[Amended 10-12-2020 by Ord. No. 271; 6-29-2021 by Ord. No. 273]
A.
To qualify as an accessory use, the use shall:
(1)
Be clearly incidental and subordinate to, and customarily and
commonly associated with, the operation of the principal use.
(2)
Be operated and maintained under the same ownership as the principal
use.
(3)
Be operated and maintained on the same lot as the principal
use or on a contiguous lot.
(4)
Not include structures or structural features inconsistent with
the principal use.
B.
Nonresidential accessory buildings and structures, when authorized as permitted or special land uses, shall comply with all applicable setback, height, and lot coverage requirements set forth in Article 6.00 or elsewhere in this chapter.
C.
Agricultural accessory buildings and structures are not subject to the requirements of § 42-8.01 Subsection D. However, agricultural accessory buildings shall comply with setback requirements set forth in Article 6.00. At the time of permitting, the applicant shall demonstrate that the sole use of an agricultural accessory building or structure is intended to support a commercial agricultural operation.
D.
Except as otherwise provided in this chapter, a residential accessory
building, including a private garage, shall be subject to the following:
(2)
There is no limit on the number of residential accessory buildings
on a lot or parcel. The total combined floor space of the accessory
building(s) shall not exceed the following limits:
|
Lot or Parcel Size
|
Total Combined Floor Space
(square feet)
|
Maximum Building Height
|
|---|---|---|
|
0 to 19,999 square feet
|
1,200
|
18 feet
|
|
20,000 square feet to 1 acre
|
1,440
|
18 feet
|
|
1.01 acres to 2.99 acres
|
2,304
|
22 feet
|
|
3.00 acres to 4.99 acres
|
3,200
|
23 feet and four inches
|
|
5.00 acres to 9.99 acres
|
4,000
|
26 feet and eight inches
|
|
10.00 acres or more
|
5,000
|
26 feet and eight inches
|
(3)
A lot or parcel shall not be reduced to a size or configuration
that would result in nonconforming accessory building square footage
or setback violations.
E.
The Planning Commission may approve modifications to the size, location,
height, and lot coverage requirements through the special land use
process in accordance with the following requirements and standards:
(1)
Setbacks shall not be reduced less than six feet from property
lines.
(2)
The accessory building shall not be used for any purpose/use
other than as approved by the Planning Commission.
(3)
The accessory building as approved by the Planning Commission
shall not be eligible for any variance relief from the Zoning Board
of Appeals from any size, location, height, and/or lot coverage requirement
approved by the Planning Commission.
(4)
An accessory building for which special land use approval is required under this subsection shall also be subject to site plan review pursuant to § 42-11.02. The special land use permit application shall be accompanied by a site plan of the subject property containing the following information:
(a)
The date, North arrow, and scale.
(b)
The location and dimensions of all property lines and all existing
and proposed building setbacks.
(c)
The location, dimensions, and height of all existing and proposed
buildings/structures on the subject property and any existing buildings
on adjacent property within 100 feet of the subject property.
(d)
The location and dimensions of all existing and proposed driveways.
(e)
The location and width of the pavement and right-of-way of all
abutting roadways.
(f)
The location of existing and proposed utilities.
(g)
A statement setting forth the purpose for which the proposed
accessory building will be used.
(5)
When reviewing accessory building modifications, the following
factors shall be considered:
(a)
The intended use of the accessory building(s) is authorized
within the applicable zoning district.
(b)
The size, type of construction, and general architectural character
of the residential accessory building(s) are compatible with buildings
in the vicinity.
(c)
The resulting increase of size and scale of the residential
accessory building(s) does not result in a visible impact that is
overly obtrusive to neighboring residents.
(d)
Proposed setbacks from lot lines and separation from dwellings
on the adjacent properties are appropriate based on the size and scale
of the proposed accessory building(s).
(e)
If the property is intended to be divided in the future, the
location of the residential accessory building(s) does not impact
the ability to divide the land in a compliant manner while maintaining
required setbacks from the building(s).
(f)
The increase in residential accessory building square footage
does not result in adverse stormwater runoff impact and degradation
of sensitive natural resources.
F.
An otherwise permissible residential accessory building is allowable as a special land use on an otherwise vacant lot, or on a lot having only another accessory building(s), to be used for permissible residential purposes, subject to the provisions of this chapter pertaining to special land uses, and the additional related requirements set forth in Subsections B and C.
[Added 10-12-2020 by Ord. No. 271]
A.
ATTACHED ADU
DETACHED ADU
INTERNAL ADU
An accessory dwelling unit (ADU) is a secondary housing unit that
occupies the same structure or lot as the principal single-family
dwelling.
An ADU that shares at least one wall with the principal single-family
dwelling, generally having a separate entrance and sharing no internal
connections with the main dwelling.
An ADU developed as a detached building, or developed within
a legal, conforming detached accessory building (such as a garage
or carriage house).
 |
An ADU that is fully integrated into the existing structure
of the principal single-family dwelling (most often located in a finished
basement or attic).
B.
Regulations and conditions.
(1)
Except as otherwise provided in this section, an ADU is allowed
only on a lawful conforming lot that is occupied by a lawful single-family
dwelling. An ADU is not allowed on a lot that is occupied by living
quarters on a farm for the owner's immediate family or for farm
employees, a guest house, or a residential facility licensed by the
state pursuant to Public Act 218 of 1979, as amended or Public Act
116 of 1973, as amended.
(2)
Only one ADU is allowed per lot.
(3)
An ADU shall not be sold separately from the principal single-family
dwelling on the lot.
(4)
The total floor area of the ADU shall not exceed the area of
the existing first floor of the principal single-family dwelling on
the lot. An ADU located on a second floor shall not exceed the area
of the first floor of the building. An interior stair floor area shall
not count toward the floor area calculation of the ADU.
(5)
The building height restrictions of the zoning district shall
apply, except that the ADU shall not exceed the height of the principal
single-family dwelling on the lot.
(6)
The building setbacks of the zoning district shall apply.
(7)
Detached ADUs shall be located closer to the principal single-family
dwelling on the lot than to the principal dwelling on an adjacent
lot.
(8)
Detached ADUs shall not be located within the front yard. Corner
lots are considered to have a front yard along each street frontage.
(9)
An otherwise permissible ADU is allowable as a special land
use where the ADU: Is located on a lawful nonconforming lot; Is located
within an accessory building (detached ADU) that is authorized per
Section 8.01 on an otherwise vacant lot that is within 250 feet of
the lot occupied by the principal single-family dwelling; and/or Does
not comply with applicable floor area, height, and or location requirements,
subject to the provisions of this section pertaining to special land
uses, and the additional requirements of this section. Where an ADU
is authorized to be located on an otherwise vacant lot, the associated
lot occupied by the principal single-family dwelling and the vacant
lot shall be considered as a single lot in the application of the
provisions of this section. The associated lot occupied by the principal
single-family dwelling and the vacant lot shall be treated as separate
lots in the application of lot coverage, setback and yard area requirements.
(10)
The ADU shall be compatible in general exterior appearance to
the principal single-family dwelling on the lot in terms of building
materials, colors and landscaping.
(11)
The ADU shall be served by the same driveway that serves the
principal single-family dwelling on the lot, unless the ADU is located
on an otherwise vacant lot.
(12)
An ADU shall be provided a minimum of one parking space, in
addition to the two parking spaces required for the principal single-family
dwelling on the lot. The ADU parking space(s) may be provided as tandem
or stacked parking on an existing driveway.
(13)
The ADU shall be served by approved water and sewer facilities.
(14)
The ADU shall meet all applicable requirements of the locally
adopted building code and fire code, including adequate emergency
access.
(15)
Either the principal single-family dwelling or the ADU shall
be owner-occupied.
(16)
Leasing or rental of the ADU for less than 30 days is prohibited.
(17)
A deed restriction that runs with the land must be filed with
the Register of Deeds that incorporates the following restrictions:
(18)
Prior to the issuance of a building permit for an ADU, the Township
Zoning Administrator shall determine that the proposed ADU meets the
standards of this section. The following information shall be submitted
for review:
(a)
A site plan showing the location of the proposed ADU, lot identification
(address and property number), size of lot, dimension of lot lines,
existing improvements on the lot, location of structures on adjacent
lots, abutting streets, driveways, and parking areas.
(b)
Sufficient architectural drawings or photographs to show building
exteriors.
(c)
Interior floor plans showing the floor area of the proposed
ADU, accessory building, and/or principal single-family dwelling.
(d)
The recorded deed restriction required by § 42-8.01.1B(17).
(e)
Any additional information deemed necessary by the Township
for review.
(19)
The approval of an ADU shall expire within one year after the
date of such approval unless a building permit has been issued and
construction has commenced.
(20)
The building permit and any other form of approval issued for
an ADU shall be subject to revocation by the Township upon a finding
by the Township or its lawfully authorized designee, that there is
in fact noncompliance with the conditions and requirements contained
in this Section.
A.
Regulations and conditions.
(1)
The establishment shall be the principal dwelling unit on the
property and shall be owner-occupied at all times.
(2)
The rooms utilized for sleeping shall be a part of the primary
residential use and not specifically constructed for rental purposes;
provided, however, that carriage houses in existence as of the effective
date of this section, and located on the same parcel as a bed-and-breakfast
inn may be utilized for sleeping rooms, in accordance with this section.
(3)
The rental sleeping rooms shall have a minimum size of 120 square
feet for one or two occupants with an additional 30 square feet for
each occupant to a maximum of four occupants per room.
(4)
There shall be no separate kitchen facilities in the guest room
or available to guests.
(5)
Two off-street parking spaces for use by the owner and one parking
space per rental sleeping room shall be provided.
(6)
The bed-and-breakfast inn shall not alter the residential character
of the building or structure nor the essential character of the area
in terms of traffic generation or appearance.
(7)
The permit holder shall secure and maintain all required state
and local permits.
A.
Regulations and conditions.
(1)
The establishment shall be the principal dwelling unit on the
property and shall be owner-occupied at all times.
(2)
The rooms utilized for sleeping shall be a part of the primary
residential use and not specifically constructed for rental purposes;
provided, however, that accessory dwellings in existence as of the
effective date of this section, and located on the same parcel as
a boardinghouse, may be utilized for sleeping rooms, in accordance
with this section.
(3)
There shall be no separate cooking facilities in the guest rooms.
(4)
One bathroom per two guest bedrooms shall be provided.
(5)
Two off-street parking spaces for use by the owner and one parking
space per rental sleeping room shall be provided.
(6)
The boardinghouse shall not alter the residential character
of the building or structure nor the essential character of the area
in terms of traffic generation or appearance.
(7)
The permit holder shall secure and maintain all required state
and local permits.
A.
Regulations and conditions.
(2)
A license from the Michigan Department of Environmental Quality
is required to operate a campground.
(3)
Commercial uses designed and intended to serve primarily the convenience or recreational needs of the campground tenants shall be allowed. No commercial use in a campground may be located abutting a public street bordering the campground. Off-street parking for commercial uses in the campground shall be provided in accordance with the parking standards set forth in § 42-9.12.
(4)
Screening shall be established between any campground improvements
and an adjacent premises used or zoned for residential purposes.
(5)
Campsites, common use areas, roadways and permanent buildings
in the campground shall be so situated and designed as to minimize
any adverse effects therefrom to owners and occupants of adjacent
properties.
A.
Regulations and conditions. For each parent parcel, as defined by
the Michigan Land Division Act, the number of lots permitted by Section
108 of the Michigan Land Division Act, Michigan Public Act 288 of
1967,[1] may be created, provided where a landowner chooses to
develop lots under this provision, all of the following requirements
shall be met:
(1)
The lots shall be subject to the lot, yard and area requirements set forth in Article 6.00, with the exception of lot area, lot width, and lot frontage requirements.
(2)
The lots shall be contiguous.
(3)
An area equal to or greater than the lots being created shall
be set aside as permanent open space. These open spaces may be easements
located on each of the lots or a single easement.
(4)
The open space shall be used for agricultural, conservation
or recreational.
(5)
The open space shall be set aside through an irrevocable conveyance
such as: recorded deed restrictions, covenants that run perpetually
with the land, or conservation easements. The conveyance shall assure
that the open space will be protected from all forms of development
except as permitted under this provision.
