NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING ON WEDNESDAY, DECEMBER 17, 2003 AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2003-50, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, ACCESSORY USES AND STRUCTURES, ARTICLES II, V, VI, XXVI, AND XXVII, FOR THE CHARTER TOWNSHIP OF ORION, MICHIGAN; AMENDING THE TEXT IN SECTIONS 2.01, 5.07, 5.17, 5.27, 6.06, 26.01, AND 27.02; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE BUILDING DEPARTMENT AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN’
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-174 PC-2003-44, CITIZENS BANK
REZONING REQUEST
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, November 17, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted a map amendment to Ord. 78, Zoning Ordinance, to allow the rezoning of property, as follows:
PC-2003-44, Citizens Bank Rezoning, a request to rezone 1.74 acres, located on the southeast corner of Baldwin and Brown Roads, from R-3 (Single-Family Residential 3) and RB-2 (Restricted Business 2), to GB-1 (General Business 1), for the purpose of constructing a banking center, Sidwell numbers 09-32-377-015, 09-32-377-035, 09-32-377-036, 09-32-377-037, and 09-32-377-069, Marcos Makohon, of K4 Architecture, LLC for Citizens Bank, applicant.
A copy of the ordinance amendment is on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion

CHARTER TOWNSHIP OF ORION
FOR SALE SURPLUS VEHICLES
Sealed bids being accepted by the Charter Township of Orion for the following vehicles:
1989 Chevrolet G20 Van, blue, 6 cylinder, automatic transmission, power steering, power brakes, heavy duty rear springs, AM/FM radio, 47,000 miles, tires fair, body rough and runs rough.
1995 Chevrolet Lumina, silver, 4 door, V6, automatic transmission, rear defogger, power locks, crank windows, 69,460 miles, body fair, runs rough
1995 GMC Pickup, 3500, 5.7 liter, 4 wheel drive (not working), 8? Western Plow, automatic transmission, power steering, power brakes, Reese Hitch, 102,963 miles
These vehicles may be viewed at the Orion Township Hall Parking Lot @ 2525 Joslyn Rd., Lake Orion, Michigan. For more information please contact the Building & Grounds Department at 248 391-0304, ext.133
Sealed bids clearly marked either Vehicle Bid ? Lumina, -Van or ‘Pickup, depending on which vehicle you are bidding on, submitted no later than 12 noon, Tuesday, Dec. 9, 2003 to the attention of Jill D. Bastian, Clerk, Charter Township of Orion, 2525 Joslyn Rd., Lake Orion, MI 48360. All vehicles will be sold ‘as is? without warranty. Orion Township reserves the right to reject any and all bids.

ZONING BOARD OF APPEALS 2004 MEETING DATES RESOLUTION
WHEREAS, the By-Laws of the Charter Township of Orion Zoning Board of Appeals provides for the scheduling of meetings on the second and fourth Monday of each month; and
WHEREAS, the State of Michigan has enacted the Open Meetings Act, which requires the specific designation of the dates, times, and places of all regular meetings of the Zoning Board of Appeals; and
WHEREAS, it is the desire of the Charter Township of Orion Zoning Board of Appeals to conduct all of its business in an open forum, in compliance with said Act,
NOW THEREFORE BE IT RESOLVED, that the Charter Township of Orion Zoning Board of Appeals will hold its Regular Meetings on the second and fourth Monday of each month of the calendar year, beginning on January 12, 2004 and ending on December 27, 2004.
The following are dates of the regularly scheduled meetings, which will begin at 7:00 p.m. and will be held at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan:
January 12 & 26 July12 & 26
February 9 & 23 August 9 & 23
March 8 & 22 September 13 & 27
April 12 & 26 October 11 & 25
May 10 & 24 November 8 & 22
June 14 & 28 December 13 & 27
AND BE IT FURTHER RESOLVED, that a copy of this notice of meetingdates is to be published in The Lake Orion Review and to be posted at the Orion Township Hall.

PLANNING COMMISSION 2004 MEETING DATES RESOLUTION
WHEREAS, the By-laws of the Charter Township of Orion Planning Commission provide for the scheduling of meetings the first and third Wednesday of each month, and,
WHEREAS, the State of Michigan has enacted the Open Meeting Law, which requires the specific designation of the dates, times, and places of all regular meetings of the Planning Commission, and,
WHEREAS, it is the desire of the Charter Township of Orion PlanningCommission to conduct all of its business in an open forum, in compliance with said act, and,
NOW, THEREFORE, BE IT RESOLVED, that the Charter Township of Orion Planning Commission will hold its Regular Meetings on the first and third Wednesday* of each month of the calendar year beginning January 7 and ending on December 15 (* denotes unless otherwise noted).
The following are dates of the regularly scheduled meetings, which will begin at 7:00 p.m. and will be held at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan:
January 7 & 21 July 7 & 21
February 4 & 18 August 4 & 18
March 3 & 17 September 1 & 15
April 7 & 21 October 6 & 20
May 5 & 19 November 3 & 17
June 2 & 16 December 1 & 15

AND BE IT FURTHER RESOLVED, that a copy of this notice of meeting dates is to be published in the Lake Orion Review and to be posted at the Orion Township Hall.

BOARD OF TRUSTEES 2004 MEETING DATES RESOLUTION
WHEREAS, the by-laws of the Charter Township of Orion Board of Trustees provide for the scheduling of regular Orion Township Board meetings on the first and third Mondays of each month; and
WHEREAS, the State of Michigan has enacted the Open Meetings Act which requires the specific designation of the dates, times, and places of all regular meetings of the Charter Township of Orion Board of Trustees; and
WHEREAS, it is the desire of the Charter Township of Orion Board of Trustees to conduct all of its business in an open forum, in compliance with said Act,
NOW THEREFORE BE IT RESOLVED, that the Charter Township of Orion Board of Trustees will hold its regularly scheduled meetings at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan, 48360 beginning at 7:00 p.m., on the first and third Mondays of each month of the calendar year 2003 (with exceptions as noted**):
January 5, 20 (Tuesday)** July 6 (Tuesday)**, 19
February 2, 17 (Tuesday)** August 16 (one meeting only, in August)
March 1, 15 September 7 (Tuesday)**, 20
April 5, 19 October 4, 18
May 3, 17 November 15 (one meeting only, in November)
June 7, 21 December 6, 20
AND BE IT FURTHER RESOLVED, that Executive Sessions will be held prior to the regular 7:00 starting time, during the meeting, or at the end of the regular meeting, as needed.
AND BE IT FURTHER RESOLVED, that a copy of this notice of meeting dates is to be published in The Lake Orion Review and to be posted at the Orion Township Hall.

ORION TOWNSHIP HALL 2004 HOLIDAY CLOSINGS
Wednesday, December 31, 2003 New Year’s Eve
Thursday, January 1, 2004 New Year’s Day
Friday, January 2, 2004 Friday after New Year’s Day
Monday, January 19, 2004 Martin Luther King’s Birthday
Monday, February 16, 2004 President’s Day
Friday, April 9, 2004 Good Friday
Monday, May 31, 2004 Memorial Day
Monday, July 5, 2004 Independence Day
in lieu of July 4th (Sunday)
Monday, September 6, 2004 Labor Day
Thursday, November 25, 2004 Thanksgiving Day
Friday, November 26, 2004 Friday after Thanks-
giving
Thursday, December 23, 2004 Day before
Christmas Eve
in lieu of Christmas Day
(Saturday)
Friday, December 24, 2004 Christmas Eve
Thursday, December 30, 2004 Day before
New Year’s Eve in lieu of New Years Day
(Saturday)
Friday, December 31, 2004 New Years Eve

SYNOPSIS, REGULAR MEETING, MONDAY, DECEMBER 1, 2003
Called meeting to order at 7:00 p.m.
All members present.
Approved payment of bills in amount of $160,858.10, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved minutes of November 17, 2003 public hearing: Judah Road Chloride #2 SAD, as submitted.
Adopted Performance and Indemnification Resolution for Governmental Bodies to allow Township to work within road rights-of-way on State highways within Orion Township and authorized Supervisor to sign annual application form and submit it, with certified copy of resolution, to Michigan Department of Transportation.
Approved request by Station No. 3 Firefighters to conduct annual Goodfellows Newspaper Sale, on Saturday, December 6, 2003, at various Township locations and, because it is a non-profit organization, waived requirements of Sections 4, 5, 6, and 8 of Ord. 95, Peddlers & Solicitors Regulation.
Adopted 2004 Board Meeting Dates Resolution, as presented.
Adopted 2004 Holiday Closings of Township Hall, as presented.
Adopted resolutions to establish Township Supervisor’s, Township Clerk’s, Township Treasurer’s, Township Trustees?, and Township Deputy Officials? salaries and/or compensation, car allowances, and salaries for management and pay rates for non-union employees, Senior Center Custodian (part-time), Recording Secretary (contractual), and Accounting Aide (seasonal contractual) for 2004, as presented.
Reappointed Treasurer Marleau as Board representative on Planning Commission for term expiring November 20, 2004.
Appointed Nancy Archer to fill vacancy on Safety Path Advisory Committee for term expiring April 30, 2006.
Appointed Steve Skalnek to fill vacancy on Safety Path Advisory Committee for term expiring April 30, 2004 (added item).
Appointed Alice Young, resident and CPA, to Union Church Governing Board as representative with accounting/financial background (added item).
Accepted letter of resignation from Elizabeth Balch, Assistant to the Supervisor, effective November 26, 2003, with deep regret, and authorized posting this contract employee position, with deadline of December 8, 2003 for applications.
Confirmed January 7, 2004 at 7:15 p.m. for joint public hearing, with Township Board and Planning Commission, regarding PC-2003-65, Belle Arbor Retail Planned Unit Development (PUD), consisting of three (3) buildings to be located at 1400 S. Lapeer Road.
Received and filed notice of solicitation from Gingellville Community Church, regarding dates and locations of planned outreach programs during 2004 (beginning December 13, 2003), which information will be provided to the OCSD, as well (added item).
Authorized Supervisor to sign Application for Fire Works Display Permit Form to allow Olde World Canterbury Village to conduct Light Up the Village fireworks display on Friday, December 5, 2003 at 6:00 p.m., contingent upon complete permit being submitted to Township and Certificate of Insurance provided, naming Orion Township as Certificate Holder (added item).
With regard to restoration of Union Church, directed Buildings & Grounds Director to develop plan and Township to develop process for how to proceed plan for restoration; further, authorized Township signing contract with Stephen Auger & Associates for base drawings and measurements of Union Church at cost not to exceed $2,500.
Held public hearing from 8:10 p.m. until 8:25 p.m. to receive citizen comments on proposal to amend Hi Hill Public Water Improvement SAD Resolution No. 5, to allow deferment of payment of $8,100 for two (2) property owners of vacant lots.
Postponed action on amended Hi Hill Public Water Improvement SAD Resolution No. 5 until December 15, 2003 Board meeting, to allow committee of Trustee Tomczak, Treasurer Marleau, and Trustee Wilsher (or Trustee Gingell) to meet with Township attorney on Friday, December 5, 2003 to discuss options and return to Board with recommendation.
Authorized awarding bid for CDBG project: paving of handicapped accessible paths and creation of additional handicapped parking spaces at Friendship Park, to Pro-Line Asphalt Paving in amount of $41,492.45, plus 10% contingency, with funding as recommended by Parks & Recreation Director in 11.24.03 memo (to include CDBG, Friendship Park, and General Capital Improvement Fund monies).
Adopted LCC resolution recommending approval of request of Wings Three, Inc. (BW3) to transfer location of 2003 Class C licensed business with Dance Permit from 1234 S. Lapeer, Lake Orion, MI 48360, Orion Township, Oakland County to 770 N. Lapeer, Lake Orion MI 48362, Orion Township, Oakland County (formerly Boathouse Billiards), and authorized Supervisor and Clerk to sign Dance Permit Agreement, on behalf of Township, between Charter Township of Orion and Wings Three, Inc., using wording in current Dance Permit Agreement with Boathouse Billiards, with dancing and music to be restricted to inside building, and Township to request final inspection.
Adoption of resolution recommending approval of new Tavern License to be held in conjunction with new SDM License for Lai Wah, Inc. (Carrie Lee’s) to be located at 3047 S. Baldwin Road, in Shops on Waldon Pond, Lake Orion, MI 48360, Orion Township, Oakland County, above all others, failed on 3 to 4 vote.
Granted approval for different standard in length of private road, from 600 feet to 633.21 feet for property located at 1930 Indianwood Road (LS-02-19, Sidwell No. 09-04-176-006) Elaine Pantak, applicant, with three (3) fulltime elected officials to meet with Assessing Department staff to review possible options on length of private road issue and access by emergency vehicles, prior to granting final lot split approval, acknowledging existence of pond on property and fire hydrant at front of property on Indianwood Road.
Motion to approve additional compentsation for Deputy Clerk and Administrative Assistant to Clerk failed for lack of support.
Accepted Proposal for Engineering Services from OHM to extend contract for three (3) years, through December 31, 2006, at rates in RFP dated November 24, 2003, and directed Supervisor and Clerk to sign Letter of Agreement for same, on behalf of Township.
Accepted Proposal for Municipal Attorney Services from Secrest Wardle to extend contract for three (3) years, through December 31, 2006, at rates in RFP Township date-stamped November 26, 2003, with fixed fee for attendance at Board meetings, and directed Supervisor and Clerk to Sign Letter of Agreement for same, on behalf of Township.
Approved minutes of November 17, 2003 regular meeting, as corrected.
Adjourned meeting at 10:30 p.m. Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 11.19.03

Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Supervisor’s Plat of Lakeview Sub. (Hopefield, Kinmount, Cornith) by chloriding it four (4) times a year.
2. That a preliminary cost estimate prepared by the Township is on file with the Township Clerk.
3. That this Board has tentatively designated the following described lands in the township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-33-251-012 09-33-251-017 09-33-251-018 09-33-251-015 09-33-251-016 09-33-251-005 09-33-251-006 09-33-251-013 09-33-251-014 09-33-251-011 09-33-276-023 09-33-276-003 09-33-276-019 09-33-276-006 09-33-276-007 09-33-276-020 09-33-276-021 09-33-276-018 09-33-277-002 09-33-277-004 09-33-277-003
09-33-253-009 09-33-253-008 09-33-253-007 09-33-253-018 09-33-253-017 09-33-253-015 09-33-253-003 09-33-253-021 09-33-253-020 09-33-253-019 09-33-180-003 09-33-180-005 09-33-328-004 09-33-328-003 09-33-180-004 09-33-179-008 09-33-179-009 09-33-179-010 09-33-252-013 09-33-252-027 09-33-252-026
09-33-252-017 09-33-252-028 09-33-252-029 09-33-252-022 09-33-252-023 09-33-252-020 09-33-252-021 09-33-252-012 09-33-252-011 09-33-252-010 09-33-252-009 09-33-252-008 09-33-252-007 09-33-252-006 09-33-252-005 09-33-252-004 09-33-252-003 09-33-252-002 09-33-179-012
4. The Special Assessment District is proposed to be created for a period of twenty (20) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, January 5, 2004 at 8:00 p.m., to hear and consider any objections to the improvement and to said Special Assessment District.
6. If the Township Board approves the improvement, a special assessment may be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest in writing at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required. Any objection must be in writing, regardless of whether or not you appear at the public hearing.
Jill D. Bastian, Clerk
Publish: 12/24/03; 12/31/03

THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JANUARY 21, 2004 AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2003-59, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, ARTICLE XV, GENERAL BUSINESS 2 (GB-2), FOR THE CHARTER TOWNSHIP OF ORION, MICHIGAN; AMENDING THE TEXT IN SECTIONS 15.01, 15.02, AND 15.04; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PORTIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE BUILDING DEPARTMENT AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, MONDAY, JANUARY 5, 2004
Called meeting to order at 7:00 p.m.
All members present.
Supervisor proclaimed January 2004 as Volunteer Blood Donor Month.
Approved payment of bills in amount of $181,007.57, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved December 1, 2003 regular meeting minutes, as corrected.
Approved December 15, 2003 regular meeting minutes, as submitted.
Authorized contracting with Jill Verros for position of Assistant to Supervisor per revised contract (attached to Supervisor’s memo of 12.18.03), as recommended by Personnel Committee.
Adopted Joint Resolution of Lake Orion Village Council and Orion Township Board of Trustees regarding 2004 Budget Proposal of Orion Community Cable Communications Commission (OCCCC), in amount of $1,200,000, as presented.
Authorized hiring Michelle S. Williams for part-time contract position of Orion Senior Center Activities Coordinator ($12.00 per hour, 20 hours per week, no benefits), per recommendation of Senior Center Director, effective January 6, 2004, with job description and contract to reflect amendments in Senior Center Director’s memo of 01.05.04.
Authorized hiring Mary Ann Emick for part-time contract position of Orion Senior Center Program Coordinator ($12.00 per hour, 20 hours per week, no benefits), per recommendation of Senior Center Director, effective January 6, 2004, with job description and contract to reflect amendments in Senior Center Director’s memo of 01.05.04.
Authorized reclassification of Philip Denton from Appraiser Aide to Appraiser I, per recommendation of Assessor, effective January 1, 2004.
Authorized Supervisor to prepare cost estimate for Cooney Private-to-Public Road SAD, per request of residents of that portion of S. Long Lake Blvd., north of Grace Ct.
Authorized renewal of Township membership in Southeast Council of Governments (SEMCOG) and to pay annual fee of $4,340.
Received and filed Notice of Solicitation (door-to-door canvass) by Clean Water Action, beginning January 12, 2004 and ending April 12, 2004.
Heard presentation by representatives of DTE regarding recent power outages in Orion Township and how power is supplied to various areas of Township.
Held Lakeview Sub. (Hopefield, Kinmount, Cornith) Chloride #1 SAD Cost Estimate public hearing at 8:05 p.m.
Adopted Lakeview Sub. Chloride #1 Special Assessment District Resolution, authorizing preparation of the Special Assessment Roll and establishing the district for 20- year period.
Received and filed 2004 Liquor License Renewals Report, as submitted by Clerk.
Postponed discussion of 2004 Township Goals until January 20, 2004 meeting to afford Board members opportunity to review Township Strategic Plan adopted in 2000.
Set Special Meeting for Monday, March 29, 2004, at 7:00 p.m., (or alternate date agreed to by Board members) to review 2004 budgets, to set parameters for development of 2005 departmental budgets, and to discuss any other items relating to Township budgets submitted to Supervisor no later than March 1, 2004.
Approved December 1, 2003 public hearing minutes: Hi Hill Public Water SAD, Resolution No. 5, as corrected, and further amended to include wording submitted 12.29.03 by Joseph M. Geraci, 311 Morgan Hill, resident of Hi Hill Village, of his specific comments made during public hearing.
Adjourned meeting at 8:35 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 01.07.04

Charter Township of Orion
Notice of Hearing on Mill Lake Gardens Chloride #1 SAD
Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Mill Lake Gardens (Mahopac, Hill, Hazel) by applying chloride four (4) times a year.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-20-104-012 09-20-104-016 09-20-104-015
09-20-104-009 09-20-103-008 09-20-103-007
09-20-103-011 09-20-103-010 09-20-103-001
09-20-105-001 09-20-105-021 09-20-105-022
09-20-105-003 09-20-105-004 09-20-105-025
09-20-105-019 09-20-106-032 09-20-106-033
09-20-106-026 09-20-106-028 09-20-106-029
09-20-106-031 09-20-106-030 09-20-106-034
09-20-105-018 09-20-105-026 09-20-105-023
09-20-105-020 09-20-105-009 09-20-151-002
09-20-151-003 09-20-151-041 09-20-151-048
09-20-151-012 09-20-151-042 09-20-151-055
09-20-151-056 09-20-151-040 09-20-151-021
09-20-151-046 09-20-151-047 09-19-227-013
09-19-227-014

4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Tuesday, January 20, 2004 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll, a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest in writing at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed,, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required. Any objection must be in writing, regardless of whether or not you appear at the public hearing.

NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
ATWATER COMMONS PLANNED UNIT DEVELOPMENT
TEXT AMENDMENT
The Planning Commission of the Village of Lake Orion will hold a public hearing on Application No. PC-04-01, Atwater Commons’ request for text amendments. The purpose of this meeting is to review and receive comments on an application to amend the approved plans for the Commercial portion of Atwater Commons Manned Unit Development (PUD), as adopted through Ordinance No. 26.81. The hearing is scheduled for Monday, February 2, 2004 at 7:30 p.m. in the Village Hall Council Chambers.
The Atwater Commons PUD property is located at the southeast corner of M-24 (S. Broadway) and Atwater Street, the former LS Family Foods Site. The proposed amendment relates only to the commercial portion of the site with the following addresses: 295, 305, 325, 335, 345, and 375 S. Broadway; Parcel ID Numbers 09-11-278-070 and 09-11-278-071. A complete legal description for each parcel is on file with the Village Clerk. A location map is provided below.
The request is to amend the plans approved as part of Ordinance No. 26.81 – Atwater Commons PUD. The amendment to the approved plans is in relation to the permitted uses in the retail portion of the development.
The approved PUD plan for the commercial portion contains the following language:
Cover Sheet
– Retail A is proposed for a retail drugstore and pharmacy with one lane drive thru for pharmacy pickup…
– Retail B is proposed for a “family-style” sit down restaurant with a Class C liquor license.
– Retail C is proposed for traditional neighborhood retail uses permitted in the Village’s C-1 zoning district.
– Retail D is proposed for “sandwich shop” sit down type restaurant.
Sheet F -1
Commercial Site Data – Item No. 2
Building Gross Floor Area Proposed Use
Retail “A” 10.880 sq.ft. Pharmacy
Retail “B” 4,735 sq. ft. Restaurant
Retail “C” 9,295 sq. ft. General Retail
Retail “D” 4,720 sq. ft. Restaurant
The proposed amendment would change the language to read:
Cover Sheet
– Retail A will be used for a retail drugstore and pharmacy with one lane drive thru for pharmacy pickup and its
own loading and dumpster area. Any future uses with Retail A will he uses permitted with the C-1 zoning district
under the Village Zoning Ordinance, subject to those prohibited uses that are set forth in Section 2.1 of that certain
Planned Unit Development Agreement with respect to the PUD, which is recorded in Liber 29126, Page 825,
Oakland County records (the “PUD Agreement”)
– Retail B will be used for a “family-style” sit down restaurant with a Class C Liquor license; Any future Uses within Retail B will be uses permitted with the C- 1 zoning district under the Village zoning Ordinance, subject to those
prohibited uses that are set forth in Section 2.1 of the PUD Agreement.
– Retail C and Retail D will be used for qny uses permitted with the C-1 zoning district under the Village Zoning Ordinance, subject to those prohibited uses that are set forth in Section 2,1 of the PUD Agreement.
Sheet F-1
Commercial Site Date — Item No- 2
A copy or the approved PUD plan, as well as the proposal amended plans (Cover Sheet and Sheet F-1), are available for review at Village Hall, 37 E. Flint Street, Lake Orion, MI 48362, during normal business hours — Monday through Friday, 9:00 a.m. to 4:30 p.m.
This hearing is being held in accordance with the requirements set forth within Article XV, Administration and Enforcement, Section 15.07 Amendments, as provided in the Village Zoning Ordinance (Ordinance 26.30 as amended by Ordinance 26.77). Following the hearing, the Planning Commission may refer the application and the amended PUD plan with a recommendation to the Village Council for possible ordinance adoption, which could result in a Zoning Ordinance amendment.
Interested parties are welcome to attend the Public Hearing and offer comments. Written comments will be accepted prior to the date and time of the Public Hearing by the Village Clerk, 37 E. Flint Street, Lake Orion, MI 48362. The supporting documentation will be available for inspection and additional information may be obtained by contacting or visiting the Village Office at 693-8391, ext. 102 during regular business hours, 9:00 a.m.-4:30 p.m. Monday through Friday.
In the spirit of compliance with the Americans with Disabilities Act, individuals with a disability should feel free to contact the Village Office, at least seventy-two (72) hours in advance of the meeting, if requesting accommodations.

Charter Township of Orion
Notice of Hearing on Square Lake #1 (Lake Level) SAD
Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Square Lake by paying for the electricity to run a pump that maintains the lake level.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-09-283-011 09-09-283-010 09-09-283-009 09-09-283-008 09-09-283-007 09-09-283-006 09-09-283-005 09-09-283-004 09-09-283-003
09-09-283-002 09-09-283-001 09-09-278-029 09-09-278-028 09-09-278-018 09-09-278-017 09-09-278-016 09-09-278-027 09-09-278-022
09-09-278-024 09-09-278-023 09-09-278-005 09-09-278-001 09-09-278-002 09-09-278-025 09-09-227-008 09-09-227-009 09-09-227-003
09-09-227-004 09-09-227-005 09-09-227-006 09-09-227-007 09-09-279-015 09-09-279-014 09-09-279-001 09-09-279-011 09-09-279-012
09-09-281-020 09-09-281-021 09-09-281-022 09-09-281-006 09-09-281-007 09-09-281-023 09-09-281-016 09-09-281-017 09-09-281-018
09-09-281-019 09-09-281-010 09-09-281-011 09-09-281-024 09-09-281-009 09-09-281-008 09-09-280-001 09-09-279-013 09-09-282-012
09-09-282-013 09-09-282-009 09-09-282-003 09-09-282-014 09-09-282-015 09-09-282-016 09-10-151-039 09-10-151-008 09-10-151-009
09-10-151-041 09-10-151-012 09-10-151-013 09-10-151-014 09-10-151-015 09-10-151-016 09-10-151-017 09-10-151-018 09-10-151-019
09-10-151-020 09-10-151-021 09-10-151-022 09-10-151-023 09-10-151-024 09-10-151-038 09-10-151-042 09-10-151-043 09-10-151-027
09-10-151-028 09-10-151-029 09-10-151-030 09-10-151-031 09-10-151-032 09-10-151-033 09-10-151-004 09-10-151-005 09-10-151-006
09-10-303-001 09-10-303-002 09-10-303-003 09-10-303-007 09-10-303-006 09-10-302-012 09-10-302-011 09-10-302-010 09-10-302-009
09-10-302-008 09-10-302-014 09-10-302-005 09-10-302-013 09-10-302-001 09-10-301-009 09-10-301-016 09-10-301-024 09-10-302-023
09-10-301-022 09-10-301-021 09-10-301-020 09-10-301-003 09-10-301-002 09-10-304-001 09-10-304-002 09-10-305-001 09-10-305-002
09-10-305-008 09-10-305-007 09-10-306-003 09-10-327-001 09-10-327-005 09-10-326-001 09-10-326-005 09-10-326-006 09-10-330-002
09-10-330-003 09-10-330-020 09-10-330-021 09-10-330-023 09-10-330-022 09-10-330-017 09-10-330-018 09-10-330-019 09-10-331-014
09-10-331-015 09-10-331-016 09-10-331-023 09-10-332-023 09-10-332-037 09-10-332-034 09-10-332-044 09-10-332-045 09-10-332-050
09-10-332-049 09-10-332-033 09-10-332-017 09-10-332-035 09-10-332-038 09-10-332-039 09-10-332-041 09-10-332-042 09-10-332-043
09-10-332-004 09-10-332-005 09-10-332-006 09-10-332-032 09-10-332-009 09-10-331-030 09-10-331-029 09-10-331-011 09-10-331-031
09-10-331-022 09-10-331-007 09-10-331-027 09-10-331-028 09-10-330-016 09-10-330-015 09-10-330-014 09-10-330-013 09-10-330-012
09-10-329-007 09-10-329-006 09-10-329-005 09-10-329-004 09-10-329-009 09-10-328-007 09-10-328-008 09-10-328-002 09-10-328-001
09-10-307-017 09-10-307-016 09-10-307-020 09-10-307-012 09-10-307-019 09-10-307-024 09-10-307-025 09-10-307-029 09-10-307-028
09-10-307-027 09-10-307-022 09-10-307-021 09-09-477-008 09-09-477-009 09-09-477-010 09-09-477-027 09-09-477-026 09-09-476-007
09-09-476-015 09-09-476-014 09-09-476-013 09-09-476-006 09-09-476-010 09-09-476-011 09-09-476-012 09-09-477-001 09-09-477-002
09-09-477-003 09-09-477-025 09-09-477-006 09-09-477-007 09-09-430-015 09-09-430-014 09-09-430-013 09-09-430-012 09-09-430-011
09-09-430-022 09-09-430-021 09-09-430-017 09-09-430-018 09-09-429-002 09-09-429-001 09-09-430-019 09-09-430-020 09-09-428-007
09-09-428-008 09-09-428-002 09-09-427-011 09-09-427-012 09-09-426-020 09-09-426-019 09-09-426-018 09-09-426-017 09-09-426-016
09-09-426-015 09-09-426-022 09-09-426-021 09-09-426-031 09-09-426-030 09-09-426-029 09-09-426-028 09-09-426-025 09-09-426-005
09-09-426-004 09-09-426-024 09-09-426-001 09-09-252-024 09-09-252-023 09-09-252-014 09-09-252-013 09-09-252-012 09-09-252-011
09-09-252-026 09-09-252-025 09-09-252-008 09-09-252-030 09-09-252-019 09-09-252-020 09-09-252-021 09-09-276-001 09-09-276-002
09-09-276-003 09-09-276-026 09-09-276-007 09-09-276-008 09-09-276-009 09-09-276-010 09-09-276-011 09-09-276-012 09-09-276-013
09-09-276-014 09-09-276-015 09-09-276-016 09-09-276-017 09-09-276-018 09-09-276-019 09-09-276-023 09-09-277-002 09-09-226-016
4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, February 2, 2004 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll, a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest in writing at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required. Any objection must be in writing, regardless of whether or not you appear at the public hearing.
Jill D. Bastian, Clerk
Publish: 1-21-04; 1-28-04

CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, TUESDAY, JANUARY 20, 2004
Called meeting to order at 7:00 p.m.
All members present, except Fetzer.
Approved payment of bills in amended amount of $601,740.16, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved January 5, 2004 regular meeting minutes, as submitted.
Approved January 5, 2004 public hearing minutes: Lakeview Sub. Chloride #1 SAD, as submitted.
Approved Treasurer’s Report of December 2003, as submitted.
Concurred with Planning Commission recommendation and reappointed Karen Pecheniuk as Planning Commission representative to Zoning Board of Appeals, for term expiring December 31, 2004.
Adopted Resolution in Support of Moratorium on DWSD Water and Sewer Rate Increases for Fiscal Year 2004-2005, as presented.
Granted amendment to different standard in length of private road, from 600 ft. to 690 ft., for LS-02-19, property located at 1930 Indianwood Road, Elaine Pantak, applicant, as result of meeting of three (3) fulltime elected officials and Assessing Dept. and Building Dept. staff to review options regarding length of road (which will now end in a cul-de-sac) and access by emergency vehicles.
Held First Reading of PC-2003-50, Text Amendment to Ordinance No. 78, Zoning Ordinance: Accessory Uses and Structures, and directed Clerk to publish for Second Reading and possible adoption at February 2, 2004 meeting.
Accepted donation of two (2) 6’x12? soccer goals, valued at $4,574, from three (3) youth soccer organizations: Orion Oxford Soccer League (OOSL), Lake Orion Brandon Oxford Select Soccer Club (LOBOS), and Oakland Football Club (OFC), and directed Clerk to send Letter of Appreciation to each organization.
Rescheduled Special Meeting for review of Township budget from Monday, March 29, 2004 to Monday, April 5, 2004, at 5:30 p.m., prior to regular Board meeting.
Adopted Resolution Authorizing Supervisor To Enter Into Contract Agreement, on behalf of Township, as presented, with regard to authorization for contract between Orion Township and Pro-Line Asphalt Company for work at Friendship Park.
Accepted parcel of property donated by Westbury Properties, LLC (Hills at Indianwood), Terry J. Nosan, Manager, per legal description on revised site plan dated 01.12.04, to Orion Township for use as fire station.
Approved Agreement for the Finance of Improvements and Creation of Special Assessments on Land, with regard to Hills at Indianwood and parcel of land for fire station, as presented, and directed Supervisor and Clerk to sign on behalf of Township.
Approved Exhibit A for Special Assessment District (SAD) Agreement and Escrow Agreement, as presented.
Approved Escrow Agreement for SAD Agreement, with regard to Hills at Indianwood and parcel of land for fire station, as presented, and directed Supervisor and Clerk to sign on behalf of Township.
Approved Memorandum Agreement, with regard to Hills at Indianwood and future establishment of Special Assessment District for drainage improvements to Reid and Branch Drain (which includes two-thirds of the subject property), as presented, and directed Supervisor and Clerk to sign on behalf of Township.
Granted different standard in length-to-width ratio (in excess of 4-to-1) for Parcels 1 and 2 of LS-03-18, property located at 4100 Waldon Road, Charles Hambrecht, applicant.
Declined to participate in NO HAZ Consortium for 2004 (for collection of household hazardous waste), without prejudice for future consideration.
Held public hearing on Special Assessment Roll for Mill Lake Gardens (Mahopac, Hill, and Hazel) Chloride #1 SAD at 8:05 p.m.
Adopted Resolution Confirming Special Assessment Roll for Mill Lake Gardens (Mahopac, Hill, Hazel) Chloride #1 SAD (for five (5) years), as presented.
Discussed 2004 Township goals, in light of Township Strategic Plan and current issues before Township at present time.
Amended Charter Township of Orion Disposal of Equipment Policy, as presented.
Adopted Charter Township of Orion Vehicle Maintenance Procedural Policy, as amended.
Approved updated Township Liquor License / Permit Application, as revised, to correspond with current Ordinance No. 76, Alcoholic Beverages Regulations, effective January 21, 2004.
Adjourned meeting at 9:00 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 01.28.04

