NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLES VII, VIII, IX, XI, XIV, XVI, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVII, XXX, XXXIV & XXXV
PERFORMANCE GUARANTEE
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, August 15, 2016, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance amending the Zoning Ordinance No. 78, Articles VII, VIII, IX, XI, XIV, XVI, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVII, XXX, XXXIV & XXXV, for the Charter Township of Orion, Michigan; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Articles VII, VIII, IX, XI, XIV, XVI, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVII, XXX, XXXIV and XXXV are amended by adding the herein after language in the Articles as follows:
ARTICLE VII – Multiple Family Residential Districts, RM-1 & RM-2
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Section 7.05 – Required Conditions
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L. Performance Bond Guarantee Requirement.
The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE VIII – Mobile Home Park District (MHP)
Section 8.04 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE IX – Office & Professional District (OP)
Section 9.03 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XI – Restricted Business (RB)
Section 11.03 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XIV – General Business (GB)
Section 14.03 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XVI – Limited Industrial (LI)
Section 16.03 – Required Conditions
J. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XVIII – Industrial Park (IP)
Section 18.05 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XIX – Industrial Complex (IC)
Section 19.03 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XX –Railroad Freight Yard District (RFY)
Section 20.04 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XXI – Special Purpose 1 (SP-1)
Section 21.04 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XXII – Special Purpose 2 (SP-2)
Section 22.04 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XXIII – Recreation 1 (REC-1)
Section 23.05 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XXIV – Recreation 2 (REC-2)
Section 24.06 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XXV – Parking District (P)
Section 25.04 – Required Conditions
L. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XXVII – General Provisions
Section 27.05 – Landscaping, Fences, and Walls
A. Landscaping.
1. Intent. Landscaping, greenbelts, and screening are necessary for the protection and enhancement of the environment and for the continued vitality of all land uses in the Township. Landscaping and greenbelts are capable of enhancing the visual environment, preserving natural features, improving property values, and alleviating the impact of noise, traffic, and visual disruption related to intensive uses. Screening is important to protect less intensive uses from the noise, light, traffic, litter, and other impacts of intensive non-residential uses. The purpose of this section is to set minimum standards for the protection and enhancement of the environment through requirements for the design and use of landscaping, greenbelts, and screening.
2. Scope of Application. The requirements set forth in this section shall apply to all uses, lots, sites, and parcels which are developed or expanded following the effective date of this Ordinance. No site plan shall be approved unless said site plan shows landscaping consistent with the provisions of this section. Furthermore, where landscaping is required, a building permit shall not be issued until the required landscape plan is submitted and approved, and a Certificate of Occupancy shall not be issued unless provisions set forth in this section have been met or a performance bond guarantee has been posted in accordance with the provisions set forth in Section 30.09.
In cases where the use of an existing building changes or an existing building is changed or otherwise altered, all of the standards set forth herein shall be met.
The requirements of this section are minimum requirements, and nothing herein shall preclude a developer and the Township from agreeing to more extensive landscaping.
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C. Installation and Maintenance. The following standards shall be observed where installation and maintenance of landscape materials is required:
1. Installation. Landscaping shall be installed in a sound, workman-like manner and according to accepted good planning procedures, with the quality of plant materials as hereinafter described. Landscaped areas shall be protected from vehicular encroachment by use of wheel stops or some other means. Landscaped areas shall be elevated above the pavement to a height adequate to protect plant materials from snow removal operations, salt, and other hazards. If building or paving construction is completed in an offplanting season, a temporary Certificate of Occupancy may be issued only after the owner provides a performance bond guarantee to ensure installation of required landscaping in the next planting season.
2. Maintenance. The owner of landscaping required by this Ordinance shall maintain the landscaping in a healthy, neat, and orderly appearance, free from refuse and debris. All unhealthy and dead plant material shall be replaced in the next appropriate planting period. Maintenance of landscaped areas in public rightsofway adjacent to required landscape areas shall be the responsibility of the owner of the adjacent private property.
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Section 27.12 – Tree and Woodlands Protection
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F. Application Review Procedure.
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4. Tree Removal Permit. Whenever an application for a Tree Removal Permit is granted, the reviewing authority shall:
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c. Security. Require the permit grantee to file with the Township a cash or corporate surety bond or irrevocable bank letter of credit in an amount reasonably determined necessary by the Township to ensure compliance with the Tree Removal Permit conditions and this Ordinance in regard to transplanting and replacement of trees; provided, however, that security shall only be required if the developer is to perform the transplanting and/or replacement after six (6) months following grant of a permit, or to perform the transplanting and/or replacement after issuance of a Certificate of Occupancy. The security requirement may also be waived at the direction of the Planning Commission or Building Official.
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Section 27.18 – Wind Energy Conversion Systems
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D. Additional Standards for Commercial WECS Structures – The following additional standards shall apply to all commercial wind energy conversion systems in the Charter Township of Orion:
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6. Bond or Letter of Credit. The applicant is required to post an irrevocable bond or letter of credit for removal of a commercial structure. The value of the bond shall be in the amount given prior to construction for the cost of removal and any other costs deemed necessary by the Township. Failure of the applicant to pay for removal costs, failure of the bond or letter of credit to pay for removal costs, or any other failure in the recovery of removal costs will permit the Township to apply all unpaid costs as a tax lien on the applicant’s property.
