A.
Intent and purpose.
(1)
Rather than permitting all of the many and varied land use activities
within individual and limited zoning districts, it is the intent of
this chapter to provide a set of procedures and standards for specific
uses of land or structures that will allow and maintain sound provisions
for the protection of the health, safety and general welfare of the
inhabitants of Lawrence Township. In order to provide controllable
and reasonable flexibility, this article permits detailed review of
certain specified types of land use activities which, because of their
particular and unique characteristics, require special consideration
in relation to the welfare of adjacent properties and to the community
as a whole. Land and structure uses possessing these characteristics
may be authorized within certain zone districts by the issuance of
a special use permit. By such a procedure, the Township Planning Commission
has the opportunity to impose conditions and safeguards upon each
use which are deemed necessary for the protection of the public welfare.
(2)
The following section, together with previous references in other
articles of this chapter, designate specific uses that require a special
use permit and, in addition, specify the procedures and standards
which must be met before such a permit can be issued.
B.
Application procedures. An application for a special use permit for
any land or structure use permitted under this article shall be submitted
and processed under the following procedures:
(1)
Applicant. Any person owning or having an interest in the subject
property may file an application for one or more special use permits
provided for in this chapter in the zoning district in which the land
is situated.
(2)
Submission of application. An application shall be submitted through
the Building Official for consideration to the Planning Commission
on a form provided by the Building Official. Each application shall
be signed by the property owner. The application shall be accompanied
by payment of the fee as established by the Township Board of Trustees
to cover costs of processing the application.
(3)
Required information. One application for a special use permit, filled
out in full, shall be presented to the Building Official and accompanied
by one of the following:
(a)
Twelve copies of a preliminary sketch plan. In this instance, the applicant will be required to complete the site plan review process of Article VIII after completion of the special use permit procedure. Additional copies may be required.
(b)
A complete application for site plan review, including application form, final site plan and all applicable fees. In this instance, the site plan review process will be conducted simultaneously with the review of the special use permit and in conformance with Article VIII of this chapter.
(c)
An application complying with the provisions of this chapter
shall be scheduled for public hearing by the Planning Commission.
(4)
Incomplete applications.
(5)
Upon receipt of a complete application by the Building Official,
the Township shall transmit one copy to any agency considered to be
impacted or affected by the land use request for review and comment.
This includes but is not limited to the County Drain Commissioner
and the County Road Commission.
(6)
Other having interest. Any person having an interest in any application
may present any petition or document supporting his position for or
against such application.
(a)
All documents shall be submitted to the Building Official no
later than 15 days before the hearing at which the application will
be considered.
(b)
It shall be incumbent upon the applicant to furnish adequate
evidence in support of the proposed use complying with the provisions
of this chapter. It shall be the obligation of the applicant to furnish
sufficient evidence or proof of ongoing compliance with the provisions
of this chapter.
(7)
Requirements and limitations for granting special use permits.
[Amended 4-12-2018][1]
(a)
Until a special use permit has been issued for any use requiring
the same in this chapter, and until a proper building permit has been
granted pursuant to the special use permit, there shall be no construction,
as defined by MCLA § 125.1502a(n), or excavation on said
land, nor shall there be made any use of land related to the request
for the special use permit except as provided herein. While a special
use permit application is pending, a limited building or demolition
permit application may be submitted if no objection to its submission
is raised by the Planning Commission at a regular or special meeting
of the Planning Commission following the submission of the special
use application.
(b)
The request to submit a limited building or demolition permit
application may be made on the special use permit application itself,
or in a separate request submitted at or before the initial hearing
on the special use permit application.
(c)
The Planning Commission shall consider the Building Inspector's
opinion, the proposed special use, the likelihood of granting the
special use permit, the impact on the neighboring properties and the
community if a structure is built or demolished in whole or in part
and the special use permit is denied, and any other factors the Planning
Commission considers relevant.
(d)
The granting of a limited building or demolition permit is not
an approval of any special uses, building, structure, or excavation
locations, or other matters depicted, referred to, or implied in any
documents submitted with the limited building or demolition permit
or special use permit application. Further, any work done pursuant
to a limited building or demolition permit may need to be modified,
redone, or removed in light of requirements of the Planning Commission
or the Township Board for approval of the special use permit.
A LIMITED BUILDING OR DEMOLITION PERMIT and APPLICATION will
contain the following reservation of rights: "THIS BUILDING OR DEMOLITION
PERMIT SHOULD NOT BE CONSTRUED AS AN APPROVAL OF ANY SITE PLANS OR
SPECIAL USE PERMIT APPLICATIONS. THIS INCLUDES SITE PLANS THAT WERE
ATTACHED TO THIS LIMITED BUILDING OR DEMOLITION PERMIT APPLICATION.
THE TOWNSHIP RESERVES THE RIGHT TO DENY ANY SITE PLANS AND/OR SPECIAL
USE PERMITS, AND ANY AMENDMENTS THERETO, PENDING IN OR STILL TO BE
SUBMITTED TO THE TOWNSHIP. THE APPLICANT PROCEEDS AT HIS/HER OWN RISK
WITH FULL UNDERSTANDING THAT THE AFOREMENTIONED SITE PLANS, SPECIAL
USE PERMITS, AND OTHER PERMITS, APPLICATIONS, OR APPROVALS MAY BE
DENIED OR HAVE ADDITIONAL CONDITIONS PUT ON THEM WHICH MAY PREVENT
FURTHER CONSTRUCTION, RESULT IN FINANCIAL LIABILITY OR LOSS, OR OTHERWISE
RESULT IN HAVING TO MODIFY, REDO, OR UNDO STRUCTURES OR EXCAVATIONS,
OR MAY RESULT IN APPLICANT HAVING TO TAKE FURTHER ACTION."
| |
"I am the owner or the owner's authorized agent
capable of binding the owner. The owner/applicant deems the work,
structure, excavation, and/or demolition is acceptable even if the
pending or to be submitted special use permit is DENIED. The owner/applicant
states that even if the special use permit is denied said construction,
excavation, and/or demolition furthers the owner/applicant's desire
to develop the property for other reasons."
| |
Date:
|
Owner/Agent:
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[1]
Editor's Note: This ordinance renumbered original Sec. 7.1.2(F)(3)
of the 2005 Code as original Sec. 7.1.2(G).
C.
Review and findings.
(1)
Public hearing. The Planning Commission shall review the application
at its next regular meeting following filing and shall set a date
for public hearing within 45 days thereafter. Notice shall be given
pursuant to the requirements of the Michigan Zoning Enabling Act,[2] as presently enacted or later amended, concerning the
request.
[2]
Editor's Note: See MCLA § 125.3101 et seq.
(2)
Planning Commission recommendations. Upon conclusion of such hearing
procedures, the Planning Commission shall transmit a written recommendation
within 30 days to the Township Board setting forth the reasons for
the acceptance, denial or modification of the special use permit application.
Such recommendation shall be forwarded to the Township Clerk.
(3)
Township Board action. Upon receipt of the Planning Commission recommendation,
the Township Board shall consider the special use permit application
at its next regular meeting. The Township Board shall accept or reject
the application based upon materials received and testimony recorded
by the recording secretary at the public hearing. Following favorable
action by the Township Board, the Clerk shall issue a special use
permit subject to site plan review and/or other conditions as have
been placed on such permit by the Planning Commission and Township
Board. All conditions shall be clearly specified in writing.
D.
Basis of determination. Before recommending approval of a special
use permit to the Board of Trustees, the Township Planning Commission
shall ensure that the standards specified in this section, as well
as applicable standards established elsewhere in this chapter, shall
be satisfied by the completion and operation of the special use under
consideration.
(1)
General standards.
(a)
The Township Planning Commission shall review the particular
circumstances of the special use request under consideration in terms
of the following standards and shall recommend its approval only upon
a finding of compliance with each of the following standards, as well
as applicable standards established elsewhere in this chapter.
[1]
The proposed use, activities, processes, materials, equipment
and conditions of operation will not be detrimental to the public
welfare, persons or property by reason of noise, fumes, dust, glare,
traffic or objectionable odors.
[2]
Essential public facilities and services such as roads, fire
and police protection, drainage facilities, refuse disposal, and schools
are adequate for the proposed use or are capable of being adequately
provided for.
[3]
Requirements for additional public services and facilities which
will be created by the proposed use will not be detrimental to the
economic welfare of the community. All standards set forth in this
chapter will be complied with.
[4]
All administrative requirements pertaining to the issuance of
special use permits have or will be complied with.
[5]
The proposed use, activities, processes, materials and equipment
and conditions of operations shall be consistent with the objectives
of the Comprehensive Development Plan.
[6]
Where feasible, the proposed activity should not be located
such that it will directly or indirectly have a substantial adverse
impact on the natural resources of the county. This includes but is
not limited to lakes, rivers, streams, country drains, major forests,
water recharge areas, and major mineral deposits. See Natural Resources
and Environmental Protection, 1994 P.A. 451 (MCLA § 324.101
et seq.).
[Amended at time of adoption of Code (see Ch. 20, Code Adoption,
Art. II)]
(2)
Conditions. The Lawrence Township Planning Commission may recommend
approval, approval with conditions, or disapproval of a special use
application. If the Planning Commission recommends approval with conditions,
the Township Board shall have the authority to add conditions necessary
to ensure compliance with the standards contained in this or other
applicable Township ordinances and regulations. Such conditions shall
be enforced by the Building Official. The hours of operation may be
set by the Planning Commission. The conditions may include those necessary
to ensure that public services and facilities affected by a proposed
land use or activity will be capable of accommodating increased service
and facility loads caused by the land use or activity, to protect
the natural environment and conserve natural resources and energy,
to ensure compatibility with adjacent uses of land, and to promote
the use of land in a socially and economically desirable manner.
(3)
Performance guarantee. In reviewing a special use permit, the Township
Planning Commission may recommend that a cash deposit, certified check,
irrevocable bank letter of credit, or surety bond be furnished by
the developer to ensure compliance with an approved site plan and
the special use permit requirements. Such guarantee shall be deposited
with the Township Clerk at the time of the issuance of the special
use permit. In fixing the amount of such performance guarantee, the
Township Planning Commission shall limit it to reasonable improvements
required to meet the standards of this chapter and to protect the
natural resources or the health, safety and welfare of the residents
of the Township and future users or inhabitants of the proposed project
or project area, including, but not limited, to roadways, lighting,
utilities, sidewalks, screening and drainage. The term "improvements"
does not include the entire project which is the subject of zoning
approval nor to improvements for which a performance guarantee has
been deposited pursuant to Act No. 288 of 1967,[3] as amended. The Township Planning Commission and the project
developer shall establish an agreeable procedure for the rebate of
any cash deposits required under this section, in reasonable proportion
to the ratio of work completed on the required improvements as work
progresses and include it in its recommendation to the Board of Trustees.
[3]
Editor's Note: See MCLA § 560.101 et seq.
E.
Effective date of special use permit. The special use permit shall
become effective when the application has been approved by the Board
of Trustees.
(1)
A building permit shall not be issued until approval of such special
use permit by the Lawrence Township Board of Trustees.
(2)
Land subject to a special use permit may not be used or occupied
for purposes of such special use until after a certificate of occupancy
for it has been issued pursuant to this chapter.
F.
Transfer and/or expiration of special use permit.
(1)
Transfer of special use permit. In order to ensure continued compliance
with the terms of this chapter and a special use permit issued under
it, each special use permit shall specify terms for transfer of a
valid special use permit from the present landowner or operator to
a subsequent owner or operator. The responsibility for said transfer
in accordance with the terms of the special use permit shall be that
of the permit holder of record with the Lawrence Township Planning
Commission. Failure of a special use permit holder to properly transfer
a special use permit shall not release the permit holder of record
from ordinance penalties for any subsequent action undertaken on the
land in violation of the terms of the special use permit. Transfer
of a special use permit shall be made on a form supplied by the Building
Official for that purpose. Proper completion of the form shall require
documentation of assumption by the new owner of an interest in the
land/operation in question and a written agreement that the new owner/operator
will assume the obligations and responsibilities specified in the
special use permit, including deposit of a bond or other performance
guarantee, when so required by the special use permit. When such transfer
has been properly completed and any bond or other performance guarantee
deposited properly with the Township by the new permit holder, any
bond or performance guarantee on deposit with the Township by the
previous permit holder shall be returned in accord with the terms
of this chapter.
(2)
Expiration of special use permit:
(a)
A special use permit shall be valid for as long as the permitted
use continues in accordance with the terms stated therein, unless
otherwise stated in the special use permit. If there is not compliance
with the terms of the special use permit within six months from the
date of its issuance, then it shall automatically expire and be of
no further effect or validity. Approval of a special use permit shall
be valid regardless of change of ownership, provided that all terms
and conditions of the permit are met by subsequent owner.
(b)
The Township Clerk shall notify the applicant, in writing, mailed
to the address listed on the application that such special use permit
has expired.
G.
Reapplication. No application for a special use permit which has
been denied, wholly or in part, by the Township Board of Trustees
shall be resubmitted until the expiration of one year from the date
of such denial except on the grounds of newly discovered evidence
or proof of changed conditions.
H.
Requirement compliance: penalties. It shall be the duty and obligation of the owner(s), or operator(s) if such is under a management arrangement, to at all times be in compliance with the use requirements of this chapter and the stipulations of the special use permit under which their particular use is governed. Failure thereof shall be in violation of this chapter and subject to the penalties and remedies provided in § 1-3.9 and the continuance thereof is hereby declared to be a nuisance per se.
I.
Once granted a special use permit, the use is a permitted use. Any
use for which a special use permit has been granted shall be deemed
a conforming use permitted in the district in which such use is located,
provided:
(1)
Such permit was issued in conformity with the provisions of this
chapter;
(2)
Such permit shall be deemed to affect only the lot or portion thereof
and uses there upon for which the special use permit shall have been
explicitly granted; and
(3)
Such permit authorizes a use which is subsequently built, operated
and maintained to compliance with this chapter, the special use permit
and all conditions established with its approval.
