Consistent with the letter and spirit of Act No. 344 of the Public Acts of 1945 (MCL 125.71 et seq.), as amended, it is the purpose of this article to prevent, reduce or eliminate blight or potential blight in the township by the prevention or elimination of certain environmental causes of blight or blighting factors which exist or which may in the future exist in the township.

(Ord. No. 53A, § 1, 3-15-71; Ord. No. 53A-D, § 1, 3-19-07)

The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:

Firewood means any lumber, timber, trees, branches, stumps or wood byproducts intended to be burned, typically for generating heat or steam.

Illness means any disease or abnormal condition or disorder, which does or could threaten or afflict the health, safety and welfare of the public, including but not limited to such illnesses as Avian Influenza, Chronic Wasting disease, Lyme disease, Rabies, Tuberculosis and West Nile Virus or any other scientifically recognized disease, abnormal condition or disorder.

Nuisance means an interference with the public's or a person's health, safety and welfare or the quiet enjoyment of his or her property.

Parking lot means all areas set aside or designed for the parking of motor vehicles or the loading and unloading of motor vehicles, and includes driveways and all supplementary areas.

Private means not open to the public and intended for the use of the resident or his or her immediate family and guests.

Proprietor means every owner, lessee, tenant or other person having right to possession of all or part of any buildings or grounds covered under this article. Where there is more than one (1) such person, all shall be jointly and severally obligated by the terms of this article.

Public means open to members of the public and intended for the use of the public, regardless if such use is free of charge or paid for.

Stagnant water means any standing, stale, disused or non-flowing water, whether trapped in human artifacts or natural containers, such as discarded bird baths, buckets, cans, faucets, gutters, plant pots, swimming pools, tires, roots, tree trunks or leaf sheaths, that promotes or has the potential of promoting illness and the spread thereof.

Swimming pool means any outdoor artificially constructed pool, located either above or below ground, built-in or removable, intended for swimming, wading or bathing, having a depth of two feet or more at any point. This includes private and public swimming pools and small rubber or plastic baby wading pools.

Unsanitary means any condition that is unhealthy or unhealthful and tending to harbor or spread illness or disease.

(Ord. No. 53A, § 5, 3-15-71; Ord. No. 53A-D, § 1, 3-19-07)

Cross reference— Definitions and rules of construction generally, § 1-2.

It is hereby determined that the following uses, structures and activities are causes of blight or blighting factors which, if allowed to exist, will tend to result in blighted and undesired neighborhoods. No person shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the township owned, leased, rented or occupied by such persons:

(1)

Junk vehicles. The storage upon any property of junk vehicles except in a completely enclosed building. For the purpose of this article the term "junk vehicles" shall include any motor vehicle which is not licensed for use upon the highways of the state for a period in excess of thirty (30) days and shall also include, whether so licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of thirty (30) days.

(2)

Building materials. Except as otherwise stated herein, the storage upon any property of building materials unless there is in force a valid building permit issued by the township for construction upon the property and the materials are intended for use in connection with such construction. Building materials shall include but shall not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws or any other materials used in constructing any structure. Notwithstanding the forgoing, if the building materials are stored outside upon private property, based upon a valid building permit, for a period in excess of sixty (60) days, such building materials shall: (i) be stored not lower than eighteen (18) inches above the ground; (ii) placed not closer than two (2) feet from any property line; (iii) stacked in an neat and orderly manner; (iv) not be rotted or otherwise deteriorated; and (v) not be infested with insects or harboring animals.

(3)

Junk, trash and rubbish. The storage or accumulation of junk, rubbish or refuse of any kind, except as provided herein. The term "junk" shall include parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other materials or other cast-off materials of any kind whether or not the same could be put to any reasonable use. On properties used for single-residential purposes, domestic refuse originating from such premises may be stored in such a manner as not to create a nuisance for a period not to exceed thirty (30) days. The refuse shall be stored in suitable containers so as to protect it from wind, rain and animals and shall be shielded from view of adjacent areas except when placed at the property line for removal on the day of removal. The proprietor of the premises shall provide for removal of all domestic refuse at least every thirty (30) days and more often if necessary to prevent the creation of a nuisance. In any area used for business or multiple-residential purposes, domestic refuse originating on such premises may be stored for a period not to exceed ten (10) days in such a manner as not to create a nuisance. The refuse shall be stored in appropriate watertight, commercial-type containers, shielded from view of adjacent areas. The proprietor shall provide for weekly removal of all waste, trash, rubbish or refuse of all kinds and more often if necessary to prevent the creation of a nuisance. The proprietor of business or multiple-residential premises shall keep the premises, including parking lots and rights-of-way adjoining the premises, free of junk, trash, rubbish, debris or refuse of any kind and shall provide containers for discards for public use.

(4)

Damaged buildings. The existence of any structure or part of structure which because of fire, wind or other natural disaster or physical deterioration is no longer habitable as a dwelling, nor useful for any other purpose for which it may have been intended.

(5)

Vacant buildings. The existence of any vacant building not kept securely locked, windows kept glazed, or neatly boarded up and otherwise protected to prevent entrance thereto by vandals.

(6)

Incomplete structures. The existence of any partially completed structure is a cause of blight or blighting factor unless such structure is in the course of construction in accordance with a valid and existing building permit issued by the township, the structure and property are being properly maintained, and the construction is continuing and completed within the time prescribed by the building permit and applicable rules and regulations.

(7)

Swimming pools. Any and all private or public swimming pools and pool equipment that contributes to health, safety or welfare hazards or constitutes a nuisance, unsanitary condition, cause of illness or potential cause of illness, shall be abated, removed or repaired.

(8)

Stagnant water. Any and all stagnant water that contributes to health, safety or welfare hazards or constitutes a nuisance, unsanitary condition, cause of illness or potential cause of illness, shall be abated, removed or drained.

(9)

Firewood. Any and all firewood stored outside and upon any property unless said firewood (i) is stored not lower than eighteen (18) inches above the ground; (ii) is placed not closer than two (2) feet from any property line; (iii) is stacked in a neat or orderly manner; (iv) is stacked with dimensions not exceeding five (5) feet in width, five (5) feet in height, and fifty (50) feet in length; (v) is not rotted or otherwise deteriorated; and (vi) is not infested with insects or harboring animals.

(Ord. No. 53A, § 2, 3-15-71; Ord. No. 53A-A, 2-4-74; Ord. No. 53A-B, 7-21-80; Ord. No. 53A-D, § 1, 3-19-07)

The causes of blight or blighting factors set forth in section 10-18 shall not be determined to be causes of blight or blighting factors and subject to the prohibitions of this article if such uses of property are incidental to and necessary for the carrying out of any business or occupation lawfully being carried on upon the property in question.

(Ord. No. 53A, § 3, 3-15-71; Ord. No. 53A-D, § 1, 3-19-07)

(a)

This article shall be enforced by such persons who shall be so designated by the township board.

(b)

The owner, if possible, and the occupant of any property upon which any of the causes of blight or blighting factors set forth in section 10-18 is found to exist shall be notified in writing to remove or eliminate such causes of blight or blighting factors from such property within seventy-two (72) hours after service of the notice upon him or her. Such notice may be served by posting at the property, or by personal service or refusal, or on the first day after mailing by first class U.S. mail to the property and to the owner or occupant's last known address, if different from the property. The enforcement officer may grant additional time where bona fide efforts to remove or eliminate such causes of blight or blighting factors are in progress.

(c)

Failure of owner or occupant to comply with such notice within the time allowed by the township shall constitute a violation punishable as a municipal civil infraction pursuant to chapter 1, section 1-10 of the Township Code. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense pursuant to chapter 1, section 1-10 of the Township Code.

(d)

Reserved.

(e)

When any condition constitutes an immediate hazard to the health, safety and welfare of the public, and where the delay of notification would serve to further endanger the public, the township may enter upon the buildings or grounds, without notification to the owner or occupant as provided for in subsection 10-20(b), and perform the work required to abate, remove, repair or drain the condition. Further, the cost thereof, including reasonable attorney fees, if any, shall be paid by the owner and/or occupant of, and be secured by a lien on the property, and if not paid within thirty (30) days from the date of the township's billing statement, may be assessed against the property by placement on the tax roll for collection in the same manner and subject to the same interest and penalties applicable to delinquent special assessments, including a penalty of one (1) percent added for each month or portion of a month on the amount that is unpaid until September 1, when the unpaid amount is reported to the township board for placement on the tax roll and an additional six (6) percent penalty of the unpaid amount and foregoing penalties added as of September 1, upon the township board certifying the amounts for collection on the tax roll.

(Ord. No. 53A, § 4, 3-15-71; Ord. No. 53A-A, 2-4-74; Ord. No. 53A-C, 3-21-83; Ord. No. 53A-D, § 1, 3-19-07; Ord. No. 53-A-E, § 1, 5-12-08; Ord. No. C-785, § 1, 11-18-13; C-841, § 2.A, 2-24-25)

(a)

Establishment of escrow.

(1)

When a request is made to the township for the establishment of a special assessment district, the person or persons making the request shall establish a cash escrow with the township treasurer.

(2)

The amount of the escrow shall be five hundred dollars ($500.00) for projects involving contemplated special assessment districts including up to three hundred (300) properties. For each fifty (50) additional properties in excess of three hundred (300), the amount of the escrow shall increase by fifty dollars ($50.00).

(b)

Disbursement of funds.