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLES II, V, VI, XXVI AND XXVII
SECTIONS 2.01, 5.07, 5.17, 5.27, 6.07, 26.01 AND 27.02
ACCESSORY USES AND STRUCTURES
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, February 2, 2004, 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 II, V, VI, XXVI and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01, 5.07, 5.17, 5.27, 6.07, 26.01 and 27.02; 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 Township Zoning Act as amended, pursuant to all applicable provisions of law, Article II, Section 2.01 is amended by placing the hereinafter described language in the Article as follows:
Section 2.01 ? Definitions
Accessory Building: A detached separate building or attached a part of the main building or structure, the use of which is clearly incidental to that of the main building(s) or to the use of the land. Children’s play equipment shall not be considered an accessory building, nor a habitable second floor bedroom or office.
A. Detached Accessory Building: A building or structure that is incidental to, does not share a common wall with, or is not connected to the main building(s) by an enclosed breezeway. Such buildings include, but are not limited to, pole barns, garages, in-ground swimming pools and above-ground pools with a surrounding deck structure.
B. Attached Accessory Building: A non-habitable building or structure that is incidental to, shares a common wall with, or is connected to the main building(s) by an enclosed breezeway. Such buildings include, but are not limited to, garages, storage rooms and workshops.
Building: Any structure, temporary or permanent, having one or more floors, and a roof and intended for the shelter or enclosure of persons, animals, or property, and including gazebos, and covered and screened porches.
Deck: A structure for outdoor residential activities greater than twelve (12) inches above the average grade, and constructed on an elevated foundation that may include joists, beams or posts. Decks are not considered accessory buildings, but are subject to setback and total lot coverage provisions.
Enclosed Breezeway: A structure with a roof connecting a detached accessory building and the principal structure on the lot.
Habitable Space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
SECTION 2 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article V, Sections 5.07, 5.17, and 5.27 are amended by placing the hereinafter described language in the Article as follows:
Section 5.07 ? Area and Bulk Requirements, SF
SF ? SUBURBAN FARMS DISTRICT
Minimum Lot Area (no change)
Minimum Width of Lot (no change)
Minimum Lot Setbacks * (no change)
Minimum Floor Area/Unit (no change)
Maximum Lot Coverage (no change)
Total Maximum Floor Area of All Accessory
Buildings ** See Section 27.02, A, 7
Height of Structures Habitable structure Dwelling Units ? 2 stories, up to 25 feet. Any farm structure such as a barn, silo, and/or similar structure may be bed up to 40 feet in height. Any existing structures higher than this maximum shall remain conforming to the Zoning Ordinance requirements in reference to height.
* (no change) ** Excluding decks as defined in Section 2.01.
Section 5.17 ? Area and Bulk Requirements, SE
SE ? SUBURBAN ESTATES DISTRICT
Minimum Lot Area (no change)
Minimum Width of Lot (no change)
Minimum Lot Setbacks * (no change)
Minimum Floor Area/Unit (no change)
Maximum Lot Coverage (no change)
Total Maximum Floor Area of All Accessory
Buildings ** See Section 27.02, A, 7
Height of Structures (no change)
* (no change) ** Excluding decks as defined in Section 2.01.
Section 5.27 ? Area and Bulk Requirements, SR
SR ? SUBURBAN RANCH DISTRICT
Minimum Lot Area (no change)
Minimum Width of Lot (no change)
Minimum Lot Setbacks * (no change)
Minimum Floor Area/Unit (no change) **
Maximum Lot Coverage (no change)
Total Maximum Floor Area of All Accessory
Buildings *** See Section 27.02, A, 7
Height of Structures (no change)
* (no change) ** (no change) *** Excluding decks as defined in Section 2.01.
SECTION 3 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article VI, Section 6.07 is amended by placing the hereinafter described language in the Article as follows:
Section 6.07 ? Area and Bulk Requirements, R-1, R-2 & R-3
R-1 R-2 R-3
Zoning Districts R-1 R-2 R-3
Article No. VI VI VI
Minimum Lot
Area Size (no change) (no change)* (no change) *
Minimum Lot
Width of Lot (no change) (no change) (no change)
Minimum Lot Yard
Setbacks (no change) (no change) (no change)
Minimum Floor
Area/ Per Unit (no change) ** (no change) ** (no change) **
Maximum Lot
Coverage by
all buildings (%) (no change) (no change) (no change)
Total Maximum Floor
Area of All
Accessory Buildings *** See Section 27.02, A, 7 See Section 27.02, A, 7 See Section 27.02, A, 7
Maximum Height
of Structures
(in feet) (no change) (no change) (no change)
* (no change) ** (no change) *** Excluding decks as defined in Section 2.01.
SECTION 4 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article XXVI, Section 26.01 is amended by placing the hereinafter described language in the Article as follows:
Section 26.01 ? Footnotes to the Schedule of Regulations
A. ? X. (no change)
Single Family Residential Districts
SUBURBAN SUBURBAN SUBURBAN
FARMS ESTATES RANCH
ZONING DISTRICTS
SF SE SR
ARTICLE NO.
V V V
MINIMUM LOT SIZE
(no change) (no change)* (no change) *
MINIMUM LOT WIDTH
(no change) (no change) (no change)
MAXIMUM HEIGHT OF STRUCTURES (in stories) (in ft.) (no change) (no change) (no change)
MINIMUM YARD SETBACKS (in ft.) *
(no change) (no change) (no change)
MINIMUM FLOOR AREA PER UNIT (in sq. ft.)
(no change) (no change) (no change) **
MAXIMUM LOT COVERAGE BY ALL BUILDINGS (%)
(no change) (no change) (no change)
TOTAL MAXIMUM FLOOR AREA OF ALL ACCESSORY BUILDINGS ***
See Section 27.02, A, 7 See Section 27.02, A, 7 See Section 27.02, A, 7
* There is a 70-foot setback required for stables designed for the keeping of horses and/or cows. Refer to Section 5.02. ** Minimum floor area cannot be less than 90% of the average floor area of the five (5) nearest existing homes of the same style in a platted subdivision and not less than the minimum floor area listed above. Not less than 90% of the same size of the five (5) nearest dwellings of the same type provided those dwellings are within a 2,000 foot radius. *** Excluding decks as defined in Section 2.01.
Single Family Residential Districts (cont’d)
R-1 R-2 R-3
ZONING DISTRICTS
R-1 R-2 R-3
ARTICLE NO. VI VI VI
MINIMUM LOT SIZE
(no change) (no change) * (no change) *
MINIMUM LOT WIDTH
(no change) (no change) (no change)
MAXIMUM HEIGHT OF STRUCTURES (in stories) (in ft.) (no change) (no change) (no change)
MINIMUM YARD SETBACKS (in ft.) *
(no change) (no change) (no change)
MINIMUM FLOOR AREA PER UNIT (in sq. ft.) **
(no change) (no change) (no change)
MAXIMUM LOT COVERAGE BY ALL BUILDINGS (%)
(no change) (no change) (no change)
TOTAL MAXIMUM FLOOR AREA OF ALL ACCESSORY BUILDINGS ***
See Section 27.02, A, 7 See Section 27.02, A, 7 See Section 27.02, A, 7
* (no change) ** (no change) *** Excluding decks as defined in Section 2.01.
SECTION 5 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article XXVII, Section 27.02 is amended by placing the hereinafter described language in the Article as follows:
Section 27.02 ? Buildings, Structures, and Uses
A. Accessory Buildings, Structures and Uses.
1. An accessory building, structure or use shall not be located on a parcel unless there is a principal building, structure, or use already located on the same parcel of land.
2. An accessory building or structure shall not be constructed prior to the commencement of construction of the principal building or structure or the establishment of the principal use.
3. A building, structure or use which is accessory to a single-family dwelling and attached to it shall, for the purposes of location and setbacks, be considered part of the principal building.
4. A building, structure or use which is accessory to a single-family dwelling and detached from it Detached accessory structures shall meet the same front and side yard setbacks and coverage requirements as the principal structures, as set forth in the Schedule of Regulations in Article XXVI of this Ordinance. However, the minimum rear yard setback shall be ten (10) feet for all detached accessory buildings. All accessory buildings and structures, together with the principal building or structures, shall be included in the computation of total maximum area of all accessory buildings, and together with the principal building or structures shall not exceed the percentage of lot coverage requirements.
5. Detached accessory buildings or structures in non-residential districts shall conform to the height requirements for the principal buildings or structures, as set forth in the Schedule of Regulations in Article XXVI, except as specifically permitted otherwise in this Ordinance. However, detached accessory buildings or structures in non-residential districts that exceed the height of the principal building or structure, as constructed, shall not be located in the front yard.
Detached accessory buildings or structures in residential districts shall not exceed the height of the principal building or structure as constructed. However, the height of a detached accessory building or structure may exceed the height of the principal building or structure if said accessory building or structure is located at least one hundred and fifty (150) feet distant and to the rear of the principal building or structure. In no case shall the height of a detached accessory building or structure exceed the maximum height requirement for the principal building or structure, as set forth in the Schedule of Regulations (Article XXVI), except as specifically permitted otherwise in this Ordinance.
6. Household animal enclosures, dog runs, central air conditioning units, heat pumps, and other mechanical system components that could, or are likely to, produce noise, odor, or other nuisances shall not be located adjacent to an adjoining property owner’s living or sleeping area where windows and/or doors would be exposed to the nuisance.
It is the intent of these provisions to place the responsibility of abating or controlling nuisances on the owner of the lot where the nuisances are produces, rather than on the adjoining neighbors.
7. Accessory buildings or structures are not to be used for commercial operations other than home occupations as defined in Article II, Section 2.01.
8. The total of all accessory buildings or structures in a single-family residentially zoned district or on a parcel used for a single-family dwelling, except as modified in Paragraph 9 8, shall not exceed the following:
LOT SIZE MAXIMUM FLOOR MAXIMUM FLOOR TOTAL
AREA OF DETACHED AREA OF ATTACHED MAXIMUM FLOOR
ACCESSORY BUILDINGS ACCESSORY BUILDINGS AREA OF ALL
ACCESSORY
BUILDINGS *
Up to ? acre 750 sq. ft. 75% of the principal structure 1,150 sq. ft.
? to 1 acre 900 sq. ft. 1,300 sq. ft.
1 to 2.5 acres 1,000 sq. ft. 1,500 sq. ft.
Over 2.5 acres 1,400 sq. ft. 1,900 sq. ft.
* Includes the combined floor area of each story of the structure.
LOT SIZE TOTAL MAXIMUM AREA OF ALL
ACCESSORY BUILDINGS
Up to ? acre 750 sq. ft.
More than ? and up to 5 acres 1,000 sq. ft.
Over 5 acres 1,400 sq. ft.
9. The total area of all accessory buildings or structures on a single-family residentially zoned parcel shall not exceed the above noted area total area of the principal building, except in the following cases after consideration and approval by the Zoning Board of Appeals:
a. On single-family residential lots, a variance may be sought to permit increased accessory building, structure or use, provided all of the following conditions are met:
i. The accessory building or structure use structure(s) is permanently attached to, is aesthetically compatible with, and constructed of the same color as the principal residential building or structure use.
ii. The accessory building or structure use structure(s), as well as the principal residential building or structure use, can be accommodated on the parcel and together cover no more than twenty percent (20%) of the lot area in the Suburban Farms (SF), Suburban Estates (SE), or Suburban Ranch (SR) Zoning Districts or twenty-five percent (25%) of the lot area in the Residential 1, 2, or 3 (R-1, R-2, R-3) Zoning Districts.
iii. The principal residential building or structure use contains at least the minimum floor area of living space as required for the specific zoning district and as set forth in the Schedule of Regulations (Article XXVI) of this Zoning Ordinance.
iv. The accessory building or structure use structure is used for the indoor storage of items that are permitted to be stored in a rear or side yard, but that could be unsightly if such were done.
b. On parcels of more than five (5) acres in size used for agricultural purposes, a variance may be sought from the Zoning Board of Appeals to permit additional accessory buildings or structures area for the purpose of storing agricultural implements, equipment, products, livestock, and similar items.
10. The location of all accessory buildings, structures and uses, except in single-family residentially zoned districts, shall be shown on the site plan submitted to the Planning Commission for approval, subject to the provisions of Section 30.02 of this Ordinance.
11. An accessory building, structure or use shall not be located within any dedicated easement or right-of-way.
B. ? I. (no change)
SECTION 6 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 7 of Ordinance
Nothing in this Ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective date of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 8 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 9 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 01.28.04

ADVERTISEMENT FOR BIDS
The Township of Orion is taking bids for construction of a Kiln Enclosure in the Orion Senior Center @ 21 E. Church St. in Lake Orion, between Broadway and Anderson St.
The bids will be received at the Township of Orion Offices, Clerk Dept., 2525 Joslyn Rd., Orion, MI 48360, no later than noon on Wednesday, March 3, 2004. Bids will be opened immediately thereafter in the Boardroom at the Orion Township Offices. The bid award will be made by the Township Board during the next scheduled Board meeting. The Township reserves the right to reject any and all bids.
One lump sum bid will be received for all trades. Orion Township will contract with the Contractor for a completed project. All bids shall remain firm for a period of sixty (60) calendar days after bid opening.
Performance, Labor and Material Bonds in the amount of one hundred percent (100%) of the Contract sum shall be required upon the signage of the Contract Agreement between Orion Township and the Contractor.
The Contractor and Subcontractors on this project must comply with the Davis-Bacon Act, Nondiscrimination, Equal Employment Opportunity, Affirmative Action, Section 3 requirements, Anti-Kickback Act, Federal Occupational Safety and Health Act and Department of Labor Standards and Regulations as set forth in the Contract Bid Documents.
Drawings, specifications and bid documents may be obtained between the hours of 8:30a.m. to 4:30p.m., Mon-Fri., excluding holidays, at the following location: Orion Township Offices, Clerk Dept. 2525 Joslyn Rd. Orion, MI 48360
Run: 2/4 & 2/11

CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES SYNOPSIS, REGULAR MEETING, MONDAY, FEBRUARY 2, 2004
Called meeting to order at 7:00 p.m.
All members present.
Approved payment of bills in amended amount of $227,031.45, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved January 20, 2004 regular meeting minutes, as submitted.
Approved January 20, 2004 public hearing minutes: Mill Lake Gardens Chloride # 1 SAD, as submitted.
Set public hearing for Judah Road Chloride #2 Special Assessment Roll for 8:00 p.m. on Monday, March 1, 2004.
Set public hearing for Lakeview Sub. Chloride #2 Special Assessment Roll for 8:00 p.m. on Monday, March 15, 2004.
Authorized advertising for bids for construction of 6’x8′ kiln enclosure in Arts & Crafts Room of Orion Senior Center, to be funded by CDBG monies, with specs as drawn and specified in Contract Documents.
Authorized Township engineers, OHM, to prepare specifications for repair of Joslyn Road safety path, north of Heights Road by Marina Pointe Subdivision, and to seek bids, with funding from Maintenance line item of 2004 Safety Path Fund budget; further to direct Supervisor to pursue 50/50 drainage funds from Road Commission to help pay for project.
Accepted resignation of Trustee Michael Fetzer from Senior Center Governing Board, with regret, and appointed Clerk Jill Bastian to fill vacancy.
Approved amending Poverty Guidelines to reflect Federal Poverty Income Standards, as of 12.31.03, for use in setting Poverty Exemption Guidelines in 2004, as submitted.
Heard presentation from Oakland County Sheriff’s Department Dispatch Department representative, encouraging Township to continue to allow OCSD to handle 911 calls from cellular phones; however, postponed action on matter until 03.01.04 meeting to allow for further study, including communication with Village of Lake Orion who provides dispatch services for Township land-line 911 calls.
Postponed adoption of PC-2003-50, Text Amendment to Ord. 78, Zoning Ordinance, regarding Accessory Uses and Structures, until 02.17.04 meeting to allow clean, corrected copy of text amendment to be prepared for Board member consideration.
Held public hearing on Special Assessment Roll for Square Lake #1 (Lake Level) SAD at 8:00 p.m.
Confirmed Special Assessment Roll for Square Lake #1 (Lake Level) SAD.
Concurred with Planning Commission and approved Concept Plan [twenty-six (26) clustered single-family residential lots], Township date-stamped 12.05.03, and granted PUD eligibility for PC-2003-42, Hemingway Estates Planned Unit Development, for property [31.13 acres zoned SE (Suburban Estates) and R-1 (Single-Family Residential 1)] west of Hemingway Road, north of Bald Mountain State Recreation Area and east of Boy Scout Camp, and directed that minutes of Board of Trustees 02.02.04 meeting, expressing concerns of Board members and residents, be forwarded to Planning Commission for use during discussions with developer prior to final PUD approval.
Authorized 2004 Gypsy Moth Joint Agreement with Oakland County, as presented, for spraying 29 acres in and around Sunset Hills Subdivision and directed Supervisor and Clerk to sign Agreement, on behalf of Township.
Authorized Township engineers, OHM, to proceed with proposal regarding Public Education Plan component of Stormwater Management Phase II Permit requirements, at cost not to exceed $4,700 (with funds to come from General Activities, Line Item 101.248.801.000, Environmental Consultants, of 2004 General Fund budget).
Adopted Township Committee Member Selection Policy, as amended.
Received and filed request from citizens for Skate Park and forwarded request and copy of petitions submitted to Parks & Recreation Advisory Committee for review and report to Board within sixty (60) days.
Held Executive Session to discuss attorney opinion letter.
Authorized Township attorney to proceed as directed, in matter dealt with in attorney opinion letter.
Adjourned meeting at 10:10 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 02.04.04

Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Judah Road by applying chloride four (4) times a year.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the Township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-33-326-005 09-33-326-004 09-33-326-003
09-33-326-002 09-33-326-001 09-33-301-002
09-33-301-001 09-32-400-017 09-32-400-016
09-32-400-015 09-32-400-088 09-32-400-087
09-32-400-013 09-32-400-012 09-32-400-073
09-32-400-072 09-32-400-081 09-32-400-080
09-32-400-008 09-32-400-007 09-32-400-086
09-32-400-090 09-32-400-089 09-32-400-005
09-32-400-056 09-32-400-057 09-32-400-055
09-32-400-063 09-32-326-026 09-32-326-011
09-32-326-010 09-32-326-009 09-32-326-008
09-32-326-007 09-32-326-006 09-32-326-005
09-32-326-002 09-32-326-024 09-32-326-001
09-32-126-019 09-32-126-020 09-32-126-021
09-32-126-022 09-32-126-023 09-32-126-024
09-32-126-025 09-32-126-030 09-32-126-029
09-32-200-003 09-32-200-004 09-32-200-005
09-32-200-006 09-32-200-007 09-32-200-008
09-32-200-009 09-32-200-010 09-32-200-011
09-32-200-012 09-32-200-013 09-32-200-014
09-32-200-015 09-32-200-016 09-32-200-017
09-32-200-018 09-32-200-019 09-32-200-029
09-32-200-030 09-32-200-021 09-3Z-200-022
09-32-200-023 09-32-200-024 09-32-200-025
09-32-200-026 09-32-200-027 09-3Z-200-028
09-33-151-001 09-33-176-002
4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, March 1, 2004 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll, a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest in writing at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required. Any objection must be in writing, regardless of whether or not you appear at the public meeting.
Jill D. Bastian, Clerk
Publish: 2-18-04
2-25-04

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-175
AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLES II, V, VI, XXVI AND XXVII
SECTIONS 2.01, 5.07, 5.17, 5.27, 6.07, 26.01 AND 27.02
ACCESSORY USES AND STRUCTURES
The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, February 17, 2004, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles II, V, VI, XXVI and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01, 5.07, 5.17, 5.27, 6.07, 26.01 and 27.02; 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 Township Zoning Act as amended, pursuant to all applicable provisions of law, Article II, Section 2.01 is amended by placing the hereinafter described language in the Article as follows:
Section 2.01 ? Definitions
Accessory Building: A detached or attached building or structure, the use of which is clearly incidental to that of the main building(s) or to the use of the land. Children’s play equipment shall not be considered an accessory building, nor a habitable second floor bedroom or office.
A. Detached Accessory Building: A building or structure that is incidental to, does not share a common wall with, or is not connected to the main building(s) by an enclosed breezeway. Such buildings include, but are not limited to, pole barns, garages, in-ground swimming pools and above-ground pools with a surrounding deck structure.
B. Attached Accessory Building: A non-habitable building or structure that is incidental to, shares a common wall with, or is connected to the main building(s) by an enclosed breezeway. Such buildings include, but are not limited to, garages, storage rooms and workshops.
Building: Any structure, temporary or permanent, having one or more floors and a roof, and intended for the shelter or enclosure of persons, animals, or property, and including gazebos, and covered and screened porches.
Deck: A structure for outdoor residential activities greater than twelve (12) inches above the average grade, and constructed on an elevated foundation that may include joists, beams or posts. Decks are not considered accessory buildings, but are subject to setback and total lot coverage provisions.
Enclosed Breezeway: A structure with a roof connecting a detached accessory building and the principal structure on the lot.
Habitable Space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
SECTION 2 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article V, Sections 5.07, 5.17, and 5.27 are amended by placing the hereinafter described language in the Article as follows:
Section 5.07 ? Area and Bulk Requirements, SF
SF ? SUBURBAN FARMS DISTRICT
Minimum Lot Area (no change)
Minimum Width of Lot (no change)
Minimum Lot Setbacks (no change)
Front Yard
Each Side Yard *
Rear Yard *
Minimum Floor Area/Unit (no change)
Maximum Lot Coverage (no change)
Total Maximum Floor See Section 27.02, A, 7
Area of All Accessory
Buildings **
Height of Structures Habitable structure ? 2 stories, up to 25 feet. Any farm structure such as a barn, silo, and/or similar structure may be up to 40 feet in height. Any existing structures higher than this maximum shall remain conforming to the Zoning Ordinance requirements in reference to height.
*(no change)
**Excluding decks as defined in Section 2.01.
Section 5.17 ? Area and Bulk Requirements, SE
SE ? SUBURBAN ESTATES DISTRICT
Minimum Lot Area (no change)
Minimum Width of Lot (no change)
Minimum Lot Setbacks (no change)
Front Yard
Each Side Yard *
Rear Yard *
Minimum Floor Area/Unit (no change)
Maximum Lot Coverage (no change)
Total Maximum Floor See Section 27.02, A, 7
Area of All Accessory
Buildings **
Height of Structures (no change)
* (no change)
**Excluding decks as defined in Section 2.01.
Section 5.27 ? Area and Bulk Requirements, SR
SR ? SUBURBAN RANCH DISTRICT
Minimum Lot Area (no change)
Minimum Width of Lot (no change)
Minimum Lot Setbacks (no change)
Front Yard
Each Side Yard *
Rear Yard *
Minimum Floor Area/Unit (no change) **
Maximum Lot Coverage (no change)
Total Maximum Floor See Section 27.02, A, 7
Area of All Accessory
Buildings 1
Height of Structures (no change)
*(no change)
**(no change)
1Excluding decks as defined in Section 2.01.
SECTION 3 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article VI, Section 6.07 is amended by placing the hereinafter described language in the Article as follows:
Section 6.07 ? Area and Bulk Requirements, R-1, R-2 & R-3
R-1 R-2 R-3
Minimum Lot Area
(no change) (no change) * (no change) *
Minimum Width of Lot
(no change) (no change) (no change)
Minimum Lot Setbacks
Front Yard
Each Side Yard
Rear Yard
(no change) (no change) (no change)
Minimum Floor Area/ Unit
(no change) ** (no change) ** (no change) **
Maximum Lot Coverage
(no change) (no change) (no change)
Total Maximum Floor Area of All Accessory Buildings 1
See Section See Section See Section
27.02, A, 7 27.02, A, 7 27.02, A, 7
Height of Structures
(no change) ft. (no change) ft. (no change) ft.
*(no change)
**(no change)
1Excluding decks as defined in Section 2.01.
SECTION 4 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article XXVI, Section 26.01 is amended by placing the hereinafter described language in the Article as follows:
Section 26.01 ? Footnotes to the Schedule of Regulations
A. ? X. (no change)
Single Family Residential Districts
SUBURBAN SUBURBAN SUBURBAN
FARMS ESTATES RANCH*
ZONING DISTRICTS
SF SE SR
ARTICLE NO.
V V V
MINIMUM LOT SIZE
(no change) (no change) (no change)
MINIMUM LOT WIDTH
(no change) (no change)** (no change)
MAXIMUM HEIGHT OF STRUCTURES (in stories) (in ft.) (no change) (no change) (no change)
MINIMUM YARD SETBACKS (in ft.) 1
Front Yard
Each Side Yard
Rear Yard
(no change) (no change) (no change)
MINIMUM FLOOR AREA PER UNIT (in sq. ft.)
(no change) (no change) (no change) 2
MAXIMUM LOT COVERAGE BY ALL BUILDINGS (%)
(no change) (no change) (no change)
TOTAL MAXIMUM FLOOR AREA OF ALL ACCESSORY BUILDINGS 3 See Section See Section See Section
27.02, A, 7 27.02, A, 7 27.02, A, 7
*(no change)
**(no change)
1There is a 70-foot setback required for stables designed for the keeping of horses and/or cows. Refer to Sections 5.02, 5.12 and 5.22.
2Minimum floor area cannot be less than 90% of the average floor area of the five (5) nearest existing homes of the same style in a platted subdivision and not less than the minimum floor area listed above.
3Excluding decks as defined in Section 2.01.
Single Family Residential Districts (cont’d)
R-1 R-2 R-3
ZONING DISTRICTS
R-1 R-2 R-3
ARTICLE NO.
VI VI VI
MINIMUM LOT SIZE
(no change) (no change) * (no change) *
MINIMUM LOT WIDTH
(no change) (no change) (no change)
MAXIMUM HEIGHT OF STRUCTURES
25 ft. 25 ft. 25 ft.
MINIMUM YARD SETBACKS (in ft.)
Front Yard
Each Side Yard
Rear Yard
(no change) (no change) (no change)
MINIMUM FLOOR AREA PER UNIT (in sq. ft.) **
(no change) (no change) (no change)
MAXIMUM LOT COVERAGE BY ALL BUILDINGS (%)
(no change) (no change) (no change)
TOTAL MAXIMUM FLOOR AREA OF ALL ACCESSORY BUILDINGS 1
See Section See Section See Section
27.02, A, 7 27.02, A, 7 27.02, A, 7
*(no change)
**(no change)
1Excluding decks as defined in Section 2.01.
SECTION 5 of Ordinance
Pursuant to the provisions of the Michigan Township Zoning Act as amended, pursuant to all applicable provisions of law, Article XXVII, Section 27.02 is amended by placing the hereinafter described language in the Article as follows:
Section 27.02 ? Buildings, Structures, and Uses
A. Accessory Buildings, Structures and Uses.
1. An accessory building, structure or use shall not be located on a parcel unless there is a principal building, structure, or use already located on the same parcel of land.
2. An accessory building or structure shall not be constructed prior to the commencement of construction of the principal building or structure or the establishment of the principal use.
3. A building, structure or use which is accessory to a single-family dwelling and attached to it shall, for the purposes of location and setbacks, be considered part of the principal building.
4. A building, structure or use which is accessory to a single-family dwelling and detached from it shall meet the same front and side yard setback requirements as the principal structure, as set forth in the Schedule of Regulations in Article XXVI of this Ordinance. However, the minimum rear yard setback shall be ten (10) feet for all detached accessory buildings. All accessory buildings and structures, shall be included in the computation of total maximum area of all accessory buildings, and together with the principal building or structure shall not exceed the percentage of lot coverage requirements.
5. Detached accessory buildings or structures in non-residential districts shall conform to the height requirements for the principal building or structure, as set forth in the Schedule of Regulations in Article XXVI, except as specifically permitted otherwise in this Ordinance. However, detached accessory buildings or structures in non-residential districts that exceed the height of the principal building or structure, as constructed, shall not be located in the front yard.
Detached accessory buildings or structures in residential districts shall not exceed the height of the principal building or structure as constructed. However, the height of a detached accessory building or structure may exceed the height of the principal building or structure, if said accessory building or structure is located at least one hundred fifty (150) feet distant and to the rear of the principal building or structure. In no case shall the height of a detached accessory building or structure exceed the maximum height requirement for the principal building or structure, as set forth in the Schedule of Regulations (Article XXVI), except as specifically permitted otherwise in this Ordinance.
6. Household animal enclosures, dog runs, central air conditioning units, heat pumps, and other mechanical system components that could, or are likely to, produce noise, odor, or other nuisances shall not be located adjacent to an adjoining property owner’s living or sleeping area where windows and/or doors would be exposed to the nusiance. It is the intent of these provisions to place the responsibility of abating or controlling nusiances on the owner of the lot where the nuisances are produced, rather than on the adjoining neighbors.
7. Accessory buildings or structures are not to be used for commercial operations other than home occupations, as defined in Article II, Section 2.01.
8. The total of all accessory buildings or sturctures in a single-family residentially zoned district or on a parcel used for a single-family dwelling, except as modified in Paragraph 9, shall not exceed the following:
LOT SIZE MAXIMUM MAXIMUM TOTAL MAXIMUM
FLOOR AREA FLOOR AREA FLOOR AREA OF
OF DETACHED OF ATTACHED ALL ACCESSORY
ACCESSORY ACCESSORY BUILDINGS* BUILDINGS BUILDINGS
Up to ? acre 750 sq. ft. 75% 1,150 sq. ft.
? to 1 acre 900 sq. ft. of 1,300 sq. ft.
1 to 2.5 acres 1,000 sq. ft . principal 1,500 sq. ft.
Over 2.5 acres 1,400 sq. ft. structure 1,900 sq. ft.
*Includes the combined floor area of each story of the structure
9. The total area of all accessory buildings or structures on a single-family residentially zoned parcel shall not exceed the above noted area, except in the following cases after consideration and apporval by the Zoning Board of Appeals:
a. On single-family residential lots, a variance may be sought to permit increased accessory building, structure or use, provided all of the following conditions are met:
i. The accessory building or structure is aesthetically compatible with, and constructed of the same color as the principal residential building or structure.
ii. The accessory building or structure, as well as the principal residential building or structure, can be accommodated on the parcel and together cover nor more than twenty percent (20%) of the lot area in the Suburban Farms (SF), Suburban Estates (SE), or Suburban Ranch (SR) Zoning Districts or twenty-five percent (25%) of the lot area in the Residential 1, 2, 3 (R-1, R-2, R-3) Zoning Districts.
iii. The principal residential building or structure contains at least the minimum floor area of living space as required for the specific zoning district and as set forth in the Schedule of Regulations (Article XXVI) of this Zoning Ordinance.
iv. The accessory building or structure is used for the indoor storage of items that are permitted to be stored in a rear or side yard, but that could be unsightly if such were done.
b. On parcels of more than five (5) acres in size used for agricultural purposed, a vairance may be sought from the Zoning Board of Appeals to permit additional accessory buildings or structures for the purpose of storing agricultural implements, equipment, products, livestock, and similar items.
10. The location of all accessory buildings, structures and uses, except in single-family residentially zoned districts, shall be shown on the site plan submitted to the Planning Commission ofr approval, subject to the provisions of Section 30.02 of this Ordinance.
11. An accessory building, structure or use shall not be located within any dedicated road or easement right-of-way.
B. ? I. (no change)
SECTION 6 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 7 of Ordinance
Nothing in this Ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective date of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 8 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 9 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D.Bastian, Clerk Charter Township of Orion
Publish: 02.25.04

Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Judah Road by applying chloride four (4) times a year.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the Township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-33-326-005 09-33-326-004 09-33-326-003
09-33-326-002 09-33-326-001 09-33-301-002
09-33-301-001 09-32-400-017 09-32-400-016
09-32-400-015 09-32-400-088 09-32-400-087
09-32-400-013 09-32-400-012 09-32-400-073
09-32-400-072 09-32-400-081 09-32-400-080
09-32-400-008 09-32-400-007 09-32-400-086
09-32-400-090 09-32-400-089 09-32-400-005
09-32-400-056 09-32-400-057 09-32-400-055
09-32-400-063 09-32-326-026 09-32-326-011
09-32-326-010 09-32-326-009 09-32-326-008
09-32-326-007 09-32-326-006 09-32-326-005
09-32-326-002 09-32-326-024 09-32-326-001
09-32-126-019 09-32-126-020 09-32-126-021
09-32-126-022 09-32-126-023 09-32-126-024
09-32-126-025 09-32-126-030 09-32-126-029
09-32-200-003 09-32-200-004 09-32-200-005
09-32-200-006 09-32-200-007 09-32-200-008
09-32-200-009 09-32-200-010 09-32-200-011
09-32-200-012 09-32-200-013 09-32-200-014
09-32-200-015 09-32-200-016 09-32-200-017
09-32-200-018 09-32-200-019 09-32-200-029
09-32-200-030 09-32-200-021 09-3Z-200-022
09-32-200-023 09-32-200-024 09-32-200-025
09-32-200-026 09-32-200-027 09-3Z-200-028
09-33-151-001 09-33-176-002
4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, March 1, 2004 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll, a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest in writing at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required. Any objection must be in writing, regardless of whether or not you appear at the public meeting.
Jill D. Bastian, Clerk
Publish: 2-18-04
2-25-04

