Environmental protection and design standards are established
in order to preserve the short- and long-term environmental health,
safety, and quality of the Township. 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. 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 standards. No use, otherwise allowed,
shall be permitted within any district that does not conform to the
following standards of use, occupancy, and operation. These standards
are established as minimum requirements to be maintained.
A.
Smoke.
(1)
A person shall not cause or permit to be discharged into the
atmosphere from a single source of emission, visible air contaminant
of a density darker than No. 1.0 of the Ringelmann Chart or not more
than 20% opacity except:
(a)
A visible air contaminant of a density not darker than No. 2
of the Ringelmann Chart or not more than 40% opacity may be emitted
for not more than three minutes in any sixty-minute period, but this
emission shall not be permitted on more than three occasions during
any twenty-four-hour period.
(b)
Where the presence of uncombined water vapor is the only reason
for failure of an emission to meet the requirements of this rule.
(2)
The density of an air contaminant emission shall be measured
at the point of its emission, except when the point of emission cannot
be readily observed, it may be measured at an observable point on
the plume nearest the point of emission.
(3)
Darkness of a visible emission of an air contaminant shall be
graded by using the Ringelmann Chart or by means of a device or technique
which results in a measurement of equal or better accuracy.
(4)
Opacity of a visible emission of an air contaminant shall be
graded by observers trained by and certified by the Air Pollution
Control Division, Wayne County Health Department.
B.
Dust, dirt and fly ash.
(1)
No person, firm or corporation shall operate or cause to be
operated, maintained or cause to be maintained, any process for any
purpose, or furnace or combustion device for the burning of coal or
other natural or synthetic fuels, without maintaining and operating,
while using said process or furnace or combustion device, recognized
and approved equipment, means, method, device or contrivance to reduce
the quantity of gas-borne or airborne solids or fumes emitted into
the open air, which is operated in conjunction with said process,
furnace, or combustion device so that the quantity of gas-borne or
airborne solids shall not exceed those allowed by the Wayne County
Air Pollution Control Regulation.
(2)
Method of measurement. For the purpose of determining the adequacy
of such devices, these conditions are to be conformed to when the
percentage of excess air in the stack does not exceed 50% at full
load. The foregoing requirement shall be measured by the ASME test
code for the dust-separating apparatus. All other forms of dust, dirt,
and fly ash shall be completely eliminated insofar as escape or emission
into the open air is concerned. The Building Official may require
such additional data as is deemed necessary to show that adequate
and approved provisions for the prevention and elimination of dust,
dirt, and fly ash have been made.
C.
Air contaminants, water vapors and odors.
(1)
Air contaminants and water vapors. A person shall not cause
or permit the emission of an air contaminant or water vapor in quantities
that cause, alone or in reaction with other air contaminants, either
of the following:
(2)
Odors.
(a)
Odorous emissions shall be classified according to the following
scale:
|
0
|
A concentration of an odorant which produces no sensation.
| |
|
1
|
Concentration which is just barely detectable.
| |
|
2
|
A distinct and definite odor whose characteristic is clearly
detectable.
| |
|
3
|
An odor strong enough to cause a person to attempt to avoid
it completely.
| |
|
4
|
An odor so strong as to be overpowering and intolerable for
any length of time.
|
(b)
An odor which has an odor intensity of two or more but does
not cause a reasonable person to believe that the odor unreasonably
interferes with the comfortable enjoyment of life and property does
not constitute a violation of this section. A person in violation
of this section is subject to enforcement activities pursuant to this
chapter.
D.
Gases. The escape of or emission of any gas which is injurious, a
nuisance, destructive or explosive shall be unlawful and may be summarily
caused to be abated.
E.
Wind-borne pollutants. It shall be unlawful for any person to operate
or maintain, or cause to be operated or maintained, on any premises,
open area, right-of-way, storage pile of materials, or vehicle, or
construction, alteration, demolition, or wrecking operation or any
other enterprise that involves any handling, transportation, or disposition
of any material or substance likely to be scattered by the wind, or
susceptible to being wind-borne, without taking precautions or measures
that will eliminate the escape of air contaminants. No person shall
maintain or conduct, or cause to be maintained or conducted any parking
lot, or automobile and/or truck sales lot, or cause or permit the
use of any roadway under his control unless such lot or roadway is
maintained in such a manner as to eliminate the escape of air contaminants.
A.
Any building requiring yard space shall be located at such an elevation
that a finished grade shall be maintained to cause the flow of surface
water to run away from the walls of the building. All grades shall
be established and maintained so that surface water runoff damage
does not occur to adjoining properties prior to, during, and after
construction.
B.
When a new building is constructed on a vacant lot between two existing
buildings or adjacent to an existing building, the Building Official
shall use the existing established finished grade or the minimum established
(natural) grade, in determining the proper grade around the new building.
