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:
PV = 6.28 F x D
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.
A. 
Community wastewater utility systems shall require a conditional use permit from the Planning Commission in accordance with the procedures and standards set forth in Article X, Conditional Use Review, of this chapter. Community wastewater utility systems shall be strictly prohibited in areas of the Township that are located outside of the water and sewer district.
B. 
In addition to the requirements established by the state and/or the county, the following site development and use requirements shall apply to community wastewater utility systems:
(1) 
Required standards and findings set forth in Article X shall be met.
(2) 
All operations and structures shall be surrounded on all sides by setbacks as follows:
(a) 
Twenty-five feet from the nearest property boundary for subsurface disposal systems of less than 10,000 gallons per day.
(b) 
Fifty feet from the nearest property boundary for subsurface disposal systems of between 10,000 gallons per day and less than 20,000 gallons per day.
(c) 
One hundred feet from the nearest property boundary for subsurface disposal systems of 20,000 gallons per day or greater.
(d) 
One hundred feet from the nearest property boundary for a lagoon, irrigation, or other aboveground system.
(3) 
Landscape buffering in accordance with § 40-13.02 shall be placed to minimize the appearance of the installation and to help confine the odors therein.
(4) 
The point of discharge of a community wastewater utility system shall be located a minimum of:
(a) 
Five hundred feet from another approved community wastewater utility system.
(b) 
Two thousand feet from the one-year capture zone of a public wellhead protection area and 500 feet from the five-year capture zone of a public wellhead protection area.
(c) 
Two hundred feet from a wetland, unless said wetland is constructed and approved as an integral treatment component of the community wastewater utility system.
C. 
Community wastewater utility systems shall also be subject to Chapter 36 of the Township Code of Ordinances. Therefore, a conditional use approval by the Planning Commission for a community wastewater utility system shall be conditioned upon and subject to Township Board approval under said community wastewater utility systems code provisions.
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.
(e) 
Steep slopes.
(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.
A. 
Where required. A natural feature setback shall be maintained in relation to all areas defined in this section as being a natural feature, unless and to the extent it is determined to be in the public interest not to maintain such setback, in accordance with the standards set forth in Subsection D below.
B. 
Natural features for setback purposes. The following are considered natural features for purposes of this article: a wetland subject to regulation by the Michigan Department of Environmental Quality, or a watercourse, defined as any waterway, including a river, stream, ditch, channel, canal, waterway, lake, pond, or any body of surface water having definite banks, a bed, and visible evidence of a continued flow or continued occurrence of water.
C. 
Regulated activities. Within an established natural feature setback there shall be no:
(1) 
Construction.
(2) 
Deposit of any material, including structures.
(3) 
Removal of any soils or minerals.
(4) 
Clearing of any native vegetation.
(5) 
Dredging, filling or land balancing.
(6) 
Constructing or undertaking seasonal or permanent operations.
D. 
Setback standards. The following setbacks shall apply:
(1) 
A twenty-five-foot nondisturbance setback from the boundary or edge of a protected wetland.
(2) 
A twenty-five-foot nondisturbance setback from the ordinary high-water mark of a watercourse.
(3) 
In addition, no building or construction shall occur within the greater of:
(a) 
One hundred feet from the high-water mark of any watercourse.
(b) 
Within the 100-year floodplain, according to the provisions of § 40-14.07.
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.
A. 
Purpose.
(1) 
The Federal Emergency Management Agency has identified flood hazard areas in Pittsfield Charter Township. It is the purpose of this section to reduce hazards to persons and damage to property in such areas and to comply with the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, and subsequent regulations enacted by the Federal Emergency Management Agency.
(2) 
This section is designed to achieve the following purposes:
(a) 
Protect human life, prevent or minimize property losses, and reduce public costs of rescue and relief efforts from the effects of flood conditions.
(b) 
Restrict or prohibit uses which, when located in designated flood hazard areas, are dangerous to health, safety, and property in times of flooding, or cause excessive increases in flood heights or velocities.
(c) 
Require that uses and structures which are vulnerable to floods, including public facilities, in designated flood hazard areas be protected against flood damage at the time of construction.
(d) 
Alert the public to lands which are unsuitable for certain uses and structures because of potential flood hazards.
(e) 
Permit reasonable use of property located within designated flood hazard areas.
B. 
Application of regulations.
(1) 
All designated flood hazard areas shall be subject to the provisions of this section. The Flood Boundary and Floodway Map and the flood profiles which are contained in the Flood Insurance Study and the Flood Insurance Rate Maps, dated May 15, 1991, or any updated Flood Insurance Rate Map, are hereby made part of this chapter.
(2) 
The general location of the designated flood hazard areas shall be shown on the Official Zoning Map but shall be shown only for the purpose of providing information. The precise location of floodway and flood hazard areas shall be determined from information as particularly specified on the Flood Boundary and Floodway Map, together with the flood profiles contained in the Flood Insurance Study, and by site surveys, and other base flood elevation data available from a federal, state or other source, where applicable.
