As Amended: October 12, 2009 Article 6

General Provisions

ARTICLE 6
GENERAL PROVISIONS

SECTION 6.100
ACCESSORY STRUCTURES AND USES

Section 6.101 Accessory Structures.

The following shall apply to all new accessory structures in the Township, and to alterations,
renovations, expansions or other work that includes exterior changes to existing structures:

A. General Standards.
The following shall apply to accessory structures in all zoning districts:

1. Timing of construction. An accessory structure may be constructed or

established on a parcel before or at the same time a principal building or use is
being constructed or established on the same parcel of land.

2. Zoning permit. Accessory structures require approval of a zoning permit,

unless specifically waived by the Zoning Administrator.

3. Vehicle shelters. Temporary or permanent vehicle shelters shall be considered

accessory structures, and shall comply with the requirements of this Section.

4. Location in proximity to easements or rights-of-way. Accessory

structures shall not be located within a dedicated easement or right-of-way.

B. Attached Accessory Structures.

Accessory structures attached to a principal building shall conform with the minimum
required yard setbacks specified in Article 4 (Dimensional Standards).

C. Detached Accessory Structures.

Accessory structures not attached to a principal building shall be subject to the
following:

1. Front and rear yards. Detached accessory structures in any front or rear yard
area in any zoning district shall conform with the following standards:

a. All detached accessory structures shall be prohibited within any minimum

required yard setbacks from road rights-of-way, as specified in Article 4
(Dimensional Standards).

b. A maximum of one (1) detached accessory structure that is greater than

200 square feet but less than 800 square feet in floor area (such as a

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private garage) shall be permitted within a non-required front yard area

or area between the front of a principal building or dwelling and any road
rights-of-way, subject to the following:

(1) The structure shall be located outside of any minimum required

yard setback from road rights-of-way.

(2) Exterior finish materials on the detached accessory structure shall

match or be coordinated with existing finish materials on the
principal building or dwelling.

(3) Exterior finish materials, including siding and roofing materials,

shall be integrated around the entire structure prior to use or
occupancy.

(4) The width of the structure as viewed from abutting road rights-of-
way shall not exceed fifty percent (50%) of the lot width.

c. Sheds and similar detached accessory structures that are less than 200
square feet in floor area shall also be subject to the following:

(1) Such structures shall be prohibited within any yard area between
the front of the principal building or dwelling and any road rights-
of-way.

(2) Such structures shall also be prohibited within the required front
and rear yard areas of a waterfront lot.

(3) For non-waterfront lots, a maximum of one (1) shed less than 200
square feet in floor area shall be permitted within a required rear
yard area, provided that the structure shall be set back a
minimum of six (6) feet from the rear lot line.

2. Side yards. Sheds and similar detached accessory structures that are less than
200 square feet in floor area shall be set back a minimum of six (6) feet from all
side lot lines. All other detached accessory structures shall conform with the
minimum required side yard setbacks specified in Article 4 (Dimensional
Standards).

3. Corner lots and double-frontage lots. Also see Section 4.201 (Front Yards)
to determine how to apply yard standards to accessory structures located on a
corner lot or double-frontage lot.

4. Additional setbacks for large accessory structures. Where a detached

accessory structure’s gross floor area exceeds the principal dwelling’s ground
floor area, the accessory structure shall conform with all minimum required yard
setbacks specified in Article 4 (Dimensional Standards).

5. Height. Height of detached accessory structures shall conform to the following:

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MAXIMUM HEIGHT (feet)

Sheds and other detached accessory structures

12.0
less than 200 square feet in floor area
Any detached accessory structure with a flat-roof 12.0
Private garages and other accessory structures
18.0
200 square feet or greater in floor area

D. Temporary Accessory Structures and Uses.

Temporary accessory structures and uses shall comply with the use standards of Article
3 (Land Use Table), and the design standards of Section 6.707 (Temporary Uses).

E. Boathouses and Waterfront Structures.

Boathouses and waterfront accessory structures shall comply with the use standards of
Article 3 (Land Use Table), and the design standards of Section 5.708 (Boathouses and
Waterfront Structures).

F. Accessory Structures on Vacant Residential Lots.

In the R-1 (Single-Family Residential) District, a maximum of two (2) detached
accessory structures shall be permitted on a vacant lot, as defined in Section 18.02
(Definitions). This provision shall not apply to any lot associated with a principal
dwelling on an abutting lot or located across a road right-of-way from a waterfront lot,
provided that such lots are under the same ownership.

Section 6.102 Fences.

