It is the intent of this Chapter to provide a set of procedures and standards for special uses of land or structure which, because of their unique characteristics, require special consideration in relation to the welfare of adjacent properties and the community as a whole.

It is the expressed purpose of the regulations and standards herein, to allow, on one hand, practical latitude for the investor or developer, but at the same time maintain adequate provision for the protection of the health, safety, convenience and general welfare of the community.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; amd. 1998 Code)

The application for a special land use permit, also referred to hereafter as special use permit, shall be submitted and processed under the following procedures:

a.

Submission of Application: An application shall be submitted through the Zoning Administrator on a special form for that purpose. Each application shall be accompanied by the payment of a fee as set by resolution of the Township Board.

In the event the allowance of a desired use requires both a rezoning and special land use permit both requests may be submitted jointly, subject to the following:

1)

The Ordinance procedures for each shall be followed as specified.

2)

All applicable standards and specifications required by the Ordinance shall be observed.

b.

Date Required:

1)

The special form shall be completed in full by the applicant including a statement by the applicant that the Permit Standards (Section 17.3) can be complied with.

2)

Site plan drawn to scale (preferably 1" = 100') of the total property involved showing the location of all abutting streets, the location of all existing and proposed structures and uses of the property and any natural or manmade features which affect the property, together with indication of abutting uses.

3)

Preliminary plans and specifications of the proposed development.

c.

The Thomas Township Planning Commission: The Planning Commission shall be the body responsible for reviewing and approving special land uses. The Planning Commission may, however, designate the Zoning Administrator some specific responsibilities for assisting them in this function.

d.

Public Notice:

1)

If the application is complete, the administrator shall notify the following persons of the application being considered, so the notice is sent not less than fifteen (15) days before the date that the application will be considered. The notice is considered to be given when personally delivered or when deposited during normal business hours for delivery with the U.S. Postal Service or other public or private delivery service. Notices shall be sent to:

a)

The applicant.

b)

The owner of the property if different.

c)

The owners of all real property within three hundred (300') feet of the boundary for the property for which the approval has been requested, as shown by the latest assessment role, regardless of whether the owner and property is located in Thomas Township or not.

d)

One occupant of each structure or each unit within three hundred (300') feet of the boundary for the property for which the approval has been requested, regardless of whether the owner and property is located in Thomas Township or not. For multiple unit structures containing more than four (4) dwelling units, notice must be given to the manager or owner of the structure to be posted at the primary entrance of the structure.

e)

The general public by publication in a newspaper of general circulation in Thomas Township.

f)

The members of the Planning Commission.

2)

The notice shall include:

a)

The nature of the special use permit being requested.

b)

The property/properties for which the request has been made.

c)

A listing of all existing street addresses within the property/properties which is/are subject to the special use. (Street addresses do not need to be created and listed if no such addresses currently exist. If there are no street addresses, another means of identification may be used.)

d)

The location where the application documents can be viewed and copied prior to the date the application will be considered.

e)

The date, time and location where the hearing on the application will take place.

f)

The address to which written comments should be directed prior to the hearing.

g)

For members of the Planning Commission only - a complete copy of the special use permit application and supporting documents in the record.

e.

Action by Planning Commission: The Planning Commission may deny, approve, or approve with conditions, a request for special land use approval. If the application for a special land use permit is in compliance with all standards in this Zoning Ordinance, other applicable ordinances, and State and Federal statutes, it shall be approved. The decision on a special land use shall be incorporated in a statement containing the conclusions relative to the special land use under consideration which specifies the basis for the decision, and any conditions imposed.

The Thomas Township Planning Commission must deny, approve, or approve with conditions a request for special land use permit within sixty (60) days of its submission to the Planning Commission, except in those cases where the applicant has been requested to furnish additional information, in which case a decision shall be made within thirty (30) days from the receipt of said information.

f.

Permit Expiration: A special land use permit issued pursuant to this Chapter shall be valid for one year from the date of issuance of said permit. If construction has not commenced and proceeded meaningfully toward completion by the end of this one year period, the Zoning Administrator shall notify the applicant in writing of the expiration of said permit.

g.

Revocation: The Planning Commission shall have the authority to revoke any special land use permit after is has been proven that the holder of the permit has failed to comply with any of the applicable requirements of the Site Plan requirements. Written notice of violation shall be given by the Zoning Administrator to the holder of the permit and correction must be made within thirty (30) days. After a thirty (30) day period an additional notice shall be given by the Zoning Administrator, that the use for which the permit was granted must cease within sixty (60) days from date of second notice.

h.

Reapplication: No application for a special land use permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on the grounds of newly discovered evidence or proof of change of conditions.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; Ord. No. 08-Z-04, 11-12-2008, eff. 12-15-2008)

Before formulating recommendations on a special land use permit application, the Planning Commission shall establish that the following general standards, as well as specific standards, shall be satisfied:

a.

General Standards: The Planning Commission shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on the proposed site will:

1)

Be designed, constructed, operated and maintained so as to be harmonious and, appropriate in appearance, with the existing or intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed.

2)

Not to be hazardous or disturbing to existing or intended uses in the same general area and will be an improvement to property in the immediate vicinity and to the community as a whole.

3)

Be served adequately by essential public facilities and services, such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and schools.

4)

Not create excessive additional requirements at public cost for public facilities and services.

5)

Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

6)

Be consistent with the intent and purpose of the zoning district in which it is proposed to locate such use.

7)

Be compatible with the natural environment including terrain, biota, flood plains and distinctive features or characteristics.

b.

Conditions: The Thomas Township Planning Commission may impose additional conditions as part of issuing a special land use permit if it is necessary to insure that public services and facilities affected by the land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

1)

Be designed to protect natural resources, the health, safety and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

2)

Be related to the valid exercise of police power, and purposes which are affected by the proposed use or activity.

3)

Be necessary to meet the intent and purpose of this Zoning Ordinance, be related to the standards established in this ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.

4)

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the Planning Commission and landowner. The Planning Commission shall maintain a record of conditions which are changed.

c.

Specific Requirements: The general standards and requirements of this Section are basic to all uses authorized by special land use permit. The specific and detailed requirements set forth in the following Section relate to particular uses and are requirements which must be met by those requirements where applicable.

d.

Permitted Uses: Uses permitted by special land use permit shall be those listed in the district regulations chapters.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997)

a.

All uses shall be established and maintained in accordance with all applicable Federal and State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable State and Federal statutes, the State and Federal requirements shall prevail.

b.

The proposed site shall be at least two thousand six hundred forty feet by five hundred feet (2,640' × 500').

c.

Any runway shall have a minimum length of one thousand five hundred feet (1,500') with a five hundred foot (500') clearance at each of the runway ends.

d.

The site in question shall have at least one property line abutting a collector or minor road.

e.

Buildings, height limits, lighting, parking, and uses and activities shall be in accordance with applicable FAA and MAC regulations.

a.

Authorization: Facilities to serve motor vehicles are of considerable importance within urbanizing areas where the basic mode of transportation is by private automobile. The continued growth of motor vehicle registrations and of total miles traveled annually has stimulated additional needs for retailing gasoline and associated products. To meet the demands of location and space for this type of retail facility requires careful planning to properly integrate the service station function into the pattern of other commercial and retail activities serving the community. Because such integration requires special considerations relating to location, site layout, storage facilities, traffic, safety, and compatibility with surrounding uses of land, this ordinance requires conformance to the standards set forth in this Section before a building permit may be issued for a gasoline service station as permitted use within various commercial districts. Moreover, gasoline service stations may be permitted in the district or as otherwise cited upon the issuance of a special use permit which complies with the stated requirements and with the general standards set forth.

b.

Objectives: It is the intent of this Section to exercise a measure of control over service stations and permitted buildings and their sites and to establish a basic set of standards within which individual solutions may be developed to meet the retail service needs of motor vehicles. The objectives of the regulations set forth in this Section are to:

1)

Promote the type of development which will be compatible with other land use activities located in areas where service stations will be constructed.

2)

Control those aspects of service station design, site layout, and operation which may, unless regulated, be damaging to surrounding uses of land.

3)

Minimize the traffic congestion and safety hazards which are inherent in service station activity.

c.

Uses That May Be Permitted: Gasoline service stations as defined in Chapter 2, including the servicing of motor vehicles under one and one-half (1 1/2) tons' rated capacity such as minor adjustments to motor vehicles, sales and installation of automotive accessories, and other servicing of motor vehicles, provided such accessory uses and services are conducted wholly within a completely enclosed building. Body repair, engine overhauling, steam cleaning or other mechanical or physical modifications to motor vehicles is specifically prohibited.

d.

Site Development Requirements: The following requirements for site development, together with any other applicable requirements of this ordinance shall be complied with:

1)

Minimum Site Size: Fifteen thousand (15,000) square feet with a minimum width of one hundred fifty feet (150').

2)

Site Location: The proposed site shall have at least one property line on a principal or minor arterial.

3)

Building Setback: The service station building or permitted buildings shall be set back fifty feet (50') from all street right-of-way lines and shall not be located closer than fifty feet (50') to any property line in a residential district unless separated therefrom by a street or alley.

a)

No installations, except walls or fencing and permitted signs, lighting, and essential services, may be constructed closer than twenty feet (20') to the line of any street right-of-way.

b)

Hydraulic hoists, pits and all lubrication, greasing, automobile washing, and repair equipment shall be entirely enclosed within a building.

4)

Access Drives: No more than two (2) driveway approaches shall be permitted directly from any principal or minor arterial nor more than one driveway approach from any other street, each of which shall not exceed thirty five feet (35') in width at the property line.

a)

If the service station or permitted building site fronts on two (2) or more streets, the driveways shall be located as far from the street intersection as practicable, but not less than fifty feet (50').

b)

No driveway or curb cut for a driveway shall be located within ten feet (10') of an adjoining property line and shall be no less than twenty-five feet (25') from any adjacent lot within an R District as extended to the curb or pavement.

c)

Any two (2) driveways giving access to a single street should be separated by an island with a minimum dimension of twenty feet (20') at both the right-of-way line and the curb or edge of the pavement.

5)

Curbing And Paving: A raised curb at least six inches (6") in height shall be erected along all of the street property lines, except at driveway approaches. The entire service area shall be paved with a permanent surface of concrete or asphalt.

6)

Fencing: A solid fence or wall four feet (4') in height shall be erected along all property lines abutting any lot within a residential district.

7)

Signs: Signs, as provided in the Thomas Township Sign Ordinance, provided that no signs whether permanent or temporary, shall be permitted within the public right-of-way.

8)

Lighting: Exterior lighting shall be so arranged so that it is deflected away from adjacent residential districts and adjacent streets. The height of lighting shall not exceed twelve feet (12') when located within two hundred feet (200') of a residential district and further may not exceed a height of sixteen feet (16') otherwise.

e.

Automobile Service Stations and Automobile Repair Shops: Notwithstanding anything in this ordinance to the contrary, the foregoing standards of this Section shall apply to automobile service stations and automobile repair shops.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997)

a.

Minimum site size shall be thirty thousand (30,000) square feet.

b.

Minimum number of campers shall be twenty (20). At least fifteen (15) new campers shall be ready for sale at all times.

c.

Minimum site access standards require a minimum of one access point with a minimum width of twenty four feet (24'). All access points shall be paved. All street entrance or exit drives shall not be located closer than seventy feet (70') from or to any intersection, and twenty-five feet (25') from or to any side yard property line.

d.

Minimum Yard Requirements:

1)

Each lot shall have a minimum side yard of fifteen feet (15') except on that side of the lot abutting upon a residential or agricultural district, in which case there shall be a side yard of thirty feet (30'). No building upon the premises shall be located closer than the required side yard dimension to the property line. No parking or display may be located in the required side yard area.

2)

Each lot shall have a minimum front yard of forty feet (40') not more than ten feet (10') of which may be used for parking or storage.

e.

Maximum height of any building or structure shall not exceed two and one-half (2 1/2) stories or thirty five feet (35').

f.

Maximum of one sign per approved site. Said sign shall meet all B-2 Sign Ordinance requirements contained in the Thomas Township Sign Ordinance.

g.