(3) 
The requirements of this section overlay existing zoning districts. Compliance with the provisions of this section shall be in addition to compliance with the provisions of this chapter. Conflicts among provisions of this chapter or with provision of any other ordinance shall be resolved in favor of the more stringent requirement.
(4) 
No certificate of zoning compliance and no building permit shall be issued for any lot, use or structure subject, in whole or in part, to the provisions of this section until all provisions of this section, the underlying zoning district, and other applicable provision of this chapter have been met. The Zoning Administrator shall have the authority to determine whether a lot, use, or structure is subject to this section.
C. 
Information required. The following information shall be provided with an application for a certificate of zoning compliance for any lot, use, or structure located in whole or in part in a designated flood hazard area.
(1) 
Elevation of the lowest habitable floor, including basement, of all structures. The elevation shall be referenced to USGS data.
(2) 
If a structure is to be floodproofed, the elevation to which floodproofing will be utilized shall be indicated. The elevation shall be referenced to USGS data. In such case, a certificate of a professional engineer or architect registered in the State of Michigan shall be submitted indicating therein that the floodproofing criteria of this section will be met.
(3) 
A description of alteration or relocation of any watercourse.
(4) 
Proof of floodplain permit approval or letter of no authority from the Michigan Department of Environmental Quality, under the provisions of Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (formerly PA 245 of 1929, as amended).
(5) 
Base flood elevation data for any lot subject to the Subdivision Control Act (MCL 560.101 et seq).
(6) 
Additional information reasonably necessary to determine compliance with this section.
D. 
General standards for flood hazard areas. The following standards, and all applicable provisions of the currently adopted version of the BOCA Code as amended, shall apply to all land within a designated flood hazard area:
(1) 
All new construction and substantial improvements, including the placement of, or addition to or expansion of prefabricated structures and mobile homes, shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure; shall be constructed with materials and utility equipment resistant to flood damage; and shall be constructed by methods and practices that minimize flood damage to the smallest reasonable extents.
(2) 
New and replacement water supply systems shall reduce to the smallest reasonable extent infiltration of floodwaters into the systems.
(3) 
New and replacement sanitary sewage systems shall reduce to the smallest reasonable extent infiltration of floodwaters into the systems, and discharges from the system into floodwaters. On-site disposal systems shall be located to avoid impairment to the system or contamination from the system during flooding.
(4) 
Public utilities and facilities shall be designed, constructed, and located to reduce flood damage to such utilities and facilities to the smallest reasonable extent.
(5) 
Adequate drainage shall be provided to reduce exposure to flood hazards. Positive drainage away from all structures shall be provided.
(6) 
A watercourse within a designated flood hazard area shall not be relocated until approval has been obtained from the Michigan Department of Environmental Quality, the Washtenaw County Water Resources Commissioner, and Pittsfield Township, whichever has jurisdiction. Evidence of the approval shall be submitted by the person relocating the watercourse to the Federal Emergency Management Agency.
E. 
Specific standards for flood hazard areas, excluding floodways. The following standards shall apply to all land located within a designated flood hazard area but outside a floodway.
(1) 
All buildings or structures shall be elevated so that the lowest floor is located at or above the base flood elevation. All basement floor surfaces shall be located at or above the base flood elevation.
(2) 
Exceptions shall be permitted in accordance with applicable provisions of the currently adopted version of the BOCA Code, as amended.
F. 
Specific standards for floodways. The following standards shall apply to land located within the floodway portion of a designated flood hazard area:
(1) 
Encroachments, including fill, new construction, substantial improvements, and other development, shall be prohibited in a floodway. Exceptions to this standard shall be made only upon certification by a professional engineer registered in the State of Michigan, or by the Michigan Department of Environmental Quality in cases in which the Department has jurisdiction, that the encroachment or other development will not result in any increase in flood levels during the discharge of base flood, and that the encroachment or other discharge complies with Part 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.
(2) 
The uses and structures permitted in an underlying district shall not be permitted within a floodway, unless an exception is obtained as provided in Subsection F(1) preceding.
(3) 
Construction within a floodway shall be done with the least amount of disturbance to the existing vegetation.
A. 
Purpose. Trees and woodlands provide a number of public benefits, including environmental, social and aesthetic benefits. Uncontrolled development or tree removal could result in unnecessary removal of trees, woodlands, and related natural resources. Therefore, it is the intent of this section to provide for the protection, preservation, proper maintenance and use of trees and woodlands.
B. 
Tree removal exceptions. No tree shall be removed from a property except as follows:
(1) 
Diseased, weak, windblown, and disfigured trees.
(2) 
Trees that may be within an area designated specifically for buildings, structures, streets and driveways.
(3) 
If any living tree other than as specified above is proposed to be removed by any person, such person shall submit to the Planning Commission a site plan and required data, exhibits, and information as required in Article IX of this chapter.
(4) 
Tree trimming and removal necessary to the operation of essential service facilities of a municipal or other governmental department or agency or public utility franchised to operate in the Township.
C. 