(6)
Further division of the open space for use other than agricultural,
conservation, or recreational, except for easements for utilities
and driveways, shall be strictly prohibited.
(7)
The open space shall be maintained by parties who have an ownership
interest in the open space. Maintenance responsibilities shall be
specified in a deed restriction.
(8)
A survey and legal description of the open space, as well as
deed restrictions establishing the maintenance responsibilities of
the open space, shall be provided with the land division application.
(9)
Public water and sanitary sewer services shall be required where
reasonably available. Where such services are not reasonably available,
lots shall meet Van Buren County Health Department requirements for
private well and sanitation systems.
(10)
Any new utility lines to serve the lots shall be installed underground.
(11)
All lots shall have access limited to a shared residential driveway
or a private road. A shared residential driveway may serve a maximum
of two lots. A private road may serve a maximum of four lots.
[1]
Editor's Note: See MCL § 560.101 et seq.
A.
Regulations and conditions.
(1)
Each child-care facility shall be duly licensed or registered
by the State of Michigan Department of Social Services (DSS) continuously
and for all times it is operating as a child-care facility. Any child-care
facility whose license or certificate of registration by the State
of Michigan is no longer valid and/or which has been revoked or denied
or refused by the DSS shall immediately lose its status and authorization
to continue to operate.
(2)
Buildings and lots used for child-care facilities shall conform
to all state, DSS, and local requirements, rules, and standards.
(3)
Each child-care facility shall provide, equip, and maintain
on the premises the minimum square feet of indoor floor space and
outdoor play area as required by the DSS. An applicant for a group
child-care home or child-care center or day-care center shall submit
to the Planning Commission sufficient information and documentation
regarding the maximum number of children allowed and the amount of
indoor floor space and outdoor play area required by the DSS for the
proposed child-care facility prior to obtaining a special land use
permit or site plan approval to operate within the Township.
(4)
The lot occupied by any child-care facility shall have a fence
which shall be not less than four feet but not more than six feet
in height and which shall completely enclose the outdoor area where
the minor children play or congregate, except that interior fences
within a mobile home park shall not exceed 36 inches in height. However,
the provisions of this subsection shall not apply to family child-care
homes.
(5)
A group child-care home licensed or registered under Michigan
Public Act 116 of 1973[1] shall be issued a special land use permit if the group
child-care home meets the following standards:
(b)
A group child-care home shall be located not closer than 1,500
feet to any of the following:
[1]
Another licensed group child-care home; or
[2]
Another adult foster care small group home or large group home
licensed under the Adult Foster Care Facility Licensing Act, Michigan
Public Act 218 of 1979, being Sections 400.701 to 400.737 of the Michigan
Compiled Law; or
[3]
A facility offering substance abuse treatment and rehabilitation
service to seven or more people licensed under Article 6 of the Public
Health Code, Michigan Public Act 698 of 1978, being Sections 333.6101
to 333.6523 of the Michigan Compiled Laws; or
[4]
A community correction center, resident home, halfway house,
or other similar facility which houses an inmate population under
the jurisdiction of the Department of Corrections.
(c)
The property containing a group child-care home shall be maintained
in a manner which is consistent with the visible characteristics of
the neighborhood.
(d)
The operation of a group child-care home shall not exceed 16
hours of operation during a twenty-four-hour period.
(e)
A group child-care home operator shall provide one off-street
parking space for each employee. These parking spaces shall be in
addition to the off-street parking facilities serving the residents
of the home. These off-street parking spaces shall be located on the
lot in such a manner as to provide unblocked automobile access from
the street to the required residential off-street parking facilities.
(f)
The subsequent establishment of any of the facilities listed in Subsection A(5)(b)[1] to [4] of this section within 1,500 feet of the licensed or registered group child-care home will not affect any subsequent special land use permit renewal, pertaining to the group child-care home.
(h)
An applicant for a group child-care home shall submit to the
Planning Commission a to-scale rendering which shows the dimensions
of the zoning lot, setbacks of all structures on the lot, the proposed
location of the fencing, the proposed parking arrangement, and any
other features relevant to the application for special land use approval.
[1]
Editor's Note: Editor's Note: See MCL § 722.111
et seq.
[Amended 11-13-2020 by Ord. No. 272]
A.
Regulations and conditions.
(1)
A medical and/or recreational marihuana facility may be authorized
to operate within the Township by the holder of a state operating
license, pursuant to the Medical Marihuana Facilities Licensing Act
(MMFLA), Act 281 of 2016, as amended,[1] and/or the Michigan Regulation and Taxation of Marihuana
Act (MRTMA), Initiated Law 1 of 2018, as amended,[2] as well as the state rules promulgated under the respective
statutes, if in compliance with all state and local law.
(2)
No medical and/or recreational marihuana facility shall be located
within 500 feet of any school, public park/playground, public library,
church or medical facility with the minimum distance between uses
measured between the facility and the nearest property line of the
school, public park/playground, public library, church or medical
facility.
(3)
Outdoor trash containers or dumpsters may be required 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.
(4)
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 § 42-9.13.
(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)
Environmental. 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. Demonstration
of compliance with the security measures required by state law shall
be required.
(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.
(h)
All cultivation, growing, harvesting, and storage of marihuana
must occur inside a building. Outdoor growing is prohibited. Further,
open-air buildings are prohibited, and all buildings and structures
must remain closed aside from normal access, loading, or delivery
operations.
(5)
Existing or approved nonconforming medical and/or recreational
marihuana grower facilities in the AGR and ARR zoning districts are
subject to the following:
(a)
Existing nonconforming medical and/or recreational marihuana
grower facilities may continue to operate in the AGR and ARR zoning
districts as nonconforming uses.
(b)
Medical and/or recreational marihuana grower facilities that
have not yet been established, but have secured special land use approval,
may be established if constructed within the timeframe authorized
by the Zoning Ordinance. Once established, facilities may continue
to operate in the AGR and ARR zoning districts as nonconforming uses.
(c)
Notwithstanding the nonconforming use restrictions of § 42-10.03A(1), the expansion of nonconforming medical and/or recreational marihuana grower facilities may be approved through the special land use process. However, expansion is limited to the building square footage necessary to maximize the number of marihuana plants authorized by a valid Township recreational marihuana establishment license and/or a Township medical marihuana facility license.
(6)
Annual review. A facility shall be subject to an annual review
by the Planning Commission to confirm compliance with the special
land use permit and the provisions of this chapter.
A.
Earth removal, quarrying, gravel processing, mining and related commercial
mineral extraction businesses shall be recognized as a special land
use and controlled by the guidelines thereof. Control of such activities
shall be the responsibility of the Planning Commission but shall only
be permitted as a special land use in all zoning districts. Before
a special land use permit shall be granted for this activity, the
Planning Commission shall be satisfied that the following conditions
and limitations are, or shall be, strictly complied with, in addition
to any other requirements contained in this chapter or in any other
Township ordinance controlling such operations.
B.
Location.
(1)
All such operations shall be located on a primary road, as defined
by the Van Buren County Road Commission, for ingress and egress thereto,
or on a road which does not create traffic through an area developed
primarily for residential purposes.
(2)
Sufficient setbacks shall be provided from all property lines
and public highways to assure adequate lateral support for adjacent
public and private property. No such excavation operation shall be
permitted closer than 150 feet to interior boundary lines of the property
or such larger setback as may be required by the Planning Commission
to adequately protect adjoining properties. However, if the adjoining
property is also used for such mining and excavation operation, then
the Planning Commission may reduce or eliminate the required setback
from that interior boundary line. In addition, such setback may be
temporarily reduced to 50 feet if reclamation of the land is promptly
effected to increase the setback to at least 150 feet in accordance
with the reclamation plan approved by the Commission and adequate
lateral support as set forth is at all times maintained.
(3)
No such excavation operation shall be permitted within 50 feet
of adjoining public rights-of-way except for the lowering of land
adjoining said rights-of-way to the grade level of said rights-of-way.
Such excavation businesses shall at no time be permitted where adequate
lateral support for the maintenance of adjoining lands is not maintained.
(4)
The permanent processing plant and its accessory structures
shall not be located closer than 100 feet from the interior property
lines and adjoining public rights-of-way and shall, where practicable,
be located at a lower level than the surrounding terrain to lessen
visual and noise impact. In addition, the foregoing shall apply to
the digging or excavating apparatus and to the stockpiling or loading
of materials and to the location of transportation equipment.
(5)
No such excavation operation shall be located within 100 feet
of the banks of any stream or waterway unless previously approved,
in writing, by the Michigan Water Resources Commission, or such other
state commission having jurisdiction thereof. No such mining operations
shall interfere with the natural established flow of surface waters
to the detriment or damage of adjoining public or private properties.
C.
Screening. Screening shall be provided along all boundaries of the
site which lack natural screening conditions through existing contours
or evergreen growth.
D.
Nuisance abatement.
(1)
Noise and vibration shall be minimized in their effect upon
adjacent property by the use of modern equipment designed to accomplish
such minimization and by proper use of berms, walls, and natural planting
screens. All equipment shall be maintained and operated in such a
manner so as to eliminate, as far as practicable, excessive noise
and vibrations which are not necessary in the operation of such equipment.
(2)
Air pollution in the form of dust and dirt shall also be kept
to a minimum by the use of modern equipment and methods of operation
designed to avoid any excessive dust or dirt or other air pollution
injurious or substantially annoying to adjoining property owners.
Interior and adjoining roads used in the operations shall have their
surface treated to minimize any such nuisance.
(3)
The operation shall be restricted to the hours of 7:00 a.m.
until 7:00 p.m. The Planning Commission may permit operations beyond
these time periods if the nature of the operation requires longer
hours and the effect upon adjacent properties is minimized to an acceptable
level appropriate for such extended hours of operation.
(4)
All dangerous excavations, pits, or pond areas shall be fenced
and posted with signs around the perimeter thereof and maintained
to prevent injury to children or others, and shall be eliminated as
expeditiously as possible.
E.
Reclamation of mined areas.
(1)
Reclamation and rehabilitation of mined areas shall be accomplished
as soon as practicable following the mining or excavation of an area.
Rehabilitation and reclamation shall be commenced immediately upon
the termination of the mining or excavation operations in any area
consisting of one acre or more. Substantial completion of reclamation
and rehabilitation shall be effected within one year after termination
of mining or excavation activity. Inactivity for a twelve-month consecutive
period shall constitute, for this purpose, termination of mining activity.
(2)
The following standards shall control reclamation and rehabilitation:
(a)
All excavation shall be either to a water-producing depth of
not less than five feet below the average summer groundwater table
in the excavation, or shall be graded or backfilled with nonhazardous,
nonflammable, and noncombustible solids to ensure:
[1]
That the excavated area shall not collect stagnant water and
not permit the same to remain therein; or
[2]
That the surface of such area which is not permanently submerged
is graded or backfilled as necessary to produce a gently rolling surface
that will minimize wind and water erosion, and which will be generally
compatible with the adjoining land area.
(b)
The banks of all excavations shall be sloped to the waterline
in a water-producing excavation at a slope which shall not be steeper
than one foot vertical to four feet horizontal, and to the pit floor
in a dry operation at a slope which shall not be steeper than one
foot vertical and three feet horizontal.
(c)
Topsoil of a quality equal to that occurring naturally in the
area shall be replaced on excavated areas not covered by water, except
where streets, beaches, or other planned improvements are to be completed
within a one-year period. Where used, topsoil shall be applied to
a minimum depth of four inches to support vegetation.
(d)
Vegetation shall be restored by the appropriate seeding of grasses
or the planting of trees and shrubs to establish a permanent vegetation
cover on the land surface and to minimize erosion.
(e)
Upon cessation of mining operations by abandonment or other-wise,
the operating company, within a reasonable period of time not to exceed
12 months thereafter, shall remove all plant structures, foundations,
buildings, stockpiles and equipment, provided that buildings and structures
which have a function under the reclamation plan and which can be
lawfully used under the requirements of the zoning district in which
they will be located under such plan may be retained.
