Environmental standards are established to preserve the short and long-term environmental health, safety, and quality of the village. No parcel, lot, building or structure in any district shall be used or occupied in any manner 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 standards of use, occupancy, and operation. These standards are established as minimum requirements to be maintained.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Intent. The intent of this section is to:

(1)

Protect and preserve the appearance, character, and value of the community.

(2)

Minimize noise, air, and visual pollution.

(3)

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

(4)

Require buffering of residential areas from more intense land uses and public road rights-of-way.

(5)

Prevent soil erosion and soil depletion and promote sub-surface water retention.

(6)

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

(7)

Encourage the integration of existing woodlands in landscape plans.

(b)

Application of requirements. These requirements shall apply to all uses for which site plan review is required under section 6-45 and subdivision plat review as required under the subdivision control ordinance. No site plan, site condominium plan, or subdivision plat shall be approved unless a landscape plan is provided which meets the requirements set forth herein.

(c)

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

(1)

Location, spacing, size, root type and descriptions for each plant type.

(2)

Typical straight cross section including slope, height, and width of berms.

(3)

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

(4)

Details in either text or drawing form to ensure proper installation and establishment of proposed plant materials.

(5)

Identification of existing trees and vegetative cover to be preserved.

(6)

Identification of grass and other ground cover and method of planting.

(7)

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

(d)

Screening between land uses.

(1)

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

(2)

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

A required wall shall be located on the lot line except where underground utilities interfere and except in instances where this zoning ordinance requires conformity with front yard setback requirements. Upon review of the landscape plan, the village may approve an alternate location of a wall. The village and the building official shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, and precast brick face panels having simulated face brick, stone or wood.

(e)

Parking lot landscaping.

(1)

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

a.

There shall be a minimum of one tree for every eight parking spaces, provided that a landscape island shall be provided for no more than 16 continuous spaces.

b.

Landscaping shall be arranged in curbed islands within the parking lot which shall not be less than 50 square feet in area.

c.

A minimum distance of three feet from the backside of the curb and the proposed landscape plantings shall be provided. Where vehicles overhang a landscape island or strip, a minimum distance of five feet from the back side of the curb and the proposed landscape plantings shall be provided.

d.

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

(2)

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

a.

Parking lots which are a conflicting land use as defined by this section shall meet the screening requirements set forth in subsection (d).

b.

Parking lots shall be screened from view with a solid wall at least three feet in height along the perimeter of those sides which are visible from a public road. The village, at its discretion, may approve alternative landscape plantings in lieu of a wall.

(f)

Greenbelts. A greenbelt shall be provided which is an area established at a depth of the required front yard setback within a zoning district and landscaped in accordance with the following requirements:

(1)

The greenbelt shall be landscaped with a minimum of one tree for every 30 lineal [linear] feet, or fraction thereof, of frontage abutting a public road right-of-way. Non-ornamental deciduous trees within a greenbelt shall be a minimum caliper of two and one-half inches or greater. Evergreen trees within a greenbelt shall be a minimum height of six feet.

(2)

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

(3)

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

(4)

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

(g)

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

(h)

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

(1)

Street trees. The frontage of all internal public or private streets shall be landscaped with a minimum of one tree for every 50 lineal [linear] feet, or fraction thereof. Such street trees shall meet the minimum size and spacing requirements set forth in subsection (k).

(2)

Screening between land uses. Where a subdivision or site condominium contain uses which are defined as conflicting land uses by this section, the screening requirements set forth in subsection (d) shall be met.

(3)

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

(4)

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

(i)

Screening of trash containers.

(1)

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

(2)

Containers shall be consolidated to minimize the number of collection sites and located to reasonably equalize the distance from the building they serve.

(3)

Containers and enclosures shall be located away from public view, whenever possible.

(4)

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

(5)

Concrete pads of appropriate size and construction shall be provided for containers or groups of containers having a capacity of six 30-gallon cans or more. Aprons shall be provided for loading of bins with a capacity of one and one-half cubic yards or more.

(6)

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

(7)

Screening and gates shall be of a durable construction.

(j)

Landscape elements. The following minimum standards shall apply:

(1)

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

(2)

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

(3)

Berms. Berms shall be constructed with slopes not to exceed a one to three gradient. Berm slopes shall be protected with sod, seed, or other form of natural ground cover.