Woodlands. A woodland is defined as any of the following:
(1) 
One-quarter acre or more of contiguously wooded land where the largest trees measure at least six inches in diameter at breast height (DBH). The acreage is to be measured from the dripline to dripline of trees on the perimeter. Contiguous shall be defined as the majority of the 1/4 acre being under the vegetation dripline.
(2) 
A grove, forming one canopy, of at least 10 trees with a DBH of 10 inches or more.
(3) 
Lands that contained woodlands that have had trees removed up to three years prior to a site plan being submitted to the Township. These areas shall also be considered woodlands for mitigation purposes outlined in this section. The Planning Commission may decide to estimate the number and size of trees over six inches in diameter that existed before the removal of the woodland through the use of aerial photographs or by counting remaining stumps. The Planning Commission may accept a study performed by a certified arborist or landscape architect as the determination of the number and size of the trees on the site at the time the woodland was removed. This estimated woodland shall be treated the same as any existing woodland in terms of mitigation. If the species of the former trees cannot be determined, it will be assumed that the species are either oak, hickory, or maple.
(4) 
Woodlands that contain native plant species are considered higher quality than those with significant numbers of invasive species. Cultivated woodlands derived from people's planting activities also have considerable importance to the community and are a valuable scenic resource to be preserved.
D. 
Heritage trees. Heritage trees are trees that are distinctive because of their age, size, type or historical significance, and are defined as any of the following:
(1) 
Any tree (except invasive species as identified in § 40-14.08G with a DBH of 24 inches or larger.
(2) 
Any tree that would qualify as a heritage tree that was removed from the site up to three years prior to a site plan being submitted to the Township. This tree shall be considered an existing heritage tree for mitigation purposes outlined in this section.
(3) 
Any tree on the list below that has attained the associated DBH size:
Table 14.08.D-1
Heritage Tree Size
Common Name
Botanical Name
Heritage Tree Size
(DBH in inches)
Ash
Fraxinus spp. (not cultivars)
18
Basswood
Tilia spp.
18
Beech
Fagus spp.
18
Cherry, black
Prunus serotina
18
Elm
Ulmus spp. (except pumila)
18
Fir
Abies spp.
18
Fir, douglas
Pseudotsuga menziesii
18
Kentucky coffeetree
Gymnocladus dioicus
18
Maple (silver)
Acer saccharinum
18
Pine
Pinus spp.
18
Spruce
Picea spp.
18
Sycamore: London planetree/American
Platanus spp.
18
Tulip poplar
Liriodendron tulipifera
18
Walnut, black
Juglans nigra
18
Hickory
Carya spp.
16
Honeylocust
Gleditsia tricanthos
16
Maple (red)
Acer rubrum
16
Maple (sugar)
Acer saccharum
16
Oak
Quercus spp.
16
Arborvitae
Thuja occidentalis
12
Bald cypress
Taxodium distichum
12
Birch
Betula spp.
12
Black tupelo
Nyssa sylvatica
12
Cherry, flowering
Prunus spp.
12
Crabapple
Malus spp.
12
Dawn redwood
Metasequoia glyptostroiboides
12
Ginkgo
Ginkgo biloba
12
Hackberry
Celtis occidentalis
12
Hawthorn
Crataegus
12
Hemlock
Tsuga spp.
12
Larch/tamarack
Larix spp.
12
Magnolia
Magnolia spp.
12
Pear
Pyrus spp.
12
Persimmon
Diospyros virginiana
12
Poplar
Populus (except p. deltoides, alba)
12
Sassafras
Sassafras albidum
12
Sweetgum
Liquidamber styraciflua
12
Yellow wood
Cladrastis lutea
12
Blue-beech/hornbeam
Carpinus caroliniana
8
Cedar
Juniperus spp. and upright cultivars
8
Cedar of Lebanon
Cedrus spp.
8
Chestnut
Castanea spp.
8
Dogwood, flowering
Cornus florida
8
Hop-hornbeam/ironwood
Ostrya virginiana
8
Maple, mountain/striped
Acer spicatum/pensylvanicum
8
Paw paw
Asimina triloba
8
Redbud, eastern
Cercis canadensis
8
Serviceberry
Amelanchier spp.
8
Butternut
Juglans cinerea
6
Chestnut, American
Castanea dentata
6
E. 
Tree and woodland protection. To the fullest extent possible, effort shall be made to preserve and protect woodlands and individual heritage trees. [See § 40-13.02B(6) for requirements about trees identified on plans "To Remain."] The following shall apply:
(1) 
Include existing woodlands and heritage trees within the site design as much as possible. Minimize clearing around buildings or for other site amenities.
(2) 
Excavated soils from basements and other necessary grading shall not be temporarily or permanently disposed of in a woodland or around heritage trees to be retained.
(3) 
Minimize grading/soil disturbance in the vicinity, and at a minimum within the CRZ, of retained trees.
(4) 
Provide for effective stormwater management to prevent a change in moisture levels and drainage patterns in woodlands and around heritage trees.
F. 
