Township of Lawrence, MI Article VII Uses Authorized by Special Use Permit

§ 1-7.1 General standards and requirements.

A. Intent and purpose.

(1) Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this chapter to provide a set of procedures and standards for specific uses of land or structures that will allow and maintain sound provisions for the protection of the health, safety and general welfare of the inhabitants of Lawrence Township. In order to provide controllable and reasonable flexibility, this article permits detailed review of certain specified types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure uses possessing these characteristics may be authorized within certain zone districts by the issuance of a special use permit. By such a procedure, the Township Planning Commission has the opportunity to impose conditions and safeguards upon each use which are deemed necessary for the protection of the public welfare.

(2) The following section, together with previous references in other articles of this chapter, designate specific uses that require a special use permit and, in addition, specify the procedures and standards which must be met before such a permit can be issued.

B. Application procedures. An application for a special use permit for any land or structure use permitted under this article shall be submitted and processed under the following procedures:

(1) Applicant. Any person owning or having an interest in the subject property may file an application for one or more special use permits provided for in this chapter in the zoning district in which the land is situated.

(2) Submission of application. An application shall be submitted through the Building Official for consideration to the Planning Commission on a form provided by the Building Official. Each application shall be signed by the property owner. The application shall be accompanied by payment of the fee as established by the Township Board of Trustees to cover costs of processing the application.

(3) Required information. One application for a special use permit, filled out in full, shall be presented to the Building Official and accompanied by one of the following:

(a) Twelve copies of a preliminary sketch plan. In this instance, the applicant will be required to complete the site plan review process of Article VIII after completion of the special use permit procedure. Additional copies may be required.

(b) A complete application for site plan review, including application form, final site plan and all applicable fees. In this instance, the site plan review process will be conducted simultaneously with the review of the special use permit and in conformance with Article VIII of this chapter.

(c) An application complying with the provisions of this chapter shall be scheduled for public hearing by the Planning Commission.

(4) Incomplete applications.

(a) An application made without full compliance with this chapter shall be returned to the applicant, with a request with the missing information.

(b) An application which is incomplete shall not constitute submission as to commence the running of time for processing the application.

(5) Upon receipt of a complete application by the Building Official, the Township shall transmit one copy to any agency considered to be impacted or affected by the land use request for review and comment. This includes but is not limited to the County Drain Commissioner and the County Road Commission.

(6) Other having interest. Any person having an interest in any application may present any petition or document supporting his position for or against such application.

(a) All documents shall be submitted to the Building Official no later than 15 days before the hearing at which the application will be considered.

(b) It shall be incumbent upon the applicant to furnish adequate evidence in support of the proposed use complying with the provisions of this chapter. It shall be the obligation of the applicant to furnish sufficient evidence or proof of ongoing compliance with the provisions of this chapter.

(7) Requirements and limitations for granting special use permits.

[Amended 4-12-2018][1]

(a) Until a special use permit has been issued for any use requiring the same in this chapter, and until a proper building permit has been granted pursuant to the special use permit, there shall be no construction, as defined by MCLA § 125.1502a(n), or excavation on said land, nor shall there be made any use of land related to the request for the special use permit except as provided herein. While a special use permit application is pending, a limited building or demolition permit application may be submitted if no objection to its submission is raised by the Planning Commission at a regular or special meeting of the Planning Commission following the submission of the special use application.

(b) The request to submit a limited building or demolition permit application may be made on the special use permit application itself, or in a separate request submitted at or before the initial hearing on the special use permit application.

(c) The Planning Commission shall consider the Building Inspector's opinion, the proposed special use, the likelihood of granting the special use permit, the impact on the neighboring properties and the community if a structure is built or demolished in whole or in part and the special use permit is denied, and any other factors the Planning Commission considers relevant.

(d) The granting of a limited building or demolition permit is not an approval of any special uses, building, structure, or excavation locations, or other matters depicted, referred to, or implied in any documents submitted with the limited building or demolition permit or special use permit application. Further, any work done pursuant to a limited building or demolition permit may need to be modified, redone, or removed in light of requirements of the Planning Commission or the Township Board for approval of the special use permit.

A LIMITED BUILDING OR DEMOLITION PERMIT and APPLICATION will contain the following reservation of rights: "THIS BUILDING OR DEMOLITION PERMIT SHOULD NOT BE CONSTRUED AS AN APPROVAL OF ANY SITE PLANS OR SPECIAL USE PERMIT APPLICATIONS. THIS INCLUDES SITE PLANS THAT WERE ATTACHED TO THIS LIMITED BUILDING OR DEMOLITION PERMIT APPLICATION. THE TOWNSHIP RESERVES THE RIGHT TO DENY ANY SITE PLANS AND/OR SPECIAL USE PERMITS, AND ANY AMENDMENTS THERETO, PENDING IN OR STILL TO BE SUBMITTED TO THE TOWNSHIP. THE APPLICANT PROCEEDS AT HIS/HER OWN RISK WITH FULL UNDERSTANDING THAT THE AFOREMENTIONED SITE PLANS, SPECIAL USE PERMITS, AND OTHER PERMITS, APPLICATIONS, OR APPROVALS MAY BE DENIED OR HAVE ADDITIONAL CONDITIONS PUT ON THEM WHICH MAY PREVENT FURTHER CONSTRUCTION, RESULT IN FINANCIAL LIABILITY OR LOSS, OR OTHERWISE RESULT IN HAVING TO MODIFY, REDO, OR UNDO STRUCTURES OR EXCAVATIONS, OR MAY RESULT IN APPLICANT HAVING TO TAKE FURTHER ACTION."
"I am the owner or the owner's authorized agent capable of binding the owner. The owner/applicant deems the work, structure, excavation, and/or demolition is acceptable even if the pending or to be submitted special use permit is DENIED. The owner/applicant states that even if the special use permit is denied said construction, excavation, and/or demolition furthers the owner/applicant's desire to develop the property for other reasons."
Date:	Owner/Agent:

[1] Editor's Note: This ordinance renumbered original Sec. 7.1.2(F)(3) of the 2005 Code as original Sec. 7.1.2(G).

C. Review and findings.

(1) Public hearing. The Planning Commission shall review the application at its next regular meeting following filing and shall set a date for public hearing within 45 days thereafter. Notice shall be given pursuant to the requirements of the Michigan Zoning Enabling Act,[2] as presently enacted or later amended, concerning the request.

[2] Editor's Note: See MCLA § 125.3101 et seq.

(2) Planning Commission recommendations. Upon conclusion of such hearing procedures, the Planning Commission shall transmit a written recommendation within 30 days to the Township Board setting forth the reasons for the acceptance, denial or modification of the special use permit application. Such recommendation shall be forwarded to the Township Clerk.

(3) Township Board action. Upon receipt of the Planning Commission recommendation, the Township Board shall consider the special use permit application at its next regular meeting. The Township Board shall accept or reject the application based upon materials received and testimony recorded by the recording secretary at the public hearing. Following favorable action by the Township Board, the Clerk shall issue a special use permit subject to site plan review and/or other conditions as have been placed on such permit by the Planning Commission and Township Board. All conditions shall be clearly specified in writing.

D. Basis of determination. Before recommending approval of a special use permit to the Board of Trustees, the Township Planning Commission shall ensure that the standards specified in this section, as well as applicable standards established elsewhere in this chapter, shall be satisfied by the completion and operation of the special use under consideration.

(1) General standards.

(a) The Township Planning Commission shall review the particular circumstances of the special use request under consideration in terms of the following standards and shall recommend its approval only upon a finding of compliance with each of the following standards, as well as applicable standards established elsewhere in this chapter.

[1] The proposed use, activities, processes, materials, equipment and conditions of operation will not be detrimental to the public welfare, persons or property by reason of noise, fumes, dust, glare, traffic or objectionable odors.

[2] Essential public facilities and services such as roads, fire and police protection, drainage facilities, refuse disposal, and schools are adequate for the proposed use or are capable of being adequately provided for.

[3] Requirements for additional public services and facilities which will be created by the proposed use will not be detrimental to the economic welfare of the community. All standards set forth in this chapter will be complied with.

[4] All administrative requirements pertaining to the issuance of special use permits have or will be complied with.

[5] The proposed use, activities, processes, materials and equipment and conditions of operations shall be consistent with the objectives of the Comprehensive Development Plan.

[6] Where feasible, the proposed activity should not be located such that it will directly or indirectly have a substantial adverse impact on the natural resources of the county. This includes but is not limited to lakes, rivers, streams, country drains, major forests, water recharge areas, and major mineral deposits. See Natural Resources and Environmental Protection, 1994 P.A. 451 (MCLA § 324.101 et seq.).

[Amended at time of adoption of Code (see Ch. 20, Code Adoption, Art. II)]

(2) Conditions. The Lawrence Township Planning Commission may recommend approval, approval with conditions, or disapproval of a special use application. If the Planning Commission recommends approval with conditions, the Township Board shall have the authority to add conditions necessary to ensure compliance with the standards contained in this or other applicable Township ordinances and regulations. Such conditions shall be enforced by the Building Official. The hours of operation may be set by the Planning Commission. The conditions may include those necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

(3) Performance guarantee. In reviewing a special use permit, the Township Planning Commission may recommend that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond be furnished by the developer to ensure compliance with an approved site plan and the special use permit requirements. Such guarantee shall be deposited with the Township Clerk at the time of the issuance of the special use permit. In fixing the amount of such performance guarantee, the Township Planning Commission shall limit it to reasonable improvements required to meet the standards of this chapter and to protect the natural resources or the health, safety and welfare of the residents of the Township and future users or inhabitants of the proposed project or project area, including, but not limited, to roadways, lighting, utilities, sidewalks, screening and drainage. The term "improvements" does not include the entire project which is the subject of zoning approval nor to improvements for which a performance guarantee has been deposited pursuant to Act No. 288 of 1967,[3] as amended. The Township Planning Commission and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of work completed on the required improvements as work progresses and include it in its recommendation to the Board of Trustees.

[3] Editor's Note: See MCLA § 560.101 et seq.

E. Effective date of special use permit. The special use permit shall become effective when the application has been approved by the Board of Trustees.

(1) A building permit shall not be issued until approval of such special use permit by the Lawrence Township Board of Trustees.

(2) Land subject to a special use permit may not be used or occupied for purposes of such special use until after a certificate of occupancy for it has been issued pursuant to this chapter.

F. Transfer and/or expiration of special use permit.

(1) Transfer of special use permit. In order to ensure continued compliance with the terms of this chapter and a special use permit issued under it, each special use permit shall specify terms for transfer of a valid special use permit from the present landowner or operator to a subsequent owner or operator. The responsibility for said transfer in accordance with the terms of the special use permit shall be that of the permit holder of record with the Lawrence Township Planning Commission. Failure of a special use permit holder to properly transfer a special use permit shall not release the permit holder of record from ordinance penalties for any subsequent action undertaken on the land in violation of the terms of the special use permit. Transfer of a special use permit shall be made on a form supplied by the Building Official for that purpose. Proper completion of the form shall require documentation of assumption by the new owner of an interest in the land/operation in question and a written agreement that the new owner/operator will assume the obligations and responsibilities specified in the special use permit, including deposit of a bond or other performance guarantee, when so required by the special use permit. When such transfer has been properly completed and any bond or other performance guarantee deposited properly with the Township by the new permit holder, any bond or performance guarantee on deposit with the Township by the previous permit holder shall be returned in accord with the terms of this chapter.

(2) Expiration of special use permit:

(a) A special use permit shall be valid for as long as the permitted use continues in accordance with the terms stated therein, unless otherwise stated in the special use permit. If there is not compliance with the terms of the special use permit within six months from the date of its issuance, then it shall automatically expire and be of no further effect or validity. Approval of a special use permit shall be valid regardless of change of ownership, provided that all terms and conditions of the permit are met by subsequent owner.

(b) The Township Clerk shall notify the applicant, in writing, mailed to the address listed on the application that such special use permit has expired.

G. Reapplication. No application for a special use permit which has been denied, wholly or in part, by the Township Board of Trustees shall be resubmitted until the expiration of one year from the date of such denial except on the grounds of newly discovered evidence or proof of changed conditions.

H. Requirement compliance: penalties. It shall be the duty and obligation of the owner(s), or operator(s) if such is under a management arrangement, to at all times be in compliance with the use requirements of this chapter and the stipulations of the special use permit under which their particular use is governed. Failure thereof shall be in violation of this chapter and subject to the penalties and remedies provided in § 1-3.9 and the continuance thereof is hereby declared to be a nuisance per se.

I. Once granted a special use permit, the use is a permitted use. Any use for which a special use permit has been granted shall be deemed a conforming use permitted in the district in which such use is located, provided:

(1) Such permit was issued in conformity with the provisions of this chapter;

(2) Such permit shall be deemed to affect only the lot or portion thereof and uses there upon for which the special use permit shall have been explicitly granted; and

(3) Such permit authorizes a use which is subsequently built, operated and maintained to compliance with this chapter, the special use permit and all conditions established with its approval.

J. Specific requirements. The general standards and regulations of this section are basic to all uses authorized by special use permit. The specific and detailed regulations set forth or referred to hereafter in other specified sections of this chapter relate to particular uses and are hereafter requirements which must be met by those uses in addition to the aforementioned general standards and regulations.

§ 1-7.2 Permitted special uses.