In the event the special assessment district is ultimately established by the adoption of a resolution confirming a special assessment roll, the costs and expenses secured by the escrow shall be paid from the proceeds recovered from the special assessment. In such case, the full amount of the escrow shall be returned to the person or persons posting such cash. If, however, the special assessment is not established within three (3) years of the date the escrow is created, or if the township board determines by vote not to create the special assessment district prior to the end of such three-year period, the monies placed in escrow shall be transferred to the general fund to reimburse the township for expenses incurred in preparing a rough project plan and cost estimate, and providing notices to potential special assessment district properties, provided, however, if petitions are circulated in accordance with section 10-52 below, and contain the requisite signatures required under section 10-53 below, and the township board votes not to create the special assessment district, the board may, in its discretion, determine to return all or a portion of the escrowed monies.

(Ord. No. 604, § 1, 4-23-01)

(a)

Attempt to secure response.

(1)

The circulator(s) of petitions seeking the establishment of a special assessment district shall attempt to secure, and maintain a record of, an affirmative or negative response from the owner of each property within the special assessment district. The affirmative responses shall be represented as signatures on the petition filed with the township. The negative responses shall be shown on a list filed with the township along with the petitions.

(2)

If there are owners of properties who could not be contacted following at least two (2) attempts made during reasonable hours, an affidavit shall be filed with the petitions identifying those properties for which neither a negative or positive response has been received, and indicating at least two (2) dates and times on which efforts were made to make personal contact at the properties of such owners.

(Ord. No. 604, § 1, 4-23-01)

As a condition to the township clerk placing a request for the establishment of a special assessment district on the agenda of the township board, the petition filed with the township shall represent sixty (60) percent of the owners of the property, measured as follows:

(1)

Sixty (60) percent of the total number of owners of properties within the special assessment district; and

(2)

Sixty (60) percent of the total frontage upon a road, bicycle path or sidewalk if such improvements are requested, or two-thirds (⅔) of the total land area in the proposed special assessment district.

(Ord. No. 604, § 1, 4-23-01)

This chapter is intended to impose restrictions and conditions on all collection boxes in the township to promote public health, safety and welfare; ensure that collection boxes are, and remain, clean and safe; do not create a hazard to pedestrians and/or vehicular traffic; and do not become a source of blight or contribute to blighted conditions.

(Ord. No. C-817, 12-2-19)

The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:

Collection box means any metal container, receptacle, or similar object that is located on any parcel or lot of record within the township and that is used for soliciting and/or collecting clothing, household items or other personal property. This term applies to all such containers regardless of whether the solicitation of property is made by a for-profit or non-profit entity. This term does not include recycle bins for the collection of recyclable material, any rubbish or garbage receptacle or any collection box located within an enclosed building.

Director means the development services director, or a designee of the development services director, as that department title may be amended from time to time.

Operator means a person who owns, operates or otherwise is in control of collection boxes to solicit collections of salvageable personal property.

Permittee means a person over eighteen (18) years of age or an entity or that is issued a permit authorizing placement of a collection box on real property.

Property owner means a person or entity that is an owner of real property where a collection box is located.

Real property or property means a lot of record located in the Charter Township of West Bloomfield.

Township means the Charter Township of West Bloomfield.

(Ord. No. C-817, 12-2-19)

No later than ninety (90) days from the effective date of this section, no person shall place, operate, maintain or allow any collection box on any real property in the township without first obtaining from the development services department an annual permit to locate a collection box.

(Ord. No. C-817, 12-2-19)

(a)

Any person desiring to secure a permit shall make an application to the development services department.

(b)

A permit shall be obtained for each collection box proposed. A separate application shall be required and a separate fee shall be paid for each collection box.

(c)

The application for a permit shall be upon a form provided by the development services department and shall contain the following information:

(1)

If the applicant is an individual, the name, address, telephone number, and email address of the applicant. If the applicant is a business entity, then the application shall contain the following information:

a.

If the applicant is a partnership, then the application shall contain the date the partnership was established; and the name (including aliases), address(es), telephone number(s), and email address(es) of all general and limited partners, and of any person with a direct financial interest in the ownership and/or operation of the business.

b.

If the applicant is a limited liability company (LLC), then the application shall contain the date the LLC was established; and the name (including aliases), address(es), telephone number(s), and email address(es) of all members of the LLC and of any person with a direct financial interest in the ownership and/or operation of the business.

c.

If the applicant is a non-publicly traded corporation, then the application shall contain the date the corporation was established; and the name (including aliases), address(es), telephone number(s), and email address(es) of all officers and directors of the corporation; all stockholders owning more than five (5) percent of the stock in the corporation; and any other person with a direct financial interest in the ownership and/or operation of the corporation; and the date the corporation was established.

(2)

The name, address, telephone number(s) and email address(es) of a contact person for all matters relating to applicant's collection box located in the township.

(3)

A statement as to whether the applicant has previously received a permit to locate a collection box in the township; or whether the applicant operates a collection box or similar type receptacle without a permit in the township.

(4)

The physical address of the real property where the collection box is proposed to be located.

(5)

A scaled drawing sufficient to illustrate the proposed location of the collection box on the real property, the dimensions of the proposed collection box and a statement that the location complies with the requirements of section 10-204.

(6)

The signature of the individual applicant or, if the applicant is a business or corporation, the signature of an officer, director, member or manager of the business or corporation.

(d)

If the applicant is not the owner of the real property where the collection box is proposed to be placed, then the applicant must attach to the application an affidavit and acknowledgment of property owner. The affidavit and acknowledgement is a form to be obtained from the director to which a copy of this section of the ordinance is attached. By signing the affidavit and acknowledgement, the property owner is providing written permission for the placement of the collection box on the property and acknowledging receipt of a copy of this section of the ordinance. For purposes of this division, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.

(e)

At the time of application, the applicant must submit a nonrefundable application fee in an amount established by resolution of township board.

(f)

Within ten (10) days of receiving a completed application for a permit, the development services director or his/her designee shall notify the applicant whether the permit is granted or denied.

(g)

A permit shall be issued by the township if the requirements of this section are satisfied.

(h)

If an application is denied, then the specific reason(s) for the denial shall be stated in writing.

(i)

Upon approval of a permit application, the township shall provide a permittee with one (1) permit sticker for each approved container. The sticker shall display the township's seal, a permit number, and an expiration date. The size of the sticker shall be four (4) inches by four (4) inches. The color of the sticker shall be the same color that the Department of State uses for motor vehicle registration decals for that year. The permittee shall place the sticker in a conspicuous place on the front panel of the collection box. On request of the permittee, the township shall provide a replacement sticker for a fee of ten dollars ($10.00) if the original sticker is damaged or lost.

(j)

No person to whom a permit has been issued shall transfer, assign or convey such permit to another person or legal entity.

(Ord. No. C-817, 12-2-19)

(a)

Collection boxes shall not be permitted on any land used or zoned for residential purposes.

(b)

Collection boxes shall not be permitted on any vacant or unimproved parcel; or on a parcel of land whose principal use has not been utilized for a period of thirty (30) days or more.

(c)

Collection boxes shall meet the following requirements:

(1)

Collection boxes may not exceed seven (7) feet in height, six (6) feet in width, and six (6) feet in depth.

(2)

Collection boxes may not cause a visual obstruction to vehicular and/or pedestrian traffic.

(3)

Collection boxes may not be placed closer than ten (10) feet from any of the following:

a.

A public or private sidewalk except that this provision does not apply to a private sidewalk that maintains a five-foot clearance;

b.

A public right-of-way;

c.

A driveway; or

d.

A side or rear property line of adjacent property used for residential purposes.

Notwithstanding this separation requirement, up to two (2) collection boxes on a single lot of record are permitted if the collection boxes are located side by side and are no more than one (1) foot apart and are owned by the same permittee.

(4)

Collection boxes may not cause safety hazards with regard to a designated fire lane or building exit.

(5)

Collection boxes may not interfere with an access drive, off-street parking lot maneuvering lane and/or required off-street parking space to an extent which would cause safety hazards and/or unnecessary inconvenience to vehicular and/or pedestrian traffic.

(6)

Collection boxes may not encroach upon an access drive, off-street parking lot maneuvering lane and/or required off-street parking space.

(7)

Collection boxes shall be placed on an asphalt or concrete paved, dust-free surface.

(8)

Collection boxes shall not be placed in any front yard, and shall only be located in the rear or side yard, but not within any required setback. In the case of a corner lot or double frontage lot, the side or rear yard abutting the street shall be considered a front yard for the purposes of this section.

(Ord. No. C-817, 12-2-19)

(a)

A permittee shall operate and maintain, or cause to be operated and maintained, all collection boxes located in the township for which the permittee has been granted a permit as follows:

(1)

Collection boxes shall be metal and shall be maintained in good condition and appearance with no structural damage, holes or visible rust; and shall be free of graffiti.

(2)

Collection boxes shall be locked or otherwise secured in such a manner that the contents cannot be accessed by anyone other than those responsible for the retrieval of the contents.

(b)

Collection boxes shall have printed on them in letters at least one and one-half (1½) inches in height and visible from the front of each collection box, the following information:

(1)

The name, address, telephone number, email address, and website of the operator;

(2)

A statement as to whether the collection box is owned and operated by a for-profit company or a nonprofit company.

(c)

Collection boxes shall not have information, advertising or logos other than those relating to the operator.

(d)

Collection boxes shall be serviced and emptied as needed, but at least every thirty (30) days.