(3)
A performance bond, cash, or bank letter of credit shall be
furnished to the Township Clerk insuring the proper rehabilitation
and reclamation of the mined and excavated areas prior to the commencement
of any such mining or excavating operations. The amount of the guarantee
shall be not less than $3,000 per acre proposed to be mined or excavated
in the following twelve-month period and which has previously been
mined or excavated during any preceding period and not reclaimed and
rehabilitated in accordance with this chapter and the applicant's
filed plan. Mined areas resulting in a water depth of five feet of
more shall be deemed to be reclaimed areas to within 15 feet of any
vertical shoreline thereof and to the extent of the shoreline where
the same has been sloped to a grade of not more than one foot vertical
to four feet horizontal, for the purpose of this financial guarantee.
Such financial guarantee shall be reviewed annually on or about the
anniversary date of the excavation permit for adjustment and compliance
with the foregoing requirements by the Zoning Inspector of the Township
and the Planning Commission. In no event shall such financial guarantee
be less than $3,000 in amount.
F.
Submission of operational and reclamation plans.
(1)
No earth removal, quarrying, gravel processing, mining and related
commercial mineral extraction businesses shall be allowed or commenced
until a plan has been submitted to the Planning Commission disclosing
compliance with all of the provisions of the within ordinance or the
manner in which compliance will be secured by the applicant. Such
plans shall include, among other things, the following:
(a)
A contour map of the tract of land involved in the operations,
including dimensions of the same, access to abutting public streets,
and whether or not the same are "all-weather" roads, additional roads,
if any, to be constructed, and the location and nature of abutting
improvements on adjoining property.
(b)
The number of acres and the location of the same proposed to
be operated upon within the following twelve-month period after commencement
of operations.
(c)
The type of mining or processing proposed to be conducted and
the nature of the equipment to be used.
(d)
The location of the principal processing plant and the distance
of any proposed excavation or mining from the boundaries of the site.
(e)
In the event excavation or activities are to be conducted closer
than 150 feet from the boundaries of the site, soil borings shall
be made on the perimeter of the excavation site in sufficient number
to disclose whether conditions exist satisfactory for lateral support
of adjacent premises as determined by the Township Engineer. The written
consent of the Planning Commission shall be required if mining operations
shall be closer than specified in this chapter to the boundaries of
the site. Such written consent shall only be granted if the Planning
Commission determines, in its absolute discretion, that the requested
operation will not have a material adverse impact upon adjacent properties.
Such written consent may be made subject to such reasonable conditions
and limitations, as the Planning Commission deems appropriate.
(f)
A map of plan disclosing the final grades and elevations to
be established following the completion of the mining operations,
including the proposed uses then contemplated for the land, future
lakes and roads and such other matters as may evidence the bona fide
nature of the reclamation and rehabilitation plans and the fact that
the land will not be devastated and rendered unusable by the proposed
mining activities.
G.
Hearing.
(1)
After receiving an application for a grant of a special land use permit for an earth removal, quarrying, gravel processing, mining, or related commercial mineral extraction business accompanied by the required plans and specifications and permit fees, the Planning Commission shall hold a public hearing upon such application in the same manner as set forth in Article 7.00 pertaining to special land uses.
(2)
The extraction, by mining, of valuable natural resources from
any property shall not be prevented unless very serious consequences
would result from the extraction of those natural resources.
(a)
Natural resources shall be considered valuable for the purposes
of this section if a person, by extracting the natural resources,
can receive revenue and reasonably expect to operate at a profit.
(b)
The applicant shall have the initial burden of showing that
there are valuable natural resources located on the relevant property,
that there is a need for the natural resources (by the applicant or
in the market served by the applicant), and that no very serious consequences
would result from the extraction, by mining, of the natural resources.
(c)
In determining under this section whether very serious consequences
would result from the extraction, by mining, of natural resources,
the standards set forth in Silva v Ada Township, 416 Mich 153 (1982),
shall be applied and all of the following factors may be considered,
if applicable:
[1]
The relationship of extraction and associated activities with
existing land uses.
[2]
The impact on existing land uses in the vicinity of the property.
[3]
The impact on property values in the vicinity of the property
and along the proposed hauling route serving the property, based on
credible evidence.
[4]
The impact on pedestrian and traffic safety in the vicinity
of the property and along the proposed hauling route serving the property.
[5]
The impact on other identifiable health, safety, and welfare
interests in the local unit of government.
[6]
The overall public interest in the extraction of the specific
natural resources on the property.
(d)
The Township may apply reasonable regulation of hours of operation,
blasting hours, noise levels, dust control measures, and traffic,
not preempted by Part 632 of Michigan Public Act 451, 1994 (Natural
Resources and Environmental Protection Act[1]). Such regulation shall be reasonable in accommodating
customary mining operations.
[1]
Editor's Note: See MCL § 324.101 et seq.
H.
Liability insurance.
(1)
Except as otherwise provided herein, all parties receiving a
special land use permit hereunder shall be required to carry personal
injury and property damage insurance while unreclaimed or unrehabilitated
area exists, in the amount of not less than $1,000,000 for each person
or property injured or damaged and not less than $4,000,000 for injury
or damage to more than one person or one person's property arising
out of one occurrence. Such insurance shall cover injury or damage
occurring upon the site of the operations as well as upon other properties
as a result of conditions or activities existing upon the site.
(2)
The Planning Commission shall have the authority to increase
this minimum liability insurance requirement at the time of granting
the special land use permit if the Planning Commission determines,
in its sole reasonable discretion, that, because of unusual characteristics
concerning the nature or location of the proposed operation, additional
minimum liability insurance is necessary to adequately protect persons
and property on or near the site of the operation. Similarly, the
Planning Commission shall have authority to grant a partial waiver
reducing the dollar amount of the insurance coverage required hereunder
if the Planning Commission determines, in its sole reasonable discretion,
that based upon the specific nature of the proposed operation, the
property upon which it is located and/or the nature of the surrounding
area, insurance coverage in such lesser dollar amount would adequately
protect persons and property on or near the site of the operation.
(3)
A copy of the insurance policy shall be filed with the Township
Clerk prior to commencing a special land use approved hereunder. The
deductible written into the insurance policy shall not exceed 5% of
the per-incident limit of the liability of the policy. The coverage
obtained by the owner/operator to fulfill the requirements of this
section shall include the provision that the insurer shall notify
the Township Clerk in writing at least 30 days before lapse or cancellation
of the insurance for any reason.
A.
Regulations and conditions.
(1)
Sales of farm products or commodities that have been processed/converted
into a value-added product are allowed. Such farm products or commodities
shall meet State of Michigan guidelines for "cottage food" items.
(2)
A parking area equivalent to one parking space per 25 square
feet of the farm market area is required. Parking areas are not subject
to paving requirements but shall be clearly marked and provide adequate
turnaround area outside of the road right-of-way.
A.
Regulations and conditions.
(1)
Ingress to and egress from the premises shall be adequate to
ensure the orderly flow of traffic onto and off of the premises and
to ensure access for ambulance, fire equipment, and other emergency
vehicles.
(2)
Off-street parking shall be in accordance with the provisions of § 42-9.12 and sufficient to accommodate peak periods of use.
(3)
Rubbish disposal shall be handled in such a manner as will avoid
any littering upon adjoining properties.
(4)
Adequate public restrooms and other sanitary facilities shall
be provided and properly maintained; commensurate with the anticipated
peak attendance at the particular activity involved.
(5)
Security arrangements shall be made, including the hiring of
any necessary security personnel, as are necessary and sufficient
to provide for the adequate security and protection of the persons
attending the outdoor activity and for the preservation of order and
protection of property in and around the site of the outdoor activity.
A.
Regulations and conditions.
(1)
Foster care facilities serving more than six residents shall
not be considered a single-family dwelling.
(2)
Foster care facilities shall, as a condition of special land
use approval, at all times maintain all valid state and local licenses.
(3)
A foster care facility shall not be located within 1,500 feet
of any other foster care facility.
(5)
All off-street parking shall be in accordance with § 42-9.12 and shall satisfy peak parking needs.
(6)
A landscape buffer shall be provided along all property lines
that abut a less intense land use and around the perimeters of all
parking areas visible from adjacent properties or streets.
(7)
The foster care facility shall maintain the property consistent
with the visible characteristics of the surrounding area.
A.
Regulations and conditions.
A.
Regulations and conditions.
(1)
The kennel shall be operated in conformance with all applicable
county and state laws and regulations.
(2)
The kennel shall be located on property with a lot area of at
least five contiguous acres for a kennel with a capacity for up to
10 dogs, and an additional one acre for each three additional dog
capacity, up to a limit of 25 dogs.
(3)
The facilities and activities of a kennel that is not fully
enclosed and/or that has any outside animal runs shall be located
at least 500 feet from all boundary lines of any residential zoning
district, and at least 500 feet from all lot lines of any property
upon which a dwelling is situated.
(a)
The facilities and activities of a fully enclosed kennel, without
any outside animal runs, shall be located at least 100 feet from all
boundary lines of any residential zoning district, and at least 100
feet from all lot lines of any property upon which a dwelling is situated.
(4)
A kennel intending to offer any outside dog exercise opportunities
shall enclose the area intended to be used for such purposes with
fencing at least six feet in height, and otherwise sufficient to preclude
dogs from straying beyond the exercise area.
(5)
A kennel with an approved outside dog exercise area, but without
any outside animal runs, shall not allow dogs outside except in the
approved exercise area, for reasonable periods of time, and shall
be operated in such a manner as to not allow more than four dogs in
the exercise area at the same time.
(6)
Outside animal runs and/or outside dog exercise areas shall
be sufficiently monitored such that any dog(s) engaging in repetitive
barking shall be promptly brought inside.
(7)
The kennel shall have waste disposal systems adequate to handle
all animal waste generated by the facility at its maximum capacity.
(8)
The kennel shall be designed, constructed, operated and maintained
in such a manner as to at all times provide humane, clean, dry, and
sanitary conditions for each animal kept on the premises, including
sufficient square footage for each animal, in accordance with applicable
state laws and regulations, and the recommendations of the American
Kennel Association.
(9)
A kennel that is not fully enclosed and/or that has any outside
animal runs shall not create noise, odor, or other objectionable characteristics
incident to the operation of the facility that is discernible beyond
the boundaries of the property upon which the facility is located.
A fully enclosed kennel (including a facility with an approved outside
exercise area) shall not create noise, odor, or other objectionable
characteristics incident to the operation of the facility that is
discernible beyond the boundaries of the property upon which the facility
is located at a level beyond what is reasonable and customary in residential
areas where dogs reside with residents.
(10)
A kennel may be located on the same lot as a single-family dwelling
owned by the owner and/or operator of the kennel; provided that in
such circumstances the nature and character of all buildings and facilities
used for kennel purposes shall be aesthetically compatible with the
dwelling use of the premises and with the principal uses of all adjoining
properties.
(11)
Sufficient off-street parking shall be provided upon the premises
upon which the kennel is operated to accommodate all potential customers
and employees, and to prevent any traffic congestion as a result of
the kennel. The off-street parking area shall, at a minimum, be gravel
surfaced. The Planning Commission may require the off-street parking
area to be hard-surfaced with asphalt or concrete pavement, if the
parking area is located such that fugitive dust from an unpaved parking
area will migrate off site and be detrimental to the uses and occupants
of adjoining property, or to the public health, safety and welfare,
generally.
(12)
The Planning Commission may require a vegetative buffer to be
installed and maintained around the perimeter of some or all of the
kennel facilities for visual screening and/or noise abatement purposes,
and/or to diminish off-site distractions to any dog(s) that may be
in any permissible exercise area or other permissible outside area.
The Planning Commission may determine whether to impose such requirements
and/or the extent of such requirements as a condition of approval
of the special land use permit and/or as a condition of approval of
a subsequent site plan for the facility.
A.
Occupations engaged in upon a residential premises by the resident
or residents of the same and which do not materially impair the rural
character of the general area and which also comply with the following
conditions and regulations.
B.
Conditions and regulations.
(1)
The home occupation conducted upon the premises is clearly incidental
and subordinate to the principal use of the premises for residential
purposes.
(2)
The home occupation shall be conducted within the dwelling,
attached garage or in a detached accessory building located on the
same premises as the dwelling. The term "premises" as used in this
section shall include adjoining parcels under common ownership and
occupancy. This term shall also include parcels under common ownership
and occupancy that would be contiguous to one another except for an
intervening public or private right-of-way.
