazardous substances, as well as areas where such materials are handled and used, shall be designated and constructed to prevent discharge or runoff to floor drains, rivers, lakes, wetlands, groundwater, or soils.
   2. Underground storage tanks.
      1. Existing and new underground storage tanks shall be registered with the authorized state agency in accordance with requirements of the U.S. Environmental Protection Agency and the state police fire marshal division.
      2. Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with requirements of the state police fire marshal and the township. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. Records of monthly monitoring or inventory control must be retained and available for review by state or local officials.
      3. Out-of-service abandoned underground tanks shall be emptied and removed from the ground in accordance with the requirements of the state police's fire marshal division, the state department of environmental quality, and the township.
   3. Loading and unloading areas. Areas used for the loading and unloading of hazardous substances shall be designed and constructed to prevent the harmful release to the environment of hazardous materials which may be spilled or leaked.
5. All site plans for business or facilities which use, stores or generate hazardous substances shall be reviewed by the township fire department, township engineer and any other appropriate experts determined necessary by the planning commission prior to approval by the planning commission.

(Ord. No. 275, § 11.05, 10-21-2003)

State Law reference— Hazardous waste management act, MCL 324.11101 et seq.; hazardous materials transportation act, MCL 29.417 et seq.

No use shall:

1. Create any electrical disturbance that adversely affects any operation or equipment other than those of the creator of such disturbance.
2. Cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmission) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. No. 275, § 11.06, 10-21-2003)

1. Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, and as not to create a public nuisance or hazard along lot lines.
2. The design and/or screening of the development shall ensure that glare from automobile and commercial or industrial vehicle headlights shall not be directed into any adjacent property, particularly residential property.
3. Exterior 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. Any operation, which produces intense glare or heat, shall be conducted within an enclosure so as to completely obscure and shield such operation from direct view form any point along the lot lines. If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.
4. Exterior doors shall be located, operated, and maintained so as to prevent any glare and light from creating a nuisance or safety hazard to operators of motor vehicles, pedestrians, and neighboring land uses.
5. On-site lighting (i.e., parking, building lights, etc.) shall conform to the following regulations:
   1. It is the goal of the township to minimize lighting levels to reduce off-site impacts, 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 dark skies in keeping with the rural character of the township.
   2. When site plan review is required, all lighting, including signage and ornamental lighting, shall be shown on site plans in sufficient detail with appropriate photometric studies to allow determination of the effects of such lighting upon adjacent properties, traffic safety, and overhead sky glow. The objectives of these specific actions are to minimize undesirable on-site effects.
   3. Only non-glare, color-corrected lighting shall be permitted. For all nonresidential uses, full cutoff shades are required for light sources so as to direct the light onto the site and away from adjoining properties. The light source shall be recessed into the fixture so as not to be visible from off site. Building- and pole-mounted fixtures shall be parallel to the ground. Wall-pak type lighting shall be prohibited.
   4. Illumination levels.
      1. Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 footcandle along property lines. Lighting for uses adjacent to nonresidential properties shall be designed and maintained such that illumination levels do not exceed 0.3 footcandle along property lines.
      2. Where lighting is required, 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 township board, after receiving a recommendation from the planning commission, may allow for an increased level of lighting above maximum permissible levels when the board determines that the applicant has demonstrated that such lighting is necessary for safety and security purposes.
      3. For the purposes of this chapter, all lighting measurements shall be taken at ground level.
   5. 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 18 feet measured from the ground level to the centerline of the light source.
   6. Signs shall be illuminated only in accordance with the regulations set forth in this chapter. In addition, signs within residential districts shall not be illuminated.
   7. Building- or roof-mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purposes shall not be permitted.
   8. Subdivision or site condominium street lighting is not permitted. The township board, after receiving a recommendation from the planning commission may allow for street lighting when the board determines that the applicant has demonstrated a need for such lighting.

(Ord. No. 275, § 11.07, 10-21-2003)

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

(Ord. No. 275, § 11.08, 10-21-2003)

State Law reference— State fire prevention code, MCL 29.1 et seq.

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

(Ord. No. 275, § 11.09, 10-21-2003)

1. Community wastewater utility systems shall require a conditional use permit from the township board in accordance with the procedures and standards set forth in article VII of this chapter. Community wastewater utility system shall be strictly prohibited in areas of the township served by public sanitary sewers unless it is determined, in the sole discretion of the township board, the proposed project to be served by the system provides a recognizable and material benefit to the community and/or provides long term protection of natural resources and environmental features. Single-family residentially zoned parcels with an approved accessory dwelling unit are exempt from the definition of a CWUS and the standards of this section.
2. In addition to the requirements established by the township, the state and/or the county, the following site development and use requirements shall apply:
   1. Required standards and findings set forth in section 36-224 shall be met.
   2. All operations shall be completely enclosed by a fence not less than six feet high.
   3. All operations and structures shall he surrounded on all sides by a setback of at least 200 feet in width from the nearest dwelling located within a development project served by a community wastewater system and at least 200 feet from a property line shared with an adjacent property. Landscape buffering in accordance with section 36-345(b)(3) shall be placed to minimize the appearance of the installation and to help confine the odors therein. The township planning commission and township board shall have the authority to review the design and treatment of all buffer strips.
   4. The point of discharge of a community wastewater utility system shall be located a minimum of:
      1. Fifteen hundred feet from another approved community wastewater utility system.
      2. Two thousand feet from an established public well head protection area.
      3. Two hundred feet from a wetland.
      4. Two hundred feet from the ordinary high-water mark of any body of water.
   5. A community wastewater utility system should be restricted to a single development project and shall not provide service to other properties and/or development projects.
   6. The area devoted to a community wastewater utility system shall not be used to satisfy open space required by any other provisions of this chapter.
   7. Community wastewater utility systems shall also be subject to the provisions of chapter 34, article III, division 3.

(Ord. No. 275, § 11.10, 10-21-2003; Ord. No. 3386, § 23, 7-21-2006)

State Law reference— Waterworks systems, sewers and disposal plants, MCL 324.4301 et seq.