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The following provisions shall apply to all ponds within the Charter Township of Montrose.
(A) A pond shall not be constructed on a lot or parcel of land which is less than 2 acres in size.
(B) A pond may occupy up to a maximum of 20% of the lot or property upon which it is placed.
(C) Slopes of the excavated pond shall not exceed a ratio of 4 feet horizontal to 1 foot vertical, to a maximum depth below water of 6 feet. The Planning Commission may wave the 4 to 1 slope ratio when the property or pond is enclosed by a minimum 4-foot high fence. All gates shall be self-closing and have a self-latching device.
(D) Ponds must be located a minimum of 50 feet from all property lines, easements, street, roads, and right-of-ways. The Planning Commission may wave the required 50-foot setback requirement when the property or pond is enclosed by a minimum 4-foot high fence. All gates shall be self-closing and have a self-latching device.
(E) There shall be a distance of not less than 25 feet between the outside edge of the pond and any structures.
(F) There shall be a distance of not less than 200 feet from any overhead transmission lines, unless written approval is obtained from the company owning said overhead transmission lines.
(G) All ponds shall be of an excavated type as defined by the Soil Conservation Service (SCS) engineering standard and all ponds shall be constructed to the SCS standards. (See circular 378 of the Soil Conservation Service). Copies are available at the Township Office or the local office of the United States Soil Conservation Service.
(H) All ponds shall be fully completed, including land rehabilitation, within 90 days from the issuance of a zoning compliance permit by the Building and or Zoning Official. In addition to the established permit fee as established by the Township Board, a cash bond in the amount of $1,000 shall be paid at the time the permit is issued by the owner and or contractor and will be returned once a final inspection is completed by the Building and or Zoning Official. Upon receiving a written request by the property owner explaining the reason(s) that an extension is being requested, the Building and or Zoning Official may grant a 30-day extension to fully complete the excavation of the pond. Extensions greater than 30 days must be reviewed and approved by the township's Planning Commission.
(I) All areas disturbed during construction shall be seeded with grass and maintained in good condition to prevent erosion.
(J) All excavated material remaining on-site shall be leveled over the area around the pond or the property. Excavated earth material created by construction of a pond shall be used to the maximum extent feasible for on-site purposes. However, excess excavated earth materials not feasible for use on-site may be removed and taken off-site from the property in compliance with an approved site plan by the Planning Commission with the following requirements:
(1) If the applicant proposes to remove any excess excavated earth from the property he shall include with the application a written statement of the cubic yards to be removed.
(2) The applicant shall be limited to this stated volume and any excess of this stated volume to be removed must be approved as an amendment to the site plan by the Planning Commission.
(3) This statement or any amendments thereto shall either be shown on a revised site plan or physically attached to the plan for purposes of review and approval or denial.
(4) All excess earth material shall be removed on completion of the pond or within 30 days.
(5) Failure to comply with these requirements shall result in the forfeiture of the cash bond.
(K) Water shall be maintained in all pond excavations.
(L) Water elevations in the pond area shall not cause flooding or impair the removal of water from property adjacent property owners unless appropriate easements are obtained.
(M) The finished topography of the area surrounding the pond will be one the blends with that surrounding terrain. Surface drainage from adjacent properties shall not be impeded nor shall off-site drainage be increased, unless appropriate easements are obtained.
(N) Conditions of the site must allow the pond to be protected against the contamination from barnyards, septic systems or other sources which would render the water unfit for its intended purpose.
(O) To prevent adverse effects of drainage to adjoining properties, a drainage system shall be installed to accommodate overflows and surface drainage to a suitable outlet or drainage ditch.
(P) Ponds shall be maintained so as to assure no unsanitary conditions or obnoxious odors will be created by the growth of biological organisms or otherwise.
(Q) The cleaning and maintenance of any pond in existence as of the date of this section becomes effective shall not be considered a new pond application unless the pond owner also intends to enlarge said pond. However a pond cleaning permit (zoning compliance permit) must be obtained from the Building and or Zoning Official prior to the commencement of any pond cleaning project. Cleaning shall not result in a pond of greater size or depth than that permitted in the original permit application.
(R) A rescue station shall be located within 25 feet of all ponds having water depths exceeding 3 feet. All rescue stations shall have an approved U.S. Coast Guard life ring with 100 feet of rope and a 10 foot pole on a wooden post extending 4 feet above grade on which a deep water sign shall be posted.
(S) Failure to comply with the requirements of this section shall result in the forfeiture of the cash bond.
(Ord. 99, passed 11-18-1996, § 18.05; Am. Ord. 128, passed 2-12-2001; Am. Ord. 12-197, passed 6-19-2012)
(A) Private roads permitted. Private roads are permitted provided they conform to the requirements of this section.
