No building or land shall be used and no building shall be hereafter erected, structurally altered, or relocated except for one or more of the uses herein permitted within the district in which such building, structure, or land is located or for a use similar to and harmonious with such permitted uses, except as provided in Article XVII, Nonconforming Uses, Buildings and Lots, and Article XVIII, Board of Appeals, of this chapter.
A.
All accessory buildings, as defined in Article XXII, shall meet the yard, setback and building height requirements of this chapter.
B.
Except in the Agricultural (AG-RR) District, an accessory building
shall not be constructed prior to the construction of the principal
structure; provided, however, that the Zoning Administrator shall
be permitted to issue a temporary use permit for an accessory building
to be used for up to one year prior to the construction of the principal
building.
C.
If an accessory building is attached to a principal building by either
a common foundation, common wall or common roof element, it shall
be deemed to be a part of the principal structure, and the entire
structure shall comply with the terms of this chapter.
D.
In the R-1, R-2, R-3 and R-4 Districts, the storage of not more than
one commercial vehicle is permitted in an accessory building
A variance may be granted by the Zoning Board of Appeals from
the strict terms of this section for an applicant to provide a ramp
necessary to access any principal residential or other structure to
comply with the Americans with Disabilities Act[1] requirements. Standards for granting a variance shall
include a first preference for installation of such ramps in the rear
or side yards. Granting a variance for installation of a ramp in the
front yards shall only be considered in cases where no side or rear
access can be obtained in compliance with accessible ramp construction
requirements.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
No obstruction to vision (other than an existing building, post,
column, grade, or tree) exceeding 36 inches in height shall be erected
or maintained on any lot within the triangle formed by the right-of-way
intersection and a line drawn between points along two rights-of-way
lines 25 feet from the intersection.
|
A.
Lot dimensions and land divisions, property division requirements. No lot shall be further partitioned or divided unless such partition or division is first approved, pursuant to provisions of Chapter 205, Land Division and Subdivision, as enacted by the Township Board. No lot or parcel shall be divided or partitioned unless the proposed resulting parcels meet all requirements of this chapter.
B.
Height. The height requirements of all zones, except the Industrial
District, may be exceeded by parapet walls not over four feet in height,
chimneys, roof-mounted television and radio antennas, wireless communication
towers or antennas, cupolas, spires or other ornamental projections,
or water towers. In the Industrial District, chimneys, cooling, dust
collectors, wireless communication towers or antennas and other necessary
appurtenances are permitted above the height limitations, provided
they are located at least the same distance as their height from any
adjoining property line and meet all other applicable requirements
of this chapter.
[Amended 9-20-2017 by Ord. No. 6B]
C.
Duplicate building types. Not more than one dwelling of any standardized
plan shall be erected within a single residential development within
Three Oaks Township unless approved by the Planning Commission. A
"standardized plan" is defined as follows:
(1)
Where the plan of a house is standardized and remains constant
as to width and length.
(2)
Where the volume of the house remains practically the same;
changes made to a standardized plan where the width and length of
the plan and the volume of the house are not substantially changed
shall not be sufficient change to grant a permit.
(3)
The adding to or subtracting from a standardized plan of small
units, such as porches, bay windows, terraces, and other appurtenances,
or changing or varying the slope or type of roof, or location or size
of door and window openings, or changing or varying the style or design,
or changing or varying the finish color of the exterior walls shall
not be sufficient change to a standardized plan to warrant the granting
of a permit for its erection in the Township.
D.
Nonconforming lots. Notwithstanding any other provision of this chapter, any nonconforming lot of record in existence as of the effective date of this chapter and which does not comply with the minimum area or width requirements of the zoning district in which it is located may be developed for residential purposes only if the structure is provided municipal utilities and the structure meets yard setback requirements of § 380-17.07.
E.
Required road frontage. Except as provided herein, no building shall
be erected on a lot unless the lot fronts its full, required width
upon a public road, an approved private road or a private access easement.
(1)
Flag lots. In the AG-RR District only, up to two flag lots may
be created per parent parcel as defined by the Land Division Act,
being Act 288 of the Public Acts of 1967,[1] as amended. Flag lots shall meet the following requirements:
(a)
Flag lots shall have no less than a combined total of 33 feet
of frontage on a public or private street, and the narrow (pole) portion
shall maintain that width up to the remainder (flag) of the lot (see
graphic below).
(b)
The remainder of the lot shall meet the lot width and area requirements
for the district in which the lot is located and area of the narrow
(pole) portion shall not be included in a determination of the minimum
required lot area.
(c)
For the purposes of this chapter, the front property line of
a flag lot shall be considered to be the line that is nominally parallel
to the public or private street and shall extend the full, required
width of the property.
(d)
Two flag lots created in the same parent parcel, as defined
by the Land Division Act (being Act 288 of the Public Acts of 1967),
shall either share a single driveway located in a perpetual easement
to the benefit of both parcels, or be located such that each may have
an individual driveway which shall be separated by at least 300 feet,
measured along the center line of the public or private road from
which they are accessed.