J.
Specific requirements. The general standards and regulations of this
section are basic to all uses authorized by special use permit. The
specific and detailed regulations set forth or referred to hereafter
in other specified sections of this chapter relate to particular uses
and are hereafter requirements which must be met by those uses in
addition to the aforementioned general standards and regulations.
Special land uses which may be permitted are specifically listed within each of the zoning districts in Article VI. The basis of determination and the general standards for reviewing all listed special land uses in the various zoning districts can be found in § 1-7.1. Additional standards for special land uses are as follows.
A.
Planned unit developments (PUD).
(1)
Purpose. The planned unit development is designed to provide for
maximum environmental choice for the residents of the Lawrence Township
by encouraging creativity and flexibility of low-density residential
design, diversity of building types, open space arrangements and environmental
preservation, and the integration of nonresidential uses such as professional
office, research and supportive services and amenities through the
special use permit process.
(2)
Intent. It is the intent of this section to provide for an added
degree of flexibility in the placement and interrelationship of buildings
incorporating a variety of residential dwellings and encouraging a
more creative approach to development. Such criteria are further intended
to:
(a)
Result in a more efficient development pattern with shorter
streets and utility networks.
(b)
Preserve existing natural assets, such as stands of trees, floodplains,
open fields and the like.
(c)
Accomplish a more desirable residential environment than would
be possible through the strict application of minimum requirements
of this chapter.
(d)
Encourage the utilization of open space and the development
of recreational facilities generally located within a reasonable distance
of all living units.
(e)
Develop property as individual lots or common building sites.
Common land and open space are essential elements of the plan related
to affecting the long-term aesthetic and economic values of the entire
development.
(f)
Provide for supportive amenities, such as recreational uses,
which, in the opinion of the Planning Commission, are in conformance
with the Comprehensive Development Plan and the objectives of the
proposed development.
(g)
Provide for planned professional office/research working environments
in conjunction with the planned living environments, which enhance
the residential stability and economic base of Lawrence Township through
the application of the special use permit process.
(3)
General requirements, restrictions and standards:
(a)
Minimum project area. Minimum project area allowable for a PUD
shall be 15 acres.
(b)
Location. Planned unit developments may be located in those
districts as designated upon recommendation of the Planning Commission
and approval by the Township Board of Trustees.
(c)
Uses permitted. Only the following land and/or building uses
may be permitted under the provisions of this section:
[1]
All uses permitted in the district for which the PUD is approved.
[2]
Any additional uses which can be shown to be compatible with
the general objectives of the Township's Comprehensive Development
Plan as well as integral to the specific PUD scheme in which they
are contained. For the purpose of this section, an "integral use"
shall be defined as a use which has a specific functional relationship
with other uses contained in the development, as for example, a day-care
center, which serves primarily the needs of residents of the development.
(d)
Performance objectives.
[1]
Yard, setback, lot size, type of dwelling unit, height, and frontage requirements restrictions are waived for the PUD; provided, however, that the spirit and intent of this section, as defined in § 1-7.2A(1), are incorporated within the total development plan. The Planning Commission may determine that certain setbacks be established within all or a portion of the perimeter of the site and shall determine the suitability of the total development plan in accordance with § 1-7.2A(1) of this section.
[2]
Access. Every structure or dwelling unit shall have access to
a public street, walkway and other areas dedicated to common use and
shall allow access for emergency vehicles.
[3]
Land usage. The approximate location of structures, shown on
the conceptual development plan, shall be so arranged as not to be
detrimental to existing or proposed structures within the development
or surrounding neighborhood.
[4]
Privacy. Each development shall provide reasonable visual and
acoustical privacy for dwelling units. Fences, walks, barriers, and
landscaping shall be used, as appropriate, for the protection and
aesthetic enhancement of property and the privacy of its occupants,
screening of objectionable views or uses, and reduction of noise.
[5]
Off-street parking. Parking convenient to all dwelling units and other uses shall be provided pursuant to the minimum requirement of Article X of this chapter. Common driveways, parking areas, walks and steps may be required, together with appropriate lighting, in order to ensure the safety of the occupants and the general public. Screening of parking and service areas may be required through use of trees, shrubs, hedges or screening walls.
[6]
Development concept. All of the elements of the site plan shall
be harmoniously and efficiently organized in relation to topography,
the size and type of plot, the character of adjoining property, and
the type and size of buildings. Arrangement of buildings shall be
done in such a way to utilize natural topography, existing vegetation
and views within and beyond site.
[7]
Utilities. Planned unit developments shall, where feasible,
provide for underground installation of utilities (including electricity
and telephone) in both public ways and private extensions thereof.
Provisions shall be made for construction of storm sewer facilities,
including grading, gutters, piping, and treatment of turf to handle
stormwaters, and to prevent erosion and the formation of dust. This
could include the establishment of retention basins in order to minimize
stormwater runoff.
[8]
Pedestrian circulation. The pedestrian circulation system and
its related walkways shall be insulated as completely and as reasonably
as possible from vehicular movement.
[9]
Recreation areas. Recreational areas and facilities shall be
provided in easily accessible locations and shall be accessible to
emergency vehicles.
[10]
Planting. The appeal and character of the site shall be preserved
and enhanced by retaining and protecting existing trees and other
site features; additional new landscaping shall be added for privacy,
shade, beauty of buildings and grounds and to screen out objectionable
features.
(e)
Density. The density (dwelling units per acre) in a PUD shall
not exceed the density of the zone in which it is located. When more
than one zone is involved, the density of the project will be the
average of the zones, weighted in direct proportion to the size of
the property within the project in each zone. Only 1/2 of the total
portion of the site comprised of floodplain, swamps, (wetland) or
a water body may be used in the calculation of densities of a project.
(f)
Open spaces. "Common open space" is defined as parcel or parcels
of land or an area of water or a combination of land and water designed
and intended for the use or enjoyment of the residents of the PUD
or of the general public. Common open space does not include proposed
street rights-of-way, open parking area, or commercial areas. Common
open space may contain accessory structures and improvements necessary
or desirable for religious, educational, noncommercial, recreational
or cultural uses. A variety of open space and recreational areas is
encouraged, such as children's informal play areas in close proximity
to individual dwelling units, according to the concentration of dwellings;
formal parks; picnic areas; playgrounds; and scenic open areas and
communal, noncommercial recreational facilities.
[1]
The area of common open space within a PUD project may not be
less than 25% of the total land area of the project.
[2]
All common open space shown on the final site plan must be reserved
or dedicated by lease or conveyance of title to a corporation, association
or other legal entity, or by reservation by means of a restrictive
covenant. The terms of such lease or other instrument must include
provisions guaranteeing the continued use of such land for the purposes
intended and for continuity of proper maintenance of those portions
of the open space land requiring maintenance.
(g)
Circulation facilities. The arrangements of public and common
ways for pedestrian and vehicular circulations shall be coordinated
with other existing or planned streets in the area.
(j)
The PUD may be developed in stages or phases, but must receive
conceptual approval for future states and final site plan approval
prior to construction of each state or phase.
(k)
Initial construction on the first phase of the project must
begin within two years of approval from Lawrence Township.
(l)
In the opinion of the Building and Zoning Official, amendments
to the approved PUD which increase the intensity of use or increase
the impact on adjacent properties must be resubmitted to the Planning
Commission for review and approval.
(4)
Development agreements and financial guarantees.
(a)
Upon approval of the PUD, the applicant shall develop, with
the Township, a development agreement to ensure that all of the customary
municipal improvement required by existing ordinances and regulations
will be properly made and that funds will be made available by the
applicant to ensure the installation of certain site improvements
prior to any permits being issued.
(b)
Financial guarantee shall be required by the Township in the
form of a cash deposit, certified check, bond or other financial guarantee/instrument
acceptable to the Township to ensure compliance with such requirements
as infrastructure, drives, walks, parking, landscaping, or other features
of the development.
(c)
The financial guarantee shall be deposited with the Township
at the time of issuance of the permit authorizing the project or activity.
The Township shall release portions of the guarantee as work is completed
on the project or activity and accepted by the Township Board.
(d)
The developer shall establish a separate escrow account with
the Township to cover such additional review costs as engineering,
legal, or other professional assistance as may be required.
(5)
Approval process. Submission, review, and recommendation of a planned
unit development shall be subject to the following three-step process:
(a)
Preapplication conference. Prior to submission of an application
for a planned unit development, the applicant shall meet with the
Building Official and other appropriate staff to outline the fundamental
elements of the proposed development (location, acreage, residential
density, nonresidential density, building types, specific uses, open
space and natural features and proposed circulation). The applicant
shall receive at the preapplication conference an explanation of ordinance
requirements, procedures, and estimated time lines.
(b)
Preliminary development concept. Prior to setting a public hearing on an application for a special use permit, the Planning Commission is required to review and comment on the preliminary development concept for the proposed PUD. The intent of the Planning Commission review is to provide as much feedback as possible on the applicant prior to the official public hearing as required in Article VIII. Prior to the Planning Commission's review of the preliminary development concept, the following information shall be submitted:
[1]
Evidence of ownership or equitable interest in the proposed
site of the PUD.
[2]
Legal description and generalized location.
[3]
Written, detailed description of the proposed uses.
[4]
Unless requested otherwise, 12 copies of a conceptual site plan
for the proposed development, which contains the following information:
[a]
Readable scale.
[b]
Existing zoning of the site and adjacent properties.
[c]
Existing land use of the site and adjacent properties.
[d]
Location of proposed structures, parking areas,
and open space.
[e]
Development summary data (acres, units, parking
spaces, gross/net density, gross building square footage).
[f]
General description of water, sanitary and storm
drainage systems, including retention basins.
[g]
Identification of existing natural features of
the site and location of specific wetland area.
[h]
Description of proposed landscape features, buffers,
and pedestrian circulation system.
[i]
Identification of existing and proposed easements.
[j]
Identification of existing and proposed public
and private rights-of-way and adjacent curb cuts.
[k]
Identification of any proposed nonresidential land
uses.
[5]
Description of development ownership, proposed ownership form
for residential and nonresidential components, and proposed maintenance
concept.
(6)
Final development plan. The final development plan for a proposed
planned unit development shall meet the following additional requirements:
(a)
The special use permit application and all supportive materials
shall be submitted at least 30 days prior to the scheduled public
hearing for the PUD.
(b)
The application and supportive materials shall contain a site
plan, which contains the information submitted for the preliminary
development plan, plus the following information:
[2]
Indicates engineering recommendations for water, sanitary sewer,
storm drainage, natural gas, electric and telephone systems.
[3]
Indicates recommended road alignments, existing contours and
proposed topographic data.
[4]
Indicates soil erosion and sedimentation control procedures.
[5]
Detailed landscape plans.
[6]
Provides a specific schedule of the proposed development, including
phasing for major construction features, open space provision, recreational
features, common use areas, utilities, and landscaping requirements.
(c)
The provision of studies which may be required by the Township,
at the applicant's expense, which address issues such as, but not
limited to, traffic circulation and safety, utility systems, and environmental
impact.
(d)
The final development plan shall meet the requirements of reasonable
development standards as established by the Township.
(e)
A decision shall be made by the Township within 60 days unless
extraordinary circumstances prohibit a decision.
B.
Commercial communication towers.
(1)
Intent. It is the intent of this section to provide regulations controlling
the placement, design, modification and construction of commercial
communication towers including their accessory uses.
(2)
COMMUNICATION TOWER
Definition. As used in this section, the following terms shall have
the meanings indicated:
A radio, telephone, cellular telephone or television relay
structure of skeleton framework, or monopole attached directly to
the ground or other structure utilized for the transmission or reception
of radio, telephone, cellular telephone, television, microwave, or
any other form of telecommunication signals. Not included in this
definition are: citizen's band radio facilities, short wave facilities,
ham and amateur radio facilities, residential television reception
antenna/satellite dishes, and government facilities which are subject
to state and federal law or regulations that preempt municipal regulatory
authority.
(3)
Regulations. The following regulations shall govern the placement,
design, modification and construction of commercial communication
towers including their accessory uses.
(a)
Special use permit. Communication towers are permitted in District
C (Commercial) and District I (Industrial) with the approval of a
special use permit. Communication facilities which are proposed to
attach to existing, preapproved communication towers shall be approved
by the Building Official if they meet all the conditions established
by the original special use permit.
[Amended at time of adoption of Code (see Ch. 20, Code Adoption,
Art. II)]
(b)
Site plan review. Communication tower applications must receive
site plan approval from the Planning Commission.
(c)
Engineering certification. The application shall provide verification
that the antenna mount and structure have been reviewed and approved
by a professional engineer and that the proposed installation is in
compliance with all the applicable codes. The communication tower
must be set back from all property lines a distance equal to its height,
unless engineering specifications have been verified by the Building
Official that the structural integrity of the communication tower
will withstand high winds and impacts, and the likelihood of a communication
tower failure is minimal. The support structure for the communication
tower shall be contained within the parcel within which the proposed
tower is located. The applicant shall incur all cost associated with
the Township Engineering review. The applicant shall provide reverification
that the antenna mount and structure remain in compliance when additional
co-located antennas are installed.
(d)
Airport locations. Communication towers in excess of 100 feet
in height above grade level shall be prohibited within a two-mile
radius of a public airport or 1/2 mile of a helipad.
(e)
Co-locations. Applications for communication towers must be
accompanied by documentation that the applicant has investigated the
potential of co-location of sharing tower facilities with other providers.
That documentation must include written evidence that the applicant
has had direct communication and response regarding the potential
for co-location or sharing tower facilities with the owners/operators
of all existing communication towers within the Township. Applications
for communication devices to be located on existing towers or structures
may be approved by the Building Official, providing all other requirements
of this section are complied with.