Tree mitigation. In general, woodlands are not to be removed for new development, and Heritage Trees shall not be removed for development except under the most extreme circumstances. Site design shall consider any Heritage Tree on a site an important design element. Removal shall be explained in the Natural Features Impact Statement, shall occur rarely, and be considered only after alternatives are studied and found not to be feasible.
(1) 
When woodlands and heritage trees are to be removed, as agreed to by the Planning Commission, the removal shall be mitigated as follows:
(a) 
Woodland trees six inches or larger DBH shall be mitigated by installation of replacement trees equal to a minimum of 100% of the original DBH removed.
(b) 
Heritage trees (including those located within woodlands to be removed) shall be mitigated by installation of replacement trees equal to a minimum of 150% of the original DBH removed.
(c) 
Replacement trees using caliper measurements must be provided at 140% of the DBH required.
(d) 
Replacement trees shall be nonsterile varieties of species native to Washtenaw County. The minimum size of a deciduous replacement tree shall be 2.5-inch caliper. The minimum size of an evergreen replacement tree shall be six feet in height. The Township may accept smaller sizes if they are part of a woodland restoration plan. If more than 10 trees are required, a mixture of three or more species must be used. Replacement trees required for mitigation purposes shall not be counted toward trees required for landscaping purposes.
(2) 
For each heritage tree that is removed without the approval of the Township Planning Commission, the applicant or the property owner shall provide a replacement tree or combination of trees of a species native to Michigan equal to a minimum of 200% of the original DBH. Replacement trees shall be installed by the applicant prior to issuance of a certificate of occupancy.
(3) 
Any protected woodlands or heritage trees that are determined, by a certified arborist, to be dead, dying, or severely damaged due to on-site construction activity within three years after issuance of a certificate of occupancy or final permit approval for development authorized by an approved site plan or plat shall be replaced by the applicant or property owner. The applicant or property owner shall provide a combination of trees native to Michigan equal in the aggregate to 100% of the DBH of the tree(s) that are lost. In the case of heritage trees, the natural features protection plan shall include a description of a proposed amount and type of security to be posted. The security shall be in the form of cash, surety bond or letter of credit, in an amount approved by the Planning Commission. The applicant shall provide the security to the Township prior to issuance of a certificate of occupancy by the Zoning Administrator.
(4) 
All required replacement trees shall be planted on the property on which the trees they are to replace were removed, unless sufficient area is not available on the property for all the required trees. If sufficient area is not available, the replacement trees that cannot be planted on-site may be planted off-site within Pittsfield Township on privately or publicly owned property, provided that the location and planting plan are approved by the Planning Commission. Written approval of the owner of the property on which the trees are to be planted shall be submitted to the Township before the Planning Commission may approve the location and the planting plan. After Planning Commission approval of the site plan, the applicant shall submit evidence to the Township of a recorded easement for the proposed off-site planting on privately owned property before planting may begin. The easement may not be modified in any manner unless prior approval is obtained from the Planning Commission.
G. 
Invasive plant species. The plant species set forth in the Prohibited Weeds and Invasive Plant List as adopted by the Township Board shall not require mitigation if removed from a development site.
A. 
Purpose. The purpose of this section is to establish a means of protecting existing land forms constituting steep slopes, protecting beneficial vegetation on steep slopes, and minimizing erosion by limiting disturbance on such land forms. The primary objective is preservation of natural contours rather than alteration by mass grading.
B. 
Where required. The following areas of the Township shall be considered steep slopes and shall be protected to the extent of the standards outlined in this section.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
STEEP SLOPES
A naturally occurring landform with a vertical change in elevation of six feet or more, and a slope of 12% or greater, and a length of 50 feet or more, measured parallel to the contour lines.
(1) 
PROHIBITIVE STEEP SLOPESAny naturally occurring landform with slopes of 40% or greater.
(2) 
PRECAUTIONARY STEEP SLOPESAny naturally occurring landform with slopes between 20% and 39%.
(3) 
MODERATE STEEP SLOPESAny naturally occurring land form with slopes between 12% and 19%.
D. 
Steep slope protection standards.
(1) 
Prohibitive steep slopes. Slopes of 40% or greater shall be protected as key scenic assets. No disturbance is allowed unless the Township determines it is in the public interest to do so. In that case, the standards of precautionary steep slopes shall apply.
(2) 
Precautionary steep slopes. Slopes of 20% to 39% shall be disturbed to the least extent possible. The following standards will be used to evaluate alteration to precautionary steep slopes:
(a) 
Development permitted on steep slopes shall maintain or enhance the natural contours.
(b) 
If any portion of a precautionary steep slope must be disturbed as part of an approved project, the balance of the slope area must be protected from disturbance during construction, and it must be managed/restored as a natural area thereafter.
(c) 
Native vegetation, as defined by this chapter, growing on the steep slope shall not be disturbed to the greatest extent possible.
(d) 
All areas disturbed as part of an approved project must be revegetated to ensure slope stability by native vegetation of similar caliper on a 1:1 basis.
(e) 
The built environment is to be of the lowest impact possible, minimizing the area of impervious surfaces. Underground utilities shall not be located in steep slopes.