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED AMENDMENT TO ORD. 78 PC-2003-51, SILVERBELL LAKE
REZONING REQUEST
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, March 1, 2004, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt a map amendment to Ord. 78, Zoning Ordinance, to allow the rezoning of property, as follows:
PC-2003-51, Silverbell Lake Rezoning, a request to rezone 42.78 acres of land located south of Silverbell Road and west of Bald Mountain Road, OP-2 (Office and Professional 2) and LI-2 (Limited Industrial 2) to RM-2 (Multiple Family Residential 2), Sidwell Nos. 09-35-200-010 and 09-35-200-012, Ivanhoe-Huntley (Paul Knuth), applicant.
A copy of the proposed ordinance amendment is on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.

cHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES,
SYNOPSIS, REGULAR MEETING, TUESDAY, FEBRUARY 17, 2004
Called meeting to order at 7:00 p.m.
All members present, except Gingell.
Approved payment of bills in amended amount of $890,700.55, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved February 2, 2004 regular meeting minutes, as corrected.
Approved February 2, 2004 public hearing minutes: Square Lake #1 (Lake Level) SAD, as submitted.
Approved January 7, 2004 special meeting minutes: Belle Arbor PUD joint public hearing, as submitted.
Held First Reading of Amendment to Ord. 73, Solid Waste & Recyclable Collection Regulation, Definition of Recyclables, and directed Clerk to publish for Second Reading and possible adoption at March 1, 2004 meeting.
Held First Reading of PC-2003-51, Silverbell Lake Rezoning Request (M-24/Silverbell/Bald Mountain Rd.), and directed Clerk to publish for Second Reading and adoption or denial at March 1, 2004 meeting.
Approved placing Fire Millage Renewal and Increase ballot proposal on August 3, 2004 Primary Election, as requested by Fire Chief in his February 6, 2004 memo, with addition of exact dollar figures as provided by Assessor after March Board of Review.
Authorized entering into and signing two (2) Letters of Understanding (one for Clerical Union and one for DPW Union) for donation of sick/personal time to Wendy Stiller, with time period being ninety (90) days and that each employee may donate up to, but no more than, five (5) days of their accrued, but unused sick/personal time.
Received and filed Village of Lake Orion Master Plan 2002-2022.
Authorized expenditure of up to 10% of cost (up to $9,965) for paving of S. Newman Road, as petitioned by residents and specified in Road Commission SAD #15029, with funds to come from General Capital Improvement Fund.
Postponed Board action on Copier Leases until March 1, 2004 meeting, to gather more information.
Postponed Board action on GIS Proposal until March 1, 2004 meeting, to allow Township attorney to review and comment on possible conflict of interest.
Declared Second Reading held and adopted PC-2003-50, Text Amendment to Ord. 78, Zoning Ordinance, Accessory Uses and Structures, as clerically corrected.
Approved North Oakland County Mutual Aid Interlocal Agreement (updated, with inclusion of HAZ-MAT teams), as presented, effective January 1, 2004, and directed Supervisor and Clerk to sign on behalf of Township.
Adjourned ousted meeting at 8:00 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 02.25.04

CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, TUESDAY, FEBRUARY 17, 2004

Called meeting to order at 7:00 p.m.
All members present, except Gingell.
Approved payment of bills in amended amount of $890,700.55, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved February 2, 2004 regular meeting minutes, as corrected.
Approved February 2, 2004 public hearing minutes: Square Lake #1 (Lake Level) SAD, as submitted.
Approved January 7, 2004 special meeting minutes: Belle Arbor PUD joint public hearing, as submitted.
Held First Reading of Amendment to Ord. 73, Solid Waste & Recyclable Collection Regulation, Definition of Recyclables, and directed Clerk to publish for Second Reading and possible adoption at March 1, 2004 meeting.
Held First Reading of PC-2003-51, Silverbell Lake Rezoning Request (M-24/Silverbell/Bald Mountain Rd.), and directed Clerk to publish for Second Reading and adoption or denial at March 1, 2004 meeting.
Approved placing Fire Millage Renewal and Increase ballot proposal on August 3, 2004 Primary Election, as requested by Fire Chief in his February 6, 2004 memo, with addition of exact dollar figures as provided by Assessor after March Board of Review.
Authorized entering into and signing two (2) Letters of Understanding (one for Clerical Union and one for DPW Union) for donation of sick/personal time to Wendy Stiller, with time period being ninety (90) days and that each employee may donate up to, but no more than, five (5) days of their accrued, but unused sick/personal time.
Received and filed Village of Lake Orion Master Plan 2002-2022.
Authorized expenditure of up to 10% of cost (up to $9,965) for paving of S. Newman Road, as petitioned by residents and specified in Road Commission SAD #15029, with funds to come from General Capital Improvement Fund.
Postponed Board action on Copier Leases until March 1, 2004 meeting, to gather more information.
Postponed Board action on GIS Proposal until March 1, 2004 meeting, to allow Township attorney to review and comment on possible conflict of interest.
Declared Second Reading held and adopted PC-2003-50, Text Amendment to Ord. 78, Zoning Ordinance, Accessory Uses and Structures, as clerically corrected.
Approved North Oakland County Mutual Aid Interlocal Agreement (updated, with inclusion of HAZ-MAT teams), as presented, effective January 1, 2004, and directed Supervisor and Clerk to sign on behalf of Township.
Adjourned meeting at 8:00 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 02.25.04

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED AMENDMENT TO ORD. 78 PC-2003-51, SILVERBELL LAKE
REZONING REQUEST
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, March 1, 2004, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt a map amendment to Ord. 78, Zoning Ordinance, to allow the rezoning of property, as follows:
PC-2003-51, Silverbell Lake Rezoning, a request to rezone 42.78 acres of land located south of Silverbell Road and west of Bald Mountain Road, OP-2 (Office and Professional 2) and LI-2 (Limited Industrial 2) to RM-2 (Multiple Family Residential 2), Sidwell Nos. 09-35-200-010 and 09-35-200-012, Ivanhoe-Huntley (Paul Knuth), applicant.
A copy of the proposed ordinance amendment is on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
add map
Publish: 02.25.04

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORD. NO. 73,
SOLID WASTE & RECYCLABLE MATERIALS COLLECTION REGULATION
DEFINITION OF RECYCLABLE MATERIAL
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, March 1, 2004, 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 Ordinance No. 73, Solid Waste & Recyclable Materials Collection Regulation, as previously amended, for the Charter Township of Orion, Michigan; changing the text in Section 3, Definitions, for the purpose of modifying the definition of recyclable materials for collection curbside; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Section 3 of Ordinance No. 73, as amended, shall be amended by modifying the language of such section, so as to read as follows:
Section 3 ? Definitions
Recyclables – selected items that are authorized to be picked up to be recycled. These shall include, but need not be limited to, clear glass containers, metal food cans and lids, aluminum, metal car parts and electric motors, newspaper, flat and corrugated cardboard (up to 3′ x 3′, bundled), plastic containers with recycling codes #1 (polyethylene terephthalate; clear plastic) or #2 (high density polyethylene translucent or opaque containers, such as milk jugs, etc.).
SECTION 2 of Ordinance
All provisions of Ordinance No. 73 shall remain in full force and effect, amended only as expressly set forth, above.
SECTION 3 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 4 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective date of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 5 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 6 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.25.04

Charter Township of Orion
Public Notice
The 2004 Orion Township Board of Review will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan on the following dates:
? Tuesday, March 2, 2004, 10:00 a.m., Organization meeting. Review and examination of the 2004 Assessment Roll only.
? No individual appeals will be heard on this date.
? Monday, March 8, 2004, 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m.
? Tuesday, March 9, 2004, 1:00 p.m. to 5:30 p.m. and 6:30 p.m. to 10:00 p.m.
? Wednesday, March 10, 2004, 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m.
If you wish to appear and protest your valuation before the March Board of Review, you must schedule an appointment with the Assessor’s Office by calling (248) 391-0304, ext. 114. All appeals are by appointment and must be scheduled on or before Wednesday, March 10, 2004.
Only non-resident property owners may appeal by letter. All letter protests must be received by 4:30 p.m. March 10, 2004 in order to be considered by the Board of Review. Resident property owners may not appeal by letter. A current letter of authorization is required if you are appealing an assessment on behalf of a property owner.
The 2004 estimated tentative assessment ratio for each class of property in the Township is 50.00%, resulting in an estimated equalization multiplier of 1.000 for all classes of property.
Gerald A. Dywasuk
Supervisor
Publish: 2/25/04

Charter Township of Orion
Notice of Hearing on Lakeview Sub, Chloride #1 SAD
Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Kinmount, Cornith and Hopefield by applying chloride four (4) times a year.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the Township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-33-251-012 09-33-251-017 09-33-251-018
09-33-251-015 09-33-251-16 09-33-251-005
09-33-251-006 09-33-251-013 09-33-251-014
09-33-251-011 09-33-276-023 09-33-276-003
09-33-276-019 09-33-276-006 09-33-276-007
09-33-276-020 09-33-276-021 09-33-276-018
09-33-277-002 09-33-277-004 09-33-277-003
09-33-253-009 09-33-253-008 09-33-253-007
09-33-253-018 09-33-253-017 09-33-253-015
09-33-253-003 09-33-253-021 09-33-253-020
09-33-253-019 09-33-180-003 09-33-180-005
09-33-328-004 09-33-328-003 09-33-180-004
09-33-179-008 09-33-179-009 09-33-179-010
09-33-252-013 09-33-252-027 09-33-252-026
09-33-252-017 09-33-252-028 09-33-252-029
09-33-252-022 09-33-252-023 09-33-252-020
09-33-252-021 09-33-252-012 09-33-252-011
09-33-252-010 09-33-252-009 09-33-252-008
09-33-252-007 09-33-252-006 09-33-252-005
09-33-252-004 09-33-252-003 09-33-252-002
09-33-179-012

4. The Special Assessment District is proposed to be created for a period of twenty (20) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, March 15, 2004 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll, a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest in writing at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required. Any objection must be in writing, regardless of whether or not you appear at the public hearing.
Jill D. Bastian, Clerk

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 73-2
AMENDMENT TO ORD. NO. 73,
SOLID WASTE & RECYCLABLE MATERIALS COLLECTION REGULATION
DEFINITION OF RECYCLABLE MATERIAL
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, March 1, 2004, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending Ordinance No. 73, Solid Waste & Recyclable Materials Collection Regulation, as previously amended, for the Charter Township of Orion, Michigan; changing the text in Section 3, Definitions, for the purpose of modifying the definition of recyclable materials for collection curbside; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Section 3 of Ordinance No. 73, as amended, shall be amended by modifying the language of such section, so as to read as follows:
Section 3 ? Definitions
Recyclables – selected items that are authorized to be picked up to be recycled. These shall include, but need not be limited to, clear glass containers, metal food cans and lids, aluminum, newspaper, flat and corrugated cardboard (up to 3′ x 3′, bundled), plastic containers with recycling codes #1 (polyethylene terephthalate; clear plastic) or #2 (high density polyethylene translucent or opaque containers, such as milk jugs, etc.).
SECTION 2 of Ordinance
All provisions of Ordinance No. 73 shall remain in full force and effect, amended only as expressly set forth, above.
SECTION 3 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 4 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective date of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 5 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 6 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 03.03.04

CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, MONDAY, MARCH 1, 2004
Called meeting to order at 7:00 p.m.
All members present.
Supervisor proclaimed month of March as ‘Parenting Awareness Month?.
Approved payment of bills in amended amount of $149,406.70, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved February 17, 2004 regular meeting minutes, as submitted.
Approved Treasurer’s Report of January 2004, as submitted.
Approved renewal of Annual Charter Agreement between Charter Township of Orion and Cub Scout Pack 128 of Clinton Valley Council, Boy Scouts of America and authorized Supervisor to sign on behalf of Township.
Confirmed Precinct Locations for August 3, 2004 Primary Election and November 2, 2004 General Election, as recommended by Election Commission and included in Clerk’s memo of February 23, 2004 to Township Board.
Set Election Inspector Pay Rates for 2004-2007, as recommended by Election Commission and included in Clerk’s memo of February 23, 2004 to Township Board.
Held First Reading of PC-2003-59, Text Amendment to Ord. 78, GB-2 (General Business 2 Zoning District), Colaur Development, applicant, and directed Clerk to publish for Second Reading and possible adoption at March 15, 2004 meeting.
Concurred with recommendation of Director of Public Works and authorized not increasing water rates for 2004/2005.
Authorized temporarily increasing contracted position of Senior Center Program Coordinator to forty (40) hours per week, for no longer than sixty (60) days, while advertising and interviewing process is completed to fill vacant part-time contracted position, to fulfill AAA grant obligations for continued funding.
Authorized applying to State of Michigan Department of Gambling for exemption to Bingo licensure for Orion Senior Center Recreational Bingo Program.
Confirmed that Orion Township wishes to remain with Oakland County Sheriff’s Department Dispatch Center for handling of 911 calls from cellular phones, at this time.
Authorized revising Agreement between Charter Township of Orion and City of Auburn Hills with regard to Water and Sewer Services for two (2) properties at Baldwin Commons, dissolving the Agreement of December 15, 1997 and replacing it with ‘Sewer only? Agreement, and directed Supervisor and Clerk to sign revised Agreement on behalf of Township.
Held public hearing for Special Assessment Roll for Judah Road Chloride #2 SAD at 8:00 p.m.
Adopted Resolution confirming Special Assessment Roll for Judah Road Choride #2 SAD, as presented, and authorized Clerk to certify the Resolution.
Held Second Reading and adopted proposed Ordinance 73-2, Amendment to Ord. 73, Solid Waste & Recyclables Collection Regulation, modifying definition of ‘recyclables?, as published.
Authorized Township entering into contract with Onyx Environmental for joint Household Hazardous Waste Day event with Oakland Township on May 22, 2004 at Eagle Valley Recycling & Disposal Facility, at cost of $57 per vehicle and $10 donation by participant ($75 per vehicle with electronics and $20 donation by participant), and authorized budget adjustment of $4,500 from General Capital Improvement Fund to General Fund, for total Township budget for event, with collection of electronics, not to exceed $17,000.
Held Second Reading and, since petitioner chose not to withdraw his request, concurred with Planning Commission to deny PC-2003-51, Silverbell Lake Rezoning Request (OP-2 and LI-2 to RM-2), map amendment to Ord. 78, Zoning Ordinance, for property located south of Silverbell Road west of Bald Mountain Road, for reasons cited by Planning Commission, Township planning consultant, and Township Board members (at tonight’s meeting).
Directed Clerk, in matter of MDEQ Public Notice: File No. 03-63-0338-P, Dean Ciaramitaro, applicant, proposing to place 150 linear feet of steel seawall and 515 cubic yards of fill within 1,770 sq. ft. of wetland for construction of access road and create 4,000 sq. ft. of wetland mitigation (with related activities) to compensate for proposed wetland impacts, for purpose of constructing new two (2) story building at 4960 S. Baldwin Road (in front of Baldwin Commons), to correspond with MDEQ, outlining Township concerns, as enumerated by Board members, or providing pertinent information of which MDEQ should be aware in making their decision on the permit application.
Approved necessary funding for Indianwood Roundabout (Township’s share of construction cost – $84,000, cost of landscaping center island – $41,589, and annual operating expense for streetlighting – $1,214.70), including previously approved amount ($70,000) and 2004 budget adjustments: transfer of monies from General Capital Improvement Fund to General Fund, to allow expenditure of additional funds as enumerated in Supervisor’s memo of February 26, 2004, with complete landscaping in 2004, and authorized Supervisor to sign 2004 Tri-Party Agreement, as presented, on behalf of Township.
Waived Township Spending/Bidding Policy for architectural services for Baldwin Road Fire Station, for reasons as enumerated by Board members.
Accepted proposal from Straub, Pettitt, Yaste for architectural/engineering services for Baldwin Road Fire Station for 6.6% of construction cost (rate for Silverbell Fire Station constructed in 1986).
Received and filed the Buildings & Grounds Director’s Personal Use of Township Vehicles Report, as submitted.
Postponed Board action on proposed amendments to Personal Policy with regard to Township Vehicles and Expense Reporting and consideration of Charter Township of Orion Acknowledgement for Use of a Township Vehicle by an Employee or Department Head (Including Personal Use) Affidavit until April 5, 2004 meeting.
Authorized going out for bids for copiers.
Adopted 2004 Board Goals, as presented.
Adopted Resolution in Opposition to Proposed Annexation of Property in Orion Township on Both Sides of Squirrel Road from Dutton Road North for Approximately One-Half Mile, to the City of Auburn Hills, as corrected.
Postponed Board action on Job Description for Park Maintenance Crew Leader until March 15, 2004 meeting.
Postponed Board action on advertising for Park Maintenance Crew Leader until March 15, 2004 meeting.
Accepted bid of Clinton Area Fire & Rescue Department to purchase all three (3) 1987 Pierce ‘Dash? fire trucks advertised for sale to highest bidder, as is, for total price of $90,000.
Accepted resignation of Trustee Fetzer, with regret, and appointed Trustee Wilsher to Parks & Recreation Advisory Committee, for term expiring on 11.20.04.
Accepted resignation of Trustee Fetzer, with regret, and appointed Trustee Gingell to Union Church Governing Board, for term expiring on 11.20.04.
Received and filed Landfill Closure Committee Report, dated February 23, 2004, as submitted.
Adjourned meeting at 11:10 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk Charter Township of Orion
Publish 03.03.04

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLE XV, SECTION 15.01
GENERAL BUSINESS 2
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, March 15, 2004, 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, Article XV, for the Charter Township of Orion, Michigan; changing the text in Section 15.01; 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 Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Article XV (General Business 2), Section 15.01 is amended by placing the hereinafter described language in the Article as follows:
Section 15.01 – Principal Uses Permitted
The following uses shall be permitted, subject to the standards and requirements set forth herein:
A. – C. (no change)
D. Retail businesses engaged in the sale of farm equipment, machinery, or similar apparatus.
D. Home improvement retail establishments such as: paint stores, draperies, blinds, hardware, carpeting, flooring, wall paper, lighting, kitchen and bath glass and related home furnishings of less than fifty-five thousand (55,000) square feet.
E. – L. (no change)
SECTION 2 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Nothing in this Ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective date of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4 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 5 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 03.10.04

Charter Township of Orion
Notice of Hearing on Lakeview Sub, Chloride #1 SAD
Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Kinmount, Cornith and Hopefield by applying chloride four (4) times a year.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the Township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-33-251-012 09-33-251-017 09-33-251-018
09-33-251-015 09-33-251-016 09-33-251-005
09-33-251-006 09-33-251-013 09-33-251-014
09-33-251-011 09-33-276-023 09-33-276-003
09-33-276-019 09-33-276-006 09-33-276-007
09-33-276-020 09-33-276-021 09-33-276-018
09-33-277-002 09-33-277-004 09-33-277-003
09-33-253-009 09-33-253-008 09-33-253-007
09-33-253-018 09-33-253-017 09-33-253-015
09-33-253-003 09-33-253-021 09-33-253-020
09-33-253-019 09-33-180-003 09-33-180-005
09-33-328-004 09-33-328-003 09-33-180-004
09-33-179-008 09-33-179-009 09-33-179-010
09-33-252-013 09-33-252-027 09-33-252-026
09-33-252-017 09-33-252-028 09-33-252-029
09-33-252-022 09-33-252-023 09-33-252-020
09-33-252-021 09-33-252-012 09-33-252-011
09-33-252-010 09-33-252-009 09-33-252-008
09-33-252-007 09-33-252-006 09-33-252-005
09-33-252-004 09-33-252-003 09-33-252-002
09-33-179-012

4. The Special Assessment District is proposed to be created for a period of twenty (20) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, March 15, 2004 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll, a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest in writing at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required. Any objection must be in writing, regardless of whether or not you appear at the public hearing.
Jill D. Bastian, Clerk

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-176
AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLE XV, SECTION 15.01
GENERAL BUSINESS 2
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, March 15, 2004, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Article XV, for the Charter Township of Orion, Michigan; changing the text in Section 15.01; 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 Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Article XV (General Business 2), Section 15.01 is amended by placing the hereinafter described language in the Article as follows:
Section 15.01 ? Principal Uses Permitted
The following uses shall be permitted, subject to the standards and requirements set forth herein:
A. ? C. (no change)
D. Home improvement retail establishments such as: paint stores, draperies, blinds, hardware, carpeting, flooring, wall paper, lighting, kitchen and bath glass and related home furnishings of less than fifty-five thousand (55,000) square feet.
E. ? L. (no change)
SECTION 2 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Nothing in this Ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective date of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4 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 5 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 03.17.04

CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, MONDAY, MARCH 15, 2004
Called meeting to order at 7:00 p.m.
All members present.
Supervisor proclaimed week of March 21-27, 2004 as ‘Severe Weather Awareness Week?.
Supervisor proclaimed week of March 14-20, 2004 as ‘Media Democracy Week?.
Approved payment of bills in amended amount of $466,120.59, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved March 1, 2004 regular meeting minutes, as submitted.
Approved March 1, 2004 public hearing minutes: Judah Road Chloride #2 SAD, as submitted.
Approved March 1, 2004 special meeting minutes: Community Center Presentation, as submitted.
Approved Outdoor Assembly Permit for LOHS Student Council outdoor carnival on grounds of Canterbury Village, Thursday-Sunday, May 13-16, 2004, and waived $100 application fee.
Authorized placing proposal for Police Millage Renewal & Increase on 2004 August Primary Election ballot, using format and language recommended by Lt. Bruce Naile, OCSD Orion Substation.
Adopted updated version of federally mandated Drug-Free Workplace Policy, effective March 1, 2004, as presented.
Authorized Supervisor to correspond with DNR to request Canada Goose nest destruction and/or Canada Goose removal from any lake in Township upon receipt of written request for same by residents and/or homeowners association governing that lake or portion of it.
Received and filed Planning Commission 2003 Annual Report, as submitted.
Received and filed Zoning Board of Appeals 2003 Annual Report, as submitted.
Approved request of Shriners to conduct Annual Hospital Fund Drive, Thursday-Saturday, June 10-12, 2004, from 8:00 a.m. to 6:00 p.m., at Kroger Store located at M-24 & Indianwood and, because of non-profit status, waived requirements of Sections 4, 5, 6, and 8 of Ord. 95, Peddlers & Solicitors Regulation.
Authorized 2003 final budget adjustments: amendments to 2003 budget line items, increase to Contribution to General Capital Improve Fund and restriction of General Fund Balance and Water & Sewer Retained Earnings, as outlined in Supervisor’s memo of March 11, 2004.
Adopted resolution authorizing Parks & Recreation Director to apply for permit from Road Commission for Oakland County to conduct annual Dragon Dash event on Sunday, May 2, 2004, as presented.
Following presentation by David Becker, Vice-Chair of Paint Creek Trailways Commission, adopted Resolution to Accept Donation of Land to the Paint Creek Trailways Commission, located at north terminus of current Paint Creek Trailway, in Village of Lake Orion, by Aspen Group, to Paint Creek Trailways Commission, as presented.
Held public hearing at 8:02 p.m. on Special Assessment Roll for Lakeview Subdivision Chloride #1 SAD.
Adopted resolution confirming Lakeview Subdivision Chloride #1 SAD Special Assessment Roll, as presented.
Following presentation of Planning Commission Chair John Steimel, authorized Planning Commission to proceed to work on creation of Baldwin Road Overlay District (within the Gingellville area), with assistance of Carlisle/Wortman, Township planning consultants, at cost not to exceed $19,000 (Acct.# 101.248.804.000).
Following lengthy discussion and significant public input, authorized requesting Tim Carpenter, Environmental Engineer, of GeoDynamics, to submit RFP for services that he could provide to Township and at what cost, with regard to monitoring Eagle Valley landfill operation, as fourteen (14) acres are filled and facility moves toward closure.
Directed Supervisor, with assistance of Township attorney, to correspond with Waste Management regarding compliance with standards agreed to in 1991 Landfill Agreement, concerning traffic, dirt on Township roads, litter, noise, and birds and impact on neighboring property owners, with report to Township Board if and when response is received from Waste Management.
Approved PC-98-25, Liberty Techne Final Preliminary Plat (FPP), date-stamped January 20, 2004, as recommended by Planning Commission.
Motion to approve job description for new position of Park Maintenance Crew Leader, as recommended by Personnel Committee, failed, for reasons expressed by Board.
Accepted bid from V.I.L. Construction, as lowest qualified bidder, for construction of safety path on south side of Clarkston Road (between Joslyn and Baldwin Roads), being jointly funded by TEA-21 grant, Oakland County Parks, Lake Orion Community Schools, and Orion Township, in amount not to exceed $588,914.00 with 15% contingency, and authorized execution of necessary signatures on required documents, with compliance with Township and County insurance requirements, and with approval contingent upon approvals from Road Commission for Oakland County and Michigan Department of Transportation.
Held Second Reading and adopted PC-2003-59, Text Amendment to Ord. 78, Zoning Ordinance, General Business 2 (GB-2) Zoning District, as published, with regard to principal uses permitted.
Received and filed application for participation in MTA Township Elected Officials Exchange Program.
Adjourned meeting at 10:15 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion

Publish 03.17.04

charter township of orion
public notice
ordinance no. 79-noxious weeds
Under the provisions of Ord. 79, Noxious Weeds, it shall be unlawful for the owener, agent, or occupant of any lot or lots in any subdivision in the Township where buildings have been erected on fifty percent (50%) or more of the lots in such subdivision, or of any lot or lots facing a street in common usage in the Township to grow, or cause or permit to grow any noxious weeds.
It shall be unlawful for any person to dump, place, pile or otherwise deposit any noxious weeds, grass clippings, tree branches, brush, leaves, cut or dead plants of any nature on any vacant property without the written permission of the owner of said vacant land.
The presence of noxious weeds, grass over twelve (12) inches high, grass clippings, brush, tree branches, leaves, or cut or dead plants of any nature is hereby deemed to be detrimental to the public health, safety, and welfare and shall constitute a public nuisance.
June 1, 2004 is the deadline for removal of noxious weeds, or tall grass, or other prohibited items. The list of noxious weeds is on file in the building Department at the Orion Townshis Hall, 2525 Joslyn Rd., Lake Orion, Michigan.
Failure to remove such weeds, grass, or other items shall result in the Township Weed Control Officer causing such public nuisance to be removed and the costs including all administration fees billed to the property owner. Failure to pay such costs within thirty (30) days shall cause that cost plus an additional fifteen dollar ($15.00) administration fee to be placed as a lien on said property and to be placed on the tax roll.
Weed Control Officer
CHARTER TOWNSHIP OF ORION
Jill D. Bastian, Clerk
CHARTER TOWNSHIP OF ORION
Publish: 4/7/04 & 5/5/04

SYNOPSIS, REGULAR MEETING, MONDAY, APRIL 5, 2004
Called meeting to order at 7:00 p.m.
All members present, except Fetzer.
Supervisor proclaimed week of April 12-18, 2004 as ‘Oakland County Community Development Week?.
Supervisor proclaimed month of April 2004 as ‘Fair Housing Month?.
Supervisor proclaimed month of April 2004 as ‘National Child Abuse Prevention & Awareness Month?.
Approved payment of bills in amount of $223,395.44, as submitted.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved March 15, 2004 regular meeting minutes, as submitted.
Approved March 15, 2004 public hearing minutes: Lakeview Subdivision Chloride #1 SAD, as submitted.
Received and filed Treasurer’s Report for February 2004, as submitted.
Authorized 2004 Road Chloride Program, with Township subsidy of $.16 per linear foot for four (4) applications per year and residents on public gravel roads to choose the company with which they wish to contract: Road Commission for Oakland County ($.33/ft.) or private company ($.29/ft.).
Approved Outdoor Assembly Permit for Mark Calvert, Trustee for Michael W. Rivest Estate, for equipment auction to settle estate, to be held at 691 Brown Rd., Thursday, April 22, 2004, from 9:00 a.m. to 5:00 p.m.
Approved Outdoor Assembly Permit for Home Depot, 2600 S. Lapeer Rd., to hold Nascar Show Car Appearance, with displays by additional vendors, on Sunday, April 18, 2004, in parking lot or under store canopy, and contingent upon receipt of $100 application fee.
Approved Outdoor Assembly Permit for Guest House, Inc., to hold ‘Art, Autos, and Architecture at the Scripps Mansion?, 1601 Joslyn Rd., on Saturday and Sunday, July 24-25, 2004, with pre-event dinner on Friday, July 23, 2004, and, as Guest House is 501(c)(3) non-profit organization sponsoring event to raise monies for renovations and restoration for preservation of Scripps Mansion, waived $100 application fee; further, approval contingent upon compliance with comments of Fire Chief and OCSD with regard to tents, emergency access, and security officers to manage traffic.
Approved request of Knights of Columbus, retroactively, to conduct Annual ‘Tootsie Roll? Fundraiser to support programs for mentally handicapped, Friday-Sunday, April 2-4, 2004, at various locations in Township and, because of non-profit status, waived requirements of Sections 4, 5, 6, and 8 of Ord. 95, Peddlers & Solicitors Regulation.
Appointed Genevieve Taylor (LOHS) and Michael Schafran (GM) to the Solid Waste/Recycling Committee for terms expiring December 31, 2005.
Authorized contracting with Maged Contracting for safety path maintenance, April 10, 2004 through December 31, 2005, to include inspection of 31 miles of path at $58 per mile and maintenance items not to exceed total of $42,000, contingent upon compliance with Township insurance requirements, and directed Supervisor and Clerk to sign contract on behalf of Township.
Accepted resignation of Barbara Shea Pote from Safety Path Advisory Committee, with regret, and directed Clerk to advertise vacancy.
Received and filed minutes of Orion Senior Center Governing Board meeting of February 27, 2004, as submitted.
Adopted Orion Senior Center Facility Use Policy, as amended, per recommendation of Orion Senior Center Governing Board.
Received and filed By-Laws of Orion Senior Center Governing Board, as adopted on March 24, 2004.
Set terms for members of Orion Senior Center Governing Board, as presented, with the three (3) citizen at-large appointments to be for staggered three (3) year terms, expiring December 31st.
Re-appointed Jo Ann VanTassel, as citizen at-large member, to Orion Senior Center Governing Board for term expiring December 31, 2006.
Approved amended Personnel Policy, with regard to Township Vehicles and Expense Reporting, as presented.
Adopted resolution to set cost estimate public hearing for Square Lake (Algae Control) #2 SAD for 8:00 p.m. on Monday, May 3, 2004.
Authorized advertising sale of used computer equipment and to award equipment based on Township Disposal of Equipment Policy, with understanding that unsold/unsaleable equipment to be disposed of at HHWD event on May 22, 2004.
Authorized temporarily contracting with D&B Billing, approximately ten (10) days per month, to cover maternity leave of minimum of twelve (12) weeks in Water & Sewer Department, at rates per Director of Public Works? memo of March 30, 2004.
Authorized Supervisor and Clerk to sign 2004 Community Service contracts, with deletion of Orion/Oxford Community Coalition amount ($3,600), and authorized preparation of contribution checks as budgeted for 2004.
Authorized 2004 Budget adjustments, as presented.
Held Executive Session at 7:45 p.m. to discuss Clerical Union contract negotiations.
Reconvened regular meeting at 8:25 p.m.
Authorized Personnel Attorney to proceed as directed, regarding Clerical Union contract negotiations.
Approved different standard in length of private road, to 858 feet, for LS-04-03, for property located at 4020 and 4070 Maybee Road (north of Maybee, west of Baldwin); and approved different length-to-width ratio for proposed Parcels A, B, & C of LS-03-04, as requested by Traci and Michael Bryant.
Approved request of now-defunct Orion/Oxford Community Coalition to transfer $3,600 appropriated in 2004 General Fund budget from Orion/Oxford Community Coalition to Orion Area Youth Assistance, to off-set cuts in funding by Lake Orion Community Schools and Village of Lake Orion.
Approved PC-98-25, Liberty Techne Final Plat, Township date-stamped March 26, 2004, contingent upon compliance with all issues raised in Township engineers? review letter of April 1, 2004 and Township planners? review letter of April 1, 2004 and directed Clerk to sign mylar when plat has received satisfactory review by demonstrating compliance with seven (7) items in Township engineers? (OHM) April 1, 2004 review letter.
Approved request of Union Church Governing Board for access to Union Church, prior to receipt of Certificate of Occupancy, as presented in March 23, 2004 meeting minutes, for sole reason of developing a plan for restoration and renovation of building, with meeting date to be set by Buildings & Grounds Director and Trustee Gingell and request for volunteer waivers complied with.
Received and filed Community Center Feasibility Study Report by Skanska/TMP and set public hearing on the matter for Monday, April 19, 2004 at 8:00 p.m., to receive citizens? input on four (4) options presented for consideration.
Authorized budget adjustment for 2004 Parks & Recreation Department budget, with regard to port-a-johns: $1,490 (1 for Friendship Park, 2 for Civic Center Park, 1 for McConnell Park), with the monies to come from fund balance.
Postponed action on request for approval for alternative funding events for Parks & Recreation Department, such as raffles and other special events, with generated monies to be placed in Park Capital Improvement Fund, per recommendation of Parks & Recreation Advisory Committee, to obtain answer from MTA, Plante & Moran, or Township attorney on legality of such activities by Township.
Failed to take action on request to advertise for full-time Recreation Programmer (Level 4, 40 hours per week, at starting pay rate of $12.08 per hour, plus benefits) to fill vacant position.
Approved adding proposal for Parks & Recreation Operating and Capital Improvement Millage on 2004 August Primary Election ballot, requesting .75 mills for five (5) years, to April 19, 2004 public hearing at 8:00 p.m. to receive citizen input.
Received and filed request for adjustments to 2004 Parks & Recreation Department budget, with regard to additional monies for park maintenance line items, as recommended by the Parks & Recreation Advisory Committee: extra mowing cuts, fertilization of fields, and top dressing, with the intent of reviewing the request a few months from now.
Approved Agreement for Indianwood Lake Special Assessment Collection, as presented, with regard to transfer of collection/payment duties from Oakland County Treasurer to Orion Township Treasurer, and directed Supervisor and Clerk to sign on behalf of Township.
Received and filed NOTA Grant Update/Financial Report of March 18, 2004, as submitted by Treasurer Marleau.
Received and filed NOTA Report regarding the directorship, as submitted.
Authorized waiver of attorney-client privilege with respect to February 24, 2004 opinion letter concerning conflict of interest issue with regard to filling NOTA director position.
Adjourned meeting at 11:10 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 04.07.04

