A.

In order to make this ordinance flexible and still afford protection of property values and orderly and compatible development of property within Yankee Springs Township, the Yankee Springs Township Planning Commission, in addition to its other functions, is authorized to approve the establishment of certain uses designated as special exception uses within the various zoning districts, when set forth in the ordinance.

B.

These special exception uses have been selected because of the unique characteristic of the use which, in the particular zoning district involved, under certain circumstances and without proper controls and limitations, might cause it to be incompatible with the other uses permitted in such zoning district and accordingly be detrimental thereto.

C.

With this in mind, the special exception uses are not permitted to be engaged in within the particular district in which they are listed unless and until the planning commission, in its absolute discretion, is satisfied that the same, under the conditions, controls, limitations, circumstances and safeguards proposed, therefore, and imposed by the planning commission would be compatible with the other uses expressly permitted within said zoning district; would not, in any manner, be detrimental or injurious to the use or development of adjacent properties, to the occupants thereof or to the general neighborhood; would promote the public health, safety, morals and general welfare of the community; would encourage the uses of lands in accordance with their character and adaptability; and that the conditions required by the planning commission for the allowance of such special exception use can and will, in its judgment, be met at all times by the applicant.

D.

The burden of proof of facts, which might establish a right to a special exception use permit under the foregoing standards, shall be upon the applicant.

E.

The planning commission may not allow any use as a special exception use unless the same is specially authorized as a special exception use in a particular zoning district.

A.

All applications for special exception use (S.E.U.) permits shall be filed with the zoning administrator and shall include all pertinent plans, specifications, and other data upon which the applicant intends to rely for a special exception use permit.

B.

The planning commission shall hold a public hearing on the request in accordance with the following procedures:

1.

A notice of the public hearing shall be published in a paper of general circulation in the township not less than fifteen (15) days before the hearing, describing the nature of the request for a special exception use permit, indicate the property that is the subject of the request including a list of all existing street addresses within the property (if none exist, other means of identification may be used), state when and where the request will be considered, and indicate when and where written comments may be submitted concerning the request.

2.

Notice shall be sent by mail or personal delivery not less than fifteen (15) days before the public hearing to the owners of the property for which approval is being considered. Notice shall also be sent to all persons to whom real property is assessed within three hundred (300) feet of the property and to occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located within the township. If the name of the person is not known, the term occupant may be used in making notification.

3.

Following the hearing, the planning commission shall either grant or deny a permit for the special exception use. The planning commission shall state the reason for its decision, including all conditions, limitations and requirements upon which the permit is granted.

4.

The planning commission shall have the right to limit the duration of a special exception use permit where the use is temporary in nature.

5.

The site plan, specifications, and all conditions, limitations, and requirements imposed by the planning commission shall be incorporated as part of the special exception use permit. Violations of the special exception use permit may be cause for revocation by action of the planning commission, after a public hearing preceded by notice in accordance with statutory provisions governing special exception uses.

6.

Any special exception use permit that has not been used for a continuous period of six (6) months may be revoked by action of the planning commission, after a public hearing preceded by notice in accordance with statutory provisions governing special exception uses.

7.

Premises for which a special exception use permit has been revoked by the planning commission shall be used only for permitted uses set forth in the zoning ordinance for the zoning district in which the property is located.

(Ord. No. 03-01-07, § IV, 3-8-2007; Ord. No. 11-09-2023, § I, 11-9-2023)

The planning commission may reserve the right of an annual review for any special exception use permit granted. The planning commission shall conduct the review in a public hearing preceded by notice in accordance with statutory provisions governing special exception uses. The provisions of subsections B.5 and B.6 shall apply the review findings of the planning commission.

(Ord. No. 11-09-2023, § I, 11-9-2023)

A.

The planning commission may impose such conditions or limitations, in granting approval, as may be permitted by state law and this ordinance, which it deems necessary to fulfill the spirit and purpose of this ordinance. Those conditions may include any condition necessary:

1.

To insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads.

2.

To protect the natural environment and conserve natural resources and energy.

3.

To promote the use of the land in a socially and economically desirable manner.

B.

The conditions imposed shall do all of the following:

1.

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

2.

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

3.

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

C.

The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the land owner. The planning commission shall maintain a record of changes granted in conditions.

A.

Apartment buildings:

1.

Submittal requirements:

a.

At least ten (10) days before the public hearing a plot plan shall be submitted by each applicant to the planning commission showing the location of all proposed buildings, driveways, parking areas, sidewalks, all utilities and the building setbacks from all lot lines.

The plan shall be reviewed by the planning commission and a determination shall be made by the commission that the above conditions and limitations have been met by the applicants. The planning commission shall add any additional conditions or limitations which are necessary to adequately protect the health, safety and welfare of the inhabitants and neighborhood, including adjoining property values, before a special exception use permit shall be issued.

b.

Restrictions:

(1)

Such buildings shall be no more than two and one-half (2½) stories in height.

(2)

All apartment buildings shall be set back at least thirty-five (35) feet from all lot lines.

(3)

All apartment buildings shall be compatible in appearance with the surrounding residential area and shall be landscaped and maintained in an attractive, neat manner.

(4)

No more than twenty-five (25) per cent of the parcel area shall be occupied by a building or buildings.

(5)

All buildings, other than accessory buildings shall be set back from each other a minimum distance of thirty-five (35) feet.

(6)

A paved driveway, of at least fifteen (15) feet in width, shall be constructed and adequate parking with at least two (2) parking stalls shall be provided for each apartment unit.

(7)

Sidewalks shall be provided to the entrance or entrances of each building.

B.

Bed and breakfast inns:

1.

Requirements:

a.

Such a use may be allowed in the districts where such a use is listed as a special land use pursuant to a special exception use permit provided that:

b.

It is operated in its entirety within the principal dwelling and not within any garage or accessory building located upon the premises, except for incidental storage, in the use of a residential type garage.

c.

It is conducted only by the persons who own and occupy the premises.

d.

It has no exterior evidence other than a permitted sign to indicate that the same is being utilized for any purpose other than that of a dwelling.

e.

It does not involve alteration or construction not customarily found in residential dwellings.

f.

It is clearly incidental and subordinate to the principal use of the premises for residential purposes.

g.

It does not constitute an annoyance to adjoining residents by reason of noise, smoke, odor, electrical disturbance, night lighting, or the creation of unreasonable traffic to the premises.

h.

It does not utilize more than five (5) transient sleeping units with a minimum square footage for each unit of one-hundred (100) square feet for two (2) lodgers and fifty (50) square feet for each additional lodger to a maximum of four (4) occupants per room.

i.

It's guests are not allowed to stay longer than fourteen (14) consecutive days or thirty (30) days in one (1) calendar year at any bed and breakfast inn location.

j.

All bed and breakfast inns shall maintain on the premises a guest register and all guests shall be legibly registered and such register is subject to inspection during reasonable hours by the township constable or his designee.

k.

All bed and breakfast permit holders shall be required to comply with all state and local regulations and laws concerning bed and breakfast operations.

l.

No building or structure either on the premises of the bed and breakfast inn or on property adjacent thereto shall be removed in order to provide parking for the bed and breakfast inn.

m.

All required parking for any bed and breakfast inn shall be screened from adjacent residential uses in such form and manner as may from time to time be required by the planning commission.

n.

No bed and breakfast inn shall have on the premises any restaurant which is open to the general public or any gift shop, store or public meeting room or other sales, lease or rental operations.

o.

Sufficient off-street parking shall be required.

p.

It complies with all requirements of initial and subsequent fire safety inspection reports.

q.

Its lake front and other motor powered watercraft including jet ski type units, rowboats and fishing boats, sailboats, paddle boats pontoon boats and deck boats, are limited to two (2) watercraft per bed and breakfast inn. Such watercraft are further limited to rental or lease by the tenants only.

r.

Lake frontage and road frontage shall satisfy the minimum requirements of the zoning district in Article XII.

s.

