A conditional use permit shall not be issued for the uses specified in this section unless complying with the site development requirements as herein specified. The Planning Commission may impose additional conditions and safeguards when deemed necessary by that body.
(A) Quarries. The removal of soil, sand, gravel, stone, and other earth materials shall be subject to the following conditions.
(1) There shall be not more than 1 entranceway from a public road/street to the lot for each 500 feet of front lot line.
(2) The removal, processing, transportation, and activities relating to storage such as stock piling shall not take place before sunrise or after sunset.
(3) On the lot, no digging or excavating shall take place closer than 100 feet to any lot line.
(4) On the lot, all road/streets, driveways, parking lots, and loading and unloading areas within 100 feet of any lot line shall be paved, oiled, watered, or chemically treated so as to limit adjoining lots and public roads/streets the nuisance caused by wind-borne dust.
(5) Any odors, smoke, fumes, or dust generated on the lot by any digging, excavating, processing, stockpiling, or transportation operation and borne or able to be borne by the wind shall be confined within the lines of the lot as much as is possible so as not to cause a nuisance or hazard on any adjoining lot or public road/street.
(6) The removal, processing, or storage shall not be conducted as to cause the pollution by any material of any surface or subsurface, watercourse, or body outside the lines of the lot on which the use shall be located.
(7) The removal, processing, or storage shall not be conducted as to cause or threaten to cause the erosion by water of any land outside of the lot or of any land on the lot so that earth materials are carried outside of the lines of the lot, that the removal shall not be conducted as to alter the drainage pattern of surface or subsurface waters on adjacent property, and that in the event that the removal, processing, or storage shall cease to be conducted it shall be the continuing responsibility of the owner or operator thereof to assure that no erosion or alteration of drainage patterns, as specified in this division (A)(7), shall take place after the date of the cessation of operation.
(8) All fixed equipment and machinery shall be located at least 100 feet from any lot line and 500 feet from any residential zoning district, but that in the event the zoning classification of any land within 500 feet of the equipment or machinery shall be changed to residential subsequent to the operation of the equipment or machinery, the operation of the equipment or machinery may continue henceforth but in no case less than 100 feet from any lot line.
(9) (a) There shall be erected a fence not less than 6 feet in height around the periphery of the development.
(b) Fences shall be adequate to prevent trespass, and shall be placed no closer than 50 feet to the top edge of any slope.
(10) All areas within any single development shall be rehabilitated progressively as they are worked out or abandoned to a condition of being entirely lacking in hazards, inconspicuous, and blended with the general surrounding ground form so as to appear reasonably natural.
(11) (a) The operator shall file with the Planning Commission and the Zoning Administrator a detailed plan for the restoration of the development area which shall include the anticipated future use of the restored land, the proposed final topography indicated by contour lines of not greater interval than 5 feet, steps which shall be taken to conserve topsoil; proposed and final landscaping; and the location of future road/streets, drives, drainage courses, and/or other improvements contemplated.
(b) The plans shall be subject to review and modification from time to time by the Planning Commission.
(c) The anticipated cost of carrying out the plans of restoration shall be included with the plans.
(12) (a) The operator shall file with the Summit Township Board a performance bond, payable to the township and conditioned on the faithful performance of all requirements contained in the approved restoration plan.
(b) The Summit Township Board shall fix the amount of the required bond, which will reflect the anticipated cost of restoration.
(c) The bond shall be released upon written certification of the Zoning Administrator that the restoration is complete and in compliance with the restoration plan.
(13) The permit or each renewal thereof shall be for a period of not more than 5 years and shall be renewable only upon reapplication, a re-determination by the Planning Commission and a filing of a performance bond, the re-determination to be made in accordance with the requirements of this chapter for the issuance of a conditional use permit.
(B) Junkyards. In addition to, and as an integral part of development, the following provisions shall apply.
(1) (a) It is recognized by this chapter that the location of the materials in an open area included in this chapter’s definition of “junkyard” will cause the reduction of the value of adjoining property.
(b) To the end that the character of the district shall be maintained and property values conserved, a solid, unpierced fence or wall at least 7 feet in height, and not less than the height of the materials on the lot on which a junkyard shall be operated, shall be located on the lot no closer to the lot lines than the yard requirements for buildings permitted in this district.
(c) All gates, doors, and access ways through the fence or wall shall be of solid, unpierced material.
(d) In no event shall any materials included in this chapter’s definition of “junkyard” be located on the lot on which a junkyard shall be operated in the area between the lines of the lot and the solid, unpierced fence or wall located on the lot.
(2) All traffic ingress and egress shall be on major streets, and there shall be not more than 1 entranceway to the lot on which a junk yard shall be operated from each public road/street on which the lot abuts.
(3) All roads/streets, driveways, parking lots, and loading and unloading areas within any yard of a junkyard shall be paved, oiled, watered, or chemically treated so as to limit adjoining lots and public roads/streets the nuisance caused by wind-borne dust.
(C) Drive-in theaters. In addition to, and as an integral part of development, the following provisions shall apply.
(1) Drive-in theaters shall be enclosed for their full periphery with a solid screen fence at least 7 feet in height. Fences shall be of sound construction, painted, or otherwise finished neatly and inconspicuously.
(2) All fenced-in areas shall be set back at least 100 feet from any front street or property line.
(3) (a) All traffic ingress or egress shall be on major streets and all 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 public thoroughfare.
(b) All points of entrance to the exit of motor vehicles shall be located no closer than 200 feet from the intersection of any 2 streets or highways.
(D) Combined residential and office or business units. In addition to and as an integral part of development, the following provisions shall apply.
(1) The principal use of the property must be office or commercial, and the residential use only incidental to the office or commercial use.
(2) The residential use shall be subject to the following regulations, excluding height and setback requirements:
(a) Minimum living area of 750 feet or 1- or 2-bedroom dwelling; 150 square feet of additional living area for each additional bedroom; and a minimum floor-to-ceiling height of 7.5 feet;
(b) The living unit shall be connected to a public sewer and water supply or to private sewer and water supply facilities approved by the Jackson County Health Department before issuance of a certificate of occupancy;
(c) The storage areas within the dwelling unit, in the aggregate, shall be equal to at least 15% of the minimum square foot dwelling area requirements; and
(d) There shall be 2 parking spaces for each dwelling unit and limited to passenger vehicles only.
(3) (a) The residential use shall not be restricted to the owner of the unit or the business located in the unit.
(b) The residential use may be a rental use or occupied solely by non-family members of the owner of the building or the business.
(4) The residential unit must be designed and constructed as part of the office or commercial use.
