§ 28-110. Environmental protection standards.

(a)

Intent. The intent of including environmental protection standards is to ensure that development in the City of Jackson that is reviewed, approved and completed under the regulations of this [chapter] is compatible with the natural systems of this city including woodlands, wetlands, the Grand River and other drainage courses, soils, air and the overall natural quality of life. These features are sensitive and can be negatively impacted by development. The following standards seek to minimize these impacts and are in addition to state regulations related to natural features such as the Natural Resources Environmental Protection Act (PA451 of 1994, MCL 324.101 et sec), as amended.

(b)

Soil removal, filling, and grading standards.

(1)

Applicability. No person is authorized to undertake any tree clearing, grading, stripping, excavating or filling, or undertake any earth change, unless the zoning administrator (or designee) has issued a valid grading permit in consultation with the city engineer (or designee).

(2)

Exceptions to applicability. A grading permit is not required under the circumstances described below. Even though no permits are required for these instances, those operations and construction exempted from obtaining permits must still be in compliance with the rules and regulations concerning grading and erosion specified in this [section] or other applicable laws and ordinances.

a.

The activity is associated with an approved site plan, subdivision plat, site condominium plan or private street approval.

b.

Plowing and tilling of land for purposes of gardening or urban farming provided that:

1.

The activity meets the requirements of this section;

2.

The activity complies with article V, post-construction stormwater management for new development and redevelopment, of chapter 27 and the city's Stormwater Management Manual; and

3.

A soil erosion and sedimentation control permit is obtained from Jackson County, if required by Part 91, Soil Erosion and Sedimentation Control, of the Natural Resources and Environmental Protection Act (PA 451 of 1994, MCL 324.9101), as amended.

c.

The activity involves a volume of soil less than one hundred (100) cubic yards, provided the alteration meets the requirements of this section.

d.

The activity is associated with grading or excavating for a building or structure that was authorized by another valid permit.

e.

If the zoning administrator (or designee) certifies in writing that the planned work and the final structure or topographical changes will not: result in or contribute to soil erosion or sedimentation of the water of the state; interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the depositing of debris or sediment on any public way; create any hazard to any persons or property; or have a detrimental influence upon the public welfare or upon the total development of the watershed.

(3)

Grading permit review and approval procedures. A separate application is required for each grading permit and the following procedure will apply:

a.

Submission of a completed application as required in subsection (b)(4) of this section and the required fee to the zoning administrator (or designee).

b.

The zoning administrator (or designee) will review the application for conformance with subsection (b)(4) and (5) of this section. The zoning administrator (or designee) may require a re-submittal, or additional information. If the zoning administrator (or designee) determines the application complies with the ordinance, the permit will be issued.

c.

The zoning administrator (or designee) will inspect the work upon completion to confirm compliance with the approved plan.

(4)

Application information requirements. The plans must be prepared or approved by a person who is trained and experienced in soil erosion and sedimentation control methods and techniques. The plans and specifications accompanying the grading permit application and required fee will be submitted to the zoning administrator (or designee) and contain the required data listed below.

a.

A vicinity sketch indicating the site location as well as the adjacent properties within one hundred (100) feet of the site boundaries.

b.

Scale and north arrow for the plan.

c.

Name, address and telephone number of the landowner, developer and petitioner.

d.

The location of existing and proposed utility structures, ditches, culverts.

e.

The location and distance of drainage structure to which the site will drain.

f.

The location of existing and proposed buildings and structures.

g.

A description and details of soil erosion control methods.

h.

Existing and proposed spot elevations and indicators of existing and proposed drainage patterns for the site and adjacent properties within one hundred (100) feet of its boundaries. The zoning administrator (or designee), in consultation with the city engineer (or designee), may also require existing and proposed topographic contours at no less than two-foot intervals if he or she determines them to be necessary.

i.

A timing schedule indicating the anticipated starting time and completion dates for the project.

j.

Any additional information deemed necessary by the zoning administrator (or designee) in consultation with the city engineer (or designee).