Use of access lots in conjunction with a bed and breakfast inn shall be in compliance with Article XVIII. For the purpose of Article XVIII and determining the amount of land necessary for the access property, each room in the inn shall be considered a dwelling unit.

t.

On parcels with a minimum of ten (10) acres in the resort and recreation zoning district, horse rental may be permitted with a limitation of two (2) horses and/or carriages per bed and breakfast inn. No other type of rental will be considered.

C.

State licensed residential facilities:

1.

An adult foster care family home shall be considered a residential use of property and approved as such in all residential districts.

2.

A family day care home shall be considered a residential use of property and approved as such in all residential districts.

3.

A group day care home shall be granted a special exception use permit in any residential district if it satisfies all of the following conditions:

a.

The facility is located not closer than one thousand five hundred (1,500) feet to any of the following:

(1)

Another licensed group day care home.

(2)

Another adult foster care small group home or large group home licensed under the adult foster care licensing act.

(3)

A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people licensed under article 6 of the public health code.

(4)

A community correction center, resident home, halfway house or similar facility which houses an inmate population under the jurisdiction of the department of corrections.

b.

The facility has appropriate fencing for the safety of the group day-care home as determined by Yankee Springs Township.

c.

The facility maintains the property consistent with the visible characteristics of the neighborhood.

d.

The facility does not exceed sixteen (16) hours of operation during a twenty-four-hour period. The Township may limit but not prohibit its operation between the hours of 10:00 p.m. and 6:00 a.m.

e.

The facility complies with all appropriate sign regulations.

f.

The facility provides adequate off-street parking for its employees.

D.

Commercial riding academies or stables: May be permitted upon issuance of a special land use permit, subject to the provisions of this ordinance and the following special standards:

1.

The minimum site size: Shall be twenty (20) acres where all riding will take place within an arena building. Forty (40) acres where riding will occur in open areas outdoors.

2.

The applicant shall submit the following with his special exception use permit application:

a.

Where riding is intended outdoors the applicant shall be required to submit a trail plan showing the general location of intended riding trails.

b.

A manure management plan showing the location of all stored material.

(1)

All areas for stockpiling of manure shall be screened from view.

(2)

Shall not be located closer than two hundred fifty (250) feet to any property line.

(3)

Shall not be allowed to become a nuisance.

c.

Parking:

(1)

Adequate off-street parking shall be provided for customers in the ratio of one (1) space for every two (2) horse boarding stalls.

(2)

The parking area shall be paved, however, paving of the parking area may be altered to allow the substitution of a dust free, durable, water permeable, surface.

(3)

All parking areas shall be screened from view of an abutting residential use by either a greenbelt, obscuring fence, or masonry wall.

d.

Restrooms: At least one (1) unisex/handicap accessible restroom shall be provided for public use.

e.

Building design: A complete set of drawings showing the exterior views and floor plans of all buildings, including the style and size of the structures to determine that the project will be compatible and consistent with the surrounding residential areas.

f.

Indication of the number of horses to be boarded.

g.

Signs: All signs shall conform to article XVII of this ordinance. Drawings of such signs shall be submitted for approval.

h.

Retail sales of associated goods. Retail sales of tack and other equipment associated with the operation shall require approval as part of this request.

E.

Conservation clubs: Provided the applicant can demonstrate the need for the facility to the planning commission and the property is suitable for the purpose.

F.

Dog kennels:

1.

Regulations: The purpose of the following is to provide for the construction and maintenance of dog kennels within the township so as to protect the general health, safety and welfare of the residents and property owners and to preclude any harmful effects of such land use from occurring in any zoning district where such use may be permitted.

2.

Definitions:

a.

Dog kennel: An establishment on which more than three (3) dogs, six (6) months of age or older, are housed or cared for.

b.

Boarding kennel: A kennel used to house, for remuneration, more than three (3) dogs owned by someone other than the kennel owner or his relatives under the following conditions:

(1)

The dogs are housed for short periods of time, usually one (1) or two (2) weeks or for as long as one (1) month.

(2)

The dogs are usually over six (6) months of age.

(3)

The dogs all have dog licenses and have received their required vaccinations.

c.

Breeding kennel: A kennel used to house or breed three (3) or more dogs, for purchase or sale, usually registered dogs recognized by the American Kennel Club or a similar organization. Under the following conditions:

(1)

The dogs are owned by the owner of the kennel.

(2)

The dogs are usually bred for sale, sport or conformation purposes.

3.

Requirements:

a.

The building shall be constructed in accordance with the building regulations of the township.

b.

The building shall contain heat, electricity, water and sanitary facilities.

c.

The kennel shall not be occupied until the facilities have been approved by the township zoning official and building inspectors and Barry County Animal Control.

d.

The kennel shall comply with public act 195 of 1969, of the state of Michigan, as amended.

e.

Inside enclosures: The minimum size of the enclosures within the required kennel building shall be not less than three (3) feet by three (3) feet square and four (4) feet high. There shall be a door or gate at each enclosure which allows easy access for inserting or removing dogs. All enclosures shall have a sloped concrete floor to facilitate cleaning and drainage. There shall be a minimum of one (1) enclosure for any dog over eighteen (18) inches long and/or over fourteen (14) inches high.

f.

Outside enclosures or runs: The exterior runs shall be a minimum of three (3) feet wide and ten (10) feet long and have direct access to the kennel building. The opening into the required kennel building shall have a sliding or other type of closing door. The dogs shall be kept in the kennel building from 10:00 pm. until 9:00 am. All exterior runs shall be sloped and paved with concrete to facilitate cleaning.

g.

Enclosure fences: The outside enclosures or runs, etc., shall all have fencing, a minimum of six (6) feet high, made of cyclone or woven steel material. The gates in each run shall be equipped with locks and shall be self-closing.

h.

Vision, noise and sound barrier: The dog runs, exercise yards and any places where dogs are kept either full or part time shall be enclosed with a vision, noise and sound barrier. The barrier may be constructed as an earth berm or opaque fence. The berm or fence shall be a minimum of six (6) feet, but not more than eight (8) feet high. The barrier shall be constructed to allow air to flow into the area where the dogs are kept.

i.

Parking: Off-street parking shall be provided for each kennel with a minimum of one (1) parking space for each employee and five (5) spaces for visitors.

G.

Farm animals: Animals usually associated with farms may be allowed in the rural residential and suburban residential zoning districts by special exception use permit provided:

1.

The property is located in a rural area of the township.

2.

The property is at least one (1) acre in size for small animals such as chickens, turkeys or rabbits and two (2) acres for large animals such as goats, pigs or horses.

3.

Such animals are to be used as pets not to produce income. The by-produces, such as eggs or meat shall not be sold.

4.

All barns and similar structures to be used in conjunction with any large animals shall be located at least eighty (80) feet from all property lines. The location of all other structures shall conform to the requirements of Article XII, General Requirements…, of this ordinance.

5.

The area to be used as pasture shall be adequately fenced to prevent the animals from leaving the property.

6.

The planning commission shall determine the maximum number of each type of animal allowed on the property as part of the approval process.

7.

The applicant shall provide the planning commission with a site plan indicating:

a.

All existing buildings located on the property and within three hundred (300) feet of the property.

b.

The location of all proposed structures, either existing or to be constructed, to be used in connection with the animals.

c.

The location of all waste storage areas and a disposal plan for removal of all waste from the property.

8.

The applicant shall provide any additional information deemed necessary for the commission to approve or deny the request.

Animals to be used for 4-H or similar activities shall be governed by this use permit. Permits for such activities shall be limited to not more than one (1) year by the planning commission.

H.

Gasoline filling and service stations: All businesses dispensing gasoline, diesel fuel, or other types of flammable fuels shall be required to obtain a special exception use permit before locating their business within the Township of Yankee Springs.

1.

Restrictions: The subject parcel is not located within two hundred (200) feet of a library, school, park, playground, cemetery, church, hospital, nursing home or home for the aged.

2.

Conditions for approval:

a.

The driveway entrances and exits shall be located at least one hundred fifty (150) feet from any intersection.

b.