(f)
Spacing. In order to prevent a concentration of towers in one
geographic area, the minimum spacing distance between communication
towers shall be two miles.
(g)
Height. The maximum height of a communications tower shall be
200 feet.
(h)
Accessory structures. Accessory structures are limited to the
use associated with the operation of the communications tower. Accessory
structures shall not exceed 600 square feet in area and a height of
20 feet. Accessory structures shall not be located closer than 30
feet from all property lines.
(i)
Design certification. The final plans for the communications
tower shall be certified by a registered structural engineer and meet
all requirements of the Federal Communications Commission, the National
Environmental Policy Act of 1969,[1] and the Federal Aviation Administration.
[1]
Editor's Note: See 42 U.S.C. § 4321 et seq.
(j)
Liability. The applicant shall provide documentation that indemnity
and insurance provisions exists for the communications tower in the
event that the provider abandons the structure. The specific dollar
amount of the indemnity and insurance provisions shall be approved
by the Township and that the cancellation of such policy shall not
be effective without the approval of the Township.
(k)
Mandatory permit requirements. The following are additional
regulations pertaining to communications towers:
[1]
All towers shall be equipped with an anticlimbing device to
prevent unauthorized access.
[2]
Antennae and metal towers shall be grounded for protection against
a direct strike by lightning and shall comply as to electrical wiring
and connections with all applicable local statues.
[3]
All towers shall be located so that they do not interfere with
reception in nearby residential areas.
[4]
Towers shall not be artificially lighted unless required by
the Federal Aviation Administration.
[5]
There shall be no permanent employees located on the site.
(l)
Landscaping, screening, fencing and buffering: Landscaping,
screening, fencing and buffering plans shall be submitted for review
and approval.
(m)
Abandonment. The communication tower shall by removed by the
property owner or lessee within three months of being abandoned. The
tower shall be removed to the top of the footing.
(n)
Unsafe and unlawful communications towers: When any communications
tower is determined to be unsafe or is unlawfully erected or maintained
and is found to be in violation of the provisions of this chapter,
the use of the tower shall be discontinued until all violations are
corrected or it shall be removed.
C.
Private roads. Private roads in unplatted areas of Zoning Districts A-1 and R-1, serving two or more family dwellings and pursuant to special use permit, Article VII, shall meet the following criteria:
(1)
Shall be established within a legally recorded easement of 66 feet
in addition to the zoning district requirement for lot width.
(2)
Shall only provide access for parcels abutting the private road.
(3)
Shall be built to County Road Commission standards for public roads
as reviewed and approved by the County Road Commission. All private
roads shall include a vehicular turnaround approved by the Lawrence
Township Fire Department.
(4)
Shall be established with a legally recorded agreement for all contiguous
lots, providing for the maintenance of the road.
D.
Mobile home parks.
(1)
Intent.
(a)
It is the intent of this section to provide for the establishment,
in a district of comparable intensity of land use, well-designed mobile
home parks. The regulations and conditions contained in this section
are designed to ensure that mobile home parks will provide a comfortable
and pleasing environment for persons who seek mobile home residence.
(b)
Regulations and conditions contained in this section are intended
to ensure that mobile home park developments will be served adequately
by essential facilities and services, such as access streets, public
water, sanitary sewer and storm drainage facilities, refuse disposal,
schools, and police and fire protection.
(c)
The Planning Commission may, by the issuance of a special use
permit, authorize the establishment of a mobile home, and such authorization
shall be granted only when all the applicable procedures and requirements
stated herein are complied with.
(2)
General requirements, restrictions and standards.
(a)
Minimum project area. Minimum project area for a mobile home
park development shall be 15 acres.
(b)
Location. Mobile home parks may be located only in those zoning
districts identified in this chapter, upon approval of the Planning
Commission and in accordance with the following standards:
(c)
Uses permitted. Only the following land and/or building uses
may be permitted under the provisions of this section:
[1]
Mobile homes as defined in this chapter.
[2]
One office building exclusively for conducting the business
operations of the mobile home park.
[3]
Utility buildings for laundry facilities and auxiliary storage
space for mobile home tenants.
[4]
Recreation areas, community buildings, playgrounds and open
space for use by mobile home park tenants.
[5]
Such additional accessory buildings and uses as are customarily
incidental to mobile home park development, except that this shall
not include the sale of mobile home units other than by their individual
resident owners or the servicing of mobile home units except as is
required for normal maintenance by the individual resident owner or
his contractors.
[6]
Signs pertaining exclusively to the mobile home park.
(d)
General development standards. The design and development of
mobile home parks shall be subject to all current provisions of the
Mobile Home Commission General Rules as adopted by the Michigan Mobile
Home Commission, or any successor agency, which are hereby incorporated
by reference as a part of this chapter.
(e)
Operating standards:
[1]
The operation and business practices of mobile home parks shall
be subject to all current provisions of the Mobile Home Commission
General Rules as adopted by the Michigan Mobile Home Commission, or
any successor agency, which are hereby incorporated by reference as
a part of this chapter.
[2]
No part of any mobile home park shall be used for nonresidential
purposes, except such uses that are required for the direct servicing
and well-being of park residents and for the management and maintenance
of mobile home parks.
E.
Family accessory apartment or housing.
(1)
Intent. It is the intent of this section to provide standards that
will allow extended family living in traditional single-family neighborhoods.
Such provisions will permit the conversion of a single-family dwelling
to include an accessory apartment as a means of accommodating an elderly
parent or other family member. Also permitted will be the placement
of detached, removable, self-contained residential units designed
for installation on the same lot as the principal dwelling.
(2)
Accessory apartment. In addition to the requirements of this section,
the following provisions shall be met:
(3)
Family accessory housing. Detached, removable, self-contained units,
in addition to meeting the requirements of this section, shall meet
the following provisions.
(a)
Only owner of principal dwelling may install accessory unit.
(b)
Accessory unit shall be removed upon cessation of occupancy
of extended family member.
(c)
Accessory unit must meet front and side yard setbacks of the
district in which it is located.
(d)
Planning Commission may establish temporary rear yard setback
for accessory unit.
(e)
Accessory unit shall meet applicable codes for manufactured
housing.
(f)
Applicant for accessory unit shall document medical or hardship
need.
(g)
Bonding, or other economic guarantee satisfactory to the Township
Board, shall be provided to assure the removal of the accessory unit
upon cessation of use. Must be filed with the Township Clerk.
F.
Private or public junkyard.
(1)
Intent. It is the intent of this section that certain minimum standards
of operation be established for junkyards as uses that, because of
prior functional characteristics, have a high potential of impact
on surrounding properties or the aesthetic quality of the community
as a whole.
(2)
Such uses shall be established and maintained in accordance with
all applicable State of Michigan statutes and regulations.
(3)
The minimum site area allowable for a junkyard shall be 10 acres.
(4)
All junkyards shall be fenced around the entire periphery of the
property in use with a solid screen of sound construction, painted,
or otherwise finished neatly and inconspicuously.
(5)
All storage activities shall be confined within the fenced areas.
(6)
Fences shall be set back 100 feet from any public street.
(7)
No burning shall be allowed so as to create a nuisance.
(8)
Junk and other debris may not be stacked in any manner such that
it could be visible outside the site from the base of the fence. Junkyards
shall not be located in areas which are impossible to screen from
view from adjacent properties or public streets.
(9)
Those junkyard uses of land or structures which involve and are limited
to the storage of used, inoperative motor vehicles, salvage and resale
of used motor vehicle parts and the cartage of motor vehicles in wrecked
or inoperable condition shall comply with the following minimum standards
for site development:
(a)
All such uses may only be granted a special use permit if all
license and regulatory requirements of the Michigan Department of
State, Bureau of Automobile Regulation (or successor), Michigan Department
of Environmental Quality, and other state agencies having jurisdiction
have been fully complied with.
(b)
All activities involving motor vehicle storage, salvage of used
motor vehicle parts, assembly of parts, cutting or welding activities
and repair of motor vehicle components shall be confined within screened
enclosed as required in the subsection immediately following.
(c)
Outdoor motor vehicle storage and all permitted and related
activities shall be screened by an opaque fence or wall, earthen berm
covered with turf or other plantings, or by a dense evergreen planting.
Such screening shall be designed so as to obstruct view of stored
materials and salvage operations from public streets and occupied
structures on adjoining lands. Such screenings shall be shown on the
site plan submitted for approval in connections with the special use
permit application.
(d)
Screening required in connection with this section shall be
set back a minimum of 100 feet from any public street.
(e)
Every effort shall be made to prevent oil, gasoline, and hydraulic
fluids from entering the soil.
(f)
No burning shall be allowed so as to create a nuisance.
(g)
Motor vehicles, motor vehicle components or other materials
or equipment associated with this use shall be stacked or piled so
as not to be visible from the base of the fence.
(h)
Steps satisfactory to the District Health Department and the
Township shall be taken to control rats and other rodents on the site.
(10)
In addition to application fees for special use permit or site
plan review that may apply, an initial license fee of $100 shall accompany
an application for a license to the Township Clerk.
(11)
A renewal license fee paid annually on the first day of April
shall be paid by each applicant in the sum of $100 to the Township
Clerk.
G.
Sand, gravel, or mineral extraction operations.
(1)
Procedural rules and regulations. Applications for a permit to mine
shall be made on an form supplied by the Building and Zoning Department.
The removal of sand, gravel or an earth change clearly incidental
is exempt from this chapter.
(2)
General site plan requirements. In addition to the necessary application, payment of fees and compliance with the site plan requirements of § 1-8.4, the petition shall be accompanied plans drawn to a scale of one inch equals 100 feet, and said plan shall also include the following information:
(a)
Name and address of the owner(s) of the land from which removal
will take place.
(b)
Name, address and telephone number of person, firm or corporation
who will be conducting the actual removal operation.
(c)
Location, size and legal description of the total site area
to be mined.
(d)
The progressive phase unit extraction and reclamation plan for
both the total project and each phase unit and shall include:
[1]
The method and direction of extraction.
[2]
Surface overburden stripping plans.
[3]
The depth of grade level over the entire site from which the
material will be removed.
[4]
Provisions for grading, revegetation, and stabilization that
will minimize soil erosion, sedimentation and public safety problems.
[5]
Provisions for buffer areas, landscaping and screening.
[6]
Description of location of each phase, number of acres included
in each phase, estimated length of time to complete each phase, and
the amount of time projected to complete the entire project.
(e)
Drainage on and away from the mining area showing directional
flow of water in drainage ways, natural watercourses and streams,
intermittent and flowing, including discharge from the extraction
operation.
(f)
The proposed haul route that it is expected will be the predominate
traffic pattern for vehicles to and from the site.
(g)
The location and size of any processing equipment and/or structure.
(h)
Estimated length of time to complete the entire operation.
(i)
Area in acres from which excavation will take place in the first
year of operation and successive years to completion.
(j)
A detailed plan of operation for stripping topsoil and overburden,
stockpiling, excavating and rehabilitating. Details shall include
depths of cuts and fills and the type of fill, if any is proposed.
(k)
Measures to be taken by the applicant to control noise, vibration,
dust, and traffic.
(3)
Reclamation during operation and following termination or abandonment.
(a)
Progressive reclamation. All phase units shall be reclaimed
progressively as they are worked out to the extent that they shall
be reasonably natural and inconspicuous and shall be reasonably lacking
any hazards. All slopes and banks shall be graded to angles which
do not exceed three feet horizontal to one foot vertical.
(b)
Sufficient topsoil shall be stockpiled on the premises and promptly
redistributed on abandoned areas or where extraction operations have
been substantially discontinued for any period in excess of one year.
Such areas shall then be seeded with at least temporary protection
the first year and by the second year, permanent seeding to stabilize
the soil, lessen soil erosion potential and encourage proper growth.
Seeds and fertilizer shall be applied according to recommendations
by the Natural Resources Conservation Service and this chapter.
(4)
Site development requirements.
(a)
Setbacks in which no part of the mining operation may take place,
excepting ingress or egress shall be as follows:
[1]
Excavation shall not take place less than 50 feet from any adjacent
property line.
Exception: The Planning Commission may authorize the complete
removal of material to an adjacent property line in situations where
two extraction operations share a common property line, provided written
authorization is received from both property owners.
[2]
Excavation shall not take place less than 50 feet from any county-designated
primary road right-of-way.
[3]
Excavation and stockpiling shall not take place closer than
50 feet from any county-designated secondary road right-of-way.
[4]
No fixed machinery shall be erected or kept within 100 feet
of any property or street right-of-way.
(b)
Fencing.
[1]
The Planning Commission shall, in establishing the requirements
for fencing of the operation, take into account the scale of the operation,
the population density in the surrounding areas, and the potential
hazard to the health, safety and welfare of the citizens of Van Buren
County. If fencing is deemed a requirement of the permit to mine,
the Planning Commission shall specify the location of the required
fencing.
[2]
The owner shall install and maintain fencing around the perimeter
of the site or around the cell which is being mined. The fence shall
consist of four-foot woven wire farm fence with one strand of barbed
wire on the top, or greater. The fence shall be securely attached
to support posts not greater than 16 1/2 feet apart.
(c)
Interior traveled surfaces. Interior access roads, parking lots,
haul loading and unloading areas shall be watered or chemically treated
so as to limit the nuisance caused by windblown dust.
(d)
Ponded areas. Should the final result of the excavation result
in the creation of a body of water, the perimeter of the excavation
shall be graded to a slope not to exceed three feet horizontal to
one foot vertical to the seasonal low-water level.
(5)
Reclamation upon termination or abandonment.
(a)
An operator shall remove all worthless debris and rubbish from
the plant site and mining area within one year of the date of termination
of operations or abandonment of the property.
(b)
A mining area shall be reclaimed by an operator pursuant to
these rules by the end of the permit period or within the time set
forth in the operator's reclamation plan approved by the Planning
Commission.