(e)
A flag lot accessed by a driveway in excess of 300 feet in length
shall maintain an unobstructed turnaround area adequate for local
fire and emergency vehicles.
 |
[1]
Editor's Note: See MCLA § 560.101 et seq.
(2)
Other uses. Manufactured housing communities, multiple-family
developments, commercial shopping centers, combinations of uses, or
office parks and planned unit developments do not need to have each
building in the development meet this requirement, provided that adequate
interior access and vehicular circulation is provided. All public
and private road rights-of-way and access easements shall have a minimum
width of 66 feet.
F.
Through lots. Where a through lot under single individual ownership
extends from one street to another parallel or nearly parallel street
or alley, the widest street frontage shall be deemed the street upon
which the property fronts. If the frontage dimensions are equivalent,
the Zoning Administrator shall determine the front lot line based
on the configuration of the structure (if any) and the objectives
of the landowner.
G.
Setbacks. Setback, or required yard, dimensions shall be measured
as follows:
(1)
Front yard setback is measured perpendicular from the property
line defining the subject property and the county road or street right-of-way.
(2)
Side yard setback is measured perpendicular from the side yard
property line.
(3)
Rear yard setback is measured from the rear property line, either
the rear line of another property or an alley right-of-way line.
All fences hereinafter constructed in Three Oaks Township shall
conform to the following standards:
A.
Except as provided herein, construction of a fence shall require
issuance of a zoning compliance permit issued by the Zoning Administrator
prior to construction or erection of the fence. The following fences
shall be exempt from this requirement:
B.
Fences regulated by this § 380-12.08 shall be constructed to present the finished outside fence appearance to adjacent property and public rights-of-way by either:
(1)
Symmetrical construction having identical inside and outside
face appearance, including main anchor posts and frame members.
(2)
Offset construction with main anchor posts and horizontal and
vertical frame members visible on the inside face only and vertical
and horizontal face members or materials mounted on the outside surface
of the frame and anchor post members.
C.
Fences shall not exceed four feet in height in the front yard and
six feet in height located in the side or rear yard.
D.
Any form of electrified and/or barbed wire, barbwire, or single-strand
wire fence or barrier is prohibited in all residential districts,
except in the AG-RR Agricultural - Rural Residential District.
E.
Barbed wire, barbwire or any form of single-strand wire fence or
barrier is prohibited in any commercial or industrial district except
for the installation as cap wires on industrial-grade cyclone-type
fence with a minimum height of six feet.
F.
Any fence erected or maintained in violation of this section shall
be deemed a hazard to public health and welfare and shall constitute
a violation of this chapter.
No property owner in any district may maintain, or allow to be maintained, any junk or inoperable cars, trucks, trailers, motorcycles, machinery or other similar equipment or vehicles on the premises in violation of Chapter 351, Vehicles, Junk and Inoperable, of the Code of the Township of Three Oaks. Any vehicle not bearing a valid registration license plate shall be considered inoperable under the terms of this chapter.
Where required by the terms of this chapter or by the Planning
Commission or Zoning Administrator in the conduct of its authorized
responsibilities under this chapter, the following standards shall
be used to govern landscaping requirements for developments in the
Township.
A.
Required standards. The following table shall be applied to determine
the standards of this section that shall apply to proposed developments:
|
Project Description
|
Landscape Plan Requirements
|
|---|---|
|
Single-family detached units with fewer than 10 units; all agricultural
uses
|
None
|
|
Single-family detached units with at least 10 units but not
more than 20 units
|
Minor landscape plan, per Subsection B hereof
|
|
Single-family detached units with 21 or more units, regardless
of phasing, and mixed-use developments
|
Complete landscape plan, per Subsection C hereof
|
|
Multifamily projects of fewer than 20 units
|
Minor landscape plan, per Subsection B hereof
|
|
Multifamily projects of 20 or more units
|
Complete landscape plan, per Subsection C hereof
|
|
Commercial, office, industrial, or institutional development,
including permitted uses and conditional land uses
|
B.
Minor landscape plan. A minor landscape plan shall include detail on any proposed entry feature, such as an identifying sign or boulevard, as well as any mechanism to preserve and protect any existing vegetation on the site. This may include limitations on tree removal, reforestation requirements, street trees and any specimen plantings. In addition, a minor landscape plan shall include a viable mechanism acceptable to the Planning Commission or Zoning Administrator to assure that the landscape plan will be implemented and maintained. Nothing in this section shall prohibit an applicant from providing additional detail or information as described in Subsection C hereof.
C.
Complete landscape plan. A complete landscape plan shall be prepared
in accordance with the following standards.
(1)
A landscape plan required under the terms of this section shall
be prepared by a registered landscape architect or by a qualified
landscape designer. Such landscape plan shall provide, to the greatest
extent possible, for the preservation and protection of existing natural
features on the site. The landscape plan shall address at least the
following items:
(a)
An inventory of existing trees, wood lots, streams, lakes, wetlands,
view sheds and other natural features of the site and detail on the
measures proposed to preserve and protect such features.