All parking shall be paved and striped, with curb and storm drains, and must meet the parking standards requirements.

h.

All display and storage areas must be paved and properly drained.

i.

The site must comply with the Storm Water Management Plan.

j.

The site must comply with the Township's buffer and greenbelt development standards.

k.

Delivery to the Township of any required performance bond for the faithful performance of the provisions of this ordinance and all conditions of the special use permit.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; amd. 1998 Code)

a.

The site shall be at least twenty (20) acres and shall be so designed as to provide ingress and egress directly onto or from a major or minor thoroughfare.

b.

No principal or accessory building shall be closer than fifty feet (50') from any abutting residentially zoned property line.

c.

All lighting shall be shielded to reduce glare and shall be so arranged and maintained to direct light away from residential lands adjoining the site.

d.

A maximum of one sign is permitted at a point of entrance or exit which shall bear only the name of the cemetery and shall have a maximum area of sixteen (16) square feet. The sign shall be located no closer than the yard requirements for the residential zone.

a.

Authorization: In order to facilitate the care of preschool children within a desirable home environment, this Section provides for the inclusion of childcare homes and centers within those residential districts cited under Part II hereof and in churches within any zoning district. This use may be authorized by the issuance of a special use permit or as otherwise cited when all of the procedures and applicable requirements stated and the additional requirements of this Section can be complied with.

b.

Uses That May Be Permitted: Childcare homes and centers may be authorized, provided that there shall not be more than one family occupying a dwelling unit used for childcare homes and centers.

c.

Development Requirements: The following requirements for site development together with any other applicable requirements of this ordinance shall be complied with:

1)

Minimum Site Size: Eleven thousand fifty (11,050) square feet with eighty five foot (85') lot width at front building lines. There shall also be provided for each child in attendance, two hundred (200) square feet of lot area in addition to the base figure of eleven thousand fifty (11,050) square feet.

2)

Yards: Front, side, and rear yards shall conform to the requirements of the R-1 district.

3)

Maximum Building Height; Maximum Lot Coverage: Maximum building height and maximum lot coverage shall be no greater than that permitted in the R-1 Districts.

4)

Play Area: There shall be provided on the site a usable outdoor play area at the rate of fifty (50) square feet for each child not a member of the family, exclusive of required front yard, required side yard along a street and of driveways and parking areas. The play area shall be fenced for safety and shall be screened from any adjoining residential land by suitable plant material.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; Ord. 99-Z-06, 4-5-1999, eff. 5-14-1999)

a.

Minimum lot size required shall be two and one-half (2½) acres.

b.

The well shall not be closer to any adjacent lot line than one hundred fifty feet (150').

c.

Fencing of the well structures shall be required if and when substantial residential development exists in the vicinity of the well site.

d.

Landscaping of the site, noise abatement, odor controls, and similar performance characteristics should be harmonious in appearance and qualities as the surrounding uses of the environment.

e.

All developments, operations and maintenance of wells shall otherwise be in conformance with the laws of the State of Michigan

a.

Authorization: In recognition of the basic open space and recreational character of golf courses and shooting or country clubs, and compatibility within agricultural districts and residential uses but excluding shooting clubs in R districts, these uses may be permitted within agricultural and residential, as well as the flood plain conservation districts by issuance of a special use permit pursuant to district allowance and all standards herein specified.

b.

Uses: In addition to the uses permitted by special use permit in each district, accessory uses for a permitted use shall be construed to include restaurant and other eating or drinking establishments and such retail sales directly connected with the conduct of the principal use.

c.

Site Location Principles: The following principles shall be used in evaluating the proposed location of a permitted use.

1)

Minimum site shall be fifty (50) acres or more and access shall be so designed as to provide all ingress and egress directly onto or from a collector street.

2)

Allowed use should be located to be immediately accessible from a principal or minor arterial or collector street as classified by the adopted Major Street Plan.

3)

Site location should be allowed which enhances the natural environment and amenities for community life.

4)

All sites shall be located on a principal or minor arterial or collector street.

d.

Development Requirements: The following standards shall be applicable as basic requirements for the use of land or for the erection, reconstruction, or alteration of permitted structures:

1)

Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to direct the light away from all residential lands which adjoin the site.

2)

Minimum yard and height standards require that no building shall be closer than fifty feet (50') to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located, except as may be provided under height exceptions for the district in question.

3)

All traffic ingress and egress shall be from said thoroughfare. Local traffic movement shall be accommodated within the site so that entering and exiting vehicles will make normal and uncomplicated movements into or out of the major thoroughfare.

4)

All points of entrance or exit for motor vehicles shall be located no closer than two hundred feet (200') from the intersection of any two (2) streets or highways.

5)

All vehicles shall have clear vertical and horizontal sight distance approaching a public street within one hundred feet (100') of the street for a sight distance of five hundred feet (500') in either direction along the street.

6)

Acceleration and deceleration lanes shall be provided at points of ingress and egress to the site. Left turns at entrances and exits should be prohibited on the major thoroughfare where possible.

7)

Whenever any use that may be permitted in this subsection abuts property within a residential or agricultural district, a transition strip at least one hundred feet (100') in width shall be provided between all operations and structures, including fences and the residential or agricultural property. Grass, plant materials and structural screens of a type approved by the Planning Commission shall be placed within said transition strip.

8)

A minimum yard of one hundred feet (100') shall separate all uses, operations and structures permitted herein, including fences, from any public street or highway exit purposes. This yard shall be landscaped in accordance with plans approved by the Planning Commission.

9)

Racetracks shall be enclosed for the entire use on the site for their full periphery with a solid screen fence at least eight feet (8') in height.

10)

Racetracks shall be enclosed for the entire use on the site for their full periphery with a solid screen fence at least eight feet (8') in height. Fences shall be of sound construction, painted or otherwise finished, attractively and inconspicuously.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; amd. 1998 Code)

a.

Each principal agribusiness use shall have frontage upon and access to a thoroughfare having a primary or greater classification.

b.

The minimum lot area shall be ninety thousand (90,000) square feet and the minimum lot width shall be three hundred (300') feet.

c.

A bulk collection, storage, distribution, and similar structure shall be located not less than fifty (50') feet from any right-of-way line and not less than fifty (50') feet from any side or rear property line.

d.

The total coverage of all main and accessory buildings shall not exceed thirty (30%) percent of the lot on which they are located.

e.

Noise or similar objectionable characteristics incidental to the activity shall not be discernible beyond five hundred (500') feet from the boundaries of the lot or premises from which the noise or objectionable characteristic is generated.

See OPEN AIR BUSINESS USES.

a.

The proposed use is located on or has immediate access to a street or road designated as an arterial in the Township's comprehensive development or transportation plan.

b.

The proposed use would not be located adjacent to an R-1 residential district.

c.

Minimum floor area of two hundred fifty (250) square feet per guest unit shall be provided.

d.

Minimum lot area of forty thousand (40,000) square feet is required together with a minimum lot width of one hundred fifty feet (150'). For motels, a minimum of four hundred (400) square feet of lot area for each guest unit.

e.

Maximum lot coverage including all buildings, both principal and accessory shall be forty percent (40%).

f.

All buildings shall be set back no less than forty feet (40') from any street property line and a minimum of thirty feet (30') from any side or rear property line, except that the side yard, for a corner lot, which is adjacent to the street shall be a minimum of forty feet (40').

a.

Purpose; Disposal Restrictions. The purpose of this ordinance is to protect the public health, safety, and general welfare of the residents of the Township and surrounding communities by regulation of the location, materials deposited, and management so that no landfill shall be a nuisance, nor cause damage to surrounding property, to the ground water, surface water or in any way become a financial liability or endanger the health or safety of persons or parcels in the area.

From and after the effective date of this ordinance, no person, firm, partnership, corporation, or public body shall dispose of solid waste at any place in the Township except at an approved disposal area as allowed by this ordinance.

b.

Requirements.

1)

All uses shall be established and maintained in accordance with all applicable Federal and State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable State statutes, the State requirements shall prevail.

2)

All disposal areas within any single development shall be rehabilitated progressively as they are filled or abandoned so that they shall be in a condition of being entirely lacking in hazards, inconspicuous and blended with the general surrounding ground form.

3)

The Planning Commission shall establish routes for truck movement in and out of the development in order to minimize the wear on public streets, to minimize traffic hazards and to prevent encroachment of traffic or the by-products of traffic (such as dust and noise) upon adjacent properties.

4)

All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, individual or to the community in general.

5)

A site plan shall include a complete water table evaluation along with a complete soil evaluation, and must meet the following requirements.

6)

Permanent Facilities:

a)

Sanitary facilities shall be provided for and maintained for persons working on the premises.

b)

A telephone shall be located on site within an approved facility maintained on the premises.

c)

Suitable equipment shall be permanently maintained on site to extinguish fires.

7)

Perimeter Setbacks: No disposal area shall occur within two hundred feet (200') from any property line or right-of-way. No disposal area shall be within two thousand feet (2,000') from any residential use. No disposal area shall be within two thousand feet (2,000') from any church or institutional use.

8)

Lot Requirements: The disposal area shall be required to be on one parcel of property not less than three hundred (300) acres in size, having no less than one thousand feet (1,000') of road frontage on a Class A County primary road as determined by the Saginaw County Road Commission.

9)

Access: The ingress to or egress from a disposal area site shall be only from a Class A County primary road as determined by the Saginaw County Road Commission.

10)

Fencing: The disposal premises shall be fenced with an eight foot (8') high chain link-type fence to assist in the interception of windblown debris. Portable litter fences shall be used in the immediate working area and at other appropriate locations to control blowing litter; at the end of each operating day, litter shall be removed from fencing and the grounds and incorporated into the disposal area.

11)

Perimeter Buffering: The area shall be required to buffer around the entire parcel even though it may be adjacent to additional M-1 zoned property.

a)

A minimum of a twenty foot (20') high berm is required as measured from surrounding grade.

b)

All plantings including grass must be maintained in good, healthy condition, and must be replaced if it should die.

c)

One canopy tree and one evergreen tree must be planted per thirty (30) linear feet or fraction of property line.

d)

All plantings must be on the outside of the berm.

e)

All trees must be a minimum of five feet (5') high when planted, and must be replaced if they should die.

f)

Along every road, street or highway, two (2) additional evergreen trees must be planted for every thirty (30) linear feet of road frontage.

g)

All tree plantings must be staggered and spaced uniformly along the berm.

h)

Additional berming may be required by the Planning Commission to meet the purpose of this ordinance.

12)

All driveways and parking areas must be paved and have curb and gutter.

13)

Sidewalks: Sidewalks meeting the instillation requirements of the Sidewalk Ordinance, 11-4-5 are to be installed along all road frontages.

14)

Environmental Impact Study: All applicants must supply an environmental impact study to the Thomas Township Planning Commission.

15)

Other Permits: A copy of all other required permits must be supplied to the Planning Commission for review.

16)

Wetland Permit: If an applicant is requesting to develop within a designated wetland, the impact of such development must be evaluated by the Planning Commission. Applicants must supply the Planning Commission with evidence that the public welfare will not be harmed if the development disturbs said wetland area. It will be the responsibility of the applicant to supply sufficient evidence to the Planning Commission that the benefit of this development does not harm the future of the Township in any manner.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997)

a.

Authorization: In recognition of the many institutional types of nonresidential functions that have been found compatible and reasonably harmonious with residential uses, certain institutional uses specified in this Section may be authorized by the issuance of a special land use permit. Such permit shall not be issued unless all the procedures and applicable requirements stated herewith, together with the additional requirements of this Section can be complied with.

b.

Uses: The following uses may be authorized in those districts and provided the applicable conditions are complied with:

1)

Institutions for Human Care: Hospitals, sanitariums, nursing or convalescent homes, home for the aged, and philanthropic and charitable institutions.

2)

Religious Institutions: Churches or similar places of worship, convents, parsonages and parish houses, and other housing for clergy.