(B) Requirements. The following shall be required by the township in conjunction with a site plan:
(1) Parcel number and the name of the owner for all properties having legal interest in the private road;
(2) Plans designed by a registered engineer showing location, dimension and design of the private road. The plan shall identify existing and proposed elevation contours within the area to be disturbed or altered by construction of the private road;
(3) Location of all public or private utilities located within the private road right-of-way or easement, or within 20 feet including, but not limited to: water, sewer, telephone, gas, electricity, and television cable;
(4) Location of any significant natural features, streams, drainage ways, or wetlands, within 100 feet of the proposed private road right-of-way; and
(5) Ownership documents and maintenance agreement for the private road.
(C) Maintenance agreement.
(1) An agreement shall specify how the costs for constructing the road initially will be paid.
(2) If the maintenance agreement fails to so specify, the administrative official may apportion the construction costs via a special assessment to all benefitting property owners following a hearing at which each of the affected property owners are notified by mail at least 10 days before the hearing.
(D) Right-of-way width. All private roads shall have a minimum right-of-way easement of at least 66 feet.
(E) Cul-de-sacs. Cul-de-sacs shall meet the design specifications of the Genesee County Road Commission.
(1) Any cul-de-sac shall terminate at the property line except when precluded by a natural barrier or when the cul-de-sac terminates at the last available building envelope, lot or parcel within the development and that building envelop, lot or parcel fronts upon the cul-de-sac.
(2) Frontage measurements along a cul-de-sac shall be measured at the front setback line and at right angles to the lot depth.
(3) A cul-de-sac shall include a turn-around with a 45-foot radius; a 55-foot radius if a hammerhead or "T" turn is used.
(F) Limit on length. Private roads meeting the requirements of this section shall not be longer than 2,500 feet.
(G) Minimum standards. Private roads shall be constructed to the following minimum standards:
(1) Accessing up to 4 building units the road shall be at least 17 feet wide gravel (6 feet MDOT Z2A) with ditches on a 66-foot right-of-way;
(2) Four to 8 building units: 20 foot gravel; and
(3) Eight or more building units; the road shall meet the design and construction standards outlined by the most recent edition of the American Association of State Highway and Transportation Official (AASHTO) Manual.
(H) Emergencies. Street names shall be required to assist public emergency services.
(I) Signs.
(1) All signs within the private road or access easement shall be identified on the site plan and be in accordance with the Michigan Manual or Uniform Traffic Control Devices, unless the Township Board approves another type of design for consistency with the character of the development. Street signs shall be provided at all intersection.
(2) These signs shall contrast in terms of color with public street signs, and shall clearly indicate the road is private.
(J) Road construction application.
(1) Application for private road construction shall be made prior to the meeting date for which the applicant requests consideration.
(2) Prior to approval by the Township Planning Commission, the applicant shall prepare and provide 10 sets of a general development plan.
(3) The following additional information shall be submitted:
(a) Road maintenance agreement signed by applicant/owner(s) to be recorded with the Township Clerk and Genesee County Register of Deeds providing for:
1. A method of financing the construction and maintenance of the road in order to keep the road up to properly engineered specifications and free of snow or debris;
2. A workable method of assessing the costs of maintenance and improvements to current and future users; and
3. A notice that if repairs and maintenance are not made, the township may bring the road up to established county standards for public roads and assess owners of parcels on the private road for the improvements, plus an administrative fee in the amount of 25% of total costs.
(b) Road easement agreement signed by the applicant/owner(s) to be recorded with the Township Clerk and Genesee County Register of Deeds providing for:
1. Easements to the public for purposes of emergency and other public vehicles and for whatever public utility services are necessary; and
2. A provision that the owners of the properties using the road shall refrain from prohibiting, restricting, limiting, or in any manner interfering with normal ingress and egress and use by any of the other owners. Normal ingress and egress and use shall include use by family, guests, invitees, vendors, tradepersons, delivery persons, and other bound to or returning any of the properties and having a need to use the road.
(Ord. 99, passed 11-18-1996, § 18.06)
(A) The township recognizes that there may exist private roads, service roads, and access easements which were lawful prior to the adoption of this chapter which are inconsistent with this section.
(B) The roads are declared by this section to be legal nonconforming roads or easements and shall continue to have the status so long as the roads or easements are maintained in a safe and physically sound condition as determined by the administrative official.
(C) New construction may occur on existing lots which front along the road or easement provided that the roads are reasonably capable of providing sufficient access for the uses permitted in the zoning district.
(D) Any reconstruction, widening or extension of a nonconforming private road or access easement shall be in conformity with this section.