All fences and similar enclosures shall conform to the following:

A. General Standards.
The following shall apply to fences in all zoning districts:

1. View obstructing fences over four (4) feet in height shall be set back a minimum
of 25 feet from any road right-of-way.

2. Use of razor or barbed wire, electrified fences, spikes, and similar security
materials on any fence shall be prohibited, except as follows:

a. Barbed or electric wire fences shall be permitted accessory to permitted

Animal and Agricultural Uses in the A-1 (Agriculture-Conservation)
District.

b. Barbed wire cradles may be placed on top of fences enclosing public

utility and essential service uses in any zoning district.

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c. The Zoning Administrator or Planning Commission may approve use of

razor or barbed wire, electrified fences, spikes, and similar security
materials on any fence where deemed necessary for security purposes or
public safety.

3. It shall be unlawful to erect a fence consisting of tires, vehicle parts, rotting

lumber, pallets, trash or any materials capable of providing habitat for pests or
vermin.

4. Walls and fences shall comply with the unobstructed sight distance standards of
Section 4.304 (Corner Clearance Areas).

5. Where one side of a fence or wall has a more finished appearance than the
other, the side with the more finished appearance shall face the road or adjacent
lots (see illustration).

6. All fences regulated by this Section shall be located within the lot boundaries.
Such fences shall be prohibited within any public or private road right-of-way,
the improved travelway or paved area of any established road, and within any
established ingress/egress easement.

7. All metal fence components in the R-1 (Single-Family Residential) District shall be
galvanized, painted, or otherwise treated and maintained in a rust-free condition.
Fences adjacent to the boundary of a lot or road right-of-way in the R-1 District
shall be limited to chain-link, ornamental, privacy, rail, and similar types of fence
as permitted by this Section.

B. Height.
Fences shall not exceed six (6) feet in height, except where the Planning Commission
may approve a taller fence for security purposes as part of site plan review.

1. Fence height shall be measured from ground level adjacent to the highest point
of the fence. Fill shall not be used for the purpose of achieving a higher fence
than otherwise permitted.

2. Where the grade is not level, the maximum fence height shall be equal to the
average fence height within four (4) feet of any fence post (see illustration).

C. Waterfront Lots.
On waterfront lots, it is the intent of this Section that the location, height, and design of
fences shall not obstruct views of the water. For this purpose, fences on such lots shall
be subject to the following:

1. Privacy fences and other fences that would block vision through the fence to an
extent greater than fifty percent (50%) shall be no closer than 25 feet from the
ordinary high water mark of the stream, river, pond, lake or other body of water.

2. Ornamental fences, rail fences, chain-link fences, and similar types of fences that
do not block vision through the fence to an extent greater than fifty percent

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(50%) shall be permitted on private lots within 20 feet of the ordinary high water
mark.

D. Maintenance.
Fences and walls shall be maintained in good condition, so as not to endanger life or
property. Such maintenance shall be the responsibility of the owner of the property on
which the fence or wall is located. Rotten, crumbled or broken components shall be
replaced, repaired, or removed, and exposed surfaces shall be painted, stained or
similarly treated.

Any fence or wall which, through lack of repair, type of construction, or otherwise,
imperils life or property, shall be deemed a nuisance, and the Zoning Administrator shall
notify the owner of the property upon which the fence or wall is located of the existence
of such a nuisance. Such nuisances shall be abated within 30 days after receipt of such
notice.

E. Existing Fences.
Fences lawfully erected prior to the effective date of adoption or amendment of this
Ordinance that do not conform with provisions of this Section shall be considered
nonconforming structures subject to the provisions of Article 16 (Nonconformities).

F. Permit Required.
Construction, alteration or relocation of fences in any zoning district shall be subject to
approval of a zoning permit by the Zoning Administrator. It shall be unlawful for any
person to construct or cause to be constructed any fence upon any property within the
Township limits without having first obtained all necessary permits.

Section 6.103 Swimming Pools, Spas, and Hot Tubs.

Wading pools, as defined in Section 18.02 (Definitions), shall be exempt from this Section and
shall not require a zoning permit for installation. All other outdoor swimming pools, spas, and
hot tubs constructed in, on or above the ground are permitted as an accessory use in all zoning
districts subject to the following:

1. Other requirements. Swimming pools, spas, and hot tubs shall comply with all
applicable provisions of the State Construction Code enforced by Gladwin
County.

2. Yard and setback requirements. An above-ground swimming pool shall be

permitted within the required rear yard setback area of a non-waterfront lot,
provided that:

a. A minimum six (6) foot setback shall be maintained from all lot
boundaries.

b. Pool decks and similar structures shall be prohibited within the required
rear yard area.