(E) Animal parks, zoos, and aquariums. An animal park, zoo, or aquarium is defined as the temporary or permanent housing, or keeping for display of non-domestic birds, fish, and/or animals. An animal park, zoo, or aquarium is an operation that is open to the public, whether free or for admission, and may be part of a larger park or common area used for other purposes. The nature of animal parks, zoos and aquariums is such that each project must be reviewed individually, and certain conditions imposed on the use so as not to endanger the life of residents in the area, or adversely affect the value of properties in the area. Prior to issuing a conditional use for an animal park, zoo, or aquarium, the Planning Commission shall consider the following in making its recommendation to the Township Board:
(1) Whether the public roads/streets are sufficient to handle the increased traffic expected to be generated by such a project;
(2) Whether the project is located so closely to surrounding residential property that the traffic and noise generated from the project will adversely impact and affect the peace and quiet of surrounding residents;
(3) Whether there is adequate parking proposed by the applicant;
(4) Whether the proposed fencing of the project will be adequate to prevent animals from within the project from escaping and being a danger to surrounding residents;
(5) Whether the applicant has submitted a plan showing sufficient personnel to maintain the quality of life of the animals within the project, order among the visitors to the project, and crowd control within the project;
(6) Whether the proposed landscaping is adequate to create an attractive appearance, and to shield the activities from surrounding residential neighborhoods;
(7) Whether the applicant has received all applicable federal and state licenses. An applicant who has been denied a federal or state license shall not be approved by the Planning Commission. An applicant who violates a state or federal license, guideline, or regulation shall be deemed to violate the conditional use permit granted under this section, and if a permit has been issued it shall be subject to revocation by the Township Board for the violation;
(8) Whether the animal park, zoo, or aquarium will place an undue burden on public services such as police, fire, water, sewer, or any other public service provided by the municipality;
(9) Liability insurance of no less than $1,000,000 per person and $2,000,000 per incident to protect the public and persons using the park zoo or aquarium from monetary loss and compensate for damages to property or persons caused by the park or zoo, or the other amount as may be required by the Township Board if dangerous or exotic animals are kept on the premises;
(10) Whether the nature of the operation is sufficiently removed from residences so as not to cause a nuisance by reason of odors, dust, trash, or noise;
(11) In determining any application for a park, zoo, or aquarium, the Planning Commission shall consider the appropriateness of the applicant posting a bond to assure compliance with the conditional use permit with respect to odors, dust, trash, or noise and restoration of the property if the enterprise is closed. The necessity of the bond would protect the township by allowing the township to use the proceeds from the bond to defray costs incurred in the event that the township was required to remedy a nuisance on the property;
(12) In considering such a conditional use, the Planning Commission may make recommendations concerning lighting, hours of operation, parking, landscaping, buffer zones, and any other conditions reasonably calculated to maintain the integrity of the value of surrounding properties and the peace and tranquility of the residents in and about the proposed project;
(13) That a conditional use authorized under this section preempts any contrary provisions in this chapter, and in particular the prohibition against keeping exotic animals in residential areas. This section shall take precedence over any other section of this chapter.
(F) Telecommunication facilities and towers. A telecommunication facility shall mean and include all structures and accessory facilities relating to the use of radio frequency spectrum for the purpose of transmitting or receiving radio signals. This may include, but shall not be limited to, radio towers, television towers, cellular towers, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), satellite dish facilities, telephone devices and exchanges, microwave relay facilities, telephone transmission equipment buildings, private and commercial radio service facilities, paging and similar services which are licensed and marketed to the general public, except preemption’s as stated in the Federal Telecommunications Act of 1996, being U.S.C. §§ 151 et seq. Not included in this definition are citizen band radio facilities, short wave receiving facilities, federally licensed amateur (ham) radio facilities, and government facilities that are subject to state or federal law or regulations which preempt municipal regulatory authority.
(1) Applicant. The applicant for a permit to erect a commercial telecommunications tower, satellite dish, cellular tower, microwave dish, paging, or otherwise wireless type of communication towers or antennas shall be the owner, tenant, lessee, or agent of 1 of the foregoing.
(2) Application. The application shall be submitted to the township 45 days prior to submission of the application to the Planning Commission for approval and shall contain, in addition to any other information requested by the Planning Commission, the following information:
(a) A statement by the applicant describing engineering criteria which will permit co-location of additional antennas, if the tower is 60 feet or more in height;
(b) A diagram of the proposed site;
(c) A detailed statement as to the intended buffering of the property to minimize its visibility to surrounding uses. The buffering shall include, but not be limited to, the planting of evergreen trees, a fence no less than 6 feet tall, and the material out of which the fence shall be erected. See additional requirements in division (F)(3)(e) of this section;
(d) The proposed height of the telecommunication facility;
(e) The location and size of all accessory buildings;
(f) The type of construction of telecommunication facility;
(g) Each application shall be accompanied by a report prepared by a Michigan licensed professional engineer describing the telecommunication facility height and design, including a cross-section of the structure; the report shall demonstrate the tower’s compliance with applicable sub-structural standards and describe the tower’s load design; and
(h) The applicant in the application must demonstrate that the proposed site is the most appropriate site within the immediate area for the location of the telecommunication facility. The demonstration shall be evidenced by a study comparing other potential host sites. Reasons for excluding a site for consideration include but are not limited to:
1. Unwillingness of the owner to entertain a telecommunication facility proposal;
2. Topographical limitations of the site;
3. Adjacent impediments that would obstruct adequate telecommunication transmission;
4. Physical site constraints that would preclude this construction of a telecommunication facility;
5. Technical limitations of the telecommunication system;
6. A legal description of the property;
7. The application shall be accompanied by a statement from a Michigan licensed professional engineer certifying that the tower is in compliance with all applicable federal, state, and local laws, codes, regulations, and ordinances;
8. The base of the telecommunication tower shall be determined by the setback requirements of this chapter. In no case shall the base of the tower intrude into the minimum setback requirements;
9. Minimum spacing between telecommunication facility locations shall be 1 mile in order to prevent a concentration of towers in 1 area;
10. All applications for the construction of commercial telecommunication antennas, satellite dishes, cellular towers, microwave dishes, paging, and other wireless types of communication towers or antennas shall be subject to the provisions of the site plan review process set forth in this chapter. Each application shall undergo a full and thorough site plan review together with meeting all of the requirements of this division (F).
(3) Minimum standards.
(a) Commercial telecommunication antennas, satellite dishes, cellular towers, microwave dishes, paging and other wireless types of communication towers or antennas shall be separated from residential dwellings by a distance of no less than 200 feet or the height of the tower plus 10%, whichever is greater. The setback distance shall be measured from the base of the tower to the lot line.
(b) All communication towers shall be inspected annually by a competent or licensed inspector to insure the structural integrity of the tower, appurtenances added to the tower, equipment added to the tower, and fixtures added to the tower. A report of the results of the inspection shall be provided to the Township Building Inspector on or before August 1 of each year.