Special land uses which may be permitted are specifically listed within each of the zoning districts in Article VI. The basis of determination and the general standards for reviewing all listed special land uses in the various zoning districts can be found in § 1-7.1. Additional standards for special land uses are as follows.

A. Planned unit developments (PUD).

(1) Purpose. The planned unit development is designed to provide for maximum environmental choice for the residents of the Lawrence Township by encouraging creativity and flexibility of low-density residential design, diversity of building types, open space arrangements and environmental preservation, and the integration of nonresidential uses such as professional office, research and supportive services and amenities through the special use permit process.

(2) Intent. It is the intent of this section to provide for an added degree of flexibility in the placement and interrelationship of buildings incorporating a variety of residential dwellings and encouraging a more creative approach to development. Such criteria are further intended to:

(a) Result in a more efficient development pattern with shorter streets and utility networks.

(b) Preserve existing natural assets, such as stands of trees, floodplains, open fields and the like.

(c) Accomplish a more desirable residential environment than would be possible through the strict application of minimum requirements of this chapter.

(d) Encourage the utilization of open space and the development of recreational facilities generally located within a reasonable distance of all living units.

(e) Develop property as individual lots or common building sites. Common land and open space are essential elements of the plan related to affecting the long-term aesthetic and economic values of the entire development.

(f) Provide for supportive amenities, such as recreational uses, which, in the opinion of the Planning Commission, are in conformance with the Comprehensive Development Plan and the objectives of the proposed development.

(g) Provide for planned professional office/research working environments in conjunction with the planned living environments, which enhance the residential stability and economic base of Lawrence Township through the application of the special use permit process.

(3) General requirements, restrictions and standards:

(a) Minimum project area. Minimum project area allowable for a PUD shall be 15 acres.

(b) Location. Planned unit developments may be located in those districts as designated upon recommendation of the Planning Commission and approval by the Township Board of Trustees.

(c) Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:

[1] All uses permitted in the district for which the PUD is approved.

[2] Any additional uses which can be shown to be compatible with the general objectives of the Township's Comprehensive Development Plan as well as integral to the specific PUD scheme in which they are contained. For the purpose of this section, an "integral use" shall be defined as a use which has a specific functional relationship with other uses contained in the development, as for example, a day-care center, which serves primarily the needs of residents of the development.

(d) Performance objectives.

[1] Yard, setback, lot size, type of dwelling unit, height, and frontage requirements restrictions are waived for the PUD; provided, however, that the spirit and intent of this section, as defined in § 1-7.2A(1), are incorporated within the total development plan. The Planning Commission may determine that certain setbacks be established within all or a portion of the perimeter of the site and shall determine the suitability of the total development plan in accordance with § 1-7.2A(1) of this section.

[2] Access. Every structure or dwelling unit shall have access to a public street, walkway and other areas dedicated to common use and shall allow access for emergency vehicles.

[3] Land usage. The approximate location of structures, shown on the conceptual development plan, shall be so arranged as not to be detrimental to existing or proposed structures within the development or surrounding neighborhood.

[4] Privacy. Each development shall provide reasonable visual and acoustical privacy for dwelling units. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views or uses, and reduction of noise.

[5] Off-street parking. Parking convenient to all dwelling units and other uses shall be provided pursuant to the minimum requirement of Article X of this chapter. Common driveways, parking areas, walks and steps may be required, together with appropriate lighting, in order to ensure the safety of the occupants and the general public. Screening of parking and service areas may be required through use of trees, shrubs, hedges or screening walls.

[6] Development concept. All of the elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of adjoining property, and the type and size of buildings. Arrangement of buildings shall be done in such a way to utilize natural topography, existing vegetation and views within and beyond site.

[7] Utilities. Planned unit developments shall, where feasible, provide for underground installation of utilities (including electricity and telephone) in both public ways and private extensions thereof. Provisions shall be made for construction of storm sewer facilities, including grading, gutters, piping, and treatment of turf to handle stormwaters, and to prevent erosion and the formation of dust. This could include the establishment of retention basins in order to minimize stormwater runoff.

[8] Pedestrian circulation. The pedestrian circulation system and its related walkways shall be insulated as completely and as reasonably as possible from vehicular movement.

[9] Recreation areas. Recreational areas and facilities shall be provided in easily accessible locations and shall be accessible to emergency vehicles.

[10] Planting. The appeal and character of the site shall be preserved and enhanced by retaining and protecting existing trees and other site features; additional new landscaping shall be added for privacy, shade, beauty of buildings and grounds and to screen out objectionable features.

(e) Density. The density (dwelling units per acre) in a PUD shall not exceed the density of the zone in which it is located. When more than one zone is involved, the density of the project will be the average of the zones, weighted in direct proportion to the size of the property within the project in each zone. Only 1/2 of the total portion of the site comprised of floodplain, swamps, (wetland) or a water body may be used in the calculation of densities of a project.

(f) Open spaces. "Common open space" is defined as parcel or parcels of land or an area of water or a combination of land and water designed and intended for the use or enjoyment of the residents of the PUD or of the general public. Common open space does not include proposed street rights-of-way, open parking area, or commercial areas. Common open space may contain accessory structures and improvements necessary or desirable for religious, educational, noncommercial, recreational or cultural uses. A variety of open space and recreational areas is encouraged, such as children's informal play areas in close proximity to individual dwelling units, according to the concentration of dwellings; formal parks; picnic areas; playgrounds; and scenic open areas and communal, noncommercial recreational facilities.

[1] The area of common open space within a PUD project may not be less than 25% of the total land area of the project.

[2] All common open space shown on the final site plan must be reserved or dedicated by lease or conveyance of title to a corporation, association or other legal entity, or by reservation by means of a restrictive covenant. The terms of such lease or other instrument must include provisions guaranteeing the continued use of such land for the purposes intended and for continuity of proper maintenance of those portions of the open space land requiring maintenance.

(g) Circulation facilities. The arrangements of public and common ways for pedestrian and vehicular circulations shall be coordinated with other existing or planned streets in the area.

(h) The PUD's landscape plan shall meet the requirements of Article VIII (Site Plan Review).

(i) The PUD's site plan shall meet the requirements of Article VIII (Site Plan Review).

(j) The PUD may be developed in stages or phases, but must receive conceptual approval for future states and final site plan approval prior to construction of each state or phase.

(k) Initial construction on the first phase of the project must begin within two years of approval from Lawrence Township.

(l) In the opinion of the Building and Zoning Official, amendments to the approved PUD which increase the intensity of use or increase the impact on adjacent properties must be resubmitted to the Planning Commission for review and approval.

(4) Development agreements and financial guarantees.

(a) Upon approval of the PUD, the applicant shall develop, with the Township, a development agreement to ensure that all of the customary municipal improvement required by existing ordinances and regulations will be properly made and that funds will be made available by the applicant to ensure the installation of certain site improvements prior to any permits being issued.

(b) Financial guarantee shall be required by the Township in the form of a cash deposit, certified check, bond or other financial guarantee/instrument acceptable to the Township to ensure compliance with such requirements as infrastructure, drives, walks, parking, landscaping, or other features of the development.

(c) The financial guarantee shall be deposited with the Township at the time of issuance of the permit authorizing the project or activity. The Township shall release portions of the guarantee as work is completed on the project or activity and accepted by the Township Board.

(d) The developer shall establish a separate escrow account with the Township to cover such additional review costs as engineering, legal, or other professional assistance as may be required.

(5) Approval process. Submission, review, and recommendation of a planned unit development shall be subject to the following three-step process:

(a) Preapplication conference. Prior to submission of an application for a planned unit development, the applicant shall meet with the Building Official and other appropriate staff to outline the fundamental elements of the proposed development (location, acreage, residential density, nonresidential density, building types, specific uses, open space and natural features and proposed circulation). The applicant shall receive at the preapplication conference an explanation of ordinance requirements, procedures, and estimated time lines.

(b) Preliminary development concept. Prior to setting a public hearing on an application for a special use permit, the Planning Commission is required to review and comment on the preliminary development concept for the proposed PUD. The intent of the Planning Commission review is to provide as much feedback as possible on the applicant prior to the official public hearing as required in Article VIII. Prior to the Planning Commission's review of the preliminary development concept, the following information shall be submitted:

[1] Evidence of ownership or equitable interest in the proposed site of the PUD.

[2] Legal description and generalized location.

[3] Written, detailed description of the proposed uses.

[4] Unless requested otherwise, 12 copies of a conceptual site plan for the proposed development, which contains the following information:

[a] Readable scale.

[b] Existing zoning of the site and adjacent properties.

[c] Existing land use of the site and adjacent properties.

[d] Location of proposed structures, parking areas, and open space.

[e] Development summary data (acres, units, parking spaces, gross/net density, gross building square footage).

[f] General description of water, sanitary and storm drainage systems, including retention basins.

[g] Identification of existing natural features of the site and location of specific wetland area.

[h] Description of proposed landscape features, buffers, and pedestrian circulation system.

[i] Identification of existing and proposed easements.

[j] Identification of existing and proposed public and private rights-of-way and adjacent curb cuts.

[k] Identification of any proposed nonresidential land uses.

[5] Description of development ownership, proposed ownership form for residential and nonresidential components, and proposed maintenance concept.

(6) Final development plan. The final development plan for a proposed planned unit development shall meet the following additional requirements:

(a) The special use permit application and all supportive materials shall be submitted at least 30 days prior to the scheduled public hearing for the PUD.

(b) The application and supportive materials shall contain a site plan, which contains the information submitted for the preliminary development plan, plus the following information:

[1] Meets the requirements of Article VIII (Site Plan Review).

[2] Indicates engineering recommendations for water, sanitary sewer, storm drainage, natural gas, electric and telephone systems.

[3] Indicates recommended road alignments, existing contours and proposed topographic data.

[4] Indicates soil erosion and sedimentation control procedures.

[5] Detailed landscape plans.

[6] Provides a specific schedule of the proposed development, including phasing for major construction features, open space provision, recreational features, common use areas, utilities, and landscaping requirements.

(c) The provision of studies which may be required by the Township, at the applicant's expense, which address issues such as, but not limited to, traffic circulation and safety, utility systems, and environmental impact.

(d) The final development plan shall meet the requirements of reasonable development standards as established by the Township.

(e) A decision shall be made by the Township within 60 days unless extraordinary circumstances prohibit a decision.

B. Commercial communication towers.

(1) Intent. It is the intent of this section to provide regulations controlling the placement, design, modification and construction of commercial communication towers including their accessory uses.

(2) Definition. As used in this section, the following terms shall have the meanings indicated:

COMMUNICATION TOWER

A radio, telephone, cellular telephone or television relay structure of skeleton framework, or monopole attached directly to the ground or other structure utilized for the transmission or reception of radio, telephone, cellular telephone, television, microwave, or any other form of telecommunication signals. Not included in this definition are: citizen's band radio facilities, short wave facilities, ham and amateur radio facilities, residential television reception antenna/satellite dishes, and government facilities which are subject to state and federal law or regulations that preempt municipal regulatory authority.

(3) Regulations. The following regulations shall govern the placement, design, modification and construction of commercial communication towers including their accessory uses.

(a) Special use permit. Communication towers are permitted in District C (Commercial) and District I (Industrial) with the approval of a special use permit. Communication facilities which are proposed to attach to existing, preapproved communication towers shall be approved by the Building Official if they meet all the conditions established by the original special use permit.

[Amended at time of adoption of Code (see Ch. 20, Code Adoption, Art. II)]

(b) Site plan review. Communication tower applications must receive site plan approval from the Planning Commission.

(c) Engineering certification. The application shall provide verification that the antenna mount and structure have been reviewed and approved by a professional engineer and that the proposed installation is in compliance with all the applicable codes. The communication tower must be set back from all property lines a distance equal to its height, unless engineering specifications have been verified by the Building Official that the structural integrity of the communication tower will withstand high winds and impacts, and the likelihood of a communication tower failure is minimal. The support structure for the communication tower shall be contained within the parcel within which the proposed tower is located. The applicant shall incur all cost associated with the Township Engineering review. The applicant shall provide reverification that the antenna mount and structure remain in compliance when additional co-located antennas are installed.

(d) Airport locations. Communication towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or 1/2 mile of a helipad.

(e) Co-locations. Applications for communication towers must be accompanied by documentation that the applicant has investigated the potential of co-location of sharing tower facilities with other providers. That documentation must include written evidence that the applicant has had direct communication and response regarding the potential for co-location or sharing tower facilities with the owners/operators of all existing communication towers within the Township. Applications for communication devices to be located on existing towers or structures may be approved by the Building Official, providing all other requirements of this section are complied with.

(f) Spacing. In order to prevent a concentration of towers in one geographic area, the minimum spacing distance between communication towers shall be two miles.

(g) Height. The maximum height of a communications tower shall be 200 feet.

(h) Accessory structures. Accessory structures are limited to the use associated with the operation of the communications tower. Accessory structures shall not exceed 600 square feet in area and a height of 20 feet. Accessory structures shall not be located closer than 30 feet from all property lines.

(i) Design certification. The final plans for the communications tower shall be certified by a registered structural engineer and meet all requirements of the Federal Communications Commission, the National Environmental Policy Act of 1969,[1] and the Federal Aviation Administration.

[1] Editor's Note: See 42 U.S.C. § 4321 et seq.