(c)
Grading. All slopes and banks shall be graded to a minimum of
a 3:1 slope and treated in the following manner to prevent soil erosion:
[1]
Standards for seeding rates, fertilizer and mulching shall be
adhered to if they are recommended by the Natural Resources Conservation
Service or County Cooperative Extension Service and approved by the
Planning Commission.
[2]
The owner/operators are required to contact the Natural Resources
Conservation Service or County Cooperative Extension Service for assistance
in land reclamation.
(d)
Upon written request of an operator, the Planning Commission
may grant an extension of the reclamation period if such an extension
is warranted and believed necessary to obtain an acceptable reclamation
result.
(e)
Equipment removal. Upon cessation of mining operations, the
operating company, within a reasonable period of time, not to exceed
12 months thereafter, shall remove all structures, building, stockpiles
and equipment.
(6)
Notice of abandonment; evidence of continuing use:
(a)
An operator shall submit written notice to the Planning Commission
within six months of abandonment of the extraction area or any portion
thereof.
(b)
When activities on or use of the mining area, or any portion
thereof, have ceased for more than one year, or when, by examination
of the premises by other means, the Planning Commission determines
that the mining area or any portion thereof has in fact been abandoned
by an operation, the Planning Commission shall give the operator written
notice of its intention to declare the mining area or portion thereof
abandoned.
(c)
Within 30 days following receipt of the notice, the operator
shall have an opportunity to submit evidence that the use of the mining
area or portion thereof is continuing. If the Planning commission
finds the evidence satisfactory, it shall not make the declaration.
(7)
Financial guarantees.
(a)
Before issuance of a permit, there shall be filed by the applicant
a surety bond, executed by a reputable surety company authorized to
do business in the State of Michigan, or an irrevocable bank letter
of credit or cash bond running to the Lawrence Township Board, conditioned
upon the prompt compliance with all provisions of this section and
the requirements of the county and state.
(b)
The Planning Commission shall, in establishing the amount and
type of financial guarantee, consider the scale of the operations,
the prevailing cost to rehabilitate the property upon default of the
operator, court costs and other reasonable expenses likely to be incurred
by the Township, where the surface mine is located.
(c)
In determining the area for which the guarantee must be supplied,
the Planning Commission may consider the following:
[1]
Any area stripped of topsoil or overburden.
[2]
Any area from which material is extracted.
[3]
Any area utilized for stockpiling, extracted material, overburden
and topsoil.
[4]
Any area which from a past year of operations has not been fully
rehabilitated on the annual anniversary of the issuance of the special
use permit.
[5]
Any other land determined by the Planning Commission as integral
to the operation, which is directly deemed by it to warrant protection
under financial guarantee.
[6]
Future use of property mined.
(d)
The amount of the bond may be reduced at a rate equal to the
ratio of work completed on the required improvements as work progresses.
The term "improvements" should not be construed to mean the project
itself, but rather those features associated with the project which
are deemed necessary to protect the health, safety and welfare of
Lawrence Township's or Van Buren County's resources and future users
or inhabitants of the proposed project.
(8)
Hours of operation.
(a)
The owner(s) and/or operators shall conduct said extraction
operation, and use equipment located thereon, only between the following
designated hours:
[1]
Hours of operation for all phases of the operation which include,
but are not limited to: excavation, hauling, processing, to between
5:00 a.m. to 10:00 p.m., Monday through Saturday, with no Sunday or
holiday operations. The holidays shall include the following:
(b)
Additional emergency hours may be allowed by prior approval
by the Planning Commission when it is shown that extenuating circumstances
exist.
(9)
Additional site development requirements. No machinery shall be erected
or maintained within 100 feet of any property or road right-of-way
line. Secondly, no processing equipment or machinery shall be maintained
or stored outside the limits of the mining activity area as delineated
by the site plan.
(10)
Prohibited uses. The storage or accumulation of abandoned machinery,
vehicles, or other equipment, tires, trash or junk shall not be permissible
in any mining operation.
The dumping or depositing by other means of human waste or garbage
shall not be permissible in any mining operation.
(11)
(12)
Conditions and safeguards. The Planning Commission may impose
such additional conditions and safeguards deemed necessary for the
public health, safety or general welfare, for the protection of individual
property rights, and for ensuring the intent and purpose of this chapter.
The breach of any condition, safeguard or requirement shall automatically
invalidate the permit granted.
(13)
Issuance of a permit to mine. Permits for surface mining shall
be issued to the operator. When an operator disposes of his interest
in an extraction area prior to final reclamation by sale, lease, assignment,
termination of lease, or otherwise, the Planning Commission may release
the operator from the duties imposed upon him by this chapter as to
the operations, but only if the successor, operator or owner assumes
the obligations of the former operator with reference to the reclamation
activities. At that time, the permit to mine may be transferred.
(14)
Permit expiration. If approval for a permit to mine is granted
by the Planning Commission, it shall be for a specific period of time
not to exceed five years. Those permits granted for a period exceeding
one year shall be inspected a minimum of once a year by the Zoning
Administrator to ensure compliance with the permit and this chapter.
(15)
Violations. Violation notices shall be issued in the same manner as for notices of abandonment described in Subsection G(6).
(16)
Modification of the general site plan.
(17)
Existing nonconforming operations.
(a)
Any existing nonconforming sand, gravel or mineral extraction operation that lawfully existed at the effective date of this amendment may continue operations within the boundaries of the excavated areas, haul routes, loading or processing zones that exist on that date. Any expansion outside of the boundary of these combined areas as they exist on the effective date of this amendment will require submission of an application for special use permit and site plan under the provisions of Article VII and Article VIII of this chapter.
(b)
In order to determine the boundaries of the excavated areas,
haul routes, or loading or processing zones, the Planning Commission
may consider any area stripped of topsoil or overburden, any area
from which material is being extracted, any area utilized for stockpiling,
extracted material, overburden and topsoil, or any area other than
land determined by the Planning Commission as integral to the operation.
H.
Campgrounds. A facility where sites are offered for use by the public,
either free of charge or for a fee, for the establishment of temporary
living quarters. Temporary living quarters means a tent, recreational
vehicle, or any portable temporary housing designed to be carried
or towed by a vehicle and placed for temporary living quarters. "Campground"
shall not be construed to include any facility or portion of a facility
where such temporary housing sites are purchased by users or not owned
by the facility owner, including but not necessarily limited to condominium
ownership.
[Amended 9-14-2023]
(1)
Campgrounds with one to four campsites additional requirements.
(a)
Campgrounds and associated recreation areas must have frontage
on a public road.
(b)
Campgrounds and associated recreation areas incidental thereto
must contain at least five acres of camping and recreation area.
(c)
No site shall be occupied by the same tenant for more than 90
consecutive days during the period of June 1 through November 30.
Occupancy during the period of December 1 through May 31 shall not
exceed 14 consecutive days.
(d)
A site in a campground shall have access from either a public
or internal private roadway.
(e)
Setbacks are per zoning district requirements.
(f)
The maximum number of persons allowed to occupy a site shall
be limited to eight.
(g)
All construction of amenities, including but not limited to,
bath/shower houses, swimming pools, community buildings, laundry facilities,
etc., shall be in accordance with the Michigan Building Code, as amended.
All electrical, plumbing, and mechanical work shall be in compliance
with applicable State of Michigan Codes, as amended.
(h)
Internal private road rights-of-way shall not be less than 66
feet wide. The driving surface shall have an aggregate surface at
least 20 feet in width and at least a two-foot-wide shoulder on each
side. The right-of-way shall be free of obstructions, provide free
and easy access to abutting sites, and shall be maintained in a passable
and reasonably dust-free condition. The campground owner shall ensure
that vehicles do not park in the road right-of-way.
(i)
A campground shall be served by an approved water and septic
system.
(j)
All connections to the water distribution system, as well as
the top of the site sewer connections, shall be located above the
elevation defining the 100-year floodplain.
(k)
A campground that provides customer site piping must convey
water from the service connection to the points of use within the
campground, as provided for in the Safe Water Drinking Act, Public
Act 399 of 1976, as amended, and rules promulgated under the Act.
A campground shall provide a private sewer collection system as permitted
by the Michigan Department of Environment, Great Lakes, and Energy
meeting the requirements of the Natural Resources and Environmental
Protection Act, Act 451 of the Public Acts of 1994, as amended, and
rules promulgated under the Act.
(2)
Campgrounds with five or more campsites additional requirements.
(a)
Campgrounds and associated recreation areas must have frontage
on a public road.
(b)
Campgrounds and associated recreation areas incidental thereto
must contain at least five acres of camping and recreation area.
(c)
Areas designed for travel trailers, camp trailers, and/or tent
trailers must meet the applicable State of Michigan licensing requirements
and such rules and regulations as may be promulgated by the State
Health Commission and the State Council of Health.
(d)
Any sale of foodstuff or merchandise shall be clearly incidental
to the needs of the occupants and users of the campgrounds and associated
areas therein and shall consist of packaged merchandise only.
I.
Wineries, cideries and microbreweries.
[Added 7-13-2017]
(1)
Intent. Wineries, cideries and microbreweries are welcomed by Lawrence
Township as appropriate farm activities. It is the Township's intent
to promote local agricultural production by allowing construction
of a tasting room and retail sale of associated products in the agricultural
district, subject to a special use permit. It is also the Township's
intent to encourage the growing of crops and production as an integral
component of the rural and agricultural ambience of Lawrence Township,
and to maintain the viability of farming through value-added processing
and direct sales of beverages made from locally grown crops.
(2)
General requirements, restrictions, and standards. Wineries, cideries
and microbreweries are permitted by special use permit in the Township,
provided:
(a)
The winery, cidery, or microbrewery shall obtain and maintain
all necessary licenses, permits, and permissions to operate under
federal, state, and local law and regulations.
(b)
Production limitations:
[1]
Wineries may produce up to 50,000 U.S. liquid gallons of wine,
brandy, or a combination of both, during one calendar year, in total;
[2]
Cideries may produce up to 50,000 U.S. liquid gallons of cider,
whether fermented or unfermented, brandy, or a combination of both,
during one calendar year, in total;
[3]
Microbreweries may produce up to 30,000 barrels (one barrel
equaling 31 U.S. liquid gallons) of an alcoholic beverage created
by fermentation of an infusion or decoction of barley, malt, hops,
or other cereal grains in potable water.
(c)
Facility dimensional limitations:
[1]
The parcel area on which the facility is permitted shall be
at least 10 acres; the minimum parcel width shall be at least 200
feet;
[2]
The total land area covered by the buildings and structures
used for processing, storage, and sales shall not exceed 2% of the
contiguous lot area;
[3]
The aboveground portion of any individual building shall not
be greater than 15,000 square feet; and
[4]
All new buildings shall meet the same setback requirements for
the zoning district the parcel is located in. If a building is open
to the public, that building shall be set back at least the required
setback distance from the respective lot line for the zoning district
the parcel is located in. Any legal nonconforming building may have
any setback distance reduced subject to Planning Commission approval
to encourage the use of existing buildings.
(d)
Operations open to the public:
[1]
Consumption of alcoholic beverages at the facility by the public
shall be limited to tasting-room quantities. No member of the public
may imbibe more than four twelve-ounce beers at 5% alcohol by volume,
four five-ounce glasses of wine at 12% alcohol by volume, or four
one-point-five-ounce servings of distilled spirits at 40% alcohol
by volume, or an equivalent amount of alcohol (such as eight twelve-ounce
beers at 2.5% alcohol by volume) in any given day at the facility.
In order to facilitate tasting, the facility may offer tasting-room-size
cups or glasses to facilitate tasting. However, the limits on the
amount of alcohol permitted to be consumed on any day by each member
of the public is as stated above.
[2]
Tours, tasting rooms, and areas may only be open to the public
between the hours of 10:00 a.m. and 7:00 p.m. The public may only
be offered alcohol products on site during those times.
(e)
Adjunct food services may be provided. In conjunction with the
above tasting room, adjunct food services may be provided. However,
the following applies:
[1]
No grill, stove, oven, fryer, smoker, or similar cooking equipment
may be used at the facility for the preparation of food offered to
the public at the facility;
[2]
Only toasters, toaster ovens less than 20 inches by 20 inches
by 20 inches or smaller, refrigerators, and microwaves are permitted;
[3]
Food may be prepared off site; and
[4]
The facility may not otherwise operate as a restaurant.
(f)
Retail sales.
[1]
Retail sales of merchandise, beverages, and advertising associated
with the products produced at the facility are permitted. Only beverages
produced at the facility or merchandise or advertising materials depicting
products made at the facility may be sold at the facility.
[2]
All retail sales shall be clearly subordinate to the production
of the beverage produced.
[3]
The retail sales shall be no more than 25% of the floor area
devoted to the winery/brewery/cidery, but in no case shall it occupy
more than 2,000 square feet of floor area.
(g)
Additional limitations.
[1]
Any special use permit granted pursuant to this section will
terminate if the facility ceases to operate as a cidery, winery, or
microbrewery for a period of nine months.
[2]
No alcoholic beverage or alcoholic products other than those
produced by the winery, microbrewery, or cidery be provided or sold
on the premises. All alcoholic products must be for human consumption.
[3]
It is a condition of any special use permit issued that the
facility and owner shall comply with all federal, state, and local
law or regulation regarding the sale, distribution, storage, and manufacturing
of alcoholic spirits.
[4]
The facility is subject to inspection to determine compliance
with this chapter and other federal, state, and local laws and regulations.
J.
Medical
and/or recreational marihuana facilities.
[Added 12-12-2019; amended 6-11-2020]
(1)
A medical and/or recreational marihuana facility may be authorized
to operate within the Township by the holder of a state operating
license, under the Medical Marihuana Facilities Licensing Act (MMFLA),
Act 281 of 2016, as amended,[2] and/or under the Michigan Regulation and Taxation of Marihuana
Act (MRTMA), Initiated Law 1 of 2018, as amended,[3] respectively, as well as the rules promulgated under the
respective statute, and all applicable local ordinances.