(b)
All proposed planting areas for grass, trees, shrubbery and
other green space intended to protect the natural features and character
of the site shall be illustrated in the landscape plan. Such illustration
shall include the species proposed, the number of plantings, the size
of such plantings, including the caliper (diameter at breast height)
and height, irrigation measures proposed and related information.
(c)
The location and nature of lighting, signs, utility fixtures,
earth changes, streetscape and any other matter that affect the appearance
of the site.
(2)
In all developments other than single-family detached developments,
all lots shall have a minimum of 25% of total lot area devoted to
landscaped open space. Landscaped open space shall not include driveways
and parking areas. To the greatest extent possible, existing trees
over five inches diameter at breast height shall be retained and protected.
Areas of a site plan intended for stormwater detention or retention
shall only be included in such required minimum landscaped area if
formally landscaped with shrubbery and turf and contoured such that
no fencing shall be required.
(3)
All required site plans shall include the location of all existing
trees having five inches or greater diameter breast height, identified
by common or botanical name. Trees proposed to remain, to be transplanted
or to be removed shall be so designated. A cluster of trees standing
in close proximity (three feet to five feet or closer) may be designated
as a "stand" of trees, and the predominant species, estimated number,
and average size shall be indicated.
(4)
The area between the edge of the street pavement and property
line, with the exception of paved driveways, sidewalks and parking
areas permitted by this chapter, shall be used exclusively for the
planting and growing of trees, shrubs, lawns, and other landscaping
designed, planted and maintained to serve as a healthy and attractive
amenity on the site.
(5)
In the event a proposed development includes uses more intense
in terms of noise, lighting, traffic, residential density or similar
impacts than an existing adjoining use, the landscape plan shall include
provision for plantings or other aesthetic screening to mitigate and
lessen the potential impact on such adjoining land use.
(6)
The applicant shall replace any trees, shrubbery or other plantings that fail to become established and remain viable for a period of two years following completion of all construction on the site. In accordance with § 380-16.05G, the Township shall require an irrevocable bank letter of credit, certified check or cash in an amount as determined by the Township, which shall be sufficient to assure the establishment of a viable landscaped area. In the event any of the landscaped materials do not become established and the applicant shall fail to provide a viable replacement, the Township shall utilize such irrevocable bank letter of credit, certified check or cash to install replacement landscaping materials. After two years of demonstrated viability of all landscape materials, the remaining balance, if any, of such irrevocable bank letter of credit, certified check or cash shall be returned to the applicant.
(7)
All landscaped areas required pursuant to this section shall
be equipped with a watering system capable of providing sufficient
water to maintain plants in a healthy condition. Irrigation systems
shall be maintained in good working order.
D.
Landscape standards. The following standards shall be met in the
design, implementation and evaluation of landscape plans and installations.
(1)
Intent. The intent of this section is to establish minimum standards
for the design, installation, and maintenance of landscaping along
public streets, as buffer areas between uses, on the interior of sites,
within parking lots, and adjacent to buildings. Landscaping is a critical
element contributing to the aesthetics, development quality, stability
of property values, and the overall rural character in the Township.
The standards of this section are also intended to screen headlights
to reduce glare, integrate various elements of a site, help ensure
compatibility between land uses, minimize negative impacts of stormwater
runoff, and promote the preservation of healthy, desirable trees.
The landscape standards of this section are considered the minimum
necessary to achieve the intent. In several instances, the standards
are intentionally flexible to encourage creative design. Applicants
are encouraged to provide additional landscaping to improve the function,
appearance, and value of their property.
(3)
Buffers between uses. For nonresidential developments, there
shall be provided and maintained on those sides abutting or adjacent
to a residential zoning district and/or a current residential use
a masonry wall or wooden privacy fence six feet in height, or between
six feet and eight feet in height in industrial districts, or a totally
obscuring landscape buffer or berm, at least partially comprised of
evergreen trees, sufficient to provide adequate, year-round screening
between uses for the purpose of protecting the quality and integrity
of the residential use.
(4)
Front yard landscaping. In addition to the provisions of § 380-13.04, where front yard parking exists or is proposed, a minimum of one deciduous tree shall be planted between the parking area and the street per every 30 feet of linear frontage. Base plantings, such as shrubs and perennials, shall be required along the front of the building. Additional front yard landscaping is encouraged and may be required by the Planning Commission where it is found that such additional landscaping would enhance and protect the Township's rural character.
(5)
Planting specifications. Plant materials permitted in required
landscaped areas shall be hardy to the climate of Michigan, long-lived,
resistant to disease and insect attack, and shall have orderly growth
characteristics.
(a)
Trees. Required trees shall be of the following sizes at the
time of planting, unless otherwise stated in this chapter.
(6)
The following plant materials are not permitted for planting
in a public right-of-way or as required by the minimum landscaping
standards of this chapter due to susceptibility to storm damage, propensity
for root clog of drains and sewers, susceptibility to disease or insect
pests, or other undesirable characteristics, such as being an exotic
invasive species: silver maple, box elder, thorned honey locust, gingko
(female), mulberry, black locust, willow, Siberian elm, slippery elm
and red elm, Chinese elm, horse chestnut, poplar, ailanthus, catalpa,
Osage orange, cottonwood, European barberry, purple loosestrife, autumn
olive, and Russian olive.