(f) 
If additional stormwater is generated by the built environment or landscape, such additional stormwater is to be managed on-site in such a way that erosion does not occur. Drainage shall be directed to inlet structures and not be permitted to flow down slopes during and after construction.
(g) 
Protection measures must be in place before landform or vegetation disturbance takes place. Any damage to waterways or off-site locations from erosion must be promptly repaired to the fullest extent practicable, using best management techniques.
(3) 
Moderate steep slopes. Slopes of 12% to 19% shall require special techniques to prevent soil erosion. The following standards will be used to evaluate alteration to moderate steep slopes:
(a) 
Landscape work on these sites shall be conducted to restore native ecologies and promote slope stability.
(b) 
Stormwater runoff shall be reduced, and infiltration of stormwater enhanced through best management practices. Drainage shall be directed to inlet structures and not be permitted to flow down slopes during and after construction.
(c) 
Natural linkages of native vegetation/habitat shall be maintained with native vegetation/habitat on contiguous properties.
A. 
Purpose. Pittsfield Township's geology includes areas where water flows quickly through soil, where there is a high degree of permeable sand and gravel particles in the ground and where the water table is high. These areas, considered groundwater recharge areas, are particularly susceptible to groundwater contamination from development and land use activities.
B. 
Standards. The following standards shall be adhered to in areas of the Township where the risk of groundwater contamination is high:
(1) 
Development shall be located away from groundwater recharge areas.
(2) 
Where development occurs in these areas, impervious surfaces shall be limited to the greatest extent possible.
(3) 
Grading shall be minimized to retain the water holding characteristics of the land.
(4) 
Provisions of this chapter that protect land and water from pollution shall be applied to these areas to the greatest extent possible.
A. 
Purpose. Pittsfield Township promotes the effective and efficient use of wind energy conversion systems (WECS). It is the intent of the Township to permit WECS by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of WECS.
B. 
Approval required. It shall be unlawful to construct, erect, install, alter, or locate any WECS within the Township except in compliance with the section.
C. 
Accessory use application. Where an on-site WECS is allowed as an accessory use, the Zoning Administrator shall conduct an administrative plan review. An application for such review shall be submitted to the Township, and shall include the following:
(1) 
Name, address, and contact information.
(2) 
A general, written description of the proposed project as well as a legal description (property identification number) of the property on which the project would be located.
(3) 
A plan showing a map with the physical features and land uses of the project area, both before and after construction of the proposed project. The plan shall include:
(a) 
The project area boundaries.
(b) 
The location, height, and dimensions of all existing and proposed structures and fencing.
(c) 
Distance of proposed structure from all property lines and permanent structures.
(d) 
The location, grades and dimensions of all temporary and permanent on-site WECS access roads.
(e) 
Existing topography.
(f) 
Water bodies, waterways, wetlands, and drainage ditches (county drains).
(g) 
All new infrastructure above ground related to the project.
(h) 
The location of all overhead utility wires.
(4) 
Proof of the applicant's liability insurance covering the WECS.
(5) 
Documentation of the manufacturer's designed sound pressure levels (decibels) for unit to be installed.
(6) 
The applicant shall provide evidence of ownership of the land on which the WECS is to be located and the written consent of the landowner if different from the applicant. If the applicant is leasing land, the applicant shall provide a copy of the lease agreement and the landowner's written authorization for the applicant to construct the structure.
D. 
On-site WECS conditional use application.
(1) 
The application for an on-site WECS when permitted as a conditional use shall meet all of the requirements for a conditional use permit application, except that a complete site plan shall not be required unless:
(a) 
The proposed WECS involves changes to the site outside the footprint of the WECS; or
(b) 
The Planning Commission finds that the scale or character of the project or other factors, including the nature of the surrounding area warrants a complete site plan.
(2) 
If a complete site plan is not required by the Planning Commission, the applicant shall submit the information described in § 40-14.11C(3) above or such other information as the Planning Commission may determine.
E. 
Commercial WECS conditional use application. The application for a commercial WECS shall meet all of the requirements for a conditional use permit application and shall include a complete site plan in accordance with Article IX, Site Plan Review.
F. 
Standards and requirements. All on-site WECS and commercial WECS shall meet the standards and findings of § 40-10.04 and the following additional standards and requirements:
(1) 
Property setbacks.
(a) 
The distance between a WECS and the nearest property line shall be at least 1.5 times the height of the WECS.
(b) 
No part of the WECS structure, including guy wire anchors, may extend closer than 10 feet to the owner's property line.
(2) 
Height.
(a) 
On-site WECS shall be less than 150 feet in height.
(b) 
Commercial WECS shall be less than 275 feet in height.
(c) 
Height shall be measured from the existing grade to the tip of the turbine blade at its highest point.
(d) 
The applicant shall demonstrate compliance with all FAA lighting regulations and the Michigan Tall Structures Act (MCL 259.481 et seq.) as part of the approval process, if applicable.
(3) 
Other required setbacks.
(a) 
The distance between a WECS and a road or a public right-of-way shall be at least 1.5 times the height of the WECS.