3)

Educational And Social Institutions: Public and private elementary and secondary schools and educational institutions, auditoriums and other places of assembly, and centers for social activities, including charitable and philanthropic activities other than activities conducted as a gainful business or of a commercial nature.

4)

Public Buildings and Public Service Installations: Publicly owned and operated buildings, public utility buildings and structures, transformer stations and substations, and gas regulator stations.

c.

Site Location Principles for all uses: The following principles shall be utilized to evaluate the proposed location of any institutional use within a permitted district. These principles are alterable, depending upon the specific conditions of each situation, but they shall be applied by the Planning Commission as general guidelines to help assess the impact of an institutional use upon the district in which such use is proposed to be located:

1)

Any institutional structure or use to be located within a residential district should preferably be located at the edge of a residential district, abutting either a business or industrial district or adjacent to a public open space.

2)

Motor vehicle entrance shall be made on a principal arterial or be immediately accessible from a principal arterial as to avoid the impact of traffic generated by the institutional use upon a residential area.

3)

Site locations should be preferred that offer natural or manmade barriers that would lessen the effect of the intrusion of the institutional use into a residential area.

d.

Development Requirements for all uses:

1)

The proposed site shall have at least one property line abutting a principal or minor arterial or a collector as classified on the adopted Street Plan. All ingress and egress to the off-street parking area (for guests, employees, staff) shall be directly from the major thoroughfares.

2)

All two (2) story structures shall be at least sixty feet (60') from all boundary lines or street lines. Buildings less than two (2) stories shall be no closer than forty feet (40') to any property or street line. For buildings above two (2) stories, the building shall be set back from the initial sixty foot (60') setback an additional one foot (1') for each foot of additional height above two (2) stories.

3)

No more than twenty-five percent (25%) of the gross site shall be covered by buildings.

4)

Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet (6') in height. Access to and from the delivery and ambulance area shall be directly from a principal or minor arterial or collector street.

e.

Additional development requirements for Religious Institutions:

1)

The proposed site shall be at least one-half (1/2) acre in size plus one-half (1/2) acre per one hundred (100) seats in the main auditorium or sanctuary.

2)

The proposed site shall be so located as to have at least one property line on a principal or minor arterial or collector street as classified by the adopted Street Plan. All ingress and egress to the site shall be directly onto said thoroughfares or a marginal access service drive thereof.

3)

No building shall be closer than forty feet (40') to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located unless the building is set back from the initial forty feet (40') an additional one foot (1') for each foot of additional height above the district height limitation.

f.

Additional Development requirements for Human Care, Educational, Social Institutions:

1)

The proposed site shall be at least one acre in area.

2)

No building shall be closer than forty feet (40') to any property or street line. No building shall be erected to a height greater than that permitted in the district in which it is located, except as may be provided under height exceptions for the district in question.

3)

All buildings shall be of an appearance that shall be harmonious and unified as a group of buildings and shall blend appropriately with the surrounding area.

4)

No parking space shall be provided in the front yard and the parking area shall be screened from surrounding residential areas by a wall or fence, in combination with suitable plant materials, not less than four feet (4') in height.

g.

Additional Development requirements for public utility transformer stations and substations, gas regulator stations, and housing for religious personnel attached to a church or school function:

1)

Lot area and lot width shall be no less than that specified for the district in which the proposed use would be located.

2)

Yard and setback requirements shall be no less than that specified for the district in which the proposed use would be located.

3)

No building shall be erected to a height greater than that permitted in the district in which the proposed use would be located.

4)

All buildings shall be harmonious in appearance with the surrounding residential area and shall be similar in design and appearance to any other buildings on the same site development.

5)

Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential area by suitable plant material and it shall be fenced for safety. All buildings housing mechanical equipment shall be landscaped and maintained to harmonize with the surrounding area.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; amd. 1998 Code)

a.

The proposed site shall be at least twenty (20) acres in area.

b.

The proposed site shall have at least one property line abutting a major or minor thoroughfare or principal collector as classified by the adopted Street Plan. All ingress and egress to the off-street parking area shall be directly from the major thoroughfare or collector.

c.

All two (2) story structures shall be at least one hundred feet (100') from all boundary lines or street lines. Buildings less than two (2) stories shall be no closer than fifty feet (50') to any property or street line. For buildings above two (2) stories, the building shall be set back the initial one hundred feet (100') and an additional one foot (1') for each foot of additional height above two (2) stories.

d.

No more than twenty-five percent (25%) of the gross site shall be covered by buildings.

e.

Ambulance and delivery areas shall be obscured from all residential view by a solid masonry wall six feet (6') in height. Access to and from the delivery and ambulance area shall be directly from a major thoroughfare.

a.

All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable State statutes, the State requirements shall prevail.

b.

The site shall be a minimum of five (5) acres in size.

c.

A solid fence or wall at least eight feet (8') in height shall be provided around the entire periphery of the site to screen said site from surrounding property. Such fence or wall shall be of sound construction, painted and otherwise finished neatly and inconspicuously.

d.

All activities shall be confined within the fenced-in area. There shall be no stacking of material above the height of the fence or wall, except that movable equipment used on the site may exceed the wall or fence height. No equipment, material, signs, or lighting shall be used or stored outside the fenced-in area.

e.

All fenced-in area shall be set back at least fifty feet (50') from any front street or property line. Such front yard setback shall be planted with trees, grass and shrubs to minimize the appearance of the installation.

f.

No open burning shall be permitted and all industrial processes involving the use of equipment for cutting, compressing, or packaging shall be conducted within a completely enclosed building.

g.

Whenever the installation abuts upon property within a residential or agricultural district, a transition strip at least one hundred feet (100') in width shall be provided between the fenced-in area and the property within a residential or agricultural district. Such strip shall contain plant materials, grass and structural screens of a type approved by the Planning Commission to effectively minimize the appearance of the installation and to help confine odors therein.

h.

A roadway shall be provided and maintained from the street to the rear of the property as necessary to permit free access of fire trucks and emergency vehicles at any time.

i.

All trucks and other vehicles with the exception of customer and employee parking shall be stored or parked within the required walled or fenced enclosure.

j.

All truck loading and unloading shall be performed within the required walled or fenced enclosure.

a.

The project has a minimum site of two (2) acres.

b.

Density of the project does not exceed more than six (6) units per acre.

c.

The average lot size is equal to nine thousand six hundred (9,600) square feet.

d.

Legal mechanisms are established for the care and responsibility of all common lands.

e.

All dwelling units are connected to public water and sanitary sewer.

f.

The project is appropriate in scale, quality and appearance with surrounding land uses.

a.

The proposed site shall be at least two (2) acres in area.

b.

The proposed site shall have at least one property line abutting a major thoroughfare or principal collector as classified on the adopted Street Plan. All ingress and egress to the site shall be directly from said thoroughfare or collector street.

c.

All buildings and structures shall be set back at least two hundred feet (200') from any property or street line. Whenever the installation abuts upon property within a residential district, this two hundred foot (200') setback shall be landscaped with trees, grass, and structural screens of a type approved by the Planning Commission to effectively screen the installation from surrounding residential properties.

d.

No more than twenty-five percent (25%) of the gross site shall be covered by buildings.

e.

Accessory uses for a permitted use shall be construed to include restaurant and other eating or drinking establishments and retail sales directly connected with the principal open space use.

a.

Authorization: Rapid and intensive urbanization over the past decade has produced a need for an economical single-family living unit that is adaptable to urban densities but that retains many of the attractive features of the suburban home. Among the housing concepts emerging to meet this need are townhouses, row houses, garden apartments and similar types of housing units with common property areas; cluster-types of subdivisions in which housing units are arranged in cluster forms, with clusters separated from each other by common open space; and housing units developed with related recreational space, such as golf courses, swimming pools, private parks, community centers and other recreational facilities.

It is the purpose of this Section to encourage more imaginative and livable housing environments within the residential districts, as noted, through a planned reduction, or averaging of the individual lot area requirements for each zone district, providing the overall density requirements for each district remains the same. Such averaging or reduction of lot area requirements shall only be permitted when a land owner or group of owners acting jointly can plan and develop a tract of land as one complex land use unit, rather than an aggregation of individual buildings located on separate, unrelated lots. Under these conditions a special use permit may be issued for the construction and occupancy of a planned unit development, providing the standards, procedures, and requirements set forth in this Section can be complied with.

b.

Objectives: The following objectives shall be considered in reviewing any application for a special use permit for planned unit development:

1)

To provide a more desirable living environment by reserving the natural character of open fields, stands of trees, brooks, ponds, flood plains, hills, and similar natural assets.

2)

To encourage the provisions of open space and the development of recreational facilities in a general central location and within reasonable distance of all living units.

a)

Open space shall be reviewed by the Planning Commission and given the highest priority when considering any PUD.

b)

The open space area within a PUD shall be significant in size, having a minimum of twenty-five percent (25%) of the development dedicated open space.

3)

To encourage developers to use a more creative and imaginative approach in the development of residential areas.

4)

To provide for more efficient and aesthetic use of open areas by allowing the developer to reduce development costs through the bypassing of natural obstacles in the residential site.

5)

To encourage variety in the physical development pattern of the community by providing a variety and mixture of housing types.

c.

Qualifying Conditions: Any application for a special use permit shall meet the following conditions to qualify for consideration as planned unit development:

1)

The planned unit development (PUD) shall not be less than ten (10) acres in area.

2)

Public water and sewer facilities shall be required if available as determined by the DPW. Private sewer disposal systems and wells may be used if public utilities are not available, and such private systems are approved by State and/or local agencies as required by law.

3)

For each square foot of land gained through the reduction or averaging of lot sizes, equal amounts of land shall be dedicated to the public or shall be set aside for the common use of the home or lot owners within the planned unit development under legal procedures which shall also give the public a covenant or interest therein, so that there are assurances that the required open space shall remain open.

4)

The proposed planned unit development shall meet all of the general standards outlined herein.

d.

Uses That May Be Permitted: The following uses of land and structures may be permitted within a planned unit development, subject to the district limitations as hereinafter listed:

1)

Single-family.

2)

Two-family dwellings.

3)

Townhouses, row houses or other similar housing types which can be defined as a single-family attached dwellings with no side yards between adjacent dwelling units, provided that there shall be no more than a length of one hundred fifty feet (150') in any contiguous group allowed, within an R-2 and R-3 District.

4)

Garden apartments.

5)

Recreation and open space, provided that only the following land uses may be set aside as common land for open space or recreation use under the provisions of this Section:

a)

Private recreation facilities such as golf courses, swimming pools or other recreation facilities which are limited to the use of the owners or occupants of the lots located within the planned unit development.

b)

Historic building sites, historical sites, parks and parkway areas, ornamental parks, extensive areas with tree cover, low lands along streams or areas of rough terrain when such areas have natural features worthy of scenic preservation.

6)

Customary accessory uses, as permitted in districts where located.

7)

Planned neighborhood shopping centers in an R-2 District, provided all standards are met and provided planned unit development contains a minimum of forty (40) acres.

e.

Lot Variation And Development Requirements: The lot area for planned unit developments within Residential R Districts may be averaged or reduced from those sizes required by the applicable zoning district within which said development is located by compliance with the following requirements:

1)

Site Acreage Computation: The gross acreage proposed for a planned unit development shall be computed to determine the total land area available for development into lots under the minimum lot size requirements of the applicable zoning district in which the proposed planned unit development is located.

In arriving at a gross acreage figure, the following lands shall not be considered as part of the gross acreage in computing the maximum number of lots and/or dwelling units that may be created under this procedure:

a)

Land utilized by public utilities as easements, for major facilities, such as electric transmission lines, sewer lines, water mains, or other similar lands which are not available to the other because of such easement.

b)

Land within floodways.

2)

Maximum Number Of Lots And Dwelling Units: After the total gross area available for development has been determined by the above procedure, the maximum number of lots and/or dwelling units that may be approved within a planned unit development shall be computed by subtracting from the total gross area available a fixed percentage of said total for street right-of-way purposes and dividing the remaining net area available by the minimum lot area requirement of the zoning district in which the planned unit development is located.