(e)

The permittee and property owner shall maintain, or cause to be maintained, the area immediately surrounding the collection box free from any junk, debris, overflow items or other material. The property owner shall be responsible to the extent provided by law for the township's cost to abate any nuisance, including costs associated with the removal of any junk, debris, overflow items or other materials deemed to constitute a nuisance. All costs material incurred by the township or the township's contractor associated with the removal of junk, debris, overflow items or other material shall be the responsibility of the permittee and property owner. If such obligation is not paid within thirty (30) days after mailing of a billing of costs to the permittee and property owner, the township may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected in the same manner as the collection of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the township, the amount shall be assessed as a special tax against such premises and collected thereunder.

(Ord. No. C-817, 12-2-19)

(a)

The permit year shall begin on January 1 in each year and shall terminate on December 31 of the year it was issued.

(b)

A collection box permit shall be renewed annually. The application for renewal must be filed not later than thirty (30) days before the permit expires. The application for renewal shall be upon a form provided by the development services director.

(c)

The application for renewal shall be approved or denied within ten (10) days of the township's receipt of a complete renewal application and payment of the permit renewal fee. Failure of the township to act on the renewal application before expiration of a current permit shall constitute approval of the application and renewal of the permit.

(d)

The permit renewal fee in an amount set by resolution of the township board shall be submitted with the application for renewal.

(e)

Prior to expiration of a current permit, a permittee may voluntarily cancel the permit by notifying the development services director in writing of the intent to cancel the permit. The permit shall become void upon the director's receipt of a written notice of intent to cancel the permit. There shall be no refund of any portion of the application fee or permit fee upon the voluntary cancellation of the permit by permittee.

(f)

The township shall approve an application for renewal of a permit if the development services director finds that no circumstances existed during the term of the current permit which would cause a violation to exist; and that at the time of submission of the application for renewal or at any time during the pendency of the current permit, there were no circumstances inconsistent with any finding required for approval of a new permit. Any permittee whose permit has been revoked shall be denied renewal of the permit for the subsequent calendar year.

(g)

If a permit expires and is not renewed, the collection box must be removed from the real property within ten (10) days from the expiration of the permit.

(Ord. No. C-817, 12-2-19)

(1)

The development services director shall have the right to revoke any permit issued hereunder for a violation of this article. Any of the grounds upon which the director may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this article or other law shall also constitute grounds for revocation of the permit. The director shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. The notice shall allow a maximum of ten (10) days from mailing of the notice to correct or abate the violation. Upon failure to make the correction or abatement, the permit shall be revoked by the director and, thereafter, the permittee shall not be eligible for a permit on the property for the remainder of the current calendar year and the subsequent calendar year. There shall be no refund of any portion of the application fee or permit fee upon the revocation of the permit.

(2)

Upon revocation or failure to obtain a permit, the collection box shall be removed from the real property within ten (10) days. If the collection box is not removed within ten (10) days from the date of revocation of the permit or a permit has not been obtained, then the township may remove, store or dispose of the collection box at the expense of the permittee and real property owner. All costs associated with the removal of the collection box incurred by the township and/or the township's contractor shall be the responsibility of the permittee and property owner. If such obligation is not paid within thirty (30) days after mailing of a billing of costs to the permittee and property owner, the township may place a lien upon such real property enforceable as a tax lien in the manner prescribed by the general laws of this state against the property and collected in the same manner as the collection of general property tax. If the same is not paid prior to the preparation of the next assessment roll of the township, the amount shall be assessed as a special tax against such premises and collected thereunder.

(3)

A permit for a collection box may be revoked if any governmental authority or agency determines that the collection box has violated the Michigan Consumer Protection Act and/or the Charitable Organizations and Solicitations Act.

(Ord. No. C-817, 12-2-19; Ord. No. C-817-A, 4-6-20)

Any person aggrieved by the decision rendered by the development services director in granting or denying an application for a collection box permit under this section or in revoking a collection box permit issued under this section may appeal the decision to the zoning board of appeals. The appeal shall be made by filing a written notice of appeal not later than ten (10) days after receiving notice of the denial by the development services director with the zoning board of appeals setting forth the grounds for the appeal.

(Ord. No. C-817, 12-2-19)

(1)

In addition to revocation of permit pursuant to section 10-207, any person violating the provisions of this section is responsible for a municipal civil infraction subjecting persons found responsible for violations to the following:

(a)

Fines plus costs and the sanctions, remedies and procedures as set forth in section 1-10 of this Code for Municipal Civil Infractions, with the provision that each day is a separate offense specifically applicable to all violations of this article, and

(b)

The fine for a first offense shall be one hundred fifty dollars ($150.00). The fine for all other violations shall be three hundred dollars ($300.00).

(2)

In addition to the penalty provided in section 10-209(1) above, any condition caused or permitted to exist in violation of the provisions of this section or any township ordinance provision shall be deemed a new and separate offense for each day that such condition continues to exist.

(3)

Nothing in this section shall prevent the township from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this section for violation of this section.

(4)

The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

(5)

No fines shall be imposed for a violation of this section until ninety (90) days after the effective date of this article. Within thirty (30) days following the effective date of this article, all property owners where collection boxes are located and/or owners of any collection box(es) existing on said property shall apply for a permit as required herein. Any collection box(es) not in compliance with this section after ninety (90) days of the effective date of the ordinance from which this article is derived shall be subject to all remedies for violation as provided herein.

(Ord. No. C-817, 12-2-19; Ord. No. C-817-A, 4-6-20; C-841, § 2.D, 2-24-25)

If any provision of this article is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

(Ord. No. C-817, 12-2-19)

(a)

Off-site storage. The township encourages the storage of boats and watercraft off-site in order to minimize the impact upon community development and to prevent the creation of blight. This division permits limited outdoor storage for residential properties that 1) have frontage on a navigable watercourse; or 2) are located within a subdivision with officially recognized access to a navigable watercourse for boating purposes and has received township approval for off-season outdoor storage of boats and watercraft.

(b)

On-site storage. This division limits permissible off-season outdoor storage to 1) lake-related recreational items on residential lots that have frontage on a navigable watercourse; and 2) outdoor storage of boats and watercraft on residential lots that are located within a subdivision with officially recognized access to a navigable watercourse for boating purposes and has received township approval for off-season outdoor storage of boats and watercraft.

(c)

Vacant lots. In any subdivision, outdoor storage on vacant single family lots is prohibited.

(Ord. No. C-483-D, § 3, 5-13-19)

(a)

This article shall be administered by the township planning commission, as it may be modified from time-to-time.

(b)

As used in this ordinance, the following terms shall be defined as follows.

Boats and watercraft means vessels designed for navigation on water and shall include any boat, canoe, catamaran, dinghy, personal watercraft, or similar vessel.

Floating swim platform means non-inflatable lake floats including floating islands, floating platforms, floating docks, swim rafts or other non-inflatable floatation devices.

Items used for recreational purposes in connection with a watercourse includes boats and watercraft, floating swim platforms, waterfront equipment, and watercraft trailers.

Navigable watercourse means any waterway or other body of water having well-defined banks including rivers, streams, creeks, brooks, lakes, and ponds as shown on the official township watercourse and wetland map, and the flood boundary-floodway map and flood insurance map that is deep enough, wide enough and safe enough for a boat to traverse.

Off-season outdoor storage means storage from November 1 to March 31.

Subdivision approval means approval granted by the planning commission pursuant to section 10-104 for subdivision-wide off-season storage of boats and watercraft on residential lots with an occupied single family dwelling within the specified subdivision.

Waterfront equipment means docks, boat lifts, boat hoists, and floating swim platforms.

Watercraft trailer means a vehicle without motive power designed to be drawn by a motor vehicle and used for carrying boats and watercraft.

(Ord. No. C-483-D, § 3, 5-13-19)

(a)

Boats and watercraft. The property owner or tenant of a lot abutting a navigable watercourse with an occupied single family residence shall, without the necessity of petition, be allowed to store not more than two (2) of the following: boats and watercraft, together with their trailers, owned by the property owner or tenant. The off-season storage shall comply with the following regulations:

(1)

Front (lake) yard. Boat, watercraft, and watercraft trailer storage may be in the front (lake) yard and must be entirely within the lot.

(2)

Side yard. Where storage is not possible under subsection 1, boat, watercraft, and watercraft trailer storage may be in the side yard, but not within the minimum side yard setback as prescribed in the zoning ordinance for the district in which the property is located.

(3)

Rear (road) yard. Where storage is not possible under subsections (1) or (2), boat, watercraft, and watercraft trailer storage may be in the rear (road) yard and shall:

a.

Be located entirely within the lot; and

b.

Be at least ten (10) feet from the edge of the right-of-way on the road side of the lot.

(b)

Waterfront equipment. The property owner or tenant of a lot abutting a navigable watercourse with an occupied single family residence shall be allowed off-season outdoor storage of the property owner or tenant's own docks, boat lifts, boat hoists, and floating swim platforms in the front (lake) yard only.

(Ord. No. C-483-D, § 3, 5-13-19)

(a)

Administration. This section shall be administered by the township planning commission.

(b)

Petition. The property owners of all developed residential lots within a subdivision having township approved or officially recognized access to a navigable watercourse for boating purposes, may petition the planning commission for subdivision-wide approval to permit off-season outdoor storage of their boats and watercraft on their lot in conformance with the regulations of this section. The petition shall comply with the following procedures:

(1)

Meeting. Prior to filing a petition with the planning commission for subdivision-approved off-season outdoor storage of boats and watercraft, a meeting of subdivision residents shall be held to discuss the residents' proposal to permit subdivision-wide outdoor storage of boats and watercraft on residential property with an occupied single family dwelling. At least seven (7) days' advanced written notice of the meeting shall be provided to each resident within the subdivision. The meeting shall be attended and facilitated by an independent person trained in conflict resolution who is not a resident of or a property owner in the petitioning subdivision. Proof of compliance with this provision shall be submitted with the petition.