The yard around the new building shall be graded in such a manner
as to meet existing codes and to preclude excessive quantities of
runoff of surface water to flow onto the adjacent property.
C.
Final grades shall be approved by the Building Official, who may
require a grading plan that has been duly completed and certified
by a registered engineer or land surveyor.
No use shall:
A.
Create any electrical disturbance that adversely affects any operations
or equipment other than those of the creator of such disturbance.
B.
Cause, creates, or contributes to the interference with electronic
signals (including television and radio broadcasting transmission)
to the extent that the operation of any equipment not owned by the
creator of such disturbance is adversely affected.
Any activity involving the use or storage of flammable or explosive
materials shall be protected by adequate firefighting and fire-suppression
equipment and 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. The storage and handling of flammable liquids, liquefied
petroleum, gases and explosives shall comply with the State's Rules
and Regulations as established by Public Act No. 207 in 1941, as amended.[1]
[1]
Editor's Note: See MCLA § 29.1 et seq.
A.
Glare from any process (including but not limited to arc welding
or acetylene torch cutting) which emits harmful ultraviolet rays shall
be performed in such a manner as not to be seen from any point beyond
the property line, and as not to create a public nuisance or hazard
along lot lines.
B.
The design and/or screening of the development shall insure that
glare from automobile and commercial or industrial vehicle headlights
shall not be directed into any adjacent property, particularly residential
property. Vehicle access drives are the only exclusion to this provision.
C.
Exterior lighting shall be located and maintained to prevent the
reflection and glare of light in a manner which creates a nuisance
or safety hazard to operators of motor vehicles, pedestrians, and
neighboring land uses. This provision is not intended to apply to
public streetlighting.
D.
Any operation which produces intense glare shall be conducted within
an enclosure so as to completely obscure and shield such operation
from direct view form any point along the lot lines.
E.
Exterior doors shall be located, operated, and maintained so as to
prevent any glare and light from creating a nuisance or safety hazard
to operators of motor vehicles, pedestrians, and neighboring land
uses.
F.
On-site lighting, i.e., pole- or wall-mounted lights, etc. shall
conform to the following regulations:
(1)
It is the goal of the Township to minimize lighting levels to
reduce off-site impacts, prevent the reflection and glare of light
in a manner which creates a nuisance or safety hazard to operators
of motor vehicles, pedestrians, and neighboring land uses, and to
promote "dark skies" in keeping with the rural character of Huron
Township.
(2)
When site plan review is required, all lighting, including signage
and ornamental lighting, shall be shown on site plans in sufficient
detail with appropriate photometric studies to allow determination
of the effects of such lighting upon adjacent properties, traffic
safety, and overhead sky glow. The objectives of these specific actions
are to minimize undesirable on-site effects.
(3)
Only metal halide lighting shall be permitted. For all nonresidential
uses, full-cutoff shades are required for light sources so as to direct
the light onto the site and away from adjoining properties. The light
source shall be recessed into the fixture so as not to be visible
from off site. Building- and pole-mounted fixtures shall be parallel
to the ground. Wall-pack type lighting shall be prohibited.
(4)
Lighting for uses adjacent to residentially zoned or used property
shall be designed and maintained such that illumination levels when
measured at five feet above grade do not exceed 0.1 footcandle along
property lines. Lighting for uses adjacent to nonresidential properties
shall be designed and maintained such that illumination levels do
not exceed 0.3 footcandle along property lines.
(5)
Where lighting is required, maximum light levels shall not exceed
25 footcandles directly beneath a light fixture. Lighting levels shall
not exceed three footcandles as measured directly between two fixtures.
The Planning Commission may allow for an increased level of lighting
above maximum permissible levels when determined that the applicant
has demonstrated that such lighting is necessary for safety and security
purposes.
(6)
For the purposes of this section, all lighting measurements
shall be taken at five feet above ground level.
(7)
For parking lots of less than 100 parking spaces, lighting fixtures
shall not exceed a height of 16 feet measured from the ground level
to the center line of the light source. For parking lots of more than
100 spaces, lighting fixtures shall not exceed a height of 18 feet
measured from the ground level to the center line of the light source.
The Planning Commission may allow for an increased height when determined
that the applicant has demonstrated that the additional height is
necessary for safety and security purposes.
(8)
Signs shall be illuminated only in accordance with the regulations
set forth in this chapter. In addition, signs within residential districts
shall not be illuminated.
A.
The purpose of this section is to:
(1)
Protect and preserve the appearance, character, and value of
the community.
(2)
Minimize noise, air, and visual pollution.
(3)
Improve the overall aesthetics and appearance, divide the expanse
of pavement, and define parking areas and vehicular circulation within
off-street parking lots and other vehicular use areas.
(4)
Require buffering of residential areas from more intense land
uses and public road rights-of-way.
(5)
Prevent soil erosion and soil depletion and promote subsurface
water retention.
