code of ordinances - Saugatuck Township

Transcription

CODE OF ORDINANCES
APPENDIX A - FRANCHISES
CODE OF ORDINANCES
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION
Chapter 3 - RESERVED
Chapter 4 - ALCOHOLIC LIQUORS
Chapter 6 - AMUSEMENTS AND ENTERTAINMENTS (RESERVED)
Chapter 8 - BUILDINGS AND BUILDING REGULATIONS
Chapter 10 - BUSINESSES (RESERVED)
Chapter 12 - CEMETERIES
Chapter 14 - ENVIRONMENT
Chapter 16 - FIRE PREVENTION AND PROTECTION
Chapter 18 - FLOODS
Chapter 20 - LAND DIVISIONS AND SUBDIVISION REGULATIONS
Chapter 22 - LAW ENFORCEMENT
Chapter 24 - OFFENSES
Chapter 26 - PLANNING
Chapter 28 - SOLID WASTE
Chapter 30 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Chapter 32 - TELECOMMUNICATIONS
Chapter 34 - TRAFFIC AND VEHICLES
Chapter 36 - UTILITIES
Chapter 38 - WATERWAYS
Chapter 39 - TEMPORARY AND SEASONAL USES
Chapter 40 - ZONING
[APPENDIX A] - FRANCHISES
Saugatuck Township, (Allegan Co.), Michigan, Code of Ordinances
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Chapter 1 - GENERAL PROVISIONS
Sec.
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Sec.
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1-1. - Code designated and cited.
1-2. - Definitions and rules of construction.
1-3. - Catchlines of sections; history notes; references.
1-4. - Effect of repeal of ordinances.
1-5. - Amendments to Code; effect of new ordinances; amendatory language.
1-6. - Supplementation of Code.
1-7. - General penalty; continuing violations.
1-8. - Severability.
1-9. - Continuation of existing ordinances.
1-10. - Code does not affect prior offenses or rights.
1-11. - Certain ordinances not affected by Code.
Sec. 1-1. - Code designated and cited.
The ordinances embraced in this and the following chapters shall constitute and be designated the
"Code of Ordinances, Township of Saugatuck, Michigan," and may be so cited. Such ordinances may
also be cited as the "Township of Saugatuck Code."
State law reference— Authority to codify ordinances, MCL 41.186.
Sec. 1-2. - Definitions and rules of construction.
The following definitions and rules of construction shall apply to this Code and to all ordinances and
resolutions, unless the context requires otherwise:
Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be
liberally construed so that the intent of the township board may be effectuated. Words and phrases
shall be construed according to the common and approved usage of the language, but technical words,
technical phrases and words and phrases that have acquired peculiar and appropriate meanings in law
shall be construed according to such meanings.
Civil infraction. The term "civil infraction" means an act or omission prohibited by law which is not a
crime and for which civil sanctions may be ordered.
Code. The term "Code" means the Code of Ordinances, Township of Saugatuck, Michigan, as
designated in section 1-1.
Computation of time. In computing a period of days, the first day is excluded, and the last day is
included. If the last day of any period or a fixed or final day is a Saturday, Sunday, or legal holiday, the
period or day is extended to include the next day that is not a Saturday, Sunday, or legal holiday.
Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items,
conditions, provisions or events are connected by the conjunction "and," "or" or "eitheror," the
conjunction shall be interpreted as follows:
(1)
The term "and" indicates that all the connected terms, conditions, provisions or events apply.
(2) The term "or" indicates that the connected terms, conditions, provisions or events apply
singly or in any combination.
(3)
The term "eitheror" indicates that the connected terms, conditions, provisions or events apply
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singly but not in combination.
County. The term "county" means Allegan County, Michigan.
Crime. The term "crime" means an act or omission forbidden by law that is not designated as a civil
infraction and that is punishable upon conviction by any one or more of the following:
(1)
Imprisonment.
(2)
Fine not designated a civil fine.
(3)
Other penal discipline.
Delegation of authority. A provision that authorizes or requires a township officer or township employee
to perform an act or make a decision authorizes such officer or employee to act or make a decision
through subordinates.
Gender. Words of one gender include the other genders.
Health department and department of public health. The terms "health department" and "department of
public health" mean the county health department.
Health officer. The term "health officer" means the director of the county health department.
Highway. The term "highway" includes any street, alley, highway, avenue, or public place or square,
bridge, viaduct, tunnel, underpass, overpass or causeway, dedicated or devoted to public use.
Includes and including. The terms "includes" and "including" are terms of enlargement and not of
limitation or exclusive enumeration, and the use of the terms does not create a presumption that
components not expressed are excluded.
Joint authority. A grant of authority to three or more persons as a public body confers the authority on a
majority of the number of members as fixed by statute or ordinance.
May. The term "may" is to be construed as being permissive and not mandatory.
May not. The term "may not" states a prohibition.
MCL. The abbreviation "MCL" means Michigan Compiled Laws, as amended.
Month. The term "month" means a calendar month.
Must. The term "must" is to be construed as being mandatory.
Number. The singular includes the plural, and the plural includes the singular.
Oath, affirmation, sworn, affirmed. The term "oath" includes an affirmation in all cases where an
affirmation may be substituted for an oath. In similar cases, the term "sworn" includes the term
"affirmed."
Officers, departments, etc. References to officers, departments, boards, commissions or employees are
to township officers, township departments, township boards, township commissions and township
employees.
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Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in
common, tenant in partnership, joint tenant or tenant by the entirety of the whole or part of such
property. With respect to special assessments, however, the owner shall be considered to be the
person whose name appears on the assessment roll for the purpose of giving notice and billing.
Person. The term "person" means any individual, partnership, corporation, association, club, joint
venture, estate, trust, limited liability company, governmental unit, and any other group or combination
acting as a unit, and the individuals constituting such group or unit.
Personal property. The term "personal property" means any property other than real property.
Preceding and following. The terms "preceding" and "following" mean next before and next after,
respectively.
Premises. The term "premises," as applied to real property, includes land and structures.
Property. The term "property" means real and personal property.
Public acts. References to public acts are references to the Public Acts of Michigan. (For example, a
reference to Public Act No. 279 of 1909 is a reference to Act No. 279 of the Public Acts of Michigan of
1909.) Any reference to a public act, whether by act number or by short title, is a reference to the act as
amended.
Real property, real estate, land and lands. The terms "real property," "real estate," "land" and "lands"
includes lands, tenements and hereditaments.
Roadway. The term "roadway" means that portion of a street improved, designed or ordinarily used for
vehicular traffic.
Shall. The term "shall" is to be construed as being mandatory.
Sidewalk. The term "sidewalk" means any portion of the street between the curb, or the lateral line of
the roadway, and the adjacent property line, intended for the use of pedestrians.
Signature and subscription. The terms "signature" and "subscription" include a mark when the person
cannot write.
State. The term "state" means the State of Michigan.
Street. The term "street" means any street, alley, highway, avenue, or public place or square, bridge,
viaduct, tunnel, underpass, overpass or causeway, dedicated or devoted to public use.
Swear. The term "swear" includes affirm.
Tenses. The present tense includes the past and future tenses. The future tense includes the present
tense.
Township. The term "township" means the Township of Saugatuck, Michigan.
Township board, township board of trustees, board of trustees and board. The terms "township board
of trustees," "township board," "board of trustees" and "board" mean the governing body of the
Township of Saugatuck.
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Week. The term "week" means seven consecutive days.
Written. The term "written" includes any representation of words, letters, symbols or figures.
Year. The term "year" means 12 consecutive months.
State law reference— Definitions and rules of construction applicable to state statutes, MCL 8.3 et seq.
Sec. 1-3. - Catchlines of sections; history notes; references.
(a) The catchlines of the several sections of this Code printed in boldface type are intended as mere
catchwords to indicate the contents of the section and are not titles of such sections, or of any part of
the section, nor unless expressly so provided shall they be so deemed when any such section,
including the catchline, is amended or reenacted.
(b) The history or source notes appearing in parenthesis after sections in this Code have no legal
effect and only indicate legislative history. Cross references and state law references that appear in this
Code after sections or subsections or that otherwise appear in footnote form are provided for the
convenience of the user of the Code and have no legal effect.
(c) Unless specified otherwise, all references to chapters or sections are to chapters or sections of
this Code.
State law reference— Catchlines in state statutes, MCL 8.4b.
Sec. 1-4. - Effect of repeal of ordinances.
(a) Unless specifically provided otherwise, the repeal of a repealing ordinance does not revive the
ordinance originally repealed nor impair the effect of any saving provision in it.
(b) The repeal or amendment of an ordinance does not affect any punishment or penalty incurred
before the repeal took effect, nor does such repeal or amendment affect any right, privilege, suit,
prosecution or proceeding pending at the time of the amendment or repeal.
State law reference— Effect of repeal of state statutes, MCL 8.4.
Sec. 1-5. - Amendments to Code; effect of new ordinances; amendatory language.
(a) All ordinances adopted subsequent to this Code that amend, repeal or in any way affect this Code
may be numbered in accordance with the numbering system of the Code and printed for inclusion in the
Code. Portions of this Code repealed by subsequent ordinances may be excluded from this Code by
omission from reprinted pages affected thereby.
(b) Amendments to provisions of this Code may be made with the following language: "Section
(chapter, article, division or subdivision, as appropriate) of the Code of Ordinances, Township of
Saugatuck, Michigan, is hereby amended to read as follows:."
(c) If a new section, subdivision, division, article or chapter is to be added to the Code, the following
language may be used: "Section (chapter, article, division or subdivision, as appropriate) of the Code of
Ordinances, Township of Saugatuck, Michigan, is hereby created to read as follows:."
(d) All provisions desired to be repealed should be repealed specifically by section, subdivision,
division, article or chapter number, as appropriate, or by setting out the repealed provisions in full in the
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repealing ordinance.
Sec. 1-6. - Supplementation of Code.
(a) Supplements to this Code shall be prepared and printed whenever authorized or directed by the
township. A supplement to this Code shall include all substantive permanent and general parts of
ordinances adopted during the period covered by the supplement and all changes made thereby in the
Code. The pages of the supplement shall be so numbered that they will fit properly into the Code and
will, where necessary, replace pages that have become obsolete or partially obsolete. The new pages
shall be so prepared that, when they have been inserted, the Code will be current through the date of
the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code that have been repealed shall be
excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement to this Code, the person authorized to prepare the supplement may
make formal, nonsubstantive changes in ordinances included in the supplement, insofar as necessary
to do so in order to embody them into a unified code. For example, the person may:
(1)
Arrange the material into appropriate organizational units.
(2) Supply appropriate catchlines, headings and titles for chapters, articles, divisions,
subdivisions and sections to be included in the Code and make changes in any such catchlines,
headings and titles or in any such catchlines, headings and titles already in the Code.
(3) Assign appropriate numbers to chapters, articles, divisions, subdivisions and sections to be
added to the Code.
(4) Where necessary to accommodate new material, change existing numbers assigned to
chapters, articles, divisions, subdivisions or sections.
(5) Change the words "this ordinance" or similar words to "this chapter," "this article," "this
division," "this subdivision," "this section" or "sections ;#rule; to ;#rule;" (inserting section numbers
to indicate the sections of the Code that embody the substantive sections of the ordinance
incorporated into the Code).
(6) Make other nonsubstantive changes necessary to preserve the original meaning of the
ordinances inserted into the Code.
Sec. 1-7. - General penalty; continuing violations.
(a)
In this section the term "Violation of this Code" means any of the following:
(1) Doing an act that is prohibited or made or declared unlawful, an offense, or a violation by
ordinance or by rule or regulation authorized by ordinance.
(2) Failure to perform an act that is required to be performed by ordinance or by rule or
regulation authorized by ordinance.
(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an
offense, or a violation or by ordinance or by rule or regulation authorized by ordinance.
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(b) Any provision of this Code that is made or declared to be a misdemeanor, civil infraction or
municipal civil infraction is a violation of this Code.
(c) In this section the term "violation of this Code" does not include the failure of a township officer or
township employee to perform an official duty unless it is specifically provided that the failure to perform
the duty is to be punished as provided in this section.
(d) Except as specifically provided otherwise by state law or township ordinance, all violations of this
Code are misdemeanors. Except as otherwise provided by law or ordinance, a person convicted of a
violation of this Code that is a misdemeanor shall be punished by a fine not to exceed $500.00 and
costs of prosecution or by imprisonment for a period of not more than 90 days or by both such fine and
imprisonment. However, unless otherwise provided by law, a person convicted of a violation of this
Code which substantially corresponds to a violation of state law that is a misdemeanor for which the
maximum period of imprisonment is 93 days shall be punished by a fine not to exceed $500.00 and
costs of prosecution or by imprisonment for a period of not more than 93 days or by both such fine and
imprisonment.
(e) The commission of any violation of this Code that is declared to be a civil infraction shall subject
the violator to a civil penalty as provided by state law for municipal civil infractions or trailway municipal
infractions, whichever is applicable, and as determined by township ordinance.
(f) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are
continuous with respect to time, each day that the violation continues is a separate offense. As to other
violations, each violation constitutes a separate offense.
(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit or
franchise or other administrative sanctions.
(h) Violations of this Code that are intermittent or ongoing are a nuisance per se and may be abated
by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief or
civil or quasi-judicial enforcement.
State law reference— Penalty for ordinance violations, MCL 41.183; municipal civil infractions, MCL 600.8701 et seq.
Sec. 1-8. - Severability.
If any provision of this Code or its application to any person or circumstances is held invalid or
unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of
this Code that can be given effect without the invalid or unconstitutional provision or application, and to
this end the provisions of this Code are severable. If any provision of this Code or its application to any
person or circumstance is held to be overbroad, that provision or application will nevertheless be
enforced to the fullest extent permitted by law.
State law reference— Severability of state statutes, MCL 8.5.
Sec. 1-9. - Continuation of existing ordinances.
The provisions of this Code, insofar as they are substantially the same as legislation previously adopted
by the township relating to the same subject matter, shall be construed as restatements and
continuations thereof and not as new enactments.
State law reference— Similar provisions as to state statutes, MCL 8.3u.
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Sec. 1-10. - Code does not affect prior offenses or rights.
(a) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or
done, any penalty or forfeiture incurred, or any contract or right established before the effective date of
this Code.
(b) The adoption of this Code does not authorize any use or the continuation of any use of a structure
or premises which was in violation of any township ordinance on the effective date of this Code.
Sec. 1-11. - Certain ordinances not affected by Code.
(a) Nothing in this Code or the ordinance adopting this Code affects the validity of any ordinance or
portion of any ordinance:
(1)
Annexing property into the township or describing the corporate limits.
(2)
Deannexing property or excluding property from the township.
(3) Promising or guaranteeing the payment of money or authorizing the issuance of bonds or
other instruments of indebtedness.
(4)
Authorizing or approving any contract, deed, or agreement.
(5)
Granting any right or franchise.
(6)
Making or approving any appropriation or budget.
(7)
Providing for the duties of township officers or employees not codified in this Code.
(8)
Providing for salaries or other employee benefits.
(9)
Adopting or amending a comprehensive plan.
(10) Levying or imposing any special assessment.
(11) Dedicating, establishing, naming, locating, relocating, opening, paving, widening, repairing or
vacating any street, sidewalk or alley.
(12) Establishing the grade of any street or sidewalk.
(13) Dedicating, accepting or vacating any plat or subdivision.
(14) Not codified in this Code that levies, imposes or otherwise relates to taxes, exemptions from
taxes and fees in lieu of taxes.
(15) That is temporary, although general in effect.
(16) That is special, although permanent in effect.
(17) The purpose of which has been accomplished.
(b) The ordinances or portions of ordinances designated in subsection (a) of this section continue in
full force and effect to the same extent as if published at length in this Code.
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Chapter 2 - ADMINISTRATION [1]
(1)
Cross reference— Any ordinance authorizing or approving any contract, deed, or agreement saved from
repeal, § 1-11(a)(4); any ordinance making or approving any appropriation or budget saved from repeal, §
1-11(a)(6); cemeteries, ch. 12; administration and enforcement of cemeteries, § 12-31 et seq.; administration and
enforcement of subdivision regulations, § 20-96 et seq.; law enforcement, ch. 22; planning, ch. 26; utilities, ch. 36;
administration and enforcement of water regulations, § 36-86 et seq.; administration and enforcement of zoning
regulations, § 40-36 et seq.
ARTICLE I. - IN GENERAL
ARTICLE II. - OFFICERS AND EMPLOYEES
ARTICLE III. - EMPLOYEE BENEFITS
ARTICLE IV. - FINANCE
ARTICLE V. - NONDISCRIMINATION ORDINANCE
(1)
State Law reference— Townships generally, MCL 41.1a et seq.; open meetings act, MCL 15.261 et seq.; freedom of
information act, MCL 15.231 et seq. (Back)
Secs. 2-1—2-25. - Reserved.
ARTICLE II. - OFFICERS AND EMPLOYEES [2]
(2)
Cross reference— Any ordinance providing for the duties of township officers or employees not codified in this
Code saved from repeal, § 1-11(a)(7); any ordinance providing for salaries or other employee benefits saved from
repeal, § 1-11(a)(8); hearing officer; duties; hearing; order, § 8-59; zoning administrator, § 40-37.
Sec. 2-26. - Administrative liability.
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No officer, agent, employee or member of the township board shall be personally liable for any damage
which may occur to any person as the result of any act or decision performed in the discharge of duties
and responsibilities pursuant to this Code.
(2)
State Law reference— Township offices, MCL 41.61 et seq.; standards of conduct and ethics, MCL 15.341 et seq.
(Back)
ARTICLE III. - EMPLOYEE BENEFITS
DIVISION 1. - GENERALLY
DIVISION 2. - RESERVED
DIVISION 3. - RESERVED
DIVISION 2. - RESERVED [3]
(3)
Ord. No. 2005-01, § 1, 2, adopted Jan. 5, 2005, repealed div. 2, which pertained to group insurance and
derived from Ord. No. 83, §§ 2—7, adopted June 21, 2000.
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DIVISION 3. - RESERVED [4]
(4)
Ord. No. 2005-01, §§ 1, 2, adopted Jan. 5, 2005, repealed div. 3, which pertained to pension plan and derived
from Ord. No. 25, §§ II-VII, adopted Nov. 2, 1977.
ARTICLE IV. - FINANCE [5]
(5)
Cross reference— Any ordinance promising or guaranteeing the payment of money or authorizing the
issuance of bonds or other instruments of indebtedness saved from repeal, § 1-11(a)(3).
Sec. 2-216. - Fiscal year.
Sec. 2-216. - Fiscal year.
The fiscal year of the township shall extend from July 1 of each year until June 30 of the following year.
(Ord. No. 26, § I, 2-21-1979)
State law reference— Authority to establish fiscal year, MCL 41.72.
(5)
State Law reference— Municipal finance act, MCL 131.1 et seq.; local government fiscal responsibility act, MCL
141.1201 et seq.; uniform budgeting and accounting act, MCL 141.421 et seq. (Back)
ARTICLE V. - NONDISCRIMINATION ORDINANCE [6]
(6)
Editor's note— Ord. No. 2007-2, § 1, adopted Aug. 2, 2007, did not specifically amend the code therefore, has
been included as Art. V, as herein set out, at the editor's discretion.
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2-251. - Purpose.
2-252. - Definitions.
2-253. - Prohibited acts.
2-254. - Exemptions.
2-255. - Filing of complaint.
2-256. - Notification and investigation.
2-257. - Recordkeeping and recommendations.
2-258. - Administrative liability.
Sec. 2-251. - Purpose.
It is the purpose of this article and the policy of the township to promote the equal treatment of all
individuals and to assure equal opportunity to all persons in the area of employment, housing, public
accommodations, and public services. Discrimination based upon race, color, religion, gender, age,
height, weight, marital status, sexual orientation, national origin, or physical or mental limitation is
contrary to the keeping of the peace, goodwill, and harmony among the citizens of Saugatuck
Township.
(Ord. No. 2007-02, § 2, 8-2-2007)
Sec. 2-252. - Definitions.
Age. An individual's chronological age.
Color. An individual's skin pigmentation.
Discriminate. Without limitation, any act which because of race, color, religion, gender, age, height,
weight, marital status, sexual orientation, national origin, or physical or mental limitation results in the
unequal treatment or separation of any person, or denies, prevents, limits or otherwise adversely
affects the benefit or enjoyment of any person, of employment, ownership or occupancy of real property
or public accommodations and public services.
Employment. The act of hiring, retaining, and promoting of a person to perform the duties of a particular
job or position.
Gender. The real or perceived sex, gender identity, or gender expression.
Height or weight. The physical characteristics of an individual as it relates to that individual's size.
Housing. The opportunity to purchase, lease, sell, hold, rent, use, and convey dwelling units.
Marital status. The state of being single, married, separated, widowed, or divorced.
National origin. Shall be defined to include the national origin of an ancestor.
Person. An individual, firm, partnership, corporation, association, organization, unincorporated
organization, labor organization, trustee, receiver, or other fiduciary.
Mental limitation. A limitation or physical capabilities unrelated to one's ability to safely perform the work
involved in jobs available to such person for hire or promotion; a limitation of mental capabilities
unrelated to one's ability to acquire, rent, and maintain property; or a limitation of mental capabilities
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unrelated to one's ability to utilize and benefit from the goods, services, activities, privileges, and
accommodations of a place of public accommodation. "Mental limitation" includes, but is not limited to:
developmental disabilities, psychological, etc. "Mental limitation" does not include any condition caused
by the current illegal use of a controlled substance.
Physical limitation. A limitation or physical capabilities unrelated to one's ability to safely perform the
work involved in jobs or positions available to such person for hire or promotion; a limitation of physical
capabilities unrelated to one's ability to acquire, rent, and maintain property; or a limitation of physical
capabilities unrelated to one's ability to utilize and benefit from the goods, services, activities, privileges,
and accommodations of a place of public accommodation. "physical limitation" includes, but is not
limited to: blindness, or partial sightedness, deafness, or hearing impairment, "physical limitation" does
not include any condition caused by the current illegal use of a controlled substance.
Public accommodations and public services. The full and equal access to any educational, cultural,
governmental, health care, accommodation, business, or other facility of any kind, whose goods,
services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise
made available to the public, or which receive financial support through the solicitation of the general
public or through governmental subsidy of any kind.
Sexual orientation. Male or female heterosexuality, homosexuality, or bisexuality, real or perceived by
orientation or practice.
(Ord. No. 2007-02, § 3, 8-2-2007)
Sec. 2-253. - Prohibited acts.
No person or persons shall discriminate against any person or persons within the township regarding
employment, housing, public accommodations, and public services on the basis of that person's race,
color, religion, gender, age, height, weight, marital status, sexual orientation, national origin, or physical
or mental limitation. This division shall not be construed to be preempted by state or federal statute.
(Ord. No. 2007-02, § 4, 8-2-2007)
Sec. 2-254. - Exemptions.
Private club exemption. The prohibition of section 2-253 shall not apply to a private club, or other
establishment not in fact open to the public, except to the extent that the goods, services, facilities,
privileges, advantages, or accommodations of the private club or establishment are made available to
the customers or patrons of another establishment that is a place of public accommodation or is
licensed by the state under Act No.8 of the public Act of 1933, being MCL 236.1 through 436.8, the
Michigan Liquor Control Act, as amended.
Religious exemption. The prohibition of section 2-253 shall not apply to a religious education institution
or an educational institution operated, supervised, or controlled by a religious institution or organization
which limits admission or gives preference to an applicant of the same religion.
Private residence exemption. The prohibition of section 2-253 shall not apply to:
(1) The rental of housing accommodations in a building which contains housing accommodation
for not more than two families living independently of each other if the owner or a member of the
owner's immediate family resides in one of the housing accommodations, or to the rental of a
room or rooms in a single-family dwelling by a person if the lessor or a member of the lessor's
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immediate family resides in the dwelling.
(2) The rental of housing accommodations for not more than 12 months by the owner or lessor
where it was occupied by his/her and maintained as his/her home for at least three months
immediately preceding occupancy by the tenant and is temporarily vacated while maintaining legal
residence.
(3) With respect to the age provision only, the sale, rental, or lease of housing accommodations
meeting the requirements of federal, state, or local housing programs for senior citizens, or
accommodations otherwise intended, advertised, or designed or operated, bona fide, for the
purpose of providing housing accommodations for persons 50 years of age or older.
Bona fide occupational qualification exemption. The prohibition of section 2-253 with respect to
employment only, shall not apply where a protected classification set forth in section 2-253 is a bona
fide occupational qualification reasonably necessary to the normal operation of a business or
enterprise. A person shall have the burden of establishing that the qualification is reasonably necessary
to the normal operation of that person's business or enterprise.
Private education institution exemption. The prohibition of section 2-253 relating to gender only shall
not apply to an educational institution which now or hereafter provides an education to persons of one
gender.
Governmental exemption. The prohibition of section 2-253 shall not apply to any action by a
governmental agency where a person's qualification is expressly limited by statute, charter, ordinance,
or policy as otherwise provided by law.
(Ord. No. 2007-02, § 5, 8-2-2007)
Sec. 2-255. - Filing of complaint.
Any person or persons claiming to be aggrieved by an unfair or discriminatory practice (complainant)
shall fill a complaint in writing with the township manager or township clerk within 30 days of the alleged
discriminatory act.
(Ord. No. 2007-02, § 6, 8-2-2007)
Sec. 2-256. - Notification and investigation.
Following the filing of a complaint, the township manager or township clerk shall notify in writing the
person or persons subject to the complaint (respondent) of the allegations in the complaint and provide
the respondent the opportunity to respond to the allegations. The respondent may admit the act of
discrimination and pay the township civil infraction fine or disagree and respond in writing to the
township manager or township clerk and no further township action shall be taken for that complaint.
(Ord. No. 2007-02, § 7, 8-2-2007)
Sec. 2-257. - Recordkeeping and recommendations.
The township clerk shall keep a record of all complaints filed and the resolution thereof. The township
manager or township clerk shall also make recommendations as needed to the township board as to
the need for amendments and changes to this article based on the record.
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(Ord. No. 2007-02, § 8, 8-2-2007)
No township officer, agent or employee or member of the township board shall be personally liable for
any damage that may accrue to any person, firm, association, corporation, partnership, joint venture, or
combination of any of them as the result of any act, decision or other consequence of occurrence
arising out of the discharge of duties and responsibilities pursuant to this article.
(Ord. No. 2007-02, § 9, 8-2-2007)
Chapter 4 - ALCOHOLIC LIQUORS [7]
(7)
Cross reference— Businesses, ch. 10.
Sec. 4-1. - Compliance with state law.
Sec. 4-2. - Inspection.
Sec. 4-3. - Penalties.
Sec. 4-1. - Compliance with state law.
All alcoholic liquor traffic, including among other things the manufacture, sale, offer for sale, storage for
sale, possession and/or transportation thereof, within the township shall comply with the provisions of
Public Act No. 58 of 1998 (MCL 436.1101 et seq.)
(Ord. No. 5, § 2, 1-8-1960)
Sec. 4-2. - Inspection.
(a) The constable shall inspect not less than monthly all liquor establishments licensed under the
state liquor control code and report the results of all inspections promptly to the township board. The
constable shall further promptly investigate all complaints received concerning violations of the state
liquor control code or improper operations and practices concerning alcoholic liquor traffic within the
township and report the violations to the township board and, where appropriate under the state liquor
control code, to the appropriate state agency for appropriate proceedings against the violator.
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(b) The constable shall have the right to inspect any place in the township where alcoholic liquor is
manufactured, sold, offered for sale, kept for sale, possessed, or transported. Whenever possible, all
inspection reports shall be made on liquor law enforcement inspection forms furnished by the
appropriate state agency.
(Ord. No. 5, § 4, 1-8-1960)
(a) Any person, other than persons required to be licensed under the state liquor control code, who
shall violate any of the sections of this chapter shall be guilty of a misdemeanor.
(b) Any licensee who shall violate any of the sections of the state liquor control code or any rule or
regulation of the appropriate state agency promulgated thereunder or who shall violate any of the
sections of this chapter and any person who shall violate any of the sections of this chapter and any
person who shall prohibit or interfere with the authorized inspection of the constable shall be guilty of a
misdemeanor.
(c) It is the intent of the township board that the court, in imposing punishment under this chapter,
should discriminate between casual or slight violations and habitual sales of alcoholic liquor or attempts
to commercialize violations of this chapter or any of the rules or regulations of the appropriate state
agency promulgated under the state liquor control code.
(Ord. No. 5, § 6, 1-8-1960)
(7)
State Law reference— Liquor control code, MCL 436.1101 et seq. (Back)
Chapter 6 - AMUSEMENTS AND ENTERTAINMENTS [8]
(RESERVED)
(8)
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Chapter 8 - BUILDINGS AND BUILDING REGULATIONS [9]
(9)
Cross reference— Environment, ch. 14; fire prevention and protection, ch. 16; floods, ch. 18; land divisions
and subdivision regulations, ch. 20; planning, ch. 26; solid waste, ch. 28; streets, sidewalks and other public
places, ch. 30; utilities, ch. 36; waterways, ch. 38; zoning, ch. 40; removal of building and construction materials, §
40-629; moving of buildings, § 40-639; site plan review, § 40-811 et seq.; franchises, app. A.
ARTICLE II. - SINGLE STATE CONSTRUCTION CODE
ARTICLE III. - DANGEROUS BUILDINGS
ARTICLE IV. - UTILITY REQUIREMENTS
ARTICLE II. - SINGLE STATE CONSTRUCTION CODE [10]
(10)
State Law reference— Single state construction code act, MCL 125.1501 et seq.
Sec. 8-26. - Enforcing agency designated.
Sec. 8-27. - Permit fees.
Sec. 8-28. - Construction board of appeals.
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Sec. 8-26. - Enforcing agency designated.
Pursuant to the provisions of Public Act No. 230 of 1972 (MCL 125.1501 et seq.), the building official is
hereby designated as the enforcing agency to discharge the responsibilities of the township under such
act. The township hereby assumes responsibility for the administration and enforcement of such act
throughout its corporate limits.
(Ord. No. 20, § 1, 10-16-1974)
Sec. 8-27. - Permit fees.
Permit fees for the enforcement of the single state construction code shall be established by resolution
of the township board from time to time.
Sec. 8-28. - Construction board of appeals.
A township construction board of appeals is created and shall consist of three regular members and
one alternate member appointed by the township board for two-year terms. The construction board of
appeals is granted those powers and duties as set forth in Public Act No. 230 of 1972 (MCL 125.1501
et seq.)
ARTICLE III. - DANGEROUS BUILDINGS
(11)
[11]
Cross reference— Environment, ch. 14.
Sec. 8-57. - Prohibition.
Sec. 8-58. - Notice.
Sec. 8-59. - Hearing officer; duties; hearing; order.
Sec. 8-60. - Enforcement hearing before township board.
Sec. 8-61. - Implementation and enforcement remedies.
Sec. 8-62. - Penalty for noncompliance with order.
Sec. 8-63. - Appeal of township board decision.
Secs. 8-64—8-85. - Reserved,
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Building Code means the building code administered and enforced in the township pursuant to the
single state construction code act, Public Act No. 230 of 1972 (MCL 125.1501 et seq.).
Dangerous Building means any building or structure, residential or otherwise, that has one or more of
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the following defects or is in one or more of the following conditions:
(1) A door, aisle, passageway, stairway or other means of exit does not conform to the township
fire code.
(2) A portion of the building or structure is damaged by fire, wind, flood or other cause so that the
structural strength or stability of the building or structure is appreciably less than it was before the
catastrophe and does not meet the minimum requirements of the Housing Law of the State of
Michigan, Public Act No. 167 of 1917 (MCL 125.401 et seq.), or the applicable building code for a
new building or structure, purpose or location.
(3) A part of the building or structure is likely to fall, become detached or dislodged, or collapse
and injure persons or damage property.
(4) A portion of the building or structure has settled to such an extent that walls or other
structural portions of the building or structure have materially less resistance to wind than is
required for new construction by the Housing Law of the State of Michigan, Public Act No. 167 of
1917 (MCL 125.401 et seq.), or the building code.
(5) The building or structure or a part of the building or structure because of dilapidation,
deterioration, decay, faulty construction, or the removal or movement of some portion of the
ground necessary for the support or for other reason, is likely to partially or completely collapse, or
some portion of the foundation or underpinning of the building or structure is likely to fall or give
way.
(6) The building or structure or a part of the building or structure is manifestly unsafe for the
purpose for which it is used.
(7) The building or structure is damaged by fire, wind or flood; is dilapidated or deteriorated and
becomes an attractive nuisance to children who might play in the building or structure to their
danger; becomes a harbor for vagrants, criminals or immoral persons; or enables persons to
resort to the building or structure for committing a nuisance or an unlawful or immoral act.
(8) A building or structure used or intended to be used for dwelling purposes, including the
adjoining grounds, because of dilapidation, decay, damage, faulty construction or arrangement or
otherwise, is unsanitary or unfit for human habitation; is in a condition that the health officer of the
township or county determines is likely to cause sickness or disease; or is likely to injure the
health, safety or general welfare of people living in the dwelling.
(9) A building or structure is vacant, dilapidated and open at a door or window, leaving the
interior of the building exposed to the elements or accessible to entrance by trespassers.
Enforcing Agency means this township, through the township building official and/or such other official
or agency as may be designated by the township board to enforce this article.
(Ord. No. 78, § 2, 5-19-1999)
Cross reference— Definitions generally, § 1-2.
Sec. 8-57. - Prohibition.
It shall be unlawful for any owner or any owner's agent to keep or maintain any building or any part of a
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building which is a Dangerous Building as defined in this article.
(Ord. No. 78, § 3, 5-19-1999)
(a) Issuance. Notwithstanding any other section of this article, if a building or structure is found to be a
Dangerous Building, the Enforcing Agency shall issue a notice that the building or structure is a
Dangerous Building.
(b) Parties entitled to notice. The notice shall be served on each owner of or party in interest in the
building or structure in whose name the property appears on the last local tax assessment records of
the township.
(c) Contents. The notice shall specify the time and place of a hearing on whether the building or
structure is a Dangerous Building and shall state that the person to whom the notice is directed shall
have the opportunity at the hearing to show cause why the hearing officer should not order the building
or structure to be demolished, otherwise made safe, or properly maintained.
(d) Service. The notice shall be in writing and shall be served upon the person to whom the notice is
directed either personally or by certified mail, return receipt requested, addressed to the owner or party
in interest at the address shown on tax records. If a notice is served upon a person by certified mail, a
copy of the notice shall also be posted upon a conspicuous part of the building or structure. The notice
shall be served upon the owner or party in interest at least ten days before the date of the hearing
included in the notice.
(Ord. No. 78, § 4, 5-19-1999)
Sec. 8-59. - Hearing officer; duties; hearing; order.
(a) Appointment of hearing officer. For the purposes of this article, the hearing officer shall be
appointed by the township supervisor to serve at the township supervisor's pleasure. The hearing
officer shall be a person who has expertise in housing matters. By way of example and not by way of
exclusion, the hearing officer may be an engineer, architect, building contractor, building inspector or
member of a community housing organization. An employee of the township shall not be appointed as
a hearing officer.
(b) Filing Dangerous Building notice with hearing officer. The Enforcing Agency shall file a copy of the
notice of the dangerous condition of any building or structure with the hearing officer.
(c) Hearing testimony and decision. At a hearing prescribed by this article, the hearing officer shall
take testimony of the Enforcing Agency, the owner of the property, and any interested party. Not more
than five days after completion of the hearing, the hearing officer shall render a decision either closing
the proceedings or ordering the building or structure demolished, otherwise made safe, or properly
maintained.
(d) Compliance with order. If the hearing officer determines that the building or structure should be
demolished, otherwise made safe, or properly maintained, the hearing officer shall so order, fixing a
time in the order for the owner, agent or lessee to comply with the order. If the building or structure is a
Dangerous Building under this article, the order may require the owner or agent to maintain the exterior
of the building or structure and adjoining grounds owned by the owner of the building or structure,
including but not limited to the maintenance of lawns, trees and shrubs.
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(e) Noncompliance with order; request to enforce order. If the owner, agent or lessee fails to appear
or neglects or refuses to comply with the order issued under this section, the hearing officer shall file a
report of the findings and a copy of the order with the township board not more than five days after
noncompliance by the owner and request that necessary action be taken to enforce the order. A copy
of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the
manner prescribed in this article.
(Ord. No. 78, § 5, 5-19-1999)
Cross reference— Officers and employees, § 2-26 et seq.
Sec. 8-60. - Enforcement hearing before township board.
The township board shall fix a date not less than 30 days after the hearing prescribed in section 8-59
for a hearing on the findings and order of the hearing officer and shall give notice to the owner, agent or
lessee in the manner prescribed in section 8-58(d) of the time and place of the hearing. At the hearing
the owner, agent or lessee shall be given the opportunity to show cause why the order should not be
enforced. The township board shall either approve, disapprove or modify the order. If the township
board approves or modifies the order, the township board shall take all necessary action to enforce the
order. If the order is approved or modified, the owner, agent or lessee shall comply with the order within
60 days after the date of the hearing under this section. For an order of demolition, if the township
board determines that the building or structure has been substantially destroyed by fire, wind, flood or
other natural disaster and the cost of repair of the building or structure will be greater than the
state-equalized value of the building or structure, the owner, agent or lessee shall comply with the order
of demolition within 21 days after the date of the hearing under this section.
(Ord. No. 78, § 6, 5-19-1999)
Sec. 8-61. - Implementation and enforcement remedies.
(a) Implementation of order by township. For the failure or refusal of the owner or party in interest to
comply with the decision of the township board made pursuant to this article, the township board may,
in its discretion, contract for the demolition, making safe or maintaining the exterior of the building or
structure or grounds adjoining the building or structure.
(b) Reimbursement of costs. The costs of the demolition, of making the building or structure safe, or
of maintaining the exterior of the building or structure or grounds adjoining the building or structure
incurred by the township to bring the property into conformance with this article shall be reimbursed to
the township by the owner or party in interest in whose name the property appears.
(c) Notice of costs. The owner or party in interest in whose name the property appears upon the last
local tax assessment records shall be notified by the township assessor of the amount of the costs of
the demolition, of making the building or structure safe, or of maintaining the exterior of the building or
structure or grounds adjoining the building or structure by first class mail at the address shown on the
township records.
(d) Lien for unpaid costs. If the owner or party in interest fails to pay the costs within 30 days after
mailing by the township assessor of the notice of the amount of the cost, for a single-family dwelling or
a two-family dwelling, the township shall have a lien for the costs incurred by the township to bring the
property into conformance with this article. The lien shall not take effect until notice of the lien has been
filed or recorded as provided by law. A lien provided for in this section does not have priority over
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previously filed or recorded liens and encumbrances. The lien for the costs shall be collected and
treated in the same manner as provided for property tax liens under the general property tax act, Public
Act No. 206 of 1893 (MCL 211.1 et seq.).
(e) Court judgment for unpaid costs. In addition to other remedies under this article, the township may
bring an action against the owner of the building or structure for the full cost of the demolition, of
making the building or structure safe, or of maintaining the exterior of the building or structure or
grounds adjoining the building or structure. For a single-family dwelling or a two-family dwelling, the
township shall have a lien on the property for the amount of a judgment obtained pursuant to this
subsection. The lien provided for in this subsection shall not take effect until notice of the lien is filed
and recorded as provided by law. The lien does not have priority over prior filed or recorded liens and
encumbrances.
(f) Enforcement of judgment. A judgment in an action brought pursuant to this section may be
enforced against assets of the owner other than the building or structure.
(g) Lien for judgment amount. For a single-family dwelling or a two-family dwelling, the township shall
have a lien for the amount of a judgment obtained pursuant to this section against the owner's interest
in all real property located in this state that is owned in whole or in part by the owner of the building or
structure against which the judgment is obtained. A lien provided for in this subsection does not take
effect until notice of the lien is filed or recorded as provided by law, and the lien does not have priority
over prior filed or recorded liens and encumbrances.
(Ord. No. 78, § 7, 5-19-1999)
Sec. 8-62. - Penalty for noncompliance with order.
A person who fails or refuses to comply with an order approved or modified by the township board
under this article within the prescribed time is guilty of a misdemeanor, punishable as provided in
section 1-7.
(Ord. No. 78, § 8, 5-19-1999)
Sec. 8-63. - Appeal of township board decision.
An owner aggrieved by any final decision or order of the township board under this article may appeal
the decision or order to the circuit court by filing a petition for an order of superintending control within
20 days from the date of the decision.
(Ord. No. 78, § 9, 5-19-1999)
Secs. 8-64—8-85. - Reserved,
(11)
State Law reference— Similar provisions, MCL 125.538 et seq. (Back)
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ARTICLE IV. - UTILITY REQUIREMENTS
Sec. 8-86. - Findings; purpose.
Sec. 8-87. - Authority.
Sec. 8-89. - Required testing of private water supply.
Sec. 8-90. - Sampling and analytical methods and procedures.
Sec. 8-91. - Drinking water standards.
Sec. 8-92. - Use of approved private water supply only.
Sec. 8-93. - Sampling and analysis of groundwater prior to sale or lease of property.
Sec. 8-94. - Retention of records for public inspection.
Sec. 8-95. - Coordination with other drinking water requirements.
Sec. 8-96. - Enforcement; penalties.
Sec. 8-97. - Sampling and analysis of groundwater prior to the issuance of building permits for residential
dwellings.
Sec. 8-86. - Findings; purpose.
The township board finds that there are certain areas of the township where, because of historical and
on-going releases of chemical constituents to the environment, groundwater has been adversely
affected by contaminants in concentrations greater than those considered safe for human consumption.
In addition, because of the presence of businesses in the township that utilize hazardous substances,
such as gasoline service stations, there exists an on-going risk of new releases of hazardous
substances to the environment that could contaminate groundwater in additional locations. The
township board further finds that there are several locations in the township where a public water
supply is not available and where residents rely, therefore, on groundwater as a source of drinking
water. This article has been adopted for the purpose of ensuring that new residential dwellings that will
rely on a private water supply for drinking water are not constructed in areas where the groundwater
has been contaminated by chemical constituents at concentrations exceeding levels that are safe for
human consumption, unless an alternative source of safe drinking water is secured, and for the
purpose of disclosing water quality in existing residential dwellings that rely on a private water supply
for drinking water.
(Ord. No. 2003-17, § 1, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-87. - Authority.
This article is adopted under the township's general regulatory authority to adopt ordinances for the
protection of the health, safety and welfare of its inhabitants under the Township Ordinances Act, MCL
41.181 et seq. and is more specifically authorized by section P2901.l of the Michigan Residential Code,
being a part of the Michigan Building Code, which requires that all residential dwellings be provided
with a supply of potable water as a condition for the issuance of a building permit.
(Ord. No. 2003-17, § 2, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
As used in this article, the following words, terms and phrases shall be defined as follows:
Applicant property means a lot, parcel or other unit of real property for which a building permit for the
construction of a residential dwelling is sought that will rely on a private water supply as a source of
drinking water.
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Community water supply means a public water supply that provides year-round service to not fewer
than 15 living units or that regularly provides year-round service to not fewer than 25 residents, and
which is regulated by the Michigan Department of Environmental Quality pursuant to the Michigan Safe
Drinking Water Act, 1976 PA 399, as amended.
MCL means the maximum contaminant level for a constituent in drinking water, as established by the
United States Environmental Protection Agency.
MDEQ means the Michigan Department of Environmental Quality.
Private water supply means any water supply well that is not a community water supply, that provides
water for drinking or household purposes, and which is constructed in accordance with the
requirements of the Michigan Well Construction Code, MAC R 325.1601 et seq.
Public water supply means a waterworks system that provides water for drinking or household
purposes to persons other than the supplier of the water, and does not include either of the following:
(1)
A waterworks system that supplies water to only one living unit.
(2)
A waterworks system that consists solely of customer site piping.
Source property means a lot, parcel or unit of real property, other than an applicant property, on which
a private water supply is located that will be used as a source of drinking water for an applicant
property.
Test well means a well that is used to obtain information on groundwater quantity, quality, or aquifer
characteristics for the purpose of designing or operating a water supply well, and which is constructed
in accordance with the requirements of the Michigan Well Construction Code, MAC R 325.1601 et seq.
U.S.EPA means the United States Environmental Protection Agency.
(Ord. No. 2003-17, § 3, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-89. - Required testing of private water supply.
The township building official, or the official's designee, or any other township official, shall not issue a
building permit for the construction of a residential dwelling on an applicant property unless and until
the record owner of the applicant property first submits analytical test results for the private water
supply to be utilized by the dwelling to the building official, demonstrating that the water from the private
water supply has been sampled and analyzed pursuant to the requirements of this article and meets
the standards prescribed by this article.
(Ord. No. 2003-17, § 4, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-90. - Sampling and analytical methods and procedures.
The collection, analysis and reporting procedures for the water sample from the private water supply
shall comply with the following requirements.
(1)
Sample collection.
a. Except as provided in subsection b., the water sample shall be collected from a private
water supply located on the applicant property.
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b. The water sample may be collected from a private water supply on a source property if
the record owner of the applicant property submits to the building official a legal instrument
recorded with the Allegan County Register of Deeds that conveys to the applicant property
the right to obtain drinking water from a private water supply on the source property without
time limitation or expiration.
c.
The water sample shall be collected in accordance with MDEQ MERA operational
memorandum #16, as it may be amended or supplemented from time to time, by a
representative of a laboratory certified by the MDEQ environmental science and services
division, or its successor agency or division, as a certified drinking water chemical laboratory.
d. The water sample shall be collected not more than one year prior to the submission of a
building permit for the construction of a dwelling on the applicant property.
(2)
Sample analysis.
a. The water sample shall be analyzed for all volatile organic compounds (VOCs) for which
the U.S.EPA has established a MCL, for all VOCs for which the MDEQ has established a
residential drinking water criteria pursuant to Part 20 I of the Natural Resources and
Environmental Protection Act (the "Part 20 I criteria"), and for nitrates and nitrites.
b. The water sample shall be analyzed by a laboratory certified by the MDEQ
environmental science and services division, or its successor agency or division, as a
certified drinking water chemical laboratory, using one of the analytical methods approved by
MDEQ MERA operational memorandum #16. as it may be amended or supplemented from
time to time.
(3)
Reporting of results.
a. The analytical results for the water sample shall be provided in a written report,
identifying the method detection limit for each compound and the concentration of each
detected compound in milligrams per liter. The report shall conspicuously identify all
compounds that were detected and all compounds that were detected above the applicable
MCL and/or above the applicable Part 20 I criterion.
b. The written report of the analytical results shall be provided directly to the building
official by the certified drinking water chemical laboratory.
(Ord. No. 2003-17, § 5, 5-2-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-91. - Drinking water standards.
If the analytical results for the water sample from the private water supply indicate that any of the
analyzed compounds were detected at a concentration above the MCL and/or above the Part 20 I
criterion for that compound, then a building permit shall not be issued for the construction of a dwelling
on the applicant property unless and until the owner of the applicant property demonstrates one of the
following to the building official:
(1)
That the applicant property will be served by an MDEQ-approved community water supply; or
(2) That drinking water will be supplied to the applicant property from a private water supply on a
source property that meets the requirements of this article.
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(Ord. No. 2003-17, § 5, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-92. - Use of approved private water supply only.
After a building permit has been issued for a dwelling on an applicant property based on the analytical
results for a private water supply meeting the requirements of this article, the dwelling shall thereafter
rely only on the approved private water supply as the primary source of drinking water for the dwelling,
unless the owner of the applicant property first demonstrates to the building official that the applicant
property will be served by an MDEQ-approved community water supply or by another private water
supply that meets the requirements of this article.
(Ord. No. 2003-17, § 7, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-93. - Sampling and analysis of groundwater prior to sale or lease of property.
(a) No lot, parcel or other unit of real property in the township on which exists a dwelling that relies on
a private water supply as a source of drinking water shall be sold unless, prior to the time of sale the
private water supply is sampled and analyzed pursuant to the requirements of section 8-90 of this
article and the results of the analysis are reported to the buyer. The results shall also be reported to the
building official, prior to sale, in accordance with the requirements of section 8-90(3) of this article.
(b) A water sample collected pursuant to the requirements of this section shall be collected not more
than one year prior to the effective date of the agreement for sale of the property.
(Ord. No. 2003-17, § 8, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-94. - Retention of records for public inspection.
(a) The building official shall keep a record of all analytical results submitted under this article for a
minimum of ten years after receiving such results.
(b) The building official shall segregate and file separately those analytical results which indicate that
compounds were detected above the method detection limit and/or the applicable MCL or Part 20 I
criterion.
(c) The building official shall prepare, and update at least annually, a map or drawing of the township
that illustrates the properties where compounds have been detected above the method detection limit
and/or the applicable MCL or Part 20 I criterion.
(d) These records shall be open to inspection by the public and copies thereof shall be provided, upon
request, pursuant to the requirements of the Michigan Freedom of Information Act, MCL 15.231 et seq.
(Ord. No. 2003-17, § 9, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-95. - Coordination with other drinking water requirements.
Nothing in this article shall be deemed to waive, modify or abrogate any other requirements of law
promulgated, administered or enforced by any other governmental agency or entity with appropriate
jurisdiction, including, but not limited to, the Allegan County Health Department, the MDEQ and the
U.S. EPA. The requirements of this article shall be in addition to any requirements of any other
governmental agency or entity with appropriate jurisdiction.
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(Ord. No. 2003-17, § 10, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-96. - Enforcement; penalties.
(a) Municipal civil infraction. A violation of this article is a municipal civil infraction, for which the fine
shall be $100.00 for the first offense, $250.00 for the second offense, and $500.00 for subsequent
offenses, in the discretion of the court, and in addition to all other costs, damages, expenses and actual
attorneys fees incurred by the township in enforcing the article and/or remedying the violation of the
article. For purposes of this section, a subsequent offense means a violation of this article committed
with respect to a separate incident by the same person within 12 months after a previous violation of
the article for which said person admitted responsibility or was adjudicated to be responsible. Each day
that a violation occurs shall constitute a separate offense.
(b) Injunctive relief. A violation of this article is hereby declared to be a nuisance per se. The township
may seek injunctive relief to abate the violation and, in the injunctive action, also seek its costs,
damages, expenses and actual attorneys fees incurred in enforcing the article and/or in remedying the
violation of the article, in addition to other relief provided by law.
(c) Remedies under building code. The township may also pursue all remedies available to it under
the Michigan Building Code to abate, correct and/or penalize a violation of this article.
(d) Cumulative remedies. The remedies provided by this section are cumulative. The township may
elect to pursue enforcement by anyone, a combination of, or all of the methods provided above, in
addition to pursuing any other remedies provided by law.
(Ord. No. 2003-17, § 11, 11-5-2003; Ord. No. 2008-02, § 1, 5-7-2008)
Sec. 8-97. - Sampling and analysis of groundwater prior to the issuance of building permits for
residential dwellings.
(1) Findings/purpose. The Township Board of the Township of Saugatuck hereby finds that there are
certain areas of the township where, because of historical and ongoing releases of chemical
constituents to the environment, groundwater has been adversely affected by contaminants in
concentrations greater than those considered safe for human consumption. In addition, because of the
presence of businesses in the township that utilize hazardous substances, such as gasoline service
stations, there exists an ongoing risk of new releases of hazardous substances to the environment that
could contaminate groundwater in additional locations. The board further finds that there are several
locations in the township where a public water supply is not available and where residents rely,
therefore, on groundwater as a source of drinking water. This section has been adopted for the purpose
of ensuring that new residential dwellings that will rely on a private water supply for drinking water are
not constructed in areas where the groundwater has been contaminated by chemical constituents at
concentrations exceeding levels that are safe for human consumption, unless an alternative source of
safe drinking water is secured, and for the purpose of disclosing water quality in existing residential
dwellings that rely on a private water supply for drinking water.
(2) Authority. This section is adopted under the township's general regulatory authority to adopt
ordinances for the protection of the health, safety and welfare of its inhabitants under the Township
Ordinances Act, MCL 41.181 et seq. and is more specifically authorized by section P2901.1 of the
Michigan Residential Code, being a part of the Michigan Building Code, which requires that all
residential dwellings be provided with a supply of potable water as a condition for the issuance of a
building permit.
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(3) Definitions. As used in this section, the following words, terms and phrases shall be defined as
follows:
Applicant property means a lot, parcel or other unit of real property for which a building permit for the
construction of a residential dwelling is sought that will rely on a private water supply as a source of
drinking water.
Community water supply means a public water supply that provides year-round service to not fewer
than 15 living units or that regularly provides year-round service to not fewer than 25 residents, and
which is regulated by the MDEQ pursuant to the Michigan Safe Drinking Water Act, 1976 PA 399, as
amended.
MCL means the maximum contaminant level for a constituent in drinking water, as established by the
U.S. EPA.
MDEQ means the Michigan Department of Environmental Quality.
Private water supply means any water supply well that is not a community water supply, that provides
water for drinking or household purposes, and which is constructed in accordance with the
requirements of the Michigan Well Construction Code, MAC R 325.1601 et seq.
Public water supply means a waterworks system that provides water for drinking or household
purposes to persons other than the supplier of the water, and does not include either of the following:
(1)
A waterworks system that supplies water to only one living unit.
(2)
A waterworks system that consists solely of customer site piping.
Source property means a lot, parcel or unit of real property, other than an applicant property, on which
a private water supply is located that will be used as a source of drinking water for an applicant
property.
Test well means a well that is used to obtain information on groundwater quantity, quality, or aquifer
characteristics for the purpose of designing or operating a water supply well, and which is constructed
in accordance with the requirements of the Michigan Well Construction Code, MAC R 325.1601 et seq.
U.S. EPA means the United States Environmental Protection Agency.
(4) Required testing of private water supply. The township building official, or his or her designee, or
any other township official, shall not issue a building permit for the construction of a residential dwelling
on an applicant property unless and until the record owner of the applicant property first submits
analytical test results for the private water supply to be utilized by the dwelling to the building official,
demonstrating that the water from the private water supply has been sampled and analyzed pursuant to
the requirements of this section and meets the standards prescribed by this section.
(5) Sampling and analytical methods and procedures. The collection, analysis and reporting
procedures for the water sample from the private water supply shall comply with the following
requirements:
(a)
Sample collection.
1.
Except as provided in subsection 2., the water sample shall be collected from a private
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water supply located on the applicant property.
2. The water sample may be collected from a private water supply on a source property if
the record owner of the applicant property submits to the building official a legal instrument
recorded with the Allegan County Register of Deeds that conveys to the applicant property
the right to obtain drinking water from a private water supply on the source property without
time limitation or expiration.
3. The water sample shall be collected in accordance with MDEQ MERA Operational
Memorandum #16, as it may be amended or supplemented from time to time, by a
representative of a laboratory certified by the MDEQ Environmental Science and Services
Division, or its successor agency or division, as a certified drinking water chemical laboratory.
4. The water sample shall be collected not more than one year prior to the submission of a
building permit for the construction of a dwelling on the applicant property.
(b)
Sample analysis.
1. The water sample shall be analyzed for all volatile organic compounds (VOCs) for which
the U.S. EPA has established an MCL, for all VOCs for which the MDEQ has established a
residential drinking water criteria pursuant to part 201 of the Natural Resources and
Environmental Protection Act (the "part 201 criteria"), and for nitrates and nitrites.
2. The water sample shall be analyzed by a laboratory certified by the MDEQ
Environmental Science and Services Division, or its successor agency or division, as a
certified drinking water chemical laboratory, using one of the analytical methods approved by
MDEQ MERA Operational Memorandum #16, as it may be amended or supplemented from
time to time.
(c)
Reporting of results.
1. The analytical results for the water sample shall be provided in a written report,
identifying the method detection limit for each compound and the concentration of each
detected compound in milligrams per liter. The report shall conspicuously identify all
compounds that were detected and all compounds that were detected above the applicable
mcl and/or above the applicable part 201 criterion.
2. The written report of the analytical results shall be provided directly to the building
official by the certified drinking water chemical laboratory.
(6)
Drinking water standards.
(a) If the analytical results for the water sample from the private water supply indicate that any of
the analyzed compounds were detected at a concentration above the MCL and/or above the part
201 criterion for that compound, then a building permit shall not be issued for the construction of a
dwelling on the applicant property unless and until the owner of the applicant property
demonstrates one of the following to the building official:
1. That the applicant property will be served by an MDEQ-approved community water
supply; or
2.
That drinking water will be supplied to the applicant property from a private water supply
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on a source property that meets the requirements of this section.
(7) Use of approved private water supply only. After a building permit has been issued for a dwelling
on an applicant property based on the analytical results for a private water supply meeting the
requirements of this section, the dwelling shall thereafter rely only on the approved private water supply
as the primary source of drinking water for the dwelling, unless the owner of the applicant property first
demonstrates to the building official that the applicant property will be served by an MDEQ-approved
community water supply or by another private water supply that meets the requirements of this section.
(8)
Sampling and analysis of groundwater prior to sale of property.
(a) No lot, parcel or other unit of real property in the township on which exists a dwelling that
relies on a private water supply as a source of drinking water shall be sold unless, prior to the time
of sale the private water supply is sampled and analyzed pursuant to the requirements of
subsection (5) and the results of the analysis are reported to the buyer. The results shall also be
reported to the building official, prior to sale, in accordance with the requirements of subsection
(5)(c).
(b) A water sample collected pursuant to the requirements of this section shall be collected not
more than one year prior to the effective date of the agreement for sale of the property.
(9)
Retention of records for public inspection.
(a) The building official shall keep a record of all analytical results submitted under this section
for a minimum of ten years after receiving such results.
(b) The building official shall segregate and file separately those analytical results which indicate
that compounds were detected above the method detection limit and/or the applicable MCL or part
201 criterion.
(c) The building official shall prepare, and update at least annually, a map or drawing of the
township that illustrates the properties where compounds have been detected above the method
detection limit and/or the applicable MCL or part 201 criterion.
(d) These records shall be open to inspection by the public and copies thereof shall be provided,
upon request, pursuant to the requirements of the Michigan Freedom of Information Act, MCL
15.231, et seq.
(10) Coordination with other drinking water requirements. Nothing in this section shall be deemed to
waive, modify or abrogate any other requirements of law promulgated, administered or enforced by any
other governmental agency or entity with appropriate jurisdiction, including, but not limited to, the
Allegan County Health Department, the MDEQ and the U.S. EPA. The requirements of this section
shall be in addition to any requirements of any other governmental agency or entity with appropriate
jurisdiction.
(11) Enforcement; penalties.
(a) Municipal civil infraction. A violation of this section is a municipal civil infraction, for which the
fine shall be $100.00 for the first offense, $250.00 for the second offense, and $500.00 for
subsequent offenses, in the discretion of the court, and in addition to all other costs, damages,
expenses and actual attorneys fees incurred by the township in enforcing the section and/or
remedying the violation of the section. For purposes of this section, a subsequent offense means
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a violation of this section committed with respect to a separate incident by the same person within
12 months after a previous violation of the section for which said person admitted responsibility or
was adjudicated to be responsible. Each day that a violation occurs shall constitute a separate
offense.
(b) Injunctive relief. A violation of this section is hereby declared to be a nuisance per se. The
township may seek injunctive relief to abate the violation and, in the injunctive action, also seek its
costs, damages, expenses and actual attorneys fees incurred in enforcing the section and/or in
remedying the violation of the section, in addition to other relief provided by law.
(c) Remedies under building code. The township may also pursue all remedies available to it
under the Michigan Building Code to abate, correct and/or penalize a violation of this section.
(d) Cumulative remedies. The remedies provided by this section are cumulative. The township
may elect to pursue enforcement by any one, a combination of, or all of the methods provided
above, in addition to pursuing any other remedies provided by law.
(Ord. No. 2004-01, 2-4-2004)
Chapter 10 - BUSINESSES [12]
(RESERVED)
(12)
Cross reference— Alcoholic liquors, ch. 4; amusements and entertainments, ch. 6; telecommunications, ch.
32; C-1 general commercial zoned district, § 40-366 et seq.; C-2 local commercial zoned district, § 40-416 et seq.;
C-3 interchange commercial district, § 40-466 et seq.; I-1 industrial zoned district, § 40-521 et seq.; home
occupations, § 40-642; day care homes, § 40-661 et seq.; franchises, app. A.
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Chapter 12 - CEMETERIES [13]
(13)
Cross reference— Administration, ch. 2.
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT
ARTICLE III. - CEMETERY CERTIFICATES
ARTICLE IV. - RULES AND REGULATIONS
(13)
State Law reference— Authority to acquire and maintain cemeteries, MCL 128.1; cemetery regulations act, MCL
456.521 et seq.; permit for disposition of body, MCL 333.2850. (Back)
Sec. 12-2. - Other applicable laws, rules and regulations.
All cemeteries owned or which may be acquired by the township are declared to be public burying
grounds, and no person or organization of persons shall establish any cemetery within the township,
nor shall any person bury any body in public burying grounds except in accordance with state law and
the regulations of the state and the township.
(Ord. No. 85, art. I, § 1, 8-16-2000)
Sec. 12-2. - Other applicable laws, rules and regulations.
Where provisions of any applicable local, state or federal law, rule or regulation impose greater
restrictions or higher standards than those restrictions or the rules and regulations adopted pursuant to
this chapter, the provisions of such law, rule or regulation shall control.
(Ord. No. 85, art. VI, § 3, 8-16-2000)
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ARTICLE II. - ADMINISTRATION AND ENFORCEMENT [14]
(14)
Sec. 12-31. - Management, supervision and operation.
Sec. 12-32. - Designation of manager.
Sec. 12-33. - Reserved.
Sec. 12-34. - Enforcement.
Sec. 12-35. - Fees and charges.
Sec. 12-31. - Management, supervision and operation.
Pursuant to the authority contained in Public Act No. 251 of 1968 (MCL 456.521 et seq.), the
management, supervision and operation of township cemeteries shall be and remain under the
authority of the township board.
(Ord. No. 85, art. II, § 1, 8-16-2000)
Sec. 12-32. - Designation of manager.
The township sexton is hereby designated as the person responsible for the efficient management and
operation of the township cemeteries.
(Ord. No. 85, art. II, § 2, 8-16-2000)
Editor's note— Ord. No. 2009-05, § 1, adopted Dec. 2, 2009, repealed § 12-33, which pertained to cemetery committee
and derived from Ord. No. 85, art. II, § 3, adopted Aug. 16, 2000.
(a) Authorized township officials. Authorized township officials are hereby designated as any county
deputy sheriff, the county sheriff, any state trooper, as well as the township constable, the township
supervisor and the township zoning administrator. Authorized township officials are hereby authorized
to investigate all complaints of violations of this chapter and are authorized to issue municipal civil
infraction citations directing alleged violators to appear in court or municipal civil infraction notices
directing alleged violators to appear at the municipal violations bureau, as provided by chapter 22,
article II, pertaining to municipal civil infractions.
(b) Municipal civil infractions. A violation of this chapter shall include any act which is prohibited or
made or declared to be an offense and shall be a municipal civil infraction as defined by chapter 22,
article II. The terms, provisions, procedures, contents, penalties, fines, sanctions, and relief of chapter
22, article II, shall apply to all complaints and violations of this chapter.
(Ord. No. 85, art. VII, §§ 1, 2, 8-16-2000)
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Sec. 12-35. - Fees and charges.
(a) Purpose. The fees and charges for the sale of cemetery certificates and the right to use cemetery
grounds and lots, for the purpose of recovering the costs of acquisition, construction, reconstruction,
maintenance and operation, shall be established, adopted and amended from time to time by resolution
of the township board, upon recommendation of the township sexton.
(b) Types. Such fees and charges may be established for but are not limited to the sale of cemetery
certificates and perpetual care of such lots, burials, removals, foundations, certificate issuance,
certificate transfer, and operational and maintenance services as may be determined.
(Ord. No. 85, art. V, §§ 1, 2, 8-16-2000; Ord. No. 2009-05, § 2, 12-2-2009)
ARTICLE III. - CEMETERY CERTIFICATES
Sec. 12-61. - Issuance.
Sec. 12-62. - Rights of usage.
Sec. 12-63. - Transferability.
Sec. 12-61. - Issuance.
Each purchaser of a lot or grave will be issued a certificate of burial right and cemetery care, duly
issued and recorded by the township clerk.
(Ord. No. 85, art. III, § 1, 8-16-2000)
Sec. 12-62. - Rights of usage.
Burial in any cemetery burial lot or space shall be restricted to the certificate holder of such lot or space
and the certificate holder's spouse, child or stepchild, parent or stepparent, or grandchild or
stepgrandchild. In the event of unforeseen circumstances or questions of identity, the township sexton
shall reach a determination for the right of usage taking into consideration any and all available
evidence either written or oral. The determination of the township sexton is considered to be final
unless appealed to the township board within 30 calendar days. Upon appeal the township board
decision is conclusive and binding on all parties.
Rights of a cemetery certificate may revert to the township for any burial space that remains unused for
a period of 50 years or more from a recorded date of purchase, transfer, or correspondence, whichever
is later. Such lack of activity shall constitute failure and neglect of the certificate holder to care for and
maintain the burial space. The rights of the cemetery certificate holder may then be defaulted in
accordance with the procedure in MCL 128.12 as amended or restated or superseded.
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(Ord. No. 85, art. III, § 2, 8-16-2000; Ord. No. 2009-05, § 3, 12-2-2009)
Sec. 12-63. - Transferability.
(a) Procedures. Cemetery certificates are nontransferable except through the execution of an
appropriate instrument of transfer issued by the township, upon surrender of the previous certificate
and payment of a charge therefore.
(b) Transferable relative defined. Lots may be transferred to a transferable relative upon payment of a
nominal charge for each certificate issued. For the purposes of this subsection, a transferable relative is
defined as a spouse, child or stepchild, parent or stepparent, or grandchild or stepgrandchild.
(c) Other than transferable relative. Lots may be transferred to other than a transferable relative as
defined in subsection (b) of this section by payment to the township of the difference between the
original purchase price and the current prevailing applicable price.
(Ord. No. 85, art. III, § 3, 8-16-2000; Ord. No. 2009-05, § 4, 12-2-2009)
ARTICLE IV. - RULES AND REGULATIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
12-91. - Force and effect.
12-92. - Established.
12-93. - Applicability.
12-94. - Hours; restrictions.
12-95. - Nuisances.
12-96. - Abandoned planters.
Sec. 12-91. - Force and effect.
The standards, rules and regulations promulgated by the township sexton to carry out the purposes of
this chapter shall be adopted by resolution of the township board for full force and effect.
(Ord. No. 85, art. IV, § 1, 8-16-2000; Ord. No. 2009-05, § 5, 12-2-2009)
Sec. 12-92. - Established.
Cemetery standards, rules and regulations may be amended by resolution of the township board from
time to time, as necessary to carry out the intent of this chapter.
(Ord. No. 85, art. IV, § 2, 8-16-2000)
Sec. 12-93. - Applicability.
Cemetery standards, rules and regulations shall govern the management, maintenance, operation and
use of the municipal cemetery system for the township.
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(Ord. No. 85, art. IV, § 3, 8-16-2000)
Sec. 12-94. - Hours; restrictions.
(a) Municipal cemeteries shall be available for visitation and enjoyment by the public at all times,
unless the township board establishes an hours limitation by resolution.
(b) Motor vehicles, bicycles and pets controlled by a leash are permitted, but are restricted to
cemetery roads and drives. Motor vehicles and bicycles must be operated and pets must be controlled
in a safe and appropriate manner.
(c)
The cemeteries shall not be used for any recreational or similar purposes.
(Ord. No. 85, art. IV, § 4, 8-16-2000)
Sec. 12-95. - Nuisances.
No person shall, within any cemetery, create a nuisance or disturbance through the conduct of any of
the following acts:
(1)
The injury or defacing of any trees, flowers, lawns, shrubbery or marker.
(2)
The removal or injuring of any trees, flowers, lawns, shrubbery or marker.
(3) The deposit of rubbish or refuse, except as may be generated from the operation and
maintenance of cemetery grounds, lots and flower urns or baskets and except in rubbish
containers provided for such purposes.
(4)
Interfering or obstructing with the conduct of a funeral or burial ceremony.
(5) Engaging in any activity except that which is normally conducted within a cemetery for the
observance of funeral ceremonies; visitation; and/or care of the grounds, lots, markers, and
monument.
(Ord. No. 85, art. IV, § 5, 8-16-2000)
Sec. 12-96. - Abandoned planters.
Unused planters in the cemetery shall be removed September 1 and stored free of charge for a period
of one year, at which time the township may at its discretion dispose of them.
(Ord. No. 85, art. IV, § 6, 8-16-2000)
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Chapter 14 - ENVIRONMENT [15]
(15)
Cross reference— Buildings and building regulations, ch. 8; dangerous buildings, § 8-56 et seq.; floods, ch.
18; land divisions and subdivision regulations, ch. 20; planning, ch. 26; solid waste, ch. 28; streets, sidewalks and
other public places, ch. 30; utilities, ch. 36; waterways, ch. 38; zoning, ch. 40; moving of buildings, § 40-639.
ARTICLE II. - STORAGE OF DISMANTLED OR INOPERABLE MOTOR VEHICLES
ARTICLE III. - JUNKYARDS
ARTICLE IV. - NOISE CONTROL
(15)
State Law reference— Natural resources and environmental protection act, MCL 324.101 et seq. (Back)
ARTICLE II. - STORAGE OF DISMANTLED OR INOPERABLE MOTOR VEHICLES
[16]
(16)
Cross reference— Traffic and vehicles, ch. 34.
Sec. 14-27. - Municipal civil infractions.
Sec. 14-28. - Acts prohibited specifically; applicability.
Authorized Township Official means personnel authorized by chapter 22, article II, pertaining to
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municipal civil infractions.
Dismantled or Partially Dismantled Motor Vehicle means any Motor Vehicle from which some part or
ordinary component is removed or is missing.
Inoperable Motor Vehicle means any Motor Vehicle which, because of dismantling, disrepair, or other
cause whatsoever, is incapable of being self-propelled.
Motor Vehicle means any vehicle which is self-propelled or is intended to be self-propelled.
(Ord. No. 65, § 3, 11-20-1996)
A violation of this article shall include any act which is prohibited or made or declared to be an offense
and shall be a municipal civil infraction as defined by chapter 22, article II, pertaining to municipal civil
infractions. The terms, provisions, procedures, contents, penalties, fines, sanctions and relief of chapter
22, article II, shall apply to all complaints and violations of this article.
(Ord. No. 65, § 4, 11-20-1996)
Sec. 14-28. - Acts prohibited specifically; applicability.
(a) No person shall park, store or permit or suffer to be parked or stored any Dismantled or Partially
Dismantled Motor Vehicle or Inoperable Motor Vehicle upon any private premises within the township
for a period of time in excess of ten days after receiving written notice from an Authorized Township
Official as set forth in section 14-29
(b) This article shall apply to the registered owner of such a vehicle and to the owner and lessee of
the premises whereon such a vehicle is parked or stored.
(c) This article shall not apply to any vehicle parked or stored within a wholly enclosed structure, and
such structure being itself subject to zoning as provided in chapter 40
(d) This article shall not apply to the owner or lessee of any premises, who is not the registered owner
of such vehicle, and who shall notify the Authorized Township Official in writing that such vehicle is on
the premises without the consent of the owner or lessee and shall authorize such township official to
remove or cause to be removed the vehicle pursuant to Public Act No. 99 of 1964 (MCL 257.252).
(e) This article shall not apply to vehicles located within the confines of any junkyard licensed as such
by the township.
(Ord. No. 65, § 1, 11-20-1996)
(a) Notice as required in this article shall be given by an Authorized Township Official, in writing,
specifically notifying the vehicle owner, premises owner, and premises lessee of the identity and
location of such vehicle and further notifying such persons that failure to comply with this article within
ten days of receipt of such notice shall constitute a violation of chapter 22, article II, pertaining to
municipal civil infractions. Such notice shall be served by personal service or by U.S. certified mail. If
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served by mail, such notice shall be addressed as follows:
(1) For the vehicle owner, to the last known address of such owner, as shown by the records of
the secretary of state of the state of registration of such vehicle, or by information obtained from
the appropriate state agency or the county or local law enforcement agency.
(2) For a property owner, to the last known address of such owner as may be obtained from
township tax records.
(3)
For a premises lessee, to the mailing address of such premises.
(b) Mailed notice, as set forth in this section, shall be effective notice if addressed as set forth in
subsection (a) of this section, or if received by the addressee, whether or not such notice is addressed
as set forth in subsection (a) of this section.
(Ord. No. 65, § 2, 11-20-1996)
ARTICLE III. - JUNKYARDS [17]
(17)
State Law reference— Licensing and regulation of secondhand and junk dealers, MCL 445.401 et seq.,
445.471 et seq.
DIVISION 2. - LICENSE
Sec. 14-56. - Purpose and contents.
Sec. 14-59. - Identity of sellers of junk and records of purchases.
Sec. 14-60. - Fires.
Sec. 14-61. - Cleanup of vacated premises.
Sec. 14-56. - Purpose and contents.
The fundamental purpose of this article is to best protect the public health, interest, and general welfare
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of this township insofar as Junkyards and places for the dismantling of motor vehicles are concerned. In
accordance with this purpose, this article provides for the following:
(1)
The licensing and regulation of Junkyards and places for the dismantling of motor vehicles;
(2) The prescribing of rules, regulations and conditions for the operation of Junkyards and places
for the dismantling of motor vehicles;
(3)
Penalties for the violation of rules, regulations or conditions contained in this article;
(4) The penalty for the operation of Junkyards and places for the dismantling of motor vehicles
without a license; and
(5)
Enforcement.
(Ord. No. 2, § 1, 4-9-1956)
The following word, when used in this article, shall have the meaning ascribed to it in this section,
except where the context clearly indicates a different meaning:
Junkyard means any parcel or tract of land where worn, deteriorated, obsolete, discarded, scrapped,
junk or waste materials are bought, sold, exchanged, stored, disassembled or handled, including motor
vehicles, used building materials, structural steel materials, and appliances.
(Ord. No. 2, § 3, 4-9-1956)
The township supervisor shall be the enforcement officer of this article.
(Ord. No. 2, § 13, 4-9-1956)
Sec. 14-59. - Identity of sellers of junk and records of purchases.
(a) No Junkyard operator shall receive and/or buy and/or take delivery from any minor of any
property, junk, or used motor vehicles without the written consent of one of the parents of such minor or
the minor's legal guardian.
(b) No Junkyard operator shall purchase any junk and/or used motor vehicles from any person
without positively determining the seller's identity.
(c) Every Junkyard operator shall make a record of all purchases of junk and/or used motor vehicles,
which record shall be kept in a bound book maintained especially for such purpose. This record shall
contain the name of the seller, the seller's address, the means used by the Junkyard operator to
determine the seller's identity, the description of the property and/or used motor vehicle purchased, the
date on which the purchase was made, the price paid for the property and/or used motor vehicle, and
the license number of any vehicle used by the seller of the junk in delivering the junk to the Junkyard.
This book shall be open to inspection by members of the township board, township constables, and all
law enforcement officers of the state or any subdivision thereof.
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(Ord. No. 2, § 7, 4-9-1956)
Sec. 14-60. - Fires.
(a) No fire, whether used for the destruction of inflammable waste or junk material or otherwise, shall
be set or allowed to burn within 50 feet of the fence of any Junkyard. A fire shall only be set or allowed
to burn in a suitable container which will prevent the emission of sparks therefrom. No fire shall be
allowed to continue without an attendant being present.
(b) No wool, rubber, sulphur, or other materials tending to cause or causing a strong and/or
unpleasant odor and/or tending to cause or causing an injurious smoke or gas shall be burned in any
Junkyard, unless a suitable area and a suitable method, approved by the township board before any
fire is set, is provided by the owner of any Junkyard.
(c) The owner of any Junkyard shall be liable for the costs or fees charged by any fire department for
answering a fire call at the Junkyard.
(Ord. No. 2, § 10, 4-9-1956)
Sec. 14-61. - Cleanup of vacated premises.
Any person who shall decide to vacate the person's place of business of a Junkyard or who shall have
the person's Junkyard license revoked shall have 30 days to clean up the premises where such
business was established. If the person fails to comply with this section, the township board shall cause
such premises to be cleaned up and shall collect the cost of such from such person.
(Ord. No. 2, § 11, 4-9-1956)
DIVISION 2. - LICENSE
Sec. 14-86. - Required.
Sec. 14-87. - Form of application.
Sec. 14-88. - Fee.
Sec. 14-89. - Denial.
Sec. 14-90. - Revocation.
Secs. 14-91—14-115. - Reserved.
(a) No person shall operate a Junkyard in the township without a Junkyard license issued by the
township board.
(b) The township board is empowered to issue licenses to persons for the conduct of Junkyards within
the township, which licenses shall be for one year unless sooner revoked by the township board.
(Ord. No. 2, § 4, 4-9-1956)
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Sec. 14-87. - Form of application.
(a) Any person desiring a township Junkyard license shall submit to the township board an application
containing the following information:
(1)
The name of the owner of the proposed Junkyard.
(2) The mailing address of the owner of the proposed Junkyard and the mailing address of the
proposed Junkyard.
(3) The legal description of the premises proposed to be used as a Junkyard, together with full
information as to whether the land is owned in fee or is leased, and if it is leased the name and
address of the lessor and the terms of the lease.
(4) The arrest record of the owner if the applicant is a sole proprietorship, the arrest record of the
members of a firm if the applicant is a firm, and the arrest record of the officers of an association
or corporation if the applicant is an association or corporation proposing to operate the Junkyard.
(5) Whether any operations are proposed which will be injurious to the public health or result in
unpleasant odors or loud noises.
(b) All applications shall contain true statements of fact. If the applicant is a single individual, it shall
be signed by the individual; if the applicant is a partnership, it shall be signed by a partner; and if the
applicant is an association or corporation, it shall be signed by an officer thereof.
(Ord. No. 2, § 6, 4-9-1956)
Sec. 14-88. - Fee.
(a) The fee for a Junkyard license shall be as established by resolution of the township board from
time to time, which fee shall be transmitted to the township board with the license application of any
person desiring a township Junkyard license.
(b) If the person's application shall be accepted and a license shall be issued, the fee shall be
deposited in the general fund of the township. If the application for a Junkyard license shall be refused,
the fee shall be returned to the applicant.
(c) The fee shall be due January 1 of each year, and no half-year license shall be granted until July 1
of each year.
(Ord. No. 2, § 5, 4-9-1956)
Sec. 14-89. - Denial.
The township board may in its discretion, for just cause, refuse to grant the license provided for in this
division. Just cause shall include, but not by way of limitation, failure to possess suitable premises,
failure to have proper fencing upon the premises, and a previous violation of this article by the
applicant. However, no application for a license shall be refused until a hearing thereon shall be held by
the township board, of which the applicant shall have ten days' notice and at which hearing the
applicant shall be permitted to present evidence in the applicant's behalf.
(Ord. No. 2, § 4, 4-9-1956)
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Sec. 14-90. - Revocation.
The license of any Junkyard operator may be revoked by the township board upon a showing that any
Junkyard operator has violated any section of this article. However, no license shall be revoked until a
hearing thereon shall be held by the township board, of which the licensee shall have ten days' notice
and at which hearing the licensee shall be permitted to present evidence in the licensee's behalf.
(Ord. No. 2, § 12, 4-9-1956)
Secs. 14-91—14-115. - Reserved.
ARTICLE IV. - NOISE CONTROL [18]
(18)
Cross reference— Noise, § 24-4.
Sec.
Sec.
Sec.
Sec.
Sec.
14-117. - Authorized township officials.
14-118. - Municipal civil infractions.
14-119. - Acts prohibited generally.
14-120. - Acts prohibited specifically.
Immediate Vicinity, of the noise or disturbance, means any distance within 100 feet of the noise or
disturbance source or any distance within 50 feet of any property line adjacent to the parcel or lot upon
which the source of noise or disturbance is conducted, as determined by an authorized township official
during the course of investigating an incident of noise or disturbance.
(Ord. No. 59, § 1, 4-17-1996)
Sec. 14-117. - Authorized township officials.
Authorized township officials are hereby designated as any county deputy sheriff, the county sheriff,
any state trooper, as well as the township constable, the township supervisor and the township zoning
administrator. Such officials are hereby authorized to investigate all complaints of violations of this
article and are authorized to issue municipal civil infraction citations directing alleged violators to appear
in court or municipal civil infraction notices directing alleged violators to appear at the municipal
violations bureau, as provided by chapter 22, article II, pertaining to municipal civil infractions.
(Ord. No. 59, § 3, 4-17-1996)
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and shall be a municipal civil infraction as defined by chapter 22, article II, pertaining to municipal civil
infractions. The terms, provisions, procedures, contents, penalties, fines, sanctions and relief of chapter
22, article II, shall apply to all complaints and violations of this article.
(Ord. No. 59, § 4, 4-17-1996)
Sec. 14-119. - Acts prohibited generally.
A person shall not create, assist in creating, continue or permit the continuance of any excessive or
unnecessary loud sound disturbance or noise of a high volume or intensity which is clearly audible and
disturbs, annoys, or endangers the calm, comfort, quiet, repose, health, peace or safety of others
beyond the Immediate Vicinity of the noise or disturbance. For purposes of this article, the description
of a loud sound disturbance or noise may include any characteristics of such sound or noise, including
duration, intensity, frequency and the audible distance, at which it is capable of being heard. Such
noise or loud disturbance shall be a violation of this article and, accordingly, a violation of chapter 22,
article II, pertaining to municipal civil infractions.
(Ord. No. 59, § 1, 4-17-1996)
Sec. 14-120. - Acts prohibited specifically.
(a) A person shall not commit or cause to be committed any of the following acts of noise or loud
disturbance, which are deemed as violations of this article and, accordingly, as violations of chapter 22,
article II, pertaining to municipal civil infractions:
(1) The sounding of any horn or signaling device on any vehicle while not in motion, except as a
danger signal or to give warning of intent to enter a lane of traffic.
(2) The playing or use of any battery- or electric-operated or electronic sound producing or
amplifying device, speaker or any instrument in such a manner or with such loud volume or
intensity at any time or place so as to disturb, destroy or endanger the comfort, repose, rest or
peace of persons beyond the Immediate Vicinity of the noise or disturbance.
(3) The sound created by any kept animal when such animal noise or disturbance is frequent
and continued and clearly audible at a distance beyond the Immediate Vicinity of the noise or
disturbance during the hours of 10:00 p.m. to 8:00 a.m. daily.
(b) Any owner or occupant of premises or a parcel of land or any person who has been given lawful
permission to use or control any premises or parcel of land shall not knowingly permit a violation of this
article by another person on such premises or parcel of land.
(c) A person shall not jostle or roughly crowd or interfere with the free movement of another person or
direct abusive, obscene or threatening language toward another person in a public place or public area.
(d) A person shall not create a loud noise or disturbance in or with a vehicle so as to disturb, destroy
or endanger the peace, comfort or repose of persons beyond the Immediate Vicinity of the source of
the noise or disturbance.
(Ord. No. 59, § 2, 4-17-1996)
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Chapter 16 - FIRE PREVENTION AND PROTECTION [19]
(19)
Cross reference— Buildings and building regulations, ch. 8; fire prevention considerations, § 40-623.
ARTICLE II. - INTERNATIONAL FIRE CODE
ARTICLE III. - COST RECOVERY
ARTICLE IV. - FIREWORKS
ARTICLE V. - OPEN BURNING
(19)
State Law reference— State fire prevention code, MCL 29.1 et seq.; township fire protection, MCL 41.801 et seq.
(Back)
ARTICLE II. - INTERNATIONAL FIRE CODE [20]
(20)
Editor's note— Ord. No. 2008-04, § 1, adopted Sept. 3, 2008, amended Art. II in its entirety to read as herein
set out. Former Art. II, §§ 16-26 and 16-27 pertained to fire prevention code and derived from Ord. No. 52, §§ 1,
2, adopted April 19, 1995.
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Sec. 16-26. - Adopted.
Sec. 16-27. - Amendments.
Sec. 16-28. - Geographic limits.
Sec. 16-29. - Repeal.
Sec. 16-30. - Existing rights.
Sec. 16-31. - Validity.
Sec. 16-26. - Adopted.
That a certain document, which is on file in the office of the Clerk of Saugatuck Township, being
marked and designated as the International Fire Code, 2006 edition, including all appendix chapters as
published by the International Code Council, be and is hereby adopted as the Fire Code of the
township of Saugatuck, in the State of Michigan regulating and governing the safeguarding of life and
property from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or property in the occupancy
of buildings and premises as herein provided; providing for the issuance of permits and collection of
fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said
fire code on file in the office of the township of Saugatuck are hereby referred to, adopted, and made a
part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any,
prescribed in section 16-27 of this article.
(Ord. No. 2008-04, § 1, 9-3-2008)
That the following sections are hereby revised:
Section 101.1 Insert: Saugatuck Township
Section 103.2. Shall read: Appointment. As used in this code, the term "Fire Code Official" shall
refer to the Fire Chief of the township of Saugatuck, or such other individual as the Board of the
township of Saugatuck may from time to time appoint by resolution.
Section 109.3. Insert: Misdemeanor, Insert: $500, Insert: 90 days.
Section 111.4. Insert: $50, Insert: $500.
(Ord. No. 2008-04, § 1, 9-3-2008)
Sec. 16-28. - Geographic limits.
That the geographic limits referred to in certain sections of the 2006 International Fire Code are hereby
established as follows:
Section 3204.3.1.1, Section 3404.2.9.5.1, Section 3406.2.4.4, and Section 3804.2: The township of
Saugatuck
(Ord. No. 2008-04, § 1, 9-3-2008)
Sec. 16-29. - Repeal.
Ordinances or parts of ordinances (including any resolutions) in conflict with this article are, to the
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extent of such conflict, hereby rescinded and revoked, specifically Ordinance Number 52 dated April
19, 1995.
(Ord. No. 2008-04, § 1, 9-3-2008)
Sec. 16-30. - Existing rights.
That nothing in this article or in the fire code hereby adopted shall be construed to affect any suit or
proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes
of action acquired or existing, under any act or ordinance hereby repealed as cited in section 16-29 of
this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by
this article.
(Ord. No. 2008-04, § 1, 9-3-2008)
Sec. 16-31. - Validity.
That if any section, subsection, sentence, clause or phrase of this article is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this article.
(Ord. No. 2008-04, § 1, 9-3-2008)
ARTICLE III. - COST RECOVERY [21]
(21)
Editor's note— Ord. No. 2008-05, § 1, adopted Dec. 3, 2008, amended Art. III in its entirety to read as herein
set out. Former Art. III, §§ 16-56—16-62, pertained to charge for emergency services, and derived from Ord. No.
50, §§ 1—7, adopted June 24, 1992.
Sec. 16-58. - Township's assessable costs.
Sec. 16-59. - Fire district's assessable costs.
Sec. 16-60. - Billing and collection of assessable costs.
Sec. 16-61. - Procedure for appealing assessable costs.
Sec. 16-62. - Assessable costs a lien upon property.
Sec. 16-63. - Other remedies.
Sec. 16-64. - No limitation of liability.
Saugatuck Township hereby finds that in order to protect the township and its general populace from
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extraordinary costs associated with providing for police, fire fighting, rescue, and emergency medical
services within the township limits, it has become necessary to charge certain costs for providing these
services. The township finds that this legislation is necessary to fairly allocate the costs among those
responsible for them; to establish a policy and set forth the methods by which it may recover costs
incurred in making emergency responses and providing such response services; and to provide for the
health, safety and welfare of its residents.
(Ord. No. 2008-05, § 1, 12-3-2008)
Unless the context explicitly indicates otherwise, the meaning of the terms used in this article shall be
as follows:
(1) The township. "The township" refers to Saugatuck Township, County of Allegan, State of
Michigan, only.
(2) Assessable costs. "Assessable costs" means the direct and reasonable costs incurred in
connection with a response to a public safety or fire emergency incident within the township.
These costs include all salaries, wages, or fringe benefits of the township personnel responding to
the incident; salaries, wages, or fringe benefits of the township personnel engaged in the
investigation, supervision and report preparation regarding the incident; all salaries, wages, or
fringe benefits of the personnel of assisting governmental agencies or any other private or public
entities operating at the request, direction, or on behalf of the township in response to the incident;
salaries, wages, or fringe benefits of the personnel of the Saugatuck Township Fire District ("fire
district"); and all costs connected with the administration of the incident relating to any prosecution
of the person(s) responsible, including those relating to the production and appearances of any
witnesses. Additional costs may include, but are not limited to, the rental or leasing of equipment
for a specific response, replacement of equipment which is destroyed or contaminated in the
response, laboratory costs and equipment, medical expenses incurred as a result of response
activities, and any legal expenses that may be incurred as a result of an emergency response
including efforts to recover expenses pursuant to this article.
(3) Emergency assistance. "Emergency assistance" means any response by medical, public
safety, police, fire or civil defense services to respond to an emergency incident.
(4)
Emergency incident. "Emergency incidents" include the following:
a.
Excessive requests for emergency assistance;
b.
A false alarm;
c.
A hazardous material incident or emergency;
d.
An illegal fire;
e.
Threats of harm;
f.
A structure demolition or utility line failure;
g.
Water rescue attempts; or
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h. Any other incident where emergency medical, public safety, police, fire or civil defense
services are necessary.
(5) Excessive request for emergency assistance. "Excessive request" means any request for
emergency assistance made for a particular location or premises if emergency assistance has
been provided to that location or premises more than five times in the preceding 30 days.
(6) False alarm. "False alarm" means the intentional or non-intentional activation of an
automated or manual device which was designed to request of summon emergency assistance
when there was no need for emergency assistance, and any request for emergency assistance
when the requesting person or entity knew or should have known that there was no actual need
for such assistance. The determination that there was no actual need for emergency assistance
shall be made by the chief of the fire district or by the most senior official of the fire district
responding to the false alarm. A false alarm shall not include any response to a request for
emergency assistance which was caused by an act of God.
(7) Hazardous materials. "Hazardous materials" means any explosive, pyrotechnic, compressed
gas, flammable liquid, flammable solid, combustible liquid, oxidizing material, poisonous gas,
poisonous liquid, poisonous solid, etiological material, radioactive material, corrosive material or
liquefied petroleum gas and also includes, but is not limited to, any of the following:
a. Any material listed in the list of toxic pollutants found in 40 CFR 401.15 et seq., as
amended, or under any other federal law or regulations;
b. Any material regulated as a class A or class B explosive by the United States
Department of Transportation, pursuant to 49 CFR 173.5;
c.
Any flammable liquid or solid regulated by the United States Department of
Transportation, pursuant to 49 CFR 171.1 et seq.;
d. Any material designated as a hazardous material by the Secretary of the United States
Department of Transportation through regulations found at 49 CFR 171.1 et seq.;
e. Any material deemed a "hazardous substance" as defined by 1994 PZ 451, Part 207,
Subsection 20101(n), MCL 324.20101(n);
f.
Any material designed a hazardous material by state or federal law or regulations;
g. Any hazardous chemical substance or mixture with respect to which the Administrator of
the Environmental Protection Agency has taken action pursuant to section 7 of the Toxic
Substance Control Act; and
h. Any otherwise nonhazardous material which becomes a potential hazard to vehicular or
pedestrian traffic.
(8) Hazardous material incident or emergency. "Hazardous material incident or emergency"
means any occurrence, incident, activity, accident or emergency where a release of hazardous
materials occurs or is reasonably imminent, as determined by the chief of the fire district or the
most senior official of the fire district responding to the incident.
(9) Illegal fire. "Illegal fire" means a fire set or determined to have been set in violation of a
federal, state or local law and shall include an arson fire and a fire set in violation of a "no burning"
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ban or order. An illegal fire does not include a fire caused by an act of God.
(10) Release. "Release" means any actual or threatened spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, leaching, dumping or disposing into the environment,
including but not limited to the air, soil, groundwater and surface water.
(11) Responsible party. "Responsible party" means any individual, firm, corporation, association,
partnership, government entity or other entity responsible for an emergency incident or assistance
or any owner, tenant, occupant or party in control of real and personal property from which, onto
which or related to which there is an emergency incident or assistance and their heirs, estates,
successors and assigns.
(12) Structure demolition. "Structure demolition" means the tearing down of a structure damaged
by fire which must in the opinion of the chief of the fire district or the most senior official of the fire
district responding to the incident be promptly demolished following the fire to protect public
safety.
(13) Threat of harm. "Threat of harm" means the verbal or written threat of physical harm to
oneself, another, or another's property which if carried out would be a violation of federal, state or
local law.
(14) Utility line failure. "Utility line failure" means the disabling of any transmission or service line,
cable, conduit, pipeline, wire or the like used to provide, collect or transport electricity, natural gas,
communication or electronic signals, or water, sanitary or storm sewage if the owner or party
responsible for the maintenance of such utility line does not respond within one hour to a request
to repair or correct such failure.
(15) Vehicle. "Vehicle" means any motorized or self-propelled means of transportation including,
but not limited to, automobiles, ATV's, railroad engines and other cars, boats, helicopters, planes,
and/or other aircraft, and all trailers, vehicles, or other appurtenances attached to any vehicle.
(16) Water rescue. "Water rescue" means any emergency incident on a body of water where
emergency medical, public safety, police, fire or civil defense services are necessary. Bodies of
water include rivers, lakes, streams, impoundments, estuaries, springs, wells, or other
collectors/collections of water.
(Ord. No. 2008-05, § 1, 12-3-2008)
Sec. 16-58. - Township's assessable costs.
(a) The township may recover all of its assessable costs incurred in connection with any emergency
assistance provided within its boundaries from any or all responsible parties jointly and severally.
(b) The township manager or, in his or her absence, a board member or township officer designated
by the board as its representative in this matter ("board's designee) shall determine the township's total
assessable costs and shall in such emergency incidents determine whether to assess any, all or part of
such costs against any of the responsible parties. In making such determinations, the following shall be
considered:
(1)
Total assessable costs:
(2)
Any risk the incident imposed on the township, its residents and their property;
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(3)
The risk of injury or damage to persons or property;
(4)
Any evacuation required because of the incident;
(5)
Any unusual or extraordinary use of the township personnel or equipment; and/or
(6)
Any damage to the environment.
(c) After the consideration of the factors listed in subsection (b) immediately above, the township
manager or the board's designee may allocate assessable costs among and between responsible
parties, including allocating all or some of such costs jointly and severally against more than one
responsible party regardless of whether a responsible party has other legal liability or is legally at fault.
(d) Whether the township manager or the board's designee determines to assess all, part or none of
the assessable costs against a responsible party, such determination shall not in any way limit or
extinguish the liability of the responsible party to the township or any other person, corporation,
partnership, government entity or any other entity.
(Ord. No. 2008-05, § 1, 12-3-2008)
Sec. 16-59. - Fire district's assessable costs.
(a) The fire district may recover all its assessable costs incurred in connection with any emergency
assistance provided within the township boundaries form any or all responsible parties jointly and
severally.
(b) The chief of the fire district or, in his or her absence, a board member or official of the fire district
designated by the board as its representative in this matter ("board's designee") shall determine the fire
district's total assessable costs and shall determine whether to assess any, all or part of such costs
against any of the responsible parties.
(c) The chief of the fire district or the board's designee may allocate assessable costs amount and
between responsible parties, including allocating all or some of such costs jointly and severally against
more than one responsible party regardless of whether a responsible party has other legal liability or is
legally at fault.
(d) Whether the chief or the board's designee determines to assess all, part or none of the
assessable costs against a responsible party, such determination shall not in any way limit or
extinguish the liability of the responsible party to the fire district, the township, or any other person,
corporation, partnership, government entity or any other entity.
(Ord. No. 2008-05, § 1, 12-3-2008)
Sec. 16-60. - Billing and collection of assessable costs.
After determining to assess assessable costs against a responsible party, an itemized invoice shall be
sent to the responsible party at the party's last known address. Such invoice shall be due and payable
within 30 days of the date of mailing and any amounts unpaid after such date shall bear a late payment
fee equal to one percent per month or fraction thereof that the amount due and any previously imposed
late payment fee remain unpaid. If a responsible party shall appeal assessable costs pursuant to
Section 7 hereof, such costs, if upheld, in whole or in part, shall be due and payable 30 days from the
date of determination of the appeal and any late payment fees shall apply thereafter.
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(Ord. No. 2008-05, § 1, 12-3-2008)
Sec. 16-61. - Procedure for appealing assessable costs.
(a) Any responsible party who receives an invoice for assessable costs shall have an opportunity to
meet with the township or the fire district, depending on what entity assessed the costs. The initial
meeting shall be with the township manager or board's designee and/or the chief or board's designee to
request a modification of assessable costs. The responsible party shall request in writing such a
meeting within seven calendar days of the date of the invoice assessing the assessable costs.