(2)

Petition. To be eligible for planning commission consideration, a petition for subdivision-approved off-season outdoor storage of boats and watercraft must be signed in the affirmative by at least sixty (60) percent of the homeowners within the subdivision. The circulator(s) of the petition shall attempt to secure a response from the owner of each property within the subdivision, and shall maintain a record thereof. The affirmative responses shall be represented as signatures on the petition; the negative responses shall be shown on an accompanying list and both shall be filed with the planning commission. If there are owners of properties who could not be contacted following at least two (2) attempts made during reasonable hours, an affidavit shall be filed with the petitions identifying those properties for which neither a negative nor a positive response has been received, and shall indicate the two (2) dates and times on which efforts were made to achieve personal contact with the owners of each of the properties.

(3)

Additional information. The following information shall also be provided with the petition: name, address and phone number of the contact for the applicant subdivision; name of the subdivision; name, address and phone number of the contact for the homeowners association; proof of township approved or officially recognized access to a navigable watercourse for boating purposes; and a statement regarding whether there are any restrictions of record which prohibit the off-season outdoor storage of boats and watercraft outside an enclosed structure.

(4)

Public hearing. Upon receipt of a complete petition for subdivision-approved outdoor storage of boats and watercraft, which includes all required documents and materials as specified above, the planning commission shall hold a public hearing on the petition. Notice of the date and time of hearing shall be provided to all owners of record within the subdivision at least seven (7) days before the date of the hearing.

(5)

Planning commission. The planning commission may approve, deny, or approve with conditions the petition. Approval of the petition for subdivision-approved off-season outdoor storage of boats and watercraft shall require a finding by the planning commission that the applicants have demonstrated 1) township approved or officially recognized access to a navigable watercourse for boating purposes; and 2) the required support within the subdivision for subdivision-wide off-season outdoor storage of boats and watercraft. The planning commission shall take into consideration the area and/or width of lot(s), and the lack of reasonably available alternatives to off-season outdoor storage of boats and watercraft. In the event that the planning commission determines subdivision relief is warranted, the planning commission shall apply the following regulations together with any conditions that it may impose:

a.

Boat and watercraft. Lots with an occupied single family residence shall be limited to not more than two (2) owner or tenant owned boats and/or watercraft together with their trailers. The approval shall specify the approved locations for storage in the following order of preference:

1.

Rear yard. Off-season boat and watercraft storage in the rear yard is permissible behind the rear building line, and shall not encroach into the required rear or side yard setback.

2.

Side yard. If a demonstrated need is shown for the subdivision, then, off-season boat and watercraft storage may be in the side yard as close to the house as possible, but not within the minimum side yard setback as prescribed in the zoning ordinance for the district in which the subdivision is located.

3.

Front yard. If it is demonstrated that storage is not available as allowed under subsections (1) or (2), then boat, watercraft, and watercraft trailer storage may be in the front (street) yard and shall:

(i)

Be located entirely within the lot; and

(ii)

Be at least ten (10) feet from the edge of the right-of-way on the road side of the lot.

(6)

Appeal. The determination of the planning commission may be appealed to the township board. A written request for appeal shall be submitted to the township clerk within twenty-one (21) days of the date of the meeting at which the planning commission determination is made. The request for appeal shall recite the reasons for the appeal. Notice of the date and time of appeal shall be provided to all owners of record within the subdivision at least seven (7) days before the appeal date. The township board shall review the appeal based upon the record made at the planning commission, and shall reverse the decision if the determination was not lawful or amounted to an abuse of discretion taking into consideration the record as a whole.

(Ord. No. C-483-D, § 3, 5-13-19)

The following regulations apply to all permissible off-season outdoor storage of boats, watercraft, and waterfront equipment on lots abutting a navigable watercourse or on lots with subdivision approval:

(1)

Occupied property. Off-season outdoor storage of lake-related recreational items is limited to 1) residential property; 2) with an occupied single family dwelling; and 3) is limited to items owned or leased by the owner or tenant.

(2)

Vacant or unoccupied property. Outdoor storage of boats, watercraft, or waterfront equipment is prohibited on vacant or unoccupied residential lots.

(3)

Boats, watercraft, and watercraft trailers. Storage of boats, watercraft, and watercraft trailers in the street is prohibited.

(4)

Blocking street or pedestrian path prohibited. Outdoor storage of boats, watercraft, or waterfront equipment as allowed in this division shall not block any street, sidewalk, or pedestrian path, or otherwise interfere with pedestrian travel or street traffic.

(5)

In-season watercraft parking in driveway. From April 1 to October 31, one (1) licensed and operable boat or watercraft may be parked on an established driveway of a single family residential property with an occupied dwelling on 1) lots abutting a navigable watercourse; and 2) lots with subdivision-approval.

(Ord. No. C-483-D, § 3, 5-13-19)

As used in this ordinance, the following terms shall be defined as follows:

Camper enclosure shall mean any structure or enclosure designed for mounting on a pickup truck or truck chassis to provide temporary sleeping or living quarters for recreational, camping, or travel use, including, but not limited to, a slide-in camper or camper cap.

Recreational off-road or recreational all-terrain vehicles are recreational units and shall include, but shall not be limited to three (3) and four (4) wheel off-road and all-terrain vehicles, dirt bikes, golf carts, buggies, or other vehicles not licensed by the State of Michigan for operation on streets and highways.

Recreational vehicle shall mean a vehicular unit which provides either temporary living quarters or transportation of recreational, camping or travel apparatus such as campers. The recreational vehicle may have its own motive power or may be designed to be drawn by a motor vehicle. The term recreational vehicle shall include, but is not limited to, a motor home, a travel trailer, a truck camper, a folding camper trailer, and/or a fifth wheel.

Recreational unit shall mean any recreational vehicle, off-road or all-terrain vehicle, camper enclosure, trailer, or snowmobile. Units used in conjunction with one another such as snowmobiles mounted on a trailer shall be considered one (1) recreational unit.

Recreational trailer shall mean a vehicle without motive power, designed to be drawn by a motor vehicle and used for carrying property including, but not limited to, motorcycles, snowmobiles, off-road vehicles, all-terrain vehicles, recreational units as defined herein, or other equipment for recreational, camping or travel use.

Snowmobiles are recreational units and mean motor driven vehicles designed for travel primarily on snow or ice, and that typically utilize sled type runners or skis, an endless belt tread, or any combination of these.

(Ord. No. C-483-D, § 3, 5-13-19)

(a)

Passenger vehicles. The parking of licensed, operative passenger vehicles including cars, vans, pick-up trucks, sport utility vehicles, and cross-over vehicles is permitted on residential property.

(b)

Non-passenger vehicles. The parking and/or storage of the following non-passenger trucks and vehicles is prohibited on residential property, unless the vehicle is housed entirely within an enclosed structure: delivery, box, flatbed, platform, panel, refrigerator, tow, dump, garbage, stake, and cube trucks; transport vehicles, tractor units, cab forward, semi-tractors with or without trailers; buses and limousines. The parking of non-passenger vehicles used by contractors, service, and delivery persons while servicing a residence are permitted for the time period of the service only.

(c)

Unlicensed or inoperative vehicles. The parking and/or storage of unlicensed or inoperative vehicles on residential property is prohibited unless housed entirely within an enclosed structure.

(d)

Trailers. The parking and/or storage of an open or enclosed trailer is prohibited on residential property unless i) housed entirely within an enclosed structure; or ii) is a watercraft trailer stored in compliance with the provisions of division I of this article. Trailers used by contractors, service, and delivery persons while servicing a residence are permitted for the time period of the service only.

(e)

Equipment. The parking and/or storage of earth moving equipment, landscape equipment, mobile cranes, or construction equipment is prohibited on residential property unless housed entirely within an enclosed structure. Such equipment used by contractors, service, and delivery persons while servicing a residence are permitted for the time period of the service only.

(f)

Seasonal snow removal vehicles. The parking and/or storage of passenger vehicles equipped with snow plows or salt spreaders is permitted on residential property during the time period from November 1 to April 1.

(g)

Merchandise. The outdoor storage of new and/or used merchandise for sale and/or distribution is prohibited on residential property.

(h)

Parking on residential lawns. The parking and/or storage of a motor vehicle or recreational unit on a residential lawn is prohibited, except in accordance with section 10-112(3).

(i)

Vehicle repair. The repair of any vehicle for payment is prohibited on residential property.

(j)

Vehicle parts. The storage of vehicle parts for use in the repair of a vehicle for payment is prohibited on residential property.

(k)

Recreational trailers. Except as permitted in section 10-112, the parking and/or storage of an open or enclosed recreational trailer is prohibited on residential property, unless housed entirely within an enclosed structure.

(Ord. No. C-483-D, § 3, 5-13-19)

The parking and/or storage of recreational units on single family residential property shall comply with the following:

(1)

Vacant property. The parking and/or storage of recreational units on vacant or unoccupied property is prohibited.

(2)

Enclosed structure. A recreational unit may be parked or stored on occupied single family residential property provided the recreational unit is housed entirely within an enclosed structure.

(3)

Unenclosed parking/storage. The unenclosed parking or storage of recreational units is prohibited on single family residential property except as follows:

a.