(E) For purposes of determining whether a lot along a private road or access easement qualifies as an "existing lot" as used in this section, at least 1 of the following conditions must have existed at the time this chapter was adopted:
(1) The lot consists of a "condominium unit" for which a master deed had been recorded with Genesee County Register of Deeds in accordance with the requirement of the Michigan Condominium Act and other applicable laws and ordinances;
(2) The lot consists of a parcel that was described by metes and bounds as recorded by a deed or as a land contract, and registered with the Genesee County Register of Deeds; and/or
(3) The lot has been assigned a unique parcel number by the Genesee County Register of Deeds and was individually assessed and taxed on that basis.
(Ord. 99, passed 11-18-1996, § 18.07)
OFF-STREET PARKING AND LOADING REQUIREMENTS
(A) Off-street parking facilities shall be constructed to the standards of this subchapter.
(B) The minimum required number of parking spaces shall be maintained and shall not be encroached upon.
(1) Area for parking space. For the purpose of this subchapter, 300 square feet of lot area shall be deemed a parking space for 1 vehicle, including access aisle.
(2) Fractional requirement. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to, and including 1/2 may be disregarded and fractions over 1/2 shall require 1 parking space.
(3) Location of parking space for 1 and 2-family dwellings. The off-street parking facilities shall be located on the lot as the building they are intended to serve and shall consist of a parking strip, parking apron, and/or garage or carports.
(4) Location of parking space for other land uses. The off-street parking facilities required for all other uses shall be located on the lot or within 300 feet of the permitted uses requiring the off-street parking, the distance to be measured along lines of public access to the property between the nearest point of the parking facility to the building to be served.
(5) Seating capacity of bench type seating. As used in this subchapter for parking requirements, seats shall mean that each 24 inches of seating facilities shall be counted as 1 seat.
(6) Similar uses and requirements. In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is so mentioned, and which the use is similar as interpreted by the Planning Commission, shall apply.
(7) Existing off-street parking at effective date of chapter. Off-street parking existing at the effective date of this chapter, which serves an existing building or use, shall not be reduced in size less than that required under the terms of this chapter.
(8) Collective provisions. Nothing in this subchapter shall be construed to prevent collective provisions of off-street parking facilities for 2 or more buildings or uses, provided the facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with § 153.277 below.
(9) Prohibited parking. Commercial highway trailers and trucks with a rated capacity exceeding 1 ton, excepting vehicles making deliveries or pickups, shall not be parked or stored on any land in a residential district.
(a) The following vehicles shall not be parked or stored on any land in a residential zoned district except under the conditions listed in division (9)(b) below:
1. All commercial highway trailers;
2. All trucks or other vehicles used for commercial or business purposes, with a gross vehicle weight exceeding 14,000 pounds.
(b) Exceptions.
1. Commercial vehicles making deliveries or pickups;
2. One vehicle not exceeding a gross vehicle weight of 19,000 pounds, and be less than 3 axles, which is used by the property owner or occupant in the course of employment (as in either a licensed home occupation permit issued by the township or the vehicle's use is a requirement of employment of an off-site business) and upon approval of the Zoning Administrator/Official based on the following considerations:
a. Vehicle is parked or stored in an existing designated driveway outside of the required front, side or rear yard setback areas;
b. Any other requirement deemed necessary by the Zoning Official.
(c) Any person aggrieved by a decision of the Zoning Official may appeal such decision to the township's Zoning Board of Appeals.
(Ord. 99, passed 11-18-1996, § 19.01; Am. Ord. 17-225, passed 8-15-2017; Am. Ord. 21-006-153.006 et seq., passed 10-19-2021)
(A) Where floor area is the unit for determining the required number of off-street parking and loading spaces, the unit shall mean the gross floor area (GFA), unless otherwise noted.
(B) (1) Where the floor area measurement is specified as gross leasable floor area (GLA), parking requirements shall apply to all internal building areas excluding the floor area used for incidental service, storage, mechanical equipment rooms, heating/cooling systems and similar uses, and other areas not intended for use by the general public.
(2) Where these areas are not yet defined, leasable floor area shall be considered to be 85% of the gross floor area.
(C) In calculating bench seating for places of assembly, each 24 inches of benches, pews or other like seating, shall be counted as 1 seat.
(D) Where the number of spaces required is based on the number of employees, calculations shall be based upon the maximum number of employees likely to be on the premises during the peak shift. When units of measurements determining the number of required parking or loading spaces result in a fractional space, any fraction shall be counted as 1 additional space.
(Ord. 99, passed 11-18-1996, § 19.02)
The amount of required off-street parking space for new uses and additions to buildings shall be determined in accordance with the following table.