(b) If after this initial meeting any responsible party is still not satisfied, he or she may request an
opportunity to appear before the township board and/or the board of the fire district to further request a
modification of assessable costs. A responsible party who desires to appear before the township board
and/or the fire district board must have had an initial meeting as provided above and then shall make a
written request to appear before the township board or fire district board within seven calendar days of
the date of this meeting. Upon receipt of such request, the responsible party will be put on the agenda
of the next regularly scheduled township board and/or fire district board meeting, which meeting must
be held within 21 calendar days of the date on which the responsible party files the request to appear.
(c) Any filed request to appear shall specifically identify and explain all reasons why the responsible
party believes the assessed costs should be modified. Any reason, basis or argument for modification
of assessable costs not set forth in the request to appear shall be deemed waived by the responsible
party. Failure to timely file a written request to appear shall constitute a waiver of any argument the
responsible party may have had that the party is not liable for the assessable costs invoiced. After a
responsible party has been given an opportunity to appear before it, the city board and/or fire district
board shall promptly determine whether to confirm, modify or void the payment of assessable costs
invoiced.
(Ord. No. 2008-05, § 1, 12-3-2008)
Sec. 16-62. - Assessable costs a lien upon property.
Costs assessed against a responsible party not paid when due, including a late fee, shall constitute a
lien upon the real property of the responsible party in the township, from which, upon which or related
to which the emergency incident occurred. Such lien shall be of the same character and effect as the
lien for township real property taxes and shall include accrued interest and penalties. The township
treasurer shall, prior to March 1 of each year, certify to the township assessor the fact that such
assessable costs are delinquent and unpaid. The township assessor shall then enter the delinquent
amount on the next general ad valorem tax roll as a charge against the affected property, and the lien
thereon shall be enforced in the same manner as provided and allowed by law for delinquent and
unpaid real property taxes. The fire district is responsible for alerting the township treasurer of any
delinquent, unpaid assessable costs.
(Ord. No. 2008-05, § 1, 12-3-2008)
Sec. 16-63. - Other remedies.
In addition to the remedy set forth in Sections 4 and 5 above, the township and the fire district shall be
entitled to pursue any other remedy or may institute any appropriate action or proceeding in a count of
competent jurisdiction as permitted by law to collect assessable costs from a responsible party.
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(Ord. No. 2008-05, § 1, 12-3-2008)
Sec. 16-64. - No limitation of liability.
The recovery of assessable costs pursuant hereto does not limit the liability of a responsible party
under applicable local, state or federal law.
(Ord. No. 2008-05, § 1, 12-3-2008)
Should any provision or part of this article be declared by a court of competent jurisdiction to be invalid
or unenforceable, the same shall not affect the validity or enforceability of any other provision or part,
which shall remain in full force and effect.
(Ord. No. 2008-05, § 1, 12-3-2008)
ARTICLE IV. - FIREWORKS [22]
(22)
State Law reference— Fireworks, MCL 750.243a et seq.
Sec. 16-92. - Sale to and use by minors.
Sec. 16-93. - General use restrictions.
Sec. 16-94. - Displays.
Secs. 16-95—16-120. - Reserved.
Fireworks means a device made from explosive or flammable compositions used primarily for the
purpose of producing a visible display or audible effect or both, by combustion, deflagration or
detonation, and includes class B Fireworks and class C Fireworks as defined in Public Act No. 358 of
1968 (MCL 750.243a).
(Ord. No. 25-2, § 1, 6-21-1978)
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Sec. 16-92. - Sale to and use by minors.
No person shall sell, give or furnish to any person under the age of 18 years nor shall the person under
the age of 18 years acquire, obtain, purchase, possess or use any Fireworks except for the following:
(1) Flat paper caps containing not more than 0.25 grain of explosive content per cap, and in
packages labeled to indicate the maximum explosive content per cap.
(2)
Sparklers containing not more than 0.0125 pound of burning portion per sparkler.
(3) Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter, cone fountains
and cylinder fountains.
(4) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12
pieces per box for retail sale and if the manufacturer's name and the quantity contained in each
box is printed thereon, and toy smoke devices.
(Ord. No. 25-2, § 2, 6-21-1978)
Sec. 16-93. - General use restrictions.
(a) No person shall use, explode or cause to explode any Fireworks that produce an audible effect
between the hours of 11:00 p.m. and 7:00 a.m., except for flat paper caps defined in section 16-92(1).
(b) No person shall use, explode or cause to explode any Fireworks in any public park, governmental
building, store, office or under the roof of any other place of business or service open to the general
public.
(c) No person shall throw, propel or otherwise direct any Fireworks towards any person, animal,
motor vehicle, watercraft or combustible material. No person shall drop, throw, propel or otherwise
direct any Fireworks from any motor vehicle on any public street or in any public park.
(Ord. No. 25-2, § 3, 6-21-1978)
Sec. 16-94. - Displays.
Before any person shall conduct or sponsor a Fireworks display which involves individual Fireworks
items of more than two grains of pyrotechnic composition, a written request must be directed to the
township board and fire chief for a permit to conduct such a Fireworks display, which permit shall be
issued, if:
(1)
The spectators are kept at least 150 feet away from the source of such display.
(2) Aerial Fireworks are directed away from spectators and inhabited and developed areas and
away from other areas where injuries to persons and property are probable and combustion from
falling live or spent Fireworks is probable.
(3) All reasonable conditions established by the township board and fire chief for the issuance of
the permit, including without any limit the satisfaction of any insurance requirements.
(Ord. No. 25-2, § 4, 6-21-1978)
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Secs. 16-95—16-120. - Reserved.
ARTICLE V. - OPEN BURNING [23]
(23)
State Law reference— Open burning of leaves and grass clippings, MCL 324.11522; prevention and
suppression of forest fires, MCL 324.51501 et seq.; crimes relating to fires, MCL 750.240 et seq.
Sec.
Sec.
Sec.
Sec.
Sec.
16-121. - Exceptions.
16-122. - Responsibility of fire chief.
16-123. - Investigation of illegal fires.
16-124. - Permission to start or have open fire.
16-125. - Criteria for giving permission to set certain fires.
Sec. 16-121. - Exceptions.
This article shall not apply to burning by persons in authorized areas in public parks for camping and
similar purposes, as long as fire is in an approved container.
(Ord. No. 35, § 6, 7-14-1982)
Sec. 16-122. - Responsibility of fire chief.
The fire chief of the township fire district shall have charge of the prevention and suppression of grass
fires and other fires, other than those for domestic purposes.
(Ord. No. 35, § 2, 7-14-1982)
Sec. 16-123. - Investigation of illegal fires.
It shall be the duty of the fire chief for the township fire district to investigate the origin of fires which are
illegal by the terms of this article and actively endeavor, with the cooperation of the local police
department and also the county sheriff department, to secure the conviction of all persons violating this
article.
(Ord. No. 35, § 3, 7-14-1982)
Sec. 16-124. - Permission to start or have open fire.
(a) As used in this section, the term "Domestic Purposes" shall be defined as the disposal of refuse
from household activities upon an occupant's own premises (refuse not to include garbage), so long as
such disposal does not create a nuisance or fire hazard and is done in enclosed containers and in the
presence of a responsible party.
(b)
It shall be unlawful when the ground is not covered with snow to start or have an open fire except
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for Domestic Purposes or to protect persons or property in case of fire, without permission in writing to
do so from the fire chief of the township fire district.
(Ord. No. 35, § 4, 7-14-1982)
Sec. 16-125. - Criteria for giving permission to set certain fires.
(a) Permission to set fire to any woodlands, grasslands, brush, slash, structures or buildings or any
purpose whatsoever shall be given only when, in the opinion of the fire chief, it is safe to do so. Forms
will be furnished by the fire chief on which such permission may be given. Permission may also be
verbal. Permission may also be given by calling the county sheriff department. The county is to notify
the fire department when a permit has been issued.
(b) When such permission is given, a qualified person with knowledge of fire control will constantly be
in charge of such fire so as to prevent the spreading thereof.
(c) Determination of where or when not to issue burning permits shall be the responsibility of the
department issuing permits, except when a situation is such that state or local conservation officials
declare a hazardous condition exists. Consideration shall be given to the time of day and other
considerations which are a factor in determining whether safe conditions for burning exist.
(Ord. No. 35, §§ 5, 7, 7-14-1982)
Chapter 18 - FLOODS [24]
(24)
Cross reference— Buildings and building regulations, ch. 8; environment, ch. 14; land divisions and
subdivision regulations, ch. 20; planning, ch. 26; streets, sidewalks and other public places, ch. 30; utilities, ch.
36; waterways, ch. 38; zoning, ch. 40; floodplain overlay district and requirements, § 40-590.
ARTICLE II. - FLOOD DAMAGE PREVENTION
(24)
State Law reference— Soil conservation districts law, MCL 324.9301 et seq.; building and construction in floodplain,
MCL 324.3108; plat requirements for subdivision within or abutting floodplain, MCL 560.138; conditions for approval of
subdivision within floodplain, MCL 560.194. (Back)
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ARTICLE II. - FLOOD DAMAGE PREVENTION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
18-26. - Statutory authorization.
18-28. - Basis for establishing Areas of Special Flood Hazard.
18-29. - Designation and duties of administrator.
18-30. - Development prohibition.
18-31. - Variance procedure.
Sec. 18-26. - Statutory authorization.
The Township Planning Commission Act, Public Act No. 168 of 1959 (MCL 125.321 et seq.), delegated
the responsibility to local governmental units to adopt regulations designed to promote the public
health, safety, and general welfare of its citizenry.
(Ord. No. 27, § 1, 12-19-1979)
Unless specifically defined in this section, words or phrases used in this article shall be interpreted so
as to give them the meaning they have in common usage and to give this article its most reasonable
application. The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Area of Special Flood Hazard means the land in the floodplain within a community subject to a
one-percent or greater chance of flooding in any given year.
Base Flood means the flood having a one-percent chance of being equalled or exceeded in any given
year.
Development means any manmade change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, mobile home
placement, excavation or drilling operations located within the Area of Special Flood Hazard.
Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance
Administration has delineated both the Areas of Special Flood Hazard and the risk premium zones
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applicable to the community.
Flood Insurance Study means the official report provided by the Federal Insurance Administration that
includes flood profiles, flood boundary-floodway map, and the water surface elevation of the Base
Flood.
Variance means a grant of relief from the requirements of this article which permits construction in a
manner that would otherwise be prohibited by this article.
(Ord. No. 27, § 2, 12-19-1979)
Sec. 18-28. - Basis for establishing Areas of Special Flood Hazard.
The Areas of Special Flood Hazard are identified by the Federal Insurance Administration in a scientific
and engineering report entitled "The Flood Insurance Study for the Township of Saugatuck," dated
February 1, 1980, with accompanying Flood Insurance Rate Maps and flood boundary-floodway maps.
The Flood Insurance Study is hereby adopted by reference and declared to be a part of this article. The
Flood Insurance Study is on file at the office of the township supervisor.
(Ord. No. 27, § 3, 12-19-1979)
Sec. 18-29. - Designation and duties of administrator.
The township clerk is hereby appointed administrator of this article and is to review all Development
and subdivision proposals to ensure compliance with this article.
(Ord. No. 27, § 4, 12-19-1979)
Sec. 18-30. - Development prohibition.
All Development shall be prohibited within Areas of Special Flood Hazard as established in section
18-28.
(Ord. No. 27, § 5, 12-19-1979)
Sec. 18-31. - Variance procedure.
The zoning board of appeals shall hear and decide appeals and requests for Variances from the
requirements of this article, consistent with the standards of sections 60.3(d) and 60.5(a) of the rules
and regulations of the National Flood Insurance Program (44 CFR 50 et seq.).
(Ord. No. 27, § 6, 12-19-1979)
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Chapter 20 - LAND DIVISIONS AND SUBDIVISION REGULATIONS [25]
(25)
Cross reference— Any ordinance dedicating, accepting or vacating any plat or subdivision saved from repeal,
§ 1-11(a)(13); buildings and building regulations, ch. 8; environment, ch. 14; floods, ch. 18; planning, ch. 26;
streets, sidewalks and other public places, ch. 30; utilities, ch. 36; waterways, ch. 38; zoning, ch. 40; franchises,
app. A.
ARTICLE II. - LAND DIVISIONS
ARTICLE III. - SUBDIVISION REGULATIONS
(25)
State Law reference— Land division act, MCL 560.101 et seq.; further partition or division of property, MCL
560.263; municipal planning, MCL 125.31 et seq. (Back)
ARTICLE II. - LAND DIVISIONS
Sec. 20-28. - Penalty.
Sec. 20-29. - Fees.
Sec. 20-30. - Approval.
Sec. 20-31. - Criteria.
Sec. 20-32. - Application requirements.
Sec. 20-33. - Appeal of denial.
Sec. 20-34. - Limitation on approval.
The purpose of this article is to regulate the splitting of Parcels in the township which are not subject to
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the platting process of the Land Division Act, Public Act No. 288 of 1967 (MCL 560.101 et seq.). The
reasons for this article include the following, without limitation:
(1)
Monitoring the creation of new Parcels.
(2)
Preventing illegal splits of Parcels.
(3) Informing and educating property owners about the types of Parcels which may be created
under this article and applicable state law.
(4)
Protecting innocent third parties from purchasing substandard Parcels.
(5)
Preventing the creation of Parcels without adequate access.
(6)
Implementing an orderly procedure for splitting Parcels.
(Ord. No. 67, § 1, 7-9-1997)
Accessible, in reference to a Parcel, means that the Parcel meets one or both of the following
requirements:
(1) The Parcel has an area where a driveway provides or can provide vehicular access to an
existing road or street and meets all applicable location standards of the appropriate state agency
or the county road commission under Public Act No. 200 of 1969 (MCL 247.321 et seq.).
(2) The Parcel is served by an existing easement that provides vehicular access to an existing
road or street and that meets all applicable location standards of the township, the county road
commission and the appropriate state agency under Public Act No. 200 of 1969 (MCL 247.321 et
seq.); or the Parcel can be served by a proposed easement that will provide vehicular access to
an existing road or street and that will meet all such applicable location standards.
Development Site means any Parcel on which building development exists or which is intended for
building development, other than agricultural or forestry uses as those uses are defined in section
102(k) of the Land Division Act (MCL 560.102(K)).
Division means the partitioning or splitting of a Parcel or Tract of land by the proprietor thereof or by the
proprietor's heirs, executors, administrators, legal representatives, successors, or assigns for the
purpose of sale or lease of more than one year or of building development that results in one or more
Parcels of less than 40 Acres or the Equivalent, and that satisfies the requirements of sections 108 and
109 of the Land Division Act (MCL 560.108, 560.109). The term "Division" does not include a property
transfer between two or more adjacent Parcels, if the property taken from one Parcel is added to an
adjacent Parcel; and any resulting Parcel shall not be considered a building site unless the Parcel
conforms to the requirements of the Land Division Act and the requirements of all applicable township
ordinances.
Exempt Split means the partitioning or splitting of a Parcel or Tract of land by the proprietor or by the
proprietor's heirs, executors, administrators, legal representatives, successors, or assigns that does not
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result in one or more Parcels of less than 40 Acres or the Equivalent. For a property transfer between
two or more adjacent Parcels, if the property taken from one Parcel is added to an adjacent Parcel, any
resulting Parcel shall not be considered a building site unless the Parcel conforms to the requirements
of the Land Division Act and the requirements of all applicable township ordinances.
Forty Acres or the Equivalent and 40 Acres or the Equivalent mean 40 acres, a quarter-quarter section
containing not less than 30 acres, or a government lot containing not less than 30 acres.
Land Division Act means Public Act No. 288 of 1967 (MCL 560.101 et seq.).
Parcel means a continuous area or acreage of land which can be described as provided for in the Land
Division Act.
Parcel Depth means the average horizontal distance from the front lot line and the rear lot line, as those
terms are defined in chapter 40 pertaining to zoning.
Parcel Width means the mean horizontal distance between the side lot lines, as measured at right
angles to those side lot lines, as those terms are defined in chapter 40 pertaining to zoning. Where side
lot lines are not parallel, the Parcel Width shall be the average horizontal distance between the side lot
lines.
Parent Parcel and Parent Tract mean a Parcel or Tract, respectively, lawfully in existence on March 31,
1997.
Tract means two or more Parcels that share a common property line and that are under the same
ownership.
(Ord. No. 67, § 2, 7-9-1997)
State law reference— Similar definitions, MCL 560.102.
Sec. 20-28. - Penalty.
(a) Any person who shall divide a Parcel in violation of this article or sell or attempt to sell a Division
of a Parcel in violation of this article shall be responsible for a municipal civil infraction, subject to
enforcement procedures as set forth in chapter 22, article II, pertaining to municipal civil infractions. The
terms, provisions, procedures, contents, penalties, fines, sanctions, and relief of chapter 22, article II
shall apply to all complaints and violations of this article.
(b) The township supervisor, township zoning administrator, members of the county sheriff's
department assigned to the township, members of any law enforcement agency whose services are
contracted for by the township, and any other individuals who may from time to time be appointed by
resolution of the township board are hereby designated as the authorized township officials to issue
municipal civil infraction citations as provided by chapter 22, article II.
(c) Pursuant to MCL 211.53(3), the township shall notify the owner of any Parcel which violates or is
suspected of violating the Land Division Act. The township shall also notify the county prosecuting
attorney and the appropriate state agency.
(Ord. No. 67, § 9, 7-9-1997)
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Sec. 20-29. - Fees.
The township board may, from time to time, adopt by resolution a fee schedule for land Division
applications.
(Ord. No. 67, § 8, 7-9-1997)
Sec. 20-30. - Approval.
(a) Divisions of land must be reviewed by and receive prior written approval from the township
supervisor. The following are not subject to the requirements of this article:
(1) A Parcel proposed to be subdivided through a recorded plat pursuant to the Land Division
Act and this article, pertaining to subdivision control.
(2) A lot in a recorded plat proposed to be partitioned or divided pursuant to the Land Division
Act and this article, pertaining to subdivision control.
(3)
An Exempt Split as defined in this article.
(b) No new Parcel shall be created nor shall any new Parcel be sold or in any way developed or
improved unless there has been prior written approval pursuant to subsection (a) of this section. Unless
prior written approval has been granted pursuant to subsection (a) of this section, no township building,
zoning or other permit or approval shall be granted with respect to a new Parcel, and any such new
Parcel shall not be recognized as a separate Parcel on the tax assessment roll or assigned a tax Parcel
identification number.
(c) To obtain approval of a Division, an application shall be filed with the township supervisor. The
application shall include all of the components specified in section 20-32
(d) The township supervisor shall approve a proposed Division within the time period required by the
Land Division Act (i.e., 45 days at the adoption of the ordinance from which this article derives) if the
criteria and requirements of the Land Division Act and this article are met. The time period for approval
shall not commence until a complete signed application accompanied by all required supporting
documents has been filed with the township supervisor. Prior to approving or denying a proposed
Division, but within the time period for taking such action, the township supervisor shall refer the
application to the planning commission for review and comment.
(e)
The township shall maintain a record of all approved and accomplished Divisions and transfers.
(Ord. No. 67, § 3, 7-9-1997)
Sec. 20-31. - Criteria.
(a) No Division shall be approved which is contrary to or in violation of the Land Division Act or this
article.
(b) Each resulting Parcel which is not larger than ten acres shall have a ratio of Parcel Depth to
Parcel Width which does not exceed four to one. This requirement shall not apply to the remainder of
the Parent Parcel. Further, the requirement may be relaxed and a greater ratio allowed by the township
based upon a consideration of the following factors:
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(1)
The topographical conditions of the Parcel;
(2)
The physical conditions of the Parcel; and
(3)
The compatibility of the Parcel with surrounding land.
(c) Each resulting Parcel shall meet the minimum width and area requirements of chapter 40, except
where resultant abutting Parcels under the same ownership are combined to more nearly meet, to
meet, or to exceed the requirements in chapter 40
(d)
Each resulting Parcel shall be Accessible.
(e) Each resulting Parcel that is a Development Site shall have adequate easements for public utilities
from the Parcel to existing public utility facilities.
(f) Each resulting Parcel shall have an adequate and accurate legal description and shall be included
in a tentative Parcel map showing area, Parcel lines, public utility easements, accessibility, and other
requirements of the Land Division Act. The tentative Parcel map shall be a scale drawing showing the
approximate dimensions of the Parcels.
(Ord. No. 67, § 4, 7-9-1997)
Sec. 20-32. - Application requirements.
Each application for a Division must contain the following information:
(1) A completed application form on such form as may be approved from time to time by the
township board.
(2)
Proof of all fee ownership interests in the land proposed to be divided.
(3) An application fee in an amount set from time to time by township board resolution to cover
the costs of reviewing the application and administering this article and the Land Division Act.
(4) If a transfer of Division rights is proposed in the land transfer, detailed information about the
terms and availability of the proposed Division rights transfer.
(5) Proof that all standards of the Land Division Act and this article have been met, including
proof that the Parcel was lawfully in existence on March 31, 1997, as well as the number, size and
date of Divisions after March 31, 1997.
(Ord. No. 67, § 5, 7-9-1997)
Sec. 20-33. - Appeal of denial.
If the township supervisor denies the requested Division, the applicant may appeal that denial to the
remaining members of the township board (i.e., excluding the township supervisor). Any such appeal
must be filed in writing with the township clerk within 30 days of the denial. The remaining members of
the township board shall consider and decide the appeal within 30 days after the filing of the appeal
with the township clerk.
(Ord. No. 67, § 6, 7-9-1997)
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Sec. 20-34. - Limitation on approval.
Approval of a Division is not a determination that the resulting Parcels comply with other ordinances or
regulations. The township and its officers and employees shall not be liable for approving a land
Division if building permits for construction on the Parcels are subsequently denied because of
inadequate water supply, sewage disposal facilities, or otherwise.
(Ord. No. 67, § 7, 7-9-1997)
ARTICLE III. - SUBDIVISION REGULATIONS
DIVISION 2. - ADMINISTRATION AND ENFORCEMENT
DIVISION 3. - PLATTING PROCEDURE
DIVISION 4. - DESIGN STANDARDS
DIVISION 5. - IMPROVEMENTS
Sec. 20-62. - Scope.
Sec. 20-63. - Compliance.
Sec. 20-64. - Schedule of fees.
The purpose of this article is to regulate and control the subdivision of land in the township in order to
promote the public peace and health and the safety and general welfare of persons and property in the
township. Without limiting the generality of the foregoing, this article is specifically intended to:
(1)
Provide for orderly growth and harmonious development of the community;
(2) Secure adequate traffic circulation through the coordinated Street systems with proper
relation to major thoroughfares, adjoining subdivisions, and public facilities;
(3)
Require individual property Lots of maximum utility and livability;
(4) Ensure adequate provision for water, drainage, and sanitary sewer facilities and other health
requirements; and
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(5)
Ensure the provision for adequate recreational areas, school sites, and other public facilities.
(Ord. No. 80, § 1.2, 9-1-1999)
Sec. 20-62. - Scope.
This article shall not apply to any plat that has received preliminary approval from the township board
under the Land Division Act or its predecessor before the effective date of the ordinance from which
this article derives or to any plat created and recorded prior to the effective date of the ordinance from
which this article derives, except for any further division, alteration or vacation of Lots, roads or alleys
located therein. This article shall not repeal or in any way impair existing provisions of other laws,
ordinances or regulations or private restrictions placed upon property by deed, covenant, or other
private agreements or restrictive covenants running with the land to which the township is a party.
Where this article imposes a greater restriction upon land than is required by such existing provision of
any other law, ordinance or regulation of the township, county or state, this article shall control.
(Ord. No. 80, § 1.3, 9-1-1999)
After September 1, 1999, no person shall subdivide or resubdivide land within the township or
commence construction of any building or Improvement of such land prior to the final approval of the
preliminary plat by the township board and approval of final construction plans.
(Ord. No. 80, § 1.4, 9-1-1999)
Sec. 20-64. - Schedule of fees.
(a) A schedule of fees for the administration of this article shall be established by resolution of the
township board. The fees shall be submitted by the subdivider to the township at the time of submission
of the proposed subdivision for preliminary and final approval or as soon thereafter as the township can
calculate the fees and advise the subdivider of those fees.
(b) Preliminary and final review fees, engineering fees, attorney fees, water and sewer assessments
and connection fees, and other township fees and costs shall be paid to the township as follows:
(1) Fees for preliminary and final plat review, construction plan review, construction review,
municipal review and administration, special planning commission or township board meetings,
and attorney review shall be in accordance with a schedule of fees adopted by resolution of the
township board.
(2)
Charges for water and sewer connections shall be as established by ordinance or resolution.
(3) All assessments as may be required or as have been established under provisions in other
township ordinances or resolutions, including special assessments and deferred assessments, for
existing public Improvements which lie within or serve Lots within a proposed subdivision shall be
fully paid prior to final plat approval.
(4) Any other township cost, if not included in a schedule adopted by the township board or by
ordinance and if the cost is incurred by the township in reviewing or monitoring any subdivision,
shall be paid.
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(Ord. No. 80, § 1.5, 9-1-1999)
Words or phrases defined in the Land Division Act shall have the same meaning in this article. Any
word or term not defined in this section shall be considered to be defined in accordance with its
common or standard definition. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Block means an area of land within a subdivision that is entirely bounded by Streets, except alleys,
and/or the exterior boundary of the subdivision.
Cross Walkway and Pedestrian Way mean a Right-of-Way, dedicated to public use, which crosses a
Block to facilitate pedestrian access to adjacent Streets and Lots or parcels of land.
Dedication means the intentional appropriation of land by the owner to public use.
Greenbelt and Buffer Park mean a strip or parcel of land, privately restricted or publicly dedicated as
open space, consisting of evergreen trees or shrubs which are a minimum of three feet in height, but
capable of attaining growth to at least six feet in height, and which are spaced so as to provide a
continuous visual screen from adjacent properties.
Improvement means any structure incident to servicing or furnishing facilities for a plat such as grading,
Street surfacing, curb and gutter, driveway approaches, sidewalks, Cross Walkways, water mains and
lines, sanitary sewers, storm sewers, culverts, bridges, utilities, lagoons, slips, waterways, lakes, bays,
canals and other appropriate items, with appurtenant construction.
Industrial Development means a planned industrial area designed specifically for industrial use
providing screened buffers, wider Streets and turning movement and other safety Street Improvements,
where necessary. The term "Industrial Development" includes industrial parks.
Land Division Act means Public Act No. 288 of 1967 (MCL 560.101 et seq.).
Land Use Plan means the township comprehensive plan, as amended.
Legal Record means the circumstance where the legal description of a Lot or parcel of land has been
recorded as part of a document of record in the office of the county register of deeds.
Lot means a measured portion of a parcel or tract of land, which is described and fixed in a recorded
plat.
Lot Depth means the horizontal distance measured perpendicular to the front Lot line, between the front
line and the rear Lot line, as such terms are defined in chapter 40.
Lot Width means the horizontal distance parallel to the front Lot line between opposing side Lot lines,
as such terms are defined in chapter 40.
Planned Unit Development means a development which is governed by and in compliance with chapter
40, article VIII, pertaining to planned unit developments.
Right-of-Way means land reserved, used, or to be used for a Street, alley, or other public purposes.
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Street means a public dedicated Right-of-Way, other than an alley, which affords the principal means of
access to abutting property. The term "Street" includes the following:
(1) State trunk lines, under the jurisdiction of the appropriate state agency, existing primarily for
the movement of regional traffic between communities but allowing some direct access to adjacent
properties;
(2) County primary roads, serving longer trips within urban areas or linking adjacent population
centers, designed to accommodate moderate to large traffic volumes at a range of design speed
generally between 35 to 55 miles per hour; access to adjacent development is usually provided,
although some design constraints affect the extent of access; may be designated as either class A
for all-weather or all-season roads or class B for seasonal roads;
(3) County local roads, which collect and distribute traffic to and from higher classification roads;
curb cuts provide increased access to adjacent property but decrease overall traffic mobility; may
be paved or gravel; generally have speed limits in the range of 35 to 55 miles per hour; and
(4)
Subdivision Streets, within subdivisions.
Township Engineer means any person designated by the township board to perform on the behalf of
the township any review of subdivision plans or the preparation of any plans and specifications for or to
oversee the construction of any Improvements or designs provided for in this article.
(Ord. No. 80, §§ 2.1, 2.2, 9-1-1999)
(a)
The township board may, from time to time, amend this article as provided by law.
(b) A proposed amendment may be originated by the township board or the planning commission. All
proposed amendments originating with the township board shall be referred to the planning commission
for a report thereon before any action is taken on the proposal by the township board.
(Ord. No. 80, §§ 8.1, 8.2, 9-1-1999)
(26)
Sec. 20-96. - Variances.
Secs. 20-99—20-125. - Reserved.
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Sec. 20-96. - Variances.
(a) Generally. The township board may, on written application from the subdivider and after receipt of
a recommendation from the planning commission, grant a variance from the sections or requirements
of this article. A public hearing shall be held by the planning commission prior to making its
recommendation to the township board. Notice of this hearing shall be given in the same manner as is
provided in the Township Zoning Act, Public Act No. 184 of 1943 (MCL 125.271 et seq.), with respect to
the adoption or amendment of a township zoning ordinance. No variance shall be recommended by the
planning commission or granted by the township board unless there are the following findings by the
planning commission or the township board, as the case may be:
(1) There are such special circumstances or conditions affecting the property in question that
strict application of the sections or requirements of this article would be impracticable or
unreasonable;
(2) The granting of the variance will not be detrimental to the public welfare or injurious to other
property in the area in which the subdivision is situated;
(3)
The variance will not violate the provisions of the Land Division Act; and
(4)
The variance will not have the effect of nullifying the interests and purposes of this article.
After the completion of the public hearing, the planning commission shall make a written
recommendation to the township board which shall include its findings and specific reasons for its
recommendation. On receipt of such written recommendation, the township board shall act to either
grant or deny the variance.
(b) Planned Unit Development variance. A subdivider may request a variance of certain sections or
requirements of this article for a Planned Unit Development. Such request for a variance shall be
considered and acted upon in the same manner as is provided in subsection (a) of this section. In
making its recommendation to the township board, the planning commission shall consider the
following:
(1)
Whether the Planned Unit Development provides adequate public spaces;
(2) Whether it includes provisions for efficient circulation of adequate light and air and other
needs;
(3)
The nature of the proposed use of land and the existing use of land in the vicinity;
(4)
The number of persons to reside or work in the proposed Planned Unit Development;
(5) The probable effect of the proposed Planned Unit Development upon traffic conditions in the
vicinity;
(6) Whether the proposed Planned Unit Development will constitute a desirable and stable
community development; and
(7)
Whether the proposed Planned Unit Development will be in harmony with adjacent areas.
(Ord. No. 80, §§ 6.1, 6.2, 9-1-1999)
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No plat required by this article or the Land Division Act shall be admitted to the public land records of
the county or received or recorded by the county register of deeds until such plat has received final
approval by the township board as provided in this article. No public board, agency, commission, official
or other authority shall proceed with the construction or authorize the construction of any of the public
Improvements required by this article unless such public Improvement shall comply in its location and in
all aspects with the requirements of this article; this requirement shall not apply to any public
Improvements which have already been accepted, already been opened, or otherwise already received
the legal status of a public Improvement prior to the adoption of the ordinance from which this article
derives.
(Ord. No. 80, § 7.1, 9-1-1999)
(a) Any person who violates this article or who fails to comply with any of its requirements shall be
responsible for a municipal civil infraction, subject to enforcement procedures as set forth in chapter 22,
article II, pertaining to municipal civil infractions. The terms, provisions, procedures, contents, penalties,
fines, sanctions, and relief of chapter 22, article II shall apply to all complaints and violations of this
article.
(b) The township supervisor, township zoning administrator, township constable, members of the
county sheriff's department, members of any other law enforcement agency with jurisdiction, and any
other individuals who may from time to time be appointed by resolution of the township board are
hereby designated as the authorized township officials to issue municipal civil infraction citations
directing alleged violators to appear in court or municipal civil infractions notices directing alleged
violators to appear at the township municipal ordinance violations bureau.
(Ord. No. 80, § 7.2, 9-1-1999)
Secs. 20-99—20-125. - Reserved.
DIVISION 3. - PLATTING PROCEDURE
Sec. 20-126. - Submission of preliminary plat for tentative approval.
Sec. 20-127. - Submission of preliminary plat for final approval.
Sec. 20-128. - Final plat approval.
Secs. 20-129—20-155. - Reserved.
Sec. 20-126. - Submission of preliminary plat for tentative approval.
The procedure for submittal and tentative approval of the preliminary plat is as follows:
(1) Submission; payment of fees; date of filing. The proprietor shall submit ten copies of the
proposed preliminary plat to the township clerk, together with payment of preliminary plat review
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fees. The date of filing shall be that date when all data is received and review fees paid.
(2) Submission of proposed covenants and deed restrictions. The proprietor shall submit ten
copies of any proposed covenants and deed restrictions, or a statement in writing that none are
proposed. If common areas are to be reserved for use of the residents of the subdivision, ten
copies of an agreement showing how the area will be maintained shall also be submitted.
(3) Statement of proposed uses. The proprietor shall submit a statement indicating the proposed
use of the subdivision. To allow consideration of the effect of the subdivision on traffic, fire
hazards, congestion of population and demands on public services, the proprietor shall also
submit a description of any type of residential buildings, the number of dwelling units contemplated
or the type of business or industry contemplated.
(4)
Identification and descriptions. The preliminary plat shall include the following.
a.
The proposed name of the subdivision.
b.
The location by section, town and range or by other legal description.
c.
The names, addresses and telephone numbers of the proprietor and the engineer or the
surveyor or whoever designed the subdivision layout.
d.
The seal of the surveyor.
e. All contiguous holdings of the proprietor with an indication of the portion which is
proposed to be subdivided, accompanied by an affidavit of ownership. The affidavit shall
include the dates the respective holdings of land were acquired, together with the liber and
page of each conveyance to the present owner as recorded in the office of the county
register of deeds. The affidavit shall advise as to the legal owner of the property; the contract
owner of the property; the date the contract of sale was executed; and, if any corporations
are involved, a complete list of all directors and officers of each corporation.
f.
The scale of the plat, for which the minimum acceptable scale is one inch to equal 100
feet.
(5)
g.
The preparation date.
h.
The north point.
Existing conditions. The preliminary plat shall include the following:
a. An overall area map showing the relationship of the subdivision to surrounding areas
within a half mile. Information on the area map shall include such things as section lines
and/or arterial Streets or collector Streets. The minimum acceptable scale for such map is
one inch to equal 800 feet.
b. The boundary line of the proposed subdivision, the section or corporation lines within or
adjacent to the parcel, and the overall property dimensions.
c.
Identification of adjacent parcels of subdivided and unsubdivided land shown in relation
to the parcel being proposed for subdivision, including those of areas across abutting Streets.
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d. The location, widths and names of existing or prior platted Streets and private Streets
and public and private easements within or adjacent to the parcel being proposed for
subdivision, including those located across abutting Streets.
e. The location of existing sewers, water mains, storm drains and other underground
facilities within or adjacent to the parcel being proposed for subdivision.
f.
The topography drawn as contours with an interval of not more than two feet. Elevations
shall be based on United States Geological Survey data.
g. For a subdivision that is lying within a flood hazard area as identified by the state, the
county drain commissioner, or the Federal Emergency Management Agency, base flood
elevation data shall be provided. Base flood elevation shall indicate the anticipated high
water level during a flood having a one-percent chance of being equaled or exceeded in any
given year.
h. Significant natural and manmade features which could influence the layout and design
of the subdivision.
(6)
Proposed conditions. The preliminary plat shall include the following:
a. The layout of Streets indicating proposed Street names, Right-of-Way widths and
connections with adjoining platted Streets and also the widths and location of alleys,
easements and public walkways. Street names shall be indicated as approved by the
township and the county planning commission.
b. The layout, numbers and dimensions of Lots, including building setback lines showing
dimensions.
c.
An indication of any parcels or partial parcels of land intended to be dedicated or set
aside for public use or for the use of property owners in the subdivision.
d. An indication of the ownership and the existing and proposed use of any parcel
identified as "excepted" on the preliminary plat. If the proprietor has an interest in or owns
any parcel so identified as "excepted," the preliminary plat shall indicate how this parcel
could be developed in accordance with the requirements of the existing zoning district in
which it is located and with an acceptable relationship to the layout of the proposed
preliminary plat.
e. An indication of the system proposed for sewage by a method meeting the requirements
of the township board, the county health department, and the appropriate state agency.
f.
An indication of the system proposed for water supply by a method meeting the
requirements of the township board, the county health department, and the appropriate state
agency.
g.
An indication of storm drainage method and disposal area.
h. When a proprietor wishes to subdivide a given area but wishes to begin with only a
portion of the total area, the preliminary plat shall include the proposed general layout for the
entire area. The part which is proposed to be subdivided first shall be clearly superimposed
upon the overall plan in order to illustrate clearly the method of development which the
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proprietor intends to follow.
(7) Documentation from schools. The proprietor shall provide a letter or document from the
school board or school superintendent indicating awareness of the proposed subdivision.
(8) Variances. Any anticipated variance from this article must be requested in writing upon the
submission of the preliminary plat.
(9) Review by planning commission. Procedures for review by the planning commission are as
follows:
a. The township clerk shall place the preliminary plat on the agenda of the planning
commission. Notice shall be sent to the proprietor by registered mail of the time and place of
such meeting not less than five days before the date fixed therefor. Regular mail notice of the
time and place of the meeting shall be mailed to the owners of land immediately adjoining the
platted land and within 300 feet, according to the names which appear on the records of the
township assessor, not less than five days before the date.
b. The planning commission shall review the preliminary plat, a report from the zoning
administrator, and other documents submitted with it and shall receive and consider any
comments from any involved township official and from any person present at the meeting. If
the preliminary plat meets all conditions required to be met, the planning commission shall
recommend to the township board tentative approval of the preliminary plat.
c.
If the preliminary plat does not meet all the required conditions, the planning
commission shall notify the proprietor of this fact by letter, giving its reasons for disapproval.
The township board shall receive a report of the findings by the planning commission and its
recommendation for disapproval.
d. The planning commission shall file its report with the township clerk not more than 60
days after the filing date of the preliminary plat. The 60-day period may be extended for a
stated period if the proprietor consents in writing. If no action is taken by the planning
commission within 60 days or within the period of time consented to by the proprietor, the
preliminary plat shall be deemed to have been recommended for approval to the township
board by the planning commission. Upon receiving the report of the planning commission or
upon the passage of the time limitations provided for in this subsection, whichever shall first
occur, the township clerk shall place the preliminary plat upon the township board's agenda
for tentative approval.
(10) Review by township board. Procedures for review by the township board are as follows:
a. The township board shall review the preliminary plat and, within 90 days of its filing
date, shall tentatively approve or disapprove it. The township board shall record its approval
on the plat and return one copy to the proprietor or set forth in writing to the proprietor its
reasons for rejection and requirements for tentative approval.
b. Tentative approval by the township board shall confer upon the proprietor, for a period
of one year, approval of Lot sizes, Lot orientation and Street layout. Such time may be
extended if applied for by the proprietor and consented to in writing by the township.
(Ord. No. 80, § 3.1, 9-1-1999)
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Sec. 20-127. - Submission of preliminary plat for final approval.
The procedure for submittal and final approval of the preliminary plat and final approval of the detailed
plans for all Improvements within the proposed subdivision is as follows:
(1)
Filing. The following are required:
a. Ten copies of the preliminary plat of the proposed subdivision together with an 8½-inch
by 11-inch reduced reproduction of the preliminary plat, payment of review fees and a written
application all shall be submitted to the township board. The township board shall consider
the preliminary plat at its next meeting or within 20 days of the date of submission. If the
preliminary plat is not submitted at least ten working days, excluding weekends and holidays,
before the next regular township board meeting, the township board shall have the option of
scheduling a special meeting to consider the preliminary plat, at the proprietor's expense.
The cost of such a special meeting shall be established according to the terms of this article.
Rather than require the township board to schedule a special meeting to consider the
preliminary plat, the proprietor may give the township a written extension of the review period
to the next regular township board meeting which is at least ten working days after the
submission of the preliminary plat or such later date as the proprietor may desire.
b. The preliminary plat submitted for final approval shall conform substantially to the
preliminary plat as tentatively approved, and it may constitute only that portion of the
approved preliminary plat which the proprietor proposes to record and develop at the time.
However, such portion shall conform to this article.
c.
The proprietor shall also submit five sets of detailed working drawings and calculations
showing plans for grading, drainage structures, all proposed utilities including a Street
lighting plan, Street construction plans including traffic control devices for Streets within and
adjoining the plat and soil erosion and sedimentation measures.
d.
Utility plans shall be prepared and sealed by a state-licensed professional engineer.
e. The proprietor shall provide proof of approval of plats from each of the necessary
authorities required for approval in the Land Division Act.
(2) Contents of detailed working drawings and plans. Detailed working drawings and plans shall
be as follows:
a. Working drawings and plans submitted shall be on 24-inch by 36-inch white prints
having blue or black lines.
b. For projects or subdivisions having more than one sheet of working drawings or plans, a
general plan having a scale of one inch to equal 100 feet shall be provided, showing the
overall project or subdivision and indicating the location of all Improvements shown in the
detailed plans. Street names, Street and easement widths, Lot lines, Lot dimensions and Lot
numbers shall be shown on all plans. Superimposed on this general plan shall be two-foot
contours of the area and the area outside the boundaries of the proposed subdivision to the
extent necessary to demonstrate that the drainage patterns of adjacent properties will not be
adversely affected. Detailed plan sheets showing all Improvements should be prepared at a
scale of one inch to equal 40 feet.
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c.
All sewers and water mains shall be shown in the plan and profiled. Profiles of sewers
and water mains shall indicate the size, class of pipe and slope; the invert of the sewer shall
also be shown. The profiles shall also indicate the existing ground along the route of the
sewers and water mains and the proposed easement grade or existing or proposed top or
curb or centerline of pavement grades. The location of compacted granular backfill required
shall be indicated on the profiles together with other intersecting, existing or proposed
utilities.
d. Elevations shall be based on United States Geological Survey data. There shall be at
least two benchmarks established within the site, and at least two benchmarks shall be
shown on each plan sheet.
e. Finished grades of utility structures shall be indicated on the plan or profiled for all
utilities.
(3) Construction drawings. When construction drawings are submitted to the township for
approval, they shall include all proposed construction within the development. All required
Improvements shall be shown to the boundaries of the subdivision. A complete plan shall
generally include sidewalks, water mains, sanitary sewers, storm sewers, streetlight locations,
signs, and paving. A single plan submittal cannot be approved without all other utilities shown.
(4) Submission of plans prior to construction. When the complete set of plans is approved, three
sets of plans shall be provided to the township before construction may begin.
(5)
Review. Procedures for review are as follows:
a. The detailed working drawings and plans and calculations shall be reviewed by the
township for compliance with the Land Division Act, the township construction standards and
other applicable codes and ordinances, including this article.
b. The preliminary plat shall be reviewed by the township for compliance with the approved
tentative preliminary plat, the Land Use Plan, chapter 40 and this article.
(6)
Final approval. Procedures for final approval are as follows:
a. The township board shall take timely action on the preliminary plat upon receipt of the
review recommendations outlined in this article.
b. If the preliminary plat conforms substantially to the plat tentatively approved by the
township board, meets all conditions laid down for final approval and has been approved by
the necessary agencies specified in the Land Division Act, the township board shall approve
the preliminary plat.
c.
The township clerk shall promptly notify the proprietor of approval or rejection of the
preliminary plat in writing. If rejected, reasons shall be given.
d. Final approval of the preliminary plat shall be effective for a period of two years from the
date of approval. The two-year period may be extended if an extension is applied for by the
proprietor and granted by the township board in writing.
e. No installation or construction of any Improvement shall be made before the preliminary
plat has received final approval of the township board and the detailed working drawings or
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plans have been certified to conform to township construction standards and approved by the
township. The proprietor shall be responsible for obtaining all necessary construction permits
from the involved regulatory agencies prior to the start of construction.
(Ord. No. 80, § 3.2, 9-1-1999)
Sec. 20-128. - Final plat approval.
The procedure for submittal and final approval of the final plat is as follows:
(1)
Filing. The following shall be submitted:
a. One Mylar copy and three paper prints of the final plat and an 8½-inch by 11-inch
reduced reproduction of the final plat shall be filed by the proprietor with the township clerk.
The proprietor shall deposit such sums of money as the township board may require under
this article or by other ordinances.
b. Two paper prints and one Mylar copy of as-built plans for utilities and other
Improvements shall be filed by the proprietor with the township clerk.
c.
The final plat shall comply with provisions of the Land Division Act.
d. The proprietor shall submit, as evidence of title, a policy of title insurance for
examination in order to ascertain whether the proper parties have signed the plat.
e. The proprietor shall provide a copy of the receipts from the township treasurer indicating
that all connection charges, assessments, engineering fees and any other township costs as
required by this article and other ordinances have been paid. The final plat shall not be
signed by the township representative prior to such payment.
f.
With the specific consent of the township board, final plat approval may be authorized
prior to the completion of all the Improvements required by this article. In lieu of completion,
the township board may require the proprietor to deposit with the township clerk a true copy
of an acceptable agreement showing the proprietor has deposited with a bank or other agent
acceptable to the township sufficient funds to guarantee payment for faithful completion of all
Improvements as required by this article and in the same manner as provided in this article.
g. The township board shall review all recommendations and take action on the final plat
at its next regular meeting or within 20 days of its date of filing. The date of filing shall be that
date on which all required information has been provided.
(2)
Review. Procedures for review are as follows:
a. The final plat shall be reviewed by the township as to compliance with the approved
preliminary plat and approved plans for utilities and other Improvements.
b. The final plat shall conform substantially to the preliminary plat as approved, and it may
constitute only that portion of the approved preliminary plat which the proprietor proposed to
record and develop at the time. However, such portion shall conform to this article.
(3)
Approval. Procedures for approval are as follows:
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a. Upon the approval of the final plat by township board, subsequent approvals shall follow
the procedure set forth in the Land Division Act.
b. When all necessary Improvements have been approved and accepted by the township
board or in lieu thereof specific consent is authorized by the township board, a certified
approved copy of the final plat shall be transmitted by the township clerk to the clerk of the
county plat board.
(Ord. No. 80, § 3.3, 9-1-1999)
Secs. 20-129—20-155. - Reserved.
DIVISION 4. - DESIGN STANDARDS
Sec. 20-156. - Streets generally.
Sec. 20-157. - Street requirements.
Sec. 20-158. - Street specifications.
Sec. 20-159. - Street names and signs.
Sec. 20-160. - Intersections.
Sec. 20-161. - Street construction materials and design.
Sec. 20-162. - Pedestrian Ways.
Sec. 20-163. - Easements.
Sec. 20-164. - Lots.
Sec. 20-165. - Planting strips, reserve strips, public sites and open spaces.
Sec. 20-166. - Commercial and industrial plats.
Secs. 20-167—20-195. - Reserved.
Sec. 20-156. - Streets generally.
The sections of this article shall be the minimum requirements for Streets and intersections. If any other
public agency having jurisdiction, including the county road commission, shall adopt any statute,
ordinance, rule or regulation imposing additional, different, or more rigorous requirements, such statute,
ordinance, rule or regulation shall govern.
(Ord. No. 80, § 4.1, 9-1-1999)
Cross reference— Streets, sidewalks and other public places, ch. 30.
Sec. 20-157. - Street requirements.
The Streets within a subdivision plat shall be designed and laid out as follows:
(1) Dedication. All Streets shall be dedicated to public use unless the proprietor presents valid
and sufficient reasons to justify a private road, such as maintenance, traffic control or privacy, and
unless there are no detrimental effects with respect to access to adjoining lands.
(2) Location and arrangements. If a capital Improvements program has been adopted by the
township, subdivision Streets shall conform with it.
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(3) Continuation and extension. If the township board requires, Streets shall be arranged to
provide for the continuation of existing Streets from adjoining areas into new subdivisions.
(4) Stub Streets. Unless the township requires a planting strip, Streets in the proposed plat shall
be extended to the boundary line of the proposed plat, if the adjoining lands are not subdivided, to
make provision for the future projection of such Streets onto adjoining lands.
(5) Relation to topography. Streets shall be arranged in proper relation to the plat topography so
as to result in usable Lots, safe Streets, reasonable gradients, efficient drainage and utility
systems, and a minimum number of Streets necessary to provide convenient and safe access.
(6) Arrangement. The township board may require such Street arrangements as may be deemed
necessary for the adequate protection of residential properties and to provide for separation of
through and local traffic.
(7) Railroad or limited access highway Right-of-Way. Should a proposed subdivision border on
or contain a railroad or a limited access highway Right-of-Way, the township board may require
the location of Streets approximately parallel to and on each side of such Right-of-Way at
distances suitable for the development of an appropriate use of the intervening land, such as for
parks in residential districts. Such distances shall be determined with due consideration of the
minimum distance required for approach grades to future grade separation.
(8) Existing Street frontage. Whenever the area to be subdivided is to utilize existing Street
frontage, such Street shall be suitably improved.
(9) Access Streets. A subdivision or an extension of an existing subdivision shall be platted so
as to provide sufficient access Streets.
(10) On-Street parking. On-Street parking of vehicles will be allowed only on one side of
subdivision Streets, unless the township board determines that other parking regulations should
apply.
(11) Conformance with Land Use Plan. The proposed subdivision shall conform to the various
elements of the Land Use Plan and shall be considered in relation to the existing and planned
Streets.
(Ord. No. 80, § 4.2, 9-1-1999)
Cross reference— Streets, sidewalks and other public places, ch. 30.
Sec. 20-158. - Street specifications.
The Streets within a subdivision plat shall be specified and constructed as required by any township
capital Improvements program, the county road commission and the appropriate state agency,
whichever applicable requirements are the greatest.
(Ord. No. 80, § 4.3, 9-1-1999)
Sec. 20-159. - Street names and signs.
(a) Street names. Street names in a subdivision shall not duplicate any existing Street name in the
county, except where a new Street is a continuation of an existing Street. Street names that may be
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spelled differently but sound the same are also prohibited.
(b) Signs. All signs and traffic control devices shall be indicated on the Street layout plan for the
subdivision.
(Ord. No. 80, § 4.4, 9-1-1999)
Sec. 20-160. - Intersections.
All intersections within a subdivision plat shall be designed, laid out, specified and constructed as
required by the county road commission and the appropriate state agency, whichever applicable
requirements are the greatest.
(Ord. No. 80, § 4.5, 9-1-1999)
Sec. 20-161. - Street construction materials and design.
All Streets within a subdivision plat shall be constructed with the materials and according to the design
required by the county road commission.
(Ord. No. 80, § 4.6, 9-1-1999)
Sec. 20-162. - Pedestrian Ways.
All Pedestrian Ways within a subdivision plat shall be designed, laid out, specified and constructed as
follows:
(1) Cross Walkways. Rights-of-Way for pedestrian Cross Walkways in the middle of long Blocks
shall be provided where necessary to obtain convenient pedestrian circulation to schools, parks or
shopping areas. The Right-of-Way shall be at least 15 feet wide and extended through the entire
Block, and it shall be established in the nature of an easement for this purpose.
(2) Sidewalks. Sufficient Rights-of-Way shall be provided so that sidewalks may be installed on
both sides of all Streets.
a. When required. Sidewalks shall be required when the township board decides they are
necessary to facilitate safe and convenient travel from a pedestrian generator such as an
existing or proposed school, park, institution, workplace, neighborhood commercial area, or
developed residential neighborhood.
b. Sidewalk thickness. Concrete sidewalks shall be not less than four feet in width and not
less than four inches in thickness, but not less than six inches in thickness at driveways. The
location for sidewalks shall be in the Right-of-Way, one foot from the Right-of-Way line.
(Ord. No. 80, § 4.7, 9-1-1999)
Sec. 20-163. - Easements.
Easements shall be provided within a subdivision plat as follows:
(1) Location of utility easements. Location of utility line easements shall be provided along the
rear and side Lot lines as necessary for utility lines. Easements shall give access to every Lot,
park or public grounds. Such easements shall be a total of not less than 12 feet wide.
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(2) Notification to utilities. Recommendations on the proposed layout of telephone and electric
company easements shall be sought from all the utility companies serving the area. The proprietor
shall submit copies of the approved preliminary plat to all appropriate utilities.
(3) Easements for streetlight dropouts. Easements three feet in width shall be provided where
needed along side Lot lines so as to provide for streetlight dropouts. Prior to the approval of the
final plat for a proposed subdivision, a statement shall be obtained from the appropriate utility
indicating that easements have been provided along specific Lots. A notation shall be made on the
final plat, indicating the following: "The side Lot lines between Lots (indicate Lot numbers) are
subject to streetlight dropout rights granted to the (utility) company."
(Ord. No. 80, § 4.8, 9-1-1999)
Sec. 20-164. - Lots.
All Lots within a subdivision plat shall be designed and laid out as follows:
(1) Conformance to zoning. The Lot Width, Lot Depth, and Lot area shall not be less than
required by chapter 40 for the zone in which the plat is located, except where outlots are provided
for some permitted purpose.
(2) Lot lines. Side Lot lines shall be as close to right angles to straight Streets and radial to
curved Streets as practical.
(3) Depth related to width. The Lot Depth shall not exceed four times the Lot Width. An
exception to this limitation may be granted by the township board on recommendation from the
planning commission, based upon a consideration of the following factors:
a.
The topographical conditions of the Lot;
b.
The physical conditions of the Lot; and
c.
The compatibility of the Lot with surrounding land.
(4) Corner Lots. Corner Lots shall have an extra 20 feet of width to permit appropriate building
setback from and orientation to both Streets. Lots abutting a pedestrian mid-Block crosswalk shall
be treated as corner Lots.
(5) Uninhabitable areas. Lands in the floodplain or otherwise deemed by the township board, on
recommendation from the planning commission, to be uninhabitable shall not be platted for
residential purposes for any use which may increase the flood hazard or for any use that may
increase the danger to health, life, or property. Such land within a subdivision shall be set aside for
other uses, such as parks or other open space.
(6) Outlot. Any restrictions on the use of outlots shall be submitted to the township board for
review and approval and shall be recorded at the time that the plat is recorded.
(7) Backing of Lots. Lots shall back into such features as limited access highways, shopping
centers, or industrial properties, unless a secondary access is provided. Such Lots shall contain a
landscaped easement along the rear Lot line, at least 20 feet wide, to restrict access, to minimize
noise and to protect outdoor living areas. The landscaped easement shall not count toward
satisfying the minimum Lot size established by chapter 40
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(8) Future arrangements. Where parcels of land are subdivided into unusually large Lots, such
as when large Lots are required for septic tank operations, the parcels shall be divided, where
feasible, so as to allow for resubdividing of the Lots into smaller Lots in a logical fashion. Lot
arrangements shall allow for the ultimate extension of adjacent Streets through the middle of wide
Blocks.
(9)
Lot division. Standards for division of Lots are as follows:
a. Prohibition of division. No Lot, outlot or other parcel of land located in a recorded plat
shall be further partitioned or divided unless such partition or division is first approved by the
township board, after review and consideration by the planning commission. No Lot, outlot or
other parcel of land located in a recorded plat shall be further partitioned or divided into more
than four parts.
b. Application for permission. Any proprietor who desires to partition or divide a Lot, outlot
or other parcel of land located in a recorded plat shall first make application to the township
board in writing on such application form as shall be provided by the township. The
application shall be filed with the township clerk and shall include a detailed statement of the
reasons for the requested partition or division and a sketch map prepared in scale showing
the proposed division or partition and all adjoining Lots, Streets and parcels of land.
c.
Building permit. No building permit shall be issued to any proprietor or any other person
with reference to the Lot, outlot or other parcel of land which is to be divided unless the
partition or division shall first have been approved by the township board.
d. Division resulting in smaller area. A division or partition of a Lot, outlot or other parcel of
land which is not served by public sewer and public water systems and which results in the
creation of a parcel containing a smaller area or width than is required by the Land Division
Act may be approved by the township board, in its discretion, provided the parcel created by
such division or partition which is smaller than those area and width requirements are
contiguous with other Lots or parcels owned by the proprietor which, when added to the
parcels created by such division or partition, will comply with the area and width requirements
of the Land Division Act. If approval of any such division or partition is granted pursuant to
this subsection, the parcel established by the division or partition and the contiguous Lot or
parcel of land required to meet the area and width requirements shall be considered as one
building Lot and parcel for all purposes, and the owner shall, if required, sign an agreement
in recordable form to this effect.
e. Conditions. In granting its approval for any such requested division or partition, the
township board may condition its approval with such reasonable conditions as shall be
deemed desirable by the township board and which are in accordance with the purposes of
the Land Division Act.
(10) Frontage. All Lots shall front upon a public Street. Private roads shall be prohibited unless
approved pursuant to section 20-157(1).
(Ord. No. 80, § 4.9, 9-1-1999)
Sec. 20-165. - Planting strips, reserve strips, public sites and open spaces.
Planting strips, reserve strips, public sites and open spaces shall be provided within the subdivision plat
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as follows:
(1) Planting strips. The township may require planting strips to be placed next to incompatible
features such as expressways, railroads, commercial uses, or industrial uses to screen the view
from residential properties. Such screens shall be a minimum of 20 feet wide, and they shall not
be a part of the normal road Right-of-Way or utility easement.
(2) Reserve strips. A privately held reserve strip controlling access to Streets is prohibited. The
township may require a one-foot reserve to be placed at the end of stub or dead-end Streets
which terminate at subdivision boundaries and between half Streets. These reserves shall be
deeded in fee simple to the township for future Street purposes.
(3) Public sites. Where a proposed park, playground, school or other public use shown on the
Land Use Plan is located in whole or in part within a plat, a suitable area for this purpose may be
dedicated to the public or reserved for public purchase.
(4) Open spaces. Existing natural features which add value to residential development and
enhance the attractiveness of the community, such as trees, watercourses, historic spots, and
similar irreplaceable assets, shall be preserved, insofar as possible, in the design of the
subdivision.
(Ord. No. 80, § 4.10, 9-1-1999)
Sec. 20-166. - Commercial and industrial plats.
Commercial and industrial subdivision plats specifically for commercial or Industrial Development,
including shopping districts, wholesaling areas, and planned industrial districts, may be governed by
modified design standards in accordance with section 20-96. In all cases, however, adequate provision
shall be made for off-Street parking and loading areas as well as for traffic circulation.
(Ord. No. 80, § 4.11, 9-1-1999)
Secs. 20-167—20-195. - Reserved.
DIVISION 5. - IMPROVEMENTS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
20-196. - Purpose.
20-197. - Plans.
20-198. - Procedure.
20-199. - Required Improvements.
20-200. - Optional Improvements.
20-201. - Nonresidential subdivisions.
20-202. - Guarantee and completion of Improvements.
It is the purpose of this division to specify the Improvements which must be constructed by the
subdivider as a condition precedent to final subdivision plat approval.
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(Ord. No. 80, § 5.1, 9-1-1999)
Sec. 20-197. - Plans.
The subdivider of the proposed subdivision shall have prepared, by an engineer registered in the state,
a complete set of construction plans, including without limitation profiles, cross sections, specifications,
and other supporting data, for all required Streets, utilities, and other facilities. Such construction plans
shall be based on preliminary plans approved with the preliminary plat and shall be prepared in
conjunction with the final plat. Before construction commences, all construction plans shall be approved
by the township and such other public agencies as are required by law. All construction plans shall be
prepared in accordance with the requirements, standards or specifications of such public agencies. The
township supervisor or other authorized agent may exercise discretion to require that the construction
of any Improvement be inspected during construction by such township employees or agents as the
supervisor or other authorized agent shall designate. The expense of any such inspection shall be paid
by the subdivider.
(Ord. No. 80, § 5.2, 9-1-1999)
Sec. 20-198. - Procedure.
When construction of an Improvement has been completed at the time of filing the subdivision final plat,
one complete copy of as-built engineering plans of each completed Improvement shall be filed with the
township clerk coincident with the filing of the final plat.
(Ord. No. 80, § 5.3, 9-1-1999)
Sec. 20-199. - Required Improvements.
Every subdivider shall be required to install public and other Improvements in accordance with this
section. In addition, the subdivider must install monuments, Streets, curbs and gutters, driveways,
storm drainage and crosswalks as required by this article and other public agencies with jurisdiction.
The following public and other Improvements are required:
(1) Public utilities. Public utilities shall be located in accordance with the rules of the county road
commission. The proprietor shall make arrangements for all utility lines, such as telephone,
electric, television and other similar services distributed by wire or cable, to be placed entirely
underground throughout a subdivided area, except for arterial Streets, freeways, expressways,
and parkway Rights-of-Way. Conduits or cables shall be placed within private easements provided
to such service companies by the proprietor or within dedicated public ways. All transformer boxes
and similar devices shall be located so as not to be unsightly or hazardous to the public. Overhead
lines may be permitted only upon approval of the township board at the time of final approval of
the preliminary plat, if the township board determines that overhead lines will not constitute a
detriment to the health, safety, general welfare, plat design and character of the subdivision and
the surrounding area. All such facilities placed in dedicated public ways shall be planned so as to
not conflict with other underground utilities. All such facilities shall be constructed in accordance
with standards of construction approved by the appropriate state agency. All drainage and
underground utility installations which traverse privately owned property shall be protected by
easements granted by the proprietor. The underground work for all utilities shall be stubbed to the
Lot line of each premises served.
(2)
Water supply system. The water supply system shall be in accordance with the following:
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a. A water distribution system consisting of appropriate water distribution mains, fire
hydrants, and other water system appurtenances shall be provided by the subdivider. This
system shall meet all requirements of the county, the state, the township, and any water
supplier with which the township has contracted for water supply. If water transmission lines
are adjacent to the subdivision, the subdivider shall connect the water system provided by
the subdivider to such transmission lines. If water transmission lines are reasonably
proximate to the subdivision (i.e., within 2,700 feet of the subdivision), the township board
may, in its discretion, require the subdivider to participate in and share in whole or in part the
cost of extending such transmission lines to the subdivision. After such extension is
completed, the water system provided by the subdivider shall be connected to the water
transmission lines by the subdivider. If water transmission lines are not adjacent to or going
to be extended to the subdivision, the water system shall be charged and capped in such
reasonable manner as is satisfactory to the Township Engineer. As an alternative, the water
distribution system may, with the approval of the township board after consultation with the
planning commission, the Township Engineer, and the county health department, be
connected to a central well to be provided by the subdivider. Such well shall be in
conformance with all requirements of the county, the state, and the township. The township
may, at its option, choose to operate and maintain such system, or in the alternative the
township may delay assuming operation and maintenance of such system until a later date.
At such time as water transmission lines are adjacent to the subdivision, use of the central
water system shall terminate, and connection shall be made promptly to the water
transmission lines at the expense of the subdivision, the cost to be shared on a pro rata basis
by all Lots within the subdivision. If a central well is not provided, individual wells may be
utilized as long as they comply completely with all requirements of the county, the state, and
the township.
b. If water transmission lines for a public water supply are not adjacent to or going to be
extended to the subdivision, the township board may, in its discretion, require that the
subdivider execute an agreement agreeing to the imposition of a special assessment to
cover the subdivision's share of the cost of providing the necessary public water facilities to
extend a public water supply to the subdivision as well as the cost of connecting such
facilities to the subdivision water system. Such agreement shall be prepared by the township
and shall be in such form as shall be necessary, in the reasonable opinion of the township
attorney, to effectuate the purposes of this subsection.
c.
Alternatively, or in conjunction with subsection (2)b of this section, if water transmission
lines for a public water supply are not adjacent to or going to be extended in a reasonable
period of time to the subdivision and if no central well is provided, the township board may, in
its discretion, require that the subdivider, in addition to using individualized wells, also
construct a water distribution system to service the subdivision at such time that water
transmission lines are extended to the subdivision. The subdivider shall still be responsible,
in the township board's discretion, to share the cost of extending water transmission lines to
the subdivision, as well as pay the entire cost of connecting such water transmission lines to
the subdivision's water distribution system. The subdivision's water distribution system shall
meet all the requirements of the county, the state, the township and any water supplier with
which the township has contracted for water supply.
d. If a water distribution system is required of the subdivider by the township board, the
following shall be the minimum construction standards to be used:
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1. Water mains shall be at least eight inches in diameter. Larger sizes may be
required in certain locations to provide adequate flows and pressure at the fire flow or
other peak demand.
2. A one-inch-diameter service lead with curb box shall be provided for each Lot. The
service leads shall be installed to the property line, with the curb box installed at the
Right-of-Way or as approved by the township.
3. The water main system shall be looped by connecting to at least two outside
sources. If only one source is available, adequate provisions shall be made for future
looping connections.
4. Fire hydrants in residential subdivisions shall be located not more than 500 feet
apart and situated such that all portions of buildings are within 250 feet of any fire
hydrant. The proprietor shall install hydrant signs on ground-installed signposts three
feet behind (opposite the Street side) all fire hydrants.
5. Valves shall be placed at all intersections and such other locations so that no more
than 20 dwelling units may be isolated. Valve spacing shall not exceed 1,000 feet.
6. Dead-end water mains serving culs-de-sac and other short Street designs shall not
exceed 500 feet in length. Where the length exceeds 500 feet, provisions for looping
shall be provided as required in this subsection.
7. No service connections to existing water mains shall be made until pressure and
bacteriological tests of the new main have been successfully completed and approved
by the township board.
8. A note must be included on the plans stating that all work shall be in accordance
with the township construction standards.
(3)
Sanitary sewer. The sanitary sewer shall be installed in accordance with the following:
a. When connection to a public sanitary sewer system is probable within a reasonable
period of time, a sanitary sewer system consisting of appropriate sewer lines, lift stations,
and other sanitary sewer system appurtenances shall be provided by the subdivider. This
system shall meet all requirements of the county, the state, the township, and any agency
with which the township has contracted for the treatment and disposal of its sewage. If
sanitary sewer transmission lines are adjacent to the subdivision, the subdivider shall
connect the sanitary sewer system provided by the subdivider to such transmission lines. If
sanitary sewer transmission lines are reasonably proximate to the subdivision (i.e., within
2,700 feet of the subdivision), the township board may, in its discretion, require the
subdivider to participate in and share in whole or in part the cost of extending such
transmission lines to the subdivision. After such extension is completed, the sanitary sewer
system provided by the subdivider shall be connected to the sanitary sewer transmission
lines by the subdivider. If sanitary sewer transmission lines are not adjacent to or going to be
extended to the subdivision, the sanitary sewer system shall be capped in such reasonable
manner as is satisfactory to the Township Engineer. As an alternative, the sanitary sewer
system may, with the approval of the township board after consultation with the planning
commission, the Township Engineer, and the county health department, be connected to a
central sewage disposal system to be provided by the subdivider. Such central sewage
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disposal system shall be in conformance with all requirements of the county, the state, and
the township. The township may, at its option, choose to operate and maintain such system,
or in the alternative the township may delay assuming operation and maintenance of such
system until a later date. At such time as sanitary sewer transmission lines are adjacent to
the subdivision, use of the central sewer system shall terminate, and connection shall be
made promptly to such transmission lines at the expense of the subdivision, the cost to be
shared on a pro rata basis by all Lots within the subdivision. If a central sewage disposal
system is not provided, septic tanks and disposal fields may be utilized so long as they
comply with all requirements of the county, the state, and the township.
b. If sanitary sewer transmission lines are not adjacent to or going to be extended to the
subdivision, the township board may, in its discretion, require that the subdivider execute an
agreement agreeing to the imposition of a special assessment to cover the subdivision's
share of the cost of providing the necessary public sanitary sewer facilities to extend public
sanitary sewer service to the subdivision. Such agreement shall be prepared by the township
and shall be in such form as shall be necessary, in the reasonable opinion of the township
attorney, to effectuate the purposes of this subsection.
c.
If sanitary sewer transmission lines are not adjacent to or going to be extended in a
reasonable period of time to the subdivision and if no central sewage disposal system is
provided, the township board may, in its discretion, require that the subdivider, in addition to
using septic tanks and disposal fields, also construct a sanitary sewer system to service the
subdivision at such time that sanitary sewer transmission lines are extended to the
subdivision. The subdivider shall still be responsible, in the township board's discretion, to
share the cost of extending the sanitary sewer transmission lines to the subdivision, as well
as pay the entire cost of connecting such sanitary sewer transmission lines to the
subdivision's sanitary sewer system. The subdivision's sanitary sewer system shall meet all
requirements of the county, the state, the township and any agency with which the township
has contracted for the treatment and disposal of its sewage.
d. If a sanitary sewer system is required of the subdivider by the township board, the
following shall be the minimum construction standards to be used:
1. Where sanitary sewer depth is minimal or too shallow for providing gravity service
to basements, basement grades shall be shown for existing and proposed houses.
Alternatively, the plans shall include a note stating that no basements will be served or a
description of the method of serving basements.
2. Sanitary sewers shall be at least eight inches in diameter. Larger sizes may be
required at certain locations.
3. If sanitary sewers exist, all appropriate fees shall be paid prior to final plat
approval.
4. A six-inch-diameter service lead shall be provided for each Lot. Each lead shall be
extended to the Lot line or to the interior easement line, if an easement is adjacent to
the Street Right-of-Way, and shall be installed in accordance with the township
construction standards.
5. Six-inch-diameter property line service lead risers shall be installed to within a
depth of three feet of the elevation of the adjoining Street.
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6. Maximum manhole spacing shall be 400 feet or as approved by the Township
Engineer.
7. The proprietor's engineer shall provide the basis of design as required by the
8. Manholes shall be placed at the end of every run receiving two or more
connections, at intersections, at deflections in the sewer, at grade changes and at
terminus runs of the sewer. Dead-end sewers shall be designated as follows: "To
facilitate future construction only; no house leads allowed until a terminus manhole is
constructed."
9. An easement shall be designated on the plan for each run of public sewer not in a
public Right-of-Way. The minimum easement width shall be 20 feet.
10. Utility crossings shall be in accordance with standards of the appropriate state
agency.
11. When the sanitary sewer is parallel to a water main, a minimum horizontal
clearance of ten feet, measured from the outside of one pipe to the outside of the other
pipe, is required.
12. Connection to an existing sanitary sewer will be permitted only after all required
sewer tests have been successfully completed and approved by the Township
Engineer.
13. A note must be included on the plans stating that all work shall be in accordance
with township construction standards.
(4) Street lighting. Any Street lighting within a subdivision shall be with decorative streetlights.
Decorative streetlights shall be installed at such locations as the township board in its discretion
reasonably requires. A Street layout plan shall indicate proposed lighting pole locations. The
streetlights shall be installed at the subdivider's expense. The subdivider shall sign an agreement
with the township agreeing to the imposition of a special assessment to cover the cost of operating
the streetlights. Such agreement shall be prepared by the township and shall be in such form as
shall be necessary, in the reasonable opinion of the township attorney, to effectuate the purposes
of this subsection. The agreement between the subdivider and the township shall terminate if the
township board decides, in its discretion, not to specially assess the operating expenses of the
streetlights to the Lots in the subdivision.
(5)
Gas. Underground gas lines shall be installed whenever feasible.
(Ord. No. 80, § 5.4, 9-1-1999)
Sec. 20-200. - Optional Improvements.
In certain instances the subdivision Improvements specified in this section shall be installed. In other
instances such installation shall be optional. If installed, the Improvements shall be installed as
provided in this section. Optional improvements are as follows:
(1) Recreation. Where a school site, neighborhood park, recreation area, or public access to
water frontage, as previously delineated or specified by official action of the planning commission,
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is located in whole or in part in the proposed subdivision, the township board may request the
reservation of such open space for school, park, recreation or public access purposes. If such
request is granted, the area shall be reserved for the respective school district in the case of
school sites or for the township in all other cases. The township may, in its discretion, accept a
dedication of these land areas.
(2) Greenbelt. It is desirable for the protection of residential properties to have Greenbelt or
landscaped screen plantings located between a residential development and adjacent county
primary roads, railroad Rights-of-Way or commercial or industrial land uses.
(3) Street trees. The variety and size of Street trees shall be subject to the approval of the
county road commission. Street trees may be planted between the Street curb and sidewalk. The
location of all Street trees shall be approved by the county road commission.
(4) Landscaping. The proprietor is encouraged to provide landscaping, trees, and shrubbery
within the proposed subdivision. Trees and other shrubbery may be provided by the proprietor
within public Rights-of-Way as approved by the county road commission.
(Ord. No. 80, § 5.5, 9-1-1999)
Sec. 20-201. - Nonresidential subdivisions.
Subdivisions intended to accommodate industrial and commercial development shall conform to at
least the following minimum requirements, in addition to any other requirements set forth by the
township board:
(1) Generally. A nonresidential subdivision shall be subject to all the requirements of this article
and shall be specifically designed for such purposes and shall have adequate provision for
off-Street parking, setbacks and other requirements in accordance with chapter 40
(2) Standards. In addition to the principles and standards in this article, which are appropriate to
the planning of all subdivisions, the proprietor shall demonstrate that the Street, parcel, and Block
pattern proposed is suitable for the uses anticipated and takes into account other uses in the
vicinity. The following general principles and standards shall be observed:
a. Proposed commercial or industrial parcels shall be suitable in area and dimensions to
the types of commercial development or Industrial Development anticipated.
b. Street Rights-of-Way and pavement shall be adequate to accommodate the type and
volume of traffic anticipated to be generated thereupon.
c.
Special requirements may be imposed with respect to Street, curb, gutter and sidewalk
design and construction.
d. Special requirements may be imposed with respect to the installation of public utilities,
including without limitation water mains, sanitary sewers and stormwater drainage.
e. All reasonable efforts shall be made to protect adjacent residential areas from potential
nuisance caused by a proposed commercial or industrial subdivision, including the provision
for a permanently landscaped buffer strip when necessary.
f.
Streets carrying nonresidential traffic, especially truck traffic, shall not normally be
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extended to the boundaries of adjacent existing or potential residential areas.
(Ord. No. 80, § 5.6, 9-1-1999)
Sec. 20-202. - Guarantee and completion of Improvements.
The construction of all Improvements required by this article shall either be completed by the subdivider
prior to final plat approval or their completion shall be guaranteed in accordance with the following:
(1) Guarantee. In lieu of the actual installation and approval of all Improvements required by this
article prior to final plat approval, the township board may, in its discretion, for those requirements
which are over and beyond the requirements of the county road commission, county drain
commissioner, or any other public agency responsible for the administration, operation and
maintenance of the applicable public Improvement, permit the subdivider to guarantee completion
of such required Improvements in one or a combination of the arrangements in subsection (2) of
this section. In each instance where the subdivider is to guarantee completion of required
Improvements, the township and the subdivider shall enter into a written agreement specifying in
detail the nature of the required Improvements, the time in which these Improvements are to be
completed, provisions for checking or inspecting the construction of each such Improvement to
determine its conformity to the submitted construction plans and specifications, and the nature of
the financial guarantee of performance which is to be provided by the subdivider for each such
Improvement. The township board may waive financial guarantees of required Improvements for
streetlights or Street trees.
(2) Alternatives. A financial guarantee for completion shall be provided pursuant to one of the
following two alternatives. In either event, the written agreement between the township and the
subdivider may provide that the amount of the bond or deposit provided, as the case may be, shall
be progressively reduced as specified Improvements are completed:
a.
Performance or surety bond.
1. Accrual. The bond shall accrue to the township and shall cover the full cost of
constructing and installing the specific Improvement and, where applicable, placing the
specific Improvement in operation.
2. Amount. The bond shall be in an amount equal to the total estimated cost for
completing construction and installation of the specific Improvement, including
contingencies, as estimated by the township board, as well as the total estimated cost
of placing the specific Improvement in operation, where applicable, including
contingencies, as estimated by the township board.
3. Term. The term of the bond shall be for such period as shall be specified by the
township board.
4. Bonding or surety company. The bond shall be written by a surety company which
is authorized to do business in the state and which is acceptable to the township board.
b.
Cash deposit, certified check, negotiable bond, or irrevocable bank letter of credit.
1. Treasurer, escrow agent or trust company. A cash deposit, certified check,
negotiable bond, or an irrevocable bank letter of credit, such bond or letter of credit to
be approved by the township board, shall be deposited with the township. The escrow
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agreement may provide that the deposit will be held by the township treasurer or, in the
alternative and subject to approval by the township board, that the deposit will be held
by a state or national banking corporation.
2. Dollar value. The cash deposit, certified check, negotiable bond, or irrevocable
bank letter of credit shall be in an amount equal to the total estimated cost of
construction and installation of the specified Improvement, including contingencies, as
estimated by the township board, as well as, where applicable, the total estimated cost
of placing the specific Improvement in operation, including contingencies, as estimated
by the township board.
3. Term. The deposit shall be retained by the township board for a period to be
specified by the township board.
(3) Penalty. If the subdivider shall, in any case, fail to complete an Improvement within the period
of time specified in the agreement with the township for completion, the township board may, at its
option, proceed itself to have the Improvement completed. The agreement between the subdivider
and the township shall provide that all costs and expenses incurred by the township in completing
the Improvement shall be reimbursed from the bond or deposit provided pursuant to subsection
(2) of this section and, if such bond or deposit shall be insufficient, from the subdivider.
(4) Inspections of Improvements. The engineer for the subdivider must certify with sealed
documentation that all Improvements have been constructed in full compliance with the final plat
and the township construction standards or as otherwise required by the township board. The
Township Engineer shall also be responsible for inspecting the construction of all Improvements
as assigned by the township and certifying that their construction has been satisfactorily
completed. If an inspection reveals that any of the required Improvements have not been
constructed in accordance with the final plat, the township construction standards or as required
by the township board, the proprietor shall be responsible for completing the Improvements.
Where, the cost of Improvements is covered by guaranty or surety, the proprietor and the bank,
bond company or other agent shall be severally and jointly liable for completing the Improvements
according to specifications.
(5) Certificates of occupancy. Issuance of certificates of occupancy shall be in accordance with
the following:
a. No certificate of occupancy for any building in the subdivision shall be issued prior to the
completion of the Improvements, dedication of the Improvements to the township, and
acceptance by the township board, except as provided in subsection (5)b of this section.
b. Whenever, because of the season of the year, any Lot Improvement required by this
article cannot be performed, the building inspector may issue a certificate of occupancy,
provided there is not danger to health, safety or general welfare, upon the township
accepting a cash deposit in an amount to be determined by the Township Engineer for the
cost of the Improvement. The surety covering such Lot Improvement shall remain in full force
and effect until the Township Engineer has certified that the construction of the Improvement
has been satisfactorily completed. All required Improvements for which a deposit has been
accepted by the township at the time of issuance of a certificate of occupancy shall be
installed by the proprietor within one year. If the Improvement has not been properly installed
at the end of the time period, the township board shall give two weeks' written notice to the
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proprietor requiring the Improvement's installation. If the Improvement is not timely installed,
the township supervisor may then request the township board to authorize the Township
Engineer to contract out the work for the installation of the necessary Improvement at a sum
not to exceed the escrow deposit. At the time of issuance of this certificate of occupancy for
which a deposit was made with the township, the proprietor shall obtain and file a notarized
statement from the purchaser of the premises authorizing the township to arrange and
contract for the installation of the Improvement at the end of the one year if the Improvement
has not been duly installed by the proprietor.
(Ord. No. 80, § 5.7, 9-1-1999)
Chapter 22 - LAW ENFORCEMENT [27]
(27)
Cross reference— Administration, ch. 2; offenses, ch. 24; traffic and vehicles, ch. 34.
ARTICLE II. - MUNICIPAL CIVIL INFRACTIONS
(27)
State Law reference— Law enforcement officers training council act, MCL 28.601 et seq.; minimum employment
standards, MCL 28.609. (Back)
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ARTICLE II. - MUNICIPAL CIVIL INFRACTIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
22-27. - Bureau.
22-28. - Authorized Township Officials.
22-29. - Commencement of action.
22-30. - Issuance and service of citations.
22-31. - Contents of citations.
22-32. - Contents; issuance; service of notices.
22-33. - Sanctions; continuing violations; injunctive relief.
For purposes of this article, any word or term not defined in this section shall be considered to be
defined in accordance with its common or standard definitions. The following words, terms and
phrases, when used in this article, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Act means Public Act No. 236 of 1961 (MCL 600.101 et seq.).
Authorized Township Official means a police officer or other personnel of the township authorized by
ordinance to issue Municipal Civil Infraction Citations or Municipal Civil Infraction Violation Notices.
Bureau means the township municipal ordinance violations Bureau as established by this article.
Municipal Civil Infraction means an act or omission that is prohibited by ordinance of the township, but
which is not a crime under this article or other sections of this Code or other township ordinances and
for which civil sanctions, including without limitation fines, damages, expenses and costs, may be
ordered, as authorized by chapter 87 of the Act (MCL 600.8701 et seq.). A Municipal Civil Infraction is
not a lesser included offense of a violation of this Code or other township ordinance which is a criminal
offense.
Municipal Civil Infraction Action means a civil action in which the defendant is alleged to be responsible
for a Municipal Civil Infraction.
Municipal Civil Infraction Citation means a written complaint or notice prepared by an Authorized
Township Official, directing a person to appear at the Bureau or a court of law regarding the occurrence
or existence of a Municipal Civil Infraction violation by the person cited.
Municipal Civil Infraction Determination means a determination that a defendant is responsible for a
Municipal Civil Infraction by one of the following:
(1)
An admission of responsibility for the Municipal Civil Infraction.
(2)
An admission of responsibility for the Municipal Civil Infraction with explanation.
(3)
A preponderance of the evidence at an informal hearing or formal hearing.
(4)
A default judgment for failing to appear as directed by citation or other notice.
Municipal Civil Infraction Violation Notice means a written notice prepared by an Authorized Township
Official, directing a person to appear at the Bureau and to pay the fine and costs, if any, prescribed for
the violation by the schedule of civil fines adopted by the township, as authorized under sections 8396
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and 8707(6) of the Act (MCL 600.8396, 600.8707(6)).
Trailway Municipal Civil Infraction means a Municipal Civil Infraction involving the operation of a vehicle
on a recreational trailway at a time, in a place, or in a manner prohibited by ordinance.
Trailway Municipal Civil Infraction Action means a civil infraction action in which a defendant is alleged
to be responsible for a Trailway Municipal Civil Infraction.
(Ord. No. 57, § 1, 4-17-1996)
Sec. 22-27. - Bureau.
(a) The township hereby establishes the Bureau as authorized under section 8396 of the Act (MCL
600.8396) to accept admissions of responsibility for Municipal Civil Infractions in response to Municipal
Civil Infraction Violation Notices issued and served by Authorized Township Officials and to collect and
retain civil fines and costs as prescribed by ordinance. The expenses of operating the Bureau shall be
borne by the township, and the personnel of the Bureau shall be township employees.
(b) The Bureau shall be located at the township office, 3461 Blue Star Highway, Saugatuck, Michigan
49453, and shall be under the supervision and control of the township clerk. The township clerk, subject
to the approval of the township board, shall adopt rules and regulations for the operation of the Bureau
and shall appoint any necessary qualified township employees to administer the Bureau.
(c) The Bureau may dispose only of Municipal Civil Infraction violations for which a fine has been
scheduled and for which a Municipal Civil Infraction Violation Notice, as compared with a Municipal Civil
Infraction Citation, has been issued. The fact that a fine has been scheduled for a particular violation
shall not entitle any person to dispose of the violation at the Bureau. Nothing in this article shall prevent
or restrict the township from issuing a Municipal Civil Infraction Citation for any violation or from
prosecuting any violation in a court of competent jurisdiction. No person shall be required to dispose of
a Municipal Civil Infraction violation at the Bureau, and the person may have the violation processed
before a court of appropriate jurisdiction. The unwillingness of any person to dispose of any violation at
the Bureau shall not prejudice the person or in any way diminish the person's rights, privileges and
protection accorded by law.
(d) The scope of the Bureau's authority shall be limited to accepting admissions of responsibility for
Municipal Civil Infractions and collecting and retaining civil fines and costs as a result of those
admissions. The Bureau shall not accept payment of a fine from any person who denies having
committed the offense or who admits responsibility only with explanation, and in no event shall the
Bureau determine or attempt to determine the truth or falsity of any fact or matter relating to an alleged
violation.
(Ord. No. 57, § 5, 4-17-1996)
Sec. 22-28. - Authorized Township Officials.
Any county deputy sheriff, the county sheriff, any state trooper as well as the township constable, the
township supervisor and the township zoning administrator are hereby designated as Authorized
Township Officials to issue Municipal Civil Infraction Citations, directing alleged violators to appear in
court, or Municipal Civil Infraction Violation Notices, directing alleged violators to appear at the Bureau,
as provided by this article.
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(Ord. No. 57, § 8, 4-17-1996)
Sec. 22-29. - Commencement of action.
A Municipal Civil Infraction may be commenced upon the issuance by an Authorized Township Official
of the following:
(1)
A Municipal Civil Infraction Citation directing the alleged violator to appear in court; or
(2) A Municipal Civil Infraction Violation Notice directing the alleged violator to appear at the
Bureau.
(Ord. No. 57, § 2, 4-17-1996)
Sec. 22-30. - Issuance and service of citations.
Municipal Civil Infraction Citations shall be issued and served by Authorized Township Officials as
follows:
(1) The time for appearance specified on a citation shall be within a reasonable time after the
citation is issued.
(2) The place for appearance specified on a citation shall be the county district court unless the
person cited for a Municipal Civil Infraction is under the age of 17 at the time of the occurrence of
the violation, at which time the matter shall be referred to the county probate court.
(3) Each citation shall be numbered consecutively, shall be in the form approved by the state
court administrator and shall consist of the following parts:
a. The original, which is a complaint and notice to appear, shall be filed with the county
district court;
b.
The first copy shall be retained by the township and/or the ordinance enforcing agency;
c.
The second copy shall be issued to the alleged violator if the violation is a Municipal
Civil Infraction; and
d.
The third copy shall be issued to the alleged violator if the violation is a misdemeanor.
(4) A citation for a Municipal Civil Infraction signed by an Authorized Township Official shall be
treated as made under oath if the violation alleged in the citation occurred in the presence of the
official signing the complaint and if the citation contains the following statement immediately above
the date and signature of the official: "I declare under the penalties of perjury that the statements
above are true to the best of my information, knowledge, and belief."
(5) An Authorized Township Official who witnesses a person commit a Municipal Civil Infraction
shall prepare and subscribe, as soon as possible and as completely as possible, an original and
required copies of a citation.
(6)
An Authorized Township Official may issue a citation to a person if:
a. Based upon investigation, the official has reasonable cause to believe that the person is
responsible for a Municipal Civil Infraction; or
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b. Based upon investigation of a complaint by someone who allegedly witnessed the
person violate an ordinance, a violation of which is a Municipal Civil Infraction, the official has
reasonable cause to believe that the person is responsible for an infraction and if the
prosecuting attorney or township attorney approves in writing the issuance of the citation.
(7) Municipal Civil Infraction Citations shall be served by an Authorized Township Official as
follows:
a. Except as provided in subsection (7)b of this section, an Authorized Township Official
shall personally serve a copy of the citation upon the alleged violator.
b. If the Municipal Civil Infraction Action involves the use or occupancy of land, a building
or other structure, a copy of the Municipal Civil Infraction Citation does not need to be
personally served upon the alleged violator, but may be served upon an owner or occupant
of the land, building or structure by posting the copy on the land or attaching the copy to the
building or structure. In addition, a copy of the citation shall be sent by first class mail to the
owner of the land, building, or structure at the owner's last known address. A citation served
in accordance with this subsection for a violation involving the use or occupancy of land or a
building or other structure shall be processed in the same manner as a citation served
personally upon a defendant.
(Ord. No. 57, § 3, 4-17-1996)
Sec. 22-31. - Contents of citations.
(a) A Municipal Civil Infraction Citation shall contain the name of the plaintiff and the name and the
address of the alleged violator, the Municipal Civil Infraction alleged, the place where the alleged
violator shall appear in court, the telephone number of the court, and the time at or by which the
appearance shall be made.
(b) A Municipal Civil Infraction Citation shall inform the alleged violator that the alleged violator may
do one of the following:
(1) Admit responsibility for the Municipal Civil Infraction by mail, in person, or by representation,
at or by the time specified for appearance.
(2) Admit responsibility for the Municipal Civil Infraction with explanation by mail, in person, or by
representation, by the time specified for appearance.
(3)
Deny responsibility for the Municipal Civil Infraction by doing either of the following:
a. Appearing in person for an informal hearing before a judge or district court magistrate,
without the opportunity of being represented by an attorney, unless a formal hearing before a
judge is requested by the township.
b. Appearing in court for a formal hearing before a judge, with the opportunity of being
represented by an attorney. A party requesting a formal hearing shall notify the court and the
other parties of the request at least ten days before the hearing date, which request may be
made in person, by representatives, by mail or by telephone.
(c)
The citation shall also inform the alleged violator of all of the following:
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(1) If the alleged violator desires to admit responsibility with explanation in person or by
representation, the alleged violator must apply to the court in person, by mail, by telephone, or by
representation within the time specified for appearance and obtain a scheduled date and time for
an appearance.
(2) If the alleged violator desires to deny responsibility, the alleged violator must apply to the
court in person, by mail, by telephone, or by representation within the time specified to appear for
a hearing, unless a hearing date is specified on the citation.
(3) A hearing shall be an informal hearing unless a formal hearing is requested by the alleged
violator or the township.
(4) At an informal hearing the alleged violator must appear in person before a judge or district
court magistrate, without the opportunity of being represented by an attorney.
(5) At a formal hearing the alleged violator must appear in person before a judge with the
opportunity of being represented by an attorney.
(d) The citation shall contain a notice in boldface type that the failure of the alleged violator to appear
within the time specified in the citation or at the time scheduled for a hearing or appearance is a
misdemeanor and will result in entry of a default judgment against the alleged violator on the Municipal
Civil Infraction. Return of the citation with an admission of responsibility and with full payment of
applicable civil fines and costs, return of the citation with an admission of responsibility with explanation
and with full payment of applicable civil fines and costs, or timely application to the court for a
scheduled date and time for an appearance under subsection (c)(1) of this section or a hearing under
subsection (c)(2) of this section constitutes a timely appearance.
(e) A citation that may be issued for a Trailway Municipal Civil Infraction shall be designed to allow the
Authorized Township Official to indicate that the defendant is required to appear at a formal hearing. An
Authorized Township Official issuing a citation for a Trailway Municipal Civil Infraction shall require the
defendant to appear at a formal hearing if either or both of the following apply:
(1)
The Trailway Municipal Civil Infraction caused damage to a natural resource or facility.
(2)
The Authorized Township Official impounds the vehicle.
(f) If an Authorized Township Official issues a citation as set forth in this section, the court may
accept an admission with explanation or an admission or denial of responsibility without the necessity
of a sworn complaint. If the defendant denies responsibility for the Municipal Civil Infraction, further
proceedings shall not be held until a sworn complaint is filed with the court. A warrant for arrest for
failure to appear on the Municipal Civil Infraction Citation shall not be issued until a sworn complaint
relative to the Municipal Civil Infraction is filed with the court.
(Ord. No. 57, § 4, 4-17-1996)
Sec. 22-32. - Contents; issuance; service of notices.
(a) An Authorized Township Official may issue and serve a Municipal Civil Infraction Violation Notice
instead of a Municipal Civil Infraction Citation under the same circumstances and upon the same
persons as provided for service of Municipal Civil Infraction Citations. In addition to any other
information required by this article or other ordinances, the violation shall indicate the time by which the
alleged violator must appear at the Bureau, the methods by which an appearance may be made, the
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address and telephone number of the Bureau, the hours during which the Bureau is open, the amount
of the fine scheduled for the alleged violation, and the consequences for failure to appear and pay the
required fine within the required time.
(b) An alleged violator receiving a Municipal Civil Infraction Violation Notice shall appear at the
Bureau and pay the specified fine and costs at or by the time specified for appearance in the Municipal
Civil Infraction Violation Notice. An appearance may be made by mail, in person, or by representation.
(c) If an Authorized Township Official issues and serves a municipal ordinance violation notice and if
an admission of responsibility is not made and the civil fine and costs, if any, prescribed by the
schedule of fines for the violation are not paid at the Bureau, a Municipal Civil Infraction Citation may be
filed with the county district court, and a copy of the citation may be served by first class mail upon the
alleged violator at the alleged violator's last known address. The citation filed with the court does not
need to comply in all particulars with the requirements for citations as provided by sections 8705 and
8709 of the Act (MCL 600.8705, 600.8709), but shall consist of a sworn complaint containing the
allegations stated in the municipal ordinance violation notice and shall fairly inform the alleged violator
how to respond to the citation.
(Ord. No. 57, § 6, 4-17-1996)
Sec. 22-33. - Sanctions; continuing violations; injunctive relief.
(a) The sanction for a violation which is a Municipal Civil Infraction shall be a civil fine in the amount
as provided by ordinance, plus any costs, damages, expenses and other sanctions, as authorized
under chapter 87 of the Act (MCL 600.8701 et seq.), and other applicable laws.
(1) Unless otherwise specifically provided for a particular Municipal Civil Infraction violation by
ordinance, the civil fine for a violation shall be not less than $50.00, plus costs and other
sanctions, for each infraction.
(2) Increased civil fines may be imposed for repeated violations by a person of any requirement
or provision of an ordinance. As used in this subsection, the term "Repeat Offense" means a
second or any subsequent Municipal Civil Infraction violation of the same requirement or provision
committed by a person within any 12-month period, unless some other period is specifically
provided by ordinance, and for which the person admits responsibility or is determined to be
responsible. Unless otherwise specifically provided by ordinance for a particular Municipal Civil
Infraction violation, the increased fine for a Repeat Offense shall be as follows:
a. The fine for any offense which is a first Repeat Offense shall be no less than $250.00,
plus costs.
b. The fine for any offense which is a second Repeat Offense or any subsequent Repeat
Offense shall be no less than $500.00, plus costs.
(b) A violation includes any act which is prohibited or made or declared to be unlawful or an offense
by ordinance, and any omission or failure to act where the act is required by ordinance.
(c) Each day on which any violation of an ordinance continues constitutes a separate offense and
shall be subject to penalties or sanctions as a separate offense.
(d) In addition to any remedies available at law, the township may bring an action for an injunction or
other process against a person to restrain, prevent or abate any violation of a township ordinance.
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(Ord. No. 57, § 7, 4-17-1996)
Chapter 24 - OFFENSES [28]
(28)
Cross reference— Law enforcement, ch. 22.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
24-2. - Loitering.
24-3. - Begging and soliciting alms by accosting or forcing oneself upon the company of another.
24-4. - Noise.
24-5. - Window peeping.
24-6. - Entry upon lands of another after having been forbidden to do so.
24-7. - Destruction, damage or removal of property of others.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Private Property means any place privately owned that is not defined as Public Property.
Public Property means any place owned by, possessed or leased to any governmental body or agency,
including buildings, schools, streets, waterways and parks, and is also any place privately owned that is
open to the general public other than on an appointment or private invitation basis, such as stores,
restaurants, taverns, assembly halls and churches.
(Ord. No. 29, § I, 5-7-1980)
Sec. 24-2. - Loitering.
(a) The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Loiter means remaining idle in essentially one location and includes the concept of spending time idly;
to be dilatory; to linger; to stay; to saunter; to delay; to stand around and also includes the colloquial
expression "hanging around."
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Public Place means any place to which the general public has access and a right of resort for business,
entertainment or for other lawful purpose, but does not necessarily mean a place devoted solely to the
uses of the public. It also includes the front or immediate area of any store, shop, restaurant, tavern or
other place of business and also public grounds, areas or parks.
(b) It shall be unlawful for any person within the township to Loiter either alone or in consort with
others, in a Public Place in such manner so as to:
(1) Obstruct any public street, public highway, public sidewalk or any other Public Place or public
building by hindering or impeding or tending to hinder or impede the free and uninterrupted
passage of vehicles, traffic or pedestrians after having been told to move on by a police officer.
(2) Commit in or upon any public street, public highway, public sidewalk or any other Public
Place or public building any act or thing which is an obstruction or interference to the free and
uninterrupted use of property or with any business lawfully conducted by anyone in or upon or
facing or fronting on any such public street, public highway, public sidewalk or any other Public
Place or public building, all of which prevents the free and uninterrupted ingress, egress and
regress, therein, thereon and thereto after having been told to move on by a police officer.
(3) Obstruct the entrance to any business establishment, without doing so for some lawful
purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in
control or charge of the building or premises.
(Ord. No. 29, § VII, 5-7-1980)
State law reference— Certain loiterers deemed disorderly persons, MCL 750.167.