Non-paved areas shall be attractively seeded and landscaped in a neat and pleasing manner.

c.

Lighting shall be directed so as not to glare upon adjoining residences.

d.

All driveways shall be paved with at least twenty (20) feet of width at the entrances and exits.

e.

Gasoline dispensers shall be located at least twenty (20) feet from the property lines.

f.

Automobile service stations shall not allow more than two (2) vehicles to be parked, outside, overnight while waiting to be repaired.

J.

Earth removal, quarrying, gravel processing, mining and related commercial extraction businesses: Shall be recognized as a special exception use in all zoning districts and controlled by the guidelines thereof. Before a special exception use permit shall be granted for this activity, the Planning Commission shall be satisfied that the following conditions and limitations are, or shall be, strictly complied with, in addition to any other requirements contained in this Ordinance or in any other Township Ordinance controlling such operations.

1.

Location.

a.

All such operations shall be located on a primary road, as defined by the Barry County Road Commission, for ingress and egress thereto, or on a road which does not create traffic through an area developed primarily for residential purposes.

b.

Sufficient setbacks shall be provided from all property lines and public highways to assure adequate lateral support for adjacent public and private property. No such excavation operation shall be permitted closer than one hundred fifty (150) feet to interior boundary lines of the property or such larger setback as may be required by the Planning Commission to adequately protect adjoining properties. However, if the adjoining property is also used for such mining and excavation operations, then the Planning Commission may reduce or eliminate the required setback from that interior boundary line. Such setback may be temporarily reduced to fifty (50) feet if reclamation of the land is promptly effected to increase the setback to at least one hundred fifty (150) feet in accordance with the reclamation plan approved by the Commission and adequate lateral support as set forth is at all times maintained.

c.

No such excavation operation shall be permitted within fifty (50) feet of adjoining public rights-of-way except for the lowering of land adjoining said rights-of-way to the grade level of said rights-of-way. Such excavation businesses shall at no time be permitted where adequate lateral support for the maintenance of adjoining lands is not maintained.

d.

The permanent processing plant and its accessory structures shall not be located closer than one hundred (100) feet from the interior property lines and adjoining public rights-of-way and shall, where practicable, be located at a lower level than the surrounding terrain to lessen visual and noise impact. In addition, the foregoing shall apply to the digging or excavating apparatus and to the stockpiling or loading of materials and to the location of transportation equipment.

e.

No such excavation operation shall be located within one hundred (100) feet of the banks of any stream or waterway unless previously approved, in writing, by the Michigan Water Resources Commission, or such other state commission having jurisdiction thereof. No such mining operations shall interfere with the natural established flow of surface waters to the detriment or damage of adjoining public or private properties.

2.

Screening. Screening shall be provided along all boundaries of the site which lack natural screening conditions through existing contours or evergreen growth.

3.

Nuisance Abatement.

a.

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

b.

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

c.

The operation shall be restricted to the hours of 7:00 a.m. until 7:00 p.m. The Planning Commission may permit operations beyond these time periods if the nature of the operation requires longer hours and the effect upon adjacent properties is minimized to an acceptable level appropriate for such extended hours of operation.

d.

All dangerous excavations, pits, or pond areas shall be fenced and posted with signs around the perimeter thereof and maintained to prevent injury to children or others, and shall be eliminated as expeditiously as possible.

4.

Reclamation of Mined Areas.

a.

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

b.

The following standards shall control reclamation and rehabilitation:

(1)

All excavation shall be either to a water-producing depth of not less than five (5) feet below the average summer ground water table in the excavation, or shall be graded or back-filled with non-hazardous, non-flammable, and non-combustible solids to insure:

(a)

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

(b)

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

(2)

The banks of all excavations shall be sloped to the water line in a water-producing excavation at a slope which shall not be steeper than one (1) foot vertical to four (4) feet horizontal, and to the pit floor in a dry operation at a slope which shall not be steeper than one (1) foot vertical and three (3) feet horizontal.

(3)

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

(4)

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

(5)

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

(6)

A performance bond, cash, or bank letter of credit shall be furnished to the Township Clerk insuring the proper rehabilitation and reclamation of the mined and excavated areas prior to the commencement of any such mining or excavating operations. The amount of the guarantee shall be not less than $3,000.00 per acre proposed to be mined or excavated in the following twelve (12) months' period and which has previously been mined or excavated during any preceding period and not reclaimed and rehabilitated in accordance with this Ordinance and the applicant's filed plan. Mined areas resulting in a water depth of five (5) feet of more shall be deemed to be reclaimed areas to within fifteen (15) feet of any vertical shoreline thereof and to the extent of the shoreline where the same has been sloped to a grade of not more than one (1) foot vertical to four (4) feet horizontal, for the purpose of this financial guarantee. Such financial guarantee shall be reviewed annually on or about the anniversary date of the excavation permit for adjustment and compliance with the foregoing requirements by the zoning inspector of the Township and the Planning Commission. In no event shall such financial guarantee be less than $3,000.00 in amount.

5.

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

a.

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

b.

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

c.

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

d.

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

e.

In the event excavation or activities are to be conducted closer than one hundred fifty (150) feet from the boundaries of the site, soil borings shall be made on the perimeter of the excavation site in sufficient number to disclose whether conditions exist satisfactory for lateral support of adjacent premises as determined by the Township Engineer. The written consent of the Planning Commission shall be required if mining operations shall be closer than specified in this Ordinance to the boundaries of the site. Such written consent shall only be granted if the Planning Commission determines, in its absolute discretion, that the requested operation will not have a material adverse impact upon adjacent properties. Such written consent may be made subject to such reasonable conditions and limitations, as the Planning Commission deems appropriate.

f.

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

6.

Public Hearing. After receiving an application for a grant of a special exception use permit for an earth removal, quarrying, gravel processing, mining, or related commercial mineral extraction business accompanied by the required plans and specifications and permit fees, the Planning Commission shall hold a public hearing upon such application in the same manner as set forth in Article IV of this Ordinance pertaining to special exception uses. Following such hearing, the Planning Commission shall grant or deny the application and set forth its reasons for its decision. Such decision shall be based upon the general criteria set forth in Article IV of this Ordinance, as well as a consideration of the following:

a.

The most advantageous use of the land, resources and property.

b.

The character of the area in question and its peculiar suitability, if any, for particular uses.

c.

Conservation of property values, as well as natural resources and the general and appropriate trend and character of development in the subject area.

d.

The protection and preservation of the general health, safety, and welfare of the Township.

e.

The scarcity or value of the resources sought to be processed as compared with the effect upon the adjacent community of the proposed operations.

f.

Whether or not the operations were previously in existence prior to the adoption of the text provision concerning the same and the extent and character of such previous operations.

g.

The extent and character of any existing permitted uses or non-conforming uses on the site.

h.

In making any decision, the Planning Commission shall have the right and authority, as set forth in Article IV. of this Ordinance, to impose additional conditions and limitations with respect to the proposed special land use.

7.

Liability Insurance. Except as otherwise provided herein, all parties receiving a special exception use permit hereunder shall be required to carry personal injury and property damage insurance while un-reclaimed or un-rehabilitated area exists, in the amount of not less than $1,000,000.00 for each person or property injured or damaged and not less than 4,000,000.00 for injury or damage to more than one (1) person or one (1) person's property arising out of one (1) occurrence. Such insurance shall cover injury or damage occurring upon the site of the operations as well as upon other properties as a result of conditions or activities existing upon the site.

The Planning Commission shall have the authority to increase this minimum liability insurance requirement at the time of granting the special exception use permit if the Planning Commission determines, in its sole reasonable discretion, that, because of unusual characteristics concerning the nature or location of the proposed operation, additional minimum liability insurance is necessary to adequately protect persons and property on or near the site of the operation. Similarly, the Planning Commission shall have authority to grant a partial waiver reducing the dollar amount of the insurance coverage required hereunder if the Planning Commission determines, in its sole reasonable discretion, that based upon the specific nature of the proposed operation, the property upon which it is located and/or the nature of the surrounding area, insurance coverage in such lesser dollar amount would adequately protect persons and property on or near the site of the operation.