(3)
No occupation conducted upon the premises shall occupy an area
greater than 25% of the combined floor area of the dwelling and any
open porch, attached garage and detached accessory building(s).
(4)
The home occupation must be owned and operated by a person or
persons residing on the premises. However, the Planning Commission
shall have the authority to permit additional assistants who do not
so reside within such dwelling where the same would not materially
impair the rural character of the general area or cause traffic congestion
or parking problems.
(5)
No home occupation shall be conducted upon or from the premises
which would constitute a nuisance or annoyance to adjoining residents
by reason of noise, smoke, odor, electrical disturbance, traffic,
parking, or lighting.
(6)
There shall be no alteration in the rural character of the premises
in connection with such home occupation.
(7)
All articles or material used in connection with the home occupation
shall be stored in an enclosed building.
(8)
No article or service shall be sold or offered for sale on the
premises except as is produced on the premises by the home occupation
or is clearly incidental and directly related to the principal activity
constituting the home occupation.
(9)
The home occupation special land use permit may be revoked by
the Planning Commission for noncompliance with this chapter and/or
the terms and conditions of the special land use permit. Any such
revocation shall be preceded by not less than seven days' written
notice by first class mail to the occupant of the subject property
of the proposed revocation, the reasons therefor, and the date, time,
and place of the hearing at which the Planning Commission will consider
such revocation.
(10)
The home occupation shall be permitted only after the issuance
of a special land use permit as provided in this chapter. A home occupation
shall not be allowed if the Planning Commission determines that the
home occupation would alter or change the rural/residential character
of the area.
(11)
A sketch plan containing the following information shall accompany
any application for a special land use permit for a home occupation:
(a)
North arrow and accurate scale;
(b)
Area of subject parcel;
(c)
Location of all existing and proposed structures on the subject
site;
(d)
Identification of all structures intended to be used in connection
with the home occupation;
(e)
Setbacks of all structures from property lines;
(f)
Access, parking, loading, and proposed on-site circulation;
and
(g)
Location and separation distances of structures on adjacent
properties.
A.
Regulations and conditions.
(1)
This section is intended to promote local agricultural production
by allowing the construction of microbrewery, winery, cidery and distillery
production facilities, along with associated tasting rooms and retail
sale of related products.
(2)
This section is intended to encourage the growing of crops and
production as an integral component of the rural and agricultural
ambiance of Paw Paw Township and to maintain the viability of farming
in Paw Paw Township by allowing valued added processing and direct
sales of beverages.
(3)
If required by law, a microbrewery, winery, cidery or distillery
must be licensed by the applicable federal, state and/or local agency
and shall provide proof of such licensing (or pending application)
with the special land use application. All required licensing must
be kept current by the licensee. The facility shall comply with the
requirements of said license at all times.
(4)
Microbreweries, wineries, cideries and distilleries may also
include ancillary services such as tasting rooms, associated food
service and sale of associated retail products. Any ancillary services
must obtain all appropriate licenses as required by the federal, state
and/or local agencies and provide proof of such licenses (or pending
application) with the special land use application. All required licensing
must be kept current by the licensee. The facility shall comply with
the requirements of said license at all times.
(5)
All production activities shall take place within a fully enclosed
building.
(6)
All buildings and structures used for microbrewery, winery,
cidery or distillery purposes must meet minimum required setbacks
in the applicable zoning district. However, in order to encourage
the use and/or reuse of existing structures, the Planning Commission
may consider reduction of setback requirements, upon site plan review
and a finding that such reduction in the required setback will not
be injurious to the public health, safety and welfare and will not
cause negative impacts on surrounding properties or public areas (including
roads and road rights-of-way).
A.
Regulations and conditions.
(1)
The development site shall be at least two acres in size.
(2)
All outdoor storage areas shall be fenced and screened from
view from adjoining roadways and residentially used and/or zoned properties.
(3)
All outdoor storage areas shall be provided with a smooth and
dust-free surface.
(4)
All parking, maneuvering, and drive aisles around and adjacent
to mini/self storage buildings shall be at least 28 feet in width,
except that end aisles shall be at least 40 feet in width.
[Amended 2-13-2023 by Ord. No. 283]
A.
Home occupations shall be permitted only after the issuance of a
zoning compliance permit by the Zoning Administrator as provided in
this chapter.
B.
Home occupations, as regulated by this section, shall include professional
business and personal service on a small scale including, but not
limited to: insurance agencies, beauty shops, barber shops, income
tax services, repair shops, arts and crafts, real estate, photographic
studio, music teaching, small appliance and electrical motor repair,
professional office, and consulting services. Other similar uses may
be permitted as home occupations, subject to the provisions of this
section.
C.
Regulations and conditions.
(1)
The home occupation shall be conducted entirely within the dwelling.
(2)
No home occupation conducted within the dwelling shall occupy
an area greater than 25% of the total floor area of the dwelling exclusive
of any open porch, attached garage, or similar space not suited for
or intended to be occupied as living quarters. In no event, however,
may a home occupation occupy an area greater than 300 square feet.
(3)
The home occupation must be owned and conducted by a person
or persons residing in the dwelling on the premises.
(4)
No occupation shall be conducted upon or from the premises which
would constitute a nuisance or annoyance to adjoining residents by
reason of noise, smoke, odor, electrical disturbance, traffic, parking,
or lighting.
(5)
There shall be no alteration in the residential character of
the premises in connection with such home occupation.
(6)
There shall be no external evidence of said home occupation,
such as window displays, other than the small nameplate sign as specified
herein.
(7)
No article or service shall be sold or offered for sale on the
premises except as is produced on the premises by the home occupation
or is clearly incidental and directly related to the principal activity
constituting the home occupation.
D.
The zoning compliance permit for the home occupation may be revoked
by order of the Planning Commission for noncompliance with this chapter
and/or the terms and conditions of the zoning compliance permit. Any
such revocation shall be preceded by not less than seven days' written
notice by first class mail to the occupant of the subject property
of the proposed revocation, the possible reasons therefor, and the
date, time and place of the hearing at which the Planning Commission
will consider such revocation.
A.
Regulations and conditions.
(1)
Adequate security outdoor lighting shall be provided upon the
premises to illuminate any outdoor goods, merchandise or activities
located thereon.
(2)
Outdoor display or parking of sales items and equipment shall
be maintained on a dust-free surface.
(3)
The size and location of such outdoor sales businesses shall
not be such as to unreasonably interrupt or impede pedestrian or vehicular
travel by customers or patrons of adjoining commercial businesses.
(4)
Vehicle service activities shall occur within a completely enclosed
building.
(5)
Partially dismantled vehicles, damaged vehicles, new and used
parts, and discarded parts shall be stored within a completely enclosed
building.
A.
Regulations and conditions.
(1)
A minimum of two access streets connecting said development
to a public street shall be provided. The Planning Commission may
waive this requirement upon a finding that due to the particular characteristics
of the proposed development, a second access street would not improve
traffic safety.
(2)
Adequate frontage shall be provided to accommodate any ingress/egress
design requirements.
(3)
The minimum allowable distance between buildings shall be 50
feet.
(5)
Buildings shall not contain more than eight dwelling units and
shall not contain more than four units if located within 150 feet
of a single-family residential district. No more than four units shall
be allowed on the first-floor level.
(6)
Multiple-family developments shall not exceed eight dwelling
units per acre.
(7)
Each dwelling unit containing more than two bedrooms shall be provided an additional parking space for each additional bedroom. All off-street parking shall be in accordance with § 42-9.12.
(8)
An outdoor recreation area equivalent to 500 square feet per
dwelling unit shall be provided. "Recreation area" is defined for
the purposes of this chapter as that area specifically set aside for
outdoor leisure activities.
(9)
A multiple-family development containing 40 or more dwelling
units shall provide a minimum of 800 square feet of indoor recreation
area at a single location. An additional 100 square feet of indoor
recreation area shall be provided for every eight additional dwelling
units. Any one indoor recreation area shall be a minimum of 800 square
feet.
(10)
All utility lines shall be placed underground.
A.
Regulations and conditions.
(1)
Lot area, lot width, and any other dimensional requirement of
the zoning district shall be complied with; provided that no item
or items displayed outdoors shall be greater than 35 feet in height.
(3)
The Planning Commission may establish, as a condition of approval,
hours of operation for the open air business.
(4)
The Planning Commission may establish, as a condition of approval, buffering mechanisms, including, but not limited to, evergreen landscaping, berms, and fencing; and such conditions may be in addition to the screening standards of § 42-9.17 to mitigate the visual impact of an open air business.
(5)
The Planning Commission may make reasonable inquiries of the
applicant, including, but not limited to, what types of items will
be for sale. Certain items, as determined by the Planning Commission,
may be restricted for display to rear or side yards and with adequate
screening or fencing.
(6)
Unless specifically approved by the Planning Commission, the
use of amplifiers, banners, and other attention gathering devices
shall be prohibited.
(7)
The outdoor sales/display area shall be paved, or otherwise
provided with a dust-free surface. The site plan shall include measures
satisfactory to the Planning Commission to contain blowing dust, trash
and debris on the site.
A.
Purpose.
(1)
The purpose of this section is to offer an alternative to traditional
subdivisions through the use of open space preservation development
opportunities, as authorized by Section 506 of the Michigan Public
Act 110 of 2006,[1] as amended, for the purpose of:
(a)
Assuring permanent preservation of substantial open space and
other natural resources;
(b)
Allowing innovation and greater flexibility in the design of
residential developments;
(c)
Facilitating construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
(d)
Providing for site development that maintains a low visual impact,
particularly along roadways and abutting properties;
(e)
Encouraging a less sprawling form of development, thus preserving
open space, natural features, and wildlife habitat areas consistent
with the Township's rural character; and
(f)
Ensuring compatibility of design and use between neighboring
properties.
[1]
Editor's Note: See MCL § 125.3506.
(2)
These regulations are intended to result in a development substantially
consistent with these chapter requirements, generally, yet allowing
for specific modifications from the general requirements. These regulations
are not intended as a device for ignoring the Township's zoning requirements
or the planning concepts upon which this chapter has been based.
 |
B.
Scope.
(1)
An "open space preservation development" is defined as a residential
development where the protection of substantial open space is the
primary site development consideration, and the clustering or grouping
of dwelling units and/or sites upon a small portion of the property
is a fundamental feature.
(2)
An open space preservation development shall be permitted within
the "CSV," "AGR," "ARR," "LDR," "WFR" and "VE" Zoning Districts, subject
to the following requirements and standards.
C.
Open space requirements.
(1)
A minimum of 50% of the gross contiguous land area of the open
space preservation development shall be designated as "open space."
(2)
All significant/sensitive environmental resources (steep slopes,
wetlands, woodlands, prime agricultural soils, scenic features, etc.)
should be considered for inclusion within the designated open space.
(3)
The following land areas within the boundaries of the open space
preservation development shall not be included as designated open
space:
(a)
Land devoted to a residential lot or unit, accessory use, vehicle access, parking, and/or approved land improvement [other than those land improvements specifically referenced in the definition of "undeveloped state" in Subsection C(4) below];
(b)
Public street right-of-way, or right-of-way deeded to the Township;
and
(c)
Private street easements.
(4)
Designated open space shall remain perpetually in an undeveloped
state. "Undeveloped state" shall be defined as a natural state preserving
natural resources, natural features, or scenic or wooded conditions;
agricultural use; open space; or a similar use or condition. Land
in an undeveloped state does not include a golf course but may include
a recreational trail, picnic area, children's play area, greenway,
or linear park.
(5)
Designated open space shall, except for open space used for
agriculture, consist of contiguous land area and be easily accessible
to all residents of the open space preservation development through
open space segments between clusters, visual and pedestrian linkages
and proximity to such open spaces. Open space design should consider
adjacent properties for the purpose of linking open spaces and creating
connected open space and wildlife corridors.
(6)
Division (by platting, site condominium-izing or otherwise)
of the designated open space is prohibited.
(7)
Designated open space shall be under common ownership or control,
such that there is a single person or entity having proprietary responsibility.