(2)
Medical and/or recreational marihuana facilities may co-locate on
the same property to the extent permitted by state laws and regulations.
(3)
Medical and/or recreational marihuana facility licenses may stack
to the extent permitted by state laws and regulations.
(4)
No medical and/or recreational marihuana facility shall be located
within 1,000 feet of any school or public park/playground, with the
minimum distance between uses measured between the facility and the
nearest property line of the school or public park/playground.
(5)
Outdoor trash containers or dumpsters may be required in order to
control the disposal of waste or by-products from any facility operation.
When required, an outdoor trash container or dumpster shall be subject
to the following:
(a)
The placement of the container shall be subject to site plan
review.
(b)
Adequate vehicular access shall be provided to the container
which does not conflict with the use of the parking areas or access
drives.
(c)
All containers shall rest on a concrete pad.
(d)
A solid ornamental screening wall or fence shall be provided
around all sides of the container and shall include an access gate.
The screening wall or fence and gate shall be of sufficient height
to completely screen the container.
(e)
The container, screening wall or fence, and gate shall be maintained
in a neat and orderly manner, free from debris.
(6)
A medical and/or recreational marihuana facility shall be reviewed
in consideration of the following:
(a)
Lighting. The placement and arrangement of outdoor lighting serving the facility shall provide adequate security and comply with the outdoor lighting standards set forth in § 1-9.6.
(b)
Noise. Noise and vibration shall be minimized in their effect
upon the surrounding area by the utilization of modern equipment designed
to accomplish such minimization and the use of walls and vegetative
buffers/screens.
(c)
Odor. Odor shall be minimized in its effect upon the surrounding
area by the utilization of a modern odor control system designed to
accomplish such minimization and operational procedures.
(d)
Environment. Information on the storage and use of products,
water and energy consumption, and waste disposal associated with a
facility will be required to allow for an assessment of potential
impacts on the site and surrounding area and the applicability of
state and local regulations.
(e)
Traffic. A facility shall be located in consideration of the
ingress/egress, loading and travel patterns of the traffic associated
with the operation of the facility, with specific attention toward
avoiding the creation of traffic through a predominantly residential
area.
(f)
Security. Security measures, such as fencing, access controls,
and video surveillance, will be considered in determining the ability
of the facility to adequately provide for public safety.
(g)
Impact on neighboring property. Barriers and/or buffers, facility
separations, and/or operational requirements may be applied to minimize
identified injurious or annoying impacts on surrounding properties.
K.
Large solar energy systems.
[Added 7-9-2020]
(1)
Purpose and intent. The purpose and intent of this subsection is
to establish standards for the siting, installation, operation, repair,
decommissioning and removal of large solar energy systems.
(2)
Site plan drawing and supporting materials. All applications for
a large solar energy system's use must be accompanied by detailed
site plans, drawn to scale and dimensioned and certified by a registered
engineer licensed in the State of Michigan, displaying the following
information:
(a)
All requirements for a site plan contained in the Code of the
Township of Lawrence.
(b)
All lot lines and dimensions, including a legal description
of each lot or parcel comprising the large solar energy system.
(c)
Names of owners of each lot or parcel within Lawrence Township
that is proposed to be within the large solar energy system.
(d)
Vicinity map showing the location of all surrounding land uses.
(e)
Location and height of all proposed solar arrays, buildings,
structures, electrical tie lines and transmission lines, security
fencing, and all aboveground structures and utilities associated with
a large solar energy system.
(f)
Horizontal and vertical (elevation) to scale drawings with dimensions
that show the location of the proposed solar array(s), buildings,
structures, electrical tie lines and transmission lines, security
fencing and all aboveground structures and utilities on the property.
(g)
Location of all existing and proposed overhead and underground
electrical transmission or distribution lines within the large solar
energy system and within 100 feet of all exterior property lines of
the large solar energy system.
(h)
Proposed setbacks from the solar array(s) to all existing and
proposed structures within the large solar energy system.
(i)
Land elevations for the solar array's location and the relationship
to the land elevations of all existing and proposed structures within
the large solar energy system at a minimum of five-foot contours.
(j)
Access driveways within and to the large solar energy system,
together with a detailed narrative regarding dimensions, composition,
and maintenance of each proposed driveway. All access drives shall
be subject to Van Buren County Road Commission approval and shall
be planned so as to minimize the use of lands for that purpose.
(k)
Planned security measures to prevent unauthorized trespass and
access during the construction, operation, removal, maintenance or
repair of the large solar energy system.
(l)
A written description of the maintenance program to be used
for the solar array and other components of the large solar energy
system, including decommissioning and removal. The description shall
include maintenance schedules, types of maintenance to be performed,
and decommissioning and removal procedures and schedules if the large
solar energy system is decommissioned.
(m)
Planned lightning protection measures.
(n)
Additional details and information as required by the special
use permit requirements of the Code of the Township of Lawrence, or
as required by the Planning Commission.
(3)
Application escrow account. An escrow account shall be deposited
with the Township by the applicant when the applicant applies for
a special use for a large solar energy system. The monetary amount
deposited by the applicant in escrow with the Township shall be the
amount of $10,000, to cover all reasonable costs and expenses associated
with the special use review and approval process, which costs shall
include, but are not limited to, reasonable fees of the Township Attorney,
Township Planner and Township Engineer, as well as costs for any reports
or studies that are reasonably related to the zoning review process
for the application. Such escrow amount shall be in addition to any
filing or application fees established by resolution. At any point
during the special use review process, the Township may require that
the applicant place additional funds into escrow with the Township
if the existing escrow amount deposited by the applicant is deemed
insufficient by the Township. If the escrow account needs replenishing
and the applicant refuses to do so within 30 days, the special use
process shall cease unless and until the applicant makes the required
additional escrow deposit. Any applicable zoning escrow resolutions
or other ordinances adopted by the Township must also be complied
with by the applicant. The Township shall provide a summary of all
account activity to the applicant within a timely manner upon request.
Any funds remaining within the escrow after approval of the special
use shall be returned in a timely manner to the applicant.
(4)
In addition to Township Building Codes, compliance with the County
Building Codes and the National Electrical Safety Code is required.
Construction of a large solar energy system shall comply with the
National Electrical Safety Code and the County Building Code (as shown
by approval by the county) as a condition of any special use under
this section. In the event of a conflict between the County Building
Code and National Electrical Safety Code (NESC), the NESC shall prevail.
(5)
Certified solar array components. Components of a solar array shall
be approved by the Institute of Electrical and Electronics Engineers
("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic
Testing Laboratories ("ETL"), or other similar certification organization
if the similar certification organization is approved by the Township,
which approval shall not be unreasonably withheld.
(6)
Height. Maximum height of a solar array, other collection device,
components or buildings of the large solar energy system, excluding
substation and electrical transmission equipment, shall not exceed
15 feet (as measured from the natural grade at the base of improvements)
at any time or location on the property. Substation and electrical
transmission equipment shall not exceed 100 feet.
(7)
Lot size. A large solar energy system shall be located on one or
more parcels with an aggregate area of 10 acres or greater.
(8)
Setbacks. A minimum setback distance of 50 feet from all exterior
property lines of the large solar energy system and existing public
roads and railroad rights-of-way shall be required for all buildings
and solar arrays, provided that a setback of 75 feet shall be required
adjacent to any residential structure.
(9)
Lot coverage. A large solar energy system is exempt from maximum
lot coverage limitations.
(10)
Screening/security. A large solar energy system shall be completely
enclosed by perimeter security fencing to restrict unauthorized access.
Such fencing shall be at least six feet in height with a one-foot
extension arm consisting of a minimum of three strands of barbed wire
placed above the fencing and slanting outward as measured from the
natural grade of the fencing perimeter. Electric fencing is not permitted.
The perimeter of large solar energy system shall also be screened
and buffered by installed evergreen or native vegetative plantings
whenever existing natural vegetation does not otherwise reasonably
obscure the large solar energy system from adjacent residential structures,
subject to the following requirements:
(a)
The evergreen or native vegetative buffer shall be composed
of native or evergreen trees that at planting shall be a minimum of
four feet in height and shrubs two feet in height. The evergreen trees
shall be spaced no more than 15 feet apart on center (from the central
trunk of one plant to the central trunk of the next plant), native
trees shall be placed no more than 30 feet apart on center and shrubs
shall be spaced no more than seven feet apart on center. All unhealthy
(60% dead or greater) and dead material shall be replaced by the applicant
within one year, or the next appropriate planting period, whichever
occurs first.
(b)
All plant materials shall be installed between March 15 and
November 15. If the applicant requests a final certificate of occupancy
from the Township and the applicant is unable to plant during the
installation period, the applicant will provide the Township with
a letter of credit, surety or corporate guarantee for an amount equal
to 1.5 times the cost of any planting deficiencies that the Township
shall hold until the next planting season. After all plantings have
occurred, the Township shall return the financial guarantee.
(c)
Failure to install or continuously maintain the required vegetative
buffer shall constitute a violation of this subsection, and any special
use may be subject to revocation.
(11)
Signage. No advertising or non-project-related graphics shall
be on any part of the solar arrays or other components of the large
solar energy system. This exclusion does not apply to entrance gate
signage or notifications containing points of contact or any and all
other information that may be required by authorities having jurisdiction
for electrical operations and the safety and welfare of the public.
(12)
Noise. No component of any large solar energy system shall emit
noise exceeding 65 dBA as measured at the exterior property boundary
or the existing ROW line.
(13)
Lighting. All lighting for parking lots, driveways, external
illumination of buildings, or the illumination of signs shall be directed
away from and be shielded from adjacent properties and shall be so
arranged as to not adversely affect driver visibility on adjacent
public roads.
(14)
Distribution, transmission and interconnection. All collection
lines and interconnections from the solar array(s) to any electrical
substations shall be located and maintained underground inside the
large solar energy system, except in areas where technical or physical
constraints make it preferable to install equipment aboveground. This
requirement excludes transmission equipment meant to connect the project
substation to the local transmission system.
(15)
Abandonment and decommissioning. Following the operational life
of the project, the applicant shall perform decommissioning and removal
of the large solar energy system and all its components. The applicant
shall prepare a decommissioning plan and submit it to the Planning
Commission for review and approval prior to issuance of the special
use. Under this plan, all structures, concrete, piping, facilities,
and other project-related materials above grade and any structures
up to 42 inches below grade shall be removed off site for disposal.
Any solar array or combination of photovoltaic devices that is not
operated for a continuous period of 12 months shall be considered
abandoned and shall be removed under the decommissioning plan. The
ground must be restored to its original topography within 365 days
of abandonment or decommissioning. Restoration shall also include
bringing soil to its predevelopment composition to ensure agricultural
use upon restoration. Soil tests shall be required as a part of the
decommissioning plan both before development and prior to decommissioning.
Soil shall be brought back to predevelopment state within 365 days
of abandonment or decommissioning.
(a)
The applicant will obtain a surety bond for reclamation in an
amount to be determined by Township Engineer as a condition of site
plan approval.
(b)
The Engineer will be able to review the size of the farm and
the number of solar panels that will be installed. The amount of the
surety bond would fluctuate depending on the size of the farm. Once
the Engineer sets the surety bond amount, be sure to confirm that
the applicant obtains it. This may be a condition of site plan approval.
(c)
The surety bond is to remain in place for the length of the
leases/contracts.
(16)
Approval time limit and extension. Special use and site plan
approvals, under this subsection, shall be valid for two years beginning
on the date of Township Board approval. Once commenced, should construction
cease for period of 12 consecutive months, the special use and site
plan approvals shall be considered null and void. If construction
began prior to the expiration date established by Township Board approval,
the special use and site plan approvals shall remain in force as long
as construction continues toward a reasonable date of completion.
However, if requested by the applicant prior to the expiration date
established by Township Board approval, the Township Board may consider
an additional one-year period upon showing of good cause for the extension.
(17)
Conditions and modifications. Any conditions and modifications
approved by the Planning Commission shall be recorded in the Planning
Commission's meeting minutes. The Planning Commission may, in addition
to other reasonable conditions, require landscaping, walls, fences
and other improvements that are reasonable in relation to and consistent
with the nature of the applicable or adjacent zoning districts. After
approval, at least two copies of the final approved site plan shall
be signed and dated by the Chairperson of the Planning Commission
and authorized representative of the applicant. One copy shall be
kept on file by the Township Clerk, and one copy shall be returned
to the applicant's authorized representative.
(18)
Inspection. The Township shall have the right, at any reasonable
time, to provide a twenty-four-hour notice prior to the desired inspection
to the applicant to inspect the premises on which any large solar
energy system is located. The Township may hire one or more consultants,
with approval from the applicant (which shall not be unreasonably
withheld), to assist with inspections at the applicant's or project
owner's expense. Inspections must be coordinated with, and escorted
by, the applicant's operations staff at the large solar energy facility
to ensure compliance with the Occupational Safety and Health Administration
(OSHA), NESC and all other applicable safely guidelines.
(19)
Maintenance and repair. Each large solar energy system must
be kept and maintained in good repair and condition at all times.
If the Township Zoning Administrator determines that a large solar
energy system fails to meet the requirements of this subsection and
the special use, or that it poses a safety hazard, the Zoning Administrator,
or his or her designee, shall provide notice to the applicant of the
safety hazard. If, after a reasonable cure period (not to exceed seven
days), the safety hazards are not corrected, the applicant is entitled
to a hearing before the Township Board. If the Township Board determines
that the safety hazard requires that the large solar energy system
must be shut down, the applicant shall immediately shut down the large
solar energy system and not operate, start or restart the large solar
energy system until the issues have been resolved. The applicant shall
keep a maintenance log on the solar array(s), which shall be available
for the Township's review within 48 hours of such request. The applicant
shall keep all sites within the large solar energy system neat, clean
and free of refuse, waste or unsightly, hazardous or unsanitary conditions.