The fixed percentages for street right-of-way purposes to be subtracted from the total gross area available for development shall be determined according to the following schedule:

TABLE 30 PUD STREET RIGHT-OF-WAY PERCENTAGES

These percentages shall apply only if no other actual street right-of-way data or easement information is provided for review by the developer.

Under this procedure, individual lots may be reduced in area below the minimum lot size required by the zone district in which the planned unit development is located, provided that the total number of dwelling units and/or lots created within the development is not more than the maximum number that would be allowed if the tract were developed under the minimum lot area requirements of the applicable zone district in which it is located.

Recognizing that good project planning, provision of adequate and developed open space and sound site design, minimize the effects of crowding associated with higher densities, the developer at the time of requesting a special use permit may also request a maximum of up to a ten percent (10%) increase in permitted dwelling unit density as above computed.

Said request may be granted as a condition of special use permit, provided increased density does not result in creation of any of these conditions:

a)

Inconvenience or unsafe access to the planned development.

b)

Traffic congestion in streets which adjoin the planned development.

c)

An excessive burden on public services or utilities including schools which serve the planned development.

3)

Permissive Minimum Lot Area: Notwithstanding other procedures set forth in this Section, lot sizes within planned unit developments shall not be varied or reduced in area below the following standards:

a)

One-Family Detached Dwelling Structure: Six thousand five hundred (6,500) square feet of lot area.

b)

Two-Family Dwelling Structure: Eight thousand five hundred (8,500) square feet of lot area.

c)

Townhouses, Row Houses, Or Other Similar Permitted Single-Family Attached Dwelling Types: Six thousand five hundred (6,500) square feet of lot area for the first dwelling unit in each structure plus two thousand (2,000) square feet for each additional dwelling unit within a structure.

4)

Permissive Minimum Yard Requirements: Under the lot averaging or reduction procedure, each lot shall have at least the following minimum yards:

a)

Front Yard: Twenty feet (20') for all dwellings, provided that front yard requirements may be varied by the Planning Commission after consideration of common greens or other common open space if such provides an average of twenty feet (20') of front yard area per dwelling unit.

b)

Side Yard: Eight feet (8') on each side for all one-family and two-family dwellings; none for townhouses or row houses, provided that there shall be a minimum of twenty feet (20') between end of contiguous groups of dwelling units.

c)

Rear Yard: Twenty-five feet (25') for all dwellings, provided that rear yard requirements may be varied by the Planning Commission after consideration of common open space lands or parks which abut the rear yard area.

d)

Perimeter Setback: The yard requirements at the exterior boundaries of the project will not be less than the minimum yards required in the district where located.

5)

Maximum Permissive Building Height: Two and one-half (2 1/2) stories but not exceeding thirty five feet (35'). Accessory buildings shall not exceed a height of fifteen feet (15').

6)

Minimum Floor Area: Minimum floor area shall be required in the following amounts:

7)

Signs: Signs, in accordance with the Thomas Township Sign Ordinance.

8)

Off-Street Parking: Off-street parking in accordance with the schedule outlined in Chapter 5.

TABLE 31 PUD MINIMUM FLOOR AREA AMOUNTS

f.

Open Space Requirements: For each square foot of land gained through the averaging or reduction of lot sizes under the provisions of this Section, equal amounts of land shall be provided in open space. The minimum amount of open space area required in any PUD is twenty-five percent (25%). All open space, tree cover, recreational area, scenic vista, or other authorized open land areas shall be either set aside as common land for the sole benefit, use and enjoyment of present and future lot or homeowners within the development or shall be dedicated to the general public as park land for the use of the general public. The Planning Commission shall determine which of these options is most appropriate and shall recommend to the Township Board one of the following procedures as part of its approval of a special use permit for a planned unit development:

1)

That open space land shall be conveyed by proper legal procedures from the tract owner or owners to a homeowners' association or other similar nonprofit organization so that fee simple title shall be vested in tract lot owners as tenants in common, provided that suitable land and any buildings thereon, and provided further that an open space easement for said land be conveyed to the Township to assure that open space land remains open.

2)

That open space land shall be dedicated to the general public for parks or recreational purposes by the tract owner or owners, provided that the location and extent of said land conforms to the development plans and provided further that access to and the characteristics of said land is such that it will be readily available to and desirable for public use, development, and maintenance. It is the intent of this Section that in cases where subsection f2 above is determined to be in the best interest of the general public that the owners or developers of the planned unit development shall not be compelled or required to improve the natural condition of said open space lands.

g.

Street Development Requirements: Street standards and specifications adopted by the Saginaw County Road Commission shall be complied with for all street improvements, unless the street is to be private.

1)

Public Street and Private Street Requirements: All streets must be paved. All streets must be designed meeting the development standards of the Saginaw County Road Commission.

2)

Private Street Requirements: The width of a private street may vary as well as right-of-way and easements for streets, depending on the development proposed. All private streets must meet public safety needs in terms of accessibility as determined by the Planning Commission.

h.

Sidewalk Requirements: Sidewalks must be installed within all planned unit developments meeting the Sidewalk Ordinance development standards.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; amd. 1998 Code; Ord. 99-Z-05, 4-5-1999, eff. 5-14-1999)

Buildings and structures intended to service the community including water towers, lift stations, pump stations for both sanitary sewer and storm sewer, public safety buildings including fire stations, police stations and other governmental buildings intended to provide services to the public. Water towers are not restricted by district height limitations and may be equipped with cell antenna or other wireless antennas.

a.

All public and private utilities, services and installations shall be located behind the front building line of the principal building on the property. Where possible, utilities shall be buried.

b.

All above ground utilities and installations must be screened from view of the road and adjacent properties whether installed on the ground or on structures.

c.

Where fencing is required or desirable, fencing shall be consistent in design with the surrounding environment. In no case shall chain link fencing with inserted privacy slats be used. Use of barbed wire is prohibited in residential districts and in other districts where residential uses are within view.

d.

Lot size may be reduced to no less than one hundred feet (100') in width and fourteen thousand (14,000) square feet with minimum front yard of sixty feet (60'), side yards of twenty feet (20') and rear yard of thirty feet (30').

e.

Applicable height and lot coverage requirements of the B-1 District shall be maintained.

f.

All buildings shall be harmonious in appearance with the surrounding residential area and shall be similar in design and appearance to any other buildings on the same site development.

g.

Where mechanical equipment is located in the open air, it shall be screened from the surrounding residential area by suitable plant material and shall be fenced for safety. All buildings housing mechanical equipment shall be landscaped and maintained to harmonize with the surrounding area.

h.

Other utility control functions such as gas, electric, cable and phone boxes shall be located in the rear yards of residentially zoned areas, preferably at the rear lot line.

A Quasi-Public facility shall:

a.

Prohibit overnight parking and camping except for one weekend a year.

b.

Supply a properly maintained and drained parking area.

c.

Supply at least two (2) permanent toilet facilities.

d.

Be located on a County primary road with a minimum of five hundred feet (500') of road frontage and be a minimum of seven (7) acres in size.

e.

Not operate after dusk, except for one weekend a year, unless the event is within a closed building.

f.

Not conduct activities during traditional meeting times of adjacent institutional or church uses except for one weekend a year.

The above restrictions may be adjusted for special events by the Township Board given sixty (60) days' notice for review and pursuant to any other applicable Township ordinances after considering such matters as:

a.

Impact on adjacent properties.

b.

Type of event planned.

c.

Duration of event.

d.

Hours of event.

e.

Insurance coverage.

f.

Security plan.

g.

Drinking guidelines.

h.

Parking plan.

i.

Recommendations from the Fire and Police Departments.

a.

Drive-in, drive-thru, take-out or other forms of off-premises dining are prohibited.

b.

Dancing or nightclub entertainment is prohibited.

c.

The proposed use is designed, constructed, operated and maintained in harmony with adjacent land uses or zoning districts.

a.

Location. Commercial stables shall not be located on land that is part of a recorded plat.

b.

Minimum Size. Commercial stables shall have a minimum of one (1) acre per animal, but in no such case shall there be less than twenty (20) acres.

c.

Setbacks. All buildings in which animals are kept shall be located a minimum of one hundred (100') feet from any property line planned, zoned or used for residential purposes and a minimum of fifty (50') feet from any occupied dwelling and any other building used by the public on-site.

d.

Maintenance. All stables shall be constructed and maintained so that odor, dust, noise and drainage shall not create a nuisance or hazard to adjoining properties. All manure shall be stored at least one-hundred (100') feet from any property line and shall be removed from the premises or spread and cultivated so as to control odors and flies.

e.

Supervision. Persons renting horses shall be properly supervised so as to avoid conflict with other nearby property owners.

The purpose of this section is to allow limited commercial quarrying, gravel processing and mining of minerals within the Township under certain defined conditions, and to minimize the impacts of those operations upon adjacent properties and the surrounding neighborhood. The following requirements also apply to expanded or new areas of earth removal quarrying, gravel processing, mining and mineral extraction businesses actively in existence with the Township at the time of adoption of the Ordinance.

a.

Street Access: All such operations shall be located on a major road for ingress and egress thereto, or on a road which does not create traffic through an area developed primarily for residential purposes. Where necessary, the Planning Commission may require the applicant to construct and/or improve a road to accommodate the truck travel necessitated by the operations as a condition to such operations, and for the purpose of routing traffic around residential areas and preventing the breaking up of existing roads which are not "all weather" roads.

b.

Setbacks and Grade Levels:

1)

Sufficient setbacks shall be provided from all property lines and public rights-of-way to assure adequate lateral distances from adjacent public and private property. No such excavation operation shall be permitted closer than one hundred fifty (150') feet to interior boundary lines of the property but larger setbacks may be required by the Planning Commission to adequately protect adjoining properties.

2)

No such excavation operation shall be permitted within fifty (50') feet of adjoining public rights-of-way except for the lowering of land adjoining the rights-of-way to the grade level of the rights-of-way.

3)

The permanent processing plant and its accessory structures shall not be located closer than two hundred fifty (250') feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impact. In addition, the foregoing shall apply to digging or excavating apparatus, to the stockpiling or loading of materials and to the location of transportation equipment.

4)

No such excavation operation shall be located within one hundred (100') feet of the banks of any stream or waterway unless previously approved, in writing, by the Michigan Water Resources Commission, or such other State commission having appropriate jurisdiction. No such mining operations shall be conducted to the detriment or damage of adjoining public or private properties.

c.

Sight Barriers: Sight barriers shall be provided along all boundaries of the site which lack natural screening conditions through existing contours or evergreen growth. Such barriers shall consist of one or more of the following:

1)

Earth berms constructed to a height of six (6') feet above the mean elevation of the centerline of the adjacent public roadway and/or six (6') feet above the general level of terrain along interior property lines. Such berms shall have slopes that are not in excess of one (1') foot vertical to three (3') feet horizontal and shall be planted with grass, trees or shrubs.

2)

Plantings of evergreen trees or 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 sight barriers when six (6') feet in height.

d.

Nuisance Abatement:

1)

Noise and Vibrations. Noise and vibration shall be minimized in their effect upon adjacent properties by the utilization of modern equipment designed to accomplish such minimization and by the proper use of berms, walls, and natural planting screens. All equipment shall be maintained and operated in such a manner so as to eliminate, as far as practicable, excessive noise and vibrations which are not necessary in the operation of such equipment.

2)

Air Pollution. Air pollution in the form of dust and dirt shall also be kept to a minimum by the use of modern equipment and methods of operation designed to avoid any excessive dust or dirt or other air pollution injurious or substantially annoying to adjoining property owners. Interior and adjoining roads used in the operations shall have their surface treated to minimize any such nuisance.

3)

Hours of Operation. The operation shall be restricted to the hours of seven (7:00 am) o'clock a.m. until six (6:00 pm) o'clock p.m. Monday through Friday.

4)

Fencing. In addition to the sight barriers along the boundaries of the site all steep excavations, pits and pond areas, banks or slopes shall be fenced and posted with signs around the perimeter thereof and maintained to prevent injury to children or others. Such excavation, pits, pond areas, banks and slopes upon termination of operations, shall be eliminated as expeditiously as possible.

e.