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All other swimming pools, spas, and hot tubs, including those located on
waterfront lots, shall conform with the minimum required yard setbacks specified
in Article 4 (Dimensional Standards).

3. Separation from principal building. There shall be a distance of not less

than four (4) feet between the outside pool wall and any principal building
located on the same lot.

4. Easements and rights-of-way. No swimming pool shall be located in an

easement or right-of-way.

5. Secured enclosure. To prevent unauthorized access and protect the general

public, swimming pools, spas, and hot tubs shall be secured and completely
enclosed by a minimum four (4) foot high fence with a self-closing and latching
gate. Ladders or steps for above-ground pools shall be capable of being
secured, locked or removed. The Zoning Administrator may waive this
requirement upon determining that the swimming pool, spa or hot tub is
otherwise secured against unauthorized access.

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ILLUSTRATIONS

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SECTION 6.200
LAND AND ENVIRONMENT

Section 6.201 Approval of Land Divisions.

All land divisions created after the effective date of this Ordinance shall comply with all
requirements of the Land Division Act (P.A. 288 of 1967, as amended), and shall conform with
the dimensional requirements of this Ordinance, as specified in Article 4 (Dimensional
Standards) for the zoning district where such land is located.

Section 6.202 Open Space Preservation Option.

This Section established provisions under which a landowner may exercise the option to
develop land with open space preservation in accordance with Section 506 of the Michigan
Zoning Enabling Act (P.A. 110 of 2006, as amended).

A. Purpose.
The intent of this Section is to provide optional open space preservation provisions for
residential development, as required by the Michigan Zoning Enabling Act (P.A. 110 of
2006, as amended), for the purpose of preserving undeveloped land, prime farmlands,
woodlots, wildlife areas, historic sites and structures, unique landforms, and scenic areas
in the Township. The intent of this Section is to provide a means for grouping of
dwellings in the most buildable portions of a development site, so that the remainder of
the site can be preserved in an undeveloped state.

B. Scope.
Land in the A-1 (Agriculture-Conservation) or R-1 (Single Family Residential) Districts
may be developed according to the standard conditions and requirements of this
Ordinance, or in accordance with the open space preservation option of this Section.

1. No portion of the development site shall have previously been part of an open
space preservation option development.

2. If the open space preservation option is selected, such land shall be developed in
accordance with the conditions and requirements of this Section, and other
applicable standards of this Ordinance.

C. Development Review.
Applications for residential development approval under the open space preservation
option of this Section shall be reviewed following the same procedures used for review
and approval of a subdivision plat under the provisions of the Land Division Act (P.A.
288 of 1967, as amended), or a condominium subdivision (site condominium)
development under Article 13 (Condominium Regulations) and the Condominium Act
(P.A. 59 of 1978, as amended).

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D. Required Information.
Applications for approval of a residential development under this open space
preservation option shall be filed with the Zoning Administrator. Incomplete or
inaccurate applications shall not be accepted for review, and shall be returned to the
applicant. At a minimum, such applications shall include the following:

1. Fees. Appropriate fees, as set by the Township Board, for review of the
proposed development plans.

2. Project narrative. The applicant shall provide a written narrative that explains
the project and its benefits. The narrative should specifically address all elements
of the project that would not comply with the underlying zoning district
regulations that would apply to the open space development plan.

3. Parallel plan. The number of dwelling units permitted within a residential

development under this open space preservation option shall be determined
through review of a parallel plan prepared by the applicant. The parallel plan for
the project shall be consistent with the standards of this Ordinance, including
minimum lot area, lot width, and setbacks. The parallel plan layout shall
conform with all county and state requirements, and shall not impact wetlands
regulated by the Michigan Department of Environmental Quality (MDEQ).

4. Conservation easement. Documentation of the proposed conservation

easement(s), or similar irrevocable legal instrument that runs with the land, to be
used to ensure that the open space will be maintained in an open and
undeveloped state in perpetuity.

5. Development plan. The development plan shall include all information

required for subdivision plat approval in conformance with the Land Division Act
(P.A. 288 of 1967, as amended), or condominium subdivision plan approval in
conformance with Article 19 (Condominium Regulations) and the Condominium
Act (P.A. 59 of 1978, as amended). The development plan shall further include
the following:

a. A site features inventory identifying active agriculture areas, topography

at two (2) foot contour intervals, water courses, drainage patterns,
wildlife habitats, roads and road rights-of-way, easements, soils based
upon U.S. Soil Conservation Survey, regulated wetlands, floodplains,
woodlands, and any additional features uniquely affecting the site.

b. Documentation from the Central Michigan District Health Department,

Michigan Department of Environmental Quality (MDEQ) or other agency
with jurisdiction that each of the lots and dwellings can be adequately
served by private well, septic or wastewater treatment systems; or
documentation that the proposed dwellings will be served by planned
public water or sanitary sewer services.

c. Any additional information requested by the Zoning Administrator or

Planning Commission to demonstrate compliance with the development

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standards of this Section, and the applicable requirements of this

Ordinance.