(20)
Roads. Any material damages to a public road located within
the Township resulting from the construction, maintenance or operation
of a large solar energy system shall be repaired at the applicant's
expense. In addition, the applicant shall submit to the appropriate
county agency a description of the routes to be used by construction
and delivery vehicles and any road improvements that will be necessary
to accommodate construction vehicles, equipment or other deliveries.
The applicant shall abide by all county requirements regarding the
use and/or repair of county roads.
(21)
Continuing security. If any large solar energy system is approved
for construction under this subsection, the applicant shall post decommissioning
security prior to the start of construction (in a mutually agreed
upon form) for an amount necessary to accomplish the work specified
in the decommissioning plan as agreed upon by the Township and applicant.
The amount shall be reasonably sufficient to restore the property
to its previous condition prior to construction and operation of the
large solar energy system. Such financial security shall be kept in
full force and effect during the entire time that the large solar
energy system exists or is in place, and such financial security shall
be irrevocable and noncancelable.
(a)
Continuing obligations. Failure to keep any required financial
security in full force and effect at all times while a large solar
energy system exists or is in place shall constitute a material and
significant violation of the special use and this subsection, and
will subject the large solar energy system applicant, owner and operator
to all remedies available to the Township, including any enforcement
action, civil action, request for injunctive relief, and revocation
of the special use.
(22)
Other requirements. Each large solar energy system shall also
comply with all applicable federal, state and county requirements,
in addition to other applicable Township ordinances.
(23)
Prior to the issuance of any building permits, the Zoning Administrator
must approve issued-for-construction plans sealed by a licensed Michigan
professional engineer. The issued-for-construction plans must conform
to all applicable dimensional and site design requirements, the applicable
conditions of the resolution approving the SUP, and the site plan.
The Zoning Administrator may approve minor deviations from the approved
site plan contained within the issued-for-construction plans as long
as the layout depicted is contained within the geographic area depicted
on the site plan or where said deviation are less than 250 feet. The
Fire Department must confirm all access roads and turnarounds shown
on the issued-for-construction plans allow Fire Department vehicles
to turn around and be maneuverable without impediment. The Planning
Commission must approve all deviations beyond minor deviations.
L.
Wind energy conversion systems.
[Added 7-9-2020]
(1)
Purpose. This subsection has been developed with the intention of
obtaining an appropriate balance between the desire for renewable
energy resources and the need to protect the public health, safety,
and welfare of the community and the character and stability of the
Township's residential, agricultural, recreational, commercial and/or
industrial areas and preserving and protecting the Township's important
and sensitive environmental and ecological assets and areas, open
space, viewscapes and aesthetics, wetlands, and other ecological and
environmentally sensitive areas. The dangers of WECS are documented
in various studies and include failling ice or "ice throws," sleep
disturbance caused by nighttime wind turbine noise, danger to human
health based on decibel levels, and other impacts.
(2)
ADVERSE SOUND CHARACTER
AMBIENT
ANSI
AUDIBLE
dBA
dBC
DECIBEL (dB)
EMERGENCY WORK
EQUIVALENT SOUND LEVEL (or Leq)
EXCESSIVE NOISE
GIS
L10
L90
NOISE
NONPARTICIPATING LANDOWNER
PARTICIPATING LANDOWNER
PASQUILL STABILITY CLASS
QUIET RURAL OR RESIDENTIAL PROPERTY
SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION)
SOUND LEVEL METER
SURVIVAL WIND SPEED
TIP HEIGHT
WECS APPLICANT
WIND ENERGY CONVERSION SYSTEM (WECS) TESTING FACILITY
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Sound that causes building rattle, is impulsive, tonal, or
has low-frequency bass rumble.
The sound pressure level exceeded 90% of the time over a
ninety-six-hour measurement period with daytime/nighttime division.
The American National Standards Institute.
The varying degrees of sound perception as reported by affidavit,
including, but not limited to, just perceptible, audible, clearly
audible, and objectionable.
The A-weighted sound level.
The C-weighted sound level.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
Any work or action necessary to deliver essential services
in an emergency situation, including, but not limited to, repairing
water, gas, electricity, telephone and sewer facilities and public
transportation, removing fallen trees on public rights-of-way, and
abating life-threatening conditions.
The sound level measured in decibels with an integrating
sound level meter and averaged on an energy basis over a specific
duration.
Sound that is determined by ordinance to be too loud or unnecessary
or creates a noise disturbance.
Geographic information system and is comparable to GPS (global
positioning system) coordinates.
The noise level exceeded for 10% of the time of the measurement
duration. This is often used to give an indication of the upper limit
of fluctuating noise, such as that from road traffic.
The noise level exceeded for 90% of the time of the measurement
duration and is commonly used to determine ambient or background noise
level.
A sound, especially one that is loud or unpleasant or that
causes disturbance. Any airborne sounds of such level and duration
as to be or tend to be injurious to human health or welfare (well-being)
or that would unreasonably interfere with activities or the enjoyment
of life or property.
A landowner who has not signed a contract or any legal document
with the WECS applicant and has not given up rights to their owned
land to the WECS applicant.
A landowner who has leased land to the WECS applicant, received
financial remuneration from the WECS applicant, recorded with the
Van Buren County Register of Deeds said agreement, and has a contract
with the WECS applicant. A participating landowner may also be called
a "WECS contract leaseholder." A participating landowner may or may
not have turbines or infrastructure located on their property.
Reference, wikipedia.org "Outline of air pollution dispersion."
Any property where there is an inherent expectation of quiet,
including, but not limited to, all residential, business, or agricultural-zoned
properties, single-family homes, and retirement homes.
A computer system that monitors and controls WECS units.
An instrument for the measurement of sound levels that meets
the ANSI requirements of S1.4-1983 (or later revision) for Type 1
or 2 instruments. For frequency analysis, octave and 1/3 octave filters
shall conform to ANSI S1.11-1986 (or later revision).
The maximum wind speed, as designated by the WECS manufacturer,
at which a WECS in unattended operation (not necessarily producing
power) is designed to survive without damage to any structural equipment
or loss of the ability to function normally.
The height of the turbine with a blade at the highest vertical
point.
The person, firm, corporation, company, limited liability
corporation or other entity, as well as the applicant's successors,
assigns and/or transferees, which applies for Township approval (permit)
to construct a WECS and WECS testing facility. An applicant must have
the legal authority to represent and bind the participating landowner,
or lessee, who will construct, own, and operate the WECS or testing
facility. The duties and obligations regarding a zoning approval for
any approved WECS or testing facility shall be with the WECS or testing
facility owner, and jointly and severally with the owner, operator,
and lessee of the WECS or testing facility if different than the WECS
owner.
A structure and equipment such as a meteorological tower
for the collection of wind data and other meteorological data and
transmission to a collection source, shall not be deemed to be a communication
tower.
(3)
Public utilities. Transmission lines, sewer lines, water mains, pumping stations, substations, poles, and related equipment owned or provided by public utility companies or by the Township shall be permitted in all zoning districts. Any equipment enclosures, substations, equipment storage buildings or similar structures shall be subject to the site plan review requirements. Any office, manufacturing, or sales buildings must be located in the Commercial or Industrial Zoning District. All communication towers or commercial wind energy conversion systems operated by public utility companies shall be subject to the requirements of Subsection L(5), Commercial wind energy conversion systems (WECS). Unless specifically noted, all WECS permit information and supporting documentation shall be allocated reasonable Township review time based on complexity and outside expertise review. Requirements shall be presented in written form and allow a minimum of 30 days before Township discussion. The Township may, at its discretion, review provided documents sooner than 30 days. Providing documents without time for the Planning Commission to review shall result in permit denial and require the WECS applicant to reapply. Each subsection herein requires approval by the Planning Commission unless otherwise noted. The Township shall review all documentation to assure that residents' health, welfare, and safety are not negatively impinged.
(4)
Exempt towers and wind energy conversion systems (WECS). Communication towers, antennas, wind energy conversion systems (windmills, turbines) and related facilities located on the premises of a farm, home, or business and which do not primarily involve the sale of electricity or communication services off the premises shall be exempt from the requirements of Subsection L(5), Commercial wind energy conversion systems (WECS). However, exempt towers and WECS are subject to the following noise regulations Code of the Township of Lawrence. Such units shall be allowed as a permitted accessory use in all zoning districts, providing the electricity or communication services are primarily used on site for a farm, home or business. In the case of a WECS, the total height with the blade fully extended (tip height) shall not exceed 130 feet, and the minimum clearance from ground level to the blade at its lowest point shall be 20 feet. The minimum setback from property lines and road right-of-way lines shall be equal to three times the tip height of the unit (WECS blade at its highest point).
(5)
Commercial wind energy conversion systems (WECS). Wind energy conversion systems and WECS testing facilities, other than those exempted under Subsection L(4), Exempt towers and wind energy conversion systems (WECS), shall only be allowed as special land uses in the A-1 Exclusive Agricultural Zoning District. Supporting data and documentation must be submitted in their entirety at time of application. The applicant shall provide to the Township updated documents throughout the lifespan of the WECS upon request by the Township Board or Planning Commission. The applicant shall also include the following:
(a)
Permitting costs. An escrow account shall be set up when the
applicant applies for a special use permit for a WECS and WECS testing
facilities. The monetary amount filed by the applicant with the Township
shall be in an amount in accordance with the Township Escrow Policy
to cover all reasonable costs and expenses associated with the special
use zoning review and approval process, which costs can include, but
are not limited to, fees of the Township Attorney, Township Planner,
and Township Engineer, as well as any reports or studies which the
Township anticipates it may have done related to the zoning review
process for the particular application. Such escrow amount shall include
regularly established fees. At any point during the zoning review
process, the Township may require that the applicant place additional
monies into the Township escrow should the existing escrow amount
filed by the applicant prove insufficient. If the escrow account needs
replenishing and the applicant refuses to do so within 14 days after
receiving notice, the zoning review and approval process shall cease
until and unless the applicant makes the required escrow deposit.
Any escrow amounts which are in excess of actual costs shall be returned
to the applicant within 90 days of permitting process completion.
An itemized billing of all expenses shall be provided to the applicant.
The Township shall hire qualified professionals for each and any of
the technical fields associated with the special use permit, such
as, but not limited to, electrical, acoustics, environment, economics,
wildlife, health, and land use.
(b)
Environmental assessment. The applicant shall fund an environmental
assessment or impact study and other relevant reports or studies (including,
but not limited to, assessing the potential impact on endangered species,
eagles, birds, and/or other wildlife) as required by the Township
for review. Studies shall be limited to the area within three miles
outside of the Township boundaries.
[1]
The applicant shall perform preconstruction ground water testing
on all wells located within the required setback distance of a proposed
turbine location. The operation of the WECS shall not negatively impact
any groundwater well or groundwater source in the vicinity of the
WECS. Complaints regarding impact of the WECS on groundwater sources
shall be promptly forwarded to the Township Board as part of the complaint
resolution process. The Township Board will consider proof of a negative
impact arising from the installation and/or operation of the WECS
on a groundwater well or source in the vicinity of the WECS as a violation
of the conditions of the special use approval.
[2]
A background (ambient) sound study shall be performed and a
report provided which indicates Leq 1 second, L10, and L90 sound levels
using A-weighting and C-weighting. Data shall be collected at midpoints
along property lines of adjoining nonparticipating and participating
landowners. Measurement procedures are to follow the most recent versions
of ANSI S12.18 and ANSI S12.9, Part 3, guidelines (with an observer
present). Measurements shall be taken using an ANSI or IEC Type 1
precision integrating sound level meter. The study must include a
minimum of a four-day (ninety-six-hour) testing period, include one
Sunday, and divide data by daytime and nighttime. The sound background
study shall report for the period of the monitoring topography, temperature,
weather patterns, sources of ambient sound, and prevailing wind direction.
(c)
Economic impact. The applicant shall fund and provide an economic
impact study for the area affected by the WECS project. Such a study
shall include probable financial impact regarding jobs, tax revenue,
lease payments and property values at a minimum and average setback
distances. Business and residential growth potential shall be considered.
(d)
Site plan. The applicant shall submit a site plan. The applicant
shall also submit a written explanation of the design characteristics
and the ability of the structure(s) and attendant facilities to withstand
winds, ice and other naturally occurring hazards, as well as information
regarding health, welfare and safety in areas including, but not limited
to, noise, vibration, shadow flicker, and blade ice deposits. This
information shall also address the potential for the WECS to structurally
fail or collapse, and what results should be expected in such an event.
Additional requirements for a WECS site plan are as follows:
[1]
Building siting. GIS locations and height of all proposed buildings,
structures, electrical lines, towers, guy wires, guy wire anchors,
security fencing, and other aboveground structures associated with
the WECS.
[2]
Nearby building siting. GIS locations and height of all adjacent
buildings, structures, and aboveground utilities located within three
times the minimum setback distance for nonparticipating landowners
where the proposed WECS and WECS testing facility will be located.
The location of all existing and proposed overhead and underground
electrical transmission or distribution lines shall be shown, whether
to be utilized or not with the WECS or testing facility, located on
the lot or parcel involved.
[3]
Access driveways. GIS location of WECS and testing facility
access driveways together with details regarding dimensions, composition,
and maintenance of the proposed driveways. The site plan shall include
traffic routes, time of the year use, staging areas, and any other
physical sites related to WECS. Construction of the access driveway
that serves a WECS or testing facility is required to protect the
public health, safety, and welfare by offering an adequate means by
which governmental agencies may readily access the site in the event
of an emergency. All such roads shall be constructed to allow access
at all times by any emergency service vehicles, such as fire, police,
and repair. Access driveways shall be no closer than 300 feet to adjacent
property unless the applicant provides documentation in the form of
a signed approval by affected participating and nonparticipating landowners.