Non-lakefront property/lots-rear yard only. One (1) recreational unit owned or leased by the property owner or tenant may be stored in the rear yard only of an occupied non-lakefront residential lot provided that the recreational unit is stored in conformity with all the following requirements:

1.

The entire unit is behind the rear building line.

2.

The unit is screened from view of adjacent properties with evergreen plantings, or a fence or a wall not less than the height of the outdoor storage, and which complies with section 26.5.13.5 of the zoning ordinance.

3.

At no time shall any stored recreational vehicle or unit be occupied or be connected to water, electric, or sanitary facilities.

(Ord. No. C-483-D, § 3, 5-13-19)

(a)

Any person found to have violated a provision of this article shall be responsible for a municipal civil infraction as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. The penalty for a first violation of this article shall be a fine in the amount of one hundred fifty dollars ($150.00). The penalty for a second violation and each subsequent violation within any two-year period shall be a fine in the amount of three hundred dollars ($300.00). The respondent shall also be responsible for the costs, damages, and expenses of prosecution and collection as provided in subsection 1-10 of the general penalty provisions of the Code of Ordinances.

(b)

Each provision violated, and each day on which a violation is found to have occurred, shall constitute a separate offense.

(c)

Nothing in this section shall preclude the township from seeking any other further relief in law or equity in any court.

(Ord. No. C-483-D, § 3, 5-13-19; C-841, § 2.B, 2-24-25)

The ordinance codified in this article is adopted pursuant to the powers granted to the Charter Township of West Bloomfield by the Michigan Constitution Article VII and the Charter Township Act, MCL 42.1 et seq., to protect the health, safety and welfare of the public from the known adverse secondary impacts of oil and gas activities on the local community, nearby properties, and environmentally sensitive features of the community such as woodlands, wetlands, groundwater, drinking water, watercourses, floodways and floodplains. The provisions of this article have neither the purpose nor the effect of regulating or controlling the drilling, completion or operation of oil or gas wells or other wells drilled for oil or gas exploration purposes or to regulate the issuance of permits for the location, drilling, completion, operation or abandonment of oil or gas wells; and acknowledges the jurisdiction and authority of the supervisor of wells over the administration and enforcement of the Natural Resources Environmental Protection Act (NREPA), Public Act 451 of 1994, as amended, MCL 324.101 et seq., and matters relating to the prevention of waste and the conservation of oil and gas in this state. However, while the supervisor of wells has jurisdiction and control over persons and things necessary to enforce the NREPA and the prevention of waste and conservation of oil and gas, such grant of authority does not abrogate the power and authority of the township under the Michigan Constitution and statutory authority to protect the public health, safety and welfare and to continue to regulate issues of local concern.

(Ord. No. C-800, § 2, 1-25-16)

(a)

The Charter Township of West Bloomfield is a community with significant environmentally sensitive areas that is a primarily residential, developed, suburban area that is home to twenty-eight (28) lakes, one hundred fifty (150) ponds, more than three thousand five hundred (3,500) acres of protected wetlands, and three (3) major watersheds: the Huron, Clinton, and Rouge River watersheds; and contains unique natural features such as over two thousand five hundred (2,500) acres of protected woodlands, wildlife habitats, walking trails, paths and other environmentally sensitive areas.

(b)

The Charter Township of West Bloomfield has a long-standing tradition of protecting environmentally sensitive areas by being one of the first Michigan communities to adopt and enforce its own wetland protection regulations in 1979, the same year the State of Michigan adopted its Wetland Protection Act; by being one of the first to adopt a woodland protection ordinance to preserve two thousand five hundred (2,500) acres of woodlands in 1989; and has for decades enforced a grading and drainage ordinance, a soil erosion and sedimentation control ordinance, and a stormwater management ordinance protecting sensitive environmental features and wildlife habitats; and by maintaining a fully staffed environmental division that is committed to protect and enhance the natural environment by implementing active programs in resource management, woodland protection, environmental education and planning, soil erosion and sediment control, stormwater management and solid waste management.

(c)

The development of innovative methods of gas and oil exploration and extraction, such as directional drilling and high volume hydraulic fracturing, has resulted in oil and gas development activities appearing in areas that traditionally have not been areas subject to oil and gas activities, such as densely populated, largely residential, suburban townships in Michigan.

(d)

Residents in towns and cities across the nation and in Michigan have experienced the adverse secondary impacts of oil and gas activities where oil and gas development activities have occurred near or adjacent to residential property.

(e)

The adverse secondary impacts of gas and oil exploration and extraction experienced by residents living nearby or adjacent to the oil and gas development activities include obnoxious odors and lights; excessive noise, air, soil and water contamination; contaminated drinking wells; excessive dust, traffic and debris; off pad soil erosion; local road deterioration; and wildlife habitat impacts all adversely affecting the residential quality of life and natural resources of the community.

(f)

Based on recent experiences in Michigan townships, it is recognized that state statutes and regulations do not adequately protect the health, safety and welfare of township residents, local natural resources, and the community from the adverse impacts of oil and gas activities, thereby necessitating local regulation of the secondary impacts by the township under its police powers.

(g)

The state Constitution and statutes authorize the township to adopt local regulations to protect the public health, safety and welfare of its residents; to regulate activities that cause nuisances; to regulate activities of industries that impede upon others' quality of life, property values, and health, safety and welfare; and to protect and preserve natural resources of the community.

(h)

Federal, state and local laws impose a substantive duty on the township pursuant to its police powers and authority to prevent or minimize likely degradation of the air, water and local natural resources held in the public trust.

(i)

Convincing evidence of the adverse secondary impacts of oil and gas have been presented to the township board in public meetings, hearings, in articles, from experiences of neighboring communities, and studies, reports and court cases made available to the township board.

(j)

It is an established legal principal that a municipality may rely on studies, reports, and experiences and evidence generated by other communities of the adverse secondary impacts of certain establishments, so long as whatever evidence that the municipality relies upon is reasonably believed to be relevant to the problem that the municipality addresses. Renton v. Playtime Theatres, Inc., 475 U.S. 41.

(k)

The courts have recognized that an ordinance furthers a substantial government interest by regulating adverse secondary impacts of certain establishments. City of L.A. v. Alameda Books, Inc., 535 U.S. 425.

(l)

Based on the foregoing, the township board finds:

(1)

The documentation demonstrates that oil and gas exploration, extraction and development is an industrial activity that is associated with a wide variety of adverse secondary impacts including, but not limited to:

a.

Deterioration of the quiet use and enjoyment of surrounding residential homes and properties from:

1.

Industrial operations that run twenty-four (24) hours a day in residential areas;

2.

Obnoxious night-time light emitted off-site;

3.

Obnoxious hydrocarbon odors and/or hydrogen sulfide bearing gases emitted off-site;

4.

Obnoxious industrial noise emitted off-site;

5.

Excessive vibrations felt off-site;

6.

Ambient dust emitted off-site.

b.

Violation of legally required community master plans by forcing industrial conditions on residentially zoned areas;

c.

Scattered debris on-site that does not meet site maintenance standards of the community;

d.

Truck traffic impeding flow of traffic and endangering pedestrian, non-motorized travel within the community;

e.

Excessive truck traffic resulting in significant damage to roads within the community;

f.

Activities that disrupt wildlife and wildlife habitats;

g.

Activities near public parks that impact the natural ecosystem and quiet enjoyment of nature paths, trails and wildlife habitats;

h.

Withdrawal of groundwater resulting in reducing the volume or amount of well water serving residential properties;

i.

Withdrawal of groundwater resulting in impacts to the interconnected lakes, streams, ponds and wetlands within the community;

j.

Contamination of groundwater, surface water and drinking water supplies;

k.

Contamination of environmentally sensitive areas;

l.

Off-site soil erosion that causes nutrient degradation, pollution, and wildlife habitat impacts;

m.

Activities that impact the natural course and flow of stormwater runoff;

n.

Environmental consequences from the storage and disposal of wastewater on-site;

o.

Environmental consequences from the loading, unloading and off-site transport of waste and products;

p.

Environmental consequences of wells and pipelines within, or in close proximity to protected wetlands, woodlands and environmentally sensitive areas within the township.

(2)

Each of the adverse secondary impacts addressed by this article constitutes a harm which the township has a substantial government interest in preventing and/or abating. This substantial government interest in preventing such adverse secondary impacts is the township's rationale for this article, and exists independent of any comparative analysis between oil and gas development and other industrial activities.