(j) Liability. The applicant shall provide documentation that indemnity and insurance provisions exists for the communications tower in the event that the provider abandons the structure. The specific dollar amount of the indemnity and insurance provisions shall be approved by the Township and that the cancellation of such policy shall not be effective without the approval of the Township.

(k) Mandatory permit requirements. The following are additional regulations pertaining to communications towers:

[1] All towers shall be equipped with an anticlimbing device to prevent unauthorized access.

[2] Antennae and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable local statues.

[3] All towers shall be located so that they do not interfere with reception in nearby residential areas.

[4] Towers shall not be artificially lighted unless required by the Federal Aviation Administration.

[5] There shall be no permanent employees located on the site.

(l) Landscaping, screening, fencing and buffering: Landscaping, screening, fencing and buffering plans shall be submitted for review and approval.

(m) Abandonment. The communication tower shall by removed by the property owner or lessee within three months of being abandoned. The tower shall be removed to the top of the footing.

(n) Unsafe and unlawful communications towers: When any communications tower is determined to be unsafe or is unlawfully erected or maintained and is found to be in violation of the provisions of this chapter, the use of the tower shall be discontinued until all violations are corrected or it shall be removed.

C. Private roads. Private roads in unplatted areas of Zoning Districts A-1 and R-1, serving two or more family dwellings and pursuant to special use permit, Article VII, shall meet the following criteria:

(1) Shall be established within a legally recorded easement of 66 feet in addition to the zoning district requirement for lot width.

(2) Shall only provide access for parcels abutting the private road.

(3) Shall be built to County Road Commission standards for public roads as reviewed and approved by the County Road Commission. All private roads shall include a vehicular turnaround approved by the Lawrence Township Fire Department.

(4) Shall be established with a legally recorded agreement for all contiguous lots, providing for the maintenance of the road.

D. Mobile home parks.

(1) Intent.

(a) It is the intent of this section to provide for the establishment, in a district of comparable intensity of land use, well-designed mobile home parks. The regulations and conditions contained in this section are designed to ensure that mobile home parks will provide a comfortable and pleasing environment for persons who seek mobile home residence.

(b) Regulations and conditions contained in this section are intended to ensure that mobile home park developments will be served adequately by essential facilities and services, such as access streets, public water, sanitary sewer and storm drainage facilities, refuse disposal, schools, and police and fire protection.

(c) The Planning Commission may, by the issuance of a special use permit, authorize the establishment of a mobile home, and such authorization shall be granted only when all the applicable procedures and requirements stated herein are complied with.

(2) General requirements, restrictions and standards.

(a) Minimum project area. Minimum project area for a mobile home park development shall be 15 acres.

(b) Location. Mobile home parks may be located only in those zoning districts identified in this chapter, upon approval of the Planning Commission and in accordance with the following standards:

[1] The site shall be adjacent to and serviced by a major arterial or county primary street.

[2] The site shall be serviced by existing or programmed essential public facilities and services such as access streets, water, sanitary sewer and storm drainage facilities, and police and fire protection.

(c) Uses permitted. Only the following land and/or building uses may be permitted under the provisions of this section:

[1] Mobile homes as defined in this chapter.

[2] One office building exclusively for conducting the business operations of the mobile home park.

[3] Utility buildings for laundry facilities and auxiliary storage space for mobile home tenants.

[4] Recreation areas, community buildings, playgrounds and open space for use by mobile home park tenants.

[5] Such additional accessory buildings and uses as are customarily incidental to mobile home park development, except that this shall not include the sale of mobile home units other than by their individual resident owners or the servicing of mobile home units except as is required for normal maintenance by the individual resident owner or his contractors.

[6] Signs pertaining exclusively to the mobile home park.

(d) General development standards. The design and development of mobile home parks shall be subject to all current provisions of the Mobile Home Commission General Rules as adopted by the Michigan Mobile Home Commission, or any successor agency, which are hereby incorporated by reference as a part of this chapter.

(e) Operating standards:

[1] The operation and business practices of mobile home parks shall be subject to all current provisions of the Mobile Home Commission General Rules as adopted by the Michigan Mobile Home Commission, or any successor agency, which are hereby incorporated by reference as a part of this chapter.

[2] No part of any mobile home park shall be used for nonresidential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of mobile home parks.

E. Family accessory apartment or housing.

(1) Intent. It is the intent of this section to provide standards that will allow extended family living in traditional single-family neighborhoods. Such provisions will permit the conversion of a single-family dwelling to include an accessory apartment as a means of accommodating an elderly parent or other family member. Also permitted will be the placement of detached, removable, self-contained residential units designed for installation on the same lot as the principal dwelling.

(2) Accessory apartment. In addition to the requirements of this section, the following provisions shall be met:

(a) Principal dwelling must be owner-occupied.

(b) Improvement must meet applicable codes.

(c) Additional parking provided per zoning code.

(d) If necessary, additional sanitary services provided.

(3) Family accessory housing. Detached, removable, self-contained units, in addition to meeting the requirements of this section, shall meet the following provisions.

(a) Only owner of principal dwelling may install accessory unit.

(b) Accessory unit shall be removed upon cessation of occupancy of extended family member.

(c) Accessory unit must meet front and side yard setbacks of the district in which it is located.

(d) Planning Commission may establish temporary rear yard setback for accessory unit.

(e) Accessory unit shall meet applicable codes for manufactured housing.

(f) Applicant for accessory unit shall document medical or hardship need.

(g) Bonding, or other economic guarantee satisfactory to the Township Board, shall be provided to assure the removal of the accessory unit upon cessation of use. Must be filed with the Township Clerk.

(h) Provisions of Article VIII (Site Plan Review) shall apply.

(4) Time limits.

(a) The Planning Commission shall establish a time limit, not to exceed five years, unless extended by the Township Board at the end of the initial term, on the utilization of the accessory unit.

(b) Notification to be provided to the Township Assessor and Clerk.

F. Private or public junkyard.

(1) Intent. It is the intent of this section that certain minimum standards of operation be established for junkyards as uses that, because of prior functional characteristics, have a high potential of impact on surrounding properties or the aesthetic quality of the community as a whole.

(2) Such uses shall be established and maintained in accordance with all applicable State of Michigan statutes and regulations.

(3) The minimum site area allowable for a junkyard shall be 10 acres.

(4) All junkyards shall be fenced around the entire periphery of the property in use with a solid screen of sound construction, painted, or otherwise finished neatly and inconspicuously.

(5) All storage activities shall be confined within the fenced areas.

(6) Fences shall be set back 100 feet from any public street.

(7) No burning shall be allowed so as to create a nuisance.

(8) Junk and other debris may not be stacked in any manner such that it could be visible outside the site from the base of the fence. Junkyards shall not be located in areas which are impossible to screen from view from adjacent properties or public streets.

(9) Those junkyard uses of land or structures which involve and are limited to the storage of used, inoperative motor vehicles, salvage and resale of used motor vehicle parts and the cartage of motor vehicles in wrecked or inoperable condition shall comply with the following minimum standards for site development:

(a) All such uses may only be granted a special use permit if all license and regulatory requirements of the Michigan Department of State, Bureau of Automobile Regulation (or successor), Michigan Department of Environmental Quality, and other state agencies having jurisdiction have been fully complied with.

(b) All activities involving motor vehicle storage, salvage of used motor vehicle parts, assembly of parts, cutting or welding activities and repair of motor vehicle components shall be confined within screened enclosed as required in the subsection immediately following.

(c) Outdoor motor vehicle storage and all permitted and related activities shall be screened by an opaque fence or wall, earthen berm covered with turf or other plantings, or by a dense evergreen planting. Such screening shall be designed so as to obstruct view of stored materials and salvage operations from public streets and occupied structures on adjoining lands. Such screenings shall be shown on the site plan submitted for approval in connections with the special use permit application.

(d) Screening required in connection with this section shall be set back a minimum of 100 feet from any public street.

(e) Every effort shall be made to prevent oil, gasoline, and hydraulic fluids from entering the soil.

(f) No burning shall be allowed so as to create a nuisance.

(g) Motor vehicles, motor vehicle components or other materials or equipment associated with this use shall be stacked or piled so as not to be visible from the base of the fence.

(h) Steps satisfactory to the District Health Department and the Township shall be taken to control rats and other rodents on the site.

(10) In addition to application fees for special use permit or site plan review that may apply, an initial license fee of $100 shall accompany an application for a license to the Township Clerk.

(11) A renewal license fee paid annually on the first day of April shall be paid by each applicant in the sum of $100 to the Township Clerk.

G. Sand, gravel, or mineral extraction operations.

(1) Procedural rules and regulations. Applications for a permit to mine shall be made on an form supplied by the Building and Zoning Department. The removal of sand, gravel or an earth change clearly incidental is exempt from this chapter.

(2) General site plan requirements. In addition to the necessary application, payment of fees and compliance with the site plan requirements of § 1-8.4, the petition shall be accompanied plans drawn to a scale of one inch equals 100 feet, and said plan shall also include the following information:

(a) Name and address of the owner(s) of the land from which removal will take place.

(b) Name, address and telephone number of person, firm or corporation who will be conducting the actual removal operation.

(c) Location, size and legal description of the total site area to be mined.

(d) The progressive phase unit extraction and reclamation plan for both the total project and each phase unit and shall include:

[1] The method and direction of extraction.

[2] Surface overburden stripping plans.

[3] The depth of grade level over the entire site from which the material will be removed.

[4] Provisions for grading, revegetation, and stabilization that will minimize soil erosion, sedimentation and public safety problems.

[5] Provisions for buffer areas, landscaping and screening.

[6] Description of location of each phase, number of acres included in each phase, estimated length of time to complete each phase, and the amount of time projected to complete the entire project.

(e) Drainage on and away from the mining area showing directional flow of water in drainage ways, natural watercourses and streams, intermittent and flowing, including discharge from the extraction operation.

(f) The proposed haul route that it is expected will be the predominate traffic pattern for vehicles to and from the site.

(g) The location and size of any processing equipment and/or structure.

(h) Estimated length of time to complete the entire operation.

(i) Area in acres from which excavation will take place in the first year of operation and successive years to completion.

(j) A detailed plan of operation for stripping topsoil and overburden, stockpiling, excavating and rehabilitating. Details shall include depths of cuts and fills and the type of fill, if any is proposed.

(k) Measures to be taken by the applicant to control noise, vibration, dust, and traffic.

(3) Reclamation during operation and following termination or abandonment.

(a) Progressive reclamation. All phase units shall be reclaimed progressively as they are worked out to the extent that they shall be reasonably natural and inconspicuous and shall be reasonably lacking any hazards. All slopes and banks shall be graded to angles which do not exceed three feet horizontal to one foot vertical.

(b) Sufficient topsoil shall be stockpiled on the premises and promptly redistributed on abandoned areas or where extraction operations have been substantially discontinued for any period in excess of one year. Such areas shall then be seeded with at least temporary protection the first year and by the second year, permanent seeding to stabilize the soil, lessen soil erosion potential and encourage proper growth. Seeds and fertilizer shall be applied according to recommendations by the Natural Resources Conservation Service and this chapter.

(4) Site development requirements.

(a) Setbacks in which no part of the mining operation may take place, excepting ingress or egress shall be as follows:

[1] Excavation shall not take place less than 50 feet from any adjacent property line.

Exception: The Planning Commission may authorize the complete removal of material to an adjacent property line in situations where two extraction operations share a common property line, provided written authorization is received from both property owners.

[2] Excavation shall not take place less than 50 feet from any county-designated primary road right-of-way.

[3] Excavation and stockpiling shall not take place closer than 50 feet from any county-designated secondary road right-of-way.

[4] No fixed machinery shall be erected or kept within 100 feet of any property or street right-of-way.

(b) Fencing.

[1] The Planning Commission shall, in establishing the requirements for fencing of the operation, take into account the scale of the operation, the population density in the surrounding areas, and the potential hazard to the health, safety and welfare of the citizens of Van Buren County. If fencing is deemed a requirement of the permit to mine, the Planning Commission shall specify the location of the required fencing.

[2] The owner shall install and maintain fencing around the perimeter of the site or around the cell which is being mined. The fence shall consist of four-foot woven wire farm fence with one strand of barbed wire on the top, or greater. The fence shall be securely attached to support posts not greater than 16 1/2 feet apart.

(c) Interior traveled surfaces. Interior access roads, parking lots, haul loading and unloading areas shall be watered or chemically treated so as to limit the nuisance caused by windblown dust.

(d) Ponded areas. Should the final result of the excavation result in the creation of a body of water, the perimeter of the excavation shall be graded to a slope not to exceed three feet horizontal to one foot vertical to the seasonal low-water level.

(5) Reclamation upon termination or abandonment.

(a) An operator shall remove all worthless debris and rubbish from the plant site and mining area within one year of the date of termination of operations or abandonment of the property.

(b) A mining area shall be reclaimed by an operator pursuant to these rules by the end of the permit period or within the time set forth in the operator's reclamation plan approved by the Planning Commission.

(c) Grading. All slopes and banks shall be graded to a minimum of a 3:1 slope and treated in the following manner to prevent soil erosion:

[1] Standards for seeding rates, fertilizer and mulching shall be adhered to if they are recommended by the Natural Resources Conservation Service or County Cooperative Extension Service and approved by the Planning Commission.

