AN ORDINANCE TO AMEND Article 2
GENERAL PROVISIONS, ARTICLE 3 ZONING DISTRICTS, USES TABLE AND MAP, SECTIONS
405 AND 407 OF ARTICLE 4, OF THE EAST BAY CHARTER TOWNSHIP ZONING ORDINANCE.
1. Section
231 shall be hereby added, as follows:
Section 231 – FOREST LAKES OVERLAY DISTRICT
1. intent. The inland lakes of
“The citizens of
Accordingly, this section is intended to promote the preservation of natural features around and near lakefronts that are characterized by their current natural state, to protect water quality, and regulate development and the use of property which has water frontage along an inland lake through the application of land use and development standards which shall apply in addition to any and all standards within the underlying zoning district.
2. Applicability. The standards of this Section 231 apply to lands in the Township meeting both of the
following requirements:
1. Located
within an area five hundred (500) feet or less from the ordinary high watermark
of Arbutus Lake, Spider Lake, Rennie Lake, High Lake,
Chandler Lake, Vandervoight Lake, Indian Lake, Perch Lake, Spring Lake, George Lake, Tibbets Lake, and Bass Lake; and
2. Containing
topographic contours such that stormwater from the
parcel drains directly or indirectly into such lakes.
3. Permitted
Uses. All uses permitted
by right or as special land uses permitted within the underlying zoning
district shall be permitted pursuant to said underlying standards; provided,
however, that within the Forest Lakes Overlay, Subdivisions, residential subdivisions consisting of two or more residential building
sites or two or more residential structures under any lawful form of ownership,
including but not limited to ownership subject to or created under the Land
Division Act or the Michigan Condominium Act, whether undertaken as cluster or
traditional form shall be treated as special land uses Subject to the terms of
Article 6, pursuant to Section 231.
4. DISTRICT
REGULATIONS. Except as modified by the
terms of this Section 231, all
district dimensional and development standards of the underlying zoning
district shall apply in the Lakes Area Overlay district.
5. APPLICATION
REQUIREMENTS. In addition to the
requirements of Section 820, site
plans for any development which includes two (2) or more residential units,
lots or condominium units, or any special land use, within the overlay area as
described in Section 231, 2, shall include:
a. Survey. A topographic survey rendered at not greater
than two (2) foot contours for all portions of the site which is proposed to be
developed or disturbed together with the adjoining area for a distance of not
less than one hundred (100) feet from any area of development or
disturbance. Said survey shall be sealed
by a surveyor licensed to practice in
b. Tree
Inventory. An inventory of all trees
with a diameter at breast height of at least eight (8) inches existing within
all portions of the site which is proposed to be developed or disturbed
together with the adjoining area for a distance of not less than one hundred
(100) feet from any area of development or disturbance. For the purposes of this inventory a cluster
of trees standing in close proximity of five (5) feet or closer may be
designated as a “stand” of trees, and the predominant species, estimated
number, and average size shall be indicated.
c. Environmental Assessment. Unless waived by the Township Engineer, an
environmental assessment meeting
the requirements of this section. The
Township Engineer may waive the requirement for an environmental assessment
upon a finding that
¨ The degree of
environmental impact presented by the proposed development is comparable to
that from existing development patterns and thus so inconsequential as to make
the environmental assessment unnecessary, and;
¨ The site clearly does
not include any sensitive areas, such as, but not limited to, wetlands, hydric soils, steep slopes, or similar features, and;
¨ The proposed development
would not involve any land form change or disturbance within one hundred (100)
feet of any body of water, or;
¨ The proposed development
would be regulated by any federal or state regulation or statute which would
require the preparation of an environmental assessment substantially equivalent
to the requirements of this Section.
1) An Environmental Assessment shall be a
summary review of the environmental impacts of a project. Its purpose will be to provide relevant
information to the Planning Commission on the potential environmental impact of
applications for site plan approval related to larger projects that may have a
substantial impact on the Forest Lakes Area Overlay District.
2) Guidelines.
When required by this
ordinance, an applicant for site plan approval shall prepare an Environmental
Assessment in accordance with these guidelines. An Environmental Assessment is
not an Environmental Impact Statement, but rather a summary review of the site
in question considering the past and present land uses and the proposed
development. The analysis is intended to determine how the proposed development
will meet the goals of the community as they are expressed in the Comprehensive
Plan, this ordinance and,
specifically, this Overlay District. The
complexity of the Environmental Assessment will depend on the scope of the
project and the magnitude of the potential impact. In preparing the Environmental
Assessment, judgment should be exercised to keep the form and extent of
responses in proportion to the scope of the project. Each answer is to be as
brief as practicable, although the Planning Commission may request further
elaboration. The Township Engineer may waive elements of these guidelines as
either not applicable or previously addressed in other submittals, on a
case-by-case basis. All information must
be submitted in the following format and shall not merely reference a study or
report completed previously, rather whenever possible, the Environmental
Assessment report shall incorporate a summary of the findings of such study or
report in addition to such cross-references.
In addition, any cross-referenced study or report shall be submitted
with the Environmental Assessment.
3) Content. The following material may be required and/or
addressed in the Environmental Assessment, unless specifically waived by the
Township Engineer, as not applicable:
(a) A
description of the site in its current condition. This shall indicate any buildings to be
preserved and those to be removed along with an indication of what will be done
with the demolition debris. This must
also include information on:
i Flora
and fauna (be sure to list any endangered species on-site)
ii General topography
and drainage patterns including any regulated features such as wetlands, high
risk erosion areas or other features
iii Adjacent waterways
iv Existing wells,
approximate depth and use
v Existing topography
of the site rendered by a land surveyor at not more than two-foot intervals
vi A characterization
of soil types and slopes
(c) A
description of any existing contamination on-site. This should include a description of the
nature of the contamination on-site and what will be done on this project to
mitigate or contain it, including the proposed methodology and any state or
federal regulatory agency reviews that may apply. If the project includes work that may disturb
or displace existing contaminated soils or water, this should include a description
of proposed methods to contain and/or dispose of the generated waste.