Reclamation of Mined Areas:

1)

Time Periods. Reclamation and rehabilitation of mined areas shall be accomplished as soon as practical following the mining or excavation of an area. Rehabilitation and reclamation shall be commenced immediately upon the termination of the mining or excavation operations in any area consisting of one (1) acre or more. Substantial completion of reclamation and rehabilitation shall be effected within one (1) year after termination of mining or excavation activity. Inactivity for a twelve (12) month consecutive period shall constitute, for this purpose, termination of mining activity.

2)

Standards.

a)

All excavation shall be either to a water producing depth of not less than five (5) feet below the average summer level of water in the excavation, or shall be graded or backfilled with non-noxious, non-flammable, non-polluting and non-combustible solids to ensure:

i.

That the excavated area shall not collect stagnant water and not permit the same to remain; or,

ii.

That the surface of such area which is not permanently submerged is graded or backfilled as necessary to produce a gently rolling surface that will minimize wind and water erosion, and which will be generally compatible with the adjoining land area.

b)

The banks of all excavations shall be sloped to the waterline in a water-producing excavation, and to the pit floor in a dry operation at a slope which shall not be steeper than one (1) foot vertical to three (3) feet horizontal.

c)

Top soil of a quality equal to that occurring naturally in the area shall be replaced on excavated areas not covered by water, except where streets, beaches, or other planned improvements are to be completed within a one (1) year period. Where used, top soil shall be applied to a minimum depth of four (4") inches sufficient to support vegetation.

d)

Vegetation shall be restored by the appropriate seeding of grasses or the planting of trees and shrubs to establish a permanent vegetative cover on the land surface and to minimize erosion.

e)

Upon cessation of mining operations by abandonment or otherwise, the operating company, within a reasonable period of time not to exceed twelve (12) months thereafter, shall remove all plant structures, foundations, buildings, stockpiles and equipment, provided that buildings and structures which have a function under the reclamation plan and which can be lawfully used under the requirements of the zoning district in which they will be located under such plan may be retained.

f.

Performance Bond: A performance bond or cash shall be furnished the Township Clerk ensuring the proper rehabilitation and reclamation of the mined and excavated areas prior to the commencement of any such mining or excavating operations. The amount of guarantee shall not be less than three thousand dollars ($3,000) per acre proposed to be mined or excavated in the following twelve (12) month period and which has previously been mined or excavated during any preceding period and not reclaimed and rehabilitated in accordance with this ordinance and the applicant's filed plan. Mined areas resulting in a water depth of five (5) feet or more shall be deemed to be reclaimed areas to within fifteen (15) feet of any vertical shoreline thereof and to the extent of the shoreline where the same has been sloped to a grade of not more than one (1) vertical to three (3) horizontal, for the purpose of this financial guarantee. Such financial guarantee shall be reviewed annually on or about the anniversary date of the excavation permit for adjustment and compliance with the foregoing requirements by the Zoning Administrator and the Planning Commission. In no event shall such financial guarantee be less than three thousand dollars ($3,000) and the dollar amount of the guarantee shall be set by the Township Board.

g.

Submission of Operational and Reclamation Plans: Plan Contents. No earth removal, quarrying, gravel processing, mining and related mineral extraction businesses shall be allowed or commenced until a plan has been submitted to the Planning Commission disclosing compliance with all of the provisions of this ordinance or the manner in which compliance will be secured by the applicant. Such plans shall include, among other things, the following:

1)

A contour map of the tract of land involved in the operations, including dimensions of the same, access thereto abutting public streets, and whether or not the same are "all weather" roads, additional roads, if any, to be constructed, and the location and nature of abutting improvements on adjoining property.

2)

The number of acres and the location of the same proposed to be operated upon within the following twelve (12) month period after commencement of operations.

3)

The type of mining or processing proposed to be conducted and the nature of the equipment to be used.

4)

The location of the principal processing plant and the distance of any proposed excavation or mining from the boundaries of the site.

5)

Soil boring tests shall be made around the perimeter of the excavation site in the event excavation or activities are to be conducted closer than one hundred fifty (150) feet from the boundaries of the site. The soil boring tests shall disclose conditions satisfactory for lateral support of adjacent premises as determined by a registered civil engineer. The written consent of the Planning Commission shall be required if mining operations shall be closer than specified in this ordinance to the boundaries of the site.

6)

A map or plan disclosing the final grades and elevations to be established following the completion of the mining operations, including the proposed uses then contemplated for the land, future lakes and roads and such other matters as may evidence the bona fide nature of the reclamation and rehabilitation plans and the fact that the land will not be devastated and rendered unusable by the proposed mining activities.

h.

Additional Conditions. In making any decision, the Planning Commission shall have the right and authority to impose such additional conditions and safeguards as it deems necessary for the protection of the health, safety and general welfare of the neighborhood and of the adjoining residents and property owners. It may also limit the length of time its special use permit is to be effective and may provide for a periodic review of the proposed operations to ascertain compliance with the conditions and limitations imposed upon such operations. It shall be empowered to renew or extend a special use permit where all standards and conditions are complied with and may revoke or refuse to renew the same where non-compliance exists. No revocation or failure to renew or extend a permit shall release the applicant from the duty of rehabilitation and reclamation of the mined or disturbed area. No permit shall be revoked or not renewed until the operator has been given written notice of any violation forming the basis of the revocation or denial of renewal and not less than thirty (30) days have elapsed to correct the stated violation. All permits shall be reviewed by the Planning Commission annually.

i.

Inspections and Conformance. Inspections shall be made of the mining site no less often than twice in each calendar year by the Zoning Administrator in order to ensure conformance with the requirements of the approved special use permits. An aerial photo or a CD showing the entire property and/or operations thereon shall be taken prior to the start of operations and annually thereafter and presented to the Zoning Administrator for administrative and enforcement purposes.

j.

Liability Insurance. All operators shall be required to carry personal injury and property damage insurance while any unreclaimed or unrehabilitated area exists, in amount to be established by the Township Board. The insurance shall cover injury or damage occurring upon the site of the operations as well as upon adjoining properties, as a result of conditions or activities existing upon the site. A copy of the policy shall be filed with the Township Clerk.

a.

Such use shall be accessory to productive agricultural operations having a minimum of forty (40) acres of land to house migratory workers on a seasonal basis.

b.

All provided shelters shall be of single-story construction and not exceed twenty-five feet (25') in height.

c.

All provided shelters shall be located in the rear year and located at least two hundred feet (200') from all property lines.

d.

The use of trailers, tents and vehicles as sleeping or living quarters in an agricultural labor camp is strictly prohibited; however, mobile homes constructed in accordance with the standards for mobile home construction as contained in the United States Department of Housing and Urban Development (HUD) regulations entitled Mobile Homes Construction and Safety Standards, as amended, shall be permitted.

e.

Agricultural labor camps shall comply with the minimum requirements and standards as established under the provisions of PA 368 of 1978, of the State of Michigan, as may be amended, relating to agricultural labor camps and any and all rules and regulations promulgated pursuant to Part 124 of PA 368, 1978, as amended.

a.

The proposed use shall have fifteen thousand (15,000) square feet of land area.

b.

The site layout, setbacks, structures, overall appearance and functional relationship of the proposed use shall be compatible with adjacent land use.

c.

If the proposed use is located adjacent to any R-1, R-2, or R-3 zoning district, a thirty foot (30') buffer zone shall be established between the proposed use and the R district. The buffer area shall consist of a six foot (6') high privacy wood fence along with tree plantings, shrubs and grass.

d.

The use shall principally have indirect access off of a designated arterial road through the driveway or ingress/egress approaches of the primary land use.

e.

Vehicles, trailers and boats shall be repaired within a completely enclosed building.

f.

All vehicles, trailers and boats for repair shall be temporarily stored or parked within an enclosed building or within a six foot (6') high walled or fenced enclosure.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; amd. 1998 Code; Ord. No. 07-G-05, § 2, 8-19-2007, eff. 9-28-2007)

a.

All uses shall be established and maintained in accordance with all applicable State of Michigan statutes. If any of the requirements of this subsection are less than those in applicable State statutes, the State requirements shall prevail.

b.

All operations shall be completely enclosed by a wire link fence not less than six feet (6') high.

c.

All operations and structures shall be surrounded on all sides by a transition strip at least two hundred feet (200') in width within which grass, plant materials and structural screens shall be placed to minimize the appearance and odors of the installations. The Planning Commission shall approve all treatment of transition strips.

In the development and execution of this ordinance, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having deleterious effects upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to blighting or downgrade the surrounding neighborhood. These special regulations are itemized is this Section. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area or next to residential zones or certain institutional uses.

In regulating sexually oriented businesses, as that term is defined herein, it is the purpose of this article to promote the health, safety, and general welfare of the citizens of the Township, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult entertainment activities within the Township. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented material to the intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Township Board, and on findings incorporated in the cases of Pap's A.M. v City of Erie, 529 U.S. 277 (2000); Thomas v. Chicago Park District, 534 U.S. 316 (2002); City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v LaRue, 409 U.S. 109 (1972); Sensations, Inc. v. City of Grand Rapids, Case Nos. 1:06-CV-300, 4:06-CV-60 (W.D. Mich. Oct. 23, 2006)(unpublished); 2006 U.S. Dist. LEXIS 77159; DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6 ^th Cir. 1997): East Brooks Books, Inc. v. City of Memphis, 48 F.3d 220 (6 ^th Cir.1995); Broadway Books v. Roberts, 642 F.Supp. 486 (E.D. Tenn. 1986); Bright Lights, Inc. v. City of Newport, 930 F.Supp. 378 (E.D. Ky. 1993); Exec. Arts Studio v. City of Grand Rapids, 391 F.3d 783 (6 ^th Cir. 2004); Richland Bookmart v. Nichols, 137 F.3d 435 (6 ^th Cir. 1998); Déjà vu v. Metro Government, Case Nos. 96-6512, 96-6573, 97-5924, 97-5938 (6 ^th Cir. Jan. 13, 1999) 1999 U.S. App. LEXIS 535 (unpublished); Bamon Corp. v. City of Dayton, 923 F. 2d 470 (6 ^th Cir. 1991); Threesome Entertainment v. Strillmather, 4 F.Supp.2d 710 (N.D. Ohio 1998); J.L. Spoons, Inc. v. City of Brunswick, 49 F.Supp.2d 1032 (N.D.Ohio 1999); Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6 ^th Cir. 1994); O'Connor v. City and County of Denver, 894 F.2d 1210 (10 ^th Cir. 1990); Déjà vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County, 274 F.3d 377 (6 ^th Cir. 2001); Z.J. Gifts D-2, L.L.C. v. City of Aurora, 136 F.3d 683 (10 ^th Cir. 1998); Connection Distrib. Co. v. Reno, 154 F.3d 281 (6 ^th Cir.1998); Sundance Assocs. v. Reno, 139 F.3d 804 (10 ^th Cir. 1998); American Library Association v. Reno, 33 F.3d 78 (D.C.Cir. 1994); American Target Advertising, Inc. v. Giani, 199 F.3d 1241 (10 ^th Cir. 2000); ILQ Investments, Inc. v. City of Rochester, 25 F.3d 1413 (8 ^th Cir. 1994); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 184 F.Supp.2d 445 (D. Md. 2002); Currence v. Cincinnati, 28 Fed.Appx. 4385 (6 ^th Cir. 2002); and other cases; and on testimony to Congress in 135 Cong. Rec. S. 14519; 135 Cong. Rec. S 5636; 134 Cong. Rec. E 3750; and reports of secondary effects occurring in and around Adult Entertainment Activities, including, but not limited to, Phoenix, Arizona - 1979; Minneapolis, Minnesota-1980; Houston, Texas - 1997; Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City, Oklahoma - 1986; Cleveland, Ohio - and Dallas, Texas - 1997; St. Croix County, Wisconsin - 1993; Bellvue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square Study - 1994; Phoenix, Arizona - 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000, and the Report of the Attorney General's Working Group on the Regulation of Adult Entertainment Activities, (June 6, 1989, State of Minnesota), the Township Board finds that Sexually Oriented Businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Thomas Township is seeking to abate and prevent in the future

a.