(5)

Review standards. All applications will comply with the following standards:

a.

New grades must slope away from buildings and structures, thereby causing surface water to drain away from the walls of the building to a natural or established drainage course.

b.

New grades cannot be established that will permit an increase surface water run-off onto adjacent properties and public roadways except through established drainage courses.

c.

New grades cannot result in the creation of standing water; the erosion or filling of a roadside ditch and cannot result in the blockage of public water courses.

d.

Any land development, dredging, filling or other activity requiring a permit pursuant to Part 91 of the Natural Resources and Environmental Protection Act (PA 451 of 1994, MCL 324.9101 et seq.) must obtain said permit from the County of Jackson prior to the issuance of a grading permit. The zoning administrator (or designee) may require the applicant to submit a letter from the county to confirm non-jurisdiction.

e.

Any land development which disturbs the existing grade of more than one (1) acre of land or lies within five hundred (500) feet of a river, stream lake or open drain, requires a soil erosion and sedimentation control (SESC) permit per the requirements of Part 91 of the Natural Resources and Environmental Protection Act (PA 451 of 1994, MCL 324.9101), as amended, prior to issuance of a grading permit.

f.

Any project requiring a grading permit is also required to obtain a letter from the city engineer (or designee) confirming compliance with article V, post-construction stormwater management for new development and redevelopment, of chapter 27 and the city's Stormwater Management Manual.

(6)

Performance guarantee. The city may require a performance guarantee, as authorized by section 28-165 of this chapter, to assure the completion of any improvements shown on the site plan. For the purposes of this section, improvements subject to performance guarantees must include features and actions associated with a project that are considered necessary by the city to protect the natural resources or the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening and drainage.

(7)

Extension of time. If the applicant is unable to complete work within the specified time, he may, at least ten (10) days prior to the expiration of the permit, present in writing to the zoning administrator (or designee) a request or extension of time setting forth the reasons for the requested extension. If such an extension is warranted, the zoning administrator (or designee) may grant additional time for the completion of the work, but no such extension releases the owner from the obligation of the performance guarantee, if required, set forth in subsection (b)(6) above.

(c)

Preserving existing vegetation.

(1)

Intent. The intent of this section is to preserve existing vegetation unless there are no other site design alternatives. Where healthy plant material exists on a site prior to its development or redevelopment, as determined by the zoning administrator (or designee) or the planning commission, variations from the landscape requirements contained in section 28-105 may be approved to allow credit for such plant material if such adjustment is in keeping with the intent of this section.

(2)

Inspection. All existing vegetation must be inspected by the zoning administrator (or designee) to ensure the vegetation is high quality and will fulfill the requirements of this section.

(3)

Credit for trees. Credit for tree preservation will be applied at the following rate:

a.

For preserved trees of equal to or greater than twelve (12) inches in caliper, a credit of three (3) trees is permitted.

b.

For preserved trees less than twelve (12) inches in caliper, a credit of two (2) trees is permitted.

(4)

Credit for shrubs. Shrubs may be credited toward shrub requirements on a one (1) for one (1) basis.

(5)

Removed credit trees. In the event that healthy plant material credited towards required plantings are removed, damaged, or destroyed, as determined by the zoning administrator (or designee), they must be replaced with new plant material meeting the standards of this section.

(6)

Mitigation. Every attempt must be made to preserve healthy mature existing vegetation. In the event that an existing tree with greater than a four-inch caliper or eight (8) feet tall is removed when there are obvious alternatives to its removal, as determined by the zoning administrator (or designee), all such trees must be replaced at a ratio of 2 for 1. Each new tree must have a caliper of no less than three (3) inches or a height of no less than six (6) feet.

(d)

Standards for limiting the external effect of uses. All uses must comply with the following standards which limit their effect on the surrounding area:

(1)

Enclosure of uses. Every use must be operated in its entirety within a completely enclosed structure, unless such mode of operation is deemed impractical by the zoning administrator (or designee) or planning commission.

