Environmental standards are established in order to preserve
the short-term and long-term environmental health, safety and quality
of the Township. No use that does not conform to the environmental
standards set forth in this article shall be permitted.
No parcel, lot, building, or structure in any district shall
be used or occupied in any manner so as to create any dangerous, injurious,
noxious or otherwise objectionable element or condition so as to adversely
affect the surrounding area or adjoining premises, provided that any
use permitted by this chapter may be undertaken and maintained if
acceptable measures and safeguards are employed to limit dangerous
and objectionable elements to acceptable limits as established by
the following performance requirements.
A. Fire hazard. Any activity involving the use or storage of flammable
or explosive materials shall be protected by adequate firefighting
and fire suppression equipment and by such safety devices as are normally
used in the handling of any such material. Such hazards shall be kept
removed from adjacent activities to a distance which is compatible
with the potential danger involved.
B. Radioactivity or electrical disturbance. No activity shall emit dangerous
radioactivity at any point, or unreasonable electrical disturbance
adversely affecting the operation at any point of any equipment other
than that of the creator of such disturbance.
C. Hazardous substances. Any activity requiring storage or handling
of hazardous substances shall abide by the following standards:
(1)
Areas storing hazardous substances must be designed to prevent
spills and discharges to the air, surface of the ground, stormwater
system, groundwater, lakes, streams, rivers, or wetlands.
(2)
Secondary containment for aboveground areas where hazardous
substances are stored or used shall be provided. Secondary containment
shall be sufficient to store the substance for the maximum anticipated
time necessary for the recovery of any released substance.
(3)
General purpose floor drains shall be allowed only if they are
authorized to be connected to a public sewer system, an on-site holding
tank, or a system authorized through a state groundwater discharge
permit.
(4)
State and federal requirements for storage, spill prevention,
recordkeeping, emergency response, transport and disposal of hazardous
substances shall be met. No discharge shall be allowed without required
permits and approvals.
D. Vibration. No vibration shall be permitted which is discernible without
instruments on any adjoining lot or property.
(1)
No use shall generate any ground-transmitted vibration in excess
of the limits set forth in Table 14.02.D-1. Vibration shall be measured
at the nearest adjacent lot line.
(2)
The instrument used to measure vibrations shall be a three-compartment
measuring system capable of simultaneous measurement of vibration
in three mutually perpendicular directions.
(3)
The vibration maximums set forth by Table 14.02.D-1 are stated
in terms of particle velocity, which may be measured directly with
suitable instrumentation or computed on the basis of displacement
and frequency. When computed, the following formula shall be used:
Where:
|
PV
|
=
|
Particle velocity, inches per second
|
F
|
=
|
Vibration frequency, cycles per second
|
D
|
=
|
Single amplitude displacement of the vibration, inches
|
(4)
The following is the table of maximum ground-transmitted vibration:
Table 14.02.D-1
Vibration Standards
|
---|
Particle Velocity
(inches per second)
|
---|
Along Nonresidential District Boundaries
|
Along Residential District Boundaries
|
---|
0.10
|
0.02
|
0.20
|
0.02
|
(5)
The values stated in Table 14.02.D-1 may be multiplied by two
for impact vibrations, i.e. noncyclic vibration pulsations not exceeding
one second in duration and having a pause of at least two seconds
between pulses.
(6)
Vibrations resulting from temporary construction activity shall
be exempt from the requirements of this section.
E. Airborne emissions.
(1)
Smoke and air contaminants. It shall be unlawful for any person
to permit the emission of any smoke or air contaminant from any source
whatsoever to a density greater than that permitted by applicable
federal and state clean air standards. There shall not be discharged
from any source whatsoever such quantities of air contaminants or
other material which cause injury, detriment, or nuisance to the public;
or which endanger comfort, repose, health, or safety of persons; or
which cause injury or damage to business or property.
(2)
Odors. Any condition or operation which results in the creation
of odors of such intensity and character as to be detrimental to the
health and welfare of the public or which interferes unreasonably
with the comfort of the public shall be removed, stopped, or so modified
as to remove the odor.
(3)
Gases. The escape or emission of any gas that is injurious,
destructive, or harmful to persons or property, or explosive, shall
be unlawful and shall be abated.