Use | Number of Minimum Parking Spaces per Unit of Measure |
Use | Number of Minimum Parking Spaces per Unit of Measure |
Residential
| |
Residential 1-family or 2-family unit | 2 for each dwelling unit |
Residential multiple-family | 2 for each dwelling unit |
Housing for the elderly | 1 for each 2 units, and 1 for each employee; should units revert to general occupancy, then 2 spaces per unit shall be provided |
Trailer park and mobile home park | 2 for each mobile home site and 1 for each employee of the trailer or mobile home court |
Institutional
| |
Churches and places of worship | 1 for each 3 seats or 6 linear feet of pews in the main unit of worship |
Hospitals | 1 for each 1 bed |
Homes for the aged and convalescent homes | 1 for each 2 beds |
Elementary and junior high schools | 1 for each 1 teacher, employee, or administrator, in addition to the requirements of the auditorium |
Senior high schools | 1 for each 1 teacher and administrator and 1 for each 10 students, in addition to the requirements of the auditorium |
Private clubs or lodge halls | 1 for each 3 persons allowed within the maximum occupancy load as established by the township, county or state fire and health codes |
Private golf clubs, swimming pool clubs, tennis clubs, or other similar uses | 1 for each 2 member families or individuals |
Golf courses open to the general public | 6 for each 1 golf hole and 1 for each 1 employee |
Stadium, sports arena or similar place of outdoor assembly | 1 for each 3 seats or 6 feet of benches |
Theaters and auditoriums | 1 for each 4 seats, plus 1 for each 2 employees. |
Use | Number of Minimum Parking Spaces per Unit of Measure |
Business and Commercial
| |
Auto wash; self-service | 4 spaces for each establishment, plus 4 waiting spaces for each washing stall |
Auto wash; other than self-service | 4 spaces for each establishment plus 20 waiting spaces for each washing stall or line; a properly drained drying lane 50 feet long shall also be provided at the exit of each washing stall or line in order to prevent undue amount of water from collecting on the public street and, thereby, creating a traffic hazard |
Beauty parlor or barber shop | 3 spaces for each of the first 2 beauty or barber chairs, and 1-1/2 spaces for each additional chair |
Bowling alleys | 6 for each 1 bowling alley |
Dance halls, pool or billiard parlors, roller or ice skating rinks, indoor tennis facilities, exhibition halls, and assembly halls without fixed seats | 1 for each 2 persons allowed within the maximum occupancy load, as established by the township, county, or state fire, building or health codes |
Dry cleaners | 1 parking space for each 2 employees, with a minimum of 3 spaces |
Establishments for sale of beverage, food, and refreshments consumption | 1 for each 100 square feet of floor area or 1 for each 2 persons allowed within maximum occupancy, whichever is greater |
Fast-food and drive-in restaurants | 1 space for each 2 employees, plus 1 parking space for each 2 seats intended for patrons within the restaurant building, and 1 space for each 20 square feet of building floor area available in the order-waiting area |
Furniture and appliance, household equipment, repair shops, showroom of plumber, decorator, electrician, or similar trade, shoe repair, and other similar uses | 1 for each 800 square feet of useable floor area (for that floor area used in processing 1 additional space shall be provided for each 2 persons employed therein) |
Automobile service stations | 2 for each lubrication stall, rack or pit; and 1 for each gasoline pump or 1 for each 450 square feet of useable floor area |
Laundromats and coin-operated dry cleaners | 1 for each 2 washing machines |
Miniature or "par-3" golf courses | 3 for each 1 hole, plus 1 for each 1 employee |
Mortuary establishments | 1 for each 50 square feet of useable floor space |
Motel, hotel, or other commercial lodging establishments | 1 for each 1 occupancy unit, plus 1 for each 1 employee, plus extra spaces for dining rooms, ballrooms, or meeting rooms |
Motor vehicle sales and service establishments | 1 for each 200 square feet of useable floor space of sales room and 1 auto service stall in the service room |
Open air businesses | 1 for each 500 square feet of lot area for retail sales, uses, and services |
Retail stores, except as otherwise specified herein | 1 for each 150 square feet of useable floor space |
Specialty shops | 1 for each 200 square feet of floor space |
Use
|
Number of Minimum Parking Spaces per Unit of Measure
|
Offices | |
Banks and post offices | 1 for each 50 square feet of publicly-used gross floor space, plus 1 space for each 2 employees |
Business offices or administrative offices except as indicated below | 1 for each 200 square feet of floor space |
Clinics; medical, dental, veterinary | 1 space for each employee, plus 1 space for each 150 square feet of floor space |
Professional offices of doctors, dentists, or similar professions | 1 for each 100 square feet of floor area, or 1 for each 25 square feet in waiting rooms, and 1 for each examining room, dental chair or similar use area, whichever is greater |
Industrial | |
Industrial, wholesale | 5, plus 1 for every 1-1/2 employees in the largest working shift, or 1 for every 500 square feet of floor space, whichever is determined to be the greater; space on site shall also be provided for all construction workers during periods of plant construction |
Self storage units | Un-obstructing parking area equal to 1 space for every 10 door openings |
(Ord. 99, passed 11-18-1996, § 19.03)
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