E.
Waivers. The Planning Commission may waive or modify any requirement
of this section as not applicable to particular development circumstances
and providing that such waiver does not detract from the aesthetics
or quality of the natural environment of the Township.
A.
Intent and purpose. To maintain safe nighttime driver performance
by minimizing both brightly lighted surfaces and lighting glare, to
preserve the restful quality of nighttime by eliminating intrusive,
artificial light and lighting that unnecessarily contributes to sky
glow, and to reduce light pollution from lighting luminaires and light
trespass onto adjacent properties. The following requirements shall
be considered by the Planning Commission and Zoning Administrator
in the review of all site plans or plot plans submitted for approval
under the terms of this chapter.
B.
General provisions.
(1)
The following types of outdoor lighting shall not be covered
by this chapter:
(2)
The following types of lighting shall be regulated by this chapter:
(a)
Parking lot lighting, building facade, and site lighting for
commercial, industrial and institutional developments.
(b)
Parking lot lighting, building facade, and site lighting for
multiunit dwellings.
(c)
Other forms of outdoor lighting that, in the judgment of the
Planning Commission, are similar in character, luminosity and/or glare
to the foregoing.
(3)
Lighting shall be designed and constructed in such a manner
to:
(a)
Ensure that direct or directly reflected light is confined to
the development site.
(b)
Ensure that lamps and luminaires are shielded, hooded and/or
louvered to provide a glare-free area beyond the property line and
beyond any public right-of-way, and the light sources are not directly
visible from beyond the boundary of the site.
(c)
The light from any illumination source shall be designed so
that the light intensity or brightness at any property line shall
not exceed one footcandle.
(d)
Lighting fixtures shall have 100% cutoff above the horizontal
plane at the lowest part of the point light source. The light rays
may not be emitted by the installed fixture at angles above the horizontal
plane, as illustrated below. No light fixture shall be mounted higher
than 20 feet above the average grade of the site, except for approved
outdoor recreation area lighting.
(e)
Outdoor recreation area lighting may use standard color metal
halide sources and standard sports-lighting fixtures if they are mounted
at a sufficient height and properly equipped with baffling, glare
guards or lenses to meet the requirements of this section.
(f)
There shall be no lighting of a blinking, flashing, or fluttering
nature, including changes in light intensity, brightness or color.
Beacon lights and searchlights are not permitted.
(g)
No colored lights shall be used at any location or in any manner
so as to be confused with or construed as traffic control devices.
|
A.
Mechanical equipment and dumpster screening. Any mechanical equipment
or dumpster, including, but not limited to, heating and air conditioning,
dust collector, recycling or trash container, or similar equipment
in the C-1 or I Zoning Districts, whether on a roof, the side of structure,
or ground, and any loading docks, service yards, trash and storage
areas, and utility services shall be properly screened from a public
right-of-way, private road, or any adjoining residential use.
(1)
The method of screening shall be architecturally compatible
with other on-site development in terms of colors, materials, shape,
and size.
(2)
The screening design and construction shall be subject to the
approval of the Zoning Administrator or Planning Commission, when
applicable, and shall blend with the design of the structures and
include appropriately installed and maintained landscaping when on
the ground.
B.
Outdoor storage. In addition to other provisions of this chapter, every application for a site plan or building permit in the C-1 Commercial and I Industrial Zoning Districts shall provide a plan for outdoor material storage and screening so as to eliminate unsightly open storage of material equipment and supplies. Each application shall also provide for appropriate landscaping pursuant to § 380-12.11. All screening shall comply with the following standards:
(1)
Adequate screening shall consist of a six-foot-high solid fence,
or similar visual screen of suitable shrubs, spaced at intervals of
not more than four feet, maintained within 15 feet of the property
line separating the uses.
(2)
All fences, hedges, walls, and shrubs must be maintained in
good condition. No advertising shall be permitted on fences adjoining
residential districts.
C.
Modifications or waivers. The Planning Commission may modify or waive
the requirements of this section or approve alternatives to the screening
methods if it finds the characteristics of the site or vicinity would
make the requirements unnecessary or the alternative will achieve
the same effect.
A.
Heavy vehicles. Motor vehicles, specifically trucks having with a
weight limit in excess of 12,000 pounds gross vehicle weight and being
greater than 80 inches in height, semitractors, tractor-trailer combinations
or trailers of any kind or type shall not be parked or stored in the
R-1, R-2, R-3 or R-4 Zoning Districts other than within a completely
enclosed structure.
B.
Recreation vehicles.
(1)
Emergency or temporary parking in any street, alley or highway
of a travel trailer, boat, motor home, camping bus, or any similar
vehicle, boat trailer or vehicle licensed to operate on the public
highways or trailer for such vehicle will be permitted for a period
not to exceed 24 hours subject to any other and further regulations
or ordinances for that street, alley or highway.