F. Glare. No direct or reflected glare shall be permitted which is visible
from any property or from any public street, road, or highway.
G. Noise.
(1)
General requirements. No use, operation or activity shall be
carried on that causes or creates measurable noise levels that are
unreasonably loud or that unreasonably interfere with the peace and
comfort of others, or that exceed the maximum noise level limits prescribed
in Table 14.02.G-1 as measured at any point on property adjacent or
in close proximity to the lot, parcel, or other property on which
the operation or activity is located.
(2)
Methods and units of measurement.
(a)
The measuring equipment and measurement procedures shall conform
to the latest American National Standards Institute (ANSI) specifications.
The sound-measuring equipment shall be properly calibrated before
and after the measurements.
(b)
Because sound waves having the same decibel (Db) level sound
louder or softer to the human ear depending upon the frequency of
the sound wave in cycles per second (that is, depending on whether
the pitch of the sound is high or low) an A-weighted filter constructed
in accordance with ANSI specifications shall be used on any sound
level meter used to take measurements required in this section. All
measurements below are expressed in Db(A) to reflect the use of the
A-weighted filter.
(3)
Table of Maximum Noise Levels. Except as otherwise provided
in this section, noise levels shall not exceed the limits set forth
in the following Table 14.02G-1:
Table 14.02.G-1
Noise Level Standards
|
---|
Use
|
Time
|
Sound Level (A-Weighted) Decibels
[Db(A)]
|
---|
Residential
|
7:00 a.m. to 7:00 p.m.
|
60
|
7:00 p.m. to 10:00 p.m.
|
55
|
10:00 p.m. to 7:00 a.m.
|
50
|
Commercial, business, office, and mixed-uses
|
7:00 a.m. to 7:00 p.m.
|
65
|
7:00 p.m. to 7:00 a.m.
|
50
|
Industrial office and research office
|
Anytime
|
65
|
(4)
Background noise. Where existing background noise exceeds the
maximum permitted levels specified in Table 14.02.G-1, the noise caused
or created by a specific operation or activity may exceed the levels
specified in the table, provided that the sound level on property
adjacent or in close proximity to the lot or parcel on which the operation
or activity is located does not exceed the background noise level.
For purposes of this subsection, "background noise" shall mean noise
being produced by permitted uses conducted in a legally accepted manner
from all sources other than those occurring on the lot or parcel on
which the operation or activity is located. Background noise levels
shall be determined by measurement at substantially the same time
and location as the noise levels caused or created by the complained
of operation or activity.
(5)
Intermittent or other unreasonable sounds. Intermittent sounds
or sounds characterized by pure tones might be a source of complaints,
even though the measured sound level does not exceed the permitted
level in Table 14.02.G-1. Such sounds shall be prohibited when found
to be unreasonably loud or to unreasonably interfere with the peace
and comfort of others. In making such determination, the following
shall be considered:
(a)
The proximity of the sound to sleeping facilities;
(b)
The nature of the use from which the sound emanates and the
area where it is received or perceived;
(c)
The time (day or night) the sound occurs; and
(d)
The duration of the sound.
(6)
Exemptions. Noise resulting from the following activities shall
be exempt from the maximum permitted sound levels, provided that such
activity occurs in a legally accepted manner:
(a)
Construction activity between the hours of 8:00 a.m. and 7:00 p.m., and as allowed by Chapter
14 of the Pittsfield Charter Township Code;
(b)
Performance of emergency work, including snow removal;
(c)
Warning devices necessary for public safety, such as police,
fire, and ambulance sirens, tornado and civil defense warning devices,
and train horns;
(d)
Lawn care and yard maintenance that occurs between 8:00 a.m.
and 9:00 p.m.;
(e)
Outdoor school and playground activities when conducted in accordance
with the manner in which such spaces are generally used, including,
but not limited to, school athletic and school entertainment events;
(f)
The operation or use of any organ, bell, chimes, or other similar
means of announcing religious services at a place of religious worship
between the hours of 8:00 a.m. and 9:00 p.m., no more than five times
per day, and for a duration of no more than two minutes each time;
provided, however, that the sound level does not exceed 80 Db(A) at
the property line of the religious facility;
(g)
An unamplified human voice; and
(h)
Public works maintenance, repair, or improvement projects being
conducted by or on behalf of public agencies.