BOARD OF TRUSTEES
PUBLIC HEARING
COMMUNITY CENTER and PARKS & RECREATION OPERATING AND CAPITAL IMPROVEMENT MILLAGE
The Orion Township Board of Trustees will hold a public hearing at 8:00 p.m., on Monday, April 19, 2004 to receive citizen input on four (4) possible options for a Community Center. In addition, comments will be taken on a ballot proposal for a Parks & Recreation Department Operating and Park Capital Improvements Millage.
If you are unable to attend the meeting, please send written comments to the Orion Township Clerk’s office, 2525 Joslyn Rd., Lake Orion, MI 48360. Comments may also be faxed to the Clerk at (248) 391-9984, or e-mailed to clerksoffice@oriontownship.org. For further information, please call the Clerk’s office at (248) 391-0304, ext. 104. Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 04.14.04

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION SIGN REGULATION
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, November 21, 2005, 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 regulating the size, placement, and location of signs in the Charter Township of Orion; providing the process for application, issuance of and fees for sign permits; providing for enforcement of the provisions of this Ordinance, including penalties for the violation of its provisions; and providing for the repeal of Ordinance 77 and all ordinances or parts of ordinances which are inconsistent or in conflict with this Ordinance.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Section 1 ? Short Title
This Ordinance shall be known and may be cited as the Charter Township of Orion ‘Sign Ordinance,? and it shall be deemed sufficient, in any action for enforcement of any of the provisions hereof, to refer to this Ordinance by this short title or by reference to the number hereof.
Section 2 ? Intent and Purpose
Pursuant to the authority granted to the Charter Township of Orion by the Township Zoning Act, PA 184 of 1943, the Township hereby enacts the following regulations for the erection and maintenance of temporary and permanent signs in Orion Township.
The intent of this Ordinance is to regulate the location, size, construction, and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety and welfare. While this Ordinance recognizes that signs and outdoor advertising are necessary to promote commerce and public information, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of the business and residential areas of the Township, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists.
To achieve its intended purpose, this Ordinance has the following objectives:
A. To prevent the placement of signs in a manner that will conceal or obscure other signs or adjacent businesses;
B. To keep the number of signs and messages at the level reasonably necessary to identify a business and its products;
C. To keep signs within a reasonable scale with respect to the buildings they identify;
D. To reduce visual distraction and obstructions to motorists traveling along, entering or leaving streets;
E. To promote a quality manner of display which enhances the character of the Township; and
F. To prevent the proliferation of temporary signs which might promote visual blight.
Section 3 ? Definitions
The following definitions shall apply in the interpretation of this Ordinance:
Accessory Sign ? A sign which identifies a use accessory to the principal use of the premises.
Advertising Sign ? See ‘on-premise sign.?
Area of Sign ? The entire area within a circle, triangle, parallelogram, or other geometric configuration enclosing the extreme limits of writing, representation, emblem or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. However, where such a sign has more than one face, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back-to-back as a mirror image in size and shape and are at no point more than two feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or the area of the larger face if the two faces are of unequal area. The area of the sign is further calculated as shown:

PICTURE

Automated Teller Machine (ATM) ? A freestanding computerized electronic machine that performs basic banking functions (including, but not limited to, handling check deposits or issuing cash withdrawals), also called automated teller.
Awning ? A shelter projecting from, and supported entirely by, the exterior wall of a building, constructed of non-rigid materials on a supporting framework.
Awning Sign ? A sign painted on, or attached flat against and parallel to the surface of an awning. An awning sign is considered a wall sign and subject to wall sign regulations.
Banner ? Any sign printed or displayed upon cloth or other flexible materials, with or without frames.
Billboard ? A non-accessory ground sign erected for purposes of advertising a product, event, person, or subject which may or may not be related to the premises on which the sign is located. Off-premises directional signs as permitted in this Ordinance shall not be considered billboards for purposes of this Ordinance.
Building-Attached Sign ? A sign attached to the front of a building and parallel to the front face of the building.
Building Official ? The Charter Township of Orion Building Official or his or her designee.
Bulletin Board or Announcement Sign ? A sign which indicates an event, public or private.
Canopy (Building) ? A rigid multi-sided structure covered with opaque fabric, metal or other opaque material and supported by a building at one or more points or extremities. The building canopy may be illuminated by external sources.
Canopy (Free-Standing) ? A rigid multi-sided structure covered with opaque fabric, metal or other opaque material and supported by columns or posts embedded in the ground. The canopy may be illuminated by external sources.
Canopy Sign ? A sign affixed or applied flat against and parallel to the exterior facing surfaces of a building or freestanding canopy. A canopy sign, whether or not supported by a building, is a wall sign and subject to wall sign regulations if the canopy is illuminated or if it contains advertising.
Center Identification Sign ? A sign which gives identification to a commercial, office and professional, or industrial center containing more than one (1) business establishment, whether or not under single ownership or management.
Collector Streets ? Those streets designated on the Thoroughfare Plan of the adopted Orion Township Master Plan as Collector Streets.
Change of Copy ? The replacement of the name of a tenant with another on a Center Identification Sign. Change of copy shall not include modifications to the sign structure or frame, nor shall it include alternations of sign size.
Commercial Area ? Property zoned for commercial or industrial use, as identified in Ordinance No. 78, the Zoning Ordinance, as may be amended from time to time.
Construction Sign ? An on-premise sign erected in a commercial area for the purpose of identifying a development under construction and directing visitors to the site, containing the project name and names of the developer, financier, general contractor, and any subcontractors.
Directional Sign ? An on-premise sign in a commercial area indicating the route or location of facilities, services, or activities, which does not exceed two (2) square feet in area. Directional signs may be free-standing or Building-Attached Signs.
Door Sign ? Any sign that is placed inside a door or upon the glass panes and is visible from the exterior of the door.
Election Sign ? A sign, relating to the election of persons to public office, or relating to a political party, or relating to a matter to be voted upon at an election called by a public body.
Facing of Surface ? The areas of the sign upon, against, or through which the message is displaced or illuminated.
Festoon Sign ? Banners, pennants or other such features which are hung or strung overhead and which are not a structural part of the building they are intended to serve.
Flashing, Animated or Moving Sign ? A sign that has intermittently reflecting lights, or signs which have movement of any illumination such as intermittent, flashing, scintillating or varying intensity, or a sign that has any visible portions in motion, either constantly or at intervals, whether caused by artificial or natural sources.
Floodlight Illumination ? External lighting provided by a floodlight or spotlight.
Front and/or Side Fa’ade ? The exterior of the wall or all walls of a building facing in the direction of the front yard as defined in Zoning Ordinance No. 78 and generally parallel to the street. The front and/or side fa’ade shall include all window and door areas contained within.
Frontage ? The length of the street right-of-way line on a zoning lot, which is the same as the front lot line or side street lot line as defined in the Zoning Ordinance No. 78.
Gasoline Pump Island ? A combination of more than one fuel-dispensing device, clustered together, to provide a customer with more than one option of type of fuel, or grade thereof, to be purchased.
Ground Sign ? A free-standing, permanent sign or monument sign which is supported by uprights, braces, columns, or other ground anchor, and which is not attached to any building.
Help Wanted Sign ? A window, A-frame or sandwich sign indicating an employment opportunity with a business, which sign contains the name of the business, the position available, and a contact telephone number.
Identification and Nameplate Sign ? A wall sign of two (2) square feet or less in area stating the name of a person or firm.
Indirect Illumination ? A light source concealed or contained within the sign and which becomes visible in darkness through a translucent surface.
Major Thoroughfare ? Those streets designated on the Thoroughfare Plan of the adopted Orion Township Master Plan as Major Thoroughfares, Regional Thoroughfares, or State Trunklines.
Marquee Sign ? A display sign attached to or hung from a canopy or other covered structure projecting from, and supported by, a building.
Mechanical Movement ? Any animation, revolution, movement up and down, or movement sideways of any sign component.
Memorial Sign ? A sign, not exceeding twenty-four (24) inches by twenty-four (24) inches in area, which is permanently affixed to the wall of a building and either carved into the masonry surface of the building wall or consisting of a plaque mounted flush with the wall and permanently affixed to the wall, identifying the date the building was erected, the name of the building, or the name of person in whose memory the building was named.

Monument Sign ? A ground sign mounted on a base that is in contact with the ground.
Monument Sign Base ? The lower part of a monument (ground) sign, which may appear as a separate architectural feature, and serves as its ground support.
Multi-Tenant Sign ? A non-residential sign which displays information for more than one tenant or business establishments.
Non-Commercial Sign ? A sign that is not related to or connected with trade and traffic or commerce in general and includes an election sign or a sign expressing an opinion or other point of view.
Off-Premise Sign ? A sign other than an on-premise sign.
On-Premise Sign ? A sign relating, in its subject matter, to the premises on which it is located, or to projects, accommodations, services, or activities on the premises.
Planning Commission ? The Charter Township of Orion Planning Commission.
Portable Sign ? A free-standing sign not permanently anchored or secured to either a building or the ground, such as, but not limited to, trailers, ‘A? frame and ‘T? shaped sign structures, and vehicle signs.
Projecting Sign ? A sign which extends beyond the building wall and is perpendicular or nearly perpendicular to the building surface. A projecting sign shall be considered a wall sign. Both sides of a projecting sign shall be counted towards total sign area.
Pylon or Pole ? A type of support for a sign which has its base anchored in the ground and with a specified clear space between the bottom of the face of the sign and the established grade.
Real Estate Development Sign ? A temporary sign placed at a subdivision or other real estate development to indicate an approved development or indicate availability.
Real Estate Sign ? A sign placed on property advertising that particular property on which the sign is placed ‘for sale,? ‘for rent,? or ‘for lease.?
Residential Area ? Property zoned for single-family, multiple family, recreational, or special purpose use as identified in Zoning Ordinance No. 78.
Roof Sign ? A sign which is erected constructed or maintained upon the roof or parapet of a building.
Shopping Center Sign ? A non-residential sign which identifies a building, group of business establishments and/or individual tenants.
Sign ? A structure which includes the name, identification, image, description, display or illustration which is affixed to, painted or represented directly upon a building, structure or parcel of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business, and which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays or merchandise or objects and material without lettering placed behind a store window are not signs. This definition includes the base, frame and support members of a sign.
Sign Setback ? Where it is specified that a sign must be located a minimum or other certain distance from property lines or public rights-of-way, such distance will be measured from the portion of the sign structure nearest to such specified line. For the purpose of this measurement, the property lines and public rights-of-way extend vertically and perpendicularly from the ground to infinity.
Temporary Sign ? Any sign, regardless of size and materials, which is not permanently fastened to any structure intended for another purpose, including, but not limited to, utility poles and other posts with permanent footings.
Total Window and Door Area ? Includes the combined total window and door areas on the front fa’ade of a building.
Use ? The purpose for which land or buildings thereon are designed, arranged, or intended to be occupied or used, or for which they are occupied or maintained.
(a) Change of Use: A discontinuance of an existing use and the substitution of a different kind of class of a use. This may include a change of use for commercial, office, industrial or residential categories or a change of commercial sub-groupings such as retail, office, or restaurant.
Vehicle Business Sign ? A sign where the vehicle upon which the sign is painted or attached is parked or placed upon the owner’s premises primarily for advertising purposes. Currently licensed commercial vehicles including, but not limited to, vehicles used for delivery of goods or services, buses, and cabs in general daily off-premise use are not included in this definition.
Vending Machine Sign ? Includes the area of the vending machine which advertises the products sold, including areas containing advertising words, logos, photos, visual images or symbols of the products.
Wall Sign ? A sign attached to, or placed flush against, the exterior wall or surface of any building wherein no portion of which projects more than twelve (12) inches from the wall.
Window Sign ? Any sign that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
Zoning Board of Appeals ? The Zoning Board of Appeals of the Charter Township of Orion.
Zoning Lot ? A single tract of land, located within a single block, which at the time of filing for a building or sign permit is designated by its owner or developer as a tract to be used, or built upon as a single unit, under single ownership or control. A zoning lot shall satisfy Zoning Ordinance requirements with respect to area, size, dimensions, and frontage as required in the district in which the zoning lot is located. A zoning lot, therefore, need not coincide with a lot of record as filed with the County Register of Deeds, but may include one (1) or more lots of record.
Section 4 ? Exempt Signs
The following types of signs are exempt from the provisions of this Ordinance:
A. ‘No Hunting,? ‘No Trespassing,? and ‘No Soliciting? signs, as well as on-premise directional signs not exceeding two (2) square feet in area.
B. Signs located in the interior of buildings, except as may otherwise be regulated by this Ordinance.
C. Any residential identification or address sign affixed to a wall, mailbox, post, lamp post, or pillar in a Residential Area, which is not larger than two (2) square feet.
D. Traffic control or other municipal signs, including, but not limited to, historic site designations, municipal facility directional signs, directional signs placed in road rights-of-way, legal notices, railroad crossing signs, danger and other temporary emergency signs.E. Signs or banners, not to exceed, twenty-five (25) square feet, for special events approved by the Township Board.
F. Non-Residential Street Address Signs (street numbers) not exceeding three (3) square feet in area.
G. Memorial signs, as defined in this Ordinance.
H. Flags bearing the official design of a nation, state or other municipality, educational institution, or philanthropic or other public or private corporation or entity; provided, however, that only one flag bearing the seal or trademark of a private organization may be displayed by an individual establishment. The height of a flagpole for a flag other than that bearing the official design of a nation, state or other municipality shall not exceed 1.5 times the allowed building height in the respective zoning district.
I. For gasoline service stations, a sign which is deemed customary and necessary to their respective businesses: customary lettering or other insignia on a gasoline pump consisting of brand of gasoline sold, lead warning information, and any other data required by law and not exceeding a total of three (3) square feet on each pump.
J. Temporary signs for garage sales, yard sales, estate sales or other similar events in residential areas that are put up and taken down within a five (5) day period.
K. Directional signs, as defined in this Ordinance, to a maximum of four (4) per occupant in a single or multi-tenant building. Sites larger than ten (10) acres may request, in writing to the Building Official, additional directional signs. Directional signs may contain the logo or symbol of the business referenced therein, provided such logo does not exceed thirty percent (30%) of the area of the Directional sign.
Section 5 ? Prohibited Signs
A. Any sign not expressly permitted is prohibited.
B. Billboards, except as may be permitted under the Michigan Highway Advertising Act, PA 106 of 1966.
C. Flashing, animated or moving signs shall be permitted only in districts zoned SP-1, and only if the flashing, animated or moving portion of the sign moves at intervals of ten (10) seconds or greater.
D. Any sign which, by reason of its size, location, content, coloring, or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any traffic control device on public streets and roads. Signs which make use of words such as ‘STOP?, ‘LOOK?, ‘DANGER? or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse traffic.
E. Any sign or sign structure which:
1. Is structurally unsafe.
2. Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.
3. Is not kept in good repair.
4. Is capable of causing electric shocks to persons likely to come in contact with it.
5. Has peeling paint on any surface.
6. Has any parts broken, missing letters, or non-operational lights.
F. Roof signs, as defined in this Ordinance.
G. Any sign which obstructs free ingress or egress from a required door, window, fire escape, or other required exit way.
H. Any sign or other structure containing or conveying any obscene, indecent or pornographic material.
I. Any sign, from the effective date of this Ordinance, which is unlawfully installed, erected or maintained.
K. Banners, pennants, search lights, string lights, twirling signs, balloons or other gas-filled figures, except as otherwise permitted in Sections 6(J) and 6(K).
L. Signs affixed to utility poles, trees, rocks, shrubs or similar natural features; provided, signs denoting a site of historical significance may be allowed.
M. Temporary signs mounted upon trucks, vans, trailers, or other wheeled devices are prohibited. This provision does not apply to Noncommercial Signs as provided in Section 7.
N. Vehicles parked on or near public rights-of-way for the purpose of advertising a business or service are prohibited. This provision does not apply to Noncommercial Signs as provided in Section 7.
Section 6 ? Temporary Signs
Temporary signs, whether requiring a permit or not, shall conform to the following requirements:
A. This section shall not apply to Noncommercial Signs.
B. A temporary sign shall have a maximum height of four (4) feet in residential areas, and eight (8) feet in commercial areas, from the natural grade at the base of the sign. The maximum sign height for temporary signs may be increased in accordance with the following table where such signs are located at buildings that are setback further than seventy-five (75) feet from the street setback line (measured from the closest building point to the nearest street setback line) in accordance with the following chart:

C. Temporary signs shall not exceed six (6) square feet in residential areas, and sixteen (16) square feet in commercial areas, with a maximum of two (2) sides per sign, except banners which shall have a maximum area of twenty-five (25) square feet per side.
D. Except as otherwise provided in this Ordinance, temporary signs shall remain in place no longer than a period of sixty (60) days within a calendar year.
E. The permission of the property owner or their designee shall be required prior to the erection of a temporary sign on any parcel. This includes the placing of a temporary sign on vacant property.
F. Except as otherwise provided in this Ordinance, a temporary sign shall only be allowed to be placed on publicly-owned property, including road rights-of-way, when placed there by and for the benefit of the respective public agency or with the written permission of the public agency.
G. An organization or business that holds a number of events throughout the calendar year, which term ‘events? shall not be interpreted to mean a ‘sale?, may apply for an annual temporary sign permit in accordance with the following provisions:
1. Such organization shall provide a list of each event and the date(s) of such event not later than fourteen (14) days prior to the event for which a temporary sign will be erected. Exceptions to the fourteen (14) day requirement may be granted by the Building Official or his or her designee for fundraising events for national or international disasters or emergencies.
2. Provided such organization has been in compliance with the provisions of this Ordinance, it shall be allowed to apply for a renewal of its temporary sign permit on an annual basis by application to the Building Department in accordance with the requirements of this section.
H. Sandwich or A-frame signs are permitted, if they meet the criteria for temporary signs outlined herein.
I. A maximum of four (4) off-site temporary signs advertising the sale or lease of commercial/industrial buildings or property or advertising residential developments may be erected for up to six (6) months with a permit. The temporary signs provided for in this subsection shall be placed within a two (2) mile radius of the property being advertised. Renewals of the permit may be granted following application and approval by the Building Official. In all events, all such temporary off-site signs shall be removed and properly disposed of immediately upon the sale or lease of the commercial/industrial building or property, or, in the case of a new residential development, upon the sale of the final unit or lot in the residential development or any phase thereof.
J. On-site banners shall be permitted solely for purposes of announcing or advertising a special sale, event or other less than regular occurrence, shall require a permit from the Township, and shall be allowed for a period of time up to thirty (30) days. Such a temporary display may be renewed for an additional thirty (30) days, if no violations of this Ordinance have occurred, and if the special event has not yet occurred. No more than two (2) renewals shall be granted in a calendar year, for a maximum of ninety (90) days within a calendar year.
K. On-site pennants, search lights, string lights, twirling signs, balloons or other gas-filled fixtures shall require a permit from the Township and shall only be permitted for the opening of a new business in a commercial or industrial district and in residential districts in conjunction with a new development or model home demonstration conducted by the developer for a period not to exceed fourteen (14) days.
L. Construction signs, as defined herein, provided they do not exceed twenty-four (24) square feet, shall be permitted to remain in place for the duration of construction at the site they are identifying.
M. ‘Help Wanted? signs not exceeding six (6) square feet in area and four (4) feet in height, which may be displayed on private property for a period of up to four (4) weeks at a time, and not more than four (4) times within each calendar year.
N. On-site temporary signs to advertise a private garage sale, estate sale, or yard sale in a residential area, along with four (4) off-site temporary signs, shall be allowed without a permit; provided, that such signs may not posted for more than five (5) days and otherwise comply with the provisions of this Ordinance concerning placement and setbacks from road rights-of-way.
O. A maximum of four (4) off-site temporary signs advertising a house for sale, lease, or rent are allowed without a permit, provided that such signs are removed immediately after the house advertised has been sold, leased, or rented, and provided that such signs comply with the provisions of this Ordinance concerning placements and setbacks from road rights-of-way.
P. Customary holiday displays in residential areas are exempt from the temporary sign regulations contained in this section.
Q. Temporary signs placed upon property in the Township in violation of this Ordinance may be removed only by Township Ordinance Enforcement Officers, the owner of the sign, or the owner of the property where a sign has been placed, or their designees. A temporary sign that has been removed by the Township will be kept for one (1) week, at which time the sign may be destroyed or disposed of by the Township.
Section 7 ? Noncommercial Signs
A. As defined in this Ordinance, Noncommercial Signs shall be permitted in all districts as follows:
1. Noncommercial signs shall be permitted on any lot or parcel subject to the following limitations:
a. Except as otherwise set forth herein, noncommercial signs may be placed on private property, without a permit or payment of a fee, provided that such signs:
i. Shall not exceed a total of twenty-four (24) square feet in a Residential Area, regardless of the number of signs; provided that no single sign may exceed six (6) square feet. So long as the two sides of the sign are a mirror image of each other, then only one side shall count towards the total permitted square footage allowable.
ii. Shall not exceed a total of sixty-four (64) square feet in a Commercial Area, regardless of the number of signs; provided that no single sign may exceed sixteen (16) square feet. So long as the two sides of the sign are a mirror image of each other, then only one side shall count towards the total permitted square footage allowable.
iii. Shall not be placed within a side yard setback area required under the Zoning Ordinance for the district in which the property is situated.
iv. Shall not be placed in the public road right-of-way unless there is no area available on the private property to place the sign. In such event, the sign shall be placed not less than ten (10) feet from the traveled portion of any public street or road. For purposes of this regulation, the traveled portion of the road includes any road shoulder. The Building Official or his or her designee shall permit a sign closer than ten (10) feet to the traveled portion of the road where all of the following conditions are satisfied:
(a) There is less than ten (10) feet of space between the traveled portion of the street or road and any principal or accessory building on the property so that it is not possible to place a sign in conformance with the ten (10) foot limit; and
(b) The sign shall be located as far away as possible from the traveled portion of the street or road while remaining visible; and
(c) The sign does not obstruct the vision of drivers; and
(d) The sign does not obstruct or detract from the visibility of any traffic sign or traffic control device.
After affording the proponent of the sign an opportunity to be heard, the Building Official or his or her designee may revoke the permission for a sign closer than ten (10) feet if, based upon accepted traffic safety principles, it is concluded that the closer sign placement constitutes a traffic hazard.
b. Except as permitted under Subsection (B), there shall be only one Noncommercial Sign pertaining to a specific event per lot or parcel. Noncommercial Signs that pertain to a specific event, other than an election duly called by a public entity, shall be removed not later than fourteen (14) days after the date of the referenced event.
c. Noncommercial Signs that are Election Signs may be erected according to the following schedule:
i. For a candidate for public office, upon certification by the local public entity of said candidate’s nominating petition.
ii. For a write-in candidate for public office, upon announcement by said candidate of their intention to seek public office via a write-in campaign.
iii. For a matter to be voted upon at an election, other than a candidate for public office, upon approval by the appropriate public body to include said matter on the ballot for that election.
d. Notwithstanding anything to the contrary in the preceding, Noncommercial Signs not exceeding the size limitations contained herein are permitted as Window Signs.
B. Anything in this Ordinance to the contrary notwithstanding, a sign structure permitted in this Ordinance as an on-premise or an off-premise advertising sign may contain a lawful, noncommercial message, except for traffic signs, railroad signs, danger or other emergency signs, and directional signs.
Section 8 ? Permitted Ground and Wall Signs by Use
A. Residential and Recreational Land Uses. In all residential and recreational uses, the requirements of Schedule A shall govern sign use, area, height, numbers, and setbacks, in addition to requirements elsewhere in this Ordinance.

Notes to Schedule A:
(1) See Section 8(F)(1)
(2) See Section 8(F,)(2)
(3) See Section 8(F)(4)
(4) See Section 8(G)
(5) All setbacks for ground signs shall be measured from the existing right-of-way or as required by the Road Commission of Oakland County.
B. Commercial Land Uses. In all business uses, the requirements of Schedule B shall govern sign use, area, height, numbers, and setbacks, in addition to requirements elsewhere in this Ordinance.

.

Notes to Schedule B:
(1) Ground signs shall be subject to all the standards of either Alternate A or Alternate B.
(2) See Section 8(F)(1)
(3) See Section 8(F)(2)
(4) See Section 8(F)(3)
(5) See Section 8(F)(4)
(6) See Section 8(G)
(7) The maximum sign area for wall signs may be increased in accordance with the following table where such signs are located on buildings that are setback ninety (90) feet or more from the street setback line (measured from the closest building point to the nearest street setback line) and which has a single tenant floor area of at least ten thousand (10,000) square feet.

(8) All setbacks for ground signs shall be measured from the existing right-of-way as required by the Road Commission of Oakland County.
C. Office and Professional Land Uses. In all office and professional uses, the requirements of Schedule C shall govern sign use, area, heigh

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLE XXVI, SECTION 26.00
BROWN ROAD OVERLAY DISTRICT
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, February 6, 2006, 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, Article XXVI, for the Charter Township of Orion, Michigan; adding Section 26.02; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1. Pursuant to the provisions of the Michigan Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Article 26, Section 26.02 is created by placing the hereinafter-described language in the Article as follows:
Section 26.02 ? Brown Road Overlay District
A. Preamble.
The purpose of the Brown Road Overlay District shall be to promote the development of the Brown Road Area in accordance with the Charter Township of Orion Master Plan (Master Plan Addendum, dated May 16, 2001). The Master Plan for the Brown Road area promotes a mixed-use concept of new development that advances the creation of a high technology research and industrial park. The technology park encourages a campus type setting incorporating a variety of land uses and promotes excellence in design and construction. Proposed development will create outdoor spaces, pedestrian pathways, and streetscapes as well as create uniformity in development and high quality architectural and environmental uses. The District also anticipates road improvements to Brown Road, Jordan Road and future interior roads.
The provisions of this district are intended to establish a high tech research industrial park which:
1. Is physically recognizable and creates an attractive entry way into the Township.
2. Locates work places and restricted commercial uses in close proximity to one another, thereby maximizing transportation choice and reducing the number in length of motor vehicle trips and traffic congestion. Compatibility of building uses and other improvements is determined by their arrangement, scale, character and landscaping to establish an attractive and harmonious environment.
3. Establishes appropriately planned streets servicing the needs of pedestrians, bicycles and motorist.
4. Creates appropriate public spaces in prominent locations that act as landmarks and symbols and focal points for community identity.
5. Includes attractive architecture and landscaping that is consistent with the unique character.
B. Principal Uses Permitted.
The following uses shall be permitted, subject to the standards and requirements set forth herein:
1. Automotive.
a. Research.
b. Design.
c. Pilot Engineering.
d. Machinery/Light Assembly.
e. Light Manufacturing (no exterior storage).
2. Materials Science.
a. Plastics/Polymer Research and Engineering.
b. Laser Technology and Application.
c. Processing, Packaging, Pilot Manufacturing/Machining.
d. Robotic Research.
3. Information Technology.
a. Telecommunications.
b. Data Processing and Computing Centers.
c. Computer Electronic Parts, Equipment, and Electronics Manufacturing.
d. Computer Programming and Software Development.
4. Environmental Sciences.
a. Laboratories.
b. Research, Testing, and Administrative.
5. Instrumentation.
a. Engineering and Laboratories for Scientific Instruments.
b. Measuring, and Controlling Testing Equipment.
c. Optical Instruments Research and Light Manufacturing.
6. Biological.
a. Biotechnology/Biopharmaceutical/Biomedical Research.
b. Pharmaceutical Research.
c. Laboratories Engaged in Genetic Research.
d. Radiographic Electromedical Apparatus and Research.
e. Medical Instruments, Appliances, Filters, and Light Manufacturing.
7. Professional and Administrative Offices.
a. Training.
b. Clerical/Financial.
c. Corporate Headquarters, Regional Headquarters and Other Administrative Offices for Research and Research Application Uses.
d. Conference Centers.
C. Accessory Uses Permitted.
The following uses are permitted as accessory or incidental use to one of the permitted uses identified in Section 26.02 (B). These uses shall not occupy more than twenty five percent (25%) of the total buildable area, shall be located within or attached to a principle use, and shall comply with the standards and requirements set forth herein.
1. Storage Buildings for Materials or Equipment Related to the Principal Use.
2. Audio, Video, Telecommunications, and Other Types of Broadcasting Facilities.
3. Child Day Care Centers.
4. Financial Institutions.
5. Health Clubs.
6. Mail and Packaging Establishments.
7. Printing and Photocopying Establishments.
8. Restaurants (excluding drive-throughs).
9. Retail and Service Uses Conducted Primarily for the Convenience of the Employees of the Park (less than 20,000 sq. ft.).
10. Other Accessory Buildings, Structures, or Uses Customarily Incidental to any of the Principal Uses.
D. Light Industrial Special Land Uses.
The following uses shall be permitted as special land uses in the Brown Road Overlay Zone, subject to the standards and approval requirements as provided in Section 30.01 as well as standards for Outside Storage.
1. Contractor storage buildings and/or yards for materials, equipment, and vehicles.
2. Storage buildings and/or yards for vehicles and equipment used to provide services such as landscaping, lawn treatment, trash removal, and other services of a similar nature.
3. Storage buildings and/or yards for recreational vehicles and items such as boats, travel trailers, motor homes, snowmobiles, and other items of a similar nature.
4. Mini-warehousing.
5. The outside storage of materials, supplies, vehicles, equipment or similar items is allowed only when such storage is specifically shown on the site plan as approved by the Planning Commission.
a. The outside storage of materials, supplies, vehicles, equipment or similar items is allowed only when such storage is specifically shown on the site plan as approved by the Planning Commission.
b. Outside storage shall be limited to the rear yard area.
c. Outside storage shall be completely fenced with a chain link fence or other fence or wall at least eight (8) feet high. The Planning Commission may modify the height and design of the fence or wall based upon the type of materials stored, topography, existing vegetation, views from surrounding properties or other site conditions.
d. Outside storage areas shall be screened from view from all roadways. This screening shall be either opaque screening or evergreen landscape screening in accordance with the provisions set forth in Section 27.05.
E. Commercial Special Land Uses.
The following commercial uses shall be permitted as a special land use in the Brown Road Overlay zone. The uses may be allowed as separate business establishments. The commercial uses shall offer goods and services which are ancillary and supportive to the high technology research and industrial park and subject to the standards and approval requirements as provided in Section 30.01.
1. Audio, Video, Telecommunications, and Other Types of Broadcasting Facilities.
2. Child Day Care Centers.
3. Financial Institutions.
4. Health Clubs.
5. Mail and Packaging Establishments.
6. Printing and Photocopying Establishments.
7. Restaurants (excluding drive-throughs).
8. Retail and Services Uses Determined to be Compatible by the Planning Commission and Conducted Primarily for the Convenience of the Employees of the Park (less than 20,000 sq.ft.).
9. Hotels, Motor Hotels, and Accessory Uses including Dining Entertainment and Recreation.
10. Other Accessory Buildings, Structures, or Uses Customarily Incidental to any of the Principal Uses.
F. Environmental Performance Standards.
All buildings, uses, and facilities within the Brown Road Technology Park Overlay District shall comply with the following environmental performance standards. These standards are intended to ensure that proposed facilities will have minimal impacts on the natural environment, will make best use of existing topography, drainage, and landforms, and will be compatible with the character of surrounding properties and the community as a whole.
1. Stormwater Management. The Township recognizes that stormwater runoff has been traditionally treated as a by-product of development to be disposed of as quickly and efficiently as possible. The result has often been increased flooding, degradation of water quality, soil erosion and sedimentation, and a failure to capitalize on the benefit of creative stormwater management. It is also recognized that certain community development standards may contribute to decreases pervious surface and increased stormwater runoff.
All development projects subject to review under the requirements of this Ordinance shall be designed, constructed, and maintained in accordance with Oakland County Drain Commissioner Rules and Regulations, as well as the Charter Township of Orion Engineering Standards. The objectives of these standards will contribute to the prevention of flooding, protection of water quality, reduction of soil erosion, maintain and improve wildlife habitat, and substantial aesthetic values.
2. Incineration Prohibited. There shall be no incineration on any site of any waste material.
3. Vibration. There shall be no activity on any site, which causes ground vibration, which is perceptible, without instruments, at the boundary line of the site.
4. Air Pollution. Any emissions from any facility within the District shall comply with all local, state and federal regulations.
5. Noise. The emission of measurable noises shall not exceed seventy (70) decibels at the property line, except where normal street traffic noises exceed seventy (70) decibels during such periods; the measurable noise emanating from the premises may equal, but shall not exceed, such traffic noises.
In addition, 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 loading and unloading areas in commercial or industrial districts adjacent to residential districts.
6. Glare. Glare, whether direct or reflected, such as from floodlights or high temperature processes, and as differentiated from general illumination, shall not be visible at any property line.
7. Lighting. Any lights used for exterior illumination shall direct light away from adjoining properties, and shall be designed or sited so that the lighting source is not visible at any property line. Lighting shall comply with Section 27.11.
8. Hazardous Materials. If the proposed uses or tenants of the project are known or propose to use and/or store hazardous materials (including hazardous wastes) onsite, the project shall be designed to comply with all applicable fire and building codes for the hazardous materials use, and adequate precautions shall be taken to protect against negative off-site impacts of a hazardous materials release, using best available technology.
G. Site Design Guidelines.
Intended to enhance and maintain the quality of the site and architectural design of high-technology areas of the Township. Will ensure the character of the development is attractive, cohesive, and compatible with the existing atmosphere of the surrounding community. The design guidelines consist of two types of criteria: mandatory and non-mandatory. The mandatory criteria are identified be ‘shall? and are required, while the non-mandatory criteria are identified by words such as ‘encouraged? or ‘should.? Although the latter is not mandatory, the Township will seek creative and cost effective means to gain compliance with non-mandatory criteria during review.
1. General Standards.
a. New development shall enhance the character of its surrounding area through quality architecture, landscaping, and appropriate site arrangement.
b. In multi-building complexes, a distinct visual link shall be established among various buildings by using architectural or site design elements such as courtyards, plazas, landscaping, and walkways to unify the project.
c. Natural amenities such as views, mature trees, slope, and similar features unique to the site should be preserved and used to enhance the design of new projects.
d. Transition shall be developed between projects with different uses and intensities on adjacent parcels to provide an effective visual and functional shift. Transition may be created through appropriate building setback, height, and landscape buffers.
e. All new facilities including support commercial shall comply with required setbacks and minimum separation to adjacent building to encourage clustered development and maximum preservation of contiguous open space in the District.
2. Site Organization and Design.
a. All site components shall be arranged to emphasize the aesthetically pleasant components of the site such as existing mature trees, superior architectural features, and disguise its less attractive scenes such as service facilities (i.e. loading docks, utility meters, HVAC, trash compaction, etc), equipment areas (vehicle fleet, etc.), and trash enclosures through placement and design of the structure and landscaping.
b. New sidewalks/pedestrian walkways shall be provided and integrated into the existing sidewalk network. The on-site walkway system shall link the proposed facility with existing or future support commercial areas, outdoor public gathering places, and other open space areas within the District. Further, convenient employee access to nearby support commercial uses and walkway systems should be provided when feasible.
c. Where it is necessary for the primary pedestrian access to cross drive aisles or internal roadways, the pedestrian crossing shall emphasize and place priority on pedestrian access and safety. The material and layout of pedestrian access shall be continuous as it crosses the driveway, with a break in continuity of the driveway paving and not in the pedestrian walkway. The pedestrian crssoings must be well-marked using pavement treatments, signs, striping, lighting, traffic calming techniquest, median refuge reas, and landscaping.
3. Parking and Circulation.
a. To avoid large expanses of paved areas, and to provide easy accessibility to buildings, large parking lots should be divided into smaller parking areas and dispersed around the site. Dedicated pedestrian pathways should be provided through large parking lots to allow clear access to buildings. (See figure to the right)
b. Where large parking lots are needed, adequate landscaped pockets shall be integrated into parking areas, as required by Landscaping design standard.
c. Wherever security gates are provided, sufficient parking should be provided outside of the gate area for visitors.
d. Shared driveway access between adjoining properties is encouraged.
e. Parking shall be located so that it is not visible from the Brown Road right-of-way, while permitting only up to ten percent (10%) of the parking to be located adjacent to the right-of-way.
4. Landscaping. All sites shall be landscaped and screened as follows, with the specifics of each found in Section 27.05 unless otherwise specified here:
a. Greenbelt. All uses shall provide no less than a thirty (30) foot landscaped greenbelt along all parcel boundaries. The greenbelt shall be landscaped with no less than one (1) tree per every thirty (30) lineal feet, but may be clustered on the site.
b. Front Greenbelt. All plant material planted within the front greenbelt adjacent to or within fifty (50) feet of any road right-of-way shall meet the size requirements of this section. Deciduous trees shall be a minimum of three (3) inches in caliper measured six (6) inches above the ground when planted. Evergreen trees shall be a minimum of seven (7) feet from grade to the bottom of the leader when planted. Shrubs that are large upon maturity shall be a minimum of three (3) feet in height for upright species or two (2) feet in width for spreading species when planted. Shrubs that are small upon maturity shall be a minimum of two (2) feet in height for upright species or eighteen (18) inches in width for spreading species when planted. All groundcovers and vines shall meet the minimum size requirements stated in Section 27.05.
c. Residential Buffer. All commercial or industrial uses adjacent to a property zoned or used for single family uses shall provide one of the following types of screens/buffers on all abutting sides:
i. A solid wall with planting strip.
ii. Screening mounds or berms.
iii. Evergreen screen.
iv. A combination of the above.
5. Parking Lot Landscaping. All off-street parking areas containing greater than twenty (20) spaces shall provide the following landscape provisions:
a. Parking lots facing a public or private street shall be screened from view with a berm, wall, vegetation buffer or combination thereof, at least three (3) feet in height. Berm slopes should be planted with shrubs, trees, and other plantings.
b. Parking lot trees shall be provided in the interior to break up pavement and provide shade. Required parking lots shall be calculated on the following basis:
Parking Lot Size Minimum Tree Standard
1 to 100 spaces 1 canopy tree per 8 spaces
101 to 300 spaces 1 canopy tree per 10 spaces
301 or more spaces 1 canopy tree per 12 spaces
c. All required interior parking lot trees shall either be placed within the parking lot, or within twenty (20) ft. of the edge of the parking lot. However, at least fifty percent (50%) of the required trees shall be placed within the interior of the lot, rather than surrounding the lot. Parking lot islands within the interior shall be at least one hundred fifty (150) square feet to provide for adequate infiltration of water, and curbed to protect the plantings. Proposed light fixtures should not replace planned trees within islands (see figure below).
d. Landscaping shall be provided in the area immediately surrounding the building, which will enhance the exterior appearance of the building. Trees should be used in front of long, blank facades or multi-story structures. Foundation landscaping shall be provided at least in those areas visible from street rights-of-way (see figure right).
e. Planning Commission may at their discretion modify the off-street parking area landscape requirements.
6. Sign Regulations. All sings shall comply with the standards set forth in Orion Township Sign Ordinance No. 77, unless a more restrictive standard is provided below:
a. All freestanding signs shall be no taller than ten (10) feet.
b. Pole style signs shall be prohibited.
c. The total sign area for an individual uses shall not exceed fifty (50) square feet.
d. All signs shall be designed so as to be compatible with and compliment the architectural and landscaping design and be appropriate to serve the intended use(s).
e. Billboards are strictly prohibited.
7. Lighting. All exterior lighting fixtures shall comply with the standards set forth in Section 27.11 of this Ordinance unless a more restrictive standard is provided below:
a. Lighting shall be designed to be cohesive throughout a development site. A consistent style of light fixture shall be installed along all interior roadways. Parking lot and decorative lighting for walkways or buildings on each site will be determined by the needs of the user, but shall be compatible with all light fixtures on the site.
b. All lights will be designed to minimize glare and light pollution of the night sky. Pole-mounted fixtures shall be down-directed and have cut-off distribution. (See figure right)
c. The selection of light fixtures and colors shall be consistent with exterior building materials, with the exception of ‘thematic? lights, which are a unique/custom design relating to a specific site area.
d. Wall-mounted lights shall be fully shielded and down directed (see figure lower right). Unshielded and exposed wall-mounted lights are prohibited, as shown below, middle and left.