(b) 
The distance between a WECS and any other on-site or commercial WECS shall be at least 1.5 times the height of the taller of the two WECS.
(4) 
Noise; sound pressure level.
(a) 
Audible noise or the sound pressure level of an on-site WECS or commercial WECS shall not exceed 55 dB(A) (A-weighted decibels) at the property line closest to the WECS. For commercial WECS, modeling and analysis of sound pressure shall be required in accordance with the provisions outlined below.
(b) 
This sound pressure level may be exceeded during short-term events, such as utility outages and/or severe wind storms.
(5) 
Shadow flicker. The applicant shall conduct an analysis of potential shadow flicker. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify impacted areas where shadow flicker may affect occupants or users of the structures or properties in the impacted area. The analysis shall describe measures that will be taken to eliminate or mitigate negative impacts.
G. 
Construction codes, towers, and interconnections standards.
(1) 
Every WECS shall comply with all applicable state construction codes and local building permit requirements.
(2) 
Every WECS shall comply with Federal Aviation Administration requirements, the Airport Zoning Act, the Tall Structures Act (PA 259 of 1959) (MCL 259.431), and any other applicable state or federal laws or regulations.
(3) 
An on-site WECS or commercial WECS that is tied to the electrical grid shall comply with Michigan Public Service Commission and utility interconnection requirements. Off-grid WECS are exempt from this requirement.
H. 
Safety.
(1) 
Design safety certification. The safety of the design of every WECS shall be certified by the applicant's professional engineer registered in the State of Michigan and reviewed by the Township. If WECS construction is approved, the professional engineer shall certify that the construction and installation of the WECS meets or exceeds the manufacturer's construction and installation standards, and any applicable state and federal laws and regulations prior to operation.
(2) 
Controls and brakes. Every WECS shall be equipped with manual and automatic controls to limit rotation of blades to a speed not to exceed the design limits of the WECS. The applicant's professional engineer must certify that the rotor and overspeed control design and fabrication conform to applicable design standards. No changes or alterations from certified design shall be permitted unless accompanied by a professional engineer's statement of certification approved by the Township.
(3) 
Lightning protection. Every WECS shall have lightning protection.
(4) 
Guy wires. If an on-site WECS is supported by guy wires, the wires shall be clearly visible to a height of a least six feet above the guy wire anchors. Every commercial WECS must be of a freestanding monopole design, and guy wires shall not be used.
(5) 
Grade clearance. The minimum vertical blade tip clearance from grade shall be 25 feet for any WECS employing a horizontal axis rotor.
(6) 
Interference. Every WECS shall be designed and operated to minimize or mitigate interference with existing electromagnetic communications, such as radio, telephone, microwave, or television signals.
(7) 
Color. Towers and blades shall be painted a nonreflective neutral color designated on the application and approved by the Township or as otherwise required by law.
(8) 
Climb prevention. Every WECS must be protected by anticlimbing devices such as:
(a) 
Fences with locking portals at least eight feet high.
(b) 
Anticlimbing devices 12 feet from base of pole including anticlimb panels, anticlimb brackets, and other similar devices.
I. 
Removal of abandoned on-site WECS. In the event an on-site WECS is abandoned or unused for a period of 180 days, or if a WECS is damaged, the owner of the tower or the land shall promptly remove the tower and all related equipment. Failure to remove the tower and related equipment in accordance with the foregoing shall subject the tower owner and landowner to fines established by the Township Board. In addition, by accepting a permit for the on-site WECS, the applicant and landowner agree that in the event the tower and equipment is not removed as required, after 30 days' notice from the Township, the Township may undertake such removal and bill the costs to the applicant and landowner plus an administrative fee of 15% which, if not paid within 30 days, shall be assessed against the land on which the tower and equipment is located and collected in the same manner as delinquent taxes.
J. 
Additional requirements for commercial WECS. The following standards and requirement shall apply to every commercial WECS:
(1) 
Warnings. A visible warning sign of high voltage shall be placed at the base of every commercial WECS. The sign must have at least six-inch letters with three-fourths-inch stroke. Such signs shall be located a maximum of 300 feet apart and at all points of site ingress and egress.
(2) 
Signage. In addition to warning signs and signs required by law, every commercial WECS shall be equipped with a sign containing owner identification and contact information. No other signs or advertising are permitted.
(3) 
Liability insurance. The owner or operator of a commercial WECS shall maintain a current commercial liability and property damage insurance policy with coverage limits acceptable to the Township pertaining to installation and operation of the commercial WECS. The amount and terms of the policy shall be established as a condition of conditional use permit approval. The Township and landowner shall be named as additional insureds. Certificates of insurance shall be provided to the Township annually.
(4) 
Security. The application shall include a description of security to be posted at the time of receiving a building permit for the WECS to ensure removal of the WECS when it has been abandoned or is no longer needed, as provided in Subsection J(9) below. The security shall be in compliance with § 40-3.09 for the timely removal of the commercial WECS as required under this section, and payment of any costs and attorney fees incurred by the Township in connection with such removal.