(4)

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

a.

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

b.

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

c.

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

(5)

Installation, maintenance, and completion.

a.

All landscaping required by this article shall be planted before obtaining a certificate of occupancy or the appropriate financial guarantee, as set forth in section 6-48, shall be placed in escrow in the amount of the cost of landscaping to be released only after landscaping is completed.

b.

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

c.

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

(k)

Minimum size and spacing requirements. Where landscaping is required the following schedule sets forth minimum size and spacing requirements; for representative landscape materials:

SIZE AND SPACING REQUIREMENTS

SIZE AND SPACING REQUIREMENTS (con't.)

;sz=8q; *For hedge plantings

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Public tree care. The village manager shall have control over all trees located within the street rights-of-way, village easements, and public parks in the village and the planting, care and removal thereof, subject to the regulations contained in this chapter. The owner of land abutting on any street may, upon obtaining prior written permission of the village manager, prune, spray, plant or remove trees in that part of the street abutting his land which is not used for public travel, but no person shall otherwise prune, spray, plant or remove any tree in any street or park. Every such permit shall specify the extent of the authorization and the conditions to which it is subject.

(b)

Permits for tree planting. The village manager shall prepare and have available for the public an application consistent with the requirements of this article.

(c)

Public tree removal. The department of public works (DPW) shall have the right to plant, trim, spray, preserve and remove trees, plants, and shrubs within the right-of-way lines of all streets, alleys, avenues, lanes, easements, and parks of the village, as may be necessary to ensure safety or to preserve the symmetry and beauty of such property. The village manager may remove, cause or order to be removed, any tree, or part thereof which is an unsafe condition, which is of a prohibited species or which is infested with any injurious disease, fungus, insect or other pest. The DPW shall not be required to notify adjoining property owners, prior to exercising the rights and responsibilities set forth in this section.

Whenever the DPW shall remove any tree, plant or shrubs, solely for the purpose of constructing any public works, the village manager shall, if practicable, replace the same at public expense, at some nearby location by planting another tree, not necessary of the same type. Any new or replacement plantings required for restoration work shall be consistent with the requirements of this article.

(d)

Tree planting regulations.

(1)

No tree of any prohibited species shall be planted in any street or park, nor shall such tree be planted on any private property within 50 feet of any street or sidewalk right-of-way or any sewer or sewer extension. Shade trees planted in any street right-of-way shall be spaced not less than 40 feet apart.

(2)

The owner of a lot may, in order to provide a shade or ornamental tree in front of his property, secure permission to plant a tree closer than 40 feet from an existing tree, but in no case shall such planting be within 30 feet of any existing tree, within the right-of-way.

(e)

Utilities—Street trees.

(1)

No street tree, other than those species listed as small trees in section 6-176 of this article may be planted under or within ten lateral feet of any overhead utility wire or, over or within five feet of any underground water line, sewer or transmission line or other utility.

(2)

When trees are planted in the right-of-way, every effort will be made to plant such trees on the side of the right-of-way free of utilities, if possible.

(3)

No tree shall be planted nearer to the intersection of any street than 20 feet from the corner of such intersection.

(4)

No person shall place within the street right-of-way any stone, brick, sand, concrete or other material which will in any way impede the full and free passage of water, air or fertilizer to the roots of any tree, except a sidewalk of authorized width and location.

(f)

Trees on private property.

(1)

No person shall plant any tree on private property within the village unless the distance from the center of the trunk of such tree to nearest street of way line measurers six feet or more.

(2)

No person shall plant on private property within the village any tree listed as a small tree within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(3)

No person shall plant on private property within the village any tree listed as a medium tree within ten lateral feet of any underground water line, sewer line, transmission line or other utility.

(4)

No person shall plant on private property within the village any tree listed as a large tree within 15 lateral feet of any underground water line, sewer line, transmission line or other utility.

(5)

The following trees are not recommended for planting on public or private property:

(6)

No person shall plant on private property within the village any tree enumerated in either subsections (f)(5) or (g) within 25 lateral feet of any underground water line, sewer line, transmission line or other utility.

(7)

No person shall plant on private property or on a public street any tree without contacting Miss Dig prior to beginning excavation.