(2)

Every use must be so operated that it is not obnoxious or dangerous to adjacent properties by reason of the following:

a.

Smoke. It is unlawful for any person, firm or corporation to permit the emission of smoke from any source in an amount which is injurious or substantially annoying to persons residing in the affected area.

b.

Airborne solids. It is unlawful for any person, firm or corporation to operate and maintain (or cause to be operated and maintained) any process or activity that causes injury to neighboring properties.

c.

Odor. The emission of odors found to be obnoxious to any considerable number of persons at their place of residence is prohibited.

d.

Gases. The emission or release of corrosive or toxic gases (in amounts which are injurious or substantially annoying to persons living or working in the affected area) is prohibited.

e.

Glare and exterior lighting. Glare from any process or operation must be shielded so as to be invisible beyond the property line of the premises on which the process is performed. Exterior lighting must also be shielded so that no more than one-half (0.5) of a foot candle is visible beyond that property line.

f.

Radioactive materials. Radiation, including radioactive materials and electromagnetic radiation such as that emitted by the x-ray process or diathermy, cannot exceed quantities established as safe by federal regulations, when measured at the property line.

g.

Noise. The emission of measurable noises from the premises cannot exceed sixty-five (65) decibels (dBs) as measured at the property lines, except that where normal street traffic noises exceed sixty-five (65) dBs, the measurable noise emanating from the premises may equal, but not exceed, traffic noise levels.

h.

Vibration. Machines or operations which cause vibrations are permitted in industrial districts, provided that vibrations do not cause displacement exceeding three thousandths (.003) of an inch as measured at the property line.

(3)

Outdoor storage and waste disposal.

a.

All outdoor storage and waste disposal facilities must be enclosed by an opaque fence or wall adequate to conceal such facilities from adjacent properties and adjoining rights-of-way and constructed in accordance with the standards established for them in section 28-125 (standards for fences, walls, and landscape berms).

b.

All materials or wastes which might cause fumes or dust or which could constitute a fire hazard or which may be edible by rodents or insects must be stored outdoors in closed containers and screened from the street or adjacent property.

c.

No materials or wastes can be deposited on the property in such form or manner that they may be transferred off the premises by natural causes or forces.

d.

Waste materials cannot be allowed to accumulate on the property in such manner as to be unsightly, constitute a fire hazard, or contribute to unsanitary conditions or conditions which will or would be likely to pollute or impair natural resources. The specific standards are as follows:

1.

Waste material piles shall be no taller than the height of the abutting screen wall/fence.

2.

All waste materials containing unnatural bi-products such as carcinogens from treated wood and all non-tree based products shall be stored on an impervious surface with retaining walls/curbs to avoid polluting the natural environment.

e.

Screening of trash storage areas. Any new or altered use which has an outdoor trash storage area containing a dumpster, must comply with the following requirements:

1.

Any such area is be limited to normal refuse which is collected on a regular basis and must be maintained in a neat, orderly, and sanitary condition.

2.

In no instance may any such refuse be visible above the wall, as required in subsection (d)(3)e.3. of this section.

3.

A wall, six (6) feet in height, must enclose three (3) sides of the storage area. Such wall must be constructed in accordance with the standards established for it in section 28-125 of this chapter. Bollards and/or other protective devices must be installed at the opening and to the rear of any storage area to prevent damage to the screening walls. The surface under any such storage area must be constructed of concrete which complies with local building requirements.

4.

Any such storage area must be located in a rear yard and/or be so located and arranged as to minimize its visibility from adjacent streets and uses. The zoning administrator (or designee) or planning commission may require an obscuring gate when the visibility of such a storage area, from a public street or adjacent use, is deemed to render an adverse influence. In no instance may any such area be located in an addressed front yard.

(e)

Hazardous materials (includes automobile wrecking/salvage yards and junkyards).

(1)

Intent. Protection of groundwater and surface water quality is of paramount importance to the City of Jackson. No uses or developments are permitted which threaten water quality or which violate standards of county, state, and federal agencies.