(2)
The storage of recreational vehicles in any residential zoning
district shall only be allowed when in compliance with the following
conditions:
(a)
An unoccupied travel trailer, boat, motor home or other camping
vehicle (including trailers or any similar type vehicles) and any
boat trailer or other similar recreational vehicle not licensed to
operate on the public highways or trailer for such recreational vehicles
may be stored on a vacant lot so long as it is situated on the rear
of such lot and at least three feet from any other structure and the
side or rear property line.
(b)
The storing of any unoccupied recreational vehicle, as defined in Subsection A, in any zoning district outside a commercial sales lot located in any commercial or industrial zoning district is expressly prohibited without first securing the approval of the Planning Commission.
(c)
Nothing in this section shall be construed as prohibiting the
owner or occupant of any parcel of land located in a residential zoning
district to store an unoccupied travel trailer, boat, motor home,
camping bus or any similar recreational vehicle, or a boat trailer
or vehicle licensed to operate on the public highway or trailer for
such recreational vehicle, where such vehicles are owned by the property
owner or occupant, so long as it is situated on the rear of such lot
and at least three feet from any other structure and the side or rear
property line.
(3)
The occupancy of travel trailers for more than 72 hours as a
temporary dwelling is prohibited.
No residential or business operation or activity shall cause
to be placed alongside the street any trash, garbage, recycling container,
bin or any other receptacle used for the disposal of any matter prior
to the evening of the day before a scheduled trash/garbage pickup.
All trash, garbage or recycling containers, bins or any other receptacle
used for the disposal of any matter shall be retrieved from the side
of the street or road by sundown on the day of the scheduled garbage/trash
pickup.
A.
Limitations on private roads in the AG-RR District. In the AG-RR
District, private roads may be considered to serve legal land division,
residential subdivisions or condominium subdivisions where the Planning
Commission finds:
(1)
The parcels to be served by the private road are without important
natural features nor do they include prime or unique agricultural
soils.
(2)
The proposed private road will be no more extensive than necessary
to provide access to lots in a proposed development and will not be
designed for future extension.
(3)
The area of the lots to be served by the private road shall
be no greater than necessary to result in a usable parcel of the lesser
of one acre or an area sufficient for a residence with on-site water
and wastewater system.
B.
Permitted private roads. Private roads shall be permitted only within
the following types of developments:
(1)
Residential developments containing single-family dwellings,
attached multiple-family dwellings, such as attached condominiums,
apartments and other similar multiple-family residential developments,
such as retirement communities consisting of attached dwelling units;
and
(2)
Multiple-building commercial and/or office developments; multiple-building
industrial developments.
C.
Design and construction requirements. All private roads shall be
designed and constructed in accordance with the following minimum
design, construction, inspection, approval and maintenance requirements:
(1)
The private road easements shall be at least 66 feet in width.
(2)
The area in which the private road is located shall have a minimum
cleared width of 30 feet and a minimum cleared height of 15 feet.
(3)
All private roads which provide access to three but not more
than seven lots shall be designed, constructed and maintained pursuant
to the illustration depicted on Exhibit A hereto; provided, however,
that any private road that extends for a distance of greater than
1,320 feet measured along the center line of such road shall be designed,
constructed and maintained pursuant to the illustration depicted on
Exhibit B hereto.[1]
[1]
Editor's Note: Exhibit A, Minor Private Road, and Exhibit B, Major Private Road, are included as attachments to this chapter.
(4)
All private roads which provide access to eight or more lots
shall be designed, installed and maintained pursuant to the illustration
depicted on Exhibit B hereto.
(5)
The private road surface shall have a minimum crown of 2/10
foot from the center line of the road to the outside edge thereof.
(6)
The maximum longitudinal road grade shall not exceed 6%, provided
the Township may allow up to a 10% grade if the Township is satisfied
that such an increase in road grade will not adversely affect public
safety or cause undue erosion.
(7)
A private road shall be constructed so as to sufficiently control
stormwater runoff, by means of seepage basins, culverts and drainage
contours and/or by such other effective methods as may be required
by the Township Engineer, so as to ensure adequate drainage and control
of stormwater runoff.
(8)
The method and construction technique to be used in the crossing
of any natural stream, wetland or drainage course, by a private road,
shall satisfy the requirements of the Township Engineer and any other
governmental agency having jurisdiction.
(9)
All lots or parcels utilizing a private road shall have frontage
on the private road that is equal to the frontage requirement for
the zoning district in which the lot is located.
(10)
All private roads shall have a recorded permanent right-of-way
or easement. The right-of-way or easement shall expressly permit public
utilities to be installed, operated and maintained within the right-of-way,
and shall be in form and substance approved by the Township Attorney.
(11)
The layout of the private road and the intersections of the
private road with either a public or private road shall be such that
clear vision, safe turning and travel in all directions at the posted
speed limit is reasonably assured. The minimum distance between intersections
of a public and/or private road right-of-way shall not be less than
150 feet, as measured along the right-of-way lines thereof.
