1298.11   ACCESSORY OR ANCILLARY OIL AND GAS USES AND STRUCTURES.
   (a)   Ancillary oil and gas uses shall be allowed subject to special land use approval in the B-3 General Business District and B-4 Regional Business District. Accessory or ancillary oil and gas well uses or structures shall be permitted as principal uses in the I-1 Light Industrial District and I-2 General Industrial District. All such uses shall be subject to the provisions of this section and all other applicable ordinances and laws.
   (b)   Setbacks and locations shall be provided as follows:
      (1)   Lot size shall be a minimum of one acres in the B-3 general business district and at least two acres in the B-4 Regional Business District I-1 Light Industrial District and I-2 General Industrial District.
      (2)   Setbacks shall be at least 150 feet from adjacent lot lines in the B-3 General Business District and B-4 Regional Business District unless all owners and occupants of adjoining property agree in writing to a lesser set back which in no case shall be less than 50 feet from adjoining property lines.
      (3)   In all cases any accessory structures shall be located behind any existing principal building or structure.
      (4)   In all cases any accessory structures or uses shall be set back at least 100 feet from any right of way.
      (5)   In all cases where adjacent to property zoned for residential uses or upon which any residential use exist, hours of operation involving the use of any artificial lighting or motor whether electrical, combustible engine or otherwise shall not be permitted prior to 9:00 a.m. or after 5:00 p.m.
      (6)   No accessory structure shall be permitted temporary or permanent which is at a height greater than 20 feet measured from the ground to the highest point of the structure.
      (7)   Distance from residential zoned or property occupied for any residential use of 660 feet shall be maintained for any above ground accessory structure.
   (c)   Performance Standards.
      (1)   An impact statement shall be required if accessory structures are to be used to transport water from the site in quantities exceeding 100,000 gallons or more per day over a 30 day average. To demonstrate that the proposed quantity, nature, scope and extent of the proposed removal, use, or transfer will not materially diminish adjacent ground water or impair any ground water or surface water, an impact statement shall be filed. Such impact statement shall be prepared by a registered professional engineer licensed in the State of Michigan.
      (2)   Detailed plans for the transporting handling, storage, mixing or use of chemicals or mixtures of water, chemicals or other materials shall be submitted. Information prepared by a registered professional engineer shall be submitted identifying the ground water flow direction in any potential pathway by ground water to surface water or any adjacent wetland, creek, lake or stream. A ground water monitoring plan shall be submitted.
      (3)   Storm water control compliant with all applicable ordinances of the Township and otherwise as provided by law shall be provided.
      (4)   The routes for vehicular access and a description including the class, axels, weight and photographs of vehicles which will be used at the site shall be provided.
      (5)   A restoration plan demonstrating how the property will be brought back to its state as existed prior to the use of accessory structures shall be furnished. A performance bond issued by a best A rated surety or better shall be furnished in an amount as determined by the Township Engineer as adequate to offset restoration expenses before any approval is granted. The Township may use the bond for restoration following a demand for restoration and a failure to timely complete restoration.
      (6)   A site plan shall be provided showing the location of accessory structures above and below ground, the location of wells and the location of access roads. Site plans shall be compliant with the site provisions of this section.
(Ord. 260-A-454. Passed 1-11-16.)