Sec. 24-3. - Begging and soliciting alms by accosting or forcing oneself upon the company of
another.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Accosting means approaching or speaking to someone in such a manner as would cause a reasonable
person to fear imminent bodily harm or the commission of a criminal act upon the person or upon
property in his immediate possession.
Ask, Beg and Solicit mean and include the spoken, written or printed word or such other acts as are
conducted in furtherance of the purpose of obtaining alms.
Forcing Oneself Upon the Company of Another means continuing to request, Beg or Solicit alms from a
person after that person has made a negative response, blocking the passage of the individual
addressed or otherwise engaging in conduct which could reasonably be construed as intended to
compel or force a person to accede to demands.
(b) Exceptions. Except when performed in the manner and locations set forth in subsections (c) and
(d) of this section, it shall not be unlawful to Ask, Beg or Solicit money or other things of value.
(c)
Location. It shall be unlawful for any person to Ask, Beg or Solicit money or other things of value:
(1)
On Private Property if the owner, tenant, or lawful occupant has asked the person not to
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Solicit on the property or has posted a sign clearly indicating that solicitations are not welcome on
the property;
(2)
Within 15 feet of the entrance to or exit from any public toilet facility;
(3) Within 15 feet of an automatic teller machine, provided that when an automated teller
machine is located within an automated teller machine facility, such distance shall be measured
from the entrance or exit of the automated teller machine facility;
(4) Within 15 feet of any pay telephone, provided that when a pay telephone is located within a
telephone booth or other facility, such distance shall be measured from the entrance or exit of the
telephone booth or facility;
(5) In any public transportation vehicle or in any bus or subway station or within 15 feet of any
bus stop or taxistand;
(6) From any operator of a motor vehicle that is in traffic on a public street; provided, however,
that this subsection shall not apply to services rendered in connection with emergency repairs
requested by the owner or passengers of such vehicle;
(7) From any person who is waiting in line for entry to any building, public or private, including
any residence, business, or athletic facility; or
(8) Within 15 feet of the entrance or exit from a building, public or private, including any
residence, business, or athletic facility.
(d) Manner. It shall be unlawful for any person to Ask, Beg or Solicit money or other things of value
by:
(1)
Accosting another; or
(2)
Forcing Oneself Upon the Company of Another.
(Ord. No. 29, § V, 5-7-1980)
State law reference— Begging, MCL 750.167(1)(h).
Sec. 24-4. - Noise.
No person shall cause or allow to be caused on either Public Property or Private Property any noise
which, by volume, frequency, pitch or intensity, is offensive or disturbing to the members of the general
public.
(Ord. No. 29, § II, 5-7-1980)
Cross reference— Noise control, § 14-116 et seq.
State law reference— Disturbing public place, MCL 750.170.
Sec. 24-5. - Window peeping.
No person, while on the person's property or on the property of another, shall look or peep through the
windows and into a room of a residential unit, office or place of business unless the person is entitled to
legal occupancy of the residential unit, office or place of business or unless such looking or peeping is
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done with the permission of the occupant of the particular residential unit, office or place of business
being looked or peeped into.
(Ord. No. 29, § IV, 5-7-1980)
State law reference— Person window peeping deemed a disorderly person, MCL 750.167(1)(c).
Sec. 24-6. - Entry upon lands of another after having been forbidden to do so.
No person shall wilfully enter upon the lands or premises of another without lawful authority, after
having been forbidden to do so by the owner or occupant or agent or servant of the owner or occupant.
No person, being upon the land or premises of another, upon being notified to depart therefrom by the
owner or occupant or the agent or servant of either, shall without lawful authority neglect or refuse to
depart therefrom.
(Ord. No. 29, § III, 5-7-1980)
State law reference— Similar provisions, MCL 750.552.
Sec. 24-7. - Destruction, damage or removal of property of others.
No person shall individually or in consort with others wilfully destroy, damage, alter, deface or remove
any real or personal property not belonging to that person.
(Ord. No. 29, § VI, 5-7-1980)
(28)
State Law reference— Michigan Penal Code, MCL 750.1 et seq. (Back)
Chapter 26 - PLANNING [29]
(29)
Cross reference— Administration, ch. 2; buildings and building regulations, ch. 8; environment, ch. 14; floods,
ch. 18; land divisions and subdivision regulations, ch. 20; streets, sidewalks and other public places, ch. 30;
utilities, ch. 36; waterways, ch. 38; zoning, ch. 40.
ARTICLE II. - PLANNING COMMISSION
(29)
State Law reference— Township planning, MCL 125.321 et seq.; municipal planning, MCL 125.31 et seq. (Back)
Page 100 of 415
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ARTICLE II. - PLANNING COMMISSION [30]
(30)
Editor's note— Ord. No. 2009-04, § 1, adopted July 1, 2009, amended Art. II in its entirety to read as herein
set out. Former Art. II, §§ 26-26—26-28, pertained to the same subject matter, and derived from Res. of
2-19-1975, §§ 1, 3, 4.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
26-26. - Scope, purpose and intent.
26-27. - Establishment.
26-28. - Appointments and terms.
26-29. - Removal.
26-30. - Conflict of interest.
26-31. - Compensation.
26-32. - Officers and committees
26-33. - Bylaws, meetings and records.
26-34. - Annual report.
26-35. - Authority to make a master plan.
26-36. - Zoning powers.
26-37. - Capital improvements program.
26-38. - Subdivision and land division recommendations.
Sec. 26-26. - Scope, purpose and intent.
This article is adopted pursuant to the authority granted the township board under the Michigan
Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et seq., and the Michigan Zoning
Enabling Act, Public Act 110 of 2006, MCL 125.3101 et seq., to establish a township planning
commission.
The purpose of this article is to provide that the township board shall confirm the establishment under
the Michigan Planning Enabling Act; to establish the appointments, terms and memberships of the
planning commission; to identify the officers and the minimum number of meetings per year of the
planning commission; and to prescribe the authority, powers and duties of the planning commission.
(Ord. No. 2009-04, § 1, 7-1-2009)
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Sec. 26-27. - Establishment.
The planning commission shall have seven members. Members of the planning commission as of the
effective date of this article shall, except for an ex officio member whose remaining term on the
planning commission shall be limited to that member's term on the township board, continue to serve
for the remainder of their existing terms so long as they continue to meet all of the eligibility
requirements.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-28. - Appointments and terms.
The township supervisor, with the approval of the township board by a majority vote of the members
elected and serving, shall appoint all planning commission members, including the ex officio member.
Also states length of term and qualifications for appointment.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-29. - Removal.
The township board may remove a member of the planning commission for misfeasance, malfeasance,
or nonfeasance in office upon written charges and after a public hearing.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-30. - Conflict of interest.
Before casting a vote on a matter on which a planning commission member may reasonably be
considered to have a conflict of interest, the member shall disclose the potential conflict of interest to
the planning commission. Failure of a member to disclose a potential conflict of interest as required by
this article constitutes malfeasance in office.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-31. - Compensation.
The planning commission members may be compensated for their services as provided by township
board resolution.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-32. - Officers and committees
The planning commission shall elect a chairperson and a secretary from its members, and may create
and fill other offices as it considers advisable.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-33. - Bylaws, meetings and records.
The planning commission shall adopt bylaws for the transaction of business, hold at least four meetings
per year, keep a public record of meetings, etc.
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(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-34. - Annual report.
The planning commission shall make an annual written report to the township board concerning its
operations and the status of the planning activities, including recommendations regarding actions by
the township board related to planning and development.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-35. - Authority to make a master plan.
Under the authority of the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801 et
seq., and other applicable planning statutes, the planning commission shall make a master plan as a
guide for development within the township's planning jurisdiction.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-36. - Zoning powers.
The township board confirms the transfer of all powers, duties, and responsibilities provided for zoning
boards or zoning commissions by the former Township Zoning Act, Public Act 184 of 1943, MCL
125.271 et seq.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-37. - Capital improvements program.
To further the desirable future development of the township under the master plan, the township board,
after the master plan is adopted, shall prepare or cause to be prepared by the township supervisor or
by a designated nonelected administrative official, a capital improvements program of public structures
and improvements, showing those structures and improvements in general order of their priority, for the
following six year period.
(Ord. No. 2009-04, § 1, 7-1-2009)
Sec. 26-38. - Subdivision and land division recommendations.
The planning commission may recommend to the township board provisions of an ordinance or rules
governing the subdivision of land.
The planning commission shall review and make recommendations on a proposed plat before action is
taken by the township board under the Land Division Act, Public Act 288 of 1967, MCL 560.101 et seq.
(Ord. No. 2009-04, § 1, 7-1-2009)
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Chapter 28 - SOLID WASTE [31]
(31)
Cross reference— Buildings and building regulations, ch. 8; environment, ch. 14; utilities, ch. 36; litter, §
40-644.
ARTICLE II. - COLLECTION AND DISPOSAL
(31)
State Law reference— Garbage disposal act, MCL 123.361 et seq.; solid waste facilities, MCL 324.4301 et seq.;
hazardous waste management act, MCL 324.11101 et seq.; hazardous materials transportation act, MCL 29.417 et
seq.; solid waste management act, MCL 324.11501 et seq.; waste reduction assistance act, MCL 324.14501 et seq.;
clean Michigan fund act, MCL 324.19101 et seq.; low-level radioactive waste authority act, MCL 333.26201 et seq.
(Back)
ARTICLE II. - COLLECTION AND DISPOSAL
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
28-27. - Accumulations.
28-28. - Disposal of Garbage.
28-29. - Transportation.
28-30. - Disposal of Refuse other than Garbage.
28-31. - Permits.
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Collector means an individual, partnership, firm, association, or corporation that collects Refuse from
more than two dwellings, other than those occupied by the collector, and/or from one or more
establishments. This does not restrict an individual from disposing of the individual's own Garbage
when done so as not to create either a nuisance or a menace to health.
Dumping Site means any approved area where Refuse from dwellings or establishments is deposited.
Garbage includes all food wastes, including vegetable and animal.
Nuisance means anything which is injurious to health, offensive to the senses, obstructs the reasonable
and comfortable use of property, or causes inconvenience or discomfort to the community or
neighborhood.
Refuse includes Garbage, rubbish, sweepings, and industrial wastes which are not water carried.
(Ord. No. 3, § 1, 4-19-1956)
Sec. 28-27. - Accumulations.
Garbage cans shall be covered and not filled to overflowing or permitted to become foul smelling or a
breeding place for flies. Garbage containers for other than bulk accumulations shall be galvanized
metal containers, in good repair, leakproof, rodentproof, and free from holes.
(Ord. No. 3, § 2, 4-19-1956)
Sec. 28-28. - Disposal of Garbage.
(a) No Garbage shall be disposed of in a manner which shall create either a Nuisance or a menace to
health. The disposal of Garbage on any ground surface or within 200 yards of a public gathering place
or into a lake, stream, or any other body of water is prohibited.
(b)
Garbage Collectors shall dispose of Garbage by one of the following methods:
(1) Collectors shall utilize a supervised and sanitary landfill operated in such a manner as to
prevent rat infestation and Nuisance conditions.
(2) Commercial size incinerators may be used if they are under the direction or supervision of
some responsible individual qualified by training and experience to operate such incinerator
equipment. Such commercial incinerators shall not be installed prior to the acceptance of such
proposal by the township board, which shall first determine that the operation of the incinerator
can be accomplished without creation of a Nuisance.
(3) The township board may issue permits for Garbage disposal Collectors or Dumping Sites
where other than the methods of disposal in subsections (b)(1) and (2) of this section are
proposed, provided that the applicant in the applicant's written proposal does give adequate and
reasonable assurance that flies and rodents and odors will be controlled and that no public
Nuisance will be created. The proposed methods for controlling vermin and Nuisance conditions
shall be detailed in the letter of application. After review by the township sanitarians, their
recommendations along with the application will be transmitted to the township board for granting
or disapproval of a special permit. Such special permits will be of a temporary nature subject to
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review at any time after issuance to determine that flies, rodents, and odors are being controlled.
(4) Nothing in this subsection shall be construed to prevent the disposal of Garbage by Garbage
grinding methods and final disposal by adequate sewage treatment methods, providing a sewage
treatment plant designed for the purpose of handling Garbage is made available.
(Ord. No. 3, § 3, 4-19-1956)
Sec. 28-29. - Transportation.
(a) Vehicles used in the transportation of Refuse shall be constructed and maintained so that no
portion of the contents therefrom shall be deposited on any public highway. The vehicle shall be kept
clean and all Garbage receptacles covered while in transit.
(b) During the fly-breeding season, all such vehicles used to transport Garbage shall be treated in a
manner and at intervals indicated by the township board for the control of flies.
(Ord. No. 3, § 4, 4-19-1956)
Cross reference— Traffic and vehicles, ch. 34.
Sec. 28-30. - Disposal of Refuse other than Garbage.
(a)
All Refuse shall be disposed of by one of the following methods:
(1) Commercial Collectors shall arrange for Refuse disposal in a sanitary landfill or supervised
dump operated in such a manner as to prevent rat infestations and Nuisance conditions.
(b)
(2)
Burning of combustible material is permitted in incinerators approved by the township board.
(3)
Other methods are permitted that are specifically approved by the township board.
Dead animals shall not be disposed of in a dump.
(Ord. No. 3, § 5, 4-19-1956)
Sec. 28-31. - Permits.
(a)
All Collectors of Refuse shall obtain permits from the township board.
(b) Before any owner or lessee or property shall allow any part thereof to be used as a Dumping Site
for Refuse, such owner or lessee shall obtain a permit from the township board. The location of any
proposed area to be used as a Dumping Site must be in compliance with this article.
(c) These permits shall be issued annually, and the township board may make a charge for a
Collector and for a Dumping Site as established by resolution of the township board from time to time to
defray processing and inspection costs.
(d) Upon recommendations of the enforcing officer, permits may be revoked by the township board
when any violation of this article is found.
(Ord. No. 3, § 6, 4-19-1956)
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Chapter 30 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES [32]
(32)
Cross reference— Any ordinance levying or imposing any special assessments saved from repeal, §
1-11(a)(10); any ordinance dedicating, establishing, naming, locating, relocating, opening, paving, widening,
repairing or vacating any street, sidewalk or alley saved from repeal, § 1-11(a)(11); any ordinance establishing the
grade of any street, sidewalk or alley saved from repeal, § 1-11(a)(12); buildings and building regulations, ch. 8;
environment, ch. 14; floods, ch. 18; land divisions and subdivision regulations, ch. 20; design standards for streets
in subdivisions, § 20-156; design standards for street requirements in subdivisions, § 20-157; planning, ch. 26;
telecommunications, ch. 32; traffic and vehicles, ch. 34; utilities, ch. 36; waterways, ch. 38; zoning, ch. 40; moving
of buildings, § 40-639; franchises, app. A.
ARTICLE II. - USE OF TOWNSHIP PROPERTIES
ARTICLE II. - USE OF TOWNSHIP PROPERTIES
Sec. 30-26. - Compliance required.
Sec. 30-27. - Rules and regulations.
Sec. 30-26. - Compliance required.
No person shall use or be upon any township properties contrary to any applicable local, county, state
or federal rules, regulations, ordinances or statutes.
Page 107 of 415
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(Ord. No. 70, § 1, 9-3-1997)
Specific rules and regulations imposed by the township applicable to use of township properties are as
follows:
(1) Such properties shall be open to the public between 9:00 a.m. and sunset. Buildings shall be
open as scheduled for public use.
(2)
No alcoholic liquor or controlled substance shall be possessed, consumed or used.
(3) No motorized vehicles, including minibikes, or horses shall be permitted on such properties
otherwise than on designated driveway and/or parking lot areas.
(4) No open fires shall be permitted, and fires for cooking shall be allowed only on provided
stoves or grills.
(5)
No camping or other overnight use or occupancy of such properties is permitted.
(6) Refuse shall be placed in provided trash containers and only refuse or trash generated on
site shall be placed in such containers.
(7) Lands adjoining such properties shall not be entered without express permission of the
owner or occupant thereof.
(8) Children under the age of five years and persons requiring attention or assistance due to age
or physical or mental disability shall be appropriately supervised.
(9)
No hunting and/or trapping is permitted.
(10) Pets shall be on a leash not exceeding eight feet in length or confined.
(11) No sales or other commercial activities shall be conducted thereon or therefrom except by
charitable or fraternal organizations with permission of the park and recreation commission for
parks or the township clerk for properties other than parks.
(Ord. No. 70, § 2, 9-3-1997)
by this article and shall be a municipal civil infraction as defined by chapter 22, article II, pertaining to
municipal civil infractions. The terms, provisions, procedures, contents, fines, penalties, sanctions and
relief in chapter 22, article II, shall apply to all complaints and violations of this article.
(Ord. No. 70, § 3, 9-3-1997)
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Chapter 32 - TELECOMMUNICATIONS [33]
(33)
Cross reference— Businesses, ch. 10; streets, sidewalks and other public places, ch. 30; utilities, ch. 36;
wireless communications towers and antennas, § 40-976 et seq.
ARTICLE II. - CABLE TELEVISION
(33)
State constitution reference— Township control of highways, franchises, Mich. Const. art. 7, § 29.
(33)
State Law reference— Michigan telecommunications act, MCL 484.2101 et seq. (Back)
ARTICLE II. - CABLE TELEVISION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
32-27. - Purpose; interpretation.
32-28. - Rate regulations promulgated by Federal Communications Commission.
32-29. - Filing; additional information; burden of proof.
32-30. - Proprietary information; confidentiality.
32-31. - Public notice of initial review of rates.
32-32. - Tolling order.
32-33. - Public notice of hearing on Basic Cable Service rates following tolling of 30-day deadline.
32-34. - Staff or consultant report; written response.
32-35. - Rate decisions and orders.
32-36. - Refunds.
32-37. - Written decisions.
32-38. - Rules and regulations.
32-39. - Failure to give notice.
32-40. - Additional hearings.
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Sec. 32-41. - Additional powers.
Sec. 32-42. - Failure to comply; remedies.
(a) The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Act means the Communications Act of 1934, as amended, and specifically as amended by the Cable
Television Consumer Protection and Competition Act of 1992, PL 102-385.
Associated Equipment means all equipment and services subject to regulation pursuant to 47 CFR
76.923.
Basic Cable Service means basic service, as defined in the Federal Communications Commission
Rules, and any other cable television service which is subject to rate regulation by the township
pursuant to the Act and the Federal Communications Commission Rules.
Federal Communications Commission Rules means all rules of the Federal Communications
Commission (FCC) promulgated from time to time pursuant to the Act.
Increase, in rates, means an Increase in rates or a decrease in programming or customer services as
provided in the Federal Communications Commission Rules.
(b) All other words and phrases used in this article shall have the same meaning as defined in the Act
and Federal Communications Commission Rules.
(Ord. No. 48, § 1, 9-15-1993)
Sec. 32-27. - Purpose; interpretation.
(a)
The purpose of this article is to:
(1) Adopt regulations consistent with the Act and the Federal Communications Commission
Rules with respect to Basic Cable Service rate regulation; and
(2) Prescribe procedures to provide a reasonable opportunity for consideration of the views of
interested parties in connection with Basic Cable Service rate regulation by the township.
(b) This article shall be implemented and interpreted consistent with the Act and Federal
Communications Commission Rules.
(Ord. No. 48, § 2, 9-15-1993)
Sec. 32-28. - Rate regulations promulgated by Federal Communications Commission.
In connection with the regulation of rates for Basic Cable Service and Associated Equipment, the
township shall follow all Federal Communications Commission Rules.
(Ord. No. 48, § 3, 9-15-1993)
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Sec. 32-29. - Filing; additional information; burden of proof.
(a) A cable operator shall submit its schedule of rates for the basic service tier and Associated
Equipment or a proposed Increase in such rates in accordance with the Act and the Federal
Communications Commission Rules. The cable operator shall include as part of its submission such
information as is necessary to show that its schedule of rates or its proposed Increase in rates complies
with the Act and the Federal Communications Commission Rules. The cable operator shall file ten
copies of the schedule or proposed Increase with the township clerk. For purposes of this article, the
filing of the cable operator shall be deemed to have been made when at least ten copies have been
received by the township clerk. The township board may, by resolution or otherwise, adopt rules and
regulations as allowed by law prescribing the information, data and calculations which must be included
as part of the cable operator's filing of the schedule of rates or a proposed Increase.
(b) In addition to information and data required by rules and regulations of the township pursuant to
subsection (a) of this section, a cable operator shall provide all information requested by the township
supervisor that is related and helpful in connection with the township's review and regulation of existing
rates for the basic service tier and Associated Equipment or a proposed Increase in these rates. The
township supervisor may establish reasonable deadlines for submission of the requested information,
and the cable operator shall comply with such deadlines.
(c) A cable operator has the burden of proving that its schedule of rates for the basic service tier and
Associated Equipment or a proposed Increase in such rates complies with the Act and the Federal
Communications Commission Rules, including without limitation 47 USC 543 and 47 CFR 76.922 and
76.923.
(Ord. No. 48, § 4, 9-15-1993)
Sec. 32-30. - Proprietary information; confidentiality.
(a) If this article, any rules or regulations adopted by the township pursuant to section 32-29(a) or any
request for information pursuant to section 32-29(b) requires the production of proprietary information,
the cable operator shall produce the information. However, at the time the allegedly proprietary
information is submitted, a cable operator may request that specific, identified portions of its response
be treated as confidential and withheld from public disclosure. The request must state the reason why
the information should be treated as proprietary and the facts that support those reasons. The request
for confidentiality will be granted if the township determines that the preponderance of the evidence
shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 USC
552 and the State of Michigan Freedom of Information Act. The township shall place in a public file for
inspection any decision that results in information being withheld. If the cable operator requests
confidentiality and the request is denied, where the cable operator is proposing a rate Increase, it may
withdraw the proposal, in which case the allegedly proprietary information will be returned to it or the
cable operator may seek review within five working days of the denial in any appropriate forum.
Release of the information will be stayed pending review.
(b) Any interested party may file a request to inspect material withheld as proprietary with the
township. The township shall weigh the policy considerations favoring nondisclosure against the
reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly
notify the requesting entity and the cable operator that submitted the information as to the disposition of
the request. It may grant, deny or condition a request. The requesting party or the cable operator may
seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed
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pending resolution of any appeal to the extent consistent with applicable state and federal law.
(c) The procedures set forth in this section shall be construed as analogous to and consistent with the
rules of the Federal Communications Commission regarding requests for confidentiality including
without limitation 47 CFR 0.459.
(Ord. No. 48, § 5, 9-15-1993)
Sec. 32-31. - Public notice of initial review of rates.
Upon the filing of ten copies of the schedule of rates or the proposed Increase in rates pursuant to
section 32-29(a), the township clerk shall publish a public notice in a newspaper of general circulation
in the township which shall state that the filing has been received by the township clerk and, except
those parts which may be withheld as proprietary, is available for public inspection and copying, and
interested parties are encouraged to submit written comments on the filing to the township clerk not
later than seven days after the public notice is published. The township clerk shall give notice to the
cable operator of the date, time, and place of the meeting at which the township board shall first
consider the schedule of rates or the proposed Increase. This notice shall be mailed by first class mail
at least three days before the meeting. In addition, if a written staff or consultant's report on the
schedule of rates or the proposed Increase is prepared for consideration of the township board, the
township clerk shall mail a copy of the report by first class mail to the cable operator at least three days
before the meeting at which the township board shall first consider the schedule of rates or the
proposed Increase.
(Ord. No. 48, § 6, 9-15-1993)
Sec. 32-32. - Tolling order.
After a cable operator has filed its existing schedule of rates or a proposed Increase in these rates, the
existing schedule of rates will remain in effect until the proposed Increase in rates will become effective
after 30 days from the date of filing under section 32-29(a) unless the township board or other properly
authorized body or official tolls the 30-day deadline pursuant to 47 CFR 76.933 by issuing a brief
written order, by resolution or otherwise, within 30 days of the date of filing. The township board may
toll the 30-day deadline for an additional 90 days in cases not involving cost-of-service showings and
for an additional 150 days in cases involving cost-of-service showings.
(Ord. No. 48, § 7, 9-15-1993)
Sec. 32-33. - Public notice of hearing on Basic Cable Service rates following tolling of 30-day
deadline.
If a written order has been issued pursuant to section 32-32 and 47 CFR 76.933 to toll the effective
date of existing rates for the basic service tier and Associated Equipment or a proposed Increase in
these rates, the cable operator shall submit to the township any additional information required or
requested pursuant to section 32-29. In addition, the township board shall hold a public hearing to
consider the comments of interested parties within the additional 90-day or 150-day period, as the case
may be. The township clerk shall publish a public notice of the public hearing in a newspaper of general
circulation within the township which shall state:
(1)
The date, time, and place at which the hearing shall be held;
(2)
Interested parties may appear in person, by agent, or by letter at such hearing to submit
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comments on or objections to the existing rates or the proposed Increase in rates; and
(3) Copies of the schedule of rates or the proposed Increase in rates and related information,
except those parts which may be withheld as proprietary, are available for inspection or copying
from the office of the township clerk.
The public notice shall be published not less than 15 days before the hearing. In addition, the township
clerk shall mail by first class mail a copy of the public notice to the cable operator not less than 15 days
before the hearing.
(Ord. No. 48, § 8, 9-15-1993)
Sec. 32-34. - Staff or consultant report; written response.
Following the public hearing as provided in this article, the township supervisor shall prepare a report
for the township board which shall, based on the filing of the cable operator, the comments or
objections of interested parties, information requested from the cable operator and its response, staff or
consultant's review, and other appropriate information, include a recommendation for the decision of
the township board pursuant to section 32-35. The township clerk shall mail a copy of the report to the
cable operator by first class mail not less than 20 days before the township board acts under section
32-35. The cable operator may file a written response to the report with the township clerk. If at least
ten copies of the response are filed by the cable operator with the township clerk within ten days after
the report is mailed to the cable operator, the township clerk shall forward it to the township board.
(Ord. No. 48, § 9, 9-15-1993)
Sec. 32-35. - Rate decisions and orders.
The township board shall issue a written order, by resolution or otherwise, which in whole or in part
approves the existing rates for Basic Cable Service and Associated Equipment or a proposed Increase
in such rates, denies the existing rates or proposed Increase, orders a rate reduction, prescribes a
reasonable rate, allows the existing rates or proposed Increase to become effective subject to refund,
or orders other appropriate relief, in accordance with the Federal Communications Commission Rules.
If the township board issues an order allowing the existing rates or proposed Increase to become
effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to
47 CFR 76.933. The order specified in this section shall be issued within 90 days of the tolling order
under section 32-32 in all cases not involving a cost-of-service showing. The order shall be issued
within 150 days after the tolling order under section 32-32 in all cases involving a cost-of-service
showing.
(Ord. No. 48, § 10, 9-15-1993)
Sec. 32-36. - Refunds.
The township board may order a refund to cable subscribers as provided in 47 CFR 76.942. Before the
township board orders any refund to subscribers, the township clerk shall give at least seven days'
written notice to the cable operator by first class mail of the date, time, and place at which the township
board shall consider issuing a refund order and shall provide an opportunity for the cable operator to
comment. The cable operator may appear in person, by agent, or by letter at such time for the purpose
of submitting comments to the township board.
(Ord. No. 48, § 11, 9-15-1993)
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Sec. 32-37. - Written decisions.
Any order of the township board pursuant to section 32-35 or 32-36 shall be in writing, shall be effective
upon adoption by the township board, and shall be deemed released to the public upon adoption. The
township clerk shall publish a public notice of any such written order in a newspaper of general
circulation within the township which shall summarize the written decision, and state that copies of the
text of the written decision are available for inspection or copying from the office of the township clerk.
In addition, the township clerk shall mail a copy of the text of the written decision to the cable operator
by first class mail.
(Ord. No. 48, § 12, 9-15-1993)
In addition to rules promulgated pursuant to section 32-29, the township board may, by resolution or
otherwise, adopt rules and regulations for Basic Cable Service rate regulation proceedings, including
without limitation the conduct of hearings, consistent with the Act and the Federal Communications
Commission Rules.
(Ord. No. 48, § 13, 9-15-1993)
Sec. 32-39. - Failure to give notice.
The failure of the township clerk to give the notices or to mail copies of reports as required by this
article shall not invalidate the decisions or proceedings of the township board, so long as there is
substantial compliance with this article.
(Ord. No. 48, § 14, 9-15-1993)
Sec. 32-40. - Additional hearings.
In addition to the requirements of this article, the township board may in its sole discretion hold
additional public hearings upon such reasonable notice as the township board shall prescribe.
(Ord. No. 48, § 15, 9-15-1993)
Sec. 32-41. - Additional powers.
The township shall possess all powers conferred by the Act, the Federal Communications Commission
Rules, the cable operator's franchise, and all other applicable law. The powers exercised pursuant to
the Act, the Federal Communications Commission Rules, and this article shall be in addition to powers
conferred by law or otherwise. The township may take any action not prohibited by the Act and the
Federal Communications Commission Rules to protect the public interest in connection with Basic
Cable Service rate regulation.
(Ord. No. 48, § 16, 9-15-1993)
Sec. 32-42. - Failure to comply; remedies.
The township may pursue any and all legal and equitable remedies against the cable operator,
including without limitation all remedies provided under a cable operator's franchise with the township,
for failure to comply with the Act, the Federal Communications Commission Rules, any orders or
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determinations of the township pursuant to this article, any requirements of this article, or any rules or
regulations promulgated under this article. Subject to applicable law, failure to comply with the Act, the
Federal Communications Commission Rules, any orders or determinations of the township pursuant to
this article, any requirements of this article, or any rules and regulations promulgated under this article
shall also be sufficient grounds for revocation or denial of renewal of a cable operator's franchise.
(Ord. No. 48, § 17, 9-15-1993)
Chapter 34 - TRAFFIC AND VEHICLES [34]
(34)
Cross reference— Storage of dismantled or inoperable motor vehicles, § 14-26 et seq.; law enforcement, ch.
22; transportation of solid waste, § 28-29; streets, sidewalks and other public places, ch. 30.
Sec. 34-1. - Adoption of Michigan vehicle code.
Sec. 34-2. - References in Michigan vehicle code.
Sec. 34-3. - Violations; penalties and enforcement.
Sec. 34-1. - Adoption of Michigan vehicle code.
There is hereby adopted by reference the Michigan vehicle code, Public Act No. 300 of 1949 (MCL
257.1 et seq.).
State law reference— Authority to adopt Michigan vehicle code by reference, MCL 41.184.
Sec. 34-2. - References in Michigan vehicle code.
References in the Michigan vehicle code to the terms "local authorities," "government" and
"governmental unit" shall mean the township.
Sec. 34-3. - Violations; penalties and enforcement.
(a) Misdemeanor. Any provision of the Michigan vehicle code which describes an act, omission, or
condition which is declared to be a criminal offense shall be processed as a misdemeanor. Unless
some other penalty is expressly provided for by the Michigan vehicle code, any person found guilty of a
misdemeanor under this chapter shall be subject to the imposition of a sentence pursuant to section 1-7
of this Code.
(b)
Civil infraction. Any provision of the Michigan vehicle code which describes an act, omission, or
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condition which is declared to be a civil infraction shall be processed as a municipal civil infraction
subject to enforcement procedures as set forth in chapter 22, article II, pertaining to municipal civil
infractions.
(c) Costs. When any person is found guilty of a criminal violation or responsible for a civil infraction
pursuant to the Michigan vehicle code, the judge or magistrate shall summarily determine and tax the
costs of the action which shall include all expenses, direct and indirect, which the township has incurred
relative to the violation or infraction up to the entry of judgment.
(34)
State Law reference— Michigan vehicle code, MCL 257.1 et seq. (Back)
Chapter 36 - UTILITIES [35]
(35)
Cross reference— Administration, ch. 2; buildings and building regulations, ch. 8; businesses, ch. 10;
environment, ch. 14; floods, ch. 18; land divisions and subdivision regulations, ch. 20; planning, ch. 26; solid
waste, ch. 28; streets, sidewalks and other public places, ch. 30; telecommunications, ch. 32; franchises, app. A.
ARTICLE II. - FRANCHISES
ARTICLE III. - WATER
ARTICLE IV. - SEWER USE
(35)
State Law reference— Local government authority to provide and regulate water and sewer service, MCL 324.4301
et seq.; collection of water or sewerage charges, MCL 123.161 et seq.; sewage disposal, water supply and solid waste
management system, MCL 124.281 et seq.; rates charged for use of public improvement in order to pay bonds, MCL
141.121. (Back)
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ARTICLE II. - FRANCHISES [36]
(36)
Cross reference— Franchises, app. A.
Sec. 36-28. - Franchise or contract required.
The purpose of this article is to regulate the transaction of business by Public Utilities and/or Private
Utilities within the township to protect the public health, safety and general welfare. This article further
regulates the use of Public Streets, Roads, Alleys and Rights-of-Way by Public Utilities and/or Private
Utilities within the township for the location of lines, poles, mains, towers, buildings, structures and
appurtenances in order to protect the public health, safety and general welfare.
(Ord. No. 54, § 2, 5-5-1995)
Any Portion of the Township means any and all land area within the township.
Public Streets, Roads, Alleys and Rights-of-Way includes any public easements and rights-of-way
within the township.
Public Utility and Private Utility include any public or private company, firm, corporation, municipal
corporation or commission, person, or entity offering services, including but not limited to water, sewer,
telephone, cable, electricity, or gas, which is doing business within or through the township and/or using
Any Portion of the Township, including the Public Streets, Roads, Alleys and Rights-of-Way for the
location of any of its lines, poles, mains, towers, buildings, structures and/or appurtenances thereto.
(Ord. No. 54, § 3, 5-5-1995)
Sec. 36-28. - Franchise or contract required.
(a) No Public Utility or Private Utility shall do business within or through the township, nor shall any
Public Utility or Private Utility install, construct, relocate or replace any line, pole, main, tower, building,
structure or right-of-way within the township without first securing the approval and consent, by way of
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franchise or contract, from the township board.
(b) The contract or franchise shall, to the extent not precluded by state law and/or regulations of the
appropriate state agency, cover such matters as the following:
(1)
Rates.
(2)
Metering and billing.
(3)
Definition of service area.
(4)
Availability of service in a nondiscriminatory basis.
(5)
Other related matters.
(c) Any Public Utility or Private Utility seeking such approval and consent shall submit plans showing
the location of the proposed installation, construction or facility; the height, depth and size thereof; and
its proximity to existing improvements and other utility facilities within the same location. The utility shall
also describe the business to be done within or through the township.
(d) No construction or installation shall be permitted which does not comply with the plans and site
location approved by the township board or its duly authorized representative and on file with the
township. Upon completion of the project, certification shall be filed with the township by the supervisor
in charge of the work that the construction did comply with such approved plans and site location or in
what respect the construction differed from the approved plans. The township board shall, as part of the
franchise or contract be notified of any substantial noncompliance.
(e) All work shall be accomplished in a proper and workmanlike manner, and the utility shall be
responsible for any and all injuries or damages resulting from the work during construction and
thereafter. The utility shall further indemnify the township and hold it harmless from any and all such
injuries or damages and any and all liability therefor.
(f) If such construction or installation causes damage to any other facilities, any Portion of the
Township, or any Public Street, Road, Alley or Right-of-Way, the construction or installation shall be
immediately repaired and replaced to a condition equal to or better than that which existed prior to the
damage.
(Ord. No. 54, § 4, 5-5-1995)
ARTICLE III. - WATER
DIVISION 3. - CONNECTIONS
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DIVISION 4. - USE REGULATIONS
DIVISION 5. - RATES AND CHARGES
DIVISION 6. - REVENUES
Sec. 36-56. - Private water supply systems.
Sec. 36-57. - Cross connections.
Sec. 36-56. - Private water supply systems.
(a) Permit required for installation or maintenance. No person shall install or maintain any private
water supply system within the township without first obtaining a permit therefor from the county health
department.
(b) Permit required for interconnection of private and municipal water systems. There shall be no
interconnection between any private water supply system and the municipal water system without first
obtaining a permit therefor from the township. Such permit shall not be issued unless such water supply
system and the associated interconnection equipment meet the requirements of Part 41 of Public Act
No. 451 of 1994 (MCL 324.4101 et seq.), the county health department and the township.
(c) Installation of private wells. Construction of any private well must meet the requirements of Part
127 of Public Act No. 368 of 1978 (MCL 333.12701 et seq.).
(d) Protection from damage. No unauthorized person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is
part of the township water system.
(Ord. No. 72, § 1(art. I, div. A, § 2), 10-14-1997)
Sec. 36-57. - Cross connections.
(a) Applicability of township rules. The township water supply cross connection rules shall apply to
any cross connection in the township. Except as approved by the township, no cross connection shall
be permitted.
(b) Inspections. Inspections shall be made of all properties served by the public water supply where
cross connection with the public water supply is deemed possible. The frequency of inspections and
reinspections based on potential health hazards involved shall be as established by the township and
as approved by the appropriate state agency. Rules governing inspections shall be established by
resolution of the township board.
(c) Right of access for inspection; refusal deemed evidence of cross connections. The township
representative shall have the right to enter at any reasonable time any property served by a connection
to the public water supply system in the township for the purpose of inspecting the piping system
thereof for cross connections. On request, the owner, lessee or occupant of any property so served
shall furnish any pertinent information regarding the piping system on such property. The refusal of
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such information or refusal of access, when requested, shall be deemed evidence of the presence of
cross connections.
(d) Discontinuance of service until elimination of cross connection. The township may discontinue
water service after reasonable notice to any property wherein any connection in violation of this section
exists and may take such other precautionary measures deemed necessary to eliminate any danger of
contamination of the public water supply system. Water service to such property shall not be restored
until the cross connection has been eliminated in compliance with this section.
(e) Protection of potable water supply. The potable water supply made available on the properties
served by the public water supply system shall be protected from possible contamination, as specified
by this section and by the applicable plumbing code. Any water outlet which could be used for potable
or domestic purposes and which is not supplied by the potable system must be labeled in a
conspicuous manner as "water unsafe for drinking."
(f) Section supplementary to state plumbing code. This section does not supersede the state
plumbing code, but is supplementary to it.
(Ord. No. 72, § 1(art. I, div. A, § 3), 10-14-1997)
(37)
[37]
Sec. 36-86. - Administration by township board.
Sec. 36-87. - Deposit required for reestablishing service after disconnection.
Sec. 36-88. - Appeals.
Sec. 36-89. - Interruption of service.
Sec. 36-90. - Service not guaranteed.
Sec. 36-91. - Written notice of violation.
Sec. 36-92. - Violators liable for penalties levied against township.
Secs. 36-93—36-120. - Reserved.
Sec. 36-86. - Administration by township board.
Except as otherwise explicitly provided in this article, administration and operation of the water system
in the township shall be performed by the township board or such agent of the township as is
designated by the township board. The township board shall have authority to hire such employees or
to contract with such persons as it deems necessary and appropriate to act as its agent in the
administration of the township water system.
(Ord. No. 72, § 1(art. I, div. A, § 1), 10-14-1997)
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Sec. 36-87. - Deposit required for reestablishing service after disconnection.
In addition to any other requirements of this article, where water service has been discontinued for
nonpayment of delinquent bills, the township shall have the right to require by resolution that a sum be
placed on deposit with the township for the purpose of establishing or maintaining the customer's credit.
(Ord. No. 72, § 1(art. I, div. D, § 1), 10-14-1997)
Sec. 36-88. - Appeals.
Any person has the right to appeal the basis of any water charges imposed by this article or billed to the
person. Appeals shall be in writing, addressed to the township board. Any such appeal shall be
submitted no more than 30 days after the date of the bill being contested. The township board shall
have the power to adjust a bill or charge if the appellant shows an error in the charge, but in no event
shall any adjustment be retroactive more than three months.
(Ord. No. 72, § 1(art. I, div. D, § 2), 10-14-1997)
Sec. 36-89. - Interruption of service.
The township shall make all reasonable efforts to eliminate interruption of service and when such
interruptions occur shall endeavor to reestablish service with the shortest possible delay. Whenever
service is interrupted for purposes of work on the system, advance notice will be provided where
feasible.
(Ord. No. 72, § 1(art. I, div. D, § 3), 10-14-1997)
Sec. 36-90. - Service not guaranteed.
The township shall have no obligation whatsoever to construct, repair or maintain building water lines
nor shall it have any liability to users for defects in building water lines. Nothing in this article shall be
construed as imposing upon the township any liability to any person for interruptions of service,
regardless of cause.
(Ord. No. 72, § 1(art. I, div. D, § 4), 10-14-1997)
Sec. 36-91. - Written notice of violation.
Any person violating any section of this article may be served with written notice stating the nature of
the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender
shall, within the period of time stated in such notice, permanently cease all violations as determined by
the township. However, proceedings to enforce this article may be commenced without such written
notice.
(Ord. No. 72, § 1(art. III, div. C, § 1), 10-14-1997; Ord. No. 73, § 1, 11-19-1997)
Sec. 36-92. - Violators liable for penalties levied against township.
Any business, industry or person violating any of the sections of this article, which results in fines or
penalties being levied against the township, shall become liable for such fine or penalty, plus any
expenses, loss or damage occasioned by such violation. This fine or penalty shall be levied in addition
to the fine identified in section 1-7.
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(Ord. No. 72, § 1(art. III, div. C, § 3), 10-14-1997; Ord. No. 73, § 1, 11-19-1997)
Secs. 36-93—36-120. - Reserved.
DIVISION 3. - CONNECTIONS
Sec. 36-121. - Permit to connect to municipal water system.
Sec. 36-122. - Costs borne by owner.
Sec. 36-123. - Installation and pipe and meter specifications.
Sec. 36-124. - Disconnection.
Sec. 36-125. - Fee.
Secs. 36-126—36-150. - Reserved.
Sec. 36-121. - Permit to connect to municipal water system.
Permits for connection to the municipal water system shall be issued by such person as shall be
designated by the township board. Such permit shall not be issued until all assessments due and the
charge for water connections have been paid as provided for in this article and until the township has
determined that there is capacity available in the system.
(Ord. No. 72, § 1(art. I, div. C, § 1(a)), 10-14-1997)
Sec. 36-122. - Costs borne by owner.
All costs and expenses incidental to the installation and connection of the building water line shall be
borne by the owner.
(Ord. No. 72, § 1(art. I, div. C, § 1(b)), 10-14-1997)
Sec. 36-123. - Installation and pipe and meter specifications.
The building water line shall be constructed using methods and types of pipe and meters meeting the
written requirements of the township and the terms of connection.
(Ord. No. 72, § 1(art. I, div. C, § 1(c)), 10-14-1997)
Sec. 36-124. - Disconnection.
Water service may be disconnected for any violation of any section of this article.
(Ord. No. 72, § 1(art. I, div. C, § 1(d)), 10-14-1997)
Sec. 36-125. - Fee.
(a) Required. Prior to connection to the water system, every user shall pay a connection fee as
established by rule and township board resolution from time to time. Connection fees for water service
are established to impose on users the proportionate share of system costs, including capacity costs.
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(b) Installment payments. The township, by resolution, may authorize payment of connection fees
over time in installments. No such installment payment agreement shall have a term of more than 20
years. Interest at one percent more than the average rate of interest on bonds payable by the township
for water or eight percent per annum if no bonds have been issued shall be due and payable on the
unpaid balance each year.
(c) Enforcement. The connection fee and all charges for services are made a lien on all property
served thereby. Whenever any such charge against any piece of property shall be delinquent for six
months, the official in charge of the collection thereof shall certify annually on August 1 of each year to
the township tax assessing officer the facts of such delinquency, whereupon such charge including
penalties shall be entered by the township tax assessing officer upon the next tax roll as a charge
against such property and shall be collected and the lien thereof enforced in the same manner as
general township taxes are collected and the lien thereof enforced. However, where notice is given in
writing that a tenant is responsible for such charges and service as provided by section 21 of Public Act
No. 94 of 1933 (MCL 141.121), no further service shall be rendered such property until a cash deposit
equal to six months' service charges shall have been made as security for payment of such charges
and service. In addition to the foregoing, the township shall reserve the right to shut off service to any
property for which charges are more than three months delinquent, and such service shall not be
reestablished until all delinquent charges and penalties and turn-on charge, to be specified by
resolution of the township, have been paid. Further, such charges and penalties may be recovered by
the township by court action, together with such attorney fees and costs as authorized by law.
(Ord. No. 72, § 1(art. I, div. C, § 2), 10-14-1997)
Secs. 36-126—36-150. - Reserved.
DIVISION 4. - USE REGULATIONS
Sec. 36-152. - Service connections, pipes, valves, waste cocks, connection revenue.
Sec. 36-153. - Meters.
Sec. 36-154. - Use of water.
Sec. 36-155. - Notice of shutting off supply.
Sec. 36-156. - Resolution to restrict or regulate use.
Secs. 36-157—36-185. - Reserved.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Its Agent and Township's Agent mean the Kalamazoo Lake Sewer and Water Authority or such other
entity which the township shall designate by resolution to operate and maintain the System.
System means the township water System, including all plants, works, instrumentalities and properties
used or useful in connection with the obtaining of a water supply, the treatment of water and/or the
distribution of water by the township. The term "System" does not include any such plants, works,
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instrumentation or properties owned by other municipal bodies which are located within the township
unless agreed to by contract or franchise with the township board.
(Ord. No. 73, § II(art. II, div. A), 11-19-1997)
Sec. 36-152. - Service connections, pipes, valves, waste cocks, connection revenue.
(a) In the corporation cock, the service pipe from the main to the curbstop valve, the curbstop valve
and the curb box will be provided in place and maintained by the township or Its Agent after payment of
the appropriate connection charge. The service pipe from the curbstop box to the building on private
property shall be installed and properly maintained by the owner. The customer shall keep the stop box
free from obstruction that would prevent access to the valve by approved personnel.
(b) No person shall interfere in any way with service pipes installed by or for the township. No person
shall turn water on or off at the curbstop valve except township agents or employees or persons under
their direction.
(c) For water service installations, all services through two inches shall be type K copper, annealed,
seamless, ASTM B-88.
(Ord. No. 73, § II(art. II, div. B), 11-19-1997; Ord. No. 89, 3-7-2001)
Sec. 36-153. - Meters.
(a) All premises using water shall be metered, and payment shall be made for water at rates
established by township resolution.
(b) Meters shall be furnished by the township or Its Agent, shall remain the property of the provider,
and will, at all times, be under the control of the township or Its Agent.
(c) For ordinary domestic consumption a five-eighths-inch by three-fourths-inch meter will be
furnished. When application is made for a larger meter, the township or Its Agent shall determine
whether a meter of such size is required. Meters up to and including one inch will be provided. Where a
larger meter is required, special arrangements must be made between the township and the customer.
All meters shall be paid for by the customer.
(d)
Wherever possible meters shall be set below grade line in a cellar or basement.
(e) Meters shall be sealed by the township or Its Agent, and no one, except an authorized employee
of the township or Its Agent, may break or injure such seals. No person, except an authorized township
employee or agent, may alter the position of, change the location of, or interfere with a meter in any
way.
(f) All meters shall be set horizontally in dry, clean, sanitary places, perfectly accessible with valves
on both sides, and where a small leak or the spilling of water will do no damage.
(g) Where replacements, repairs, or adjustments of a meter are made necessary by the act of
negligence or carelessness of the owner or occupant of the premises, the expense shall be charged to
and collected from the owner of the premises. If the owner or occupant fails to pay these charges, the
charges shall be added to and become part of the water bill.
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(h) The owner or occupant of the premises where a meter is installed shall be held responsible for its
care and protection from freezing. If damage to the meter occurs or in case of its stoppage or imperfect
operation, the owner or occupant shall give immediate notice to the township or Its Agent. All water
furnished by the township must pass through a meter. No bypass around any meter shall be permitted
except by express permission of the township. Any such bypass permitted by the township shall be
sealed by the township or Its Agent and only broken under the stress of extreme emergency.
(i) The accuracy of the meter on any premises will be tested by the township or Its Agent upon
request of the consumer. If on such test the meter shall over register by five percent or more, another
meter shall be installed, and the customer bill shall be adjusted in a just and fair manner. If, however,
the meter shall test correctly, the customer shall pay the township or Its Agent for the costs incurred.
(Ord. No. 73, § II(art. II, div. C), 11-19-1997)
Sec. 36-154. - Use of water.
(a)
Each and every house shall have a single water service connection.
(b) Each and every separate building used for business purposes shall have a separate service
connection.
(c) All buildings divided into separate business places and/or separate family dwellings or apartments
may have one meter to cover the entire building. Where two or more units are served by one meter, the
bill for water shall be sent to the owner of the property.
(d) No connection through which water may pass from one property to another shall be constructed,
though ownership of both properties may be the same. Water may be connected with the consumer's
garage or outbuilding on the same lot.
(e) Where water has been turned off by the township or Its Agent for any reason, no person, except
township employees or agents may turn it on again.
(f)
No high pressure steam boiler shall be directly connected to the service pipe.
(g) The township or Its Agent and its authorized employees shall have free access at all reasonable
hours to inspect any premises supplied with water. If any authorized employee is refused admittance or
is in any way hindered in making the necessary inspection or examination, the water service may be
turned off from such premises after giving 24 hours' notice to the owner, the owner's agent, or tenant.
(h) Fire hydrants may be used by fire district personnel, township employees or agents, or by persons
specifically authorized by the township. No person shall in any manner obstruct or prevent free access
to any fire hydrant.
(i) Replacement of obsolete water services from the main to the property line shall be the
responsibility of the township. The township will provide labor and equipment at no cost to the
customer. The customer shall pay for the cost of material and any outside services required to
complete the replacement.
(Ord. No. 73, § II(art. II, div. D), 11-19-1997)
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Sec. 36-155. - Notice of shutting off supply.
Should it become necessary to shut water off from any section of the System because of an accident or
for the purpose of making repairs or extensions, the township will endeavor to give timely notice to
affected customers. Failure to give such notice shall not render the township or Its Agent responsible or
liable for damage, injury or loss which may result therefrom. Neither the township nor Its Agent shall be
liable, under any circumstance, for a deficiency or failure in the supply of water. Each user who shall
accept service is subject to the regulations imposed by this article.
(Ord. No. 73, § II(art. II, div. E, § 1), 11-19-1997)
Sec. 36-156. - Resolution to restrict or regulate use.
The township board may, by resolution, restrict or otherwise regulate the use of water within the
System. Notice of such resolution shall be published in any newspaper of general circulation within the
township service area at least 24 hours before such restrictions in the use of water become effective.
Should an emergency occur which would require immediate action, the township supervisor shall have
the authority to take such action as deemed necessary and in the best interest of the citizens of the
service area.
(Ord. No. 73, § II(art. II, div. E, § 2), 11-19-1997)
Secs. 36-157—36-185. - Reserved.
DIVISION 5. - RATES AND CHARGES
Sec. 36-186. - Water standby charge.
Sec. 36-187. - Capital charges.
Sec. 36-188. - Usage charges.
Sec. 36-189. - Billing.
Sec. 36-190. - Hardship applications.
Secs. 36-191—36-215. - Reserved.
Sec. 36-186. - Water standby charge.
The water standby charge is based on the size of the water meter used or installed, is the minimum
charge, is payable in advance, and is additional to the charge for water system use. Such charge is
made whether or not the water meter is turned off. Such charges shall be as established by rule and
township board resolution from time to time.
(Ord. No. 72, § 1(art. I, div. B, § 1), 10-14-1997)
Sec. 36-187. - Capital charges.
In addition to the standby charge for water as provided in section 36-186 and the capital charge for
water as provided in section 36-187, there shall be a capital charge which shall be a monthly charge
per residence or equivalent. Such charge is imposed whether or not the water meter is turned off. The
capital charge shall be billed as part of the bill for service rendered to all customers in the township and
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shall be as established by rule and township board resolution from time to time.
(Ord. No. 72, § 1(art. I, div. B, § 2), 10-14-1997)
Sec. 36-188. - Usage charges.
In addition to the standby charge for water as provided in section 36-186 and the capital charge for
water as provided in section 36-187, there shall be a usage charge which is based solely on the
amount of water which is registered on the water meter each billing month. This rate shall be as
established by rule and township board resolution from time to time.
(Ord. No. 72, § 1(art. I, div. B, § 3), 10-14-1997)
Sec. 36-189. - Billing.
Bills for water service shall be rendered by the township to all customers in the township monthly or no
less frequently than quarterly. Bills shall be due and payable as stated thereon. Upon failure of any
customer to pay a bill when due, the bill shall be subject to a delinquency charge as established by rule
and township board resolution from time to time.
(Ord. No. 72, § 1(art. I, div. B, § 4), 10-14-1997)
Sec. 36-190. - Hardship applications.
The owner of a single-family residence in which residence the owner resides and upon which a water
connection charge has been imposed may submit a hardship application to the township board seeking
a deferment in the partial or total payment of the connection fee provided for in this article, based upon
a showing of financial hardship, subject to and in accordance with the following:
(1) The owner of the premises shall, under oath, complete a hardship application provided by the
township and file the application, together with all other information and documentation reasonably
required by the township, with the township board not less than 60 days prior to the due date of
the annual installment of such charge. Any such deferment shall be for the current annual
installment only. An application shall be completed and filed by each and every legal and equitable
interest holder in the premises, excepting financial institutions having security interests in the
premises.
(2) Hardship applications shall be reviewed by the township board. After due deliberation of
hardship applications, the township board shall determine, in each case, whether there has been
an adequate showing of financial hardship and shall forthwith notify the applicants of the
determination.
(3) An applicant aggrieved by the determination of the township board may request the
opportunity to appear before the township board in person for the purpose of showing hardship
and presenting any argument or additional evidence. A denial of hardship following such a
personal appearance before the township board shall be final and conclusive.
(4) If the township board makes a finding of hardship, the township board shall fix the amount of
partial or total deferment of the charge so imposed and, in doing so, shall require an annual filing
of financial status by each applicant, providing that upon a material change of financial status of
an applicant, the applicant shall immediately notify the township clerk so that a further review of
the matter may be made by the township board and provided, further, that the duration of the
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deferment granted shall be self-terminating upon the occurrence of any one of the following
events:
a. A change in the financial status of any applicant which removes the basis for financial
hardship.
b. A conveyance of any interest in the premises by any of the applicants, including
execution of a new security interest in the premises or extension thereof.
c.
A death of any of the applicants.
(5) Upon a determination of the township board deferring all or part of the charges imposed, the
owner of the premises shall, within one month after such determination, execute and deliver to the
township as the secured party a recordable security instrument covering the premises and such
other documents deemed necessary to secure the payment guaranteeing payment of an amount
necessary to cover all fees and charges deferred and all costs of installation and connection, if
applicable, the consideration for such security interest being the grant of deferment pursuant to
this article.
(Ord. No. 72, § 1(art. III, div. B, § 1), 10-14-1997; Ord. No. 73, § I, 11-19-1997)
Secs. 36-191—36-215. - Reserved.
DIVISION 6. - REVENUES
Sec. 36-216. - Depository funds.
Sec. 36-217. - Surplus monies.
Sec. 36-218. - Bank accounts.
Sec. 36-219. - Transfer of funds.
Sec. 36-220. - Investment of monies.
Secs. 36-221—36-250. - Reserved.
Sec. 36-216. - Depository funds.
(a) Generally. The revenues of the water system, excluding collections of special assessments for the
system, shall be set aside as collected and deposited in a separate depository account in a bank duly
qualified to do business in the state, in an account to be designated "water system receiving fund"
(referred to as the "receiving fund"). Such revenues so deposited shall be transferred from the receiving
fund periodically in the manner and at the times specified in this section. Collections of special
assessments for the system shall not be deposited in the receiving fund or the operation and
maintenance fund but shall be deposited in the contract payment fund.
(b) Operation and maintenance fund. Out of the revenues in the receiving fund there shall be first set
aside quarterly into a depository account, designated the "operation and maintenance fund," a sum
sufficient to provide for the payment of the next quarter's current expenses of administration and
operation of the system and such current expenses for the maintenance thereof as may be necessary
to preserve the system in good repair and working order.
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(c) Contract payment fund. There shall next be established and maintained a depository account, to
be designated the "contract payment fund," which shall be used solely for the payment of the township
obligations to the county or other obligor pursuant to the contracts for payment of bonds issued to
finance the costs of system facilities. There shall be deposited in such fund the collections of special
assessments imposed by the township to defray part of the costs of system improvements which were
financed by such bonds issued by the county or other obligor, to the extent necessary to meet contract
obligations, connection charges received by the authority for connections to the system improvements
and capacity costs which were financed by such bonds. Should the connection charge revenues from
connection within the township, together with the township's special assessment collections, prove
insufficient to pay the township's contractual obligations when due, such revenues may be
supplemented by any other funds of the township legally available for that purpose.
(d) Replacement fund. There shall next be established and maintained a depository account,
designated the "replacement fund," which shall be used solely for the purpose of making major repairs
and replacements to the system as needed. There shall be set aside into such fund, after provision has
been made for the operation and maintenance fund and the contract payment fund, such revenues as
the township shall deem necessary for this purpose.
(e) Improvement fund. There shall next be established and maintained an improvement fund for the
purpose of making improvements, extensions and enlargements to the system. There shall be
deposited into such fund, after providing for the other funds in this section, such revenues as the
township shall determine.
(Ord. No. 72, § 1(art. III, div. A, § 1), 10-14-1997; Ord. No. 73, § I, 11-19-1997)
Sec. 36-217. - Surplus monies.
Monies remaining in the receiving fund established in subsection 36-216 (a) at the end of any operating
year, after full satisfaction of the requirements of the funds in section 36-216 (a), may, at the option of
the township be transferred to the improvement fund or used in connection with any other project
reasonably related to purposes of the system.
Sec. 36-218. - Bank accounts.
All monies belonging to any of the funds or accounts established in this division may be kept in one
bank account, in which event the monies shall be allocated on the books and records of the township
within this single bank account, in the manner set forth in this division.
Sec. 36-219. - Transfer of funds.
If monies in the receiving fund established in this division are insufficient to provide for the current
requirements of the operation and maintenance fund, any monies and/or securities in other funds of the
system, except sums in the contract payment fund derived from tax levies, shall be transferred to the
operation and maintenance fund, to the extent of any deficit therein.
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Sec. 36-220. - Investment of monies.
Monies in any fund or account established by this article may be invested in obligations of the United
States of America in the manner and subject to the limitations provided in Public Act No. 94 of 1933
(MCL 141.101 et seq.). If such investments are made, the securities representing the investments shall
be kept on deposit with the bank or trust company having on deposit the fund from which such
purchase was made. Income received from such investments shall be credited to the fund from which
such investments were made.
Secs. 36-221—36-250. - Reserved.
ARTICLE IV. - SEWER USE
DIVISION 2. - USE OF PUBLIC SEWERS
DIVISION 3. - PRIVATE WASTEWATER DISPOSAL
DIVISION 4. - BUILDING SEWERS AND CONNECTIONS
DIVISION 5. - POWERS, AUTHORITY AND ENFORCEMENT
DIVISION 6. - CONDITIONS OF SERVICE
Sec. 36-253. - Protection from damage.
Secs. 36-255—36-280. - Reserved.
The purposes of this article are to:
(1) Establish uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system and to enable the Authority to comply with applicable state and
federal laws and the General Pretreatment Regulations (40 CFR 403);
(2)
Prevent the introduction of pollutants into the wastewater system which will:
a.
Interfere with the operation of the system;
b.
Cause the treatment plant to violate its NPDES Discharge Permits;
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c.
Contaminate the sludge;
d.
Pass through the system, inadequately treated, into receiving waters or the atmosphere;
e.
Pose a health threat to sewer workers; or
f.
Be otherwise incompatible with the system.
(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
and
(4)
Provide for equitable distribution of the cost of the municipal wastewater system.
(Ord. No. 2002-01, 6-5-2002)
Authority means the Kalamazoo Lake Sewer and Water Authority (sometimes referred to as "KLSWA"),
its Manager and authorized representatives.
Authority Manager means the Kalamazoo Lake Sewer and Water Authority Manager.
Available Public Sanitary Sewer System means a public sewer located in a right-of-way, easement,
highway, street, or public way which crosses, adjoins, or abuts upon property within the township and
passes not more than 200 feet at the nearest point from a structure in which sanitary sewage
originates.
BOD (denoting biochemical oxygen demand) shall means the quantity of oxidation of organic matter
under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per
liter.
Building Drain shall means that part of the lowest horizontal piping of a drainage system which receives
the Discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it
to the building sewer, beginning five feet outside the inner face of the building wall.
Building Sewer means the extension from the building drain to the public sewer or other place of
disposal.
Bypass means the intentional diversion of waste streams from any portion of an Industrial User's
treatment process or facility.
Categorical Industry means any industry which the EPA recognizes as belonging to one of the groups
listed in 40 CFR 403.
City means the City of Saugatuck, Allegan County, Michigan, as represented by the Saugatuck City
Council.
Classes of Users means the division of sanitary sewer customers into classes by similar process or
Discharge flow characteristics as follows:
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(1) Commercial User means any retail or wholesale business engaged in selling merchandise or
a service that Discharges only segregated domestic wastes or wastes from sanitary
conveniences.
(2) Governmental User means any federal, state or local government office or government
service facility that Discharges only segregated domestic wastes or wastes from sanitary
conveniences.
(3) Industrial User means any manufacturing establishment which produces a product from raw
or purchased material. A User may be excluded from the Industrial User class if it is determined
that such User will Discharge only segregated domestic strength wastes or wastes from sanitary
conveniences. Industrial Users subject to the Industrial Cost Recovery system shall include the
following:
a. Any nongovernmental User of a Publicly Owned Treatment Works which Discharges
more than 25,000 gallons per day of sanitary waste, or a volume of process waste, or
combined process and sanitary waste, equivalent to 25,000 gallons per day of sanitary
waste;
b. Any nongovernmental User of a Publicly Owned Treatment Works which Discharges
wastewater to the treatment works which contains toxic pollutants or poisonous solids,
liquids, or gasses, in sufficient quantity either singly or by interaction with other wastes, to
injure or interfere with any sewage treatment process, constitute a hazard to humans or
animals, create a public nuisance, or create any hazard in, or have an adverse effect on, the
waters receiving any Discharge from the treatment works;
c.
All Commercial Users of an individual system constructed with grant assistance under
Section 201(h) of the Act and this definition.
(4) Institutional User means any educational, religious or social organization such as a school,
church, nursing home, hospital or other Institutional User that Discharges only segregated
domestic wastes or wastes from sanitary conveniences.
(5) Residential User means an individual home or dwelling unit, including mobile homes,
apartments, condominiums or multifamily dwellings, that Discharges only segregated domestic
wastes or wastes from sanitary conveniences.
COD (denoting chemical oxygen demand) means the oxygen consuming capacity of inorganic and
organic matter present in wastewater.
Combined Sewer means a sewer receiving both surface runoff and sewage.
Compatible Pollutant means biochemical oxygen demand, suspended solids, pH and fecal coliform
bacteria, plus any additional pollutants identified in the NPDES permit if the treatment works was
designed to treat such pollutants and can, in fact, remove such pollutants to a substantial degree. The
term "substantial degree" generally means removals on the order of 80 percent or greater.
Discharge and Indirect Discharge mean the introduction of pollutants into the POTW from any
nondomestic source regulated under Section 307 (b), (c), or (d) of the Federal Water Pollution Control
Act as amended by the Clean Water Act of 1977.
Garbage means solid wastes from the domestic and commercial preparation, cooking and dispensing
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of food, and from the handling, storage and sale of produce.
Incompatible Pollutant means any pollutant that is not a Compatible Pollutant, as defined in this section.
Industrial Cost Recovery means the recovery from each Industrial User, as defined in this section, that
portion of the U.S. Environmental Protection Agency grant which is allocable to the treatment of
industrial wastes from such industries. The Industrial Cost Recovery charge is defined in the Sewer
Rate and Connection ordinance.
Industrial Wastes means the liquid wastes from industrial manufacturing processes, trade or business
as distinct from segregated domestic strength wastes, or wastes from sanitary conveniences.
Infiltration means any waters entering the system from the ground through such means as, but not
limited to, defective pipes, pipe joints, connections or manhole walls. Infiltration does not include, and is
distinguished from, Inflow.
Infiltration/Inflow means the total quantity of water from both Infiltration and Inflow.
Inflow means any waters entering the system through such sources as, but not limited to, building
downspouts, footing or yard drains, cooling water Discharges, seepage lines from springs and swampy
areas, and storm drain cross connections.
Inspector means any person or persons authorized by the Authority to inspect and approve the
installation of building sewers and their connection to the public sewer system.
Interference means a Discharge which, alone or in conjunction with a Discharge or Discharges from
other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes,
use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES Permit
(including an increase in the magnitude or duration of a violation) or of the prevention of sewage
sludge use or disposal in compliance with the following statutory provisions and regulations or
permits issued thereunder (or more stringent State or local regulations) Section 405 of the Clean
Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as
the Resource Conservation and Recovery Act (RCRA)), and including State regulations contained
in any State sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air
Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
mg/l means milligrams per liter.
Natural Outlet mean any outlet into a watercourse, pond, ditch, lake or other body of surface or
groundwater.
New Source.
(1) The term "New Source" means any building, structure, facility or installation from which there
is or may be a Discharge of pollutants, provided that:
a. The building, structure, facility or installation is constructed at a site at which no other
source is located;
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b. The building, structure, facility or installation totally replaces the process or production
equipment that causes the Discharge of pollutants at an existing source; or
c.
The production or wastewater generating processes of the building, structure, facility or
installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent to which the new facility is
engaged in the same type of activity as the existing source should be considered.
(2) The term "New Source" includes the replacement or addition of either process or production
equipment generating wastewater at an established site.
(3) Construction of a "New Source" as defined under this section has commenced if the owner or
operator has:
a.
Begun, or caused to begin as part of a continuous on-site construction program:
1.
Any placement, assembly, or installation of facilities or equipment; or
2. Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly, or installation of "New Source" facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time. Options to purchase
or contracts which can be terminated or modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not constitute a contractual obligation under
this definition.
Noncategorical Industry means any industry not classified by the EPA as a Categorical Industry in 40
CFR 403.
Normal Strength Sewage means a sanitary wastewater flow containing an average daily BOD of not
more than 200 mg/l or an average daily suspended solids concentration of not more than 250 mg/l.
NPDES Permit means National Pollution Discharge Elimination System Permit. According to the
Federal Water Pollution control Act, as amended by Public Law 92-500, it prohibits any person from
Discharging pollutants into a waterway from a point source unless the Discharge is authorized by a
permit issued either by the U.S. Environmental Protection Agency or by an approved state agency.
NPDES Permit means the permit issued pursuant to the National Pollution Discharge Elimination
System for the Discharge of wastewater into the waters of the state.
Operation and Maintenance Costs means all costs, direct and indirect (other than debt service),
necessary to ensure adequate wastewater treatment on a continuing basis, to conform with all related
federal, state and local requirements, and to ensure optimal longterm facility management (Operation
and Maintenance Costs include depreciation and replacement costs).
Pass Through means a Discharge which exits the POTW in quantities or concentrations which, alone or
in conjunction with a Discharge or Discharges from other sources, is a cause of a violation of any
requirement of the POTW's NPDES Permit (including an increase in the magnitude or duration of a
violation).
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pH means the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of
solution.
ppm means parts per million.
Pretreatment means the treatment of extra strength wastewater flows in privately owned pretreatment
facilities prior to Discharge into publicly owned sewage works.
Private Wastewater Disposal System means a cesspool, septic tank, or similar device which
Discharges to a suitable drainage field.
Properly Shredded Garbage means the wastes from the preparation, cooking and dispensing of food
that have been shredded to such a degree that all particles will be carried freely under the low
conditions normally prevailing in public sewers, with no particle greater than ½-inch in dimension.
Public Sewer means a sewer in which all owners of abutting properties have equal rights, and which is
controlled by public authority.
Publicly Owned Treatment Works and POTW mean the treatment works as defined by section 212 of
the Act, which is owned by the Kalamazoo Lake Sewer and Water Authority. This definition includes
any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances
only if they convey wastewater to the POTW treatment plant. The term also means the municipality
which has jurisdiction over the Indirect Discharges to and the Discharges from such a treatment works.
Replacement means necessary expenditures made during the service life of the treatment works to
replace equipment and plant appurtenances required to maintain the intended performance of the
treatment works.
Sanitary Sewer means a sewer which carries sewage and to which stormwaters, surface waters and
groundwaters are not intentionally admitted.
Severe Property Damage means substantial physical damage to property, or damage to treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a Bypass. The term "Severe
Property Damage" does not mean an economic loss caused by delays in production.
Sewage means a combination of the water-carried wastes from residences, business buildings,
institutions and industrial establishments, together with such groundwater, surfacewater and
stormwater as may be present. The three most common types of sewage are:
(1) Combined Sewage. Wastes, including Sanitary Sewage, Industrial Sewage, stormwater, and
Infiltration and Inflow carried to the wastewater treatment facilities by a Combined Sewer.
(2) Industrial Sewage. A combination of liquid and water-carried wastes Discharged from any
industrial establishment and resulting from any trade or process carried on in that establishment
(this shall include the wastes from Pretreatment facilities and polluted cooling water.)
(3) Sanitary Sewage. The combination of liquid and water-carried wastes Discharged from toilet
and other sanitary plumbing facilities.
Sewage Treatment Facility means any arrangement of devices and structures used for treating
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Sewage.
Sewage Works means all facilities for collecting, pumping, treating and disposing of Sewage.
Significant Industrial User means:
(1)
All Dischargers subject to U.S. EPA Categorical Pretreatment Standards.
(2) All Noncategorical Dischargers that, in the opinion of the Authority, have a reasonable
potential to adversely affect the POTW operation, or which Discharge a waste stream making up
five percent of the dry weather hydraulic or organic capacity of the POTW, or Discharge greater
than 25,000 gallons per day to the POTW.
Significant Noncompliance means:
(1) Chronic violations of local Discharge limits, defined as those in which 66 percent or more of
all the samples and measurements collected during any six-month period exceed the daily
maximum limit or tile average limit for tile same pollution parameter.
(2) Technical Review Criteria (TRC) violations in which 33 percent or more of all samples or
measurements for each pollutant parameter taken during any six-month period equal or exceed
the product of the daily maximum limit or the average limit multiplied by the applicable TRC (1.4
for BOD, TSS, fats, oils, and grease, and 1.2 for all other pollutants except pH).
(3) Any other violation of a pretreatment effluent limit (daily maximum or longterm average)
which, in the opinion of the Authority Manager, has caused Interference, Pass Through, or
endangered the health of POTW personnel or the general public, alone or in combination with
other Discharges.
(4) Any Discharge which presents an imminent danger to human health, welfare or to the
environment, or has resulted in the Authority Manager's exercise of his emergency authority to
halt or prevent such a Discharge.
(5) Failure to meet, within 90 days of the scheduled date, a compliance milestone or
enforcement order for starting construction, completing construction, or attaining final compliance.
(6) Failure to provide, within 30 days of the due date, required compliance reports,
self-monitoring reports, baseline monitoring reports, or other reports required by this article.
(7)
Failure to accurately report noncompliance.
(8) Any other violations which the Authority Manager determines will adversely affect the
operation or implementation of the local pretreatment program.
Sludge means accumulated solid material separated from liquid waste as a result of the wastewater
treatment process.
Slug means any Discharge of water, wastewater or industrial wastewater which, in concentration of any
given constituent, is more than five times the average 24 hours, concentration of flows during normal
operation.
Storm Drain (sometimes termed "storm sewer") means a sewer which carries stormwaters and surface
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waters and drainage, but excludes Sewage and industrial wastes, other than unpolluted cooling water.
Suspended Solids means solids that either float on the surface of, or in suspension in, water, Sewage
or other liquids and which can be removed by laboratory filtering.
ug/l means micrograms per liter.
User Debt Retirement Charge means the charge levied on all Users of the Sewage Works for the cost
of any bond debt of which debt repayment is to be met from the revenues of such works.
User Operation and Maintenance Charge means the charge levied on all Users of the Sewage Works
for the cost of operation and maintenance, including replacement and depreciation of such treatment
works.
Village means the Village of Douglas, Allegan County, Michigan, as represented by the Douglas Village
Council.
Wastewater means a combination of the water-carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such groundwaters, surface waters, and
stormwaters as may unintentionally be present.
Wastewater Treatment Plant means any arrangement of devices and structures used for treating
Wastewater.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
Wye Branch means a local service connection to the sewer that is made at an angle similar to a "wye"
so that a sewer cleaning rod will not come into the sewer at a right angle and penetrate the far side, but
will travel down the course of the sewer.
(Ord. No. 2002-01, art. I, 6-5-2002)
Sec. 36-253. - Protection from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is a part of the Sewage Works.
Any person violating this provision shall be subject to immediate punishment as provided in this article.
(Ord. No. 2002-01, art. VIII, 6-5-2002)
(a) Any person found to be violating any provision of this article, Industrial User Discharge permit,
orders or compliance schedules shall be served a written notice stating the nature of the violation.
(b) Any person convicted of a violation of any provision of this article, Industrial User Discharge
Permit, orders, or compliance schedules shall be punished by a fine of not more than $1000.00, or by
imprisonment of not more than 90 days or by both such fine and imprisonment. Each day in which any
such violation shall continue shall be deemed a separate offense.
(c)
Any business, industry or person violating any of the provisions of this article, Industrial User
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Discharge Permit, orders, or compliance schedules, which results in fines or penalties being levied
against the Authority, shall become liable for such fine or penalty, plus any expenses, loss or damage
occasioned by such violation. This fine or penalty would be levied in addition to the fine identified in
subsection (b) of this section.
(d) Any industry having been determined to have falsified or misrepresented any application or report
required by this article shall be guilty of a misdemeanor and shall be subject to the penalties outlined in
subsection (b) of this section.
(e) The Authority, in compliance with the federal requirements, will annually notify the public of all
Industrial Users who have significantly violated applicable Pretreatment standards or other
Pretreatment requirements.
(Ord. No. 2002-01, art. IX, 6-5-2002)
Secs. 36-255—36-280. - Reserved.
DIVISION 2. - USE OF PUBLIC SEWERS
Subdivision I. - Required
Subdivision II. - Discharge Regulations
Subdivision I. - Required
Sec. 36-281. - Unlawful manner of disposal.
Sec. 36-282. - Connection to sewers.
Sec. 36-283. - Discharge report.
Sec. 36-285. - Conditions to the compliance schedule.
Sec. 36-286. - Submittal of report.
Sec. 36-287. - Keeping of records.
Sec. 36-288. - Notification standards.
Sec. 36-289. - Adjustment of standards.
Sec. 36-291. - Description of pollutants required.
Sec. 36-292. - Certification statement.
Sec. 36-293. - Development of compliance schedule.
Sec. 36-294. - Permit criteria.
Sec. 36-295. - Existing conditions.
Sec. 36-296. - New connections.
Sec. 36-297. - Industrial Discharge permits to include conditions.
Sec. 36-298. - Notice of intent.
Sec. 36-299. - Permit appeals.
Sec. 36-300. - Permit modification.
Sec. 36-301. - Termination of permit.
Sec. 36-302. - Data available to the public.
Secs. 36-303—36-330. - Reserved.
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Sec. 36-281. - Unlawful manner of disposal.
(a) It shall be unlawful for any person to place, deposit or permit to be deposited, in an unsanitary
manner, upon public or private property within the system or in any area under the jurisdiction of the
Authority, any human or animal excrement, garbage or other objectionable waste which ordinarily
would be regarded as Sewage or Industrial Wastes.
(b) It shall be unlawful to Discharge to any natural outlet within the system, or in any area under the
jurisdiction of the Authority, any Sanitary Sewage, industrial waste, or other polluted waters, except
where suitable treatment has been provided, in accordance with subsequent provisions of this article.
(c) Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool or other facility intended or used for disposal of Sewage.
(Ord. No. 2002-01, art. II, §§ 1—3, 6-5-2002)
Sec. 36-282. - Connection to sewers.
(a) Purpose and intent. Public Sewers are essential to the health, safety and welfare of the people of
the Township. Septic tank disposal systems are subject to failure due to soil conditions or other
reasons. Failure or potential failure of septic tank disposal systems poses a threat to the public heath,
safety and welfare; presents a potential for ill health, transmissions of disease, mortality and economic
blight; and constitutes a threat to the quality of surface and subsurface waters of the township.
Therefore connection to an Available Public Sanitary Sewer System at the earliest possible time is
necessary to protect the public health, welfare and safety of the township.
(b) Time limit. Structures within the township in which Sanitary Sewage emanates shall be connected
promptly to an Available Public Sanitary Sewer System but not later than 18 months after the date of
occurrence of the last of the following events:
(1) Publication of a notice by the township or Authority of the availability of the Public Sewer in a
newspaper of general circulation in the township.
(2) Modification of the structure so as to become a structure in which Sanitary Sewage
originates.
(Ord. No. 2002-01, art. II, § 4, 6-5-2002)
Sec. 36-283. - Discharge report.
Within 180 days after the effective date of a Categorical Pretreatment Standard applicable to an
Industrial User, or 180 days after the final administrative decision made upon a category determination
submission, whichever is later, Industrial Users subject to such Categorical Pretreatment Standards
which are Discharging to or which are scheduled to Discharge to the POTW shall be required to submit
to the Authority Manager a report which contains the information listed in this section. In addition, at
least 90 days prior to commencement of Discharge, any industry or structure planning to Discharge
industrial wastes to the Sanitary Sewer shall file the material listed in this section with the Authority
Manager. The Authority may also require each person who applies for sewer service, receives sewer
service, or through the nature of the enterprise creates a potential environmental problem, to file the
following listed material:
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(1) Contact and other pertinent information. A written statement setting forth the name and
address of the facility, including the name of the operator and owners, the nature of the enterprise,
the source and amount of water used, and the amount of water to be Discharged, with the present
or expected bacterial, physical, chemical, radioactive or other pertinent characteristics of the
wastes.
(2) Permits. The User shall submit a list of any environmental control permits held by or for the
facility.
(3) Description of operations. The User shall submit a brief description of the nature, average
rate of production, and standard industrial classification of the operations carried out by such
Industrial User. This description should include a schematic process diagram which indicates
points of Discharge to the POTW from the regulated processes.
(4) Flow measurement. The User shall submit information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from each of the following:
a.
Regulated process streams; and
b. Other streams as necessary to allow use of the combined waste stream formula set
forth in the applicable federal regulations.
The Authority Manager may allow for verifiable estimates of these flows where justified by
cost or feasibility considerations.
(5) Measurement of pollutants. All measurements, tests and analyses of the characteristics of
water and wastes to which reference is made in this article shall be determined in accordance with
methods listed in 40 CFR 136 or the laboratory procedure set forth in the latest edition, at the time
of analysis, of "Standard Methods for the Examination of Water and Sewage" provided, in the
event of any conflict, 40 CFR 136 shall be followed. These measurements shall be determined at
the control manhole provided for or upon suitable samples taken at the control manhole. If no
special manhole has been required, the control manhole shall be considered to be the nearest
downstream manhole in the Public Sewer to the point at which the building sewer is connected.
The following requirements shall also apply to all users:
a. The User shall identify the Categorical Pretreatment Standards applicable to each
regulated process.
b. In addition, the User shall submit the results of sampling and analysis identifying the
nature and concentration (or mass, where required by the Standard or Authority Manager) of
regulated pollutants in the Discharge from each regulated process. Both daily maximum and
average concentration (or mass, where required) shall be reported. The sample shall be
representative of daily operations.
c.
A minimum of four grab samples must be used for pH, cyanide, total phenols, oils and
grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples
must be obtained through flow-proportional composite sampling techniques where feasible.
The Authority Manager may waive flow-proportional composite sampling for any Industrial
User that demonstrates that flow-proportional sampling is infeasible. In such cases, samples
may be obtained through time-proportional composite sampling techniques or through a
minimum of four grab samples where the User demonstrates that this will provide a
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representative sample of the effluent being Discharged.
d. The User shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this section.
e. Samples should be taken immediately downstream from Pretreatment facilities if such
exist or immediately downstream from the regulated process if no Pretreatment exists. If
other wastewaters are mixed with the regulated wastewater prior to Pretreatment, the User
should measure the flows and concentrations necessary to allow use of the combined waste
stream formula in order to evaluate compliance with the Categorical Pretreatment Standards.
f.
Where 40 CFR 136 or the most recent edition of "Standard Methods for the Examination
of Water and Sewage" do not contain sampling or analytical techniques for the pollutant in
question, or where the Authority Manager determines that the 40 CFR 136 sampling and
analytical techniques are inappropriate for the pollutant in question, sampling and analysis
shall be performed by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the POTW or other parties,
approved by the Authority Manager.
g. The Authority Manager may allow the submission of a baseline report which utilizes only
historical data so long as the data provides information sufficient to determine the need for
industrial Pretreatment measures.
h. The baseline report shall indicate the time, date and place of sampling, and methods of
analysis, and shall certify that such sampling and analysis is representative of normal work
cycles and expected pollutant Discharges to the POTW. Industrial Users shall report any
changes to information in the baseline monitoring report to the POTW within 60 days.
i.
Sampling shall be carried out by methods listed in 40 CFR 136 to reflect the effect of
constituents upon the sewage works and to determine the existence of hazards to life, limb
and property. The particular analyses involved will determine whether a 24-hour composite of
all outfalls of a premise is appropriate or whether grab samples should be taken. All costs
incurred in either industrial self-monitoring or compliance monitoring by the Authority shall be
borne by the owner, including fees for inspection and surveillance.
(6) Certification. A statement, reviewed by an authorized representative of the User and certified
to by a qualified professional, indicating whether Pretreatment standards are being met on a
consistent basis, and, if not, whether additional operation and maintenance (Operation and
Maintenance) and/or additional pretreatment is required for the Industrial User to meet the
Pretreatment standards and requirements.
(7) Compliance schedule. If additional Pretreatment and/or operation and operation and
maintenance will be required to meet the Categorical Pretreatment Standards, the shortest
schedule by which the Industrial User will provide such additional pretreatment and/or operation
and maintenance is required. The completion date in this schedule shall not be later than the
compliance date established for the applicable Categorical Pretreatment Standard.
(Ord. No. 2002-01, art. II, § 5, 6-5-2002)
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Any industry or structure Discharging Industrial Wastes to the Sanitary Sewer, and any other person
who applies for sewer service, receives sewer service, or through the nature of the enterprise creates a
potential environmental problem shall, unless otherwise authorized by the Authority Manager fulfill the
following:
(1) Provide a plan map of the building, works or complex, with each outfall to the surface waters,
Sanitary Sewer, storm sewer, natural watercourse, or groundwaters noted, described, and the
waste stream identified.
(2) Sample, test and file reports with the Authority Manager and the appropriate state agencies
on appropriate characteristics of wastes on a schedule, at locations, and according to methods
outlined in subsection 36-283(5).
(3) Provide an affidavit placing waste treatment facilities, process facilities, waste streams, or
other potential waste problems under the specific supervision and control of persons properly
qualified to supervise such facilities.
(4) Provide a report on raw materials entering the process or support system, intermediate
materials, final product, and waste by products as those factors may affect waste control.
(5) Maintain records and file reports on the final disposal of specific liquid, solids, Sludge, oil,
radioactive material, solvent or other waste.
(6) If any industrial process is to be altered so as to include or negate a process waste or
potential waste, written notification shall be given to the Authority Manager subject to approval.
(7) Submit annual progress reports to the Authority board outlining progress towards compliance
with categorical Pretreatment requirements developed by the Environmental Protection Agency.
(8) Within 90 days following the date for final compliance with the Pretreatment standards set
forth in this article or within 90 days following commencement of Discharge by a new Discharger,
any Discharger subject to this article shall, in addition to the information required by section
36-283 and this section, report whether applicable Pretreatment standards are being met on a
consistent basis. If not, the Discharger shall indicate what additional operation and maintenance
and/or Pretreatment is necessary to ensure compliance. This statement shall be signed by an
authorized representative of the Discharger and certified to by a qualified engineer.
(9) If the sampling performed by an Industrial User indicates a violation of this article the User
shall notify the Wastewater plant within 24 hours of becoming aware of the violation. The User
shall also repeat the sampling and analysis and report the results to the Authority within 30 days of
the initial violation unless the Authority agrees to perform the sampling within the 30-day deadline.
(10) New sources, when subject to a National Categorical Pretreatment Standard, shall submit a
baseline report at least 90 days prior to commencement of Discharge to the POTW.
(Ord. No. 2002-01, art. II, § 6, 6-5-2002)
Sec. 36-285. - Conditions to the compliance schedule.
The following conditions shall apply to the compliance schedule required by subsection 36-283(7):
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(1) The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional Pretreatment required for the Industrial User to meet the applicable Pretreatment
standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing
contract for major components, commencing construction, completing construction, etc.).
(2)
No increment referred to in subsection (1) of this section shall exceed nine months.
(3) Not later than 14 days following each date in the schedule and the final date for compliance,
the Industrial User shall submit a progress report to the Authority Manager, including, at a
minimum, whether or not it complied with the increment of progress to be met on such date and, if
not, the date on which it expects to comply with this increment of progress, the reason for delay,
and the steps being taken by the Industrial User to return the construction to the schedule
established. In no event shall more than nine months elapse between such progress reports to the
Authority Manager.
(Ord. No. 2002-01, art. II, § 7, 6-5-2002)
Sec. 36-286. - Submittal of report.
Within 90 days following the date for final compliance with applicable Pretreatment standards or in the
case of a New Source following commencement of the introduction of Wastewater into the POTW, any
Industrial User subject to Pretreatment standards and requirements shall submit to the Authority
Manager a report containing the information described in subsections 36-283(4), (5) and (6). This report
shall include the User's actual production during the appropriate sampling period.
(Ord. No. 2002-01, art. II, § 8, 6-5-2002)
Sec. 36-287. - Keeping of records.
All Dischargers subject to this article shall retain for no less than three years any records, books,
documents, memoranda, reports, correspondence and any summaries thereof, relating to monitoring,
sampling, and chemical analysis of its Discharge, whether or not such records are required by this
article. All such records shall be made available for inspection and copying by the DNR and the EPA,
and the Authority in the case of an Industrial User. All records which pertain to matters which are the
subject of administrative action, enforcement, or litigation, shall be maintained and preserved until all
enforcement limitation with respect to any and all appeals have expired.
(Ord. No. 2002-01, art. II, § 9, 6-5-2002)
Sec. 36-288. - Notification standards.
The Authority assumes the responsibility of notifying Industrial Users of applicable Pretreatment
standards and any applicable requirements under the General Federal Pretreatment Regulations and
Subtitles C and D of the Resource Conservation and Recovery Act.
(Ord. No. 2002-01, art. II, § 10, 6-5-2002)
Sec. 36-289. - Adjustment of standards.
Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the
Industrial User's intake water if the Industrial User meets the requirements outlined in 40 CFR 403.15.
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(Ord. No. 2002-01, art. II, § 11, 6-5-2002)
(a)
Periodic reports on continued compliance.
(1) Any Industrial User subject to a Categorical Pretreatment Standard, and all Non-Categorical
Industries, when required by the Authority board, shall submit to the Authority during the months of
June and December, unless required more frequently in the Pretreatment standard or by the
Authority or the Authority Manager, a report indicating the nature and concentration of pollutants in
the effluent which are limited by such Categorical Pretreatment Standards, and as further required
by the permit. In addition, this report shall include a record of measured or estimated average and
maximum daily flows for the reporting period for the Discharge reported in section 36-283 or
section 36-284 except that the Authority may require more detailed reporting of flows. At the
discretion of the Authority and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the Authority may agree to alter the months during which the reports
set forth in this subsection (a)(1) are to be submitted.
(2) Where the Authority has imposed mass limitations on Industrial Users as provided for by 40
CFR 403.6, the report required by subsection (a)(1) of this section shall indicate the mass of
pollutants regulated by Pretreatment standards in the Discharge from the Industrial User.
(3) For Industrial Users subject to equivalent mass or concentration limits established by the
Authority in accordance with 40 CFR 403.6, the report required by subsection (a)(1) of this section
shall contain a reasonable measure of the User's longterm production rate. For all other Industrial
Users subject to Categorical Pretreatment Standards expressed only in terms of allowable
pollutant Discharge per unit of production (or other measure of operation), the report required by
subsection (a)(1) of this section shall include the User's actual average production rate for the
reporting period.
(b) Notice of potential problems, including Slug loading. All Categorical and Non-Categorical Industrial
Users shall notify the POTW immediately of all Discharges that could cause problems to the POTW,
including any Slug loadings, as defined in section 36-252, by the Industrial User.
(c)
Monitoring and analysis to demonstrate continued compliance.
(1) The reports required in sections 36-283 and 36-286 and subsection (a) of this section shall
contain the results of sampling and analysis of the Discharge, including the flow and the nature
and concentration, or production and mass where requested by the Authority, of pollutants
contained therein which are limited by the applicable Pretreatment standards. This sampling and
analysis may be performed by the Authority in lieu of the Industrial User. Where the Authority
performs the required sampling and analysis in lieu of the Industrial User, the User shall not be
required to submit the compliance certification required under 40 CFR 403.12 (b) (6) and
403.12(d). In addition, where the Authority itself collects all the information required for the report,
including flow data, the Industrial User will not be required to submit the report.
(2) If sampling performed by an Industrial User indicates a violation, the User shall notify the
Control Authority within 24 hours of becoming aware of the violation. The User shall also repeat
the sampling and analysis and submit the results of the repeat analysis to the Control Authority
within 30 days after becoming aware of the violation, except the Industrial User is not required to
resample if:
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a. The Authority performs sampling at the Industrial User at a frequency of at least once
per month; or
b. The Authority performs sampling at the User between the time when the User performs
its initial sampling and the time when the User receives the results of this sampling.
(3) The reports required in subsection (a)(1) of this section shall be based upon data obtained
through appropriate sampling and analysis performed during the period covered by the report,
which data is representative of conditions occurring during the reporting period. The Authority shall
require that frequency of monitoring necessary to assess and ensure compliance by Industrial
Users with applicable Categorical Pretreatment Standards and requirements.
(4) All analyses shall be performed in accordance with procedures established pursuant to
subsection 36-283(5).
(5) If an Industrial User subject to the reporting requirement in subsection (a)(1) of this section
monitors any pollutant more frequently than required by the Authority, using the procedures
prescribed in this section, the results of this monitoring shall be included in the report.
(Ord. No. 2002-01, art. II, § 12, 6-5-2002)
Sec. 36-291. - Description of pollutants required.
Significant Noncategorical Industrial Users shall submit to the Authority Manager at least once every six
months (on dates specified by the Authority Manager) a description of the nature, concentration, and
flow of the pollutants required to be reported by the Authority. These reports shall be based on
sampling and analysis performed in the period covered by the report, and performed in accordance with
the techniques described in subsection 36-283(5). This sampling and analysis may be performed by the
Authority in lieu of the Significant Noncategorical Industrial User. Where the Authority itself collects all
the information required for the report, the Significant Noncategorical Industrial User will not be required
to submit the report.
(Ord. No. 2002-01, art. II, § 13, 6-5-2002)
Sec. 36-292. - Certification statement.
The reports required by this article of Significant Industrial Users and others as required by the
Manager shall include the certification statement set forth at 40 CFR 403.6(a) (2) (ii), as amended, and
shall be signed as follows:
(1) By a responsible corporate officer, if the User submitting the reports required by this article is
a corporation. For the purpose of this section, a responsible corporate officer means:
a. A president, secretary, treasurer, or vice president of the corporation in charge of a
principal business function, or any other person who performs similar policy or
decision-making functions for the corporation; or
b. The manager of one or more manufacturing, production, or operation facilities
employing more than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000.00 (in second quarter 1980 dollars), if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
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(2) By a general partner or proprietor if the User submitting the required reports is a partnership
or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated in subsection (1) or (2) of
this section if:
a. The authorization is made in writing by the individual described in subsection (1) or (2)
of this section;
b. The authorization specifies either an individual or a position having responsibility for the
overall operation of the facility from which the Discharge originates, such as the position of
plant manager, operator of a well, or well field superintendent, or a position of equivalent
responsibility, or having overall responsibility for environmental matters for the company; and
c.
The written authorization is submitted to the Authority.
(4) If an authorization under subsection (3) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization satisfying the
requirements of subsection (3) of this section must be submitted to the Authority prior to or
together with any reports to be signed by an authorized representative.
(Ord. No. 2002-01, art. II, § 14, 6-5-2002)
Sec. 36-293. - Development of compliance schedule.
(a) In addition to the baseline monitoring reports required by this article, compliance schedules are
required of industrial Dischargers not in compliance with federal categorical limits or local Discharge
limits. These schedules must indicate the major milestones, with dates, that will lead the industry into
compliance. Industries not in compliance with federal or local Discharge limits are required to submit
progress reports no later than 14 days following each date in their compliance schedule. Progress
reports shall indicate if the compliance schedule is being met and, if not, reasons for noncompliance
must be provided. In addition, steps being taken by the industry to return to the established schedule
must also be indicated.
(b) The Authority shall require the development of a compliance schedule by each Industrial User for
the installation of technology to meet applicable Pretreatment standards and other requirements set
forth in this article.
(Ord. No. 2002-01, art. II, §§ 15, 16, 6-5-2002)
Sec. 36-294. - Permit criteria.
It shall be unlawful for Significant Industrial Users to Discharge wastewater to the KLSWA sanitary
system without first obtaining a permit from the Authority regulating such Discharges. Such permits will
be enforceable and will contain, at minimum, these elements:
(1)
A statement of duration which will in no case exceed five years.
(2) A statement of nontransferability without a minimum of prior notification to the POTW and
provisions for copies of the existing permit to the new owner or operator.
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(3) Effluent limits based on applicable Pretreatment standards as outlined in 40 CFR Part 403, or
local limits as contained in this article.
(4) Industrial Discharge permits will include specific self-monitoring, sampling, reporting,
notification, and record keeping requirements. Permits shall contain the following:
a.
Limits on the maximum rate of Discharge.
b.
Limits on the concentration of identified wastewater constituents.
c.
Requirements for the installation of appropriate technology to prevent the introduction of
pollutants to the treatment works.
d.
Requirements for spill control plans.
e.
Requirements for the installation of inspection and sampling facilities.
f.
Specifications for monitoring programs including frequency of
specification of parameters.
g.
Compliance schedules.
h.
Requirements for submission of reports.
i.
Requirements for retaining records.
j.
Requirements for notification of accidental or Slug Discharges.
sampling and
k.
Other requirements or conditions deemed appropriate by the Authority Manager to
ensure compliance with this article and state or federal laws, rules, and regulations regarding
industrial Discharges to local sanitary systems.
(5) A statement of applicable civil and criminal penalties for violation of Pretreatment standards,
regulations, and applicable compliance schedules. In no instance may compliance schedules
extend beyond applicable federal guidelines.
(Ord. No. 2002-01, art. II, § 17, 6-5-2002)
Sec. 36-295. - Existing conditions.
Any Significant Industrial User which Discharges nondomestic waste into the Sanitary Sewer system
prior to the effective date of the ordinance from which this article derives and who wishes to continue
such Discharges in the future shall, within 90 days after such date, apply to the Authority board for an
industrial Discharge permit and shall not cause or allow Discharges to the POTW after 180 days from
the effective date of the ordinance from which this article derives except in accordance with a permit
issued by the Authority.
(Ord. No. 2002-01, art. II, § 18, 6-5-2002)
Sec. 36-296. - New connections.
Any Significant Industrial User proposing to begin Discharge of nondomestic waste into the KLSWA
system must obtain an industrial Discharge permit prior to beginning such Discharge. An application for
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this permit must be filed at least 60 days prior to the anticipated start-up date.
(Ord. No. 2002-01, art. II, § 19, 6-5-2002)
Sec. 36-297. - Industrial Discharge permits to include conditions.
Industrial Discharge permits shall include such conditions as are reasonably deemed necessary by the
manager of the KLSWA wastewater plant to prevent Pass Through or Interference, protect water quality
in the Kalamazoo River, protect worker health and safety, facilitate Sludge management and disposal,
protect ambient air quality, and protect against damage to the POTW and the KLSWA collection
system. Permits shall contain but shall not necessarily be limited to the elements contained in section
36-293.
(Ord. No. 2002-01, art. II, § 20, 6-5-2002)
Sec. 36-298. - Notice of intent.
The Authority Manager shall publish in the local newspaper a notice of intent to issue a Pretreatment
permit at least 14 days prior to issuance. The notice will indicate a location where a draft permit may be
reviewed and an address where written comments may be submitted.
(Ord. No. 2002-01, art. II, § 21, 6-5-2002)
Sec. 36-299. - Permit appeals.
(a) The Authority Manager will provide all interested persons with notice of final permit decisions.