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ARTICLE XXX – Administrative Procedures & Standards
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Section 30.09 – Performance Guarantee
A. Intent. To ensure compliance with the provisions of this Ordinance and any conditions imposed thereunder, the Township shall require that a performance guarantee be deposited with the Township Clerk, to ensure faithful completion of improvements.
B. Improvements Covered by the Performance Guarantee. As used in this section, improvements include those features and actions associated with a project which are considered necessary to protect natural resources, or the health, safety, and welfare of the residents of the Township and future users or inhabitants of the proposed project or project area. Improvements shall include roadways, lighting, utilities, sidewalks, screening, parking areas, drainage, and similar features. Township requirements related to improvements such as record (as-built) plans, easements, maintenance and financial guarantees guarantee bonds, and similar items, along with consultants’ review time, shall also be included in the performance guarantee improvements.
C. Completion Agreement (PUD Agreement). For a Planned Unit Development under Section 30.03, or any development intended to be developed in more than one phase, the following shall be set forth in a completion agreement: the improvements to be covered by the performance guarantee, the amount required to guarantee completion of the improvements plus an administrative fee in an amount approved by the Township Board, and the time for completion of the improvement. The completion agreement shall be in a form and manner approved by the Township Attorney.
D. All The performance guarantees and completion agreements (PUD Agreements) shall meet the following requirements:
1. The performance guarantee shall be in the form of a cash deposit, irrevocable bank letter of credit or certified check.
2. The performance guarantee shall be submitted along with a fully executed completion agreement at the time of issuance of the permit authorizing the activity or project. The Township shall deposit the funds in an interest bearing account in a financial institution with which the Township regularly conducts business.
3. The amount of the performance guarantee shall be sufficient to cover 50% of the total the estimated cost of improvements associated with a project for which site plan approval is sought, which amount shall be reviewed and approved by the Township Engineers, plus an administrative fee in an amount approved by the Township Board.
4. The entire performance guarantee, including interest accrued without interest and less the 10% detailed in Section 30.09 (D) (5) below, shall be returned to the applicant upon satisfactory completion of the required improvements within the time limits specified in this Ordinance. The applicant may request that the performance guarantee be returned as work progresses in reasonable proportion to the ratio of work completed on the required improvements. The applicant is responsible to pay all costs and fees, including all consultant or third party fees, related to the Township’s determination of the reasonable proportion of the work completed.
5. An amount not less than ten percent (10%) of the total performance guarantee shall be retained for a period of at least one (1) year after installation of landscape materials to ensure their proper maintenance and replacement, if necessary. This amount, without interest, shall be released to the applicant upon certification by the Building Department that all landscape materials are being maintained in good condition.
E. Unsatisfactory Completion of Improvements. Whenever required improvements are not installed or maintained in accordance with the standards or time limits of this Ordinance or as set forth in the a completion agreement, the Township may complete the necessary improvements itself or by contract to with an independent developer contractor, and assess all costs of completing said improvements against the performance bond guarantee or other surety. , including any interest accrued on said bond or surety Prior to the completing of said improvements, the Township shall notify the owner, site plan review applicant, or other individual or firm responsible for installation and maintenance of the required improvements.
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Section 30.11 – Permits to Construct, Move, Alter or Change Use
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F. Temporary Use Permits.
Temporary use permits may be considered by the Township for the following uses:
Outdoor Display and Sales
Open Air Business
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3. Additional Requirements for Open Air Business
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m. The Zoning Board of Appeals and or the Building Department shall require a performance bond guarantee in the form of cash or, letter of credit or other security to insure compliance with the conditions of a temporary use permit for Open Air Businesses.
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ARTICLE XXXIV – Brown Road Innovation Zone
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Section 34.03 – Required Conditions / Flex Zoning
All activities and uses in this District shall comply with the following required conditions, except where an existing building is legally in nonconformance, or where a variance from the conditions has been legally granted by the Zoning Board of Appeals.
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M. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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ARTICLE XXXV – Lapeer Road Overlay District
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Section 35.04 – Development Standards
Buildings and uses in the Lapeer Road Overlay Zoning District shall comply with the following requirements:
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C. Performance Bond Guarantee Requirement. The Planning Commission shall require a performance bond guarantee to be deposited with the Township Clerk in accordance with the provisions set forth in Section 30.09, to ensure that necessary and required improvements proposed on the site plan will be completed.
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SECTION 2 of Ordinance
All other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.
SECTION 4 of Ordinance
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.
SECTION 5 of Ordinance
This Ordinance is hereby declared to have been adopted by the Board of Trustees of the Charter Township of Orion at a meeting thereof duly called and held on the 15th day of August 2016, and ordered to be given publication in the manner prescribed by the Charter of the Township of Orion.
Complete copies of the proposed Ordinance can be viewed on the Township’s website, www.oriontownship.org and also are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, where they may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.
Penny S. Shults, Clerk
Charter Township of Orion
Publish: 07.20.16