(5) 
Visual appearance; lighting; power lines. The design of the WECS buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend WECS components with the natural setting and existing environment. For commercial WECS exceeding minimum FAA height requirements for lighting, minimum FAA lighting standards shall not be exceeded. All tower lighting required by the FAA shall be shielded to the extent possible to reduce glare and visibility from the ground. The tower shaft shall not be illuminated unless required by the FAA. The electrical collection system shall be placed underground within the interior of each parcel at a depth designed to accommodate any existing land use to the maximum extent practicable. The collection system may be placed overhead adjacent to public roadways, at points of interconnection to the electric grid or in other areas as necessary.
(6) 
Wildlife impact. The applicant shall submit an avian study by a qualified professional, such as an ornithologist or wildlife biologist, describing the potential impact of the commercial WECS on migratory birds or bats and threatened or endangered species.
(7) 
Annual inspection; maintenance. The WECS and surrounding area shall be maintained in accordance with industry standards, including painting and landscaping. Every commercial WECS must be inspected annually by an authorized factory representative or professional engineer to certify that the WECS is in good working condition and is not a hazard to persons or property. Certification records shall be submitted annually to the Township.
(8) 
Sound pressure level. As part of the application and prior to installation of any commercial WECS, the applicant shall provide modeling and analysis that will confirm that the commercial WECS will not exceed the maximum permitted sound pressure levels. Modeling and analysis shall conform to IEC 61400 and ISO 9613. After installation of the commercial WECS, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a Type II sound meter. Documentation of the sound pressure level measurements shall be provided to the local government within 60 days of the operation of the project.
(9) 
Removal. A commercial WECS shall be removed by the owner of the WECS or land when the commercial WECS has been abandoned or unused for 180 days (non-use period). For purposes of this section, the damage, destruction or removal of any part of WECS equipment, or the cessation of operations shall be considered as the beginning of a non-use period. The WECS owner or applicant shall notify the Township of the beginning of any non-use period or any removal of equipment. The end of the non-use period may be sooner than 180 days after commencement if the WECS or any portion of the facility becomes a nuisance or is dangerous to the public health, safety, and welfare.
(a) 
At the end of the non-use period, the owner of the WECS or the land shall immediately apply for and obtain any applicable demolition or removal permit, and shall immediately proceed with and complete the demolition and removal of the WECS and restoration of the land to the condition existing prior to installation, to the extent reasonably feasible.
(b) 
If the required demolition, removal and restoration of the WECS has not been lawfully completed within 60 days after the end of the non-use period, then after 15 days' prior written notice to the landowner and the WECS owner, the Township may remove or secure the removal of the WECS and related equipment and the Township's costs, expenses, attorneys' fees and consultants' fees, plus a fifteen-percent administrative charge may be drawn and collected from the security described in Subsection J(4) above, and any costs and fees in excess of the amount of the security shall constitute a lien on the land on which the WECS is located and may be collected in the same manner as delinquent taxes.
A. 
Purpose. Pittsfield Township promotes the effective and efficient use of solar energy collection systems. It is the intent of the Township to permit these systems by regulating the siting, design, and installation of such systems to protect the public health, safety, and welfare, and to ensure compatibility of land uses in the vicinity of solar energy collectors. Building-mounted and ground-mounted solar energy collectors, as defined in this chapter, shall comply with the provisions of this section.
B. 
Criteria for the use of all solar energy equipment.
(1) 
Solar energy equipment shall be located in the least visibly obtrusive location where panels would be functional.
(2) 
Solar energy equipment shall be repaired or replaced within three months of becoming nonfunctional.
(3) 
Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).
C. 
Application for administrative review. An applicant who seeks to install building-mounted solar energy equipment shall submit an application for administrative review, as provided by the Township. The application shall include the following:
(1) 
Photographs of the property's existing conditions.
(2) 
Renderings or catalogue cuts of the proposed solar energy equipment.
(3) 
Certificate of compliance demonstrating that the system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
(4) 
Plot plan to indicate where the solar energy equipment is to be installed on the property.
(5) 
Description of the screening to be provided for ground- or wall-mounted solar energy equipment.
D. 
Exclusions from administrative review.
(1) 
The installation of one solar panel with a total area of less than eight square feet.
(2) 
Repair and replacement of existing solar energy equipment, provided that there is no expansion of the size or coverage area of the solar energy equipment.
E. 
Building-mounted solar energy collector requirements. A building-mounted solar energy collector shall be a permitted accessory use in all zoning districts, subject to the following requirements:
(1) 
An administrative review is required for all building-mounted solar energy collectors permitted as an accessory use. (See exclusions in Subsection D above.)
(2) 
Solar energy collectors that are mounted on the roof of a building shall not project more than five feet above the highest point of the roof but, in any event, shall not exceed the maximum building height limitation for the zoning district in which it is located, and shall not project beyond the eaves of the roof.
(3) 
Solar energy collectors mounted on the roof of a building shall be only of such weight as can safely be supported by the roof. Proof thereof, in the form of certification by a professional engineer or other qualified person, shall be submitted to the Township Building Official prior to installation; such certification shall be subject to the Building Official's approval.