A copy of the insurance policy shall be filed with the Township Clerk prior to commencing a special exception use approved hereunder. The deductible written into the insurance policy shall not exceed five (5) percent of the per incident limit of the liability of the policy. The coverage obtained by the owner/operator to fulfill the requirements of this Section shall include the provision that the insurer shall notify the Township Clerk in writing at least thirty (30) days before lapse or cancellation of the insurance for any reason.

K.

Home occupations: The planning commission, after a public hearing, may issue a special exception use permit to conduct a home occupation in any residential zoning district under the following conditions:

1.

The zoning district must list home occupations as a permitted use under special exception uses.

2.

Only one (1) employee shall be allowed other than family members residing on the same property.

3.

The occupation shall not disturb the neighbors within three hundred (300) feet of the property.

4.

There shall be no outside storage of materials, parts or finished products.

5.

The home occupation shall be operated only during the hours and on the days approved by the planning commission.

6.

The exterior of the dwelling or accessory building shall not be changed, in any way, to identify it as a business site.

7.

The business shall be allowed only one (1) sign as called for in the sign article of this ordinance.

8.

Home occupations operated in the RSF, RLF, or RMF zoning districts shall be operated entirely within the dwelling in an area not to exceed the lesser of three hundred (300) square feet or twenty-five (25) percent of the dwelling area, excluding the garage.

9.

Home occupations operated in the AG, SR and RR zoning districts may be approved for operating in either the dwelling or within an accessory building. When operated within a dwelling the area used shall not exceed three hundred (300) square feet or twenty-five (25) percent of the dwelling area, excluding the garage.

10.

No special exception use permit shall be granted for a home occupation which involves the use of any flammable materials.

11.

All home occupations shall be subject to annual review by the planning commission.

L.

Marina.

1.

Marinas: Prior to approval, by the Planning Commission, of a special exception use permit for a marina within the township, the planning commission shall make certain the following regulations and conditions are strictly complied with.

2.

Definition. A commercial facility, including three (3) or more waterfront boat slips, which provides for the servicing, storing, fueling, berthing, and/or securing of boats and that may include eating, sleeping, and retail facilities intended primarily for the owners, crews, and guests of boat owners using the marina, provided there are three (3) or more waterfront slips under a single control.

3.

Regulations and Conditions.

a.

Such facilities shall maintain, at all times, all required state and local licenses and permits.

b.

Marinas shall be located only on parcels contiguous to, and with direct access to, navigable water.

c.

Marinas shall not interfere with riparian interests or the integrity and quality of the water body.

d.

Vehicular ingress and egress to the marina shall be within the riparian owner's interest area, or written authorization shall be secured from an adjacent property owner granting such access.

e.

A Marina shall be similar in scale and character to adjacent structures and activities in the vicinity.

f.

The increased use of the water body associated with the marina shall not create congestion, reduce safety, or aggravate existing congestion and safety problems currently recognized. Marinas shall not constitute any navigational hazards, as determined by the Planning Commission.

g.

All Marinas shall provide watercraft sanitary holding tank pump out services, per Section 5 of Act 167 of 1970.

h.

Onshore storage of boats and/or trailers may only be incorporated in a Marina special use approval where the Planning Commission is satisfied that such storage will be effectively screened from view from adjoining properties and rights-of-way.

i.

A recreation carrying capacity analysis shall be required for the body of water where the marina is proposed. The analysis shall be conducted by a firm, organization, or group approved by the Yankee Springs Township Planning Commission, and shall include the following information:

1)

Estimated number of motorized boats that would utilize the proposed marina.

2)

Number of motor boats greater than twenty-five (25) horsepower that would utilize the proposed marina,

3)

The lake use rate as determined by an aerial flyover done on both a Saturday and a Sunday, with at least fourteen (14) days between the two (2) flyovers, done during the months of June, July, or August, and with the outside ground temperature above seventy (70) degrees and the weather not raining or overcast. One (1) of these flyovers shall be conducted between 10:00 a.m. and Noon, the other flyover shall be conducted between 2:00 p.m. and 4:00 p.m. Color photos shall be used to illustrate the survey of both flyovers.

4)

Shallowness ratio.

5)

Plant biomass.

6)

Usable lake area.

7)

Boat density per lake acreage.

8)

Topographic map of the lake.

9)

Total shoreline length.

10)

Unimproved shoreline footage for each parcel owner with ten (10) acres or more of land on the lake.

j.

Such recreation carrying capacity shall demonstrate to the satisfaction of the Planning Commission that the proposed marina with the number of motorized boats proposed shall not exceed the carrying capacity of the lake.

k.

All signs shall be in compliance with the provisions of Article 17 of this Ordinance.

l.

All off-street parking shall be in compliance with Section 12.10 of this Ordinance.

m.

Landscaping shall be provided in accordance with Section 5.10.1.c.(3) of this Ordinance.

n.

Any failure on the part of the operator to maintain proper licensing shall be grounds for the revocation of a Special Use permit for a Marina.

o.

Any dumpsters on site shall be enclosed on four (4) sides with an opaque fence equipped with a lockable gate and shall not be visible from any lot line.

p.

A Detailed Site Plan pursuant to Section 5.7, shall be required.

q.

Approved Marina SEU to be issued for a specific number of boats, only approved slips will be used for the securing of boats, no additional boats to be moored at the property.

M.

Master development plan for the resort and recreation zoning district: In place of the required site plan review for each structure the planning commission may approve a master plan for development of a parcel of land within the resort and recreation zoning district under the following conditions:

1.

The developer shall submit a five-year development plan incorporating all of the requirements of article V, pertaining to business site plan review including, but not limited to:

a.

All of the present uses of the property.

b.

All of the proposed uses of the property.

c.

All of the existing structures on the property.

d.

All of the proposed structures and other improvements to the property.

e.

All of the existing and proposed exterior lighting on the property.

f.

The location of all existing and proposed signs.

g.

A drawing indicating the size and design of each proposed sign.

h.

A time table for implementing the proposed plan.

2.

Prohibited developments: The development plan shall not include:

a.

Any habitable dwellings or buildings.

b.

Any camping or trailer sites.

3.

Amendments: Minor amendments to an approved master development plan may be approved in conformity with the requirements of article V, section 5.10. All other requests for amendments to the master development plan must be approved by the planning commission.

4.

Fees: The applicant shall pay the same fee for the master development plan as the township board of trustees has approved for other special exception use permits. No additional zoning permit fee shall be required for any part of the approved development during the five-year time period from the date of final approval by the planning commission.

N.

Nursing homes: Provided the applicant can demonstrate to the planning commission the need for the facility and the property is suitable for the purpose.

O.

Portable business: A portable business shall include, any business operated from a portable structure. Including, but not limited to, produce stands, buildings, trailers, mobile homes, concession trailers, motorized vehicles, tents, and similar structures.

1.

Produce stand exemptions: A portable business shall not include produce stands located in the agriculture zoning district providing:

a.

The produce stand is operated by the family living on the property; and

b.

All produce for sale at the stand is grown on the property.

2.

Local non-profit/charitable use exemption: A portable business associated with a local charitable or non-profit association and satisfying the conditions provided below shall be exempt from the special use requirements for portable businesses but subject to those specified below:

a.

Portable businesses associated with local charitable or non-profit organizations and complying with the requirements of this subsection shall be subject to an administrative review and shall not be required to obtain special use approval. A reduced fee may be charged by the township board if assigned in the fee schedule by resolution.

b.

Although exempt from the special use process, such portable businesses may still only be located in zoning districts that permit portable businesses.

c.

An applicant desiring to establish a portable business for a local charitable or non-profit use must submit an application to the zoning administrator prior to establishing the use for administrative review.

d.

In order to receive approval, the application materials shall demonstrate compliance with the setback, signage, licensing, hazardous products, and sound reproduction requirements for portable businesses as stated in the paragraphs below.

e.

The maximum duration of sales to be conducted by a portable business qualifying for this exemption shall be three days. No more than three such exempt permits shall be granted per calendar year.

f.