Such approval shall be recorded with Van Buren County Register of
Deeds using only the WECS Waiver Form, Revision 1 or later.
[4]
Facility security. Security measures shall be sufficient to
prevent unauthorized trespass and to protect health, welfare, and
safety.
[5]
Maintenance program and resolution program. The applicant shall
provide to the Township a written description of the problem and failure
program to be used to resolve any WECS and WECS testing facility issues,
including procedures and schedules for removal when determined to
be obsolete or abandoned.
[6]
Site lighting. A lighting plan for each WECS and testing facility.
Such plan must describe all lighting that will be utilized and documentation
that FAA requirements are met. RADAR-activated lighting shall be utilized
if allowed by the FAA. Such a plan shall include, but is not limited
to, the planned number and location of lights, light color, activation
methods, effect on Township residents and whether any lights blink.
Due to complexity in describing lighting effects for health, welfare,
and safety, the applicant shall, if available, provide example locations
with product descriptions, where similar, or proposed, lighting solutions
are currently deployed. Lighting shall be fully shielded from ground,
be FAA-compliant, and be of most current design, to minimize lighting
blinking and brightness nuisance.
[7]
Proof of any applicable documents recorded at the Van Buren
County Register of Deeds.
[8]
If there are any changes to any site plan for a WECS or testing
facility, including any changes in road locations, road access, the
location of accessory structures, and/or the location of any turbine,
a revised site plan shall be submitted and approved prior to construction.
Any revised site plan must provide revised calculations to address
all of the items required under the original plan submission (i.e.,
setbacks, shadow flicker, noise, etc.).
[9]
Supplemental. Additional detail(s) and information as requested
by the Planning Commission.
(e)
Site insurance. The applicant shall provide proof of insurance
for each WECS at all times for at least $10,000,000 for liability,
property damage, livestock damage, and future earnings loss. The applicant
shall provide yearly proof of insurance to the Township that confirms
active coverage for the applicant, Township, participating landowners,
and nonparticipating landowners. Aggregate policies are allowed if
minimum coverage per WECS is satisfied and coverage is provided for
every site where the applicant's equipment is located.
(f)
Removal insurance (decommissioning). To ensure proper removal
of each WECS structure when it is abandoned or nonoperational, the
application shall include a proof of the financial security in effect
before the permit is approved. The security shall be licensed in the
State of Michigan and be in the form of 1) cash deposit or 2) performance
(surety) bond selected by the Planning Commission and bonded by a
top institution from the Department of the Treasury's Listing of Approved
Sureties, Department Circular 570, T-list. The duration of the security
shall be termed to the removal of each WECS as stated in this subsection.
Additionally, security is based on each WECS and is to be backed by
owner assets, operator assets, parent company assets, and leaseholder
assets approved by the Planning Commission.
[1]
The amount of each WECS security guarantee (surety) shall be
the average of at least two independent (of applicant) demolition
(removal) quotes, obtained by the Planning Commission and approved
by the Board, plus 10%. If the quantity of quotes obtained is two,
the formula shall be (quote 1 + quote2)/2 * 1.10. The security guarantee
shall be no less than $800,000 per WECS. Quotes shall be based on
individual WECS removal and shall not group multiple WECS simultaneous
removals together. Quotes shall be ordered and obtained by the Township
from established demolition companies. The demolition method shall
be approved by the Township Board. Quotes shall not include salvage
values. The security guarantee shall be updated every five years at
the rate of 1.5 times CPI (consumer price index) for each year.
[2]
Such financial guarantee shall be deposited or filed with the
Township Clerk after a special use has been approved but before construction
operations begin on the WECS project. Failure to keep such financial
security in full force and effect at all times while the structure
exists shall constitute a material and significant violation of a
special use approval and this subsection, and shall subject the applicant
to all available remedies to the Township, including enforcement action,
fines, revocation of the special use approval and WECS removal.
[3]
The applicant shall be responsible for the payment of all attorney
fees and other costs incurred by the Township in the event that the
structure is not voluntarily removed and the Township has to enforce
removal.
[4]
In the event the WECS owner, operator, parent company, or performance
bond defaults on any or all of the previously outlined decommissioning
requirements, the participating landowner upon which each WECS is
located shall be responsible and liable for the removal of each WECS.
Failure of the participating landowner to comply with the removal
and decommissioning guidelines shall result in the Township having
the WECS removed at the expense of the participating landowner. If
funding is not available to cover the costs of removal by the participating
landowner, legal action to pursue the seizure of participating landowner
property(ies) will take place to cover such costs.
(g)
Safety manual. The applicant shall provide an unredacted copy
of the manufacturer's safety manual for each model of turbine without
distribution restraints to be kept at the Township Hall and other
locations deemed necessary by the Planning Commission or local first
responders. The manual should include standard details for an industrial
site, such as materials, chemicals, fire, access, safe distances during
WECS failure, processes in emergencies, etc.
(h)
Repair policy documentation. The applicant shall provide a detailed
policy and process book for the repair, replacement, and removal of
malfunctioning, defective, worn, or noncompliant WECS. Sections of
the process book should consider any ordinance requirement or WECS
performance deficiency.
(i)
Noise. The applicant shall provide an initial sound modeling
report and a six-month post-construction report for the project with
a schedule and documentation which adhere to the following:
[1]
Chart outlining ordinance requirements and a description of
compliance or noncompliance.
[2]
Declaration of whether submitted data is modeled or measured.
[3]
Declaration of values, test methods, data sources, and similar
for all modeled or measured data.
[4]
Estimated timeline for project, including ordinance requirements
completed, construction, post-construction, and validation testing.
[5]
Applicant measured data shall be accompanied by SCADA data confirming
full power during testing. Unless otherwise requested, minimum SCADA
data format shall be grouped in twenty-four-hour periods and one-second
intervals, including wind vector, wind speed, temperature, humidity,
time of day, WECS power output, WECS amps, WECS volts, WECS nacelle
vector, WECS blade RPM, WECS blade pitch.
[6]
Permitting data may be submitted based on WECS manufacturer
data. However, measured data from active and similar WECS facilities
shall be simultaneously submitted.
[7]
It is acknowledged that WECS units sustain wear over time. The
applicant is to submit data from existing and similar WECS installations
showing aged sound measurements (to demonstrate compliance potential
over the life of WECS) in accordance with this subsection for five-,
ten-, and fifteen-year-old units.
[8]
Modeling factors shall be set for the worst-case environment,
such as high humidity, frozen ground (nonporous), atmospheric variances
(atmospheric profile Pasquill Stability Class E or F preferred), elevated
noise source and no ground cover. Use of modeling methods (standards)
shall have deficiencies (limitations) fully disclosed and shall include
known error margins. Nondisclosure of modeling method deficiencies
shall require resubmission of the SUP in its entirety with complete
modeling deficiencies disclosed.
(6)
Commercial wind energy conversion systems (WECS): Standards and Requirements.
The WECS project shall meet the following standards and requirements:
(a)
Setback. The minimum setback from any property line of a nonparticipating
landowner or any road right-of-way shall be no less than four times
tip height of the WECS or WECS testing facility unless the applicant
provides documentation in the form of a signed approval by affected
participating and nonparticipating landowners waiving these requirements.
Documents in full shall be recorded using only the WECS Waiver Form,
Revision 1 or later, with the Van Buren County Register of Deeds.
For WECS, use the turbine pole center line as the WECS measuring point.
(b)
Ground clearance. The minimum clearance from ground level to
the blade at its lowest point shall be 100 feet.
(c)
Applicant compliance. The WECS and related equipment shall comply
with any and all state, federal, county and Township requirements.
(d)
Blade clearance. Blade arcs created by a WECS shall have a minimum
of 100 feet of clearance over and from any structure.
(e)
Braking. Each WECS shall be equipped with a braking, or equivalent,
device capable of stopping the WECS operation in high winds with or
without SCADA control. Braking systems shall be effective during complete
GRID power failure where WECS are unable to communicate with SCADA
control or receive power.
(f)
Signage. Each WECS and testing facility shall have one sign per turbine, or tower, located at the roadside and one sign attached to base of each WECS, easily visible throughout four seasons. Signs shall be at least two square feet in area. Signs shall be the same and shall uniquely identify each WECS. Signage shall comply with Article XI, Signs, Nameplates, and Advertising Structures. Additional signage on and around the tower is recommended. The sign shall contain at least the following:
[1]
Warning of high voltage.
[2]
Participating landowner's name, WECS owner's name, and operator's
name.
[3]
Emergency telephone numbers and web address. (List more than
one number.)
[4]
If the WECS uses fencing, place signs on the perimeter fence
at fence entrance door.
[5]
Unique identification, such as address of the WECS. If more
than one WECS is on an access drive, units shall have further identification
such that first responders can positively identify them. An identification
example is "321 Ruger Rd, Caro, MI Unit A."
(g)
Communication interference. Each WECS and testing facility shall
be designed, constructed and operated so as not to cause radio and
television or other communication interference. In the event that
verified interference is experienced and confirmed by a licensed engineer,
the applicant must produce confirmation that said interference had
been resolved to residents' satisfaction within 90 days of receipt
of the complaint. Any such complaints shall follow the process stated
in the complaint resolution section.[4]
(h)
Infrastructure wiring.
[1]
All electrical connection systems and lines from the WECS to
the electrical grid connection shall be located and maintained underground.
Burial depth shall be at a depth that causes no known environmental,
land use, or safety issues. Depth shall be a minimum of six feet below
grade, be deeper than drain tile and be in compliance with NEC 2014
or newer code standards. All utility lines shall be staked in the
field, so as to provide notice to property owners as to the location
of utilities, including installing a marker at four feet below grade
to identify the utility line location.
[2]
The Planning Commission may waive the burial requirement and
allow aboveground structures in limited circumstances, such as geography
precludes, or a demonstrated benefit to the Township. The waiver shall
not be granted solely on cost savings to the applicant. Requests for
variation shall consider aesthetics, future use of land, and effect
on nearby landowners.
(i)
Road damage. The applicant shall post a financial security in
the form of a surety bond from a surety company that is listed as
an acceptable surety on Federal Surety Bonds in Circular 570 of the
U.S. Department of Treasury, or letter of credit from, or an escrow
account established in, a financial institution licensed in the State
of Michigan for the cost of repairs of county roads within the Township,
in an amount of $1,250,000. The amount and standards for road repair
work shall be determined by a third-party road inspector appointed
by mutual agreement of the Township, applicant and Van Buren County
Road Commission. The bond shall only be released (in whole or in part)
when the Township Board, in consultation with the Van Buren County
Road Commission and said third-party inspector, determines that all
required road work has been completed and approved by the road inspector
in consultation with the Van Buren County Road Commission and/or MDOT.
The Township may consult with the third-party road inspector to verify
the proposed bond amount of $1,250,000. If the third-party inspector
determines that the amount needed for road repairs and upgrades is
higher, the applicant will post a financial security in the amount
determined by the third-party inspector. All road repairs must be
complete within 90 days of project completion, or maintenance completion,
but shall not exceed 365 days from project commencement or maintenance
completion.
(j)
Road use agreement. The applicant shall provide and execute
a road use agreement with the Township and shall file a copy of such
agreement with the Township Clerk before construction of any accessory
road and/or road improvements. The road use agreement is subject to
review and approval of the Township attorney. The applicant shall
provide a written status report annually to the Township Board as
to the ongoing scope of road work and shall also provide written notice
to the Township Board when all required road work has been completed.
The Township may require the renewal of the bond for road work to
cover costs of road work to be completed in the future.
(k)
Liability insurance. The current WECS owner and operator shall
insure for liability for the WECS without interruption until removed
and comply with the site insurance section[5] to protect the current WECS owner and operator, Township
and property owner.
(l)
Coating and color. A WECS shall be painted a nonobtrusive (light
environmental color such as beige, gray or off-white) color that is
nonreflective. The wind turbine base and blades shall be of a color
consistent with all other turbines in the area. No striping of color
or advertisement shall be visible on the blades or tower.
(m)
Strobe effect. Under no circumstances shall a WECS or testing
facility produce shadow flicker, or strobe effect, on properties without
a signed release from affected participating and nonparticipating
landowners. Documents in full shall be recorded with the Van Buren
County Register of Deeds. Each wind turbine shall also use a shadow
flicker mitigation system, including but not limited to the Vestas
Shadow Detection System, or other similar system.
(n)
Ice detection. The applicant shall install an ice mitigation
system on each turbine, including but not limited to the system developed
by Vestas, or other similar system, to monitor ice formation on each
wind turbine (WECS) and to facilitate immediate shutdown of any wind
turbine if ice is detected on the turbine.
(o)
Fire suppression. The applicant shall provide and install on
a WECS a fire suppression system, including but not limited to Firetrace
or other similar system, and ensure that such system is operable at
all times.
(p)
Voltage. The applicant shall demonstrate that the WECS prohibits
stray voltage, surge voltage, and power from entering the ground,
and shall correct any voltage issued that is caused by the WECS.
(q)
Protection of adjoining property. In addition to the other requirements
and standards contained in this section, the Planning Commission shall
not approve any WECS or testing facility unless it finds that the
WECS or testing facility will not pose a safety hazard or unreasonable
risk of harm to the occupants of any adjoining properties or area
wildlife.
(r)
Removal and site renovation. A condition of every approval shall
be adequate provision for the removal of the structure in its entirety
whenever it ceases to actively produce power for 180 days or more.
The Planning Commission can grant an extension of an additional 180
days upon the WECS owner demonstrating that the structure will be
put back into use. Removal shall include the proper receipt of a demolition
permit from the Building Official and proper restoration of the site
to original condition. Removal of the structure, wiring, and its accessory
use facilities shall include removing the caisson and all other components
in their entirety. Restoration must be completed within 365 days of
nonoperation. The Planning Commission can grant an extension of 180
days upon the WECS owner demonstrating that an extension is necessary.