(12)
All private roads shall be named and identified by use of appropriately
located road name signs. Road names shall not duplicate or be substantially
similar to any existing road name in the county, except in the case
of the continuation of an existing road. All lots fronting on a private
road shall have an address on the private road. The address number
of each dwelling shall be displayed in the manner such that it is
readily visible from the private road, and each of the numbers shall
be at least three inches in height.
(13)
A stop sign conforming to the requirements of Berrien County
Road Commission shall be provided at each exit point from the private
road to the public road.
(14)
All private roads, whether new or existing, shall at all times
be improved, maintained, repaired and snowplowed so as to ensure that
the private road is safe for travel at all times and so that suitable
access is provided for emergency vehicles, in addition to meeting
the specific standards stated in this section. All persons who own
property which abuts a private road are jointly and severally responsible
for compliance with this requirement.
D.
Private road application. No private road shall be established, extended, modified or relocated except in compliance with this chapter. For purposes of this chapter, the phrase "establish, extend, modify or relocate" shall be interpreted to include, but shall not be limited to, the lengthening, expansion or broadening of the physical size of a private road or an increase to the number of lots accessed by such private road. An application to establish, extend, modify or relocate a private road shall be filed with the Zoning Administrator and shall include, in addition to the information required by Article XVI, Site Plan Review, of this chapter, the following information:
(1)
The name(s), addresses and telephone numbers of the owners and
any other parties having any legal interest in the private road and
the property across which it is to be constructed, along with the
permanent parcel numbers(s) of all lots and parcels to be accessed
by the private road.
(2)
A drawing(s), prepared and sealed by a professional engineer
and/or surveyor licensed by the State of Michigan, with a scale not
less than one inch equals 200 feet, containing the following information:
(a)
Location, route, elevations, dimensions of the private road
in accordance with the standards of this section.
(b)
Proposed extensions of the private road.
(c)
A layout, including dimensions, of the parcels to be served
by the private road, including parcels to be accessed by future extensions.
(d)
The location where the private road is to intersect with any
public road.
(e)
The location of all public utilities, including but not limited
to water, sewer, telephone, gas, electricity and television cable,
to be located within the private road right-of-way or within 20 feet
either side thereof.
(f)
The location of any lakes, streams and drains within the proposed
private road right-of-way or within 100 feet thereof.
(g)
A detail of the private road cross section in compliance with
the standards imposed herein.
(3)
A copy of the recordable legal instrument(s) describing and
granting the private road easement(s).
(4)
A copy of a recordable private road maintenance agreement or
restrictive covenant that contains the following:
(a)
Provisions that assure the private road will be maintained,
repaired and snowplowed for the full width of the roadway in accordance
with the standards of this section and in a manner to assure the private
road is safe for travel at all times.
(b)
Provisions that assure that the costs of maintenance of the
private road and its easement are paid for in an equitable manner.
(c)
A legal description of the private road easement and a legal
description of the individual properties to be accessed by the private
road as of the date of recording.
(5)
The applicant shall agree, in writing, that it will assure that
any properties then existing or thereafter created which are accessed
by the private road shall be subject to the road maintenance or restrictive
covenant agreement and that said agreement shall be recorded and run
with the land. A copy of said agreement shall be furnished to the
Township Attorney prior to recording. Prior to recording, the road
maintenance or restrictive covenant agreement shall be revised to
address comments provided by the Township Attorney. A recorded copy
of the final road maintenance or restrictive covenant agreement shall
be provided to the Building Inspector and Township Attorney by the
applicant before any building permit is issued for any property accessed
by the private road.
(6)
The applicant shall agree, in writing, that by applying for
and securing a permit to construct the private road, it shall indemnify,
save and hold the Township, and its officers, employees and agents,
harmless from any and all claims for personal injury and/or property
damage arising out of the failure to properly construct, maintain,
repair and replace the private road. This indemnification shall be
included in the maintenance agreement recorded for the private road,
and the duty to indemnify the Township shall be delegated to subsequent
property owners.
(7)
A soil erosion and sedimentation control permit as issued by
the Drain Commissioner or other agency having jurisdiction, if applicable.
(8)
A driveway permit issued by the Road Commission and approval
from the Road Commission of the proposed road name.
(9)
Permit and escrow fees in the amounts periodically established
by resolution of the Township Board.
(10)
The name of the applicant's private road construction contractor
and a statement of the contractor's experience in road construction.
E.
Procedures for review of a private road application.
(1)
An application for a private road shall be submitted to the
Zoning Administrator, who shall forward the same to any Township planning,
engineering or legal consultants for their comments. If the application
is complete, the Zoning Administrator shall forward the application
to the Planning Commission, together with the comments thereon from
the Township Planner, the Township Attorney and the Township Engineer.
If the application is not complete, the Zoning Administrator shall
return the application to the applicant with a written explanation
of the deficiencies or omissions to be corrected.
(2)
After receipt of a complete application from the Zoning Administrator, the Planning Commission shall consider such application at a public meeting and shall conduct a public hearing. Notice for the public hearing shall be made pursuant to § 380-21.06 of this chapter. If the private road is included in a proposed planned unit development, special land use, site condominium or other land development requiring Planning Commission consideration, then the Commission may consider approval of the private road as a part of the consideration for that development.