[2] The owner/operators are required to contact the Natural Resources Conservation Service or County Cooperative Extension Service for assistance in land reclamation.

(d) Upon written request of an operator, the Planning Commission may grant an extension of the reclamation period if such an extension is warranted and believed necessary to obtain an acceptable reclamation result.

(e) Equipment removal. Upon cessation of mining operations, the operating company, within a reasonable period of time, not to exceed 12 months thereafter, shall remove all structures, building, stockpiles and equipment.

(6) Notice of abandonment; evidence of continuing use:

(a) An operator shall submit written notice to the Planning Commission within six months of abandonment of the extraction area or any portion thereof.

(b) When activities on or use of the mining area, or any portion thereof, have ceased for more than one year, or when, by examination of the premises by other means, the Planning Commission determines that the mining area or any portion thereof has in fact been abandoned by an operation, the Planning Commission shall give the operator written notice of its intention to declare the mining area or portion thereof abandoned.

(c) Within 30 days following receipt of the notice, the operator shall have an opportunity to submit evidence that the use of the mining area or portion thereof is continuing. If the Planning commission finds the evidence satisfactory, it shall not make the declaration.

(7) Financial guarantees.

(a) Before issuance of a permit, there shall be filed by the applicant a surety bond, executed by a reputable surety company authorized to do business in the State of Michigan, or an irrevocable bank letter of credit or cash bond running to the Lawrence Township Board, conditioned upon the prompt compliance with all provisions of this section and the requirements of the county and state.

(b) The Planning Commission shall, in establishing the amount and type of financial guarantee, consider the scale of the operations, the prevailing cost to rehabilitate the property upon default of the operator, court costs and other reasonable expenses likely to be incurred by the Township, where the surface mine is located.

(c) In determining the area for which the guarantee must be supplied, the Planning Commission may consider the following:

[1] Any area stripped of topsoil or overburden.

[2] Any area from which material is extracted.

[3] Any area utilized for stockpiling, extracted material, overburden and topsoil.

[4] Any area which from a past year of operations has not been fully rehabilitated on the annual anniversary of the issuance of the special use permit.

[5] Any other land determined by the Planning Commission as integral to the operation, which is directly deemed by it to warrant protection under financial guarantee.

[6] Future use of property mined.

(d) The amount of the bond may be reduced at a rate equal to the ratio of work completed on the required improvements as work progresses. The term "improvements" should not be construed to mean the project itself, but rather those features associated with the project which are deemed necessary to protect the health, safety and welfare of Lawrence Township's or Van Buren County's resources and future users or inhabitants of the proposed project.

(8) Hours of operation.

(a) The owner(s) and/or operators shall conduct said extraction operation, and use equipment located thereon, only between the following designated hours:

[1] Hours of operation for all phases of the operation which include, but are not limited to: excavation, hauling, processing, to between 5:00 a.m. to 10:00 p.m., Monday through Saturday, with no Sunday or holiday operations. The holidays shall include the following:

[a] Memorial Day.

[b] Labor Day.

[c] New Year's Day.

[d] Thanksgiving Day.

[e] July 4th.

[f] Christmas.

(b) Additional emergency hours may be allowed by prior approval by the Planning Commission when it is shown that extenuating circumstances exist.

(9) Additional site development requirements. No machinery shall be erected or maintained within 100 feet of any property or road right-of-way line. Secondly, no processing equipment or machinery shall be maintained or stored outside the limits of the mining activity area as delineated by the site plan.

(10) Prohibited uses. The storage or accumulation of abandoned machinery, vehicles, or other equipment, tires, trash or junk shall not be permissible in any mining operation.

The dumping or depositing by other means of human waste or garbage shall not be permissible in any mining operation.

(11) Haul routes.

(a) Interior haul routes.

[1] Interior haul roads shall be as indicated on the general site plan.

[2] Interior haul roads, parking lots, and loading areas shall be watered or chemically treated so as to limit the nuisance of windblown dust.

(b) Exterior haul roads. Before the issuance of a permit to mine, the applicant shall provide the Planning Commission an agreement between the applicant and the Van Buren County Road Commission concerning road maintenance.

(12) Conditions and safeguards. The Planning Commission may impose such additional conditions and safeguards deemed necessary for the public health, safety or general welfare, for the protection of individual property rights, and for ensuring the intent and purpose of this chapter. The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted.

(13) Issuance of a permit to mine. Permits for surface mining shall be issued to the operator. When an operator disposes of his interest in an extraction area prior to final reclamation by sale, lease, assignment, termination of lease, or otherwise, the Planning Commission may release the operator from the duties imposed upon him by this chapter as to the operations, but only if the successor, operator or owner assumes the obligations of the former operator with reference to the reclamation activities. At that time, the permit to mine may be transferred.

(14) Permit expiration. If approval for a permit to mine is granted by the Planning Commission, it shall be for a specific period of time not to exceed five years. Those permits granted for a period exceeding one year shall be inspected a minimum of once a year by the Zoning Administrator to ensure compliance with the permit and this chapter.

(15) Violations. Violation notices shall be issued in the same manner as for notices of abandonment described in Subsection G(6).

(16) Modification of the general site plan.

(a) The general site plan may be modified at any time by mutual consent of the operator and the Planning Commission to adjust to changed conditions, technology or to correct an oversight.

(b) Planning Commission, which may allow the modification of the general site plan when:

[1] Modification of the plan is necessary so that it will conform with the existing laws.

[2] It is found that the previously approved plan is clearly impossible or clearly impractical to implement and maintain.

[3] The approved plan is obviously not accomplishing the intent of this chapter.

(17) Existing nonconforming operations.

(a) Any existing nonconforming sand, gravel or mineral extraction operation that lawfully existed at the effective date of this amendment may continue operations within the boundaries of the excavated areas, haul routes, loading or processing zones that exist on that date. Any expansion outside of the boundary of these combined areas as they exist on the effective date of this amendment will require submission of an application for special use permit and site plan under the provisions of Article VII and Article VIII of this chapter.

(b) In order to determine the boundaries of the excavated areas, haul routes, or loading or processing zones, the Planning Commission may consider any area stripped of topsoil or overburden, any area from which material is being extracted, any area utilized for stockpiling, extracted material, overburden and topsoil, or any area other than land determined by the Planning Commission as integral to the operation.

H. Campgrounds. A facility where sites are offered for use by the public, either free of charge or for a fee, for the establishment of temporary living quarters. Temporary living quarters means a tent, recreational vehicle, or any portable temporary housing designed to be carried or towed by a vehicle and placed for temporary living quarters. "Campground" shall not be construed to include any facility or portion of a facility where such temporary housing sites are purchased by users or not owned by the facility owner, including but not necessarily limited to condominium ownership.

[Amended 9-14-2023]

(1) Campgrounds with one to four campsites additional requirements.

(a) Campgrounds and associated recreation areas must have frontage on a public road.

(b) Campgrounds and associated recreation areas incidental thereto must contain at least five acres of camping and recreation area.

(c) No site shall be occupied by the same tenant for more than 90 consecutive days during the period of June 1 through November 30. Occupancy during the period of December 1 through May 31 shall not exceed 14 consecutive days.

(d) A site in a campground shall have access from either a public or internal private roadway.

(e) Setbacks are per zoning district requirements.

(f) The maximum number of persons allowed to occupy a site shall be limited to eight.

(g) All construction of amenities, including but not limited to, bath/shower houses, swimming pools, community buildings, laundry facilities, etc., shall be in accordance with the Michigan Building Code, as amended. All electrical, plumbing, and mechanical work shall be in compliance with applicable State of Michigan Codes, as amended.

(h) Internal private road rights-of-way shall not be less than 66 feet wide. The driving surface shall have an aggregate surface at least 20 feet in width and at least a two-foot-wide shoulder on each side. The right-of-way shall be free of obstructions, provide free and easy access to abutting sites, and shall be maintained in a passable and reasonably dust-free condition. The campground owner shall ensure that vehicles do not park in the road right-of-way.

(i) A campground shall be served by an approved water and septic system.

(j) All connections to the water distribution system, as well as the top of the site sewer connections, shall be located above the elevation defining the 100-year floodplain.

(k) A campground that provides customer site piping must convey water from the service connection to the points of use within the campground, as provided for in the Safe Water Drinking Act, Public Act 399 of 1976, as amended, and rules promulgated under the Act. A campground shall provide a private sewer collection system as permitted by the Michigan Department of Environment, Great Lakes, and Energy meeting the requirements of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended, and rules promulgated under the Act.

(2) Campgrounds with five or more campsites additional requirements.

(a) Campgrounds and associated recreation areas must have frontage on a public road.

(b) Campgrounds and associated recreation areas incidental thereto must contain at least five acres of camping and recreation area.

(c) Areas designed for travel trailers, camp trailers, and/or tent trailers must meet the applicable State of Michigan licensing requirements and such rules and regulations as may be promulgated by the State Health Commission and the State Council of Health.

(d) Any sale of foodstuff or merchandise shall be clearly incidental to the needs of the occupants and users of the campgrounds and associated areas therein and shall consist of packaged merchandise only.

I. Wineries, cideries and microbreweries.

[Added 7-13-2017]

(1) Intent. Wineries, cideries and microbreweries are welcomed by Lawrence Township as appropriate farm activities. It is the Township's intent to promote local agricultural production by allowing construction of a tasting room and retail sale of associated products in the agricultural district, subject to a special use permit. It is also the Township's intent to encourage the growing of crops and production as an integral component of the rural and agricultural ambience of Lawrence Township, and to maintain the viability of farming through value-added processing and direct sales of beverages made from locally grown crops.

(2) General requirements, restrictions, and standards. Wineries, cideries and microbreweries are permitted by special use permit in the Township, provided:

(a) The winery, cidery, or microbrewery shall obtain and maintain all necessary licenses, permits, and permissions to operate under federal, state, and local law and regulations.

(b) Production limitations:

[1] Wineries may produce up to 50,000 U.S. liquid gallons of wine, brandy, or a combination of both, during one calendar year, in total;

[2] Cideries may produce up to 50,000 U.S. liquid gallons of cider, whether fermented or unfermented, brandy, or a combination of both, during one calendar year, in total;

[3] Microbreweries may produce up to 30,000 barrels (one barrel equaling 31 U.S. liquid gallons) of an alcoholic beverage created by fermentation of an infusion or decoction of barley, malt, hops, or other cereal grains in potable water.

(c) Facility dimensional limitations:

[1] The parcel area on which the facility is permitted shall be at least 10 acres; the minimum parcel width shall be at least 200 feet;

[2] The total land area covered by the buildings and structures used for processing, storage, and sales shall not exceed 2% of the contiguous lot area;

[3] The aboveground portion of any individual building shall not be greater than 15,000 square feet; and

[4] All new buildings shall meet the same setback requirements for the zoning district the parcel is located in. If a building is open to the public, that building shall be set back at least the required setback distance from the respective lot line for the zoning district the parcel is located in. Any legal nonconforming building may have any setback distance reduced subject to Planning Commission approval to encourage the use of existing buildings.

(d) Operations open to the public:

[1] Consumption of alcoholic beverages at the facility by the public shall be limited to tasting-room quantities. No member of the public may imbibe more than four twelve-ounce beers at 5% alcohol by volume, four five-ounce glasses of wine at 12% alcohol by volume, or four one-point-five-ounce servings of distilled spirits at 40% alcohol by volume, or an equivalent amount of alcohol (such as eight twelve-ounce beers at 2.5% alcohol by volume) in any given day at the facility. In order to facilitate tasting, the facility may offer tasting-room-size cups or glasses to facilitate tasting. However, the limits on the amount of alcohol permitted to be consumed on any day by each member of the public is as stated above.

[2] Tours, tasting rooms, and areas may only be open to the public between the hours of 10:00 a.m. and 7:00 p.m. The public may only be offered alcohol products on site during those times.

(e) Adjunct food services may be provided. In conjunction with the above tasting room, adjunct food services may be provided. However, the following applies:

[1] No grill, stove, oven, fryer, smoker, or similar cooking equipment may be used at the facility for the preparation of food offered to the public at the facility;

[2] Only toasters, toaster ovens less than 20 inches by 20 inches by 20 inches or smaller, refrigerators, and microwaves are permitted;

[3] Food may be prepared off site; and

[4] The facility may not otherwise operate as a restaurant.

(f) Retail sales.

[1] Retail sales of merchandise, beverages, and advertising associated with the products produced at the facility are permitted. Only beverages produced at the facility or merchandise or advertising materials depicting products made at the facility may be sold at the facility.

[2] All retail sales shall be clearly subordinate to the production of the beverage produced.

[3] The retail sales shall be no more than 25% of the floor area devoted to the winery/brewery/cidery, but in no case shall it occupy more than 2,000 square feet of floor area.

(g) Additional limitations.

[1] Any special use permit granted pursuant to this section will terminate if the facility ceases to operate as a cidery, winery, or microbrewery for a period of nine months.

[2] No alcoholic beverage or alcoholic products other than those produced by the winery, microbrewery, or cidery be provided or sold on the premises. All alcoholic products must be for human consumption.

[3] It is a condition of any special use permit issued that the facility and owner shall comply with all federal, state, and local law or regulation regarding the sale, distribution, storage, and manufacturing of alcoholic spirits.

[4] The facility is subject to inspection to determine compliance with this chapter and other federal, state, and local laws and regulations.