E. Development Standards.
Every lot developed or to be developed with the open space preservation option shall
comply fully with all of the following requirements:

1. Permitted residential density. The overall residential density of the open

space development shall not exceed the number of dwellings shown on the
approved parallel plan, nor that allowed in the zoning district per Article 4
(Dimensional Standards).

2. Minimum yard setbacks. The minimum yard setback standards of the zoning
district, as specified in Article 4 (Dimensional Standards), shall apply to lots
created under this open space preservation option.

3. Minimum lot size. The minimum lot size standards of the zoning district shall
not apply to developments under this open space preservation. Lots created
under this option shall contain adequate lot area, considering the dimensional
standards of this Ordinance for residential lots, to provide for development of a
principal dwelling and customary accessory structures without need for a
variance.

4. Minimum required open space. A minimum of fifty percent (50%) of the

gross lot area of the development site shall be retained and maintained in
perpetuity as permanent open space.

F. Conservation Standards.
The conservation easement(s), or similar legal instrument to be used to ensure that the
open space will be maintained in an open and undeveloped state in perpetuity shall be
subject to review and approval by the Township Attorney. At a minimum, the
instrument shall be irrevocable, shall run with the land, and shall convey all rights to
develop the land to a land conservation organization or other public body with authority
and ability to ensure that the open space will remain undeveloped.

After approval by the Township, the applicant shall record the conservation easement(s)
or similar legal instrument with the Gladwin County Register of Deeds office, and shall
provide proof of recording and a copy of the recorded documents to the Township.

Section 6.203 Protection of Wetlands and Bodies of Water.

This Section is intended to establish minimum regulations necessary to protect and preserve the
quality of surface waters and wetlands in the Township. Property owners and residents of
parcels with frontage on Wixom Lake and the Tittabawassee River are encouraged to adopt
additional water quality protection measures and techniques as may be recommended by the
MDEQ or Wixom Lake Improvement Board.

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A. Scope.
Lots lawfully existing prior to the date of adoption of this Ordinance shall be exempt
from the requirements of this Section. The standards of this Section shall apply to:

1. All parcels proposed for development requiring review and approval of a site
plan, condominium site plan, or planned unit development in accordance with
this Ordinance;

2. All parcels proposed for development requiring review and approval of a

subdivision plat or other land division approval in accordance with the Land
Division Act (P.A. 288 of 1967, as amended) and any Township subdivision
regulations; and

3. All lots created on or after January 1, 2005 (the date of adoption of this
Ordinance).

B. Setback Required.
The following minimum setback areas shall be required from wetlands and watercourses
in the Township. Such setbacks shall be measured from the top of the bank or other
defined edge, and shall not be subject to topography:

1. A minimum 50 foot wide setback area shall be maintained from the edge of any
stream, pond, lake or other body of water, provided that no development shall
be permitted within the 100-year floodplain.

2. A minimum 25 foot wide setback area shall be maintained from the boundary or
edge of any wetland, open drain, or dedicated county drain easement.

C. Permitted Activities and Improvements.

Principal buildings and accessory structures shall be prohibited within the required
wetland and watercourse setback area. Such setback areas may be landscaped, planted
with grass or other groundcovers, or left in a natural state. Permitted activities and
improvements within a required wetland and watercourse setback area shall be limited
to the following:

1. Grading, filling, retaining wall construction, and similar improvements, provided

that such work shall not create a nuisance or have a detrimental impact on the
use or enjoyment of surrounding parcels. Groundcover vegetation shall be
immediately restored, and soil erosion control measures shall be employed to
minimize siltation of the watercourse or wetland.

2. Docks and similar waterfront structures, subject to Michigan Department of

Environmental Quality (MDEQ) regulations and applicable Township ordinances.

3. Public utility improvements in accordance with an approved utility plan.

4. Trails, paths, boardwalks, and similar passive recreational improvements.

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5. Detention or retention basins and similar stormwater management facilities,

provided that appropriate replacement plantings are provided and maintained.

Section 6.204 Grading, Removal and Filling of Land.

Any excavation, filling or grading of land that would alter the established site elevations or
drainage patterns, or the use of land for the excavation, removal, filling or depositing of any
type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or by-products,
shall not permitted in any zoning district except in accordance with an approved site plan.