Upon notice by the Authority Manager any person, including the Industrial User, may petition to appeal
the terms of the permit within 30 days of the notice. Failure to submit a timely petition for review shall
be deemed a waiver of appeal. In its petition the appealing party must indicate the permit provisions
objected to, the reasons for the objection, and the alternative condition, if any, which they seek to place
in the permit.
(b) The Authority board may, after considering this petition and any arguments by the Authority
Manager, determine that reconsideration is proper. It shall then remand the permit back to the Authority
Manager for reissuance. The permit provisions being reconsidered by the Authority Manager shall be
stayed pending reissuance.
(c) The Authority board's decision not to reconsider a final permit shall be considered the final
administrative action for purposes of judicial review.
(Ord. No. 2002-01, art. II, § 22—24, 6-5-2002)
Sec. 36-300. - Permit modification.
The Authority Manager may modify a permit for good cause including:
(1)
Incorporation of new federal, state, or local standards.
(2)
Material or substantial alteration of the Discharger's operation.
(Ord. No. 2002-01, art. II, § 25, 6-5-2002)
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Sec. 36-301. - Termination of permit.
Pretreatment permits may be terminated for the following reasons:
(1)
Falsifying self-monitoring reports.
(2)
Tampering with monitoring equipment.
(3)
Refusing to allow timely access to facility premises and records.
(4)
Failure to meet effluent limitations or causing the POTW to violate its NPDES permit.
(5)
Failure to pay fines.
(6)
Failure to pay sewer charges.
(7)
Failure to meet compliance schedule.
(Ord. No. 2002-01, art. II, § 26, 6-5-2002)
Sec. 36-302. - Data available to the public.
Information and data provided to the Authority or Authority Manager, pursuant to this article which is
effluent data shall be available to the public without restriction.
(Ord. No. 2002-01, art. II, § 27, 6-5-2002)
Secs. 36-303—36-330. - Reserved.
Subdivision II. - Discharge Regulations
Sec. 36-331. - Discharge to specific sewers.
Sec. 36-332. - Prohibited wastes.
Sec. 36-333. - Additional requirements.
Sec. 36-334. - Duties of authority.
Sec. 36-335. - Interceptors.
Sec. 36-336. - Treatment facilities maintained by owner.
Sec. 36-337. - Control manhole.
Sec. 36-338. - Special agreements.
Sec. 36-339. - Treatment of cooling water.
Sec. 36-340. - Right of entry.
Sec. 36-341. - Confidential information.
Sec. 36-342. - Right to revise standards.
Sec. 36-343. - Dilution for treatment.
Sec. 36-344. - Choice of monitoring location.
Sec. 36-345. - Spill prevention plan.
Sec. 36-346. - More stringent requirements to apply.
Sec. 36-347. - Concentration or mass limits.
Sec. 36-348. - Notification of change in Discharge.
Sec. 36-349. - Notification of hazardous waste.
Secs. 36-350—36-375. - Reserved.
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Sec. 36-331. - Discharge to specific sewers.
(a) No person shall Discharge, or cause to be Discharged, any stormwater, surface water,
groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial
process waters to any Sanitary Sewer, unless approved in writing by the Authority Manager.
(b) Stormwater and all other unpolluted drainage shall be Discharged to such sewers as are
specifically designated as combined sewers or storm sewers, or to a Natural Outlet approved by the
appropriate state agency. Industrial cooling water or unpolluted process waters may be Discharged,
upon approval of the appropriate state agency, to a storm sewer or Natural Outlet.
Sec. 36-332. - Prohibited wastes.
Except as provided in section 36-338 no person shall Discharge any of the following described waters
or wastes to any Public Sewers:
(1)
BOD in excess of 200 mg/l.
(2)
COD in excess of 450 mg/l.
(3)
Chlorine demand in excess of 15 mg/l.
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at
a flow rate and/or pollutant concentration which will cause Interference with the POTW.
(5) Color (as from, but not limited to, dyes, inks or vegetable tanning solutions) shall be
controlled to prevent light absorbency which would interfere with treatment plant processes or that
prevent analytical determinations.
(6)
Explosive liquid, solid or gas, gasoline, benzene, naphtha, fuel oil or other flammable waste.
(7)
Garbage not properly shredded (no particle size greater than one-half-inch.)
(8) Petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, or grease, oil, wax
or fat, whether emulsified or not, in amounts that will cause Interference or Pass Through, or in
excess of 50 mg/l, or other substances which may solidify or become viscous at temperatures
between 32 degrees Fahrenheit and 150 degrees Fahrenheit.
(9)
Industrial Wastes in concentrations above those listed in this subsection:
Industrial Waste
Copper (Cu)
Cadmium (Cd)
Chromium Total
Chromium Hexavalent
Lead (Pb)
Nickel (Ni)
Zinc (Zn)
Concentration
(mg/l)
1.0
1.0
0.8
0.2
0.2
1.0
2.6 per day maximum
1.48 per month average
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Silver (Ag)
Phosphorus (P)
Cyanide (Cn)
Total Phenol
0.1
6.5
0.5
0.2
Or any other metallic compounds in sufficient quantity to impair the operations of the Sewage
treatment processes.
(10) Inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime
residues) or dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate) in
unusual concentrations.
(11) Solid, insoluble or viscous substances in amounts which will cause obstruction to the flow in
the POTW resulting in Interference (such as, but not limited to, ashes, cinders, sand, mud, straw,
shavings, metal, glass, tar, feathers, plastics, wood, hair, fleshings, etc.).
(12) Noxious or malodorous gas (such as, but not limited to, hydrogen sulfide, sulphur dioxide, or
oxides of nitrogen) and other substances capable of public nuisance.
(13) Pollutants which will cause corrosive structural damage to the POTW, but in no case
Discharges with a pH lower than 6.5 and greater than 9.5.
(14) Radioactive wastes or isotopes of such half-life or concentration which may exceed limits
established by state and federal regulations.
(15) Suspended solids in excess of 250 mg/l.
(16) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but
in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40
degrees Celsius (104 degrees Fahrenheit).
(17) Water or wastes containing substances which are not amenable to treatment or reduction by
the Sewage treatment processes employed, or are amenable to treatment to only such degree
that the Sewage treatment plant effluent cannot meet the requirements of other agencies having
jurisdiction over Discharge to the receiving waters.
(18) Discharges that would result in excess foaming during the treatment process. Excess
foaming is any foam which, in the opinion of the Authority Manager, is a nuisance in the treatment
process.
(19) Any pollutant which causes Pass Through or Interference.
(20) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
waste streams with a closed cup flash point of less than 140 degrees Fahrenheit or 60 degrees
Celsius using test methods specified in the latest edition of Standard Methods.
(21) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity which may cause acute health and safety problems.
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(Ord. No. 2002-01, art. V, § 3, 6-5-2002)
Sec. 36-333. - Additional requirements.
In addition to the provisions of section 36-332, the following requirements shall apply:
(1)
No Slug loads, as defined by section 36-252 shall be permitted.
(2) New sources shall install, have in operation and start up all pollution control equipment
necessary to meet applicable Pretreatment standards before beginning Discharge. Within the
shortest feasible time (not to exceed 90 days) new sources must be in compliance with all
Pretreatment standards.
(3) All Categorical and Noncategorical Users of the sewer system shall immediately notify the
wastewater plant of all Discharges that could cause problems with plant operations, including any
Slug loads. A written report is required within five days detailing conditions which caused the Slug
load to be Discharged and steps taken to eliminate reoccurrence of the Slug loading. Immediate
notice shall be provided to the Authority at 857-2709 with a follow-up report sent to the Authority at
P.O. Box 789, Saugatuck, MI, 49453.
(4) No trucked or hauled pollutants may be Discharged to the POTW except at points designated
by the POTW.
(Ord. No. 2002-01, art. V, § 4, 6-5-2002)
Sec. 36-334. - Duties of authority.
(a) If any waters or wastes are Discharged, or are proposed to be Discharged, to the Public Sewer,
which waters contain the substances or possess the characteristics enumerated in sections 36-332 and
36-333, and which in the judgment of the Authority Manager may have a deleterious effect upon the
Sewage Works, processes, equipment or receiving waters, or which otherwise create a hazard to life or
constitute a public nuisance, the Authority may:
(1)
Reject the wastes.
(2) Require pretreatment to acceptable condition for Discharge to the public sewers. Existing
sources shall achieve compliance with Categorical Pretreatment Standards within three years of
the date the standard is effective unless a shorter compliance time is specified. If additional
Pretreatment will be required to meet Pretreatment standards the completion date established in a
compliance schedule shall not be later than the compliance date established for the applicable
Pretreatment standard.
(3) Require Pretreatment to an acceptable level (other than normal strength Sewage) for
Discharge to the Public Sewers.
(4) Require new industrial customers or industries with significant changes in strength or flow to
submit prior information to the Authority concerning the proposed flows.
(b) If the Authority permits the pretreatment or equalization of waste flows, the design and installation
of the plants and equipment shall be subject to the review and approval of the Authority Manager and
subject to the requirements of all applicable codes, ordinances and laws.
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(Ord. No. 2002-01, art. V, § 5, 6-5-2002)
Sec. 36-335. - Interceptors.
Grease, oil and sand interceptors shall be provided when, in the opinion of the Authority, they are
necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any
flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be
required for private living quarters or dwelling units. All interceptors shall be of a type and capacity
approved by the Authority, and shall be located as to be readily and easily accessible for cleaning and
inspection.
(Ord. No. 2002-01, art. V, § 6, 6-5-2002)
Sec. 36-336. - Treatment facilities maintained by owner.
Where preliminary treatment or flow equalizing facilities are provided for any waters or wastes, they
shall be maintained continuously in satisfactory and effective operation by the owner at the owners's
expense.
(Ord. No. 2002-01, art. V, § 7, 6-5-2002)
Sec. 36-337. - Control manhole.
When required by the Authority, the owner of any property serviced by a Building Sewer carrying
Industrial Wastes shall install a suitable control manhole together with such necessary meters and
other appurtenances in the Building Sewer to facilitate observation, sampling and measurement of the
wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed
in accordance with plans approved by the Authority. The manhole shall be installed by the owner at the
owner's expense, and shall be maintained by the owner so as to be safe and accessible at all times.
(Ord. No. 2002-01, art. V, § 8, 6-5-2002)
Sec. 36-338. - Special agreements.
No statement contained in this subdivision shall be construed as preventing any special agreement or
arrangement between the Authority and any industrial concern after recommendation by the Authority
whereby an Industrial Waste of unusual strength or character may be accepted by the Authority for
treatment, subject to payment therefor, by the industrial concern. The township specifically excludes the
waiver of Federal Pretreatment Regulations and National Categorical Standards. Specifically excluded
are heavy metals, PCB's and any pollutant that will likely contribute to or cause operational or Sludge
disposal problems or unacceptable Discharges to the receiving waters.
(Ord. No. 2002-01, art. V, § 9, 6-5-2002)
Sec. 36-339. - Treatment of cooling water.
Industrial cooling water containing such pollutants as insoluble oils or grease, or other suspended
solids shall be treated for removal of the pollutants and then Discharged to the storm sewer. All
Discharges of cooling water to the stormwater system require an NPDES permit issued by the state
prior to initiation of such Discharge.
(Ord. No. 2002-01, art. V, § 10, 6-5-2002)
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Sec. 36-340. - Right of entry.
Agents of the Authority, the appropriate state agency, or the U.S. Environmental Protection Agency
shall have the right to enter all properties for the purpose of inspecting, measuring, sampling and
testing the Wastewater Discharge, and inspecting and copying all records which are required to be kept
pursuant to this article.
(Ord. No. 2002-01, art. V, § 11, 6-5-2002)
Sec. 36-341. - Confidential information.
The Authority agrees to regard information submitted by Industrial Users during the Pretreatment
program's development and implementation as confidential. Effluent data furnished by industries shall,
however, be available without restriction as per 40 CFR 2.302.
(Ord. No. 2002-01, art. V, § 12, 6-5-2002)
Sec. 36-342. - Right to revise standards.
The Authority reserves the right to revise the standards contained in this subdivision consistent with the
requirements outlined in 40 CFR 403 and the state Pretreatment program. Specific effluent limits shall
not be developed and enforced without individual notice to persons or groups who have requested such
notice and have had an opportunity to respond.
(Ord. No. 2002-01, art. V, § 13, 6-5-2002)
Sec. 36-343. - Dilution for treatment.
Except where expressly permitted to do so by an applicable Categorical Pretreatment Standard, no
Industrial User shall ever increase the use of process water, or in any other way attempt to dilute a
Discharge as a partial or complete substitute for adequate treatment to achieve compliance with a
Pretreatment standard. The Authority may impose mass limitations on Industrial Users which are using
dilution to meet applicable Pretreatment standards.
(Ord. No. 2002-01, art. V, § 14, 6-5-2002)
Sec. 36-344. - Choice of monitoring location.
Where a treated regulated process waste stream is combined prior to treatment with Wastewaters other
than those generated by the regulated process, the Industrial User may monitor either the segregated
process waste stream or the combined waste streams for the purpose of determining compliance with
applicable Pretreatment standards. If the Industrial User chooses to monitor the segregated process
waste stream, it shall apply the applicable Categorical Pretreatment Standard. If the User chooses to
monitor the combined waste stream, it shall apply an alternative Discharge limit calculated using the
combined waste stream formula as provided by federal regulations. The Industrial User may change
monitoring points only after receiving approval from the Authority. The Authority shall ensure that any
change in an Industrial User's monitoring points will not allow the User to substitute dilution for
adequate treatment to achieve compliance with applicable standards.
(Ord. No. 2002-01, art. V, § 15, 6-5-2002)
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Sec. 36-345. - Spill prevention plan.
(a) Industrial Users determined to be storing toxic or hazardous wastes or other pollutants in
quantities that when spilled could adversely impact the Wastewater treatment plant will be required to
develop a spill prevention plan. The spill prevention plan shall include:
(1) A description of any facilities to be constructed to prevent a spill from reaching the Sewage
collection system.
(2) A description of procedures to be used in the event of a spill including instructions for
notifying the Authority Manager or representative, and a description of emergency cleanup
procedures.
(3) A description of the type of surveillance the Industrial User intends to employ in order to
detect and prevent pollutant Discharges.
(b) The completed spill prevention plan shall be submitted to the Authority for approval. The access to
the property of Industrial Users, for spill containment inspection, shall be granted to township, state,
and federal agents during normal business hours.
(Ord. No. 2002-01, art. V, § 16, 6-5-2002)
Sec. 36-346. - More stringent requirements to apply.
Local limits and requirements shall be met by all Dischargers to the POTW. Applicable National
Categorical Pretreatment Standards and state limitations and requirements shall be met where they are
more stringent than local requirements and limitations.
(Ord. No. 2002-01, art. V, § 17, 6-5-2002)
Sec. 36-347. - Concentration or mass limits.
Pollution Discharge limits in Categorical Pretreatment Standards will be expressed as either
concentration or mass limits. Whenever concentration limits are specified equivalent mass limits will be
provided wherever possible. In the regulation of industrial Discharges the Authority may use either
concentration or mass limits.
(Ord. No. 2002-01, art. V, § 18, 6-5-2002)
Sec. 36-348. - Notification of change in Discharge.
All industrial Dischargers shall notify the Authority in advance of any substantial changes in the volume
or character of the pollutants in their Discharge, including listed or characteristic hazardous waste for
which the Industrial User has submitted notification under 40 CFR 403.12.
(Ord. No. 2002-01, art. V, § 19, 6-5-2002)
Sec. 36-349. - Notification of hazardous waste.
(a) The Industrial User shall notify the POTW, the EPA Regional Waste Management Division
Director, and state hazardous waste authorities in writing of any Discharge into the POTW of a
substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such
notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA
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hazardous waste number, and the type of Discharge (continuous, batch, or other). If the Industrial User
Discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification
shall also contain the following information to the extent such information is known and readily available
to the Industrial User: An identification of the hazardous constituents contained in the wastes, an
estimation of the mass and concentration of such constituents in the waste stream Discharged during
that calendar month, and an estimation of the mass of constituents in the waste stream expected to be
Discharged during the following twelve months. All notifications must take place within 180 days of the
effective date of the ordinance from which this article is derived. Industrial Users who commence
Discharging after the effective date of the ordinance from which this article is derived shall provide the
notification no later than 180 days after the Discharge of the listed or characteristic hazardous waste.
Any notification under this subsection shall be submitted only once for each hazardous waste
Discharged. However, notifications of changed Discharges must be submitted under 40 CFR 403.12(j).
The notification requirement in this section does not apply to pollutants already reported under the
self-monitoring requirements of 40 CFR 403.12(b), (d), and (e).
(b) Dischargers are exempt from the requirements of subsection (a) of this section during a calendar
month in which they may Discharge no more than fifteen kilograms of hazardous wastes, unless the
wastes are acute hazardous wastes as specified in 40 CFR 261.30 (d) and 40 CFR 261.33(e).
Discharge of more than fifteen kilograms of nonacute hazardous wastes in a calendar month, or of any
quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 40 CFR 261.33(e), requires a
one-time notification. Subsequent months during which the Industrial User Discharges more than such
quantities of any hazardous waste do not require additional notification.
(c) In the case of any new regulation under section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous waste, the
Industrial User must notify the POTW, the EPA Regional Waste Management Waste Division Director,
and state hazardous waste authorities of the Discharge of such substance within 90 days of the
effective date of such regulations.
(d) In the case of any notification made under this section, the Industrial User shall certify that it has a
program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical.
(Ord. No. 2002-01, art. V, § 20, 6-5-2002)
Secs. 36-350—36-375. - Reserved.
DIVISION 3. - PRIVATE WASTEWATER DISPOSAL
Sec. 36-376. - Private Sewage disposal system; connection Public Sewers.
Sec. 36-377. - Owner's responsibility.
Sec. 36-378. - Noninterference with state requirements.
Sec. 36-379. - Private Wastewater Disposal System compliance.
Secs. 36-380—36-410. - Reserved.
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Sec. 36-376. - Private Sewage disposal system; connection Public Sewers.
(a) Where a public sanitary or combined sewer is not available under the provisions of division 2, the
building sewer shall be connected to a private Sewage disposal system complying with all requirements
of the county health department.
(b) At such time as a public sewer becomes available to a property served by a private Sewage
disposal system, as provided in division 2, a direct connection shall be made to the Public Sewer in
compliance with this article; and any septic tanks, cesspools and similar private sewage disposal
facilities shall be abandoned and filled with suitable material.
(Ord. No. 2002-01, art. III, §§ 1, 2 6-5-2002)
Sec. 36-377. - Owner's responsibility.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all
times, at no expense to the Authority.
(Ord. No. 2002-01, art. III, § 3, 6-5-2002)
Sec. 36-378. - Noninterference with state requirements.
No statement contained in this division shall be construed to interfere with any additional requirements
that may be imposed by the appropriate state agency.
(Ord. No. 2002-01, art. III, § 4, 6-5-2002)
Sec. 36-379. - Private Wastewater Disposal System compliance.
The type, capacities, location and layout of a Private Wastewater Disposal System shall comply with all
local, county, state, and federal requirements. No permit shall be issued for any Private Wastewater
Disposal Systems employing subsurface soil absorption facilities where the area of the lot is less than
three-fourths acre. No septic tank or cesspool shall be permitted to Discharge to any Public Sewer or
Natural Outlet.
(Ord. No. 2002-01, art. III, § 5, 6-5-2002)
Secs. 36-380—36-410. - Reserved.
DIVISION 4. - BUILDING SEWERS AND CONNECTIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
36-411. - Classes of permits; fees.
36-412. - Costs borne by the owner; indemnification.
36-413. - Separate sewer for each building; old sewers.
36-414. - Sewer pipe specifications.
36-415. - Joints and connections.
36-416. - Minimum grade.
36-417. - Building Sewer installation and connection.
36-418. - Excavations to be barricaded.
36-419. - No connection without adequate capacity.
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Secs. 36-420—36-450. - Reserved.
Sec. 36-411. - Classes of permits; fees.
(a)
Classes. There shall be three classes of Building Sewer permits:
(1)
Residential;
(2)
Commercial; and
(3)
Industrial.
(b) Application and fees. In any case, the owner or his agent shall make application on a special form
furnished by the Authority. The permit application shall be supplemented by any plans, specifications or
other information considered pertinent in the judgment of the Authority Manager. A minimum permit and
inspection fee of $10.00 for a residential, $25.00 for a commercial, and $50.00 for an industrial Building
Sewer permit shall be paid to the Authority at the time the application is filed.
(Ord. No. 2002-01, art. IV, § 1, 6-5-2002)
Sec. 36-412. - Costs borne by the owner; indemnification.
All costs and expenses incidental to the installation and connection of the Building Sewer shall be
borne by the owner. The owner or the person installing the Building Sewer for the owner shall indemnify
the Authority from any loss or damage that may directly or indirectly be occasioned by the installation of
the Building Sewer.
(Ord. No. 2002-01, art. IV, § 2, 6-5-2002)
Sec. 36-413. - Separate sewer for each building; old sewers.
(a) A separate and independent Building Sewer shall be provided for every building, except where
one building stands at the rear of another on an interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley, court, yard or driveway, the Building Sewer
from the front building may be extended to the rear building and the whole considered as one Building
Sewer. Other exceptions will be allowed only by special permission granted by the Authority.
(b) Old building sewers or portions thereof may be used in connection with new buildings only when
they are found, on examination and testing by the inspector or representative, to meet all requirements
of this article.
(Ord. No. 2002-01, art. IV, §§ 3, 4, 6-5-2002)
Sec. 36-414. - Sewer pipe specifications.
The building sewer shall be constructed of any of the following types of pipe meeting the current ASTM
specifications:
(1)
Plastic (ABS) ASTM D 1527 SDR 35
(2)
Plastic (PVC) ASTM D 1785 SDR 35
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(3)
Asbestos-cement (AC) ASTM C-428 C1-2400;
(4)
Cast iron extra heavy ASTM A-74; or
(5)
Nonreinforced concrete ASTM C-14 extra strength.
If installed in filled or unstable ground, the building sewer shall be of cast iron extra heavy
pipe, except that other types of pipe may be used if laid on a suitable improved bed or cradle
as approved by the inspector.
(Ord. No. 2002-01, art. IV, § 5, 6-5-2002)
Sec. 36-415. - Joints and connections.
All Building Sewer joints and connections shall be made gas tight and water tight and shall conform to
the requirements of the current building and plumbing codes. Asbestos-cement or concrete sewer pipe
joints shall be of rubber ring, flexible compression type, similar and equal to joints specified for vitrified
clay pipe. The joints and connections shall conform to the manufacturer's recommendations.
(Ord. No. 2002-01, art. IV, § 6, 6-5-2002)
Sec. 36-416. - Minimum grade.
The size and slope of the Building Sewer shall be subject to the approval of the inspector, but in no
event shall the diameter be less than four inches. Minimum grade shall be as follows:
(1)
Six-inch pipe: One-eighth-inch per foot or one inch per 8 feet; 1 percent.
(2)
Four-inch pipe: One-fourth inch per foot or two inch per 8 feet; 2 percent.
(Ord. No. 2002-01, art. IV, § 7, 6-5-2002)
Sec. 36-417. - Building Sewer installation and connection.
(a) Whenever possible, the Building Sewer shall be brought to the buildings at an elevation below the
basement floor. No Building Sewer shall be laid parallel to, or within three feet of, any bearing wall
which might thereby be weakened. The depth shall be sufficient to afford protection from frost. All
excavations required for the installation of a Building Sewer shall be open trench work unless otherwise
approved by the inspector. Pipe laying and backfill shall be performed in accordance with current ASTM
specifications, except that no backfill shall be placed until the work has been inspected by the inspector
or representative.
(b) In all buildings in which any Building Drain is too low to permit gravity flow to the Public Sewer,
Sanitary Sewage carried by such drains shall be lifted by artificial means and discharged to the Building
Sewer, subject to approval by the inspector.
(c) The connection of the Building Sewer into the Public Sewer shall be made at the Wye Branch
designated for the property if such branch is available at a suitable location. Any connection not made
at the designated Wye Branch in the main sewer shall be made only as directed by the inspector.
(d) The applicant for the Building Sewer shall notify the inspector when the Building Sewer is ready
for inspection and connection to the Public Sewer. The connection shall be made under the supervision
of the inspector or representative.
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(Ord. No. 2002-01, art. IV, §§ 8—11, 6-5-2002)
Sec. 36-418. - Excavations to be barricaded.
All excavations for Building Sewer installation shall be adequately guarded with barricades and lights so
as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed
in the course of the work shall be restored in a manner satisfactory to the Authority.
(Ord. No. 2002-01, art. IV, § 12, 6-5-2002)
Sec. 36-419. - No connection without adequate capacity.
No connection will be allowed unless there is capacity available in downstream sewers, pump stations,
interceptors, force mains and treatment plant including capacity for BOD and suspended solids in the
treatment plant as determined by the Authority.
(Ord. No. 2002-01, art. IV, § 13, 6-5-2002)
Secs. 36-420—36-450. - Reserved.
DIVISION 5. - POWERS, AUTHORITY AND ENFORCEMENT
Sec. 36-451. - Right of entry; observance of safety rules, indemnification.
Sec. 36-452. - Noncompliance, authority to remedy.
Sec. 36-453. - Abatement, Emergency Authority.
Sec. 36-454. - Revocation of treatment services.
Sec. 36-455. - Enforcement remedies.
Sec. 36-456. - Commencement of legal action.
Sec. 36-457. - Right to request interpretation, stay of proceedings.
Sec. 36-458. - Upset.
Sec. 36-459. - Defense criteria.
Sec. 36-460. - Bypass.
Secs. 36-461—36-490. - Reserved.
Sec. 36-451. - Right of entry; observance of safety rules, indemnification.
(a) The Authority Manager and other duly authorized employees or representatives of the Authority,
bearing proper credentials and identification, shall be permitted to enter upon all properties for the
purpose of inspection, observation, measurement, sampling and testing in accordance with the
provision of this article. The Authority Manager or duly authorized representatives shall have no
authority to inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper or
other industries beyond that point having a direct bearing on the kind and source of Discharge to the
sewers and waterways of facilities for waste treatment. The Authority reserves the right to inspect and
copy any and all such records as are required to be kept under this article and those records deemed
necessary to enforce the industrial pretreatment sections of this article.
(b) While performing the necessary work on private properties referred to in subsection (a) of this
section, the Authority Manager or duly authorized employees of the Authority shall observe all safety
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rules applicable to the premises established by the company; and the company shall be held harmless
for injury or death to the employees, and the Authority shall indemnify the claims and demands for
personal injury or property damage asserted against the company and growing out of the gauging and
sampling operation, except as such may be caused by negligence or failure of the company to maintain
safe conditions as required by this article.
(Ord. No. 2002-01, art. VI, §§ 1, 2, 6-5-2002)
Sec. 36-452. - Noncompliance, authority to remedy.
Noncompliance with Pretreatment standards, Industrial User Discharge permits or other state, federal
or local requirements by any Industrial User is hereby deemed a nuisance, the arrest and prevention of
which shall be specifically enforceable by the Authority. The Authority shall have the power and
authority to seek an injunction where necessary to prevent or remedy noncompliance with this article.
(Ord. No. 2002-01, art. VI, § 3, 6-5-2002)
Sec. 36-453. - Abatement, Emergency Authority.
If, in the opinion of the Authority or the Authority Manager, any Discharge of pollutants to the POTW
reasonably appears to present an imminent endangerment to the health or welfare of persons, the
Authority or the Authority Manager shall notify the User responsible for the Discharge that it must take
immediate action to abate the risk, including the cessation of the Discharge endangering the health or
welfare of persons. If the User does not immediately respond to such notice, the Authority or the
Authority Manager shall be authorized to take such actions as are necessary to halt or prevent any
such Discharge, including emergency suspension of service. This shall be known as the Authority's
Emergency Authority.
(Ord. No. 2002-01, art. VI, § 4, 6-5-2002)
Sec. 36-454. - Revocation of treatment services.
The Authority reserves the right to revoke treatment services to any Industrial User that:
(1)
Fails to report factually the characteristics of its Discharge;
(2)
Fails to report changes in Discharge characteristics or constituents;
(3)
Refuses access to its premises by duly authorized Authority representatives; or
(4)
Violates other conditions of this article.
(Ord. No. 2002-01, art. VI, § 5, 6-5-2002)
Sec. 36-455. - Enforcement remedies.
When a violation of this article, Industrial User permit, order, or compliance schedule is not corrected in
a timely manner; or when, in the opinion of the Authority any Discharge presents or may present an
endangerment to the environment or threatens to interfere with the operation of the POTW, the
Authority shall have recourse to the following administrative enforcement remedies:
(1) Notification of violation. Whenever the POTW finds that any Industrial User has violated or is
violating this article, or Industrial User Discharge permit, or order issued under this article, the
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Authority Manager or the Authority Manager's agent may serve upon such User written notice of
the violation. Within ten days of the receipt date of this notice, an explanation of the violation and a
plan for the satisfactory correction and prevention thereof, to include specific requirement actions,
shall be submitted to the Authority Manager. Submission of this plan in no way relieves the User of
liability for any violations for any violations occurring before or after receipt of the notice of
violation.
(2) Consent orders. The Authority Manager is hereby empowered to enter into consent orders,
assurances of voluntary compliance, or other similar documents establishing an agreement with
the Industrial User responsible for the noncompliance. Such orders will include compliance
schedules, stipulated fines or remedial actions, and signatures of the Authority Manager and
industry representatives. Consent orders shall have the same force and effect as administrative
orders issued pursuant to subsection (4) of this section.
(3) Cause order. The Authority Manager may order any User which causes or contributes to
violation of, Industrial User Discharge permit, or order issued under this article, to show cause why
a proposed enforcement action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested) at least ten days prior to the
hearing. Such notice may be served on any principal executive, general partner, or corporate
officer. Whether or not a duly notified Industrial User appears as noticed, enforcement action may
be pursued as appropriate.
(4) Compliance order. When the Authority Manager finds that an Industrial User has violated or
continues to violate this article or an Industrial User Discharge Permit or order issued under this
article, the Authority Manager may issue an order to the Industrial User responsible for the
Discharge directing that, following a specified time period, sewer service shall be discontinued
unless adequate treatment facilities, devices, or other related appurtenances have been installed
and are properly operated, and compliance is achieved. Orders may also contain such other
requirements as might be reasonable, necessary and appropriate to address the noncompliance,
including the installation of pretreatment technology, additional self-monitoring, and management
practices.
(5) Cease and desist orders. When the Authority Manager finds that an Industrial User has
violated or continues to violate this article or any permit or order issued under, this article, the
Authority Manager may issue an order to cease and desist all illegal or unauthorized Discharges
immediately.
a.
In an emergency, the order to cease and desist may be given by telephone.
b. In nonemergency situations, the cease and desist order may be used to suspend or
permanently revoke Industrial User Discharge permits.
c.
The cease and desist order may order the Industrial User to take such appropriate
remedial or preventative action as may be needed to properly address a continuing or
threatened violation, including halting operations and terminating the Discharge.
(6) Administrative fines. Notwithstanding any other section of this article, any User who is found
to have violated any provision of this division, or permits and orders issued under this division,
shall be fined in an amount not to exceed $1000.00 per violation. Each day on which
noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such
assessments may be added to the User's next scheduled sewer service charge and the Authority
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Manager shall have such other collection remedies, as the Authority Manager has, to collect other
service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual
User's property. Industrial Users desiring to dispute such fines must file a request for the Manager
to reconsider the fine within ten days of being notified of the fine. Where the Authority Manager
believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving
the request from the Industrial User.
(7)
Emergency suspensions.
a. The Authority Manager may suspend the wastewater treatment service and/or Industrial
User Discharge permit of an Industrial User whenever such suspension is necessary in order
to stop an actual or threatened Discharge presenting or causing an imminent or substantial
endangerment to the health or welfare of persons, the POTW, or the environment.
b. Any User notified of a suspension of the Wastewater treatment service and/or the
Industrial User Discharge permit shall immediately stop or eliminate its contribution. In the
event of a User's failure to immediately comply voluntarily with the suspension order, the
Authority Manager shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The Authority Manager shall allow the
User to recommence its Discharge when the endangerment has passed unless the
termination proceedings set forth in subsection (8) of this section are initiated against the
User.
c.
An Industrial User which is responsible, in whole or in part, for imminent endangerment
shall submit a detailed written statement describing the causes of the harmful contribution
and the measures taken to prevent any future occurrence to the Authority Manager prior to
the date of the hearing described in subsection (7)b. of this section.
(8) Termination of permit. Significant Industrial Users proposing to Discharge into the POTW
must first obtain an Industrial User Discharge permit from the control authority. Any User who
violates anyone of the following conditions of this article or an Industrial User Discharge permit or
order, or any applicable or state and federal law, is subject to termination:
a.
Violation of Industrial User Discharge permit conditions.
b. Failure to accurately report the Wastewater constituents and characteristics of its
Discharge.
c.
Failure to report significant changes in operations or Wastewater constituents and
characteristics.
d. Refusal of reasonable access to the User's premises for the purpose of inspection,
monitoring, or sampling.
Noncompliant Industrial Users will be notified of the proposed termination of their
Industrial User Discharge permit and be offered an opportunity to show cause under
subsection (3) of this section why the proposed action should not be taken.
(Ord. No. 2002-01, art. VI, § 6, 6-5-2002)
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Sec. 36-456. - Commencement of legal action.
Following the entry of any order by the Authority board regarding the conduct of a Discharger contrary
to the provisions of section 36-454, the attorney for the Authority board may, following authorization by
the Authority board, commence an action for appropriate legal relief in the local court. The Authority
shall also be authorized to take such actions as are necessary to halt or prevent any Discharge which
presents or may present an endangerment to persons, to the environment, or which threatens to
interfere with the operation of the POTW.
(Ord. No. 2002-01, art. VI, § 7, 6-5-2002)
Sec. 36-457. - Right to request interpretation, stay of proceedings.
Any Discharger shall have the right to request in writing an interpretation or ruling by the Authority on
any matter covered by this article and shall be entitled to a prompt written reply. If such an inquiry deals
with matters of compliance with this article, for which enforcement activity relating to alleged violation is
the subject of the Discharger's request, the request may stay all enforcement proceedings pending
receipt of the article written reply. Stays shall not be granted where such action results in a threat to the
environment, the POTW, or to public health and safety. Appeal of any final judicial order entered
pursuant to this article may be taken in accordance with local and state law.
(Ord. No. 2002-01, art. VI, § 8, 6-5-2002)
Sec. 36-458. - Upset.
(a) Definition. For the purpose of this section the term "upset" means an exceptional incident in which
there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because
of factors beyond the reasonable control of the User. An upset does not include noncompliance caused
by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of
preventative maintenance or careless or improper operation.
(b) Upset constitutes defense. An upset shall constitute an affirmative defense to an action brought
for noncompliance with Categorical Pretreatment Standards if the requirements of subsection (c) of this
section, are met.
(c) Demonstration. A User who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(1)
An upset occurred and the User can identify the cause of the upset.
(2) The facility was, at the time, being operated in a prudent and worker-like manner and in
compliance with applicable operation and maintenance procedures.
(3) The User has submitted the following information to the Authority Manager within 24 hours of
becoming aware of the upset. (If this information is provided orally, a written submission must be
provided within five days):
a.
A description of the indirect Discharge and cause of the noncompliance.
b. The period of noncompliance, including exact dates and times, or, if not corrected, the
anticipated time the noncompliance is expected to continue.
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c.
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the
noncompliance.
(d) Burden of proof. In any enforcement proceeding, the User seeking to establish the occurrence of
an upset shall have the burden of proof.
(e) Judicial review. No determination made in the course of the review of the alleged upset shall
constitute final agency action subject to judicial review. Users will have the opportunity for a judicial
determination on any claim of upset only in enforcement action brought for noncompliance with
Categorical Pretreatment Standards.
(f) Control of Discharges. Users shall control production of all Discharges subject to Categorical
Pretreatment Standards upon reduction, loss, or failure of its treatment system. This requirement
applies in situations where, among other things, the primary source of power to the treatment facility is
reduced, lost, or fails.
(Ord. No. 2002-01, art. VI, § 9, 6-5-2002)
Sec. 36-459. - Defense criteria.
(a) Affirmative defense. A User shall have an affirmative defense in any action brought against it
alleging a violation of section 36-332, which results in Pass Through of pollutants or Interference with
POTW operations where the User can demonstrate that:
(1) It did not know or have, reason to know that its discharge, alone or in conjunction with a
Discharge or Discharges from other sources, would cause Pass Through or Interference; and
(2) A local limit designed to prevent Pass Through and/or Interference, as the case may be, was
developed in accordance with this article for each pollutant in the User's Discharge that caused
Pass Through or Interference, and the User was in compliance with each such local limit directly
prior to and during the Pass Through or Interference; or
(3) If a local limit designed to prevent Pass Through and/or Interference, as the case may be,
has not been developed for the pollutants that caused the Pass Through or Interference, the
User's Discharge directly prior to and during the Pass Through or Interference did not change
substantially in nature or constituents from the User's prior Discharge activity when the POTW was
regularly in compliance with the POTW's NPDES permit requirements and, in the case of
Interference, applicable requirements for Sewage Sludge use or disposal.
(b) Not a defense. Industrial users do not have an affirmative defense for the Discharge of pollutants
that result in the presence of toxic gases, vapors, or fumes within a POTW in a quantity that may cause
acute worker health or safety problems; pollutants that create a fire or explosion hazard in the POTW
including waste streams that have a closed cup flashpoint of less than 140 degrees Fahrenheit or 60
degrees Celsius using the test methods specified in 40 CFR 261.21 (1990); or pollutants that will cause
corrosive structural damage to the POTW. Discharges that have a pH lower than 5.0 shall not be
Discharged unless the POTW is specifically designed to accommodate the Discharges and has been
approved by the approval authority. Hauled or trucked Discharges are prohibited, except at Discharge
points designated by the POTW, but only when trucked or hauled in compliance with state and federal
hazardous waste and liquid industrial waste laws.
(Ord. No. 2002-01, art. VI, § 10, 6-5-2002)
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Sec. 36-460. - Bypass.
(a) Allowance of Bypass. A User may allow any Bypass to occur which does not cause Pretreatment
standards or requirements to be violated, but only if it also is for essential maintenance to ensure
efficient operation. These Bypasses are not subject to the provision of subsections (b) and (c) of this
section.
(b)
Notice.
(1) If a User knows in advance of the need for a Bypass, it shall submit prior notice to the
Authority Manager, if possible at least ten days before the date of the Bypass.
(2) A User shall submit oral notice of an unanticipated Bypass that exceeds applicable
Pretreatment standards to the Authority Manager within 24 hours from the time the User becomes
aware of the Bypass. A written submission shall also be provided within five days of the time the
User becomes aware of the Bypass. The written submission shall contain a description of the
Bypass and its cause; the duration of the Bypass, including exact dates and time, and, if the
Bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the Bypass. The Authority Manager
may waive the written report on a case-by-case basis if the oral report has been received within 24
hours.
(c)
Prohibition of Bypass.
(1) Bypass is prohibited, and the Authority may take enforcement action against a User for a
bypass unless:
a. Bypass is unavoidable to prevent loss of life, personal injury, or Severe Property
Damage;
b. There were no feasible alternatives to the Bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate back-up equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a Bypass
which occurred during normal periods of equipment downtime or preventative maintenance;
and
c.
The User submitted notices as required under subsection (b) of this section.
(2) The Authority Manager may approve an anticipated Bypass, after considering its adverse
effects, if the Authority Manager determines that it will meet the three conditions listed in
subsection (c)(1) of this section.
(Ord. No. 2002-01, art. VI, § 11, 6-5-2002)
Secs. 36-461—36-490. - Reserved.
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DIVISION 6. - CONDITIONS OF SERVICE
Sec.
Sec.
Sec.
Sec.
36-491. - Responsibilities for construction.
36-492. - Authority held harmless.
36-493. - Subject to inspection.
36-494. - Residential equivalency unit.
Sec. 36-491. - Responsibilities for construction.
(a) At the time of original construction of the Public Sewer, the Authority shall install that portion of the
Building Sewer from the Public Sewer to the lot or easement line off all occupied premises. The
Authority shall maintain, at its expense, the Public Sewer. Those customers making connections at the
time of original construction of the Public Sewer shall install, at their expense, that portion of the
Building Sewer from the lot or easement line to their premises. Customers shall maintain, at their
expense, the Building Sewer.
(b) Those customers making connections subsequent to the time of original construction of the Public
Sewer shall install, at their expense, that portion of the Building Sewer from the Public Sewer to the lot
or easement line in addition to that portion of the Building Sewer from the lot or easement line to their
premises.
(Ord. No. 2002-01, art. VIII, §§ 1, 2, 6-5-2002)
Sec. 36-492. - Authority held harmless.
The Authority shall, in no event, be held responsible for claims made against it by reason of the
breaking of any mains or service laterals, or by reason of any other interruption of the service caused
by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to
damages nor have any portion of a payment refunded for any interruption.
(Ord. No. 2002-01, art. VIII, § 3, 6-5-2002)
Sec. 36-493. - Subject to inspection.
The premises receiving Sanitary Sewer service shall, at all reasonable hours, be subject to inspection
by duly authorized personnel of the Authority.
(Ord. No. 2002-01, art. VIII, § 4, 6-5-2002)
Sec. 36-494. - Residential equivalency unit.
The township board shall periodically, by resolution, establish a residential equivalency unit (REU)
factor charge for new construction in sewer special assessment district no. 2 which occurs subsequent
to December 5, 2001.
(Ord. No. 2002-03, 11-20-2002)
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Chapter 38 - WATERWAYS [38]
(38)
Cross reference— Buildings and building regulations, ch. 8; environment, ch. 14; floods, ch. 18; land divisions
and subdivision regulations, ch. 20; planning, ch. 26; streets, sidewalks and other public places, ch. 30; zoning,
ch. 40; water access and dock density regulations, § 40-906 et seq.
ARTICLE II. - WATERCRAFT CONTROL
ARTICLE II. - WATERCRAFT CONTROL
[39]
(39)
State Law reference— Watercraft and marine safety, MCL 324.80101 et seq.; local regulation, MCL
324.80110 et seq.
Sec.
Sec.
Sec.
Sec.
38-27. - Speed on Goshorn Lake.
38-28. - Speed limits on certain areas of Kalamazoo River.
38-29. - Lights required at night.
All words and phrases used in this article shall be construed and shall have the same meanings as
those words and phrases defined in Part 801 of Public Act No. 401 of 1994 (MCL 324.80101 et seq.).
(Ord. No. 15, § I, 5-21-1971)
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Sec. 38-27. - Speed on Goshorn Lake.
On the waters of Goshorn Lake (section 3, township 3 north, range 16 west, Saugatuck Township; and
section 34, township 4 north, range 16 west, Laketown Township in the county), it is unlawful for the
operator of a vessel to exceed a slow-no wake speed.
(Ord. No. 15, § II, 5-21-1971)
Sec. 38-28. - Speed limits on certain areas of Kalamazoo River.
(a) On the waters of the Kalamazoo River, at a line extending westward from 62nd Street to 63rd
Street (section 23, township 3 north, range 16 west in the township), it is unlawful for the operator of a
vessel to exceed a slow-no wake speed. The boundaries of the area described in this subsection shall
be marked with signs and with buoys. All buoys must be placed as provided in a permit issued by the
appropriate state agency and shall be in conformance with the state uniform waterway marking system.
(b) On the waters of the Kalamazoo River located in the township, extending from the entrance piers
of Lake Michigan southerly to a line extending westward from the south side of Mason Street, Village of
Saugatuck, across the Kalamazoo River, it is unlawful for the operator of a vessel to exceed a slow-no
wake speed.
(Ord. No. 6, § A, 6-21-1963; Ord. No. 69, § 1, 7-9-1997)
Sec. 38-29. - Lights required at night.
All watercraft, other than vessels whose lighting requirements are covered by existing state or federal
laws or regulations, used on the waters of Saugatuck Harbor shall, during the hours of darkness or low
visibility, display one white light visible through an arc of 360 degrees and of such intensity as to be
visible on a dark night with a clear atmosphere at a distance of at least one mile.
(Ord. No. 6, § B, 6-21-1963)
Chapter 39 - TEMPORARY AND SEASONAL USES
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
39-1. - Purpose.
39-3. - Temporary uses.
39-4. - Seasonal uses.
39-5. - Exemptions.
39-6. - Signs and setbacks.
39-7. - Standards, conditions and hearings for temporary uses:
39-8. - Application materials.
39-9. - Revocation of permit.
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The purpose of this chapter is to provide for temporary uses within the township through an
administrative process.
(Ord. No. 2008-01, § 1, 5-7-2008)
Seasonal use. As used in this chapter, a seasonal use is a temporary use associated with a particular
time of the year. This would include, but not be limited to, Christmas tree sales, roadside sales of farm
produce, fireworks sales, and similar activities.
Temporary use. As used in this chapter, a temporary use is a land use with a defined limited duration of
time.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-3. - Temporary uses.
(a) Upon application, the township zoning administrator may issue a temporary use permit for a
temporary office building, for a temporary storage building or area for construction materials or
equipment, or for the temporary occupancy of a recreational vehicle at a construction site, when
incidental to and necessary for construction at the site where located. Each temporary use permit shall
be valid for a period of not more than six calendar months and may be renewed by the township zoning
administrator for one additional period six months or less at the same location if still incidental to and
necessary for construction at the site where located.
(b) Upon application, the township zoning administrator may issue a permit for a temporary sales
office or model home which is both incidental to and necessary for the sale or rental of real property in
a new development. Each temporary use permit shall specify the location of the office and area. It shall
be valid for a period of not more than six calendar months and may be renewed by the township zoning
administrator for two additional successive periods of six months or less each at the same location if
still incidental to and necessary for the sale or rental of real property in a new development.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-4. - Seasonal uses.
(a) Upon application, the township zoning administrator may issue a temporary use permit for a
seasonal use.
(b) In considering a request for a temporary use permit for a seasonal use, the township zoning
administrator must determine that the use is seasonal in nature and will not be a permanent use. Not
more than two seasonal uses are allowed on an individual parcel at the same time.
(c) A temporary use permit for a seasonal use shall be valid for a period of not more than two
calendar months. The permit may be renewed by the township zoning administrator for up to two
additional successive periods of up to two calendar months each, provided the season or event to
which the use relates is continued.
(Ord. No. 2008-01, § 1, 5-7-2008)
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Sec. 39-5. - Exemptions.
Garage sales, yard sales, or similar events are exempt from this chapter if held for a duration of less
than two weeks. Also exempt from this chapter is the sale of produce and other commodities grown or
raised on the premises on which they are sold, together with incidental products not produced on the
premises if the incidental products do not constitute a substantial inventory of total items for sale.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-6. - Signs and setbacks.
(a) The following signs for temporary uses are allowed in addition to the signs allowed in chapter 40
of this Code, subject to the requirements in this section:
(1) Two back-to-back signs not to exceed 16 square feet in area are allowed for each temporary
use on the parcel. A separate sign permit must be secured for each sign.
(2) Signs for temporary uses must comply with chapter 40 of this Code, except as stated in this
section, and they shall not be permanently mounted in the ground.
(b) Setbacks for temporary uses from the lot lines and the road rights-of-way may be modified from
the requirements of chapter 40 of this Code, but they shall not be less than 40 feet from any road
right-of-way or front lot line, not less than 30 feet from the rear lot line, and not less than 15 feet from
any side lot line.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-7. - Standards, conditions and hearings for temporary uses:
(a) In considering authorization for a temporary use permit, the township zoning administrator shall
consider the following standards:
(1) The proposed temporary use must not have an unreasonable detrimental effect upon
adjacent properties or the general area.
(2)
The proposed temporary use must not create an unreasonable traffic hazard.
(3)
Adequate off-street parking must be available to accommodate the proposed temporary use.
(4) No parking space minimally required for any other on-going use may be occupied by the
proposed temporary use.
(5) Any other permits or approvals necessary from other governmental agencies for a particular
proposed temporary use must be submitted at the time of the application for the proposed
temporary use (e.g., approval from the fire safety officer for temporary sales of fireworks).
(b) The township zoning administrator may impose reasonable conditions upon an approved
temporary use permit.
(c) If the township zoning administrator denies a temporary use permit, the applicant may request a
hearing before the township board to review the denial. The township zoning administrator may also
exercise discretion to request that the township board review and decide an application.
Page 171 of 415
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(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-8. - Application materials.
The following items shall be submitted to the township zoning administrator for review before a
temporary use permit application may be considered:
(1)
A completed permit application shall be submitted.
(2) A narrative shall be submitted, describing the type of any items to be sold, and the duration
of the temporary use. The narrative shall also state any special or unusual circumstances
regarding any structures or the products stored on site (e.g., fireworks), where toilet facilities are
located, hours of operation, number of employees on site, and arrangements for trash collection.
(3)
Any required approvals from other governmental agencies shall be submitted.
(4) Written authorization from the owner for the use of the property on the days requested shall
be included.
(5) A site plan with dimensions shall be submitted, showing the locations of all structures, tents,
signs, traffic ingress and egress, parking areas, and any other information reasonably requested
by the township zoning administrator to make a competent decision regarding the application.
(6) If tents are being used, the number and size proposed shall be included, along with flame
spread certificates for each.
(7)
Payment of any fees required by the township shall be submitted.
(Ord. No. 2008-01, § 1, 5-7-2008)
Sec. 39-9. - Revocation of permit.
(a) Any changes in the application, site plan, narrative or the temporary use itself must be submitted
in writing to the township zoning administrator for additional review and approval. Absent that review
and approval, the changes may invalidate the temporary use approved by the township.
(b) If any conditions placed upon of the temporary use permit or any requirements of this code are
violated, the permit may be revoked by the township.
(c) The holder of a temporary use permit shall be given advance written notice before the township
zoning administrator considers the revocation of that temporary use permit.
(d) If the township zoning administrator revokes a temporary use permit, the revocation may be
appealed to the township board. The township zoning administrator may request that the township
board consider and decide any possible revocation of a temporary use permit.
(Ord. No. 2008-01, § 1, 5-7-2008)
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Chapter 40 - ZONING [40]
(40)
Cross reference— Buildings and building regulations, ch. 8; environment, ch. 14; floods, ch. 18; land divisions
and subdivision regulations, ch. 20; planning, ch. 26; streets, sidewalks and other public places, ch. 30;
waterways, ch. 38.
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT
ARTICLE III. - ZONING DISTRICTS
ARTICLE IV. - ZONING MAP AND OVERLAY DISTRICTS
ARTICLE V. - SUPPLEMENTARY REGULATIONS
ARTICLE VI. - SPECIAL APPROVAL USES
ARTICLE VII. - GENERAL SITE STANDARDS AND SPECIFIC REGULATIONS APPLICABLE TO CERTAIN
PERMITTED OR SPECIAL APPROVAL LAND USES
ARTICLE VIII. - PLANNED UNIT DEVELOPMENTS
ARTICLE IX. - SITE PLAN REVIEW
ARTICLE X. - ACCESS MANAGEMENT
ARTICLE XI. - LANDSCAPE STANDARDS
ARTICLE XII. - WATER ACCESS AND DOCK DENSITY REGULATIONS
ARTICLE XIII. - REVIEW AND APPROVAL OF SITE CONDOMINIUM PROJECTS
ARTICLE XIV. - WIRELESS COMMUNICATIONS TOWERS AND ANTENNAS
ARTICLE XV. - NONCONFORMING BUILDINGS, STRUCTURES AND USES
ARTICLE XVI. - USES
ARTICLE XVII. - ZONING AREA DESCRIPTIONS BY SECTION
ARTICLE XVIII. - DIMENSIONAL STANDARDS FOR COMMERCIAL ZONED DISTRICTS
ARTICLE XIX. - TREE PRESERVATION
ARTICLE XX. - WIND ENERGY TURBINES
(40)
State Law reference— Township rural zoning act, MCL 125.271 et seq.; township planning, MCL 125.321 et seq.
(Back)
Sec. 40-1. - Effect.
Sec. 40-3. - Scope, interpretation and control.
Sec. 40-4. - Legal basis.
Sec. 40-6. - Rules of construction.
Sec. 40-1. - Effect.
No Building, Structure or land shall be used or occupied, and no Building or Structure or part thereof
shall be constructed, reconstructed, erected, moved, placed, extended, enlarged, razed or altered,
except for ordinary maintenance and repairs, unless a permit for such activity has first been obtained
from the Zoning Administrator, and such activity must comply with the terms and conditions of this
Page 173 of 415
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chapter.
(Ord. No. 39, § 1.02, 5-20-1987)
(a)
This chapter is based upon the township general development plan and is designed to:
(1)
Promote the public health, safety and general welfare;
(2) Encourage the use of land in accordance with its character and adaptability and to limit the
improper Use of land;
(3) Conserve natural resources and energy, to meet the needs of the state's residents for food,
fiber and other natural resources; places of residence, recreation, industry, trade, service; and
other Uses of land;
(4)
Ensure that Uses of land shall be situated in appropriate locations and relationships;
(5)
Avoid the overcrowding of population;
(6)
Provide adequate light and air;
(7)
Lessen congestion on Streets;
(8)
Reduce hazards to life and property;
(9) Facilitate the adequate provision of a system of transportation, sewage disposal, safe and
adequate water supply, education, recreation and other public requirements; and
(10) Conserve the expenditure of funds for public Improvements and services so as to obtain the
most advantageous Uses of land, resources and properties.
(b) This chapter is adopted with reasonable consideration, among other things, for the character of
each zoning district; its peculiarity for particular Uses; the conservation of property values and natural
resources; and the general and appropriate trend and character of land, Building and population
development.
(Ord. No. 39, § 1.04, 5-20-1987)
Sec. 40-3. - Scope, interpretation and control.
This chapter shall repeal, abrogate and annul the prior township zoning ordinance and any and all
amendments thereto. However, this chapter shall not repeal, abrogate, annul or in any way impair or
interfere with existing provisions of other laws, ordinances or regulations, except those repealed by
specific reference, or with private restrictions placed upon property by covenant, deed, private
agreement or appropriate court order or with lawful restrictive covenants running with the land. Where
this chapter imposes greater restrictions, limitations or requirements upon the Use of Buildings,
Structures, or land, the height of Buildings or Structures, Lot coverage, Lot Areas, Yards or other open
spaces, or any other Use or utilization of land than are imposed or required by such existing laws,
ordinances, regulations, private restrictions, or restrictive covenants, the sections of this chapter shall
control, except as state law and/or the rules and regulations promulgated thereunder shall preempt or
control.
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(Ord. No. 39, § 1.06, 5-20-1987)
Sec. 40-4. - Legal basis.
This chapter is enacted pursuant to the Michigan Zoning Enabling Act, Public Act No. 110 of 2006, as
amended.
(Ord. No. 39, § 1.08, 5-20-1987; Ord. No. 2007-01, § 1, 3-7-2007)
Amendments to this chapter shall be as provided by the Michigan Zoning Enabling Act, Public Act No.
110 of 2006, as amended.
(Ord. No. 39, § 1.14, 5-20-1987; Ord. No. 2007-01, § 2, 3-7-2007)
Sec. 40-6. - Rules of construction.
The following listed rules of construction shall apply to the text of this chapter:
(1)
The particular shall control the general.
(2) With the exception of this section and section 40-7, the headings which title an article,
division, section or subsection are for convenience only and are not to be considered in any
construction or interpretation of this chapter or as enlarging or restricting the terms and provisions
of this chapter in any respect.
(3) The term "used" or "occupied," as applied to any land or Building, shall be construed to
include the term "intended, arranged, or designed to be used or occupied."
(4) Any word or term not defined in section 40-7 shall be considered to be defined in accordance
with its common use.
(Ord. No. 39, § 2.00, 5-20-1987)
The terms and words defined in this section shall apply in the interpretation and enforcement of this
chapter, unless otherwise specifically stated. The following words, terms and phrases, when used in
this chapter, shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Access Management (Access Control) means a technique to improve traffic operations along a major
roadway and decrease the potential for accidents through the control of driveway locations and design;
consideration of the relationship of traffic activity for properties adjacent to and across from one
another; and the promotion of alternatives to direct access. Methods used include construction of
frontage roads, service drives, and shared driveways, as well as medians or islands to restrict ingress
and/or egress.
Accessory Use, Accessory Building and Accessory Structure mean a Use, Building or Structure on the
same Parcel with and of a nature customarily incidental and subordinate to the Principal Use, Building
or Structure.
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Alter means any change in the supporting members of a Building or Structure, such as bearing walls,
columns, beams or girders, and any substantial change in the roof, or addition or subtracting from an
existing Building or Structure, not meant to include ordinary maintenance and repairs or any change in
the topography of land.
Amusement Park means a Parcel of land which has been planned and approved for commercially
supplying various forms of entertainment and refreshments, other than fairgrounds, drive-in movies and
racetracks.
Apartment means a Building or Structure used and/or arranged for rental occupancy or cooperatively
owned by its occupants, having five or more self-contained Dwelling Units.
Arterial Street means as defined by the appropriate state agency as a Street where the movement of
through traffic is the primary function, with service to adjacent land Uses a secondary function (i.e.,
limited).
Automobile Service Station means any Building, land area or other premises used for the retail
dispensing or sale of vehicular fuels. Also included may be facilities for companion or Accessory Uses
such as the following:
(1) Minor automobile maintenance, service or repair, including but not limited to the sale and
installation of lubricants, tires, batteries, and similar automobile accessories.
(2) The preparation and sale of food items for consumption on or off the premises, including
drive-up and drive-through windows.
(3)
The sale of convenience foods, snacks, sundries and general merchandise.
(4)
Automatic or manual autowashes.
The term "Automobile Service Station" does not include bulk fuel distribution; major automobile
maintenance, service or repair such as rebuilding or reconditioning of engines, chassis or trailers;
collision service including body repair and frame straightening; painting and upholstering; steam
cleaning and undercoating.
Any Automobile Service Station, including all companion or Accessory Uses, having the capacity to
provide fuel or service or both to any commercial Motor Vehicle (i.e., having a gross vehicle weight of at
least 26,000 pounds or being designed to transport at least 16 passengers including the driver) and
otherwise meeting the definition of Truck Stop as contained in this section shall, for the purposes of this
chapter be classified and regulated as a Truck Stop.
Basement means that portion of a Building or Structure located below the first floor joists or horizontal
supports with at least half of its clear ceiling height being below the level of the adjacent ground.
Bed and Breakfast means the same as "Inn."
Billboard means any Structure, including the wall of any Building, on which lettered, figured, or pictorial
matter is displayed for advertising a business, service, product or entertainment which is not conducted
on the land upon which the Structure is located or products not primarily sold, manufactured, processed
or fabricated on such land, or within the Building or Structure upon which the advertising display is
located.
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Bluffline means the line which is the edge or crest of the elevated segment of the Shoreline above Lake
Michigan which normally has a precipitous front inclining steeply on the lakeward side.
Boardinghouse means an established Dwelling-type Structure which, for compensation, provides
accommodations for other than transient lodging with meals furnished.
Buffer Yard means a strip of land often required between certain zoning districts reserved for plant
material, berms, walls, or fencing to serve as a visual barrier
Building means any Structure erected on-site, a Mobile Home or mobile Structure, a premanufactured
or precut Structure, above or below ground, designed primarily for the shelter, support or enclosure of
persons, animals or property of any kind.
Building, Detached, means a Building having no structural connection with another Building or
Structure; except the extension of an unroofed wall or deck between two Buildings or Structures shall
not be considered a structural connection.
Building, Front Line of, means a line drawn parallel to and touching that part of a Building or Structure
which is closest to the Front Lot Line.
Building Height, means in the case of a principal building, the vertical distance measured from the
average finished grade to the highest point of flat roofs, to the deck line of mansard roofs, and the
average height between eaves and the ridge of gable, hip, and gambrel roofs. The height of an
accessory building shall be determined as the distance between the peak and the ground floor of the
accessory building.
Building Permit means a permit signed by the building official and the Zoning Administrator stating that
the proposed Building activity or Improvement complies with the provisions of the state building code;
county health regulations; this chapter; and such other statutes, ordinances, rules and regulations as
shall be applicable.
Building, Principal, means a Building or Structure in which is conducted the main or Principal Use of the
Lot or Parcel upon which such Building or Structure is located. Where an Accessory Building is
attached to the Principal Building by roof, floor and one or more walls, such Accessory Building shall be
considered as a part of the Principal Building or Structure.
Building Setback means the measurement from the property line to the nearest point of any Building or
Structure, whether below, upon, or above grade level. Access steps may be located within the Building
Setback. Porches are considered as part of the Building or Structure and may not be located within the
Building Setback.
Business Sign. See Signs.
Cellar means the same as "Basement."
Cemetery means land used principally for the burial of the remains of deceased humans or animals and
so dedicated for that purpose, including land upon which are located columbariums, mausoleums and
mortuaries.
Certificate of Use and Occupancy means a certificate signed by both the building official and the Zoning
Administrator stating that the use and/or occupancy of a Building, Structure or Parcel requiring such a
certificate shall be permitted.
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Clinic means a Building or Structure where services are provided to patients or clients by licensed
physicians, chiropractors, dentists, opticians, attorneys, or similarly state-licensed professionals.
Commercial means a Principal Use other than residential, manufacturing, storage or warehousing
which predominantly deals with providing goods manufactured elsewhere and services performed on
the subject Parcel of land.
Condominium means a Building or cluster of Buildings consisting of self-contained units that are subject
to the provisions of the condominium act, Public Act No. 59 of 1978 (MCL 559.101 et seq.) whether for
residential, business, commercial, industrial or storage Uses; not meaning to include a Mobile Home
Park Condominium.
Directional Sign. See Signs.
Dwelling means any Building, Structure or portion thereof which is occupied in whole or in part as a
home, residence, or sleeping place, either permanently or temporarily, by one or more Families, but not
meaning to include Motels, Hotels or tourist rooms or cabins.
Dwelling, Multifamily (Triplex or Quadruplex), means a Detached Building or Structure containing three
or four Dwelling Units designed for the use and occupancy by one Family in each Dwelling Unit with
each unit containing housekeeping facilities.
Dwelling, Single-Family, means a Detached Building or Structure, including a Mobile Home, containing
one Dwelling Unit, designed for the use and occupancy of one Family only and containing
housekeeping facilities.
Dwelling, Two-Family (Duplex) means a Detached Building or Structure containing two Dwelling Units,
designed for the use and occupancy of one Family in each unit with each unit containing housekeeping
facilities.
Dwelling Unit means one or more rooms designed for use or occupancy by one Family for living and
sleeping purposes with housekeeping facilities (subject to the minimum Floor Area requirements of the
particular zoned district).
Essential Service Signs. See Signs.
Family means:
(1) An individual or group of two or more persons related by blood, marriage or adoption,
including those related as foster children and servants, together with not more than one additional
unrelated person, where domiciled together as a single, domestic, nonprofit housekeeping unit in
a Dwelling Unit; or
(2) A collective number of individuals domiciled together in one Dwelling Unit whose relationship
is of a continuing nontransient domestic character and who are cooking and living as a single
nonprofit housekeeping unit.
The term "Family" does not include any society, club, fraternity, sorority, association, lodge, coterie,
organization, or group of students or other individuals whose domestic relationship is of a transitory or
seasonal nature or for an anticipated limited duration of a school term or other similar determinable
period.
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Farm, General, means any tract of land, regardless of size or area, devoted to general agricultural
activities including a related Dwelling Unit and Buildings accessory to the general agricultural Use.
Farm, Specialized, means any tract of land used for specialized animal or poultry operations such as
apiaries, animal and poultry cage operations, stockyards, livestock feedyards, Piggeries, hatcheries or
similar intensive animal or poultry production. Such Farms may include a related Dwelling Unit and
Buildings accessory to the special agricultural Use.
Fence, Privacy, means a lineal and vertical Structure that is or a series of plantings that are built and/or
located and/or planted and maintained so as to continuously, in all seasons, separate the Parcel upon
which such Structure is or plantings are located from outside visual observation to the height specified
and/or required.
Floor Area means as follows:
(1) Residential. The gross finished Floor Area of all floors of a Building or additions to an existing
Building, excluding the Basement.
(2) Other. The gross area of all floors including the Basement, except that portion thereof
containing heating, cooling and other basic utility equipment.
Floor Area, Ground, means the square foot area of a Building or Structure, including any additions
thereto, with its largest outside dimensions computed on a horizontal plane at the ground floor level,
exclusive of open porches, breezeways, terraces, Garages, and exterior stairways. A bilevel, split-level
or similar Building or Structure may use, to meet the square foot ground area requirements, the nearest
level adjoining the ground floor level, exclusive of areas used for storage, furnace, hot water heater and
other similar mechanical apparatus.
Foster Care Facility means an establishment licensed by the state under Public Act No. 218 of 1979
(MCL 400.701 et seq.) or Public Act No. 116 of 1973 (MCL 722.111 et seq.) which provides
supervision, assistance, protection or personal care, in addition to room and board, to persons. A
Foster Care Facility does not include a home for the aged or nursing home, licensed under Article 17 of
Public Act No. 368 of 1978 (MCL 333.20101 et seq.) or a mental hospital for mental patients licensed
under Public Act No. 258 of 1974 (MCL 330.1001 et seq.). The term "Foster Care Facility" is further
defined to include the following:
(1)
Family Home means a facility which provides foster care to six or fewer persons.
(2)
Group Home means a facility which provides foster care to seven or more persons.
Garage, Private, means an Accessory Building located on residentially used property for the primary
purpose of noncommercial storage of Motor Vehicles used by the occupants of the Principal Building.
Garage, Public, means any Building, except a Building defined as a Private Garage, used for the
storage or maintenance of Motor Vehicles or where such vehicles are equipped or stored for
remuneration, hire or sale.
Grade, Average, means a reference plane representing the average of finished ground level adjoining
the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the
reference plane shall be established by the lowest points within the area between the building and the
Lot Line or, when the Lot Line is more than six feet from the building, between the building and a point
six feet from the building.
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Grade, Finished, means the lowest point of elevation between the exterior wall of the structure and a
line five feet from the exterior wall of the structure.
Group Day Care Home means a private residence licensed by the state in which the operator
permanently resides as a member of the household in which more than six but not more than 12 minor
children are given care and supervision for periods of less than 24 hours a day unattended by a parent
or legal guardian, except children related to an adult member of the Family by blood, marriage, or
adoption. The term "Group Day Care Home" includes a home that gives care to unrelated minor
children for more than four weeks during a calendar year.
Half Story means that part of a Building between a Pitched Roof and the upper-most full story, such
part having a floor area which does not exceed one-half of the floor area of the full story, provided the
area contains at least 200 square feet and contains a clear height of at least 7½ feet at its highest point.
Home Occupation means an occupation customarily conducted within a Dwelling by its occupants as a
subordinate Use.
Hotel means a Building or related Buildings containing sleeping units, with or without attached
accessory stores, restaurants, and services, the sleeping units not independently accessible from the
outside of the Buildings and accommodating transient Motor Vehicle travelers.
House Trailer. See Mobile Home.
House Trailer Park. See Mobile Home Park.
Identifying Sign. See Signs.
Improvements means those features associated with or incidental to a project which are considered
necessary or desirable by the body or official granting zoning approval to protect natural resources or
the health, safety and welfare of the township residents and/or future users or inhabitants of the
proposed project area, which features include Buildings, Structures, changes of topography,
excavations, roadways, lighting, utilities, sidewalks, screening, drainage, Parking Areas and
landscaping.
Industrial Use means the processing and/or manufacturing and/or production of products or raw
materials; the assembly and/or fabrication of component parts; and the processing and/or packaging of
raw materials, parts, products or other results of processing, manufacturing, production, assembly or
fabrication, and the warehousing or storage of such or other items of property.
Inn means an established Dwelling-type Structure providing sleeping accommodations and meals for
principally transient guests for compensation.
Junkyard and Scrapyard mean any Parcel or tract of land where worn, deteriorated, obsolete,
discarded, scrapped, junk or waste materials are bought, sold, exchanged, stored, disassembled or
handled, including Motor Vehicles, used Building materials, structural steel materials, and appliances.
Kennel means any Parcel or tract of land, Building or Structure where four or more cats and/or dogs six
months of age or older are boarded, housed, or bred, whether or not for Commercial purposes.
Located means moved to a Parcel or tract of land substantially intact.
Lodginghouse. See Roominghouse.
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Lot means a piece or Parcel of land occupied or intended to be occupied by a Principal Building or a
group of such Buildings and Accessory Structures, or utilized for a Principal Use and Accessory Uses,
together with such open spaces as are required by this chapter. Also known as a piece, Parcel or tract
of land.
Lot Area means the total horizontal area included within Lot Lines. Where a Lot Line is the centerline of
a Street or Private Road or lies in part or in whole in the Street or Private Road right-of-way area, the
required Lot Area shall not include that part of the Lot located within the Street or Private Road
right-of-way.
Lot, Corner, means a Lot or Parcel of land located at the intersection of two or more Streets or Private
Roads (or one of each), where the corner interior angle formed by the intersection of the Streets or
Private Roads (or one of each) is 135 degrees or less; or a Lot or Parcel of land abutting upon a curved
Street or Private Road if tangents to the curve, at the two points where the Lot Lines meet the curve,
form an interior angle of 136 degrees or less.
Lot Depth means the average horizontal distance between the Front Lot Line to the Rear Lot Line.
Lot, Front Line (Front Lot Line), means that line of a Lot which abuts upon a public or private Street or
right-of-way or, at the option of the owner, as determined prior to the construction or location of a
Principal Building, which abuts upon a lake, stream or similar body of water, but not to include any
portion of a Lot which extends or is platted into a public right-of-way, alley or lake, stream or similar
body of water. The Lot Line opposite to the front of the Principal Building. For a Corner Lot, see the
definition of Lot, Corner.
Lot, Interior, means a Lot other than a Corner Lot.
Lot, Rear Line (Rear Lot Line), means that Lot Line which is opposite and most distant from the Front
Lot Line as defined in this section, but not to include any portion of a Lot which extends or is platted into
a public right-of-way, alley or lake, stream or similar body of water.
Lot, Side Line (Side Lot Line), means any Lot Line not qualifying as a Front or Rear Lot Line. A Side Lot
Line separating a Lot from a Street or public right-of-way shall be known as a Street Side Lot Line. A
Side Lot Line separating a Lot from another Lot shall be known as an interior Side Lot Line.
Lot, Substandard (Substandard Lot, Substandard Parcel), means a Lot or Parcel of land of record or a
Lot or Parcel of land which is described in a land contract or deed executed and delivered before the
effective date of the ordinance from which this chapter derives or any applicable amendments thereto
which does not have adequate depth or width to provide the Minimum Required Setback. In the High
Risk Erosion Area Overlay District, the term "Lot, Substandard" also means those Lots or Parcels of
land which are legally created with sufficient depth to meet Setback requirements for Permanent
Structures, but which subsequently become substandard due to erosion processes.
Lot Width means the mean horizontal distance between the sidelines as measured at right angles to
such Lot Lines. Where Side Lot Lines are not parallel, the Lot Width shall be the average horizontal
distance between such Side Lot Lines.
Lowest Floor means the Lowest Floor of the lowest enclosed area, including Basement.
Manufactured Home includes Mobile Homes, park trailers, Travel Trailers, and other similar vehicles
placed on site for more than 180 consecutive days (see the definition contained in section 59.1 of the
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final rules of the Federal Emergency Management Agency (FEMA) published in the Federal Register
regarding the National Flood Insurance Program (NFIP), Floodplain Management Criteria).
Marina means a facility providing dockage for watercraft owned or possessed by other than the owner
or party in possession of the Parcel, or bona fide guests of the owner or party in possession, upon
which the facility is located or appurtenant to, irrespective of whether or not watercraft and/or related
equipment and supplies are sold or serviced.
Mobile Home means a Structure, transportable in one or more sections, which is built on a chassis and
designed to be used as a Dwelling, with or without permanent foundation, when connected to the
required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained
in the Structure. The term "Mobile Home" does not include a Recreational Vehicle, included in the
definition of "Manufactured Home" in section 59.1 of the final rules published by the Federal Emergency
Management Agency (FEMA) in the Federal Register regarding the National Flood Insurance Program
(NFIP), Floodplain Management Criteria.
Mobile Home Location Overlay District means an area within the agricultural zone district specially
designated to allow the construction, location and use of Mobile Home.
Mobile Home Park means a Parcel or tract of land upon which three or more Mobile Homes are
Located on a continual nonrecreational basis and which is offered to the public for that purpose
regardless of whether a charge is made therefor, together with any Building, Structure, enclosure,
Street, equipment, or facility used or intended for use incidental to the occupancy of a Mobile Home
and which is not intended for use as a temporary or recreational trailer park. Also defined as a
Manufactured Home park by the National Flood Insurance Program.
Mobile Home Park Condominium means a Condominium project in which Mobile Homes defined in
section 2(g) of Public Act No. 96 of 1987 (MCL 125.2302(g)) will be Located upon separate sites which
constitute individual Condominium units. Also defined as a Manufactured Home park Condominium by
the National Flood Insurance Program.
Mobile Home Park, Seasonal (Seasonal Mobile Home Park), means a Parcel or tract of land under the
control of a person upon which three or more Mobile Homes are Located on a continual or temporary
basis but occupied on a temporary basis only, and which is offered to the public for that purpose
regardless of whether a charge is made therefor, together with any Building, enclosure, Street,
equipment, or facility used or intended for use incident to the occupancy of a Mobile Home. The term
"Seasonal Mobile Home Park" does not include a campground licensed pursuant to Part 125 of Public
Act No. 368 of 1978 (MCL 333.12501 et seq.).
Mobile Home Site and Mobile Home Space mean that portion of a Mobile Home Park set aside and
designated for occupancy and accommodation of an individual home.
Mobile Home Subdivision means an area in which Mobile Homes are placed on Lots subdivided,
surveyed, recorded and sold in accordance with Public Act No. 288 of 1967 (MCL 560.101 et seq.), as
distinguished from a Mobile Home Park). Also defined as a Manufactured Home subdivision by the
National Flood Insurance Program.
Modular Home means the same as the definition of Mobile Home, except that it is not built on a chassis
which would accommodate axles and wheels, the construction of which complies fully with the state
building code. Also defined as a Manufactured Home by the National Flood Insurance Program.
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Motel means a Building or group of Buildings on the same Lot, whether detached or in connected rows,
containing sleeping units which may or may not be independently accessible from the outside and
designed principally to accommodate transient Motor Vehicle travelers. The term "Motel" includes any
Building or Building groups designated as "motor lodges," "motor Inns," "transient cabins," or by any
other title intended to identify them as providing lodging, with or without meals, for compensation on a
transient basis.
Motor Vehicle means every device in, upon, or by which any person or property is or may be
transported or drawn upon land by the use of an engine or motor, excepting devices propelled by
human power or used exclusively upon stationary rails or tracks.
Multifamily Dwelling means a Building or Structure consisting of at least two but less than five Dwelling
Units, (including Duplexes, Triplexes and Quadruplexes, but not Apartments or Townhouses).
Nameplate. See Signs.
Nominal Centerline means the line paralleling and equal distance between the two right-of-way lines
that define a Street or a Private Road.
Nonconforming Use and Nonconforming Structure mean a Structure, Building, plot, Lot, Parcel of land,
premises or land lawfully used or occupied at the time of the enactment of the ordinance from which
this chapter derives or at the time of any subsequent amendments to this chapter that does not conform
to this chapter when adopted or amended. However, Uses existing prior to the adoption of the
ordinance from which this chapter derives or any amendments thereto, resulting from Variances
granted, Special Approval Uses or Planned Unit Development approvals or as a consequence of
administrative error shall not, following the adoption of the ordinance from which this chapter derives or
any amendments thereto, be considered Nonconforming Uses and shall not be treated as such under
this chapter.
Nuisance means any use of land, water, Buildings or Structures which has an unreasonable adverse
impact upon neighboring air, water, vegetation or topography and/or which has an unreasonable
adverse sensory and/or economic impact upon neighboring owners, occupants or users of land, as a
result of noise, heat, dust, smoke, odors, light, glare, traffic, vibration, erosion, water use or
mismanagement, pollution, electrical emissions or other adverse consequences of such Use.
Nuisance Per Se means to Alter, construct, develop, place or use any Parcel of land or any Building,
Dwelling, or Structure in violation of the requirements of this chapter.
Parcel means a continuous area or acreage of land which is under the same ownership at the time of
enactment of the ordinance from which this chapter derives or any applicable amendments thereto.
Parking Area, Parking Space and Parking Lot mean an off-street open area, the Principal Use of which
is for the parking of Motor Vehicles, whether for compensation or not. The term "Parking Area" includes
access drives to, from or within the actual Parking Area.
Pier means a Structure extending from land over water which affords passage for persons and property
to and from watercraft and land; may also be known as a wharf or dock.
Piggery means the raising or keeping of more than 20 weaned pigs.
Planned Unit Development (PUD) includes such terms as "cluster zoning," "planned development,"
"community unit plan," "planned residential development," and other terminology denoting zoning
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requirements designed to accomplish the objectives of this chapter through a land development project
review process based on the application of site planning criteria to achieve integration of the proposed
land development project with the characteristics of the project area. See section 16c of the Zoning Act
(MCL 125.286c).
Planning Commission means the township Planning Commission.
Portable Sign. See Signs.
Principal Use and Main Use mean the primary or predominant Use of a Lot or Parcel of land.
Privacy Fence. See Fence, Privacy.
Private Road means a privately owned and maintained right-of-way which affords traffic circulation and
principal means of access to abutting property, including any internal road, private access drive or
Private Roadway.
Real Estate Sign. See Signs.
Recreational Vehicle means a vehicle designed to be used primarily for recreational purposes,
including temporary sleeping quarters and/or cooking facilities, or a unit designed to be attached to a
vehicle and used for such purposes, including self-propelled motor homes, pickup campers, Travel
Trailers and tent trailers.
Restaurant, Full-Service, means an establishment where food and drink are prepared, served, and
consumed primarily within the Principal Building.
Restaurant, Takeout or Drive-In, means an establishment where food and/or beverages are sold in a
form ready for consumption, where all or a significant portion of the consumption takes place or is
designed to take place outside the confines of the restaurant, and where ordering and pickup of food
may take place from an automobile.
River's Edge means the ordinary high water mark of a river or stream. The line between upland and
bottomland which persists through successive changes in water levels, below which the presence in
action of the water is so common or recurrent that the character of the land is marked distinctly from the
upland and is apparent in the soil itself, the configuration of the surface of the soil and vegetation.
Where water returns to its natural level as the result of the permanent removal or abandonment of a
damn. It also means the natural ordinary high water mark.
Roadside Market and Roadside Stand mean a temporary Structure designed or used for the display
and/or sale of agricultural products produced on the premises upon which the market or stand is
Located and which can be removed at the end of any given growing season.
Roof, Flat, means a roof with no slope or with a slope not exceeding one-eighth inch per foot.
Roof, Pitched, means a roof that has a slope exceeding one-eighth inch per foot.
Roominghouse means an established Dwelling-type Structure providing sleeping accommodations for
compensation, usually without meals provided.
Salvage Yard and Scrapyard. See Junkyard, Scrapyard and Salvage Yard.
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Setback, Minimum Required (Minimum Required Setback), means the minimum horizontal distance a
Permanent Structure or any portion thereof is required to be located from the Bluffline in the High Risk
Erosion Area Overlay District, from the River's Edge in the R-2 zoned district, from the closest edge of
an adjoining public right-of-way or from the boundaries of the Lot or Parcel of land upon which the
Permanent Structure is to be located.
Shoreland means the land, water, and land beneath the water which is in close proximity to the
Shoreline of Lake Michigan.
Shoreline means that area of the Shorelands of Lake Michigan where land and water meet.
Signs include the following:
(1)
Billboards as defined in this section.
(2) Business Sign means any Structure, including the wall of any Building or Structure, on which
lettered, figured, or pictorial matter is displayed for advertising a business, service, product or
entertainment which is legally registered with the State on the land where the Structure is located,
or products primarily sold, manufactured, processed, or fabricated on such land, or within the
Building or Structure, upon which the advertising display is located.
(3)
Directional Sign means a Sign which serves only to give direction to a location.
(4)
Essential Service Sign means a Sign denoting utility lines, hazards and precautions.
(5)
Home Occupation Sign means a Sign which serves only to identify the Home Occupation.
(6)
Identifying Sign means any Structure on the same premises it serves to identify which:
a. Tells the name, history, and/or Use of any public or semipublic Building or recreation
space, club, lodge, church, or other public or semipublic institution;
b. Tells the name and/or address of an Apartment, Condominium, Dwelling, Hotel, Inn,
Lodging house, Motel or similar Use; or
c.
Informs the public as to the use of a Parking Lot.
(7) Nameplate means a Structure affixed flat against the wall of a Building or Structure which
serves solely to designate the name or the name and profession or business occupation of a
person occupying or so using the Building or Structure.
(8) Real Estate Sign means any Structure used only to advertise pertinent information for the
sale, or long term rental or leasing (for periods longer than six months) of the premises or a
portion thereof upon which such Sign is located.
(9) Temporary Sign means any Sign not permanently secured or anchored, including
construction Signs denoting architect, engineer, and/or contractor, but not including Portable or
Real Estate Signs, as defined in this section.
(10) Portable Sign means any Sign affixed to a movable trailer whether the Sign is readily
movable or permanently affixed, typically equipped with interchangeable letters, either illuminated
or not.
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(11) Seasonal Rental Sign means any sign advertising the rental or leasing (for periods of six
months or less) of the premises or a portion thereof upon which such Sign is located.
Special Approval Use includes Uses of land not essentially incompatible with the zoning of the land and
the Uses permitted in the zoning district where the land lies, but which Uses require individual review by
the Planning Commission according to the terms of this chapter. See section 16b of the Zoning Act
(MCL 125.286b).
Story means that portion of a Building included between the upper surface of any floor and the upper
surface of the floor immediately above, except that the top Story shall be that portion of a Building
included between the upper surface of the uppermost floor and the roof immediately above. A
Basement shall be considered a full Story only if 50 percent or more of the vertical distance between
the Basement floor and the Basement ceiling is above the ground level from which the height of the
Building is measured.
Street means a publicly owned and maintained right-of-way which affords traffic circulation and
principal means of access to abutting property, including any avenue, place, way, drive, lane, highway,
boulevard, road or other thoroughfare, including an alley.
Street, Major, means a Street designated as a State Highway, County primary or County section line
road, ½ section line road, ¼ section line road, ? section line road, or other road classified as a Major
Street on the Saugatuck Township Street Classification Map attached as Exhibit E.
Street, Minor, means any Street not classified as a Major Street.
Structure, Movable (Movable Structure), means a Permanent Structure which is determined to be
movable based upon a review of the design and the size of the Structure and a review of the capability
of the proposed Structure to withstand normal moving stresses, requiring a site review by the Planning
Commission to determine whether the Structure is accessible to moving equipment.
Structure, Permanent (Permanent Structure), means a residential Building, Commercial Building,
industrial Building, institutional Building, Mobile Home, Accessory Buildings and related Buildings, water
systems, septic systems, tile fields, or other waste handling facilities erected, installed, or moved onto a
Parcel of property.
Temporary Sign. See Signs.
Tourist Home means a Building, other than a Hotel, Boardinghouse, Roominghouse, Lodginghouse,
Hotel or Motel, where lodging is provided by a resident Family in its home for compensation, mainly for
transients and usually without meals provided.
Townhouse means the same as the definition of Apartment.
Travel Trailer means a transportable unit intended for occasional or shortterm occupancy during travel,
recreational use or vacation Use. See Recreational Vehicle.
Truck Stop means any facility which has the capacity to provide fuel or service or both to any
commercial Motor Vehicle (i.e., having a gross vehicle weight of at least 26,000 pounds or being
designed to transport at least 16 passengers including the driver). A facility shall be deemed to have
the capacity to provide fuel to any commercial vehicle if it has more than two diesel fuel dispensers or if
it has one or more master-slave diesel fuel dispenser which allows a vehicle to be filled with diesel fuel
from two sides simultaneously.
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Usable Floor Area means the Floor Area of a Dwelling or Structure exclusive of Garages, porches,
Basement or utility areas.
Use means the employment or occupation of a Building, Structure or land or a service, benefit or
enjoyment.
Variance means a modification of the specific requirements of this chapter granted by the Zoning Board
of Appeals in accordance with the terms of this chapter responsive to a request for such modification.
Water's Edge means the point where water is presumed to meet land at the 579.8 IGLD level,
irrespective of whether such level is actually above, at, or below the surface of any given body of water.
Yard means a required open space, other than a court, which is unoccupied and unobstructed by any
Building or Structure or portion thereof; provided, however, that fences, walls, poles, pots, and other
customary Yard accessories, ornaments, and furniture may be permitted in any Yard subject to height
limitations and any requirements limiting obstruction of visibility.
Yard, Front, means a Yard extending across the full width of a Lot, between the Front Lot Line and the
front of the Principal Building or Structure, as if extended to the Side Lot Lines, the required depth of
which is the average shortest distance between the Front Lot Line and the main front wall of a Principal
Building or Structure, excluding open porch and steps.
(1) For waterfront Lots, the Yard fronting on either the Street or the water shall be considered the
Front Yard, at the option of the owner of the Parcel to be exercised prior to construction or location
of the Principal Building.
(2) For any Lot having frontage on two or more intersecting or not intersecting Streets, the Front
Yard shall be determined by the established front of an existing Principal Building. If an existing
Principal Building located on the Lot has no established front, as such, or if the Lot is vacant of a
Principal Building, the Front Yard of such a Lot shall be adjacent to the longest Street frontage,
and if the Street frontage is similar, the Front Yard shall be that portion of the Lot adjacent to the
most improved Street. If the improvement of the Streets is similar, the Front Yard shall be
determined at the option of the owner of the Parcel, to be exercised prior to construction or
location of the Principal Building.
Yard, Rear, means a Yard extending across the full width of a Lot, between the Rear Lot Line and the
back wall of a Principal Building or Structure, excluding open porches and steps, as if extended to the
Side Lot Lines, the required depth being the shortest average distance between the Rear Lot Line and
the main wall of a Principal Building or Structure.
Yard, Side, means a Yard extending from the Front Yard to the Rear Yard, the required width of such
being the shortest distance between the main sidewall of a Principal Building or Structure and the Side
Lot Line.
Zoning Act, means the Michigan Zoning Enabling Act, Public Act No. 110 of 2006, as amended.
Zoning Administrator, means the township Zoning Administrator.
Zoning Board of Appeals and Board of Appeals, mean a board appointed in conformance with the
requirements of the Zoning Act to consider requests for Variances and to otherwise act in accordance
with the requirements of the Zoning Act and/or this chapter.
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(Ord. No. 39, § 2.02, 5-20-1987; Ord. No. 51, § 2, 6-15-1994; Ord. No. 58, § 4, 2-21-1996; Ord. No. 63,
§ 2, 11-6-1996; Ord. No. 71, §§ 1—3, 10-1-1997; Ord. No. 77, art. XIII, 6-3-1998; Ord. No. 88, art. VIII,
2-21-2001; Ord. No. 2002-02, art. 2, 6-27-2002; Ord. No. 2004-02, § 1, 7-7-2004; Ord. No. 2006-02, §
1, 5-3-2006; Ord. No. 2003-11, § 8A, 6-18-2003; Ord. No. 2007-01, § 3, 3-7-2007; Ord. No. 2007-03, §
1, 7-11-2007; Ord. No. 2009-01, § 1, 2-4-2009)
ARTICLE II. - ADMINISTRATION AND ENFORCEMENT [41]
(41)
DIVISION 2. - ZONING BOARD OF APPEALS
Sec. 40-36. - Zoning administration.
Sec. 40-37. - Zoning Administrator.
Sec. 40-38. - Permits required.
Sec. 40-39. - Certificate of Use and Occupancy.
Sec. 40-40. - Stay of activity and/or Use during appeal.
Sec. 40-36. - Zoning administration.
This chapter shall be administered and enforced by the Zoning Administrator, unless otherwise
provided.
(Ord. No. 39, § 11.00, 5-20-1987)
Sec. 40-37. - Zoning Administrator.
The Zoning Administrator shall be appointed by the township board for such a term and subject to such
conditions not inconsistent with this chapter and for such compensation as the township board shall
determine. To be eligible for appointment to the position of Zoning Administrator, an applicant must:
(1)
Be 18 years of age or older.
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(2)
Possess a valid Motor Vehicle operator's license from this state.
(3)
Be generally informed of this chapter.
(4)
Be in good health and capable of fulfilling the duties of Zoning Administrator.
(Ord. No. 39, § 11.02, 5-20-1987)
Cross reference— Officers and employees, § 2-26 et seq.
Sec. 40-38. - Permits required.
(a) Generally. No Building or Structure shall be erected, moved, placed, reconstructed, extended,
enlarged, razed or altered, except for ordinary maintenance and repairs, unless:
(1)
All requisite building and county health permits have prior thereto been obtained; and
(2) Any Building Permit, as required by the state building code, has prior thereto been issued by
the building official and upon which permit the Zoning Administrator shall have endorsed approval.
(b) Form and contents of application. The form of the application shall be approved by the Planning
Commission, in addition to the building official, and shall include such required information as will allow
a determination to be made of the compliance with the terms and provisions of this chapter. The
application shall include the following information:
(1) The location and actual dimensions of the Lot or premises to which the permit shall apply,
and the intended use of the Lot or premises.
(2)
The names of all abutting Streets and Private Roads.
(3)
The area, size and location of all Buildings or Structures to which the permit shall apply.
(4) The type of Use to be made of the land, Buildings or Structures to which the permit shall
apply.
(5)
The use of Buildings or Structures on adjoining lands.
(6)
Copies of requisite building and county health permits, if then obtained.
(c) Proprietary interest required. An application for a Building Permit shall be made only by a person
or the designated agent thereof who holds a proprietary interest in the Lot or premises upon which the
activity is proposed to be conducted, and the Zoning Administrator may require satisfactory evidence of
such proprietary interest.
(d) Accessory Buildings or Structures. Accessory Buildings or Structures, when erected, moved,
placed, reconstructed, extended, enlarged, razed or altered at the approximate time as the Principal
Building on the same Lot or premises and when shown on the application for the permit for the Principal
Building, shall not require the issuance of a separate permit. A separate permit shall be necessary if
any Accessory Building or Structure is erected, moved, placed, reconstructed, extended, enlarged,
razed or altered at a significantly different time than the Principal Building on the same Lot or premises.
(e) Planning Commission or Zoning Board of Appeals approval. When the terms of this chapter
require authorization or approval by the Planning Commission or the Zoning Board of Appeals for the
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issuance of a permit, and when the authorization or approval is received the Building Permit shall be
marked as approved by the chairperson or designated officer or official of the Planning Commission or
the chairperson or designated officer or official of the Zoning Board of Appeals in addition to being so
marked as provided by the Zoning Administrator and the Building official.
(f) Issuance. An application shall be approved, in whole or in part, or denied by the Zoning
Administrator following the receipt by the township clerk of any application for a permit. The Zoning
Administrator shall consider approval of changes in plans and specifications previously approved if the
changes require such approval and if the plans and specifications when so changed remain in
conformity with this chapter. In all cases, the proposed activity shall comply with the finally approved
application.
(g) Expiration. A permit for construction of Single- and Two-Family Dwellings and for Accessory
Buildings or Structures thereto and for the moving, placing or razing of any Building or Structure shall
expire one year after date of issuance. A permit for the erection, reconstruction, extension, enlargement
or alteration of any other Buildings or Structures shall expire two years from the date of issuance.
Following expiration, a renewed permit may only be obtained upon reapplication for the permit, which
renewed permit shall likewise expire upon similar time limits as provided in this subsection. See section
40-781 in respect to revocation of an issued Planned Unit Development.
(h) Inspections and stopping of activity and/or Use. Procedures for inspections and the stopping of
activity and/or Use are as follow:
(1) In addition to the building official, the Zoning Administrator shall have the power to suspend,
revoke or cancel a Building Permit for failure or neglect to comply with this chapter or upon a
finding by the Zoning Administrator that a false statement or misrepresentation has been made in
the application for the Building Permit.
(2) The Zoning Administrator shall periodically inspect all activities for which a Building Permit
has been issued to ensure that the activity is performed in accordance with the terms of this
chapter. This shall not be construed as to require the Zoning Administrator to inspect otherwise
than to determine compliance with the requirements of this chapter.
(3) The party to whom the Building Permit has been issued is deemed to have consented to
inspections by the Zoning Administrator of the entire premises and of any activity thereon for
which the Building Permit was issued until the Certificate of Use and Occupancy has been issued
by the building official and approved by the Zoning Administrator.
(4) Inspections shall be made between 8:00 a.m. and 5:00 p.m. on business days or during the
time the activity for which the Building Permit was issued is actually being undertaken or at such
other times as the Zoning Administrator has probable cause to believe there exists an immediate
danger to life, limb or property. Such inspections shall be solely for purposes of enforcing this
chapter. A person other than the person to whom the Building Permit was issued or the person's
agent, architect, engineer or builder shall not accompany the Zoning Administrator on an
inspection, unless such presence is necessary for the enforcement of this chapter or requested by
the Zoning Administrator.
(5) If the activity for which the Building Permit was issued is being undertaken contrary to this
chapter or contrary to the provisions of the Building Permit related to requirements of this chapter,
the building official or the Zoning Administrator shall give written notice to the holder of the
Building Permit or, if a permit has not been issued, to the person conducting the activity, notifying
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the recipient of the violation of this chapter and directing the recipient's appearance to show cause
why the activity should not be stopped. If the person doing the construction is not known or cannot
be located with reasonable effort, such a notice may be delivered to the person in charge of or
apparently in charge of the activity. If the holder of the permit or the person conducting the activity
fails to appear and show good cause within one full working (business) day after such notice is
delivered, the building official or the Zoning Administrator shall cause a written order to stop the
activity to be posted on the premises. The person shall not allow or continue such activity in
violation of such order, except with the permission of the building official or the Zoning
Administrator for purposes of abating any dangerous condition, for removing the violation, or
except by appropriate court order. If such order to stop is not obeyed, the building official or the
Zoning Administrator may apply to the county circuit court for an order enjoining the violation of
the stop order. This remedy is in addition to and not in limitation of any other remedies provided by
law or ordinance and shall not prevent a criminal prosecution for failure to obey the order.
(6) Without limitation of other available remedies, any interested person may apply to the county
circuit court for an order to enjoin the continuation of the activity undertaken which is in violation of
this chapter or the terms of the issued Building Permit in respect to this chapter.
(7) It is intended by this section to provide the Zoning Administrator with similar procedures to
enforce this chapter as are granted by law to a building official by the single state construction
code, Public Act No. 230 of 1972 (MCL 125.1501 et seq.), including all rules promulgated
thereunder. It is not the intention of this section to give the Zoning Administrator those powers or
authority reserved to the building official, nor is it the intention of this section to transfer the powers
and authority of the building official to the Zoning Administrator. Any powers or authority vested in
the Zoning Administrator by this section that are or shall become inconsistent with the single state
construction code, as amended, or any lawful rules and regulations promulgated thereunder shall
be deemed null and void. The building official shall then have the powers and authority to enforce
such sections of this chapter to make inspections and to stop any activity which is contrary to this
chapter in the stead of the Zoning Administrator, in accordance with such powers and authority
vested in the building official by such single state construction code, as amended, and the rules
and regulations promulgated thereunder.
(Ord. No. 39, § 11.04, 5-20-1987; Ord. No. 51, § 28, 6-15-1994)
Sec. 40-39. - Certificate of Use and Occupancy.
(a) Any Building or Structure for which a Building Permit shall have been issued or any Building or
Structure completed for which a Building Permit should have been issued, but was not, shall not be
used or occupied in whole or in part until a Certificate of Use and Occupancy has been issued by the
building official, upon which certificate the Zoning Administrator has affixed an endorsement of
compliance with the terms of this chapter.
(b) A Certificate of Use and Occupancy shall be approved by the Zoning Administrator when the
activity covered by the Building Permit has been completed in accordance with the applicable sections
of this chapter.
(c) On request of a holder of a Building Permit, the building official may issue a temporary Certificate
of Use and Occupancy before the entire activity covered by the Building Permit has been completed,
and the Zoning Administrator may endorse compliance thereon, if at that time the applicable sections of
this chapter have been complied with and if there is no danger to the health or safety of the occupants
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or users.
(d) The Zoning Administrator shall give the owner of the Building or Structure or the owner's agent at
least 12 hours' notice of the time of any final inspection following application for a Certificate of Use and
Occupancy being filed with the township clerk by the building official or by the building enforcing
agency.
(Ord. No. 39, § 11.06, 5-20-1987)
For procedures for a stay of activity and/or Use during an appeal, see section 40-657.
