(A) Compliance required. All land uses shall comply with the environmental performance standards established herein unless any federal, state, county or village law, ordinance or regulation establishes a more restrictive standard, in which event the more restrictive standard shall apply.
(B)
Glare and exterior lighting. For the purposes of this section, public streetlights shall be considered an essential public service, as defined in § 152.267. (1) Exterior lighting shall be located and maintained to prevent the reflection or glare of light in a manner that creates a visual nuisance or safety hazard.
(2) All outdoor lighting shall be fully shielded and directed away from, and no light source shall be visible from, adjacent properties, roads and public rights-of-way.
(3) Reasonable lighting for safety and security purposes shall be encouraged, subject to the limitations set forth herein.
(4) Lighting shall not exceed one-half foot candles at a residential lot line or one foot candles at a nonresidential lot line.
(5) Light intensity shall not exceed ten foot candles in any given area on the site. The Planning Commission, at its discretion, may allow for an increased level of lighting if it can be demonstrated that the lighting is necessary for safety and security purposes.
(6) Pole mounted light fixtures shall not exceed 20 feet in height. On portions of a site adjacent to a residential district or use, light fixtures shall not exceed 15 feet in height.
(7) The design and/or screening of the development shall insure that glare from vehicle headlights shall not be directed towards any adjacent property, particularly residential property.
(8) No glare from any activity (such as arc welding or acetylene torch cutting) shall be visible from any point beyond the property upon which the use is being conducted.
(9) Reflective materials on building facades and/or rooftops shall not create a nuisance or safety hazard.
(10) Any site plan review required by §§
152.385et seq. shall also include submittal of the following: (a) A lighting plan showing light fixture locations and types;
(b) Lighting equipment specifications, including construction drawings and data sheets; and
(c) A photometric plan showing horizontal light levels in a point-by-point format with contour lines.
(1) Noise levels as recorded at the lot line shall not exceed 60 decibels between the hours of 6:00 a.m. and 9:00 p.m. and shall not exceed 45 decibels between the hours of 9:00 p.m. and 6:00 a.m.
(2) Objectionable sounds of an intermittent nature or sounds characterized by high frequencies, even if falling below the aforementioned decibel readings, shall be so controlled so as not to become a nuisance to adjacent uses. This shall particularly apply to commercial activities adjacent to a residential district or use.
(3) These limits shall not apply to noise resulting from public safety signals or warning devices.
(D) Vibration. No activity or use shall create ground-transmitted vibrations that are recurring and perceptible at any property line.
(1) Air pollution. It shall be unlawful for any person, firm or corporation to permit the emission of any smoke, dust or other air contaminant in violation of applicable air quality standards adopted by the Federal Clean Air Act and the Michigan Department of Environmental Quality.
(2) Odors. Any condition or activity resulting in the emission of a noxious odor that is perceptible at any point along the property line shall be prohibited.
(3) Gases. Any condition or activity resulting in the emission of a gas that is explosive, injurious to people or destructive to property is prohibited.
(F) Electromagnetic interference. Any interference with normal radio, telephone or television reception across property lines shall be prohibited.
(G) Material use, storage and disposal.
(1) It shall be unlawful to pollute or otherwise impair the air, water, soil or any other natural resource within the Village of Pinckney as a result of the following activities:
(a) The use, storage and/or disposal of a hazardous substance; and
(b) The storage and/or disposal of solid, liquid, gaseous and/or sanitary waste.
(2) Any person, firm, corporation or other legal entity engaged in any of the above activities shall comply with all applicable federal, state and village regulations, including obtaining all necessary permits and/or licenses.
(3) No solid waste shall be stored or disposed of in such a manner as to create a nuisance, visual eye-sore or safety or environmental hazard.
(4) No operation that produces hazardous waste shall commence without prior notice to the Zoning Administrator. Notice shall be provided at least three weeks before the operation is commenced.
(H) Nonresidential uses involving hazardous and polluting materials. Nonresidential sites at which hazardous substances and polluting materials are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, lakes, streams, rivers or wetlands. Hazardous substances and polluting materials as used in this section shall mean hazardous chemicals as defined by the Michigan Department of Community Health and the Michigan Department of Labor and Economic Growth, flammable and combustible liquids as defined by the Michigan State Police Fire Marshal Division, critical materials, polluting materials and hazardous waste as defined by the Michigan Department of Environmental Quality, hazardous substances as defined by the United States Environmental Protection Agency and hazardous materials as defined by the United States Department of Transportation.
(1) Secondary containment for above ground areas where hazardous substances and polluting materials are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
(2) General purpose floor drains shall be allowed only if they are authorized to be connected to a public sewer system, an on-site holding tank or a system authorized through a state groundwater discharge permit.
(3) State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges shall be allowed without required permits and approvals.
(4) File with the local Fire Department a floor plan describing, in full detail, the location and identification of hazardous or polluting substances within the first three months of the commencement of business. The floor plan shall be updated with the local Fire Department on a yearly basis.
(Ord. 37, passed 8-28-2005) Penalty, see §
152.999