(6)
Encourage an appropriate mixture of plant material, including
but not limited to evergreen and deciduous trees and shrubs, to protect
against insect and disease infestation and produce a more aesthetic
and cohesive design.
(7)
Encourage the integration of existing woodlands in landscape
plans.
B.
Application of requirements. These requirements shall apply to all uses for which site plan review is required under § 530-12 of this chapter, condominium and site condominium review as required under § 530-13 of this chapter, and subdivision plat review as required under the Subdivision Control Ordinance.[1] No site plan, condominium/site condominium plan, or subdivision
plat shall be approved unless a landscape plan is provided which meets
the requirements set forth herein.
C.
Landscape plan requirements. A separate detailed landscape plan shall
be required to be submitted to the Township as part of the site plan
review or tentative preliminary plat review. The landscape plan shall
demonstrate that all requirements of this section are met and shall
include, but not necessarily be limited to, the following items:
(1)
Location, spacing, size, root type and descriptions for each
plant type.
(2)
Typical straight cross section, including slope, height, and
width of berms.
(3)
Typical construction details to resolve specific site conditions,
including but not limited to landscape walls and tree wells used to
preserve existing trees or maintain natural grades.
(4)
Details in either text or drawing form to ensure proper installation
and establishment of proposed plant materials.
(5)
Identification of existing trees and vegetative cover to be
preserved.
(6)
Identification of grass and other ground cover and method of
planting.
(7)
Identification of landscape maintenance program, including statement
that all diseased, damaged, or dead materials shall be replaced in
accordance with standards of this chapter.
D.
Screening between land uses.
(1)
Upon any improvement for which a site plan is required, a landscape
buffer shall be constructed to create a visual screen at least six
feet in height along all adjoining boundaries between either a conflicting
nonresidential or conflicting residential land use and residentially
zoned or used property (see Exhibit 1). A landscape buffer may consist
of earthen berms and/or living materials so as to maintain a minimum
opacity of at least 80%. Opacity shall be measured by observation
of any two square yard area of landscape screen between one foot above
the established grade of the area to be concealed and the top or the
highest point of the required screen. The plantings must meet this
standard based upon reasonably anticipated growth over a period of
three years.
|
Exhibit 1
|
(2)
Where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence shall be required by the Township. Such wall or fence shall be a minimum of six feet in height as measured on the side of the proposed wall having the higher grade (see § 530-45, Fences, walls and screens). A required wall shall be located on the lot line except where underground utilities interfere and except in instances where this Zoning Ordinance requires conformity with front yard setback requirements. Upon review of the landscape plan, the Township may approve an alternate location of a wall. The Township shall approve the construction materials of the wall or fence which may include face brick, poured-in-place simulated face brick, precast brick face panels having simulated face brick, stone or wood.
E.
Parking lot landscaping.
(1)
Required landscaping within parking lots. Separate landscape
areas shall be provided within parking lots in accordance with the
following requirements and Exhibit 2:
(a)
There shall be a minimum of one tree for every eight parking
spaces, provided that a landscape island shall be provided for no
more than 16 continuous spaces.
(b)
Landscaping shall be arranged in curbed islands within the parking
lot, which shall not be less than 50 square feet in area.
(c)
A minimum distance of three feet from the backside of the curb
and the proposed landscape plantings shall be provided. Where vehicles
overhang a landscape island or strip, a minimum distance of five feet
from the backside of the curb and the proposed landscape plantings
shall be provided.
(d)
Each interior parking lot island shall be no less than 10 feet
wide.
(e)
The Township, at its discretion, may approve alternative landscape
plantings at the perimeter of parking lots where landscaping within
parking lots would be impractical due to the size of the parking lot
or detrimental to safe and efficient traffic flow, or would create
an unreasonable burden for maintenance and snowplowing.
|
Exhibit 2
|
(2)
Required landscaping at the perimeter of parking lots. Separate
landscape areas shall be provided at the perimeter of parking lots
in accordance with the following requirements and Exhibit 3:
(a)
Parking lots which are considered to be a conflicting land use as defined by this section shall meet the screening requirements set forth in § 530-117D above.
(b)
Parking lots shall be screened from view with a solid wall at
least three feet in height along the perimeter of those sides which
are visible from a public road. The Township, at its discretion, may
approve alternative landscape plantings in lieu of a wall.
|
Exhibit 3
|
F.
Greenbelts. A greenbelt shall be provided, the depth of which shall
be the applicable zoning district's required yard setback dimension
as measured around the entire perimeter of the development, and be
landscaped as follows and as depicted in Exhibit 4:
(1)
The greenbelt shall be landscaped with a minimum of one tree
for every 30 lineal feet, or fraction thereof, of the entire parcel
perimeter. Nonornamental deciduous trees within a greenbelt shall
be a minimum caliper of 2 1/2 inches or greater. Evergreen trees
within a greenbelt shall be a minimum height of six feet.