(Ord. No. 39, § 11.08, 5-20-1987)
(a) Any Building or Structure which is occupied, erected, constructed, moved, placed, reconstructed,
raised, extended, enlarged, altered, maintained or used or any use of a Lot or land which is begun,
maintained or changed in violation of any term or section of this chapter is hereby declared to be a
Nuisance Per Se. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists
the enforcement of any term or section of this chapter or any amendment to this chapter shall be
responsible for a municipal civil infraction subject to enforcement procedures as set forth in chapter 22,
article II, pertaining to municipal civil infractions and a fine of $100.00 plus costs and other sanctions for
each infraction. Each day during which any violation continues after due notice has been served shall
be deemed a separate and distinct offense. Increased civil fines may be imposed for repeated
violations of this chapter. A repeat violation means a second or subsequent municipal civil infraction
violation committed by a person within any 12-month period and for which a person admits
responsibility or is determined to be responsible. The increased civil fines for repeat violations shall be
as follows:
(1) The fine for any offense which is a first repeat offense shall be $250.00, plus costs and other
sanctions.
(2) The fine for any offense which is a second repeat offense or any subsequent repeat offense
shall be $500.00, plus costs and other sanctions.
(b) The Zoning Administrator, the township supervisor, members of the county sheriff's department
assigned to the township, members of any law enforcement agency whose services are contracted for
by the township, and any other individuals who may from time to time be appointed by resolution of the
township board are hereby designated as the authorized township officials to issue municipal civil
infraction citations as provided by chapter 22, article II, pertaining to municipal civil infractions.
(Ord. No. 39, §§ 12.00, 12.02, 5-20-1987; Ord. No. 68, §§ 12.00, 12.01, 7-9-1997)
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DIVISION 2. - ZONING BOARD OF APPEALS [42]
(42)
State Law reference— Board of appeals, MCL 125.288.
Sec. 40-71. - Created.
Sec. 40-72. - Jurisdiction and power.
Sec. 40-73. - Adoption of rules of procedure.
Sec. 40-74. - Conditions for variances.
Sec. 40-75. - Decisions.
Sec. 40-76. - Required conditions for Variance.
Sec. 40-77. - Application forms.
Sec. 40-78. - Fees.
Sec. 40-79. - Hearings and notices.
Sec. 40-81. - Removal of Board of Appeals members.
Sec. 40-82. - Alternate members.
Secs. 40-83—40-105. - Reserved.
Sec. 40-71. - Created.
There is hereby created under the Zoning Act a township Zoning Board of Appeals, referred to in this
chapter as the "Board of Appeals." The Board of Appeals shall be constituted and appointed as
provided in the Zoning Act and shall consist of three regular members and two alternate members.
(Ord. No. 39, § 10.00, 5-20-1987)
Sec. 40-72. - Jurisdiction and power.
The Board of Appeals shall have all the powers and jurisdiction granted by the Zoning Act and all
powers and jurisdiction prescribed in other sections of this chapter, including the specific power and
jurisdiction to:
(1) Hear and decide appeals from and review of any order, requirement, decision or
determination made by the Zoning Administrator or the Planning Commission. On appeal by any
party affected thereby, the Board of Appeals may reverse or affirm, wholly or partly, or may modify
any order, requirement, decision or determination of the Zoning Administrator or the Planning
Commission. Such repeal or review must be requested within 45 days of such order, requirement,
decision or determination.
(2) Act upon all questions as they may arise in the administration and enforcement of this
chapter, including the interpretation of the zoning map and the text of this chapter.
(3) Authorize a Variance or modification of this chapter where there are practical difficulties or
unnecessary hardships in carrying out the strict letter of this chapter, so that the spirit of this
chapter shall be preserved.
(Ord. No. 39, § 10.02, 5-20-1987)
Sec. 40-73. - Adoption of rules of procedure.
The Board of Appeals shall fix rules and regulations governing its procedures, and such rules and
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regulations shall be made available to the public and shall be in conformance with the terms of the
Zoning Act and this chapter.
(Ord. No. 39, § 10.04, 5-20-1987)
Sec. 40-74. - Conditions for variances.
In granting a Variance to this chapter, the Board of Appeals may impose and attach such conditions,
restrictions and requirements as it shall determine are necessary and/or appropriate. Such conditions,
restrictions and requirements may impose greater or more conditions, restrictions and requirements
than are included in this chapter. Violation of such conditions, restrictions and requirements shall be
deemed a violation of this chapter. Such conditions, restrictions and requirements may include the
provision of financial security to guarantee performance.
(Ord. No. 39, § 10.06, 5-20-1987)
Sec. 40-75. - Decisions.
The Board of Appeals shall decide all matters requiring its decision. A copy of the Board of Appeals'
decision shall be transmitted to the applicant or appellant and to the Zoning Administrator and to the
building official. Such decision shall be binding upon the Zoning Administrator and the building official
and shall be preserved by them, and they shall incorporate the terms and conditions of the Board of
Appeals' decision in any permit to the applicant or appellant whenever a permit is authorized by the
Board of Appeals. A decision of the Board of Appeals shall become final upon the expiration of five
days after the date of the decision unless the Board of Appeals shall find the immediate effect of such
decision necessary for the preservation of property or personal rights and shall so certify on the record,
in which event such decision shall have immediate effect.
(Ord. No. 39, § 10.08, 5-20-1987; Ord. No. 51, § 27, 6-15-1994)
Sec. 40-76. - Required conditions for Variance.
The Board of Appeals may grant a dimension Variance or a use Variance from the provisions or
requirements of this chapter, only if the Board of Appeals finds from reasonable evidence that all of the
applicable facts and conditions exist.
(a) For a dimension Variance, the Board of Appeals must find that all of the following facts and
conditions exist:
(1) There are exceptional or extraordinary circumstances or conditions applying to the property
in question, as to its intended use, that do not apply generally to other properties or classes of
uses in the same zone.
(2) The Variance is necessary for the preservation and enjoyment of a substantial property right
similar to that possessed by other properties or classes of uses in the same zone. The possibility
of increased financial return shall not of itself be deemed sufficient to warrant the granting of a
variance.
(3) The Variance, if granted, will not be of substantial detriment to adjacent property and will not
materially impair the intent and purpose of this chapter or the public interest.
(4)
The condition or situation of the property or its intended use is not of so general or recurrent
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a nature as to make reasonably practicable a general regulation for such condition or situation.
(5) Any exceptional or extraordinary circumstances applying to the property in question are not
self-created.
(b) For a use Variance, two-thirds of the members of the Board of Appeals must find that all of the
following facts and conditions exist.
(1) There are exceptional or extraordinary circumstances or conditions applying to the property
in question, as to its intended use, that do not apply generally to other properties or classes of
uses in the same zone.
(2) The Variance is necessary for the preservation and enjoyment of a substantial property right
similar to that possessed by other properties or classes of uses in the same zone. The possibility
of increased financial return shall not of itself be deemed sufficient to warrant the granting of a
variance.
(3) The Variance, if granted, will not be of substantial detriment to adjacent property and will not
materially impair the intent and purpose of this chapter or the public interest.
(4) The condition or situation of the property or its intended use is not of so general or recurrent
a nature as to make reasonably practicable a general regulation for such condition or situation.
(5) Any exceptional or extraordinary circumstances applying to the property in question are not
self-created.
(6) The property in question cannot be reasonably used as zoned and therefore a use Variance
is necessary.
(Ord. No. 39, § 10.10, 5-20-1987; Ord. No. 2007-01, § 4, 3-7-2007)
Sec. 40-77. - Application forms.
The Board of Appeals shall, by resolution, adopt and publish forms upon which applicants or appellants
may submit their requests for relief to the Board of Appeals.
(Ord. No. 39, § 10.12, 5-20-1987)
Sec. 40-78. - Fees.
The township board of trustees shall, from time to time, establish the fees to be paid by the applicants
requesting a decision of the Board of Appeals. Such fees shall be paid when the application for action
by the Board of Appeals is filed.
(Ord. No. 39, § 10.14, 5-20-1987)
Sec. 40-79. - Hearings and notices.
(a) The Board of Appeals shall have prepared a notice of public hearing on any application to it for its
determination, which notice shall conform to the requirements of the law.
(b) Upon the day for hearing any application or appeal, the Board of Appeals may adjourn the hearing
in order to permit the obtaining of additional information or to cause such further notice as it deems
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proper to be served upon such other property owners as it decides may be interested in such
application or appeal. For an adjourned hearing, persons previously notified and persons already heard
need not be notified of the time of resumption of such hearing unless the Board of Appeals so decides.
(Ord. No. 39, § 10.16, 5-20-1987; Ord. No. 2007-01, § 5, 3-7-2007)
For procedures for the stay of activity and/or Use during an appeal, see section 40-657.
(Ord. No. 39, § 10.18, 5-20-1987)
Sec. 40-81. - Removal of Board of Appeals members.
(a) Members of the Board of Appeals shall be removable by the Township Board for misfeasance,
malfeasance or nonfeasance in office upon written charges and after public hearing.
(b) A member shall be disqualified from a vote in which the member has a conflict of interest. Failure
of a member to disqualify himself or herself from a vote in which the member has a conflict of interest
shall constitute malfeasance in office.
(Ord. No. 2007-01, § 6, 3-7-2007)
Sec. 40-82. - Alternate members.
The Township Board may appoint not more than two alternate members for the same term as regular
members to the Board of Appeals. An alternate member may be called as specified to serve as a
member of the Board of Appeals in the absence of a regular member if the regular member will be
unable to attend one or more meetings. An alternate member may also be called to serve as a member
for the purpose of reaching a decision on a case in which the member has abstained for reasons of
conflict of interest. The alternate member appointed shall serve in the case until a final decision is
made. The alternate member has the same voting rights as a regular member of the Board of Appeals.
(Ord. No. 2007-01, § 8, 3-7-2007)
Secs. 40-83—40-105. - Reserved.
ARTICLE III. - ZONING DISTRICTS
DIVISION 2. - A-1 AGRICULTURAL ZONED DISTRICT
DIVISION 3. - A-2 RURAL OPEN SPACE ZONED DISTRICT
DIVISION 4. - R-1 RESIDENTIAL ZONED DISTRICT
DIVISION 5. - R-2 RIVERSIDE RESIDENTIAL ZONED DISTRICT
DIVISION 6. - R-3 LAKESHORE RESIDENTIAL ZONED DISTRICT
DIVISION 6B. - R-3B LAKESHORE TRANSITION ZONED DISTRICT
DIVISION 6C. - R-4 LAKESHORE OPEN SPACE ZONED DISTRICT
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DIVISION 7. - C-1 GENERAL COMMERCIAL ZONED DISTRICT
DIVISION 8. - C-2 LOCAL COMMERCIAL ZONED DISTRICT
DIVISION 9. - C-3 INTERCHANGE COMMERCIAL DISTRICT
DIVISION 10. - I-1 INDUSTRIAL ZONED DISTRICT
Sec. 40-106. - Division of township into zoned districts.
Sec. 40-107. - Allowable district boundary extensions and exceptions.
Secs. 40-108—40-135. - Reserved.
Sec. 40-106. - Division of township into zoned districts.
(a) The township shall be divided into zoned districts, as described in this section, within which
districts no Buildings, Structures or premises shall be used and no Buildings or Structures shall be
erected, altered, or located, except for the Uses and purposes set forth in this article as permitted Uses
under each separate zoned district classification and/or in section 40-1046 or as set forth as Special
Approval Uses or Planned Unit Developments, subject to such prior approval as must first be obtained
from the Planning Commission.
(b)
A-I
A2
R1
R2
R3
R3B
R4
C-l
C2
C3
I-I
The township is hereby divided into the following zoned districts:
Agricultural zoned district
Rural open space zoned district
Residential zoned district
Riverside residential zoned district
Lakeshore residential zoned district
Lakeshore transition zoned district
Lakeshore open space zoned district
General commercial zoned district
Local commercial zoned district
Interchange commercial zoned district
Industrial zoned district
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(c) The locations and boundaries of the zoned districts are hereby established as shown on a map, as
may be amended from time to time, entitled "The Zoning Map of Saugatuck Township, Allegan County,
Michigan," which accompanies and is hereby made a part of the ordinance from which this section
derives. Where uncertainty exists as to the boundaries of zoned districts as shown on the zoning map,
the following rules of construction and interpretation shall apply:
(1) Boundaries indicated as approximately following the centerlines of Streets or alleys shall be
construed to follow such centerlines.
(2) Boundaries indicated as approximately following platted Lot Lines shall be construed as
following such Lot Lines.
(3) Boundaries indicated as approximately following township boundaries shall be construed as
following township boundaries.
(4) Boundaries indicated as approximately following Shorelines or lakebeds or streambeds shall
be construed as following such Shorelines or lakebeds or streambeds and, if there is a change in
the location of Shorelines or lakebeds or streambeds, shall be construed as moving with the
Shoreline or lakebed or streambed.
(5) Boundaries indicated as approximately following property lines, section lines or other lines of
a government survey shall be construed as following such property lines, section lines or other
lines of a government survey as they exist as of the effective date of the ordinance from which this
section derives or applicable amendment thereto.
(d) In every case where land has not been included within a district on the zoning map, such land
shall be in the R-1 residential zoned district.
(Ord. No. 39, § 5.00, 5-20-1987; Ord. No. 51, § 10, 6-15-1994; Ord. No. 77, art. I, 6-3-1998; Ord. No.
2007-03, § 11, 7-11-2007; Ord. No. 2011-01, § 1, 8-3-2011)
Sec. 40-107. - Allowable district boundary extensions and exceptions.
The following rules shall apply only to the above mapped underlying zoned districts listed in subsection
40-106(b). The following rules shall not be applied when interpreting the boundaries of any overlay
district described in article IV of this chapter, or when implementing the requirements and regulations of
any such overlay district.
(a) Lots and Parcels of less than one acre. Where any Lot or Parcel of less than one acre is
divided by the boundary of a zoned district, the following rules shall apply.
(A list of four specific rules regarding determination of which zoning district applies is stated.)
(b) Lots and Parcels of one or more acres. Where a Lot or Parcel has one or more acres and is
divided by the boundary of a zoned district, each partial Lot or Parcel shall be construed as being
in the zoned district shown on the zoning map. At the time of development of the Lot or Parcel, the
zoned district regulations pertaining to a portion of the Lot or Parcel may, however, be substituted
or extended under the following circumstances and stipulations.
(A list of five rules regarding determination of which zoning district applies is stated.)
(c)
Delineation of zoned districts.
Page 198 of 415
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(1) For purposes of this section, the "more restricted district" shall be deemed that zoned
district which is less permissive, or which prohibits or does not allow a particular Use of a Lot
or Parcel, or which on balance sets a higher standard with respect to Minimum Required
Setback, Lot coverage, Yards, screening, landscaping or similar requirements.
(2)
The sequence of most restricted district to least restricted district is as follows.
(The sequences are listed in order of precedence.)
(d) Pursuant to the definition of Lot Area, no part of a Lot or Parcel located within a Street or
Private Road shall be included in the calculations for this section.
(Ord. No. 2011-01, § 2, 8-3-2011)
Secs. 40-108—40-135. - Reserved.
DIVISION 2. - A-1 AGRICULTURAL ZONED DISTRICT
Sec. 40-136. - Statement of purpose.
Sec. 40-137. - Permitted Uses.
Sec. 40-138. - Animals, fowl and poultry.
Sec. 40-139. - Accessory Buildings.
Sec. 40-140. - Lot split and area requirements.
Sec. 40-141. - Height requirements.
Sec. 40-142. - Setback requirements.
Sec. 40-143. - Permitted Signs.
Sec. 40-144. - Parking.
Sec. 40-145. - Housing for Farm Labor.
Secs. 40-146—40-180. - Reserved.
The A-1 agricultural zoned district is that area of the township where farming, dairying, forestry
operations and other similar rural-type Uses exist and should be preserved and/or encouraged. Large
vacant areas, fallow land and wooded areas are included.
(Ord. No. 39, § 5.02(A-1), 5-20-1987)
For the A-1 agricultural zoned district, see article V of this chapter for certain applicable general
sections and section 40-1046 as to specific permitted and nonpermitted Uses or those requiring
approval. Insofar as they serve the purposes outlined in section 40-136, the following are permitted
Uses in the A-1 agricultural zoned district:
(1) Minimum size of Dwelling Units. Each single- and two-family dwelling unit shall have
minimum Floor Area as follows:
a.
One Story: 1,000 square feet of Ground Floor Area.
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b. One and one-half Story and two Story: 1,000 square feet of total Floor Area with a
minimum of 700 feet located on the floor level nearest to ground level at the front of the
Building.
c.
The exterior side walls of any Dwelling shall not be less than 24 feet in width on each
side.
(2) Agricultural, horticultural, viticultural, dairy farming, cattle raising, poultry raising, livestock
raising, farm forestry and other similar farming or agricultural enterprises, with such barns, stables,
silos, Accessory Buildings, Structures and other Uses customarily incidental to any permitted
Uses.
(3) Markets for the sale of produce, poultry or animals, all produced, raised or grown on the
premises, and related incidental products not produced, raised or grown upon the premises, if they
do not constitute a substantial inventory of such markets.
(4)
Home Occupations, but subject to the restrictions and regulations of section 40-642
(5) Churches and parish houses, public schools and educational institutions and other similar
public Buildings, Structures or Uses.
(6)
Community Buildings, parks and public recreational areas and cemeteries.
(7)
Essential public utility service Buildings.
(8)
Governmental Buildings, but only as a Special Approval Use by the Planning Commission.
(9) A single Private Garage for each Dwelling Unit for the keeping of not more than three Motor
Vehicles.
(10) Mobile Homes utilized only as Single-Family Dwellings, subject to height and width
requirements; Seasonal Mobile Home Parks; Mobile Home Park Condominiums; and Mobile
Home Subdivisions.
(11) A Mobile Home utilized as a temporary residence in conformance with section 40-648(b) and
Located only by special permit of the Zoning Administrator while a permanent Dwelling is being
constructed.
(12) Retail and wholesale sales of agricultural products produced on the land from which sold.
(13) Noncommercial keeping of horses on a minimum five-acre Parcel.
(14) The commercial keeping of horses on a minimum ten-acre Parcel.
(15) Household pets, animals, fowl and poultry as provided in section 40-138
(16) Any other permitted Uses set forth in section 40-1046, and such Special Approval Uses or
Planned Unit Developments as shall be permitted by the Planning Commission.
(17) Housing for Farm Labor as provided in Section 40-145
(Ord. No. 39, § 5.04(A-1), 5-20-1987; Ord. No. 43, § 2, 1-18-1989; Ord. No. 51, § 11, 6-15-1994; Ord.
No. 71, § 4, 10-1-1997; Ord. No. 2002-02, art. 3, 6-27-2002; Ord. No. 2007-04, §§ 1, 2, 11-7-2007)
Page 200 of 415
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Pets, domestic animals, farm animals, fowl and poultry are allowed to be kept in the A-1 agricultural
zoned district subject to the following restrictions:
(1) On Parcels of land of less than five acres in size, usual household pets not exceeding a total
of four in number are allowed, as are fowl, poultry and rabbits not exceeding 35 in number. Farm
animals, including but not limited to horses, sheep, cows and pigs, are not allowed.
(2) On Parcels of land of five acres or more in size, usual household pets not exceeding a total
of five in number are allowed, as are wild animals under permit from the state as well as usual
farm animals, fowl and poultry of any number.
a. Dog Kennels, feedlots/stockyards, Piggeries, poultry/egg production facilities (defined
as intensive cage operations), and similar high-density animal population facilities are
allowed only with permission of the Planning Commission as Special Approval Uses.
b. The keeping of horses for commercial purposes is restricted to Parcels of ten acres or
more in size.
(3) Any litter of dogs or cats which causes the limits of this section to be exceeded shall not
constitute a violation of this chapter for a period of four months after birth, provided that not more
than two such litters shall be allowed to so remain on the premises within any consecutive
12-month period.
(Ord. No. 39, § 5.06(A-1), 5-20-1987)
Accessory Buildings in the A-1 agricultural zoned district, excluding Buildings principally used for
farming purposes, may not occupy more than ten percent of the area of the Parcel upon which situated.
(Ord. No. 39, § 5.08(A-1), 5-20-1987)
Sec. 40-140. - Lot split and area requirements.
Lots established after March 16, 2001 in the A-1 agricultural zoned district which are to be used for
One- and Two-Family Dwellings and other nonfarm Principal Uses shall meet the following:
(1) Minimum Lot Area. The minimum Lot Area for any Lot or Parcel supporting a Dwelling Unit or
principal nonfarm Use shall not be less than 2½ acres (108,900 square feet) exclusive of Street
right-of-way or Private Road right-of-way.
(2) Lot Width and frontage. The minimum Lot frontage (Lot Width at the Street or Private Road
right-of-way line) for a Lot shall be 165 feet. The minimum Lot Width may not diminish throughout
the remaining depth of the Lot. The minimum Lot frontage (Lot Width at the Street or Private Road
right-of-way line) for a Lot on a cul-de-sac or other irregularly shaped Lot shall be 40 feet.
(3)
Conveyance of Lots. Each Lot for a Dwelling Unit shall be a separately conveyed Parcel.
(4) Driveways. The driveway serving a Lot shall be separated from adjacent driveways on the
same side of the road by the following minimum distances:
Page 201 of 415
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a.
Private Road or local secondary road or county primary road, 100 feet;
b.
State highway, 300 feet; and
c.
Minimum distance from an intersection of two or more of the roads or highways in
subsections (4)a and (4)b, 80 feet.
(5) Septic drainfields. Unless public sanitary sewer is provided, soils shall be suitable for a septic
drainfield, and a permit shall be obtained therefor from the county health department. Adequate
area shall be maintained between the well and septic tank drainfield as required by the county
health department.
(6)
Access to public Streets. Access to a public Street shall meet applicable requirements.
(7) Dwelling Units. Dwelling Units not located on a Farm shall be permitted on Lots or Parcels of
land for which a deed has been recorded in the office of the county register of deeds upon or prior
to the effective date of the ordinance from which this section derives. These Dwelling Units shall
also be permitted on a Lot or Parcel of land established upon or prior to the effective date of the
ordinance from which this section derives, except that the document conveying the Lot or Parcel
was not timely recorded in the office of the county register of deeds, provided such Lots or Parcels
are able to meet all applicable standards and requirements of this chapter, including the
requirements of this chapter at the time the deed was recorded or executed, as the case may be,
and all other applicable township and county ordinances.
(8) Land divisions and Building Lots. The number of Parcels, Lots or Building sites created to
support Building development within the A-1 district shall be limited. For the purpose of this
subsection, the Parcels or Building sites that are permitted to support Building development shall
be those which, together with any previous divisions of the same parent Parcel or parent tract
subsequent to March 31, 1997, result in a number of Parcels or Building sites no greater than the
sum of the following, as applicable:
a. Up to four Lots or Parcels of at least 2.5 acres for the first ten acres or fraction thereof in
the parent Parcel or parent tract, plus one additional Lot or Parcel of at least 2.5 acres each
for each whole ten acres in excess of the first ten acres in the parent Parcel or parent tract,
up to a maximum of 11 additional Parcels.
b. For each whole 40 acres in excess of the first 120 acres in the parent Parcel or parent
tract, one additional Lot or Parcel.
c.
For a parent Parcel or parent tract of not less than 20 acres, the division may result in a
total of two Lots or Parcels in addition to those permitted by subsections (8)a and (8)b of this
section if one or both of the following apply:
1. Because of the establishment of one or more new Streets or Private Roads, no
new driveway accesses to an existing Street for any of the resulting Parcels under
subsections (8)a and (8)b of this section or this subsection are created or required.
2. One of the resulting Parcels comprises not less than 60 percent of the area of the
parent Parcel or parent tract.
d. A Parcel of 40 acres or more created by the division of a parent Parcel or parent tract
shall not be counted toward the number of Lots or Parcels permitted if the Parcel is
Page 202 of 415
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accessible.
e. A Parcel or tract created by an exempt split or a division may be further partitioned or
split if all of the following requirements are met:
1.
Not less than ten years have elapsed since the Parcel or tract was recorded.
2. The partitioning or splitting results in not more than the following number of Lots or
Parcels, whichever is less:
i.
Two Lots or Parcels for the first ten acres or fraction thereof in the Parcel or
tract plus one additional Parcel for each whole ten acres in excess of the first ten
acres in the Parcel or tract.
ii.
Seven Lots or Parcels, or ten Parcels if one of the Lots or Parcels resulting
from the division comprises not less than 60 percent of the area of the Parcel or
tract being split.
The limitations in this subsection shall apply to Lots or Parcels created as land divisions,
platted subdivision Lots created under the land division act, Public Act No. 288 of 1967 (MCL
560.101 et seq.), and Lots or Building sites created under the condominium act, Public Act
No. 59 of 1978 (MCL 559.101 et seq.), and may not be exceeded by such means.
A-1 DISTRICT SCHEDULE OF LAND DIVISIONS AND BUILDING LOTS
Parent Parcel
Size (acres) of
Record as of
March 31, 1997
Less than 5
5 to 19.9
20
Maximum Number
of Allowed Lots or
Building Sites of
Less than 40
Acres (if Minimum
Lot Size of 2.5
Acres is
Maintained)
0
4
5
Number of
Allowed Lots with
Bonus. (When
Divisions leave at
least one Parcel
with 60% of the
Parent Parcel
Intact and/or no
New Driveway
Access on a
Public Street is
Needed as a
Result of the
Creation of a New
Road that Serves
the New Parcels
Created)
0
4
7
Parcel Redivision Rights after 10
Years of Recording (if Minimum Lot
Size of 2.5 Acres is Maintained)
Size of Parcel for
Further
Partitioning
(acres)
5 to 19.9
20
30
Page 203 of 415
Number of
Allowed Lots or
Building Sites
2
3
4
CODE OF ORDINANCES
30
40
50
60
70
80
90
100
110
120
160
200
240
280
320
360
400
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
40
50
60
70
80
90 and above
100
110
120
130
160
200
240
280
320
360
400
5
6
7
7 or 8*
7 or 9*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
7 or 10*
* The higher number is allowed if all splits are used in 40 percent of the Parcel, thus leaving at least
60 percent in one piece.
* Parcels 40 acres or larger may be created without limitation.
*
(9) Sliding scale. The township recognizes that proper administration of the sliding scale concept
is important in meeting the intent of this chapter. The township will apply the following procedures
in administering the schedule of Lot splits:
a. An official map indicating existing Lots and land ownership shall be established and
maintained by the township.
b. The number of permitted Lots for Dwelling Units not situated on a Farm, yet possible
under this chapter, shall be recorded for each Parcel in the district.
c.
As the number of permitted Lots are established, the official map shall be updated to
reflect these changes.
d. The official map shall be maintained by the township and copies made available for
inspection by the public.
(10) Access drives or roads. Wherever practical Lots shall be clustered around and take their
access from a single access drive or road instead of each fronting on a Street. Such access shall
meet township standards for Private Roads or shall be constructed to county road commission
standards for Streets.
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(11) Criteria for location of Dwelling Units and Accessory Structures. Dwelling Units and any other
Structures accessory to the Dwelling Unit (e.g., Garages, storage sheds, etc.) shall be sited to the
greatest extent feasible, according to the determination of the Zoning Administrator but subject to
appeal to the Board of Appeals, to meet the following criteria, listed in order of priority, as it is
recognized that some situations may not exist or may conflict with others on any given site:
a.
On soils not considered hydric (wetland soils).
b. Within the marginal edges of any woodlands contained on the Parcel, to reduce impact
upon agriculture and to provide summer shade and shelter from winter wind and to enable
new construction to be visually absorbed by natural landscape features.
c.
On areas not actively being used for agricultural purposes or on areas not designated
as prime agricultural or forest soils. In situations where it is necessary to locate Building
envelopes in such areas or soils, it shall be done in a manner which shall maximize the
usable area remaining for agricultural and/or forestry Uses.
d.
On the most suitable soils for subsurface septic disposal.
(12) Exemptions. Lines and Structures within existing public rights-of-way, not including Buildings,
of public utility companies shall be exempt from the area, placement, and height requirements of
this section.
(Ord. No. 39, § 5.10(A-1), 5-20-1987; Ord. No. 51, § 12, 6-15-1994; Ord. No. 58, § 1, 2-21-1996; Ord.
No. 88, arts. I—III, 2-21-2001)
No Building in an A-1 agricultural zoned district shall have a Building Height exceeding 35 feet or 2½
Stories, whichever is less. No Dwelling having a Pitched Roof shall have a Building Height of less than
14 feet, and no Dwelling having a Flat Roof shall have a Building Height of less than ten feet. No
Structure shall exceed a Building Height of 50 feet, except as otherwise provided in section 40-625(c).
(Ord. No. 39, § 5.12(A-1), 5-20-1987; Ord. No. 71, § 5, 10-1-1997)
The following Building and Structure Setbacks shall be observed in the A-1 district.
(1) Front Yard Setback. There shall be for every Building or Structure, a minimum Front Yard
Building Setback from any public Street or highway or any private Street easement providing
access to the Parcel or Lot on which the Building is situated. The minimum Front Yard Setback
shall be as follows:
a. Where the Street is a minor Street and the right-of-way or Street easement has been
documented by a recorded plat, recorded Condominium master deed or recorded or
otherwise established private Street easement, the Setback shall be 73 feet from the nominal
centerline of the Street (centerline of right-of-way) or 40 feet from the established right-of-way
or easement line, whichever distance provides the greater distance from the traveled Street.
For the purposes of this section, a minor Street is any Street not otherwise classified as a
state highway, county primary or county section line road, one-half section line road,
one-fourth section line road, one-eighth section line road or other road not classified as a
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major Street on the Saugatuck Township Street Classification Map on file in the township
offices.
b. Where the Street is a designated state highway, county primary, county section line
road, one-half section line road, one-fourth section line road, one-eighth section line road or
other Street classified as a major Street on the Saugatuck Township Street Classification
Map, the Setback shall be 90 feet from the nominal centerline of the Street (centerline of the
right-of-way) or 50 feet from the established right-of-way or easement line, whichever
distance provides the greater distance from the traveled Street.
c.
Where the Front Yard as defined in section 40-7, faces a body of water, as may be
permitted by appropriate state and/or federal law, a Setback of 40 feet from the ordinary high
water mark of the adjacent body of water shall be required. See MCL 281. 992(h).
d. For the purpose of this section, nominal centerline means the line paralleling and equal
distance between the two Street rights-of-way or easement lines that define a public or
private Street.
(2) Side Yard Setback. For Lots where the Lot Width at the Building Setback is 125 feet or
greater, no Side Yard shall be less than 15 feet and the combined width of both Side Yards shall
be not less than 40 feet. There shall be a Side Yard of not less than ten feet on each side of any
Building or Structure on a Lot with a width of less than 125 feet.
(3) Rear Yard Setback. For Lots where the Lot size is greater than one acre, the Rear Yard
Setback for Principal and Accessory Buildings and Structures shall be 50 feet. On all other Lots,
there shall be a Rear Yard Setback of not less than 30 feet from any Building or Structure, except
for an Accessory Building which shall have a Rear Yard Setback of not less than ten feet.
(4) Corner Lot Setback. The Front Yard Setback requirement shall apply to each side or front of
a Lot having frontage upon a public or private Street.
(5) Lot Coverages. For all Lots of record having a Lot area of 20,000 square feet or less their
maximum Lot coverage for the Dwelling shall be limited to 25 percent. The total Lot coverage by
the Dwelling and all other Structures on such Lot shall be limited to 30 percent.
(6) Driveway location. The traveled surface of driveways serving single-family, two-family and
multifamily Dwelling Units shall be Setback a minimum of five feet from an abutting property line.
This minimum Setback shall apply to the entire length of the primary access drive as well as drives
serving Accessory Uses and Structures located on the same premises. Improved grades and
retaining walls in support of driveways adjacent to property lines may be permitted provided that
no grades or retaining walls or the maintenance thereof, may encroach upon the adjoining
property.
(Ord. No. 39, § 5.14(A-1), 5-20-1987; Ord. No. 51, § 13, 6-15-1994; Ord. No. 88, art. IV, 2-21-2001;
Ord. No. 2002-02, art. 8, 6-27-2002)
(a) For Signs in the A-1 agricultural zoned district, refer to section 40-634 as to general Sign
requirements.
(b)
Setback requirements. No Sign or Sign Structure shall be located within ten feet of any adjoining
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Parcel of land or any Street or Private Road right-of-way line. Further, no Sign or Sign Structure shall
be so erected or maintained as to interfere with, obstruct the view of, or be confused with an authorized
traffic Sign, signal or device.
(c)
Permitted Signs are the following:
(1)
One Identifying Sign not exceeding 32 square feet in area.
(2) One Home Occupation Sign affixed to the Principal Building not exceeding three square feet
in area.
(3) One Nameplate affixed to the Principal Building or Structure not exceeding three square feet
in area.
(4) One Temporary Sign per occupied Parcel or Lot, for temporary and seasonal businesses
operating primarily in the summer tourist season (including vegetable stands) not exceeding 16
square feet in area and which shall not remain for more than 120 days in any calendar year.
(5)
Other Signs as may be permitted by the Planning Commission as a Special Approval Use.
(6) No more than two real estate for sale, sold, or for rent Signs. Signs are to be removed within
ten days following the closing of the sale or rental of the property so advertised. No real estate for
sale, sold or for rent Sign posted on a Parcel may exceed six square feet in area.
(7)
Any Signs that are exempt in accordance with section 40-634(h).
(8) Billboards may only be located in this district when located on lands abutting I-196, the Blue
Star Highway, or M-89 and are subject to the provisions of section 40-634 concerning Signs,
Billboards and visual attraction devices.
(9)
No Portable Signs shall be permitted.
(Ord. No. 39, § 5.16(A-1), 5-20-1987; Ord. No. 51, § 14, 6-15-1994; Ord. No. 2006-02, § 2, 5-3-2006)
In the A-1 agricultural zoned district, accommodations for parking shall conform to the minimum
requirements of section 40-647.
(Ord. No. 39, § 5.18(A-1), 5-20-1987)
Sec. 40-145. - Housing for Farm Labor.
(1)
Definitions. As used in this section, the following words and phrases shall be defined as follows:
Farm Labor means one or more individuals currently engaged in seasonal or migratory agricultural
labor activities, including related food processing.
Farm Labor Camp means a Lot with Buildings or other Structures, part of which is established,
occupied, or used as living quarters for five or more seasonal or migratory laborers currently engaged
in agricultural activities, including related food processing.
(2)
Permitted by right. Farm Labor Dwellings for not more than four individuals engaged in Farm
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Labor shall be located on a Lot containing a minimum of five acres of continuous land, on or adjacent to
a Lot upon which agricultural activities occur, uninterrupted by Street or Private Road right-of-way or
easement, and no less than five acres of Lot Area devoted specifically to such use and associated
Yards and open space. Each Farm Labor Dwelling shall contain a minimum of 500 square feet of Floor
Area.
(3) Special Approval Use. Farm Labor Camps (i.e. five or more seasonal or migratory laborers
engaged in agricultural activities) may be approved as a Special Approval Use as provided in Article VI
and shall be located on a portion of a Lot on which agricultural activities occur and which contains a
minimum of ten acres of continuous land, uninterrupted by Street or Private Road right-of-way or
easement.
(4) Unless otherwise provided under subsection (5) below, each Farm Labor Dwelling must comply
with the requirements of the State Building Code.
(5) If Manufactured Homes or Modular Homes are to be utilized to provide shelter for Farm Labor,
then each Dwelling must comply with the following requirements:
(a) Each Dwelling must be firmly attached to a permanent foundation, or firmly anchored to the
ground, in a manner which complies with the requirements of the Michigan Manufactured Housing
Commission. If attached to a foundation, the foundation must be constructed on-site and in
compliance with all requirements of the State Building Code. The frame of a Manufactured Home
must be supported by concrete piers or concrete block piers, which are spaced at no more than
ten-foot intervals.
(b) Each Dwelling must satisfy the design and manufacturing standards of the U.S. Department
of Housing and Urban Development in effect at the time of manufacture. Any Dwelling
manufactured prior to January 1, 1976 must comply with the regulations adopted by the U.S.
Department of Housing and Urban Development in 1976.
(6) If a Farm Labor Dwelling other than a Manufactured Home or Modular Home which satisfies the
requirements of subsection (5) above, is connected to electricity, its electrical distribution system must
comply with all applicable regulations of the State Electrical Code.
(7) Standards Applicable To All Farm Labor Dwellings. The following minimum standards shall apply
to all Farm Labor Dwellings:
(a) The Lot shall be owned or leased by a Farm operator who employs Farm Labor either on the
same or on an abutting Lot. The Farm Labor housed by a Farm operator must actually be
employed by that Farm operator.
(b) All applicable statutes, regulations, and requirements of both the State of Michigan and the
federal government must be satisfied by any housing for Farm Labor. If a license or permit is
required by the State or federal government, then the owner or operator of the Farm Labor
Dwelling must maintain the license in full force and effect in order for the Use to be permitted as a
Special Approval Use.
(c) All Farm Labor Dwellings must be setback at least 75 feet from each Street or Private Road
right-of-way on which the Lot fronts.
(d)
All Farm Labor Dwellings must be set back at least 100 feet from the nearest Side and Rear
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Lot Lines. Setbacks shall be increased to 150 feet when a Side or Rear Lot Line is adjacent to a
separate Lot supporting a Single or Two-Family Dwelling in the A-2 or any residential zoned
district and owned by a person other than the owner of the Farm Labor Dwelling.
(e)
All Farm Labor Dwellings must be located at least 20 feet from each other.
(f) A minimum of two improved Motor Vehicle parking spaces shall be provided for each Farm
Labor Dwelling.
(g) Required Yards and open space within minimum required Setbacks may not be used to
support agricultural processing or storage operations or the parking of machinery.
(h) Garbage, refuse, and other waste materials must be effectively stored and screened and
disposed of in accordance with the requirements of this Chapter and other applicable provisions in
this Code and applicable State and federal laws and regulations.
(i) Each Farm Labor Dwelling shall be provided with the following provided that the regulations
of this subsection shall not be construed as imposing greater requirements than would apply to
any Single-Family, Two-Family or Multifamily Dwellings.
1.
One operating smoke/fire detector shall be required per Dwelling.
2. One exit door, defined as a side-hinged door that is at least three feet wide and at least
six feet, eight inches high, shall be required per Dwelling.
3. Each sleeping room shall have at least one operable window or exterior door for
emergency egress or rescue. The window or door must be operable from the inside to a full
clear opening without the use of separate tools. Any windows provided as the means of
egress or rescue shall have a sill not more than 44 inches above the floor, a minimum net
clear opening of 5.7 square feet, a minimum net clear opening height of at least 24 inches,
and a minimum net clear opening width of 20 inches.
4. Each Farm Labor Dwelling must be connected to a potable source of water, with
plumbing inside the Dwelling which satisfies the requirements of the State of Michigan
Plumbing Code, even though the Dwelling may be exempt from the Plumbing Code.
5. Within each Farm Labor Dwelling shall be at least one bathroom equipped with a
functioning water closet and lavatory.
6. Each Farm Labor Dwelling must be connected to either a public sewer or a septic
system approved by the Allegan County Environmental Health Department. Outdoor privies
or outhouses shall not be acceptable in any event.
(Ord. No. 2007-04, § 3, 11-7-2007)
Secs. 40-146—40-180. - Reserved.
DIVISION 3. - A-2 RURAL OPEN SPACE ZONED DISTRICT
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Sec. 40-185. - Area requirements.
Sec. 40-190. - Rural open space option.
Secs. 40-191—40-225. - Reserved.
The A-2 rural open space zoned district is that area of the township where crop farming and forestry
operations and other similar rural-type Uses exist and should be preserved and/or encouraged, while
providing opportunities for residential development at overall densities which reflect a more rural living
environment than may be provided in other residentially zoned districts in the township. This district is
intended to permit residential development in a manner which minimizes conflicts between agricultural
and residential land Uses and provides opportunities for the preservation of open spaces which are
necessary to maintain current rural character and farming viability and to protect the public investment
in the infrastructure of the district. Large vacant areas, fallow land and wooded areas are included.
(Ord. No. 51, § 15(5.02(A-2)), 6-15-1994)
For the A-2 rural open space zoned district, see article V of this chapter for certain applicable general
sections and section 40-1046 as to specific permitted and nonpermitted Uses or those requiring
approval. Insofar as they serve the purposes outlined in 40-181, the following are permitted Uses:
(1) Minimum size of Dwelling Units. Each single-and two-family Dwelling Unit shall have
a.
Building.
c.
The exterior side walls of any dwelling shall not be less than 24 feet in width on each
side.
(2) Agricultural, horticultural, viticultural, dairy farming, poultry raising, farm forestry and other
similar farming or agricultural enterprises, excluding intensive livestock raising, with such barns,
stables, silos, housing for farm labor, Accessory Buildings, Structures and other Uses customarily
incidental to any permitted Uses.
(3) Markets for the sale of produce, poultry or animals, all produced, raised or grown on the
premises, and related incidental products, not produced, raised or grown upon the premises, if
they do not constitute a substantial inventory of such markets.
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(4)
Home Occupations, but subject to the restrictions of section 40-642
(6)
Community Buildings, parks and public recreational areas and cemeteries.
(7)
(8)
Governmental Buildings, but only as a Special Approval Use by the Planning Commission.
(9) A single Private Garage for each Dwelling Unit for the keeping of not more than three motor
vehicles.
constructed.
(11) Retail and wholesale sales of agricultural products sold on the land from which produced.
(12) Noncommercial keeping of horses on a minimum five-acre Parcel.
(13) The commercial keeping of horses on a minimum ten-acre Parcel.
(14) Household pets, animals, fowl and poultry as provided in section 40-183
(15) Rural open space option, as a Special Approval Use, and as provided in section 40-190
(16) Any other permitted Uses set forth in section 40-1046 and such Special Approval Uses or
(17) Waterfront Access Property, Docks and piers in accordance with the provisions of Article XII.
(Ord. No. 51, § 15(5.04(A-2)), 6-15-1994; Ord. No. 71, § 6, 10-1-1997; Ord. No. 2002-02, art. 4,
6-27-2002; Ord. No. 2009-03, § 1, 5-6-2009)
Pets, domestic animals, farm animals, fowl and poultry are allowed to be kept in the A-2 rural open
space zoned district subject to the following restrictions:
(1) On Parcels of land of less than five acres in size, usual household pets not exceeding a total
of four in number are allowed, as are fowl, poultry, and rabbits not exceeding 35 in number. Farm
animals, including but not limited to horses, sheep, cows, and pigs, are not allowed.
(2) On Parcels of land of five acres or more in size, usual household pets not exceeding a total
of five in number are allowed, as are wild animals under permit from the state, as well as usual
farm animals, fowl, and poultry of any number.
a. Domestic animal boarding facilities are allowed only with permission of the Planning
Commission as Special Approval Uses.
b.
The keeping of horses for commercial purposes is restricted to Parcels of ten acres or
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more in size.
(3) Any litter of dogs or cats which causes the limits of this section to be exceeded shall not
constitute a violation of this chapter for a period of four months after birth, provided that not more
than two such litters shall be allowed to so remain on the premises within any consecutive
12-month period.
(Ord. No. 51, § 15(5.06(A-2)), 6-15-1994)
Accessory Buildings in the A-2 rural open space zoned district, excluding Buildings principally used for
farming purposes, may not occupy more than ten percent of the area of the Parcel upon which situated.
(Ord. No. 51, § 15(5.08(A-2)), 6-15-1994)
(a) Unless established under section 40-190, in the A-2 rural open space zoned district the minimum
Lot Area for One- and Two-Family Dwellings shall be 2 ½ acres, exclusive of Street rights-of-way or
Private Road rights-of-way.
(b) The minimum Lot frontage (Lot Width at the Street or Private Road right-of-way) for a Lot shall be
150 feet. The minimum Lot Width may not diminish throughout the remaining depth of the Lot. The
minimum Lot frontage for a Lot on a cul-de-sac or other irregularly shaped Lot shall be 40 feet.
(c) The minimum Lot Area and minimum Lot Width set forth in this section shall not apply to Parcels
of Lots situated within plats which have been duly recorded prior to June 15, 1994, provided such
Parcels or Lots complied with all applicable requirements at the time they were recorded.
(d) The minimum Lot Area for all other Uses shall be not less than five acres. The minimum Lot
frontage (Lot Width at the Street or Private Road right-of-way) for a Lot shall be 150 feet. The minimum
Lot Width may not diminish throughout the remaining depth of the Lot.
(Ord. No. 51, § 15(5.10(A-2)), 6-15-1994; Ord. No. 58, § 5, 2-21-1996)
In the A-2 rural open space zoned district, no Building shall have a Building Height exceeding 35 feet or
2½ Stories, whichever is less. No Dwelling having a Pitched Roof shall have a Building Height of less
than 14 feet, and no Dwelling having a Flat Roof shall have a Building Height of less than ten feet. No
(Ord. No. 51, § 15(5.12(A-2)), 6-15-1994; Ord. No. 71, § 7, 10-1-1997)
The following Building and Structure Setbacks shall be observed in the A-2 district.
(1) Front Yard Setback. There shall be for every Building or Structure, a minimum Front Yard
Building Setback from any public Street or highway or any private Street easement providing
access to the Parcel or Lot on which the Building is situated. The minimum Front Yard Setback
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a. Where the Street is a minor Street and the right-of-way or Street easement has been
documented by a recorded Plat, recorded Condominium master deed or recorded or
otherwise established private Street easement, the Setback shall be 73 feet from the nominal
centerline of the Street (centerline of right-of-way) or 40 feet from the established right-of-way
or easement line, whichever distance provides the greater distance from the traveled Street.
For the purposes of this section, a minor Street is any street not otherwise classified as a
state highway, county primary or county section line road, one-half section line road,
one-fourth section line road, one-eighth section line road or other road not classified as a
major Street on the Saugatuck Township Street Classification Map on file in the township
offices.
b. Where the Street is a designated state highway, county primary, county section line
road, one-half section line road, one-fourth section line road, one-eighth section line road or
other street classified as a major street on the Saugatuck Township Street Classification
Map, the setback shall be 90 feet from the nominal centerline of the Street (centerline of the
right-of-way) or 50 feet from the established right-of-way or easement line, whichever
distance provides the greater distance from the traveled Street.
c.
Where the Front Yard as defined in section 40-7, faces a body of water, as may be
permitted by appropriate state and/or federal law, a setback of 40 feet from the ordinary high
water mark of the adjacent body of water shall be required. See MCL 281.992(h).
d. For the purpose of this section, nominal centerline means the line paralleling and equal
distance between the two street right-of-way or easement lines that define a public or private
Street.
(2) Side Yard Setback. For Lots where the Lot Width at the Building Setback is 125 feet or
greater, no Side Yard shall be less than 15 feet and the combined width of both Side Yards shall
be not less than 40 feet. There shall be a Side Yard of not less than ten feet on each side of any
Building or Structure on a Lot with a width of less than 125 feet.
(3) Rear Yard Setback. For Lots where the Lot size is greater than one acre, the Rear Yard
Setback for Principal and Accessory Buildings and Structures shall be 50 feet. On all other Lots,
there shall be a Rear Yard Setback of not less than 30 feet from any Building or Structure, except
for an Accessory Building which shall have a Rear Yard Setback of not less than ten feet.
(4) Corner Lot Setback. The Front Yard Setback requirement shall apply to each side or front of
a Lot having frontage upon a public or private Street.
(5) Lot Coverage. For all Lots of record having a Lot Area of 20,000 square feet or less their
maximum Lot coverage for the Dwelling shall be limited to 25 percent. The total Lot coverage by
the Dwelling and all other Structures on such Lot shall be limited to 30 percent.
(6) Driveway Location. The traveled surface of driveways serving single-family, two-family and
multifamily Dwelling Units shall be Setback a minimum of five feet from an abutting property line.
This minimum Setback shall apply to the entire length of the primary access drive as well as drives
serving Accessory Uses and Structures located on the same premises. Improved grades and
retaining walls in support of driveways adjacent to property lines may be permitted provided that
no grades or retaining walls or the maintenance thereof, may encroach upon the adjoining
property.
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(Ord. No. 51, § 15(5.14(A-2)), 6-15-1994; Ord. No. 2002-02, art. 9, 6-27-2002)
(a) Generally. For the A-2 rural open space zoned district, refer to section 40-634 as to general Sign
requirements.
(b) Setback requirements. No Sign or Sign Structure shall be located within ten feet of any adjoining
traffic Sign, signal, or device.
(c)
(1)
One Identifying Sign not exceeding 32 square feet in area.
in area.
in area.
(4) One Temporary Sign per occupied Parcel or Lot for temporary and seasonal businesses
operating primarily in the summer tourist season (including vegetable stands) not exceeding 16
square feet in area and which shall not remain for more than 120 days in any calendar year.
(5)
Other Signs as may be permitted by the Planning Commission as a Special Approval Use.
(7)
Any Signs that are exempt in accordance with subsection 40-634(h).
(9)
(Ord. No. 51, § 15(5.16(A-2)), 6-15-1994; Ord. No. 2006-02, § 3, 5-3-2006)
In the A-2 rural open space zoned district, accommodations for parking shall conform to the minimum
requirements of section 40-647.
(Ord. No. 51, § 15(5.18(A-2)), 6-15-1994)
Sec. 40-190. - Rural open space option.
(a) Statement of purpose. It is the intent of this section to offer an alternative to traditional
subdivisions through the use of Planned Unit Development legislation, as authorized by the Zoning Act
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for the purpose of allowing innovation and greater flexibility in the design of residential developments
which are specifically designed to ensure the permanent preservation of open space, agricultural lands,
and other natural resources. This section is intended to preserve a traditional rural character to the land
areas within the A-2 rural open space zoned district through the creation of small residential clusters
contrasting with open space and less intensive land Uses.
(b) Permitted Uses. The rural open space option is restricted to Single-Family Dwellings and
Two-Family Dwellings.
(c) Minimum project size. The minimum size of a Parcel used for the rural open space option shall be
ten acres of contiguous land.
(d) Unified control. The proposed development shall be under single ownership or control, such that
there is a single person having proprietary responsibility for the full completion of the project. The
applicant shall provide sufficient documentation of ownership or control in the form of agreements,
contracts, performance guarantees, covenants, and/or deed restrictions that indicate that the
development will be completed in its entirety as proposed.
(e) Guarantee of open space. The applicant shall guarantee to the satisfaction of the Planning
Commission that all open space portions of the development will be maintained in perpetuity and in the
manner approved. Documents shall be presented that bind all successors and future owners in fee title
to commitments made as a part of the proposal. This shall not prohibit a transfer of ownership or
control, provided notice of such transfer is provided to the township and the land Uses continue as
approved in the rural open space option.
(f) Design standards. The proposed development shall meet all of the following unless otherwise
noted:
(1) Number of Dwelling Units. The total number of Dwelling Units permitted under the rural open
space option may be increased above the number of units that could otherwise be situated on the
project Parcel. The increase may be up to but not more than (and possibly less than) 40 percent
above the otherwise allowed base number of units. The amount of the base number of units is
calculated by taking the total land area of the project Parcel, in acres, excluding 50 percent of any
state-regulated wetlands on the project Parcel, and excluding 50 percent of any land on the
project Parcel contained within the 100-year floodplain, and dividing it by the maximum allowable
district density. In deciding whether or not to allow such an increase and if so how much of one to
allow, the Planning Commission shall consider the standards in subsection (l) of this section.
Fractions of Dwelling Units resulting from Dwelling Unit calculations shall be rounded to the
nearest whole number. If the fraction is exactly between whole numbers, the fraction shall be
rounded to the even whole number.
(2)
Open space requirements. Open space requirements are as follows:
a. The following areas will not be calculated toward meeting the required 40 percent of
dedicated open space:
1. Areas devoted to public and private Street and Private Road rights-of-way and
easements;
2. Any area included within a buildable Lot or a limited common element which is
assigned to the benefit of a single Condominium unit;
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3.
Areas set aside for future development;
4. Fifty percent of state-regulated wetlands and 50 percent of land area within the
100-year floodplain; and
5. Areas that are permanently inundated by water; such areas created as part of the
development will be counted as open space.
b. Except as otherwise approved by the Planning Commission, no individual area
designated as open space shall be less than 5,000 square feet in area.
c.
Open space areas intended for active recreational Use must be provided access from
within the development by means of Streets or Private Roads or dedicated pedestrian
accessways.
d. Unless otherwise specified by the Planning Commission, the arrangement of open
space areas must minimize the visibility of the development from existing Streets.
e. The arrangement of open space areas must take into consideration adopted open
space plans of the township and existing and potential open space lands on adjacent Parcels
and others in the surrounding area. The intent is to promote and encourage continuity of
wildlife habitat and other natural systems.
f.
Within areas designated as open space, no Building, Structure or other Improvements
may be constructed unless specifically approved by the township in conjunction with the
approval of the development. Areas designated as open space may be used only for
recreation, the raising of trees and field crops, animal grazing, woodland and wildlife
management or other natural system conservation purposes. Essential public services are
allowed. Essential well or wastewater disposal systems and stormwater drainage and
management areas may be located within designated open space areas as approved by the
county health department, the county drain commissioner, the appropriate state agency, or
other similar or successor organizations or entities having authority to grant such approval.
g. Open space may be privately held or publicly dedicated through a legal instrument that
is acceptable to the township. Options may include recorded deed restrictions or covenants
that run perpetually with the land; land or development right transfer to a nonprofit trust or
public entity; conservation easements established per Part 21, subpart II, of Public Act No.
451 of 1994 (MCL 324.2140 et seq.); or public dedication. The legal instrument shall ensure
that the open space will be protected from all forms of development, except as indicated on
plans or documentation approved by the township as part of the approval of the
development. The use of the open space may not be changed to another Use unless it is an
alternate permitted open space Use authorized by the township. The legal instrument shall
further:
1.
Indicate the proposed allowable Uses of the open space.
2. Require that the open space be maintained by the parties who have an ownership
interest in the open space.
3.
Provide standards for the scheduled maintenance of privately held open space.
4.
Provide for maintenance to be undertaken by the township if the open space is not
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adequately maintained or is determined by the township to be a public Nuisance, with
the assessment of pro rata costs upon the property owners in the development.
(g) Continuing obligation. The dedicated open space shall forever remain open space, subject only to
Uses approved by the township on the approved site plan. Further subdivision of open space land or its
Use for other than recreation, conservation or agricultural purposes as approved by the township on the
approved site plan, except for easements for utilities and septic systems, shall be strictly prohibited.
(h) Allowable Accessory Structures. Any Structure or Building accessory to a recreation, conservation
or agriculture Use approved by the township on the approved site plan may be erected within the
dedicated open space, subject to the approved open space plan. These Accessory Structures or
Buildings shall not exceed, in the aggregate, one percent of the required open space area and must be
shown on the approved site plan.
(i) Access. Direct access from a Street to a rural open space option project is required. The nearest
edge of any entrance or exit drive shall be located no closer than 200 feet from any existing Street
intersection, as measured from the nearest intersection right-of-way line.
(j) Internal roads. Construction of Private Roads or private access drives as a means of providing
access and circulation and increasing the rural character of the project is encouraged. They shall meet
township standards for Private Roads, although the standards may be relaxed by the township through
the Planned Unit Development approval process. At a minimum, the following requirements must be
satisfied for all Private Roadways within a rural open space option development:
(1) A deed restriction is placed on the project site that perpetually vests fee simple use of the
land area used for the Private Road in the parties adjoining the Private Road and prohibits further
transfer to the public; and
(2) A maintenance plan, including a means of guaranteeing maintenance assessments from the
affected property owners, is reviewed and approved by the township board.
(k) Natural features. The development shall be designed to promote the preservation of natural
features. If animal or plant habitats of significant value exist on the site, the Planning Commission, as a
condition of approval, may require that the rural open space option project preserve these areas in a
natural state and adequately protect them as nature preserves or limited access areas.
(l) Project standards. In considering any application for approval of a rural open space option site
plan, the Planning Commission shall make its determinations on the basis of the standards for site plan
approval set forth in section 40-772(6), as well as the following standards and requirements:
(1) Compliance with the rural open space option concept. The overall design and land Uses
proposed in connection with a rural open space option community shall be consistent with the
intent of the rural open space option concept, as well as with specific design standards set forth in
this section, including:
a.
Direct access to the open space area by the majority of residences; and
b.
The design of roadways which support the intended rural character of the project.
(2) Compatibility with adjacent Uses. The proposed rural open space option site plan shall set
forth in detail all specifications with respect to height, Setbacks, density, parking, circulation,
landscaping, views, and other design features that exhibit due regard for the relationship of the
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development to surrounding properties, the character of the site, and the land Uses. In
determining whether this requirement has been met, consideration shall be given to the following:
a.
The bulk, placement, and materials of construction of proposed Structures.
b.
Pedestrian and vehicular circulation.
c.
The location and screening of vehicular Use or Parking Areas.
d.
The provision of landscaping and other site amenities.
(3) Impact of traffic. The rural open space option project shall be designed to minimize the
impact of traffic generated by the proposed development on surrounding Uses.
(4) Protection of natural environment. The proposed project shall be protective of the natural
environment and prevent the pollution, impairment, or destruction of the environment according to
the natural resources and environmental protection act, Public Act No. 451 of 1994 (MCL 324.101
et seq.) and any other relevant law or regulation.
(5) Access to open space. The proposed project shall ensure access to the designated open
space area by residents within the rural open space option project site, or by the public if the open
space is publicly owned, for recreational purposes.
(6) Compliance with applicable regulations. The proposed project shall comply with all applicable
federal, state, county, and local regulations.
(m) General administrative requirements. General administrative requirements are as follows:
(1) General application requirements. The application for approval of an open space community
shall be made according to procedures and guidelines contained in article VIII of this chapter.
(2) Effect of approval. Approval of a rural open space option proposal shall not require nor shall
it be construed as an amendment to this chapter. All Improvements and Uses of the site shall be
in conformity with the approved site plan and shall comply fully with any conditions.
(3) Recording of action. The applicant shall record an affidavit with the county register of deeds
containing the full legal description of the project site, specifying the date of final township
approval, and declaring that all Improvements will be carried out in accordance with the approved
rural open space option site plan unless an amendment is adopted by the township. In addition, all
deed restrictions and easements shall be duly filed with the register of deeds of the county, and
copies of recorded documents shall be presented to the township clerk.
(4) Land Use permit. Following final approval of the rural open space option site plan and final
approval of the engineering plans by the township building official, a land use permit may be
obtained from the Zoning Administrator provided the applicant has obtained all other applicable
township, county, state or federal permits.
(5) Initiation of construction. If construction has not commenced within 12 months of final
approval, the permit will remain valid only if an extension has been approved by the Planning
Commission. The applicant may apply in writing to the Planning Commission for an extension, not
to exceed 12 months. The permit will be extended, provided no revisions to the approved plans
are proposed, otherwise subsection (o) of this section must be met. However, no more than two
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extensions may be allowed.
(6) Continuing adherence to plan. Any property owner who fails to maintain an approved site
plan design shall be deemed in violation of the Use provisions of this chapter and shall be subject
to the penalties for such.
(7) Performance guarantee. The Planning Commission may require that a performance
guarantee, in accordance with section 40-776, be deposited with the township to ensure
completion of Improvements.
(n)
Scheduled phasing. Procedures for scheduled phasing are as follows:
(1) Generally. When proposed construction is to be phased, the project shall be designed in a
manner that allows each phase to fully function on its own regarding service, utilities, circulation,
facilities, and open space. Each phase shall contain the necessary components to ensure
protection of natural resources and the health, safety, and welfare of the users of the rural open
space option project and the residents of the surrounding area.
(2) Timing of phases. Each phase of the project shall be commenced within 12 months of the
schedule set forth on the approved site plan. If construction of any phase is not commenced within
the approved time period, an extension may be granted, subject to the requirements of subsection
(m)(5) of this section.
(o)
Revision of approved plans. Procedures for revision of approved plans are as follow:
(1) General revisions. Approved plans for a rural open space option community may be revised
in accordance with the procedures set forth in article VIII of this chapter.
(2) Minor changes. Notwithstanding any section in this chapter to the contrary, minor changes to
an approved rural open space option site plan, including changes to the project phasing, may be
permitted by the Planning Commission following the normal site plan review procedures outlined
in section 40-772(6). Such minor changes may be approved by the Planning Commission without
resort to the procedures set forth in article VIII of this chapter, if the Planning Commission
specifically finds:
a.
Such changes will not adversely affect the initial basis for granting approval;
b. Such minor changes will not adversely affect the overall project in light of the intent and
purpose of such development as set forth in this section; and
c.
Such changes shall not result in the reduction of open space area as required in this
section.
(Ord. No. 51, § 15(5.20(A-2)), 6-15-1994; Ord. No. 86, §§ 2, 3, 9-6-2000; Ord. No. 2007-01, § 8,
3-7-2007)
Secs. 40-191—40-225. - Reserved.
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DIVISION 4. - R-1 RESIDENTIAL ZONED DISTRICT
Sec. 40-228. - Household pets/horses.
Secs. 40-235—40-270. - Reserved.
The R-1 residential zoned district is that area of the township where predominantly Single- and
Two-Family Dwellings, together with a minimum of other residentially related facilities and activities
primarily of service to the residents in the area, should be preserved and/or encouraged.
(Ord. No. 39, § 5.02(R-1), 5-20-1987)
For the R-1 residential zoned district, see article V of this chapter for certain applicable general
provisions and section 40-1046 as to permitted and nonpermitted Uses or those requiring approval.
Insofar as they serve the purposes outlined in section 40-226, the following are permitted Uses:
a.
b. One and one-half story and two Story: 1,000 square feet of total Floor Area with a
Building.
c.
The exterior sidewalls of any Dwelling shall not be less than 24 feet in width on each
side.
(2)
(4)
Community Buildings, parks and public recreation areas.
(5)
Vehicles.
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constructed.
(8)
Household pets and horses as provided in section 40-228
(9) Accessory Buildings, Structures and other Uses customarily incidental to any of the permitted
Uses in this section when located on the same Lot or Parcel of land.
(10) Any other permitted Uses set forth in section 40-1046, and such Special Approval Uses or
(Ord. No. 39, § 5.04(R-1), 5-20-1987; Ord. No. 43, § 3, 1-18-1989; Ord. No. 51, § 16, 6-15-1994; Ord.
No. 71, § 8, 10-1-1997; Ord. No. 2002-02, art. 5, 6-27-2002)
(a) In the R-1 residential zoned district, usual household pets as well as horses are allowed subject to
their not becoming a public or private Nuisance to adjacent property owners or occupants through
trespass, odors, noise or pollution of water, ground or air.
(b) On Parcels of land of less than five acres in size, the keeping of usual household pets not
exceeding a total of three in number is allowed, but the keeping of fowl, poultry, horses and other farm
animals is not allowed.
(c) On Parcels of land of five acres or more in size, the keeping of usual household pets not
exceeding a total of five in number is allowed as is the keeping of horses for noncommercial purposes,
provided such horses are not kept in or upon any open area located within 100 feet of a Building
utilized for residential purposes that is on another Parcel of land. The keeping of fowl, poultry and farm
animals other than horses is not allowed except as a Special Approval Use.
(d) Any litter of dogs or cats which causes the limits of this section to be exceeded shall not constitute
a violation of this chapter for a period of four months after birth, provided that not more than two such
litters shall be allowed to so remain on the premises within any consecutive 12-month period.
(Ord. No. 39, § 5.06(R-1), 5-20-1987)
Accessory Buildings in the R-1 residential zoned district may not occupy more than ten percent of the
area of the Parcel upon which situated.
(Ord. No. 39, § 5.08(R-1), 5-20-1987)
(a) In the R-1 residential zoned district the minimum Lot Area requirements for Single and Two Family
Dwellings shall be as follows:
(1) The minimum Lot Area for Single- and Two-Family Dwellings which are not governed by the
subdivision regulations in article III of chapter 20 of this Code or by the Site Condominium Project
regulations in article XIII of chapter 40 of this Code shall be 40,000 square feet (exclusive of Street
or Private Road rights-of-way) and the minimum Lot frontage (Lot Width at the Street or Private
Road right-of-way line) shall be 125 feet. However, the minimum Lot Area may be reduced from
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40,000 square feet to 20,000 square feet for up to four Lots divided according to article II of
chapter 20 of this Code from a Lot in existence on the date this section was added to the Code.
(2) The minimum Lot Area for Single- and Two-Family Dwellings which are governed by the
regulations in article XIII of chapter 40 of this Code and which are not serviced by both public
water and public sanitary sewer utilities shall be 30,000 square feet (exclusive of Street or Private
Road rights-of-way) and the minimum Lot frontage (Lot Width at the Street or Private Road
right-of-way line) shall be 100 feet. Within each subdivision or Site Condominium Project open
space equal to 25 percent of the total land area of the subdivision or Site Condominium Project
shall be provided. The calculation of the open space area, and its regulation, shall be governed by
the provisions of section 40-190 concerning the rural open space option for the A-2 rural open
space zoned district.
(3) The minimum Lot Area for Single- and Two-Family Dwellings which are governed by the
regulations in article XIII of chapter 40 of this Code and which are serviced by both public water
and public sanitary sewer utilities shall be 20,000 square feet (exclusive of Street or Private Road
rights-of-way) and the minimum Lot frontage (Lot Width at the Street or Private Road right-of-way
line) shall be 100 feet. Within each subdivision or Site Condominium Project open space equal to
40 percent of the total land area of the subdivision or Site Condominium Project shall be provided.
The calculation of the open space area, and its regulation, shall be governed by the provisions of
section 40-190 concerning the rural open space option for the A-2 rural open space zoned district.
(b) Three- and four-Family Dwellings As may be allowed by the planning Commission in planned unit
development s only.
(1) The minimum Lot Area for three- and four-Family Dwellings which are not governed by the
regulations in article XIII of chapter 40 of this Code shall be 40,000 square feet plus 5,000 square
feet for each Dwelling Unit located on the Lot (exclusive of Street or Private Road rights-of-way),
and the minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be
125 feet.
(2) The minimum Lot Area for three- and four-Family Dwellings which are governed by the
water and public sanitary sewer utilities shall be 30,000 square feet plus 3,500 square feet for
each Dwelling Unit located on the Lot (exclusive of Street or Private Road rights-of-way), and the
minimum Lot frontage (Lot Width at the Street or Private Road right-of-way lines) shall be 125 feet
plus any additional frontage which might be required by the Planning Commission as a condition
to a Special Approval Use. Within such a subdivision or Site Condominium Project, the average
Lot Area shall be 35,000 square feet plus 4,000 square feet for each Dwelling Unit located on the
average Lot, and the subdivision or Site Condominium Project shall include open space equal to
25 percent of the total land area of the subdivision or Site Condominium Project. The calculation of
the open space area, and its regulation, shall be governed by the provisions of section 40-190
concerning the rural open space option for the A-2 rural open space zoned district.
(3) The minimum Lot Area for three- and four-Family Dwellings which are governed by the
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and public sanitary sewer utilities shall be 20,000 square feet plus 2,500 square feet for each
Dwelling Unit located on the Lot (exclusive of Street or Private Road rights-of-way), and the
minimum Lot frontage (Lot Width at the Street or Private Road right-of-way lines) shall be 125 feet
to a Special Approval Use. Within such a subdivision or Site Condominium Project, the average
Lot Area shall be 35,000 square feet plus 3,000 square feet for each Dwelling Unit, and the
subdivision or Site Condominium Project shall include open space equal to 40 percent of the total
land area of the subdivision or Site Condominium Project. The calculation of the open space area,
and its regulation, shall be governed by the provisions of section 40-190 concerning the rural open
space option for the A-2 rural open space zoned district.
(c) Five or more Family Dwellings as may be allowed by the Planning Commission in planned unit
developments only.
(1) The minimum Lot Area for five or more Family Dwellings which are not governed by the
regulations in article XIII of chapter 40 of this Code shall be 55,500 square feet plus 5,000 square
feet for each Dwelling Unit located on the Lot (exclusive of Street or Private Road right-of-way),
and the minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be
125 feet plus any additional frontage which might be required by the Planning Commission as a
condition to Planned Unit Development approval.
(2) The minimum Lot Area for five or more Family Dwellings which are governed by the
water and public sanitary sewer utilities shall be 50,000 square feet plus 3,500 square feet for
each Dwelling Unit located on the Lot (exclusive of Street or Private Road right-of-way), and the
minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be 125 feet
to Planned Unit Development approval. Within such a subdivision or Site Condominium Project,
the average Lot Area shall be 55,000 square feet plus 4,000 square feet for each Dwelling Unit
located on the average Lot, and the subdivision or Site Condominium Project shall include open
space equal to 25 percent of the total land area of the subdivision or Site Condominium Project.
The calculation of the open space area, and its regulation, shall be governed by the provisions of
section 40-190 concerning the rural open space option for the A-2 rural open space zoned district.
(3) The minimum Lot Area for five or more Family Dwellings which are governed by the
and public sanitary sewer utilities shall be 40,000 square feet plus 2,500 square feet for each
Dwelling Unit located on the average Lot (exclusive of Street or Private Road right-of-way), and
the minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be 125
feet plus any additional frontage which might be required by the Planning Commission as a
condition to Planned Unit Development approval. Within such a subdivision or Site Condominium
Project, the average Lot Area shall be 45,000 square feet plus 3,000 square feet for each Dwelling
Unit located on the average Lot, and the subdivision or Site Condominium Project shall include
open space equal to 40 percent of the total land area of the subdivision or Site Condominium
Project. The calculation of the open space area, and its regulation, shall be governed by the
provisions of section 40-190 concerning the rural open space option for the A-2 rural open space
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zoned district.
(d) The minimum Lot frontage for a Lot on a cul-de-sac or other irregularly shaped Lot shall be 40
feet.
(e)
The minimum Lot Width may not diminish throughout the remaining depth of the Lot.
(Ord. No. 39, § 5.10(R-1), 5-20-1987; Ord. No. 2004-02, § 2, 7-7-2004; Ord. No. 2007-03, § 2,
7-11-2007)
In the R-1 residential zoned district, no Building shall have a Building Height exceeding 35 feet or 2½
Stories, whichever is less. No Dwelling having a Pitched Roof shall have a Building Height of less than
14 feet, and no Dwelling having a Flat Roof shall have a Building Height of less than ten feet. No
(Ord. No. 39, § 5.12(R-1), 5-20-1987; Ord. No. 71, § 9, 10-1-1997)
The following minimum requirements shall be observed in the R-1 Residential Zoned District on
unplatted parcels of land or on parcels of land platted or building sites recorded after the date of
adoption of the ordinance from which this section derives:
(a) Front Yard. There shall be for every Building or Structure a minimum Front Yard from any
Street or Private Road providing access to the Parcel or Lot. The minimum Front Yard shall be as
follows:
1. For a Minor Street or a Private Road, the minimum Front Yard shall be 73 feet from the
Nominal Centerline or 40 feet from the established right-of-way line, whichever is the greater
distance from the traveled portion of the Street or Private Road.
2. For a Major Street, the minimum Front Yard shall be 90 feet from the Nominal
Centerline or 50 feet from the established right-of-way line, whichever is the greater distance
from the traveled portion of the Street.
3. Unless regulated by the provisions of the Flood Plain Overlay district (section 40-590) or
the Natural River Overlay district (section 40-591), the setback from the Kalamazoo River
shall be 75 feet. Where the Front Yard faces a body of water, other than the Kalamazoo
River, a minimum Front Yard of 40 feet from the ordinary high water mark [Ref. MCL
281.992(h) or any successor statute] of the adjacent body of water shall be required.
(b) Side Yard. For Lots where the Lot Width at the Building Setback is 125 feet or greater, no Side
Yard shall be less than 15 feet and the combined width of both Side Yards shall be not less than 40
feet. On all other Lots, no Side Yard shall be less than ten feet.
(c) Rear Yard. For Lots where the Lot Area is greater than 55,000 square feet, the minimum Rear
Yard shall be 50 feet. On all other Lots, there shall be a minimum Rear Yard of not less than 30 feet,
except an Accessory Building shall have a minimum Rear Yard of not less than ten feet.
(d)
Corner Lot. For a Corner Lot, the minimum Front Yard requirement shall apply to both the Side
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Yard and the Front Yard which have frontage upon a Street or a Private Road.
(e) Lot Coverage. For Substandard Lots with a Lot Area of 20,000 square feet or less, the maximum
Lot Coverage for the Dwelling shall be 25 percent. On those Substandard Lots, the total Lot Coverage
by the Dwelling and all other Buildings and Structures on the Lot shall be limited to 30 percent.
(f) Driveway Location. The traveled surface of driveways serving Single-Family, Two-Family and
Multifamily Dwellings shall be set back a minimum of five feet from an abutting property line. This
minimum shall apply to the entire length of all driveways on the Lot. The traveled surface of a driveway
may be closer than five feet to an abutting property line if the closer placement of the driveway
improves land grades and if a retaining wall is provided in support of the driveway; no grades or
retaining walls or their maintenance may encroach upon the adjoining property.
(Ord. No. 39, § 5.14(R-1), 5-20-1987; Ord. No. 2004-02, § 3, 7-7-2004)
(a) Generally. For the R-1 residential zoned district, refer to section 40-634 as to general Sign
requirements.
(c)
in area.
in area.
(4)
(5) Such other Signs as may be permitted by the Planning Commission as a Special Approval
Use.
(6)
No Billboards shall be permitted.
(7) Unless made a part of the Signs permitted under [subsections] (1) or (2), Seasonal Rental
Signs may be no larger than 24 inches by eight inches and may not be posted for more than six
consecutive months.
(8)
(Ord. No. 39, § 5.16(R-1), 5-20-1987; Ord. No. 2006-02, § 4, 5-3-2006)
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(a) In the R-1 residential zoned district, accommodations for parking shall conform to the minimum
requirements of section 40-647
(b) No parking shall be permitted in the space between the principal right-of-way servicing the
property and the Front Line of the Principal Building, as extended to the Side Lot Lines, except upon a
clearly designated driveway or Parking Area.
(Ord. No. 39, § 5.18(R-1), 5-20-1987)
Secs. 40-235—40-270. - Reserved.
DIVISION 5. - R-2 RIVERSIDE RESIDENTIAL ZONED DISTRICT
Sec. 40-277. - Setback requirements and other conditions and limitations.
Sec. 40-278. - Permitted signs.
Sec. 40-280. - Anchoring of watercraft.
Secs. 40-281—40-315. - Reserved.
The R-2 riverside residential zoned district is that area of the township bordering the Kalamazoo River
and its tributaries where controls are placed upon the use and development of areas adjacent to such
river and its tributaries within the township and upon construction activity within such river and its
tributaries.
(Ord. No. 39, § 5.02(R-2), 5-20-1987)
For the R-2 riverside residential zoned district, see article V of this chapter for certain applicable
general provisions and sections 40-590 and 40-591 for permitted and prohibited Uses and such other
overriding requirements and restrictions of that portion of the riverside residential zoned district which is
located within the floodplain overlay district and/or within the natural rivers overlay district and section
40-1046 as to permitted and nonpermitted Uses or those requiring approval. Insofar as they serve the
purposes outlined in section 40-271, the following are permitted Uses:
a.
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Building.
c.
The exterior sidewalls of any dwelling shall not be less than 24 feet in width on each
side.
(2)
(4)
(5)
Vehicles.
constructed.
(8)
Wildlife and fish management operations and forest preserves.
(9) Farming and agricultural operations, together with a reasonable number of Accessory
Buildings incidental thereto.
(10) Household pets and horses as provided in section 40-273
No. 71, § 10, 10-1-1997; Ord. No. 2002-02, art. 6, 6-27-2002; Ord. No. 2009-03, § 1, 5-6-2009)
(a) In the R-2 riverside residential zoned district, usual household pets as well as horses are allowed
subject to their not becoming a public or private Nuisance to adjacent property owners or occupants
through trespass, odors, noise or pollution of water, ground or air.
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(Ord. No. 39, § 5.06(R-2), 5-20-1987)
In the R-2 riverside residential zoned district, Accessory Buildings may not occupy more than ten
percent of the area of the Parcel upon which situated.
(Ord. No. 39, § 5.08(R-2), 5-20-1987)
(a) In the R-2 riverside residential zoned district the minimum Lot Area requirements for Single-Family
Dwellings shall be as follows:
(1) Lots which are not governed by the subdivision regulations in article III of chapter 20 of this
Code or by the Site Condominium Project regulations in article XIII of chapter 40 of this Code shall
have a minimum Lot Area of 65,000 square feet (exclusive of Street or Private Road rights-of-way)
and a minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) of 150 feet.
(2) For Lots in developments governed by the subdivision regulations in article III of chapter 20
of this Code or by the Site Condominium Project regulations in article XIII of chapter 40 of this
Code, the minimum Lot Area for Dwellings not serviced by both public water and public sanitary
sewer utilities shall be 40,000 square feet (exclusive of Street or Private Road rights-of-way) and
feet. Within each subdivision or Site Condominium Project open space equal to 35 percent of the
total land area of the subdivision or Site Condominium Project shall be included. The calculation of
(3) For Lots in developments governed by the subdivision regulations in article III of chapter 20
of this Code or by the Site Condominium Project regulations in article XIII of chapter 40 of this
Code, the minimum Lot Area for Dwellings serviced by both public water and public sanitary sewer
utilities shall be 30,000 square feet (exclusive of Street or Private Road rights-of-way) and the
minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be 100 feet.
Within each subdivision or Site Condominium Project open space equal to 45 percent of the total
land area of the subdivision or Site Condominium Project shall be included. The calculation of the
open space area, and its regulation, shall be governed by the provisions of section 40-190
(b) The minimum Lot frontage for a Lot on a cul-de-sac or other irregularly shaped Lot shall be 40
feet.
(c)
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(Ord. No. 39, § 5.10(R-2), 5-20-1987; Ord. No. 58, § 6, 2-21-1996; Ord. No. 2004-02, § 4, 7-7-2004;
Ord. No. 2007-03, § 3, 7-11-2007)
In the R-2 riverside residential zoned district, no Building shall have a Building Height exceeding 35 feet
or 2½ Stories, whichever is less. No Dwelling having a Pitched Roof shall have a Building Height of less
than 14 feet, and no Dwelling having a Flat Roof shall have a Building Height of less than ten feet. No
(Ord. No. 39, § 5.12(R-2), 5-20-1987; Ord. No. 71, § 11, 10-1-1997)
The following special conditions and limitations shall apply to all Structures and Buildings located within
the R-2 riverside residential zoned district:
(1) No Buildings or Structures, other than docks, Piers, bulkheads, seawalls and other similar
Structures, shall be located less than 75 feet from the River's Edge and if to be located within the
floodplain overlay district, as required in section 40-591(c)(2)c.
(2) On Parcels or Lots situated in plats which have been duly recorded prior to the date of
adoption of the ordinance from which this section derives, Front Yard, Side Yard and Rear Yard
Setback lines of Principal Buildings shall be no less than the average established for existing
Principal Buildings within 500 feet on either side of the subject Parcel and, if no such averages
have been established, as shall be required in subsection (3) of this section.
(3) The following minimum requirements shall be observed in the R-2 Riverside Residential
Zoned District on unplatted parcels of land or on parcels of land platted or building sites recorded
after the date of adoption of the ordinance from which this section derives:
a. Front Yard. There shall be for every Building or Structure a minimum Front Yard from
any Street or Private Road providing access to the Parcel or Lot. The minimum Front Yard
shall be as follows.
1. For a Minor Street or a Private Road, the minimum Front Yard shall be 73 feet
from the Nominal Centerline or 40 feet from the established right-of-way line, whichever
is the greater distance from the traveled portion of the Street or Private Road.
Centerline or 50 feet from the established right-of-way line, whichever is the greater
distance from the traveled portion of the Street.
3. Unless regulated by the provisions of the Flood Plain Overlay district (section
40-590) or the Natural River Overlay district (section 40-591), the setback from the
Kalamazoo River shall be 75 feet. Where the Front Yard faces a body of water other
than the Kalamazoo River, a minimum Front Yard of 40 feet from the ordinary high
water mark [Ref. MCL 281.992(h) or any successor statute] of the adjacent body of
water shall be required.
b. Side Yard. For Lots where the Lot Width at the Building Setback is 125 feet or greater,
no Side Yard shall be less than 15 feet and the combined width of both Side Yards shall be
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not less than 40 feet. On all other Lots, no Side Yard shall be less than ten feet.
c.
Rear Yard. For Lots where the Lot Area is greater than one acre, the Rear Yard shall be
50 feet. On all other Lots, there shall be a minimum Rear Yard of not less than 30 feet except
an Accessory Building shall have a minimum Rear Yard of not less than ten feet.
d. Corner Lot. For a Corner Lot, the Front Yard requirement shall apply to both the Side
Yard and the Front Yard which have frontage upon a Street or a Private Road.
e. Lot Coverage. For Substandard Lots with a Lot Area of 20,000 square feet or less, the
maximum Lot Coverage for the Dwelling shall be 25 percent. On those Substandard Lots, the
total Lot Coverage by the Dwelling and all other Structures on the Lot shall be limited to 30
percent.
f.
Driveway Location. The traveled surface of driveways serving Single-Family,
Two-Family and Multifamily Dwellings shall be setback a minimum of five feet from an
abutting property line. This minimum shall apply to the entire length of all driveways on the
Lot. The traveled surface of a driveway may be closer than five feet to an abutting property
line if the closer placement of the driveway improves land grades and if a retaining wall is
provided in support of the driveway; no grades or retaining walls or their maintenance may
encroach upon the adjoining property.
(4) Pumphouses shall not be more than 36 square feet in Floor Area and not more than four feet
in height above ground level and must be screened from view from the abutting river or stream by
natural vegetation cover adequate for the purpose through 12 months of the year.
(5) A strip 25 feet in width bordering the Water's Edge of the applicable body of water shall be
maintained in its natural state or shall be planted and maintained in grass, trees, shrubs or other
plants.
(6)
No Dwellings shall be constructed on lands which are subject to flooding.
(7) All waste disposal systems and water systems shall comply with the rules and regulations of
the appropriate state agency and the county health department that are pertinent thereto.
(Ord. No. 39, § 5.14(R-2), 5-20-1987; Ord. No. 2004-02, § 5, 7-7-2004)
Sec. 40-278. - Permitted signs.
(a) Generally. For the R-2 riverside residential zoned district, refer to section 40-634 as to general
Sign requirements.
(c) Natural river overlay district. Reference is made to section 40-591(c)(6) as to the restrictions and
requirements applicable to Signs in the natural river overlay district.
(d) Permitted Signs. In respect to the area of the riverside residential zone district lying outside of the
natural river overlay district, permitted Signs are the following:
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in area.
in area.
(4)
Use.
(6)
(7) Unless made a part of the Signs permitted under [subsections] (1) or (2), Seasonal Rental
Signs may be no larger than 24 inches by eight inches and may not be posted for more than six
consecutive months.
(8)
(Ord. No. 39, § 5.16(R-2), 5-20-1987; Ord. No. 2006-02, § 5, 5-3-2006)
(a) In the R-2 riverside residential zoned district, accommodations for parking shall conform to the
minimum requirements of section 40-647
(Ord. No. 39, § 5.18(R-2), 5-20-1987)
Watercraft may be anchored upon any stream or body of water adjacent to any Parcel of land in the
R-2 riverside residential zoned district, as long as such anchoring does not unreasonably interfere with
the navigation of other watercraft upon such body of water. Mooring buoys and the use of temporary or
permanent mooring or anchoring devices other than anchors carried on the watercraft to be temporarily
secured (that is secured otherwise than at a dock, Pier, seawall, bulkhead or similar Structure) are
prohibited.
(Ord. No. 39, § 5.22(R-2), 5-20-1987)
Secs. 40-281—40-315. - Reserved.
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DIVISION 6. - R-3 LAKESHORE RESIDENTIAL ZONED DISTRICT
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
40-316. - Statement of purpose.
40-317. - Permitted Uses.
40-318. - Household pets/horses.
40-319. - Accessory Buildings.
40-320. - Area requirements.
40-321. - Height requirements.
40-322. - Setback requirements and other conditions and limitations.
40-323. - Permitted Signs.
40-324. - Parking.
40-325. - Location of Buildings, Structures, roads and driveways.
40-326. - Reserved.
40-327. - Anchoring of watercraft.
The R-3 lakeshore residential zoned district is that area of the township where controls are placed upon
the Use and development of areas adjacent to the Shoreline of Lake Michigan so as to preserve such
Shoreline as a natural resource to prevent and/or control erosion and to maintain the aesthetic qualities
of the area.
(Ord. No. 39, § 5.02(R-3), 5-20-1987)
For the R-3 lakeshore residential zoned district, see article V of this chapter for certain applicable
general sections and section 40-1046 for permitted and nonpermitted Uses or those Uses requiring
Planning Commission approval. Insofar as they serve the purposes outlined in section 40-316, the
following are permitted Uses:
a.
One story: 1,000 square feet of Ground Floor Area.
Building.
c.
The exterior side walls of any dwelling shall not be less than 24 feet in width on each
side.
(2)
(4)
(5)
(6)
A single Private Garage for each Dwelling Unit for the keeping of not more than three Motor
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Vehicles.
constructed.
(8)
(9) Farming and agricultural operations, together with a reasonable number of Accessory
Buildings incidental thereto.
(10) Household pets and horses as provided in section 40-318
Planned Unit Developments as shall be approved by the Planning Commission.
No. 71, § 12, 10-1-1997; Ord. No. 2002-02, art. 7, 6-27-2002; Ord. No. 2009-03, § 1, 5-6-2009)
(a) In the R-3 lakeshore residential zoned district, usual household pets as well as horses are allowed
subject to their not becoming a public or private Nuisance to adjacent property owners or occupants
(Ord. No. 39, § 5.06(R-3), 5-20-1987)
Accessory Buildings in the R-3 lakeshore residential zoned district may not occupy more than ten
(Ord. No. 39, § 5.08(R-3), 5-20-1987)
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(a) In the R-3 lakeshore residential zoned district, the minimum Lot Area for single- and Two-Family
Dwellings shall be 20,000 square feet (exclusive of Street or Private Road rights-of-way), and the
minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be 100 feet,
except on Parcels or Lots situated within plats which have been duly recorded prior to the date of
adoption of the ordinance from which this section derives.
(b) The minimum Lot Area for three- and four-Family Dwellings shall be 20,000 square feet plus 5,000
square feet for each Dwelling Unit (exclusive of Street or Private Road rights-of-way), and the minimum
Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be 100 feet plus any
additional footage which might be required by the Planning Commission as a condition to a Special
Approval Use.
(c) The minimum Lot Area for Buildings containing five or more Dwelling Units shall be 30,000 square
feet plus 5,000 square feet for each Dwelling Unit (exclusive of Street or Private Road rights-of-way),
and the minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be 100
feet plus any additional footage which might be required by the Planning Commission as a condition to
Planned Unit Development approval.
(d) The minimum Lot frontage for a Lot with a Single-Family Dwelling on a cul-de-sac or other
irregularly shaped Lot shall be 40 feet.
(e)
(Ord. No. 39, § 5.10(R-3), 5-20-1987)
In the R-3 lakeshore residential zoned district, no Building shall have a Building Height exceeding 35
feet or 2½ Stories, whichever is less. No Dwelling having a Pitched Roof shall have a Building Height of
less than 14 feet, and no Dwelling having a Flat Roof shall have a Building Height of less than ten feet.
No Structure shall exceed a Building Height of 50 feet, except as otherwise provided in section
40-625(c).
(Ord. No. 39, § 5.12(R-3), 5-20-1987; Ord. No. 71, § 13, 10-1-1997)
The following special Setback requirements and other conditions and limitations shall apply in the R-3
lakeshore residential zoned district:
(1) On Parcels or Lots situated in plats which have been duly recorded prior to the date of
adoption of the ordinance from which this section derives, Front Yard, Side Yard and Rear Yard
Setback lines of Principal Buildings shall be no less than the average established for existing
Principal Buildings within 500 feet on either side of the subject Parcel, and if no such averages
have been established, as shall be required in subsection (2) of this section.
(2) The following minimum requirements shall be observed in the R-3 Lakeshore Residential
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is the greater distance from the traveled portion of the Street or Private Road.
3. For properties along or near Lake Michigan that are within the Flood Plain Overlay
District and/or a designated high-risk erosion area, setbacks from Lake Michigan shall
be established under section 40-590 Flood Plain Overlay District and/or provisions of
the Michigan Shoreline Protection and Management Act (PA 245 of 1970 as amended)
as applicable. Where the Front Yard faces a body of water other than Lake Michigan, a
minimum Front Yard of 40 feet from the ordinary high water mark [Ref. MCL 281.992(h)
or any successor statute] of the adjacent body of water shall be required.
no Side Yard shall be less than 15 feet and the combined width of both Side Yards shall be
not less than 40 feet. On all other Lots, no Side Yard shall be less than ten feet.
c.
Rear Yard. For Lots where the Lot Area is greater than one acre, the minimum Rear
Yard shall be 50 feet. On all other Lots, there shall be a minimum Rear Yard of not less than
30 feet, except an Accessory Building shall have a minimum Rear Yard of not less than ten
feet.
d. Corner Lot. For a Corner Lot, the Front Yard setback requirement shall apply to both the
Side Yard and the Front Yard which have frontage upon a Street or a Private Road.
maximum Lot Coverage for the Dwelling shall be 25 percent. On those Substandard Lots, the
total Lot Coverage by the Dwelling and all other Structures on the Lot shall be limited to 30
percent.
f.
(3) Pumphouses on lands bordering the Kalamazoo River shall not be more than 36 square feet
in Floor Area and not more than four feet in height above ground level and must be screened from
view from the abutting body of water by natural vegetation cover adequate for the purpose through
12 months of the year.
(4)
No Dwelling shall be constructed on lands which are subject to flooding.
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(5) All waste disposal systems and water systems shall comply with the rules and regulations of
the appropriate state agency and the county health department that are pertinent thereto.
(6) The appropriate state agency must be notified of all requests for rezonings, Variances and
special exceptions within the High Risk Erosion Area Overlay District as if it were an otherwise
interested party required to be notified of such proceedings under the applicable provisions of the
Zoning Act.
(Ord. No. 39, § 5.14(R-3), 5-20-1987; Ord. No. 2004-02, § 6, 7-7-2004)
(a) Generally. For the R-3 lakeshore residential zoned district, refer to section 40-634 as to general
Sign requirements.
(c)
Permitted Signs. Permitted Signs are the following:
in area.
in area.
(4)
Use.
(6)
(7) Unless made a part of the Signs permitted under [subsections] (1) or (2) of this section,
Seasonal Rental Signs may be no larger than 24 inches by eight inches and may not be posted for
more than six consecutive months.
(8)
(Ord. No. 39, § 5.16(R-3), 5-20-1987; Ord. No. 2006-02, § 6, 5-3-2006)
(a) In the R-3 lakeshore residential zoned district, accommodations for parking shall conform to the
(b)
No parking shall be permitted in the space between the principal right-of-way servicing the
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(Ord. No. 39, § 5.18(R-3), 5-20-1987)
Sec. 40-325. - Location of Buildings, Structures, roads and driveways.
(a) In the R-3 lakeshore residential zoned district, Buildings, Structures, roads and driveways shall be
located in areas where water level and/or erosion of dunes, banks or soil has been stabilized.
(b)
When and where practical, shared access drives, roads and utility easements will be encouraged.
(c) Access roads and driveways shall have beach grass (Ammophila breviligulta) or other suitable
material planted on areas of open sand or nonstabilized soil 50 feet on each side of the road or
driveway.
(d) Buildings, Structures, roads and driveways shall be placed so as to minimize the disturbance of
natural vegetation and the risk of erosion.
(Ord. No. 39, § 5.20(R-3), 5-20-1987)
Editor's note— Ord. No. 2006-02, § 21, adopted Feb. 6, 2006, deleted § 40-326, which pertained to management and
regulation of Uses and developments in the designated critical sand dune area and derived from Ord. No. 43, § 1,
adopted Jan. 18, 1989.
R-3 lakeshore residential zoned district as long as such anchoring does not unreasonably interfere with
secured (that is secured otherwise than at a dock, Pier, seawall, bulkhead or similar Structure) are
prohibited.
(Ord. No. 39, § 5.24(R-3), 5-20-1987)
DIVISION 6B. - R-3B LAKESHORE TRANSITION ZONED DISTRICT
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
40-330. - Household pets/horses.
40-336. - Location of Buildings, Structures, roads and driveways.
40-337. - Management and regulation of Uses and developments in the designated critical sand dune.
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Sect. 40-338. - Parking.
The R-3B lakeshore transition zoned district recognizes the unique qualities of certain areas near the
Shoreline of Lake Michigan in terms of their natural features and attractiveness for future residential
Use. The provisions of the district accommodate moderate densities of new residential growth and
require development to incorporate significant elements of preserved open space.
Certain areas of the R-3B lakeshore transition zoned district are naturally linked to the Lake Michigan
beach and dune system, and areas north of the City of Saugatuck are directly adjacent to the
Shoreline. Controls are placed on the development and Use of such areas so as to preserve the
Shoreline and critical sand dune areas as natural resources and to prevent and/or control erosion and
maintain the aesthetic qualities of the area.
(Ord. No. 2004-02, § 7, 7-7-2004)
For the R-3B lakeshore transition zoned district, see article V of this chapter for certain applicable
general sections. Insofar as they serve the purposes outlined in Section 40-328, the following are
permitted uses unless otherwise restricted by Section 40-337 and Section 40-590.
(a) Minimum size of Dwelling Units. Each Single-Family Dwelling and Two-Family Dwelling shall
have minimum Floor Area as follows:
1.
One story: 1,000 square feet of Ground Floor Area.
2. One-and one-half Story and two-Story: 1,000 square feet of total Floor Area with a
Building.
3. The exterior sidewalls of any Dwelling shall not be less than 24 feet in width on each
side.
(b)
(c) Churches and parish houses, public schools and educational institutions and other similar
(d)
(e)
(f) A single Private Garage for each Dwelling Unit for the keeping of not more than three Motor
Vehicles.
(g) A Mobile Home utilized as a temporary residence in conformance with subsection 40-648(b)
and Located only by special permit of the Zoning Administrator while a permanent Dwelling is
being constructed.
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(h)
(i) Farming and agricultural operations, together with a reasonable number of incidental
Accessory Buildings.
(j)
Household pets and horses as provided in section 40-318
(k) Accessory Buildings, Structures and other Uses customarily incidental to any of the permitted
(l) Triplex and quadruplex dwellings as may be approved a Planned Unit Developments by the
Planning Commission.
(m) Any other permitted Uses set forth in section 40-1046 (same as outlined for R-3) and such
Special Approval Uses or Planned Unit Developments as shall be permitted by the Planning
Commission.
(n)
Waterfront Access Property, Docks and piers in accordance with the provisions of Article XII.
(Ord. No. 2004-02, § 7, 7-7-2004; Ord. No. 2009-03, § 1, 5-6-2009)
(a) In the R-3B lakeshore transition zoned district, usual household pets as well as horses are allowed
subject to them not becoming a public or private Nuisance to adjacent property owners or occupants
(Ord. No. 2004-02, § 7, 7-7-2004)
In the R-3B lakeshore transition zoned district, Accessory Buildings may not occupy more than ten
(Ord. No. 2004-02, § 7, 7-7-2004)
(a)
In the R-3B lakeshore transition zoned district the minimum Lot Area requirements for
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Single-Family and Two-Family Dwellings shall be as follows:
(1) Lots which are not governed by the subdivision regulations in article III of chapter 20 of this
Code or by the Site Condominium Project regulations in article XIII of chapter 40 of this Code shall
have a minimum Lot Area of 65,000 square feet (exclusive of Street or Private Road
rights-of-way), and a Lot frontage (Lot Width at the Street or Private Road right-of-way line) of 150
feet.
(2) The minimum Lot Area for Dwellings which are governed by the subdivision regulations in
article III of chapter 20 of this Code or by the Site Condominium Project regulations in article XIII
of chapter 40 of this Code, but which are not serviced by both public water and public sanitary
sewer utilities shall be 40,000 square feet (exclusive of Street or Private Road rights-of-way) and
feet. Within each subdivision or Site Condominium Project open space equal to 35 percent of the
total land area of the subdivision or Site Condominium Project shall be included. The calculation of
(3) The minimum Lot Area for Dwellings which are governed by the subdivision regulations in
article III of chapter 20 of this Code or by the Site Condominium Project regulations in article XIII
of chapter 40 of this Code, and which are serviced by both public water and public sanitary sewer
utilities shall be 30,000 square feet (exclusive of Street or Private Road rights-of-way) and the
minimum Lot frontage (Lot Width at the Street or Private Road right-of-way line) shall be 100 feet.