(3)

The township finds that the documentation relied on in support of this article is reasonably relevant to the township's interest in preventing adverse secondary impacts. The township hereby adopts and incorporates herein its stated findings and the legislative record related to the adverse secondary impacts of oil and gas exploration, extraction and development from the following studies and reports made a part of the legislative record including Secondary Impacts of Oil and Gas Exploration and Development: Charter Township of West Bloomfield, Oakland County, by Christopher P. Grobbel, PhD.; Residential Depreciation With Introduction of Oil and Gas Drilling and Fracking, by David M. Heinowski, MAI; Too Close to Home: The Location of Oil and Gas Wells in Michigan, A Position Paper by Laura Robinson, PSY.D; Report on Fracking by the Oakland County Water Resources Commissioner Jim Nash; Environmental Risks of Michigan Oil and Natural Gas Development by Christopher Grobbel, PhD; Seismic Shift: Oklahom's Earthquakes Triggered by Wastewater Disposal Wells, by Michael Walsh dated April 23, 2015; Updated USGS-Oklahoma Geological Survey Joint Statement on Oklahoma Earthquakes, dated May 2, 2014 by USGS; Hydraulic Fracturing Radiological Concerns for Ohio, by Melissa Belcher, MS and Marvin Resnikoff, PhD.; Water Wells in Proximity to Oil and Gas Development: What you Need to Know, published by the Ground Water Protection Council; and in court cases across the country such as: Ladra v. New Dominion, LLC, 353 P3d 529 (2015); Hiser v. XTO Energy, Inc., 768 F.3d 773 (2014); Wallach v. Town of Dryden, 23 NY3d 728 (2014); In The Matter of Norse Energy Corporation USA v. Town of Dryden, and Dryden Resources Awareness Coalition, 108 AD3d 25 (2013), Addison Township v. Gout, 435 Mich. 809, 460 N.W.2d 215 (1990); Michigan Oil Company v. Natural Resources Commission, 406 Mich. 1; 276 N.W.2d 141 (1979); West Michigan Environmental Action Council v. Natural Resources Commission, 405 Mich. 741; 275 N.W.2d 538 (1979); as well as in experiences, and other evidence generated by other communities of the adverse secondary impacts of oil and gas activities such as Shelby Township as depicted at the October 8, 2014, Residential Oil Drilling Town Hall; Scio Township, Washtenaw County and West Bay Exploration Wing 1-15 exploratory well during 2014-2015; Santa Barbara County from the Exxon Mobile pipeline rupture in 2015; City of Glendive Montana from the 2011 and 2015 pipeline rupture; Calhoun County from the Enbridge pipeline rupture in 2010; the experiences of the National Oceanic and Atmospheric Administration, Office of Response and Restoration found in the many reports regarding oil and chemical spill research available at http://response.restoration.noaa.gov/oil-and-chemical-spills/research-publications.

(Ord. No. C-800, § 2, 1-25-16)

(a)

A need has emerged to protect the public health, safety and welfare pursuant to the authority granted by the Michigan Constitution, Article VII, Sections 14, 17, 18, 19, 29, and 34, and the Charter Township Act, Sections 42.15, 42.16, 42.17, and 42.23, to adopt a regulatory ordinance to minimize the adverse secondary impacts of oil and gas development activities on highly populated residential areas within the township.

(b)

This article is designed to establish reasonable and uniform regulations to prevent potential adverse secondary impacts related to these activities. The regulations adopted are designed to provide objective and orderly procedures for the administration of this article.

(Ord. No. C-800, § 2, 1-25-16)

Applicant means an individual, firm, company, corporation or government authority created by statute, that seeks a certificate of compliance related to the activities regulated by this article.

Contaminated liquid includes, but is not limited to, any contaminated water, waste water, liquid industrial waste, crude oil/brine, chemical mixture with water or any other fluid or liquid.

Immediate means within one (1) hour of receipt of knowledge of a release or suspected release.

Oil and gas activities means acts involved in the exploration for, or development, production, storage, handling, transportation or handling of petroleum, natural gas or both.

Operator means an individual that conducts oil or gas activities on-site and is the holder of a certificate of compliance.

(Ord. No. C-800, § 2, 1-25-16)

Prior to commencing with oil or gas exploration, extraction or development activities, a certificate of compliance shall be issued certifying that the proposed oil and gas activities within the township comply with all applicable ordinances and that all required township permits and certificates have been obtained.

(Ord. No. C-800, § 2, 1-25-16)

An administratively complete application is required that shall include all information, documents, plans, and studies as listed, and is signed by all persons who have a legal or equitable interest in the property. An applicant shall file a complete application with the department of development services which conforms to and includes all the following information and documentation:

(1)

Applicant/operator. The business name, address, telephone number, and e-mail of the applicant/operator.

(2)

Property owner. The name, address, telephone number and e-mail of the property owner.

(3)

Location. The location of the proposed activity, the zoning classification, legal description, and parcel identification number.

(4)

Local agent. The name, address and telephone number of the local agent who will be available twenty-four (24) hours a day in the event of emergency, who is authorized to provide notice of a release, receive service of process, and is responsible to ensure compliance with the regulations of this article. In the event the local agent changes, the property owner or applicant/operator shall immediately notify the director of development services in writing of the name and business address of the new local agent.

(5)

Permit applications. A copy of all permit applications filed by the applicant/operator with the State of Michigan, the county, the road commission, the MDOT, or other local units of government for oil or gas activities on the proposed site.

(6)

Governmental agency permits. A copy of any permit issued by a governmental agency related to the proposed oil or gas activities on the proposed site.

(7)

Permits. A copy of all of the following township issued permits:

a.

If required, a copy of wetland permit;

b.

If required, a copy of woodland permit;

c.

If required, a copy of soil erosion and sediment control permit;

d.

If required, a copy of any construction permit.

(8)

Schedule. A timeline and activity schedule for the proposed oil or gas exploration, extraction or development activities.

(9)

Plans. A copy of the following plans, if applicable:

a.

Soil erosion and sedimentation control plan;

b.

Grading plan;

c.

A hydrogeological study and monitoring plan;

d.

Water withdrawal plan;

e.

Water management plan;

f.

Truck route plan;

g.

Noise management plan;

h.

On-site chemical storage plan;

i.

Waste management and disposal plan;

j.

Pollution prevention plan;

k.

Emergency response plan;

l.

Site identification plan;

m.

Site restoration plan.

(10)

Required plans shall comply with the following:

a.

Soil erosion and sedimentation control plan. The soil erosion and sedimentation control plan shall comply with all applicable provisions of chapter 8, article XV of the Code of Ordinances.

b.

Grading plan. The grading plan shall comply with all applicable provisions of chapter 8, article XIII of the Code of Ordinances.

c.

Hydrogeological study and monitoring plan. A hydrogeological study and monitoring plan is required for the protection of groundwater. Such study shall consist of a minimum of three (3) on-site groundwater monitoring wells at the perimeter of the drilling pad set at a depth encountering the first water bearing zone. Groundwater depth, radiant, and flow direction shall be determined within these three wells, and a down radiant groundwater monitoring well shall be installed to monitor groundwater conditions as required by section 10-157. The initial results of the study must be included in the application submittal for the application to be considered administratively complete.

d.

Water withdrawal plan. The applicant/operator shall provide a water withdrawal plan which is designed to protect the level of water in lakes, ponds, wetlands, watersheds, groundwater and residential drinking wells located within the township.

e.

Water management plan. The applicant/operator shall provide a water management plan designed to determine potential impacts from planned water withdrawals. Applicant/operator must submit the results of a valid hydrogeological investigation, results of a valid aquifer pump test, and computer modeling to determine aquifer characteristics and the lateral radius of the cone of depression to be created at the proposed aquifer pump rate at the location of the proposed point of groundwater withdrawal.

f.

Truck route plan. Excessive truck traffic impedes the flow of traffic within a community and results in significant damage to the roads within the community. Therefore, the applicant/operator shall submit a proposed truck route plan. The plan shall be developed to minimize the impact on local traffic flow and on the condition of local roads utilizing an engineered pavement management system (PMS) methodology to determine existing hard surface road conditions. The plan shall include the proposed routes of all trucks to be utilized at the site, the estimated weight of those trucks, and the estimated number of trucks entering and exiting the site on a daily basis. The plan shall also provide for restoration of damaged roads consistent with best engineering practices utilized for bituminous or concrete paving systems. The proposed truck route plan shall be approved by the police chief.

g.

Noise management plan. Industrial operations in and adjacent to residential districts oftentimes generate noise that is emitted off-site. The applicant/operator shall submit a noise management plan as approved by the township detailing how the equipment used complies with the maximum permissible noise levels of the zoning ordinance and how the operations will not create conditions that result in unreasonable interference with the comfortable use and enjoyment of another's property. The applicant/operator shall be responsible for verifying compliance with this section and the noise management plan after the installation of the noise generating equipment. The noise management plan shall:

1.

Provide documentation establishing the ambient noise level prior to construction;

2.

Identify the operations on site that have the potential to cause noise impacts;

3.

Specify how the impacts will be mitigated considering the following characteristics:

(i)

Nature and proximity of adjacent development;

(ii)

Seasonal and prevailing weather patterns, including wind directions;

(iii)

Extent of vegetative screening on or adjacent to the site;

(iv)

Topography.

h.

On-site chemical storage plan. A chemical storage plan containing a list and the location of all chemicals on site and the safety data sheets (SDS) is required and shall be submitted to the township fire department. If the list of chemicals is confidential and not subject to disclosure under the Freedom of Information Act (FOIA), the list shall be marked accordingly.

i.

Waste disposal plan. The application shall include a complete description of all projected waste, and shall include a list of all chemical constituents and total volumes intended for disposal and the manner by which waste shall be disposed.

j.

Pollution prevention plan. The applicant/operator shall provide a pollution prevention plan which is designed to protect the lakes, ponds, wetlands, watersheds, soil/groundwater, ambient air, woodlands, wildlife habitats, walking trails, nature paths, and other environmentally sensitive areas of the township from contamination or pollution that may result from the proposed oil and gas activities.

k.

Emergency response plan. A copy of applicant/operator's emergency response plan, which shall be submitted to the township police department, township fire department, development services, planning and community development departments. Also, the applicant/operator shall, at its sole cost and expense, provide appropriate site orientation and adequate information for on-going training to address any potential dangerous conditions that may result from the oil and gas activities. Pursuant to state and federal law, the operator shall provide any information necessary to assist the township with establishing written procedures to minimize dangerous conditions that may result from the proposed oil and gas activities.

l.