Distance Restrictions:

1)

No sexually oriented business shall be permitted to be established within one thousand five hundred (1,500') feet of another sexually oriented business.

2)

It shall be unlawful to hereafter establish any sexually oriented business within one thousand (1,000') feet of any residentially zoned property or within one thousand (1,000') feet of any religious or educational institution, public park, or recreational land use.

b.

Signs and Exterior Display: Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of actual adult uses, and are limited to the signage provisions stated the Thomas Township Sign Ordinance. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" (as defined in this ordinance) from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, structural elements or other opening.

c.

Precautionary Note To The Zoning Board Of Appeals: When considering any appeal from an sexually oriented business for reduction of spacing or separation standards established herein, the Zoning Board of Appeals shall address each of the following issues and include the findings regarding each point in their minutes:

1)

Ordinance Intent: The proposed use shall not be contrary to the intent and purpose of this ordinance, or injurious to nearby properties.

2)

Blighting Influence: The proposed use shall not enlarge or encourage the development of a concentration of such uses or blighting influences.

3)

Neighborhood Conservation: The proposed use shall not be contrary to any program of neighborhood conservation, revitalization or urban renewal.

4)

Other Standards: The proposed use, and its principal building, shall comply with all other regulations and standards of this ordinance.

a.

Intent and Purpose: To promote the use of Solar Energy within Thomas Township as a clean alternative energy source and to provide for the land development, installation and construction regulations for large photovoltaic solar farm facilities subject to reasonable conditions that will protect the public health, safety and welfare. These regulations establish minimum requirements and standards for the placement, construction and modification of large photovoltaic solar farm facilities, while promoting a renewable energy source for our community in a safe, effective and efficient manner.

b.

Minimum Lot Size: Large photovoltaic solar farm facilities shall not be constructed on parcels less than twenty (20) acres in size.

c.

Height Restrictions: All photovoltaic panels located in a solar farm shall be restricted to a height of fourteen (14) feet.

d.

Setbacks: All photovoltaic solar panels and support structures associated with such facilities (excluding perimeter security fencing) shall be a minimum of ten (10) feet from a side or rear property line and a minimum of twenty (20) feet from any road or highway right-of-way.

e.

Maximum Lot Coverage: Maximum lot coverage restrictions shall not apply to photovoltaic solar panels. Any other regulated structures on the parcel are subject to maximum lot coverage restrictions.

f.

Safety/Access: A security fence (height and material to be established through the special use permit process) shall be placed around the perimeter of the solar power plant and electrical equipment shall be locked. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.

g.

Noise: No large photovoltaic solar farm facilities shall exceed sixty-five (65) dBA as measured at the property line.

h.

Landscaping: Large photovoltaic solar farm facilities shall be required to install perimeter landscaping equal to one (1) tree for each twenty-five (25) feet of road or highway frontage. The equivalent of one (1) tree shall be required along the sides and rear of such developments equal to one (1) tree every twenty-five (25) feet of property line when abutting existing homes or developed parcels. The Planning Commission may alter the landscaping requirement depending upon the location and existing plant material on the site. Trees shall be a minimum of four (4) feet tall when planted and remain in good condition for the life of the large photovoltaic solar farm.

i.

Local, State and Federal Permits: Large photovoltaic solar farm facilities shall be required to obtain all necessary permits from the U.S. Government, State of Michigan, and Thomas Township, and comply with standards of the State of Michigan adopted codes.

j.

Electrical Interconnections: All electrical interconnection or distribution lines shall comply with all applicable codes and standard commercial large-scale utility requirements. Use of above ground transmission lines shall be prohibited within the site.

k.

Additional Special Use Criteria: The following topics shall be addressed in a Special Use application for such large photovoltaic solar farm facilities in addition to the Special Use Review Criteria:

1)

Project description and rationale: Identify the type, size, rated power output, performance, safety and noise characteristics of the system, including the name and address of the manufacturer, and model. Identify time frame, project life, development phases, likely markets for the generated energy, and possible future expansions;

2)

Analysis of onsite traffic: Estimated construction jobs, estimated permanent jobs associated with the development;

3)

Visual impacts: Review and demonstrate the visual impact using photos or renditions of the project or similar projects with consideration given to tree plantings and setback requirements;

4)

Wildlife: Review potential impact on wildlife on the site;

5)

Environmental analysis: Identify impact analysis on the water quality and water supply in the area, and dust from project activities;

6)

Waste: Identify solid waste or hazardous waste generated by the project;

7)

Lighting: Provide lighting plans showing all lighting within the facility. No light may adversely affect adjacent parcels. All lighting must be shielded from adjoining parcels, and light poles are restricted to eighteen (18) feet in height;

8)

Transportation plan: Provide access plan during construction and operation phases. Show proposed project service road ingress and egress access onto primary and secondary routes, layout of the plant service road system. Due to infrequent access to such facilities after construction is completed, it is not required to pave or curb solar panel access drives. It will be necessary to pave and curb any driveway and parking lots used for occupied offices that are located on site;

9)

Public safety: Identify emergency and normal shutdown procedures. Identify potential hazards to adjacent properties, public roadways, and to the community in general that may be created;

10)

Sound limitations and review: Identify noise levels at the property line of the project boundary when completed;

11)

Telecommunications interference: Identify electromagnetic fields and communications interference generated by the project;

12)

Life of the project and final reclamation: Describe the decommissioning and final land reclamation plan after anticipated useful life or abandonment or termination of the project, including evidence of an agreement with the property owner that ensures proper final removal of power generating equipment within six (6) to twelve (12) months of decommissioning.

l.

The Planning Commission Review: Because of the ever changing technical capabilities of photovoltaic solar panels and of new technology in general, the Planning Commission shall have the authority to review and consider alternatives in both dimensional requirements as well as physical development requirements found in this Section. The Planning Commission shall not have the authority to review or to allow large photovoltaic solar farm facilities within any other zoning district.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997; Ord. No. 10-Z-03, § 1, 12-15-2010, eff. 1-14-2011, Ord. 03-Z-01, 10-6-2003, eff. 11-14-2003)

a.

No temporary structures for sales or servicing are included.

b.

All car sales and parking areas are properly drained and paved in accordance with the provisions of this ordinance.

c.

The site layout, setbacks, structures and overall appearance and function of the proposed sales lot would be compatible with adjacent land uses.

d.

The site is not adjacent to an existing residential area or R-1, R-2 or R-3 Zoning District.

e.

The applicant constructs and/or occupies a permanent building of at least five hundred (500) square feet on the site.

f.

The purposed site has a minimum lot size of twenty two thousand five hundred (22,500) square feet.

g.

The dealership maintains an on-site inventory of at least thirty (30) vehicles.

h.

The placement of vehicles for display is of a professional nature, such as no upside-down cars.

i.

There will be no selling or storing of used auto parts on the premises.

j.

There will be no painting on the premises.

k.

There will be no storage of junked or inoperable vehicles on the premises.

Kennels, including the offices and clinic of a veterinarian are uses permitted by special land use permit in the A-1 and A-2 Districts under the following conditions:

a.

They must be located on a continuous parcel of land five (5) acres or more in area.

b.

No building or runs shall be closer than one hundred feet (100') from any abutting property line and

c.

All runs or breeding areas shall be enclosed. For kennels, one parking space shall be provided for every five (5) kennel runs.

d.

Parking shall be designed to accommodate the maximum number of visitors using the facility plus one space for each employee shall be provided. All off-street parking shall be paved and constructed to the standards of this ordinance.

(Ord. 97-Z-03, 11-3-1997, eff. 12-12-1997)

a.

Intent.

1)

Promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of non-wind utility supplied electricity.

2)

Permit the safe, effective and efficient siting and operation of utility grid wind energy conversion systems and farms.

3)

Protect the health, welfare, safety, and quality of life of the general public, and to ensure compatible land uses in the vicinity of the areas affected by such facilities.

4)

Provide a map showing the location where windmills and wind-powered electricity generating devices are allowed within Thomas Township.

b.

Definitions.

1)

Ambient: Ambient is defined as the sound pressure level exceeded ninety percent (90%) of the time or L90.

2)

ANSI: American National Standards Institute.

3)

Commencement of Construction: Excavation of turbine foundations. Preparation of the substation site, lay down yards, staging areas, and office set up, etc., are not considered commencement of construction.

4)

dB(A): The sound pressure level in decibels. Refers to the "a" weighted scale defined by ANSI. A method for weighting the frequency spectrum to mimic the human ear.

5)

Decibel: The unit of measure used to express the magnitude of sound pressure and sound intensity.

6)

Hub Height: The distance from the turbine platform to the rotor shaft

7)

Height of Structure: The height of the structure is the distance from the platform to the highest point on the tip of a fully vertical rotor blade.

8)

Inhabited Structure: Any existing structure usable for living or non-agricultural commercial purposes, which includes but is not limited to working, sleeping, eating, cooking, recreation, office, office storage, or any combination thereof. An area used only for storage incidental to a residential use, including agricultural barns, is not included in this definition. If it is not clear by this definition, the zoning administrator shall make a determination of any structure regarding whether or not if it is inhabited.

9)

IEC: International Electro technical Commission. The IEC is the leading global organization that prepares and publishes international standards for all electrical, electronic and related technologies.

10)

ISO: International Organization for Standardization. ISO is a network of the national standards institutes of one hundred fifty-six (156) countries.

11)

Non-Participating Parcel: A property that is not subject to a wind turbine lease or easement agreement at the time an application is submitted for a special land use for the purposes of constructing a utility grid wind energy system

12)

On Site Use Wind Energy Systems: An on site use wind energy system is intended to primarily serve the needs of the consumer.

13)

Participating parcel: A property that participates in a lease or easement agreement, or other contractual agreement, with an entity submitting a special land use permit application for the purposes of developing of a utility grid wind energy system.

14)

Rotor: An element of a wind energy system that acts as a multi-bladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

15)

SCADA Tower: A freestanding tower containing instrumentation such as anemometers that is designed to provide present moment wind data for use by the supervisory control and data acquisition (SCADA) system.

16)

Shadow Flicker: Alternating changes in light intensity caused by the moving blade of a wind energy system casting shadows on the ground and stationary objects, such as a window at a dwelling.

17)

Sound Pressure: Average rate at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

18)

Sound Pressure Level: The sound pressure mapped to a logarithmic scale and reported in decibels (dB).

19)

Utility Grid Wind Energy Systems: A utility grid wind energy system is designed and built to provide electricity to the electric utility grid.

20)

Wind Energy Conversion System: A wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blades, and tower as well as related electrical equipment. This does not include wiring to connect the wind energy system to the grid.

21)

Wind Site Assessment: An assessment to determine the wind speeds at a specific site and the feasibility of using that site for construction of a wind energy system.

c.

Wind Energy System Site Assessment for Utility Grid Wind Energy Systems: Prior to construction of a utility grid wind energy system, a wind site assessment is conducted to determine the wind speeds and the feasibility of using the site. Anemometer towers or "Met Towers," more than sixty-five (65) feet in height used to conduct a wind site assessment for possible installation of an on site use wind energy system shall also be a special land use.

Prior to the installation of the tower, an application for a special land use permit shall be filed with the local government that will include:

1)

Applicant identification;

2)

A site plan;

3)

A copy of that portion of the applicant's lease with the land owner granting authority to install the Met tower and requiring the applicant to remove all equipment and restore the site after completion of the wind site assessment, and

4)

Proof of the applicant's public liability insurance. The distance from the center of a Met tower and the property lines between the leased property and the non-leased property shall be at least the height of the Met tower. Leased property can include more than one (1) piece of property and the requirement shall apply to the combined properties.

d.

Utility Grid Wind Energy Systems: A utility grid wind energy system shall be considered a special land use in a portion of the A-2 district as depicted on the Wind Energy Inclusion Zone Map which specifically allows for them to be constructed in Sections 6, 7, 8, 17 and the North half of Section 18 and cannot be constructed outside of those areas.

e.