(2)
If ornamental deciduous trees are substituted for either nonornamental
deciduous trees or evergreen trees, they shall be provided at a minimum
of one tree for every 20 lineal feet, or fraction thereof, of frontage
abutting a public road right-of-way. Ornamental deciduous trees within
a greenbelt shall be a minimum caliper of two inches or greater.
(3)
Existing trees may be counted towards the greenbelt planting
requirements, provided they are located within the perimeter setback
area as defined above. However, mitigation/replacement trees may not
be used to satisfy the greenbelt planting requirements.
(4)
In addition to the required trees within the greenbelt, the
remainder of the greenbelt shall be landscaped in grass, ground cover,
shrubs and other natural landscape materials.
(5)
Access drives from public rights-of-way through required greenbelts
shall be permitted, but such drives shall not be subtracted from the
lineal dimension used to determine the minimum number of trees required.
(6)
The only circumstance under which the greenbelt depth can be
modified is as follows:
(a)
An existing lot is less than the minimum lot width requirements
of the ordinance and thus results in a restricted building site. Under
these circumstances, the Planning Commission may consider a reduced
front yard greenbelt which in no case shall be less than 50% of the
required front yard setback.
(b)
When no more than 20% of the required parking is provided between
the building and the front property line, the Planning Commission
may consider a reduced front yard greenbelt which in no case shall
be less than 10 feet.
(c)
When a parcel abuts a non-residentially zoned or used lot, the
side and rear greenbelts may be reduced to no less than 10 feet.
|
Exhibit 4
|
G.
Site landscaping. In addition to any landscape greenbelt and/or parking
lot landscaping required by this section, 10% of the site area, excluding
existing public rights-of-way, shall be landscaped. Such site area
landscaping may include a combination of the preservation of existing
tree cover, planting of new trees and plant material, landscape plazas
and gardens and building foundation planting beds. Site area landscaping
shall be provided to screen potentially objectionable site features,
including but not limited to transformer pads, air-conditioning units,
and loading areas.
H.
Stormwater retention/detention basins. All such ponds shall be designed
as an integral part of the overall site plan and considered a natural
landscape feature having an irregular shape. The following standards
shall be considered minimum landscaping requirements for the zones
within a retention/detention pond/basin:
(1)
Retention/detention pond/basin zones.
(a)
Pond zone (depths from zero feet to three feet). Plants in this
zone are entirely or partially submerged, utilize nutrients from stormwater
runoff, and provide habitat for wildlife, including but not limited
to waterfowl and aquatic insects.
(b)
Edge zone (permanent water elevation to high water mark). Plants
in this zone can withstand periods of inundation and drought and function
to stabilize the side slopes of the basin, utilize nutrients, provide
habitat for waterfowl, reduce water temperatures, and conceal drawdown
in typical mowed ponds.
(c)
Upland zone (high water mark to one-hundred-year flood elevation
and beyond). Plants in this zone can withstand periods of inundation
and drought and function to stabilize side slopes, provide habitat
for waterfowl, songbirds and other wildlife, consist of low-maintenance
species, and are selected based on soil condition and light, and function
as little or no inundation of stormwater may occur.
(2)
Minimum planting standards by zone.
(a)
Pond zone. Plants shall be a combination of submerged, emergent
and wetland edge plantings, generally plugs and bare-root stock, and
consisting of no less than four plant species or a suitable seed mix.
No less than 25% of the outer fifteen-foot perimeter of the zone shall
be landscaped as noted.
(b)
Edge zone. Plants shall be a combination of wetland edge or
sedge meadow seed mixes. No less than 50% of the zone shall be landscaped
as noted.
(c)
Upland zone. Plants shall be a combination of sedge meadow or
prairie seed mixes. As measured along the pond perimeter (i.e., top
of bank elevation), no less than one deciduous or evergreen tree and
five shrubs shall be planted for every 50 lineal feet of pond perimeter.
The required trees shall be planted in a random pattern or in groups,
and their placement of not limited to the top of the pond bank.
I.
Subdivision and site condominium landscaping. Landscaping for single-family
residential subdivisions and site condominiums shall be provided in
accordance with the following requirements:
(2)
Screening between land uses. Where a subdivision or site condominium contain uses which are defined as conflicting land uses by this chapter, the screening requirements set forth in § 530-117D shall be met.
(3)
Screening from public roads. Where a subdivision or site condominium abuts a public road right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in § 530-117D shall be met.
(4)
Front yard landscaping. No less than 50% of all front yards
shall contain pervious materials, including but not limited to sod
(not seed), ground cover, hedges, trees, etc.