e. The maximum height of pole-mounted lights shall be twenty-five (25) feet for parcels over fifty (50) acres, and fifteen (15) feet for parcels under fifty (50) acres.
f. Fixtures using cut-off distribution are required, which should allow less than two percent (2%) of their emitted light above 75 degrees from vertical.
g. Building or roof mounted lighting intended to attract attention to the building and/or use and not strictly designed for security purposes shall be permitted at the sole discretion of the Planning Commission.
h. Pedestrian walk lighting shall clearly identify the pedestrian walkway and direction of travel.
8. Public Road Access. Any use developed or proposed within this district shall have direct access to a dedicated paved public road, and adjoining uses shall provide shared access drives and/or parking in the following cases:
a. When the driveway could potentially interfere with traffic operations at an existing or potential traffic signal location.
b. The site is along a portion of roadway where there is congestion or a relatively high number of accidents.
c. The property frontage has limited sight distance.
d. The Fire Chief recommends a second means of emergency access.
e. Required by the Michigan Department of Transportation or Road Commission of Oakland County.
f. Uses are contiguous and/or occupy a very small lot.
g. Uses subject to the Township’s Access Management Standards of Section 27.14.
9. Utilities. Where feasible, Planning Commission shall require that overhead utility lines be buried beginning at the property line.
10. Interrelated Pedestrian and Motorized Access. All developments shall have an interrelated pedestrian and motorized vehicle network with pedestrian linkages to the existing perimeter safety paths.
11. Pedestrian Circulation.
a. Internal pedestrian walkways, no less than six (6) feet in width, shall be provided connecting the public sidewalk to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than fifty percent (50%) of the length of the walkway.
b. Sidewalks, no less than eight (8) feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least ten (10) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
c. All internal pedestrian walkways which cross or are incorporated with vehicular driving surfaces shall be distinguished from such driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Surface materials used for internal pedestrian walkway shall be designed to accommodate shopping carts.
12. Central Features and Community Space. Each establishment within the Overlay District shall contribute to the establishment or enhancement of community and public spaces by providing at least two (2) of the following: extensive landscaping, pedestrian amenities, water feature, or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Township, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.
In lieu of establishment of public space amenities, the Township Planning Commission and/or Township Board may accept a sum of money equivalent to the actual cost of construction for the public space amenities. Money in lieu of constructions shall only be allowed for sites where there are practical difficulties, spatial limitations or other factors which prevent on-site construction of public amenities. The amount shall be placed in escrow or other named accounts as established by the Township Board for ongoing or future construction of public space amenities within the Brown Road Overlay District.
13. Delivery/Loading Operations. Loading docks, trash collection, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials that are different from or inferior to the principal materials of the building and landscape is prohibited. Delivery/loading operations shall be setback a minimum of fifty (50) feet from adjacent residentially Zoned property.
H. Appearance Standards.
The following standards are intended to apply design principles to buildings in the Overlay District. These standards are established to emphasize the importance of the design of the building and other objects observed by the public. These standards are to be applied to new construction as well as additions or modifications to existing buildings which exceed fifty percent (50%) of the floor area or fifty percent (50%) of the exterior wall surface area of the existing building, whichever is less. Therefore, the applicant shall demonstrate in the submission of a site plan and supportive material that the following design standards are met:
1. Facades and Exterior Walls.
a. Facades greater than one hundred (100) feet in length, measured horizontally, shall incorporate projections or recesses extending at least twenty percent (20%) of the length of the facade. No uninterrupted length of any facade shall exceed one hundred (100) horizontal feet.
b. Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than fifty percent (50%) of their horizontal length.
c. Building facades must include a repeating pattern that includes no less than two (2) of the following elements:
i. Change;
ii. Texture change; and
iii. An expression of architectural or structural bays through a change in plane no less than twelve (12) inches in width, such as an offset, reveal or projecting rib.
d. In multi-building complexes, a comprehensive architectural concept shall be developed and maintained. Various site components should be unified through the use of similar design, material, and colors.
2. Roofs. Roofs shall have no less than two (2) of the following features:
a. Parapets concealing flat roofs and rooftop equipment such as HVAC units from public view are required. Parapets shall not exceed one-third (1/3) of the height of the supporting wall at any point. Such parapets shall feature cornice treatment;
b. Overhanging eaves, extending no less than three (3) feet past the supporting walls;
c. Sloping roofs with an average slope greater than or equal to one (1) foot of vertical rise for every three (3) feet of horizontal run and less than or equal to one (1) foot of vertical rise for every one (1) foot of horizontal run; and/or
d. Three (3) or more roof slope planes.
3. Materials and Colors.
a. Predominant exterior building materials shall be high quality material, including, but not limited to metal, brick, stone, and integrally tinted/textured concrete masonry units.
b. Facade colors shall be low reflectance. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
c. Building trims and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
d. The color and material of building additions shall be coordinated with those of the principal buildings.
e. Exterior building materials shall provide texture to at least fifty percent (50%) of the facade and shall not be completely made up of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
4. Entryways. Each principal building on a site shall have clearly defined, highly visible customer entrances which faces the street and featuring no less than three (3) of the following:
a. Canopies or porticos;
b. Overhangs;
c. Recesses/projection;
d. Arcades;
e. Raised corniced parapets over the door;
f. Peaked roof forms;
g. Arches;
h. Outdoor patios;
i. Display windows;
j. Architectural details such as tile work and moldings that are integrated into the building structure and design;
k. Integral planters or wing walls that incorporate landscaped areas and/or places for sitting; and/or
l. Pavement / material changes at drive crossings to better define pedestrian cross walks.
5. Building Design.
a. Scale and Proportion. The height, width and general proportions of the building should be compatible with the other buildings in the District.
b. Windows and Doors. Building components, such as windows, doors, eaves, and parapets shall have good proportion and relationships to on another.
c. Mechanical Equipment. Mechanical equipment or other utility hardware or roof, ground, on buildings shall be screened from public view with material harmonious with the building, or they shall be so located as not to be visible from any public ways.
I. Area and Bulk Requirements (Applies to Principal and Accessory Uses).
In the Overlay District, development regulations are intended to regulate location, placement, and bulk of the proposed uses. These standards will encourage site development to occur in a manner that clusters uses to maximize open space benefit through preservation of contiguous open space. It is also the intent of these standards to minimize aesthetic impacts to peripheral properties through generous setbacks, landscaping and buffering.
BROWN ROAD
OVERLAY DISTRICT
USES AND BUILDINGS
MINIMUM LOT AREA 1 acre
Maximum Lot Area –
Minimum Lot Width 200 feet on Peripheral roads *
100 feet on Interior public
or private roads
Required Setbacks
Building Setback from Brown Road * 75 feet
Building Setback from Interior Roads 50 feet
Side Yard Setback 50 feet
Rear Yard Setback 75 feet

Maximum Height 45 feet **
Maximum Lot Coverage 25%
Maximum Impervious Surface 70%
* Includes lots having frontage on Brown Road.
** Structures on lots abutting Brown Road, or within areas within 700 feet of the existing or future road right-of-way of Brown Road, may be up to sixty (60) feet tall.
J. Modification of Area and Bulk Requirements.
The Planning Commission shall have the authority to waive or modify the above listed Area and Bulk Requirements (Section 26.02 (I)) upon consideration of the following:
1. The standards of this section would prevent reasonable use of the site.
2. Existing site design including architecture, parking, driveways, etc. are placed in a manner which makes application of standards impractical.
3. Limited lot area and the arrangement of existing features provide inadequate space to accommodate design requirements.
4. Other design constrains and considerations as defined by the Planning Commission.
SECTION 2. All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3. Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4. 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 5. This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, L

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78, ZONING ORDINANCE
ARTICLES II, V, VI, XXVII, XXIX AND XXX
MICHIGAN ZONING ENABLING ACT
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, August 6, 2007, 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 II, V, VI, XXVII, XXIX and XXX, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01, 5.01, 5.02, 5.03, 5.11, 5.12, 5.13, 5.21, 5.22, 5.23, 6.01, 6.02, 6.03, 27.11, 27.15, 29.02, 29.03, 30.01, 30.02, 30.03, 30.04, 30.05, 30.06, 30.07, 30.08, 30.09, 30.10, 30.11, 30.12, 30.13, and 30.14 to comply with Public Act 110 of the Public Acts of 2006, the Michigan Zoning Enabling Act; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Article I ? Preamble, Title and Short Title
* * *
ORDINANCE TITLE
An Ordinance enacted under Act 184, Public Acts of 1943 Act 110, Public Acts of 2006, as amended, governing the unincorporated portions of the Charter Township of Orion, Oakland County, Michigan, to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence, and for public and semi-public or other specified uses; and to regulate and to determine the size of yards, courts, and open spaces; to regulate and limit the density of population; to designate the use of certain state-licensed residential facilities, and for said purposes, to divide the Township into districts and establish the boundaries thereof; to provide for changes in the regulations, restrictions, and boundaries of such districts; to define certain terms used herein; to provide for the condemnation and/or purchase of nonconforming properties; to provide for enforcement; to establish a Zoning Board of Appeals; and to impose penalties for the violation of this Ordinance.
Article II ? Construction of Language and Definitions
Section 2.01 ? Definitions
Adult Day-Care Facility.
A. Adult Family Day-Care Home. A private home in which six (6) or less adults eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
B. Adult Group Day-Care Home. A private home in which more than six (6) but not more than twelve (12) adults eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
C. Adult Day-Care Center. A facility, other than a private residence, receiving one or more persons, eighteen (18) years of age or older, for care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled or physically handicapped that require supervision on an ongoing basis. An adult day-care center does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day-care center.
Adult Foster Care Facility: A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701, et. seq.; MSA 16.610 (61), et. seq., as amended. The following additional definitions shall apply in the application of this Ordinance: A residential structure that is licensed to provide room, board and supervised care, but not continuous nursing care, for unrelated adults over the age of 17, in accordance with Act 218 of 1979, as amended, or Act 287 of 1972, as amended, and the Adult Foster Care Administrative Rules as administered by the Michigan Department of Social Services. The following four (4) types of Adult Foster Care Homes are provided for in the Adult Foster Care Administrative Rules:
A. Adult Foster Care Family Home. A private residence with the approved capacity to receive six (6) or fewer adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence. Residence for six (6) or fewer adults. Licensee must live in the home, and local zoning approval is not required prior to issuance of a license.
B. Adult Foster Care Small Group Home. An owner-occupied facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks. Residence for twelve (12) or fewer adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of a license only if seven (7) or more residents will live in the home.
C. Adult Foster Care Large Group Home. A facility with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks. Residence for thirteen (13) to twenty (20) adults. Licensee is not required to live in the home. Local zoning approval is required prior to issuance of license.
D. Adult Foster Care Congregate Facility. An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care. Residence for more than twenty (20) adults of which not more than six (6) can be of age 65 or older with the condition that each living unit does not exceed twenty (20) individuals.
Assisted Dependent Living Housing Facility: A multiple-family housing form which offers as needed assistance with such daily activities as eating, bathing, dressing, laundry, housekeeping and medications, and sometimes includes centers for medical care. with central dining facilities provided as a basic daily service to each dwelling unit. Each dwelling unit may or may not contain cooking and laundry facilities.
Child Day-Care Facilities.
A. Child Family Day-Care Home. A private home in which one (1) to six (6) minor children are received for care and supervision for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
B. Child Group Day-Care Home: A private residence in which between seven (7) but not more than twelve (12) minor children are received for care and supervision for periods less than twenty-four (24) hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks in a calendar year.
C. Child Day-Care Center. A facility, other than a private residence, receiving more than one (1) or more children for care and supervision for periods less than twenty-four (24) hours, and where the parents or guardians are not immediately available to the child. A child care center or day care center which is a facility other than a private residence, which receives one (1) or more preschool or school age children for care for periods of less than 24 hours a day, and at which the parents or guardians are not immediately available to the children. It includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, child kindergarten, play group, or drop-in center.
Child Foster Family Facilities.
A. Child Foster Family Home. A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code, Chapter X of Act No. 288 of the Public Acts of 1939, being sections 710.21 to 710.70 of the Michigan Compiled Laws, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian. A private residence that houses four (4) or fewer foster children, up to age 19, under constant care and supervision. Under Act 116 of 1973, a Foster Family Home does not require local zoning approval before being licensed by the Department of Social Services.
B. Child Foster Family Group Home. A private home in which more than four (4) but fewer than seven (7) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to Chapter X of Act No. 288 of Public Acts of 1939, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian. A private residence that houses five (5) or six (6) foster children, up to age 19, under constant care and supervision. Under Act 116 of 1973, a Foster Family Group Home requires local zoning approval before being licensed by the Department of Social Services.
Convalescent or Nursing Home: A state licensed facility for the care of children, of the aged or infirm, or a place of rest for those suffering bodily disorders. Said home shall conform and qualify for license under State law even through State law has different size regulations. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.
Foster Care Home: See State Licensed Residential Facility.
Housing for the Elderly: A building or group of buildings containing dwellings intended for, and solely occupied by, elderly persons as defined by the Federal Fair Housing Amendments Act of 1988. Housing for the elderly may include independent and/or assisted living arrangements but shall not include convalescent or nursing facilities regulated by the State of Michigan.
Independent Living Facility: A multiple-family housing form which provides housing for those people who are able to live independently but do not wish to maintain a home. These facilities also cater to those of the same age and offer prepared meals and social activities/amenities. Assistance with activities of daily living is not provided by the facility.
Nursing Home (also, Convalescent or Rest Home): A home, whether operated for profit or not, for the care of the aged, infirmed, or those suffering from bodily disorders, wherein two or more persons are housed or lodged, and furnished with nursing care, and is authorized and licensed by the State, County and local authorities in accordance with Michigan Public Act 139 of 1956, as amended.
Senior Citizen Housing: A building or group of buildings other than a hospital, hotel or nursing home which provides dwelling units for persons primarily 60 years of age or older. Such housing shall conform to certain requirements as specified in this Ordinance in order to accommodate the special and different needs of the elderly.
State Licensed Residential Facility: A structure constructed for residential purposes that is licensed by the State under the Adult Foster Care Facility Act, and provides residential services for six (6) or fewer persons under 24-hour supervision or care. Any structure constructed for residential purposes that is licensed by the State of Michigan pursuant to Act No. 287 of the Public Acts of 1972, as amended, Act No. 116 of the Public Acts of 1973, as amended, or Act No. 218 of the Public Acts of 1979. The above named public acts provide for the following types of residential structures:
Article V ? Single Family Residential: SF, SE & SR
Section 5.01 – Principal Uses Permitted
The following uses shall be permitted subject to the standards and requirements set forth herein:
* * *
E. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
Section 5.02 – Accessory Uses Permitted
The following accessory uses shall be permitted subject to the standards and requirements set forth herein and in Section 27.02:
* * *
J. State licensed family day care homes, subject to the following conditions:
1. The licensee shall occupy the dwelling as a residence.
2. No sign accessory to the home shall be permitted.
3. The hours of operation shall be limited to between 5:30 a.m. and 11:30 p.m.
K. State licensed group day care homes, subject to the following conditions:
1. The conditions of Paragraph (J) above applicable to family day care homes.
2. Such day care homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another licensed group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
3. There shall be no more than two (2) identifiable off-street parking spaces in addition to the two (2) required for the residence.
4. Off-street parking areas shall be designed so that vehicles can exit the site without having to back onto the street.
5. Outdoor play space shall be enclosed by a minimum four (4) foot high fence. Any gates shall be provided with a control mechanism for locking.
Section 5.03 – Special Land Uses
The following uses shall be permitted as special land uses in the Suburban Farms District (SF), subject to the standards and requirements set forth herein and subject to the standards and approval requirements as provided for in Section 30.01:
* * *
G. Nursery schools, day nurseries and day care centers Day Care Centers, subject to the following conditions:
1. ? 5. [Unchanged.]
* * *
I. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces for shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
* * *
Section 5.11 – Principal Uses Permitted
The following uses shall be permitted subject to the standards and regulations set forth herein:
* * *
E. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
Section 5.12 – Accessory Uses Permitted
The following accessory uses shall be permitted subject to the standards and regulations set forth herein and in Section 27.02:
* * *
I. State licensed family day care homes, subject to the following conditions:
1. The licensee shall occupy the dwelling as a residence.
2. No sign accessory to the home shall be permitted.
3. The hours of operation shall be limited to between 5:30 a.m. and 11:30 p.m.
J. State licensed group day care homes, subject to the following conditions:
1. The conditions of Paragraph (I) above applicable to family day care homes.
2. Such day care homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another licensed group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
3. There shall be no more than two (2) identifiable off-street parking spaces in addition to the two (2) required for the residence.
4. Off-street parking areas shall be designed so that vehicles can exit the site without having to back onto the street.
5. Outdoor play space shall be enclosed by a minimum four (4) foot high fence. Any gates shall be provided with a control mechanism for locking.
Section 5.13 – Special Land Uses
The following uses shall be permitted as special land uses in the Suburban Estates District (SE) subject to the standards and requirements set forth herein and subject to the standards and approval requirements provided for in Section 30.01:
* * *
G. Nursery schools, day nurseries and day care centers Day Care Centers, subject to the following conditions:
1. ? 5. [Unchanged.]
* * *
I. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces for shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
* * *
Section 5.21 – Principal Uses Permitted
The following uses shall be permitted subject to the standards and regulations set forth herein:
* * *
F. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
Section 5.22 – Accessory Uses Permitted
The following accessory uses shall be permitted subject to the standards and regulations set forth herein and in Section 27.02:
* * *
I. State licensed family day care homes, subject to the following conditions:
1. The licensee shall occupy the dwelling as a residence.
2. No sign accessory to the home shall be permitted.
3. The hours of operation shall be limited to between 5:30 a.m. and 11:30 p.m.
J. State licensed group day care homes, subject to the following conditions:
1. The conditions of Paragraph (I) above applicable to family day care homes.
2. Such day care homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another licensed group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
3. There shall be no more than two (2) identifiable off-street parking spaces in addition to the two (2) required for the residence.
4. Off-street parking areas shall be designed so that vehicles can exit the site without having to back onto the street.
5. Outdoor play space shall be enclosed by a minimum four (4) foot high fence. Any gates shall be provided with a control mechanism for locking.
Section 5.23 – Special Land Uses
The following uses shall be permitted as special land uses in the Suburban Estates District (SE) subject to the standards and requirements set forth herein and subject to the standards and approval requirements provided for in Section 30.01:
* * *
G. Nursery schools, day nurseries and day care centers Day Care Centers, subject to the following conditions:
1. ? 5. [Unchanged.]
* * *
I. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State license licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
Article VI ? Single Family Residential: R-1, R-2 & R-3
Section 6.01 – Principal Uses Permitted
The following uses shall be permitted, subject to the standards and requirements set forth herein:
* * *
E. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
Section 6.02 – Accessory Uses Permitted
* * *
E. State licensed family day care homes subject to the following conditions:
1. The licensee shall occupy the dwelling as a residence.
2. No sign accessory to the home shall be permitted.
3. The hours of operation shall be limited to between 5:30 a.m. and 11:30 p.m.
F. State licensed group day care homes subject to the following conditions:
1. The conditions of Paragraph (J) above applicable to family day care homes.
2. Such day care homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another licensed group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
3. There shall be no more than two (2) identifiable off-street parking spaces in addition to the two (2) required for the residence.
4. Off-street parking areas shall be designed so that vehicles can exit the site without having to back onto the street.
5. Outdoor play space shall be enclosed by a minimum four (4) foot high fence. Any gates shall be provided with a control mechanism for locking.
Section 6.03 – Special Land Uses
The following uses shall be permitted as special land uses in the R-1, R-2, R-3 Single Family Residential Districts, subject to the standards and requirements set forth herein and subject to the standards and approval requirements set forth in Section 30.01:
* * *
L. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces for shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
Article XXVII ? General Provisions
Section 27.11 ? Lighting Regulations
A. ? D. [Unchanged.]
E. Non-Residential Lighting Standards.
1. ? 2. [Unchanged.]
3. Sign/Canopy Lighting.
a. ? d. [Unchanged.]
e. All internally lit translucent or fabric awnings shall be prohibited within any zoning district, unless the Planning Commission Building Official or his or her designee determines that the following conditions are met:
i. ? iii. [Unchanged.]
Section 27.15 ? Open Space Preservation
A. Intent and Purpose.
The intent of this Ordinance is to encourage the long-term preservation of open space and natural features and the provision of recreation and open space areas, in accordance with Act 177 of the Public Acts of 2001 Act 110 of the Public Acts of 2006.
* * *
Article XXIX ? Administrative Organization
Section 29.02 ? Township Planning Commission
A. Creation.
The Township Planning Commission, as established under the provisions of Michigan Public Act 168 of 1959, as amended, is the Planning Commission referred to in this Ordinance. The Township Planning Commission is hereby designated as the zoning board specified in Michigan Public Act 184 110 of 1943 2006, as amended, and shall perform the duties of said board as provided in the statute.
* * *
Section 29.03 ? Zoning Board of Appeals
A. Creation.
A Zoning Board of Appeals is hereby established, having powers and duties in accordance with Michigan Public Act 184 110 of 1943 2006, as amended. Hereinafter, the terms ‘Board? and ‘ZBA? shall mean the Zoning Board of Appeals.
B. ? E. [Unchanged.]
F. Required Vote.
A concurring vote of the majority of the members of the ZBA shall be necessary to reverse any order, requirement, decision, or determination of the Enforcement Officer or Planning Commission, or to decide in favor of the applicant on any matter upon which it is authorized by this Ordinance to render a decision.
Article XXX ? Administrative Procedures and Standards
Section 30.01 ? Special Land Use
A. [Unchanged.]
B. Procedures and Requirements. The following procedures and requirements shall be complied with in the review and approval of special land uses:
1. ? 5. [Unchanged.]
6. Planning Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with the following procedures:
a. The application shall be placed on the agenda of the next available Planning Commission meeting for acceptance for processing. If accepted for processing, on-site review shall be scheduled with the applicant, and the date for a public hearing, if requested, shall be set if required by the provisions contained herein.
A public hearing on a special land use application may be requested by the Planning Commission, the applicant, a real property owner whose real property is assessed within 300 feet of the property, or the occupant of a structure located within 300 feet of the property.
b. Upon receipt of an application and/or a request for a public hearing for a special land use which requires a decision on discretionary grounds, notification of a public hearing either shall be provided as follows:
1) The Planning Commission shall publish a notice of receipt of the special land use application, including the date such application will be considered by the Planning Commission, and the date of the public hearing for a special land use, if requested, in a newspaper which circulates in the Township, and shall send said notice by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the Township.
2) The notice shall be given not less than five (5) nor more than fifteen (15) days before either the date of the public hearing or the date the application will be considered for approval, or both.
3) If the name of the occupant is not known, the term ‘occupant? may be used in making notification. Notification need not be given to more than one (1) occupant of a structure, except that if a structure contains more than one (1) dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the owner or manager of the structure who shall be requested to post the notice at the primary entrance to the structure.
4) The notice shall:
a. Describe the nature of the special land use request.
b. Indicate the property which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used.
c. State when and where the request and/or public hearing on the special land use request will be held.
d. Indicate when and where written comments will be received concerning the application.
e. The notice of receipt of a special land use application shall indicate that a public hearing on the special land use application may be requested by any property owner or the occupant of any structure located within 300 feet of the property being considered for a special land use regardless of whether the property or occupant is located in the Township.
c. Following on-site review and public hearing, if required requested, the special land use petition shall be placed on the agenda of the next available Planning Commission meeting. The purpose of the meeting shall be to review the plan for the proposed special land use in relation to applicable standards and regulations, and to identify revisions necessary to bring the plan into compliance.
d. If the Planning Commission determines that revisions are necessary to bring the special land use plan into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the site plan shall be placed on the agenda of the next available meeting of the Planning Commission for further study. If, following review of the special land use application and plan at a study meeting, the Planning Commission determines that the application and plan are substantially in compliance with applicable standards and regulations, the special land use petition shall be placed on the agenda of the next available regular meeting of the Planning Commission, at which time the Planning Commission may take formal action on the re