Sufficient documentation of ownership or control in the form of agreements,
contracts, covenants, and/or deed restrictions shall be provided.
(9)
Such conveyance shall assure that the open space will be protected
from all forms of development, except as shown on the approved site
plan, and shall never be changed to another use. Such conveyance shall
also:
(10)
Failure of the party(ies) having an ownership interest in the designated open space to maintain the open space in accordance with the standards set forth in the terms of conveyance described in Subsection C(8) shall constitute a violation of this chapter and subject the violator(s) to all sanctions, including injunctive relief, provided for under this chapter.
D.
General development requirements.
(1)
An open space preservation development shall be limited to single- and two-family residential dwelling units, provided that the total number of dwelling units does not exceed the density for the open space preservation development permitted by Subsection D(2).
(2)
The total number of dwelling units allowable within an open
space preservation development shall not exceed the density allowed
by the applicable requirements of the underlying residential zoning
district. The number of residential lots allowable within an open
space preservation development shall be determined in the following
manner:
(a)
A parallel design for the project consistent with the state
and Township requirements and design criteria for a tentative preliminary
plat shall be presented to the Planning Commission for review.
(b)
The design shall be reviewed to determine the number of lots
that could be feasibly constructed following the adopted plat requirements.
(c)
The number of lots determined by the Planning Commission in
this review shall be the maximum number of residential sites allowable
for the open space preservation development.
(3)
Minimum lot area and width requirements shall not apply within
an open space preservation development. All other zoning ordinance
dimensional requirements for the underlying zoning district shall
apply, unless specifically modified by the Planning Commission.
(a)
The Planning Commission is authorized to approve specific modifications from the dimensional requirements set forth in this chapter. Any dimensional modification shall be approved through a finding by the Planning Commission that the modification meets the purpose of the open space preservation development set forth in Subsection A. Such a dimensional modification is not subject to variance approval or further relief by the Zoning Board of Appeals.
(4)
Residential sites shall be designed to accommodate adequate
sewage disposal facilities where public sewer is not required.
(5)
Residential sites shall be confined to cluster areas established
within the open space preservation development.
(6)
Cluster area design standards:
(a)
A range of approximately five to 10 sites per cluster area,
arranged in a small, cohesive neighborhood, shall be considered a
desirable design feature, as opposed to a linear arrangement.
(b)
Cluster areas should provide access to accommodate vehicles,
utilities, and commonly owned facilities, as well as a linkage to
the project open space system.
(c)
Cluster areas should be visually and physically separated from
one another and off-site roadways by open space buffers.
(d)
Cluster areas should be integrated into the site without causing
significant impacts on neighboring properties.
(e)
Cluster areas should be designed to be compatible with the surrounding
community character.
(f)
The use of single-loaded streets (houses on only one side),
especially alongside open space, around community common areas, and
to create foreground meadows along the public road that serves the
development, should be incorporated into cluster area designs to avoid
a traditional suburban subdivision appearance.
(7)
Visual screening of dwellings from off-site street networks
and open space preservation development boundaries shall be accomplished
through the siting of residences, maximizing existing screens, and
providing new natural screens and/or open space buffers where appropriate.
(8)
The proposed open space preservation development shall be under
common ownership or control while being constructed, such that there
is a single person or entity having proprietary responsibility for
the full completion of the project. Sufficient documentation of ownership
or control, that indicates the proposed development will be completed
in its entirety, shall be submitted with the application for approval.
E.
Design standards.
(1)
Interior street system. The open space preservation development
shall be serviced by an interior street system; dwelling units shall
not front on or gain direct access from an off-site road network.
Interior streets may be public and/or private subject to Township
approval.
(a)
Public streets shall be constructed to the standards of and
dedicated to the Van Buren County Road Commission.
(b)
Where adjoining areas are not subdivided, the arrangement of
streets within the proposed open space preservation development shall
be required to be extended to the boundary line of the project to
make provision for the future projection of streets into adjoining
areas.
(c)
When an interior street will serve as a connecting link between
different landownerships or different public roads, either currently
or within the future, it shall be constructed as a public road in
the Van Buren County road system or, if approved by the Township,
it may be a private road located upon a sixty-six-foot public right-of-way/easement
granted to the Township for public ingress and egress.
(d)
If approved as a private road, the Township shall have no obligation
or liability for the private road or maintenance thereof by virtue
of the right-of-way/easement.
(e)
Where space permits, culs-de-sac should be designed with a central
island where vegetation shall be preserved/established.
(f)
Street systems should be designed so that their curvature or
alignment produces "terminal vistas" of open space elements, such
as water features, meadows, or playing fields. This may commonly occur
at the terminus of street intersections or through the use of single-loaded
streets.
(g)
Street systems shall be designed to accommodate required emergency
vehicle access and circulation.
(2)
Access. Access to the open space preservation development shall
be designed consistent with the rural, natural character of the area.
(3)
Utilities.
(a)
Public water and/or sanitary sewer services shall be required
where reasonably available.
(b)
Where such services are not reasonably available, private sewer
facilities may be permitted subject to the review and regulation of
the Michigan Department of Environmental Quality and/or the Van Buren
County Health Department and the approval of the Township.
(c)
All utility lines and installations capable of being placed
underground, including telephone, electric and cable television, shall
be placed underground.
(4)
Stormwater management. Stormwater management systems and drainage
facilities shall be designed so as to:
(a)
Protect the natural environment, including wetlands, water bodies,
watercourses, floodplains, groundwater and soils;
(b)
Retain the natural retention and storage capacity of any wetland,
water body, or watercourse, and not increase flooding or the possibility
of polluting surface water or groundwater, on-site or off-site; and
(c)
Incorporate and/or use natural drainage systems existing on
the site.
(5)
Streetlighting. Streetlighting shall be designed and arranged
so as to avoid light spillover onto adjacent premises and so that
any light source is shielded or directed so that the light intensity
or brightness will not be reasonably objectionable to surrounding
areas.
(6)
Natural features. The development shall be designed to promote
the preservation of natural features.
F.
Review criteria. In considering an application for approval of an open space preservation development, the Planning Commission shall make its determination on the basis of the site plan review criteria set forth in § 42-11.02 and the following standards and criteria:
(1)
The overall design and land uses proposed in connection with
an open space preservation development shall be consistent with the
intent of the open space preservation development concept and the
specific open space/general development/design standards set forth
herein.
(2)
The proposed open space preservation development shall be serviced
by the necessary public and/or private facilities to assure the public
health, safety, and welfare of project residents and users.
(3)
The proposed open space preservation development shall be designed
to minimize the impact of traffic generated by the development on
the surrounding land use and road network.
(4)
The proposed open space preservation development shall be designed
so as to be in character with surrounding conditions as they relate
to the bulk and location of structures, pedestrian and vehicular circulation,
landscaping, and amenities.
(5)
The proposed open space preservation development shall be designed
and constructed so as to preserve the integrity of existing on-site
and off-site sensitive and natural environments, including wetlands,
woodlands, hillsides, water bodies, and groundwater resources.
(6)
The designated open space shall be of functional value as it
relates to opportunities for wildlife habitat, woodland preservation,
agricultural use, recreation, visual impact, and access.
(7)
The proposed open space preservation development shall comply
with all applicable federal, state and local regulations.
G.
Application guidelines.
(1)
Conceptual development plan review.
(a)
The applicant shall present the following information on the
proposed open space preservation development for a conceptual review
by the Planning Commission:
[1]
Sketch plan of the proposed layout;
[2]
An accurate legal description of the development site;
[3]
The names and addresses of all current owners of the development
site;
[4]
The total acreage of the project site;
[5]
The number of acres to be developed by use;
[6]
The number of acres ineligible for density computation or open
space;
[7]
The number of acres to be preserved as open space;
[8]
A parallel plan for determining the maximum allowable density.
This plan shall meet the requirements for a plat based upon PA 288
of 1967,[2] as amended, and the Township Subdivision Control Ordinance.[3] The plan shall be based upon the minimum lot area and
the required dimensions for the underlying zoning district;
[9]
The number and type of proposed dwelling units;
[10]
The concept of the pedestrian and vehicular circulation
system; and
[11]
The location and dimension of known natural features.
(b)
Conceptual development plan approval shall not constitute an
approval of a detailed final development/site plan but shall be deemed
a tentative approval of the development concept and layout as a guide
to the preparation of the final development/site plan. A request for
modification of the conceptual development plan shall be submitted
to the Planning Commission for review in the same manner as the original
conceptual development plan.
(2)
Development/site plan review.
(a)
Following conceptual development plan review, an open space
preservation development shall undergo a final development/site plan
review by the Planning Commission. The final development/site plan
review shall conform to the approved conceptual development plan and
incorporate any revisions required by the Planning Commission at the
conceptual development plan review. If a final development/site plan
is not submitted for review within six months of conceptual development
plan approval, the Planning Commission may require a resubmission
of the conceptual development plan for further review and possible
revision. Development/site plan review shall be subject to all appropriate
sections of this chapter.
(b)
The following information shall be provided as part of the development/site
plan:
[1]
Boundaries of the open space preservation development;
[2]
A general location map showing the existing zoning designations,
uses, and ownerships of the open space preservation development and
all land within 1/4 mile of the boundaries of the open space preservation
development;
[3]
The topography of the site and its relationship to adjoining
land;
[4]
A general description of existing soil conditions per the Van
Buren County Soil Survey Map. Locations and dimensions of wetland
areas and other significant natural features such as: woodland areas,
slopes in excess of 8%, lakes, ponds, streams and water drainage areas;
[5]
The location of existing roads adjacent to the open space preservation
development with an indication of how they will connect with the proposed
circulation system for the proposed development;
[6]
The pedestrian and vehicular circulation system proposed within
the open space preservation development;
[7]
Delineation of proposed residential cluster areas indicating
for each such area its size and number of buildings, dwelling unit
density, building envelopes, and orientation of units;
[8]
The interior open space system and park/recreation areas;
[9]
Proposed landscaping, including greenbelts, berms, and/or screening;
[10]
The overall stormwater drainage system;
[11]
The proposed sewage treatment method and water
systems;
[12]
A colored rendering of the development plan for
presentation purposes;
[13]
The overall plan shall represent the development
concept using maps and illustrations for each use; specify square
footage or acreage allocated to each use which is not residential;
approximate locations of each principal structure in the development;
setbacks, and typical layouts and architectural building elevations
for each use. The plan shall summarize in a table form, the underlying
zoning district requirements and specify, in table form, requested
modifications from those requirements;
[14]
A parallel plan for determining the maximum allowable
density. This plan shall meet the requirements for a plat based upon
Michigan Public Act 288 of the 1967,[4] as amended, and the Township Subdivision Control Ordinance.[5] The plan shall be based upon the minimum lot area and
the required dimensions for the underlying zoning district;
[16]
An analysis of vehicular traffic impact of the
proposed open space preservation development on existing road network;
[17]
A specific time schedule for the intended development
and construction details, including proposed phasing or timing of
all improvements;
[18]
The names, address, and telephone number of:
[a]
All persons with an ownership interest in the land
on which the open space preservation development will be located together
with a description of the nature of each entity's interest.
[b]
All engineers, attorneys, architects or registered
land surveyors associated with the open space preservation development.
[c]
The developer or proprietor of the open space preservation
development.
[d]
Any person(s) authorized to represent the owner
in the review process.
[19]
An accurate legal description of the open space
preservation development, including appropriate tax identification
numbers;
[20]
A statement as to how common open space and park/recreation
areas are to be owned and maintained;
[21]
A narrative describing how the open space preservation
development is consistent with the Township's Land Use Plan, the capacity
and availability of necessary public facilities to the development,
and the impact the development will have on adjoining properties;
[22]
Written reviews/approvals from all applicable
regulatory agencies;
[23]
Easements, deed restrictions, and other documents
pertaining to the open space system and park/recreation areas;
[24]
If condominium ownership is proposed, all documentation
required by any condominium regulations of the Township; and
[25]
Engineering plans presented in sufficient detail
to indicate compliance with the engineering standards adopted by the
Township, including the cross sections of proposed streets, drive
aisles, paved areas, and on-site drainage, including retention and/or
detention areas.