1. This provision shall not apply to common household gardening, farming, general
ground care of a residential or agricultural character or normal soil removal for
basement or foundation construction.

2. All excavated overburden or other materials extending above the natural grade
shall be leveled or removed, and the surface of the entire tract shall be restored
to usable condition for development or agriculture. The excavated area shall be
graded so that no gradient of the disturbed area has a slope greater than 1:3
[one (1) foot rise in three (3) feet of horizontal distance]. The graded area shall
be seeded with an appropriate grass type and a vegetative cover shall be
established to minimize soil erosion.

3. Open excavations, holes, pits or wells shall be protected against unauthorized

access by a fence or other suitable means. All open and unprotected
excavations, holes, pits or wells that constitute a danger or menace to the public
health, safety, or welfare are hereby declared a public nuisance and a violation
of this Ordinance.

Section 6.205 Health Department Approval Required.

Zoning permits shall not be issued under this Ordinance for the construction or establishment of
buildings or uses requiring water or wastewater systems until an applicant provides copies of
the appropriate well and septic permits issued by the Central Michigan District Health
Department.

Section 6.206 Outdoor Storage and Waste Disposal.

All uses established or placed in operation in any zoning district after the effective date of this
Ordinance shall comply with the following:

1. No materials or wastes shall be placed on the premises in such a form or manner

that the materials may be carried off the property by natural causes or forces,
such as by wind or water.

2. All materials or equipment shall not be allowed to accumulate on any property in

such a manner as to be unsightly, constitute a fire hazard or contribute to
unsanitary conditions.

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Section 6.207 Outhouses, Privies, and Outside Toilets.

Outhouses, privies, and pit toilets shall be prohibited in any residential zoning district, except
within an approved and lawfully established campground licensed under the Michigan Public
Health Code (P.A. 368 of 1978, as amended).

1. These provisions shall not prohibit the use of outside toilets accessory to
construction sites, permitted ANIMAL AND AGRICULTURAL USES or temporary uses as
permitted by this Ordinance.

2. Outhouses, privies, and outside toilets shall comply with all requirements of the
Central Michigan District Health Department.

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SECTION 6.300
PERFORMANCE STANDARDS

Section 6.301 Performance Standards.

No activity, operation or use of land, structures or equipment shall be permitted where such
activity, operation or use produces an environmental impact or irritant to sensory perception
that exceeds the standards of this Section.

A. Purpose and Scope.

The purpose of this Section is to establish controls on the impacts generated by
permitted uses so as to prevent an unreasonable negative impact that might interfere
with another person's use of his or her property, or that might cause harm to the public
health safety, and welfare.

1. Scope. No structure or land shall hereafter be used or occupied, and no

structure or part thereof shall be erected, altered, reconstructed or moved after
the effective date of this Ordinance, except in conformity with all applicable
performance standards set forth in this Section. No site plan or other land use or
development application shall be approved that is not in conformity with the
requirements of this Section.

2. Submission of additional data. Nothing in this Section shall preclude the

applicant or other interested party from submitting additional data or evidence
related to a specific case. In consideration of such data or evidence, the
Planning Commission may waive or modify the regulations set forth in this
Section, provided that the Planning Commission finds that no harm to the public
health, safety or welfare will result, and that the intent of this Ordinance will be
upheld.

B. Noise.
No person shall unreasonably make, continue, or cause to be made or continued, any
noise disturbance.

1. Noise disturbance examples. Examples of noise disturbances include, but

are not limited to:

a. Sounds that exceed Ordinance limits. Any sound that exceeds the
specific limits set forth in this Section shall be deemed a noise
disturbance.

b. Loading and unloading. Loading and unloading, opening, closing, or

other handling of boxes, crates, containers, building materials, garbage
cans, or similar objects shall be prohibited between the hours of 8:00
p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance
across a residential district boundary or within a noise sensitive zone.

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c. Construction. Operation of any tools or equipment used in

construction, drilling, or demolition work shall be prohibited where the
sound would create a noise disturbance across a residential district
boundary or within a noise sensitive zone. This provision shall apply
between the hours of 8:00 p.m. and 7:00 a.m. on Monday through
Saturday, or any time on Sundays or holidays, but shall not apply to
emergency work or public service utilities.

d. Vibration. Operating of any device that creates vibration that is above

the vibration perception threshold of an individual at or beyond the
property of the source shall be prohibited. For the purposes of this
Section, vibration perception threshold means the minimum ground or
structure-borne vibrational motion necessary to cause a normal person to
be aware of the vibration by such direct means as, but not limited to,
sensation by touch or observation of moving objects.

e. Noise sensitive zones. Creating of any sound within any noise

sensitive zone so as to disrupt the activities normally conducted within
the zone shall be prohibited, even if the average A-weighted sound level
is lower than the specific limits set forth in this Section, provided that
conspicuous signs are displayed indicating the presence of the zone.