(4) 
Solar energy collectors that are roof-mounted, wall-mounted or are otherwise attached to a building or structure shall be permanently and safely attached to the building or structure. Proof of the safety and reliability of the means of such attachment shall be submitted to the Building Official prior to installation; such proof shall be subject to the Building Official's approval.
(5) 
Solar energy collectors that are wall-mounted shall not exceed the height of the building wall to which they are attached.
(6) 
Solar energy collectors shall not be mounted on a building wall that is parallel to an adjacent public right-of-way.
(7) 
The exterior surfaces of solar energy collectors that are mounted on the roof or on a wall of a building, or are otherwise attached to a building or structure, shall be generally neutral in color and substantially nonreflective of light.
(8) 
Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer's directions. Upon request, a copy of such directions shall be submitted to the Township Building Official prior to installation. The Building Official may inspect the completed installation to verify compliance with the manufacturer's directions.
(9) 
Solar energy collectors, and the installation and use thereof, shall comply with the Township Construction Code, the Electrical Code, and other applicable Township construction codes.
F. 
Ground-mounted solar energy collector requirements. A ground-mounted solar energy collector system shall be a conditional use, subject to the approval of the Planning Commission under Article X, and subject to the following requirements:
(1) 
Ground-mounted commercial solar energy systems and fields are permitted as a conditional use in the PF Public Facility, AG Agricultural and RC Recreation Conservation Districts only.
(2) 
Ground-mounted solar energy collectors shall be located only as follows:
(a) 
They may be located in the rear yard and the side yard, but not in the required rear yard setback or in the required side yard setback unless permitted by the Planning Commission in its approval of the conditional land use.
(b) 
They may be located in the front yard only if permitted by the Planning Commission in its approval of the conditional land use but, in any event, they shall not be located in the required front yard setback.
(3) 
Ground-mounted solar energy collectors shall not exceed 16 feet in height, measured from the ground at the base of such equipment.
(4) 
The total area of ground-mounted solar energy collectors shall be included in the calculation of the maximum permitted lot coverage requirement for the parcel of land.
(5) 
Solar energy collectors shall be permanently and safely attached to the ground. Proof of the safety and reliability of the means of such attachment shall be submitted with the conditional use application and shall be subject to the Planning Commission's approval.
(6) 
Solar energy collectors shall be installed, maintained and used only in accordance with the manufacturer's directions. A copy of such directions shall be submitted with the conditional use application. The conditional use, if granted, may be subject to the Building Official's inspection to determine compliance with the manufacturer's directions.
(7) 
The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially nonreflective of light.
(8) 
Ground-mounted solar energy collectors, and the installation and use thereof, shall comply with the Township Construction Code, the Electrical Code and other applicable Township construction codes.
(9) 
The conditional use may include terms and conditions in addition to those stated in this subsection.
G. 
Solar access requirements. When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot shall not be located so as to block the solar collector's access to solar energy. The portion of a solar collector that is protected is the portion which:
(1) 
Is located so as not to be shaded between the hours of 10:00 a.m. and 3:00 p.m. by a hypothetical twelve-foot obstruction located on the lot line; and
(2) 
Has an area not greater than one-half of the heated floor area of the structure, or the largest of the structures, to be served.
H. 
Solar access exemptions. Structures or vegetation existing on an abutting lot at the time of installation of the solar energy collection system, or the effective date of this chapter, whichever is later is exempt from Subsection G above. Said subjection described in Subsection G above controls any structure erected on, or vegetation planted in, abutting lots after the installation of the solar energy collection system.
A. 
Purpose. While Pittsfield Township promotes the effective and efficient use of renewable energy systems, an open loop geothermal system can deplete and pollute the Township's groundwater. A closed loop geothermal system can pollute the groundwater if not properly constructed or maintained. These regulations are for the purpose of protecting the quality and quantity of the Township's groundwater from these potential dangers.
B. 
General requirements. Geothermal energy system components shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).
C. 
Open loop geothermal systems. No person shall install or maintain an open loop geothermal system within the Township.
D. 
Closed loop geothermal system. A person may install and operate a closed loop geothermal system only in accordance with the requirements of this section.
(1) 
A permit must be approved and obtained from the appropriate governing agency of Washtenaw County.
(2) 
A building permit must be approved and obtained from the Township Building Official. The applicant shall submit a certificate of compliance demonstrating that the proposed system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
(3) 
The systems shall be tested hydrostatically at 1 1/2 times the maximum system design pressure, but not less than 100 psi. The duration of each test shall not be less than 15 minutes. All geothermal systems must be pressure checked to the original standard by a licensed geothermal contractor every three years from the certification system date. Results from the test shall be submitted to the Building Department. No person shall operate a system if a test reveals that it is likely to leak the heat transfer liquid.
(4) 
All above-ground equipment shall comply with the setback requirements of the respective zoning district.
(5) 
Equipment, piping, and all other devices shall not be located in any easement or right-of-way.