(c) All telecommunication facilities shall be sited to have the least possible practical visual effect on the surrounding neighborhood.
(d) Telecommunication facilities shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state, or local authority.
(e) There shall be vegetative screening through the use of evergreen shrubs or trees capable of forming a continuous hedge at least 5 feet in height within 2 years of planting, and a row of trees at least 8 feet in height at the time of placement with 10-foot centers and a minimum mature height of 35 feet.
(f) 1. Minimum property line setbacks shall be 30 feet plus the height of the telecommunication facility plus 10% of the height of the tower, or 100 feet, whichever is greater.
2. Notwithstanding the foregoing language, no tower shall be located closer than 200 feet from the property line when the property is being used for residential purpose.
3. Providing further, that where a proposed tower will be located on a parcel of land surrounded on all 4 sides by commercially, agriculturally, and/or industrial zoned property the Planning Commission may in its discretion reduce the minimum sideline setback requirements of this chapter upon evidence that a satisfactory fall zone for the tower will be less than the required setback in this chapter, but in no event shall the setback be less than that required for structures erected in the zoning district in which the tower is located.
4. The setback distance shall be measured from the base of the tower to the lot line.
(g) 1. The telecommunication facility shall conform to the ANSI standards for radio frequency (RF) exposure.
2. The telecommunication shall be upgraded to meet any change in the ANSI standards.
3. The owner or applicant shall provide proof of compliance with the ANSI standards.
(h) 1. The total square footage of accessory buildings shall not exceed 400 square feet per user of the tower.
2. Accessory structures shall blend in with the surrounding area by considering color, texture and materials, topography, and scale of buildings.
(i) 1. Fuel tanks shall be buried or screened with landscaping, fencing, or berms.
2. Trash areas must be screened.
3. Alternative fuel supplies shall meet applicable state law.
(j) 1. The noise impacts of cooling and other types of equipment shall be minimized through location and screening.
2. Noise may not exceed state or local noise standards, and shall conform to recommended decibels standards adopted by the appropriate federal agency.
(k) Metal towers shall be constructed of or treated with corrosive resistant material.
(l) Antenna and metal towers shall be grounded for protection against direct strike by lightning and shall comply as to the electrical wiring and connections with all applicable local statutes, regulations, standards, and codes.
(m) There shall not be displayed any advertising or identification of any kind intended to be visible from the ground or other structure on any tower, except the identification as may be required for emergency purposes.
(n) All parking and drive areas must be paved.
(4) Abandonment.
(a) In the event the use of any telecommunication facility has been discontinued for a period of 180 days, the telecommunication facility shall be deemed to be abandoned.
(b) Upon abandonment, the owner/operator of the telecommunication facility shall have an additional 180 days within which to re-activate the telecommunication facility or dismantle and remove the telecommunication facility.
(5) Federal, state, and local rules, and the like.
(a) The owner or applicant of the commercial telecommunication antennas, satellite dishes, cellular towers, microwave dishes, paging, and other wireless types of communication towers or antennas shall be required to adhere to all federal, state, and local rules, regulations, statutes, and ordinances.
(b) A violation of any of the foregoing shall constitute reasonable grounds for the municipality to revoke the telecommunication permit.
(6) Tower space and tower rights. The applicant shall provide to Summit Township tower space and tower rights for public safety communications and other municipal communications at no cost to the municipality if space is requested prior to construction of the tower or space is available at the time of the request by the township.
(7) Necessary conditions.
(a) Telecommunication facilities shall be subject to the provisions of this division (F) regardless of whether the facilities are designated as a conditional or a permitted use in any zoning district.
(b) The conditions are necessary to preserve the safety, health, and welfare of the residents because of the nature of the activity.
(8) Bonds.
(a) The owner of a telecommunication facility or tower shall post a bond with the township in an amount to cover the reasonably estimated costs and expenses of dismantling and removing the telecommunication facility or tower in the event that the same is abandoned, and the owner fails to dismantle and/or remove the same within 180 days.
(b) The bond shall be with a reputable insurance or guarantee company.
(c) The amount of the bond shall be established by the Township Board, and may be adjusted from time to time on an annual basis to reflect changing costs and expenses of dismantling and moving the telecommunication tower.
(9) Transfer of ownership. These regulations and standards shall apply to successor owner(s) of the telecommunication facilities if title or ownership of the telecommunication facility is transferred to another person, partnership, corporation, or any other entity.
(10) Any applicant who makes a false statement on an application shall be guilty of a civil infraction, which is detailed in Chapter 30.
(11) The application shall include the name back haul provider, if applicable.
(12) (a) The Planning Commission may require camouflage or innovative design for a telecommunication facility providing that the same is not cost prohibitive and/or does not create an undue hardship on the applicant.
(b) The design requirements may include, but not be limited to, camouflaging the facility, requiring a specific paint color and/or paint scheme, or requiring the facility be so designed as to blend into the existing environs and background to the facility.
(13) The towers shall meet all regulations of the local airport zoning ordinance (if applicable) and the Federal Communications Commission.
(14) Commercial wireless telecommunication towers. All commercial wireless telecommunication towers erected, constructed, or located within the township shall also comply with the following requirements.
(a) A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the Township Board finds that the telecommunication equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a 1-mile search radius of the proposed tower due to 1 or more of the following reasons.
1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed Michigan professional engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed Michigan professional engineer and the interference cannot be prevented at a reasonable cost.
3. Existing or approved towers or buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed Michigan professional engineer.
4. Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.
(b) 1. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant’s antennas and comparable antennas for a minimum of 2 additional users if the tower is over 100 feet in height or for at least 1 additional user if the tower is over 60 feet in height.
2. Towers must be designed to allow future rearrangement of antennas upon the tower to accept antennas mounted at varying heights.
(G) Sales of mobile home. Sales of mobile homes provided that the sales operation is clearly subordinate and incidental to the use of the area for mobile home dwellings. The following conditions shall also apply.
(1) No more than 1 sales area for mobile homes shall be located in the mobile home park or subdivision and the sales area shall be a Mobile Home Residential (MH-1) zone, single separated designated section within.
(2) (a) No more than 1 mobile home for sale purposes per 10 mobile homes located in the mobile home park or subdivision for residential purposes shall be permitted.
(b) The total number of mobile homes for sale shall not exceed 10.
(3) Sales shall be limited to mobile homes.
(4) The sales operation shall have frontage on a dedicated street or road and have access to the street or road.
(5) The minimum yard requirements for the Mobile Home Residential (MH-1) zone shall also apply to the portion of the mobile home park or subdivision utilized for sales purposes.
(6) Parking space shall be provided in the designated sales area in accordance with the requirements for the residential area of the Mobile Home Residential (MH-1) zone.
(H) New and used vehicle dealers.