2. Exceptions. The provisions in this Section shall not apply to the following uses
and circumstances:

a. Emergency exceptions. The emission of sound for the purpose of

alerting persons to existence of an emergency, or in the performance of
emergency work shall be exempt from the provisions of this Section.

b. Additional exceptions. The provisions in this Section shall not apply to

the following activities, provided that such activities are conducted in a
legally-accepted manner:

(1) Snow plowing and other public works activities.

(2) Agricultural uses.

(3) Church bells, chimes, and carillons.

(4) Lawn care and house maintenance that occurs between 8:00 a.m.
and 9:00 p.m.

(5) Licensed vehicles being operated on a road.

(6) Nighttime excavation, construction, or repair of bridges, roads, or

highways by or on behalf of local, county, or state road
authorities, where necessary to preserve the public safety,
welfare, or convenience.

(7) The reasonable use of stationary amplifiers or loudspeakers in the

course of non-commercial public addresses or festivals.

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3. Maximum permitted sound levels by receiving zoning district. Sound

emitted by any source is considered a noise disturbance when its average A-
weighted sound level exceeds the limit set forth for the receiving zoning district
in the following table, when measured at or within the property boundary of the
receiving district. All measurements and designations of sound levels shall be
expressed in day-night average sound levels.

RECEIVING
TIME AVERAGE SOUND LEVEL
ZONING DISTRICT

Residential 7:00 a.m. to 10:00 p.m. 55 dB(A)

Districts
10:00 p.m. to 7:00 a.m. 50 dB(A)

Non-Residential 7:00 a.m. to 6:00 p.m. 62 dB(A)

Districts 6:00 p.m. to 7:00 a.m. 55 dB(A)

Notes related to table:

a. Correction for tonal sounds. For any source of sound that emits a
pure tone sound, the maximum sound level limits of this table shall be
reduced by 5 dB(A) where the receiving district is residential or
commercial-noise sensitive.

b. Correction for impulsive or impact-type sounds. For any source of

sound that emits an atypical impulsive or impact-type sound, the
maximum sound level limits of this table shall be reduced by 5 dB(A)
where the receiving district is residential or commercial-noise sensitive.

c. Planned development. Where the receiving district is a planned

development district, the applicable standards of this table shall be based
on the types of uses within the planned development.

B. Surface Water Flow.

No site plan review application and no proposal for division of land shall be approved if
subsequent development within the required setbacks would result in identifiable
disruption to the existing or natural flow of water within drainage ditches, natural water
courses, or drains having a recorded easement.

C. Dust, Smoke, Soot, Dirt, Fly Ash and Products of Wind Erosion.
Dust, smoke, soot, dirt, fly ash, and products of wind erosion shall be subject to the
regulations established in conjunction with the Michigan Environmental Protection Act
(P.A. 451 of 1994, as amended), or other applicable state or federal regulations. No
person, firm or corporation shall operate or maintain any process for any purpose, or
furnace or combustion device for the burning of coal or other natural or synthetic fuels,
unless such processes or devices use or are equipped with recognized and approved
equipment, methods, or technology to reduce the quantity of gas-borne or airborne
solids or fumes emitted into the open air.

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The drifting of air-borne matter beyond the lot line, including wind-blown dust, particles
or debris from open stock piles, shall be prohibited. Emission of particulate matter from
material products, or surfaces subject to wind erosion shall be controlled by paving,
oiling, wetting, covering, landscaping, fencing, or other means.

D. Odor.
Offensive, noxious, or foul odors shall not be allowed to escape into the atmosphere in
concentrations which are offensive, which produce a public nuisance or hazard on
adjoining property, or which could be detrimental to human, plant, or animal life.

E. Glare and Heat.

Any operation or activity which produces glare shall be conducted so that direct and
indirect illumination from the source of light does not exceed one-half (½) footcandle
when measured at any point along the property line of the site on which the operation is
located. Any operation that produces intense glare or heat shall be conducted within an
enclosure so as to completely obscure and shield such operation from direct view from
any point along the lot lines. If heat is a result of an industrial operation, it shall be so
insulated as to not raise the temperature at any property line at any time.

F. Fire and Safety Hazards.

The storage and handling of flammable liquids, liquefied petroleum gases, and
explosives shall comply with all applicable state, county and local regulations, including
the Michigan Fire Prevention Code (P.A. 207 of 1941, as amended).