[5] Parking spaces shall be provided in accordance with the requirements of § 1-10.1G.

J. Medical and/or recreational marihuana facilities.

[Added 12-12-2019; amended 6-11-2020]

(1) A medical and/or recreational marihuana facility may be authorized to operate within the Township by the holder of a state operating license, under the Medical Marihuana Facilities Licensing Act (MMFLA), Act 281 of 2016, as amended,[2] and/or under the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as amended,[3] respectively, as well as the rules promulgated under the respective statute, and all applicable local ordinances.

[2] Editor's Note: See MCLA § 333.27101 et seq.

[3] Editor's Note: See MCLA § 333.27951 et seq.

(2) Medical and/or recreational marihuana facilities may co-locate on the same property to the extent permitted by state laws and regulations.

(3) Medical and/or recreational marihuana facility licenses may stack to the extent permitted by state laws and regulations.

(4) No medical and/or recreational marihuana facility shall be located within 1,000 feet of any school or public park/playground, with the minimum distance between uses measured between the facility and the nearest property line of the school or public park/playground.

(5) Outdoor trash containers or dumpsters may be required in order to control the disposal of waste or by-products from any facility operation. When required, an outdoor trash container or dumpster shall be subject to the following:

(a) The placement of the container shall be subject to site plan review.

(b) Adequate vehicular access shall be provided to the container which does not conflict with the use of the parking areas or access drives.

(c) All containers shall rest on a concrete pad.

(d) A solid ornamental screening wall or fence shall be provided around all sides of the container and shall include an access gate. The screening wall or fence and gate shall be of sufficient height to completely screen the container.

(e) The container, screening wall or fence, and gate shall be maintained in a neat and orderly manner, free from debris.

(6) A medical and/or recreational marihuana facility shall be reviewed in consideration of the following:

(a) Lighting. The placement and arrangement of outdoor lighting serving the facility shall provide adequate security and comply with the outdoor lighting standards set forth in § 1-9.6.

(b) Noise. Noise and vibration shall be minimized in their effect upon the surrounding area by the utilization of modern equipment designed to accomplish such minimization and the use of walls and vegetative buffers/screens.

(c) Odor. Odor shall be minimized in its effect upon the surrounding area by the utilization of a modern odor control system designed to accomplish such minimization and operational procedures.

(d) Environment. Information on the storage and use of products, water and energy consumption, and waste disposal associated with a facility will be required to allow for an assessment of potential impacts on the site and surrounding area and the applicability of state and local regulations.

(e) Traffic. A facility shall be located in consideration of the ingress/egress, loading and travel patterns of the traffic associated with the operation of the facility, with specific attention toward avoiding the creation of traffic through a predominantly residential area.

(f) Security. Security measures, such as fencing, access controls, and video surveillance, will be considered in determining the ability of the facility to adequately provide for public safety.

(g) Impact on neighboring property. Barriers and/or buffers, facility separations, and/or operational requirements may be applied to minimize identified injurious or annoying impacts on surrounding properties.

K. Large solar energy systems.

[Added 7-9-2020]

(1) Purpose and intent. The purpose and intent of this subsection is to establish standards for the siting, installation, operation, repair, decommissioning and removal of large solar energy systems.

(2) Site plan drawing and supporting materials. All applications for a large solar energy system's use must be accompanied by detailed site plans, drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information:

(a) All requirements for a site plan contained in the Code of the Township of Lawrence.

(b) All lot lines and dimensions, including a legal description of each lot or parcel comprising the large solar energy system.

(c) Names of owners of each lot or parcel within Lawrence Township that is proposed to be within the large solar energy system.

(d) Vicinity map showing the location of all surrounding land uses.

(e) Location and height of all proposed solar arrays, buildings, structures, electrical tie lines and transmission lines, security fencing, and all aboveground structures and utilities associated with a large solar energy system.

(f) Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing and all aboveground structures and utilities on the property.

(g) Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the large solar energy system and within 100 feet of all exterior property lines of the large solar energy system.

(h) Proposed setbacks from the solar array(s) to all existing and proposed structures within the large solar energy system.

(i) Land elevations for the solar array's location and the relationship to the land elevations of all existing and proposed structures within the large solar energy system at a minimum of five-foot contours.

(j) Access driveways within and to the large solar energy system, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access drives shall be subject to Van Buren County Road Commission approval and shall be planned so as to minimize the use of lands for that purpose.

(k) Planned security measures to prevent unauthorized trespass and access during the construction, operation, removal, maintenance or repair of the large solar energy system.

(l) A written description of the maintenance program to be used for the solar array and other components of the large solar energy system, including decommissioning and removal. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the large solar energy system is decommissioned.

(m) Planned lightning protection measures.

(n) Additional details and information as required by the special use permit requirements of the Code of the Township of Lawrence, or as required by the Planning Commission.

(3) Application escrow account. An escrow account shall be deposited with the Township by the applicant when the applicant applies for a special use for a large solar energy system. The monetary amount deposited by the applicant in escrow with the Township shall be the amount of $10,000, to cover all reasonable costs and expenses associated with the special use review and approval process, which costs shall include, but are not limited to, reasonable fees of the Township Attorney, Township Planner and Township Engineer, as well as costs for any reports or studies that are reasonably related to the zoning review process for the application. Such escrow amount shall be in addition to any filing or application fees established by resolution. At any point during the special use review process, the Township may require that the applicant place additional funds into escrow with the Township if the existing escrow amount deposited by the applicant is deemed insufficient by the Township. If the escrow account needs replenishing and the applicant refuses to do so within 30 days, the special use process shall cease unless and until the applicant makes the required additional escrow deposit. Any applicable zoning escrow resolutions or other ordinances adopted by the Township must also be complied with by the applicant. The Township shall provide a summary of all account activity to the applicant within a timely manner upon request. Any funds remaining within the escrow after approval of the special use shall be returned in a timely manner to the applicant.

(4) In addition to Township Building Codes, compliance with the County Building Codes and the National Electrical Safety Code is required. Construction of a large solar energy system shall comply with the National Electrical Safety Code and the County Building Code (as shown by approval by the county) as a condition of any special use under this section. In the event of a conflict between the County Building Code and National Electrical Safety Code (NESC), the NESC shall prevail.

(5) Certified solar array components. Components of a solar array shall be approved by the Institute of Electrical and Electronics Engineers ("IEEE"), Solar Rating and Certification Corporation ("SRCC"), Electronic Testing Laboratories ("ETL"), or other similar certification organization if the similar certification organization is approved by the Township, which approval shall not be unreasonably withheld.

(6) Height. Maximum height of a solar array, other collection device, components or buildings of the large solar energy system, excluding substation and electrical transmission equipment, shall not exceed 15 feet (as measured from the natural grade at the base of improvements) at any time or location on the property. Substation and electrical transmission equipment shall not exceed 100 feet.

(7) Lot size. A large solar energy system shall be located on one or more parcels with an aggregate area of 10 acres or greater.

(8) Setbacks. A minimum setback distance of 50 feet from all exterior property lines of the large solar energy system and existing public roads and railroad rights-of-way shall be required for all buildings and solar arrays, provided that a setback of 75 feet shall be required adjacent to any residential structure.

(9) Lot coverage. A large solar energy system is exempt from maximum lot coverage limitations.

(10) Screening/security. A large solar energy system shall be completely enclosed by perimeter security fencing to restrict unauthorized access. Such fencing shall be at least six feet in height with a one-foot extension arm consisting of a minimum of three strands of barbed wire placed above the fencing and slanting outward as measured from the natural grade of the fencing perimeter. Electric fencing is not permitted. The perimeter of large solar energy system shall also be screened and buffered by installed evergreen or native vegetative plantings whenever existing natural vegetation does not otherwise reasonably obscure the large solar energy system from adjacent residential structures, subject to the following requirements:

(a) The evergreen or native vegetative buffer shall be composed of native or evergreen trees that at planting shall be a minimum of four feet in height and shrubs two feet in height. The evergreen trees shall be spaced no more than 15 feet apart on center (from the central trunk of one plant to the central trunk of the next plant), native trees shall be placed no more than 30 feet apart on center and shrubs shall be spaced no more than seven feet apart on center. All unhealthy (60% dead or greater) and dead material shall be replaced by the applicant within one year, or the next appropriate planting period, whichever occurs first.

(b) All plant materials shall be installed between March 15 and November 15. If the applicant requests a final certificate of occupancy from the Township and the applicant is unable to plant during the installation period, the applicant will provide the Township with a letter of credit, surety or corporate guarantee for an amount equal to 1.5 times the cost of any planting deficiencies that the Township shall hold until the next planting season. After all plantings have occurred, the Township shall return the financial guarantee.

(c) Failure to install or continuously maintain the required vegetative buffer shall constitute a violation of this subsection, and any special use may be subject to revocation.

(11) Signage. No advertising or non-project-related graphics shall be on any part of the solar arrays or other components of the large solar energy system. This exclusion does not apply to entrance gate signage or notifications containing points of contact or any and all other information that may be required by authorities having jurisdiction for electrical operations and the safety and welfare of the public.

(12) Noise. No component of any large solar energy system shall emit noise exceeding 65 dBA as measured at the exterior property boundary or the existing ROW line.

(13) Lighting. All lighting for parking lots, driveways, external illumination of buildings, or the illumination of signs shall be directed away from and be shielded from adjacent properties and shall be so arranged as to not adversely affect driver visibility on adjacent public roads.

(14) Distribution, transmission and interconnection. All collection lines and interconnections from the solar array(s) to any electrical substations shall be located and maintained underground inside the large solar energy system, except in areas where technical or physical constraints make it preferable to install equipment aboveground. This requirement excludes transmission equipment meant to connect the project substation to the local transmission system.

(15) Abandonment and decommissioning. Following the operational life of the project, the applicant shall perform decommissioning and removal of the large solar energy system and all its components. The applicant shall prepare a decommissioning plan and submit it to the Planning Commission for review and approval prior to issuance of the special use. Under this plan, all structures, concrete, piping, facilities, and other project-related materials above grade and any structures up to 42 inches below grade shall be removed off site for disposal. Any solar array or combination of photovoltaic devices that is not operated for a continuous period of 12 months shall be considered abandoned and shall be removed under the decommissioning plan. The ground must be restored to its original topography within 365 days of abandonment or decommissioning. Restoration shall also include bringing soil to its predevelopment composition to ensure agricultural use upon restoration. Soil tests shall be required as a part of the decommissioning plan both before development and prior to decommissioning. Soil shall be brought back to predevelopment state within 365 days of abandonment or decommissioning.

(a) The applicant will obtain a surety bond for reclamation in an amount to be determined by Township Engineer as a condition of site plan approval.

(b) The Engineer will be able to review the size of the farm and the number of solar panels that will be installed. The amount of the surety bond would fluctuate depending on the size of the farm. Once the Engineer sets the surety bond amount, be sure to confirm that the applicant obtains it. This may be a condition of site plan approval.

(c) The surety bond is to remain in place for the length of the leases/contracts.

(16) Approval time limit and extension. Special use and site plan approvals, under this subsection, shall be valid for two years beginning on the date of Township Board approval. Once commenced, should construction cease for period of 12 consecutive months, the special use and site plan approvals shall be considered null and void. If construction began prior to the expiration date established by Township Board approval, the special use and site plan approvals shall remain in force as long as construction continues toward a reasonable date of completion. However, if requested by the applicant prior to the expiration date established by Township Board approval, the Township Board may consider an additional one-year period upon showing of good cause for the extension.

(17) Conditions and modifications. Any conditions and modifications approved by the Planning Commission shall be recorded in the Planning Commission's meeting minutes. The Planning Commission may, in addition to other reasonable conditions, require landscaping, walls, fences and other improvements that are reasonable in relation to and consistent with the nature of the applicable or adjacent zoning districts. After approval, at least two copies of the final approved site plan shall be signed and dated by the Chairperson of the Planning Commission and authorized representative of the applicant. One copy shall be kept on file by the Township Clerk, and one copy shall be returned to the applicant's authorized representative.

(18) Inspection. The Township shall have the right, at any reasonable time, to provide a twenty-four-hour notice prior to the desired inspection to the applicant to inspect the premises on which any large solar energy system is located. The Township may hire one or more consultants, with approval from the applicant (which shall not be unreasonably withheld), to assist with inspections at the applicant's or project owner's expense. Inspections must be coordinated with, and escorted by, the applicant's operations staff at the large solar energy facility to ensure compliance with the Occupational Safety and Health Administration (OSHA), NESC and all other applicable safely guidelines.

(19) Maintenance and repair. Each large solar energy system must be kept and maintained in good repair and condition at all times. If the Township Zoning Administrator determines that a large solar energy system fails to meet the requirements of this subsection and the special use, or that it poses a safety hazard, the Zoning Administrator, or his or her designee, shall provide notice to the applicant of the safety hazard. If, after a reasonable cure period (not to exceed seven days), the safety hazards are not corrected, the applicant is entitled to a hearing before the Township Board. If the Township Board determines that the safety hazard requires that the large solar energy system must be shut down, the applicant shall immediately shut down the large solar energy system and not operate, start or restart the large solar energy system until the issues have been resolved. The applicant shall keep a maintenance log on the solar array(s), which shall be available for the Township's review within 48 hours of such request. The applicant shall keep all sites within the large solar energy system neat, clean and free of refuse, waste or unsightly, hazardous or unsanitary conditions.