(5)
Wetland and watercourse buffers. No less than a twenty-five-foot buffer shall be maintained upland from the ordinary high water mark of a wetland and/or watercourse. No structures or exotic invasive plants (see § 530-117K) may be placed within the buffer. The area shall also be maintained in its natural state, free of turf grass and the use of native plantings is encouraged.
(6)
Water supply. All landscaped common areas shall be provided
with a readily available and acceptable water supply, or at least
one outlet within 100 feet of all planted material to be maintained.
Adequate provisions may also be accomplished by installation of an
irrigation system or outside hose bibs of sufficient quantity and
location to provide water for the landscape common areas.
(7)
Other site improvements. A landscape plan for a subdivision
or site condominium development shall also include landscaping details
of the entrance to the development, stormwater retention and/or detention
areas, community buildings and other recreational areas, and any other
site improvement which would be enhanced through the addition of landscaping.
Where applicable, all such areas shall be sided or hydro-seeded to
minimize weeds and invasive species.
J.
Screening of trash containers.
(1)
Outside trash disposal containers shall be screened on all sides
with an opaque fence or wall, and gate at least as high as the container,
but no less than six feet in height, and shall be constructed of material
which is compatible with the architectural materials used in the site
development.
(2)
Containers shall be consolidated to minimize the number of collection
sites, and located so as to reasonably equalize the distance from
the buildings they serve.
(3)
Containers and enclosures shall be located away from public
view insofar as possible.
(4)
Containers and enclosures shall be situated so that they do
not cause excessive nuisance or offense to occupants of nearby buildings.
(5)
Concrete pads of appropriate size and construction shall be
provided for containers or groups of containers having a capacity
of six thirty-gallon cans or more. Aprons shall be provided for loading
of bins with a capacity of 1.5 cubic yards or more.
(6)
For storage of recyclable materials, the enclosure area and
pad size shall be increased to amply accommodate the extra materials
and their containers.
(7)
Screening and gates shall be of a durable construction.
K.
Landscape elements. The following minimum standards shall apply:
(1)
Quality. Plant materials shall be of generally acceptable varieties
and species, free from insects and diseases, hardy to southeast Michigan,
conform to the current minimum standard of the American Association
of Nurserymen, and shall have proof of any required governmental regulations
and/or inspections.
(2)
Size. In determining conformance with the planting requirements
of this chapter, all plant material shall be measured in accordance
with the current American Standard for Nursery Stock, ANSI Z60.1.
(3)
Composition. A mixture of plant material, including but not
limited to evergreen deciduous trees and shrubs, is recommended as
a protective measure against insect and disease infestation. A limited
mixture of hardy species is recommended rather than a large quantity
of different species to produce a more aesthetic, cohesive design
and avoid a disorderly appearing arrangement. The following are species
that are prohibited because they are not native to the area (evolved
in a country or region other than Wayne County, Michigan), reproduce
profusely (have no natural controls) and have potentially harmful
effects on natural ecosystems (able to out-compete and gradually displace
native plants):
|
Common Name
|
Scientific Name
| |
|---|---|---|
|
Trees:
| ||
|
Norway maple
|
Acer platanoides
| |
|
Amur maple
|
Acer ginnala
| |
|
Tree of heaven
|
Ailanthus altissima
| |
|
European alder
|
Alnus glutinosa
| |
|
Goldenraintree
|
Koelreuteria paniculata
| |
|
Amur cork tree
|
Phellodendron amurense
| |
|
White poplar
|
Populus alba
| |
|
Black locust
(A native species, but tends to be invasive.)
|
Robinia pseudocacia
| |
|
Siberian elm
|
Ulmus pumila
| |
|
Shrubs and Vines:
| ||
|
Porcelainberry
|
Ampelopsis brevipendunculata
| |
|
Japanese barberry
|
Berberis thunbergii
| |
|
Common barberry
|
Berberis vulgaris
| |
|
Butterfly bush
|
Buddleia davidii
| |
|
Oriental bittersweet
|
Celastrus orbiculatus
| |
|
Autumn olive
|
Eleagnus umbellata
| |
|
Russian olive
|
Eleagnus angustifolia
| |
|
Wintercreeper
|
Euonymus fortunei
| |
|
English ivy
|
Hedra helix
| |
|
Privet
|
Ligustrum vulgare
| |
|
Japanese honeysuckle
|
Lonicera japonica
| |
|
Amur honeysuckle
|
Lonicera maackii
| |
|
Morrow honeysuckle
|
Lonicera morrowi
| |
|
Tartarian honeysuckle
|
Lonicera tatarica
| |
|
Common buckthorn
|
Rhamnus cathartica
| |
|
Glossy buckthorn
|
Rhamnus frangula
| |
|
Multiflora rose
|
Rosa multiflora
| |
|
Japanese spiraea
|
Spiraea japonica
| |
|
Guelder rose
|
Viburnum opulus var. opulus
| |
|
Grasses and Grass-Like Plants:
| ||
|
Chinese silver grass
|
Miscanthus sinensis
| |
|
Giant reed
|
Phragmites communis
| |
|
Reed canary grass
|
Phalaris arundinacea
| |
|
Flowers and Groundcovers:
| ||
|
Garlic mustard
|
Alliaris officinalis
| |
|
Spotted knapweed
|
Centaurea maculosa
| |
|
Crown vetch
|
Coronilla varia
| |
|
Queen Ann's lace
|
Daucus carota
| |
|
Foxglove
|
Digitalis purpurea
| |
|
Japanese knotweed
|
Fallopia japonica
| |
|
Dame's rocket
|
Hesperis matronalis
| |
|
Purple loosestrife
|
Lythrum salicaria
| |
|
Myrtle, or Periwinkle
|
Vinca minor
|
(4)
Installation, maintenance, and completion.