The planning commission review of a special land use permit application for a wind energy conversion facility is a two-step process. The first step is the public hearing and decision by the planning commission, per the procedures for review in Chapter 18. The second step, which may occur at a separate meeting for a utility scale wind energy system, is the site plan review process by the Planning Commission as described in Chapter 19. A decision on the special land use permit application by the planning commission is inclusive of all proposed wind turbine components, underground electrical lines, sub-station(s), underground electrical lines, junction boxes, laydown yard(s), concrete batch plant(s), and any operations/maintenance building(s).

f.

Prior to the installation of a utility grid wind energy system, an application for a special land use permit shall be filed with the local government and shall include the following:

1)

Applicant Identification: Applicant name and address in full, a statement that the applicant is the owner involved or is acting on the owner's behalf, the address of the property involved if application (substitution may include a legal description or parcel identification numbers) and any additional contact information.

2)

Project Description: A general description of the proposed project including a legal description of the property or properties on which the project would be located and an anticipated construction schedule.

3)

Site Plan: The site plan shall include maps showing the physical features and land uses of the project area, both before and after construction of the proposed project. The site plan shall include:

a)

The project area boundaries;

b)

The location, height, and dimensions of all existing and proposed structures and fencing;

c)

The location, grades, and dimensions of all temporary and permanent on-site and access roads from the nearest county or state maintained road;

d)

A description of the routes to be used by construction and delivery vehicles and of any road improvements that will be necessary in the Township to accommodate construction vehicles, equipment or other deliveries, and an agreement or bond which guarantees the repair of damage to public roads and other areas caused by construction of the Wind Energy Facility;

e)

Existing topography;

f)

Water bodies, waterways, wetlands, and drainage channels;

g)

All new infrastructure above ground related to the project;

h)

Engineering data concerning construction of the tower and its base or foundation, which must be engineered and constructed in such a manner that upon removal of said tower, the soil will be restored to its original condition to a depth of four feet (4');

i)

Anticipated construction schedule;

j)

Description of operations, including anticipated regular and unscheduled maintenance;

k)

All other provisions found on the Thomas Township Site Plan Review checklist;

l)

The applicant shall submit a decommissioning plan as well as schedule of life expectancy.

4)

Insurance: Proof of the applicant's public liability insurance.

5)

Sound Pressure Level: Copy of the modeling and analysis report.

6)

Certifications: Certification that applicant has complied or will comply with all applicable state and federal laws and regulations. Copies of all such permits and approvals that have been obtained or applied for at time of the application. Note: Land enrolled in Michigan Farmland Preservation Program through Part 361 of the Natural Resources and Environmental Protection Act, 1994 Act 451 as amended, more commonly known as PA 116, must receive approval from the Michigan Department of Agriculture to locate a WECS on the property prior to construction. MDA - Farmland Preservation.

7)

Visual Impact: Visual simulations of how the completed project will look from four (4) viewable angles.

8)

Environmental Impact: Copy of the environmental impact analysis.

9)

Avian and Wildlife Impact: Copy of the avian and wildlife impact analysis.

10)

Shadow Flicker: Copy of the shadow flicker analysis.

11)

Manufacturers' Material Safety Data Sheet(s): Documentation shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.

12)

Decommissioning: Copy of the decommissioning plan.

13)

Complaint Resolution: Description of the complaint resolution process.

14)

An applicant shall remit an application fee and an escrow deposit, in the amount specified in the fee schedule adopted by the board of trustees. The escrow funds are used to cover all reasonable costs and expenses associated with the special use permit and site plan review and approval process, which costs can include, but are not limited to, fees of the township attorney, township planner, and township engineer, as well as any reports or studies which the township anticipates it may have done related to the zoning review process for the particular application. At any point during the zoning review process, the township may require that the applicant place additional monies into escrow with the Township should the existing escrow amount filed by the applicant prove insufficient. If the escrow account needs replenishing and the applicant refuses to do so within fourteen (14) days after receiving notice, the zoning review and approval process shall cease until and unless the applicant makes the required escrow deposit. Any escrow amounts which are in excess of actual costs shall be returned to the applicant.

15)

The utility grid wind energy system project shall meet the following standards and requirements:

a)

Setbacks.

i.

Setbacks from inhabited structures: Each wind turbine shall be set back from the nearest inhabited structure, a distance no less than fourteen hundred feet (1400'), as measured from the top of the blade in its vertical position to the centerline of the base.

ii.

Setbacks from Non-Leased Property: The distance between a utility grid wind energy system and the property lines of adjacent non-leased properties shall be at least one (1.0) times its total structure height.

iii.

Where property is leased on both sides of a public right-of-way, a wind energy system may be placed no closer than one rotor radius from the closest edge of the right-of-way. Where a property is leased on both sides of a private property line the tower may be placed on the property line. Leased property can include more than one piece of property and the requirement shall apply to the combined properties.

b)

Wind turbines and access roads: Wind related facilities shall be located so as to minimize the disruption to agricultural activity and, therefore, the location of towers and access routes is encouraged along internal property lines.

c)

Public Roads, Communication and Electrical Lines: Each wind turbine shall be set back from the nearest public road a distance no less than one and a half (1.5) total height of the structure or two hundred feet (200'), whichever is greater, determined at the nearest boundary of the underlying right-of-way for such public road. SCADA (supervisory control and data acquisition) or meteorological (Met) towers shall also comply with the property setback requirement. The setback shall be at least the height of the SCADA or Met tower. An operations and maintenance office building, a substation, or ancillary equipment shall comply with any property setback requirement that may be applicable to that type of building or equipment. Overhead transmission lines and power poles shall comply with the setback requirements applicable to public utilities.

d)

Sound Pressure Level: The sound pressure level generated by a utility grid wind energy system shall not exceed 50 dB(A) as measured at an inhabited structure on non-leased property. This sound pressure level shall not be exceeded for more than three (3) minutes in any hour of the day. If the ambient sound pressure level exceeds 45 dB(A), the standard shall be ambient dB(A) plus 5 dB(A).

e)

As part of the application and prior to installation, the applicant shall provide modeling and analysis that will confirm that the utility grid wind energy system will not exceed the maximum permitted sound pressure levels. Modeling and analysis shall conform to IEC 61400 and ISO 9613. After installation of the utility grid wind energy system, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. Documentation of the sound pressure level measurements shall be provided to the local government within sixty (60) days of the commercial operation of the project.

16)

Construction Codes, Towers, and Interconnection Standards: Utility grid wind energy systems including towers shall comply with all applicable state construction and electrical codes and local building permit requirements. Utility grid wind energy systems including towers shall comply with Federal Aviation Administration requirements, the Michigan Airport Zoning Act (Public Act 23 of 1950, MCL 259.431 et seq.), the Michigan Tall Structures Act (Public Act 259 of 1959, MCL 259.481 et seq.), and local jurisdiction airport overlay zone regulations. The minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. Utility Grid wind energy systems shall comply with applicable utility, Michigan Public Service Commission, and Federal Energy Regulatory Commission interconnection standards. These requirements must be met prior to the commencement of construction but not at the time of application.

17)

Safety: All utility grid wind energy systems shall be designed to prevent unauthorized access to electrical and mechanical components and shall have access doors that are kept securely locked at all times when service personnel are not present. All spent lubricants and cooling fluids shall be properly and safely removed in a timely manner from the site of the wind energy system. A sign shall be posted near the tower or operations and maintenance office building that will contain emergency contact information. Signage placed at the road access shall be used to warn visitors about the potential danger of falling ice. The minimum vertical blade tip clearance from grade shall be fifty (50) feet for a wind energy system employing a horizontal axis rotor.

18)

Visual Impact:

a)

Utility grid wind energy system projects shall use tubular towers and all Utility grid wind energy systems in a project shall be finished in a single, non-reflective matte finished color.

b)

A project shall be constructed using wind energy systems of similar design, size, operation, and appearance throughout the project.

c)

No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

d)

Nacelles may have lettering that exhibits the manufacturer's and/or owner's identification.

e)

The applicant shall avoid state or federal scenic areas and significant visual resources listed in the local unit of government's comprehensive plan.

f)

The electrical collection system shall be placed underground within the interior of each parcel at a depth of no less than four feet (4') below grade. The collection system may be placed overhead near roadways, substations or points of interconnection to the electric grid or in other areas as necessary. Any new substation shall be located at a distance of no less than one thousand feet (1,000') from the nearest residence, school, hospital, church or public library (inhabited structure). A lesser setback may be approved if the intent of this Ordinance would be better served thereby. A reduced setback shall be considered only with written approval from the owner of the inhabited structure.

19)

Environmental Impact: The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on the natural environment including, but not limited to wetlands and other fragile ecosystems, historical and cultural sites, and antiquities. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis.

The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts. The applicant shall comply with applicable parts of the Michigan Natural Resources and Environmental Protection Act (Act 451 of 1994, MCL 324.101 et seq.) including but not limited to Part 31 Water Resources Protection (MCL 324.3101 et seq.), Part 91 Soil Erosion and Sedimentation Control (MCL 324.9101 et seq.), Part 301 Inland Lakes and Streams (MCL 324.30101 et seq.), Part 303 Wetlands (MCL 324.30301 et seq.), Part 323 Shoreland Protection and Management (MCL 324.32301 et seq.), Part 325 Great Lakes Submerged Lands (MCL 324.32501 et seq.), and Part 353 Sand Dunes Protection and Management (MCL 324.35301 et seq.). The applicant shall be responsible for making repairs to any public roads damaged by the construction of the utility grid wind energy system.

20)

Avian and Wildlife Impact: The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.

Sites requiring special scrutiny include wildlife refuges, other areas where birds are highly concentrated, bat hibernacula, wooded ridge tops that attract wildlife, sites that are frequented by federally and/or state listed endangered species of birds and bats, significant bird migration pathways, and areas that have landscape features known to attract large numbers of raptors.

At a minimum, the analysis shall include a thorough review of existing information regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bats, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the federal Endangered Species Act and Michigan's Endangered Species Protection Law.

The analysis shall indicate whether a post construction wildlife mortality study will be conducted and, if not, the reasons why such a study does not need to be conducted. Power lines should be placed underground, when feasible, to prevent avian collisions and electrocutions. All above-ground lines, transformers, or conductors should comply with the Avian Power Line Interaction Committee (APLIC) published standards to prevent avian mortality.

21)

Electromagnetic Interference: No utility grid wind energy system shall be installed in any location where its proximity to existing fixed broadcast, retransmission, or reception antennae for global positioning system correction systems (RTK), radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. No utility grid wind energy system shall be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant.

22)

Shadow Flicker: The applicant shall conduct an analysis of potential shadow flicker created by each proposed wind turbine at inhabitable structure with direct line-of sight to a wind turbine. Such analysis shall be documented in a shadow flicker modeling report to be submitted as part of the special use permit application to the planning commission. The analysis shall identify the locations of shadow flicker created by each proposed wind turbine and the expected duration of the flicker at these locations from sunrise to sunset over the course of a year. Site plans shall depict a contour around each proposed wind turbine that represents the predicted thirty (30) hours per year shadow flicker generated by the modeling software used in the report. The analysis shall identify problem areas where shadow flicker may affect the occupants of the habitable structures and describe measures that shall be taken to eliminate or mitigate the problems.

23)

Decommissioning: The applicant shall submit a decommissioning plan. The plan shall include:

a)

The anticipated life of the project;

b)

The estimated decommissioning costs net of salvage value in current dollars;

c)

The method of ensuring that funds will be available for decommissioning and restoration;

d)

The anticipated manner in which the project will be decommissioned and the site restored;

e)

A provision to give notice to the Township one (1) year in advance of decommissioning. A surety bond equal to the cost of decommissioning is required.

f)

State the standard for inactivity shall be twelve (12) months.

24)

Complaint Resolution: The applicant shall develop a process to resolve complaints from nearby residents concerning the construction or operation of the project. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The process shall not preclude the local government from acting on a complaint. During construction the applicant shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours. A report of all complaints and resolutions to complaints shall be filed with the Township on an annual basis.