(g)

Street trees species to be planted. The following list constitutes the official street tree species for the Village of Stockbridge. No species other than those included on this list may be planted as street trees without written permission of the village manager.

(h)

Trees prohibited in street rights-of-way less than 50 feet. Street trees will not be allowed in street rights-of-way narrower than 50 feet in width. These streets include, but are not limited to:

Garfield Street

Hill Street

Old Orchard Lane

Spring Street

Rice Street

(i)

Penalty. Any person, firm or corporation violation or failing to comply with any of these provisions of this article shall be guilty of a municipal civil infraction under section 1-6(b).

(Ord. No. 2018.10-1, 10-1-2018)

Any person desiring to build or cause to be built a fence, wall, or screen upon property within the Village of Stockbridge shall first apply to the zoning administrator for a permitNote: (Construction/emergency/safety/event fences are exempt from requiring a permit.) Application for such permit shall contain any and all information, including site plan and opacity, which are required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this article. The fee for such permit shall be set by council resolution.

Except as otherwise required by this article, the following regulations shall apply:

(a)

General requirements. All fences in the village shall meet the following requirements:

Note: (Construction/Emergency/Safety/Event fences are exempt from requiring a permit.)

(1)

Permit. Any person desiring to build or causing to be built a fence wall, or screen or replace a fence wall, or screen upon property within the corporate limits of the Village of Stockbridge shall first apply to the zoning inspector for a permit to do so. Application for such permit shall contain any and all information, including drawings, required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this chapter or the laws of the State of Michigan. In issuing a fence permit, the Village of Stockbridge shall not be responsible for the location of fence with respect to property lines.

(2)

Standards. It shall be unlawful for any person, firm or corporation to construct or cause to have constructed any fence wall, or screen upon any property within the corporate limits of the Village of Stockbridge, except in accordance with the requirements herein provided.

Note: (Construction/Emergency/Safety/Event fences are exempt from requiring a permit.)

a.

All fences, walls, or screens shall be constructed within the property lines (as stipulated in Table 1) of a lot unless there is a written consent from the adjoining property owners. The village shall not be responsible for the determination of the location of any fence to be erected on lot lines. Fences wall, or screen shall be constructed at least five feet from any public sidewalk or right-of-way.

b.

Table 1 provides: Fence height, wall height, or screen height, set back and opacity and allowed type of construction material. Table 1 requirements shall apply to all types of fences.

TABLE: 1

c.

Gates in fences shall not open over public property.

d.

Retaining walls taller than one foot above the adjacent ground level shall be considered as fences and shall be subject to the requirements of this section.

e.

Fences which enclose public or institutional parks, playgrounds or public landscaped areas, situated within an area development with recorded lots, shall not exceed eight feet in height and shall not obstruct vision to an extent greater than 25 percent of their total area. The zoning board of appeals may permit a greater height.

f.

The height of a fence shall be measured from the average grade of the fence line.

g.

Temporary fences such as construction fences or any other type of temporary fencing may be permitted but shall not be in place for a period greater than one year without special approval of the zoning board of appeals.

h.

Public property owned by the village in the (PUB) district and in districts M-1, C-2, C-3 barbed wire, up to three strands may be installed on top of a minimum six feet high up to 16 feet high fence. Every effort shall be made not to have barbed wire on front sections of fence. The installation of barbed wire on a fence requires specific approval of planning commission in conjunction with a site plan review as required by section 6-45 and requirements stated in (subsection h.1.) below.

1.

Applicant must clearly state in writing justification for requiring barbed wire on top of fence by providing specific examples of repercussions that could result if barbed wire on top of fence is not authorized. Justification must be related to life safety, product viability that compromised would prove dangerous to humans, animals and/or public welfare.

i.

Razor wire fencing, spikes, nails, sharp pointed stakes, broken glass or any other type of sharp pointed object, or instrument of any kind is strictly prohibited on the top or on the sides of any fence, electrical current or charge in said fences, is also strictly prohibited.

(3)

Maintenance of fences. Fences shall be maintained so as not to endanger life or property. Any fence which, through lack of repair, type or construction, or otherwise endangers life or property, is hereby deemed a nuisance. If an unsafe condition exists in regard to a fence, the zoning inspector or authorized representative shall serve written notice to the owner, agent, or person in control of the property upon which such fence is located. The notice shall describe unsafe conditions, shall require an unsafe fence or any portion thereof to be removed. The notice shall provide a 30-day limit for such repairs, modifications, or removal.

a.