(2)

Storage of hazardous substances. Uses that utilize, store, or generate hazardous substances in quantities greater than one hundred (100) kilograms (equal to about twenty-five (25) gallons or two hundred and twenty (220) pounds) must provide secondary containment (double enclosure) for all above ground storage containers.

(3)

Outdoor aboveground storage. Secondary containment structures must be designed to protect containers from the effects of storms, wind, fire and vandalism. Structures that are covered and protected from rain and precipitation must provide secondary containment for ten (1) percent of the volume of all containers or the volume of the largest container, whichever is greatest. Structures that are not protected from rain and precipitation must provide secondary storage capacity to hold one hundred fifty (150) percent of the stored substances unless the zoning administrator (or designee) or planning commission approves a less quantity. Whether open or covered, the above ground storage area shall also be fully screened from view at all abutting parcel perimeters.

(4)

Indoor aboveground storage. Hazardous substances should not be stored indoors in locations which are near a floor drain connecting to soils, groundwater, sanitary sewer lines, or nearby drains and rivers unless secondary containment is provided. Sump pumps and floor depressions to collect and hold leaks and spills may be required by the zoning administrator (or designee) in consultation with the city engineer (or designee).

(5)

Loading/unloading areas. Areas used for the loading and/or unloading of hazardous substances must be designed and constructed to trap hazardous materials spilled or leaked and designed to prevent discharge of hazardous substances to floor drains, sanitary sewer lines, rivers, or storm drains.

(6)

Underground storage tanks.

a.

At a minimum, regulations of the state department of environmental quality, the state fire marshal division, and the city for the installation, inspection, maintenance of a leak detection system, inventory and record keeping, emergency response, and closure must be met.

b.

All underground storage tanks that have been out-of-service for nine (9) months or longer must be removed from the site before a building permit is issued. The fire chief (or designee) may adjust this requirement when a clear timetable for the safe use of the underground tank is established.

(7)

County, state, and federal requirements. At minimum, county, state and federal requirements for storage, leak detection, record keeping, spill prevention, emergency responses, transport and disposal of hazardous substances must be met. It is the responsibility of the commercial facility owner to obtain any applicable county, state, or federal permits or approvals.

(8)

Site plan review and approval. Site plans for facilities with hazardous substances must also be reviewed by the fire chief (or designee) prior to the approval by the zoning administrator (or designee) or planning commission.

(9)

Enforcement and penalties.

a.

Any person who fails to comply with this section is subject, upon adjudication, to the penalty provided in chapter 2.5 (administrative hearings bureau), in addition to any other penalties as may be prescribed herein.

b.

In addition to any other penalty or sanction provided in this section, or by any other applicable state or federal law, any person violating [section 28-110] must pay the costs of removing all hazardous materials that are the subject of the violation, plus the costs of damage to any land, water, wildlife, vegetation or other natural resource, or to any facility which is damaged by the violation.

(f)

Storage of flammable or explosive materials. The location or storage of flammable or explosive materials will be regulated as follows. However, section 28-145 of this chapter may contain additional requirements for certain conditional uses. The storage of normal household chemicals is exempt from these regulations.

(1)

On any parcel of land in any floodplain in an office, commercial or industrial district, the owner or tenant cannot store flammable materials closer than one hundred (100) feet from a residential district and/or three hundred (300) feet from a residential building. Furthermore, no residential building can be constructed within three hundred (300) feet of an existing flammable storage facility.

(2)

The storage of flammable materials must be in containers or storage facilities as approved by the local fire marshal or other designated fire official.

(3)

Said containers or storage facilities must be at least forty (40) feet from any side or rear lot line and one hundred fifty (150) feet from the front lot line as measured from the edge of the street right-of-way.

(4)

The storage of explosive materials must be in accordance with applicable state regulations.

(Ord. No. 2012.16, § 5, 7-17-12; Ord. No. 2012.23, § 3, 9-25-12; Ord. No. 2016-29, § 3, 11-15-16; Ord. No. 2017-06, § 3, 5-2-17)