1. Storage Tanks. All storage tanks for flammable liquid materials above ground
shall be located at least 150 feet from all property lines, and shall be completely
surrounded by earth embankments, dikes, or another type of approved retaining
wall capable of containing one and one half (1.5) times the capacity of the
largest tank so enclosed. The floor of the retention area shall be impervious to
and non-reactive with the contents of the tank. These provisions shall not apply
to approved tanks that hold propane or other fuel used for heating a dwelling or
other building on the site.

Below-ground bulk storage tanks that contain flammable material shall be

located no closer to the property line than the distance to the bottom of the
buried tank, measured at the point of greatest depth. All underground tanks
shall be registered with the State of Michigan in accordance with applicable state
laws and regulations. The location and contents of all such tanks shall be
indicated on the site plan.

2. Detonable Materials. The storage, utilization, or manufacture of the following

detonable materials shall be subject to review and approval as hazardous
materials storage, subject to the standards of Section 5.701 (Hazardous Materials
Storage).

a. All primary explosives such as lead azide, lead styphnate, fulminates, and
tetracene.

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b. All high explosives such as TNT, RDX, HMX, PETN, and picric acid

c. Propellants and components thereof such as dry nitrocellulose, black

powder, boron hydrides, and hydrazine and its derivatives.

d. Pyrotechnics and fireworks such as magnesium powder, potassium

chlorate, and potassium nitrate.

e. Blasting explosives such as dynamite and nitroglycerin.

f. Unstable organic compounds such as acetylides, tetrazoles, and ozonides.

g. Strong unstable oxidizing agents such as perchloric acid, perchlorates and

hydrogen peroxide in concentrations greater than 35 percent.

h. Nuclear fuels, fissionable materials and products, and reactor elements

such as Uranium 235 and Plutonium 239.

G. Sewage Wastes and Water Pollution.

Sewage disposal (including septic systems) and water pollution shall be subject to the
standards and regulations established by Federal state, county and local regulatory
agencies, including the Michigan Department of Health, the Michigan Department of
Environmental Quality, the Central Michigan District Health Department, and the U.S.
Environmental Protection Agency.

H. Gases.
The escape of or emission of any gas that is injurious or destructive to life or property,
or that is explosive, is prohibited. Gaseous emissions shall be subject to regulations
established in conjunction with the Michigan Environmental Protection Act, Public Act
451 of 1994, as amended, federal Clean Air Acts, as amended, and any other applicable
state or federal regulations. Accordingly, gaseous emissions measured at the property
line at ground level shall not exceed the levels indicated in the following chart that is
based on the National Ambient Air Quality Standards, unless a higher standard is
imposed by a federal state, county or local regulatory agency with jurisdiction:

GAS MAXIMUM EMISSIONS LEVEL SAMPLING PERIOD

Sulfur dioxide 0.14 ppm 24 hours

Hydrocarbons 0.24 ppm 3 hours
Photochemical oxidants 0.12 ppm 1 hours
Nitrogen dioxide 0.05 ppm Annual
9.0 ppm 8 hours
Carbon monoxide
35.0 ppm 1 hours
Lead 1.5 µg/cubic meter 3 months
Mercury 0.01 mg/cubic meter 10 hours

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GAS MAXIMUM EMISSIONS LEVEL SAMPLING PERIOD

Beryllium 2.0 µg/cubic meter 8 hours
Asbestos 0.5 fibers/cc 8 hours

Notes Related to Table:

a. ppm = parts per million
b. µg = micrograms
c. mg = milligrams
d. cc = cubic centimeters

I. Electromagnetic Radiation and Radio Transmission

Electronic equipment required in an industrial, commercial or other operation shall be
designed and used in accordance with applicable rules and regulations established by
the Federal Communications Commission (FCC). The operation of such equipment shall
not interfere with the use of radio, television, or other electronic equipment on
surrounding or nearby property.

J. Radioactive Materials
Radioactive material wastes and emissions, including electromagnetic radiation, shall not
exceed levels established by occupational and health standards and state and federal
agencies that have jurisdiction. No operation shall be permitted that causes any
individual outside of the lot lines to be exposed to any radiation exceeding the lowest
concentration permitted for the general population by federal and state laws and
regulations currently in effect.

Section 6.302 Procedures for Determining Compliance.

In the event that the Township receives complaints or otherwise acquires evidence of possible
violation of any of the performance standards set forth in Section 6.301 (Performance
Standards), the following procedures shall be used to investigate, and if necessary, resolve the
violation:

A. Official Investigation.
Upon receipt of evidence of possible violation, the Zoning Administrator or designated
Township consultant shall make a determination whether there is reasonable cause to
suspect the operation is indeed in violation of the performance standards. The Zoning
Administrator may initiate an official investigation in order to make such a
determination.