Within each subdivision or Site Condominium Project open space equal to 45 percent of the total
land area of the subdivision or Site Condominium Project shall be included. The calculation of the
open space area, and its regulation, shall be governed by the provisions of section 40-190
(b) The minimum Lot frontage for a Lot with a Single-Family or Two-Family Dwelling on a cul-de-sac
or other irregularly shaped Lot shall be 40 feet.
(c)
(Ord. No. 2004-02, § 7, 7-7-2004; Ord. No. 2007-03, § 4, 7-11-2007)
In the R-3B lakeshore transition zoned district, no Building shall have a Building Height exceeding 35
feet or two and one-half Stories, whichever is less. No Dwelling having a Pitched Roof shall have a
Building Height of less than 14 feet, and no Dwelling having a Flat Roof shall have a Building Height of
less than ten feet. No Structure shall exceed a Building Height of 50 feet, except as otherwise provided
in subsection 40-625(c).
(Ord. No. 2004-02, § 7, 7-7-2004)
The following minimum requirements shall be observed in the R-3B Lakeshore Transition zoned district
unless located in the Flood Plain Overlay district (section 40-590), a critical sand dune area (Section
40-337) or a designated high risk erosion area (PA 245 of 1970):
(1)
On parcels or Lots or building sites situated in plats or site condominium projects which have
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been duly recorded prior to the date of adoption of the ordinance from which this section derives,
front yard, side yard and rear yard setback lines of principle buildings shall be no less than the
average established for existing principal buildings within 500 feet on either side of the subject
parcel, and if no such averages have been established, as shall be required in the subsection (2).
(2) The following minimum requirements shall be observed in the R-3B Lakeshore Transition
provides the greater distance from the traveled portion of the Street or Private Road.
3. For properties along or near Lake Michigan that are within the Flood Plain Overlay
District and/or a designated high-risk erosion area, setbacks from Lake Michigan shall
be established under Section 40-590 Flood Plain Overlay District and/or provisions of
the Michigan Shoreline Protection and Management Act (PA 245 of 1970 as amended)
as applicable. Where the Front Yard faces a body of water other than Lake Michigan, a
minimum Front Yard of 40 feet from the ordinary high water mark [Ref. MCL 281.992(h)
or any successor statute] of the adjacent body of water shall be required.
no Side Yard shall be less than 15 feet and the combined width of both Side Yards shall not
be less than 40 feet. On all other Lots, no Side Yard shall be less than ten feet.
c.
Rear Yard. For Lots where the Lot Size is greater than one acre, the minimum Rear
Yard setback shall be 50 feet. On all other Lots, there shall be a minimum Rear Yard of not
less than 30 feet, except an Accessory Building shall have a minimum Rear Yard of not less
than ten feet.
d. Corner Lot. For a Corner Lot, the minimum Front Yard requirement shall apply to both
the Side Yard and the Front Yard which have frontage upon a Street or a Private Road.
maximum Lot coverage for the Dwelling shall be 25 percent. On those Substandard Lots, the
total Lot coverage by the Dwelling and all other Buildings and Structures on the Lot shall be
30 percent.
f.
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g. Pump Houses. Pump houses shall not be more than 36 square feet in Floor Area and
not more than four feet in height above ground level and must be screened from view from
the abutting body of water by natural vegetation cover adequate for the purpose through 12
months of the year.
h.
Flooding. No Dwellings shall be constructed on lands that are subject to flooding.
i.
Waste Disposal and Water Systems. All waste disposal systems and water systems
shall comply with the rules and regulations of the appropriate state agency and the county
health department that are pertinent thereto.
(Ord. No. 2004-02, § 7, 7-7-2004)
(a) Generally. For the R-3B lakeshore transition zoned district, refer to section 40-634 as to general
Sign requirements.
(b) Setback Requirements. No Sign or Sign Structure shall be located within ten feet of any adjoining
Parcel or any Street or Private Road right-of-way line. Further, no Sign or Sign Structure shall be so
erected or maintained as to interfere with, obstruct the view of, or be confused with an authorized traffic
Sign, signal or device.
(c)
in area.
in area.
(4)
Use.
(6)
(7) Unless made a part of the Signs permitted under (c) 1 or (c) 2 of this section, Seasonal
Rental Signs may be no larger than 24 inches by eight inches and may not be posted for more
than six consecutive months.
(8)
(Ord. No. 2004-02, § 7, 7-7-2004; Ord. No. 2006-02, § 7, 5-3-2006)
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Sec. 40-336. - Location of Buildings, Structures, roads and driveways.
(a) In the R-3B lakeshore transition zoned district, Buildings, Structures, roads and driveways shall be
located in areas where water level and erosion of dunes, banks or soil have been stabilized.
(b)
(c) Access roads and driveways shall have beach grass (Ammophila breviligulata) or other suitable
material planted on areas of open sand or nonstabilized soil 50 feet on each side of the road or
driveway.
(d) Buildings, Structures, roads and driveways shall be placed so as to minimize the disturbance of
(Ord. No. 2004-02, § 7, 7-7-2004)
Sec. 40-337. - Management and regulation of Uses and developments in the designated critical
sand dune.
(a) For the purposes of this section, the critical sand dune area is that portion of the R-3B lakeshore
transition zoned district as identified on the zoning map lying east of and along Lake Michigan between
the north boundary line of the township and the north boundary of the City of Saugatuck or such
portions of the township as shall be defined or located by the state or by the appropriate state agency
as designated critical sand dune areas pursuant to statutory authority.
(b) No Uses or developments are permitted in the designated critical sand dune area without a permit
authorized by the Planning Commission.
(c)
The only Uses that may be allowed in the critical sand dune area are the following:
(1)
Single-Family Dwellings with Accessory Structures as permitted in section 40-329
(2)
Household pets as provided in section 40-318
(3) Such noncommercial recreational uses as would not have a materially adverse effect upon
the natural contours of the land and its vegetation.
(4) Such Planned Unit Developments and special approval uses as may be approved by the
Planning Commission, but only for residential or noncommercial recreational Uses.
(d) The procedures to obtain a permit for development, construction and Uses in the critical sand
dune area are the same procedures as are required for a Planned Unit Development permit as set forth
in article VIII of this chapter. Primary consideration of any application by the Planning Commission will
be the adverse effects such proposed development, construction, and Uses might have upon the
existing sand dune area and its vegetation. It is the intention of the township to preserve the sand dune
area and its vegetation in its natural state.
(e) For the minimum area requirements for development, any minimum area requirements
established by the state or the appropriate state agency shall take precedence and shall be enforced by
the township. For the purposes of this subsection, the term "Structure" shall not include fences which
may be approved by the Planning Commission as to nature, size and location for erosion control/sand
stabilization purposes. The minimum area requirements for development are as follows (in case of a
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conflict between these requirements, the more stringent shall apply):
(1)
A two-acre Lot/Parcel area for a Single-Family Dwelling.
(2) No Building or Structure shall be located closer than 100 feet landward from the crest of the
first landward sand dune formation along Lake Michigan or along the Kalamazoo River.
(3)
No Lot Line (Front, Rear, Side) shall be less than 150 feet in length.
(4)
The Front Yard from any Building or Structure shall not be less than 50 feet.
(5)
Side Yards from any Building or Structure shall not be less than 25 feet.
(6)
The Rear Yard from any Building or Structure shall not be less than 25 feet.
(7) No Building or Structure shall be located less than 25 feet from any road or Street
right-of-way that serves or shall be required to serve more than one Lot or Parcel of land.
(f) Roads, Streets and access driveways shall be located at least 100 feet landward of the first
landward sand dune formation from Lake Michigan or from the Kalamazoo River and shall be located in
troughs and/or through natural gaps within the dune area.
(1) When and where practical, shared drives, roads and utility easements or access routes shall
be required.
(2) Beach grass (Ammophila breviligulata) or other suitable or similar vegetation material shall
be planted on areas of open sand for a minimum distance of 50 feet on each side of roads, Streets
and driveways.
(3)
Roads, streets and driveways shall be paved.
(4) Nonvehicle, pedestrian pathways and trails shall be designated and shall primarily be sited in
the troughs, valleys and natural gaps of the dunes. Erosion or damage to sand areas, whether
vegetated or not, by use of pathways or trails shall require the installation, use and maintenance of
raised boardwalks or stairs.
(5) Motorized vehicles, snowmobiles and bicycles shall be restricted to traveling only on
designated roads, Streets and driveways. No all-terrain vehicles or motorcycles shall be operated
within a critical sand dune area. This subsection may be enforced by any police agency of
appropriate jurisdiction.
(g) The location of any Buildings, Structures, roads, Streets and driveways shall be restricted to areas
where natural vegetation has stabilized the sand or where the sand can demonstrably be stabilized by
the planting and maintenance of natural vegetation.
(1) Raised construction techniques shall be utilized in areas of unstable or sparsely vegetated
sand.
(2) Such Building and location techniques shall be utilized as to minimize the disturbances of
dune contours and natural vegetation.
(3) During any construction activity, any disturbed sand shall be stabilized by artificial
(temporary) or by natural vegetation (permanent) means. Following completion of any construction
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activity, disturbed sand shall be stabilized by natural vegetation (permanent) means, and such
stabilization shall be regularly monitored and maintained so as to ensure its effectiveness.
(h) Statutes promulgated by the state legislature and/or rules and regulations statutorily authorized
and promulgated by the appropriate state agency from time to time which contain more restrictive or
additional terms and conditions as to the Use and development of Lots or Parcels of land within the
township's critical sand dune areas, and which the township is required to follow and enforce, shall be
incorporated in this section by reference upon their respective effective dates and shall modify and/or
supplement the terms and conditions of this section. Copies of such mandatory laws, rules and
regulations shall be kept on file at the township office for inspection during regular business hours and
shall be currently maintained by the township clerk.
(Ord. No. 2004-02, § 7, 7-7-2004)
Sect. 40-338. - Parking.
(a) In the R-3B lakeshore transition zoned district, accommodations for parking shall conform to the
(Ord. No. 2004-02, § 7, 7-7-2004)
R-3B lakeshore transition zoned district, as long as such anchoring does not unreasonably interfere
with the navigation of other watercraft upon such body of water. Mooring buoys and the use of
temporary or permanent mooring or anchoring devices other than anchors carried on the watercraft to
be temporarily secured (that is secured otherwise than at a dock, Pier, seawall, bulkhead or similar
Structure) are prohibited.
(Ord. No. 2004-02, § 7, 7-7-2004)
DIVISION 6C. - R-4 LAKESHORE OPEN SPACE ZONED DISTRICT
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
40-341. - Use and development approval procedures.
40-343. - Location of Buildings, Structures, Streets, Private Roads and driveways.
40-348. - Household pets.
40-350. - Parking.
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Sec. 40-352. - Critical sand dune area—Overriding state authority.
Secs. 40-353—40-365. - Reserved.
The R-4 lakeshore open space zoned district recognizes the unique pristine qualities of Lake Michigan
Shoreline and dune areas located in certain parts of the township. The provisions of the R-4 district are
intended to permit residential development in a manner that preserves the uniqueness of the area. The
overall density and intensity of development in the district will therefore be low and requiring
development to incorporate significant elements of preserved natural features and open space. It is the
intention of the township to preserve the Shoreline and sand dune area and its vegetation in its natural
state to the fullest practical extent.
Much of this district is naturally linked to the Lake Michigan beach and dune system. Controls are
placed on the development and Use of such areas so as to preserve the Shoreline and critical sand
dune areas as natural resources, to preserve the areas of historic importance as protected historic
sites, to prevent and/or control erosion, and to maintain the aesthetic and historical qualities of the area.
(Ord. No. 2006-02, § 19, 5-3-2006)
Sec. 40-341. - Use and development approval procedures.
Prior to the issuance of any Building or construction Permit for any Street or Private Road or
development or any individual permitted Use in the lakeshore open space zoned district, the Use must
be authorized as a Planned Unit Development or be an approved element of an approved PUD except
for existing (as of the date of enactment of this division) Lots or Parcels less than 12 acres in size. The
procedures to obtain a permit for development, construction and Uses are the same procedures as are
required for a Planned Unit Development permit as set forth in article VIII of this chapter. Primary
consideration of any application by the Planning Commission will be the adverse effects such proposed
development, construction, and Uses might have upon the existing sand dune area, its vegetation, and
sites of historic significance. The township requires impact statements on such historical and natural
resources as part of the application for a Planned Unit Development. Such impact statements must be
conducted by accredited natural scientists, archaeologists, historians or similar experts selected or
approved by the township and paid for by the applicant. At the option of the developer and unless
superceded by state regulatory statute, flexibility to permit modest density increases (up to 20 percent)
in strategically designed and located residential cluster areas may be requested and granted. Density
increases will only be granted in exchange for permanently preserved natural open space. These
increases may be achieved if the standards outlined in section 40-190, subsections (e) through (o), are
satisfied. Note that land included in the critical sand dune area (and designated as unbuildable by the
relevant state authorities) is not to be included in determining the base number of Dwelling Units
permitted.
(Ord. No. 2006-02, § 19, 5-3-2006)
For the R-4 lakeshore open space zoned district, see article V for certain applicable general sections.
Insofar as they serve the purposes outlined in section 40-340, the following are permitted Uses unless
otherwise restricted by section 40-590 and applicable state critical sand dune and high-risk erosion
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regulations:
(a) Minimum size of Dwelling Units. Each Single-Family Dwelling shall have minimum Floor Area
as follows:
1.
One story: 1,000 square feet of Ground Floor Area;
2. One-and-one-half story and two-Story: 1,000 square feet of total Floor Area with a
Building; and
3. The exterior sidewalls of any Dwelling shall not be less than 24 feet in width on each
side.
(b)
(c) Parks and public recreation areas, natural areas, wildlife management operations and forest
preserves.
(d) A single Private Garage for each Dwelling Unit for the keeping of not more than three Motor
Vehicles.
(e) A Mobile Home utilized as a temporary residence in conformance with subsection 40-648(b)
and Located only by special permit of the Zoning Administrator while a permanent Dwelling is
being constructed.
(f)
Household pets as provided in section 40-348
(g) Accessory Buildings, Structures and other Uses customarily incidental to any of the permitted
Uses in this section when located on the same Lot or Parcel.
(h) Single-Family residential PUD developments using the rural open space option requirements
and design standards contained in Section 40-190, subsections (e) through (o), and those
standards entailing noncommercial recreational uses as may be approved by the Planning
Commission.
(i)
Private residential Dwellings existing as of the date of enactment of this division.
(j)
Waterfront Access Property in accordance with the provisions of Article XII.
(k)
Docks and Piers in accordance within the provisions of Article XII.
(Ord. No. 2006-02, § 19, 5-3-2006; Ord. No. 2009-03, § 2, 5-6-2009; Ord. No. 2010-01, § 1, 12-1-2010)
Sec. 40-343. - Location of Buildings, Structures, Streets, Private Roads and driveways.
(a) Streets, Private Roads, and access driveways shall be located at least 100 feet landward of the
first landward sand dune formation from Lake Michigan or from the Kalamazoo River and shall be
located in troughs and/or through natural gaps within the dune area.
(1) When and where practical, shared drives, Private Roads and utility easements or access
routes shall be required.
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(2) Beach grass (Ammophila breviligulata) or other suitable or similar vegetation material shall
be planted on areas of open sand for a minimum distance of 50 feet on each side of Private
Roads, Streets and driveways.
(3) Nonvehicle, pedestrian pathways and trails shall be designated and shall primarily be sited in
the troughs, valleys and natural gaps of the dunes. Erosion or damage to sand areas, whether
vegetated or not, by use of pathways or trails shall require the installation, Use and maintenance
of raised boardwalks or stairs.
(4) Motor Vehicles, snowmobiles and bicycles shall be restricted to traveling only on designated
Private Roads, Streets and driveways. No all-terrain Motor Vehicles or motorcycles shall be
operated within a critical sand dune area.
(b)
Reserved.
(c)
Reserved.
(d)
Reserved.
(e)
Reserved.
(f)
Reserved.
(g) The location of any Buildings, Structures, Private Roads, Streets and driveways shall be restricted
to areas where natural vegetation has stabilized the sand or where the sand can demonstrably be
stabilized by the planting and maintenance of natural vegetation.
(1) Raised construction techniques shall be utilized in areas of unstable or sparsely vegetated
sand.
(2) Building and location techniques shall be utilized to minimize the disturbances of dune
contours and natural vegetation.
(3) During any construction activity, any disturbed sand shall be stabilized by artificial
(temporary) or by natural vegetation (permanent) means. Following completion of any construction
activity, disturbed sand shall be stabilized by natural vegetation (permanent) means, and such
stabilization shall be regularly monitored and maintained so as to ensure its effectiveness.
(4) Low impact landscaping that retains existing natural features is strongly encouraged instead
of the use of lawns and grass-landscaped areas.
(Ord. No. 2006-02, § 19, 5-3-2006)
The minimum Lot Area for all Uses allowed in the R-4 lakeshore open space zoned district shall be five
acres (exclusive of Street or Private Road rights-of-way), except on existing Lots or Parcels less than
12 acres in size, where the minimum Lot Area shall be one and one-half acres (exclusive of Street or
Private Road rights-of-way).
(Ord. No. 2006-02, § 19, 5-3-2006; Ord. No. 2007-03, § 5, 7-11-2007)
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In the R-4 lakeshore open space zoned district, no Building shall have a Building Height exceeding 35
feet or two and one-half Stories, whichever is less. No Dwelling having a Pitched Roof shall have a
Building Height of less than 14 feet, and no Dwelling having a Flat Roof shall have a Building Height of
less than ten feet. No other Structure shall exceed a height of 50 feet, except as otherwise provided in
subsection 40-625(c).
(Ord. No. 2006-02, § 19, 5-3-2006)
The following minimum requirements shall be observed in the R-4 lakeshore open space zoned district
unless superceded by the requirements of the floodplain overlay district (section 40-590), the Michigan
Shoreline Protection and Management Act (Public Act No. 245 of 1970, as amended) or the Sand Dune
Protection And Management Act (Public Act 222 of 1976, as amended). Any minimum area
requirements established by the state or the appropriate state agency shall take precedence and shall
be enforced by the township. For the purposes of this subsection, the term "Structure" shall not include
fences which may be approved by the Planning Commission as to nature, size and location for erosion
control/sand stabilization purposes. The minimum area requirements for development are as follows (in
case of a conflict between these requirements, the more stringent shall apply):
(a) No Building or Structure shall be located closer than 100 feet landward from the crest of the
first landward sand dune formation along Lake Michigan or along the Kalamazoo River.
(b) Front Yard. There shall be for every Building or Structure a minimum Front Yard from any
Street or Private Road providing access to the Parcel or Lot. The minimum Front Yard shall be as
follows:
1. For a Minor Street or a Private Road, the minimum Front Yard shall be 73 feet from the
Nominal Centerline or 50 feet from the established right-of-way line, whichever provides the
greater distance from the traveled portion of the Street or Private Road.
Centerline or 50 feet from the established right-of-way, whichever is the greater distance
from the traveled portion of the Street.
3. For properties along or near Lake Michigan that are within the floodplain overlay district
and/or a designated high risk erosion area and/or a critical sand dune area, setbacks from
Lake Michigan shall be established under section 40-590 (floodplain overlay district) and/or
provisions of the Michigan Shoreline Protection and Management Act (Public Act No. 245 of
1970, as amended)and/or the Sand Dune Protection And Management Act (Public Act No.
222 of 1976, as amended).
Where the Lot fronts a body of water other than Lake Michigan, the Setback along
OxBow Lagoon or the Kalamazoo River shall be at least 200 feet from the water's edge.
However, the Setback may be decreased three feet for every foot of vertical bank height
above the ordinary high water mark until a minimum Setback of 100 feet from the
water's edge is reached.
(c)
Side Yard. No Side Yard shall be less than 25 feet and the combined width of both Side
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Yards shall not be less than 50 feet.
(d)
Rear Yard. The minimum Rear Yard shall be 25 feet.
(e) Corner Lot. For a Corner Lot, the minimum Front Yard requirement shall apply to both the
Side Yard and the Front Yard which have frontage upon a Street or a Private Road.
(f) Lot Coverage. For Substandard Lots with a Lot Area of 20,000 square feet or less, the
maximum Lot coverage for the Dwelling shall be 25 percent, and the maximum Lot coverage for
the Dwelling and all other Buildings and Structures on the Lot shall be 30 percent.
(g) Driveway Location. The traveled surface of driveways shall be setback a minimum of five feet
from an abutting property line. This minimum shall apply to the entire length of all driveways on the
Lot. The traveled surface of a driveway may be closer than five feet to an abutting property line if
the closer placement of the driveway improves land grades and if a retaining wall is provided in
support of the driveway; no grades or retaining walls or their maintenance may encroach upon the
adjoining property.
(h) Pump Houses. Pump houses shall not be more than 36 square feet in Floor Area and not
more than four feet in height above ground level and must be screened from view from the
abutting body of water by natural vegetation cover adequate for the purpose through 12 months of
the year.
(i) Flooding. No Dwellings shall be constructed on lands that are subject to flooding. Land that is
subject to flooding means that area of land adjoining the designated portions of the river and
tributaries which will be inundated by a flood which has a one-percent chance of occurring or
being exceeded in any given year (intermediate regional flood), as determined by detailed
hydraulic studies which are acceptable to the appropriate state agency.
(j) Waste Disposal and Water Systems. All waste disposal systems and water systems shall
comply with the rules and regulations of the appropriate state agency and the county health
department that are pertinent thereto.
(Ord. No. 2006-02, § 19, 5-3-2006)
Accessory Buildings in the R-4 lakeshore open space zoned district must follow the general provisions
of section 40-631.
(Ord. No. 2006-02, § 19, 5-3-2006)
Sec. 40-348. - Household pets.
(a) In the R-4 lakeshore open space zoned district, usual household pets not exceeding a total of
three are allowed subject to them not becoming a public or private Nuisance to adjacent property
owners or occupants through trespass, odors, noise or pollution of water, ground or air. In any event,
the keeping of fowl, poultry, horses and other farm animals is not allowed.
(b) Any litter of dogs or cats which causes the limits of this section to be exceeded shall not constitute
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(Ord. No. 2006-02, § 19, 5-3-2006)
(a) Generally. For the R-4 lakeshore open space zoned district, refer to section 40-634 as to general
Sign requirements.
Parcel or any Street or Private Road right-of-way line. Further, no Sign or Sign Structure shall be so
erected or maintained as to interfere with, obstruct the view of, or be confused with an authorized traffic
Sign, signal or device.
(c)
in area.
in area.
(4)
Use.
(6)
(7) Unless made a part of the Signs permitted under [subsections] (1) or (2) of this section,
Seasonal Rental Signs may be no larger than 24 inches by eight inches and may not be posted for
more than six consecutive months.
(8)
(Ord. No. 2006-02, § 19, 5-3-2006)
(a) In the R-4 lakeshore open space zoned district, accommodations for parking shall conform to the
(Ord. No. 2006-02, § 19, 5-3-2006)
Watercraft may be anchored upon any stream or body of water adjacent to any Parcel in the R-4
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lakeshore open space zoned district, as long as such anchoring does not unreasonably interfere with
secured (that is secured otherwise than at a Dock, Pier, seawall, bulkhead or similar Structure) are
prohibited.
(Ord. No. 2006-02, § 19, 5-3-2006; Ord. No. 2010-01, § 2, 12-1-2010)
Sec. 40-352. - Critical sand dune area—Overriding state authority.
Statutes promulgated by the state legislature and/or rules and regulations statutorily authorized and
promulgated by the appropriate state agency from time to time which contain more restrictive or
additional terms and conditions as to the Use and development of Lots or Parcels within the township's
critical sand dune areas, and which the township is required to follow and enforce, shall be incorporated
in this section by reference upon their respective effective dates and shall modify and/or supplement
the terms and conditions of this section. For the purposes of this section, the critical sand dune area is
that portion of the R-4 lakeshore open space zoned district as identified on the zoning map and lying
east of and along Lake Michigan between the north boundary line of the township and the north
boundary of the City of Saugatuck or such areas as shall be defined or located by the state or by the
appropriate state agency as designated critical sand dune areas pursuant to statutory authority.
Copies of such mandatory laws, rules and regulations shall be kept on file at the township office for
inspection during regular business hours and shall be currently maintained by the township clerk.
(Ord. No. 2006-02, § 19, 5-3-2006)
Secs. 40-353—40-365. - Reserved.
DIVISION 7. - C-1 GENERAL COMMERCIAL ZONED DISTRICT
(43)
Sec. 40-368. - Special Approval Uses.
Sec. 40-369. - Access.
Sec. 40-371. - Refuse containers.
Sec. 40-372. - Area regulations.
Sec. 40-373. - Buffer Yard requirements.
Sec. 40-374. - Building Height.
Sec. 40-375. - Setback and Yard requirements.
Sec. 40-376. - Landscaping.
Sec. 40-377. - Signs.
Sec. 40-378. - Walkways/bikeways.
Sec. 40-379. - Parking and loading requirements.
Sec. 40-380. - Building materials.
Secs. 40-381—40-415. - Reserved.
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The C-1 general commercial zoned district is established to accommodate businesses desiring to take
advantage of the area's seasonal traffic patterns. It provides diverse corridor locations for businesses
that cater directly to tourism and peak travel associated with an increased summertime population. The
range of Uses allowed in this district includes a variety of compatible tourist and hospitality oriented
Uses as well as many general business Uses. To ensure the compatibility of Uses within the district,
the range of Uses is, however, somewhat restricted when compared to the range allowed in the C-2
local commercial district. All Uses shall be controlled by development performance standards to ensure
the attractiveness and the character of the community and adjoining properties are not diminished.
(Ord. No. 77, art. II(5.02(C-1)), 6-3-1998)
The following list of Uses are those that are permitted by right within the C-1 general commercial zoned
district; refer also to section 40-1046:
(1)
Ambulance service.
(2)
Antique shops, resale shops.
(3)
Bakery goods store.
(4)
Bait and tackle.
(5)
Bank, loan and finance offices, including drive-up facilities.
(6)
Barbershop or beauty shop.
(7)
Florists, excluding nurseries.
(8)
Clinics, dental and medical, including laboratory.
(9)
Locksmith.
(10) Studios, including dance, photographic, taxidermy, art and music.
(11) Gift shops.
(12) Book, video, record stores (excluding adult oriented).
(13) Convenience stores and party stores.
(14) Retail and convenience printing.
(15) Travel agency.
(16) Restaurants, Full-Service, excluding drive-in/take out facilities and excluding dancing and
floor shows.
(17) Bars, taverns and lounges without dancing or floor shows.
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(18) Essential public services and utility and municipal Buildings, excluding maintenance facilities.
(19) Wholesale sales and service.
(Ord. No. 51, § 19, 6-15-1994; Ord. No. 71, § 14, 10-1-1997; Ord. No. 77, art. II(5.04(C-1)), 6-3-1998)
For the C-1 general commercial zoned district, the following list contains the Uses that may be
approved as Special Approval Uses under the terms of article VI of this chapter; refer also to section
40-1046:
(1)
Bowling alleys and indoor amusement enterprises.
(2)
Outdoor amusement enterprises.
(3)
Automatic and manual autowashes, excluding commercial vehicle washes.
(4)
Automobile and boat sales, excluding Recreational Vehicle sales.
(5) Automobile repair, excluding overnight parking or storage of commercial vehicles in excess
of 35,000 pounds of gross vehicle weight.
(6) Hotels, Motels, Inns, Boardinghouses and Lodginghouses, Bed and Breakfast, Tourist
Homes.
(7)
Tanning spas, licensed massage therapists.
(8)
Outdoor, open air sales.
(9)
Auction houses, indoor and outdoor, not involving livestock.
(10) Laundromats and dry cleaners, diaper and linen services.
(11) Business and trade schools.
(12) Professional and public administration offices.
(13) Multitenant retail Buildings, less than 30,000 square feet of gross leasable area.
(14) Hardware, home furnishing stores.
(15) Restaurants with drive-in/takeout facilities.
(16) Theaters, excluding adult oriented.
(17) Campgrounds, Recreational Vehicle and Travel Trailer parks under section 40-737
(18) Attached accessory Apartments and Dwelling Units in association with permitted business
Uses.
(19) Foster Care Group Homes and Group Day Care Houses providing care for seven or more
individuals, provided that such occurs within a Dwelling in existence prior to the effective date of
the ordinance from which this section derives.
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(20) Indoor or outdoor sports and athletic facilities, including racquet and fitness centers.
(21) Restaurants, bars, taverns and lounges with dancing or floor shows, excluding adult oriented.
(22) Residential/commercial developments within the Blue Star Highway
residential/commercial overlay district under sections 40-592 and 40-780(e).
mixed
use
(23) Residential Planned Unit Developments.
(24) Other similar Commercial Uses, not specifically listed in this section and section 40-367, if
authorized as a Special Approval Use by the Planning Commission, after consideration of the
general standards in article VI of this chapter pertaining to Special Approval Use as well as the
following specific standards:
a.
How well the Use meets the intent and purpose of the C-1 district;
b.
The size, nature, character and location of the proposed Use;
c.
The proximity of the proposed Use to adjoining property;
d.
The parking facilities provided for the proposed Use;
e.
Any traffic congestion or other hazard which would be occasioned by the proposed Use;
f.
How well the proposed Use harmonizes with, blends with and enhances adjoining
properties and the surrounding neighborhood;
g.
The need or necessity for the proposed Use to service the needs of the community;
h.
The hours of operation of the proposed Use;
i.
The location and character of any storage areas and facilities to be provided for by the
proposed Use;
j.
The location and character of any display facilities to be provided for the proposed Use;
and
k.
The effect of the proposed Use on adjoining properties and the surrounding
neighborhood.
(Ord. No. 77, art. II(5.05(C-1)), 6-3-1998; Ord. No. 88, art. IX, 2-21-2001)
In the C-1 general commercial zoned district, site access shall be provided in accordance with article X
of this chapter.
(Ord. No. 77, art. II(5.07(C-1)), 6-3-1998)
In the C-1 general commercial zoned district, Accessory Buildings may not occupy more than five
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(Ord. No. 77, art. II(5.08(C-1)), 6-3-1998)
In the C-1 general commercial zoned district, refuse containers and storage areas shall be situated in
the Side or Rear Yard and shall be effectively screened by a six-foot Privacy Fence and plantings.
Containers and refuse areas shall not be placed in required Buffer Yards.
(Ord. No. 77, art. II(5.09(C-1)), 6-3-1998)
In the C-1 general commercial zoned district, no Building or Structure or any enlargement thereof shall
be erected and no Lot shall be created except in conformity with the following standards:
(1)
Lot Area. The minimum Lot Area shall be 85,000 square feet.
(2) Lot frontage/Lot Width. The minimum Lot frontage measured at the right-of-way line shall be
250 feet.
(3) Maximum coverage. The maximum percentage of total Lot Area covered by Principal and
Accessory Buildings shall be 40 percent.
(Ord. No. 77, art. II(5.10(C-1)), 6-3-1998)
Each Use permitted on a Lot located in the C-1 general commercial zoned district shall be required to
conform to the minimum Buffer Yard and landscape standards contained in article V of this chapter,
section 40-647 and article XI of this chapter.
(Ord. No. 77, art. II(5.11(C-1)), 6-3-1998)
In the C-1 general commercial zoned district, no Building shall have a Building Height exceeding 35
feet or 2½ Stories, whichever is less. No Building having a Pitched Roof shall have a Building Height of
less than 14 feet, and no Building having a Flat Roof shall have a Building Height of less than ten feet.
No Structure shall exceed a Building Height of 50 feet, except as otherwise provided in section
40-625(c).
(Ord. No. 77, art. II(5.12(C-1)), 6-3-1998)
The following minimum Building Setback and Yard area requirements shall apply in the C-1 general
commercial zoned district:
(1) Front Yard Setback. Every Building or Structure shall have a Front Yard depth of 70 feet from
the nearest right-of-way line of any Street, Private Road or driveway providing access to the
subject Parcel or Lot.
(2)
Side Yard Setback lines. There shall be a Side Yard of not less than 20 feet on each side of
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any Building or Structure.
(3) Rear Yard Setback lines. There shall be a Rear Yard of not less than 20 feet from any
Building or Structure. This distance shall be increased to 50 feet when the Lot is adjacent to an
agricultural or residential zoned district.
(4) Corner Lot Setback lines. No Building or Structure shall be less than 70 feet from each Street
right-of-way line.
(Ord. No. 77, art. II(5.14(C-1)), 6-3-1998)
In the C-1 general commercial zoned district, site landscaping shall be provided as required in article XI
of this chapter.
(Ord. No. 77, art. II(5.15(C-1)), 6-3-1998)
Sec. 40-377. - Signs.
(a) Generally. For the C-1 general commercial zoned district, refer to section 40-634 as to general
Sign requirements.
Parcel of land or within any Street or Private Road right-of-way line. Further, no Sign or Sign Structure
shall be so erected or maintained as to interfere with, obstruct the view of, or be confused with an
authorized traffic Sign, signal or device.
(c)
(1) One Business Sign per Parcel or Lot not exceeding 32 square feet in area. The total Sign
Structure shall not exceed ten feet in height from ground level. If on a Corner Lot, one Business
Sign not exceeding 32 square feet in area may be placed facing each Street. Where more than
three businesses are located on one Parcel or Lot, eight additional square feet of Sign area is
allowed for every two businesses in operation.
(2) Not more than two real estate for sale, sold, or for rent Signs. Signs are to be removed within
15 days following closing of the sale or rental of the property so advertised. No real estate for sale,
sold or for rent Sign posted on a Parcel may exceed six square feet in area.
(3) No more than two Identifying Signs per Building, each not to exceed 12 square feet in area,
and not to be roof mounted.
(4)
No more than two Directional Signs per Building, each not to exceed 16 square feet in area.
(5) No more than one Home Occupation Sign per Dwelling, not to exceed four square feet in
area.
(6)
No more than one Nameplate per Building, not to exceed four square feet in area.
(7) Not more than one Temporary Sign per occupied Parcel or Lot for temporary and seasonal
businesses operating primarily in the summer tourist season (including vegetable stands), not to
exceed 16 square feet in area and not to remain on the subject premises more than a total of 45
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days in any consecutive six-month period.
(9)
Use.
(11) No Portable Signs shall be permitted.
(Ord. No. 77, art. II(5.16(C-1)), 6-3-1998; Ord. No. 2006-02, § 8, 5-3-2006)
In the C-1 general commercial zoned district, pedestrian facilities shall be provided as required under
section 40-646.
(Ord. No. 77, art. II(5.17(C-1)), 6-3-1998)
(a) In the C-1 general commercial zoned district, accommodations for parking, loading and unloading
shall conform to the minimum requirements of section 40-647
(b) No parking shall be permitted in the required Buffer Yard areas of Front Yards, Side Yards and
Rear Yards.
(c) Unless specifically authorized by the Planning Commission, no more than 20 percent of an
off-Street Parking Area for the entire property may be located between the front facade of the principal
Building(s) and the adjacent Street. The Planning Commission may consider allowing greater than 20
percent of a land use's off-Street Parking Area in the Front Yard Area if the Parking Lot is designed to
internally incorporate at least 30 square feet of enhanced, quality landscape area internal to the Parking
Area for each Parking Space (ref. the landscape standards contained in Article XI of this chapter).
(Ord. No. 77, art. II(5.18(C-1)), 6-3-1998; Ord. No. 2006-02, § 30, 5-3-2006; Ord. No. 2007-03, § 7,
7-11-2007)
Please refer to section 40-662, Building design and architectural standards for specified Uses.
(Ord. No. 77, art. II(5.19(C-1)), 6-3-1998; Ord. No. 2006-02, § 23, 5-3-2006)
Secs. 40-381—40-415. - Reserved.
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DIVISION 8. - C-2 LOCAL COMMERCIAL ZONED DISTRICT
(44)
[44]
Sec. 40-416. - Statement and purpose.
Sec. 40-426. - Signs.
Secs. 40-430—40-465. - Reserved.
Sec. 40-416. - Statement and purpose.
The C-2 local commercial zoned district is established to provide areas in which the Principal Uses of
the land are devoted to businesses serving the day-to-day needs of the local, nontransient population.
This district allows a wide range of service and retail Uses, but is not designed to support large
Commercial operations or those specifically oriented toward the tourist or regional trade. All Uses shall
be controlled by development performance standards to ensure their attractiveness and the character
of the community and adjoining properties are not diminished.
(Ord. No. 77, art. III(5.02(C-2)), 6-3-1998)
The following list of Uses are those that are permitted by right within the C-2 local commercial zoned
district; refer also to section 40-1046:
(1)
Ambulance service.
(2)
Lodge hall, private club, veterans' club.
(3)
Antique shop, resale shop.
(4)
Indoor auction houses.
(5)
Bakery goods store.
(6)
Bait and tackle.
(7)
Bank, loan and finance offices including drive-up facilities.
(8)
Barbershop or beauty shop.
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(9)
Bowling alleys and indoor amusement enterprises.
(10) Florists and nurseries.
(11) Clinic, dental and medical, including laboratory.
(12) Laundromats, dry cleaning, diaper, and linen service.
(13) Restaurants, including Full-Service, excluding drive-in/takeout facilities, and excluding
dancing and floor shows.
(14) Exterminator service.
(15) Funeral homes.
(16) Locksmith.
(17) Nursery school and day nursery.
(18) Professional, public administration offices.
(19) Sign painting and servicing shops.
(20) Studios: dance, photographic, taxidermy, art and music.
(21) Parcel delivery station.
(22) Pet shop, not including treatment or boarding of animals.
(23) Grocery stores, party stores, convenience stores.
(24) Auto parts.
(25) Gift shops.
(26) Book, video, record stores (excluding adult oriented).
(27) Retail and convenience printing.
(28) Electrical, plumbing and heating supplies and service.
(29) Tanning spas, licensed massage therapists.
(30) Hardware, home furnishing stores.
(31) Tool and gauge sales and service.
(32) Radio, television, computer and similar electronic repair.
(33) Tailor and/or dressmaker, shoe repair shop.
(34) Travel agency.
(35) Bars, taverns and lounges without dancing or floor shows.
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(36) Essential public services, utility and municipal Buildings, excluding maintenance facilities.
(Ord. No. 77, art. III(5.04(C-2)), 6-3-1998)
In the C-2 local commercial zoned district, the following Uses are those that may be approved as
Special Approval Uses under article VI of this chapter; refer also to section 40-1046:
(1)
Automatic and manual autowash.
(2)
Automobile Service Stations in existence prior to March 16, 2001.
(3)
Automobile and boat sales, excluding Recreational Vehicle sales.
(4) Automobile repair, excluding maintenance, servicing, storage or overnight parking of
commercial vehicles in excess of 35,000 pounds of gross vehicle weight.
(5)
Outdoor, open air sales.
(6) Attached accessory Apartments and Dwelling Units in association with permitted business
Uses.
(7)
Restaurants, bars, taverns and lounges with dancing or floor shows, excluding adult oriented.
(8)
Broadcasting studios.
(9)
Multitenant retail Buildings with less than 30,000 square feet of gross leasable area.
(10) Vending machine service.
(11) Expansions to Hotels, Motels, and other lodging establishments existing on or before June 1,
1998.
(12) Auction houses, outdoor (not involving livestock).
(13) Public service or utility maintenance facilities.
individuals, provided that such occurs within a residential Structure in existence prior to the
effective date of the ordinance from which this section derives.
(15) Indoor or outdoor sports and athletic facilities, including racquet and fitness centers.
(16) Residential/Commercial developments within the Blue Star Highway
residential/commercial overlay district under sections 40-592 and 40-780(e).
mixed
use
(18) Other similar Commercial Uses, not specifically listed in this section or section 40-417, if
general standards in article VI of this chapter pertaining to Special Approval Uses, as well as the
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a.
b.
c.
d.
e.
f.
g.
h.
i.
proposed Use;
j.
and
k.
The effect of the proposed Use on the adjoining properties and the surrounding
neighborhood;
(Ord. No. 77, art. III(5.05(C-2)), 6-3-1998; Ord. No. 88, art. X, 2-21-2001)
In the C-2 local commercial zoned district, site access shall be provided in accordance with article X of
this chapter.
(Ord. No. 77, art. III(5.07(C-2)), 6-3-1998)
In the C-2 local commercial zoned district, Accessory Buildings may not occupy more than five percent
of the area of the Parcel upon which situated.
(Ord. No. 77, art. III(5.08(C-2)), 6-3-1998)
In the C-2 local commercial zoned district, refuse containers and storage areas shall be situated in the
Side or Rear Yard and shall be effectively screened by a six-foot Privacy Fence and plantings.
(Ord. No. 77, art. III(5.09(C-2)), 6-3-1998)
(a) In the C-2 local commercial zoned district, no Building or Structure or any enlargement thereof
shall be erected and no Lot shall be created except in conformity with the following standards:
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(1)
Lot Area. The minimum Lot Area shall be 65,000 square feet.
200 feet.
(b) Each Use permitted on a Lot located in this district shall be required to conform to the minimum
Buffer Yard and landscape standards contained in article V of this chapter, section 40-647 and article
XI of this chapter.
(Ord. No. 77, art. III(5.10(C-2)), 6-3-1998)
In the C-2 local commercial zoned district, no Building shall have a Building Height exceeding 35 feet or
2½ Stories, whichever is less. No Building having a Pitched Roof shall have a Building Height of less
than 14 feet, and no Building having a Flat Roof shall have a Building Height of less than ten feet. No
(Ord. No. 77, art. III(5.10(C-2), 5.12(C-2)), 6-3-1998)
In the C-2 local commercial zoned district, the following minimum Building Setback and Yard area
requirements shall apply:
(2) Side Yard Setback lines. There shall be a Side Yard of not less than 20 feet on each side of
right-of-way line.
(Ord. No. 77, art. III(5.14(C-2)), 6-3-1998)
In the C-2 local commercial zoned district, site landscaping shall be provided as required in article XI of
this chapter.
(Ord. No. 77, art. III(5.15(C-2)), 6-3-1998)
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Sec. 40-426. - Signs.
(a) Generally. For the C-2 local commercial zoned district, refer to section 40-634 as to general Sign
requirements.
(c)
(4)
area.
(6)
(9)
Any Signs that are exempt in accordance with section 40-634(h).
Use.
(11) No Portable Signs shall be permitted.
(Ord. No. 77, art. III(5.16(C-2)), 6-3-1998; Ord. No. 2006-02, § 9, 5-3-2006)
In the C-2 local commercial zoned district, pedestrian facilities shall be provided as required under
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section 40-646.
(Ord. No. 77, art. III(5.17(C-2)), 6-3-1998)
(a) In the C-2 local commercial zoned district, accommodations for parking, loading and unloading
Rear Yards.
(Ord. No. 77, art. III(5.18(C-2)), 6-3-1998; Ord. No. 2006-02, § 30, 5-3-2006; Ord. No. 2007-03, § 7,
7-11-2007)
(Ord. No. 77, art. III(5.19(C-2)), 6-3-1998; Ord. No. 2006-02, § 24, 5-3-2006)
Secs. 40-430—40-465. - Reserved.
DIVISION 9. - C-3 INTERCHANGE COMMERCIAL DISTRICT
(45)
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
40-468. - Special Approval Uses.
40-469. - Special controlled Uses.
40-470. - Access.
40-472. - Refuse containers.
40-473. - Area regulations.
40-474. - Buffer Yard requirements.
40-475. - Building Height.
40-476. - Setback and Yard requirements.
40-477. - Landscaping.
Page 265 of 415
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Sec. 40-478. - Signs.
Secs. 40-482—40-520. - Reserved.
The C-3 interchange commercial district is located near the freeway interchanges along major arterials.
It is established to provide areas for specialized sales, service and hospitality services that cater to
highway travelers and, secondarily, for large site, Special Approval Uses such as shopping centers, big
box retail stores, and other land intensive Uses that may, under certain conditions, be appropriately
located here. All such businesses primarily serve regional markets and are vehicle oriented in terms of
their dependence upon high visibility and proximity to automobile traffic. Not intended are smaller scale
locally oriented retail and service outlets that are specifically accommodated under the C-1 and C-2
districts. Because these zones are located at the major entrances to the community, all Uses shall be
controlled by development and performance standards to ensure that the attractiveness and character
of the community and adjoining properties are not diminished.
(Ord. No. 77, art. IV(5.02(C-3)), 6-3-1998)
The following Uses are those that are permitted by right within the C-3 interchange commercial district;
refer also to section 40-1046:
(1)
Ambulance service.
(2)
Automobile, Recreational Vehicle and boat sales.
(3) Automobile Service Stations when located within the interstate transportation overlay district,
subject to the design standards contained in article VII of this chapter.
(4) Automobile repair, excluding maintenance, servicing, storage or repair of commercial
vehicles in excess of 35,000 pounds of gross vehicle weight.
(5)
Grocery, food, party and convenience stores.
(6)
Hotels and Motels.
(7)
Lumberyards, builder's supply, home improvement stores.
(8)
Theaters, excluding adult oriented.
(9) Restaurants, including Full-Service, and drive-in/takeout facilities, excluding dancing and
floor shows.
(10) Bars, taverns and lounges without dancing and floor shows.
(11) Essential public services and utility and municipal Buildings, excluding maintenance facilities.
(Ord. No. 77, art. IV(5.04(C-3)), 6-3-1998; Ord. No. 88, art. XI, 2-21-2001)
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In the C-3 interchange commercial district, the following Uses are those that may be approved as
Special Approval Uses under article VI of this chapter; refer also to section 40-1046:
(1)
Outdoor amusement enterprises.
(2)
Automatic auto and truck wash.
(3) Shopping complexes, malls comprised of multiple retail sales and retail service
establishments not otherwise allowed as freestanding Uses.
(4)
Big box retail centers.
(5) Truck Stops, as defined in section 40-7, when located within the interstate transportation
overlay district, subject to the design standards contained in article VII of this chapter.
(6) Restaurants, bars and taverns and lounges with dancing or floor shows, excluding adult
oriented.
(7)
Mobile Home Parks and Mobile Home Subdivisions within the Mobile Home Overlay District.
individuals, provided that such occurs within a Dwelling in existence prior to the effective date of
the ordinance from which this section derives.
(9)
Indoor or outdoor sports and athletic facilities, including racquet and fitness centers.
(10) Mixed use residential/commercial Planned Unit Developments.
(12) Automobile Service Stations, subject to the design standards contained in article VII of this
chapter.
(13) Other similar Commercial Uses, not specifically listed in this section or section 40-467, if
general standards in article VI of this chapter pertaining to Special Approval Uses, as well as the
a.
b.
c.
d.
e.
f.
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g.
h.
i.
proposed Use;
j.
and
k.
neighborhood.
(Ord. No. 77, art. IV(5.05(C-3)), 6-3-1998; Ord. No. 88, art. XII, 2-21-2001)
Sec. 40-469. - Special controlled Uses.
In the C-3 interchange commercial district, special controlled Uses, as defined and regulated in section
40-743, shall be provided for within the interstate transportation overlay district, as defined in section
40-593.
(Ord. No. 77, art. IV(5.06(C-3)), 6-3-1998)
In the C-3 interchange commercial district, site access shall be provided in accordance with article X of
this chapter.
(Ord. No. 77, art. IV(5.07(C-3)), 6-3-1998)
In the C-3 interchange commercial district, Accessory Buildings may not occupy more than five percent
of the area of the Parcel upon which situated.
(Ord. No. 77, art. IV(5.08(C-3)), 6-3-1998)
In the C-3 interchange commercial district, refuse containers and storage areas shall be situated in the
Side or Rear Yard and shall be effectively screened by a six-foot Privacy Fence and plantings.
(Ord. No. 77, art. IV(5.09(C-3)), 6-3-1998)
In the C-3 interchange commercial district, no Building or Structure or any enlargement thereof shall be
erected and no Lot shall be created except in conformity with the following standards:
(1) Lot Area. The minimum Lot Area exclusive of the Street right-of-way shall be 120,000 square
feet.
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300 feet.
(Ord. No. 77, art. IV(5.10(C-3)), 6-3-1998)
Each Use permitted on a Lot located in the C-3 interchange commercial district shall be required to
conform to the minimum Buffer Yard and landscape standards contained in article V of this chapter,
section 40-647 and article XI of this chapter.
(Ord. No. 77, art. IV(5.11(C-3)), 6-3-1998)
In the C-3 interchange commercial district, no Building shall have a Building Height exceeding 35 feet
or 2½ Stories, whichever is less. No Building having a Pitched Roof shall have a Building Height of less
than 14 feet, and no Building having a Flat Roof shall have a Building Height of less than ten feet. No
(Ord. No. 77, art. IV(5.12(C-3)), 6-3-1998)
In the C-3 interchange commercial district, the following minimum Building Setback and Yard area
requirements shall apply:
right-of-way line.
(Ord. No. 77, art. IV(5.14(C-3)), 6-3-1998)
In the C-3 interchange commercial district, site landscaping shall be provided as required in article XI of
this chapter.
(Ord. No. 77, art. IV(5.15(C-3)), 6-3-1998)
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Sec. 40-478. - Signs.
(a) Generally. For the C-3 interchange commercial district, refer to section 40-634 as to general Sign
requirements.
(c)
and not to be roof-mounted.
(4)
area.
(6)
(8)
(10) Any Signs that are exempt in accordance with section 40-634(h).
Use.
(Ord. No. 77, art. IV(5.16(C-3)), 6-3-1998; Ord. No. 2006-02, § 10, 5-3-2006)
In the C-3 interchange commercial district, pedestrian facilities shall be provided as required under
Page 270 of 415
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section 40-646.
(Ord. No. 77, art. IV(5.17(C-3)), 6-3-1998)
(a) In the C-3 interchange commercial district, accommodations for parking, loading and unloading
Rear Yards.
(Ord. No. 77, art. IV(5.18(C-3)), 6-3-1998; Ord. No. 2006-02, § 30, 5-3-2006; Ord. No. 2007-03, § 7,
7-11-2007)
(Ord. No. 77, art. IV(5.19(C-3)), 6-3-1998; Ord. No. 2006-02, § 25, 5-3-2006)
Secs. 40-482—40-520. - Reserved.
DIVISION 10. - I-1 INDUSTRIAL ZONED DISTRICT
(46)
Sec. 40-527. - General requirements.
Sec. 40-528. - Signs.
Sec. 40-529. - Industrial buffer area.
Secs. 40-532—40-585. - Reserved.
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The I-1 industrial zoned district is designed to accommodate those manufacturing, assembling and
fabricating businesses and related Commercial activities or Uses which are not likely to cause adverse
effects or Nuisance to adjoining properties.
(Ord. No. 39, § 5.02(I-1), 5-20-1987; Ord. No. 51, § 20, 6-15-1994)
For the I-1 industrial zoned district, see article V of this chapter for certain applicable general provisions
and section 40-1046 as to permitted and nonpermitted Uses or those requiring approval. Insofar as
they serve the purposes outlined in section 40-521, the following are permitted Uses:
(1)
Retail and wholesale sales of agricultural products.
(2)
Bus terminals.
(3)
Governmental Buildings.
(4)
(5)
Juice, cider and wine manufacturing.
(6)
Laundromats and dry cleaning establishments.
(7)
Lumber and Building materials (new) storage and sales.
(8)
Light manufacturing, processing and fabricating businesses.
(9)
Meat/poultry processing and packing facilities.
(10) Milk products manufacturing and processing facilities.
(11) Motor Vehicle fuel and/or repair facilities.
(12) Planned Unit Developments, Commercial.
(13) Planned Unit Developments, light industrial.
(14) Planned Unit Developments, special or mixed.
(15) Retail sales and service facilities.
(16) Truck terminals.
(17) Warehousing.
(18) Washing facilities, Motor Vehicles.
(19) Wholesale sales and service facilities.
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Uses in subsections (1) through (19) of this section when located on the same Lot or Parcel of
land.
(21) Any other permitted Uses set forth in section 40-1046 and such Planned Unit Developments
as shall be approved by the Planning Commission.
(22) Other similar Industrial Uses, if authorized as a Special Approval Use by the Planning
Commission, after consideration of the general standards in article VI of this chapter pertaining to
Special Approval Uses, as well as the following specific standards:
a.
How well the Use meets the intent and purpose of the I-1 district;
b.
c.
d.
e.
f.
Any environmental effect of the proposed Use, such as noise, smoke, dust, vibration or
other similar effect;
g. The physical appearance of the proposed Use and its compatibility with adjoining land
Use and land Uses in the surrounding neighborhood;
h.
i.
j.
proposed Use; and
k.
neighborhood.
(Ord. No. 39, § 5.04(I-1), 5-20-1987; Ord. No. 71, § 16, 10-1-1997)
In the I-1 industrial zoned district, Accessory Buildings and Structures shall not be placed closer to the
Street than the Front Line of the Principal Building. The architecture of Accessory Buildings shall be
consistent with that of the Principal Building in terms of appearance and material.
(Ord. No. 39, § 5.06(I-1), 5-20-1987)
(a) In the I-1 industrial zoned district, a Principal Building shall contain a minimum of 600 square feet
of Ground Floor Area.
(b)
The minimum Lot or Parcel area shall be 30,000 square feet, and the minimum Lot Width at the
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Front of the Building Line shall be 100 feet.
(c) Buildings or Structures shall not occupy more than 50 percent of the ground area of the Lot or
Parcel upon which located.
(Ord. No. 39, § 5.08(I-1), 5-20-1987)
In the I-1 industrial zoned district, no Building shall have a Building Height exceeding 35 feet. No
(Ord. No. 39, § 5.10(I-1), 5-20-1987; Ord. No. 71, § 17, 10-1-1997)
In the I-1 industrial zoned district, setback lines are as follows:
(1) Front Yard Setback lines. There shall be for every Building or Structure a Front Yard of the
minimum depth of 75 feet from the nearest right-of-way line of any Street, Private Road or
driveway providing access to the subject Parcel or Lot.
any Building or Structure with ten feet thereof remaining unobstructed. See section 40-529 for
buffer area requirements.
Building or Structure with ten feet thereof remaining unobstructed. See section 40-529 for buffer
area requirements.
(Ord. No. 39, § 5.12(I-1), 5-20-1987)
Sec. 40-527. - General requirements.
General requirements for the I-1 industrial zoned district are as follows:
(1) Wall facing Street. The metal wall facing any Street of any Building located within 300 feet of
the Street shall be externally clad with brick, masonry, wood, or other decorative facing material,
from the ground level up to a point that is at least 30 percent of the height of such wall.
(2) Refuse. All refuse containers and refuse and storage areas must be enclosed behind a
six-foot Privacy Fence placed within the Setback area of the Rear or Side Yard and shall not be
located within the front Setback area of the Principal Building.
(3) Fire authority approval. The size and type of the Building or Uses may require local fire
authority approval.
(4) Storm drainage. Other than on-site storm drainage shall require the approval of the county
drain commissioner.
(Ord. No. 39, § 5.14(I-1), 5-20-1987)
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Sec. 40-528. - Signs.
(a) Generally. For the I-1 industrial zoned district, refer to section 40-634 as to general Sign
requirements.
(c)
(4)
(5)
(6)
(7) Not more than one Temporary Sign per occupied Parcel or Lot, for temporary and seasonal
(9)
Any signs that are exempt in accordance with section 40-634(h).
Use.
(Ord. No. 39, § 5.16(I-1), 5-20-1987; Ord. No. 2006-02, § 11, 5-3-2006)
Sec. 40-529. - Industrial buffer area.
(a) Many Dwellings have been constructed and located within the I-1 industrial zoned district. In order
to protect such existing Dwellings from new Commercial or Industrial Uses, Buildings or Structures, no
new Commercial or Industrial Uses, Buildings or Structures shall be located closer than 25 feet to any
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existing Dwellings. Further, any new Commercial or Industrial Uses, Buildings or Structures shall be
screened from such existing Dwellings by a six-foot Privacy Fence or by the planting of evergreen trees
or bushes having a height of no less than six feet, which fencing and plantings shall be properly
maintained.
(b) The requirements in subsection (a) of this section shall not operate to reduce the usable area of
the subject Commercial or Industrial Use property below 50 percent. If such a result should occur, the
required buffer area shall be accordingly reduced to permit a 50-percent use of the Parcel or Lot, but
the stated privacy fencing and/or plantings shall still be required.
(Ord. No. 39, § 5.18(I-1), 5-20-1987)
(a) In the I-1 industrial zoned district, accommodations for parking, loading and unloading shall
conform to the minimum requirements of section 40-647
Rear Yards.
(c) No more than 20 percent of required and proposed parking shall be placed within a Front Yard
area abutting a Street.
(Ord. No. 39, § 5.20(I-1), 5-20-1987)
(Ord. No. 2006-02, § 26, 5-3-2006)
Secs. 40-532—40-585. - Reserved.
ARTICLE IV. - ZONING MAP AND OVERLAY DISTRICTS
Sec. 40-586. - Zoning map.
Sec. 40-587. - Interpretation of district boundaries.
Sec. 40-588. - Overlay districts.
Sec. 40-589. - Mobile Home Location Overlay District and requirements.
Sec. 40-590. - Floodplain overlay district and requirements.
Sec. 40-591. - Natural river overlay district and requirements.
Sec. 40-592. - Blue Star Highway mixed use residential/commercial overlay district.
Sec. 40-593. - Interstate transportation overlay district.
Sec. 40-594. - Mobile Home Park overlay district.
Secs. 40-595—40-620. - Reserved.
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Sec. 40-586. - Zoning map.
The locations and boundaries of the several zoning districts and the Mobile Home Location Overlay
District, the floodplain overlay district, the natural rivers overlay district, the critical sand dune overlay
district, the Blue Star Highway mixed use residential/commercial overlay district, and the interstate
transportation overlay district, all established in this chapter, are shown on a map, as amended from
time to time, entitled the "Zoning Map of Saugatuck Township, Allegan County, Michigan," which map
accompanies the ordinance from which this section derives and is hereby incorporated into this chapter
by reference.
(Ord. No. 39, § 4.00, 5-20-1987; Ord. No. 77, art. V, 6-3-1998; Ord. No. 2004-03, § 1, 12-1-2004; Ord.
No. 2005-02, § 1, 10-5-2005; Ord. No. 2006-01, § 1, 1-4-2006; Ord. No. 2006-02, §§ 20, 35, 36; Ord.
No. 2006-03, §§ 1, 2, 9-6-2006; Ord. No. 2007-03, § 12, 7-11-2007; Ord. No. 2009-02, § 1, 3-4-2009)
Sec. 40-587. - Interpretation of district boundaries.
Where uncertainty exists as to the boundaries of any zoning or overlay district as shown on the zoning
map, the following rules of construction and/or interpretation shall apply:
(1) Boundaries indicated as approximately following the centerline of a Street shall be construed
to follow such centerline.
(2) Boundaries indicated as approximately following platted Lot Lines shall be construed as
following such Lot Lines.
(3) Boundaries indicated as approximately following a Shoreline or lakebed or streambed, if
there is a change in the location of the Shoreline or lakebed or streambed, shall be construed as
moving with the Shoreline or lakebed or streambed.
(4) Boundaries indicated as approximately following property lines, section lines or other lines of
a government survey shall be construed as following such property lines, section lines or other
lines of a governmental survey as they exist as of the effective date of the ordinance from which
this chapter derives or applicable amendments thereto.
(5) In every case where land in the township has not been included within a zoned district or on
the zoning map, such land shall be deemed to be included in the A-1 agricultural zoned district.
(Ord. No. 39, § 4.02, 5-20-1987)
Sec. 40-588. - Overlay districts.
Overlay districts are not separately zoned districts, but rather, as shown on the zoning map and as
described in this article, are those areas situated within zoned districts that are subject to the
requirements of the particular overlay district.
(Ord. No. 39, § 4.04, 5-20-1987)
Sec. 40-589. - Mobile Home Location Overlay District and requirements.
(a) The Mobile Home Location Overlay District is an area in which Dwellings, including single-family
Mobile Homes, having exterior walls of not less than ten feet in width and not less than ten feet in
height, may be located and used within the township.
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(b) Each Dwelling Unit/Mobile Home shall have a minimum of 600 square feet of Ground Floor Area
and shall otherwise conform with the height and Setback requirements of the A-1 agricultural zoned
district in which the Mobile Home Location Overlay District is established.
(Ord. No. 39, § 4.06, 5-20-1987)
Sec. 40-590. - Floodplain overlay district and requirements.
(a) Scope. The floodplain overlay district relies upon the analysis of floodprone lands in the township
as defined in the flood hazard boundary maps prepared by the Federal Insurance Administration of the
Department of Housing and Urban Development. The limitations of the floodprone areas shall be
considered to be the 100-year floodplain as shown on the most current Federal Insurance
Administration maps.
(b) Statement of purpose. It is the purpose of this district to protect the general public and all lands in
the township subject to periodic inundation of floodwaters by the following:
(1) Restricting or prohibiting Uses which are dangerous to health, safety or property in times of
flood or which cause excessive increases in flood flow heights or velocities.
(2) Requiring the Uses vulnerable to floods, including public facilities which serve such Uses, be
protected against flood damage at the time of initial construction.
(3) Protecting individuals from buying lands which are unsuited for intended purposes because
of flood hazards.
(c) Applicability. This district shall apply to all lands within the township located within the boundaries
of the 100-year floodplain as shown on the Federal Insurance Administration maps and the township
zoning map. The requirements and restrictions of this district shall be considered to apply in addition to
and, where applicable, instead of the provisions of underlying zoning districts shown on the official
zoning map, sufficient to fulfill the purpose of this article. Uses and regulations otherwise applicable in
existing zoning districts shall not be allowed unless also permitted in and developed in accordance with
the remainder of this section, which shall take precedence over any conflicting laws, ordinances or
codes.
(d) Permitted Uses. The following Uses have a low flood damage potential because of their open
space nature and shall be permitted by right to the extent that they are allowed Uses in the underlying
zoning district:
(1) Agricultural Uses such as general farming, grazing pasture, outdoor plant nurseries,
horticulture, viticulture, truck farming, and wild crop harvesting, and transient agricultural labor
housing as shall be permitted and/or approved by the state.
(2) Uses such as Parking Areas, airport landing strips, and storage yards for items to be moved,
or not subject to flood damage.
(3) Recreational Uses such as parks; swimming areas; golf courses; driving ranges; picnic
grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting preserves; target
ranges; trap and skeet ranges; and hunting, fishing and hiking areas.
(4)
Utility facilities such as dams, transmission lines, pipelines, and water monitoring devices.
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(5) Other water-related Uses such as docks, Piers, wharves, bridges, culverts, and river
crossings of transmission lines, subject to approval by the appropriate state agency.
(6)
Residential support Uses such as lawns, gardens, Parking Areas and play areas.
(e) Special Approval Uses. The following Uses in the floodplain overlay district shall be allowed only
as Special Approval Uses, provided all requirements of this section and the requirements of the
underlying zoning district in which the proposed Use is to be located are met:
(1)
Accessory Uses to any of the permitted Uses of the underlying zoning district.
(2)
Transient amusement enterprises such as circuses, carnivals, and fairs.
(3)
Extraction Uses such as sand, gravel, plaster, and other mining operations.
(4)
Kennels and stables.
(5)
Storage yards for heavy equipment, materials or machinery.
(6)
Roadside Stands, Billboards and Signs.
(f) Prohibited Uses/activities. The following Uses/activities are prohibited in the floodplain overlay
district:
(1) The construction or placement of a permanent Building or Structure of any type, including a
Mobile Home, unless the elevation of the lowest structural member of the Lowest Floor is at least
five feet above the flood elevation (100-year flood) as determined by the Federal Insurance
Administration (FIA), National Flood Insurance Program (NFIP), as set forth in the flood insurance
rate map (FIRM).
a. Mobile Homes in any event shall not be placed in a designated floodway, as determined
by the appropriate state agency; and
b. Mobile Homes which are Located within a floodplain shall have installed an anchoring
system in compliance with Mobile Home Rules 605—608 of the appropriate state agency, as
existing or as shall be amended.
(2) The enlargement of any existing Building or Structure without the approval of the Planning
Commission.
(3) Landfills; dumps; Salvage Yards; Junkyards; mining and extractive industries; the cutting
down of live trees or other live vegetation within 100 feet of the River's Edge; disposal fields and
septic tanks less than four feet above the historical high water table; sewage outfalls; the storage
or processing of materials that are likely to become health or safety hazards in time of flood or that
are stored within sight of the River's Edge; the operation of motorized vehicles off Streets or
established driveways servicing Buildings and Structures; Commercial advertising; the operation
of Commercial enterprises with the exception of approved Marina-type operations; industrial
plants; Uses which obstruct or encroach upon the floodway, except permitted docks, Piers, etc.;
and Uses which are not in conformance with the natural character of the river.
(4) The storage or processing of materials which in time of flooding become buoyant, flammable,
explosive, contaminative or otherwise likely to injure public health.
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(g) Special approval standards. The following standards are applicable in order to ensure proper
construction and assist the Planning Commission in evaluating the appropriateness of each Use:
(1) No Building, Structure, fill, excavation, or storage shall be permitted which, acting alone or in
combination with existing or future Uses, significantly and unduly affects the capacity of the
floodway and thereby increases the height of the floodwaters.
(2) Filling in the floodway may be permitted only after full compliance has been achieved, to the
satisfaction of the Planning Commission, with the applicable provisions of Public Act No. 288 of
1967 (MCL 560.101 et seq.) and all other applicable federal, state, and local acts, regulations,
codes and ordinances. Such fill shall be protected from erosion by riprap, vegetative cover,
bulkheading or other approved means.
(3) Material and equipment may be stored if not subject to major flood damage and must be
easily removable within the time following the flood warning and preceding the actual flood.
(4) Any excavation, fill, extraction, grading, or scraping shall require the approval and consent of
the appropriate state agency.
(h) Special Approval Use review considerations. The Planning Commission, in reviewing an
application for a Special Approval Use in the floodplain overlay district, shall consider the following
points before rendering a decision:
(1) Any possible danger to life and property due to increased flood heights or velocities caused
by encroachments on the floodplain.
(2) The danger that materials may be swept on to other lands or downstream to the injury or cost
to others.
(3) The susceptibility of the prepared development and its contents to flood damage and the
effect of such damage on the individual owner and others.
(4)
The importance of the services provided by the development of the community.
(5)
The requirement of the proposed development for a waterfront location.
(6) The availability of alternative locations for the proposed Use which are not subject to
flooding.
(7) The compatibility of the proposed Use with existing development and development
anticipated in the foreseeable future.
(8) The relationship of the proposed Use to the comprehensive plan and floodplain
management.
(9)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters expected at the site.
(11) Such other factors which are, in the opinion of the Planning Commission, relevant to the
purposes of this district.
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(12) Where, in the opinion of the Planning Commission, topographic data, engineering studies, or
other studies are needed to determine the effects of flooding on a proposed Use and/or the effects
of the Use on the floodway, the Planning Commission may require the applicant to submit such
data and/or studies prepared by competent engineers or other technical people.
(i) Special conditions. Upon reviewing all data and materials and before granting approval, the
Planning Commission may attach certain conditions, when applicable, to the granting of approval of a
Special Approval Use. Such conditions may be but are not limited to those enumerated in the following:
(1)
Limitation on periods of Use and operation.
(2) Requirements for construction of channel modifications, dikes, levees, and other protective
measures.
(j) District regulation. Requirements of the underlying zoning district shall apply, as well as special
approval requirements.
(Ord. No. 39, § 4.08, 5-20-1987)
Cross reference— Floods, ch. 18.
Sec. 40-591. - Natural river overlay district and requirements.
(a) Generally. That portion of the Kalamazoo River from the east township line downstream to the
junction of flood zones A-2 and A-3 (approximately one-half mile downstream from the Hacklander
Public Access Site) has been designated as a "wild-scenic river" under the authority of the Natural
River Act, Part 305 of Public Act No. 451 of 1994 (MCL 324.30501 et seq.). In addition to the
requirements set forth in the particular zoned districts in which the natural river overlay is located, the
remainder of this section shall apply.
(b) Scope. The Kalamazoo natural river overlay district includes an area 300 feet wide on each side of
and parallel to all channels of the designated mainstream of the Kalamazoo River. This overlay district
establishes a definable area within which this chapter shall regulate development and Use.
Establishment of this district in no way implies a taking of these lands by the state or the township or
the opening of such lands to public Use. Private lands shall remain private and are subject to all rights
of private ownership.
(c) Land management of private lands. Requirements for land management of private lands are as
follows:
(1) Minimum size of Parcel/Lots and permitted Uses. The minimum size of Parcel/Lots and
permitted Uses are as follows:
a. Unplatted Lots and new subdivisions in the natural river overlay district shall be of
sufficient size to accommodate the Building Setbacks as set forth in the particular zoned
district in which such overlay district is located. The minimum width of Lots or Parcels of land
within the natural river overlay district shall be 150 feet. Lots or Parcels of record which are
Nonconforming at the time of the effective date of the ordinance from which this section
derives because of lack of size to accommodate the minimum width and/or Setback
requirements from the Water's Edge may be built upon, and Variances may be allowed from
the required width and/or Setback requirements upon such terms as the Zoning Board of
Appeals might deem appropriate.
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b. One Single-Family Dwelling, with allowable Accessory Structure, is permitted on each
Lot or Parcel within the natural river overlay district, subject to the Setback requirements set
forth in subsection (c)(3) of this section.
(2) Other Structures and Uses. Those Uses permitted under the special approval procedure
shall be strictly controlled. Controls of such as location, parking, drainage, Setback, natural
vegetation strip, Signs, and hours of operation of the proposed Use shall be included in the special
approval procedure. Those Uses, other than Single-Family Dwellings, which may be compatible
with natural river designation include the following Special Approval Uses:
a. Commercial crop farms or forest plantations that are landward of the native vegetation
strip.
b. Home Occupations which do not Alter the residential nature of the property and are in
conformance with established Setbacks.
c.
Campgrounds that are constructed, maintained and operated in accordance with
regulations of the appropriate state agency and Part 125 of Public Act No. 368 of 1978 (MCL
333.12501 et seq.), including tent, Travel Trailer, camper and motor home Uses; Buildings;
cement pads; hookups; etc., all in conformance with established Setbacks.
d. Sales, rental and service of recreational watercraft, provided principal Structures are in
conformance with established Setbacks.
e. Small rental cabins with light housekeeping, but not Motels, which are in conformance
with Setback requirements.
(3) Building Setbacks. In the designated natural river overlay district, the Building Setback for
new Structures and appurtenances along the main stream and tributaries shall be at least 200 feet
from the River's Edge. However, the Setback may be decreased three feet for every foot of
vertical bank height above the ordinary high water mark until a minimum Setback of 75 feet from
the River's Edge is reached. Further, no construction shall take place on land that is subject to
flooding. Land that is subject to flooding means that area of land adjoining the designated portions
of the river and tributaries which will be inundated by a flood which has a one-percent chance of
occurring or being exceeded in any given year (intermediate regional flood), as determined by
detailed hydraulic studies which are acceptable to the appropriate state agency.
(4) Docks and Riparian Access. Riparian owners have the right of reasonable access to the
river. Riparian access and construction of docks are therefore permitted Uses regulated under the
provisions of Article XII, Water Access and Dock Density Regulations, and the requirements of the
underlying zoning district. Docks must be constructed in accordance with the rules of Part 301 of
Public Act No. 451 of 1994 (MCL 324.30101 et seq.), as amended or subsequently replaced by
other applicable regulations. The use of natural material is encouraged.
(5) On-site sanitation systems. All habitations within the natural river district shall be provided
with sanitary waste disposal facilities conforming in type to those required by health specifications
of the state and the county health department. The facilities provided may be for either waterborne
waste disposal by the septic tank-absorption tile field method or for nonwaterborne disposal by the
use of a health-department approved or other state-approved sanitary system. Minimum
standards for new septic systems along designated portions of the Kalamazoo River shall be as
follows:
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a. The Setback for septic tanks and absorption fields shall be a minimum of 100 feet from
the ordinary high water mark. Further, county health department requirements state that
septic systems must be set back a minimum of 25 feet from the edge of a bluff along a river
or stream. However, depending on soil type and soil profile, height, slope and condition of the
bank at the site, health department officials may increase the Setback up to 100 feet from the
edge of a bluff. This is done to prevent possible leaching or seepage of contaminants from a
waste system from flowing directly down the bank to the stream. To the extent that county
health department requirements differ from this subsection (5)a., the more stringent
requirements shall apply.
b. The bottom of the absorption field shall be at least four feet above the known high
groundwater table.
c.
No absorption field shall be closer than 50 feet from any permanent surface or
subsurface drainage system. This will not include Basement footing drains.
d. Variances from these standards may be allowed by the county health department where
existing Lots of record cannot conform because of their size.
(6) Signs. Only those Signs necessary for identification, direction, resource information,
regulation of Use, and related to the permitted Use and such Signs as are permitted in the
riverfront residential zone may be placed along the designated river and tributaries. In addition,
Signs upon private lands within the natural river district must be in conformance with the following
standards:
a. The Signs shall be not larger than one square foot in area posted no more than one per
100 feet or one Sign posted at the upstream and downstream corner of the Lot. However,
one temporary real estate for sale Sign per Parcel of land, not to exceed four square feet in
area, shall be allowed outside of the natural vegetation strip, as described in subsection
(c)(10) of this section.
b.
The Sign shall not be attached to any tree or shrub.
c.
The Sign shall not be illuminated.
(7) Agriculture. Existing agricultural practices will be permitted within the natural vegetation strip.
Grazing will be permitted within the natural vegetation strip unless the appropriate state agency
determines that it contributes to stream degradation (Part 31 of Public Act No. 451 of 1994 (MCL
324.3101 et seq.). In those cases, livestock will be fenced out to protect the riverbanks. Cattle
crossings and watering areas shall be constructed according to accepted methods, after the
landowner has consulted with the local soil conservation district, soil conservation service, county
extension service, and/or the appropriate state agency. Water withdrawal for irrigation will
continue to be permitted in accordance with the rights of other riparians and the public values
associated with the Kalamazoo River system. New agricultural Uses and practices including
Commercial tree farms shall be allowed in the natural river district, provided they are landward of
the natural vegetation strip.
(8) Disposal of solid wastes. No unsightly or offensive material, including but not limited to trash,
refuse, junk cars, junk appliances or garbage, shall be dumped or stored within the natural river
district or as provided by Part 115 of Public Act No. 451 of 1994 (MCL 324.11501 et seq.). No
dumps or sanitary landfills shall be permitted within 300 feet of the designated portions of the
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Kalamazoo River or its tributaries.
(9) Land alteration. Land alteration for building such as grading, dredging and filling of the land
surface within 300 feet of the River's Edge is permitted, unless the high groundwater table is
within six feet of the land surface or on lands subject to flooding. This does not apply to septic
system drainfields which must be four feet above the known high groundwater table. Dredging or
filling for the construction of fish or wildlife ponds outside of the natural vegetation strip is
permitted. All activities must meet provisions of the Inland Lakes and Streams Act, Part 301 of
Public Act No. 451 of 1994 (MCL 324.30101 et seq.); the Soil Erosion and Sedimentation Control
Act, Part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.); and the Wetlands Protection
Act, Part 303 of Public Act No. 451 of 1994 (MCL 324.30301 et seq.).
(10) Natural vegetation strip on adjacent Shorelines.
a. Trees, shrubs, and other vegetation native to the area shall be maintained and
enhanced on each side of the river and tributaries to retain the river's natural values.
Maintenance of the natural vegetation strip is required to help in stabilizing the riverbanks,
minimize erosion, provide shading which will help maintain cool water temperatures, help
protect water quality by absorbing nutrients from surface water runoff, provide screening of
manmade elements, protect fisheries and wildlife habitat, and maintain the aesthetic quality
of the river. The Zoning Administrator shall notify each applicant for a Building Permit of the
purpose of the natural vegetation strip and of this section.
b. On privately owned land, a minimum 50-foot-deep restricted cutting strip (natural
vegetation strip) shall be maintained on each side of the main stream and on all designated
tributaries. The following shall apply within the natural vegetation strip:
1. Dead, diseased, unsafe or fallen trees, shrubs and noxious plants, including
poison ivy, poison sumac and poison oak, and other plants regarded as a common
Nuisance in section 2 of Public Act No. 359 of 1941 (MCL 247.62) may be removed.
2. Trees and shrubs may be pruned for a Filtered View of the river. The term "Filtered
View" means the maintenance or establishment of woody vegetation of sufficient
density to screen developments from the river, to provide for streambank stabilization
and erosion control, to serve as an aid to infiltration of surface runoff, and to provide
cover to shade the water. The vegetation need not be so dense as to completely block
the river view. It means no clearcutting.
3. Trees and shrubs may be selectively removed for harvest of merchantable timber,
public utility facilities, to achieve a Filtered View of the river from the principal Structure,
and for reasonable private access to the river upon approval of the Zoning
Administrator. The Zoning Administrator, if he deems it appropriate, shall direct the
property owner to consult with the appropriate state agency in Plainwell, Michigan, to
establish an acceptable selective cutting plan for the area.
(11) Minerals. New development, exploration or production of oil, gas, salt brine, and gravel or
other minerals except groundwater are not permitted within 300 feet of the designated river or
tributaries, as provided in section 30509 of the Natural River Act, Part 305 of Public Act No. 451 of
1994 (MCL 324.30509).
(d)
State and program management. State and program management requirements are as follows:
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(1) Stream alteration. To protect the natural character of the river and the natural flow of its
waters, no damming, dredging, filling or channelization of the stream will be permitted in those
portions of the Kalamazoo River or its tributaries designated in the Natural River Act unless
approved by the appropriate state agency under authority of the Inland Lakes and Streams Act,
Part 301 of Public Act No. 451 of 1994 (MCL 324.30101 et seq.).
(2) Riverbank stabilization. Natural materials should be used to construct riverbank or
streambank stabilization projects to control erosion or to enhance fisheries habitat. These
Structures should be camouflaged, and the local conservation officer and/or the district fish
biologist and/or the soil conservation service representative should be contacted to provide
technical advice for such projects. All work done below the ordinary high water mark (579.8 IGLD
mark) shall require a permit under the authority of such Inland Lakes and Streams Act, Part 301 of
Public Act No. 451 of 1994 (MCL 324.30101 et seq.).
(3) Removal of fallen trees and logjams. Permission must be obtained from the property owner
when removing fallen trees and logjams from the river. If extensive removal of log material from
the bottom during these operations is anticipated, advice and permission should be sought from
the district fish biologist.
(e) Notification of the appropriate state agency. The appropriate state agency shall be notified of all
requests for rezonings, Variances and Special Approval Uses within the natural river overlay district.
(Ord. No. 39, § 4.10, 5-20-1987; Ord. No. 41, 3-8-1988; Ord. No. 2009-03, § 3, 5-6-2009)
Sec. 40-592. - Blue Star Highway mixed use residential/commercial overlay district.
(a) The Blue Star Highway mixed use overlay district parallels the Blue Star Highway north and east
of the City of Saugatuck. It is intended to promote a mixture of business and residential development on
properties that have direct frontage on the highway and/or those which are in close proximity to the
highway and are totally or in part included in the C-1, C-2, or C-3 zoned districts. The district includes
portions of properties zoned in the R-1 and A-2 zoned districts.
(b) Property owners within the overlay district have the option of development under the underlying
zoned district or may request mixed use residential/commercial PUD approval under the flexible
standards of section 40-780(e).
(c) The overlay district is as depicted on the zoning map with the boundaries as indicated following
property lines, property lines extended, Street centerlines and established C-1, C-2 or C-3 zoning
district boundaries.
(Ord. No. 77, art. VI, 6-3-1998)
Sec. 40-593. - Interstate transportation overlay district.
(a) The interstate transportation overlay district is defined in general terms as the area adjacent to exit
41 of the I-196 expressway and more precisely as the north 825 feet of the northwest ¼ of section 2
and that part of the north 825 feet of the northeast ¼ of section 3 lying south of the centerline of the
Blue Star Highway and east of the centerline of 64th Street.
(b) The interstate transportation overlay district is intended to provide a reasonable location within the
township for transportation facilities such as Truck Stops and special controlled adult-oriented Uses as
described in section 40-743 and as defined in section 40-7. Truck Stops may only be located within this
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overlay district and must be developed in accordance with the specific standards of section 40-744.
Special controlled Uses shall only be approved under the standards of section 40-743
(Ord. No. 77, art. VII, 6-3-1998; Ord. No. 88, art. V, 2-21-2001)
Sec. 40-594. - Mobile Home Park overlay district.
(a) The Mobile Home Park district overlay is created to encompass the logical and preferred locations
for Manufactured Home communities within the township. Such communities may include Seasonal
Mobile Home Parks, Mobile Home Subdivisions and Mobile Home Condominiums. The boundaries of
the Mobile Home Park overlay district are described as follows: all of the northeast ¼ of section 29 lying
east of Interstate 196 and all that part of the northwest ¼ of section 28 contained in the C-2 and C-3
zoned districts.
(b)
All Mobile Home Parks allowed in this overlay shall be approved under section 40-741
(Ord. No. 77, art. VIII, 6-3-1998)
Secs. 40-595—40-620. - Reserved.
ARTICLE V. - SUPPLEMENTARY REGULATIONS
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40-621. - Scope and applicability.
40-622. - Effect of zoning.
40-623. - Fire prevention considerations.
40-624. - Restoration of unsafe Buildings or Structures.
40-625. - Area, height, Use conditions and exceptions.
40-626. - Essential services.
40-627. - Requirements of space and Parking Areas.
40-628. - Control of Nuisances.
40-629. - Removal of building and construction materials.
40-630. - Accessory Uses.
40-632. - Principal Building on Lot.
40-633. - Front Yard on double-frontage Lots.
40-634. - Signs, Billboards and visual attraction devices.
40-635. - Applicability to governmental agencies.
40-636. - County health department approval.
40-637. - Ponds.
40-638. - Razing of Building.
40-639. - Moving of Buildings.
40-640. - Fences or walls.
40-641. - Swimming pools.
40-642. - Home Occupations.
40-643. - Clear vision corners.
40-644. - Litter.
40-645. - Development in areas of water and/or wind erosion.
40-646. - Walkways/bikeways.
40-647. - Minimum off-street parking and loading requirements.
40-648. - Dwelling use of tents, Travel Trailers, motor homes and Recreational Vehicles.
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Sec. 40-649. - Outdoor Lighting Design Standards.
Sec. 40-650. - Minimum square feet of Floor Area for Apartments, Townhouses and Condominiums.
Sec. 40-651. - Required storage spaces for Apartments, Townhouses and Condominiums.
Sec. 40-652. - Dismantled, nonoperating or unlicensed vehicles.
Sec. 40-653. - Miscellaneous protection requirements.
Sec. 40-654. - Determination of Nuisances or violations of chapter.
Sec. 40-655. - Requirements for temporary location and use of Mobile Homes.
Sec. 40-656. - Condemnation/abatement of Buildings, Structures or Uses.
Sec. 40-658. - Private Roads.
Sec. 40-659. - Single-Family Dwellings.
Sec. 40-660. - State-licensed residential facilities.
Sec. 40-661. - Day Care Homes.
Sec. 40-662. - Building design and architectural standards for specified Uses.
Secs. 40-663—40-690. - Reserved.
Sec. 40-621. - Scope and applicability.
Unless otherwise specifically provided, the general sections in this article shall apply to all zoning
districts.
(Ord. No. 39, ch. III, 5-20-1987)
Sec. 40-622. - Effect of zoning.
Zoning applies to every Building, Structure or Use. No Building, Struture or land shall be used or
occupied and no Building or Structure or part thereof shall be erected, moved, placed, reconstructed,
extended, enlarged, razed or altered, except for ordinary maintenance and repairs, unless in
compliance with this chapter.
(Ord. No. 39, § 3.00, 5-20-1987)
Sec. 40-623. - Fire prevention considerations.
It is the intent of this chapter that, for any Use within the township, consideration shall be given to the
service capability of the local fire authority for that Use, as determined by recommendations from the
fire authority to the Planning Commission. No Building or Structure which the Zoning Administrator
deems to be outside of the established fire control parameters, as furnished from time to time by the
local fire authority, shall be erected, moved, placed, reconstructed, extended, enlarged or altered
unless in strict conformance with the recommendations of the fire authority as determined from its
investigation. Such recommendations shall be relayed by the Zoning Administrator to the owner,
occupant or applicant, as the case may be, and the owner, occupant or applicant shall conform to the
recommendations within a reasonable time limit to be imposed by the Zoning Administrator for such
compliance.
(Ord. No. 39, § 3.01, 5-20-1987)
Cross reference— Fire prevention and protection, ch. 16.
Sec. 40-624. - Restoration of unsafe Buildings or Structures.
Subject to article XV of this chapter pertaining to Nonconforming Uses, nothing in this chapter shall
prevent the strengthening or restoring of any unsafe Building or Structure or part thereof.
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(Ord. No. 39, § 3.02, 5-20-1987)
Sec. 40-625. - Area, height, Use conditions and exceptions.
(a) Required area of space. A Parcel in common ownership or a Yard, court, Parking Area or other
space shall not be divided, altered or reduced so as to consequently not conform to the minimum space
requirements of this chapter. If already less than the minimum requirements of this chapter, such Parcel
shall not be further divided or reduced in area.
(b) Existing Parcels of record. A Parcel which is platted or otherwise of record as of the effective date
of the ordinance from which this chapter derives may be used as specified in the zoning district, even if
it does not meet the minimum space requirements as required by this chapter. Buildings or Structures
shall be located on the Parcel so as to maximize the compliance with all space and Setback
requirements of the applicable zoning district. Lots in recorded plats may not be subdivided without the
permission of the township board.
(c) Height exceptions. The following Structures shall be permitted to a height not exceeding 100 feet
in the agricultural (A-1), rural open space (A-2), commercial (C-1, C-2 and C-3), and industrial (I-1)
zoning districts:
(1)
Chimneys;
(2)
Cooling towers;
(3)
Elevator bulkheads;
(4)
Fire towers;
(5)
Grain elevators;
(6)
Silos;
(7)
Stacks;
(8)
Water towers;
(9)
Public monuments;
(10) Cupolas;
(11) Church spires; and
(12) Rooftop housing for necessary mechanical equipment.
(d) One and one-half story height limitation. In any zoning district where the height of a residential
dwelling structure is limited to one and one-half stories, the maximum height of such structure shall be
28 feet as measured from the average grade plane established near the base of the structure.
(Ord. No. 39, § 3.04, 5-20-1987; Ord. No. 74, § 1, 1-21-1998; Ord. No. 2003-11, § 8B, 6-18-2003)
Sec. 40-626. - Essential services.
(a)
The erection, construction, alteration or maintenance by public utilities or governmental units,
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boards or commissions of overhead or underground gas, electrical, steam or water distribution,
transmission, collection, communication, or supply systems, including mains, drains, sewers, pipes,
conduits, wires, cables, fire alarm boxes, police callboxes, traffic signals, hydrants, poles and other
similar equipment and accessories in connection therewith, which are reasonably necessary for the
furnishing of adequate service by such public utility or municipal department or commission or for the
public health, safety or general welfare is permitted in any zoning district. This definition shall not
include antennas which are exterior transmitting or receiving devices mounted on a tower, Building or
Structure and used in communications which radiate or capture electromagnetic waves, digital signals,
analog signals, radio frequencies, wireless telecommunications signals or other communication signals.
An essential service shall further not include towers which are designed and constructed primarily for
the purpose of supporting one or more antennas for telephone, radio and similar communication
purposes; radio and television transmission towers; microwave towers; common-carrier towers; or
cellular telephone towers.
(b) Electrical substations, gas regulator stations, utility pump and metering stations, gasoline or oil
pipelines, and other public utility or governmental unit facilities which are potentially hazardous or
obnoxious are permitted in any zoning district but only with the prior approval of the Planning
Commission as a Special Approval Use. In considering such authorization, the Planning Commission
shall consider the following standards:
(1) The location of the public utility or governmental unit facility and particularly its proximity to
adjoining properties;
(2)
The purpose of the public utility or governmental unit facility;
(3)
The character, nature and size of the public utility or governmental unit facility;
(4) Any environmental or other consequences of the public utility or governmental unit facility;
and
(5) The effect of the public utility or governmental unit facility on adjoining properties and the
surrounding neighborhood.
(c) With respect to all public utility or governmental facilities authorized by subsection (a) or (b) of this
section, the following requirements shall apply:
(1) Electrical substations and/or gas regulator stations shall be enclosed with a fence or wall six
feet high and adequate to obstruct passage of persons or materials.
(2) Public utility or governmental unit facilities shall be constructed and maintained in a neat and
orderly manner. Any Building which is constructed shall be landscaped and shall conform with the
general character of the architecture of the surrounding neighborhood.
(Ord. No. 39, § 3.06, 5-20-1987; Ord. No. 74, § 2, 1-21-1998)
Sec. 40-627. - Requirements of space and Parking Areas.
All Lots, Yards, Parking Areas, or other spaces created after the effective date of the ordinance from
which this chapter derives shall comply with the minimum requirements of the zoning district in which
they are located.
(Ord. No. 39, § 3.08, 5-20-1987)
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Sec. 40-628. - Control of Nuisances.
Any Uses of land, water, Buildings or Structures which have an adverse impact upon neighboring air,
water, vegetation or topography and/or which have adverse sensory and/or economic impact on
neighboring owners, occupants or users of land or on neighboring water, Buildings or Structures as a
result of noise, heat, dust, smoke, odors, light, glare, traffic, vibration, erosion, water-use
mismanagement, pollution, electrical emissions, or other adverse consequences of such may be
declared to be a Nuisance Per Se and may be subject to the penalties outlined in section 40-41.
However, fumes, odors, noise or vibration occurring as a consequence of permitted farming operations
in the A-1 or A-2 zoned district shall not be considered a Nuisance Per Se.
(Ord. No. 39, § 3.10, 5-20-1987)
Sec. 40-629. - Removal of building and construction materials.
Building and construction materials related to construction activity on a construction site shall be
removed forthwith upon completion of the construction activity for which the materials were related.
(Ord. No. 39, § 3.12, 5-20-1987)
Cross reference— Buildings and building regulations, ch. 8.
Sec. 40-630. - Accessory Uses.
In any zoned district, Accessory Uses incidental to a permitted Use are allowed only when located on
the same Parcel or contiguous Parcels under the same ownership. Accessory Buildings located on a
contiguous Parcel may prevent the sale of that contiguous Parcel when such sale would create an
unlawful Use of land.
(Ord. No. 39, § 3.14, 5-20-1987)
Accessory Buildings in all zoned districts shall conform to the following requirements, except farm
Buildings in the A-1 or A-2 zoned district:
(1) An Accessory Building may be built on a Parcel if there is a Principal Building located on
such Parcel or if a Building Permit has been issued for the construction of both an Accessory
Building and a Principal Building on the same Parcel and the Use of the Accessory Building is
incidental to the construction of the Principal Building.
(2)
No portion of an Accessory Building shall be utilized as a Dwelling or for sleeping quarters.
(3) Accessory Buildings shall meet the same Setback provisions as Principal Buildings, unless
otherwise specifically provided in this chapter.
(4) Accessory Buildings may not be located closer than ten feet to any other Accessory Building
or to any Principal Building.
(5) A detached Garage incidental to a residence and used primarily as a Garage for Motor
Vehicle storage as well as one other Building used primarily for other than Motor Vehicle storage
shall be considered permissible Accessory Buildings, provided they are limited to a height which
does not exceed the lesser of 1½ Stories or 25 feet and provided they together have a total
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Ground Floor Area of no more than that permitted in the zoned district in which situated.
(6) Accessory Buildings or Structures in residential zoned districts which are not to be used as a
Garage or storage Building or otherwise than for Uses customary and usual to the principal
permitted Use shall not be erected or used without first being authorized by the Planning
Commission as a Special Approval Use. In considering such authorization, the Planning
Commission shall consider the following standards:
a. Whether the intended Use or the Accessory Building or Structure is prohibited or
otherwise restricted by this chapter.
b. The size, proposed location, type and kind of construction and general architectural
character of the Accessory Building or Structure.
c.
The type and kind of Principal and Accessory Buildings and Structures located on
properties which are adjoining and which are in the same neighborhood.
d. Whether the Building or Structure will affect the light and air circulation of any adjoining
properties.
e. Whether the Building or Structure will adversely affect the view of the occupants of any
adjoining property.
f.
Whether the Building or Structure meets the definition of a Movable Structure, if it is
desirable or required for such Accessory Buildings or Structures to be movable.
(7) When the Zoning Administrator determines the Accessory Building or Structure is not usual
and customary to a permitted Use, the applicant may seek review of that determination by the
Planning Commission.
(Ord. No. 39, § 3.16, 5-20-1987; Ord. No. 51, § 3, 6-15-1994; Ord. No. 86, § 1, 9-6-2000)
Sec. 40-632. - Principal Building on Lot.
In all zoned districts, no more than one Dwelling shall be placed upon a single Lot or Parcel of land
unless the Dwelling is located as a Planned Unit Development. Mobile Homes Located outside of
Mobile Home Parks shall be considered a Dwelling subject to this section unless temporarily Located
and used by special permit pursuant to section 40-648 while a principal Dwelling is being constructed
on the subject Lot or Parcel of land.
(Ord. No. 39, § 3.18, 5-20-1987)
Sec. 40-633. - Front Yard on double-frontage Lots.
The Front Yard on any Lot having frontage on two or more intersecting or nonintersecting Streets shall
be as determined by the established front of an existing Principal Building. If an existing Principal
Building located on the Lot has no established front as such or if the Lot is vacant of a Principal
Building, the Front Yard of such a Lot shall be adjacent to the longest Street frontage. If the Street
frontage is similar, the Front Yard shall be that portion of the Lot adjacent to the most improved Street.
(Ord. No. 39, § 3.20, 5-20-1987)
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Sec. 40-634. - Signs, Billboards and visual attraction devices.
(a) No Signs, Billboards, visual attraction devices or displays shall be erected in the Street
right-of-way or at any location where they might interfere with, obstruct the view of, or be confused with
an authorized traffic Sign, signal or device. No rotating beam, beacon or flashing illumination
resembling an emergency light shall be used in connection with any Sign, Billboard, visual attraction
device or display.
(b) Banners, pendants, balloons, light strings, flashing or blinking lights, and other similar devices
used to attract the attention of the public are prohibited. However, this shall not prohibit the display of
governmental or organizational flags in the manner prescribed by law for such display.
(c) Signs and Billboards are predicated on a current or viable Use. The party responsible for the
placement and/or maintenance of a Sign or Billboard or the owner or lessee of the land upon which a
Sign or Billboard is located shall be responsible for the change or removal of Signs and Billboards not
serving a current or viable Use and may be ordered by the Zoning Administrator to remove such Signs
and Billboards as do not conform to this requirement.
(d) All Signs may be illuminated if the source of light is not visible, except Signs in any residential
zoned district may not be illuminated. Signs may only be illuminated in a front-lit manner and not in a
back-lit manner.
(e) Flashing-type Signs of any kind are prohibited. In no event shall a Sign have flashing or
intermittent lights, nor shall the lights be permitted to rotate, oscillate, move or cause the visual effect of
motion.
(f) Billboards may only be located on lands abutting I-196, Blue Star Highway, or M-89 and shall
further be limited to such lands within the A-1, A-2, C-1, C-2, C-3 and I-1 zoning districts or when
specifically authorized within approved Commercial or industrial Planned Unit Developments. A
Billboard will not be permitted on a Parcel or Lot on which a Business Sign is already located.
(1) In locations not abutting I-196 Billboards shall be limited to 32 square feet in area and ten
feet in height from ground level. Approval by the Planning Commission as a Special Approval Use
shall be required if a Billboard will cause the total square footage of all signs on an individual Lot
or Parcel to exceed 150 square feet. If within a Planned Unit Development, each Billboard must be
specifically approved as part of the original Planned Unit Development or by a subsequent
amendment thereto.
(2) In locations abutting I-196, Billboards shall be regulated and controlled by the provisions of
the Highway Advertising Act of 1972, Public Act 106 of 1972, and by the provisions of this Section
40-634. These Billboards shall be limited to 300 square feet in area.
(3)
In addition, all Billboards shall further comply with the following provisions:
a. Not more than three Billboards may be located per linear mile of Street regardless of the
fact that such Billboards may be located on different sides of the subject Street. The
linear-mile measurement will be limited to the boundaries of this Township. Double-faced
Sign Structures (i.e., Structures having back-to-back Sign faces) and V-type Sign Structures
(i.e., Structures having only one face visible to traffic proceeding from any given direction on
a Street) shall be considered as one Billboard. Nonetheless, a double-faced or V-type Sign
Structure may have 32 square feet on each face. Additionally, Sign Structures having tandem
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Sign faces (i.e., two parallel Sign faces facing the same direction and side-by-side to one
another) or stacked Sign faces (i.e., two parallel Sign faces facing the same direction with
one face being directly above the other) shall be considered as one Billboard. Sign
Structures having tandem Sign faces or stacked Sign faces may have a total of 32 square
feet on all faces. Otherwise, Sign Structures having more than one Sign face shall be
considered as two Billboards and shall be prohibited in accordance with the minimum
spacing requirement set forth below.
b. No Billboard shall be located within 1,000 feet of another Billboard abutting either side
of the same Street.
c.