(3)
Public hearings and noticing. The Planning Commission shall hold a public hearing on an application for conceptual development plan review and development/site plan review for an open space preservation development. Notice of a public hearing for an open space preservation development shall be accomplished in accordance with Article 7.00.
(4)
Effect of approval. After a development/site plan has been approved
and construction of any part thereof commenced, no other type of development
is permitted on the site without further approval thereof by the Planning
Commission after proceedings conducted as in the original application.
This limitation shall apply to successive owners.
(5)
Conformity to approved plan. Property which is the subject of
approval for an open space preservation development must be developed
in strict compliance with the approved development/site plan and any
amendments thereto which have received Planning Commission approval.
If construction and development does not conform to same, the approvals
thereof shall be forthwith revoked. Upon revocation of such approval,
all further construction activities shall cease upon the site other
than for the purpose of correcting the violation.
(6)
Amendment to approved plan. A proposed amendment or modification
to a previously approved development/site plan shall be submitted
to the Planning Commission for review in the same manner as the original
application was submitted and reviewed.
(7)
Project phasing.
(a)
When proposed construction is to be phased, the project shall
be designed in a manner that allows a phase to fully function on its
own regarding services, utilities, circulation, facilities, and open
space. Each phase shall contain the necessary components to insure
protection of natural resources and the health, safety, and welfare
of users of the open space preservation development and the residents
of the surrounding area.
(b)
Each phase of the project shall be commenced within 12 months
of the schedule set forth on the approved site plan. If construction
of any phase is not commenced within the approved time period, approval
of the plan shall become null and void.
(8)
Security deposit. The Planning Commission may require that a security deposit, in accordance with Article 11.00, be deposited with the Township to insure completion of the site in accordance with the approved plans.
(9)
Recording of action.
(a)
No building permit shall be issued for an open space preservation
development and no construction activity commenced within the open
space preservation development until an affidavit containing the full
legal description of the open space preservation development, specifying
the date of final Planning Commission approval, and declaring that
all improvements will be carried out in accordance with the approved
open space preservation development/site plan, is recorded with the
Register of Deeds for Van Buren County.
(b)
In addition, all required public dedications for streets, utility
easements or other public facilities, and deed restrictions shall
be duly filed with the Township and have been recorded with the Register
of Deeds for Van Buren County.
A.
Regulations and conditions.
(1)
All parks and playgrounds shall be fenced.
(2)
Tees, fairways and greens within a golf course shall be located
not less than 50 feet from adjacent residentially zoned property under
separate ownership, and not less than 50 feet from a public street;
provided, further, that any tees, fairways or greens within 150 feet
from property used for residential purposes under separate ownership
shall be adequately fenced to prevent trespassing upon said residential
property. The Planning Commission is hereby given authority to determine
upon application to it the adequacy of such fences to prevent trespassing
upon adjacent property.
(3)
Pro shops, clubhouses (including the sale of food and beverages)
and maintenance buildings (not including storage buildings) must have
a sideline setback of not less than 500 feet from adjoining residentially
zoned land under different ownership, and a front yard setback of
not less than 110 feet from the adjoining highway center line. The
side line setback for storage buildings shall be 40 feet.
(4)
No overnight accommodations shall be permitted except for the
owners and/or managers of the facility.
(5)
Adequate public restrooms and other facilities shall be constructed
and properly maintained.
(6)
Rubbish disposal shall be handled in such a manner as will be
adequate for the purpose and avoid any nuisance or annoyance to adjoining
property owners.
(7)
Any sale of foodstuff, beverages or merchandise shall be clearly
incidental to the needs of the occupants and users of the facility
while on the property.
A.
Outdoor sales or activities accessory to a permitted or special land
use are allowed subject to the review and approval of the Planning
Commission.
B.
Regulations and conditions.
(1)
Outdoor display of merchandise shall be subject to the setback
requirements applicable to a principal building within the district.
(2)
Outdoor activities shall not be located so as to reduce required
on-site parking or impair site access and circulation.
(3)
The Planning Commission may restrict the hours of operation
or the duration of the outdoor activity based upon the character of
the surrounding area.
A.
Purpose.
(1)
To permit greater flexibility in the regulation of land and
encourage creative and imaginative design in development through the
use of planned unit development legislation, as authorized by the
Michigan Public Act 110 of 2006,[1] as amended, in order to achieve the following:
(a)
Innovation in land use and variety in design, layout, and type
of structures constructed;
(b)
Provision of a harmonious mixture of housing choices with the
integration of commercial and community facilities and recreational
opportunities;
(c)
Efficient provision of public services, utilities, and transportation
facilities;
(d)
Safe and convenient vehicular and nonmotorized access throughout
the development;
(e)
Greater protection and preservation of natural resources and
natural features than associated with conventional development;
(f)
Provision of useful and desirable open space as an integral
part of the development; and
(g)
Compatibility of design and use between neighboring properties.
[1]
Editor's Note: See MCL § 125.3101 et seq.
(2)
These planned unit development regulations are intended to result
in land use development that is substantially consistent with the
zoning requirements as generally applied to the proposed uses, yet
allow for specific modifications to facilitate an improved quality
of development. These regulations are not intended as a device for
circumventing the more specific standards and requirements of this
chapter, nor the planning concepts upon which the Zoning Ordinance
has been based.
B.
Scope. A planned unit development shall be recognized as a special
land use and controlled by the guidelines thereof. Such developments
shall be allowed as a special land use within the LDR, WFR, and VE
Zoning Districts.
C.
Planned unit development requirements.
(1)
Minimum area. The minimum size of a planned unit development
shall be 20 acres of contiguous land.
(2)
Permitted uses. Planned unit developments are restricted to
one or more of the following uses regardless of the zoning district
in which the development is located:
(a)
Single-family, two-family, and multiple-family dwellings, including
uses and buildings accessory thereto.
(b)
Nonresidential uses of an educational, cultural, recreational,
office or commercial character, including uses and buildings accessory
thereto, which uses are an integral part of a residential development,
logically oriented to and coordinated with the planned unit development.
(3)
Density requirements. Within any planned unit development approved
under this section, the requirements set forth below shall apply in
determining the permitted density of development:
(a)
The overall density of the residential uses within a planned
unit development shall be determined by dividing the planned unit
development area (total parcel area less land area deemed unbuildable
due to wetlands or natural features, less 10% of the parcel total
for roads/infrastructure) by the minimum residential lot area per
dwelling unit required by the zoning district in which the development
is located.
(b)
The total density of all phases developed prior to completion
of the project shall not exceed five dwelling units per acre.
(c)
Nonresidential uses permitted, including related access roads
and parking areas, shall not occupy more than 20% of the planned unit
development area.
(4)
Dimensional requirements. Except for minimum lot area, frontage, and width requirements, all Zoning Ordinance dimensional requirements for the underlying zoning district shall apply, unless specifically modified by the Planning Commission, pursuant to this section. To encourage flexibility and creativity consistent with the purposes of the planned unit development concept, the Planning Commission may grant specific deviations from the dimensional requirements set forth in the Zoning Ordinance. Any dimensional deviation shall be approved through a finding by the Planning Commission that the deviation meets the purpose of the planned unit development set forth in Subsection A. Such a dimensional deviation is not subject to variance approval by the Zoning Board of Appeals.
(5)
Open space requirements. Within any planned unit development
there shall be designated an amount of open space not less than 15%
of the total planned unit development parcel size, subject to the
following standards:
(a)
Designated open space shall be of functional value as it relates
to opportunities for wildlife habitat, woodland preservation, agricultural
use, recreation, visual impact, and access. Any significant and/or
sensitive environmental resources shall be included within the designated
open space.
(b)
Designated open space shall be located so as to be visible and
accessible to all residents of the development, preserve natural features,
buffer adjacent uses, and/or connect open spaces throughout the development.
(c)
All designated open space shall be within and contiguous to
the rest of the planned unit development.
(d)
The following land areas shall not be included as designated
open space for purposes of meeting minimum open space requirements:
(e)
Structures or buildings which are accessory to the designated
open space may be permitted and shall be erected only in accord with
the approved site plan.
(f)
Designated open space shall be set aside through an irrevocable
conveyance approved by the Planning Commission, such as recorded deed
restrictions; covenants that run perpetually with the land; a conservation
easement; or land trust. Such conveyance shall assure that the open
space is protected from development, except as approved by the Planning
Commission. Such conveyance shall also:
[1]
Indicate the proposed allowable uses(s) of the designated open
space;
[2]
Require that the designated open space be maintained by parties
who have an ownership interest in the open space;
[3]
Provide standards for scheduled maintenance of the open space;
and
[4]
Provide for maintenance to be undertaken by the Township in
the event that the designated open space is inadequately maintained,
or is determined by the Township to be a nuisance, with the assessment
of the costs for maintenance upon the open space ownership.
(g)
Designated open space shall be under common ownership or control,
such that there is a single entity having proprietary responsibility.
Sufficient documentation of ownership or control in the form of agreements,
contracts, covenants, and/or deed restrictions shall be provided.
(6)
Design requirements.
(a)
Access. A planned unit development shall have direct access
onto a public street. More than one access point onto the public street
network shall be considered if a traffic study is provided that demonstrates
overall traffic operations and safety will be improved.
(b)
Interior street system. The planned unit development shall be
serviced by an interior street system complying with the following
requirements:
[1]
No use within the planned unit development shall front or gain
direct access from an off-site road network. Interior streets may
be public or private subject to Township approval.
[2]
Public streets shall be constructed to the standards of and
dedicated to the Van Buren County Road Commission. Private roads shall
be constructed to Van Buren County Road Commission standards and subject
to the pavement and easement widths as indicated below.
[3]
All private two-way interior roads within a planned unit development
shall have a paved driving surface with a minimum width of 24 feet,
exclusive of parking area, and a minimum easement width of 66 feet.
All private one-way interior roads within a planned unit development
shall have a paved driving surface with a minimum width of 15 feet,
exclusive of parking areas, and a minimum easement width of 66 feet.
The paved driving surface shall be located in approximately the center
of the required easement.
[4]
Where adjoining areas are not subdivided, the arrangement of
streets within the proposed planned unit development shall be designed
to extend to the property line(s) of the project to allow for the
future construction of street extensions that make provision for the
future projection of streets into adjoining areas.
[5]
When an interior street will serve as a connecting link between
different landownerships or different public streets, either currently
or within the future, it shall be constructed as a public street in
the Van Buren County road system or, if approved by the Township,
it may be a private road located upon a sixty-six-foot public right-of-way/easement
granted to the Township for public ingress and egress.
[6]
If approved as a private road, the Township shall have no obligation
or liability for the private road or maintenance thereof by virtue
of the right-of-way/easement.
[7]
Street systems shall be designed to accommodate required emergency
vehicle access and circulation.
(c)
Parking. To encourage integration of mixed uses and improved
efficiency in land use, an overlap in the parking requirements may
be permitted between uses that have alternating peak parking demands.
(d)
Sidewalks. Sidewalks shall be required to provide for improved
pedestrian access and circulation within the planned unit development
and with adjoining areas.
(e)
Utilities. Public water and sanitary sewer facilities shall
be provided as part of the planned unit development. All utility lines
and installations capable of being placed underground, including telephone,
electric, and cable television, shall be placed underground.
(g)
Stormwater management. The design of stormwater management systems
within the planned unit development shall seek to protect the natural
environment, retain the natural retention and storage capacity of
any wetland or water body, and not increase flooding or pollute surface
or groundwater, on site or off site.
(h)
Screening. Screening shall be required along the planned unit
development boundaries if determined to be necessary to minimize any
adverse impacts upon or from properties which are not within the development.
Screening shall be accomplished through the siting of land uses, maximizing
existing screens or land cover, and/or providing new natural screens
and/or open space buffers where appropriate.
(i)
Natural features. The planned unit development shall be designed
to promote the preservation of natural features.
D.
Procedural requirements.
(1)
Application requirements. The application for approval of a planned unit development shall be made according to the procedures and application requirements for special land uses in Article 7.00.
(2)
Effect of approval. After a site plan for a planned unit development
has been approved and construction of any part thereof commenced,
no other type of development shall be allowed on the site without
further approval by the Planning Commission after proceedings conducted
as in the original application. This limitation shall apply to successive
owners.