(1) The premises must contain a permanently enclosed building or structure either owned, leased, or rented by a dealer, which is not a residence, tent, temporary stand, or any temporary quarters;
(2) The building or structure is required to be continuously occupied for the purpose of selling, buying, trading, leasing, or otherwise dealing in motor vehicles;
(3) All books, records, and files necessary to conduct the business of a class (a) or class (b) dealer must be maintained in the building or structure;
(4) A building or structure housing an office of at least 150 square feet in size, equipped with standard office furniture, working utilities, a working restroom, and a working telephone listed in the name of the business on the dealer’s license;
(5) Land space of no less than 1,300 square feet to accommodate the display of a minimum of 10 vehicles of the kind and type that the dealer is licensed to sell and an additional 650 square feet for customer parking. The display and customer parking areas must be adequately surfaced and well lit during business hours;
(6) An exterior sign displaying the name of the dealership that is permanently affixed to the building or land with letters clearly visible from a highway identifies the premises;
(7) Conspicuous posting of the dealer’s regular hours of operation. The posted hours must be not less than 30 hours per week; and
(8) The premises must contain a registered repair facility on site for the repair and servicing of motor vehicles of a type sold at the established place of business, unless the dealer has entered into a written servicing agreement with a registered repair facility at a location not to exceed 10-miles distance from the established place of business. If repairs are conducted pursuant to a servicing agreement, the servicing agreement must be conspicuously posted in the office.
(I) Type 2 home occupations. Requests for type 2 home occupations, as defined by § 150.006, shall be processed by the Planning Commission under the provisions of this chapter.
(1) Location. The home occupation shall be carried on within the dwelling or within a building accessory thereto.
(2) Employees and volunteers. No more than 1 person (employee or volunteer) may be employed who is not a resident of the premises. Off-street parking shall be provided for the employee or volunteer on the premises to which the home occupation is conducted.
(3) Impact on commercial districts. In addition to meeting the conditional use standards for approval, it shall be demonstrated that the home business will not be detrimental to the commercial viability of the township’s commercially zoned districts.
(4) Hours of operation. As set by the conditional use permit.
(5) Clients or customers. No more than 2 clients or customers shall be received at any 1 time.
(6) Sign. One non-illuminated sign, not to exceed 3 square feet, may be erected. The sign shall be attached to the residence or may be placed in a window.
(7) Noise. The home occupation shall not generate noise, which is audible beyond the property lines of the dwelling.
(8) Equipment or process. No equipment or process shall be used in the home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal human senses beyond the property lines of the dwelling in which the home occupation is conducted.
(9) Exterior alterations. There shall be no exterior alteration in the residential character of the premises in connection with the home occupation and no more than 30% of the living area of the dwelling shall be devoted to the home occupation.
(10) Display of merchandise. No merchandise or articles for sale shall be displayed for advertising purposes so as to be viewable from outside the dwelling and no sign or device relative to the sale of the merchandise shall be displayed on the premises.
(11) Storage.
(a) All articles or materials used in connection with the home occupation shall be stored in the main and permitted accessory buildings.
(b) No outside storage is permitted.
(c) The storage of materials and merchandise shall not represent a safety hazard to the dwelling, dwelling occupants, or adjoining properties and occupants, nor shall the storage result in a change to the fire rating of the dwelling and accessory building in which the storage may be conducted.
(12) Traffic and parking.
(a) Customers shall not generate excessive traffic or monopolize on-street parking.
(b) There shall be no more than 2 deliveries per week to the residence by suppliers, except that delivery of mail and small packages by the United States Postal Service or by alternative private delivery services shall not be included as supplier deliveries.
(13) Sale of products. There shall be no sale of products or services except as are produced on the premises by the home occupation, except that products not produced on the premises that are incidental to services being performed as a part of the home occupation may be sold in limited quantities.
(14) Exemptions from home occupations.
(a) Garage and yard sales.
1. Garage sales and the sale of produce grown on the premises are not classified as home occupations.
2. These uses are exempt from the provisions of this section.
3. However, the uses are subject to other applicable sections of this chapter.
4. Garage and yard sales are also regulated under § 110.40.
(b) Home occupations prohibited in all residential districts. The following shall not be classified as a home occupation:
1. Outdoor automobile, truck, and heavy equipment repair;
2. Auto bodywork;
3. Auto body painting;
4. Parking and storage of heavy equipment.
(J) Small on-site wind energy systems. The following site development standards shall apply to all small on-site wind energy systems in the township and shall be subject to all applicable requirements of the Site Plan Article and sections of this chapter including § 150.257(K).
(1) Blade/ground clearance. The lowest extension of any blade or other exposed moving component shall be at least 15 feet above the ground (at the highest point of the natural grade within 30 feet of the base of the tower) and, in addition, at least 15 feet above any outdoor surfaces intended for human use, such as decks, balconies or roof gardens, that are located below the small tower or structure mounted wind energy system.
(2) Guy wires. If the small on-site wind tower mounted energy system is supported by guy wires, the wires shall be covered with a high visibility material or fenced so as to make them visible at a height of at least 6 feet above the ground.
(3) Setbacks tower mounted wind energy system. Shall be set back from an adjoining lot line or a public or private road right-of-way a distance equal to the total height of the wind turbine generator plus 10%, however, no part of the wind turbine generator, including guy wire anchors, may extend closer to the property line or waterfront than the required setback for the district in which the unit is located. A small wind energy system shall be located in the rear yard and shall have a setback of 20 feet from all occupied buildings on the applicant’s parcel. The Planning Commission may reduce the setback if the neighboring property is under the same ownership or based on other factors such as topography specific to the site.
(4) Setbacks structure mounted wind energy system. Shall be set back a minimum of 15 feet from the property line, public or private right-of-way, easement, or overhead utility lines if mounted directly on a roof or other elevated surface of a structure. If affixed by any extension to the side, roof, or other elevated surface then the setback from the property line, public or private right-of-way or easement shall be a minimum of 15 feet. The setback shall be measured from the furthest outward extension of all moving parts.
(5) Noise. Small on-site wind energy systems shall not cause a sound pressure level in excess of 55 dB(A) as measured at the nearest property line. This level may be exceeded during short-term events such as utility outages and severe wind storms.
(6) Vibration. Small on-site wind energy systems shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located.
(7) Reception/signal interference. Small on-site wind energy systems shall not cause interference with communication systems such as, but not limited to, television, microwave, satellite emergency communications, wireless phone, navigational or radio reception to neighboring areas.
(8) Shadow flicker. Small on-site wind energy systems shall not cause shadow flicker upon any structure on a neighboring property. The wind turbine generator owner may obtain written agreements which allow shadow flicker to cross an occupied structure.