25)

Conflicting provisions: In the event of a conflict between any provision in this section and any other section of this Zoning Ordinance with regard to Utility-Scale Wind Energy Systems, the provisions of this section shall control.

(Ord. No. 18-Z-03, 8-6-2018, eff. 9-17-2018)

a.

Intent and Purpose. The intent and purpose of these regulations is to accommodate the communications needs of people while protecting the public health, safety and general welfare of the community. These regulations will:

1)

Facilitate the provision of wireless telecommunication services to the residents and businesses of the Township,

2)

Minimize adverse visual effects of towers through design and siting standards,

3)

Avoid potential damage to adjacent property from tower failure through structural standards and setback requirements, and

4)

Maximize the use of existing approved towers and buildings to accommodate new wireless telecommunication facilities in order to reduce the number of towers necessary to serve the community.

b.

District Regulations. A wireless communication facility shall require a building permit in all instances and may be permitted as follows:

1)

All districts: A Wireless Service Facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower as a use by right in all zoning districts provided that the following conditions are met:

a)

The existing structure or compound complies with the Township zoning ordinance or was approved by the Township.

b)

The proposed collocation would not increase the overall height of the support structure by more than 20 feet or 10 percent of original height not to exceed 200' maximum, whichever is greater; increase the width of the structure by more than the minimum necessary to permit collocation or increase the area of the existing equipment compound to great than 2,500 square feet; and

c)

The proposed collocation complies with the municipality's prior approvals for the structure or compound.

2)

Towers in Residentially zoned areas are only allowed if they are:

a)

Towers supporting amateur radio antennas and conforming to all applicable provisions of this ordinance shall be allowed in the rear yard of parcels.

b)

Towers supporting commercial antennas and conforming to all applicable provisions of this ordinance shall be allowed only in the following locations by right and shall be permitted through the site plan review procedures outlined in this ordinance:

i.

Religious institutions when camouflaged as steeples or bell towers;

ii.

Park sites, when compatible with the nature of the park; and,

iii.

Government, school, utility and institutional sites, according to the Statement of Priority of users and minimum requirements for use of Township owned properties.

iv.

Wireless telecommunication antennas on roofs, walls and existing towers may be approved by the Township staff provided the antennas meet the requirements of this ordinance after submittal of a final site plan and a report prepared by a licensed professional engineer indicating the existing structure or tower's suitability to accept the antenna and the proposed method for affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

3)

Towers in agriculturally, commercially or industrially zoned areas are allowed by right if they qualify as towers allowed by right in residentially zoned areas.

4)

Newly constructed towers are allowed only in the M-1, B-1, B-2, B-3, and B-4 districts and only by Special Use. The Special Use will be allowed under the following situations:

a)

The telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a two (2) mile radius of the proposed tower location due to one or more of the following reasons:

i.

The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.

ii.

The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost.

iii.

Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonable as documented by a qualified and licensed professional engineer.

iv.

Other unforeseen reasons make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

b)

A tower structure to be built by a third party owner of a tower other than a licensed carrier cannot be constructed without a contract to occupy the structure with at least one carrier. Contracts with any such carrier shall be required by the Township as proof that at least one carrier will occupy the structure.

c.

Collocation: Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Use Permit for a wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:

1)

A survey of all existing structures that may be feasible sites for collocating wireless service facilities,

2)

Contact with all the other licensed carriers for commercial mobile radio services operating in the County and,

3)

Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.

In the event that collocation is found to be infeasible, a written statement of the reasons for the lack of feasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The Township may deny a Special Use Permit to an applicant that has not demonstrated a good faith effort to provide for collocation.

d.

Tower Construction: Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. Towers shall be constructed to ANSI EIA TIA-222-F "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" and National Building Code construction standards for steel structures.

e.

Tower, Antenna and Accessory Building Design: Proposed or modified towers and antennas shall meet the following design requirements:

1)

Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration.

2)

Commercial wireless telecommunication service towers shall be of a monopole design unless the Township Board determines that an alternative design would better blend into the surrounding environment.

3)

Accessory Utility Cabinets and Buildings. All utility buildings and structures accessory to a transmission structure shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

f.

Tower Setbacks: Towers shall conform with each of the following minimum setbacks requirements:

1)

Towers shall be set back from adjacent property lines by a minimum distance of 1-½ times the height of the tower. Towers in industrial zoning districts may encroach into the rear setback areas, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

2)

Towers shall be set back from planned public rights-of-way as shown on the Township's Master Plan by a minimum distance equal to the height of the tower including all antennas and attachments.

3)

Towers shall not be located between a principal structure and a public street, with the following exceptions:

a)

In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.

b)

On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

4)

Tower setback may be reduced or its location in relation to a public street varied, at the discretion of the Township Planning Commission to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standards, power line support device, or similar structure.

5)

Towers and associated structures, including fencing, may not be constructed within five hundred (500') feet of a dwelling unit, except where they are being collocated on existing towers or structures.

g.

Tower Height: In all zoning districts, the maximum height of any tower, including antennas and other attachments, shall not exceed 200' except as granted by the Zoning Board of Appeals.

h.

Tower Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

i.

Signs and Advertising: The use of any portion of a tower for signs or other forms of advertising other than warning or equipment information signs are prohibited.

j.

Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers or portions of towers shall be removed as follows:

1)

All abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower and associated facilities is not removed within twelve (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the Township and the costs of removal assessed against the property.

2)

Unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special use permit.

k.

Interference with Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. The Planning Commission may request an intermodulation study which provides a technical evaluation of existing and proposed transmission and indicates all potential interference problems. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the Township at least ten calendar days in advance of such changes and allow the Township to monitor interference levels during the testing process.

l.

Site Plan Submission Requirements

1)

General Filing Requirements

a)

Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants.

b)

Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.

c)

Original signatures for the applicant and all co-applicants applying for the Special Permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photo reproductions of signatures will not be accepted.

2)

Location Filing Requirements

a)

Identify the subject property by including the Town as well as the name of the locality, name of the nearest road or roads, and street address, if any.

b)

Tax map and parcel number of subject property.

c)

Zoning district designation for the subject parcel.

d)

A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.

3)

Siting Filing Requirements

a)

A one-inch-equals-40 feet vicinity plan showing the following:

i.

Property lines for the subject property.

ii.

Property lines of all properties adjacent to the subject property within 300 feet.

iii.

Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.

iv.

Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet.

v.

Proposed location of antenna, mount and equipment shelter(s).

vi.

Proposed security barrier, indicating type and extent as well as point of controlled entry.

vii.

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the personal wireless service facility.

viii.

Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.

ix.

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

x.

Representations, dimensioned and scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.

b)

Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:

i.

Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.

ii.

Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.

iii.

Any and all structures on the subject property.

iv.

Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.

4)

Design Filing Requirements

a)

Equipment brochures for the proposed personal wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

b)

Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.

c)

Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.

d)

Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.

e)

If lighting of the site is proposed, the applicant shall submit manufacturers computer generated point to point printout, indicating the horizontal foot candle levels at grade, within the property to be developed and twenty-five (25') feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed.

5)

Radio Frequency Radiation (RFR) Filing Requirements. The Planning Commission reserves the right to request RFR requirements in the form of a certification that the following studies have been completed.

The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility, for the following situations:

a)

Existing, or ambient: the measurements of existing RFR.

b)

Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless service facility plus the existing RFR environment.

c)

Certification, signed by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio Frequency Radiation Standards sub-section of this Bylaw.

In all cases the applicant shall provide a letter from emergency service providers within the coverage area of the proposed facility stating that emergency services will not be adversely impacted by the proposed facility.

(Ord. No. 15-Z-07, § 3, 2-1-2016, eff. 2-9-2016; Ord. No. 16-Z-01, § 1, 4-4-2016, eff. 4-14-2016)

a.

Authorization: Because funeral homes and mortuaries perform special and necessary services to urban populations and in recognition of the unique locational and site development characteristics of these functions, such uses of land may be authorized by special use permit within requirements states and the additional requirements of this section can be complied with.

b.

Uses That May Be Permitted: Funeral homes, undertaking parlors and mortuaries, provided that the conduct of all aspects of activities related to such uses shall take place within the principal building and not in an accessory building. A caretaker's residence may be provided within the principal building.

c.

Development Requirements: The following requirements for site development, together with any other applicable requirements of this Ordinance shall be complied with:

1)

Minimum Site Size: One (1) acre site with a minimum width of one hundred fifty (150') feet.

2)

Site Location: The proposed site shall front upon a major or minor arterial or principal collector as classified on the adopted street plan. All ingress and egress to the site shall be directly from said thoroughfare.

3)

Yards: Front, side and rear yards shall have a minimum of forty (40') feet except on those sides adjacent to nonresidential districts wherein they shall have a minimum of twenty (20') feet. All yards shall be appropriately landscaped in trees, shrubs and grass. No structures or parking areas shall be permitted in said yards, except that rear yards may be used for parking purposes under the requirements specified and except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.

(Ord. No. 14-Z-01, § 1, 4-7-2014, eff. 5-9-2014)

a.

The gross area used principally for storage, warehousing or distribution does not exceed five thousand (5,000) square feet.

b.

The site is not adjacent to an existing residential development or an R-1, R-2 or R-3 zoning district.

c.

The proposed use is designed, constructed, operated and maintained in harmony with adjacent land uses or zoning districts.

(Ord. No. 14-Z-01, § 1, 4-7-2014, eff. 5-9-2014)

a.

Non-motorized tracks such as but not limited to horse tracks, BMX bike tracks, etc. shall meet the following minimum standards:

1)

Must be located a minimum of fifty (50') feet from the property line.

2)

Must be located a minimum one thousand (1,000') feet from any residence, except that of the owner.

3)

Provisions must be provided for adequate dust control.

4)

Exterior lighting shall be so arranged that it is deflected away from adjoining properties and/or streets. Lighting shall be equipped with shields and reflectors so that it does not spread excessively.

b.

Motorized tracks such as but not limited to dirt bike, go-cart, snowmobile and/or all-terrain vehicles shall meet the following minimum standards:

1)

Parcel must contain a minimum of five (5) acres.

2)

Must be located a minimum of one hundred (100') feet from the property line.

3)

Established riding area for the track is to be located no closer than three hundred (300') feet of a building occupied by humans or livestock.

4)

Property shall be enclosed for the entire use on the site from their full periphery with a solid screen fence at least eight (8') feet in height. Fences shall be of sound construction, painted and otherwise finished attractively and inconspicuously.

5)

Dust control measures are to be maintained by the property owner or occupant.

6)

Noise control measures are to be maintained by the property owner or occupant. Sound generated by the track shall not exceed a maximum value of 69 dBA at any point on the property line.

7)

Exterior lighting shall be so arranged that it is deflected away from adjoining properties and/or streets. Lighting shall be equipped with shields and reflectors so that it does not spread excessively.

8)

The property owner or occupant shall not permit the accumulation of junk on the property including but not limited to tires, motor vehicle parts, barrels, drums or used equipment and shall collect, contain and promptly and properly dispose of all trash, garbage and junk originating on the site.

9)

The Planning Commission shall have the right to regulate days and hours of operation.

(Ord. No. 13-Z-03, § 1, 10-7-2013, eff. 11-15-2013)

Editor's note— Ord. No. 13-Z-03, § 1, adopted Oct. 7, 2013, set out provisions intended for use as § 18.35. At the editor's discretion, to prevent duplication of section numbers, these provisions have been included as § 18.37.

a.

The following provisions of State law are hereby incorporated by reference and made a part of this Ordinance as if each word, paragraph, and part thereof were recited herein:

MCL 460.1013 as amended by 2016 PA 342 and

MCL 460.1221 being 2023 PA 233 et seq.

b.

All renewable energy systems and facilities covered by 2023 PA 233 shall follow the developmental standards for site plan review contained in the Zoning Regulations.

c.

Energy storage facilities shall be permitted in the Manufacturing District subject to the site plan review developmental standards therein.

(Ord. No. 24-Z-03, § 1, 3-3-2025)