(a)
All landscaping required by this section shall be planted prior
to obtaining a certificate of occupancy, unless the time of year prevents
planting to commence. In the latter case, cash, a letter of credit,
and/or a certified check shall be placed in escrow in the amount of
the cost of landscaping to be released only after landscaping is completed.
(b)
If a project is constructed in phases, the landscape may also
be constructed in phases. The Township shall determine the extent
and timing of landscaping within each phase based on:
(c)
The owner of the property required to be landscaped by this
section shall maintain such landscaping in a reasonably healthy condition,
free from refuse and debris. All unhealthy and dead material shall
be replaced within one year of damage or death or the next appropriate
planting period, whichever comes first. All landscaped areas shall
be served by an in-ground irrigation/sprinkler system. Trees, shrubs,
and other plantings and lawn areas shall be watered regularly throughout
the growing season.
[Amended 2-8-2023 by Ord. No. 23-04]
(d)
Minor revisions and deviations from the approved landscape plan
may be permitted if approved by the Zoning Administrator. In reviewing
such changes, the Zoning Administrator shall ensure that the changes
do not constitute a wholesale change of the landscape plan and shall
ensure that the revisions to the landscape plan are consistent with
the spirit and intent of this article and the previously approved
site plan.
(5)
Berms. Unless otherwise required by the Planning Commission,
a berm within a commercial or industrial zoning district shall be
a maximum height of six feet with a side slope no steeper than 3:1
(three feet horizontal to one foot vertical). A berm within a residential
zoning district shall be a maximum height of four feet with a side
slope no steeper than 3:1 (three feet horizontal to one foot vertical).
The top of all berms shall have a level horizontal area of at least
four feet in width. The Township encourages undulation in the height
of the berm subject to review and approval of the berm design as shown
on the site plan. The berm shall be graded in a manner that will blend
with existing topography, shall be graded smooth, and shall be appropriately
sodded, seeded and mulched, or planted. Included as part of the berm
shall be deciduous shade trees, small deciduous ornamental trees and/or
evergreen trees planted along the berm area. [2]
(a)
Berms shall be constructed only during the period from March
1 to October 15. Only clean fill topsoil or an approved equivalent
shall be used. Material shall be given sufficient time to settle before
final shaping and topsoil is applied After shaping, a uniform layer
at least six inches thick of approved horticultural topsoil shall
be placed and fine graded.
(b)
Berms shall be located only in the position on a lot approved
by the Community Development Department. In no case shall all or part
of any berm be placed upon street rights-of-way or other public property.
(c)
Berms shall not exceed height as permitted by Subsection K(5), but upon a written finding of exceptional circumstances related to high levels of ambient noise or light which cannot be abated and from which protection is needed or public interest considerations, berms of up to 10 feet in height may be authorized by the Planning Commission. Notwithstanding the preceding sentence, no berm located on a residential property in a yard fronting on a public street shall exceed four feet in height, and no berm, wherever located, shall violate the setback limitations. The height of a berm shall be the vertical distance from any point on the top of the berm (exclusive of plantings) to the existing natural grade at the base of the berm at that point.
(d)
No fence or wall shall be constructed on a berm, and no berm
shall interfere with existing natural drainage patterns or cause ponding
or flooding on any property.
(e)
Berms shall be properly vegetated and landscaped in the manner
approved by the Community Development Department, if applicable, before
any erosion occurs in the topsoil on the berm or, in the alternative,
the berm shall be covered with an approved ground cover until such
time as the berm can be properly landscaped.
(f)
Berms shall undulate both vertically and horizontally and the
plan shall show the proposed contours of the berm subject to review
and approval of berm design as shown on the site plan.
L.
Minimum size and spacing requirements. Where landscaping is required,
the following schedule[3] sets forth minimum size and spacing requirements for representative
landscape materials. All plantings shall be located no less than half
of the recommended on-center spacing from all on- and off-site structures.
[3]
Editor's Note: See the Landscaping: Size and Spacing Requirements Schedule, which is included as an attachment to this chapter.