(9) Potential ice throw. Ice throw or ice shedding from the wind turbine generator shall not cross the property lines of the site nor impinge on any right-of-way or overhead utility line.
(10) Safety. Small on-site wind energy systems shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speed, and excessive pressure on the tower or building structure, rotor blades and other wind energy components unless the manufacturer certifies that a braking system is not necessary.
(11) Signs. Small on-site wind energy systems shall not be used for displaying any advertising (including flags, streamers, or decorative items), except for the identification of the turbine manufacture, a clearly visible warning sign regarding voltage shall be placed at the base of a tower or structure mounted system, or any other required information (e.g. Underwriters Libratory (UL) label, emergency contact phone number) this sign shall not exceed 3 square feet.
(12) Visual appearance. Small on-site wind energy systems including accessory structures shall be a non-reflective, non-obtrusive color (e.g. white, gray, black). The appearance of the system and any ancillary facilities shall be maintained throughout the life of the system.
(13) Lighting. Small on-site wind energy systems shall not be artificially lighted, except to the extent required by law or other applicable authority, or otherwise for the reasonable safety and security thereof.
(14) Utility connection. If the small on-site wind energy system is connected to a public utility (Consumers Energy) for net-metering purposes, it shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations meeting federal, state, and industry standards applicable to wind power generation facilities, and the connection shall be inspected by the utility.
(15) Other regulations. On-site wind energy systems shall comply with all applicable state construction and electrical codes, regulations contained in the Jackson County Airport - Reynolds Field Airport Zoning Manual, Federal Aviation Administration requirements, Michigan Aeronautics Commission requirements, the Michigan Tall Structures Act (Public Act 259 of 1959, as amended), and the Michigan Public Service Commission and Federal Energy Regulatory Commission standards.
(K) Utility grid, large wind energy facilities/systems.
(1) Site development standards. Shall apply to all utility grid large wind energy facilities/systems including any applicable provisions of small on-site wind energy systems in the township and shall be subject to all applicable requirements of the Site Plan Article and sections of this chapter including the following:
(2) Wind energy facilities and anemometer towers. Anemometer towers and wind energy facilities consisting of 1 or more wind turbines whose main purpose is to supply electricity to off-site customers may be allowed as a special land use and shall adhere to the following requirements in addition to the requirements contained in this chapter:
(a) Principal or accessory use. A wind energy facility or anemometer tower may be considered either a principal or an accessory use. A different existing use or an existing structure on the same parcel shall not preclude the installation of a wind energy facility or a part of the facility on the parcel. Wind energy facilities that are constructed and installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b) Avian analysis and wildlife impact. An applicant shall submit an avian study to assess the potential impact of a proposed wind energy facility upon bird and bat species. The avian study shall at a minimum report a literature survey for threatened and endangered species, and any information on critical flyways. The analysis shall also include the potential effects on species listed under the federal Endangered Species Act and Michigan's Endangered Species Protection Law. The applicant must identify any plans for post-construction monitoring or studies. The analysis should also include an explanation of potential impacts and propose a mitigation plan, if necessary.
(c) State or federal requirements. Any proposed wind turbine generator anemometer tower shall meet or exceed any standards and regulations of the Federal Aviation Administration (FAA), Michigan Aeronautics Commission (MAC), the Michigan Public Service Commission, National Electric Safety Code, Federal Energy Regulatory Commission, and any other agency of the state or federal government with the authority to regulate wind turbine generators or other tall structures in effect at the time the special land use approval is approved.
(d) Sufficient wind resources. The proposed site shall have documented annual wind resources sufficient for the operation of the proposed wind turbine generator; provided, however, this standard shall not apply to an anemometer tower. No wind turbine generator shall be approved without submission of a wind resource study documenting wind resources on the site. The township may retain the services of an independent, recognized expert to review the results of the wind resource study prior to acting on the application for special approval. All costs for the study shall be at the applicant expense.
(e) Minimum site area. The minimum site area for a wind turbine generator or an anemometer tower erected prior to a wind turbine generator shall meet required setbacks and any other standards of this chapter.
(f) Setbacks. Each proposed wind turbine generator or anemometer tower shall meet the following applicable setback requirements:
1. Setback from property line. Each wind turbine generator shall be set back from any adjoining lot line a distance equal to the total height of the wind turbine generator including the top of the blade in its vertical position. The Planning Commission may reduce this setback to no less than 100 feet; provided the adjoining property is owned or leased by the applicant or an easement is obtained. If the adjoining property that is owned or leased by the applicant includes more than 1 parcel, the properties may be considered in combination in determining setback relief. The amount of setback relief approved by the Planning Commission will be based on data provided by the applicant and prepared by a qualified professional. The data shall satisfy the Planning Commission that any potential blade and ice throw will not cross the property line and that sound levels will not exceed 55 decibels on the dB(A) scale at the property line from the proposed setback. Data provided shall be specific to the proposed tower in the proposed location taking into consideration prevailing winds, topography, existing vegetation, and other relevant factors.
2. Setback from road. In addition to the above, a wind turbine generator shall, in all cases, be set back from a public or private road right-of-way a minimum distance equal to the height of the wind turbine generator total height plus 10% as defined in this chapter.
3. Setback from structures. Each wind turbine generator shall be setback from the nearest inhabited structure a distance not less than 1 ½ times the total height of the wind turbine generator.
4. Setback from communication and power lines. Each wind turbine shall be set back from the nearest above-ground public electric power line or telephone line a distance of no less than 400 feet or 1 ½ times the total tower height, whichever is greater, determined from the existing power or communications lines.
5. Building setbacks. Setbacks for buildings accessory to a wind turbine generator shall conform to the setbacks of the district.
(g) Height. Regarding wind turbine height, the applicant shall demonstrate compliance with the Michigan Tall Structures Act (Public Act 259 of 1959, as amended), FAA guidelines, and Michigan Aeronautics Commission guidelines as part of the approval process.
(h) Tower separation. Wind turbine separation distance shall be based on 1) industry standards, 2) manufacturer recommendation, and 3) the characteristics such as prevailing wind and topography, of the particular site location. At a minimum, there shall be a separation between the towers of not less than 3 times the turbine rotor diameter. Documents shall be submitted by the developer/manufacturer confirming specifications for tower separation.
(i) Minimum ground clearance. The lowest point of the arc created by rotating wind vanes or blades on a wind turbine generator shall be no less than 20 feet.
(j) Maximum noise levels. The sound pressure level generated by the wind energy system shall not exceed 55 dB(A) measured at neighboring property lines. This level may be exceeded during short-term events such as utility outages and severe wind storms.
(k) Maximum vibrations. Any proposed wind turbine generator shall not produce vibrations through the ground humanly perceptible beyond the parcel on which it is located.
(l) Potential ice throw. Ice throw or ice shedding for a wind turbine generator shall not cross the property lines of the site nor impinge on any right-of-way or overhead utility line.