(3)
Conformity to approved plan. Property which is the subject of
approval for a planned unit development must be developed in strict
compliance with the approved special land use permit and site plan.
If construction and development do not conform with same, the approval
thereof shall be forthwith revoked. Upon revocation of such approval,
all further construction activities shall cease upon the site other
than for the purpose of correcting the violation.
(4)
Amendment to approved plan. A proposed amendment or modification
to a previously approved site plan for a planned unit development
shall be submitted to the Planning Commission for review in the same
manner as the original application was submitted and reviewed.
(5)
Project phasing. When a planned unit development is proposed
to be constructed in phases, the project shall be designed in a manner
that allows each phase to fully function on its own regarding services,
utilities, circulation, facilities, and open space. Each phase shall
contain the necessary components to ensure protection of natural resources
and the health, safety, and welfare of the users of the planned unit
development and residents of the surrounding area. Each phase of the
development shall be commenced within one year of the schedule set
forth on the approved site plan. If construction of any phase is not
commenced within the approved time period, approval of the site plan
shall become null and void for all uncompleted phases.
(6)
Security deposit. The Planning Commission may require that a
security deposit be deposited with the Township to ensure completion
of the site in accordance with the approved site plan.
(7)
Recording of action. No building permit shall be issued for
the development and no construction activity commenced within the
planned unit development until an affidavit containing the legal description
of the planned unit development, the date and terms of the final approval,
and a declaration that all improvements will be carried out in accordance
with the approved planned unit development is approved by the Township
and recorded with the Register of Deeds for Van Buren County. All
required public dedications for streets, utility easements or other
public facilities, and deed restrictions shall be approved by the
Township and recorded at the Register of Deeds for Van Buren County.
(8)
Revocation. In any case where construction of the planned unit
development has not commenced within one year of the date of the final
approval, all approvals shall be null and void.
E.
Preliminary approval process.
(1)
Preapplication meeting. An applicant desiring to submit an application
for a planned unit development is encouraged to attend a preapplication
meeting with Township staff and applicable Township consultants. The
purpose of the preapplication meeting is to determine general compliance
with the planned unit development eligibility and design requirements,
and to identify issues of significance regarding the proposed application.
The applicant shall present the following information on the proposed
planned unit development for a preapplication meeting:
(a)
Sketch plan of the proposed layout;
(b)
Accurate legal description of the development site;
(c)
Names and addresses of all current owners of the development
site;
(d)
Total project acreage;
(e)
Number of acres to be developed by use;
(f)
Number of acres of undeveloped land;
(g)
Number of acres of designated open space;
(h)
Number and type of residential units;
(i)
Details of nonresidential use;
(j)
Details of vehicular and pedestrian circulation system; and
(k)
Location and details of known natural features.
(2)
Preliminary plan review. A planned unit development shall undergo
a mandatory preliminary plan review by the Planning Commission. The
review is intended to provide an indication of the issues and concerns
that must be resolved prior to site plan review. Preliminary plan
approval shall not constitute an approval of a detailed site plan
but shall be deemed an expression of approval of the layout as a guide
to the preparation of the site plan. A request for a modification
to the approved preliminary plan shall be submitted to the Planning
Commission for review in the same manner as the original preliminary
plan was submitted and reviewed.
(3)
Preliminary plan requirements:
(a)
Engineering details of a preliminary plan are not required to
be developed beyond a level of detail required to determine the feasibility
of the proposed layout. The preliminary plan, drawn to a reasonable
scale, shall provide the following information:
[1]
Boundaries of the planned unit development;
[2]
General location map showing existing zoning, existing land
use, and ownership of the planned unit development and all adjacent
land;
[3]
Topography of the site and its relationship to adjoining land;
[4]
Location of existing streets adjacent to the planned unit development;
proposed connection of existing streets with the planned unit development
circulation system;
[5]
Pedestrian and vehicular circulation system and related parking
facilities within the planned unit development;
[6]
Delineation of proposed residential and nonresidential areas
indicating for each area its size, number and composition of buildings,
dwelling unit density, building envelopes, height and orientation
of buildings;
[7]
Designated open space system and recreation areas;
[8]
Proposed landscaping, including greenbelts, berms, and/or screening;
[9]
Stormwater drainage system; and
[10]
Public facilities.
(b)
The following documentation shall accompany the preliminary
plan:
[1]
Name, address and telephone number of:
[a]
All persons with an ownership interest in the land
on which the planned unit development will be located together with
a description of the nature of each entity's interest;
[b]
All engineers, attorneys, architects or registered
land surveyors associated with the planned unit development;
[c]
The developer or proprietor of the planned unit
development;
[d]
Any person authorized to represent the owner in
the review process;
[2]
Accurate legal description of the planned unit development;
[3]
Total acreage of the planned unit development;
[4]
Number and type of units to be developed;
[5]
General statement as to how open space and recreation areas
are to be owned and maintained;
[6]
General indication of the proposed sequence and approximate
time frames of development phases; and
[7]
A narrative describing how the planned unit development is consistent
with the Paw Paw Township Master Plan and the purposes of a planned
unit development; the capacity and availability of necessary public
facilities to the development; and the impact the development will
have on adjoining properties.
(4)
Additional information. During the preliminary plan review process,
the Planning Commission may require additional information reasonably
necessary to demonstrate compliance with the planned unit development
review standards. Such information may include, but not be limited
to, hydrological tests, traffic studies, or wetland determinations.
F.
Final approval process.
(1)
Special land use permit/site plan review. The Planning Commission shall hold a public hearing on a planned unit development application in accordance with applicable laws and the special land use provisions in Article 7.00.
(a)
A planned unit development shall be subject to site plan review
by the Planning Commission. The detailed site plan shall conform to
the approved preliminary plan and incorporate any revisions required
by the Planning Commission at the preliminary plan review. Site plan
review shall be subject to all appropriate sections of the Zoning
Ordinance. If a detailed site plan is not submitted for review within
six months of preliminary plan approval, the Planning Commission may
require resubmission of the preliminary plan for further review and
possible revision.
(2)
Site plan requirements. The following information shall be included
on, or attached to, all site plans:
(a)
An update of the approved preliminary plan pursuant to the site plan informational requirements in § 42-11.02;
(b)
Engineering plans presented in sufficient detail to indicate
compliance with the engineering standards adopted by the Township,
including street design/construction, paved areas, and stormwater
drainage;
(c)
Easements, deed restrictions, and other documents pertaining
to the designated open space system and park/recreation areas; and
(d)
If condominium ownership is proposed, all related condominium
documentation.
(3)
Review criteria. Approval of a planned unit development shall be determined on the basis of the special land use criteria in Article 7.00, the site plan review criteria in Article 11.00, and the following criteria:
(a)
The overall design and land uses proposed in connection with
a planned unit development shall be consistent with the purpose of
the planned unit development concept and the specific design standards
set forth herein.
(b)
The planned unit development shall be serviced by the necessary
public facilities to ensure the public health, safety, and welfare
of the residents and users of the development.
(c)
The planned unit development shall be designed to minimize the
impact of traffic generated by the development on the surrounding
land uses and road network.
(d)
The planned unit development shall be designed so as to be in
character with surrounding conditions as they relate to bulk and location
of structures, pedestrian and vehicular circulation, landscaping,
and amenities.
(e)
The planned unit development shall be designed and constructed
so as to preserve the integrity of the existing on-site sensitive
and natural environments, including wetlands, woodlands, hillsides,
water bodies, and groundwater resources; and also so as to not impair
or otherwise adversely affect such environments off site on property
not included in the development.
(f)
The designated open space shall be of functional value as it
relates to opportunities for wildlife habitat, woodland preservation,
agricultural use, recreation, visual impact, and access.
(g)
The planned unit development shall comply with all applicable
federal, state, and local regulations.
A.
Regulations and conditions.
(1)
A roadside stand shall not exceed 150 square feet in area. The
150-square-foot area dedicated as the "roadside stand" may be located
within a larger structure.
(2)
A roadside stand may only be located within a larger structure if the larger structure complies with the lot, yard and area requirements in Article 6.00.
(3)
A roadside stand that is less than 25 square feet in area or is only left in place seasonally may be located adjacent to the abutting road right-of-way. All other lot, yard and area requirements in Article 6.00 shall apply.
(4)
Awnings may be established on up to three sides of a roadside
stand and shall not project more than four feet from the stand. In
the event the roadside stand is located within a larger structure,
the awnings may only be established on that portion of the structure
constituting the roadside stand.
(5)
A parking area equivalent to one parking space per 25 square
feet of the roadside stand area is required. Parking areas are not
subject to paving requirements but shall be clearly marked and provide
adequate turnaround area outside of the road right-of-way.
(6)
It is the intent of this section to provide only for the limited
seasonal sale of agricultural and related products. It is not intended
to encourage the size of investment in equipment that would require
a commercial district.
A.
Solar panels, either attached to principal or accessory buildings
or as accessory structures, shall be allowed in all zoning districts.
B.
Regulations and conditions.
(1)
Attached to a building. Where attached to a building, the solar
panels shall be subject to the same regulations as the building in
terms of height and setback. Solar panels may be attached to the roof
or the wall, but not both.
(a)
Roof-mounted solar panels shall include solar panels integrated
as the surface layer of the roof structure with no additional apparent
change in relief or projections (the preferred installation), or separate
flush-mounted solar panels attached to the roof surface.
[1]
Flush-mounted solar panels installed on a sloped roof surface
shall not project vertically above the peak of the roof to which it
is attached.
[2]
Flush-mounted solar panels installed on a flat roof shall not
project vertically higher than the height of the parapet wall surrounding
the roof or shall be screened by architectural features.
[3]
Solar panels integrated as the surface layer of the roof structure
may be located on any part of the roof. Flush-mounted solar panels
may only be located on the rear or side-facing roof.
[4]
Roof-mounted solar panels shall be only of such weight as can
safely be supported by the roof. Proof thereof shall be submitted
to the Township Building Official prior to installation and shall
be subject to the Building Official's approval.
(c)
Building-mounted solar panels shall be permanently and safely
attached to the building or structure. Proof thereof shall be submitted
to the Township Building Official prior to installation and shall
be subject to the Building Official's approval.
(2)
Freestanding. Solar panels may be freestanding.
(a)
Freestanding solar panels shall be subject to the height, setback and location requirements applicable to accessory buildings established by § 42-8.01.
(b)
The surface area covered by freestanding solar panels shall
be included in the lot coverage calculations for the lot.
(c)
Freestanding solar panels shall be permanently and safely attached
to the ground. Proof thereof shall be submitted to the Township Building
Official prior to installation and shall be subject to the Building
Official's approval.
(d)
All related power transmission lines shall be placed underground.
(e)
After the installation of solar panels, accessory structures
or vegetation shall not be established on an abutting property in
a location that will block the solar panels' access to solar energy
during 10:00 a.m. and 3:00 p.m.
(3)
The exterior surfaces of solar panels shall be generally neutral
in color and substantially nonreflective of light.
(4)
Solar panels shall conform to applicable industry standards
and shall be installed, maintained and used only in accordance with
the manufacturer's directions. The Building Official may inspect the
completed installation to verify compliance.
(5)
Solar panels shall comply with all applicable Township construction-related
codes and permitting requirements.
(6)
Solar panels allowed as a permitted accessory use shall require
an administrative review.
A.
Purpose. The purpose of this section is to establish guidelines for
the siting of solar panel energy systems placed on property with the
intent to provide utility-scale energy to the grid which shall hereafter
be referred to as a "solar farm." It is further the purpose and intent
of this section to:
(1)
Allow the safe, effective, and efficient use of a renewable
energy system consistent with the goals and objectives set forth in
the Paw Paw Township Master Plan.
(2)
Preserve and protect public health, safety, welfare, and quality
of life by minimizing the potential adverse effects of solar farms,
including aesthetic impacts and risks to the values of adjoining properties.
(3)
Establish standards and procedures by which the siting, design,
engineering, installation, operation, and maintenance of solar farms
shall be governed.
B.
Scope. Solar farms shall be allowed as a special land use in the
AGR, ARR and HCI Zoning Districts as the principal use on a lot.
C.
Solar farm requirements.
(1)
Siting of solar farms must conform to the front, side, and rear
setback requirements of the zoning district.