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud, unreasonable, unnecessary or unusual
noise or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of any other person,
resident or property owner within the Township.
A.
Prohibited noises. The following activities and noises are prohibited
if they produce clearly audible sound beyond the property line of
the property on which they are conducted. These regulations apply
to commercial properties, activities or uses between the hours of
10:00 p.m. and 7:00 a.m. and residential properties between the hours
of 11:00 p.m. and 7:00 a.m.
(1)
The operation of power tools or equipment.
(3)
The operation or playing of any radio, television, phonograph,
audio equipment, drum or musical instrument, and the creation or activity
of music.
(4)
Construction, repair, remodeling, demolition, drilling or excavation work, except as permitted in Subsection B.
(5)
The operation or use of any loudspeaker, sound amplifier, public
address system or similar device used to amplify sounds indoors or
outside the premises.
(6)
The creation of any loud, unnecessary noise in connection with
the loading or unloading of any vehicle or the opening and closing
or destruction of bales, boxes, crates or other containers.
(7)
Use of any drums, loudspeakers, musical devices or other instruments
or devices for the purposes of attracting attention by the creation
of noise to any performance, show or sale or display of merchandise.
(8)
It shall be unlawful for any person to own, harbor or keep any
dog which shall cause annoyance or disturbance to people in the neighborhood
or people on the streets of the neighborhood by loud or frequent or
habitual barking, howling or yelping.
B.
General exemptions. The following activities and noises are exempted from the requirements of Subsection A:
(1)
Otherwise lawful regular or permitted activities or operations
of governmental units or agencies.
(2)
Emergency work necessary to restore property to a safe condition
following a fire, accident or natural disaster or to restore public
utilities, or to protect persons or property from an imminent danger.
(3)
Devices or activity creating sound made to alert persons to
the existence of an emergency, danger or attempted crime.
(4)
Regular activities or operations of an airport.
(5)
Any vehicle or equipment designed and used for the purpose of
snow and/or ice removal, or garbage/trash removal, when in use for
such purposes.
C.
Application for a permit to exceed noise limits.
(1)
An application for a permit to engage in any activity, noise or use which would otherwise violate Subsection A of this chapter must be made in writing and submitted to the Township Clerk. Application shall be made at least 30 days prior to the date of the proposed use or event. The applicant requesting the permit must be the taxpayer of record for the property on which the use or event will take place. The application shall contain all of the following information:
(a)
Name and mailing address of the person making the application.
(b)
A statement of the type of event to take place which will require
the permit.
(c)
The address and legal description of the property the event
is to be held on.
(d)
The date and hours during which the event will be conducted.
(e)
An estimate of the maximum number of attendants expected at
the event.
(2)
Upon receipt of the application by the Township Clerk, copies
of the application shall be forwarded to the Huron Township Police
and Fire Departments, and to such other appropriate agencies as the
Township Clerk shall deem necessary. Such officers and officials shall
review matters relevant to the application and within 10 days of receipt
thereof, shall report their findings and recommendations to the Township
Supervisor.
(3)
Within 20 days of the filing of the application, the Township
Supervisor shall issue or deny a permit. The Township Supervisor may
attach reasonable conditions to the issuance of a permit. Where conditions
are imposed as prerequisite to the issuance of a permit, or where
a permit is denied, within five days of such action, notice thereof
must be mailed to the applicant, and in the case of denial, the reasons
therefore shall be stated in the notice. A denial (or condition attached
to an approval) may be appealed to the Township Board if the applicant
files a written notice of appeal with the Township Clerk within 10
days of the date of the Township Supervisor's decision.
D.
Administration and enforcement.
(1)
Complaints. Complaints by a resident or property owner in the
Township regarding any violations of this chapter shall be filed with
the Township Zoning Administrator or his/her designee.
(2)
Enforcement. The Township Zoning Administrator is hereby authorized,
empowered and directed to enforce all provisions of this chapter and
any subsequent amendments hereto (including issuing misdemeanor tickets).
Radioactive materials and wastes, and including electromagnetic
radiation, including but not limited to X-ray machine operation, shall
not be emitted to exceed quantities established as safe by the U.S.
Bureau of Standards, when measured at the property line.
Existing hazards or potential hazards and nuisances, including
but not limited to construction sites, auto wrecking yards, junkyards,
landfills, sanitary landfills, demolition sites, unused basements,
sand, gravel, and stone pits or stone piles are to be enclosed by
suitable fencing or barriers, as determined by the Zoning Administrator,
so as not to endanger public health, safety and welfare. Abandoned
wells and cistern are to be capped or filled in to the satisfaction
of the Zoning Administrator.
All developments and earth changes subject to review under the
requirements of this section shall be designed, constructed, and maintained
to prevent flooding and protect water quality. The particular facilities
and measures required on-site shall reflect the natural features,
wetlands, and watercourses on the site; the potential for on-site
and off-site flooding, water pollution, and erosion; and the size
of the site. Stormwater management shall comply with the following
standards:
A.