For the purposes of this section, a local charitable or non-profit organization is defined as a public institution, service club, organization with 501.c.3 status, or similar group or entity based in or around Yankee Springs Township.

3.

Required setbacks: All structures shall be located in conformity with the required setbacks for the property.

4.

Restrictions:

a.

No hazardous products such as gasoline, fuel oil, or fire works shall be sold or used as a promotion on the property.

b.

No sound reproducing systems shall be operated on the site.

c.

The sale of fireworks shall be conducted in compliance with all applicable Federal, State and local regulations regarding the sale, display, storage, transportation and distribution of such fireworks. The applicant shall demonstrate that they have obtained all necessary permits and approvals from other agencies prior to final authorization.

5.

Signs: Providing there are no signs located on the portable structure, one (1) sign, not exceeding thirty-two (32) square feet, may be located near the structure in addition to any approved signs existing on the property. Such signs shall be located at least ten (10) feet from the road right-of-way.

6.

Licensing requirements: Before an operating permit is issued each business shall provide the township clerk with a copy of all permits and business insurance required by law.

P.

Recreational facilities:

1.

Publicly owned and operated recreational facilities may be approved by the planning commission upon the submission of the following:

a.

The results of a study by an independent third party demonstrating:

(1)

The need for the facility and the number of people who can be expected to use the development on a daily basis.

(2)

The addition of the facility will not be detrimental to the environment of the area including any bodies of water.

(3)

The property on which the facility is to be developed is of adequate size to support the proposed facility and its users.

b.

Conformation, in writing, from the Barry County Health Department and the Gun Lake Sewer and Water Authority indicating their approval of the site and development including the water and sewerage disposal plan.

2.

The development shall be connected to all public water and sewer utilities provided they are located within two hundred (200) feet of the property.

3.

All utilities shall be located underground.

Q.

Sanitary landfills and solid waste disposal facilities: Prior to the approval by the planning commission of a special exception use permit for a sanitary landfill facility, the commission shall be certain that the following conditions and limitations are or shall be strictly complied with, in addition to any other requirements contained elsewhere within the township zoning ordinance, or in any other township ordinance controlling such operations. The following rules and regulations shall apply specifically to each landfill area, unless county or state regulations on any particular requirement are more restrictive, and then such more restrictive regulations shall apply.

1.

Application for this special exception use permit shall include the following:

a.

The name(s), complete address(es) and telephone number(s) of the applicant(s).

b.

The name(s), complete address(es) and telephone number(s) of the owner(s) of the property to be used as a landfill or disposal site.

c.

The name(s), complete address(es) and telephone number(s) of three (3) people who will be responsible for the operation of the project and can be contacted at any time should it be necessary to do so.

d.

The address and property identification number(s) of the property to be used as a landfill or disposal site.

e.

A full, legal description of the parcel(s) wherein the landfill or disposal site is proposed.

f.

A list of all of the types of equipment, including off-site trucks, to be used on the site during the complete operation including the restoration process. Only those types of equipment on the list shall be used on site.

g.

The starting and completion dates of the project, if less than ten (10) years.

h.

The type of materials to be allowed in the landfill or disposal site.

i.

A topographic survey map(s) on a scale not less than one (1) inch equaling one hundred (100) feet, showing at five-foot intervals the:

(1)

Existing grades of the site prior to any earth removal.

(2)

Grades of any proposed excavation.

(3)

The proposed finished grades after restoration.

No use of the land will be allowed outside of the agreed upon perimeters, including excavating of any kind, storage of equipment or stockpiling of any debris such as trees or stumps.

The topographic map(s) shall be amended annually to include each phase. Said map(s) shall be prepared and sealed by a registered civil engineer or land surveyor.

j.

A map of the property, drawn by a registered surveyor, including:

(1)

Dimensions of the property, including the number of acres and the location of the area of the property to be used during the each twelve-month period after the commencement of operations.

(2)

The location of abutting streets and whether they are state or county primary roads.

(3)

The location of any new roads to be constructed on the site.

(4)

All improvements to be constructed on site.

2.

Pre-start-up meeting:

a.

A pre-start-up meeting shall be held at least two (2) weeks before any equipment is moved onto the project site, and each year on the anniversary date of the project's beginning. The meeting shall include a representative of the township board of trustees, the township planning commission and the company holding the special exception use permit. It shall also include the on site-manager for the company doing the actual on-site work. The meeting shall be to review the conditions, requirements and regulations of the special exception use permit.

b.

No equipment shall be moved onto the property until those involved in the meeting are satisfied that the conditions, regulations and requirements of the project are understood.

3.

On-site operations:

a.

Operating schedule:

(1)

Because Yankee Springs Township is a large tourist area, no on-site operations shall be allowed on Sundays or legal holidays.

(2)

No operations shall be permitted prior to 7:00 a.m. and after 5:30 p.m.

(3)

All operations shall end by to 5:30 p.m. daily except maintenance and repair shall be permitted between 7:00 a.m. and 7:00 p.m. No operations shall be allowed on Sundays or legal holidays.

b.

Qualified personnel on duty: Qualified personnel shall be on duty at all times to direct the dumping, spreading, compaction and covering of materials.

c.

The holder of the special exception use permit shall furnish the township clerk with a set of keys to the site.

d.

Site Locations:

(1)

All landfills or waste disposal facilities shall be located on a state highway or county primary road, as defined by the Barry County Road Commission, for ingress and egress thereto, and on a road that does not create traffic through an area developed primarily for residential purposes.

(2)

Where necessary the planning commission may require the applicant to construct and/or improve a road to accommodate the truck travel necessitated by the operations, as a condition of such operation, and for the purpose of routing traffic around residential areas.

(3)

A stop sign shall be erected at all egress roads of the disposal area. Under no circumstances shall trucks use private drives or private access routes from the applicant's property which are within one hundred fifty (150) feet of any residence.

(4)

Sufficient setback shall be provided from all property lines and public highways to assure adequate lateral support for adjacent public and private property.

4.

Adjacent public or private property:

a.

No disposal area shall be permitted closer than five hundred (500) feet from all property lines.

b.

No disposal area shall be permitted closer than five hundred (500) feet to any house or within five hundred (500) feet of any residential district

c.

No disposal area shall be permitted closer than five hundred (500) feet to adjacent public rights-of-way, property lines or lakes and streams.

d.

No disposal area shall be permitted where adjoining lateral support for the maintenance of adjoining land is not maintained.

5.

Any permanent processing plant and its accessory structures shall not be located closer than five hundred (500) feet from the interior boundary lines. In addition, if built within one thousand (1,000) feet of a residence, it shall be obscured by a suitable barrier, not less than ten (10) feet high, with screening, of a type to be decided on an individual basis, by the planning commission at the time of application. Where practicable, the processing plant shall be as close to the center of the subject property as possible, and at a lower level than the surrounding terrain to lessen the visual and noise impact. The foregoing shall not apply to the stockpiling or excavating apparatus, nor to the stock piling or loading and transportation equipment.

6.

No disposal area shall interfere with the established natural flow of surface waters, to the detriment or damage to adjoining public or private properties. The planning commission shall have the right to require an applicant to construct sediment basins if it appears that substantial sediment may be carries into any nearby watercourse.

7.

Any sanitary landfill area, located within the boundaries of the township, whether publicly or privately owned, shall be open to township residents, property owners and businesses, during established business hours, at a rate competitive with other disposal areas in southwestern Michigan. Other persons or properties may also be granted access to a public facility, subject to paying charges as determined by the public body having jurisdiction.

8.

Private waste disposal areas shall provide service to all persons and businesses, regardless of where located. Special handling fees may be charged for bulky or difficult to process items. Hazardous materials, as defined in p.a. 64 of 1978 for the State of Michigan and defined by the Department of Natural Resources in its Hazardous Waste Management Rules, Sections R299.630 through R299.6317 inclusive, containing Rules 301-317 exclusively, and dated February 5, 1981, are prohibited.

9.