Failure to repair fence will result in village arranging for repairs to be made and back charging the owner of said fence for repair cost. Failure to pay for repair will result in lien on property.

(4)

Alterations. Any person, firm or corporation being owners, lessee, occupant or agent of the same, of any property containing a fence which is contrary to the provisions of this section, shall not alter, change, repair or rebuild said fence without first having obtained a permit.

(b)

In a C-2 or C-3 commercial district or M-1 light industrial district, no fence, wall, or other screening structure shall exceed 16 feet in height.

(c)

In the open conservation district, a fence up to six feet in height may be permitted, subject to satisfactory aesthetic appearance, as approved by the planning commission.

(d)

Clear vision requirements.

(1)

No fence, wall, screen, hedge, sign, or other structure or planting shall obstruct visibility between the heights of 30 inches and ten feet above the sidewalk grade within 25 feet of the intersection of two or more streets. See figure 6.

(2)

On any interior lot, no fence, wall, screen, hedge, sign, or other structure or planting shall obstruct the visibility of a driveway, either on a parcel or on an adjacent parcel, between the height of 30 inches and ten feet measured a distance of 20 feet back from the point where the driveway intersects the street. See figure 6. (Attached to Ordinance No. 2023-5-11.005 and incorporated herein by reference.)

(Ord. No. 2018.10-1, 10-1-2018; Ord. No. 2023-05-11.005, § 4, 5-11-2023)

(a)

Fences and gates.

(1)

Every outdoor artificial pool shall be completely surrounded by a fence or wall not less than four feet in height, constructed so as not to have openings, holes, or gaps larger than four inches in any dimension except for doors and gates, and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of such enclosure.

(2)

All gates or door openings through such enclosure shall be equipped with a self-closing and selflatching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

(3)

No person in possession of land within the village, either as owner, purchaser, lessee, tenant, or as a licensee, upon which is situated an artificial pool having a depth, at any point, of greater than 18 inches shall fail to provide and maintain such fence or wall. This requirement shall be applicable to all new artificial pools constructed, other than indoor swimming pools, and shall apply to all existing pools which have a depth, at any point therein, of greater than 18 inches of water.

(b)

Inspection and abatement. The village manager or the building inspector, shall inspect or cause to be inspected all artificial pools within the village at such times as may be deemed necessary to carry out the intent of this section. They are authorized to enter upon any premises, private or public, at such times as they may deem necessary and to require the owner, proprietor, possessor, lessee, tenant, licensee, renter or operator to comply with the requirements of this section. In the event of noncompliance after written notice of the requirements of this section, the president or building inspector shall have the power to abate or cause a suspension of the use of such artificial pool until such time as the same is in compliance, no longer a menace or hazard to health, safety or morals.

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Purpose. The purpose of this section is to require new sidewalks to be installed during construction of new residential or commercial buildings and to require repair and maintenance of existing public sidewalks and to keep them in proper and safe condition for public use.

(1)

A sidewalk that is in compliance with ADA standards, local village ordinances and state law shall be installed during construction of any and all new residential housing or commercial buildings.

(2)

Regulations. The owner or owners of all lots and premises within the village are required to maintain, repair, and keep safe any sidewalk(s) adjacent to or upon their lots and premises.

a.

Sidewalk repair standards. The village manager, or his or her designee, shall determine that an unsafe sidewalk hazard exists when one or more of the following conditions exist:

1.

Vertical cracks, upheaval, or settlement greater than one inch.

2.

Horizontal cracks or joint separation greater than one inch.

3.

Tilted sections, if tilted greater than two inches in any direction.

4.

More than 25 percent of a single concrete slab is damaged.

5.

A hole greater than three inches in diameter exists.

6.

Any other condition which, in the village managers, or his or her designee's discretion, causes the sidewalk to be unsafe for use.

b.

Notice to property owner. A notice of an unsafe sidewalk condition will be given or sent to the responsible property owner. Such notice shall indicate the location and nature of the unsafe condition and a time limit for repair or replacement. Thereafter, it shall be the duty of the owner to place the sidewalk in safe condition. Such notice shall specify a reasonable time, not less than two weeks, within which such work shall be completed with due diligence.

c.