(20) Roads. Any material damages to a public road located within the Township resulting from the construction, maintenance or operation of a large solar energy system shall be repaired at the applicant's expense. In addition, the applicant shall submit to the appropriate county agency a description of the routes to be used by construction and delivery vehicles and any road improvements that will be necessary to accommodate construction vehicles, equipment or other deliveries. The applicant shall abide by all county requirements regarding the use and/or repair of county roads.

(21) Continuing security. If any large solar energy system is approved for construction under this subsection, the applicant shall post decommissioning security prior to the start of construction (in a mutually agreed upon form) for an amount necessary to accomplish the work specified in the decommissioning plan as agreed upon by the Township and applicant. The amount shall be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the large solar energy system. Such financial security shall be kept in full force and effect during the entire time that the large solar energy system exists or is in place, and such financial security shall be irrevocable and noncancelable.

(a) Continuing obligations. Failure to keep any required financial security in full force and effect at all times while a large solar energy system exists or is in place shall constitute a material and significant violation of the special use and this subsection, and will subject the large solar energy system applicant, owner and operator to all remedies available to the Township, including any enforcement action, civil action, request for injunctive relief, and revocation of the special use.

(22) Other requirements. Each large solar energy system shall also comply with all applicable federal, state and county requirements, in addition to other applicable Township ordinances.

(23) Prior to the issuance of any building permits, the Zoning Administrator must approve issued-for-construction plans sealed by a licensed Michigan professional engineer. The issued-for-construction plans must conform to all applicable dimensional and site design requirements, the applicable conditions of the resolution approving the SUP, and the site plan. The Zoning Administrator may approve minor deviations from the approved site plan contained within the issued-for-construction plans as long as the layout depicted is contained within the geographic area depicted on the site plan or where said deviation are less than 250 feet. The Fire Department must confirm all access roads and turnarounds shown on the issued-for-construction plans allow Fire Department vehicles to turn around and be maneuverable without impediment. The Planning Commission must approve all deviations beyond minor deviations.

L. Wind energy conversion systems.

[Added 7-9-2020]

(1) Purpose. This subsection has been developed with the intention of obtaining an appropriate balance between the desire for renewable energy resources and the need to protect the public health, safety, and welfare of the community and the character and stability of the Township's residential, agricultural, recreational, commercial and/or industrial areas and preserving and protecting the Township's important and sensitive environmental and ecological assets and areas, open space, viewscapes and aesthetics, wetlands, and other ecological and environmentally sensitive areas. The dangers of WECS are documented in various studies and include failling ice or "ice throws," sleep disturbance caused by nighttime wind turbine noise, danger to human health based on decibel levels, and other impacts.

(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ADVERSE SOUND CHARACTER

Sound that causes building rattle, is impulsive, tonal, or has low-frequency bass rumble.

AMBIENT

The sound pressure level exceeded 90% of the time over a ninety-six-hour measurement period with daytime/nighttime division.

ANSI

The American National Standards Institute.

AUDIBLE

The varying degrees of sound perception as reported by affidavit, including, but not limited to, just perceptible, audible, clearly audible, and objectionable.

dBA

The A-weighted sound level.

dBC

The C-weighted sound level.

DECIBEL (dB)

The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated "dB."

EMERGENCY WORK

Any work or action necessary to deliver essential services in an emergency situation, including, but not limited to, repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way, and abating life-threatening conditions.

EQUIVALENT SOUND LEVEL (or Leq)

The sound level measured in decibels with an integrating sound level meter and averaged on an energy basis over a specific duration.

EXCESSIVE NOISE

Sound that is determined by ordinance to be too loud or unnecessary or creates a noise disturbance.

GIS

Geographic information system and is comparable to GPS (global positioning system) coordinates.

L10

The noise level exceeded for 10% of the time of the measurement duration. This is often used to give an indication of the upper limit of fluctuating noise, such as that from road traffic.

L90

The noise level exceeded for 90% of the time of the measurement duration and is commonly used to determine ambient or background noise level.

NOISE

A sound, especially one that is loud or unpleasant or that causes disturbance. Any airborne sounds of such level and duration as to be or tend to be injurious to human health or welfare (well-being) or that would unreasonably interfere with activities or the enjoyment of life or property.

NONPARTICIPATING LANDOWNER

A landowner who has not signed a contract or any legal document with the WECS applicant and has not given up rights to their owned land to the WECS applicant.

PARTICIPATING LANDOWNER

A landowner who has leased land to the WECS applicant, received financial remuneration from the WECS applicant, recorded with the Van Buren County Register of Deeds said agreement, and has a contract with the WECS applicant. A participating landowner may also be called a "WECS contract leaseholder." A participating landowner may or may not have turbines or infrastructure located on their property.

PASQUILL STABILITY CLASS

Reference, wikipedia.org "Outline of air pollution dispersion."

QUIET RURAL OR RESIDENTIAL PROPERTY

Any property where there is an inherent expectation of quiet, including, but not limited to, all residential, business, or agricultural-zoned properties, single-family homes, and retirement homes.

SCADA (SUPERVISORY CONTROL AND DATA ACQUISITION)

A computer system that monitors and controls WECS units.

SOUND LEVEL METER

An instrument for the measurement of sound levels that meets the ANSI requirements of S1.4-1983 (or later revision) for Type 1 or 2 instruments. For frequency analysis, octave and 1/3 octave filters shall conform to ANSI S1.11-1986 (or later revision).

SURVIVAL WIND SPEED

The maximum wind speed, as designated by the WECS manufacturer, at which a WECS in unattended operation (not necessarily producing power) is designed to survive without damage to any structural equipment or loss of the ability to function normally.

TIP HEIGHT

The height of the turbine with a blade at the highest vertical point.

WECS APPLICANT

The person, firm, corporation, company, limited liability corporation or other entity, as well as the applicant's successors, assigns and/or transferees, which applies for Township approval (permit) to construct a WECS and WECS testing facility. An applicant must have the legal authority to represent and bind the participating landowner, or lessee, who will construct, own, and operate the WECS or testing facility. The duties and obligations regarding a zoning approval for any approved WECS or testing facility shall be with the WECS or testing facility owner, and jointly and severally with the owner, operator, and lessee of the WECS or testing facility if different than the WECS owner.

WIND ENERGY CONVERSION SYSTEM (WECS) TESTING FACILITY

A structure and equipment such as a meteorological tower for the collection of wind data and other meteorological data and transmission to a collection source, shall not be deemed to be a communication tower.

(3) Public utilities. Transmission lines, sewer lines, water mains, pumping stations, substations, poles, and related equipment owned or provided by public utility companies or by the Township shall be permitted in all zoning districts. Any equipment enclosures, substations, equipment storage buildings or similar structures shall be subject to the site plan review requirements. Any office, manufacturing, or sales buildings must be located in the Commercial or Industrial Zoning District. All communication towers or commercial wind energy conversion systems operated by public utility companies shall be subject to the requirements of Subsection L(5), Commercial wind energy conversion systems (WECS). Unless specifically noted, all WECS permit information and supporting documentation shall be allocated reasonable Township review time based on complexity and outside expertise review. Requirements shall be presented in written form and allow a minimum of 30 days before Township discussion. The Township may, at its discretion, review provided documents sooner than 30 days. Providing documents without time for the Planning Commission to review shall result in permit denial and require the WECS applicant to reapply. Each subsection herein requires approval by the Planning Commission unless otherwise noted. The Township shall review all documentation to assure that residents' health, welfare, and safety are not negatively impinged.

(4) Exempt towers and wind energy conversion systems (WECS). Communication towers, antennas, wind energy conversion systems (windmills, turbines) and related facilities located on the premises of a farm, home, or business and which do not primarily involve the sale of electricity or communication services off the premises shall be exempt from the requirements of Subsection L(5), Commercial wind energy conversion systems (WECS). However, exempt towers and WECS are subject to the following noise regulations Code of the Township of Lawrence. Such units shall be allowed as a permitted accessory use in all zoning districts, providing the electricity or communication services are primarily used on site for a farm, home or business. In the case of a WECS, the total height with the blade fully extended (tip height) shall not exceed 130 feet, and the minimum clearance from ground level to the blade at its lowest point shall be 20 feet. The minimum setback from property lines and road right-of-way lines shall be equal to three times the tip height of the unit (WECS blade at its highest point).

(5) Commercial wind energy conversion systems (WECS). Wind energy conversion systems and WECS testing facilities, other than those exempted under Subsection L(4), Exempt towers and wind energy conversion systems (WECS), shall only be allowed as special land uses in the A-1 Exclusive Agricultural Zoning District. Supporting data and documentation must be submitted in their entirety at time of application. The applicant shall provide to the Township updated documents throughout the lifespan of the WECS upon request by the Township Board or Planning Commission. The applicant shall also include the following:

(a) Permitting costs. An escrow account shall be set up when the applicant applies for a special use permit for a WECS and WECS testing facilities. The monetary amount filed by the applicant with the Township shall be in an amount in accordance with the Township Escrow Policy to cover all reasonable costs and expenses associated with the special use zoning review and approval process, which costs can include, but are not limited to, fees of the Township Attorney, Township Planner, and Township Engineer, as well as any reports or studies which the Township anticipates it may have done related to the zoning review process for the particular application. Such escrow amount shall include regularly established fees. At any point during the zoning review process, the Township may require that the applicant place additional monies into the Township escrow should the existing escrow amount filed by the applicant prove insufficient. If the escrow account needs replenishing and the applicant refuses to do so within 14 days after receiving notice, the zoning review and approval process shall cease until and unless the applicant makes the required escrow deposit. Any escrow amounts which are in excess of actual costs shall be returned to the applicant within 90 days of permitting process completion. An itemized billing of all expenses shall be provided to the applicant. The Township shall hire qualified professionals for each and any of the technical fields associated with the special use permit, such as, but not limited to, electrical, acoustics, environment, economics, wildlife, health, and land use.

(b) Environmental assessment. The applicant shall fund an environmental assessment or impact study and other relevant reports or studies (including, but not limited to, assessing the potential impact on endangered species, eagles, birds, and/or other wildlife) as required by the Township for review. Studies shall be limited to the area within three miles outside of the Township boundaries.

[1] The applicant shall perform preconstruction ground water testing on all wells located within the required setback distance of a proposed turbine location. The operation of the WECS shall not negatively impact any groundwater well or groundwater source in the vicinity of the WECS. Complaints regarding impact of the WECS on groundwater sources shall be promptly forwarded to the Township Board as part of the complaint resolution process. The Township Board will consider proof of a negative impact arising from the installation and/or operation of the WECS on a groundwater well or source in the vicinity of the WECS as a violation of the conditions of the special use approval.

[2] A background (ambient) sound study shall be performed and a report provided which indicates Leq 1 second, L10, and L90 sound levels using A-weighting and C-weighting. Data shall be collected at midpoints along property lines of adjoining nonparticipating and participating landowners. Measurement procedures are to follow the most recent versions of ANSI S12.18 and ANSI S12.9, Part 3, guidelines (with an observer present). Measurements shall be taken using an ANSI or IEC Type 1 precision integrating sound level meter. The study must include a minimum of a four-day (ninety-six-hour) testing period, include one Sunday, and divide data by daytime and nighttime. The sound background study shall report for the period of the monitoring topography, temperature, weather patterns, sources of ambient sound, and prevailing wind direction.

(c) Economic impact. The applicant shall fund and provide an economic impact study for the area affected by the WECS project. Such a study shall include probable financial impact regarding jobs, tax revenue, lease payments and property values at a minimum and average setback distances. Business and residential growth potential shall be considered.

(d) Site plan. The applicant shall submit a site plan. The applicant shall also submit a written explanation of the design characteristics and the ability of the structure(s) and attendant facilities to withstand winds, ice and other naturally occurring hazards, as well as information regarding health, welfare and safety in areas including, but not limited to, noise, vibration, shadow flicker, and blade ice deposits. This information shall also address the potential for the WECS to structurally fail or collapse, and what results should be expected in such an event. Additional requirements for a WECS site plan are as follows:

[1] Building siting. GIS locations and height of all proposed buildings, structures, electrical lines, towers, guy wires, guy wire anchors, security fencing, and other aboveground structures associated with the WECS.

[2] Nearby building siting. GIS locations and height of all adjacent buildings, structures, and aboveground utilities located within three times the minimum setback distance for nonparticipating landowners where the proposed WECS and WECS testing facility will be located. The location of all existing and proposed overhead and underground electrical transmission or distribution lines shall be shown, whether to be utilized or not with the WECS or testing facility, located on the lot or parcel involved.

[3] Access driveways. GIS location of WECS and testing facility access driveways together with details regarding dimensions, composition, and maintenance of the proposed driveways. The site plan shall include traffic routes, time of the year use, staging areas, and any other physical sites related to WECS. Construction of the access driveway that serves a WECS or testing facility is required to protect the public health, safety, and welfare by offering an adequate means by which governmental agencies may readily access the site in the event of an emergency. All such roads shall be constructed to allow access at all times by any emergency service vehicles, such as fire, police, and repair. Access driveways shall be no closer than 300 feet to adjacent property unless the applicant provides documentation in the form of a signed approval by affected participating and nonparticipating landowners. Such approval shall be recorded with Van Buren County Register of Deeds using only the WECS Waiver Form, Revision 1 or later.