Greater isolation distances may be required by the planning commission if the sanitary landfill area being proposed, is adjacent to special quiet zones, as designated by local or state government.

10.

Sight barriers and fencing:

a.

Sight barriers shall be provided along all setback lines of the sites which lack natural screening conditions through existing contours or evergreen growth. Such barriers shall consist of the following: A berm of at east ten (10) feet in height and plantings of evergreen trees, not more than ten (10) feet apart, or shrubbery, not more than five (5) feet apart, in staggered rows, on the berm, parallel to the boundaries of the property. Evergreens shall be at least two-year transplants at the time of planting, and shall grow to not less than ten (10) feet in height, and shall be sufficiently spaced to provide effective sight barriers when ten (10) feet in height. Trees or shrubs which die must be replaced.

The requirements for screening by means of a berm and plantings may be reduced or eliminated by the planning commission if the particular site and terrain of the subject property (with screening of a reduced height), will afford adequate sight barriers for the adjoining property owners, residents or passers-by.

b.

The sanitary landfill area shall be fenced with an eight-foot high chain link fence with three (3) strands of barbed wire, angled forty-five (45) degrees toward the outside of the premises, on the top. Such fence shall be located inside of any berms or screening following the exterior boundaries.

The entrance to the sanitary landfill area shall have a gate, which shall be closed and locked at all times that the landfill is not open.

11.

Nuisance abatement:

a.

Air pollution, noise and vibration, and their effect upon adjacent properties shall be minimized by the utilization of adequate soundproofed equipment and buildings designed to accomplish such minimization, and by the proper use of berms, walls and natural planting screens. Interior and adjoining roads used in the solid waste disposal operations shall have their surfaces treated to minimize any condition.

b.

Rodent traps, if needed, shall be placed every one hundred (100) yards, around the perimeter of the sanitary landfill area, inside the fence, and shall be regularly inspected and cleaned, not less frequently than once each week.

c.

Any security lighting deemed necessary by the owner/operator shall be of the sodium vapor type and shall be aligned so that no part of the illuminated field shall fall on any adjacent property.

d.

Every sanitary landfill facility, which accepts refuse, shall have an adequate water supply and facilities for quick recovery of water to any part of the property, for the purpose of extinguishing fires. Capacity shall be such that at least fifty (50) gallons per minute can be applied to any fire, continuously, for at least ten (10) hours. The source of the water supply and the facilities to provide for the delivery of the water shall be indicated on the plans submitted for approval by the planning commission.

e.

All litter shall be collected from the sanitary landfill site at the end of each working day and either placed in the fill, compacted and covered that day, or stored in a covered container.

12.

During winter operations, snow and ice shall be removed before any material, either refuse or earth cover, is placed on the fill. A supply of unfrozen earth cover material shall be maintained and available, either in protected stockpiles or in a natural bank protected from, or not subject to freezing. Frozen cover materials shall not be placed on the fill.

13.

Prior to the commencement of the construction of any landfill within the township the owner/operator of the proposed landfill shall obtain from each lake, stream, creek, watercourse and water well, a water sample for complete chemical analysis. These water samples shall be taken from each of the aforementioned water sources within one-mile radius of the exterior boundaries of the property acquired for the construction of the landfill. These samples shall be marked with the exact location from which they were obtained, the name and address of the property owner who owns the land from which the water sample was taken, and the name and address of the principal user of the water well, if different from the property owner upon which the well is located.

The owner/operator of the proposed landfill shall turn these samples over to an accredited laboratory for complete analysis. The results of the individual analysis shall be certified by the laboratory, and then filed with the township clerk, for the purpose of future reference, should there, at some later date, be suspected groundwater contamination. In addition, copies of the quarterly monitoring test well results shall be delivered to the township promptly upon receipt by the owner/operator.

14.

Liability insurance:

a.

All applicants shall be required to carry personal injury and property damage insurance, in addition to any and all bonds required by state statute, while any open or unrehabilitated area exists. Such insurance shall be in the amount of not less than one million dollars ($1,000,000.00) for each person injured or property damaged, or for any injury or damage to more than one (1) person or one (1) person's property, arising out of one (1) occurrence. Such insurance shall cover injury or damage occurring upon the site of the operation, as well as upon properties adjoining thereto, as the result of conditions or activities existing upon the site. Such policies shall be filed with the township clerk, and shall be maintained in effect for a period of not less than twenty (20) years following final closure and termination of sanitary landfill activities.

b.

The deductible written into the insurance policy shall not exceed five (5) percent of the per incident limit of the liability of the policy. The coverage obtained by the owner/operator, to fulfill the requirements of this section, shall include the provisions that the insurer shall notify the township thirty (30) days prier to the cancellation of the insurance for any reason.

15.

Closure of disposal area: Reclamation or rehabilitation of sanitary landfill areas shall be accomplished as soon as practicable following the completion of the area. Where possible, such rehabilitation or reclamation shall be accomplished concurrently with the facility's operation. Substantial completion of reclamation and rehabilitation shall be effected within two (2) years after the termination of the waste disposal facility. In activity for twelve (12) consecutive months shall constitute, for this purpose, termination of the disposal activities. Technical standards which shall control the final reclamation and rehabilitation of the site, and the post-closure monitoring of the site shall be the rules and regulations written by the department of natural resources, resource recovery division. Solid waste management for the State of Michigan compiled laws and known as "The Solid Waste Management Act," or other similar acts which may provide such regulation hereafter.

16.

No sanitary landfill activities shall be allowed or commenced until a plan has been submitted to the township planning commission, disclosing, compliance with all of the provisions within this ordinance, or the manner in which compliance will be secured by the applicant. Such plans shall include, among other things, the following:

a.

A contour map of the tract of land involved in the operations, including dimensions of the same, access thereto, abutting public streets, and whether or not the same are on state or county primary.

b.

Roads, additional roads, if any, to be constructed and the location and nature of abutting improvements of adjoining properties.

c.

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

d.

The type of sanitary landfill proposed to be constructed, the nature of the equipment to be used and the materials to be accepted.

e.

A survey, by a registered surveyor, showing the location of the principal disposal site and the distance of any proposed operations, and the boundaries of the site.

f.

A map disclosing the approximate final grade and the levels to be established following completion of the disposal areas, including the proposed uses being contemplated for the future use of the land, and other such maters as may evidence the bonafide nature of the rehabilitation plans and the fact that the land will not be devastated and rendered unusable by the proposed waste disposal area.

g.

A map disclosing the location of all lakes, streams, creeks, watercourses and water wells from which the samples will be taken for analysis, as stipulated.

h.

A written agreement, signed by the owner/operator of the proposed disposal area, agreeing to abide by the following plan for solutions to groundwater contamination, should such contamination occur as a result of, or suspected result of his disposal operations.

17.

A trust fund for the mitigation of landfill problems:

a.

A trust fund shall be established at a convenient bank, within the county, chosen by the township board of trustees. The operator shall agree to pay ten cents ($0.10) per cubic yard of waste disposed of, into this trust fund, for the life of the sanitary landfill. Expenditures from the trust fund are to be approved by a committee consisting of one (1) citizen appointed by the township board, the township supervisor, and one (1) representative of the owner/operator.

b.

The funds may be used, but are not limited to off site litter control, groundwater and surface water monitoring and payments to adjacent property owners, and others, at the discretion of the committee, for damages proven to have been caused as a result of the sanitary landfill or its operations. The trust fund shall exist and earn interest for twenty (20) years following closure, and at that time the funds remaining shall be paid to the owner/operator or its successors or assigns.

c.

The mitigation of environmental degradation shall be accomplished by limiting the amount of new leachate produced; steps shall be taken which restrict the movement of existing pollutants in the water. When domestic should any water wells lie in the path of a contaminated plume, one (1) of the following possible solutions to the problems of public health hazard and environmental degradation shall, at the discretion of the township be required of the owner/operator of the landfill:

(1)

Immediate purging of the groundwater. Studies must be conducted, at the expense of the owner/operator of the waste disposal area, to determine the extent of the groundwater contamination, cleanup required, and the timetable by which the cleanup will proceed.