No Billboard shall be located within 200 feet of a residential zone and/or existing
residence. If the Billboard is illuminated, this required distance shall instead be 300 feet.
d. No Billboard shall be located in the Street right-of-way or less than 75 feet from any
adjoining property line.
e.
Billboards cannot be Temporary or Portable Signs.
(g) All Signs must be maintained in good condition and repair. A Sign must be constructed in such a
fashion that it will withstand all wind and vibration forces which can normally be expected to occur in the
vicinity. A Sign must be maintained so as to assure proper alignment of Structure, continued structural
soundness, and continued readability of message.
(h) The following Signs are exempt from the sections of this chapter with respect to permits, heights,
area and location unless otherwise specified:
(1)
Highway Signs erected by the federal government, the state, the county or the township.
(2) Governmental Use Signs erected by government agencies to designate hours of activity or
conditions of Use for parks, Parking Lots, recreational areas, governmental Buildings, and other
similar public areas.
(3) Directional Signs erected in conjunction with private off-Street Parking Areas, provided such
Signs do not exceed four square feet in area and are limited to traffic-control functions only.
(4) Historic Signs designating sites recognized by the appropriate state agency as centennial
farms or historic landmarks.
(5)
Placards posted to control or prohibit hunting within the township.
(6) Subdivision Signs not exceeding 32 square feet in area; provided, however, that such Signs
shall be removed at such times as 50 percent or more of the Lots in a subdivision are sold or after
five years, whichever shall first occur. The purpose of subdivision Signs is considered to be the
marketing of Lots in a subdivision, so therefore, no subdivision Signs may be erected to sell an
entire subdivision as a whole, but only to sell individual Lots within a subdivision.
(7) One construction Sign per project of no more than 16 square feet in area denoting architects,
engineers, or contractors directly associated with the construction activity.
(8)
Essential Service Signs denoting utility lines, hazards, and precautions.
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(9) Memorial Signs or tablets which are either cut into the face of a masonry or stone surface or
constructed of bronze or other incombustible material.
(10) Special decorative displays or Signs used for holidays, public demonstrations or promotion of
civic events for welfare, religious or charitable purposes, but only as authorized by the Zoning
Administrator. In considering such authorization, the Zoning Administrator shall consider the
following:
a.
The size, character and nature of the display or Sign.
b.
The duration of time period during which the display or Sign will be utilized.
c.
The purpose for which the Sign display is to be erected.
d. The arrangements made for the removal of the Sign or display after the termination of
its purpose.
e. The effect of the proposed Sign or display on light and air circulation for Lots which are
both adjoining and in the surrounding neighborhood of the proposed Sign or display.
f.
Whether or not the Sign or display will constitute a traffic hazard.
g.
Any other adverse effect of the Sign or display on the surrounding neighborhood.
(i) A permit from the Zoning Administrator shall be required prior to the erection of any Signs,
Billboards or visual attraction devices or displays, except for the following:
(1) Nameplates or Signs delineating Home Occupations which are affixed to a Principal or
Accessory Building.
(2)
Real Estate Signs.
(3) Signs and Billboards described in subsections (f) and (h) of this section, unless otherwise
provided therein.
(j) Particular requirements as to Signs in each zoned district are set forth in sections of this chapter
relating to those zoned districts.
(k)
Nonconforming Signs.
(1) Existing Signs which do not conform to the specific provisions of this chapter may be eligible
for continuation per section 40-1011 provided that:
a. The Zoning Administrator determines that such Signs are properly maintained and do
not in any way endanger the public;
b. The Sign was authorized by a valid permit or variance or complied with all applicable
laws when it was erected; and
c.
The Sign advertises a currently operating business or Use.
(2) Loss of Legal Nonconforming Status. If a Sign loses its right of continuation under Section
40-1011, the Sign (and all portions thereof) shall be removed immediately and shall not be
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repaired, replaced or rebuilt unless it fully complies with all requirements of this chapter as
amended. A nonconforming Sign shall lose its right of continuation if the Zoning Administrator
determines that any of the following is applicable:
a.
The Sign is relocated, moved, rebuilt or replaced.
b.
The Sign is destroyed. A Sign shall be deemed destroyed if any of the following occurs:
1.
The Sign is torn down or demolished.
2.
The Sign is wrecked or ruined.
3. Such damage has been done to the Sign that it cannot be returned to its prior state
by routine repair, but only by replacement or material rebuilding.
4. More than 50 percent of the face of the Sign has been shattered, or a portion of
the Sign face touches the ground.
c.
The Structure or size of the Sign is altered in any material way other than a change of
copy or normal maintenance which does not physically alter the Sign.
d.
There is a material change in the Use of the Lot where the Sign is located.
e. A Building Permit is issued for any construction on the Lot where the Sign is located
which increases the total Building square footage by more than five percent or 5,000 square
feet, whichever is less.
(3) Maintenance and Repair of Legal Nonconforming Signs. This sub-section shall not apply if a
legal nonconforming Sign has been destroyed, since a destroyed Sign automatically loses its right
of continuation under Section 40-1011. If a legal nonconforming Sign suffers 50 percent or more
damage or deterioration, it must be brought into full compliance with this Chapter or be removed.
In order to determine whether or not a Sign has been damaged or has deteriorated by 50 percent
or more, the costs of physically repairing the Sign shall be compared to the costs of physically
replacing the Sign. If less than 50 percent damage or deterioration has occurred pursuant to such
comparison, the Sign may be repaired to its exact original state.
(Ord. No. 39, § 3.22, 5-20-1987; Ord. No. 2006-02, § 12, 5-3-2006)
Sec. 40-635. - Applicability to governmental agencies.
This chapter shall be applicable to and enforceable against the township itself and all other
governmental agencies and units, whether federal, state or local.
(Ord. No. 39, § 3.24, 5-20-1987)
Sec. 40-636. - County health department approval.
No permit shall be issued for the construction of a Building or Structure which is to have drinking water
and/or sanitary facilities located therein and which is to be located on a Lot which is not served by both
existing water and sewer facilities if no permit has been issued by the county health department for the
construction or installation of such drinking water and/or sanitary facilities.
(Ord. No. 39, § 3.26, 5-20-1987)
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Sec. 40-637. - Ponds.
Manmade ponds must be enclosed with a fence sufficient to prevent easy access or shall be posted
with notices stating the greatest depth of water therein and any extraordinary hazards to life occasioned
thereby. Manmade ponds shall have sides sloped sufficiently to provide lateral support for surrounding
land and, unless located also on neighboring land, shall be located at least ten feet from any
neighboring property line. Prior to construction of such a pond, a permit must be obtained from the
Zoning Administrator.
(Ord. No. 39, § 3.28, 5-20-1987)
Sec. 40-638. - Razing of Building.
No Building shall be razed until a permit has been obtained from the Zoning Administrator, who shall be
authorized to require a performance bond or other financial security in any amount not to exceed
$1,000.00 for each 1,000 square feet or fraction thereof of Floor Area of the Building to be razed. Such
bond or security shall be conditioned upon completing the razing within the period of the permit and
complying with all applicable safety regulations. The level filling of any excavation and the termination
of utilities is required.
(Ord. No. 39, § 3.30, 5-20-1987)
Sec. 40-639. - Moving of Buildings.
No existing Building or Structure of any type or kind shall be moved into the township or moved from
one Parcel in the township to another Parcel in or out of the township unless:
(1) All requisite permits and/or approvals have been obtained from the highway department,
police agencies and utility companies affected by the move; and
(2) The Building or Structure, if to be relocated within the township, shall comply in all respects
to the minimum Lot size, Setback and Building square footage requirements of the zoning district
to which it is to be moved.
(Ord. No. 39, § 3.32, 5-20-1987)
Cross reference— Buildings and building regulations, ch. 8; environment, ch. 14; streets, sidewalks and other public
places, ch. 30.
Sec. 40-640. - Fences or walls.
(a) Fences or walls with a height not to exceed six feet may be constructed or installed in all zoned
districts. Such fences may not include barbed wire in any residential zoned districts.
(b) On any Lot adjacent to two or more Streets or rights-of-way, no fence or wall higher than 30
inches shall be erected or maintained within 20 feet of the closest intersecting paved or traveled
portions of Streets or rights-of-way so as to prevent interference with traffic visibility across the corners.
(Ord. No. 39, § 3.34, 5-20-1987)
Sec. 40-641. - Swimming pools.
(a)
A swimming pool is considered an Accessory Use to any Dwelling Unit.
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(b) Any swimming pool of any depth or size shall not be constructed, installed, located, enlarged or
substantially altered until a permit has been obtained from the Zoning Administrator.
(c) Pools used for swimming or bathing shall be in conformity with the Setback and area requirements
of the applicable zoned district; provided, however, this section shall not apply to any such pool
designed to hold water less than 24 inches deep.
(d) The inside edge of the pool wall shall not be located closer than six feet from any Lot Line,
provided that if any part of a pool wall is more than two feet above the surrounding grade level, such
pool shall be placed or erected not less than ten feet from any Lot Line. No pool shall be located under
any electrical wiring.
(e) Each pool shall be fully enclosed by a fence or wall, with gates, all of which shall have a height of
at least four feet so as to make the body of water contained therein inaccessible to small children. All
gates must be self-latching with latches placed inside the gate or otherwise placed so as to be
inaccessible from the outside to small children. A natural barrier, hedge, or such other protective device
approved by the Zoning Administrator may be used if the degree of protection afforded by the
substituted device is at least equal to the protection afforded by the fence, wall and gate described in
this subsection.
(f)
All swimming pool installations shall comply with the state construction code.
(Ord. No. 39, § 3.36, 5-20-1987)
Sec. 40-642. - Home Occupations.
All Home Occupations shall be subject to the following restrictions and regulations:
(1) The occupation shall be conducted only by the person occupying the Dwelling as the
principal residence; however, the Planning Commission upon a request, may permit additional
subordinate assistants (who do not so reside within such dwelling) where the assistants would not
materially impair the residential character of the neighborhood, cause traffic congestion or parking
problems. In no event shall such additional assistants exceed three in number.
(2) The Home Occupation shall be conducted entirely within the principal Dwelling structure
located on the premises and may not involve the use of an attached garage or a detached
accessory building or any outdoor display or storage of goods, products or materials unless
reviewed and approved by the Planning Commission as a Special Approval Use.
(3) There shall be no exterior change to the Dwelling other than a Permitted Sign, to indicate that
the Dwelling is being utilized for any purpose other than that of a dwelling.
(4) The occupation conducted therein shall, by measure of devoted square footage and daily
activity, remain secondary to the Principal Use of the Dwelling for residential purposes.
(5) No goods or services may be sold from the Dwelling which are not exclusively related to the
Home Occupation being conducted.
(6) The occupation conducted shall not constitute a nuisance or annoyance to adjoining
residents by reason of noise, vibration, smoke, odor, electrical disturbance, night lighting, or the
creation of unreasonable traffic to the premises.
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(7) Prior to the issuance of a zoning permit for a Home Occupation, the Zoning Administrator
shall have authority to determine whether or not the proposed Home Occupation complies with
these standards and the spirit and intent of this chapter so as to ensure the compatibility of the
use with the character of the zoning district in which it is to be located, and whether the health,
safety and general welfare of the neighborhood is or will be impaired by such Use.
(8) Home Occupations are subject to annual inspection by the Zoning Administrator and may be
terminated by order of the Zoning Administrator whenever the Home Occupation fails to comply
with the requirements of this section.
(Ord. No. 39, § 3.38, 5-20-1987; Ord. No. 2002-02, art. 1, 6-27-2002)
Sec. 40-643. - Clear vision corners.
In any zoned district on any Corner Lot or Parcel, no fence, Structure or planting over 30 inches in
height, except deciduous trees, shall be erected, placed or maintained within 20 feet of the closest
intersection of the paved or traveled portions of any Streets or rights-of-way. In no event shall any
fence, Structure or planting be erected, placed or maintained within the public right-of-way.
(Ord. No. 39, § 3.40, 5-20-1987)
Sec. 40-644. - Litter.
No person shall dump or cause to be dumped or deposited on any public or private land situated within
the township any junk, trash, unusable Motor Vehicles, appliances or such other litter or waste material
of any kind or description unless such area is a municipally owned, operated or licensed landfill,
dumping ground or waste collection depot. No dumping, depositing, littering or placing of waste material
of any kind or nature as shall violate Part 89 of Public Act No. 451 of 1994 (MCL 324.8901 et seq.) shall
be allowed within the township.
(Ord. No. 39, § 3.42, 5-20-1987)
Cross reference— Solid waste, ch. 28.
Sec. 40-645. - Development in areas of water and/or wind erosion.
(a) For the purposes of this section, reference is made to the applicable provisions of the floodplain
overlay district.
(b) Buildings, Structures or roads should be located in areas where water and/or wind erosion of
dunes, banks or soil has been stabilized.
(c)
(d) Access roads and driveways shall have beach grass (Ammophila breviligulata) or other suitable
material planted on areas of open sand 50 feet on each side of the road or driveway.
(e) Buildings, Structures and roads or driveways shall be placed so as to minimize the disturbance of
(Ord. No. 39, § 3.44, 5-20-1987)
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(a) In recognition that a pedestrian system along the township's major and minor Arterial Streets
would enhance pedestrian safety and conserve energy through nonmotorized transportation
opportunities, walkways/bikeways may be required as determined by the Planning Commission during
the site plan review process. The Improvement, if required, shall be, when possible, located in the
outside eight feet of the road right-of-way and constructed in accordance with the adopted standards of
the township (county road commission standards). Additions to or renovations of Buildings existing as
of the effective date of the ordinance from which this section derives (June 3, 1998) which require site
plan review shall be subject to the requirements in this section.
(b) In determining whether to require a walkway/bikeway, the following criteria shall be considered by
the Planning Commission:
(1)
The amount of current and future pedestrian and nonmotorized traffic passing by the site.
(2) Whether the pedestrian facility would enhance the safety of pedestrians currently crossing
the site as well as the safety of future pedestrians.
(3)
The existing and future volume of traffic on the Street abutting the site.
(4) The existence or probability of such a facility being constructed on adjacent properties in
order to create or complete a usable walkway/bikeway system.
(5)
The location of the proposed Use.
(6) The location of pedestrian attractions such as schools, churches, public Buildings, and
shopping opportunities.
(Ord. No. 77, art. XIV, 6-3-1998)
Sec. 40-647. - Minimum off-street parking and loading requirements.
(a) In all zoned districts, every property owner shall provide and maintain at all times an adequate
number of off-Street Parking Spaces, and the necessary loading and unloading facilities associated
with the Uses of property for the benefit of all occupants, employees, invitees and other users of such
property, except parking requirements in Mobile Home Parks and Mobile Home Park Condominiums
shall be regulated by the rules and regulations of the appropriate state agency.
(b) A plan showing the required parking and loading spaces including the means of access and
circulation of traffic shall be provided at the time of application for a Building Permit for the erection or
enlargement of any Building, except in respect to the construction of Single-Family and Two-Family
Dwellings.
(c) Parking of Motor Vehicles on Parcels of less than two acres in all residential zoned districts
(meaning R-1, R-2 and R-3) shall be limited to noncommercial passenger vehicles and to not more than
one commercial vehicle of the light-delivery type, with the exception of Motor Vehicles used for school
and church purposes.
(d) Parking Areas shall be designed to provide safe and efficient ingress, egress and circulation for
Motor Vehicles and shall be configured and designed to reduce the overall mass of paved surfaces and
to minimize visual impacts. Unless specifically authorized by the Planning Commission, no more than
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20 percent of an off-Street Parking Area for the entire property may be located between the front
facade of the principal Building(s) and the adjacent Street. The Planning Commission may consider
allowing greater than 20 percent of a land use's off-Street Parking Area in the Front Yard area if the
Parking Lot is designed to internally incorporate at least 30 square feet of enhanced, quality landscape
area internal to the Parking Area for each Parking Space (ref. the landscape standards contained in
Article XI of this chapter).
(e)
Requirements for all Parking Spaces and Parking Lots shall be as follows:
(1) Each Motor Vehicle Parking Space shall be not less than 200 square feet or less than ten
feet wide, exclusive of driveway.
(2) All off-Street driveway and parking facilities shall be drained so as to prevent damage to
abutting properties or public Streets and shall be constructed of materials which are resistant to
rutting and erosion.
(3) All lighting fixtures used to illuminate off-Street Parking Areas shall be so arranged and
directed as to reflect the light away from adjoining properties.
(4) Buffer Yards. No Parking Spaces shall be located within five feet of the property lines in
residential and agricultural zoned districts, and no Parking Spaces shall be located within ten feet
of the property lines in industrial zoned districts. In residential zoned districts, no parking shall be
located within the space between the principal Street or Private Road serving the property and the
Front Line of the Principal Building as extended to the Side Lot Lines, except on clearly
designated driveways or Parking Areas. Within any C-1, C-2 or C-3 zoned district, no parking shall
be located within 40 feet of the front property line or any Side Yard fronting a Street, 15 feet from a
side property line not fronting a Street, and ten feet from the rear property line. The Side and Rear
Yard buffer shall be increased to 20 feet when it adjoins a residential or agricultural zoned district.
Such areas shall be landscaped as required under article XI of this chapter pertaining to
landscaping.
(5) Off-Street parking facilities in commercial and industrial zoned districts shall be effectively
screened on any side which adjoins or faces property zoned residential or agricultural by a wall,
fence or compact planting not less than four feet in height or 30 inches maximum in height if within
20 feet of the intersection of the paved or traveled portions of public rights-of-way. Plantings shall
be maintained in good condition and shall not encroach on adjoining properties. Screening shall
not be so placed or maintained so as to provide a traffic hazard through obstruction of visibility.
(6) All off-Street Parking Areas in commercial and industrial zoned districts must be so designed
as to allow vehicles to enter a Street without backing into it.
(7) Adequate space for all necessary loading and unloading operations for any Commercial,
Industrial or related Use must be provided in addition to the required off-Street Parking Space. All
loading and unloading operations must be carried on entirely within the Lot Area of the Use it
serves and shall not interfere with pedestrian or vehicular movement.
(8) Requirements for the provision of parking facilities with respect to two or more property Uses
of the same or different types may be satisfied by the permanent allocation of the requisite number
of spaces for each Use in common parking facilities, cooperatively established and operated,
provided that the number of spaces designated is not less than the total of individual Parking
Space requirements.
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(9) The number of Parking Spaces required for two or more property Uses shall be the total of
the requirements of their individual Uses, computed in accordance with this section; parking
facilities for one Use shall not be considered as providing the required parking facilities for any
other Use.
(10) Every Parcel of land established as an off-Street public or private Parking Area for more than
three vehicles, including a municipal Parking Lot, Commercial Parking Lot, automotive sales
and/or service Lot, and accessory parking and loading areas for multiple Dwellings, businesses,
public assembly, and institutions shall be developed and maintained in accordance with the
following:
a.
The Parking Lot and its driveway shall be:
1.
Designed to provide adequate drainage;
2.
Surfaced with concrete or asphalt pavement; and
3.
Maintained in good condition, free of dust, trash and debris.
b. The Parking Lot and its driveway shall not be used for repair, dismantling, or servicing
of Motor Vehicles.
c.
The Parking Lot shall be provided with entrances and exits so located as to minimize
traffic congestion and hazards.
d. No part of any public or private Parking Area shall be closer than ten feet to the paved
or traveled portion of a public right-of-way.
(f) Provision of common parking facilities for several Uses in the same vicinity is encouraged. In such
cases, the total Parking Space requirement is the total of the individual requirements for each Use.
(g) In the location of facilities for all zoning districts, required parking shall be provided on the same
Parcel with the Building or Use that it is required to serve.
(h) Minimum required off-Street Parking and loading Spaces are as follows. To minimize excessive
adverse aesthetic impacts and excess rates of stormwater runoff, minimum Parking Space
requirements shall not be exceeded by more than 30 percent:
(
1
)
(
2
)
(
3
)
(
4
Use or Similar Use
Dwellings
Minimum Parking Spaces Required
Two for each Dwelling Unit
Lodginghouses, Roominghouses and
Boardinghouses
One for each two beds for guests, or two for each
three guestrooms, whichever is greater
Private clubs and lodges
Two for each three spaces of seating capacity
Hospitals
Two for each patient bed
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)
(
5
)
(
6
)
(
7
)
(
8
)
(
9
)
(
1
0
)
(
1
1
)
(
1
2
)
(
1
3
)
(
1
4
)
(
1
5
)
(
1
6
)
(
1
7
Sanitariums or convalescent or nursing homes
One for each two beds
Homes for senior citizens
One for each three beds
Hotels
One for each guestroom
Motels and Tourist Homes
One for each sleeping room
Theaters, auditoriums, stadiums
One for each four seats
Bowling alleys
Six for each alley
Private and public elementary and junior high
schools
Two for each three employees normally engaged
in or about the Buildings and grounds plus four
for each classroom
Private and public senior high schools and
institutions of higher learning
Two for each three employees normally engaged
in or about the Buildings and grounds, and one
additional for each four students enrolled (by
average) in the most senior three grades of the
institution
One for each four spaces of main auditorium
seating capacity
Churches
Community center
One for each four spaces of main room seating
capacity
Libraries, museums, and post offices
One for each 100 square feet of Floor Area
Professional offices
One for each 200 square feet of Floor Area
Restaurant, grill, dining room, dairy bar, soda
fountain
One for each two spaces of seating capacity
Page 302 of 415
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)
(
1
8
)
(
1
9
)
(
2
0
)
(
2
1
)
(
2
2
)
(
2
3
)
(
2
4
)
(
2
5
)
(
2
6
)
(
2
7
)
Medical, dental, chiropractic and other offices
related to private health services
Five for each doctor plus one for each employee
Banks and other businesses or offices regularly
visited by clients, customers and members of the
public and other public Buildings not specifically
mentioned elsewhere
Mortuaries or funeral homes
One for each employee and one for each 150
square feet of Floor Area
Taverns and bars
Two for each three spaces of seating capacity
Marinas
One and one-half for each slip and mooring
Retail stores, supermarkets, department stores,
personal service shops (general business)
One for each employee plus one for each 100
square feet of Floor Area in the Basement and on
the first floor used for retail sales, one for each
400 square feet of Floor Area on the second floor
used for retail sales, one for each 600 square
feet of Floor Area on the third floor used for retail
sales, and one for each 800 square feet of Floor
Area on any additional floors used for retail sales
Three plus one for each employee on the
maximum shift or peak employment period
Business offices, research laboratories and
similar Uses not normally visited by clients,
customers, or other members of the public
One for each employee and one for each 50
square feet of Floor Area used for visitation
Manufacturing, processing and/or fabricating
Uses
One for each three employees on the maximum
shift or peak employment period
Mobile Home Parks
As determined by rules and regulations of the
appropriate state agency
Other Uses
As determined by the Planning Commission
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(i) Other Uses not specifically mentioned. For Buildings or Structures which are intended for Uses not
specifically mentioned in subsection (i) of this section, the Planning Commission shall determine the
applicable off-Street parking requirements.
(j) Exceptions. Except as to parking in Mobile Home Parks, the Planning Commission shall have
authority to grant exceptions from this section where it is satisfied under the circumstances then
prevailing that the requirements for off-Street parking are inappropriate for the particular Use.
(k) Off-Street loading spaces. For every Building or addition to an existing Building erected to be
occupied by storage, display of goods, retail store or block of stores, wholesale store, market, Hotel,
hospital, mortuary, laundry, dry cleaning or other similar Uses requiring the receipt or distribution by
Motor Vehicles of materials or merchandise, there shall be provided and maintained on the same
Parcel with such Building or addition an area or means adequate to accommodate the number and
frequency of delivery vehicles so as to avoid interference with pedestrian and vehicular traffic, whether
on public ways or on the subject Parcel.
(l) The Planning Commission shall determine the adequacy of off-Street loading facilities and spaces
before any Commercial or industrial Building or Structure is enlarged or intensified in Use.
(m) All parking requirements in Mobile Home Parks shall be as established by the rules and
regulations of the appropriate state agency.
(Ord. No. 39, § 3.46, 5-20-1987; Ord. No. 77, arts. XV, XVI, 6-3-1998; Ord. No. 2006-02, § 29,
5-3-2006; Ord. No. 2007-03, § 6, 7-11-2007)
Sec. 40-648. - Dwelling use of tents, Travel Trailers, motor homes and Recreational Vehicles.
(a) Tents, Travel Trailers, motor homes or any other Recreational Vehicles shall not be used for
Dwelling purposes within the township; except, however, tents, Travel Trailers, motor homes or other
Recreational Vehicles may be used for temporary Dwellings within duly authorized camping or trailer
facilities and shall be subject to the requirements and regulations therein imposed.
(b)
Mobile Homes may be Located for Single-Family Dwelling purposes only.
(1) Temporary residence purposes. A permit may be secured from the Zoning Administrator to
use a Mobile Home as a temporary residence for a single-Family unit for a period not to exceed
one year, provided:
a. The intent and ability to erect a principal Dwelling within one year for the occupants of
the Mobile Home is shown.
b. The Mobile Home is Located upon premises having county health-department-approved
water and sewage facilities.
c.
Upon expiration of the initial one-year period, the Zoning Administrator may renew the
permit for an additional period of not more than one year upon sufficient showing that the
Dwelling construction could not have been reasonably completed within the initial one-year
period, but has substantially progressed during such period.
(2) Performance bond. The Zoning Administrator may require a performance bond conditioned
upon the forthwith removal of the Mobile Home from the premises within the time limited upon
substantial completion of construction (meaning the constructed Dwelling is reasonably habitable
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in the opinion of the building official).
(3) Additional requirements. No Mobile Home may be Located in the township on a temporary
basis unless the requirements of section 40-655 are met.
(Ord. No. 39, § 3.48, 5-20-1987; Ord. No. 51, § 4, 6-15-1994)
Sec. 40-649. - Outdoor Lighting Design Standards.
(a) Purpose. It is the purpose of this section to regulate outdoor lighting in order to reduce or prevent
light pollution. This means to the extent reasonably possible the reduction or prevention of glare and
light trespass, the conservation of energy, and promotion of safety and security. This section will ensure
the aesthetically appropriate outdoor lighting in keeping with the natural character of the township.
(b)
Definitions. The following words and terms related to outdoor lighting are defined as follows:
(1)
Lamp or Bulb means the light-producing source installed in the socket portion of a Luminaire.
(2) Luminaire or Fixture means a complete lighting unit including the Lamps or Bulbs, together
with the parts required to distribute the light, to position and protect the Lamps, and to connect the
Lamps to the power supply.
(3) Light Pollution means general sky glow caused by the scattering of artificial light in the
atmosphere and resulting in decreased ability to see the natural night sky.
(4)
Glare means the brightness of a light source that causes eye discomfort.
(5) Disabling Glare means lighting that impairs visibility and creates a potentially hazardous
situation for either pedestrians or motorists.
(6) Nuisance Glare means light that creates an annoyance or aggravation but does not create a
potentially hazardous situation.
(7) Light Trespass means light emitted by a luminaire that shines beyond the property on which
the Luminaire is installed.
(8) Shielding means that a Fixture above the horizontal plane running through the lowest point of
the Fixture where light is emitted but emits no light rays.
(9) Accent Lighting means any directional lighting, which emphasizes a particular object or
draws attention to a particular area.
(10) Spotlight or Floodlight means any Lamp that incorporates a reflector or a refractor to
concentrate the light output into a directed beam in a particular direction.
(c)
General requirements.
(1) All outdoor lighting Fixtures installed on private and public property after the effective date of
this section shall comply with the general standards listed below. This section does not apply to
interior lighting. However, overly bright inside light emitted outdoors from any Structure will be
subject to control by this section if it is determined by the Zoning Administrator that it creates a
Nuisance Glare or a Disabling Glare as defined by this section.
Page 305 of 415
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(2) All exterior lights and illuminated Signs shall be designed, located, installed and directed in
such a manner as to prevent objectionable Light Trespass and Glare across the property lines
and/or Disabling Glare at any location on or off the Lot. The "maintained horizontal luminance
recommendation" set by the Illuminating Engineers Society of North America (IES) shall be
observed. (See "LIGHTING TABLE".)
(3) All outdoor lighting Fixtures existing and legally installed and operative before the effective
date of this section are exempt from these requirements unless they are determined to create a
Nuisance Glare or a Disabling Glare. When existing lighting Fixtures become inoperable, their
replacements are subject to all the provisions of the section.
(4) When an existing Fixture is replaced, the replacement Fixture shall meet the requirements of
this section.
(5)
The Zoning Administrator shall administer compliance with this section.
(6) In the event of a conflict with any other section of this chapter, the more stringent
requirement shall apply.
(7) All governmental agencies which operate within the township are required by the township to
comply with these provisions.
(d)
Exemptions. The following are exempt from the provisions of this section:
(1)
Traffic control signals and devices;
(2)
Streetlights installed prior to the effective date of this section;
(3)
Temporary emergency lighting (e.g. fire, police, repair workers);
(4)
Moving vehicle lights;
(5)
Navigation lights (e.g. pier heads, radio/television towers);
(6)
Lighted Signs that conform to this chapter;
(7)
Seasonal decorations with individual lights in place no longer than 60 days;
(8) Special situations approved by the township for temporary or periodic events (e.g. festivals,
fairs, fiestas, carnivals, night-time construction);
(9) Covered porch lighting on Single-Family, Two-Family, or Multi-Family Dwellings provided that
each outdoor light Fixture does not exceed 150 watts (2,220 lumens output);
(10) Security lights of any wattage that are controlled by a motion-sensor switch and which do not
remain on longer than ten to 12 minutes after activation;
(11) Up lighting of the American flag; and
(12) Up lighting of ornamental foliage.
(e) Submittals. Applications for Building Permits or applications for review by the Planning
Commission, which includes the installation of outdoor lighting Fixtures for new construction, shall
Page 306 of 415
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provide evidence of compliance with the requirements of this section. The submittal shall contain the
following information submitted as part of the site plan to the Zoning Administrator for approval:
(1) Plans indicating the location, type, and height of Luminaires including both Building and
ground-mounted Fixtures;
(2) A description of the Luminaires, including lamps, poles or other supports and Shielding
devices, which may be provided as catalogue illustrations from the manufacturer;
(3) Photometric data, such as that furnished by the manufacturer, showing the angle of light
emission; and
(4) Additional information as may be required by the Zoning Administrator in order to determine
compliance with this section.
Applications for projects where any single outdoor light Fixture not used for landscaping or foliage
illumination exceeds 150 watts (2,220 lumens output) shall be required to comply with subsection
(1) above. (See section below for landscaping and foliage illumination.)
(f) General standards for all Commercial and industrial zoned districts. The following general
standards shall apply to all outdoor lighting in Commercial and industrial zoned districts, installed after
the effective date of this section and not exempted above.
(1) Outdoor lighting must be hooded, shielded, and/or aimed downward. Examples of acceptable
and unacceptable Light Pollution control, Shielding and hooding are shown in figures included in
this section.
(2) The hood or shield must mask the direct horizontal surface of the light source. The light must
be aimed to insure that the illumination is only pointing downward onto the ground surface, with no
escaping light permitted to contribute to sky glow by shining upward into the sky.
(3) Any bright light shining onto adjacent property or Streets, which would result in a Nuisance
Glare or a Disabling Glare, shall not be permitted. Light Trespass beyond property boundaries or
above the horizontal plane shall be considered non-compliant with this section.
(4) Existing Fixtures may be adapted to comply with this section by adding a properly designed
hood or shield, or by pointing any upward-mounted, shielded Fixture downward onto the ground
surface.
(5) All outdoor lighting Fixtures shall be designed, installed, located and maintained such that
Nuisance Glare onto adjacent properties or Streets shall be minimized and all direct illumination
kept within the boundaries of the Lot where located.
(6) This section may be enforced on the basis of a formal complaint filed in writing to the Zoning
Administrator.
(7) Accent Lighting, when so approved, shall be directed downward onto the Building or object
and not toward the sky or onto adjacent properties. Direct light emissions shall not be visible
above the roof line or beyond the Building edge.
(8) Spotlights on landscaping and foliage shall be limited to 150 watts (2,220 lumens output).
The lamp shall be shielded and not create Disabling or Nuisance Glare.
Page 307 of 415
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(g)
General standards for residential and agricultural zoned districts.
(1) All outdoor lighting Fixtures shall be designed, installed, located and maintained such that
Nuisance Glare onto adjacent properties or Streets shall be minimized and all direct illumination
kept within the boundaries of the Lot where located.
(2) This section may be enforced on the basis of a formal complaint filed in writing to the Zoning
Administrator.
(h) Further restrictions. The township reserves the right to further restrict outdoor lighting including,
but not limited to, searchlights for special events, quartz lighting, laser lights, pole height, and level of
illumination, when it is deemed to be in the best public interest in keeping with the stated purpose of
this chapter.
LIGHTING TABLE
Maintained Horizontal Luminance Recommendations
(Foot candles)
General Parking &
Pedestrian Areas
Parking Lot Levels
Ave.
Min.
of activity
(Examples)
High
3.6
.9
Civic Recreational
Facilities
Regional Shopping
Centers
Fast Food Facilities
Gas/Convenience
Store
Medium
2.4
.6
Community
Shopping Center
Office Parks
Hospital Parking
Transportation
Parking (Commuter
Lots, Etc.)
Residential Parking
Complex
Low
.8
.2
Neighborhood
Shopping/Service
Industrial Employee
Parking
Church Parking
School Parking
Vehicles Parking Only
Ave. U. Ratio
Ave.
Min.
Min.
4:1
2.0
.67
3.1
4:1
1.0
.33
3:1
4:1
.5
.13
4:1
Page 308 of 415
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(i) Acceptable shielding, hooding and aiming of outdoor light Fixtures. The following four figures
illustrate what is acceptable and what is unacceptable in commercial, industrial and institutional uses in
the township:
IMAGE NOT FOUND:\file1.municode.com34670-649i1.jpg
Figure 1: Wall Mounted Lights
Figure 2: Freestanding Lights
Street and Parking Lot Lights
Off-Wall, Building, Sign and Escarpment Lights
Figure 4: Street and Lot Light Cutoff at Property Line
(Ord. No. 39, § 3.50, 5-20-1987; Ord. No. 2006-02, § 18, 5-3-2006)
Sec. 40-650. - Minimum square feet of Floor Area for Apartments, Townhouses and
Condominiums.
Unless otherwise provided in this chapter, the minimum Floor Area in any Dwelling Unit of an
Apartment, Townhouse or Condominium shall be 600 square feet, exclusive of required storage space.
(Ord. No. 39, § 3.52, 5-20-1987)
Sec. 40-651. - Required storage spaces for Apartments, Townhouses and Condominiums.
Each Dwelling Unit in an Apartment, Townhouse or Condominium, excluding Mobile Home Park
Condominiums, shall have a separately provided minimum of 800 cubic feet of storage space. The term
"separately provided" means not included in or as a part of the normal living quarters.
Page 309 of 415
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(Ord. No. 39, § 3.54, 5-20-1987)
Sec. 40-652. - Dismantled, nonoperating or unlicensed vehicles.
(a) No person shall store, place or permit to be stored or placed or allow to remain on any Parcel of
land for a period of more than ten days in any one calendar year a dismantled, partially dismantled or
inoperable Motor Vehicle, unless the Motor Vehicle is in a wholly enclosed Structure or is Located
within an improved Salvage Yard or Junkyard as a Special Approval Use as provided in this chapter.
(b) No person shall park or store upon any premises within the township a Motor Vehicle in operating
condition which is not regularly used for the purpose for which it was manufactured or designed unless
the Motor Vehicle is kept within an enclosed Building, approved Salvage Yard or Junkyard.
(c) The purpose of subsections (a) and (b) of this section is to limit and restrict the outdoor storage or
unreasonable accumulation of junked Motor Vehicles, unused Motor Vehicles, stock cars, and
dilapidated and/or inoperable Motor Vehicles upon any land in the township, except within areas where
a salvage or junk dealer is permitted to operate by Special Approval Use.
(d) This section shall not be construed as repealing any ordinance in effect or to be made effective
relating to rubbish, litter, garbage, refuse, trash or junk, but shall be construed as supplementary to any
such ordinances, as well as to any state statutes relating thereto.
(Ord. No. 39, § 3.56, 5-20-1987)
Sec. 40-653. - Miscellaneous protection requirements.
(a) Every Structure erected for Dwelling purposes shall be provided with running water, adequate
inside water closet accommodations and sewage facilities, and shall meet all county health standards.
(b) No outside toilets shall be erected except as may temporarily be needed during construction on
the premises.
(c) No Structure, the major portion of which consists of a Basement, shall be occupied for living
and/or sleeping purposes by human beings except under permit from the Planning Commission.
(d) Any Building erected as a Garage which is primarily used to house Motor Vehicles shall not be
occupied for Dwelling purposes unless it is affixed to a residence already being occupied upon the
same premises and unless it also complies with all sections of this chapter relating to a Building for
residential purposes.
(Ord. No. 39, § 3.58, 5-20-1987; Ord. No. 43, § 6, 1-18-1989)
Sec. 40-654. - Determination of Nuisances or violations of chapter.
(a) First determination. It shall be the responsibility of the Zoning Administrator to investigate any
claimed Nuisances or violations of this chapter arising out of the use or nonuse of any Parcel of land,
Building or Structure and make a decision as to such and transmit that decision to the owner and/or
occupant of the Parcel, Building or Structure claimed or suspected of the Nuisance or violation. Such
decision may be delivered personally or by first class mail.
(b) Appeal of first determination. Any appeal of the determination of the Zoning Administrator shall be
to the Zoning Board of Appeals as provided in article II, division 2, of this chapter.
Page 310 of 415
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(Ord. No. 39, § 3.60, 5-20-1987)
Sec. 40-655. - Requirements for temporary location and use of Mobile Homes.
(a) Location permit required. No Mobile Home may be Located within the township for temporary use
as a Dwelling or otherwise unless and until a location permit first has been obtained from the Zoning
Administrator.
(b) Application to Locate. A location permit must accompany an application to Locate a Mobile Home
within the township on a temporary basis. A fee will be charged for the permit in an amount that is
consistent with fees charged for the construction of a Structure of similar interior square footage.
(c) Plot plan. With the application for a location permit, a plot plan shall be filed, to scale, showing the
dimensions and the grade of the Parcel of land or Lot and showing the location of the home on such
Parcel or Lot, including the location of nonconnected Structures, outbuildings and any additions to the
Mobile Home.
(d) Intended Use. A statement of the intended Use of the Mobile Home must accompany the
application for a permit, which intended Use must conform to Uses allowed in the subject zoned district.
(e) Size and Setback requirements. The Zoning Administrator may waive the minimum Lot size and
the frontage and Setback requirements of the particular zoned district if the Mobile Home is placed as a
temporary residential Use.
(f) County health permit. A permit from the county health department as to the proposed sanitary
waste disposal facility and potable water supply must accompany the application.
(g) Building code certificate. A certificate stating that the Mobile Home meets the then-current Building
standards of the U.S. Department of Housing and Urban Development (HUD) or any successor
governmental agency must accompany the application for the location permit.
(h) Occupancy permit. No Mobile Home Located on a temporary basis may be occupied unless and
until inspected and approved by the building inspector. Following such inspection and approval, the
building official will issue an occupancy permit if all of the requirements set forth in this section have
been met and if the Mobile Home is connected to all necessary utilities for water, heat, light and
sanitary waste disposal.
(i) Additional requirements. No Mobile Home may be Located in the township on a temporary basis
unless the requirements of section 40-648 are met.
(Ord. No. 39, § 3.62, 5-20-1987; Ord. No. 51, § 5, 6-15-1994)
Sec. 40-656. - Condemnation/abatement of Buildings, Structures or Uses.
(a) Should any Building or Structure within the township become run-down or dilapidated to the point
that it threatens public or private health, safety or welfare or poses a threat to life or property or if any
Use of property within the township threatens the public health, safety or welfare or poses a threat to
life or property or is a Nuisance and/or has a negative impact on the value and/or enjoyment of
surrounding property; then the Zoning Administrator may summon the owner and/or occupant of such
Building, Structure or property or an authorized representative to appear before the Planning
Commission at its next regular meeting or at a special meeting called for that purpose to show cause
why such Building or Structure should not be ordered to be repaired or demolished or why such Use
Page 311 of 415
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should not be ordered to be abated.
(b) Notice to the property owner is to be by certified mail or by personal service and to the Planning
Commission members by first class mail not less than 15 or more than 45 days prior to the meeting at
which the Planning Commission shall consider the matter, and such notice shall include the location of
the property and the specifics of the complaint.
(c) After affording the owner and/or occupant or an authorized representative an opportunity to
address the complaint, the Planning Commission may permit the alleged infraction to continue for a
designated period of time or require that specific real measures be taken within a certain period of time
or recommend to the township board that the Building, Structure or Use be declared a Nuisance Per Se
and be dealt with in accordance with section 40-41
(d) The owner of the property and/or occupant or an authorized representative shall be notified in
writing of the Planning Commission's decision within ten business days following the last meeting that
the Planning Commission holds to consider the complaint.
(e) Nothing in this chapter shall be construed to limit any of the township's rights and authority under
Public Act No. 144 of 1992 (MCL 125.539 et seq.).
(Ord. No. 39, § 3.64, 5-20-1987; Ord. No. 43, § 7, 1-18-1989; Ord. No. 51, § 6, 6-15-1994)
(a) If any decision of the Zoning Administrator, Zoning Board of Appeals or Planning Commission is
appealed as permitted in this chapter, the activity or Use which is the subject matter of the decision
appealed from shall not commence or be continued unless permitted by the board, commission or court
to which the appeal is made so as to protect the public health, safety or welfare.
(b) The building official and/or the Zoning Administrator may certify to the board, commission or court
to which the appeal is made that a stay of the activity or Use would cause imminent peril to life or
property or would be detrimental to the public health, safety or welfare. In such case, such activity or
Use may be allowed to continue for the duration of the appeal by the board, commission or court to
which the appeal is made after appropriate notice to the building official, Zoning Administrator, applicant
and other parties that might directly be affected by the activity or Use.
(c) If necessary to eliminate a real danger to persons or property or to remove or abate a danger to
the public health, safety or welfare, the building official may authorize such additional work as might be
required to eliminate or reduce such risk, and the Zoning Administrator may authorize the continuance
of the Use for such a period of time as the Zoning Administrator deems appropriate to reduce or
eliminate such risk.
(Ord. No. 39, § 3.66, 5-20-1987)
Sec. 40-658. - Private Roads.
(a) [Authorization.] Any new or unplatted Private Road may only be constructed if authorized by the
Zoning Administrator. Before granting such authorization, the Zoning Administrator shall require
compliance with the factors listed in this section.
(b) [Easement required.] The owner of the property over which the Private Road shall be constructed
must record an easement dedicated for ingress and egress purposes directly to and from a Street for
Page 312 of 415
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the benefit of the owners and users of the Lots or Parcels served by the Private Road, as well as for the
construction, maintenance and repair, including reconstruction, of utilities. The easement shall benefit
the Lots or Parcels fronting the Private Road, as well as each utility company or municipality providing
utility or emergency services in the vicinity of the Private Road. The easement shall have at least 66
feet of frontage on the Street, and the easement shall maintain a minimum width of 66 feet for its entire
length. However, an easement serving four or fewer Lots or Parcels must have only 33 feet of frontage
on the Street, and the easement shall maintain a minimum width of 33 feet for its entire length. In the
interests of environmental protection and maintaining the rural character of the Township, the Zoning
Administrator encourages the preservation of significant unique and/or mature vegetation. The Zoning
Administrator may, upon a finding of significant unique and/or mature vegetation, require that the paved
or covered surface as well as all public utilities be contained within a narrower width than the required
easement width. Prior to making such a determination the Zoning Administrator may require the
identification and location of trees within the proposed easement and at his/her discretion may require
the preservation of all or some of those trees located outside the area containing the paved or covered
surface and all public utilities, while ensuring that safe travel can take place on the Private Road.
(c) [Criteria.] In making a finding of significant unique and/or mature vegetation, the Zoning
Administrator shall consider the following criteria:
(1) Unique vegetation shall be defined as unique or rare canopy or understory species
indigenous to the area. Unique species may include trees on the following list, and/or others
deemed indigenous to the area:
Native Michigan Trees Significant to Saugatuck Township Area
Scientific Name
C
o
m
m
o
n
N
a
m
e
1
.
2
.
3
.
4
.
5
.
6
.
Acer nigrum
Black maple
Acer pensylvanicum
Striped maple / Moosewood
Amelanchier arborea
Serviceberry / shadbush /Juneberry
Betula alleghaniensis
Yellow birch
Betula papyrifera
Paper birch
Carpinus caroliniana
Musclewood / Hornbeam
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7
.
8
.
9
.
1
0
.
1
1
Carya cordiformis
Bitternut hickory
Carya glabra
Pignut hickory
Carya ovata
Shagbark hickory
Cercis canadensis
Eastern redbud
Cornus alternifolia
Alternate-leaf dogwood
1 Cornus amomum
2
Silky dogwood
1 Cornus florida
3
Flowering dogwood
1 Cornus racemosa
4
Gray dogwood
1 Cornus stolinifera
5
Red-osier dogwood
1 Crataegus sp.
6
Hawthorn
1 Fagus grandifolia
7
American beech
1 Fraxinus americana
8
White ash
1 Gleditsia triacanthos
9
Honeylocust
2 Juglans cinerea
0
Butternut
2 Juglans nigra
1
Black Walnut
2 Juniperus virginiana
2
Eastern Red cedar
2 Larix larcinia
3
Tamarack / Eastern larch
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2 Liriodendron tulipifera
4
Tulip tree / Yellow-poplar /
2 Nyssa sylvatica
5
Tupelo / black gum
2 Ostrya virginiana
6
Eastern hophornbeam / Ironwood
2 Picea glauca
7
White spruce
2 Pinus resinosa
8
Red pine
2 Pinus strobus
9
Eastern white pine
3 Platanus occidentalis
0
Sycamore
3 Populus tremuloides
1
Quaking aspen
3 Prunus serotina
2
Black cherry
3 Quercus alba
3
White oak
3 Quercus bicolor
4
Swamp white oak
3 Quercus rubra
5
Red oak
3 Quercus veluntina
6
Black oak
3 Thuja occidentalis
7
Northern white cedar
3 Tilia americana
8
American basswood
3 Ulmus americana
9
American elm
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4 Ulmus rubra
0
Slippery elm
Source—MSU Agricultural Extension Document
www.msu.edu/user/linnellw/Michtree.htm
Edited by Don Olendorf
(2) Mature vegetation shall be defined as any tree in excess of six inches diameter at breast
height (i.e., four and one-half feet above ground level).
(d) [Paving of Private Roads.] Except as otherwise specifically provided in this section, Private Roads
(serving five or more Lots or Parcels) must be paved. They will be constructed according to county road
commission surface material requirements and specifications for Streets, plus the requirements for
cul-de-sacs if applicable. Private Roads (serving four or fewer Lots or Parcels) need not be paved, but
they must at least have six inches of MDOT 22A specification aggregate upon a compacted base. The
width that is either paved or covered with MDOT 22A specification aggregate shall be 20 feet for its
entire length, unless otherwise authorized by the Zoning Administrator per subsection (b) above.
(e) Second Means of Access. A Private Road or interconnected Private Road system shall not serve
more than 30 Dwelling Units unless a second means of access is provided and regularly maintained for
those Dwelling Units to allow ingress and egress of emergency vehicles according to applicable fire
code standards.
If a Private Road or interconnected Private Road system serves more than 50 Dwelling Units the
Planning Commission may also require two or more means of access which meet the minimum
standards in this chapter for Private Roads in order to ensure adequate emergency access and to allow
for more efficient and even distribution of traffic within a subdivision or condominium or other
development.
In considering whether to require two or more means of access, meeting the minimum Private Road
standards of this chapter, for a subdivision, condominium or other development, the Planning
Commission shall consider the following:
(1)
The number of Lots and Dwelling Units within the proposed development;
(2) The likelihood and timing that the development will have a Street or Private Road connection
to a future platted subdivision or condominium development or other development which may
provide for another access point;
(3) The length of the proposed Private Road or Private Road system within the development and
another adjacent development;
(4)
The design and layout of the proposed Private Road or Private Road system; and
(5) Anticipated traffic volumes at the proposed Street or Private Road intersections. Intersections
where Motor Vehicle trips are expected to exceed 600 per day will be discouraged. Calming
elements such as berming and tree plantings may be required to reduce noise impacts.
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(f) [Joint maintenance and easement agreement.] A joint maintenance and easement agreement
shall be recorded in the office for the county register of deeds providing for the perpetual private
(nonpublic) maintenance of the Private Road to a necessary and reasonable standard to serve the
several interests involved. The following items shall be included in the joint maintenance and easement
agreement:
(1) Financing Improvement and/or maintenance. A method of initiating and financing of such
Improvement and/or maintenance of the Private Road as is necessary to keep it in a reasonably
good and usable condition;
(2) Method of apportioning costs. A workable method of apportioning the cost of Improvement
and/or maintenance of the Private Road, together with a method to enforce payment by providing
that any amount remaining unpaid by the owner of a Lot or Parcel fronting the Private Road shall
become a lien against such Lot or Parcel;
(3) Township's option to improve and/or maintain. A procedure whereby the Township may, in its
discretion but without obligation, improve and/or maintain the Private Road and assess the cost
thereof to the owners of Lots or Parcels fronting the Private Road in a reasonably proportionate
manner without the need for any additional petition for such Improvements and/or maintenance
from the owners of such Lots or Parcels;
(4) Noninterference provision. A provision that the owner of each Lot or Parcel using the Private
Road shall not prohibit, restrict, limit or in any way interfere with normal ingress and egress and
other use of the Private Road by the owners of the remaining Lots or Parcels fronting the Private
Road, including Family members, guests, trades people and others with legitimate purposes who
are traveling to or returning from any of the Lots or Parcels fronting the Private Road; and
(5) Indemnity provision. A provision that all of the owners of Lots or Parcels fronting the Private
Road shall indemnify the township from any liability whatsoever arising from the purchasing,
planning, construction, inspecting, repairing, maintaining, using and dedicating of the Private
Road.
(g) [Compliance with zoning regulations.] All Lots or Parcels fronting a Private Road must meet the
requirements for the zoned district in which they exist. Compliance with the applicable area regulations
and frontage requirements shall be determined as if the Private Road were a Street.
(h) [County road commission standards.] Each Private Road shall have a name and a Street Sign
consistent with county road commission standards. A location map of the Private Road and its name
shall be submitted to the township fire department, county sheriff's department, and any other
emergency service organization serving the township.
(i) [Stop Signs.] Each Private Road shall have a stop Sign which requires all traffic to stop before
exiting the Private Road and entering the Street upon which the Private Road fronts.
(j) [Construction plans; site plan.] Before any construction of a Private Road may be commenced, the
applicant must submit to the Zoning Administrator all of the written information required by the terms of
this section, specifically including without limitation detailed construction plans and a site plan. If the
Zoning Administrator approves or approves with conditions the request for the Private Road, a
preliminary Private Road permit shall be issued to the applicant; thereafter construction of the Private
Road may commence.
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(k) [Private Road permit.] No Certificate of Use or Occupancy permit shall be issued for Lots or
Parcels which front the Private Road and which do not have the otherwise required amount of frontage
on a Street, until and unless a final Private Road permit is issued to the applicant. A final Private Road
permit shall not be issued until the Private Road has been constructed and inspected and thereafter
certified by the township as in compliance with the requirements of this section and with all
documentation submitted by the applicant pursuant to this section. The applicant shall pay any
inspection fees charged by the township relative to the Private Road. In addition, a final Private Road
permit shall not be issued until the applicant has obtained all other permits required, specifically
including without limitation any and all state and county permits.
(l) [Performance guarantee.] After receiving a preliminary Private Road permit, but before beginning
construction of the Private Road, the applicant shall provide the township with a performance guarantee
covering the estimated cost of the Private Road. The performance guarantee shall consist of a cash
deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the township.
(Ord. No. 51, § 7, 6-15-1994; Ord. No. 64, 12-4-1996; Ord. No. 2006-02, § 13, 5-3-2006)
Sec. 40-659. - Single-Family Dwellings.
Any Single-Family Dwelling erected on site, a Mobile Home, or a premanufactured or precut Structure
shall be permitted in the appropriate zoned districts only if in conformance with all of the following
requirements:
(1)
A Mobile Home must either be:
a. New and certified by the manufacturer and/or appropriate inspection agency as meeting
the Mobile Home Construction and Safety Standards of the Department of Housing and
Urban Development, as amended, or any similar successor or replacement standards which
may be promulgated; or
b. Used and certified by the manufacturer and/or appropriate inspection agency as
meeting the standards referenced in subsection (1)a of this section and found, on inspection
by the building inspector, to be in excellent condition and safe and fit for residential
occupancy.
(2) The Dwelling shall comply with all township building, electrical, plumbing, fire, energy and
other applicable codes. However, where a Dwelling is required by law to comply with any federal
or state standards or regulations for construction and where such standards or regulations for
construction are different than those imposed by township codes, in such event such federal or
state standard or regulation shall apply. Appropriate evidence of compliance with such standards
or regulations shall be provided to the township building inspector.
(3) The Dwelling shall comply with all restrictions and requirements of this chapter, including
without limitation Floor Area, Yard requirements and Lot Area for the zoned district within which it
is located.
(4) If the Dwelling is a Mobile Home, the Mobile Home shall be installed with the wheels
removed.
(5) The Dwelling shall be firmly attached to a permanent continuous foundation constructed on
the Building site, such foundation to have a wall of the same perimeter dimensions as the Dwelling
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and to be constructed of such materials and type as required by the township building code for
on-site-constructed Single-Family Dwellings. If the Dwelling is a Mobile Home, its foundation shall
hide the chassis, undercarriage and towing mechanism.
(6) If the Dwelling is a Mobile Home, the Mobile Home shall be installed pursuant to the
manufacturer's setup instructions and shall be secured to the Building site by an anchoring system
or device complying with the rules and regulations, as amended, of the appropriate state agency
or any similar or successor agency having regulatory responsibility for Mobile Home Parks.
(7)
The Dwelling shall have a maximum length-to-width ratio of three to one.
(8)
The Dwelling shall have a minimum width across any front, side or rear elevation of 24 feet.
(9) Storage areas totaling no less than 120 square feet shall be provided. These storage areas
may consist of a Basement, closet area, attic and/or a separate Accessory Building whose
construction is of equal or better quality to that of the Dwelling and which is in compliance with all
other applicable sections of this chapter pertaining to Accessory Buildings.
(10) The Dwelling shall be constructed with construction materials of consistent quality. The
Dwelling shall contain no additions, rooms or other areas which are not constructed with similar
quality workmanship as the original Structure, including permanent attachment to the principal
Structure and construction of a foundation as required by this section.
(11) Permanently attached steps or porch areas at least three feet in width shall be provided
where there is an elevation differential greater than eight inches between the Dwelling first floor
and ground level.
(12) Private Garages or carports are permitted, provided their construction is of equal or better
quality to that of the Dwelling, architecturally compatible with the Dwelling, and in conformance
with all other requirements of this chapter.
(13) The pitch of the main roof of the Dwelling shall not be less than 2½ feet of rise for each 12
feet of horizontal run. There shall be a roof overhang of not less than eight inches, excluding its
gable ends.
(14) The exterior finish of the Dwelling shall not cause a reflection that is greater than that from
siding coated with clean, white, gloss, exterior enamel.
(15) The Dwelling shall be so located on the Lot or Parcel on which it is placed that the portions
nearest the principal Street frontage are at least 34 feet in total dimension parallel to the Street.
(16) The Dwelling shall have no less than two exterior doors, with the second one being in either
the rear or the side of the Dwelling.
(Ord. No. 51, § 8, 6-15-1994)
Sec. 40-660. - State-licensed residential facilities.
Notwithstanding any other section in this chapter, a state-licensed residential facility shall be
considered a residential Use of property and a permitted Use in all residential zones, including those
zoned for Single-Family Dwellings, when required by the Zoning Act.
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(Ord. No. 2007-01, § 9, 3-7-2007)
Sec. 40-661. - Day Care Homes.
(a) Notwithstanding any other section of this chapter, a Family Day Care Home shall be considered a
residential Use in all residential zones, including those zoned for Single-Family Dwellings, when
required by the Zoning Act.
(b) Notwithstanding any other section of this chapter, a Group Day Care Home shall be issued a
Special Approval Use permit if it meets the standards of the Zoning Act.
(Ord. No. 2007-01, § 10, 3-7-2007)
Sec. 40-662. - Building design and architectural standards for specified Uses.
In any zoning district, Commercial (retail and service Uses), office, institutional, and Industrial Uses
shall utilize quality architecture to ensure a Building is compatible with surrounding Uses, protects the
investment of adjacent landowners, blends harmoniously with the natural features and promotes a high
quality image to those traveling through the township. In addition, the intent of this section is to
establish greater communication between the developer and the Planning Commission regarding
Building design.
(a) Informal architectural review. Prior to the submission of an application for site plan approval
for any Commercial (retail and service Uses), office, institutional, or Industrial Use and prior to
preparation of detailed design drawings, the applicant and the applicant's design professionals
shall present architectural concepts and alternatives for an informal review with the Planning
Commission to receive comments on compliance with these guidelines. This may include
sketches, photographs, or other graphic materials.
(b) Formal architectural review; Commercial, office, and institutional Uses design criteria. As part
of the formal site plan review process, the architecture of Commercial, office, and institutional
buildings shall be reviewed by the Planning Commission. During such time architectural and
Building elevation drawings must be prepared and submitted showing compliance with the
standards and guidelines of this under the following criteria.
1. Buildings shall possess architectural variety, a uniqueness of design that favors
residential aspects, modest and vernacular styles that blend with the natural forested setting
typical of the rural township. Applicants are encouraged to research the local architecture of
the Tri Community area through publications such as "How To, Builders and Owners Guide,"
published by the Saugatuck-Douglas Historical Society and "Raising the Roof" by James
Schmiechen and other publications that may, by resolution, be established or approved by
the Planning Commission and maintained by the Zoning Administrator as guidelines or
examples of acceptable architecture.
2. A minimum of 80 percent of the exterior finish material of all Building facades (excluding
the roof) visible from a Street, Private Road, Parking Lot or adjacent residentially zoned land,
exclusive of window areas, shall consist of wood, split or natural face stone, brick or
architectural block. Any other Building material not specifically listed may be reviewed and
approved by the Planning Commission if the material is compatible with the design intent of
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this chapter, protects the investment of adjacent landowners, blends harmoniously with
natural features and promotes a high quality image to those traveling through the township.
3. Front Building facades shall provide a minimum of 15 percent glass windows but shall
not exceed 60 percent glass per 12 feet of vertical wall. Glass areas exceeding 36 square
feet shall be separated by wood or other materials of architectural interest, integral with the
design of the Building. Calculations are exclusive of the roof area.
4. Building materials and colors shall be related and harmonious with the rural character of
the township.
5. Roof shape shall be pitched with no less than 5/12 slope and materials shall be
architecturally compatible with the intent of this chapter. Subtle colors shall be used for
roofing material. Metal roofs shall only be permitted if compatible with the overall character of
the Building, and architectural elements are used to significantly reduce the roof mass when
viewed from a Street.
6. Buildings shall provide appropriate architectural features, details, and ornaments such
as archways, colonnades, cornices or peaked rooflines.
7. Facades greater than 80 feet in length, measured horizontally, shall incorporate wall
plane projections or recesses having a depth of at least four percent of the length of the
facade and extending at least 20 percent of the length of the facade. No uninterrupted length
of any facade shall exceed 80 horizontal feet.
8. Facades that face a Street shall have a variety of varying rooflines, varying Building
lines, recesses, projections, wall insets, arcades, windows, architectural accents, bands of
complementary Building materials similar to the front facade of the Building along no less
than 60 percent of their horizontal length.
9. Building entrances shall utilize windows, canopies, and/or awnings. They shall provide
unity of scale, texture, and color, and they shall provide a sense of place.
10. Rooftop equipment shall be illustrated on the plans, and shall be screened from view by
parapet walls or other architectural elements that complement the overall Building design.
11. All facades of a Building, visible to residentially zoned properties and/or Streets, shall
have a pleasing and residential scale and shall encourage community integration by featuring
characteristics similar to the front facade.
12. Any interior play place associated with a Restaurant, or lodging facility shall be
designed in accordance with the above standards.
13. Overhead canopies for Automobile Service Stations or other Uses shall be designed to
be compatible with the architectural characteristics of the principal Building such as peaked
roofs, shingles, support structures that match or simulate materials of the principal Building,
lighting fixtures fully recessed into the canopy, and neutral colors.
14. Neon lights must be shown on the plans and found to be complementary to the overall
design of the Building and approved as part of the site plan approval. Neon lights proposed
to be used as an architectural detail shall be indicated on the Building elevation and must be
specifically found to be compatible with surrounding properties by the Planning Commission.
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(c) Formal architectural review; Industrial Uses design criteria. As part of the formal site plan review
process, the architecture of Industrial Buildings shall be reviewed by the Planning Commission. During
such time architectural and Building elevation drawings must be prepared and submitted showing
compliance with the standards and guidelines of this section under the following criteria.
(1) A minimum of 50 percent of the exterior finish material of all front Building facades (excluding
the roof) visible from a Street, Parking Lot or adjacent residentially zoned land, exclusive of
window areas, shall consist of brick, cut stone, split face block, fluted block, scored block, native
field stone, cast stone, EIFS materials, or wood. Any other block or Building material not
specifically listed may be reviewed and approved by the Planning Commission if the material is
compatible with surrounding Uses, protects the investment of adjacent landowners, blends
harmoniously with the natural features and promotes a high quality image to those traveling
through the township.
(2) Building walls over 100 feet in length shall be broken up with items such as varying rooflines,
varying Building lines, recesses, projections, wall insets, arcades, windows, architectural accents,
bands of complementary Building materials and trees. The Planning Commission may waive this
requirement for walls that are effectively screened from view by other Buildings, landscaping or
woodlands.
(Ord. No. 2006-02, § 22, 5-3-2006)
Secs. 40-663—40-690. - Reserved.
ARTICLE VI. - SPECIAL APPROVAL USES [47]
(47)
State Law reference— Special land uses, MCL 125.286b.
Sec. 40-692. - Application procedures.
Sec. 40-693. - Basis of determination.
Sec. 40-694. - Existing special situations.
Sec. 40-695. - Uses requiring special approval.
Secs. 40-696—40-720. - Reserved.
Special Approval Uses are those Uses of land which are not essentially incompatible with Uses
permitted in a given zoned district, but which possess characteristics or locational qualities which may
create adverse traffic, parking, noise, vibration, smoke, fume or glare consequences and which may
further require individual review and discretion in order to avoid incompatibility with the character of the
surrounding area, public services and facilities, and adjacent Uses of land. The purpose of this article is
to establish equitable procedures and criteria which shall be applied in the determination of requests to
establish Special Approval Uses. The criteria for decision and requirements provided for under this
article shall be in addition to those required elsewhere in this chapter which are applicable to the
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Special Approval Use under consideration. See article VII of this chapter for specific regulations
applicable to certain Special Approval Uses and see section 40-590 for those Special Approval Uses
permitted and upon what conditions in the floodplain overlay district.
(Ord. No. 39, § 6.00, 5-20-1987)
An application for permission to establish a Special Approval Use shall be submitted and acted upon in
accordance with the following procedures:
(1) Application. Applications for a Special Approval Use shall be submitted to the Zoning
Administrator who shall review the application for completeness. If the application is not complete,
the Zoning Administrator shall return the application to the applicant to be completed. When
completed, the application shall be transmitted to the Planning Commission.
a. Each application shall be accompanied by the payment of a fee in accordance with the
schedule of fees adopted by the township board to cover the costs of processing the
application.
b. An applicant for the construction, development or expansion of a Mobile Home Park
shall submit a preliminary plan to the Planning Commission for preliminary approval as
required by section 11 of the mobile home commission act, Public Act No. 96 of 1987 (MCL
125.2311). The Planning Commission's authority is limited to approval, with or without
modification, or disapproval of such preliminary plan. Any action on the application by the
Planning Commission shall be submitted to the appropriate state agency.
(2) Required information. An application for a Special Approval Use permit shall be accompanied
by the following documents and information:
a. A Special Approval Use application form supplied by the Zoning Administrator which
has been completed in full by the applicant.
b. A site plan, Building or Structure plans, specifications and other data required as set
forth in the application.
c.
A statement with regard to compliance with the standards required for approval, as set
forth in section 40-693, and other criteria imposed by this chapter affecting the Special
Approval Use under consideration.
(3) Public Hearing. After receiving an application for a Special Approval Use, the Planning
Commission shall hold a public hearing for the purpose of receiving comments relative to the
Special Approval Use application. The public hearing shall be noticed in the manner required by
law.
(Ord. No. 39, § 6.02, 5-20-1987; Ord. No. 51, § 22, 6-15-1994; Ord. No. 2007-01, § 11, 3-7-2007)
Sec. 40-693. - Basis of determination.
(a) Compliance with standards. Prior to approval of a Special Approval Use application, the 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
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Approval Use under consideration.
(b) General standards. The Planning Commission shall review the particular circumstances of the
Special Approval Use application under consideration in terms of the following standards and shall
approve a Special Approval Use only upon a finding of compliance with each of the following standards,
as well as applicable standards established elsewhere in this chapter:
(1) The Special Approval Use shall be designed, constructed, operated, and maintained in a
manner harmonious with the character of adjacent property and the surrounding area.
(2)
The Special Approval Use shall not change the essential character of the surrounding area.
(3) The Special Approval Use shall not be hazardous to adjacent property or involve Uses,
activities, materials or equipment which will be detrimental to the health, safety, or welfare of the
persons or property by traffic, parking requirements, noise, vibration, smoke, fumes or glare.
(4) The Special Approval Use shall not place demands on public services and facilities in excess
of capacity.
(c) Conditions. The Planning Commission may impose conditions on a Special Approval Use which
are necessary to ensure compliance with the standards for approval stated in this section and any other
applicable standards contained in this chapter. Such conditions shall be considered an integral part of
the Special Approval Use application and shall be enforced by the Zoning Administrator. The Planning
Commission shall have the right to limit the duration of a Special Approval Use where the duration is of
a temporary nature and may reserve the right of annual review of compliance with the conditions and
limitations imposed upon such Use. Any Use failing to comply with such conditions and limitations may
be terminated by action of the Planning Commission after a hearing upon application of any aggrieved
party, including the Zoning Administrator. Any property which is the subject of a Special Approval Use
permit which has not been used for the purposes for which such special approval was granted for a
period of six consecutive months without acceptable just cause beyond the control of the owner being
shown to the Planning Commission shall thereafter be required to be used only for permissible Uses as
set forth in the particular zoning classification, and the permit for such Special Approval Use shall
thereupon terminate.
(Ord. No. 39, § 6.04, 5-20-1987)
Use of land and/or development projects granted special approval status by the township prior to the
adoption of the ordinance from which this chapter derives may continue such status, provided the rules,
regulations, requirements, and conditions of the Special Approval Use are met; however, such Use
shall not be deemed Nonconforming.
(Ord. No. 39, § 6.06, 5-20-1987)
Sec. 40-695. - Uses requiring special approval.
Uses requiring special approval shall be as follows:
(1)
See section 40-1046 for Uses requiring special approval in any given zoned district.
(2)
Buildings having more than 100,000 square feet of Floor Area.
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(3) Other Uses not specifically permitted or prohibited which may be compatible with permitted
Uses in any given zoned district.
(Ord. No. 39, § 6.08, 5-20-1987)
Secs. 40-696—40-720. - Reserved.
ARTICLE VII. - GENERAL SITE STANDARDS AND SPECIFIC REGULATIONS
APPLICABLE TO CERTAIN PERMITTED OR SPECIAL APPROVAL LAND USES
Sec. 40-721. - General design standards.
Sec. 40-722. - Drive-in theaters, racetracks, golf driving ranges, miniature golf courses.
Sec. 40-723. - Hotels, Motels and motor courts.
Sec. 40-724. - Drive-In Restaurants.
Sec. 40-725. - Child care centers, nursery schools and day nurseries.
Sec. 40-726. - Hospitals.
Sec. 40-727. - Mortuaries and funeral homes.
Sec. 40-728. - Bowling alleys, indoor tennis courts, indoor skating rinks and indoor theaters.
Sec. 40-729. - Animal hospitals.
Sec. 40-730. - Automobile Service Stations.
Sec. 40-731. - Kennels for dogs.
Sec. 40-732. - Golf courses.
Sec. 40-733. - Vehicle wash establishments.
Sec. 40-734. - Private clubs and lodges.
Sec. 40-735. - Housing and keeping of livestock.
Sec. 40-736. - Amusement Parks.
Sec. 40-737. - Campgrounds, Travel Trailer parks and Recreational Vehicle parks.
Sec. 40-738. - Junkyards; Salvage Yards.
Sec. 40-739. - Incinerators and sanitary landfills.
Sec. 40-740. - Soil pits, sand mines and quarries.
Sec. 40-741. - Mobile Home Parks, Seasonal Mobile Home Parks and Mobile Home Park Condominiums.
Sec. 40-742. - Special Approval Uses and conditions for floodplain overlay district.
Sec. 40-744. - Truck Stops.
Secs. 40-745—40-770. - Reserved.
Sec. 40-721. - General design standards.
Permitted Uses and Special Approval Uses shall be subject to the requirements of that zoned district in
which such Uses and Structures are located, in addition to other applicable conditions, standards and
regulations regarding site design, development and use stated as provided in this article unless, in the
case of Special Approval Uses or Planned Unit Developments, this chapter, or the Planning
Commission, provides otherwise.
(Ord. No. 39, § 7.00, 5-20-1987)
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Sec. 40-722. - Drive-in theaters, racetracks, golf driving ranges, miniature golf courses.
The following apply to drive-in theaters, racetracks, golf driving ranges and miniature golf courses:
(1) Local traffic movement shall be accommodated within the site so that entering and exiting
vehicles will make normal and uncomplicated movements into or out of the Street.
(2) All points of entrance or exit for Motor Vehicles shall be located no closer than 100 feet from
the intersection of any two Streets.
(3) All vehicles shall have clear vertical and horizontal sight distance approaching a Street within
100 feet of the Street for a sight distance of 300 feet in either direction along the Street.
(4) Acceleration and deceleration lanes may be required at points of ingress and egress to the
site. Left turns at entrances and exits should be prohibited on a major thoroughfare where
possible.
(5) Whenever any Use that may be permitted in this section abuts property within a residential or
agricultural district, a buffer strip at least 100 feet in width shall be provided between all operations
and Structures and the residential or agricultural property. Grass, plant materials, and screening of
a type approved by the Planning Commission shall be placed within such buffer strip.
(6) A minimum Front Yard of 100 feet shall separate all Uses, operations, and Structures from
the right-of-way line of any Street or Private Road used for access or exit purposes. This Yard
shall be landscaped in accordance with plans approved by the Planning Commission.
(7) Racetracks and drive-in theaters shall be enclosed for the full periphery around the entire
operational site, except for clear vision areas, with a solid screen fence at least six feet in height.
Fences shall be of sound construction, painted or otherwise attractively finished.
(8) Drive-in theater picture screens shall not be permitted to face those Streets closest to the
Parcel on which located. The picture screen shall not exceed 65 feet in height.
(Ord. No. 39, § 7.02, 5-20-1987)
Sec. 40-723. - Hotels, Motels and motor courts.
The following apply to Hotels, Motels and motor courts:
(1) Public access to the principal business shall be located so as not to conflict with access to
adjacent Uses or not adversely affect traffic flow on adjacent Streets.
(2) Where the Front Yard is used to provide access, a 25-foot-wide greenbelt shall be provided
along the front property line, except for drive openings.
(3)
Each guest unit shall contain a minimum of 180 square feet of Floor Area.
(4) A minimum Lot Area of 40,000 square feet is required together with a minimum Lot Width of
150 feet.
(5) When located within 100 feet of a residential zoned district, a privacy wall or fence, four to six
feet in height, shall be erected on the common property line, plus a greenbelt ten feet in width
planted and parallel to and inside of such wall or fence.
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(Ord. No. 39, § 7.04, 5-20-1987)
Sec. 40-724. - Drive-In Restaurants.
The following apply to Drive-In Restaurants:
(1) The main and Accessory Buildings shall be set back a minimum of 60 feet from any adjacent
right-of-way line or residential property line.
(2) Public access to the site shall be located no closer than 75 feet to any intersection of Streets
as measured from the nearest right-of-way line to the nearest edge of such access.
(3) A six-foot-high privacy wall or fence shall be provided if located within 100 feet of a Dwelling
or of a residential zoned district.
(Ord. No. 39, § 7.06, 5-20-1987)
Sec. 40-725. - Child care centers, nursery schools and day nurseries.
The following apply to child care centers, nursery schools and day nurseries:
(1)
No dormitory facilities are permitted.
(2)
All appropriate licenses and standards shall be met.
(3)
The outdoor play area shall be completely fenced in for the safety of the children.
(Ord. No. 39, § 7.08, 5-20-1987)
Sec. 40-726. - Hospitals.
The following apply to hospitals:
(1)
Parking for guests, patients, employees and staff shall be contained on the site.
(2)
The minimum main Building Setback shall be 100 feet.
(3) Ambulance and emergency entrance areas shall be visually screened from the view of
adjacent residential Uses by a Structure or by a masonry wall of six feet or more in height.
(4) No power plant or laundry shall be located nearer than 200 feet to any adjacent residential
Use.
(5)
No more than 35 percent of the gross site area shall be occupied by Buildings.
(Ord. No. 39, § 7.10, 5-20-1987)
Sec. 40-727. - Mortuaries and funeral homes.
The following apply to mortuaries and funeral homes:
(1)
Minimum Lot Area shall be one acre with a minimum width of 150 feet.
(2)
An off-Street vehicle assembly area shall be provided to be used in support of funeral
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procession activity. This area may include the required off-Street Parking Area or its related
maneuvering space.
(Ord. No. 39, § 7.12, 5-20-1987)
Sec. 40-728. - Bowling alleys, indoor tennis courts, indoor skating rinks and indoor theaters.
The following apply to bowling alleys, indoor tennis courts, indoor skating rinks and indoor theaters:
(1)
Public access to the site shall be located at least 75 feet from any intersection.
(2)
The main Building shall be located a minimum of 100 feet from any residential Use.
(Ord. No. 39, § 7.14, 5-20-1987)
Sec. 40-729. - Animal hospitals.
For animal hospitals, all Principal Use activities, including the boarding or keeping of animals, shall be
conducted within a totally enclosed Building.
(Ord. No. 39, § 7.18, 5-20-1987)
Sec. 40-730. - Automobile Service Stations.
The following apply to Automobile Service Stations:
(1) An Automobile Service Station existing on February 21, 2001, may continue but may not be
Altered so as to provide a lesser degree of conformity with this chapter. In addition, existing
Automobile Service Stations located within a zoned district other than the C-3 district may only be
expanded if the expansion is authorized as a Special Approval Use.
(2) Automobile Service Stations as defined in section 40-7 shall be required to be located within
the interstate transportation overlay district or as a Special Approval Use within the C-3 zoned
district.
(3) The minimum Lot Area shall be 120,000 square feet, and a minimum of 300 feet of Lot
frontage on a Street is required.
(4) Public sewer and water must be connected to the facility if it is available at the time of initial
construction. If one or both utilities becomes available at a later date, connection to the utility shall,
at that time, be required in fulfillment of the initial requirement.
(5) All developed and undeveloped property within 1,000 feet of any underground or
aboveground storage tank or fuel dispenser fuel dispensing area located on the site must be either
served by an existing public or certified private community water system or be immediately
adjacent to such a system. For properties where the water lines are immediately adjacent but
which are not served, the water system must physically and through assessment or other
agreement of record between the landowner and the water authority be capable of being
immediately extended to serve the property if required to be connected by the township or health
department.
(6) Minimum Setback for main Building. The minimum Front Yard Setback shall be 100 feet. A
Setback of not less than 30 feet is required from any Side Lot Line and 40 feet from any Rear Lot
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Line. Side and rear Setbacks shall be increased to 50 feet when the property abuts a residentially
zoned or used property.
(7) A Buffer Yard shall be provided between all property and right-of-way lines and any Parking
Lot, access roads, operation or Building Structure located on the site. Each Buffer Yard shall be
landscaped in accordance with the requirements for side, front, and rear Buffer Yards as outlined
in sections 40-877 and 40-878. The Planning Commission may, at the time of site plan review,
require the installation of decorative Privacy Fences and or walls up to six feet in height within the
required Buffer Yards in place of or in combination with required berms and vegetative screening.
Such requirement may be made where it is found by the Planning Commission, in its sole
discretion, that berms and plantings will not provide the degree of noise and Nuisance abatement
necessary to protect adjacent residentially used or zoned property.
(8) Minimum Setbacks for fuel dispensers. Fuel dispenser islands shall not be located closer
than 80 feet from any property line or Street or Private Road right-of-way.
(9) Minimum Setbacks for canopies over fuel dispenser. The Setbacks of roof edges or eaves for
canopies over fuel dispensers shall be no closer than 70 feet from any property or Street or
Private Road right-of-way line.
(10) Detached carwash, Restaurant or other companion or ancillary Buildings. The Setbacks for
such Buildings or other similar ancillary Buildings shall be the same as those of the main Building.
In no case shall ancillary Buildings extend out in front of the main Building.
(11) All Building facades shall be so designed to blend in harmoniously with the surrounding
neighborhood. The use of horizontal siding, stone or brick veneer is required.
(12) All Buildings must be oriented on the site so that service bay doors shall face away from the
principal Street or Private Road or any residential Use.
(13) Canopies shall be so designed to relate to the facade design of the main Building. In no case
shall the canopy extend beyond a height of 14 feet. The use of loudspeakers in the canopy area
for the broadcasting of music is prohibited.
(14) All trash dumpsters or oil recycling collection systems shall be located behind the main
Building or between the main Building and interior Side Yard behind the front facade. These
facilities shall be enclosed with a solid masonry wall six feet high with solid doors having sufficient
truck access for dumpster service.
(15) All exterior lighting, including Signs, shall be placed and hooded or recessed so as to
minimize the glare of such lights from view by adjacent properties. There shall be no flashing or
revolving lights.
(16) All repair work shall be done within the Building.
(17) The longterm storage of material, merchandise and equipment other than liquid fuel shall be
within the Building. The outdoor storage and display of incidental items for purposes of retail sale
on site may be permitted, provided that such temporary storage and display does not interfere with
clear vision, circulation, parking or pedestrian safety.
(18) All lubrication, repair and servicing of equipment other than for fueling and miscellaneous
Motor Vehicle servicing shall be within the Building.
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(19) The entire Lot, excluding the area occupied by a Building, used for vehicle parking and
maneuvering shall be paved with concrete or bituminous asphalt of such minimum thickness and
base as to support passenger vehicles and trucks and to minimize cracking. A raised curb of six
inches in height shall be constructed along the perimeter of all paved and landscaped areas. All
areas not paved or occupied by Buildings or Structures shall be landscaped.
(20) Outside storage or parking of disabled, wrecked, or partially dismantled vehicles for any
overnight period shall not exceed more than two vehicles awaiting repairs for each indoor repair
stall located within the premises, and in no event shall the outdoor storage or parking of any such
vehicle be permitted for a period exceeding five days.
(21) The sale or rental of cars, trucks, trailers, and any other vehicles or other open air sales on
the premises may be permitted only by approval of the Planning Commission as a Special
Approval Use.
(22) Parking requirements. The off-Street parking and vehicle stacking requirements for
Automobile Service Stations and companion or Accessory Uses are as follows:
a. One space for each employee based on the maximum number on the premises at one
time; plus
1.
One space for each set of two fuel dispensers.
2.
Two spaces for each service bay.
3. One space for each 250 square feet of Floor Area devoted to convenience retail
sales.
4.
One space for each two seats in an eating, dining, counter or fountain area.
5. Two spaces for each automatic carwash and one space for each two bays of a
manual carwash (minimum of one space).
b. Separate outdoor stacking spaces that do not block or interfere with maneuvering or
Parking Spaces serving other operations on the site shall be provided for each service bay
and drive-through facility as follows; stacking spaces shall be 25 feet in length and nine feet
in width:
1. One stacking space for each fuel dispenser in addition to the one space at each
dispenser.
2. Eight stacking spaces for each drive-through Restaurant window and each
automatic carwash entrance.
3. Two stacking spaces for each quick oil change or repair bay and each self-serve
carwash bay.
(23) Spill containment. In addition to the curbing requirements of subsection (19) of this section,
containment measures shall be engineered into all floor drains, parking surfaces and stormwater
collection systems to ensure that accidental spills or ruptures will not cause the contamination of
any surface water or groundwater source. Such measures must be down gradient of all fuel
dispensers, fuel transfer areas, bulk oil and lubricant storage areas and all truck or truck trailer
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Parking Areas where the parking of such vehicles transporting bulk or containerized liquids of any
type may occur. The Planning Commission may, at the time of site plan approval and for the
purpose of spill containment, require that certain hard-surfaced areas used for vehicle parking and
maneuvering be underlaid with impermeable fabric, be reinforced or be of added thickness.
(24) If a vehicle service station has been abandoned or not used as an Automobile Service
Station for a period of more than one year, any application to operate such premises as a vehicle
service station shall be considered as an application for a new vehicle service station.
(25) If a vehicle service station has been abandoned or not used as an Automobile Service
Station for a period of more than one year, all underground fuel storage tanks shall be removed
from the premises.
(Ord. No. 39, § 7.20, 5-20-1987; Ord. No. 88, art. XIII, 2-21-2001)
Sec. 40-731. - Kennels for dogs.
The following apply to Kennels for dogs:
(1) All dog Kennels shall be operated in conformance with applicable county and state
regulations.
(2)
For dog Kennels, the minimum Parcel size shall be two acres.
(3) Buildings wherein dogs are kept, or which include dog runs and/or exercise areas, shall not
be located closer than 50 feet to any adjacent Lot Line.
(Ord. No. 39, § 7.22, 5-20-1987)
Sec. 40-732. - Golf courses.
The following apply to golf courses:
(1) The main Building shall be set back at least 75 feet from all adjacent property and Street and
Private Road lines.
(2) Lighting shall be shielded to reduce glare and shall be so arranged and maintained as to
direct the light away from all residential lands which adjoin the site.
(3) Fairways and driving ranges and practice areas shall be so designed and located as to
reasonably prevent driven golf balls from flying, bouncing or running upon public Streets, Private
Roads, or driveways or upon adjacent properties.
(Ord. No. 39, § 7.24, 5-20-1987)
Sec. 40-733. - Vehicle wash establishments.
The following apply to vehicle wash establishments:
(1) Vehicle wash establishments that offer the retail sale of fuel shall comply with the provisions
of Automobile Service Stations.
(2)
All washing activities must be within a Building; one outside washing area shall be allowed
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for oversized vehicles.
(3)
Vacuuming activities, if outdoors, shall be at least 50 feet from any adjoining Lot Line.
(4) All washing activities shall be at least 75 feet from the Street or Private Road right-of-way
providing access to activities.
(5)
Sufficient on-site area shall be provided for vehicles waiting to be washed.
(Ord. No. 39, § 7.26, 5-20-1987)
Sec. 40-734. - Private clubs and lodges.
For private clubs and lodges, there shall be no externally visible evidence of a Commercial activity,
however incidental, except for the parking of Motor Vehicles.
(Ord. No. 39, § 7.28, 5-20-1987)
Sec. 40-735. - Housing and keeping of livestock.
The following apply to the housing and keeping of livestock:
(1) For the breeding, rearing, and housing of livestock, the minimum Lot size shall be ten acres.
For the keeping of horses for noncommercial Uses, the minimum Lot size shall be five acres.
(2) Any Building or Structure constructed for the purpose of housing livestock shall not be
located nearer than 60 feet to any adjacent property line and not nearer than 100 feet to any
Dwelling on adjacent property.
(3) Livestock shall be confined in a suitably fenced area or paddock, so as to preclude their
approaching closer than 100 feet to any existing Dwelling on adjacent premises.
(4) The housing, Building or Structure shall be so constructed and maintained so as to limit as
reasonably as possible odors, dust, noise or drainage.
(Ord. No. 39, § 7.30, 5-20-1987)
Sec. 40-736. - Amusement Parks.
The following apply to Amusement Parks:
(1)
The minimum Lot size shall be five acres.
(2)
All Structures shall be located not closer than 200 feet to any adjacent, existing Dwelling.
(3) The maximum area of Buildings and Structures shall be 25 percent of the Parcel of land upon
which located.
(4) Any amusement enterprises located within 500 feet of any adjacent Dwelling shall close at
10:00 p.m.
(5) The entire premises shall be surrounded by a six-foot chainlink fence or equivalent security
fencing at or near the boundary property lines.
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(Ord. No. 39, § 7.32, 5-20-1987)
Sec. 40-737. - Campgrounds, Travel Trailer parks and Recreational Vehicle parks.
The following apply to campgrounds, Travel Trailer parks and Recreational Vehicle parks:
(1)
Minimum park size shall be three acres.
(2) No Commercial enterprises shall be permitted to operate in the park, except that a
convenience goods shopping Building may be provided adjacent to the park and as close as
possible to the Street providing public access to the park.
(3) Sufficient dust-resistant vehicle Parking Areas for visitors of registered guests shall be
provided. A Parking Space for one vehicle shall be provided for each camping, Travel Trailer
and/or Recreational Vehicle site.
(4) Each camping, Travel Trailer and/or Recreational Vehicle site shall contain a minimum of
1,500 square feet. Each site shall be set back from any adjacent public or private right-of-way or
property line at least 75 feet.
(5) Each camping, Travel Trailer and/or Recreational Vehicle site shall have access to a
dust-resistant roadway which shall be at least ten feet in width for one-way traffic and at least 20
feet in width for two-way traffic. Parking shall not be allowed on any roadway.
(6) Any open drainageways must have seeded banks sloped at least 3:1 and designed to
properly drain all surface waters into the drain system, subject to approval by the drain
commission of the county.
(7) All sanitary facilities shall be designed and constructed in strict conformance to all applicable
county health regulations.
(8) The development of the entire Parcel is subject to all applicable statutes, rules and
regulations of the state and the county, including the requirements of the appropriate state
agency.
(9)
Fences and greenbelts may be required by the Planning Commission.
(Ord. No. 39, § 7.34, 5-20-1987)
Sec. 40-738. - Junkyards; Salvage Yards.
The following apply to Junkyards and Salvage Yards:
(1)
Minimum Lot size shall be five acres.
(2) The Setback from the Front Lot Line to the area upon which junk (salvage) materials are
stored shall be not less than 150 feet, and such storage area shall be screened from view around
the entire periphery of the site by a privacy wall or fence of not less than six feet nor more than
eight feet in height. Such wall or fence shall be of sound construction, painted or otherwise
finished and maintained in an attractive fashion.
(3) The area upon which junk (salvage) materials are stored, including the main and Accessory
Buildings, shall be located not closer than 500 feet to any public Building, church, hospital,
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sanitorium, convalescent home, day nursery or school, and not closer than 100 feet to any
residential or agricultural zoned district.
(4) All Structures related to Junkyards (Salvage Yards) shall be set back not less than 50 feet
from any adjacent Street, Private Road or property line. Such Setback area shall be planted with
trees, grass, and shrubs to minimize the visibility of the installation.
(5) No junk (salvage) materials shall be stored so as to be visible from outside of the perimeters
of the Parcel upon which the Junkyard (Salvage Yard) is maintained.
(Ord. No. 39, § 7.36, 5-20-1987)
Sec. 40-739. - Incinerators and sanitary landfills.
The following apply to incinerators and sanitary landfills:
(1) All Uses shall be established and maintained in accordance with all applicable state statutes.
If any of the requirements of this subsection are less strict than those of the state, the state
requirements shall prevail.
(2) When determined by the Planning Commission, all Uses shall be enclosed by a Privacy
Fence for the entire periphery of the property. Fences shall be adequate to both discourage
trespassing and contain debris.
(3) All areas within any single development shall be rehabilitated progressively as they are
worked out or abandoned so that they shall be entirely free of hazards, inconspicuous and blend
with the general surrounding ground form.
(4) The Planning Commission shall establish routes for truck movement in and out of the
development in order to minimize the wear on public Streets, minimize traffic hazards, and prevent
encroachment of traffic or the byproducts of traffic, such as dust and noise, upon adjacent
properties.
(5) All permitted installations shall be maintained in a neat, orderly condition so as to prevent
injury to property and individuals or to the community in general.
(Ord. No. 39, § 7.38, 5-20-1987)
Sec. 40-740. - Soil pits, sand mines and quarries.
The following apply to soil pits, sand mines and quarries:
(1) All Uses shall be established and maintained in accordance with all applicable state statutes
and regulations. If any of the requirements of this subsection are less strict than those in
applicable state statutes, the state requirements shall prevail.
(2) No fixed machinery shall be erected or maintained within 50 feet of any property or Street or
Private Road line. No cut or excavation shall be made closer than 50 feet to any Street or Private
Road right-of-way line or property line in order to ensure sublateral support to surrounding
property.
(3)
Where a Use is determined by the Planning Commission to be a public hazard, the Use shall
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be enclosed by a security fence six feet or more in height for the entire periphery of the property or
portion thereof so as to discourage trespassing.
(4) No Building shall be erected on the premises except as may be permitted in this chapter or
except as temporary shelter for machinery and a field office subject to approval by the Planning
Commission.
(5) The Planning Commission shall establish routes for truck movement to and from the site in
order to minimize the wear on Streets and to prevent hazards and damage to properties in the
community. That portion of access roads within the area of operation shall be provided with a
dust-resistant surface.
(6) All permitted installations shall be maintained in a neat, orderly condition as to prevent injury
to property, to individuals, or to the community in general.
(7) Proper measures, as determined by the Planning Commission, shall be taken to minimize the
Nuisance of noise and flying dust or rock. Such measures may include, when considered
necessary, limitations upon the practices of stockpiling excavated material upon the site.
(8) When excavation and removal operations or either of them are completed, the excavated
area shall be graded so that no gradient in disturbed earth shall be steeper than a slope of 3:1
(horizontal-vertical). A layer of arable topsoil of a quality approved by the Zoning Administrator
shall be spread over the excavated area, except exposed rock surfaces or areas lying below
natural water level, to a minimum depth of four inches in accordance with the approved contour
plan. The area shall be seeded with perennial grasses and maintained until the area is stabilized
and approved by the Planning Commission.
(9) The Planning Commission, in granting a Special Approval Use, may require the posting of a
bond or other assurance that the requirements in subsection (8) of this section shall be met.
(Ord. No. 39, § 7.40, 5-20-1987)
Sec. 40-741. - Mobile Home Parks, Seasonal Mobile Home Parks and Mobile Home Park
Condominiums.
(a) Scope. This section is considered to contain the minimum standards to be applied to all Mobile
Home Park, Seasonal Mobile Home Park and Mobile Home Park Condominium developments in the
township.
(b) Standards. All Mobile Home Parks, Seasonal Mobile Home Parks and Mobile Home Park
Condominiums shall comply with the applicable requirements of Public Act No. 96 of 1987 (MCL
125.2301 et seq.) and the rules and regulations promulgated thereunder by the appropriate state
agency.
(c) Preliminary approval/specific standards. A person who desires to develop, enlarge or substantially
Alter a Mobile Home Park, Seasonal Mobile Home Park or Mobile Home Park Condominium shall
submit a preliminary plan to the Planning Commission, the county health department, the county road
commission and the county drain commission for preliminary approval. Such preliminary plan shall
include the location, layout, general design, and a general description of the project, but need not
include detailed construction plans.
(1)
The township shall grant preliminary approval if the proposed development conforms to
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applicable laws and local ordinances not in conflict with the mobile home commission act, Public
Act No. 96 of 1987 (MCL 125.2311), and the mobile home code promulgated thereunder relative
to the following:
a.
Land Use and zoning.
b.
Adequate sanitary water supply, sewage disposal, and drainage.
c.
Compliance with the local fire ordinances and state fire laws.
(2) The minimum site size for a Mobile Home Park and a Mobile Home Park Condominium shall
be ten acres, except an existing development may be enlarged or substantially altered even if it is
less than ten acres in size. The minimum site size for a Seasonal Mobile Home Park shall be five
acres.
(3) Access between the development and Streets shall be paved and of sufficient design and
capacity as shall be required to safely and effectively handle the traffic which can reasonably be
expected to be generated by the residents and visitors of the development.
(d) Public hearing, notice, review and action. A public hearing shall be held on the application for
preliminary approval by the Planning Commission, and notice thereof shall be given as if the application
were for a Special Approval Use as provided in section 40-692(c). The Planning Commission shall
review the application, the comments received at the public hearing, any materials submitted relative to
the application, and shall then make its determination of approval or disapproval, with or without
recommendations.
(Ord. No. 39, § 7.42, 5-20-1987; Ord. No. 51, § 23, 6-15-1994)
Sec. 40-742. - Special Approval Uses and conditions for floodplain overlay district.
For Special Approval Uses and conditions for the floodplain overlay district see section 40-590.
(Ord. No. 39, § 7.44, 5-20-1987)
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Adult Bookstore or Video Store means any establishment or part thereof having as a substantial or
significant portion of its stock in trade, and as one of its principal business interests books, videos,
magazines, and other periodicals which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined
in this subsection, or an establishment with a segment or section devoted to the sale or display of such
material.
Adult Cabaret means a Cabaret which features go-go dancers, erotic dancers, strippers, male or
female impersonators, or similar entertainers.
Adult Motel means a Hotel, Motel or similar Commercial establishment that:
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(1) Offers accommodation to the public for any form of consideration and provides patrons with
closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other
photographic reproductions that are characterized by the depiction or description of Specified
Sexual Activities or Specified Anatomical Areas and that has a Sign visible from the public
right-of-way that advertises the availability of this adult type of photographic reproductions;
(2)
Offers a sleeping room for rent for a period of time that is less than 20 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that
is less than 24 hours.
Adult Motion Picture Theater means any establishment used for presenting motion pictures, videos or
live performances distinguished or characterized by an emphasis on matter or actions depicting,
describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined in this
subsection, for observation by patrons therein.
Adult Smoking or Sexual Paraphernalia Store means an establishment having, as a substantial or
significant portion of its stock in trade, paraphernalia designed or usable for sexual stimulation or
arousal or for smoking, ingesting or inhaling marijuana, narcotics or other stimulating or hallucinogenic
drug-related substances.
Cabaret means a cafe, restaurant, nightclub or bar where patrons are entertained by performers who
dance or sing or play musical instruments.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date
for another person or who agrees or offers to privately model lingerie or to privately perform a striptease
for another person.
Escort Agency means a person or business association who furnishes, offers to furnish, or advertises
to furnish Escorts as one of its primary business purposes for a fee, tip or other consideration.
Host or Hostess Establishment means an establishment or club offering socialization with a host or
hostess for a consideration to the host or hostess or for an admission or membership fee.
Massage means a method of treating the external parts of the human body by rubbing, stroking,
kneading, tapping or vibrating with the hand or any instrument.
Massage Parlor means an establishment where persons conduct or permit to be conducted or engaged
in Massages of the human body or parts thereof by means of pressure, imposed friction, stroking,
kneading, rubbing, tapping, pounding, vibrating or otherwise stimulating the body or parts thereof with
hands, other parts of the human body, mechanical devices, creams, ointments, oils, alcohol or any
other means of preparations to provide relaxation or enjoyment to the recipient. This definition shall not
be construed to include the following:
(1)
Hospital.
(2)
Nursing home.
(3)
Medical Clinic.
(4)
Office of a physician, surgeon, osteopath.
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(5)
Sports-medicine Clinic.
(6)
Physical Massage therapist duly licensed by the state.
(7) Barbershop or beauty salon in which Massages are administered to the scalp, the face, the
neck or the shoulders.
(8) A nonprofit organization operating a community center, swimming pool, tennis court, or other
educational, cultural, recreation and athletic facilities for the welfare of the residents of the area.
Nude Artist and Photography Studios means any Building, Structure, premises or part thereof which
offers as a principal or secondary activity the providing of models to display Specified Anatomical
Areas, as defined in this subsection, for artists, photographers or other persons for a fee or charge.