(3)
The Planning Commission shall review the application for the
private road, and shall not recommend the approval of the application
to the Township Board of Trustees unless each of the following standards
has been satisfied:
(a)
The proposed private road complies with all requirements of
this section and other applicable provisions of this chapter.
(b)
The proposed private road will not create conditions which may
be detrimental to the health, safety or welfare of persons or property
through their creation of hazardous or potentially hazardous situations.
(c)
The Township may consult with the Township Planner, the Fire
Chief, Attorney, Engineer, Building Inspector and/or the Zoning Administrator,
as deemed appropriate, in its consideration of a private road application.
(4)
The Planning Commission may recommend and the Township Board
of Trustees may require that the applicant complies with reasonable
terms and conditions relating to the placement, design, construction
and use of the private road, consistent with the terms of this section
and other applicable provisions of this chapter. The Township Board
of Trustees need not follow the recommendations of the Planning Commission
and may impose fewer or additional conditions as it deems necessary
and appropriate to enforce the terms of this chapter.
(5)
Following review and approval of a proposed private road by
the Township, the Township Building Inspector may, upon the recommendation
of the Township Engineer, determine whether to issue a construction
permit for the private road.
(a)
No private road shall be constructed until the construction
permit has been issued.
(b)
In determining whether to issue a construction permit, the Building
Inspector, or his or her designee, shall consider the approval of
the private road by the Township, whether the private road can be
constructed safely and without adverse effects upon adjacent or nearby
lands or property interests and whether the private road meets the
design standards of this section.
(c)
In issuing a private road construction permit, the Building
Inspector, or his or her designee, may impose such conditions as will
assure compliance with the terms of this section.
(6)
As a condition of approval of a private road and the issuance
of a construction permit therefor, the Township may require that the
applicant provides a performance bond with an acceptable surety, or
a letter of credit, conditioned upon the timely and faithful performance
by the applicant under the terms of this section and under the terms
and conditions of any approval given for the private road.
(7)
Neither the Township's approval of a private road nor the Building
Inspector's issuance of a construction permit for a private road constitutes
authorization for the construction or occupancy of a structure that
will be served by the private road.
F.
Certificate of compliance.
(1)
Upon completion of construction of a private road, the Building
Inspector, or his or her designee, shall inspect the completed construction
to determine whether it complies with the approved plans and specifications
for the road, the approval given therefor by the Township and Building
Inspector, and the terms of this section and other applicable provisions
of this chapter.
(2)
The applicant shall provide the Township with a set of as-built
drawings bearing a certificate and statement from a registered engineer,
certifying that the private road has been completed in accordance
with the requirements of this section and other provisions of this
chapter and with the terms of approvals given by the Township and
Building Inspector.
(3)
After receiving the certified as-built drawings and following
the Building Inspector's review of the completed construction, the
Building Inspector may issue and submit to the applicant a certificate
of compliance, stating that, based upon the inspection of the construction,
the private road complies with this section, other applicable provisions
of this chapter and the Township and Building Inspector approvals.
If, however, the completed private road does not satisfy the requirements
of this section, other applicable provisions of this chapter or approvals
given by the Township and/or Building Inspector, the Building Inspector
shall notify the applicant, in writing, of such noncompliance and
shall provide the applicant a reasonable period of time in which to
correct the stated deficiencies. The Building Inspector may issue
a certificate of compliance once the deficiencies have been corrected.
G.
Building and occupancy permits.
(1)
No building permits or other permits shall be issued for any dwelling or other building, structure or use, the primary access to which is to be provided by a private road, until the private road has been approved in accordance with this chapter and until a private road construction permit and a certificate of compliance have been issued, except as stated in Subsection F hereof.
(2)
An occupancy permit for a dwelling or other building, the primary access to which is to be provided by a private road, shall not be issued until the private road has been laid out and constructed in accordance with the requirements of this § 380-12.17 and with the terms of approvals given by the Township.
No person, firm or corporation shall operate a recycling center/operation,
store, dump, or cause to be dumped any garbage, tin cans, papers,
automobile vehicles or truck bodies or parts, machinery, stoves, refrigerators,
junk, movable structures, or waste materials of any kind on any land,
private or public, situated in the Three Oaks Township unless such
place has been licensed as a state solid waste management site.
The Township Board may issue permits for the temporary use and
occupancy of property for uses not otherwise provided for in this
chapter (carnivals, special events, flea markets, environmental testing
devices) and which do not require the erection of any structures requiring
foundations or connection to public water or sewer. For the purpose
of this section, a temporary activity shall not extend for more than
six months in any year. There shall be no minimum duration for a temporary
activity; provided, however, that sales of personal items from a private
residence or church, such as garage or yard sales, shall not be considered
a temporary activity if such sale does not extend for more than three
days in any ninety-day period.
A.
Temporary activities shall only be permitted in the C-1 District
B.