Methods for serving notice. Notice regarding sidewalk repairs shall be served in the following manner:

1.

By delivering the notice to the owner personally or by leaving such notice at the owner's residence, office or place of business with some person of suitable age and discretion;

2.

By mailing the notice by certified or registered mail to such owner at his last known address; or

3.

If the owner is unknown, by posting the notice in some conspicuous place on the premises. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any village official, unless permission is given by such official to remove the notice.

d.

Recourse for noncompliance. If the property owner does not repair the sidewalk within the time limit specified in the notice, the village manager, or his or her designee, shall have the sidewalk repaired. If the village manager determines that an emergency exists, and that immediate repair is necessary to protect the public, he or she may dispense with the notice and institute the repairs immediately. In any event, the cost of repairs under this section shall be charged against the property which adjoins the sidewalk and shall be paid by the owner of the property. If not paid, the cost of repairs shall be collected as provided for in section 26-26 of chapter 26, article II of the Stockbridge Village Code, pertaining to special assessments.

e.

Obstructions. Sidewalk shall be kept free of snow, ice, and other obstructions pursuant to the requirements of section 18-71 of chapter 18, article IV of the Stockbridge Village Code.

f.

If the damage or required maintenance to the is the results from a tree or an operation of a village essential service located between the Sidewalk and the road (controlled by the village), then the village may participate in the cost of repair, at its sole discretion.

(Ord. No. 2018.10-1, 10-1-2018; Ord. No. 2023-08-008, § 2, 8-7-2023)

(a)

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

(b)

Odors. Any condition or operation which results in the creation of odors of 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. The provisions of this section are not intended to apply to farming activities.

(c)

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

(Ord. No. 2018.10-1, 10-1-2018)

(a)

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

(b)

In addition, objectionable sounds of an intermittent nature, or sounds characterized by high frequencies, shall be so controlled so as not to become a nuisance to adjacent uses. Sirens and related apparatus used solely for public purposes are exempt from this requirement. Noise resulting from temporary construction activity shall also be exempt from this requirement.

(c)

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

(d)

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

(Ord. No. 2018.10-1, 10-1-2018)

(a)

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

(b)

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

(c)

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

(1)

Upon submission of a site plan.

(2)

Upon any change of use or occupancy of a structure or premise.

(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.

(d)

All business and facilities which use, store, or generate hazardous substances in quantities greater than 100 kilograms per month (equal to or greater than 25 gallons or 22 pounds) shall comply with the following standards:

(1)

Aboveground storage and use areas for hazardous substances.

a.

Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficiently impervious to contain the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

b.

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

c.

Secondary containment structures such as outbuildings, storage rooms, sheds and pole barns shall not have floor drains.

d.

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

(2)

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

(3)

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

(e)

All site plans for business or facilities which use, store or generate hazardous substances shall be reviewed by the fire department, department of public works (DPW) and any other appropriate experts determined necessary by the planning commission prior to approval by the planning commission.

(Ord. No. 2018.10-1, 10-1-2018)

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

(Ord. No. 2018.10-1, 10-1-2018)

(a)

Light and glare from indirect sources.

(1)

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

(2)

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

(3)

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

(b)

Exterior lighting from direct sources.

(1)

Except for uses located in the OSC—Open Space Conservation District, and subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to ensure the security of property and the safety of persons using such public or common areas.

(2)

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

(3)

The following additional standards shall apply:

a.

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

b.

The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated. Light intensity shall average a minimum 0.5 footcandle over the entire area, measures five feet above the surface.

c.

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

d.

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

(Ord. No. 2018.10-1, 10-1-2018)

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. 2018.10-1, 10-1-2018)

Existing hazards or potential hazards and nuisances such as construction sites, junk yards, 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. 2018.10-1, 10-1-2018)

(a)

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

Available public storm sewer system. A public storm sewer system located in a right-of-way, easement, highway, or public way which crosses, adjoins, abuts, or is contiguous to the property involved.

• Stormwater management shall comply with the following standards:

(1)

The design of stormwater management systems shall be submitted to the Ingham County Drain Commission for review of the stormwater management design.