The preservation and enhancement of natural features is essential
to maintaining Pittsfield Township's character, ecological diversity
and stability, economic well-being and quality of life. For purposes
of this section, "natural features" shall include wetlands, watercourses,
floodplains, woodlands and trees, steep slopes, threatened or endangered
species habitats, and groundwater recharge areas. When natural features
exist on a site proposed to be developed, the applicant shall do the
following:
A. Federal, state, and local permits. Development in or affecting natural
features may be regulated by the federal, state, county or Township
governments, and require licenses, permits or approvals. Permits and
approvals required by Pittsfield Township shall not relieve a person
from obtaining applicable permits or approvals from other relevant
jurisdictions. Similarly, obtaining permits from the federal, state,
or county government does not relieve a person from obtaining the
required permits from Pittsfield Township.
B. Site plan review required.
(1)
In any zoning district, none of the following natural features shall be obstructed, removed, altered, transformed or otherwise impacted in any way at any time by any person except as provided in Article
IX of this chapter:
(a)
Area, water level, vegetation, edge, bank, shore or natural
condition of a river, stream, watercourse, drainageway, lake, or pond,
whether filled or partly filled with water or dry in certain seasons.
(b)
Area, water level, vegetation, or natural conditions of a marsh,
swamp, or wetland.
(c)
Living tree(s) in any wooded lot, grove, bush, park, wooded
area, or forested land.
(d)
Land having a slope of 12% or greater.
(2)
Such person shall submit to the Township Planning Commission a site plan and the information described in Subsections
C and
D below. Any such alterations shall be made in conformance with applicable local, state, and federal requirements.
C. Natural features impact statement. As part of the preliminary site plan review process, as set forth in Article
IX, the applicant is required to determine if natural features exist on the site, and in proximity to the site. If one natural feature is determined to exist on a site, then the applicant shall submit a natural features impact statement containing the following information:
(1)
Site inventory map clearly showing locations and types of natural
features both on-site and those within 100 feet beyond the property
lines. The drawing shall delineate:
(a)
Edges of woodlands, and description of plant community type.
(b)
Heritage trees identified and labeled on the plans and in an
accompanying table showing corresponding species, size, and condition
data for individual trees.
(c)
Edges of wetlands, watercourse stream banks, ordinary pond and
high-water marks of water features, floodways, floodplains, areas
of hydric soils, highly permeable soils, and groundwater recharge
areas.
(d)
Natural feature buffer areas.
(2)
Written description that illustrates the quality, character
and health of the natural features.
D. Natural features protection plan.
(1)
In addition to the natural features impact statement, the applicant
shall provide a natural features protection plan as part of the preliminary
site plan review process, showing:
(a) Natural features that are excluded from development.
(b) Natural features that are to be retained as part of the development,
and the measures taken to sustain the natural features.
(2)
See § 40-14.08D regarding security for heritage trees
to be retained.
Efforts shall be made to preserve water features (including
natural wetlands, watercourses, lakes and ponds) in a natural state
and to avoid stormwater and sedimentation discharge that may damage
these features. The following standards are intended to protect existing
water features from impacts of stormwater quality and quantity.
A. Existing features. Existing water features shall be protected from
damaging modifications and adverse changes in runoff quality and quantity
associated with land development.
B. Special significance. Water features of special significance, such
as forested wetlands, wetlands associated with watercourses, streams
and rivers with intact native plant associations, and the like, shall
be protected from development and/or the effects of development.
C. Stormwater. Stormwater discharge to existing water features must
not modify the existing water levels or flows.
D. Direct discharge. Direct discharge of untreated stormwater into a
wetland or watercourse is prohibited. All runoff from development
will be pretreated by sedimentation traps and/or basins, or other
best management practices, to remove sedimentation and other pollutants
prior to discharge.
E. Construction. Any proposed treatment facilities shall be constructed
as early as possible.
F. Impacts. Any proposed impacts to water features must be permitted
by and adhere to applicable regulations of the Michigan Department
of Environmental Quality or the Washtenaw County Drain Commissioner.