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:
(a) 
Injurious effects to human health or safety, animal life, plant life of significant economic value, or property.
(b) 
Unreasonable interference with the comfortable enjoyment of life and property.
(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.
[1]
Editor's Note: See Ch. 335, Land Divisions and Subdivisions.
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
530 Screen Between Conflicting Land Uses.tif
(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
530 Design Op Landscaping_Parking Lots.tif
(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
530 Design Op Landscaping_Perimeter.tif
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
530 Perimeter Greenbelt.tif
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:
(1) 
Street trees. The frontage of all internal public or private streets shall be landscaped in accordance with the greenbelt requirements of § 530-117F. Such street trees shall meet the minimum size and spacing requirements set forth in § 530-117L.
(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:
[1] 
The necessity to buffer the proposed development from adjacent uses;
[2] 
Anticipated commencement on subsequent phases; and
[3] 
Building heights and physical characteristics of the site, including but not limited to the topography or existing vegetation.
(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.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
Existing trees. The preservation and incorporation of existing trees is encouraged. See Chapter 493, Tree Protection, as amended, for all applicable tree preservation and mitigation requirements.
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.
(2) 
The sounding of any bell, chime, siren, whistle or similar device, except:
(a) 
To alert persons to the existence of an emergency, danger or attempted crime; or
(b) 
As provided in Subsection B.
(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.
(6) 
Other activities as approved by the Township as specified in Subsection C.
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).
(1) 
Upon submission of a site plan.
(2) 
Upon any changes of use or occupancy of a structure or premises.
(3) 
Upon any change of the manner in which such substances are handled, and/or in the event of a change in the type of substances to be handled.
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.