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-198 AMENDMENT TO ORD. 78, ZONING ORDINANCE ARTICLES I, II, V, VI, XXVII, XXIX AND XXX MICHIGAN ZONING ENABLING ACT
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, August 6, 2007, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles I, II, V, VI, XXVII, XXIX and XXX, for the Charter Township of Orion, Michigan; changing the text in the Ordinance Title, and Sections 2.01, 5.01, 5.02, 5.03, 5.11, 5.12, 5.13, 5.21, 5.22, 5.23, 6.01, 6.02, 6.03, 27.11, 27.15, 29.02, 29.03, 30.01, 30.02, 30.03, 30.04, 30.05, 30.06, 30.07, 30.08, 30.09, 30.10, 30.11, 30.12, 30.13, and 30.14 to comply with Public Act 110 of the Public Acts of 2006, the Michigan Zoning Enabling Act; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
Article I ? Preamble, Title and Short Title
* * *
ORDINANCE TITLE
An Ordinance enacted under Act 110, Public Acts of 2006, as amended, governing the unincorporated portions of the Charter Township of Orion, Oakland County, Michigan, to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence, and for public and semi public or other specified uses; and to regulate and to determine the size of yards, courts, and open spaces; to regulate and limit the density of population; to designate the use of certain state-licensed residential facilities, and for said purposes, to divide the Township into districts and establish the boundaries thereof; to provide for changes in the regulations, restrictions, and boundaries of such districts; to define certain terms used herein; to provide for the condemnation and/or purchase of nonconforming properties; to provide for enforcement; to establish a Zoning Board of Appeals; and to impose penalties for the violation of this Ordinance.
Article II ? Construction of Language and Definitions
Section 2.01 ? Definitions
Adult Day-Care Facility:
A. Adult Family Day-Care Home. A private home in which six (6) or less adults eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
B. Adult Group Day-Care Home. A private home in which more than six (6) but not more than twelve (12) adults eighteen (18) years of age or older, receive care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled, or physically handicapped that require supervision on an ongoing basis. An adult day care home does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day care center.
C. Adult Day-Care Center. A facility, other than a private residence, receiving one or more persons, eighteen (18) years of age or older, for care for periods of less than twenty-four (24) hours a day. It includes facilities for adults who are aged, mentally ill, developmentally disabled or physically handicapped that require supervision on an ongoing basis. An adult day-care center does not include alcohol or substance abuse rehabilitation centers, residential centers for persons released from or assigned to a correctional facility, or any other facilities which do not meet the definition of adult day-care center.
Adult Foster Care Facility: A state-licensed establishment that provides foster care to adults. It includes facilities and foster care homes for adults who are aged, mentally ill, developmentally disabled, or physically handicapped who require supervision on an ongoing basis but who do not require continuous nursing care. An adult foster care facility does not include convalescent or nursing homes, homes for the aged, hospitals, alcohol or substance abuse rehabilitation center, residential centers for persons released from or assigned to a correctional facility, or any other facilities which have been exempted from the definition of adult foster care facility by the Adult Foster Care Facility Licensing Act, MCL 400.701, et. seq.; MSA 16.610 (61), et. seq., as amended. The following additional definitions shall apply in the application of this Ordinance:
A. Adult Foster Care Family Home. A private residence with the approved capacity to receive six (6) or fewer adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week and for two (2) or more consecutive weeks. The adult foster care family home licensee must be a member of the household and an occupant of the residence.
B. Adult Foster Care Small Group Home. An owner-occupied facility with the approved capacity to receive twelve (12) or fewer adults who are provided supervision, personal care, and protection in addition to room and board, for twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks.
C. Adult Foster Care Large Group Home. A facility with approved capacity to receive at least thirteen (13) but not more than twenty (20) adults to be provided supervision, personal care, and protection in addition to room and board, twenty-four (24) hours a day, five (5) or more days a week, and for two (2) or more consecutive weeks.
D. Adult Foster Care Congregate Facility. An adult foster care facility with the approved capacity to receive more than twenty (20) adults to be provided with foster care.
Assisted Living Facility: A multiple-family housing form which offers as needed assistance with such daily activities as eating, bathing, dressing, laundry, housekeeping and medications, and sometimes includes centers for medical care. Each dwelling unit may or may not contain cooking and laundry facilities.
Child Day-Care Facilities:
A. Child Family Day-Care Home. A private home in which one (1) to six (6) minor children are received for care and supervision for periods of less than twenty-four (24) hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage or adoption. Family day care home includes a home that gives care to an unrelated minor child for more than four (4) weeks during a calendar year.
B. Child Group Day-Care Home. A private residence in which between seven (7) but not more than twelve (12) minor children are received for care and supervision for periods less than twenty-four (24) hours a day unattended by a parent or legal guardian, excepting children related to an adult member of the family by blood, marriage or adoption. It includes a home that gives care to an unrelated child for more than four (4) weeks in a calendar year.
C. Child Day-Care Center. A facility, other than a private residence, receiving more than one (1) or more children for care and supervision for periods less than twenty-four (24) hours, and where the parents or guardians are not immediately available to the child. It includes a facility that provides care for not less than two (2) consecutive weeks, regardless of the number of hours of care per day. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, child kindergarten, play group, or drop-in center.
Child Foster Family Facilities:
A. Child Foster Family Home. A private home in which one (1) but not more than four (4) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to the adoption code, Chapter X of Act No. 288 of the Public Acts of 1939, being sections 710.21 to 710.70 of the Michigan Compiled Laws, are given care and supervision for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian.
B. Child Foster Family Group Home. A private home in which more than four (4) but fewer than seven (7) minor children, who are not related to an adult member of the household by blood, marriage, or who are not placed in the household pursuant to Chapter X of Act No. 288 of Public Acts of 1939, are provided care for twenty-four (24) hours a day, for four (4) or more days a week, for two (2) or more consecutive weeks, unattended by a parent or legal guardian..
Convalescent or Nursing Home: A state licensed facility for the care of children, of the aged or infirm, or a place of rest for those suffering bodily disorders. Said home shall conform and qualify for license under State law even through State law has different size regulations.
Housing for the Elderly: A building or group of buildings containing dwellings intended for, and solely occupied by, elderly persons as defined by the Federal Fair Housing Amendments Act of 1988. Housing for the elderly may include independent and/or assisted living arrangements but shall not include convalescent or nursing facilities regulated by the State of Michigan.
Independent Living Facility: A multiple-family housing form which provides housing for those people who are able to live independently but do not wish to maintain a home. These facilities also cater to those of the same age and offer prepared meals and social activities/amenities. Assistance with activities of daily living is not provided by the facility.
State Licensed Residential Facility: A structure constructed for residential purposes that is licensed by the State under the Adult Foster Care Facility Act, and provides residential services for six (6) or fewer persons under 24-hour supervision or care.
Article V ? Single Family Residential: SF, SE & SR
Section 5.01 Principal Uses Permitted
The following uses shall be permitted subject to the standards and requirements set forth herein:
* * *
E. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
* * *
Section 5.03 Special Land Uses
The following uses shall be permitted as special land uses in the Suburban Farms District (SF), subject to the standards and requirements set forth herein and subject to the standards and approval requirements as provided for in Section 30.01:
* * *
G. Day Care Centers, subject to the following conditions:
* * *
I. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces for shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
* * *
Section 5.11 Principal Uses Permitted
The following uses shall be permitted subject to the standards and regulations set forth herein:
* * *
E. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
* * *
Section 5.13 Special Land Uses
The following uses shall be permitted as special land uses in the Suburban Estates District (SE) subject to the standards and requirements set forth herein and subject to the standards and approval requirements provided for in Section 30.01:
* * *
G. Day Care Centers, subject to the following conditions:
* * *
I. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces for shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
* * *
Section 5.21 Principal Uses Permitted
The following uses shall be permitted subject to the standards and regulations set forth herein:
* * *
E. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
* * *
Section 5.23 Special Land Uses
The following uses shall be permitted as special land uses in the Suburban Estates District (SE) subject to the standards and requirements set forth herein and subject to the standards and approval requirements provided for in Section 30.01:
* * *
G. Day Care Centers, subject to the following conditions:
* * *
I. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State license licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
Article VI ? Single Family Residential: R-1, R-2 & R-3
Section 6.01 Principal Uses Permitted
The following uses shall be permitted, subject to the standards and requirements set forth herein:
* * *
E. Adult Family Day Care Homes, Adult Foster Care Family Homes, Child Family Day Care Homes and Child Foster Family Group Homes.
* * *
Section 6.03 Special Land Uses
The following uses shall be permitted as special land uses in the R 1, R 2, R 3 Single Family Residential Districts, subject to the standards and requirements set forth herein and subject to the standards and approval requirements set forth in Section 30.01:
* * *
L. Adult Group Day Care Homes, Adult Foster Care Small Group Homes, Adult Foster Care Large Group Homes, Child Group Day-Care Homes, subject to the following conditions:
1. Such homes shall not be located closer than one thousand five hundred (1,500) feet to any of the following facilities:
a. Another State licensed adult or child group day care home.
b. Another State licensed adult foster care small group home or large group home.
c. A facility offering substance abuse treatment and rehabilitation services to seven (7) or more people.
d. A community correction center, resident home, halfway house, or other similar facility.
2. No more than two (2) identifiable off-street parking spaces for shall be provided for employees, in addition to the two (2) required for the residence.
3. Compliance with all requirements set forth by the state for the issuance of a day care license, including, but not limited to, the enclosure of any play areas with a four (4) foot high fence.
Article XXVII ? General Provisions
Section 27.11 ? Lighting Regulations
* * *
E. Non-Residential Lighting Standards.
* * *
3. Sign/Canopy Lighting.
* * *
e. All internally lit translucent or fabric awnings shall be prohibited within any zoning district, unless the Building Official or his or her designee determines that the following conditions are met:
* * *
Section 27.15 ? Open Space Preservation
A. Intent and Purpose.
The intent of this Ordinance is to encourage the long-term preservation of open space and natural features and the provision of recreation and open space areas, in accordance with Act 110 of the Public Acts of 2006.
* * *
Article XXIX ? Administrative Organization
Section 29.02 ? Township Planning Commission
A. Creation.
The Township Planning Commission, as established under the provisions of Michigan Public Act 168 of 1959, as amended, is the Planning Commission referred to in this Ordinance. The Township Planning Commission is hereby designated as the zoning board specified in Michigan Public Act 110 of 2006, as amended, and shall perform the duties of said board as provided in the statute.
* * *
Section 29.03 ? Zoning Board of Appeals
A. Creation.
A Zoning Board of Appeals is hereby established, having powers and duties in accordance with Michigan Public Act 110 of 2006, as amended. Hereinafter, the terms ‘Board? and ‘ZBA? shall mean the Zoning Board of Appeals.
* * *
F. Required Vote.
A concurring vote of the majority of the members of the ZBA shall be necessary to reverse any order, requirement, decision, or determination of the Enforcement Officer or Planning Commission, or to decide in favor of the applicant on any matter upon which it is authorized by this Ordinance to render a decision.
Article XXX ? Administrative Procedures and Standards
Section 30.01 ? Special Land Use
* * *
B. Procedures and Requirements. The following procedures and requirements shall be complied with in the review and approval of special land uses:
* * *
6. Planning Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with the following procedures:
a. The application shall be placed on the agenda of the next available Planning Commission meeting for acceptance for processing. If accepted for processing, on-site review shall be scheduled with the applicant, and the date for a public hearing, if requested, shall be set if required by the provisions contained herein.
A public hearing on a special land use application may be requested by the Planning Commission, the applicant, a real property owner whose real property is assessed within three hundred (300) feet of the property, or the occupant of a structure located within three hundred (300) feet of the property.
b. Upon receipt of an application and/or a request for a public hearing for a special land use which requires a decision on discretionary grounds, notification of either shall be provided as follows:
1) The Planning Commission shall publish a notice of receipt of the special land use application, including the date such application will be considered by the Planning Commission, and the date of the public hearing for a special land use, if requested, in a newspaper which circulates in the Township, and shall send said notice by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the Township.
2) The notice shall be given not less than fifteen (15) days before either the date of the public hearing or the date the application will be considered for approval, or both.
3) If the name of the occupant is not known, the term ‘occupant? may be used in making notification.
4) The notice shall:
a. Describe the nature of the special land use request.
b. Indicate the property which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used.
c. State when and where the request and/or public hearing on the special land use request will be held.
d. Indicate when and where written comments will be received concerning the application.
e. The notice of receipt of a special land use application shall indicate that a public hearing on the special land use application may be requested by any property owner or the occupant of any structure located within three hundred (300) feet of the property being considered for a special land use regardless of whether the property or occupant is located in the Township.
c. Following on-site review and public hearing, if requested, the special land use petition shall be placed on the agenda of the next available Planning Commission meeting. The purpose of the meeting shall be to review the plan for the proposed special land use in relation to applicable standards and regulations, and to identify revisions necessary to bring the plan into compliance.
d. If the Planning Commission determines that revisions are necessary to bring the special land use plan into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the site plan shall be placed on the agenda of the next available meeting of the Planning Commission for further study. If, following review of the special land use application and plan at a study meeting, the Planning Commission determines that the application and plan are substantially in compliance with applicable standards and regulations, the special land use petition shall be placed on the agenda of the next available regular meeting of the Planning Commission, at which time the Planning Commission may take formal action on the request.
* * *
8. Planning Commission Determination. The Planning Commission shall make the final determination on the application for special land use approval. Such determination shall be based on the requirements and standards of this Ordinance. In making the final determination, the Planning Commission shall consider the reports and recommendations from the Enforcement Officer, Water and Sewer Department, Township Planner, Township Engineer, Township Fire Chief, the Road Commission for Oakland County, the Oakland County Health Department, the Oakland County Drain Commission, the Appropriate Utility Companies, and the Michigan Department of Transportation, where applicable. The Planning Commission is authorized to approve, approve with conditions, or deny a request for a special land use, as follows:
a. Approval. Upon determination of the Planning Commission that a special approval request is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.
b. Approval with Conditions. The Planning Commission may impose reasonable conditions with the approval of a special land use. The conditions may include provisions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
1) Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
2) Be related to the valid exercise of the police power, and purpose which are affected by the proposed use or activity.
3) Be necessary to meet the intent and purpose of the Zoning Ordinance, be related to the standards established in the Ordinance for the land use or activity under consideration, and be necessary to ensure compliance with those standards.
The conditions imposed shall be recorded in the record of approved action, and shall remain unchanged except upon mutual consent of the Planning Commission and the landowner.
c. Denial. Upon determination of the Planning Commission that a special land use request does not comply with standards and regulations set forth in this Ordinance, or otherwise will be injurious to the public health, safety, welfare and orderly development of the Township, a special land use request shall be denied. In this case, ‘Denied? shall be written on the special land use plan and the reasons for denial shall be indicated, and one copy shall be provided to the applicant.
d. The decision of the Planning Commission on a special land use application shall be incorporated into a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed.
Section 30.02 ? Site Plan Review Procedures and Standards
* * *
C. Procedures and Requirements. The site plan must be submitted in compliance with the following procedures and requirements:
* * *
9. Planning Commission Determination. The Planning Commission shall review the application for site plan review, together with the reports and recommendations from the Enforcement Officer, Water and Sewer Department, Township Planner, Township Engineer, Township Fire Chief, the Road Commission for Oakland County, the Oakland County Health Department, the Oakland County Drain Commission, the Appropriate Utility Companies, and the Michigan Department of Transportation, where applicable. The Planning Commission shall then make a final determination based solely on the requirements and standards of this Ordinance. The Planning Commission is authorized to grant approval, or disapproval as follows:
a. Approval. Upon determination of the Planning Commission that a site plan is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted. Approval shall be indicated on the site plan, and one copy shall be provided to the applicant.
b. Denial of Approval. Upon determination of the Planning Commission that a site plan does not comply with standards and regulations set forth in this Ordinance (e.g. requires a variance from the Zoning Board of Appeals), or requires extensive revision in order to comply with said standards and regulations, site plan approval shall be denied. In this case, ‘Denied? shall be written on the site plan and the reasons for denial shall be indicated, and one copy shall be provided to the applicant.
D. Administrative Review for Site Plans Involving Minor Modifications. Administrative review, in accordance with the procedures outlined below, shall be required instead of Planning Commission review for site plans that involve minor modifications, as defined herein.
* * *
5. Planning Commission Determination. Following receipt of the recommendations from the Enforcement Officer, the Planning Commission shall consider and act upon the site plan at their next available meeting. The Planning Commission shall then make a final determination based solely on the requirements and standards in this Ordinance. The Planning Commission is authorized to grant approval or disapproval, in accordance with the standards set forth in Section 30.02 (C)(9).
Section 30.03 ? Variances
A. Purpose. Where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would involve practical difficulties within the meaning of this Ordinance, the Board of Appeals shall have power upon appeal in specific cases to authorize such non-use variation or modification of the provisions of this Ordinance with such conditions and safeguards as it may determine, as may be in harmony with the spirit of this Ordinance, and so that public safety and welfare be secured and substantial justice done.
* * *
C. Standards for Variances. All non-use variances or modifications to the provisions of this Ordinance shall be granted only in accordance with the standards established in Michigan Public Act 110 of 2006, as amended, and based on the findings for each specific case that all of the following standards are met:
1. A finding of practical difficulty shall be made by the Board of Appeals in order to approve a non-use variance request.
2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties or class of uses in the same district or zone.
3. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same zone and vicinity.
4. That the granting of such variance or modification will not be materially detrimental to the public welfare or materially injurious to the property or improvements in such zone or district in which the property is located.
* * *
Section 30.04 ? Appeals
* * *
C. Appeal Procedures.
* * *
2. The ZBA shall fix a reasonable time for the hearing of appeals. Notice of the hearing shall be published in a paper of general circulation in the Township. Notice shall also be sent to the applicant and owner of the property for which approval is being considered. Notice shall further be sent to all persons to whom real property is assessed within three hundred (300) feet of the property and to all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located within the Township. Notice shall be given not less than fifteen (15) days before the appeal will be considered. The notice shall:
a. Describe the nature of the appeal.
b. Indicate the property which is the subject of the appeal. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used.
c. State when and where the request will be considered.
d. State when and where written comments will be received concerning the appeal.
e. Any petitioner shall appear in person or be represented by a duly authorized agent or attorney.
D. Decision of the Zoning Board of Appeals. The ZBA shall thereafter reach its decision within sixty (60) days from the hearing of the appeal. The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the Enforcement Officer, Planning Commission, or other administrative officer or body, and may issue or direct the issuance of a permit. To that end, the ZBA shall have all the power of the officer or body from whom the appeal was taken. The decision of the ZBA shall be final; however, a person aggrieved by the decision of the Zoning Board of Appeals may appeal to the circuit court.
Section 30.05 – Interpretations
A. Upon receipt of a written request seeking an interpretation of the Zoning Ordinance, a notice stating the time, date and place of the public hearing shall be published in a newspaper of general circulation in the Township, and shall be sent to the person requesting the interpretation not less than fifteen (15) days before the public hearing. If the request for an interpretation involves a specific parcel of land in the Township,

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLE XXVII
LANDSCAPING, FENCES & WALLS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, September 17, 2007, 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, Article XVII, for the Charter Township of Orion, Michigan; changing the text in Section 27.05; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
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 has been posted in accordance with the provisions set forth in Section 30.11.
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.
3. Landscaping Design Standards. Except as otherwise specified in the general requirements for each zoning district, all landscaping shall conform to the following standards:
a. General Landscaping. All developed portions of the site shall conform to the following general landscaping standards, except where specific landscape elements, such as a greenbelt, berms, or screening are required:
i. All portions of the landscaped area shall be planted with grass, ground cover, shrubbery, or other suitable plant material, except that paved patios, terraces, sidewalks, and similar site features may be incorporated, with Planning Commission approval.
ii. A mixture of evergreen and deciduous trees shall be planted at the rate of one (1) tree for each three thousand (3,000) square feet, or portion thereof, of landscaped open-space area.
iii. Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.
iv. All landscaped areas shall have an underground irrigation system or shall be provided with a readily available and acceptable water supply with at least one (1) hose bib within one hundred (100) feet of all planted material to be maintained. In consideration of the overall design and impact of the landscape plan, the Planning Commission may reduce or waive the requirements outlined herein for General Landscaping, or for landscaping in greenbelt areas, on berms, or as part of a screen, provided that any such adjustment is in keeping with the intent of the Ordinance, and more specifically, with the intent of Section 27.05.
v. The total landscaped area shall be the basis for determining the required number of trees or shrubs, irrespective of the portion which is devoted to patios, terraces, sidewalks, or other site features.
vi. In consideration of the overall design and impact of the landscape plan, the Planning Commission may reduce or waive the requirements outlined herein for General Landscaping, or for landscaping in greenbelt areas, on berms, or as part of a screen, provided that any such adjustment is in keeping with the intent of the Ordinance, and more specifically, with the intent of Section 27.05.
b. Greenbelt Buffer. Where required, landscaped greenbelt and greenbelt buffers shall conform to the following standards:
i. A required greenbelt or greenbelt buffer may be interrupted only to provide for roads or driveways for vehicular access.
ii. Grass, ground cover, or other suitable live plant material shall be planted over the entire greenbelt area, except that paving may be used in areas of intensive pedestrian circulation.
iii. A minimum of one (1) deciduous tree or evergreen tree shall be planted for each thirty (30) lineal feet, or portion thereof, of required greenbelt length. Required trees may be planted at uniform intervals, at random, or in groupings.
iv. For the purpose of determining required plant material, required greenbelt area length shall be measured along the exterior periphery of the greenbelt area.
c. Berms. Where required, earth berms or landscaped berms shall conform to the following standards:
i. The berm shall be at least three (3) feet above the grade elevation, and shall be constructed with slopes no steeper than one (1) foot vertical for each four (4) feet horizontal, with at least a two (2) foot flat area on the top. For the purposes of this provision, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm.
ii. The berm area shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape.
iii. A minimum of one (1) deciduous or evergreen tree shall be planted for each thirty (30) lineal feet or portion thereof of required berm.
iv. Eight (8) shrubs per tree may be planted as substitute for trees required in Item ‘iii? above.
v. Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.
vi. For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.
d. Parking Lot Landscaping. Off-street parking areas shall be landscaped as follows:
i. In off-street parking areas containing greater than twenty (20) spaces, at least five percent (5%) of the total parking area shall be used for interior landscaping. Whenever possible, parking lot landscaping shall be arranged to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.
ii. Parking lot landscaping shall be no less than five (5) feet in any single dimension and no less than one hundred fifty (150) square feet in any single area and shall be protected from parking areas with curbing, or other permanent means to prevent vehicular encroachment onto the landscaped areas.
iii. The landscape plan shall designate the sizes, quantities, and types of plant material to be used in parking lot landscaping.
iv. Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.
v. A minimum of one (1) deciduous tree shall be planted in each landscaped area.
vi. The Planning Commission may, at their discretion, waive or modify the requirement for interior landscaping in cases where the parking lot consists of only one (1) aisle and the area surrounding the parking lot is heavily landscaped or where existing off-street parking drives and/or structures are located on the parcel.
e. Evergreen Screening. Where required, evergreen screening shall consist of closely spaced plantings which form a complete visual barrier that is at least six (6) feet above ground level within five (5) years of planting.
f. Landscaping of Right-of-Way and Other Adjacent Public Open Space Areas. Public rights-of-way and other public open-space areas adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required landscaped areas and greenbelts.
4. Parking Lot Landscaping Adjacent to Roads Excluding Single Family Residential Uses. A greenbelt separation area is required between the right-of-way property line and the nearest portion of any off-street parking area, for parcels fronting roads but excluding single family residential uses. Said area shall be a minimum of twenty (20) feet in width and minimally landscaped as follows and as illustrated the following figure:
a. One (1) tree for each thirty (30) lineal feet, or fraction thereof, of required greenbelt separation area (including driveways). Such trees shall be located between the abutting right-of-way and the off-street parking area or vehicular use area.
b. In addition, a hedge, wall, decorative metal fence, or berm, or other landscape elements with a vertical rise of at least thirty (30) inches shall be developed within said separation zone. The hedge, wall, fence, or berm shall have the effect of reducing the visual effect of parked cars. If the developer decides to construct a masonry wall or decorative fence, he/she shall in addition plant one (1) shrub or vine for each ten (10) lineal feet of masonry wall on the street side of the wall.
c. The remainder of the required landscape separation area shall be landscaped with grass, ground cover or other landscape treatment, excluding paving such as concrete or asphalt. This shall not be construed to prohibit decorative brick paving.

d. The Planning Commission may at their discretion wave or modify the requirements of this section subject to one or more of the following conditions: limited parcel depth, existing vegetation or other site factors which limit the practical application of landscaping standards.
e. Landscaping of Right-of-Way and Other Adjacent Public Open Space Areas. Public rights-of-way and other public open-space areas adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable ground cover and maintained by the owner of the adjacent property as if they were part of required landscaped areas and greenbelts.
f.g. Regulations Pertaining to Landscaping Areas Used for Sight Distance. When a driveway intersects a public right-of-way or when the subject property abuts the intersection of public rights-of-way or intersection of interior driveways, all landscaping within the corner triangular areas described below shall permit unobstructed cross-visibility. Shrubs located in the triangular area shall not be permitted to grow to a height of more than thirty (30) inches above the pavement grade at the edge of the pavement. Portions of required berms located within sight distance triangular areas shall not exceed a height of thirty (30) inches above the pavement grade at the edge of the pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight (8) feet above the roadway surface. Landscaping, except grass or ground cover, shall not be located closer than three (3) feet from the edge of a driveway.
The triangular areas referred to above are:
i. The area formed at the corner intersection of a public right-of-way and a driveway, two (2) sides of the triangle area being ten (10) feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two (2) sides.
ii. The area formed at a corner intersection of two (2) public rights-of-way lines, the two (2) sides of the triangular area being thirty (30) feet in length measured along the abutting public rights-of-way lines and the third side being a line connecting these two (2) sides.
4. Materials Standards and Specifications. Except as otherwise specified in the general requirements for each zoning district, all plant and non-plant material shall be installed in accordance with the following standards:
a. Maintenance-Free Non-Plant Material. All non-plant site features shall be durable and as maintenance-free as reasonably possible.
b. Plant Quality. Plant materials used in compliance with provisions of this Ordinance shall be nursery grown, free of pests and diseases, hardy in Oakland County, in conformance with the standards of the American Association of Nurserymen, and shall have passed any inspections required under State regulations.
c. Plastic Plant Material Prohibited. Plastic and other non-organic, non-living plant materials shall be prohibited from use and shall not be in compliance with the spirit and intent of this Ordinance.
d. Required Plant Material Specifications. The following specifications shall apply to all plant material required by this section:
i. Deciduous shade trees shall be a minimum of two (2) inches in caliper measured twelve (12) inches above grade with the first branch a minimum of four (4) feet above grade when planted.
ii. Deciduous ornamental trees shall be a minimum of one and one-half (1-1/2) inches in caliper measured six (6) inches above grade with a minimum height of four (4) feet above grade when planted.
iii. Evergreen trees shall be a minimum of five (5) feet in height when planted, except that juniper, yew and arborvitae species shall be a minimum of three (3) feet in height when planted. Furthermore, evergreen trees shall have a minimum spread of three (3) feet, and the size of the burlapped root ball shall be at least ten (10) times the caliper measured six (6) inches above grade.
iv. Shrubs shall be a minimum of two (2) feet in height when planted. Low growing shrubs shall have a minimum spread of fifteen (15) inches when planted.
v. Hedges shall be planted and maintained so as to form a continuous, unbroken, visual screen within two (2) years after planting.
vi. Vines shall be a minimum of thirty (30) inches in length after one (1) growing season, and may be used in conjunction with fences, screens, or walls to meet required physical buffer requirements.
vii. Ground covers used in lieu of turf grasses in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one (1) complete growing season.
viii. Grass areas shall be planted in species normally grown as permanent lawns in Oakland County. Grass may be plugged, sprigged, seeded or sodded, except that rolled sod, erosion-reducing net, or suitable mulch shall be used in swales or other areas subject to erosion. Grass, sod, and seed shall be clean and free of weeds, noxious pests, and diseases.
ix. Mulching material for planted trees, shrubs, and vines shall be a minimum of three (3) inches deep, and installed in a manner as to present a finished appearance. Also, straw or other mulch shall be used to protect newly seeded areas.
5. Screening for Conflicting Land Uses. Where non-residential uses abut residential uses or where multi-family uses abut single family uses, the Planning Commission may require a greenbelt buffer, berm or obscuring wall or combination of the aforementioned methods of screening. The methods of screening for conflicting lands uses are described as follows:
a. Greenbelt Buffer. Where required, landscaped greenbelt and greenbelt buffers shall conform to the following standards:
i. A required greenbelt or greenbelt buffer may be interrupted only to provide for roads or driveways for vehicular access.
ii. Grass, ground cover, or other suitable live plant material shall be planted over the entire greenbelt area, except that paving may be used in areas of intensive pedestrian circulation.
iii. A minimum of one (1) deciduous tree or evergreen tree shall be planted for each thirty (30) lineal feet, or portion thereof, of required greenbelt length. Required trees may be planted at uniform intervals, at random, or in groupings.
iv. For the purpose of determining required plant material, required greenbelt area length shall be measured along the exterior periphery of the greenbelt area.
b. Berms. Where required by the Planning Commission, earth berms or landscaped berms shall be in conjunction with landscape greenbelt, and conform to the following standards:
i. The berm shall be at least three (3) feet above the grade elevation, and shall be constructed with slopes no steeper than one (1) foot vertical for each four (4) feet horizontal, with at least a two (2) foot flat area on the top. For the purposes of this provision, grade elevation shall be the ground elevation at the property line adjacent to the proposed berm.
ii. The berm area shall be planted with grass or other suitable ground cover to ensure that it withstands wind and weather and retains its height and shape.
iii. A minimum of one (1) deciduous or evergreen tree shall be planted for each thirty (30) lineal feet or portion thereof of required berm.
iv. Eight (8) shrubs per tree may be planted as substitute for trees required in Item ‘iii? above.
v. Required trees and shrubs may be planted at uniform intervals, at random, or in groupings.
vi. For the purpose of determining required plant material, required berm length shall be measured along the exterior periphery of the berm.
vii. The berm and landscape buffer shall provide sufficient screening and opacity in order to appropriately obscure and buffer conflicting land uses.
c. Obscuring Walls.
Where permitted or required in this Ordinance, obscuring walls and/or berms in non-residential districts shall be subject to the provisions set forth in this section:
i. General Requirements. In order to protect residential uses from the possible noise, light, traffic, litter, visual disruption, and other impacts associated with more intensive, non-residential uses, an obscuring wall, fence, berm, or other protective barrier, as approved by the Planning Commission, shall be required between any non-residential use or off-street parking area and adjacent residentially zoned districts. Furthermore, such walls, fences, berms, or other protective barriers shall be required between any residentially zoned district and any utility buildings, stations, and substations, except where all utility equipment is contained within a building or designed so as to be similar in appearance to the surrounding residential buildings. Where a non-residential use is located directly, a berm shall be required along the front property line of the non-residential property.
ii. Location. Required obscuring walls, fences, and protective barriers (other than berms) shall be placed on the lot line, except where underground utilities interfere, in which case the required walls or fences shall be placed on the utility easement line nearest the lot line.
iii. Openings for Vehicular Access. Required obscuring walls, fences and berms shall be continuous, with no interruptions or openings except for permitted roads and driveways for vehicular access.
iv. Corner Clearance. No obscuring walls and berms shall be erected, established, or maintained on any corner lot so as to obscure the view of drivers in vehicles approaching the intersection. All specifications concerning corner clearance as set forth in Section 27.03 must be complied with.
v. Substitution. As a substitute for required obscuring walls or berms, the Planning Commission may, in its review of the site plan, approve the use of existing and/or other natural or man-made landscape features that would produce substantial results in terms of screening, durability, and permanence.
vi. Wall Specifications. Required obscuring walls shall be a minimum of six (6) feet in height, and shall be constructed of the same materials as, or of materials that are architecturally compatible with, the materials used on the facade of the principal structure on the lot. Masonry walls shall be erected on a concrete foundation which shall have a minimum depth of forty-two (42) inches and shall not be less than four (4) inches wider than the wall to be erected.
vii. Fence Specifications. Fences required for screening purposes shall be a minimum of six (6) feet in height, and shall be constructed of redwood, cedar, or No.?1 pressure-treated wood, vinyl or other materials approved by the Planning Commission or Building Official, with posts sunk into the ground at least three (3) feet. Chain link fences shall not be permitted for screening purposes.
viii. Barbed Wire Prohibited. Barbed wire, spikes, nails, or any other sharp-pointed intrusions shall be prohibited on top or on the sides of any fence, wall, or protective barrier, except that barbed wire cradles consisting of no more than three (3) strands of wire may be placed on top of fences enclosing public utility buildings.
ix. Entranceway Structures. Entranceway structures shall be permitted in accordance with the provisions set forth in Section 27.05 herein.
5. Installation and Maintenance. Installation and Maintenance. The following standards shall be observed where installation and maintenance of landscape materials is required:
a. 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 off-planting season, a temporary Certificate of Occupancy may be issued only after the owner provides a performance bond to ensure installation of required landscaping in the next planting season.
b. 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 rights-of-way adjacent to required landscape areas shall be the responsibility of the owner of the adjacent private property.
6. Interior Parking Lot Landscaping. Off-street parking areas shall be landscaped as follows:
a. Off-street parking areas containing greater than twenty (20) spaces shall be provided with at least twenty (20) square feet of interior landscaping per parking space. A minimum of one-third (1/3) of the trees required in Section 27.05.A.5 shall be placed on the interior of the parking area and the remaining may be placed surrounding the perimeter parking lot within ten (10) feet, as illustrated on the following figure. Whenever possible, parking lot landscaping shall be arranged to improve the safety of pedestrian and vehicular traffic, guide traffic movement, and improve the appearance of the parking area.
b. A minimum of one (1) tree shall be planted per two hundred (200) square feet or fraction thereof of interior parking lot landscaping. At least fifty percent (50%) of each interior landscaped area shall be covered by living plant material, such as sod, shrubs, ground cover, or trees. Interior parking lot shrubs and trees shall permit unobstructed visibility and maintain clear vision between a height of thirty (30) inches to eight (8) feet.
c. Interior parking lot landscaping islands shall be no less than ten (10) feet in any single dimension and no less than two hundred (200) square feet in any single area and shall be protected from parking areas with curbing, or other permanent means to prevent vehicular encroachment onto the landscaped areas.
d. The landscape plan shall designate the sizes, quantities, and types of plant material to be used in parking lot landscaping.
e. Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.
f. Interior parking lot landscaping and/or landscape islands shall be dispersed throughout the parking lot in order to break up large expanses of pavement.
g. The Planning Commission may, at their discretion, waive or modify the requirement for interior landscaping in cases where the parking lot consists of only one (1) aisle and the area surrounding the parking lot is heavily landscaped or where existing off-street parking drives and/or structures are located on the parcel.