The Township Board shall issue temporary activity permits in response
to a properly completed application, if it finds that such activity
shall:
(1)
Conform with applicable minimum development standards, including
but not limited to setbacks, off-street parking and loading, and signs;
(2)
Maintain adequate setbacks between stalls, fixtures and equipment
to allow emergency access;
(3)
Be compatible with the physical character and the use of nearby
properties;
(4)
Not adversely impact the public health, safety, and general
welfare of the Township, its residents and businesses.
C.
The Township Board shall establish a definite time limit for the
existence of any such temporary use, which shall not exceed six months.
D.
The Township Board may establish conditions upon the approval of
a temporary activity permit, including establishment of a definite
time limit for the existence of any such temporary use, which shall
not exceed six months
While not specifically classified in this chapter as a permitted
use, it is recognized that some uses may be sufficiently similar to
uses listed as permitted by right that the Planning Commission may
consider such unlisted uses as being of a similar character and warranting
similar regulation as such uses. In such event, the terms of this
section shall be applied.
A.
Upon application, the Planning Commission shall consider an unclassified
use as sufficiently similar to a classified permitted use when it
finds that such unclassified use will be similar in character and
impact to a classified use in terms of:
B.
Where a proposed use of land or use of a building is not expressly authorized, contemplated or named by this chapter in any of the zoning districts, or where the Zoning Administrator has a question as to the appropriateness of a use that involves other features which are not expressly authorized, contemplated or specified in this chapter, the Zoning Administrator may determine that the use is unclassified. In the case of an unclassified use, an amendment to classify, permit and regulate the use may be initiated pursuant to Article XX, Amendments. Unclassified uses may not be treated as a special land use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Features not contemplated. Where a proposed use, while classified
in this chapter, incorporates elements, services or features that
are unusual and not contemplated in this chapter, the Planning Commission
shall evaluate such elements, services or features and determine whether
their effect is to render the use itself sufficiently unique to be
considered a separate land use. In reaching such an evaluation, the
Planning Commission shall consider any impacts on surrounding properties
that may result from such elements, services or features that are
unusual and not contemplated in this chapter. If the Planning Commission
finds that such impacts on surrounding properties will significantly
exceed those that would otherwise be expected from the classified
use, such use shall be prohibited.
Site condominium developments shall be regulated in the same
manner as plats developed pursuant to the Land Division Act[1] and in accord with Chapter 205, Land Division and Subdivision.
[1]
Editor's Note: See MCLA § 560.101 et seq.
Detached single-family conservation subdivisions, as defined herein, shall conform to the provisions of Chapter 205, Land Division and Subdivision, the site plan review provisions of Article XVI and the provisions of this section. A conservation subdivision shall be the preferred design approach for any residential subdivision in Three Oaks Township and shall be a use permitted by right in the R-1, R-2, R-3 and R-4 Zoning Districts. In the AG-RR Zoning District, a conservation subdivision may be allowed subject to the provisions of § 380-15.27.
A.
Minimum open space requirement. The development density which would
normally be realized on the entire parcel shall be transferred to
the area of the parcel which is not the 50% area of the parcel, which
shall be kept as usable open space in perpetuity by conservation easement,
plat dedication, restrictive covenant, or other legal means.
B.
Determining maximum number of lots. The maximum number of new lots
which may be created within the parcel shall be the same number that
would be permitted on the site under the provisions of the zoning
district. To determine this density, the applicant shall either:
(1)
Submit a conceptual plan of division of the parcel. This conceptual
plan shall contain proposed parcels, roads, rights-of-way, areas which
are not in the buildable area, and other pertinent features, in compliance
with Township ordinances and stipulations. This plan must be drawn
to scale; or
(2)
Multiply the buildable area of the parcel, as defined herein,
by 85% to account for rights-of-way, and divide the result by the
minimum parcel area in the zoning district.
C.
Open space standards. Open space areas shall include irreplaceable
natural features located in the tract (such as, but not limited to,
stream beds and significant stands of trees). It is intended that
this space be for recreation or use by the lot owners within the development
and should be easily accessible to pedestrians. Such permanent open
space shall be determined through the preparation and submittal of
a detailed site analysis which shall identify native soils, water
features, wetlands, topography, vegetation, wildlife corridors, views
to water and prominent meadows from off site, steep slopes (in excess
of 20%) and other unique or aesthetic features.
(1)
Based on the site analysis, the applicant shall identify the
portion of the parcel to be maintained in the perpetually undeveloped
state, incorporating features in the following order of priority,
to the greatest extent possible:
(2)
Lands running parallel to an existing public road adjoining
the parcel to a depth of not less than 30 feet shall be included within
the preserved open lands and shall be maintained as natural woodlands.
If such lands do not include existing forest, the applicant shall
commit to a reforestation plan, sufficient to provide visual screening
to the development, within not more than 10 years.
(3)
Any portion of the open space with a least dimension of less
than 50 feet shall not be considered a part of the open space for
the purpose of determining the required 50% provided in this section.
(4)
Lands to be included within permanently dedicated open space
may not include areas containing or impacted by gas or oil wells,
personal wireless communication facilities, electrical transmission
lines or similar elements; but may include detention or retention
facilities if designed to reflect a natural wetland.