(m) Signal interference. No wind turbine generator shall be installed in any location where proximity to existing fixed broadcast, retransmission, or reception antennas for radio, television, navigation, emergency communication systems, wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No wind turbine generator shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference with the link's operation.
(n) Visual impact, lighting, power lines.
1. Wind turbines shall be mounted on tubular or lattice towers, painted a non-reflective, non-obtrusive neutral color. The appearance of turbines, towers, and buildings shall be maintained throughout the life of the wind energy facility pursuant to industry standards (i.e. condition of exterior paint, signs, landscaping). A certified registered Michigan licensed engineer and authorized factory representative shall certify that the construction and installation of the wind energy facility meets or exceeds the manufacturer's construction and installation standards.
2. The design of the wind energy facility's buildings and related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend facility components with the natural setting and the environment existing at the time of installation. The landscaping requirements section of the Zoning Ordinance shall be complied with and addressed in the site plan.
3. Wind turbine generators shall not be artificially lighted, except to the extent required by the FAA or the MAC or other applicable authority, or otherwise necessary for the reasonable safety and security thereof. If lighting is required, the lighting alternatives and design chosen:
a. Shall be the intensity required under state or federal regulations.
b. Shall not be strobe lighting or other intermittent white lighting fixtures, unless expressly required by state or federal regulations. The intermittent lighting shall be alternated with steady red lights at night if acceptable to state or federal regulations.
c. May be a red top light that does not pulsate or blink.
d. All tower lighting required by state or federal regulations shall be shielded to the extent possible to reduce glare and visibility from the ground.
4. Wind turbines shall not be used to display any advertising (including flags, streamers, or decorative items), except the reasonable identification of the manufacturer or operator of the wind energy facility.
5. The electrical collection system shall be placed underground within the interior of each parcel at a depth designed to accommodate the existing agricultural land to the maximum extent practicable. The collection system may be placed overhead adjacent to state and county roadways, near substations or points of interconnection to the electric grid or in other areas as necessary.
(o) Shadow flicker.
1. The wind turbine generator shall be designed in such a manner as to minimize shadow flicker on a roadway. The wind turbine generator shall be designed in such a manner as to prevent shadow flicker on any existing structures located off the property on which the wind turbine generator is located. If necessary to prevent shadow flicker from crossing occupied structures, the wind turbine generator may be programmed to stop rotating during times when the wind turbine generator shadow crosses these structures. The wind turbine generator operator may obtain written agreements which allow shadow flicker to cross an occupied structure.
2. The Planning Commission may require the applicant to conduct an analysis of potential shadow flicker at occupied structures if it deems such an analysis necessary. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. The analysis shall identify problem areas where shadow flicker may affect the occupants of the structures and describe measures that shall be taken to eliminate or mitigate the problems. All costs for the analysis shall be at the applicant expense.
(p) Safety.
1. All collection system wiring shall comply with all applicable safety and stray voltage standards.
2. Wind turbine towers shall not be climbable up to 15 feet above ground surfaces.
3. All access doors to wind turbine towers and electrical equipment shall be lockable and/or fenced as appropriate, to prevent entry by non-authorized person(s).
4. Each wind turbine tower shall have 1 sign, not to exceed 3 square feet posted at the base of the tower and on the security fence if applicable. The sign shall contain at least the following:
a. Warning high voltage;
b. Manufacturer's and owner/operators name; and
c. Emergency contact numbers (list more than 1 number).
5. All wind turbine generators shall be equipped with controls to control the rotational speed of the blades within design limits for the specific wind turbine generator and be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speed, and excessive pressure on the tower or building structure, rotor blades and other wind energy components.
6. The structural integrity of the tower(s) shall conform to the design standards of the International Electrical Commission, specifically "Wind Turbine Safety and Design," "Wind Turbine Certification," and "Blade Structural Testing," or similar successor standards.
(q) Hazard planning. An application for a wind turbine generator shall be accompanied by a hazard prevention plan. The plan shall contain:
1. Certification that the electrical wiring between turbines and between turbines and the utility right-of-way does not pose a fire hazard or any life safety hazard.
2. Location of landscaping is to be designed to avoid spread of fire from any source on the turbine; such preventative measures may address the types and locations of vegetation below the turbine and on the site. The landscaping shall be maintained to prevent the creation of life safety hazards (fire, emergency access, electrical contact). In addition to the above all landscaping shall comply with the provisions of the landscaping requirements of the Zoning Ordinance.
3. A listing of any hazardous fluids that may be used on site shall be provided, including Material Data Safety Sheets (MDSS). All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner.
4. Certification that the turbine has been designed to contain any hazardous fluids shall be provided.
5. A statement certifying that the turbine shall be routinely inspected to ensure that no fluids are released from the turbine.
6. All towers shall be inspected annually by a certified registered Michigan licensed engineer and authorized factory representative to insure the structural integrity of the tower, appurtenances added to the tower, equipment added to the tower, and fixtures added to the tower. A report shall be provided to the township Building Inspector on or before August 1 of each year.
(r) Approvals. All required approvals from other local, regional, state or federal agencies must be obtained prior to approval of a site plan. In the case where site plan approval is a requirement for other local, regional, state, or federal agency approval, evidence of such shall be submitted with the site plan.
(s) Decommissioning/removal of wind turbine generators.
1. The applicant shall submit a decommissioning plan. The plan shall include:
a. The anticipated life of the project.
b. The estimated decommissioning costs in current dollars. The costs shall not include credit for salvageable value of any materials.
c. The method of ensuring that funds will be available for decommissioning and restoration shall be as required by the Planning Commission.
d. The anticipated manner in which the project will be decommissioned and the site restored.
2. Any wind turbine generator or anemometer tower that is not operational for a continuous period of 12 months shall be considered abandoned, and the owner of the wind turbine generator or anemometer tower shall remove the same within 180 days of abandonment. Failure to remove an abandoned wind turbine generator or anemometer tower within the 180 day period provided in this division shall be grounds for the township to remove the wind turbine generator or anemometer tower at the owner's expense.
3. In addition to removing the wind turbine generator, or anemometer tower, the owner shall restore the site of the wind turbine generator or anemometer tower to its original condition prior to location of the wind turbine generator or anemometer tower, subject to reasonable wear and tear. Any foundation associated with a wind generator or anemometer tower shall be removed to a minimum depth of 5 feet below the final grade and site vegetation shall be restored.
4. The Planning Commission shall require the owner of the wind turbine generator to deposit a performance guarantee in an amount equal to the estimated costs associated with the removal of the wind turbine generator or anemometer tower and all associated equipment and accessory structures and restoration of the site to a reusable condition which shall include the removal of all underground structures to a depth of 5 feet below the natural ground level at that location. The amount of the performance guarantee shall be reviewed every 5 years. The performance guarantee shall be in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the township.