(2)

The design of storm sewers, detention facilities, and other stormwater management facilities shall comply with the standards of the village municipal standards and the Ingham County Drain Commissioner if deemed applicable.

a.

If the Ingham County Drain Commissioner issues a determination that the property's stormwater management system does not have an impact on the county drainage system (County Drain), then: if it can be demonstrated to the satisfaction of the village engineer that the stormwater management design is sufficient, the village engineer shall be empowered to approve the drainage design.

(3)

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

(4)

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

(5)

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

(6)

Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner desires to propose measures to reduce and trap pollutants, the owner must meet the requirements of the Michigan Department of Environmental Quality and the Ingham County Drain Commissioner if Ingham County Drain Commission drain and has no jurisdiction of stormwater at site, based upon professionally accepted principles, such a proposal shall be submitted and reviewed by the village engineer, with consultation of appropriate experts.

(7)

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

a.

On-site stormwater management: For the purpose of controlling drainage to off-site properties and drainage ways, all properties which are developed under this chapter, whether new or improved shall provide for on-site storage of stormwater in accordance with the current Ingham County Drain Commission's standards. If the project does not have an impact on a county drain, and if no viable outlet option is available, a retention-only stormwater design is acceptable, if it can be demonstrated to the satisfaction of the village engineer that the retention design is sufficient (the village engineer may "disregard" Ingham County Drain Commission's Supplemental Standards #4, as amended from time to time for the above reasons only).

(8)

Stormwater management long-term maintenance agreement and plan. Attachment #1.

i.

Proprietor shall fully, completely, and unconditionally assume the obligations of maintaining the storm water management system in the development as follows:

A.

Proprietor agrees it will inspect, repair, and maintain, at its own expense, the storm drainage system which is located within the development in conformity with all applicable laws and regulations and in conformity with this agreement. If proprietor fails to do so, then, upon reasonable notice to proprietor, the village may enter upon said premises for the purposes of inspecting, repairing, and maintaining said storm drainage system, in which event proprietor agrees to pay to the village all reasonable charges and expenses incurred thereon.

B.

Proprietor, its agents, representatives, successors, and assigns shall comply with the terms of the inspection and maintenance schedule attached to the agreement.

ii.

Proprietor, its agents, representatives, successors and assigns shall defend, indemnify and hold the village harmless from and against any claims, demands, actions, damages, injuries, costs or expenses of any kind or nature whatsoever (hereinafter "Claims"), fixed or contingent, known or unknown, arising out of or in any way connected with the design, construction, use, inspection, maintenance, repair or operation (or omissions in such regard) of the storm water management system which is the subject of this agreement. This indemnity and hold harmless shall include reasonable costs, expenses and attorney fees incurred by the village in connection with such claims or the enforcement of this agreement.

iii.

This agreement shall bind proprietor, its successors and assigns, and any person or entity claiming any right or ownership in the Development and shall run with the land.

iv.

This agreement shall be recorded at proprietor's expense with the Ingham County Register of Deeds.

v.

Despite the indication of the drafter indicated below, which is included for recording purposes only, this agreement shall not be construed in favor or against either proprietor or village, as it is the result of their mutual efforts.

vi.

In the event the village ever installs a storm drain system reachable from said proprietor property. Proprietor agrees to grant the village an easement allowing the village to access proprietors stormwater detention or retention system.

(Ord. No. 2018.10-1, 10-1-2018; Ord. No. 2023-05-11.005, § 5, 5-11-2023; Ord. No. 2023-08-010, § 1, 8-7-2023)

Editor's note— Ord. No. 2023-08-010, § 1, adopted Aug. 7, 2023, set out provisions intended for use as § 6-188(a)(7). In as much as there were already provisions so designated, said section has been codified herein as § 6-188(a)(8) at the discretion of the editor.

(a)

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

(b)

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

(c)

Final grades shall be approved by the building official who may require a grading plan which has been duly completed and certified by a registered engineer or land surveyor.

(Ord. No. 2018.10-1, 10-1-2018)

Liquid propane tanks, not exceeding 1,000 gallons, are permitted in residential districts, provided they are principally intended to serve a residential structure(s). All tanks must comply with ASME (American Society of Mechanical Engineers) rules for the construction of propane pressure vessels intended for use within the United States.

(Ord. No. 2018.10-1, 10-1-2018)