[4] Facility security. Security measures shall be sufficient to prevent unauthorized trespass and to protect health, welfare, and safety.

[5] Maintenance program and resolution program. The applicant shall provide to the Township a written description of the problem and failure program to be used to resolve any WECS and WECS testing facility issues, including procedures and schedules for removal when determined to be obsolete or abandoned.

[6] Site lighting. A lighting plan for each WECS and testing facility. Such plan must describe all lighting that will be utilized and documentation that FAA requirements are met. RADAR-activated lighting shall be utilized if allowed by the FAA. Such a plan shall include, but is not limited to, the planned number and location of lights, light color, activation methods, effect on Township residents and whether any lights blink. Due to complexity in describing lighting effects for health, welfare, and safety, the applicant shall, if available, provide example locations with product descriptions, where similar, or proposed, lighting solutions are currently deployed. Lighting shall be fully shielded from ground, be FAA-compliant, and be of most current design, to minimize lighting blinking and brightness nuisance.

[7] Proof of any applicable documents recorded at the Van Buren County Register of Deeds.

[8] If there are any changes to any site plan for a WECS or testing facility, including any changes in road locations, road access, the location of accessory structures, and/or the location of any turbine, a revised site plan shall be submitted and approved prior to construction. Any revised site plan must provide revised calculations to address all of the items required under the original plan submission (i.e., setbacks, shadow flicker, noise, etc.).

[9] Supplemental. Additional detail(s) and information as requested by the Planning Commission.

(e) Site insurance. The applicant shall provide proof of insurance for each WECS at all times for at least $10,000,000 for liability, property damage, livestock damage, and future earnings loss. The applicant shall provide yearly proof of insurance to the Township that confirms active coverage for the applicant, Township, participating landowners, and nonparticipating landowners. Aggregate policies are allowed if minimum coverage per WECS is satisfied and coverage is provided for every site where the applicant's equipment is located.

(f) Removal insurance (decommissioning). To ensure proper removal of each WECS structure when it is abandoned or nonoperational, the application shall include a proof of the financial security in effect before the permit is approved. The security shall be licensed in the State of Michigan and be in the form of 1) cash deposit or 2) performance (surety) bond selected by the Planning Commission and bonded by a top institution from the Department of the Treasury's Listing of Approved Sureties, Department Circular 570, T-list. The duration of the security shall be termed to the removal of each WECS as stated in this subsection. Additionally, security is based on each WECS and is to be backed by owner assets, operator assets, parent company assets, and leaseholder assets approved by the Planning Commission.

[1] The amount of each WECS security guarantee (surety) shall be the average of at least two independent (of applicant) demolition (removal) quotes, obtained by the Planning Commission and approved by the Board, plus 10%. If the quantity of quotes obtained is two, the formula shall be (quote 1 + quote2)/2 * 1.10. The security guarantee shall be no less than $800,000 per WECS. Quotes shall be based on individual WECS removal and shall not group multiple WECS simultaneous removals together. Quotes shall be ordered and obtained by the Township from established demolition companies. The demolition method shall be approved by the Township Board. Quotes shall not include salvage values. The security guarantee shall be updated every five years at the rate of 1.5 times CPI (consumer price index) for each year.

[2] Such financial guarantee shall be deposited or filed with the Township Clerk after a special use has been approved but before construction operations begin on the WECS project. Failure to keep such financial security in full force and effect at all times while the structure exists shall constitute a material and significant violation of a special use approval and this subsection, and shall subject the applicant to all available remedies to the Township, including enforcement action, fines, revocation of the special use approval and WECS removal.

[3] The applicant shall be responsible for the payment of all attorney fees and other costs incurred by the Township in the event that the structure is not voluntarily removed and the Township has to enforce removal.

[4] In the event the WECS owner, operator, parent company, or performance bond defaults on any or all of the previously outlined decommissioning requirements, the participating landowner upon which each WECS is located shall be responsible and liable for the removal of each WECS. Failure of the participating landowner to comply with the removal and decommissioning guidelines shall result in the Township having the WECS removed at the expense of the participating landowner. If funding is not available to cover the costs of removal by the participating landowner, legal action to pursue the seizure of participating landowner property(ies) will take place to cover such costs.

(g) Safety manual. The applicant shall provide an unredacted copy of the manufacturer's safety manual for each model of turbine without distribution restraints to be kept at the Township Hall and other locations deemed necessary by the Planning Commission or local first responders. The manual should include standard details for an industrial site, such as materials, chemicals, fire, access, safe distances during WECS failure, processes in emergencies, etc.

(h) Repair policy documentation. The applicant shall provide a detailed policy and process book for the repair, replacement, and removal of malfunctioning, defective, worn, or noncompliant WECS. Sections of the process book should consider any ordinance requirement or WECS performance deficiency.

(i) Noise. The applicant shall provide an initial sound modeling report and a six-month post-construction report for the project with a schedule and documentation which adhere to the following:

[1] Chart outlining ordinance requirements and a description of compliance or noncompliance.

[2] Declaration of whether submitted data is modeled or measured.

[3] Declaration of values, test methods, data sources, and similar for all modeled or measured data.

[4] Estimated timeline for project, including ordinance requirements completed, construction, post-construction, and validation testing.

[5] Applicant measured data shall be accompanied by SCADA data confirming full power during testing. Unless otherwise requested, minimum SCADA data format shall be grouped in twenty-four-hour periods and one-second intervals, including wind vector, wind speed, temperature, humidity, time of day, WECS power output, WECS amps, WECS volts, WECS nacelle vector, WECS blade RPM, WECS blade pitch.

[6] Permitting data may be submitted based on WECS manufacturer data. However, measured data from active and similar WECS facilities shall be simultaneously submitted.

[7] It is acknowledged that WECS units sustain wear over time. The applicant is to submit data from existing and similar WECS installations showing aged sound measurements (to demonstrate compliance potential over the life of WECS) in accordance with this subsection for five-, ten-, and fifteen-year-old units.

[8] Modeling factors shall be set for the worst-case environment, such as high humidity, frozen ground (nonporous), atmospheric variances (atmospheric profile Pasquill Stability Class E or F preferred), elevated noise source and no ground cover. Use of modeling methods (standards) shall have deficiencies (limitations) fully disclosed and shall include known error margins. Nondisclosure of modeling method deficiencies shall require resubmission of the SUP in its entirety with complete modeling deficiencies disclosed.

(6) Commercial wind energy conversion systems (WECS): Standards and Requirements. The WECS project shall meet the following standards and requirements:

(a) Setback. The minimum setback from any property line of a nonparticipating landowner or any road right-of-way shall be no less than four times tip height of the WECS or WECS testing facility unless the applicant provides documentation in the form of a signed approval by affected participating and nonparticipating landowners waiving these requirements. Documents in full shall be recorded using only the WECS Waiver Form, Revision 1 or later, with the Van Buren County Register of Deeds. For WECS, use the turbine pole center line as the WECS measuring point.

(b) Ground clearance. The minimum clearance from ground level to the blade at its lowest point shall be 100 feet.

(c) Applicant compliance. The WECS and related equipment shall comply with any and all state, federal, county and Township requirements.

(d) Blade clearance. Blade arcs created by a WECS shall have a minimum of 100 feet of clearance over and from any structure.

(e) Braking. Each WECS shall be equipped with a braking, or equivalent, device capable of stopping the WECS operation in high winds with or without SCADA control. Braking systems shall be effective during complete GRID power failure where WECS are unable to communicate with SCADA control or receive power.

(f) Signage. Each WECS and testing facility shall have one sign per turbine, or tower, located at the roadside and one sign attached to base of each WECS, easily visible throughout four seasons. Signs shall be at least two square feet in area. Signs shall be the same and shall uniquely identify each WECS. Signage shall comply with Article XI, Signs, Nameplates, and Advertising Structures. Additional signage on and around the tower is recommended. The sign shall contain at least the following:

[1] Warning of high voltage.

[2] Participating landowner's name, WECS owner's name, and operator's name.

[3] Emergency telephone numbers and web address. (List more than one number.)

[4] If the WECS uses fencing, place signs on the perimeter fence at fence entrance door.

[5] Unique identification, such as address of the WECS. If more than one WECS is on an access drive, units shall have further identification such that first responders can positively identify them. An identification example is "321 Ruger Rd, Caro, MI Unit A."

(g) Communication interference. Each WECS and testing facility shall be designed, constructed and operated so as not to cause radio and television or other communication interference. In the event that verified interference is experienced and confirmed by a licensed engineer, the applicant must produce confirmation that said interference had been resolved to residents' satisfaction within 90 days of receipt of the complaint. Any such complaints shall follow the process stated in the complaint resolution section.[4]

[4] Editor's Note: See Subsection L(6)(y) of this section.

(h) Infrastructure wiring.

[1] All electrical connection systems and lines from the WECS to the electrical grid connection shall be located and maintained underground. Burial depth shall be at a depth that causes no known environmental, land use, or safety issues. Depth shall be a minimum of six feet below grade, be deeper than drain tile and be in compliance with NEC 2014 or newer code standards. All utility lines shall be staked in the field, so as to provide notice to property owners as to the location of utilities, including installing a marker at four feet below grade to identify the utility line location.

[2] The Planning Commission may waive the burial requirement and allow aboveground structures in limited circumstances, such as geography precludes, or a demonstrated benefit to the Township. The waiver shall not be granted solely on cost savings to the applicant. Requests for variation shall consider aesthetics, future use of land, and effect on nearby landowners.

(i) Road damage. The applicant shall post a financial security in the form of a surety bond from a surety company that is listed as an acceptable surety on Federal Surety Bonds in Circular 570 of the U.S. Department of Treasury, or letter of credit from, or an escrow account established in, a financial institution licensed in the State of Michigan for the cost of repairs of county roads within the Township, in an amount of $1,250,000. The amount and standards for road repair work shall be determined by a third-party road inspector appointed by mutual agreement of the Township, applicant and Van Buren County Road Commission. The bond shall only be released (in whole or in part) when the Township Board, in consultation with the Van Buren County Road Commission and said third-party inspector, determines that all required road work has been completed and approved by the road inspector in consultation with the Van Buren County Road Commission and/or MDOT. The Township may consult with the third-party road inspector to verify the proposed bond amount of $1,250,000. If the third-party inspector determines that the amount needed for road repairs and upgrades is higher, the applicant will post a financial security in the amount determined by the third-party inspector. All road repairs must be complete within 90 days of project completion, or maintenance completion, but shall not exceed 365 days from project commencement or maintenance completion.

(j) Road use agreement. The applicant shall provide and execute a road use agreement with the Township and shall file a copy of such agreement with the Township Clerk before construction of any accessory road and/or road improvements. The road use agreement is subject to review and approval of the Township attorney. The applicant shall provide a written status report annually to the Township Board as to the ongoing scope of road work and shall also provide written notice to the Township Board when all required road work has been completed. The Township may require the renewal of the bond for road work to cover costs of road work to be completed in the future.

(k) Liability insurance. The current WECS owner and operator shall insure for liability for the WECS without interruption until removed and comply with the site insurance section[5] to protect the current WECS owner and operator, Township and property owner.

[5] Editor's Note: See Subsection L(5)(e) of this section.

(l) Coating and color. A WECS shall be painted a nonobtrusive (light environmental color such as beige, gray or off-white) color that is nonreflective. The wind turbine base and blades shall be of a color consistent with all other turbines in the area. No striping of color or advertisement shall be visible on the blades or tower.

(m) Strobe effect. Under no circumstances shall a WECS or testing facility produce shadow flicker, or strobe effect, on properties without a signed release from affected participating and nonparticipating landowners. Documents in full shall be recorded with the Van Buren County Register of Deeds. Each wind turbine shall also use a shadow flicker mitigation system, including but not limited to the Vestas Shadow Detection System, or other similar system.

(n) Ice detection. The applicant shall install an ice mitigation system on each turbine, including but not limited to the system developed by Vestas, or other similar system, to monitor ice formation on each wind turbine (WECS) and to facilitate immediate shutdown of any wind turbine if ice is detected on the turbine.

(o) Fire suppression. The applicant shall provide and install on a WECS a fire suppression system, including but not limited to Firetrace or other similar system, and ensure that such system is operable at all times.

(p) Voltage. The applicant shall demonstrate that the WECS prohibits stray voltage, surge voltage, and power from entering the ground, and shall correct any voltage issued that is caused by the WECS.

(q) Protection of adjoining property. In addition to the other requirements and standards contained in this section, the Planning Commission shall not approve any WECS or testing facility unless it finds that the WECS or testing facility will not pose a safety hazard or unreasonable risk of harm to the occupants of any adjoining properties or area wildlife.

(r) Removal and site renovation. A condition of every approval shall be adequate provision for the removal of the structure in its entirety whenever it ceases to actively produce power for 180 days or more. The Planning Commission can grant an extension of an additional 180 days upon the WECS owner demonstrating that the structure will be put back into use. Removal shall include the proper receipt of a demolition permit from the Building Official and proper restoration of the site to original condition. Removal of the structure, wiring, and its accessory use facilities shall include removing the caisson and all other components in their entirety. Restoration must be completed within 365 days of nonoperation. The Planning Commission can grant an extension of 180 days upon the WECS owner demonstrating that an extension is necessary.