6. Regulations Pertaining to Existing Plant Material. The following standards shall apply to existing plant material:
a. Consideration of Existing Plant Material. In instances where healthy plant material exists on a site prior to its development, the Planning Commission, pursuant to site plan approval, may adjust the application of the above standards to allow credit for such existing plant material, if such an adjustment is in keeping with and will preserve the intent of this Ordinance.
Existing hedges, berms, wall or other landscape elements may be used to satisfy the requirements of this section, provided that such existing landscaping is in conformance with all of the requirements of this section. Maintenance of the existing landscaping elements shall be the responsibility of the individual petitioning for approval, unless an agreement between the affected property owners relative to maintenance is presented. Any such agreement shall be approved by the Township Board and recorded at the Oakland County Register of Deeds.
b. Preservation of Existing Plant Material. Site plans shall show all existing trees that are located in the portions of the site that will be built upon or otherwise altered, and are four (4) inches or greater in caliper, measured twelve (12) inches above grade, except that trees listed as Prohibited Plant Materials in Section 27.05 (A) (7) herein need not be shown unless said trees measure twelve (12) inches or greater in caliper, measured twelve (12) inches above grade.
Individual trees in wooded areas, in clusters, or in hedgerows need not be identified, provided that the boundaries of the wooded area, cluster, or hedgerow are shown, the predominant species of trees are indicated, and that individual trees twelve (12) inches or more in caliper measured twelve (12) inches above grade are identified.
Trees shall be labeled ‘to be removed? or ‘to be saved? on the site plan. If existing plant material is labeled ‘to be saved? on the site plan, protective measures should be implemented such as the placing of fencing or stakes at the dripline around the perimeter of the plant material. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to be saved.
In the event that healthy plant materials which are intended to meet the requirements of the Ordinance are cut down, destroyed or damaged during construction, the owner shall replace them according to the following schedule:

Caliper Measured Twelve (12) Inches Above Grade
Damaged Replacement Replacement
Tree Tree Tree
Less than 6 inches 2?-3 inches 1 for 1
1 replacement tree
per each 6? in
more than 6 2-2? inches caliper
of fraction therof
of damaged tree
Replacement trees shall be the same species as the damaged or removed tree, unless otherwise approved by the Planning Commission.

7. Prohibited Plant Materials. The following plant materials (and/or their clones and cultivars) shall not be planted in this Township, because of susceptibility to storm damage, disease, and/or other undesirable characteristics:
Silver Maple Tree of Heaven Northern Catalpa
Poplar Ash Box Elder European Barberry
Eastern Red Cedar Willow American Elm
8. Variances from Landscaping Regulations. Variances from Landscaping Regulations. In cases where the existing structure on its site presents practical difficulties to meeting all of the standards, the Zoning Board of Appeals may approve variances from the standards based on procedures for variances set forth in Section 30.03. In determining whether a variance would be appropriate, the Zoning Board of Appeals shall use the following criteria:
a. Topographic features or special characteristics exist on the site which create conditions such that the strict application of the provisions of this section would result in a less effective screen than alternative landscape design and plantings; or
b. Parking, vehicular circulation, or land use are such that required landscaping would not enhance the site or result in the desired buffer or screen effect; or
c. The public benefit intended by the provisions in this section could be achieved with less than the required landscaping.
B. Materials Standards and Specifications. Except as otherwise specified in the general requirements for each zoning district, all plant and non-plant material shall be installed in accordance with the following standards:
1. Maintenance-Free Non-Plant Material. All non-plant site features shall be durable and as maintenance-free as reasonably possible.
2. Plant Quality. Plant materials used in compliance with provisions of this Ordinance shall be nursery grown, free of pests and diseases, hardy in Oakland County, in conformance with the standards of the American Association of Nurserymen, and shall have passed any inspections required under State regulations.
3. Plastic Plant Material Prohibited. Plastic and other non-organic, non-living plant materials shall be prohibited from use and shall not be in compliance with the spirit and intent of this Ordinance.
4. Required Plant Material Specifications. The following specifications shall apply to all plant material required by this section:
i. Deciduous shade trees shall be a minimum of two (2) inches in caliper measured twelve (12) inches above grade with the first branch a minimum of four (4) feet above grade when planted.
ii. Deciduous ornamental trees shall be a minimum of one and one-half (1-1/2) inches in caliper measured six (6) inches above grade with a minimum height of four (4) feet above grade when planted.
iii. Evergreen trees shall be a minimum of five (5) feet in height when planted, except that juniper, yew and arborvitae species shall be a minimum of three (3) feet in height when planted. Furthermore, evergreen trees shall have a minimum spread of three (3) feet, and the size of the burlapped root ball shall be at least ten (10) times the caliper measured six (6) inches above grade.
iv. Shrubs shall be a minimum of two (2) feet in height when planted. Low growing shrubs shall have a minimum spread of fifteen (15) inches when planted.
v. Hedges shall be planted and maintained so as to form a continuous, unbroken, visual screen within two (2) years after planting.
vi. Vines shall be a minimum of thirty (30) inches in length after one (1) growing season, and may be used in conjunction with fences, screens, or walls to meet required physical buffer requirements.
vii. Ground covers used in lieu of turf grasses in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one (1) complete growing season.
viii. Grass areas shall be planted in species normally grown as permanent lawns in Oakland County. Grass may be plugged, sprigged, seeded or sodded, except that rolled sod, erosion-reducing net, or suitable mulch shall be used in swales or other areas subject to erosion. Grass, sod, and seed shall be clean and free of weeds, noxious pests, and diseases.
ix. Mulching material for planted trees, shrubs, and vines shall be a minimum of three (3) inches deep, and installed in a manner as to present a finished appearance. Also, straw or other mulch shall be used to protect newly seeded areas.
B. Obscuring Walls. Where permitted or required in this Ordinance, obscuring walls and/or berms in non-residential districts shall be subject to the provisions set forth in this section:
1. General Requirements. In order to protect residential uses from the possible noise, light, traffic, litter, visual disruption, and other impacts associated with more intensive, non-residential uses, an obscuring wall, fence, berm, or other protective barrier, as approved by the Planning Commission, shall be required between any non-residential use or off-street parking area and adjacent residentially

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78, ZONING ORDINANCE
ARTICLE XXX SPECIAL LAND USE, SITE PLAN, AND PUD PROCEDURES
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, May 18, 2009, 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, Article XXX, for the Charter Township of Orion, Michigan; amending the text in Sections 30.01, 30.02 & 30.14; 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, Article XXX is amended by adding the herein after language in the Articles as follows:
Section 30.00 ? Purpose
The purpose of this Article is to describe the procedures and standards with regards to the following administrative functions:
Special Land Use
Site Plan Review
Variances
Appeals
Zoning Ordinance Amendments
Building Permits
Certificates of Occupancy
Fees
Violation and Penalties
Nonconformities
Performance Guarantee
Records
Planned Unit Development
Section 30.01 ? Special Land Use Procedures and Standards
A. Intent. These special land use procedures and standards are instituted to provide consistent and uniform guidelines for the Planning Commission to follow in arriving at any special land use decision over which it has jurisdiction. Special land uses are uses that may be permitted in a district, but only if certain specified conditions are met, and only after review and approval by the Planning Commission. The review procedures and conditions for approval are intended to provide protection for adjacent uses and ensure full compliance with the standards contained herein and other applicable local ordinances and State and Federal laws.
B. Procedures and Requirements. The following procedures and requirements shall be complied with in the review and approval of special land uses:
1. Applicant. The owner of an interest in land for which special land use approval is sought, or the designated agent of the owner, shall file the application for special land use approval with the Township. Clerk. The applicant shall also have the option of a pre-application meeting with staff and consultants or the option of a brief pre-application review with the Planning Commission prior to submittal of a formal application. The scheduling of a brief review by the Planning Commission shall be subject to the availability of time on the agenda or determined by the Chairperson of the Planning Commission.
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3. Application Forms and Documentation. The application for special land use approval shall be made on such forms as shall be prescribed by the Planning Commission. and provided by the Enforcement Officer. The application shall be accompanied by the necessary fees and documents as provided herein.
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5. Submission to Township Clerk. Nineteen (19) copies and one (1) original of the application materials for special land use approval shall be submitted to the Township Clerk at least four (4) weeks twelve (12) days prior to a scheduled Planning Commission meeting to provide for review by the Fire Department, Water and Sewer Department, Building Department, Planner, Engineer, and determine Planning Commission meeting availability. The applicant shall also deliver one (1) copy of the special land use request to each of the following agencies:
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b. The Oakland County Drain Commission Oakland County Water Resource Commissioner’s Office.
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Proof of submission of the special land use request to each agency shall be provided to the Township Clerk at the time of application.
6. Planning Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with the following procedures:
a. The application shall be placed on the agenda of for the next available Planning Commission meeting for acceptance for processing. If accepted for processing, Upon receipt of an application, the Planning Commission staff shall coordinate the need for, and if applicable schedule a site walk with the Site Walk Committee of the Planning Commission. On-site review shall be scheduled with the applicant, and the date for a public hearing, if requested, shall be set if required by the provisions contained herein.
A public hearing on a special land use application may be requested by the Planning Commission, the applicant, a real property owner whose real property is assessed within three hundred (300) feet of the property, or the occupant of a structure located within three hundred (300) feet of the property.
b. Upon receipt of an application, The Planning Commission staff shall coordinate and schedule and/or a request for a public hearing which shall be notified for a special land use which requires a decision on discretionary grounds, notification of either shall be provided as follows:
1) The Planning Commission shall publish a notice of receipt of the special land use application, including the date such application will be considered by the Planning Commission, and the date of the public hearing for a special land use, if requested, in a newspaper which circulates in the Township, and shall send said notice by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question, and to the occupants of all structures within three hundred (300) feet of the property regardless of whether the property or occupant is located in the Township.
2) The notice shall be given not less than fifteen (15) days before either the date of the public hearing or the date the application will be considered for approval, or both.
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c. Following the site walk (if applicable) on-site review, and public hearing, if requested, the special land use petition shall be considered by the placed on the agenda of the next available Planning Commission meeting. The Commission purpose of the meeting shall be to review the plan application materials for the proposed special land use in relation to applicable standards and regulations, and to identify revisions necessary to bring the plan into compliance.
d. If the Planning Commission determines that revisions are necessary to bring the special land use plan into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised plan. Following submission of a revised plan, the site plan application shall be placed on the agenda of the next available meeting of the Planning Commission for further study. If, following review of the special land use application and plan at a study meeting, the Planning Commission determines that the application and plan are substantially in compliance with applicable standards and regulations, the special land use petition shall be placed on the agenda of the next available regular meeting of the Planning Commission, at which time the Planning Commission may take formal action on the request.
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11. Completion of Site Design. Following approval of a special land use request and subsequent site plan review application (see Section 30.02), a building permit may be obtained, subject to review and approval of the engineering plans by the Township Engineer and review of construction plans by the Building Department. It shall be the responsibility of the applicant to obtain all other applicable Township, County, or State permits prior to issuance of a building permit. If site plan approval has not been sought within one (1) year of approval, the special land use approval becomes null and void and a new application for special land use review shall be required. The applicant may apply to the Planning Commission for a one-year extension of the approval. Only one such extension shall be granted. Additional one (1) year extensions may also be granted at the discretion of the Planning Commission.
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Section 30.02 ? Site Plan Review Procedures and Standards
A. Intent. These site plan review procedures and standards are instituted to provide an opportunity for consultation and cooperation between the applicant and the Planning Commission so as to achieve maximum utilization of land with minimum adverse effects on adjoining property. Furthermore, it is the intent of these procedures and standards to allow for review of site plans by the Planning Commission, to provide a consistent and uniform method of review, and to ensure full compliance with the standards contained herein and other applicable local ordinances and State and Federal laws.
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C. Procedures and Requirements. The site plan must be submitted in compliance with the following procedures and requirements:
1. Applicant. The owner of an interest in land for which site design approval is sought, or the designated agent of the owner, shall file the application for site plan review with the Township Clerk.
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3. Application Forms and Documentation. The application for site plan review shall be made on such forms as shall be prescribed by the Planning Commission. and approved by the Township Board and provided by the Enforcement Officer. The application shall be accompanied by the necessary fees and documents as provided herein.
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5. Pre-Application Conference or Planning Commission Review. In order to facilitate processing of a site plan in a timely manner, the applicant may is encouraged to request a pre-application site plan conference. The purpose of such a conference is to provide information and guidance to the applicant that will assist in preparation of the site plan. No formal action shall be taken on a site plan at a pre-application conference. There shall be no fee for a pre-application conference. An applicant shall also have the option of a brief review by the Planning Commission, subject to the availability of time on the agenda as determined by the Chairperson of the Planning Commission.
6. Submission to Township Clerk. The application materials for site plan review shall be submitted to the Township Clerk in accordance with the application data requirements set forth in Section 30.02 (E). Application materials must be submitted at least three (3) weeks twelve (12) days prior to the next available a scheduled meeting if Planning Commission meeting review is required. In addition, the following requirements shall be met complied with:
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a. Nineteen (19) Sixteen (16) copies of the site plan shall be submitted to the Clerk with the original copy of the application, to provide for review by the Fire Department, Water and Sewer Department, Building Department, Planner, Engineer, and Planning Commission.
b. The applicant shall deliver one copy of the application plus two (2) copies of the site plan to each of the following agencies:
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2) the Oakland County Drain Commission Oakland County Water Resource Commissioner’s Office.
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Proof of submission of the application and site plan to each agency shall be provided to the Township Clerk at the time of application.
7. Planning Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with the following procedures:
a. The application shall be placed on the agenda of the next available Planning Commission meeting for acceptance for processing, unless otherwise exempted under the provisions set forth in Section 30.02 (D). If accepted for processing, The Planning Commission staff shall also coordinate the need for, and if applicable schedule a site walk with An on-site review shall be scheduled with the applicant the Site Walk Committee of the Planning Commission.
b. Following on-site review, the site plan shall be placed on the agenda of the next available Planning Commission meeting. The purpose of the meeting shall be to review the plan A site plan shall be reviewed in relation to applicable standards and regulations, and to identify revisions necessary to bring the site plan into compliance.
c. If the Planning Commission determines that revisions are necessary to bring the site plan into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised site plan. Following submission of a revised plan, the site plan shall be placed on the agenda of the next available meeting of the Planning Commission for further study.
c. If, following review of the site plan at a regular meeting, the Planning Commission determines that the site plan is substantially in compliance with applicable standards and regulations, the site plan shall be placed on the agenda of the next available meeting of the Planning Commission, at which time the Planning Commission may take formal action on the plan.
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9. Planning Commission Determination. The Planning Commission shall review the application for site plan review, together with the reports and recommendations from the Enforcement Officer, Water and Sewer Department, Township Planner, Township Engineer, Township Fire Chief, the Road Commission for Oakland County, the Oakland County Health Department, the Oakland County Drain Commission Oakland County Water Resource Commissioner’s Office, appropriate utility companies, and the Michigan Department of Transportation, where applicable. The Planning Commission shall then make a final determination based solely on the requirements and standards of this Ordinance. The Planning Commission is authorized to grant approval, or disapproval as follows:
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10. Recording of Planning Commission Action. Each action taken with reference to a site plan review shall be duly recorded in the minutes of the Planning Commission. The grounds for the action taken upon each site plan shall also be recorded in the minutes. After all steps in the site plan review process have been completed, three (3) copies of the site plan shall be marked by the Planning Commission staff for the following distribution:
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11. Completion of Site Design. Upon final approval of the site plan by the Planning Commission, a building permit may be obtained, subject to review and approval of the engineering plans by the Building Department. It shall be the responsibility of the applicant to obtain all other applicable Township, County, or State permits prior to issuance of a building permit. If construction has not commenced within one (1) year of approval, the site plan approval becomes null and void and a new application for site plan review shall be required. Construction must be completed within two (2) years of approval, unless a longer time period is requested by the applicant at the time of site plan review. The applicant may apply to the Planning Commission for a one (1) year extension of the site plan approval. Only one (1) such extension shall be granted. Additional one (1) year extensions may also be granted at the discretion of the Planning Commission.
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D. Administrative Review for Site Plans Involving Minor Modifications. Administrative review, in accordance with the procedures outlined below, shall be required instead of Planning Commission review for site plans that involve minor modifications, as defined herein.
1. Minor Modifications. For the purpose of this section, minor modifications shall include proposed alterations to a building or site that do not substantially affect the character or intensity of the use, vehicular or pedestrian traffic circulation, drainage patterns, the demand for public services, or the vulnerability to hazards.
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The Enforcement Officer Building Official shall determine if the proposed modifications on a site plan are minor in accordance with these guidelines. If the modifications are not deemed minor by the Enforcement Officer Building Official, then review and approval by the Planning Commission shall be required. Planning Commission review shall be required for all site plans that involve a request for a variance, a special land use request, or a proposal that involves a discretionary decision.
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3, Submission to Review Agencies. The Enforcement Officer Building Official may request that review agencies or professionals, including the Fire Department, Water and Sewer Department, Building Department, Planner, and Engineer, confine their review to the proposed alterations only, rather than review of the entire building or site layout.
4. Enforcement Officer Review. The Enforcement Officer Building Official shall review each site plan that has been submitted for administrative review, together with any reports and recommendations submitted by review agencies or professionals. The Enforcement Officer Building Official shall then make a preliminary determination based solely on the requirements and standards in this Ordinance. The Enforcement Officer shall then submit any findings and reports, together with his recommendation, to the Planning Commission.
5. Planning Commission Determination. If required, following receipt of the recommendations from the Enforcement Officer Building Official, the Planning Commission shall consider and act upon the site plan at their next available meeting. The Planning Commission shall then make a final determination based solely on the requirements and standards in this Ordinance. The Planning Commission is authorized to grant approval, or disapproval, in accordance with the standards set forth in Section 30.02 (C) (9).
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Section 30.14 ? Planned Unit Development (PUD)
A. Intent. A Planned Unit Development (PUD) may be applied for in any zoning district. The granting of a PUD application shall require a rezoning by way of amendment to this Ordinance upon the recommendation of the Planning Commission and approval of the Township Board. The procedure for rezoning is that which is authorized by the Zoning Enabling Act (Public Act 110 of 2006, as amended), as contained in Section 503.
It is the intent of this section to authorize the use of Planned Unit Development (PUD) regulations as an alternative to traditional subdivisions or other developments and for the purpose of: encouraging the use of land in accordance with its character and adaptability; conserving natural resources, natural features and energy; encouraging innovation and greater flexibility in land use planning and design; providing enhanced housing, employment, shopping, traffic circulation, and recreational opportunities for the people of this Township; encouraging a less sprawling form of development; and ensuring compatibility of design and use between neighboring properties. The PUD is designed to give the Township and applicant more flexibility than would be allowed under the existing zoning, encouraging development of the property according to its unique characteristics.
The provisions of this section are not intended as a device for ignoring the Zoning Ordinance and specific standards set forth therein, or the planning upon which it has been based. To that end, provisions of this section are intended to result in land use development substantially consistent with the existing zoning and existing Charter Township of Orion Master Plan, with modifications and departures from generally applicable requirements made in accordance with standards provided in this section to ensure appropriate, fair, and consistent decision-making. Requirements stated in this section are development guidelines that the Planning Commission, Township Board and Township staff will use to determine the merits of a particular application. The Planning Commission may recommend variations from these guidelines when an applicant has demonstrated that doing so will result in a corresponding benefit to the community.
Approval of a PUD by the Township is optional and will be subject to a determination of compliance by the Planning Commission and Township Board. A PUD shall be reviewed for compliance to the standards contained within this Section of the Ordinance and will be factors used for possible approval or denial.
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C. Project Design Standards. A proposed Planned Unit Development (PUD) shall comply with the following design standards:
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4. Plan Submittal. Any application for a PUD shall be accompanied by three (3) plans: (1) a plan based on existing zoning at the time of application, (2) a density plan prepared in accordance with this section, and (3) a PUD plan. The density allowable within a PUD shall be determined through preparation of the density plan, which shall have the following requirements:
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e. Note that overall residential density shall be determined by use of the density plan using the underlying/existing zoning, corresponding lot sizes in the chart under Section 30.14 (C) (4) (c), above and/or the Township’s Master Plan. The applicant may propose other underlying zoning categories for the consideration of density in the chart above. An applicant shall not be allowed to seek a PUD with a density of greater than two (2) zoning categories higher than the existing/current zoning classification. For example, a density plan designed with an underlying/existing zoning district of SF, Suburban Farms, may request a zoning category shift up to the SR, Suburban Ranch, zoning classification.
The ultimate density shall be recommended by the Planning Commission and determined by the Township Board and shall be based upon the underlying zoning and density credit (if applicable, per Section 30.14 (E)) or a density as designated by the Township’s Master Plan.
f. An applicant shall not be eligible for a two (2) category shift in PUD density as described above, if the subject site was rezoned within three (3) years prior to the submittal of the PUD application.
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8. Regulatory Flexibility. To encourage flexibility and creativity consistent with the PUD concept, the Planning Commission may recommend, and the Township Board may grant, specific departures from the requirements of the Zoning Ordinance as a part of the approval process. for the following:
a. Yard, lot width, minimum lot size, density and bulk standards may be modified, provided that such modifications result in enhanced buffering from adjacent land uses or public rights-of-way, or preservation of natural features.
b. Parking, loading, landscaping, and similar requirements may also be modified providing the design of the project shall compensate so than any such departures result in no greater adverse impact than if the project had been developed without the departures.
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E. Optional Provisions for Exemplary Projects.
The Planning Commission and Township Board may allow an exemplary Planned Unit Development (PUD) to include one (1) or more of the following optional provisions. In order to qualify for an optional provision, the applicant shall demonstrate to the satisfaction of the Planning Commission and Township Board, that the proposed project exceeds the minimum standards for PUD eligibility under Section 30.14 (B).
In order to qualify for development under the optional provisions of this section, architectural standards shall be subject to review by the Planning Commission and Township Board. Buildings shall be harmonious with adjacent uses in terms of texture, materials, roof lines and mass, but there shall be a variation of front facade depth and roof lines to avoid monotony. Building elevations shall be required for all structures.
1. Density Credit. A variable density credit of up to fifteen percent (15%) may be allowed at the discretion of the Planning Commission and Township Board, based upon a demonstration by the applicant of design excellence in the PUD. Projects qualifying for a density credit shall include no less than two (2) of the following elements:
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2. Multiple-Family Component. In A PUD with a gross area of ten (10) acres or more may incorporate a multiple-family component, provided that all of the following are met: , up to twenty percent (20%) of the dwelling units may be other than single-family dwellings. Such units shall meet the following design standards:
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3. Commercial Component. A PUD with a gross area of ten (10) acres or more may incorporate a commercial land use component, provided that all of the following are met:
a. The commercial component shall be located on a lot of sufficient size to contain all commercial structures, parking, and landscape buffering. The total area occupied by the commercial land uses may not exceed five percent (5%) of the gross area of the development, or five (5) acres, whichever is less.
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G. Procedures for Review and Approval.
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2. Informal Planning Commission Review. A prospective applicant may also request a brief review with the Planning Commission regarding a proposed PUD. The scheduling of a brief review by the Planning Commission shall be subject to the availability of time on the agenda as determined by the Chairperson of the Planning Commission.
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5. Concept Plan. Following the optional pre-application conference, the applicant shall submit a Concept Plan and application for the proposed PUD.
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b. Submittal. The Concept Plan and application for a PUD shall be submitted to the Township Building Department, and it shall be put on the next available Planning Commission agenda for acceptance for processing, provided the Township received it by noon at least four (4) weeks twelve (12) calendar days prior to the meeting. Upon acceptance for processing submittal, the Planning Commission staff shall also set a date for the joint public hearing.
c. Site Walk. The Planning Commission staff shall coordinate the need for, and if applicable may schedule a site walk with visit to the subject property by members of the Site Walk Committee or with by all members of the Planning Commission.
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g. Planning Commission Action. Following the public hearing, or at a subsequent Planning Commission meeting, the Planning Commission shall review the Concept Plan and shall take one of the following actions:
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5) Request Changes. If the Planning Commission request changes, the applicant shall have sixty (60) days in which to submit the revised drawings and/or information within the time frame allotted. One sixty (60) day extension may be granted by the Planning Commission upon request of the applicant, upon good cause shown. Failure to submit the revised plans and/or information within the requisite time frame shall void the request.
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6. Final Plan. Following receipt of the Planning Commission comments on the Concept Plan, and action by the Township Board, the applicant shall submit a Final Plan and supporting materials conforming to this section. If a Final Plan is not submitted by the applicant for final approval within twelve (12) months of Township Board Concept Plan approval, the Concept Plan approval becomes null and void. The Planning Commission may, however, issue a waiver for greater periods of time if it is determined to be appropriate, as a condition of Concept Plan approval. Such extension and request of waiver shall be made prior to the expiration date.
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b. Submittal. The applicant shall submit the Final Plan and application for a PUD to the Township Building Department within twelve (12) months of Concept Plan approval, otherwise the Concept Plan approval becomes null and void. The Planning Commission may, however, issue a waiver for greater periods of time if it is determined to be appropriate, as a condition of Concept Plan approval. Such extension and request of waiver shall be made prior to the expiration date.
The Final Plan shall be put on the next available Planning Commission agenda for acceptance for processing, provided the Township received it by noon at least four (4) weeks twelve (12) calendar days prior to the meeting.
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d. Planning Commission Action. The Planning Commission shall review the Final Plan and shall take one of the following actions:
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5) Request Changes. If the Planning Commission requests changes, the applicant shall have sixty (60) days in which to submit the revised drawings and/or information within the time frame allotted. One sixty (60) day extension may be granted by the Planning Commission upon request of the applicant, upon good cause shown. Failure to submit the revised plans and/or information within the requisite time frame shall void all prior approvals.
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H. Phasing and Commencement of Construction.
1. Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety, and welfare of the users of the Planned Unit Development (PUD) and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the Township Board, after recommendation from the Planning Commission. Similarly, the schedule upon which any and all community benefits proposed in association with the development will be installed or otherwise become available shall be disclosed and determined to be reasonable at the discretion of the Township Board. The conditions regarding timing and phasing of community benefits as well as other PUD components shall be specified within the PUD agreement and may be attached to specified performance guarantees.
2. Commencement and Completion of Construction. Construction shall be commenced within one (1) year following the date of Final Plan approval and shall proceed substantially in conformance with the schedule set forth by the applicant and in accordance with this Ordinance. If construction is not commenced within such time, any previous PUD plan approval shall expire and become null and void unless an extension is granted. An extension for up to one (1) year may be granted by the Planning Commission, upon good cause shown, if such request is made to the Planning Commission prior to the expiration of the initial period. Additional one (1) year extensions may also be granted at the discretion of the Planning Commission. Moreover, in the event the PUD plan approval has expired, a new application shall be required, and shall be reviewed according to existing and applicable law and ordinance provisions at the time of any subsequent submission.
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K. Recording of Planning Commission and Township Board Actions.
1. Each action taken with reference to a Planned Unit Development (PUD) shall be duly recorded in the minutes of the Planning Commission and Township Board. The reasons for the action taken shall also be recorded in the minutes. After all steps in each phase of the review process have been completed, three (3) copies of the Final Plan shall be marked by the Planning Commission staff for the following distribution:
One (1) copy shall be returned to the applicant, along with a written transmittal of the reasons for action and/or conditions of approval.
One (1) copy shall be forwarded to the Township Building Department.
One (1) copy shall be retained in the Planning Commission files.
2. A notice of adoption of the PUD shall be filed with the Oakland County Register of Deeds.

CHARTER TOWNSHIP OF ORION
PUD REVIEW PROCESS
Pre-Application Conference (optional)
Submit concept PUD Plan Application no less than four (4) weeks 12 days before meeting
Accepted for Processing, Set Joint Public Hearing Date
Joint Public Hearing
Planning Commission makes a recommendation to the Township Board regarding density, consistency with requirements, and Concept PUD Plan
Township Board takes action on Concept PUD Plan
Submit Final PUD Plan within 12 months of Concept Plan Approval and no less than four (4) weeks 12 days before the meeting
Planning Commission makes a recommendation to the Township Board regarding PUD zoning
Township Board takes action on PUD rezoning
Master Deeds, Bylaws, Exhibit B are approved by the Township and recorded with the County
SECTION 2 of Ordinance
Section 2 ? Repeal
All other ordinances or parts of ordinances which are