(t) Equipment replacement. Major components of the wind turbine generator may be replaced without a modification of the special use permit provided all regulations contained herein are adhered to.
(L) Utility grid, large solar energy facility (solar farm). The purpose of this subsection is to establish minimum requirements and regulations for the siting, installation, operation, repair, decommissioning, and removal of utility grid, large solar energy facilities (hereafter referred to as solar farms), as defined in § 150.006, while promoting the safe, effective, and efficient use of such energy facilities as a conditional use in specified zoning districts. The following requirements shall apply to all solar farms:
(1) Location. All solar farms are limited to the Agricultural (AG-1), Light Industrial (L-I), and General Industrial (I-2) districts.
(2) Regulations and design standards. All solar farms shall comply with the following minimum regulations and design standards.
(a) Design standards.
1. Minimum lot size. No solar farm shall be erected on any zoning lot less than 20 acres in size (as defined in § 150.006).
2. Maximum height. The maximum height for a solar panel shall be 14 feet. The maximum height of a power switchyard (as defined in § 150.006) shall not exceed the minimum height needed to tie into electric transmission lines. The height of all other buildings and accessory structures shall comply with the maximum building height requirements of the applicable zoning district in which the solar farm is located, as listed in § 150.146. The height of required lightning rods attached to the power switchyard or solar farm related equipment shall not be subject to the foregoing height limitations. The height of lightning rods shall be limited to that height necessary to protect the power switchyard and solar farm equipment from lightning.
3. Setbacks. Solar farm facilities and related structures and components shall be set back a minimum of 30 feet from all lot lines. In addition, solar farm solar arrays and other structures must be located at least 300 feet from the road right-of-way along US-127 and M-50; 150 feet from the road right-of-way along all other roadways, public and private; and 150 feet from any lot line adjacent to all existing Rural Non-Farm Residential (RNF-1), Suburban Residential (RS-1 and RS-2), Urban Residential (RU-1 and RU-2), Multiple-Family Residential (RM-1 and RM-2), and Mobile Home Residential (MH-1) district land; and any lot line adjacent to an existing residence at the time the solar farm is granted conditional use approval, unless the zoning lot is comprised of a portion of the lot containing the residence. Additional setbacks may be required to mitigate noise and glare impacts or to provide for designated road or utility corridors, as identified through the review process.
4. Safety/access.
a. Security fencing shall be installed around the solar farm as follows: fencing to be a minimum of 6 feet and a maximum of 8 feet in height; fencing to be located inside the perimeter of screening, if any. Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
b. Appropriate warning signage shall be placed at the entrance and perimeter of the solar farm.
5. Noise. No component of any solar farm shall produce noise that exceeds any of the following limitations. Adequate setbacks shall be provided to comply with these limitations:
a. 50 dBA, as measured at the property line of any adjacent Rural Non-Farm Residential (RNF-1), Suburban Residential (RS-1 and RS-2), Urban Residential (RU-1 and RU-2), Multiple-Family Residential (RM-1 and RM-2), and Mobile Home Residential (MH-1) district zoned land in existence at the time the solar farm is granted conditional use approval;
b. 45 dBA, as measured at any neighboring residence in existence at the time the solar farm is granted conditional use approval, between the hours of 9:00 p.m. and 7:00 a.m.; and
c. 60 dBA, as measured at the lot lines of the project boundary.
6. Visual appearance.
a. Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the solar farm into the existing environment.
b. The perimeter of solar farm facilities shall also be screened and buffered by installing evergreen vegetative plantings whenever existing natural forest vegetation does not otherwise continuously obscure the solar farm’s entire lot perimeter from adjacent parcels, subject to the following requirements:
i. Unless screened and buffered at all times by natural forest vegetation having a substantially similar obscuring effect of an evergreen vegetative buffer installed pursuant to this subsection, a continuous evergreen vegetative buffer shall be installed and maintained at all times at the perimeter of all solar farms.
ii. The evergreen vegetative buffer shall be composed of evergreen trees or shrubs that at planting shall be a minimum of 6 feet in height. The evergreen trees or shrubs shall be spaced no more than 10 feet apart on center (from the central trunk of 1 plant to the central trunk of the next plant). Within 5 years of planting, required evergreen vegetative screening shall be no less than 15 feet tall.
iii. Failure to continuously maintain the required evergreen vegetative buffer shall constitute a violation of this code and sufficient grounds for revocation of any conditional use permit previously granted.
iv. An alternate screening method may be considered for approval by the Planning Commission as long as it has a substantially similar obscuring effect of an evergreen buffer.
v. If the solar farm is not visible from any road and if the solar farm is not visible from any existing residence, the screening requirements may be modified at the discretion of the Planning Commission.
c. Lighting of the solar farm shall be limited to the minimum necessary, supplied with down lighting, and in no case shall any illumination from such lighting extend beyond the perimeter of the solar farm. A photometric study may be used to make this determination.
d. No solar farm shall produce glare that would constitute a nuisance to occupants of neighboring properties or to persons traveling neighboring roads. Upon written notice from the Zoning Administrator or such other person designated by the Township Board to the owners of the solar farm that glare from the solar farm is causing a nuisance to occupants of neighboring property or to persons traveling neighboring roads, the owner of the solar farm shall have a reasonable time (not to exceed 180 consecutive days) from the date of such notice to remediate such glare.
7. Medium voltage cable. All medium voltage cable (as defined in § 150.006) within the project boundary shall be installed underground unless determined otherwise by the Planning Commission because of severe environmental constraints (e.g. wetlands, cliffs, hard bedrock), and except for power switchyards (as defined in § 150.006) or area within a substation. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements.
(b) Local, state and federal permits. A solar farm shall be required to obtain all necessary permits from the Michigan Department of Environmental Quality (see § 150.257(L)(4)(b)) and any applicable municipal, county, state, or federal permits.
(c) Agreements/easements. If the zoning lot (as defined in § 150.006) on which the project is proposed is to be leased, rather than owned, by the owner of the solar farm, all property within the project boundary must be included in a recorded easement(s), lease(s), or consent agreement(s) specifying the applicable uses for the duration of the project. All necessary leases, easements, or other agreements between the owner of the solar farm and property owners must be in place prior to commencing construction, unless specified otherwise by the conditional use permit.
(3) Permit applications.