(2)
When oriented at maximum tilt, freestanding solar panels shall
not exceed the maximum accessory building height requirements of the
zoning district.
(3)
All power transmission lines shall be located underground, unless
otherwise modified by the Planning Commission in consideration of
the special land use criteria for review.
D.
Glare. Solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent buildings,
properties, or roadways. The exterior surfaces of solar panels shall
be generally neutral in color and substantially nonreflective of light.
E.
Batteries.
(1)
When a battery storage system is included as part of the solar
farm, it must be placed in a secure temperature-controlled enclosure
when in use. When no longer in use, such batteries must be disposed
of in accordance with applicable laws and regulations.
F.
Permits.
(1)
Solar farms shall conform to applicable industry standards and
shall be installed, maintained and used only in accordance with the
manufacturer's directions. The Building Official may inspect the completed
installation to verify compliance.
(2)
Solar farms shall comply with all applicable Township construction-related
codes and permitting requirements.
G.
Removal.
(1)
A decommissioning plan shall be provided and shall:
(a)
State the anticipated life of the project;
(b)
Describe estimated decommissioning costs in current dollars
and provide that this figure will be updated every fifth year after
commercial operation of the utility-scale solar panel energy system;
(c)
Be signed by the party responsible for decommissioning and the
landowner (if different);
(d)
Define the conditions upon which decommissioning will be initiated
(i.e., end of land lease, no power production for 12 months, etc.);
(e)
State that all equipment, conduit, structures, fencing, roads,
and foundations will be removed by the end of the decommissioning
period;
(f)
Require property to be restored to the condition it was in prior
to the development of the solar farm;
(g)
Describe the time frame for completion of decommissioning activities;
(h)
Describe any agreement (e.g., lease) with the landowner regarding
decommissioning;
(i)
State the party currently responsible for decommissioning; and
(j)
Describe any plans or circumstances requiring an update of the
decommissioning plan.
(2)
A recorded copy of the decommissioning plan shall be submitted
to the Planning Commission.
(3)
Decommissioning shall be completed within 12 months of determination
by the Zoning Administrator that the solar farm is no longer being
maintained in an operable state of good repair, unless the current
responsible party with ownership interest in the facility provides
substantial evidence to the Planning Commission of the intent to maintain
and reinstate operation of the farm.
(4)
A cash deposit, certified check, irrevocable bank letter of credit, surety bond, corporate guaranty, or other similar financial instrument acceptable to the Planning Commission that is equal to the cost of decommissioning is required. The amount of security shall be adjusted to equal the latest estimated net decommissioning costs under Subsection G(1)(b) above.
A.
Regulations and conditions.
(1)
A special event facility shall be located on a minimum of 10
acres of contiguous land.
(2)
No special event facility shall be approved for an attendance
level in excess of 250 people, nor host a special event that lasts
longer than two days during a single weekend, not including set up
and take down.
(3)
Drives and parking areas shall be subject to compliance with § 42-9.12, except parking shall be provided at one space for every four persons of the maximum attendance level approved for the facility and shall be subject to compliance with applicable barrier-free requirements.
(4)
A parking attendant(s) shall direct traffic into the facility
and towards available parking during the arrival of guests.
(6)
Adequate lighting shall be provided on the premises to illuminate outdoor activities and parking areas. All lighting shall be in accordance with § 42-9.13. Lighting associated with the special event shall be turned off when the event is not in operation.
(7)
A special event facility shall provide a water supply and sewage
disposal system necessary to accommodate all special events to the
satisfaction of the Van Buren County Health Department.
(8)
Noise levels generated at a special event facility shall not
constitute a nuisance to adjoining properties.
(9)
Structures and features related to the special event facility
shall be kept within an esthetic that is appropriate within the surrounding
area.
(10)
Barriers and/or buffers and facility separations designed to
minimize identified injurious or annoying impacts on surrounding properties
may be required by the Planning Commission.
A.
The height of the WES with the blade in vertical position shall not
exceed 65 feet.
B.
A WES shall be set back from all lot lines a distance which is at
least equal to the height of the WES (with the blade in the vertical
position) as measured from the lot line to the base of the tower.
No portion of the WES, including the guy wire anchors, shall be located
within or above the required front, side or rear yard setback.
C.
A structure-mounted WES shall have a distance from the nearest property
line which is at least equal to the height of the WES as measured
from the point of attachment to the structure or building to the top
of the WES with the blade in the vertical position. Blade arcs created
by a WES mounted on a structure shall have a minimum clearance of
eight feet.
A.
General requirements.
(1)
Standard A: Wireless communications support structure and equipment
is a permitted use of property and is not subject to special land
use approval or any other approval if all of the following requirements
are met:
(a)
The wireless communications equipment will be co-located on
an existing wireless communications support structure or in an existing
equipment compound.
(b)
The existing wireless communications support structure or existing
equipment compound is in compliance with the Township Zoning Ordinance
or was approved by the Planning Commission.
(c)
The proposed co-location will not do any of the following:
[1]
Increase the overall height of the wireless communications support
structure by more than 20 feet or 10% of its original height, whichever
is greater.
[2]
Increase the width of the wireless communications support structure
by more than the minimum necessary to permit co-location.
[3]
Increase the area of the existing equipment compound to greater
than 2,500 square feet.
(d)
The proposed co-location complies with the terms and conditions
of any previous final approval by the Planning Commission.
B.
Approval procedures. The following procedures have been established
to achieve approval of a proposed wireless communications facility:
(1)
Standard A: A wireless communications support structure and
equipment proposal requires no zoning approval. However, plans for
Standard A improvements shall be submitted to the Township.
(2)
Standard B: A wireless communications support structure and equipment proposal requires special land use approval. Accordingly, such proposals are subject to the procedures in Article 7.00, including the following:
(a)
Applicant submits plan and applicable fee.
(b)
Within 14 days Township administration determines if application
is complete.
(c)
If application is incomplete, administration notifies applicant.
(d)
If application is complete, administration initiates special
land use review by scheduling special land use public hearing. Special
land use review must be complete 60 days after the application is
considered complete.
(e)
Planning Commission reviews plan, approves or denies application.
(3)
Standard C: A wireless communications support structure and
equipment proposal requires special land use approval. Accordingly,
such proposals are subject to the procedures outlined for Standard
B, except that in Step 4[2] the special land use review must be complete not more
than 90 days after the application is considered complete.
[2]
Editor's Note: See § 42-8.30B(2)(d).
C.
Regulations and conditions. All applications for wireless communications
facilities that require special land use approval shall be reviewed
in accordance with the following standards and conditions. If approved,
such facilities shall be constructed and maintained in accordance
with such standards and conditions and any additional conditions imposed
by the Planning Commission.
(1)
Public health and safety. Facilities and/or support structures
shall not be detrimental to the public health, safety and welfare.
(2)
Harmony with surroundings. To the extent feasible, facilities
shall be designed to be harmonious with the surrounding areas.
(3)
Compliance with federal, state and local standards. Wireless
communications facilities shall comply with applicable federal and
state standards, including requirements promulgated by the Federal
Aviation Administration (FAA), Federal Communication Commission (FCC),
and Michigan Aeronautics Commission. Wireless communications support
structures shall comply with all applicable building codes.
(4)
Maximum height. Applicants shall demonstrate a justification
for the proposed height of the support structures and an evaluation
of alternative designs which might result in lower heights. The maximum
height of a new or modified support structure and antenna shall be
the minimum height demonstrated to be necessary for reasonable communication
by the applicant (and by other entities to co-locate on the structure),
but shall not exceed 120 feet. Higher support structures may be permitted,
however, if necessary to achieve co-location. The buildings, cabinets,
and other accessory structures shall not exceed the maximum height
for accessory structures in the zoning district in which the facility
is located.
(5)
Minimum setbacks. The setback of a new or modified support structure
from any residential-zoned district or existing or proposed right-of-way
or other publicly traveled road shall be no less than the total height
of the structure and attachments thereto. Where the proposed new or
modified support structure abuts a parcel of land zoned for a use
other than residential, the support structure shall comply with the
required setbacks for principal buildings specified for the zoning
district in which the facility is located. Buildings and facilities
accessory to the wireless communication facility (other than the support
structure) shall comply with the required setbacks for principal buildings
specified for the zoning district in which the facility is located.
(6)
Access. Unobstructed permanent access to the support structure
shall be provided for operation, maintenance, repair and inspection
purposes, which may be provided through or over an easement. The permitted
type of surfacing, dimensions and location of such access route shall
be subject to approval by the Planning Commission, based on evaluation
of the location of adjacent roads, layout of buildings and equipment
on the site, utilities needed to service the facility, proximity to
residential districts, disturbance to the natural landscape, and the
type of vehicles and equipment that will visit the site.
(7)
Division of property. The division of property for the purpose
of locating a wireless communication facility shall be permitted only
if all zoning requirements, including lot size and lot width requirements,
are met.
(8)
Equipment enclosure. If an equipment enclosure is proposed as
a building- or ground-mounted structure, it shall comply with the
required setbacks and other requirements specified for principal buildings
for the zoning district in which the facility is located. If an equipment
enclosure is proposed as a roof appliance on a building, it shall
be designed, constructed and maintained to be architecturally compatible
with the principal building.
(9)
Design objectives. The support structure and equipment shall
be designed to minimize distraction, reduce visibility, maximize aesthetic
appearance, and ensure compatibility with surroundings. Accordingly,
support structures shall be grey or white (or another color that is
found to be more harmonious with surroundings) and shall not have
lights unless required otherwise by the Federal Aviation Administration
(FAA). Equipment buildings shall have a brick exterior. No signs or
logos visible from off-site shall be permitted on a support structure.
(10)
Fencing. Wireless communications facilities shall be enclosed
by an open weave, green or black vinyl-coated, chain link fence having
a maximum height of six feet. Barbed wire may be permitted.
(11)
Structural integrity. Wireless communications facilities shall
be constructed and maintained in structurally sound condition, using
the best available technology, to minimize any threat to public safety.
(12)
Maintenance. A plan for the long term, continuous maintenance
of the facility shall be submitted. The plan shall identify who will
be responsible for maintenance, and shall include a method of notifying
the Township if maintenance responsibilities change.
D.
Removal of unused or obsolete facilities.
(1)
A condition of every approval of a wireless communications facility
shall be adequate provision for removal of all or part of the facility
by users and owners upon the occurrence of the following event:
(a)
When the facility has not been used for 180 days or more. For
purposes of this section, the removal of antennas or other equipment
from the facility, or the cessation of operations (transmission and/or
reception of radio signals) shall be considered as the beginning of
a period of no use.
(b)
The situations in which removal of a communications facility is required, as set forth in Subsection D(1) above, may be applied and limited to portions of a facility.
(c)
Upon the occurrence of one or more of the events requiring removal,
the property owner or persons who had used the facility shall immediately
apply for any required demolition or removal permits, and immediately
proceed with and complete the demolition, removal, and site restoration.
(d)
If the required removal of a communications facility or a portion
thereof has not been lawfully completed within 60 days of the applicable
deadline, and after at least 30 days' written notice, the Township
may secure the removal of the facility or required portions thereof,
with its actual cost and reasonable administrative charge to be drawn
or collected and/or enforced from or under the security posted at
the time application was made for establishing the facility.
E.
Application requirements.
(1)
Site plan and special land use review. A site plan prepared in accordance with § 42-11.02 shall be submitted, showing the location, size, screening and design of all buildings, outdoor equipment, and structures. Where the wireless communications facility is subject to special land use approval the procedures and standards in Article 7.00 shall be followed.
(2)
Landscape plan. A detailed landscaping plan shall be submitted
illustrating the number, species, location, and size at the time of
planting of all proposed trees and shrubs. The purpose of landscaping
is to provide screening and aesthetic enhancement for the structure
base, accessory buildings and enclosure.
(3)
Structural specifications. Structural specifications for the
support structure and foundation shall be submitted for review. The
structural specifications shall state the number of various types
of antennae capable of being supported on the structure. A soils report
prepared by a geotechnical engineer licensed in the State of Michigan
shall also be submitted confirming that the soils on the site will
support the structure. Structural plans shall be subject to review
and approval by the Township Engineer.