Upon initiation of an official investigation, the Zoning Administrator is empowered to

require the owner or operator of the facility in question to submit data and evidence
deemed necessary to make an objective determination regarding the possible violation.
Failure of the owner or operator to supply requested data shall constitute grounds for
taking legal action to terminate the use or deny or rescind any permits required for

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continued use of the land. Data which may be required includes, but is not limited to
the following:

1. Plans of the existing or proposed facilities, including buildings and equipment.

2. A description of the existing or proposed machinery, processes, and products.

3. Specifications for the mechanisms and techniques used or proposed to be used

to control emissions regulated under the provisions of this Section.

4. Measurement of the amount or rate of emissions of materials purported to be in

violation.

B. Method and Cost of Determination.

The Zoning Administrator or designated Township consultant shall take measurements
and complete investigation necessary to make an objective determination concerning
the purported violation. Where required measurements and investigation can be
accurately using equipment and personnel normally available to the Township without
extraordinary expense, such measurements and investigation shall be completed before
notice of violation is issued. If necessary, skilled personnel and spec equipment or
instruments shall be secured to make the required determination.

If the alleged violation is found to exist in fact, the costs of making such determination
shall be charged against those responsible, in addition to such other penalties as may be
appropriate. If it is determined that no substantive violation exists then such costs shall
be paid by the Township.

C. Appropriate Remedies.
If, after appropriate investigation, the Zoning Administrator or designated Township
consultant determines that a violation does exist, the Zoning Administrator shall provide
written notice of the violation to the owners or operators of the facility deemed
responsible, and shall request that the violation be corrected within a specified time
limit.

1. Correction of violation within time limit. If the alleged violation is

corrected within the specified time limit, the Zoning Administrator shall note
“violation corrected” on the Township’s copy of the notice, which shall be
retained on file.

2. Violation not corrected and no reply from owner or operator. If there is

no reply from the owner or operator within the specified time limits and the
alleged violation is not corrected, then the Zoning Administrator shall take such
action as may be warranted to correct the violation. in accordance with the
regulations set forth in this Section

3. Reply requesting time extension. If a reply is received within the specified

time limit indicating that an alleged violation will be corrected, but that more
time is required, the Zoning Administrator may grant an extension upon

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determining that the extension is warranted because of the circumstances in the

case and will not cause imminent peril to life, health, or property.

4. Reply requesting technical determination. If a reply is received within the

specified time limit request further review and technical analysis even though the
alleged violations continue, then the Zoning Administrator may call in properly
qualified experts to complete such analysis and confirm or refute the initial
determination of violation.

D. Costs and Penalties Incurred

If expert findings indicate that violations do exist in fact, the costs incurred in making
such a determination shall be paid by the persons responsible for the violations in
addition to other applicable penalties under this Ordinance. Such costs shall be billed to
those owners or operators of the use deemed responsible for the violation.
If the bill is not paid within 30 days, the Township may take necessary action to recover
such costs, or may charge such costs against the property where the violation occurred.

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SECTION 6.400
OTHER PROVISIONS

Section 6.401 Property Maintenance.

Each property owner shall be responsible for keeping their lot and buildings clean and free of
any accumulation or infestation of dirt, filth, rubbish, garbage, vermin or other matter. Any
hazardous places on a lot shall be fenced and secured.

Section 6.402 Property Between the Lot Line and Road.

The area between the lot line and edge of road pavement shall be maintained with grass or
other suitable groundcover. Property owners shall be responsible for the condition, cleanliness
and maintenance of the areas within the road right-of-way in front of their lot between their lot
lines and the pavement edge.

Section 6.403 Voting Place.

The provisions of this Ordinance shall not be construed to interfere with the temporary use of
any property as a voting place in connection with a Township, school or other public election.

Section 6.404 Essential Public Services and Required Utilities.

Essential services buildings and structures shall be permitted as authorized under any franchise
in effect within the Township. Such essential services shall be subject to federal, state, county,
and local regulations, and shall be consistent with the list of uses permitted in each zoning
district. It is the intent of this Section to ensure conformity of all structures, uses, and storage
yards to the requirements of this Ordinance wherever such conformity shall be practicable and
not in conflict with the specific requirements of such franchise, state legislation or Township
Ordinance.

Section 6.405 Water Supply and Sanitary Sewers.

Where public water or sanitary sewer service is available, all principal buildings shall be
connected to such systems at the time of construction or expansion.

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