Site identification plan. A site identification plan shall be submitted delineating the location, wording and size of required site signage.

m.

Site restoration plan. A site restoration plan shall be submitted showing the nature, extent and timelines for site restoration once exploration, extraction and development activities have ceased.

(11)

Road maintenance agreement. The applicant/operator and the township shall enter into a road maintenance agreement with the township, provide the required road maintenance escrow, and adhere to all conditions set forth in the agreement.

(12)

Site maintenance agreement. The applicant/operator shall include a copy of the executed standard township site maintenance agreement.

(13)

Proof of insurance. The applicant/operator shall include proof of insurance in coverages and amounts as established by resolution of the township board including a required pollution rider.

(14)

Statement. A statement as to whether the applicant/operator has operated a site where a release occurred, where there was a violation of any provision of the NREPA, or where there was a finding that a nuisance existed; describe each release, violation, or nuisance, and specify the date, place, jurisdiction and any emergency and/or remediation action taken.

(15)

General operations. A statement providing a general operations plan with a description of the nature of the proposed activities, hours of operation, the number of employees, and projected duration of the oil and gas activities.

(16)

Inspection. The application shall include a statement authorizing township officials to enter upon the site for the purpose of inspection to determine if the applicant/operator is in compliance with applicable ordinances.

(17)

Supplementation. The application information required shall be supplemented in writing by certified mail, return receipt requested, to the director of development services within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(18)

Fees, expense reimbursement, performance guarantee. The applicant/operator shall pay the application fee and shall establish an escrow to reimburse the township for all expenses of inspection, administrative review, technical review, and for professional and consultant fees incurred including, but not limited to: engineering, planning, building, environmental, and legal fees. A performance guarantee is required in an amount sufficient to ensure compliant closure and restoration of the well and site. The application fee, escrow, and performance guarantee shall be established by resolution of the township board. The resolution shall be placed on file and made available at the office of the township clerk.

(19)

Signatures required. The application shall be signed by both the applicant/operator and property owner, and shall be maintained by the township development services department.

(20)

Disclosure. The information provided by an applicant/operator in connection with an application for a certificate under this article shall be maintained by the township and any personal information deemed confidential will be disclosed only as required by law or by court order.

(Ord. No. C-800, § 2, 1-25-16)

(a)

Upon compliance with all applicable ordinances, a certificate of compliance shall be issued.

(b)

Nothing in this article, nor the issuance of a certificate of compliance shall be construed to exempt the applicant/operator or property owner from complying with any other applicable township, state or federal regulation, requirement or permit.

(Ord. No. C-800, § 2, 1-25-16)

The township may attach special conditions, restrictions, requirements, or limitations which are reasonable and necessary to protect the public health, safety and general welfare; to prevent pollution, impairment or destruction of natural resources; and to avoid the creation of public or private nuisances.

(Ord. No. C-800, § 2, 1-25-16)

The applicant/operator shall comply with all applicable state and federal regulations and shall provide evidence of obtaining the required state and/or federal permits, including proof of insurability, before initiating any work and shall maintain the required permits throughout the duration of all operations. The applicant/operator shall notify the township immediately of any suspension or revocation of any required state and/or federal permit. Upon notification of a suspension or revocation, the township-issued certificate will hereby be deemed suspended or revoked until state and/or federal compliance is reached.

(Ord. No. C-800, § 2, 1-25-16)

In the event the township issues a written notice to deny for failure to comply with the requirements of this article, the provisions of section 10-138 providing for an appeal hearing shall apply.

(Ord. No. C-800, § 2, 1-25-16)

Upon receiving notice of a violation of any provision of this article, the township clerk shall issue a written notice of intent to suspend, which shall include the grounds for the suspension, the effective date of the suspension, and that an appeal hearing before the township board may be requested by filing a request in writing within twenty (20) days. A hearing shall be provided pursuant to the provisions of section 10-138. The suspension shall take effect twenty-one (21) days after the date of the notice of suspension or, if an appeal hearing is requested, as approved by the township board after the hearing is held.

(Ord. No. C-800, § 2, 1-25-16)

(a)

Upon receiving notice that any of the following adverse conditions have occurred, the township clerk shall issue a written notice of intent to revoke and schedule a hearing as provided by section 10-138:

(1)

Release. If a release of a hazardous substance(s) occurs in violation of this article, or any state or federal law or regulation.

(2)

Environmental consequences. Environmental consequences of a well or pipeline located within or in close proximity to protected wetlands, woodlands and environmentally sensitive areas has caused one (1) or more environmental consequences such as:

a.

A disruption to wildlife or unacceptable fragmentation of wildlife habitats;

b.

Withdrawal of groundwater resulting in an adverse impact to the interconnected lakes, streams, ponds and wetlands situated within the community;

c.

Contamination of soil, groundwater, air, surface water or environmentally sensitive areas in excess of unrestricted residential standards promulgated pursuant to Part 201 of Michigan's NREPA, Public Act 451 of 1994, as amended;

d.

Impacts to the natural course and flow of stormwater runoff.

(3)

A pattern of adverse impacts. It is demonstrated that the operations have resulted in a pattern of adverse impacts to the nearby properties that substantially disturb the peace, order, and tranquility of the neighborhood.

(4)

Illegal activity. The applicant/operator has knowingly or recklessly engaged in illegal activity or allowed illegal activity to occur on the site.

(b)

Effective date. The revocation shall not take effect for twenty-one (21) days from the date of the notice of revocation.

(c)

Appeal. The written notice of intent to revoke, shall include the grounds for the revocation, the effective date of the revocation, and that a request for an appeal hearing before the township board may be made in writing, within twenty (20) days of the date of the notice of intent to revoke, pursuant to the provisions of section 10-138. If not appealed, the suspension shall take effect twenty-one (21) days after the date of the notice of suspension.

(Ord. No. C-800, § 2, 1-25-16)

(a)

Notice of hearing. Upon receipt of a request for appeal, the township board shall conduct an appeal hearing on the intent to suspend or revoke the certificate of compliance. The township board shall serve notice upon the applicant/operator and property owner by certified mail not less than twenty (20) days prior to the hearing date. The notice shall:

(1)

State the date, time and place of the hearing;

(2)

Include a statement that evidence and testimony may be presented, and there is a right to be represented by an attorney.

(b)

Hearing and decision. The hearing shall be conducted by the township board and shall be open to the public. The township board shall issue a written statement of its findings, decision, specific grounds for its decision, and a statement that the decision may be appealed to a court of competent jurisdiction.

(Ord. No. C-800, § 2, 1-25-16)

It shall be unlawful for any person to release or cause a release, discharge, or emission of any hazardous or potentially hazardous substance, contaminated water, liquid, oil and/or natural gas, brine, or other substance, liquid, gas, oil or combination thereof, containing a concentration greater than the limit established by state or federal law or regulation onto any area of the township, including but not limited to, the air, surface of any land, or into any open ditch, creek, stream, watercourse, wetland, pipe or conduit. In the absence of a state or federal law or regulation, any release, discharge, or emission shall not exceed 0.5 parts per million for any hazardous or potentially hazardous chemical constituent from any oil or gas activity, or from any structure, building, facility, equipment, or system used for any oil or gas activity within the township.

(Ord. No. C-800, § 2, 1-25-16)

The operations shall comply with all permits issued, all required plans as approved, and any and all conditions attached to the permit or approved plan; and shall comply with the provisions of all agreements between the operator and the township.

(Ord. No. C-800, § 2, 1-25-16)

(a)

Submission. Prior to commencing with any activities, a copy of the emergency response plan shall be submitted to the township police, fire, water and sewer, development services, planning, and community development departments.

(b)

Information required. Pursuant to state and federal law, the operator shall provide any information necessary to assist the township with an emergency response plan and hazardous materials survey establishing written procedures to minimize any potential hazard resulting from the activities on site.

(c)

Training. Emergency response training of on-site personnel is required and a copy of the emergency response plan shall be maintained on the site at all times.

(Ord. No. C-800, § 2, 1-25-16)

At no time shall any overweight vehicle travel upon any roads within the township and at no time shall any trucks travel upon any roads within the township other than as specified in the approved truck route plan. The operator shall keep a truck use log which includes the number of trucks entering and exiting the site on a daily basis and the loaded-weight of each truck. If the truck traffic substantially impedes local traffic flow, threatens pedestrian travel, or if a road that is designated for truck travel in the truck route plan is closed due to construction, an emergency, or weather then the truck route plan shall be reviewed by the police chief and adjustments may be made to reduce the impact on traffic flow or pedestrian safety, or to make other temporary or permanent adjustments needed due to the change in circumstances. The operator shall comply with any adjustment made by the police chief.

(Ord. No. C-800, § 2, 1-25-16)

Site identification signage, in a size not to exceed eight (8) square feet, shall be provided at each entrance to the site and shall clearly provide the following information:

(1)

Applicant/operator name;

(2)

Township-assigned address;

(3)

Name of the local agent;

(4)

The twenty-four-hour emergency contact name and phone number.

(Ord. No. C-800, § 2, 1-25-16)

Staggered twelve-foot tall evergreen trees shall be placed around the perimeter of the site with a minimum landscape greenbelt buffer of twenty-five feet (25') in depth. The landscape buffer and trees shall be irrigated and maintained.

(Ord. No. C-800, § 2, 1-25-16)

(a)

The site shall be completely enclosed with a chain link fence as follows:

(1)

The chain link fence shall be at least eight feet (8') in height;

(2)

The chain link posts and rails shall be dark green or black steel wire and shall have, at a minimum, 11-gauge thickness;

(3)

Support posts shall be set in concrete and shall be imbedded into the ground to a depth sufficient to maintain the stability of the fence;

(4)

All chain link fences shall be equipped with at least two (2) gates.