[1] Participating landowners may waive complete underground wiring removal if they can demonstrate that any and all remaining underground wiring will not negatively affect the environment, such as, but not limited to, water quality, natural water flow, or area wildlife. Participating landowners shall execute a waiver and record same in full with Van Buren County Register of Deeds waiving these requirements.

(s) WECS height. The maximum tip height of any WECS or WECS testing facility shall not exceed 500 feet.

(t) Avian protection. Each wind turbine shall have a bird/bat sensor installed and utilized upon it.

(u) Post-construction studies. The applicant shall prepare a post-construction avian and wildlife study one year post-construction, as well as five years post-construction, of the completion of a WECS, which shall comply with the requirements of the U.S. Fish and Wildlife Service and the Michigan Department of Natural Resources. A copy of the study shall be provided to the Township Board.

(v) Post-construction documents. The applicant shall provide a complete set of as-built drawings for electrical structures, collection lines and surface markings to the Township Clerk within six months of completing work on the WECS.

(w) Operations training. The applicant shall provide training for the Lawrence Township Fire Department and all fire departments that provide mutual aid to Lawrence Township before beginning operations of the utility grid wind energy system and shall likewise provide regular training at least annually thereafter. The applicant shall report annually to the Township Board as to the status of the training of the Township Fire Department, in addition to reporting annually to the Township Board of any incidents that required response by the Fire Department (or any fire departments responding via mutual aid) to the WECS.

(x) Operational, maintenance, and issue resolution. Each WECS and testing facility must be kept and maintained in good repair and condition at all times. If a WECS is not maintained in operational and reasonable condition or poses a potential safety hazard, the applicant shall take expeditious action to correct the situation, including WECS removal. The applicant shall keep a maintenance log on each WECS and must provide a complete log to the Township within 30 days of request.

(y) Complaint resolution. A complaint resolution process shall be established by the Township. The form shall include, but not be limited to:

[1] Receiving and forwarding of complaints. A third-party answering switchboard, website or equivalent, paid for by the applicant or WECS or testing facility owner. The cost to maintain and support shall be funded in the amount of $10,000 and be replenished at least every five years by the applicant or WECS owner. The Planning Commission shall select a complaint resolution process that is independent of the facility operator or owner and that reports to the Township first and operator second. Upon receiving a complaint, the Township shall forward said complaint to the WECS owner.

[2] Investigation of complaints. The Township shall initiate an investigation into a complaint within 60 days utilizing escrow funds to hire the appropriate expert(s).

[3] Hearing of complaints. The Township Board shall set a public hearing date within 60 days of completion of investigation of complaints where experts, residents and/or the applicant may present information before the Township Board. Notice of hearing shall be via certified mail.

[4] Decision of complaints. The Township Board shall issue a decision and corrective actions within 45 days from hearing of complaints.

(z) The applicant shall be required as a condition of approval to fund an escrow account for investigation of complaints for, but not limited to, shadow flicker, stray voltage, noise, and signal interference to the amount of $15,000, to be used at the discretion of the Lawrence Township Board. When escrow account balance is below $5,000, the Township shall notify the applicant, and the applicant shall replenish the account in the amount of $15,000 within 45 days.

(aa) Regulation of WECS commercial and industrial noise. To preserve quality of life, peace, and tranquility, and protect the natural quiet of the environment, this subsection establishes the acoustic baseline, background sound levels for project design purposes and limits the maximum noise level emissions for commercial and industrial developments. Residents shall be protected from exposure to noise emitted from commercial and industrial development by regulating said noise.

(bb) The Township Board reserves the right to require the WECS applicant to shut down any WECS unit that does not meet ordinance requirements until such WECS unit meets ordinance requirements or is removed.

(cc) Complaints. If the Township Board confirms and issues a corrective action, SCADA data from WECS within two miles of issue shall be required and delivered to the Township within 20 days of notification. The SCADA data format shall be determined by the Township, Township licensed engineers, or Township professional acousticians. Unless otherwise requested, minimum SCADA data format shall be grouped in twenty-four-hour periods and one-second intervals, including wind vector, wind speed, temperature, humidity, time of day, WECS power output, WECS amps, WECS volts, WECS nacelle vector, WECS blade RPM, and WECS blade pitch. Fees for providing SCADA data are not to exceed $100 per request. Residents shall have the right to also request SCADA data in at least the minimum format at the cost of $200 per WECS per time period requested. Common SCADA formats shall include meteorological and performance data such as, but not limited to, temperature, humidity, power output, RPM, wind velocity, wind direction, and nacelle vector. Data format shall be determined by Township, such as CSV or XLXS.

(dd) Noise.

[1] No WECS shall generate or permit to be generated audible noise from commercial or industrial permitted facilities that exceeds 39 dBA or 49 dBC (dBC to dBA ratio of 10 dB per ANSI standard S12.9, Part 4, Annex D) during the night, 9:00 p.m. to 8:00 a.m., for any duration, at a property line or any point within a nonparticipating property, unless the applicant provides documentation in the form of a signed agreement by the participating and nonparticipating landowner waiving these requirements. Said documents in full shall be recorded with the Van Buren County Register of Deeds waiving these requirements. Documents in full shall be recorded with the Van Buren County Register of Deeds.

[2] No WECS shall generate or permit to be generated plainly audible noise from commercial or industrial permitted facilities that exceeds 45 dBA or 55 dBC during the day, 8:00 a.m. to 9:00 p.m., for any duration, at a property line or at any point within a nonparticipating property, unless the applicant provides documentation in the form of a signed agreement by the participating and nonparticipating landowner waiving these requirements. Said documents in full shall be recorded with the Van Buren County Register of Deeds waiving these requirements. Documents in full shall be recorded with the Van Buren County Register of Deeds.

[3] No WECS shall generate or permit to be generated from commercial or industrial permitted facilities any acoustic, vibratory, or barometric oscillations in the frequency range of 0.1 to 1 Hz that is detectable at any time and for any duration by confirmed human sensation or exceeds a sound pressure level from 0.1 to 20 Hz of 50 dB (unweighted) re 20uPA or exceeds an RMS acceleration level of 50 dB (unweighted) re 1 micro-g by instrumentation at a nonparticipating landowner's property line or at any point within a nonparticipating landowner's property.

[4] No WECS shall generate or permit to be generated from commercial or industrial permitted facilities any vibration in the low-frequency range of 0.1 to 20 Hz, including the 1 Hz, 2 Hz, 4 Hz, 8 Hz, and 16 Hz octave bands, that is perceivable by human sensation or exceeds an rms acceleration level of 50 dB (unweighted) re 1 micro-g at any time and for any duration either due to impulsive or periodic excitation of structure or any other mechanism at a nonparticipating landowner's property line or at any point within a nonparticipating landowner's property.

[5] A tonal noise condition generated from commercial or industrial permitted facilities shall be assessed an upward noise penalty of 5 dBA (example: 42 dBA increased to 47 dBA) for assessment to the nighttime and daytime noise limits.

[6] A noise level measurement made in accordance with methods in the noise measurement and compliance section[6] that is higher than 39 dBA or 49 dBC during the nighttime hours or 45 dBA or 55 dBC during the daytime hours, adjusted for the penalty assessed for a tonal noise condition, shall constitute prima facie evidence of a nuisance.

[6] Editor's Note: See Subsection L(7) of this section.

[7] An acoustic, vibratory or barometric measurement documenting oscillations associated with commercial or industrial permitted facilities with levels exceeding the limits herein shall constitute prima facie evidence of a nuisance.

[8] All commercial and industrial activity shall comply with limits and restrictions anywhere at any time on another property unless the applicant provides documentation in the form of a signed approval by affected participating and nonparticipating landowners. Documents in full shall be recorded with the Van Buren County Register of Deeds waiving these requirements. Documents in full shall be recorded with the Van Buren County Register of Deeds.

[9] Leq 1-sec shall be used for all measurements and modeling.

(ee) Lawrence Township and its representatives shall have the authority to inspect the WECS (any of the wind turbines, the roads and/or accessory structures) upon reasonable notice of at least 24 hours to the applicant. The applicant may require that a representative of the applicant accompany the Township and/or its representatives on any inspection.

(ff) The applicant shall enter a host agreement with Lawrence Township regarding taxation.

(7) Noise measurement and compliance.

(a) Post-construction validation and compliance testing shall include a variety of ground and hub height wind speeds, at low (between six and nine mph), medium (between nine and 22 mph) and high (greater than 22 mph). SCADA data shall be provided in the format determined by the Township, Township licensed engineers, or Township professional acousticians. Compliance noise measurements are the financial responsibility of the WECS owner of the facility and shall be independently performed by a qualified professional acoustician approved by the Planning Commission when directed by the Lawrence Township Board or their designated agent. Compliance noise measurements shall not exceed the stipulated noise limits and shall assess for and apply tonal noise penalties when warranted.

(b) Quality. Measurements shall be attended. All noise measurements shall (must) exclude contributions from wind on microphone, tree/leaf rustle, flowing water, and natural sounds such as tree frogs and insects. The latter two can be excluded by calculating the dBA noise level by excluding octave band measurements above the 1,000 Hz band as in ANSIS12.100 3.11. The ANS-weighted sound level is obtained by eliminating values for octave bands above 1,000 Hz, or 1/3 octave bands above 1,250 Hz, and A-weighting and summing the remaining lower frequency bands. The wind velocity at the sound measurement microphone shall not exceed three m/s (seven mph, maximum) during measurements. A seven-inch or larger diameter windscreen shall be used. Instrumentation shall have an overall internal noise floor that is at least 5 dB lower than what is being measured. During testing of elevated sources, including, but not limited to, wind turbines, the atmospheric profile shall be Pasquill Stability Class E or F preferred, Class D as alternate.

(c) Noise level. Noise measurements shall be conducted consistent with ANSI S12.18 Procedures for Outdoor Measurement of Sound Pressure Level and ANSI S12.9, Part 3 (Quantities and Procedures for Description and Measurement of Environmental Sound - Part 3: Short-term Measurements with an Observer Present), using Type 1 meter, A-weighting, fast response.

(d) Tonal noise. Tonal noise shall be assessed using unweighted (linear) 1/3 octave band noise measurements with time-series, level-versus-time data acquisition. A measurement shall constitute prima facie evidence of a tonal noise condition if at any time (single sample or time interval) the noise spectrum of the noise source under investigation shows a 1/3 octave band exceeding the average of the two adjacent bands for by 15 dB in low 1/3 octave bands (10 to 125 Hz), 8 dB in middle-frequency bands (160 to 400 Hz), or 5 dB in high-frequency bands (500 to 10,000 Hz).

(e) Sample metric and rate. Noise level measurements for essentially continuous non-time-varying noise sources shall be acquired using the Leq (fast) metric at a sample rate of one per second. For fluctuating or modulating noise sources, including, but not limited to, wind turbines, a ten-per-second sample rate or faster shall be used. These sample rates shall apply to dBA, dBC and unweighted 1/3 octave band measurements.

(f) Reporting. Measurements of time-varying dBA and dBC noise levels and 1/3 octave band levels shall be reported with time-series level-versus-time graphs and tables. Graphs shall show the sound levels graphed as level-versus-time over a period of time sufficient to characterize the noise signature of the noise source being measured. For one-per-second sampling, a five-minute-or-longer graph shall be produced. For ten-per-second sampling, a thirty-second-or-longer graph shall be produced. Reporting shall identify, and graphs shall be clearly notated, identifying what was heard and when the noise source is dominating the measurement. Reporting shall furnish all noise data and information on weather conditions and Pasquill Class occurring during testing.

(8) Compliance.

(a) All applicable requirements of the Township's ordinances must be met in their entirety, as well as all other applicable laws, ordinances, and rules of the federal, state, county, and Township governments. Any subsequent development or change on the property shall comply with all requirements of the Township's ordinances or other ordinances and regulations in effect at that time. Noncompliance with ordinance requirements during the SUP process shall result in denial or revocation of the permit.

(b) Noncompliance with post-construction ordinance requirements shall result in fines (minimum $250/day), permit denial, and WECS decommissioning.

(c) Nuisance compliance complaints shall be resolved after the complaint resolution process[7] is completed. The applicant shall provide a resolution plan within 30 days and resolve complaints within 90 days. A WECS may be shut down during resolution time to extend resolution time to 180 days.

[7] Editor's Note: See Subsection L(6)(y) of this section.

(d) For non-nuisance compliance, and upon formal notice from the Township or resident to the WECS permit holder, the WECS permit holder shall respond within 30 days with a resolution plan, and up to 180 days to resolve a compliance breach. Failure to resolve any compliance breach shall result in permit loss. Unless otherwise stated, the applicant shall provide in advance and comply with ordinance requirements prior to the Township granting the permit. Special permits shall not be allowed.

(e) In addition to any other remedies or complaint resolution procedures set forth in this subsection, any violation shall also constitute a municipal civil infraction in accordance with Chapter 25. Each day on which any violation of this subsection continues shall constitute a separate offense. The Township may bring an action for an injunction to restrain, prevent or abate any violation of this subsection.

(f) Upon change of ownership, operator or parent company, the Township shall receive from the new owner, operator or parent company notification and updated documents within 30 days, including, but not limited to, legal proof of change, corporate legal contact, security bond updates, emergency contact, and local contact.