The design of storm sewers, detention/retention facilities, and other
stormwater management facilities shall comply with the standards of
the Wayne County Department of the Environment (DOE).
B.
Stormwater management conveyance, storage and infiltration measures
and facilities shall be designed to prevent flood hazards and water
pollution related to stormwater runoff and soil erosion from the proposed
development.
C.
The use of swales and vegetated buffer strips are encouraged in cases
where the Planning Commission deems to be safe and otherwise appropriate
as a method of stormwater conveyance so as to decrease runoff velocity,
allow for natural infiltration, allow suspended sediment particles
to settle, and to remove pollutants.
D.
Alterations to natural drainage patterns shall not create flooding
or water pollution for adjacent upstream or downstream property owners.
E.
Discharge of runoff from any site, which may contain oil, grease,
toxic chemicals, or other polluting materials, is prohibited. If a
property owner desires to propose measures to reduce and trap pollutants,
the owner must meet the requirements of the Michigan Department of
Environmental Quality and the Township, based upon professionally
accepted principles; such a proposal shall be submitted and reviewed
by the Township Engineer, with consultation of appropriate experts.
F.
Drainage systems shall be designed to protect public health and safety
and to be visually attractive, taking into consideration viable alternatives.
G.
On-site stormwater detention/retention. For the purpose of controlling
drainage to off-site properties and drainageways, all properties,
with the exception of single-family residences and agricultural operations,
which are developed under this Zoning Ordinance, whether new or improved,
shall provide for on-site detention/retention storage of stormwater
in accordance with the current Wayne County Department of the Environment
(DOE) standards.
A.
It shall be unlawful for any person, firm, corporation or other legal
entity to pollute, impair or destroy the air, water, soils or other
natural resources within the Township through the use, storage and
handling of hazardous substances and/or wastes or the storage and
disposal of solid, liquid, gaseous and/or sanitary wastes.
B.
Any person, firm, corporation or other legal entity operating a business
or conducting an activity which uses, stores or generates hazardous
substances shall obtain the appropriate permits or approval from the
Michigan Department of Environmental Quality, Michigan Fire Marshal
Division, Wayne County, or other designated enforcing agencies.
C.
Any person, firm, corporation or other legal entity operating a business
or conducting an activity which uses, stores or generates hazardous
substances shall complete and file a Hazardous Chemicals Survey to
the Township in conjunction with the following: Hazardous Substance
Reporting Form or Material Safety Data Sheet (MSDS).
D.
All business and facilities which use, store, or generate hazardous
substances in quantities greater than 100 kilograms per month (equal
to or greater than 25 gallons or 220 pounds) shall comply with the
following standards:
(1)
Aboveground storage and use areas for hazardous substances.
(a)
Secondary containment of hazardous substances and polluting
materials shall be provided. Secondary containment shall be sufficiently
impervious to contain the substance for the maximum anticipated period
of time necessary for the recovery of any released substance.
(b)
Outdoor storage of hazardous substances and polluting materials
shall be prohibited except in product-tight containers that are protected
from weather, leakage, accidental damage and vandalism.
(c)
Secondary containment structures, including but not limited
to outbuildings, storage rooms, sheds and pole barns, shall not have
floor drains.
(d)
Areas and facilities for loading/unloading of hazardous substances
and polluting materials, as well as areas where such materials are
handled and used, shall be designed and constructed to prevent discharge
or runoff.
(2)
Underground storage tanks.
(a)
Existing and new underground storage tanks shall be registered
with the authorized state agency in accordance with requirements of
the U.S. Environmental Protection Agency, the State Police and State
Fire Marshal Division, and/or any other federal, state or local authority
having jurisdiction.
(b)
Installation, operation, maintenance, closure, and removal of
underground storage tanks shall be in accordance with requirements
of the State Police, State Fire Marshal Division, Michigan Department
of Environmental Quality and Huron Township. Leak detection, corrosion
protection, spill prevention and overfill protection requirements
shall be met. Records of monthly monitoring or inventory control must
be retained and available for review by state or local officials.
(c)
Out-of-service abandoned underground tanks shall be emptied
and removed from the ground in accordance with the requirements of
the State Police and State Fire Marshal Division, the Michigan Department
of Environmental Quality, and/or any other federal, state or local
authority having jurisdiction.
(3)
Loading and unloading. Areas used for the loading and unloading
of hazardous substances shall be designed and constructed to prevent
the harmful release to the environment of hazardous materials which
may be spilled or leaked.
E.
All site plans for business or facilities which use, store or generate
hazardous substances shall be reviewed by the local Fire Chief, Township
Engineer and any other appropriate experts determined necessary by
the Planning Commission prior to approval by the Planning Commission.