(2)

Provision of an alternate water supply. This shall include, but not be limited to:

(a)

Locating uncontaminated groundwater.

(b)

Providing bottled water. This shall be a temporary measure, designed to prevent health hazards until another system can be prepared. This service should be terminated once a permanent system becomes operational.

(c)

Hooking into an existing municipal water system.

(3)

An owner/operator of a sanitary landfill reasonably suspected of contamination of the groundwater shall guarantee the cost of the construction of the extension of a municipal water line to the affected area, and the cost of the hookup to this water supply. The township shall pay for any over sizing of the line to permit the extension of service to areas not affected by the leachate. The owner/operator of the sanitary landfill may make an unrestricted cash payment to the township to carry out its responsibility to the residents in obtaining for them uncontaminated water.

This option shall be at the discretion of the proper authority. If the water is available to the residents of the affected area, the operator will assume sole responsibility for establishing water rates, assessments and connection charges, and for the granting of waivers from any of these charges to residents whose water supply is endangered by the leachate and for policies governing the system operation and waiver policy.

If the township does not agree to make water available to its residents, the entire issue shall revert back to the landfill owner/operator's responsibility. The township shall assume no responsibility or liability for any injuries or property damage resulting from the sanitary landfill operations.

18.

Financial guarantee shall be given to township:

a.

Financial guarantee shall be given to the township insuring the proper closure and rehabilitation of the solid waste disposal area. The amount of the guarantee shall not be less than five thousand ($5,000.00) dollars per acre of disposal area, but not less than twenty thousand ($20,000.00) dollars nor more than two hundred thousand ($200,000.00) dollars for the area proposed to be licensed by the state, or which has previously been operated upon during any preceding period and which has not been reclaimed or rehabilitated.

b.

All such financial guarantees shall be reviewed annually on or about the anniversary date of the sanitary landfill construction permit, for adjustment in compliance of the foregoing requirements by the zoning administrator of the township or other such official as may be designated by the township board. In this regard the amount of the financial guarantee may be increased or decreased, based upon the Cost of Living Index, promulgated by the U.S. Department of Labor using the effective date of this ordinance amendment (July 14, 1994) as the base period for the per acre, minimum and maximum amounts of the guarantee. Such financial guarantee shall be in the form of cash, certified check, an irrevocable bank letter of credit or a corporate bond of a licensed insurance company, eligible to insure disposal facilities in the State of Michigan. The corporate bond, if it is used, shall be a performance bond which shall be filed with the township clerk governing all portions of the sanitary landfill operation required to be maintained in accordance with these regulations, guaranteeing the satisfactory performance of these regulations. The bond shall not be cancelable for nonpayment of premium on disposal areas already worked, and shall continue in force for one (1) year after closure and reclamation of the sanitary landfill facility.

c.

For all sanitary landfill areas, the minimum financial guarantee shall be at least twenty thousand dollars ($20,000.00), provided to the township, if less than five (5) acres are required to be covered by the financial guarantee at any time. The bond shall be filed with the township clerk before the permit is issued, and on or before the first of each year, thereafter.

d.

A recommendation by the planning commission and approval by the township board of trustees shall be based upon the criteria set forth within said ordinance and shall be based in consideration of the following:

(1)

The most advantageous use of the land, resources and property.

(2)

The character of the area in question and its particular suitability, if any, for the particular use.

(3)

Conservation of property values as well as natural resources and the general appropriate trend and character of development in the subject area.

(4)

The protection and preservation of the general health, safety and welfare of the township.

(5)

The scarcity or value of waste disposal areas as compared with the effect upon adjacent communities near the proposed operation.

19.

Existing sanitary landfill operations: All licensed sanitary landfill operations existing on the effective date of this ordinance shall be subject to the within regulations with regard to future operations; however, such pre-existing disposal areas shall be allowed to continue in operation on its then existing land. A special exception use permit shall not be required therefor.

R.

Sawmills: Saw mills may be permitted on parcels located in the agriculture zoning district with the issuance of a special exception use permit subject to the following:

1.

Parcel size: The minimum size parcel shall be ten (10) acres.

2.

Noise abatement:

a.

No sawmill shall be operated within one hundred fifty (150) feet from any property line.

b.

Sawmills operating any internal combustion engines shall be required to have mufflers installed and operating at any time the engine is operated.

3.

Maximum operating hours: Shall be 7:00 a.m. to 7:00 p.m. six (6) days a week.

4.

Safety:

a.

The sawmill shall comply with all building code and safety regulations.

b.

All structures and machinery shall be completely enclosed and locked at the end of each day.

5.

Inspections: The building inspector and any specialty trade inspectors shall make annual inspections of the site to determine the equipment and structures are in good condition and proper operating order.

a.

The cost of such inspections shall be paid by the owner of the saw mill before the inspections take place. Should the owner neglect to pay for the inspections before the inspection date, each year, the special exception use permit may be terminated after a hearing before the zoning board of appeals.

b.

The annual inspection shall be made the first working day of each year, after the anniversary date of the granting of the special exception use permit.

6.

Dust and rodent prevention:

a.

The driveway to the site shall be paved for a distance of one hundred (100) feet from the existing road as a means of keeping the dirt and dust away from the road.

b.

All waste materials shall be removed from the property to an approved site on a regular basis, not to exceed six (6) months.

7.

Closing of the sawmill: Any sawmill not operated for a period of twelve (12) months, or upon the cancellation of the special exception use permit, shall be removed from the property and the site returned to its original condition.

8.

Insurance: The owner of the sawmill shall provide the Yankee Springs Township Clerk with a copy of his business liability insurance naming the township as a co-insured. Such policy shall not be canceled without notification to the township clerk.

9.

Additional conditions: The planning commission reserves the right to add such additional conditions as it feels necessary in approving the special exception use permit.

S.

Seasonal tent and travel trailer campgrounds:

1.

Seasonal tent and travel trailer campgrounds, including recreational areas incidental thereto, must contain at least five (5) acres in area.

2.

Areas designated for travel trailers, camp trailers and/or tent trailers must meet the applicable requirements of the Michigan Campground Act No. 171 of 1970, as amended, and such rules and regulations as may be promulgated thereunder by the state health department.

3.

Any sale of foodstuff or merchandise shall be clearly incidental to the needs of the occupants and users of the seasonal camping grounds and recreation areas while therein and shall consist of packaged merchandise only.

4.

Activities shall be adequately screened from adjoining residentially developed or zoned property by an evergreen planting at least five (5) feet in height at the time of planting. In addition, the area must be fenced by fence constructed in a manner approved by the planning commission.

5.

All facilities shall be provided with safe and adequate sanitation and drinking facilities constructed to meet the requirements of the Barry County Health Department.

6.

Fires shall be built only in picnic stoves or other equipment or space designated by the park owner. It shall be unlawful to cause any other fire whatsoever in any park, playground or recreation area.

7.

No person shall deposit or abandon any garbage, refuse, sewage, trash, waste or other obnoxious material except in receptacles provided for such purpose and the grounds must be maintained in a clean and orderly manner at all times.

8.

The owner or operator shall be responsible to regulate the noise and litter so as to not be detrimental to the use and enjoyment of adjoining property, as determined by the zoning board of appeals.

9.

Overnight camping shall be restricted to areas designated and posted for this purpose as authorized in the campground permit. Such areas shall be setback at least one hundred fifty (150) feet from adjoining residentially used or zoned property.

10.

Adequate off-street parking must be provided to ensure adequate parking space to meet the reasonably foreseeable demands anticipated for the campground or recreation area or playground facilities.

11.

Vehicular entrances into and exits from the campground or recreation area shall be constructed with approach lanes approved by the Barry County Road Commission so as not to interfere with moving traffic.

12.

Dogs and other pets allowed in the campground and recreation area shall be kept on a leash not longer than ten (10) feet in length.

T.

Wireless communication support structures: Wireless communication support structures may be permitted in Yankee Springs Township subject to the following conditions:

1.