(a) An application for a conditional use permit to establish a solar farm must include a complete description of the project and documentation to sufficiently demonstrate that the requirements set forth in § 150.257(L)(2)(a) will be met. Supporting documentation for addressing the review criteria of § 150.257(L)(4) is also to be provided. The Planning Commission and Township Board may require any information reasonably necessary to determine compliance with this code. The application must also be accompanied by detailed site plans drawn to scale and dimensioned and certified by a registered engineer licensed in the State of Michigan, displaying the following information:
1. All lot lines and dimensions, including a legal description of each lot or parcel comprising the solar farm;
2. Names of owners of each lot or parcel within Summit Township that is proposed to be within the solar farm;
3. Vicinity map showing the location of all surrounding land uses;
4. Location and height of all proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing, and all above-ground structures and utilities associated with a solar farm;
5. Horizontal and vertical (elevation) to scale drawings with dimensions that show the location of the proposed solar array(s), buildings, structures, electrical tie lines and transmission lines, security fencing and all above ground structures and utilities on the property;
6. Location of all existing and proposed overhead and underground electrical transmission or distribution lines within the solar farm and within 1,000 feet of the outside perimeter of the solar farm;
7. Proposed setbacks from the solar array(s) to all existing and proposed structures within the solar farm;
8. Land elevations for the solar array(s) location and the relationship to the land elevations of all existing and proposed structures within the solar farm;
9. Access driveways within and to the solar farm, together with a detailed narrative regarding dimensions, composition, and maintenance of each proposed driveway. All access drives shall be subject to Jackson County Department of Transportation approval, and shall be planned so as to minimize the use of lands for that purpose;
10. Planned security measures to prevent unauthorized trespass and access and to warn of potential dangers during the construction, operation, removal, maintenance or repair of the solar farm;
11. A written description of the maintenance program to be used for the solar array(s) and other components of the solar farm, including decommissioning and removal when determined by the township to be obsolete, uneconomic, or abandoned. The description shall include maintenance schedules, types of maintenance to be performed, and decommissioning and removal procedures and schedules if the solar farm becomes obsolete, uneconomic or abandoned;
12. A copy of the manufacturer’s safety measures;
13. Planned lighting protection measures; and
14. Additional detail(s) and information as required by the conditional use permit requirements of the Zoning Code, or as required by the Planning Commission.
(b) It is preferred that any related conditional use permit applications for substations or new transmission lines be considered in conjunction with the conditional use permit application for the solar farm; however, if the details of those improvements are not available at the time of application for the solar farm, they may be considered later, through subsequent conditional use permit review. At a minimum, the intended route for connecting to the power grid and the alternative locations of any substation shall be disclosed with the application for the solar farm.
(c) Due to the complexity of solar farm projects, the township may require a development agreement or other appropriate instrument to address taxing, property assessment, decommissioning bond, and other related issues not addressed by this subsection. A development agreement may be required as a condition of the permit, and must be approved by the Township Board prior to commencing construction.
(4) Provisions for conditional use permit review. In addition to the standards set forth for conditional use approval in § 150.253, additional consideration shall be given to the following:
(a) Project rationale. Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy.
(b) Siting considerations. Siting considerations, such as avoiding areas/locations with a high potential for biological conflict such as areas of environmental concern, parks, trails, special management areas or important wildlife habitat or corridors; avoiding visual corridors that are prominent scenic view sheds; avoiding areas of erodible slopes and soils, where concerns for water quality, landslide, severe erosion, or high storm runoff potential have been identified; and, avoiding known sensitive historical, cultural or archeological resources.
(c) Wildlife habitat areas and migration patterns. Specifically include information on any use of the site by endangered or threatened species and whether the project is in a biologically significant area. If threatened or endangered species exist in the area, consultation with the Michigan Departments of Natural Resources and Environmental Quality will be necessary.
(d) Environmental analysis. The Planning Commission may require an analysis of impacts to historic, cultural and archaeological resources; soil erosion (water and wind); flora; and water quality and water supply in the area when there is reason to believe that adverse impacts to such may occur.
(e) Hazardous waste. As applicable, the application must include plans for the spill prevention, clean-up, and disposal of fuels, oils, and hazardous wastes.
(f) Transportation plan for construction and operation phases. Proof of an agreement with the Jackson County Department of Transportation and the Michigan Department of Transportation (if applicable) regarding any construction phase of the project is required.
(g) Public safety. Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, and the like that may be created by the project.
(h) Decommissioning plan. Describe the decommissioning and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of proposed commitments with affected parties (i.e., township, any lessor or property owner, etc.) that ensure proper final reclamation of the solar farm. Among other things, revegetation and road repair activities should be addressed in the plan. Under this plan, all structures and facilities shall be removed, including any structures below-grade, and removed offsite for disposal. No concrete, piping and other materials may be left in place. The ground must be restored to its original condition within 180 consecutive days.
(5) Application escrow account. An escrow account shall be deposited with the township by the applicant when the applicant applies for a conditional use permit for a solar farm. The monetary amount deposited by the applicant in escrow with the township shall be the amount estimated by the township to cover all reasonable costs and expenses associated with the conditional use permit review and approval process, which costs shall include, but are not limited to, reasonable fees of the Township Attorney, Township Planner and Township Engineer, as well as costs for any reports or studies that are reasonably related to the zoning review process for the application. Such escrow amount shall be in addition to any filing or application fees established by resolution. At any point during the review process, the township may require that the applicant place additional funds into escrow with the township if the existing escrow amount deposited by the applicant is deemed insufficient by the township. If the escrow account needs replenishing and the applicant refuses to do so promptly, the review process shall cease unless and until the applicant makes the required additional escrow deposit.
(6) Decommissioning escrow account. If a conditional use permit is approved pursuant to this subsection, the township shall require security in the form of a cash deposit, or surety bond acceptable to the township, which will be furnished to the township in order to ensure full compliance with this subsection and all conditions of approval. When determining the amount of each required security, the township may also require an annual escalator or increase based on the Consumer Price Index (or the equivalent or its successor). Such financial guarantee shall be deposited or filed with the Township Clerk after a conditional use permit has been approved but before construction commences on the solar farm. At a minimum, the financial security shall be in an amount determined by the township to be reasonably sufficient to restore the property to its previous condition prior to construction and operation of the solar farm. Such financial security shall be kept in full force and effect during the entire time that the solar farm exists or is in place, and such financial security shall be irrevocable and non-cancelable.
(7) Code compliance. Construction of a solar farm shall comply with the National Electric Safety Code and any applicable Michigan construction codes as a condition of any conditional use permit under this subsection.
(8) Certified solar array components. Components of a solar farm shall be approved by the Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electronic Testing Laboratories (EIL), or other similar certification organization acceptable to the township.
(9) Solar access. The township makes no assurance of solar access other than the provisions contained within this subsection. The applicant may provide evidence of covenants, easements, or similar documentation for abutting property owners providing access to solar energy for the operation of a solar farm.
(Ord. -, Article V, § 5.5.7, passed 9-12-2006; Am. Ord. passed - -; Am. Ord. passed 11-13-2018) Penalty, see § 150.999