(d) If
the proposed project will impact any shoreline areas or floodplain or involve
riparian work along adjacent waterways, a description of the proposed work and
the methodology proposed to protect waterways shall be provided.
(e) A
description of the existing soils on-site and a statement as to the suitability
of these soils for the proposed use.
(f) A
description of any historical or archeological significance associated with the
site. If any such areas are present,
this shall include a description of methods to protect and preserve any
historic or archeological resources.
(g) A
description of any emissions from the proposed development as it relates to air
quality. This will include any
construction-related impacts from dust or burning. If any emissions are proposed, this shall
include a description of each constituent and the effects of each constituent
to nature and human life.
(h) A
description of any hazardous materials or waste to be generated or stored
on-site. This shall include a
description of proposed methods to contain such materials and prevent any
migration into adjoining soils or groundwater or into the atmosphere.
(i) A description of any storm water discharges from
the site. This shall include a
characterization of such discharge in terms of the quantity, quality and
chemical constituents and temperature and a description of the possible effects
this discharge may have on the receiving waters.
(j) If
a Federal, State, or local regulatory authority has conducted an Environmental
Assessment, Environmental Impact Statement, or a preliminary assessment/site
inspection or environmental survey of the site, a brief description of the
findings and provide a copy of the report or results.
(k) A
description of the anticipated noise levels to be generated at all property
lines of the proposed use. This shall
include a description of measures proposed to mitigate noise.
(l) A
description of the anticipated traffic to be generated by the proposed
use.
(m) A
description of plans for site restoration after construction.
(n) A
description of methods to handle sanitary waste for the project both during
construction and after completion.
(o) A
description of how potable water will be provided to the site. If any on-site wells are proposed or any
lake-draw systems are proposed for the project, this shall include a
description of the type of well or lake draw system, any regulatory requirements
that may apply and the status of such regulatory approval.
(p) A
description of any additional items as needed to relay the potential
environmental impacts of the proposed project.
(q) Chain of title history from abstract
company detailing easements, deed restrictions or other encumbrances.
4) The
individual preparing the Environmental Assessment must sign and seal (if
prepared by a registered engineer, land surveyor, community planner or
landscape architect) the submitted document.
5) The
Zoning Administrator may submit the study to a recognized consultant(s) in the
field for review and independent comment. The cost of any such review shall be
borne by the applicant.
d. Landscape
Plan. A landscape plan
incorporating the provisions of Section 229 together with proposed finished
grade contours and detail on all species to be installed and protected on the
site.
6. DEVELOPMENT
STANDARDS. In addition to the
development requirements for the Lakes Area and Natural Area Zoning districts,
the following standards shall apply within the Forest Lakes Overlay District.
a. Impervious
Surface. Impervious surfaces, including
roof tops, concrete or asphalt pavement and similar materials shall comprise
not more than twenty percent (20%) of the gross site area. Provided, however, that the Planning Commission
may permit greater areas of imperviousness where measures acceptable to the
Drain Commissioner or pursuant to the Stormwater
Control Ordinance are proposed
b. Slope
Protection. No development or
disturbance shall be permitted on slopes of 80% or more regardless of soils
type nor on slopes of 50% to 79% consisting of highly erodable soils, as defined in the Grand Traverse County
Soil Survey. Development on moderately erodable soils slopes of up to 79% shall conform to the
requirements of the Stormwater Control
Ordinance.
c. Filter
and Buffer Strips. For any new
development or sites where development or land form change is proposed within
fifty feet of the ordinary high water mark, natural native vegetation must be
retained or reestablished over 80% of the area extending 30 feet inland from
the ordinary high watermark and running the width of the lot, and over 50% of
the area beginning 30 feet inland from the ordinary high water mark and
extending inland an additional 20 feet to the rear setback line.
d. Landscaping. New development or redevelopment involving
the disturbance of more than ten thousand (10,000) square feet of a site shall
include a landscape plan meeting the following standards.
1) All proposed plantings to be incorporated or
retained shall be identified and listed.
Preferred species shall include native hardwoods, conifers and shrubs,
as set forth in the New Designs for Growth Development Guidebook.
2) Invasive, non-native and exotic plantings
shall be prohibited.
3) Turf grass areas shall be limited to no more
than 20% of the area extending thirty (30) feet inland from the ordinary high
watermark and no more than 50% of the area beginning thirty (30) feet inland
from the ordinary high water mark and extending inland an additional twenty
(20) feet.
4) There shall be no limitation on the use of
annual plant species.
1. ef. Artificial Beaches. The installation of artificial beaches
proposed as part of new development in the Forest Lakes Area Overlay shall be
regulated by the Drain Commissioner and may not exceed fifteen (15) feet in
depth as measured perpendicular to the ordinary high water mark and equal in width to ten percent (10%) of the length of
the water frontage of the lot or ten (10) feet, which ever is greater.
2. fg. Shoreline Structures. Any permitted new accessory structure, such
as accessory buildings, stairways, docks, decks or other man-made structure,
shall be constructed of wood, or if constructed of metal, shall be finished
with a non-glossy or non-reflective paint or powder coat material to prevent
glare and to blend well with the natural surroundings. Docks, boathouses, boat lifts and similar
structures shall be located in conformance with the sideyard
setback requirements and such sideyard setback lines
shall be extended to include bottom lands on any waterfront lot.
2. Section
303, Table 3-1, Uses Permitted by Right and