[1]
Participating landowners may waive complete underground wiring
removal if they can demonstrate that any and all remaining underground
wiring will not negatively affect the environment, such as, but not
limited to, water quality, natural water flow, or area wildlife. Participating
landowners shall execute a waiver and record same in full with Van
Buren County Register of Deeds waiving these requirements.
(s)
WECS height. The maximum tip height of any WECS or WECS testing
facility shall not exceed 500 feet.
(t)
Avian protection. Each wind turbine shall have a bird/bat sensor
installed and utilized upon it.
(u)
Post-construction studies. The applicant shall prepare a post-construction
avian and wildlife study one year post-construction, as well as five
years post-construction, of the completion of a WECS, which shall
comply with the requirements of the U.S. Fish and Wildlife Service
and the Michigan Department of Natural Resources. A copy of the study
shall be provided to the Township Board.
(v)
Post-construction documents. The applicant shall provide a complete
set of as-built drawings for electrical structures, collection lines
and surface markings to the Township Clerk within six months of completing
work on the WECS.
(w)
Operations training. The applicant shall provide training for
the Lawrence Township Fire Department and all fire departments that
provide mutual aid to Lawrence Township before beginning operations
of the utility grid wind energy system and shall likewise provide
regular training at least annually thereafter. The applicant shall
report annually to the Township Board as to the status of the training
of the Township Fire Department, in addition to reporting annually
to the Township Board of any incidents that required response by the
Fire Department (or any fire departments responding via mutual aid)
to the WECS.
(x)
Operational, maintenance, and issue resolution. Each WECS and
testing facility must be kept and maintained in good repair and condition
at all times. If a WECS is not maintained in operational and reasonable
condition or poses a potential safety hazard, the applicant shall
take expeditious action to correct the situation, including WECS removal.
The applicant shall keep a maintenance log on each WECS and must provide
a complete log to the Township within 30 days of request.
(y)
Complaint resolution. A complaint resolution process shall be
established by the Township. The form shall include, but not be limited
to:
[1]
Receiving and forwarding of complaints. A third-party answering
switchboard, website or equivalent, paid for by the applicant or WECS
or testing facility owner. The cost to maintain and support shall
be funded in the amount of $10,000 and be replenished at least every
five years by the applicant or WECS owner. The Planning Commission
shall select a complaint resolution process that is independent of
the facility operator or owner and that reports to the Township first
and operator second. Upon receiving a complaint, the Township shall
forward said complaint to the WECS owner.
[2]
Investigation of complaints. The Township shall initiate an
investigation into a complaint within 60 days utilizing escrow funds
to hire the appropriate expert(s).
[3]
Hearing of complaints. The Township Board shall set a public
hearing date within 60 days of completion of investigation of complaints
where experts, residents and/or the applicant may present information
before the Township Board. Notice of hearing shall be via certified
mail.
[4]
Decision of complaints. The Township Board shall issue a decision
and corrective actions within 45 days from hearing of complaints.
(z)
The applicant shall be required as a condition of approval to
fund an escrow account for investigation of complaints for, but not
limited to, shadow flicker, stray voltage, noise, and signal interference
to the amount of $15,000, to be used at the discretion of the Lawrence
Township Board. When escrow account balance is below $5,000, the Township
shall notify the applicant, and the applicant shall replenish the
account in the amount of $15,000 within 45 days.
(aa)
Regulation of WECS commercial and industrial noise. To preserve
quality of life, peace, and tranquility, and protect the natural quiet
of the environment, this subsection establishes the acoustic baseline,
background sound levels for project design purposes and limits the
maximum noise level emissions for commercial and industrial developments.
Residents shall be protected from exposure to noise emitted from commercial
and industrial development by regulating said noise.
(bb)
The Township Board reserves the right to require the WECS applicant
to shut down any WECS unit that does not meet ordinance requirements
until such WECS unit meets ordinance requirements or is removed.
(cc)
Complaints. If the Township Board confirms and issues a corrective
action, SCADA data from WECS within two miles of issue shall be required
and delivered to the Township within 20 days of notification. The
SCADA data format shall be determined by the Township, Township licensed
engineers, or Township professional acousticians. Unless otherwise
requested, minimum SCADA data format shall be grouped in twenty-four-hour
periods and one-second intervals, including wind vector, wind speed,
temperature, humidity, time of day, WECS power output, WECS amps,
WECS volts, WECS nacelle vector, WECS blade RPM, and WECS blade pitch.
Fees for providing SCADA data are not to exceed $100 per request.
Residents shall have the right to also request SCADA data in at least
the minimum format at the cost of $200 per WECS per time period requested.
Common SCADA formats shall include meteorological and performance
data such as, but not limited to, temperature, humidity, power output,
RPM, wind velocity, wind direction, and nacelle vector. Data format
shall be determined by Township, such as CSV or XLXS.
(dd)
Noise.
[1]
No WECS shall generate or permit to be generated audible noise
from commercial or industrial permitted facilities that exceeds 39
dBA or 49 dBC (dBC to dBA ratio of 10 dB per ANSI standard S12.9,
Part 4, Annex D) during the night, 9:00 p.m. to 8:00 a.m., for any
duration, at a property line or any point within a nonparticipating
property, unless the applicant provides documentation in the form
of a signed agreement by the participating and nonparticipating landowner
waiving these requirements. Said documents in full shall be recorded
with the Van Buren County Register of Deeds waiving these requirements.
Documents in full shall be recorded with the Van Buren County Register
of Deeds.
[2]
No WECS shall generate or permit to be generated plainly audible
noise from commercial or industrial permitted facilities that exceeds
45 dBA or 55 dBC during the day, 8:00 a.m. to 9:00 p.m., for any duration,
at a property line or at any point within a nonparticipating property,
unless the applicant provides documentation in the form of a signed
agreement by the participating and nonparticipating landowner waiving
these requirements. Said documents in full shall be recorded with
the Van Buren County Register of Deeds waiving these requirements.
Documents in full shall be recorded with the Van Buren County Register
of Deeds.
[3]
No WECS shall generate or permit to be generated from commercial
or industrial permitted facilities any acoustic, vibratory, or barometric
oscillations in the frequency range of 0.1 to 1 Hz that is detectable
at any time and for any duration by confirmed human sensation or exceeds
a sound pressure level from 0.1 to 20 Hz of 50 dB (unweighted) re
20uPA or exceeds an RMS acceleration level of 50 dB (unweighted) re
1 micro-g by instrumentation at a nonparticipating landowner's property
line or at any point within a nonparticipating landowner's property.
[4]
No WECS shall generate or permit to be generated from commercial
or industrial permitted facilities any vibration in the low-frequency
range of 0.1 to 20 Hz, including the 1 Hz, 2 Hz, 4 Hz, 8 Hz, and 16
Hz octave bands, that is perceivable by human sensation or exceeds
an rms acceleration level of 50 dB (unweighted) re 1 micro-g at any
time and for any duration either due to impulsive or periodic excitation
of structure or any other mechanism at a nonparticipating landowner's
property line or at any point within a nonparticipating landowner's
property.
[5]
A tonal noise condition generated from commercial or industrial
permitted facilities shall be assessed an upward noise penalty of
5 dBA (example: 42 dBA increased to 47 dBA) for assessment to the
nighttime and daytime noise limits.
[6]
A noise level measurement made in accordance with methods in
the noise measurement and compliance section[6] that is higher than 39 dBA or 49 dBC during the nighttime
hours or 45 dBA or 55 dBC during the daytime hours, adjusted for the
penalty assessed for a tonal noise condition, shall constitute prima
facie evidence of a nuisance.
[7]
An acoustic, vibratory or barometric measurement documenting
oscillations associated with commercial or industrial permitted facilities
with levels exceeding the limits herein shall constitute prima facie
evidence of a nuisance.
[8]
All commercial and industrial activity shall comply with limits
and restrictions anywhere at any time on another property unless the
applicant provides documentation in the form of a signed approval
by affected participating and nonparticipating landowners. Documents
in full shall be recorded with the Van Buren County Register of Deeds
waiving these requirements. Documents in full shall be recorded with
the Van Buren County Register of Deeds.
[9]
Leq 1-sec shall be used for all measurements and modeling.
(ee)
Lawrence Township and its representatives shall have the authority
to inspect the WECS (any of the wind turbines, the roads and/or accessory
structures) upon reasonable notice of at least 24 hours to the applicant.
The applicant may require that a representative of the applicant accompany
the Township and/or its representatives on any inspection.
(ff)
The applicant shall enter a host agreement with Lawrence Township
regarding taxation.
(7)
Noise measurement and compliance.
(a)
Post-construction validation and compliance testing shall include
a variety of ground and hub height wind speeds, at low (between six
and nine mph), medium (between nine and 22 mph) and high (greater
than 22 mph). SCADA data shall be provided in the format determined
by the Township, Township licensed engineers, or Township professional
acousticians. Compliance noise measurements are the financial responsibility
of the WECS owner of the facility and shall be independently performed
by a qualified professional acoustician approved by the Planning Commission
when directed by the Lawrence Township Board or their designated agent.
Compliance noise measurements shall not exceed the stipulated noise
limits and shall assess for and apply tonal noise penalties when warranted.
(b)
Quality. Measurements shall be attended. All noise measurements
shall (must) exclude contributions from wind on microphone, tree/leaf
rustle, flowing water, and natural sounds such as tree frogs and insects.
The latter two can be excluded by calculating the dBA noise level
by excluding octave band measurements above the 1,000 Hz band as in
ANSIS12.100 3.11. The ANS-weighted sound level is obtained by eliminating
values for octave bands above 1,000 Hz, or 1/3 octave bands above
1,250 Hz, and A-weighting and summing the remaining lower frequency
bands. The wind velocity at the sound measurement microphone shall
not exceed three m/s (seven mph, maximum) during measurements. A seven-inch
or larger diameter windscreen shall be used. Instrumentation shall
have an overall internal noise floor that is at least 5 dB lower than
what is being measured. During testing of elevated sources, including,
but not limited to, wind turbines, the atmospheric profile shall be
Pasquill Stability Class E or F preferred, Class D as alternate.
(c)
Noise level. Noise measurements shall be conducted consistent
with ANSI S12.18 Procedures for Outdoor Measurement of Sound Pressure
Level and ANSI S12.9, Part 3 (Quantities and Procedures for Description
and Measurement of Environmental Sound - Part 3: Short-term Measurements
with an Observer Present), using Type 1 meter, A-weighting, fast response.
(d)
Tonal noise. Tonal noise shall be assessed using unweighted
(linear) 1/3 octave band noise measurements with time-series, level-versus-time
data acquisition. A measurement shall constitute prima facie evidence
of a tonal noise condition if at any time (single sample or time interval)
the noise spectrum of the noise source under investigation shows a
1/3 octave band exceeding the average of the two adjacent bands for
by 15 dB in low 1/3 octave bands (10 to 125 Hz), 8 dB in middle-frequency
bands (160 to 400 Hz), or 5 dB in high-frequency bands (500 to 10,000
Hz).
(e)
Sample metric and rate. Noise level measurements for essentially
continuous non-time-varying noise sources shall be acquired using
the Leq (fast) metric at a sample rate of one per second. For fluctuating
or modulating noise sources, including, but not limited to, wind turbines,
a ten-per-second sample rate or faster shall be used. These sample
rates shall apply to dBA, dBC and unweighted 1/3 octave band measurements.
(f)
Reporting. Measurements of time-varying dBA and dBC noise levels
and 1/3 octave band levels shall be reported with time-series level-versus-time
graphs and tables. Graphs shall show the sound levels graphed as level-versus-time
over a period of time sufficient to characterize the noise signature
of the noise source being measured. For one-per-second sampling, a
five-minute-or-longer graph shall be produced. For ten-per-second
sampling, a thirty-second-or-longer graph shall be produced. Reporting
shall identify, and graphs shall be clearly notated, identifying what
was heard and when the noise source is dominating the measurement.
Reporting shall furnish all noise data and information on weather
conditions and Pasquill Class occurring during testing.
(8)
Compliance.
(a)
All applicable requirements of the Township's ordinances must
be met in their entirety, as well as all other applicable laws, ordinances,
and rules of the federal, state, county, and Township governments.
Any subsequent development or change on the property shall comply
with all requirements of the Township's ordinances or other ordinances
and regulations in effect at that time. Noncompliance with ordinance
requirements during the SUP process shall result in denial or revocation
of the permit.
(b)
Noncompliance with post-construction ordinance requirements
shall result in fines (minimum $250/day), permit denial, and WECS
decommissioning.
(c)
Nuisance compliance complaints shall be resolved after the complaint
resolution process[7] is completed. The applicant shall provide a resolution
plan within 30 days and resolve complaints within 90 days. A WECS
may be shut down during resolution time to extend resolution time
to 180 days.
(d)
For non-nuisance compliance, and upon formal notice from the
Township or resident to the WECS permit holder, the WECS permit holder
shall respond within 30 days with a resolution plan, and up to 180
days to resolve a compliance breach. Failure to resolve any compliance
breach shall result in permit loss. Unless otherwise stated, the applicant
shall provide in advance and comply with ordinance requirements prior
to the Township granting the permit. Special permits shall not be
allowed.
(e)
In addition to any other remedies or complaint resolution procedures set forth in this subsection, any violation shall also constitute a municipal civil infraction in accordance with Chapter 25. Each day on which any violation of this subsection continues shall constitute a separate offense. The Township may bring an action for an injunction to restrain, prevent or abate any violation of this subsection.
(f)
Upon change of ownership, operator or parent company, the Township
shall receive from the new owner, operator or parent company notification
and updated documents within 30 days, including, but not limited to,
legal proof of change, corporate legal contact, security bond updates,
emergency contact, and local contact.