Nudity and State of Nudity mean the appearance of a human bare buttock, anus, male genitals, female
genitals, or female breast without a fully opaque complete covering of the breast below a point
immediately above the top of the areola, or human male genitals in a discernibly turgid state even if
completely and opaquely covered.
Open Dancehall means an establishment where open public dancing by patrons is available with
partners furnished by the establishment.
Sauna, Hot Tub or Other Similar Health or Body Improvement Enterprises means establishments
where saunas, hot tubs, whirlpools, sunlamps and similar body relaxing, soothing or improving facilities
are available for male and/or female customers with supervision or participation by employees or
independent contractors of the business. This definition shall not be construed to include the following:
(1)
Hospital.
(2)
Nursing home.
(3)
Medical Clinic.
(4)
Office of a physician, surgeon, osteopath.
(5)
Sports medicine Clinic.
(6)
Physical Massage therapist duly licensed by the state.
(7) A nonprofit organization operating a community center, swimming pool, tennis court, or other
educational, cultural, recreation and athletic facilities for the welfare of the residents of the area.
Seminude means a state of dress in which clothing covers not more than the human bare buttock,
anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the
breast below a point immediately above the top of the areola, or human male genitals in a discernibly
turgid state.
Sexual Encounter Center means a business or Commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2)
Activities between male and female persons and/or persons of the same sex when one or
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more of the persons is in a State of Nudity or Seminude.
Specified Anatomical Areas means:
(1)
(2)
Less than completely and opaquely covered:
a.
Human genitals, pubic region; and
b.
The female breast below a point immediately above the top of the areola; and
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities means:
(1)
Human genitals in a state of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse or sodomy.
(3)
Erotic fondling or other erotic touching of genitals, pubic region, buttock or female breast.
(b) Scope. In the development and execution of this section, it is recognized that there are some Uses
which, because of their very nature, have serious objectionable operational characteristics, particularly
when several of them are concentrated in near proximity to a residential area or community and
neighborhood shopping areas, thereby having a deleterious effect upon such areas. It is also
recognized that the controlled Uses have legitimate rights under the United States Constitution as well
as locational needs similar to many other retail establishments. Special regulation of these Uses within
the interstate transport overlay district, as delineated within the C-3 district, is therefore necessary to
ensure that adverse effects of such Uses will not contribute to the blighting or downgrading of
residential areas or the quality of the community's neighborhood business areas. At the same time,
these controls are intended to provide commercially viable locations within the township where these
Uses are considered more compatible and less deleterious. The controls do not legitimize activities that
are otherwise illegal under this ordinance or various other local, state, and federal statutes. Uses
subject to these controls are as follows:
(1)
Adult Motion Picture Theaters.
(2)
Adult Bookstores and Video Stores.
(3)
Adult Cabarets.
(4)
Nude Artist and Photography Studios.
(5)
Massage Parlors.
(6)
Host or Hostess Establishments.
(7)
Sauna, Hot Tub, or Other Similar Health or Body Improvement or Enjoyment Enterprises.
(8)
Open Dancehalls.
(9)
Adult Smoking or Sexual Paraphernalia Stores.
(10) Adult Motels.
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(11) Escort Agencies.
(12) Sexual Encounter Centers.
(13) Any combination of such uses.
(c) Permitted Uses. Any of the regulated Uses enumerated in subsection (b) of this section are
permitted only after a public hearing. The hearing shall be held by the Planning Commission, with
notice given in the manner required by law.
(1)
The property is located within the interstate transportation overlay district.
(2) The Building or Structure housing the Use is located a minimum of 250 feet from the
boundary of all A-1, A-2, R-1, R-2, and R-3 zoning districts and 500 feet from a residential Use,
regardless of the zoning for the residential Use.
(3) The property is located a minimum of 1,000 feet from the property line of any public, private
or religious primary or secondary school; public park, library or museum; any public or licensed
private day care or nursery school; or site of religious assembly or worship.
(4) The Use is not located within 750 feet of any other adult or special controlled Use, except
that such restriction may be waived if the following findings are made by the Planning
Commission:
a. The proposed Use will not be contrary to the public interest or injurious to nearby
properties, and the spirit and intent of this section will be observed.
b. The proposed Use will not enlarge or encourage the development of a blighted or
deteriorating area in its immediate surroundings.
c.
The establishment of such Use or an additional Use regulated under this section in the
area will not be contrary to any program of neighborhood conservation, nor will it interfere
with any program of urban renewal.
(d) Conditions and limitations. Prior to the granting of any waiver or permit as provided in this section,
the Planning Commission may impose any such conditions or limitations upon the establishment's
location, construction, maintenance, or operation of the regulated Use as may in its judgment be
necessary for the protection of the public interest. Any evidence and any guarantee may be required as
proof that the conditions stipulated in connection therewith will be fulfilled. Failure to follow such
limitation or condition will act to immediately terminate any permit or license given.
(e) Application. Application for approval of a special controlled Use shall be made on a form as
provided by the township and submitted to the zoning official along with a review fee in the amount
established by the township board by resolution. The application shall be placed on the next available
agenda of the Planning Commission; at such time the required public hearing date shall be set. The
Planning Commission shall have 75 days from the date of submittal of a complete application to act on
the application.
(f) Appeals. An appeal of any decision by the Planning Commission to deny an application, wholly or
in part, may be made to the Zoning Board of Appeals in accordance with article II, division 2, of this
chapter.
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(g) Limit on reapplication. No application for such a Use which has been denied wholly or in part shall
be resubmitted for a period of one year from the date of such order of denial, except on the grounds of
new evidence not previously available or proof of changed conditions.
(Ord. No. 77, art. XVIII, 6-3-1998; Ord. No. 2007-01, § 12, 3-7-2007)
Sec. 40-744. - Truck Stops.
(a) Any Truck Stop, as defined in section 40-7, shall be required to be located within the interstate
transportation overlay district. The Parcel shall contain a minimum of five acres and shall have a
minimum of 300 feet of Street frontage.
(b)
Public sewer and water must serve the site.
(c) All developed and undeveloped property within 1,000 feet of any underground or aboveground
storage tank, fuel dispenser or fuel dispensing area located on the site must be either served by an
existing public or certified private community water system or be immediately adjacent to such a
system. For properties where the water lines are immediately adjacent but which are not served, the
water system must physically and through assessment or other agreement of record between the
landowner and the water authority be capable of being immediately extended to serve the property if
required to be connected by the township or health department.
(d) Minimum Setback for main Building. The minimum Front, Side and Rear Yard Setbacks shall be
100 feet, as measured from the property line or Street or Private Road right-of-way. Side and rear
Setbacks shall be increased to 250 feet when the property abuts a residentially zoned or used property.
(e) A Buffer Yard shall be provided between all property and right-of-way or property lines and any
Parking Lot, access roads, operation or Building Structure included on the Truck Stop site. Each Buffer
Yard shall be landscaped in accordance with the requirements for side, front, and rear Buffer Yards as
outlined in sections 40-877 and 40-878, except that the width of each Buffer Yard shall be 100 feet, and
the quantity of plant material required in each Buffer Yard shall be increased by 25 percent.
(f) Minimum Setback for fuel dispenser islands. Fuel dispenser islands shall not be located closer
than 115 feet from any property line or Street or Private Road right-of-way.
(g) Minimum Setbacks for canopies over fuel dispenser. The Setbacks of roof edges or eaves for
canopies over fuel dispensers shall be no closer than 100 feet from any property or Street or Private
Road right-of-way line.
(h) On-site circulation. On-site circulation for commercial vehicles and passenger vehicles must be
adequately separated to minimize vehicle and pedestrian conflicts and to maximize safety.
(i) Areas devoted to the parking of commercial vehicles shall be located behind the Front Line of the
Principal Building. Parking Spaces shall be marked, and the Parking Area shall be provided with
adequate trash containers and shall be kept free of litter and debris.
(j) Truck Parking Areas may be illuminated for security purposes. Lighting shall be shielded and
oriented away from Streets and property lines. The maximum height of light fixtures shall be 25 feet.
(k)
The use of loudspeakers within the commercial vehicle Parking Areas is prohibited.
(l)
Unless required to maintain the temperature or pressure of perishable or volatile cargo, the
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extended running in excess of five minutes, idling or revving of the commercial vehicle engines or
auxiliary engines and compressors in the commercial vehicle Parking Area is prohibited.
(m) All other design and site standards of section 40-730 for Automobile Service Stations shall apply.
(Ord. No. 77, art. IX, 6-3-1998; Ord. No. 88, art. XIV, 2-21-2001)
Secs. 40-745—40-770. - Reserved.
ARTICLE VIII. - PLANNED UNIT DEVELOPMENTS [48]
(48)
State Law reference— Planned unit development, MCL 125.286c.
Sec. 40-773. - Public notices of hearings on applications.
Sec. 40-774. - Basis of determination on final approval.
Sec. 40-775. - Conditions to ensure compliance.
Sec. 40-776. - Performance guarantee.
Sec. 40-778. - Decisions on contents of applications.
Sec. 40-779. - General standards.
Sec. 40-780. - Regulations.
Sec. 40-781. - Revocation of an issued permit.
Secs. 40-782—40-810. - Reserved.
The purpose of this article is to establish equitable procedures, criteria and standards which shall be
applied in the determination of a request for a Planned Unit Development (PUD). The criteria for
decisions and the requirements provided for under this article shall be in addition to those required
elsewhere in this chapter which are applicable to the zoned district in which the PUD is proposed to be
located.
(Ord. No. 39, § 8.00, 5-20-1987; Ord. No. 86, § 4(8.00), 9-6-2000)
An application for permission to establish a Planned Unit Development (PUD) shall be submitted in two
(preliminary plan and detailed site plan) stages and shall be acted upon in accordance with the
following procedures:
(1) Plans required. An applicant for a PUD, in order to allow the Planning Commission and the
applicant to reach an understanding of basic design requirements prior to detailed site design
investment, shall follow a two-step process by initially submitting a preliminary plan of the
proposed Use to the Planning Commission and, if the preliminary plan is approved, by
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subsequently submitting a detailed site plan to the Planning Commission for approval.
(2) Application submission, review and fee. An application for approval of a PUD shall be
obtained from the Zoning Administrator on a form requiring such information as the Planning
Commission shall require. Such application shall be completed and submitted to the Zoning
Administrator. The Zoning Administrator shall review the application so submitted for
completeness and, if incomplete, shall return the application to the applicant for completion. Upon
the Zoning Administrator being satisfied that the submitted or resubmitted application is
substantially complete, the Zoning Administrator shall transmit it to the chairperson of the Planning
Commission. Each application for preliminary plan or detailed site plan approval shall be
accompanied by the payment of a fee in accordance with the schedule of fees adopted by the
township board to cover the costs of processing the application.
(3) Preliminary plan approval. The preliminary plan shall be drawn to scale and shall clearly
show the following information:
a.
Boundaries of the property.
b.
Location and height of all existing and proposed Buildings and Structures.
c.
Existing and proposed interior roadway systems and parking facilities, and all existing
rights-of-way and easements, whether public or private.
d. Delineation of the various proposed areas, indicating for each such area its size and the
number, size and type of Buildings existing and proposed.
e.
The interior open space system.
f.
The overall stormwater drainage system.
g. If any grades exceed 30 degrees on portions of the site and if there is a moderate to
high susceptibility of erosion, flooding and/or ponding, an overlay outlining the areas of such
susceptibility shall be provided.
h. The principal ties to the neighborhood and community with respect to transportation,
water supply and sanitary sewage disposal.
i.
A general description of the availability of community facilities, such as schools,
recreational facilities, fire protection services and cultural facilities, if any, and an indication of
how such needs are proposed to be made available to occupants of the site.
j.
A location map showing the Uses and ownership of abutting lands, whether in or out of
the township.
k.
Information as to whether the proposed Use is compatible with neighboring properties
and Uses.
l.
A general statement as to how open space is to be owned and maintained.
m. If the development is to be constructed in phases, general information as to how the
sequence of phases is to proceed.
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(4) Public hearing. Upon receiving an application with a completed preliminary plan, the Planning
Commission shall hold a public hearing to consider the application for a Planned Unit
Development. Following the public hearing, the Planning Commission shall approve or disapprove
the application, with or without recommendations in respect thereto, and so notify the applicant of
its decision.
a. Approval of the preliminary plan shall not constitute approval of the detailed site plan,
but shall be deemed an expression of approval of the layout as a guide to the preparation of
the detailed site plan.
b. The Planning Commission reserves the discretion to require a second public hearing on
the detailed site plan.
(5) Application for detailed site plan approval. The application for detailed site plan approval shall
be submitted in accordance with the following:
a. After receiving approval from the Planning Commission on a preliminary plan, the
applicant shall prepare a detailed site plan and submit it to the Planning Commission for
approval. However, if more than six months has elapsed between the time the preliminary
plan was approved and the application for detailed site plan approval is filed, the Planning
Commission may require a resubmission of the preliminary plan for further review and
possible revision.
b. The detailed site plan shall conform to the preliminary plan that has been approved. It
should incorporate any revisions or other features that may have been previously
recommended by the Planning Commission. All such compliance to revisions or
recommendations of the Planning Commission shall be clearly indicated by the applicant on
the submitted detailed site plan.
c.
The detailed site plan shall comply with the site plan requirements of article IX of this
chapter.
(6) Required standards for approval. The Planning Commission's review of the detailed site plan
shall be in accordance with article IX of this chapter.
(7) Action on detailed site plan. The Planning Commission must approve or disapprove the
detailed site plan and may recommend modifications thereto and shall so notify the applicant, the
Zoning Administrator and the building official of its decision.
(8) Amendments. After a detailed site plan is approved, if the applicant seeks to amend the
approved plan, the applicant shall then resubmit the entire plan, as amended, to the Planning
Commission for approval in accordance with the procedures in this section.
(Ord. No. 39, § 8.02, 5-20-1987; Ord. No. 51, § 24, 6-15-1994; Ord. No. 86, § 4(8.02), 9-6-2000)
Sec. 40-773. - Public notices of hearings on applications.
Upon receipt by the chairperson of the Planning Commission from the Zoning Administrator of an
application for a preliminary plan for a Planned Unit Development, notice of a public hearing on the
application to establish a PUD shall be given in the manner required by law.
(Ord. No. 39, § 8.04, 5-20-1987; Ord. No. 86, § 4(8.04), 9-6-2000; Ord. No. 2007-01, § 13, 3-7-2007)
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Sec. 40-774. - Basis of determination on final approval.
Prior to arriving at a final decision in respect to a Planned Unit Development application, the Planning
Commission shall ensure that the standards specified in this article, as well as applicable standards
established elsewhere in this chapter, shall be satisfied upon the completion and use of the PUD under
consideration.
(Ord. No. 39, § 8.06, 5-20-1987; Ord. No. 86, § 4(8.06), 9-6-2000)
Sec. 40-775. - Conditions to ensure compliance.
(a) Following detailed site plan review, the Planning Commission may impose conditions on a
Planned Unit Development which are necessary to ensure compliance with the standards for approval
stated in this article and any other applicable standards contained in this chapter. Such conditions shall
be considered an integral part of the PUD approval and shall be enforced by the Zoning Administrator.
The Planning Commission shall have the right to limit the duration of a PUD where the duration is of a
temporary nature and may reserve the right of annual or more frequent review of compliance with the
conditions and limitations imposed upon such Use. Any Use failing to comply with such conditions and
limitations may be terminated by action of the Planning Commission after a hearing upon application of
any aggrieved party, including the Zoning Administrator or the Planning Commission itself. Reasonable
conditions may include conditions such as will 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 land Use or activity, will protect the natural environment and conserve natural resources and
energy, will ensure compatibility with adjacent Uses of land, and will promote the Use of land in a
socially and economically desirable manner. Conditions imposed shall meet all of the following
requirements and shall be:
(1) Designed to protect natural resources and the health, safety and welfare and the social and
economic well-being of those who will use the land Use or activity under consideration, residents
and landowners immediately adjacent to the proposed land Use or activity and the community as
a whole.
(2) Related to the valid exercise of the police power and purposes which are affected by the
proposed Use or activity.
(3) Necessary to meet the intent and purpose of this chapter, related to the standards
established in this chapter for the land Use or activity under consideration, and necessary to
ensure compliance with those standards.
(b) The conditions or limitations imposed with respect to a PUD shall be stated in the record of the
approval action and shall remain unchanged except upon the mutual consent of the Planning
Commission and the landowner. If conditions or limitations are changed, the Planning Commission
shall maintain a record of the changes.
(Ord. No. 39, § 8.08, 5-20-1987; Ord. No. 86, § 4(8.08), 9-6-2000)
Sec. 40-776. - Performance guarantee.
To ensure compliance with any conditions imposed in respect to the approval of a Planned Unit
Development, the Planning Commission may require that a cash deposit, certified check, irrevocable
bank letter of credit, or surety bond acceptable to the Planning Commission covering the estimated
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costs of Improvements associated with the PUD for which approval is sought be deposited with the
township clerk to ensure faithful completion of the Improvements. The performance guarantee shall be
deposited at the time of the issuance of the permit authorizing the activity or project. The Planning
Commission may not require the deposit of the performance guarantee prior to the time when the
township is prepared to issue the permit. The Planning Commission may establish procedures whereby
a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required
Improvements will be made as work progresses. However, this section shall not be applicable to
Improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond
has been deposited pursuant to Public Act No. 288 of 1967 (MCL 560.101 et seq.).
(Ord. No. 39, § 8.10, 5-20-1987; Ord. No. 86, § 4(8.10), 9-6-2000)
Use of land and/or development projects granted Planned Unit Development status by the township
prior to the adoption of the ordinance from which this chapter derives may continue, provided the rules,
regulations, requirements, conditions and limitations of the PUD permits previously granted are met.
(Ord. No. 39, § 8.12, 5-20-1987; Ord. No. 86, § 4(8.12), 9-6-2000)
Sec. 40-778. - Decisions on contents of applications.
Any application for a Planned Unit Development shall be finally approved following consideration of the
detailed site plan if the application:
(1)
Contains all the required information;
(2)
Complies with this chapter, meets all of the standards specified by this chapter;
(3) Complies with the conditions imposed pursuant to this chapter and by the Planning
Commission; and
(4) Complies with other applicable federal, state, county and local ordinances, statutes and
regulations.
(Ord. No. 39, § 8.14, 5-20-1987; Ord. No. 86, § 4(8.14), 9-6-2000)
Sec. 40-779. - General standards.
The Planning Commission shall review the particular circumstances of the Planned Unit Development
application under consideration in terms of the following standards and shall approve the PUD only
upon a finding of substantial compliance with each of the following standards, as well as substantial
compliance with applicable standards established elsewhere in this chapter:
(1) The Planned Unit Development shall be designed, constructed, operated and maintained so
as to be harmonious with the character and Use of adjacent property in the surrounding area.
(2) The Planned Unit Development shall not change the essential character of adjacent property
in the surrounding area.
(3) The Planned Unit Development shall not create hazards to adjacent property or the
surrounding area and shall not involve such Uses, activities, materials or equipment which shall be
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detrimental to the health, safety or welfare of persons or property through the creation or
maintenance of such Nuisances as traffic, noise, smoke, fumes or glare.
(4) The Planned Unit Development shall not place demands on public services and/or facilities in
excess of current or anticipated capacity.
(Ord. No. 39, § 8.16, 5-20-1987; Ord. No. 86, § 4(8.16), 9-6-2000)
Sec. 40-780. - Regulations.
(a) Scope. Traditional zoning, with its rigid separation of Uses into different zones under very
restricted placement controls, has now been recognized as being inappropriate to many developments.
Planned Unit Developments, which modify the traditional forms of zoning, permit a developer to secure
advantages which can be passed on to the general public by virtue of more desirable and more
economical development, thus providing a controlled degree of flexibility in the placement of Structures
and Lot sizes and types of Uses, while maintaining adequate planning and development standards. The
PUD provisions in this section shall affect those developments otherwise permitted in a given zoned
district. Residential, Commercial and industrial PUD provisions may replace the normal Lot size, types
of Uses and Yard Setback requirements with more general flexible requirements and may be utilized in
one or more zoning districts as one development site.
(b) Objectives. The following objectives, principles and standards are intended to guide the applicant
in the preparation of Planned Unit Development site plans and shall be used as the basis of the
evaluation of the plans by the Planning Commission. Such objectives shall be considered in reviewing
any applications for a PUD in order to realize any advantages in coordinated, flexible, comprehensive,
long-range planning and development of such planned development. The objectives are to:
(1) Provide more desirable living, shopping and working environments by preserving the natural
character of open fields, stands of trees, brooks, ponds, hills and similar natural assets.
(2) Encourage with regard to residential Use the provision of open space and the development
of recreational facilities and neighborhood Commercial facilities in a generally central location
within reasonable distance of all living units.
(3) Encourage developers to use a more creative and imaginative approach in the development
of residential areas, especially through the mixture of housing types in one development.
(4)
Encourage underground facilities.
(5) Allow phased construction with the knowledge that subsequent phases will be approved as
originally planned and approved.
(c) Residential Planned Unit Development. Standards for residential Planned Unit Developments are
as follows:
(1) Purpose. It is the purpose of this subsection to encourage more imaginative and livable
housing environments through a planned reduction, or averaging, of the individual Lot Area
requirements for each zoned district. Such averaging or reduction of Lot Area requirements shall
only be permitted when a landowner or group of owners acting jointly can plan and develop a tract
of land as an entity and thereby qualify for regulation of that tract of land as one complex land Use
unit, rather than an aggregation of individual Buildings located on separate, unrelated Lots. Under
these conditions, approval may be granted for the construction and occupancy of a PUD,
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providing the standards, procedures and requirements in this chapter can be satisfied.
(2)
Minimum area. The residential PUD shall not be less than five acres in area.
(3) Permitted Uses. The following Uses of land and Structures may be permitted within a
residential PUD for primary or secondary, but not transient, Dwellings:
a.
Any permitted Use within the district in which the PUD is located.
b. Single-Family Dwellings, Duplexes, Triplexes, Quadruplexes, Multifamily Dwellings,
Apartments, Condominiums and Townhouses.
c.
Golf courses, tennis clubs and athletic clubs.
d.
Customary Accessory Uses, as permitted in the zoned districts where located.
(4) Maximum density. The maximum density for a PUD shall be the maximum density which
would be allowed pursuant to the zoning district in which the PUD is located. Density shall be
defined as the ratio of Dwellings in the PUD to the number of acres of the PUD.
(d) Commercial Planned Unit Development. Standards for a Commercial Planned Unit Development
(1) Purpose. It is the purpose of this subsection to allow design flexibility in accordance with a
master plan and to encourage development compatible with surrounding or abutting Uses, with
suitable open spaces, landscaping and Parking Areas.
(2) Objectives. The following objectives shall be considered when applying for and reviewing any
application for approval for a Commercial PUD. The objectives are to:
a. Conserve the value of property which includes optimum utilization of areas devoted to
Commercial Use together with protection of the immediate environment.
b.
Encourage creative and imaginative approaches in Commercial developments.
(3) Qualifying conditions. Any application for approval shall meet the following conditions to
qualify for consideration as a Commercial PUD:
a.
The PUD site shall be located within the commercial or light industrial zoned districts.
b. The proposed PUD shall be designed and developed with harmonious architectural
treatment.
c.
Utilities, roads and other essential services must be available for immediate use of
occupants purchasing or leasing sites in the PUD.
d. Compatibility of site use with nearby residential areas must be evidenced and can be
determined in relationship to the following criteria:
1. Uses shall have no harmful or unpleasant effects such as noise, odors, fumes,
glare, vibration, smoke, vapors and gases, electrical emissions and wastes.
2.
Appearance shall be harmonious with adjacent Uses, including but not limited to
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landscaping, enclosure of Principal and Accessory Uses, height control, Sign control,
profile of Buildings and architectural controls.
3. An appropriate buffer shall separate Structures within the PUD from surrounding
areas.
4. Loading docks and truck maneuvering areas and terminals shall be located as far
as practicable from residential Lot Lines and residential Uses.
(4) Permitted Uses. The following Uses of land or Structures may be permitted within a
Commercial PUD:
a. Any permitted Commercial Use within a commercial district, whether the PUD is located
in a commercial district or the light industrial district.
b. Customary Accessory Uses, as permitted in a commercial district, whether the PUD is
located in a commercial district or the light industrial district.
(5) Development requirements. In addition to the qualifying conditions, the following
requirements shall be met:
a.
Minimum site sizes. The minimum area for a Commercial PUD shall be three acres.
b.
Circulation and parking.
1. Streets, Building locations, Parking Areas, pedestrian ways and utility easements
shall be designed to promote public safety and compatibility of Uses and to minimize
friction between Uses.
2. Private Roads may serve circulation and parking purposes if they adequately
provide for fire and police protection, rubbish collection, lighting, safe and adequate
access and any necessary maintenance.
3. Adequate access for fire and other emergency vehicles shall be provided on the
site.
4. Parking requirements shall be equal to the sum of the parking requirements for all
Uses proposed. However, where it can be demonstrated by the applicant that, due to
nonconflicting hours of operation, design of the circulation and parking plan or any other
factor reasonably related to the need for parking, the total parking requirement can be
reduced, the Planning Commission may do so provided legal notice of the application
specifies that such reduction has been requested.
5. Driveways and circulation roadways shall be designed to minimize traffic and
congestion within the PUD and to minimize the amount of paving, although paving of
driveways, circulation roadways and Parking Areas within a Commercial PUD is
required.
6. Where open Parking Areas are to be located immediately adjacent to any
peripheral boundary, a separation or buffer of a type sufficient to ensure the privacy of
the adjacent property shall be provided.
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c.
Maintenance and utilities. For any areas to be held under common ownership, a
document showing the future maintenance provisions shall be submitted to the Planning
Commission. Such provision shall include mandatory membership of all property owners in
any association designed for maintenance of the common area.
d. Open space and landscaping. All open space and landscaping shall be provided in
conformity with an approved site plan to be included as a condition of the PUD.
e.
Signs. Signs shall be as approved by the Planning Commission.
f.
Off-Street loading. Off-Street loading shall be provided as required by the Planning
Commission.
(e) Mixed use residential/commercial PUDs in the Blue Star Highway mixed use
residential/commercial overlay district and within other C-1, C-2 and C-3 districts not otherwise included
within the Blue Star Highway mixed use overlay district. Standards for mixed use
residential/commercial PUDs in the Blue Star Highway mixed use residential/commercial overlay district
and within other C-1, C-2 and C-3 districts not otherwise included within the Blue Star Highway mixed
use overlay district are as follows:
(1) Purpose. This type of PUD is intended to permit higher density residential Uses to be mixed
with Commercial Uses. This subsection is intended to provide greater flexibility for PUDs that
combine residential and Commercial Uses in an Innovative way.
(2)
Area. The minimum site area of the PUD shall be five acres.
(3)
Permitted Uses. Permitted Uses are the following:
a.
Any permitted Uses in the C-1, C-2 or C-3 district.
b.
Customary Accessory Uses to those permitted in the PUD.
c.
Single-Family, Two-Family, Triplex, Quadruplex and Multifamily Dwellings.
d. Related recreational facilities such as tennis courts, golf courses, swimming pools,
health clubs, etc.
(4)
Development requirements. Development requirements are as follows:
a. The site plans for the PUD shall be submitted to the Planning Commission for its
approval.
b. Uses within the PUD may be mixed within a single Building or within several separate
Buildings on the same Parcel.
c.
At least 35 percent of the gross area of the PUD shall be green space (i.e., land not
covered by Buildings or hard-surfaced material). Increased density of housing units may be
allowed by the Planning Commission in return for commensurate amounts of additional green
space.
d.
Signs shall be as approved by the Planning Commission.
e.
Off-Street parking and loading shall be as approved by the Planning Commission.
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f.
(5)
An appropriate buffer shall separate Structures within the PUD from surrounding areas.
Design considerations. Design considerations are as follows:
a. Open space and landscaping opportunities along the frontage of the Blue Star Highway
will be promoted to preserve or enhance its existing visual character. Variable Setbacks
should be used in order for parking to be placed behind Buildings wherever possible.
b. Residential and Commercial Buildings within a PUD should have a unified, architectural
theme and have an attractive exterior reflective of the character of the area. The Building
floor to site area ratio should be such that Buildings and Parking Areas do not appear out of
scale relative to the size of the Parcel. A substantial portion of the Parcel should be devoted
to open space and landscaping in order to achieve an appropriate and pleasing relationship
of developed land to open areas.
c.
Walkways should be provided to and from Parking Areas and between commercial and
residential areas.
d. Vehicle access and parking in front of Building entrances and exits should be limited
and well landscaped.
e. Landscaping around Buildings should be provided to soften the visual impact of larger
Buildings and to screen parking. Landscaping of Parking Areas should be substantial and
provide sufficient space for future growth of plantings without crowding.
f.
Driveways leading off Blue Star Highway to Parking Areas should be sufficiently long to
avoid backup of traffic in driveways.
g. Interior circulation should be designed so that traffic circulates with a minimum of
conflict between various Uses of the property.
h.
Buildings Signs should be unified, attractive and understated.
i.
Outdoor lighting should be designed to reduce glare off site and be positioned to reflect
light downward to minimize reflection into the night sky.
j.
Outdoor lighting of Buildings and sites should be limited to the lighting necessary for
safety and ease of use by pedestrians and Motor Vehicle circulation during the nighttime
hours of operation. During nonoperating hours, lighting should be maintained at levels
necessary for security purposes only.
(f) Industrial Planned Unit Development. Standards for industrial Planned Unit Developments are as
follows:
(1) Purpose. This type of PUD is intended to permit and control the development of preplanned,
exclusively industrial areas and research and development centers. It is intended that this type of
PUD afford industry reasonable protection from encroachment by retail, Commercial, residential
and other land Uses, and that reasonable protection will be afforded to adjacent Uses.
(2)
Qualifying conditions. Qualifying conditions are as follows:
a.
The minimum area of an industrial PUD shall be ten acres.
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b.
The industrial PUD shall be located in an area zoned for Industrial Use.
c.
Utilities, roads and other essential services must be available for the immediate use of
occupants purchasing or leasing sites in the industrial PUD.
(3)
Permitted Uses. Permitted Uses are as follows:
a.
Any Use permitted in the particular industrial zoned district.
b.
Offices compatible with Uses proposed within the industrial PUD.
c.
Research and development laboratories, offices and facilities for development of new
products and processes.
(4)
Development requirements. Development requirements are as follows:
a. The site plans for the entire industrial PUD shall be submitted to the Planning
Commission for its approval.
b. All business, service and processing shall be conducted wholly within enclosed
Buildings, with the exception of certain storage Yards which must be screened from view, as
allowed by the Planning Commission.
c.
Signs shall be as approved by the Planning Commission.
d.
Off-Street parking and loading shall be as required by the Planning Commission.
e. Site plans for individual Lots shall be reviewed by the Planning Commission in regard to
their conformance with the overall site plan for the industrial PUD. Various Lots may be
combined to allow larger Buildings.
f.
An appropriate buffer shall separate Structures within the industrial PUD from
surrounding areas which are not both zoned and used for industrial purposes.
(Ord. No. 39, § 8.20, 5-20-1987; Ord. No. 51, § 25, 6-15-1994; Ord. No. 71, §§ 18, 19, 10-1-1997; Ord.
No. 77, art. XII, 6-3-1998; Ord. No. 86, § 4(8.20), 9-6-2000)
Sec. 40-781. - Revocation of an issued permit.
(a) A Planned Unit Development permit, once granted, may be revoked by the Planning Commission
if substantial progress towards completion of the proposed project has not been achieved within 12
months following issuance of such permit, unless satisfactory reasons are provided to the Planning
Commission by the permit holder for such lack of progress.
(b) A PUD permit, once granted, may also be revoked by the Planning Commission if the permit
holder fails to conform with the approved development plan and/or with the terms, conditions and
restrictions imposed upon the development by the Planning Commission.
(Ord. No. 39, § 8.22, 5-20-1987; Ord. No. 86, § 4(8.22), 9-6-2000)
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Secs. 40-782—40-810. - Reserved.
ARTICLE IX. - SITE PLAN REVIEW [49]
(49)
Cross reference— Buildings and building regulations, ch. 8.
Sec. 40-811. - Intent.
Sec. 40-813. - Site plan content requirements.
Sec. 40-814. - Additional site plan content requirements for multiple-Family developments.
Sec. 40-815. - Additional site plan content requirements for Commercial, office, and industrial developments.
Sec. 40-816. - Standards for granting approval.
Sec. 40-817. - Conditional site plan approvals.
Sec. 40-818. - Building Permit.
Sec. 40-819. - Improvements; financial and performance guarantees.
Sec. 40-820. - Site plan modification.
Secs. 40-821—40-845. - Reserved.
(a) Site plan review and approval of all development proposals listed in this article is required by this
article.
(b) The intent of this article is to provide for consultation and cooperation between the developer and
the Planning Commission so that both parties might realize effective utilization of land consistent with a
site's capacity to sustain development and minimize adverse effects upon the surrounding land Uses
and remain consistent with the requirements and purposes of this chapter. Through the application of
this article in accordance with the comprehensive plan's goals and policies, the attainment of the
comprehensive plan will be ensured, and the township will develop in an orderly fashion consistent with
its health, safety and welfare.
(Ord. No. 53, § 1(8.A.00), 4-19-1995)
(a) Prior to the issuance of Building Permits or commencement of any construction or land alterations,
site plan review and approval is required in the situations and under the procedures contained in this
article. However, no site plan review and approval is needed when an existing Building or Structure is
refurbished or otherwise improved in such a way that the footprint of the Building or Structure is not
changed and no land is excavated, graded or cleared.
(b) [Site plan submittal.] A site plan shall be submitted to the Planning Commission through the
township clerk's office for approval of any Use permitted in the C-l, C-2, C-3 and I-1 districts and shall
also be required for each of the following:
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(1)
Any Multifamily Dwelling;
(2) Any public school or private or parochial school, college, university; church; public or private
recreational facility; Cemetery; utility or public service facility not exempted from local review by
state statute;
(3) Any Planned Unit Development or Special Approval Use, provided that if the requirements for
a site plan in this article are met by the plans and documentation required by article VIII of this
chapter, a separate site plan shall not be required pursuant to this article; and
(4)
When any other section of this chapter requires a site plan or a site plan approval.
Notice of site plan review. Notice of site plan review by the Planning Commission shall be forwarded by
the Zoning Administrator to the owners of property adjacent to the project Parcel (including across
roadways). Such notice shall be delivered in person or by first class mail to the owners listed on the
latest tax roll not more than 30 days and not less than 15 days prior to the meeting date on which the
subject site plan first appears on the agenda. The notice shall briefly describe the development
proposal, its location, and shall contain the time, date and place of the meeting. The notice shall advise
that a site plan is available for review at the township offices.
(c) Notwithstanding subsection (b) of this section, site plans for minor Building additions, Accessory
Buildings and minor changes to previously approved site plans may be reviewed and approved by the
Zoning Administrator, provided that the site plan complies with all applicable standards and
requirements of this chapter and all other applicable regulations of the county and state. The Zoning
Administrator may request the assistance of the township engineer, attorney or planner to assist in
determining compliance with applicable standards. Notwithstanding these provisions, the Zoning
Administrator may exercise discretion to refer any application for site plan review to the Planning
Commission for review and disposition. Administrative site plan approval shall be limited in scope to the
following:
(1) Amendments to approved site plans, provided that the change does not Alter a site plan for a
Special Approval Use, Planned Unit Development or any other requirement or condition
specifically imposed at the time of review and approval of the Planning Commission, township
board or Zoning Board of Appeals. Approval of such amendments shall be limited to the following:
a. Modifications to a site plan involving the addition or adjustments in the placement of any
of the following items:
1.
Landscape materials (change of type or location).
2.
Sidewalks.
3.
Refuse containers.
4.
Site lighting.
5.
Signs.
6.
Retention/detention ponds.
b. Decrease in Building size and corresponding decreases in Parking Spaces from an
approved site plan.
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c.
Moving a proposed Building on an approved site plan up to ten feet or five percent of
the distance to the closest property line, whichever is smaller.
d. An increase in Building size that does not exceed five percent of the approved gross
Floor Area.
e. Parking Lot enlargements of up to six car spaces or 1,800 square feet of surface area,
provided that no additional driveway openings are involved.
(2) Site plans for minor additions to existing Commercial and industrial Buildings and Structures
and new Buildings accessory to existing principal Commercial and industrial facilities.
Administrative approval may be granted when the Use is permitted by right, the project is located
on a conforming Parcel and the Improvements are limited to the following:
a. Additions to principal Commercial and industrial Buildings or Structures, provided such
additions are less than 1,000 square feet of gross Floor Area.
b. A new Accessory Building or an addition thereto for Commercial and Industrial Uses,
provided the Accessory Building or addition contains less than 1,000 square feet gross Floor
Area.
c.
Parking Lot additions and new Parking Lots with up to six car spaces or 1,800 square
feet of surface area, provided that no additional driveway openings are involved.
d. Seasonal and temporary roadside sales locations and facilities less than 1,000 square
feet in area and not requiring Special Approval Use authorization.
(Ord. No. 53, § 1(8.A.01), 4-19-1995; Ord. No. 77, art. XVII, 6-3-1998; Ord. No. 79, art. 1, 7-7-1999;
Ord. No. 2006-02, § 28, 5-3-2006)
Sec. 40-813. - Site plan content requirements.
A site plan submitted for review and approval shall include all of the following data prior to its
submission to the Planning Commission, unless the Planning Commission decides that some of the
information is not reasonably necessary:
(1)
An overall plot plan for the entire development based upon an accurate certified land survey.
(2)
The applicants' and owners' names, addresses and telephone numbers.
(3) Location, size and Uses of all existing and proposed Buildings, Structures, or other
Improvements.
(4) Location and dimensions of all existing and proposed Streets, drives, Parking Areas,
right-of-way lines and easements.
(5) Location, availability and compatibility of all existing and proposed water lines, shutoff valves,
sewers, septic tanks, septic drainfields, electric lines, gas lines and other utility lines.
(6) Elevation and location of existing stormwater drainage courses, county drains and associated
bodies of water on site and within 150 feet of the site.
(7)
Location of existing natural resource features, including slopes greater than ten percent,
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woodlands, ground cover and wetlands.
(8) Existing topography with a maximum contour interval of two feet on the Parcel and beyond
the Parcel for a distance of 150 feet in all directions.
(9) Grading plan, showing finished contours at a maximum interval of two feet, correlated with
existing contours so as to clearly indicate required cutting, filling and grading.
(10) Soil characteristics of the Parcel and 150 feet beyond the Parcel in all directions, at least to
the detail provided by the U.S. Soil Conservation Service, "Soil Survey of Allegan County,
Michigan, 1980"; delineation of the 100-year floodplain and any existing or proposed Uses therein.
(11) Identification of existing trees and vegetation to be preserved.
(12) A landscape plan showing screening, greenbelts, buffering and fences with reference to type
of materials, dimensions and character.
(13) Refuse and service areas, trash receptacle pad location, access and method of screening.
(14) Elevations and details of proposed ditches and stormwater drainage courses and associated
bodies of water on site and within 150 feet of the site.
(15) Location of existing and proposed Lot Lines.
(16) Loading and unloading facilities and internal vehicle circulation.
(17) Exterior lighting locations and illumination patterns.
(18) Signs.
(19) Current land Uses, zoning classifications and location of existing Structures for a distance of
150 feet beyond the Parcel in all directions.
(20) Stormwater control facilities and Structures including storm sewers, swales, retention and
detention basins, drainageways and other facilities, including calculations for capacity sizes.
(21) Existing and proposed sanitary sewers, sizes and pump stations.
(22) The date, including revisions, title block, north point and scale. The scale shall be not less
than one inch equals 50 feet if the subject property is less than three acres and one inch equals
100 feet if the subject property is three acres or more.
(23) Proposed location of acceleration, deceleration, passing lanes and entry approaches.
(24) Proposed location of Street intersections, access drives, sidewalks, bikepaths, curbing and
areas for public Use.
(25) Existing and proposed fuel and chemical storage tanks; spill containment Structures; and any
storage, loading and disposal areas for chemicals, hazardous substances, salt and fuels.
(26) The name of the professional individual, if any, responsible for the preparation of the site
plan.
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(27) Proof of payment of all township fees for site plan review.
(28) Architectural and Building elevation drawings prepared in compliance with the standards and
guidelines of section 40-662, Building design and architectural standards for specified Uses.
(29) The period of time within which the project will be completed.
(30) Proposed staging of the project, if any.
(31) Gross areas of Buildings and parking.
(32) A description of all aspects of the site plan which might have an adverse effect on public
health, safety and welfare.
(33) Current proof of ownership of the Parcel to be utilized or evidence of a contractual ability to
acquire such Parcel, such as an option or purchase contract.
(34) Method of financing and commitments, or other proof of ability to obtain financing for the
project.
(35) Additional information which the Planning Commission may request which is reasonably
necessary to evaluate the site plan.
(Ord. No. 53, § 1(8.A.02), 4-19-1995; Ord. No. 2006-02, § 27, 5-3-2006)
Sec. 40-814. - Additional site plan content requirements for multiple-Family developments.
Additional site plan content requirements for multiple-Family developments shall include the following:
(1)
Density calculations by type of unit by bedroom counts.
(2)
Designation of units by type and number of units in each Building.
(3)
Carport and/or unattached Garage locations and details where proposed.
(4)
Specific amount and location of recreation areas.
(5)
Type of recreation facilities to be provided in recreation areas.
(6)
Details of community Buildings and fencing of swimming pools, if proposed.
(Ord. No. 53, § 1(8.A.03), 4-19-1995)
Sec. 40-815. - Additional site plan content requirements for Commercial, office, and industrial
developments.
Additional site plan content requirements for Commercial, office, and industrial developments include
the following:
(1)
Location and dimensions of all loading and unloading areas.
(2) Total and usable floor space and details of proposed Uses of all Buildings, Structures,
facilities and other Improvements.
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(3)
Proposed number of employees in peak usage.
(4)
Details of fire suppression measures.
(Ord. No. 53, § 1(8.A.04), 4-19-1995)
Sec. 40-816. - Standards for granting approval.
(a) The Planning Commission shall review all site plans which meet the content requirements in this
article.
(b) The Planning Commission must find the site plan meets the following standards and other relevant
standards specified in this chapter before granting any site plan approval. The site plan shall be
approved by the Planning Commission upon its finding that all of the following standards and all
relevant standards specified in other sections of this chapter are met:
(1) All elements of the site plan shall be harmoniously and efficiently organized in relation to
topography, the size and type of Lot, the character of adjoining property and the type and size of
Buildings. The site shall be so developed as not to impede the normal and orderly development or
improvement of surrounding property for Uses permitted in this chapter.
(2) The landscape shall be preserved in its natural state and contour, insofar as practicable, by
absolutely minimizing cutting, filling, grading, and tree and soil removal. Any topographic
modifications shall result in maximum harmony with adjacent areas.
(3) Natural resource features, including without limitation lakes, ponds, streams, wetlands, steep
slopes, groundwater and woodlands, shall be preserved to the maximum practicable extent by
development in a manner which will not unnecessarily or unreasonably detrimentally affect or
destroy such features.
(4) Special attention shall be given to provide proper site drainage so that removal of
stormwaters will not adversely affect neighboring properties or cause soil erosion or
sedimentation. Stormwater flows off site shall not exceed the basic rate of agricultural flow based
upon rainfall amounts generated in back-to-back 100-year storms.
(5) Stormwater management systems and facilities shall preserve the natural drainage
characteristics and will not substantially reduce or increase the natural retention or storage
capacity of any wetland, water body or watercourse or cause alterations which could increase
flooding or water pollution on or off site.
(6) The site plan shall provide reasonable visual and sound privacy for all Dwelling Units located
therein and adjacent thereto. Fences, walks, greenbelts, barriers and landscaping shall be used,
as appropriate, for the protection and enhancement of property and for the privacy of its occupants
and of adjacent property occupants.
(7) Proper access to all portions of the Parcel and all sides of any Structure and group of
Structures shall be provided to permit emergency vehicle access by some practical means. All
driveways and Parking Lot lanes necessary to provide emergency vehicle access shall be a
minimum of 18 feet in width, and overhead clearance shall be a minimum height of 14 feet.
(8) Every Structure shall have access to a public Street, walkway or other area dedicated to
common use. Entrance approaches shall generally provide for acceleration, deceleration and
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passing lanes to preserve safety and convenience of vehicular and pedestrian traffic.
(9) There shall be a proper relationship between major thoroughfares and proposed service
drives, driveways, Parking Areas and emergency access routes.
(10) There shall be provided a pedestrian circulation system which is insulated as completely as
reasonably practicable from the vehicular circulating system.
(11) All loading and unloading areas and outside storage areas, including areas for storage of
trash or recycle items, which face or are visible from residential properties or public thoroughfares
shall be visually screened by a vertical screen consisting of structural (fence) or plant materials no
less than six feet in height. Any such plant materials shall be evergreen trees or shrubs which are
spaced so they provide a continuous screen within three years.
(12) Exterior lighting shall be so arranged that it is deflected away from adjacent properties and
shall not impede the vision of traffic along adjacent Streets or drives.
(13) The arrangement of public or common ways for vehicular and pedestrian circulation shall be
compatible with the pattern of existing or planned Streets and pedestrian or bicycle pathways in
the area.
(14) All Streets shall be developed in accordance with chapter 20, article III, pertaining to
subdivision control, and county road commission specifications.
(15) Wastewater treatment systems, including on-site septic systems, will be located to minimize
any potential degradation of surface water or groundwater quality. Septic system drainfields shall
be set back from the Shoreline of lakes, streams, or wetlands no less than 100 feet.
(16) Sites which include facilities or areas for storage of hazardous materials, waste, fuels, salts,
or any other chemicals shall be designed to prevent spills or discharges of such chemicals to the
surface of the ground, groundwater, or nearby water bodies.
(17) No storage areas shall be located in any emergency access area, any vehicular or
pedestrian or bicycle circulation routes, or any required parking or loading spaces.
(18) Any outdoor storage shall be strictly and clearly incidental to the Principal Use. Only products
and materials used for or produced by the Principal Use and only equipment used for and
operated in direct connection with the Principal Use shall be permitted for storage.
(19) No Use shall create any electrical, electromagnetic, radio frequency or other similar
interference or disturbance that adversely affects any operations of equipment other than those of
the creator of such interference or disturbance.
(20) All solid, liquid, and sanitary waste shall be treated and disposed of in accordance with the
standards of the county health department, the appropriate state agency and any other applicable
governmental organization having jurisdiction.
(21) The proposed site plan and Use must be in compliance with all other applicable sections of
this chapter and all other applicable township ordinances; fire codes; county requirements,
including but not limited to the county drain commissioner, county road commission, county soil
erosion and sedimentation control, and county health department; and any other applicable
requirements of local, state and federal statutes, agencies and administrative orders, including but
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not limited to those of the appropriate state agency and the National Pollutant Discharge
Elimination System (NPDES).
(Ord. No. 53, § 1(8.A.05), 4-19-1995)
Sec. 40-817. - Conditional site plan approvals.
In approving a site plan, the Planning Commission may impose and attach such conditions and
restrictions and require such Improvements as shall be determined to be necessary and/or appropriate.
(Ord. No. 53, § 1(8.A.06), 4-19-1995)
Sec. 40-818. - Building Permit.
(a) After a site plan for any project has been approved and filed with the Zoning Administrator and
upon satisfaction of any conditions of such approval and compliance with this chapter and any other
township ordinances, a Building Permit may be issued.
(b) Any Building Permit issued shall provide that the development be completed in accordance with
the approved site plan, and failure to conform to such site plan shall be a violation of this chapter and
cause for revocation of the Building Permit.
(c) Site plan approval is valid for a period of one year from the date of Planning Commission action.
Within that year, substantial progress towards completion of the site plan must be achieved; after that
year, progress must continue at a reasonable pace to full completion. If these requirements are not
met, the Planning Commission may in its discretion grant an extension or allow the site plan approval to
become invalid and void. In deciding whether to grant an extension, the Planning Commission shall
consider the following standards:
(1)
Whether the construction encountered unforeseen difficulties; and
(2)
Whether the construction is now ready to proceed to completion.
(Ord. No. 53, § 1(8.A.07), 4-19-1995)
Sec. 40-819. - Improvements; financial and performance guarantees.
(a) For purposes of this section, the term "Improvements" means those features and actions
associated with the project which are considered necessary by the Planning Commission to protect
natural resources or the health, safety and welfare of the township residents and future users or
inhabitants of the proposed Use, including but not limited to roadways, utilities, drainage, lighting,
sidewalks and screening. Improvements do not include the entire project for which site plan approval is
sought.
(b) To ensure compliance with this chapter and any conditions imposed under this chapter and to
protect the natural resources and the health, safety and welfare of the residents of the township and
future users or inhabitants of an area for which a site plan for a proposed Use has been submitted, the
Planning Commission shall require a financial guarantee as a condition of site plan approval. The
financial guarantee shall consist of a cash deposit, certified check, or irrevocable bank letter of credit
acceptable to the township, covering the township's estimate of the cost of the Improvements
associated with the project for which site plan approval is sought. The financial guarantee shall be
deposited with the township clerk to ensure faithful completion of the Improvements. The performance
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guarantee shall be so deposited at the time of issuance of the permit authorizing the project for which
site plan approval is sought. If the performance guarantee is an irrevocable bank letter of credit, it shall
not be accepted by the township clerk unless any expiration date of such letter is at least 60 days later
than the date by which the Improvements are to be completed. If a cash deposit is made, the Planning
Commission shall rebate portions of the cash deposit to the depositor, on request, in reasonable
proportion to the ratio of work completed on the required Improvements as work progresses.
(c) If the applicant defaults in making the Improvements for which the performance guarantee was
required, the township shall have the right to use the performance guarantee deposited and any
interest earned thereon to complete the Improvements through contract or otherwise, including
specifically the right to enter upon the subject property to make the Improvements.
(d) At the time the performance guarantee is deposited with the township clerk and prior to issuance
of a Building Permit, the applicant shall enter into an agreement incorporating this section with the
township regarding the performance guarantee.
(Ord. No. 53, § 1(8.A.08), 4-19-1995)
Sec. 40-820. - Site plan modification.
Once site plan approval has been granted by the Planning Commission, changes to the site plan shall
require a resubmission and payment of fees.
(Ord. No. 53, § 1(8.A.09), 4-19-1995)
Secs. 40-821—40-845. - Reserved.
(49)
State Law reference— Site plan, MCL 125.286e. (Back)
ARTICLE X. - ACCESS MANAGEMENT
Sec. 40-848. - General access requirements.
Sec. 40-849. - Driveway spacing and location.
Sec. 40-850. - Waivers.
Secs. 40-851—40-875. - Reserved.
The intent of this article is to provide standards to facilitate traffic operations and improve public safety
along the Blue Star Highway and other Arterial Streets as identified in the township comprehensive
plan. The standards in this article are intended to:
(1) Carry out the recommendations of the comprehensive plan and the Blue Star Highway
Corridor Study Access Management Plan and Controls;
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(2)
Protect the public investment in its main roadways; and
(3) Minimize congestion and accident potential while still providing property owners with
reasonable but not necessarily direct access to abutting roadways.
(Ord. No. 77, art. X(8.B.01), 6-3-1998)
(a) The standards of this article shall apply to all arterial roadways as identified in the township
comprehensive plan. All Uses along such roadways for which site plan review is required, and only
such Uses, shall be subject to these standards and regulations. Refer to article IX of this chapter.
(b) In addition to meeting the standards of this article, approvals may also be required from the
appropriate state agency and the county road commission. If there is a conflicting standard, the most
stringent shall apply.
(Ord. No. 77, art. X(8.B.02), 6-3-1998)
Sec. 40-848. - General access requirements.
(a) Authority. The Planning Commission shall have the authority to require a front or rear service drive
for contiguous Parcels along the Blue Star Highway or on other Arterial Streets. The Planning
Commission shall also have the authority to limit the number of driveways for a site, to require that
Parking Lots on contiguous Parcels be connected, that driveways for contiguous Parcels be shared,
that opposite driveways be directly aligned and that specific turning movements be restricted or
prohibited. In determining whether to impose such Access Control measures, the following criteria may
be considered:
(1)
The type and location of Commercial Uses on the site and adjacent to the site.
(2)
The location, size and design of existing and proposed Parking Areas.
(3)
The existing and projected traffic volume on the roadway and adjacent roadways.
(4)
Compatibility between adjacent land Uses and likelihood of change or expansion.
(5)
Number of Parcels involved, location of Lot Lines and amount of road frontage.
(6)
Topography and site distance along adjacent roadways and on the site.
(7)
Distance from intersections.
(8)
Location of driveways opposite the site.
(9)
Width of roadway and number of lanes.
(10) Environmental limitations (steep slopes, water, or vegetation).
(11) Sufficient Building Setback.
(12) Any specific recommendations of the township comprehensive plan.
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(13) The results of a traffic impact assessment or study, if conducted.
(b)
Number of driveways. The number of driveways shall be as follows:
(1) Unless otherwise warranted under subsection (b)(2) of this section, access to an Arterial
Street for an individual Parcel or two contiguous Parcels under the same ownership shall be
limited to either a single two-way driveway or a paired driveway system wherein one driveway is
designed and appropriately marked to accommodate ingress traffic and the other to accommodate
egress traffic.
(2) For developments having less than 300 feet of frontage that can demonstrate that their
combined driveway approach volumes (entering and exiting) will exceed 3,000 vehicles during an
average day or will be used by at least 300 vehicles during the peak hour of traffic, a second
driveway may be allowed along the Arterial Street, provided that the Parcel lacks access to
secondary Streets and the additional driveway can meet the spacing standards of this article.
(3) For Parcels with Arterial Street frontage of at least 300 feet, an additional driveway may be
allowed, with another driveway allowed for each 300 feet of frontage thereafter, provided that
these driveways meet the spacing standards of this article.
(4) Where Parcels have dual frontage on both a side (cross) Street and Arterial Street, access
shall be provided off the secondary Street. If the Parcel has a minimum of 300 feet of Arterial
Street frontage, additional access may be allowed along the Arterial Street, provided that the
access meets the spacing standards of this article.
(c) Temporary and shared driveways, rear service drives, Parking Lot connections and front service
drives. Standards for temporary and shared driveways, rear service drives, Parking Lot connections
and front service drives are as follows:
(1) Temporary access. When a Parcel should not be allowed to have permanent direct driveway
access onto the Arterial Street due to a previously planned or a required shared drive, Parking Lot
connection, frontage road or rear service drive, a temporary direct access may be granted if the
adjoining Parcels are undeveloped. Approval of a temporary driveway permit by the Planning
Commission shall specify the future means and location of the permanent access, as well as when
such access will be provided. The property owner shall record with the township and the county
register of deeds a temporary access agreement noting these items as well as a statement that
the temporary driveway will be closed at no cost to the township at such time as access becomes
available through the development of adjoining properties.
(2) Shared driveways. Sharing or joint use of a driveway by two or more properties may be
required. When access is restricted by the driveway spacing requirements of this article, a shared
driveway may be the only access allowed. The shared driveway shall be constructed, as near as
practical, to straddle the common property line. A written easement and maintenance agreement
shall be provided and legally recorded with the county register of deeds which allows traffic to
travel across one Parcel to access another and to access the public Street.
(3)
Rear service drives and Parking Lot connections.
a. Where a proposed Parking Lot is adjacent to an existing Parking Lot of a similar Use,
there shall be a vehicular connection between the two Parking Lots where possible, as
determined by the Planning Commission according to the criteria of this section. For
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developments adjacent to vacant properties, the site shall be designed to provide for a future
connection.
b. Parcels may be required to construct a rear service drive especially for locations where
connections to a side Street is available. Connecting the Parking Area to Parking Areas on
adjacent Parcels may also be required. Direct driveway connections to the Arterial Street
may also be allowed if the driveways meet the spacing requirements of this article.
c.
If a Parcel with an established Commercial Use is divided to allow for an additional
Commercial Use, an additional driveway for that Use will only be permitted if the driveway
spacing requirements of this article are met. Both the original and the additional Commercial
Use shall be required to construct an adjoining connected Parking Lot and may be required
to construct a connecting rear service drive.
d. If two or more existing contiguous Parcels with noncommercial Uses together comprise
less than 300 feet of road frontage, and if any of those Parcels converts to a Commercial Use
or any other Use for which site plan review is required, the construction of a rear or front
service drive or connected Parking Lots shall be required. As additional contiguous Parcels
convert to Commercial Uses, they shall be required to construct additional segments of the
service drive. These Parcels shall eventually be served by common driveway access, the
placement of which shall be determined by driveway spacing standards contained in this
article.
(4) Front service drives. Front service drives may be required for locations where construction of
rear service driveways is not practical. When a front service drive exists or is proposed on an
approved site plan for an adjoining Lot or Parcel, access shall be provided via such service road,
rather than by direct connection to the Arterial Street, except as may be temporarily permitted by
subsection (c)(1) of this section.
(d)
Design and construction. Standards for design and construction are as follows:
(1) Rear and front service drives required under this article shall be constructed to the following
standards:
a. The drives shall have a minimum width of 26 feet, measured edge to edge or face to
face of curb, with an approach width of 39 feet at intersections with driveways.
b. The geometrics of rear or front service drive intersections with the public Street shall be
approved by the county road commission.
c.
Front service drives shall have a minimum Setback of 30 feet from the right-of-way to
the edge of pavement or curb, with a minimum of 60 feet of storage at the intersection for
entering and exiting vehicles as measured from the pavement edge. At driveways where it is
found that traffic volumes will exceed 1,000 vehicles per day, a minimum of 80 feet of
stacking space shall be required.
d. A front or rear service drive intersection with a side Street shall be at least 250 feet from
the centerline of the nearest intersecting Arterial Street.
e. Parking shall be prohibited along service drives. One-way or two-way drives designed
with additional width for parallel parking may be allowed if it is demonstrated through traffic
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studies that the parking will not significantly affect the safety or operation of the rear or front
service drive. Perpendicular or angle parking along either side of a designated front or rear
service drive shall be prohibited.
(2)
Curb radii shall be as follows:
a. Driveways shall be designed with minimum 25-foot radii where primarily passenger
vehicle traffic is expected.
b. For sites where truck traffic is expected, the driveways shall be designed with minimum
35-foot radii.
(3)
Standards for deceleration lanes and tapers are as follows:
a. A right turn taper, deceleration lane and/or left turn bypass lane may be required to be
built according to the standards of the county road commission, as determined by the
Planning Commission or the county road commission.
b. For driveways located along Streets without an exclusive left turn lane, a bypass lane
may be required. Such a lane shall be determined by and designed to the standards utilized
by the county road commission.
(Ord. No. 77, art. X(8.B.03), 6-3-1998)
Sec. 40-849. - Driveway spacing and location.
Driveways shall be located according to the following standards:
(1)
Driveway spacing and location from intersections shall be as follows:
a. Driveway spacing from intersections shall be measured from the centerline of the
driveway to the edge of the travel lane on the intersecting Street measured at the
right-of-way line.
b. The minimum distance between a driveway and an intersecting Street shall be based on
the following:
DRIVEWAY SPACING FROM STREET INTERSECTIONS
Intersecting Street
Arterial or signalized nonarterial
Other nonsignalized Street
(2)
Full Movement
Driveway
250 feet
100 feet
Channelized for Right Turn In,
Right Turn Out Only
100 feet
75 feet
Driveway spacing from other driveways shall be as follows:
a. There shall be minimum spacing of 25 feet between the centerline of a driveway and the
adjacent property line, not including the right turn lane and/or taper. The centerline for
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channelized driveways is measured at the Street right-of-way line. This requirement does not
apply to shared driveways.
b. Minimum driveway spacing requirements shall be determined based on posted speed
limits along the Parcel frontage, as indicated in the following table. These spacings are based
on average vehicle acceleration and deceleration rates and are intended to maintain safe
traffic operation. The spacing is measured from the centerline of the proposed driveway to
the centerline of the nearest existing driveway, both measured at the Street right-of-way line.
REQUIRED SPACING BETWEEN DRIVEWAYS
Legal Driving Speed Limit on the Public Roads
which Adjoin or Abut the Proposed Driveway
(mph)
25 mph or less
30
35
40
45
50 or over
c.
Minimum Spacing (feet)
100
125
150
185
230
275
Reserved.
(Ord. No. 77, art. X(8.B.04), 6-3-1998; Ord. No. 2006-02, § 34, 5-3-2006)
Sec. 40-850. - Waivers.
During site plan review the Planning Commission shall, on its own initiative or upon the request of an
applicant, have the authority to waive or otherwise modify the standards of this article. A waiver or
partial waiver may be granted following an analysis of suitable alternatives that substantially achieve
the intent of this article. The proposed alternative location and/or design must be approved by the
county road commission or the Michigan Department of Transportation, as applicable. The Planning
Commission must also ensure that one or more of the following conditions exist:
(a) A particular existing Parcel or Parcels of record lack sufficient Street frontage to maintain the
required spacing and the location of the access drive or access via a shared driveway or front or
rear service drive is not possible or is impractical due to a documented inability to achieve
agreement with adjacent land owners, the presence of existing Buildings, sensitive or highly
desirable environmental attributes, or other topographic conditions;
(b) Street improvements (such as the addition of a traffic signal, a center turn lane or bypass
lane) will be made to improve overall traffic operations prior to project completion or occupancy of
the Building; or
(c) Use involves the redesign of an existing development or a new Use, which will generate less
traffic than the previous Use.
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(Ord. No. 2006-02, § 34, 5-3-2006)
Secs. 40-851—40-875. - Reserved.
ARTICLE XI. - LANDSCAPE STANDARDS
Sec. 40-877. - Buffer Yards required.
Sec. 40-878. - Minimum landscaping within required Buffer Yards.
Sec. 40-879. - Off-Street Parking Areas.
Sec. 40-880. - General landscape standards.
Secs. 40-881—40-905. - Reserved.
It is the purpose of this article to require buffer zones and landscape screening to improve aesthetics, to
reduce the negative impacts between incompatible land Uses and to provide for landscaping within
Parking Lots. It is further intended to preserve and enhance the character, privacy and land values of
the township.
(Ord. No. 77, art. XI(8.C.01), 6-3-1998)
Sec. 40-877. - Buffer Yards required.
(a) Each Use permitted on a Lot or Parcel located in a C-l, C-2, C-3 or I-1 district shall provide a
Buffer Yard within each Front, Side and Rear Yard. The Buffer Yards shall begin at the right-of-way line
in Front Yards and the side and rear property lines in Side and Rear Yards. Buffer Yards shall be
landscaped and maintained in accordance with the standards and guidelines contained in this article.
Buffer Yards shall be required to run the entire length of the property line or Street frontage, except in
driveways or joint Parking Areas.
(b)
The width of required Buffer Yards are as follows:
(1)
Front Yard: 40 feet.
(2) Side Yard: 15 feet, increased to 20 feet when adjacent to a residential zoning district, and
increased to 40 feet for the public Street side of a Corner Lot.
(3) Rear Yard: ten feet increased to 20 feet when adjacent to a residential or agricultural zoning
district.
(Ord. No. 77, art. XI(8.C.02), 6-3-1998; Ord. No. 2006-02, § 31, 5-3-2006)
Sec. 40-878. - Minimum landscaping within required Buffer Yards.
(a) Minimum landscape requirements. The following table indicates the minimum landscape
requirements for Buffer Yards as required under section 40-877
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QUANTITY OF PLANT MATERIALS IN BUFFER YARD PER 100 LINEAR FEET
Plant Type
Deciduous canopy tree
Deciduous ornamental tree
Shrubs (deciduous or evergreen)
Evergreen/conifer tree
Rear
1
1
8
Side
2
1
5
4
Street
2
3
9
4
(b) Walkway or bicycle pathway. A required Buffer Yard may contain a walkway or bicycle pathway,
provided that its location within the public right-of-way is shown to be not feasible and the required
amount of plant material is provided.
(c) Stormwater retention/detention facilities. Stormwater retention/detention facilities may extend into
Buffer Yards where it can be demonstrated that all planting requirements are met, the desired effects
provided by the Buffer Yard will be fully achieved, and ponding will not jeopardize the survival of the
plant materials.
(d) Placement of required plantings. Required plantings for a Buffer Yard must be planted in or within
ten feet of the required Buffer Yard. If located farther outside the Buffer Yard, justification must be
shown.
(e) Existing plant materials. Existing plant materials which satisfy the minimum size requirements set
forth in this section and all other requirements or specifications of this section may justify the granting of
a waiver or partial waiver under section 40-880(n).
(f) Minimum plant size. New plant materials must meet the minimum plant size requirements
contained in the following table when in a required planting:
MINIMUM PLANTING SIZE
Plant Type
Front Buffer Yards
Deciduous canopy tree
Ornamental understory tree
Evergreen tree
Shrub (upright)
Shrub (spreading)
2-inch caliper
1½-inch caliper
5 feet (height)
24 inches (height)
18 inches (average spread)
Plantings in Side and Rear
Buffer Yards and All Other
Required Plantings
1½-inch caliper
4 feet (height)
4 feet (height)
15 inches (height)
12 inches (average spread)
(g) Applicability to existing Uses. The Buffer Yard landscaping requirements shall apply to all
expansions, renovations, or alterations which increase the size of an existing Structure or Building
cumulatively by at least 20 percent of its gross Floor Area as of the effective date of July 1, 1998.
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(h) Berms. Undulating earthen berms up to four feet in height above average surrounding grade are
encouraged. The Planning Commission may grant credit of up to 25 percent against the required Buffer
Yard plantings for berms three feet in height or greater above the average surrounding grade.
(Ord. No. 77, art. XI(8.C.03), 6-3-1998)
Sec. 40-879. - Off-Street Parking Areas.
(a) Off-Street Parking Areas shall be designed to minimize visual impact from the Street through the
use of ample plantings, the preservation of existing vegetation and by minimizing the amount of Motor
Vehicle parking located between the front facade of the principal Building(s) and the adjacent Street. To
achieve these objectives, 50 percent of the development site that is located between the front facade of
the principal Building(s) and the adjacent Street shall be maintained as vegetated landscaped area. In
addition, unless specifically authorized by the Planning Commission, no more than 20 percent of an
percent of the off-Street Parking Area in the Front Yard area, or may consider allowing less than 50
percent of the Front Yard area to be maintained as vegetated landscaped area, or may relax both
requirements, if the Parking Lot is designed to internally incorporate at least 30 square feet of
enhanced, quality landscape area internal to the Parking Area for each Parking Space (reference
section 40-647).
(b) Parking Lots in excess of 10,000 square feet shall not exceed 20 continuous Parking Spaces
without a break consisting of a defined landscape area. These areas consisting of islands, peninsula
and green strips, shall, unless otherwise approved by the Planning Commission, include trees to a
minimum height and diameter as specified in section 40-877. The landscape breaks may also
contribute to small-scale control of stormwater runoff and will be encouraged to serve as preservation
areas for the specimens or groupings of existing trees.
(c) Unless otherwise required to meet the landscaping objectives relating to Front Yard areas,
off-Street Parking Areas containing ten or more Parking Spaces shall be provided with landscaping in
accordance with the following:
6 through 100 spaces
101 through 200 spaces
201+ spaces
—1 canopy tree and 100 square feet of
landscaped area per 10 spaces;
—1 canopy tree and 60 square feet of landscaped
area per 15 spaces;
—1 canopy tree and 60 square feet of landscaped
area per 20 spaces.
(d) Required Buffer Yards or greenbelts shall not be considered as part of the off-Street parking
landscape area.
(Ord. No. 77, art. XI(8.C.04), 6-3-1998; Ord. No. 2006-02, § 32, 5-3-2006; Ord. No. 2007-03, § 8,
7-11-2007)
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Sec. 40-880. - General landscape standards.
(a) Unless specifically waived by the Planning Commission, all sites within the C-1, C-2 and C-3
districts shall be landscaped in accordance with a plan and specifications approved by the Planning
Commission as part of site plan approval. The entire disturbed area of the site not devoted to Floor
Area, parking, accessways or pedestrian use shall be appropriately landscaped with grass, canopy and
coniferous trees, shrubs and ground cover. Undisturbed areas of the site shall be left in a natural
vegetative state. Graded expansion areas may be placed in grass and kept weed free. Any areas,
which become disturbed for any reason, shall be restored in accordance with the original landscape
plan unless approved by the Planning Commission under article IX of this chapter.
(b)
Landscaping shall be installed within 180 days of completion of the Building or Structure.
(c) All landscaping shall be hardy plant materials and maintained thereafter in a neat and orderly
manner. Withered and/or dead plant materials shall be replaced within a reasonable period of time, but
no longer than one growing season.
(d) Adequate watering systems shall be provided on private property to service landscaped areas,
and such areas shall be neatly maintained, including mowing, fertilizing, and pruning.
(e) Parking and loading areas shall be landscaped and/or fenced in such a manner as to interrupt or
screen the areas from view.
(f) For the purpose of this section, a Corner Lot is considered as having two Front Yards, and the
appropriate landscaping shall be provided for both.
(g) The extensive use of cobblestone, crushed stones, or other nonliving material as ground cover is
discouraged.
(h) Where appropriate, plantings should be grouped or clustered to provide the maximum visual
effect.
(i)
Minimum plant material standards are as follows:
(1) All plant materials shall be hardy to the township, free of disease and insects, and shall
conform to the standards of the American Association of Nurserymen.
(2) All plant materials shall be installed in such a manner so as not to Alter drainage patterns on
site or adjacent properties or obstruct vision for reasons of safety, ingress or egress.
(3) All plant material shall be planted in a manner so as to not cause damage to utility lines
(above and below ground) and public roadways.
(4) Notwithstanding the list of prohibited plants under subsection (i)(6) of this section, existing
plant material which complies with the standards and intent of this chapter, as determined by the
Planning Commission, may be credited toward meeting the landscape requirements.
(5) The plant material shall achieve its horizontal and vertical screening effect within four years
of initial installation.
(6) The trees listed in the following table are prohibited as they split easily, their wood is brittle
and breaks easily, their roots clog drains and sewers, and they are unusually susceptible to
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disease or insect pests:
PROHIBITED TREES
Common Name
Box elder
Ginkgo
Honey locust
Mulberry
Poplars
Black locust
Willow
American elm
Siberian elm
Slippery elm; red elm
Chinese elm
(j)
Horticultural Name
Acer negundo
Ginkgo biloba (female only)
Gleditsia triacanthos (with thorns)
Morus species
Populus species
Robinia species
Salix species
Ulmus americana
U. pumila
U. rubra
U. parvifola
Minimum standards for berms are as follows:
(1) Berms shall be constructed so as to maintain a side slope not to exceed a one-foot rise to a
three-foot run ratio.
(2) Berm areas not containing planting beds shall be covered with grass or living ground cover
maintained in a healthy growing condition.
(3) Berms shall be constructed in such a manner so as not to Alter drainage patterns on site or
adjacent properties or obstruct vision for reasons of safety, ingress or egress.
(4) If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the
exterior of the site.
(k)
Minimum standards for screen walls and fences are as follows:
(1) All screen walls and fences shall be constructed with new, durable, weather-resistant and
easily maintainable materials. Chainlink and barbed wire fences are not permitted.
(2) The wall or fence may be constructed with openings that do not exceed 20 percent of the
wall surface. The openings shall not reduce the intended obscuring effect of the wall.
(3) Screen walls or fences shall not be constructed so as to Alter drainage on site or adjacent
properties or obstruct vision for reasons of ingress or egress.
(l) Solid waste dumpsters and recycling containers may be installed within Side and Rear Yard buffer
zones provided they are shielded by a continuous screen Privacy Fence at least six feet high.
(m) Requirements for projects developed in phases. If a project is constructed in phases, the
landscape screen may also be constructed in phases. The Planning Commission shall determine the
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extent of each phase on the following:
(1)
Adjacent land Uses.
(2)
Distance between land Uses.
(3)
Operational characteristic both on-site and off-site.
(4)
Building Heights.
(5)
Physical characteristics of the site such as topography, existing vegetation, etc.
(n) Landscaping waivers and related waivers justified to preserve valuable and substantial existing
vegetation. Should the Planning Commission determine, upon analysis and inspection, that unique or
mature groupings of trees or individual tree specimens exist and that preservation of one or more such
groupings or specimens justifies one or more modifications to the landscape requirements of this
article, the minimum parking and loading requirements of section 40-647, or the access management
standards of article X, the applicable zoning provisions may be modified or waived by the Planning
Commission. In determining if unique or mature groupings of trees or individual tree specimens exist
the Planning Commission shall use the definition of unique or mature trees in section 40-658(c). Criteria
which shall be used when the Planning Commission considers a landscaping waiver or a waiver of a
parking, loading or access management standard on the basis of preserving unique or mature
vegetation shall include, but shall not be limited to:
(1) The intent of the zoning provision being considered and the ability to satisfy the intent of the
requirement by reasonable alternative means and, when applicable, whether the waiver or
modification is supported by the county drain commission, county road commission, and/or the
Michigan Department of Transportation, as applicable;
(2)
Topography variations;
(3)
Existence, quality and health of the natural vegetation;
(4)
Existing and proposed Building placement;
(5)
Sight distances;
(6)
Adjacent land Uses and zoning; and
(7)
Existence of floodplain or poor soils areas.
(Ord. No. 77, art. XI(8.C.05), 6-3-1998; Ord. No. 2006-02, § 33, 5-3-2006)
Secs. 40-881—40-905. - Reserved.
ARTICLE XII. - WATER ACCESS AND DOCK DENSITY REGULATIONS [50]
(50)
Cross reference— Waterways, ch. 38.
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Sec. 40-906. - Intent and purpose.
Sec. 40-908. - Dock and Boat Slip density regulations.
Sec. 40-909. - Dock regulations.
Sec. 40-910. - Waterfront Access Property: Limitations and regulations.
Secs. 40-911—40-935. - Reserved.
Sec. 40-906. - Intent and purpose.
(a) The township, after extensive deliberations and discussions, has concluded that the use of water
resources situated within the township must be considered within the framework of the township's
longterm costs and benefits. Further, the township has concluded that it is desirable to retain and
maintain the physical, cultural and aesthetic characteristics of its Inland Waterways and its portion of
Lake Michigan.
(b) Pursuant to its deliberations and discussions, the township has concluded that a lack of regulation
regarding the density of Docks on and general access to Inland Waterways and Lake Michigan within
or adjacent to the township has resulted in a Nuisance condition and an impairment of irreplaceable
natural resources of the township. Further, the lack of regulation is resulting in the destruction of
property values and constitutes a threat to the public health, safety and welfare of all persons utilizing
these Inland Waterways and Lake Michigan and occupying adjacent properties within the township.
Consequently, the township desires to adopt reasonable regulations regarding Dock density and
general water access to protect the public health, safety and welfare, as well as the irreplaceable
natural resources of the township.
(c) The township has further concluded that regulation of water access and Dock density will help
reduce conflicts which occur between residential single-Family use of the waterfront and shared
waterfront use.
(Ord. No. 81, § 1(8.C.01), 9-15-1999)
Access envelope means an area extending over the water surface. The sides are formed by lines
extending from the Side Lot Lines of a Lot or Parcel (or condominium unit treated as a Lot or Parcel)
that is immediately adjacent to an Inland Waterway, to a point at the center of the Inland Waterway.
This denotes the area limits of certain activities regulated in this article.
Anchored Rafts means all types of nonpowered rafts used for recreational purposes which are
anchored seasonally on Inland Waterways of this township.
Boat, Vessel, or Watercraft are interchangeable terms and mean every description of a contrivance
used or capable of being used as a means of transportation on water.
Boat Slip or Slip means an improved Watercraft docking space partially above and partially in the
water, or a vertical Boat lift mechanism, offering sufficient draft and design to be capable of securing
and providing boarding access to one or more Boats. A Boat Slip may be a partially submerged natural
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or manmade ramp or may be part of a Pier or Dock. Boat Slips with a draft capable of accommodating
the following types of Vessels are subject to the limitations contained in this section:
(1)
Boat Slips for Vessels required by the State of Michigan to be registered; or
(2) Boat Slips for Vessels of equal or greater size to a Vessel required to be registered by the
state but which is, for reasons of foreign origin or public ownership, exempted from registration by
the state.
Boat Slips for small and very shallow draft private Vessels and unimproved beach and shoreline areas
used for the incidental beaching of such private Vessels are exempt from the regulations of this section
and of this article. Vessels accommodated by this exemption include rowboats and sailboats less than
16 feet in length, rafts, paddleboats, swim floats, canoes and kayaks, all not required to be registered
by the state.
Designated Waterfront Activity Area means the area defined and located on Waterfront Access
Property within which on-shore activities such as Boat landing and active and passive recreational
activities are permitted.
Dock and Docking mean the mooring of a vessel directly to a Pier, which is a platform or other
permanent or seasonal fixture extending from the shore, and directly accessible to Water Frontage; it
also means the regular anchoring of a vessel adjacent to Water Frontage.
Inland Waterways means Goshorn Lake, Silver Lake and the Kalamazoo River.
Launch means the entry of a vessel into the Inland Waterways of this township, but not including the
entry of a vessel into the Inland Waterways from a public Launch area approved or designated by the
Shared Waterfront Property Ownership means the multiple or divided interest in property having
frontage on Inland Waterways or Lake Michigan, through deed, land contract, nonexclusive easement
or other form of dedication or conveyance, which ownership is shared by two or more persons.
Waterfront Access Property means a Lot or Parcel or two or more contiguous Lots or Parcels (or
condominium units treated as Lots or Parcels), abutting an Inland Waterway or other inland lake or
Lake Michigan, used or intended to be used in whole or in part by persons having Shared Waterfront
Property Ownership at that location, for gaining pedestrian or vehicle access to the Water Frontage of
an Inland Waterway or other inland lake or Lake Michigan from land without Water Frontage.
Waterfront access over the Waterfront Access Property may be gained by easement, common fee
ownership, lease, or other form of dedication or conveyance. The dedication or conveyance may or
may not entitle physical interaction with the water body itself and may or may not otherwise entitle or
limit the use and purposes of the Waterfront Access Property.
Water frontage means that portion of a Lot or Parcel, existing on documentation recorded with the
county register of deeds, which abuts or intersects with Inland Waterways or Lake Michigan, whether
such Lot or Parcel is owned by one or more persons. The length of Water Frontage shall be the linear
measure along the Water's Edge.
(Ord. No. 81, § 1(8.C.02), 9-15-1999; Ord. No. 2009-03, §§ 4, 5, 5-6-2009; Ord. No. 2010-01, § 3,
12-1-2010)
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Sec. 40-908. - Dock and Boat Slip density regulations.
These regulations are intended to limit the density of Docks and the number of Boat Slips in those
zoned districts where Docks are permitted, except that Boat Slip areas for small and very shallow draft
private Vessels and unimproved beach and shoreline areas used for the incidental beaching of such
private Vessels are exempt from the regulations of this section. Vessels accommodated by this
exemption include rowboats and sailboats less than 16 feet in length, rafts, paddleboats, swim floats,
canoes and kayaks, all are not required to be registered by the state. Docks and Boat Slips in all zoned
districts are subject to the applicable rules of Parts 301 and 303 of Public Act No. 451 of 1994.
On any Lot with Water Frontage, the density of Docks and the number of Boat Slips subject to these
regulations shall be as follows:
Body of
Water
Length of Water Frontage
Lake Michigan and Inland
Waterways not governed by the
natural river overlay district
Existing Lots of record
prior to September 15,
1999 with less than 50
feet of Water Frontage:
Existing Lots of record prior to September 15,
1999 with at least 50 but less than 100 feet of
Water Frontage:
Lots with at least 100 feet of Water Frontage:
Inland
Waterwa
ys
governe
d by the
natural
river
overlay
district
Permitted Dock Density and Number of Boat
Slips
One Dock and two Boat Slips for a total docking
capacity of not more than two Boats.
Two Docks and four Boat Slips for a total docking
capacity of not more than four Boats.
One Dock and two Boat Slips for a total docking
capacity of not more than two Boats for each 50
feet of Water Frontage.
Each Dock must be constructed in accordance with the rules of Part 301 of Public Act No.
451 of 1994 (MCL 324.30101 et seq.); reasonable access for the Lot owner shall be
granted but the number of permitted Docks per Lot may be limited to no more than one.
Lots regulated by the natural river overlay district must comply with Sections 40-591(c)(1),
(4), (9) and (10) and Section 40-591(d), and any other applicable regulations.
(Ord. No. 81, § 1(8.C.03), 9-15-1999; Ord. No. 2009-03, § 6, 5-6-2009; Ord. No. 2010-01, § 4,
12-1-2010)
Editor's note— Ord. No. 2009-03, § 6, adopted May 6, 2009, amended § 40-908 title to read as herein set out. Former
§ 40-908 title pertained to Vessel regulations.
Page 375 of 415
CODE OF ORDINANCES
Sec. 40-909. - Dock regulations.
(a) Prior to the construction or installation of any permanent or seasonal Dock or Boat Slip
subsequent to September 15, 1999, the owner of the Water Frontage from which the proposed Dock
would extend must submit the plans for the proposed Dock to the township and receive township
authorization from the Zoning Administrator to construct or install the proposed Dock. For the purpose
of this section any permanent or seasonal Dock or Boat Slip that is installed or intended to be installed
for more than 30 days is subject to these regulations.
(b) No Dock may be constructed or installed unless and until it has received all required approvals
from all federal, state and county agencies having jurisdiction.
(c)
Anchored Rafts shall not be used for vessel Docking, Launching or mooring purposes.
(d) On Lots of record created subsequent to the effective date of this subsection (;daterule;,
200;#rule;), each Dock shall be set back a minimum of 20 feet from the Side Lot Lines as they intersect
with the water's edge and shall otherwise be located entirely within the access envelope. Docks shall
be designed, located and operated to avoid or minimize conflict with any other Docks.
(Ord. No. 81, § 1(8.C.04), 9-15-1999; Ord. No. 2009-03, §§ 7, 8, 5-6-2009)
Sec. 40-910. - Waterfront Access Property: Limitations and regulations.
In any zoning district where there is an intent to create or use a Lot or Parcel (or condominium unit
treated as a Lot or Parcel), easement, private park or common area for the purpose of providing shared
Water Frontage access, by deed or otherwise, the following standards shall apply:
(a)
Area Requirements:
(1) The Waterfront Access Property shall be a separately described easement or Lot or
Parcel (or condominium unit treated as a Lot or Parcel) or two or more contiguous Lots or
Parcels.
(2) The Waterfront Access Property shall encompass not less than the minimum Lot Area
and Lot Width required for platted single-family Lots located in the same zoning district as the
Waterfront Access Property. In zoning district provisions where a Lot Width is not specified
the minimum length of Water Frontage and Lot Width shall be 100 feet (as measured from at
least one point at the water's edge).
(3) The Waterfront Access Property shall have at least 33 feet of frontage on a Street or
Private Road unless it is adjacent to or connected by easement or other conveyance to land
without Water Frontage in a manner which complies with subsections (b) and (e) below.
(4) Waterfront access property may be bisected by a street or private road provided that
each portion of the Waterfront Access Property is opposite and contiguous to the other and
that each portion has measurable Lot Area outside of the Street or Private Road. On at least
one side of the Street or Private Road there shall be a Lot Depth of at least 30 feet to either
the Water's Edge or to the Rear Lot Line.
(b)
Easements:
(1)
There shall be only one designated area on a Waterfront Access Property used to
Page 376 of 415
CODE OF ORDINANCES
provide waterfront access. The width of the designated access area at the Water's Edge shall
be equal to the width of the Waterfront Access Property at that location. Within the
designated access area shall be a Designated Waterfront Activity area within which all
permitted waterfront activities shall be contained. The setbacks for the Designated Waterfront
Activity area from adjacent Lot Lines shall be as indicated in Table 40-910-1.
(2) Any easement or other instrument used to convey access over or within the Waterfront
Access Property or to provide connecting access to the Waterfront Access Property shall be
not less than 15 feet in width and shall meet the contiguity requirements of subsection (e).
The width of any connecting easement or street frontage shall be at least 33 feet where the
access is to accommodate motor vehicles required by law to be licensed and registered by
the state. All access easements and connecting easements shall be set back from adjacent
property that is not benefitted by the easement. The setbacks shall be equal to or greater
than the minimums established in Table 40-910-1.
(c) Number of permitted accesses and required setbacks. For purposes of this article,
"accesses" shall mean the Parcels or Lots, condominium units treated as Lots or Parcels, or
Dwelling Units permitted to share the waterfront access portion of the Waterfront Access Property.
The number of such accesses and the required setbacks for the easements and designated areas
facilitating the accesses shall be as follows:
Table 40-910-1
Number of Permitted Access
and Required Setbacks
Body of Water
Length of Water
Frontage
Providing
Waterfront Access
Inland Waterways 150 feet
governed by the
natural river
overlay district
Lake Michigan and
Four
Inland Waterways not
accesses
governed by the
natural river overlay
district 100 feet Four
Maximum Number of Accesses
Permitted (see subsection (d) for the
number of accesses that may be
allowed on Substandard Lots or
Parcels and Easements of record)
One access for each 150 feet
Page 377 of 415
Minimum Setback
of Access
Easements to and
Over Waterfront
Access Property
and of Designated
Waterfront Activity
Areas From
Adjacent
Non-benefiting
Property
10 feet
CODE OF ORDINANCES
More than 100
feet to 200 feet
More than 100
feet to 200 feet
accesses
100 feet
One access for
each 25 feet for a
total of not more
than eight
More than 200
feet to 300 feet
One access for
each 15 feet for a
total of not more
than 26
One access for
each 10 feet
One access for each 20 feet for a total
of not more than 15
Single-Family or Two-Family Dwelling Units1
Unimproved R-1 and R-2 and R-3 land which is
platted, has preliminary subdivision plan approval
which is not expired, or has PUD approval which
is not expired
Other unimproved residentially or agriculturally
zoned lands
Existing Multifamily Dwelling Units
Nonresidentially or nonagriculturally zoned lands
or nonresidential Uses, if not covered by any of
the above categories
20 feet
200 feet or three times the Height of the Tower,
whichever is greater
whichever is greater.
None; only Setbacks established by this chapter
apply.
1
Includes Modular Homes and Mobile Homes used for living purposes.
2
Separation measured from the base of the Tower to the closest Building Setback line.
b. Separation distances between Towers. Separation distances between Towers shall be
as follows:
1. Separation distances between Towers shall be applicable for and measured
between the proposed Tower and Preexisting Towers. The separation distances shall
be measured by drawing or following a straight line between the base of the existing
Tower and the proposed base, pursuant to a site plan of the proposed Tower.
Page 378 of 415
CODE OF ORDINANCES
2. Separation distances between Towers shall comply with the minimum distances
(listed in linear feet) established in the following table:
TABLE 2. EXISTING TOWERS TYPES
Proposed Tower
Lattice
Guyed
10,000
10,000
3,000
Monopole 75
Feet in Height
or Greater
3,000
3,000
3,000
Monopole
Less than 75
Feet in Height
1,500
1,500
1,500
Lattice
Guyed
Monopole 75 feet in Height or
greater
Monopole less than 75 feet in
Height
10,000
10,000
3,000
1,500
1,500
1,500
1,500
(7) Security fencing. Towers and support Structures, including guy wires, for which a Special
Approval Use permit is required, shall be enclosed by security fencing not less than six feet in
height. The Towers shall also be equipped with appropriate anticlimbing devices.
(8) Landscaping. The following requirements shall govern the landscaping surrounding Towers
for which a Special Approval Use permit is required; the required landscaping shall be maintained
for the duration of the Special Approval Use permit:
a. Tower facilities shall be landscaped with a buffer of plant materials that effectively
screens the view of the Tower compound from property then used for Dwellings,
Single-Family, Two-Family or Multifamily, or included in a residential zoning district. The
standard buffer shall consist of a landscaped strip at least four feet wide outside the
perimeter of the compound.
b. Existing mature tree growth and natural land forms on the site shall be preserved to the
maximum extent possible. In some cases, such as Towers sited on large wooded Lots, the
Planning Commission may conclude that natural growth around the property perimeter may
be a sufficient buffer.
(Ord. No. 74, § 4(3A.06), 1-21-1998)
Sec. 40-983. - Accessory utility Buildings.
All utility Buildings and Structures accessory to a Tower or an Antenna shall be architecturally designed
to blend in with the surrounding environment and shall meet the minimum Setback requirements of the
zoning district where the Tower or Antenna is located. Ground-mounted equipment shall be screened
from view by suitable vegetation, except where a design of nonvegetative screening better reflects and
complements the architectural character of the surrounding neighborhood.
(Ord. No. 74, § 4(3A.07), 1-21-1998)
Page 379 of 415
CODE OF ORDINANCES
Sec. 40-984. - Removal of abandoned Antennas and Towers.
Notwithstanding anything to the contrary elsewhere in this chapter, any Antenna or Tower that is not
operated for a continuous period of 12 months shall be considered abandoned, and the owner of such
Antenna or Tower shall remove the Antenna or Tower within 90 days of receipt of notice from the
township notifying the owner of such abandonment. Failure to remove an abandoned Antenna or Tower
within the 90 days shall be grounds for the township to proceed under applicable state law to remove
the Tower or Antenna at the owner's expense. If there are two or more users of a single Tower, this
section shall not become effective until all users cease using the Tower.
(Ord. No. 74, § 4(3A.08), 1-21-1998)
Sec. 40-985. - Expansion of Nonconforming Use.
Notwithstanding any other section of this chapter to the contrary, Towers that are constructed and
Antennas that are installed in accordance with this article shall not be deemed to be the expansion of a
Nonconforming Use or Structure.
(Ord. No. 74, § 4(3A.09), 1-21-1998)
Secs. 40-986—40-1010. - Reserved.
ARTICLE XV. - NONCONFORMING BUILDINGS, STRUCTURES AND USES [52]
(52)
State Law reference— Nonconforming uses, MCL 125.286.
Sec. 40-1011. - Continuance.
Sec. 40-1012. - Expansion.
Sec. 40-1013. - Restoration and repair.
Sec. 40-1014. - Change or discontinuance.
Sec. 40-1015. - Existing Building or Structure under construction.
Sec. 40-1016. - Changing of Uses.
Secs. 40-1017—40-1045. - Reserved.
Sec. 40-1011. - Continuance.
Except where specifically provided to the contrary, and subject to this article, the lawful use of any
Building or Structure or of any Lot or Parcel which is existing and lawful on the effective date of the
ordinance from which this chapter derives or, for an amendment of this chapter, on the effective date of
such amendment, may be continued, although such Use does not conform with this chapter or any
amendment thereto. In addition, except where specifically provided to the contrary and subject to this
chapter, a Building or Structure which is existing and lawful on the effective date of the ordinance from
which this chapter derives or, for an amendment of this chapter, on the effective date of such
amendment, may be maintained and continued although such Building or Structure does not conform
Page 380 of 415
CODE OF ORDINANCES
with this chapter or any amendment thereto.
(Ord. No. 51, § 26(9.00), 6-15-1994)
Sec. 40-1012. - Expansion.
(a) Structures, Buildings or Uses Nonconforming because of height, area and/or parking and loading
space only may be extended, enlarged, altered, remodeled or modernized provided there is compliance
with all height, area and/or parking and loading sections with respect to such extension, enlargement,
alteration, remodeling or modernization and the Zoning Administrator shall determine that such
alteration, remodeling or modernization will not substantially extend the life of any Nonconforming
Building or Structure. Any Use of a Building or Structure which is Nonconforming because of parking
and loading sections and which is thereafter made conforming or less Nonconforming by the addition of
parking and/or loading space shall not thereafter be permitted to use such additionally acquired parking
and/or loading space to meet requirements for any extension, enlargement or change of Use which
requires greater areas for parking and/or loading space.
(b) No Nonconforming Use of any Building or Structure or of any Lot or Parcel which is
Nonconforming for reasons other than height, area and/or parking and loading space shall be extended
or enlarged unless all extensions or enlargements do not exceed 50 percent of the area of the original
Nonconforming Use and unless such extension or enlargement is authorized by the Zoning Board of
Appeals as a matter for decision pursuant to section 20 of the Zoning Act (MCL 125.290). In
considering such authorization, the Zoning Board of Appeals shall consider the following standards:
(1) Whether the extension or enlargement will substantially extend the probable duration of such
Nonconforming Use; and
(2) Whether the extension or enlargement will interfere with the use of other properties in the
surrounding neighborhood for the Uses for which they have been zoned or with the use of such
other properties in compliance with this chapter.
(Ord. No. 51, § 26(9.01), 6-15-1994)
Sec. 40-1013. - Restoration and repair.
All repairs and maintenance work required to keep a Nonconforming Building or Structure in sound
condition may be made, but it shall not be structurally altered to permit the use of such Building or
Structure beyond its natural life. If any Nonconforming Building or Structure is damaged by fire, wind,
act of God or public enemy, it may be rebuilt and restored to its former condition.
(Ord. No. 51, § 26(9.02), 6-15-1994)
Sec. 40-1014. - Change or discontinuance.
The Nonconforming Use of a Building or Structure or of any land or premises shall not be reestablished
after the following:
(1)
Discontinuance, vacancy, lack of operation or otherwise for a period of one year; or
(2)
It has been changed to a conforming Use.
(Ord. No. 51, § 26(9.03), 6-15-1994)
Page 381 of 415
CODE OF ORDINANCES
Sec. 40-1015. - Existing Building or Structure under construction.
Any Building or Structure shall be considered existing and lawful and, for purposes of section 40-1011,
to have been in use for the purpose for which constructed if, on the effective date of the ordinance from
which this chapter derives, a Building Permit has been obtained therefor if required, or, if no Building
Permit is required, a substantial start has been made toward construction and construction is thereafter
pursued diligently to conclusion.
(Ord. No. 51, § 26(9.04), 6-15-1994)
Sec. 40-1016. - Changing of Uses.
A Nonconforming Use of any Building, Structure or land shall not be changed to any other
Nonconforming Use unless authorized by the Board of Appeals as a matter for decision pursuant to
section 603 of the Zoning Act. In considering such authorization, the Board of Appeals shall consider
the following standards:
(1) Whether the proposed Use is equally or more appropriate than the present Nonconforming
Use to the zoned district in which the Building, Structure or land is located. No change to a less
appropriate Use may be authorized by the Board of Appeals;
(2) Whether the proposed Use will substantially extend the probable duration of the
Nonconforming Structure, Building or Use.
(3) Whether the proposed Use will interfere with the Use of adjoining lands or other properties in
the surrounding neighborhood for the Uses for which they have been zoned pursuant to this
chapter; and
(4)
The effect of the proposed Use on adjoining lands and the surrounding neighborhood.
(Ord. No. 51, § 26(9.05), 6-15-1994; Ord. No. 2007-01, § 14, 3-7-2007)
Secs. 40-1017—40-1045. - Reserved. <?xpp rotatepg?>
ARTICLE XVI. - USES
Sec. 40-1046. - Table of uses.
Secs. 40-1047—40-1075. - Reserved.
Sec. 40-1046. - Table of uses.
The following table describes Uses that are permitted, prohibited and permitted with conditions
pursuant to this chapter:
Page 382 of 415
CODE OF ORDINANCES
Uses
Accessory
Apartments in
association with
business
Adult theaters,
video stores or
bookstores
Agricultural
products sales,
retail (produced on
land from which
sold)
Agricultural
products sales,
retail (not produced
on land from which
sold)
Airports (private or
public)
Ambulance service
Amusement
enterprises, outdoor
Antique, resale
shops
Asphalt
manufacturing
Auto parts
Autowash,
automatic and
manual5
Automobile/Motor
Vehicle
repair/service
facilities
Automobile/Motor
Vehicle Service
Stations (Fuel
Facilities/Gas
Stations with no
repairs)
Automobile/motor,
boat vehicle sales
Bait and tackle
Bakery goods store
Bank, loan and
finance offices,
Where and How Permitted
A-1
A-2
R-1
R-2
No
No
No
No
R-3
No
C-1
SAU
C-2
SAU
C-3
No
I-1
No
R-3B
No
No
No
No
No
No
No
No
SCU
No
No
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
No
Yes
Yes
No
No
No
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
SAU
SAU
SAU
Yes
No
No
No
No
No
No
No
No
No
No
Yes
Yes
No1
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
SAU
Yes
SAU
No1
SAU
No
SAU
No
No
No
No
No
No
No
SAU
SAU
SAU
Yes
No
No
No
No
No
No
No
No2
SAU3
No3
No
SAU
SAU
No
No
No
SAU
SAU
Yes
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No1
No1
No1
No
No
No
No
No
No
Page 383 of 415
CODE OF ORDINANCES

code of ordinances - Saugatuck Township

Transcription

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