(b)

A secured entrance gate on the access road shall be required and all gates are to be kept locked when the operator or its employees are not on the premises.

(Ord. No. C-800, § 2, 1-25-16)

Obnoxious night-time light emitted off the site interferes with comfortable, quiet use and enjoyment of surrounding residential property. Site lighting shall be shielded, directed downward and directed internally on the site so as to avoid glare on public roads, and adjacent property, dwellings and buildings. Exterior lights shall be turned off except when personnel are working on-site or motion sensors are activated.

(Ord. No. C-800, § 2, 1-25-16)

Access to any facility shall be arranged to minimize danger to traffic; to minimize nuisance to surrounding properties; obtain and comply with all required state and county road commission standards and permits; and to maintain the integrity of township roads. The following standards apply:

(1)

Any newly established private easement or access roads constructed on the parcel containing the facility shall be located at least fifty feet (50') from any property line unless written consent is obtained from the adjoining property owner(s);

(2)

Prior to the commencement of any facility operations, the access road to the facility, beginning with its intersection with a township road, shall be paved for the first fifty feet (50') and be constructed with an additional one hundred fifty feet (150') of limestone in a manner that would reasonably minimize water, sediment or debris carried onto any public road;

(3)

All access roads shall be constructed and maintained to prevent the distribution of dust and mud to the surrounding area. A method of dust abatement shall be utilized during dry weather conditions and under no circumstances shall brine water, sulphur water, or water in mixture with any type of hydrocarbon be used for the abatement of dust.

(Ord. No. C-800, § 2, 1-25-16)

No applicant/operator shall excavate or construct any lines for the conveyance of fuel, water, oil, gas, or petroleum liquids on, under, or through the streets, alleys or other properties owned by the township without obtaining all required approvals and permits from the township.

(Ord. No. C-800, § 2, 1-25-16)

The oil and/or gas activities shall be conducted in such a manner as to prevent operations from becoming a nuisance under township ordinances and state law, and such activities shall comply with the performance standards set forth in Section 26.5.11 of the zoning ordinance. Additionally, the site, all structures and all exterior equipment on the property shall be properly maintained and shall not be permitted to become dilapidated, unsightly, unsafe or blighted.

(Ord. No. C-800, § 2, 1-25-16)

All operations shall be conducted in such a manner as to minimize, so far as practicable, dust, noise, vibration, or noxious odors, and shall be in accordance with the best management practices (BMPs) as defined by the Michigan Department of Environmental Quality (MDEQ) for the exploration and/or production of oil, gas and other hydrocarbon substances in urban areas. All equipment used shall be constructed and operated so that dust, noise vibrations, and odors or other adverse impacts will be minimized and retained on-site, thereby reducing the adverse impacts to adjacent properties and persons living or working in the surrounding area.

(Ord. No. C-800, § 2, 1-25-16)

Compressors and other power-driven equipment shall utilize sparkless electric motors as an alternative to internal-combustion engines unless the applicant/operator can demonstrate that other proposed engines are consistent with the objectives of this article; will not cause noise, vibrations or odors to migrate off-site; and will not be a nuisance to adjacent properties. All electrical installations and equipment shall conform to township ordinances and applicable national codes.

(Ord. No. C-800, § 2, 1-25-16)

The local agent shall be responsible to maintain the premises to ensure compliance with all provisions of chapter 15, Offenses, article V, section 15-41, Disturbing the peace and noise regulations.

(Ord. No. C-800, § 2, 1-25-16)

Oil and gas activities shall not result in impacting residential water supplies by:

(1)

The withdrawal of groundwater resulting in reducing the volume or amount of well water serving residential properties;

(2)

Contamination of soil, groundwater, and drinking water supplies.

(Ord. No. C-800, § 2, 1-25-16)

Any oil and/or gas activity shall not cause environmental consequences to protected wetlands, woodlands and environmentally sensitive areas including but not limited to:

(1)

A disruption to wildlife and unreasonable fragmentation of wildlife habitats;

(2)

A disruption to public parks;

(3)

Withdrawal of groundwater resulting in an impact to the interconnected lakes, streams, ponds and wetlands within the community;

(4)

Contamination of soil, groundwater, surface water or environmentally sensitive areas;

(5)

Impacts to the natural course and flow of stormwater runoff.

(Ord. No. C-800, § 2, 1-25-16)

(a)

The operator, at its own cost, shall monitor the impact of its activities on the protected environmental areas located within one thousand (1,000) feet of the site, on the watershed in which the site is located, and on adjacent residential properties to ensure that a release has not occurred and that the adverse impacts of the operator's activities are not adversely impacting nearby properties.

(b)

In order to conduct the monitoring required by this article the operator, at its own cost, shall sample on-site groundwater monitoring wells quarterly for purgeable aromatic hydrocarbons and chloride, and shall report the sample results to the township development services department within ten (10) days of receipt of sample laboratory test results.

(Ord. No. C-800, § 2, 1-25-16)

(a)

Operator shall copy the township on all data required to be delivered to the Michigan Department of Environmental Quality (MDEQ) and/or the United States Environmental Protection Agency (EPA) for the operations on site.

(b)

The operator shall provide any test results to the township upon request.

(Ord. No. C-800, § 2, 1-25-16)

Operator shall inform the township in writing of any modification of the waste stream and/or any new waste not included in the application. Applicant/operator shall provide a yearly report to the township which includes an analysis of the waste stream for all chemical constituents and total volumes. The operator shall also allow the township to conduct random samples of the waste stream upon a forty-eight-hour notice to the operator. This sampling and testing shall be at operator's expense.

(Ord. No. C-800, § 2, 1-25-16)

(a)

Oil and/or gas wells. Prior to converting an oil or gas well to a Class II brine injection well, an operator shall file the following updated documents and plans with the development services department:

(1)

Hydrogeological study and monitoring plan;

(2)

Truck route plan;

(3)

Noise management plan;

(4)

On-site chemical storage plan;

(5)

Waste management and disposal plan;

(6)

Pollution prevention plan;

(7)

Emergency response plan;

(8)

Proof of insurance.

(b)

Class II liquid industrial waste well. Prior to installing a new Class II liquid industrial waste well or to converting any existing well to a Class II liquid industrial waste well, an operator shall file an administratively complete application that conforms to all application requirements set forth in section 10-127 of this article.

(Ord. No. C-800, § 2, 1-25-16)

Oil and gas activities have the potential of adverse secondary impacts and very serious consequences. Further, there is a lack of information readily available to the municipality and the public regarding local exploration, extraction and development of oil and gas operations. Therefore, the following notice to the township and surrounding properties is required to enable the township to ensure the protection of the health, safety and welfare of its residents, of environmentally sensitive features, residential water wells and the residential quality of life:

(1)

Within five (5) days of filing an application for a permit with the State of Michigan to conduct any oil or gas activity within the township, the applicant shall file a copy of the application with the development services department.

(2)

Within seven (7) days of filing an application for a permit with the State of Michigan, the applicant shall by regular United States mail, notify the owner(s) of record and/or occupant(s) of all properties within one thousand three hundred twenty (1,320) feet of the proposed well location and shall include the following information:

a.

The name and address of the applicant.

b.

A statement that the applicant has applied for a permit to drill and operate an oil and gas well.

c.

A statement that a person may submit comments on the application by mail to the Michigan Department of Environmental Quality (MDEQ), Office of Geological Management (OOGM), and provide the applicable address.

d.

Include a copy of the first page of the permit application.

(Ord. No. C-800, § 2, 1-25-16)

A copy of the emergency response plan shall be maintained on-site at all times. In the event of a release or suspected release of five (5) gallons or more of a contaminated liquid, in violation of this article or any applicable state or federal law or regulation, the operator of the site shall provide immediate notice of the release to the fire department, the police department, the development services department and the water and sewer department of the township.

(Ord. No. C-800, § 2, 1-25-16)

The operator shall notify the township of the following:

(1)

Any change to the name, address and phone number of the operator immediately after the change occurs.

(2)

Any change to the name, address and phone number of the person(s) designated to receive notices from the township within twenty-four (24) hours after the change occurs.

(3)

Any "incident report" or written complaint submitted to the Michigan Department of Environmental Quality (MDEQ), the supervisor of wells, or other regulating agency within seventy-two (72 hours) after the operator has notice of the existence of such report or complaint.

(Ord. No. C-800, § 2, 1-25-16)

(a)

Municipal civil infraction. A person who violates or fails to comply with any of the provisions of this article shall be issued a municipal civil infraction citation as authorized by the Revised Judicature Act, MCL 600.8701, et seq.; and section 1-10 of the Code of Ordinances. If found responsible, the respondent shall be subject to the penalties provided for Municipal Civil Infractions in section 1-10 of the general penalty provisions of the Code of Ordinances.

(b)

Civil proceedings. The township attorney or designee is hereby authorized to institute civil proceedings necessary for the enforcement of this article to restrain or correct ordinance violations and for the recovery of costs and expenses incurred by the township as authorized by law. Such proceedings, including injunctive relief, shall be brought in the name of the township; however, the institution of civil proceedings shall not preclude enforcement of misdemeanor, administrative, or any other proceeding authorized by ordinance, state or federal law.

(Ord. No. C-800, § 2, 1-25-16; C-841, § 2.C, 2-24-25)