The structure shall be located on a site of not less than thirty thousand (30,000) square feet in area and one hundred sixty-five (165) lineal feet of road frontage.

2.

The structure shall be located in agriculturally zoned areas. No structures shall be located in residentially, commercially, or industrially zoned areas.

3.

The structure shall be of monopole construction, whenever possible, and painted white, gray, silver or red and white, and be constructed so as to hold not less than three (3) wireless communication facilities.

4.

The maximum height of the tower shall be the minimum height demonstrated to be necessary by the radio frequency engineer of the applicant. However in no case shall the height of the tower exceed two hundred (200) feet above finish grade.

5.

The site plan for the structure shall be accompanied by a signed certification by a registered engineer regarding the design integrity of the structure and the manner in which the structure may fall. This will enable the township to determine appropriate setbacks.

6.

Towers shall not be artificially lighted, unless required by the F.A.A. if such lighting is required, it shall be of the flip-over type and shall be directed away from any residential property while causing the least disturbance to surrounding properties.

7.

Whenever possible, proposed wireless communication facilities shall co-locate on existing buildings, structures or wireless structures. If a provider fails to permit co-location, on an existing structure, such structure shall be declared a non conforming structure and shall not be altered or expanded in any way.

8.

The wireless communication structure shall be removed within one hundred eighty (180) days after any of the following has occurred:

a.

The reception and/or transmission of radio signals from the wireless communication structure has not occurred for a period of ninety (90) consecutive days.

b.

Ninety (90) days after new technology is available which permits the operation of a facility without the necessity of a wireless communication structure,

c.

The antennae or other equipment has been removed from the structure. Yankee Springs Township may secure the removal of the structure thirty (30) days after notifying the property owner and wireless communication structure operator of the need to remove the structure. All costs of removing the structure and it's associated equipment shall be charged to the operator and/or property owner, at the rate of one hundred twenty-five (125) percent of the actual costs of removal and may be entered as a lien against the property.

9.

Accessory buildings and structures shall not exceed six hundred (600) square feet in area.

10.

Where the property line of a site containing a wireless communication structure abuts a residentially zoned or used area, the operator shall provide a planting screen sufficient in density and height so as to have immediate buffering impact on the adjacent site. In addition there shall be no interference with reception of any kind on any adjacent sites.

11.

There shall be no advertising of any kind, located on the site, visible from the ground or other structures other than required for emergency purposes.

12.

The minimum spacing between tower locations shall be two (2) miles, measured by a straight line.

13.

All signals and remote control conductors of low energy extending horizontally between structures or towers, shall be located underground or elevated at least eight (8) feet above the ground.

14.

Support structures shall comply with all applicable state, federal, and local regulations and codes.

15.

The base of the tower and all cable anchors and/or supports shall be fenced with a minimum six-foot high fence.

16.

All towers shall be equipped with nonclimbing devices.

U.

Portable Business for Fireworks Retail Sales: Effective January 1, 2012, the Michigan Fireworks Safety Act 256 of 2011 allows the sale and use of consumer fireworks such as Roman candles, bottle rockets and other items that leave the ground. Novelty items such as sparklers, snakes, snaps and poppers are not regulated under the Michigan Fireworks Safety Act 256. Low impact fireworks such as ground sparkling devices, ground-based or handheld sparkers remain legal for sale and use, provided the retailer registers online each calendar year at least ten (10) days before the low-impact fireworks are sold. (Michigan Department of Licensing and Regulatory Affairs—Bureau of Fire Services.)

1.

Portable businesses which sell consumer-grade fireworks and comply with the requirements of this subsection T. shall be subject to an Administrative Review and shall not be required to obtain Special Use Approval from the Planning Commission.

a.

The sale of fireworks shall be conducted in compliance with all applicable Federal, State and local regulations regarding the sale, display, storage, transportation and distribution of such fireworks. The applicant shall demonstrate to the Zoning Administrator that they have obtained all necessary permits and approvals from the State of Michigan prior to final authorization as follows:

i.

Proof of current certification to sell Consumer Fireworks issued by the State of Michigan after April 1st of the current year.

ii.

Copy of Applicant's currently valid Michigan Sales Tax license, including account number.

iii.

Proof of ten million ($10,000,000.00) dollars Insurance Policy.

iv.

A notarized felony affidavit.

v.

Permanent Facility Floor Plan or Temporary Structure (Tents and Stands) Site Plan.

vi.

Application Fee of eighty ($80.00) dollars payable to Yankee Springs Township.

b.

A reduced fee may be charged by the Township Board if assigned in the fee schedule by resolution.

c.

Despite exemption from the Special Use process, such portable businesses may still only be located in zoning districts that permit portable businesses.

2.

Required setbacks: All structures shall be located in conformity with the required setbacks for the property.

3.

Restrictions:

a.

No hazardous products such as gasoline or fuel oil shall be used or sold within two hundred (200) feet of the portable structure, nor shall the detonation of fireworks be used as a promotion or demonstration on the property.

b.

No sound reproducing systems which transmit the sound beyond the footprint of the structure shall be operated on the site.

4.

Signs: Providing there are no signs located on the portable structure, one (1) sign, not exceeding thirty-two (32) square feet, may be located near the structure in addition to any approved signs existing on the property. Such signs shall be located at least ten (10) feet from the road right-of-way.

V.

Keeping of chickens:

1.

Definitions: The following definitions shall apply for purposes of this section only:

a.

Coop: A structure intended to house and secure chickens.

b.

Run: A fenced or enclosed outdoor space for chickens.

2.

Requirements: The keeping of chickens is allowed by an owner or occupant of a single- or two-family dwelling as a special exception use, subject to the following requirements:

a.

The lot or parcel shall be provided a minimum lot width of seventy-five (75) feet if served by public sewer, and a minimum lot width of one hundred (100) feet if not served by public sewer.

b.

A maximum of four (4) chickens are allowed on a lot or parcel of twenty thousand (20,000) square feet or more in area, plus four (4) additional chickens are allowed for each additional ten thousand (10,000) square feet of lot or parcel area.

c.

The keeping of roosters is prohibited.

d.

Chickens shall be provided with a coop and must be kept within the coop or an adjoining run (fenced enclosure) at all times. The coop and run are not subject to the outbuilding standards established by Section 12.7 but shall meet the following requirements:

1)

The coop and run shall be located in the rear yard and shall be located no closer than ten (10) feet to any property line and no closer than eighty (80) feet to any residential dwelling on an adjacent property.

2)

The coop shall be constructed and maintained in such a way as to prevent rats, mice, or other rodents or vermin from being harbored underneath or within the walls of the coop.

3)

The coop and run shall be constructed in a workmanlike manner. The use of tarps, fabric, rubber, paper, cardboard, or similar materials is prohibited.

e.

All feed and chicken care items likely to attract rats, mice, or other rodents shall be secured and protected in metal containers.

f.

Provisions must be made for the storage and removal of manure. Manure shall be covered, stored, and confined in such a manner as to not allow the manure or its odors to spread onto abutting properties.

g.

The enclosed areas where the chickens are kept shall be maintained in a clean and neat manner at all times. The keeping of chickens is subject to the Yankee Springs Township general ordinances pertaining to noise, odors, dust, fumes, sanitation and health or other comparable nuisances to ensure the public health, safety and welfare.

h.

The outdoor slaughtering of chickens is prohibited.

i.

The keeping of chickens shall be done on a noncommercial basis and be exclusively used by the people occupying the property as a locally grown food source for the consumption of eggs or meat.

(Ord. No. 03-01-07, § IV, 3-8-2007; Ord. No. 04-01-08, § III, 4-10-2008; Ord. No. 05-05-11, § II, 5-12-2011; Ord. No. 09-01-12, § I, 9-13-2012; Ord. No. 06-01-14, § I, 6-12-2014; Ord. No. 10-01-2017, § II, 10-12-2017; Ord. No. 03-02-21, § II, 3-11-2021; Ord. No. 02-08-2024-2, § 2, 2-8-2024, eff. 2-25-2024)