CHARTER TOWNSHIP OF ORION
BOARD OF TRUSTEES
NOTICE OF PUBLIC HEARING
(UNDER ACT 198,
PUBLIC ACTS OF MICHIGAN, 1974)
PLEASE TAKE NOTICE, that the Board of Trustee of the Charter Township of Orion will hold a public hearing on Monday, May 18, 2009, at 8:000 p.m. at the Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, for the purpose of hearing all interested persons concerning the establishment of the following proposed INDUSTRIAL DEVELOPMENT DISTRICT as initiated by the Charter Township of Orion Board of Trustees, under the provisions of Act 198 of the Public Acts of Michigan of 1974 (Plant Rehabilitation and Industrial Development Districts Act): The properties included in the proposed district are:
09-27-301-048, 3700 GIDDINGS: T4N, R10E, SEC 27 PART OF SW 1/4 BEG AT PT DIST S 01-38-55 W 1487.02 FT FROM CEN OF SEC, TH S 01-38-55 W 258.75 FT, TH S 89-58-27 W 336.83 FT, TH S 01-27-59 W 180 FT, TH S 37-17-36 W 336.78 FT, TH N 89-25-14 W 141.08 FT, TH N 80-54-28 W 675.47 FT, TH N 01-29-15 E 1120.30 FT, TH S 81-22-40 E 677.94 FT, TH N 01-38-55 E 45.86 FT, TH S 68-46-02 E 3.64 FT, TH ALG CURVE TO RIGHT, RAD 845 FT, CHORD BEARS S 57-59-38 E 315.90 FT, DIST OF 317.77 FT, TH S 47-13-14 E 437.19 FT, TH N 89-57-23 E 68.14 FT TO BEG 27.78 A5-23-97 FR 027, 034, 036, 041 & 043
09-27-301-050, 1050 W SILVERBELL: T4N, R10E, SEC 27 PART OF SW 1/4 BEG AT PT DIST N 89-25-14 W 673.55 FT FROM S 1/4 COR, TH N 89-25-14 W 667.72 FT, TH N 01-29-15 E 210 FT, TH S 89-24-24 E 331.45 FT, TH S 89-24-30 E 174.86 FT, TH N 73-30-06 E 170.45 FT, TH S 01-38-55 W 259.96 FT TO BEG 3.31 A5-23-97 FR 041 & 042
09-27-301-051, VACANT: T4N, R10E, SEC 27 PART OF SW 1/4 BEG AT S 1/4 COR, TH N 89-25-14 W 673.55 FT, TH N 01-38-55 E 259.96 FT, TH S 73-30-06 W 170.45 FT, TH N 89-24-30 W 174.86 FT TH N 89-24-24 W 331.45 FT, TH N 01-29-15 E 562 FT, TH S 80-54-28 E 675.47 FT, TH S 89-25-14 E 141.08 FT, TH N 37-17-36 E 336.78 FT, TH N 01-09-26 E 179.66 FT TH E 336.83 FT, TH S 01-35-58 W 1125.12 FT TO BEG 22.24 A 8-16-01 FR 044, 045 046 & 049
09-27-400-009, 986 W SILVERBELL: T4N, R10E, SEC 27 PART OF SW 1/4 OF SE 1/4 BEG AT S 1/4 COR, TH N 01-09-04 E 1243.89 FT, TH S 49-32-01 E 1436.58 FT, TH S 34-11-42 E 375.47 FT, TH S 89-58-06 W 1328.95 FT TO BEG, EXC S 60 FT OF W 400 FT TAKEN FOR HWY, ALSOEXC N 590 FT OF S 650 FT OF W 43 FT TAKEN FOR HWY, ALSO EXC THAT PART OF S 100 FT OFE 928.94 FT OF W 1328.94 FT OF SE 1/4 TAKEN FOR HWY 17.42 A
09-32-400-019, 215 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 32
09-32-400-020, 235 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 31
09-32-400-021, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 30 EXC S 400 FT
09-32-400-022, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 29 EXC S 400 FT
09-32-400-023, 313 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS S 400 FT OF LOTS 29 & 30
09-32-400-024, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 28
09-32-400-030, 397 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 22
09-32-400-038, 481 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS S 225 FT OF LOT 15
09-32-400-044, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 9
09-32-400-058, VACANT: T4N, R10E, SEC 32 THAT PART OF S 1/2 OF SE 1/4 LYING W & N OF ‘HIGHLAND FARMS?, EXC S 200 FT 7.50 A0516A
09-32-40-059, 4905 ESTES DR: T4N, R10E, SEC 32 PART OF SE 1/4 BEG AT PT DIST N 00-41-00 E 460.05 FT FROM S 1/4 COR, TH N 00-41-00 E 200 FT, TH N 89-53-50 E 433.29 FT, TH S 00-03-50 E 200 FT, TH S 89-53-50 W 435.90 FT TO BEG 2 A0516B
09-32-400-062, 445 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS S 275 FT OF LOTS 18 & 19
09-32-400-065, 511 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 12 & 13
09-32-400-066, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 10 & 11
09-32-400-067, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 23 TO 27 INCL
09-32-400-069, 631 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 5, ALSO LOT 6 EXC BEG AT SW LOT COR, TH N 89-53-30 E 71 FT, TH N 00-06-48 W 306.76 FT, TH S 89-53-30 E 71 FT, TH S 00-06-48 E 306.76 FT TO BEG
09-32-400-070, 611 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS PART OF LOT 6 BEG AT SW LOT COR, TH N 89-53-30 E 71 FT, TH N 00-06-48 W 306.76 FT, TH S 89-53-30 E 71 FT, TH S 00-06-48 E 306.76 FT TO BEG
09-32-400-071, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 3 & 4
09-32-400-074, 479 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 14 & 15 EXC S 225 FT OF EACH
09-32-400-075, 493 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS S 225 FT OF LOT 14
09-32-400-076, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOT 7 EXC S 306.76 FT, ALSO ALL OF LOT 8
09-32-400-077, 595 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS S 306.76 FT OF LOT 7
09-32-400-082, 637 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 1 & 2 4/17/87 FR 079
09-32-400-083, VACANT: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 18 TO 21 INCL EXC S 275 FT OF LOTS 18 & 19 6/17/87 FR 064
09-32-400-084, 465 BROWN: T4N, R10E, SEC 32 HIGHLAND FARMS LOTS 16 & 17 6/17/87 FR 036 & 064
09-33-326-016, 4738 JOSLYN: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT PT DIST S 00-25-23 E 1025.06 FT FROM NW COR THEREOF, TH N 89-55-15 E 432.82 FT, TH S 10-19-30 W 305.45 FT, TH S 89-55-15 W 377.25 FT, TH N 00-25-23 W 300.50 FT TO BEG 2.79 A
09-33-326-018, 4590 JOSLYN: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT PT DIST S 00-25-23 E 280.40 FT FROM NW COR OF NE 1/4 OF SW 1/4, TH S 00-25-23 E 432.70 FT, TH S 89-28-53 E 491.06 FT, TH N 10-19-30 E 547.89 FT, TH S 89-39-02 W 293.17 FT, TH S 00-25-23 E 98.27 FT, TH S 89-39-02 W 300 FT TO BEG 5.98 A 8-21-06 FR 006 & 017
09-33-326-019, 4662 JOSLYN: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT PT DIST S 00-25-23 E 713.10 FT FROM NW COR OF NE 1/4 OF SW 1/4,TH S 00-25-23 E 311.96 FT, TH N 89-55-15 E 432.82 FT, TH N 10-19-30 E 311.96 FT, TH N 89-28-53 W 491.06 FT TO BEG 3.28 A 8-21-06 FR 017
09-33-327-002, 4601 JOSLYN: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT PT IN CEN OF JOSLYN RD DIST SLY 545.80 FT FROM E & W 1/4 LINE, TH E 147 FT TO W LINE GTRR R/W, TH SLY ALG SD LI 162.60 FT, TH W 171.60 FT TO CEN OF RD,TH NLY 160 FT TO BEG 0.58 A0529B1-2
09-33-327-005, 4715 JOSLYN: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT PT IN CEN LINE OF JOSLYN RD DIST SLY 1047.10 FT FROM E & W 1/4 LINE, TH E 198.60 FT TO WLY LINE OF GT RR R/W, TH SLY ALG SD LINE 306.20 FTTO S LI OF NE 1/4 OF SW 1/4,TH W 226 FT TO CEN OF RD, TH NLY 305.35 FT TO BEG 1.49 A0529C
09-33-327-006, 4661 JOSLYN: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT PT IN CEN LI OF JOSLYN RD DIST SLY 705.80 FT FROM E & W 1/4 LI, TH E 171.60 FT TO WLY LI GT RR R/W, TH SLY 181.36 FT ALG SD R/W LI, TH W 182.10 FT TO CEN LI OF SD RD, TH NLY 181.30 FT TO BEG, ALSO BEG AT PT IN CEN LI OF JOSLYN RD DIST SLY 887.10 FT FROM E & W 1/4 LI, TH E 182.10 FT TO WLY LI OF GT RR R/W, TH SLY 160.84 FT ALG SD R/W LI, TH W 198.60 FT TO CEN LI OF SD RD, TH NLY 160 FT TO BEG 1.44 A 10-17-02 FR 003 & 004
09-33-327-007, VACANT: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT INTER OF JOSLYN RD & E-W 1/4 LI, TH N 87-54-38 E 53.69 FT, TH ALG CURVE TO RIGHT, RAD 5124.56 FT, CHORD BEARS S 02-54-05 E 434.19 FT, DIST OF 434.32 FT, TH N 84-23-44 W 135.65 FT, TH N 08-04-29 E 422.62 FT TO BEG 0.96 A 6-14-07 FR 001
09-33-327-008, 4581 JOSLYN: T4N, R10E, SEC 33 PART OF NE 1/4 OF SW 1/4 BEG AT PT DIST S 08-04-29 W 422.62 FT FROM INTER OF JOSLYN RD & E-W 1/4 LI, TH S 84-23-44 E 135.65 FT, TH ALG CURVE TO RIGHT, RAD 5124.56 FT, CHORD BEARS S 00-09-51 W 114.04 FT, DIST OF 114.04 FT, TH N 88-01-34 W 152.08 FT, TH N 08-04-29 E 123.27 FT TO BEG 0.39 A 6-14-07 FR 001
09-33-328-003, 2035 HOPEFIELD: T4N, R10E, SEC 33 PART OF SW 1/4 BEG AT PT DIST N 00-16-11 W 2039.03 FT & N 89-39-12 W 283.47 FT FROM S 1/4 COR, TH N 89-39-12 W 314.12 FT, TH ALG CURVE TO LEFT, RAD 4841.98 FT, CHORD BEARS N 00-49-40 E 498.45 FT, DIST OF 498.67 FT, TH N 02-06-33 W 101.63 FT, TH S 89-39-12 E 312.42 FT, TH S 00-10-04 W 599.97 FT TO BEG 4.25 A 2-5-02 FR 002
09-33-328-004, 2027 HOPEFIELD: T4N, R10E, SEC 33 PART OF SW 1/4 BEG AT PT DIST N 00-16-11 W 2039.03 FT FROM S 1/4 COR, TH N 89-39-12 W 283.47 FT, TH N 00-10-04 E 599.97 FT, TH S 89-39-12 E 278.89 FT, TH S 00-16-11 E 600 FT TO BEG 3.87 A 2-5-02 FR 002
09-33-426-037, VACANT: T4N, R10E, SEC 33 N 1/2 OF NE 1/4 OF SE 1/4 20 A0534
09-33-426-039, VACANT: T4N, R10E, SEC 33 SE 1/4 OF SE 1/4 40 A0536
09-33-351-002, VACANT: T4N, R10E, SEC 33 PLEASANT VALLEY SUB LOT 2 EXC S 400 FT
09-33-351-003, 669 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 2
09-33-351-004, 681 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB LOT 3
09-33-351-005, 691 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB LOTS 4 & 5
09-33-351-008, VACANT: T4N, R10E, SEC 33 PLEASANT VALLEY SUB LOT 8 EXC S 400 FT
09-33-351-011, 751 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 8
09-33-351-012, 761 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 9
09-33-351-013, 771 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 10
09-33-351-014, 781 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 11
09-33-351-015, 795 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 12
09-33-351-020, 851 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 18
09-33-351-021, 861 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOT 19
09-33-351-022, 721 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB LOTS 6 & 7
09-33-351-027, 815 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB PART OF LOTS 9 TO 17 INCL BEG AT SW COR OF LOT 13, TH E 150.00 FT, TH N 03-17-00 W 400.00 FT, TH E 220.27 FT, TH N 03-58-00 W 559.22 FT, TH N 89-44-40 W 640.98 FT, TH S 01-56-00 E 559.69 FT, TH E 293.72 FT, TH S 02-50-00 E 400.00 FT TO BEG
09-33-351-029, 831 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 400 FT OF LOTS 15, 16 & 17
09-33-351-030, 657 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB S 410 FT OF LOT 1 2-22-84 FR 001
09-33-351-031, VACANT: T4N, R10E, SEC 33 PLEASANT VALLEY SUB LOT 1 EXC S 410 FT 4/17/87 FR 0932400079
09-33-351-032, 4828 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB PART OF LOTS 9 TO 15 INCL BEG AT PT DIST N 89-44-40 W 338.62 FT FROM NE COR OF LOT 19, TH N 89-44-40 W 431.38 FT, TH S 01-55-00 E 309.62 FT, TH S 89-48-11 E 419.30 FT, TH N 00-19-12 E 308.97 FT TO BEG 1-22-97 FR 028
09-33-351-033, 4820 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB PART OF LOTS 14 TO 19 INCL BEG AT NE COR OF LOT 19, TH N 89-44-40 W 338.62 FT, TH S 00-19-12 W 308.97 FT, TH S 89-48-11 E 364.18 FT, TH N 04-25-00 W 309.62 FT TO BEG 1-22-97 FR 028
09-33-376-044, VACANT: T4N, R10E, SEC 33 PART OF S 1/2 OF SW 1/4 BEG AT PT DIST S 500 FT FROM INTER OF S 1/8 LINE & JOSLYN RD, TH S 200 FT, TH W 200 FT, TH N 200 FT, TH E 200 FT TO BEG 0.92 A0531B
09-33-376-007, 4868 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 LOT 25
09-33-376-008, 4886 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 LOT 24
09-33-376-009, 4902 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 N 75 FT OF LOTS 21, 22 & 23
09-33-376-010, 871 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 LOT 20
09-33-376-016, 881 BROWN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 LOTS 21, 22 & 23 EXC N 75 FTOF EACH LOT, ALSO EXC THAT PART OF LOT 23 BEG AT SE LOT COR, TH W 90.85 FT ALG LOT LINE TH N 11-14-00 E 63.73 FT, TH N 22-18-30 E 135.58 FT, TH N 84-01-00 E 7.32 FT, TH S 05-58-00 E 189.77 FT ALG E LOT LINE TO BEG
09-33-376-017, VACANT: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 PART OF LOT 23 BEG AT SE LOT COR, TH W 90.85 FT ALG LOT LINE, TH N 11-14-00 E 63.73 FT, TH N 22-18-30 E 135.58 FT, TH N 84-01-00 E 7.32 FT, TH S 05-58-00 E 189.77 FT ALG E LOT LINE TO BEG
09-33-376-026, 4800 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 LOT 30 4-12-91 FR 019 & 021
09-33-376-027, 4888 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 LOT 28 EXC S 60 FT, ALSO ALL OF LOT 29, ALSO PART OF LOTS 18 & 19 OF ‘PLEASANT VALLEY SUB?, BEG AT NW COR OF SD LOT 29, TH S 04-25-00 E 358.20 FT, TH S 86-07-58 W 142.73 FT, TH N 03-18-07 W 369.02 FT, TH S 89-18-52 E 136.37 FT TO BEG 4-3-95 FR 022 & 024
09-33-376-028, 4856 JOSLYN: T4N, R10E, SEC 33 PLEASANT VALLEY SUB NO 1 LOTS 26 & 27, ALSO S 60 FT OF LOT 28 ALSO PART OF LOTS 18 & 19 OF ‘PLEASANT VALLEY SUB? BEG AT PT DIST N 00-25-00 W 20.07 FT FROM SW COR OF SD LOT 26, TH W 147.18 FT, TH N 03-18-07 W 191.88 FT, TH N 86-08-00 E 143.02 FT, TH S 04-25-00 E 201.80 FT TO BEG 4-3-95 FR 024 & 025
09-33-377-002, 4883 JOSLYN: T4N, R10E, SEC 33 THAT PART OF SE 1/4 OF SW 1/4 LYING E OF CEN LINE OF JOSLYN & W OF GTRR R/W EXC BEG AT PT DIST E 1705.11 FT & N 11-14-00 E 111.60 FT & N 22-18-30 E 189.73 FT FROM SW SEC COR, TH N 05-58-00 W 95.00 FT, TH N 22-18-30 E 244.29 FT, TH S 08-06-44 W 366.96 FT, TH S 22-18-30 W 55.87 FT, TH N 05-58-00 W 95.00 FT TO BEG 3.07 A
09-33-377-003, VACANT: T4N, R10E, SEC 33 PART OF SW 1/4 BEG AT PT DIST E 1705.11 FT & N 11-14-00 E 111.60 FT & N 22-18-30 E 189.73 FT FROM SW SEC COR, TH N 05-58-00 W 95.00 FT, TH N 22-18-30 E 244.29 FT, TH S 08-06-44 W 366.96 FT, TH S 22-18-30 W 55.87 FT, TH N 05-58-00 W 95.00 FT TO BEG 0.33 A
09-33-378-002, VACANT: T4N, R10E, SEC 33 PART OF SE 1/4 OF SW 1/4 BEG AT PT DIST E 1705.11 FT & N 11-14-00 E 111.60 FT & N 22-18-30 E 189.73 FT & S 05-58-00 E 95.00 FT & N 22-18-30 E 281.92 FT FROM SW SEC COR, TH N 22-18-30 E 227.70 FT, TH N 04-24-00 E 661.79 FT, TH N 89-32-30 W 60.44 FT, TH S 04-47-30 W 643.51 FT, TH ALG CURVE TO RIGHT, RAD 3844.83 FT, CHORD BEARS S 05-41-05 W 230.86 FT, DIST OF 230.86 FT TO BEG 1.06 A
09-33-378-008, 921 BROWN: T4N, R10E, SEC 33 PART OF SW 1/4 BEG AT PT DIST N 00-10-57 W 33 FT & S 89-58-00 W 305.10 FT FROM S 1/4 COR, TH S 89-58-00 W 430.77 FT, TH N 00-43-51 E 5.67 FT, TH N 89-16-09 W 15 FT, TH S 00-43-51 W 5.87 FT, TH S 89-58-00 W 43.09 FT, TH N 06-03-29 W 65.90 FT, TH N 11-25-40 E 167.81 FT, TH ALG CURVE TO LEFT, RAD 3844.83 FT, CHORD BEARS N 09-57-33 E 152.31 FT, DIST OF 152.32 FT, TH N 89-58-00 E 425.68 FT, TH S 00-17-40 W 117.27 FT, TH S 13-32-52 E 52.25 FT, TH S 00-17-40 W 211.93 FT TO BEG 4.06 A10/2/89 FR 006
09-33-378-009, 1007 BROWN: T4N, R10E, SEC 33 PART OF SW 1/4 BEG AT PT DIST N 00-10-57 W 33 FT FROM S 1/4 COR, TH S 89-58-00 W 305.10 FT, TH N 00-17-40 E 211.93 FT, TH N 13-32-52 W 52.25 FT, TH N 00-17-40 E 246.27 FT, TH N 89-58-00 E 30 FT, TH N 00-17-40 E 777.08 FT, TH S 89-35-05 E 276.91 FT, TH S 00-10-57 E 1283.89 FT TO BEG 8.61 A10/2/89 FR 006
09-33-378-010, 957 BROWN: T4N, R10E, SEC 33 PART OF SW 1/4 BEG AT PT DIST N 00-16-11 W 1319.52 FT FROM S 1/4 COR, TH N 89-49-52 W 276.91 FT, TH S 00-02-53 W 777.08 FT, TH S 89-43-13 W 30 FT, TH S 00-02-56 W 129 FT, TH S 89-43-13 W 425.68 FT, TH ALG CURVE TO LEFT, RAD 3844.83 FT, CHORD BEARS N 06-39-27 E 38.32 FT, DIST OF 38.32 FT, TH N 22-01-08 E 227.70 FT, TH N 04-06-38 E 661.79 FT, TH N 89-49-52 W 62.20 FT. TH N 04-33-54 E 655.31 FT, TH ALG CURVE TO LEFT, RAD 4841.98 FT, CHORD BEARS N 04-21-54 E 68.14 FT, DIST OF 68.14 FT, TH S 89-39-12 E 597.59 FT, TH S 00-16-11 E 719.51 FT TO BEG 17.76 A 2-23-01 FR 007 & 328-001
09-34-100-001, VACANT: T4N, R10E, SEC 34 PART OF NW 1/4 OF NW 1/4 BEG AT NW SEC COR, TH E 300 FT, TH S 44-27-30 W 420.2 FT, TH N 01-05-00 W 300 FT TO BEG 1.03 A0541B
09-34-100-002, 1275 W. SILVERBELL: T4N, R10E, SEC 34 PART OF NW 1/4, BEG AT PT DIST E 300 FT FROM NW SEC COR, TH E 306.54 FT, TH S 33 FT, TH W 91.54 FT, TH S 159 FT, TH W 403.40 FT, TH N 44-27-30 E 269 FT TO BEG 1.42 A0541C
09-34-100-003, 1205 W. SILVERBELL: T4N, R10E, SEC 34 PART OF NW 1/4 OF NW 1/4 BEG AT PT DIST E 1336.50 FT FROM NW SEC COR, TH S 00-12-00 E 208.70 FT, TH W 208.70 FT, TH N 00-12-00 W 208.70 FT, TH E 208.70 FT TO BEG 1 A0541D
09-34-100-007, VACANT: T4N, R10E, SEC 34 NW 1/4 OF NW 1/4 EXC BEG AT PT DIST E 1336.50 FT FROM NW SEC COR, TH S 00-12-00 E 208.70 FT, TH W 208.70 FT, TH N 00-12-00 W 208.70 FT, TH E 208.70 FT TO BEG, ALSO EXC BEG AT NW SEC COR, TH E 1068.44 FT, TH S 00-12-00 E 208.70 FT, TH S 45-28-47 W 518.24 FT, TH N 82-06-55 W 264.72 FT, TH N 07-52-33 E 347.03 FT, TH W 373.40 FT, TH S 44-27-30 W 151.20 FT, TH N 01-05-00 W 300 FT TO BEG 30.24 A
09-34-100-008, 1255 W. SILVERBELL: T4N, R10E, SEC 34 PART OF NW 1/4 BEG AT PT DIST E 606.54 FT FROM NW SEC COR, TH E 461.90 FT, TH S 00-12-00 E 208.70 FT, TH S 45-28-47 W 518.24 FT, TH N 82-06-55 W 264.72 FT, TH N 07-52-33 E 347.03 FT, TH E 30 FT, TH N 159 FT, TH E 91.54 FT, TH N 33 FT TO BEG 6.04 A
09-34-100-009, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER DELTA PARK ASSESSED WITH ALL LOTS IN SUB 9-02-04 FR 005
09-34-100-010, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 13 9-2-04 FR 005
09-34-100-011, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 14 9-2-04 FR 005
09-34-100-012, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 12 9-2-04 FR 005
09-34-100-013, VACANT: T4N, R10E, SEC 33 & 34 LIBERTY TECHNE CENTER THAT PART OF ASTRA PARK LYING IN LAKE ORION SCHOOLS SCHOOL DIST NO 150 ASSESSED WITH ALL LOTS IN SUB 9-2-04 FR 005
09-34-100-014, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER THAT PART OF LOT 1 LYING IN LAKE ORION SHCOOLS SCHOOL DIST NO 150 9-2-04 FR 005
09-34-100-015, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER THAT PART OF LOT 2 LYING IN LAKE ORION SCHOOLS SCHOOL DIST NO 150 9-2-04 FR 005
09-34-100-016, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER THAT PART OF LOT 3 LYING IN LAKE ORION SCHOOLS SCHOOL DIST NO 150 9-2-04 FR 005
09-34-200-006, 4555 GIDDINGS: T4N, R10E, SEC 34 & 35 PART OF N 1/2 OF SEC 34 & PART OF NW 1/4 OF SEC 35 BEG AT NE COR OF SEC 34, TH N 89-58-06 E 27.10 FT, TH S 00-39-24 W 2636.98 FT, TH N 89-36-33 W 1 FT TO E 1/4 COR OF SEC 34, TH N 89-36-33 W 4089.10 FT, TH N 00-24-56 W 2609.93 FT, TH S 89-53-37 E 1341.12 FT TO N 1/4 COR OF SEC 34, TH N 89-58-06 E 2770.95 FT TO BEG EXC THAT PART TAKEN FOR SILVER BELL RD & RELOC GIDDINGS RD 231.95 A
09-34-300-002, 1427 BROWN: T4N, R10E, SEC 34 PART OF SW 1/4 BEG AT SW SEC COR, TH N 668 FT, TH S 71-42-00 E 119.40 FT, TH S 493 FT, TH S 00-54-00 E 137.50 FT, TH W 115.50 FT TO BEG 1.72 A0544A
09-34-300-005, VACANT: T4N, R10E, SEC 34 E 80 FT OF W 377.50 FT OF S 300 FT OF SW 1/4 0.53 A0544D
09-34-300-010, 1465 BROWN: T4N, R10E, SEC 34 PART OF SW 1/4 BEG AT PT DIST E 115.50 FT FROM SW SEC COR, TH E 182.00 FT, TH N 300.00 FT, TH W 184.15 FT, TH S 162.50 FT, TH S 00-54-00 E 137.51 FT TO BEG 1.26 A03/26/87 FR 003 & 004
09-34-300-013, VACANT: T4N, R10E, SEC 33 & 34 LIBERTY TECHNE CENTER THAT PART OF ASTRA PARK LYING IN PONTIAC SCHOOLS SCHOOL DIST NO 210 ASSESSED WITH ALL LOTS IN SUB 9-2-04 FR 011 & 09-33-426-038
09-34-300-014, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER THAT PART OF LOT 1 LYING IN PONTIAC SCHOOLS SCHOOL DIST NO 210 9-02-04 FR 011
09-34-300-015, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER THAT PART OF LOT 2 LYING IN PONTIAC SCHOOLS SCHOOL DIST NO 210 9-02-04 FR 011
09-34-300-016, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER THAT PART OF LOT 3 LYING IN PONTIAC SCHOOLS SCHOOL DIST NO 210 9-02-04 FR 011
09-34-300-017, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LIBERTY NORTH PARK ASSESSED WITH ALL LOTS IN SUB 9-02-04 FR 011
09-34-300-018, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 4 9-2-04 FR 011
09-34-300-019, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 5 9-2-04 FR 011
09-34-300-020, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 6 9-2-04 FR 011
09-34-300-021, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 7 9-2-04 FR 011
09-34-300-022, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 8 9-2-04 FR 011
09-34-300-023, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LIBERTY PARK ASSESSED WITH ALL LOTS IN SUB 9-02-04 FR 011
09-34-300-024, VACANT: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER LOT 11 9-2-04 FR 011
09-34-300-027, VACANT: T4N, R10E, SEC 34 AMD PLAT OF PART OF LOT 9 & ALL OF LOT 10 OF LIBERTY TECHNE CENTER LOT 15 8-9-6 FR 025 & 026
09-34-300-029, 1601 BROWN: T4N, R10E, SEC 34 LIBERTY TECHNE CENTER PART OF LOT 9, ALSO PART OF SW 1/4 OF SEC ALL DESC AS BEG AT PT DIST N 00-23-13 E 668 FT FROM SW SEC COR, TH N 00-23-13 E 399.70 FT, TH S 89-53-53 E 290.64 FT, TH S 01-29-13 W 80.70 FT, TH S 88-30-47 E 618.64 FT, TH ALG CURVE TO LEFT, RAD 80 FT, CHORD BEARS N 89-10-06 E 6.47 FT, DIST OF 6.48 FT, TH S 00-13-53 E 10.26 FT, TH S 88-30-47 E 417.92 FT, TH S 00-08-29 E 596.81 FT, TH S 42-37-35 W 318.86 FT, TH S 00-13-53 E 120.08 FT, TH N 89-53-39 W 747 FT, TH N 00-23-13 E 300.03 FT, TH N 89-53-53 W 264.15 FT, TH N 00-32-07 E 332.62 FT, TH N 72-39-44 W 119.40 FT TO BEG 10-04-06 FR 006, 009, 012 & 028
09-34-400-010, 4555 GIDDINGS: T4N, R10E, SEC 34 PART OF S 1/2 OF SEC BEG AT SE SEC COR, TH S 89-37-48 W 2724.09 FT TO S 1/4 COR, TH S 89-49-54 W 1340.83 FT, TH N 00-24-56 W 2635.18 FT TH S 89-36-33 E 4089.10 FT TO E 1/4 COR, TH S 00-06-42 W 2585.69 FT TO BEG EXC THAT PART TAKEN FOR BROWN RD & RELOC GIDDINGS RD 227.31 A
09-35-100-008, 4140 S LAPEER RD: T4N, R10E, SEC 35 PART OF NW 1/4 BEG AT PT DIST N 87-50-35 E 2471.34 FT & N 00-24-26 W 3640 FT & S 89-35-34 W 334.90 FT FROM SW SEC COR, TH S 89-35-34 W 315 FT, TH N 00-24-26 W 429.58 FT, TH N 82-14-08 E 317.61 FT, TH S 00-24-26 E 469.98 FT TO BEG 3.25 A
09-35-100-009, VACANT: T4N, R10E, SEC 35 PART OF NW 1/4 BEG AT PT DIST N 87-50-35 E 2471.34 FT & N 00-24-26 W 3640 FT FROM SW SEC COR, TH S 89-35-34 W 334.90 FT, TH N 00-24-26 W 470.27 FT, TH N 82-14-08 E 337.68 FT, TH S 00-24-26 E 513.51 FT TO BEG 3.79 A
09-35-100-010, 4200 S LAPEER RD: T4N, R10E, SEC 35 PART OF NW 1/4 BEG AT PT DIST N 87-50-35 E 2471.34 FT & N 00-24-26 W 3140 FT & S 89-35-34 W 859.02 FT FROM SW SEC COR, TH S 89-35-34 W 350 FT, TH N 01-00-03 W 500.01 FT, TH N 89-35-34 E 355.25 FT TH S 00-24-26 E 500 FT TO BEG 4.06 A
09-35-100-013, 40 ENGELWOOD: T4N, R10E, SEC 35 PART OF NW 1/4 BEG AT PT DIST N 87-50-35 E 2471.34 FT & N 00-24-26 W 3140 FT FROM SW SEC COR, TH S 89-35-34 W 261.40 FT, TH N 00-24-26 W 500 FT, TH N 89-35-34 E 261.40 FT, TH S 00-24-26 E 500 FT TO BEG 3 A
09-35-100-017, 4150 S LAPEER RD: T4N, R10E, SEC 35 PART OF NW 1/4 BEG AT PT DIST N 87-50-35 E 2471.34 FT & N 00-24-26 W 4153.51 FT & S 82-14-50 W 656.58 FT FROM SW SEC COR, TH S 82-14-50 W 571.54 FT, TH S 01-00-30 E 356.26 FT, TH N 89-35-34 E 564.37 FT, TH N 00-24-26 W 429.31 FT TO BEG 5.09 A8-13-90 FR 004 & 007
09-35-100-018, 100 ENGELWOOD: T4N, R10E, SEC 35 PART OF NW 1/4 BEG AT PT DIST N 87-50-35 E 2471.34 FT & N 00-24-26 W 3140 FT & S 89-35-34 W 261.40 FT FROM SW SEC COR, TH S 89-35-34 W 597.62 FT, TH N 00-24-26 W 500 FT, TH N 89-35-34 E 597.62 FT, TH S 00-24-26 E 500 FT TO BEG 6.82 AC 2-2-01 FR 011 & 012
09-35-100-019, VACANT: T4N, R10E, SEC 35 PART OF NW 1/4 BEG AT PT DIST S 87-57-11 W 158.45 FT & S 02-02-49 E 60 FT FROM N 1/4 COR, TH S 36-41-59 E 75.10 FT, TH ALG CURVE TO RIGHT, RAD 8534.37 FT, CHORD BEARS S 02-01-44 E 483.05 FT, DIST OF 483.10 FT, TH S 00-24-26 E 463.40 FT, TH S 82-16-39 W 1230.09 FT, TH N 01-20-20 W 1129.77 FT, TH N 87-57-11 E 1180.81 FT TO BEG 30.09 A 6-26-01 FR 002 & 003
09-35-100-020, 325 S SILVERBELL: T4N, R10E, SEC 35 PART OF W 1/2 OF W 1/2 OF SEC BEG AT PT DIST N 89-38-47 E 27.10 FT & S 00-39-51 W 60.01 FT FROM NW SEC COR, TH N 89-38-47 E 1311.75 FT, TH S 00-18-00 W 730.05 FT, TH S 89-38-47 W 469.26 FT, TH S 00-39-51 W 1600.54 FT, TH N 89-37-43 E 479.40 FT, TH S 00-22-58 W 250.02 FT, TH S 89-37-43 W 1328.71 FT, TH N 00-06-49 E 3.97 FT, TH N 78-11-32 E 1 FT, TH N 00-39-51 E 2576.79 FT TO BEG, ALSO BEG AT PT DIST N 89-38-47 E 27.10 FT & S 00-39-51 W 60.01 FT & N 89-38-47 E 710.11 FT FROM NW SEC COR, TH N 00-39-51 E 17 FT, TH N 89-38-47 E 340.05 FT, TH S 00-39-51 W 17 FT, TH S 89-38-47 W 340.05 FT TO BEG 60.90 A 6-19-07 FR 001
09-35-100-021, VACANT: T4N, R10E, SEC 35 PART OF W 1/2 OF W 1/2 OF SEC BEG AT PT DIST N 89-38-47 E 27.10 FT & S 00-39-51 W 60.01 FT & N 89-38-47 E 1311.75 FT & S 00-18-00 W 730.05 FT FROM NW SEC COR, TH S 00-18-00 W 1576.75 FT, TH S 00-22-58 W 23.49 FT, TH S 89-37-43 W 479.40 FT, TH N 00-39-51 E 1600.54 FT, TH N 89-38-47 E 469.26 FT TO BEG 17.42 A 6-19-07 FR 001
09-35-200-002, 4107 S LAPEER RD: T4N, R10E, SEC 35 N 132 FT OF S 528 FT OF E 270 FT OF W 330 FT OF NW 1/4 OF NE 1/4 0.80 A 0553
09-35-200-003, 4117 S LAPEER RD: T4N, R10E, SEC 35 PART OF NW 1/4 OF NE 1/4 BEG AT PT DIST N 06-35-20 E 396 FT & E 60.40 FT FROM INTER OF CEN LINE OF M-24 HWY WITH N 1/8 LINE, TH E 180 FT, TH S 03-23-20 W 56 FT, TH N 89-36-20 W 183 FT, TH N 06-35-20 E ALG ELY LINE OF M-24 HWY 55 FT TO GET 0.23 A 0554B
09-35-200-008, 4291 S LAPEER RD: T4N, R10E, SEC 35 PART OF NE 1/4 BEG ON E LINE OF M-24 HWY DIST N 02-48-00 E 401.54 FT FROM INTER OF SD LINE WITH E & W 1/4 LINE, TH N 02-48-00 E 279.10 FT, TH S 89-22-00 E 996.52 FT, TH S 01-44-00 W 219.63 FT, TH S 87-15-00 W 1004.74 FT TO BEG 5.70 A0555B
09-35-200-010, 4200 BALD MTN RD: T4N, R10E, SEC 35 & 36 PART OF NE 1/4 SEC 35 & PART OF NW 1/4 SEC 36, BEG AT PT DIST W 250 FT FROM NE COR SEC 35, TH S 00-08-30 E 354.69 FT, TH S 89-56-30 E 323.86 FT, TH S 11-53-20 E ALG CEN LINE OF RD 1459.07 FT, TH N 81-36-00 W ALG E & W 1/4 LINE 397.81 FT TO E 1/4 COR OF SEC 35, TH S 80-07-50 W ALG 1/4 LINE 1084.15 FT, TH N 00-00-50 E 838.40 FT, TH N 01-17-00 E 1072.35 FT, TH E ON SEC LINE 812.11 FT TO BEG 50.09 A0549
09-35-200-011, 4285 S LAPEER RD: T4N, R10E, SEC 35 PART OF NE 1/4 BEG AT PT DIST N 02-48-00 E 888.44 FT FROM INTER OF E & W 1/4 LINE & E LINE OF LAPEER RD, TH N 02-48-00 E 150 FT, TH N 86-20-00 E 600 FT, TH S 02-48-00 W 150 FT, TH S 86-20-00 W 600 FT TO BEG 2.05 A
09-35-200-012, VACANT: T4N, R10E, SEC 35 PART OF NE 1/4 BEG AT PT DIST N 02-48-00 E 680.64 FT FROM INTER OF E & W 1/4 LINE & E LINE OF LAPEER RD, TH N 02-48-00 E 207.80 FT, TH N 86-20-00 E 600 FT, TH N 02-48-00 E 150 FT, TH N 86-20-00 E 394.10 FT, TH S 01-44-00 W 432.07 FT, TH N 89-22-00 W 996.52 FT TO BEG 6.95 A
09-35-200-015, 200 E SILVERBELL RD: T4N, R10E, SEC 35 PART OF NE 1/4 BEG AT PT DIST N 88-38-02 W 1062.11 FT FROM NE SEC COR, TH S 02-48-10 W 300.00 FT, TH N 88-38-02 W 150.00 FT, TH N 02-48-10 E 300.00 FT, TH S 88-38-02 E 150.00 FT TO BEG 1.03 A07/24/84 FR 006
09-35-200-016, 180 E SILVERBELL RD: T4N, R10E, SEC 35 PART OF NE 1/4 BEG AT PT DIST N 88-38-02 W 1062.11 FT & S 02-48-10 W 300.00 FT FROM NE SEC COR, TH S 02-48-10 W 658.47 FT, TH S 85-41-51 W 400.95 FT, TH N 02-48-10 E 998.09 FT, TH S 88-38-02 E 248.00 FT, TH S 02-48-10 W 300.00 FT, TH S 88-38-02 E 150.00 FT TO BEG 7.90 A07/24/84 FR 006
09-35-200-018, 4367 S LAPEER RD: T4N, R10E, SEC 35 PART OF NE 1/4 BEG AT PT DIST S 81-36-00 W 1083.40 FT FROM E 1/4 COR, TH S 81-36-00 W 540.32 FT, TH N 02-45-17 W 352.22 FT, TH N 87-14-43 E 561.18 FT, TH S 01-44-00 W 300.00 FT TO BEG 4.10 A08/04/86 FR 009
09-35-200-020, 4055 S LAPEER RD: T4N, R10E, SEC 35 PART OF NE 1/4 BEG AT PT DIST S 88-38-02 E 200.36 FT FROM N 1/4 COR, TH S 88-38-02 E 242.51 FT, TH S 02-43-57 W 490.54 FT, TH S 86-20-00 W 364.05 FT, TH ALG CURVE TO LEFT, RAD 8714.42 FT, CHORD BEARS N 01-15-44 E 314.50 FT, DIST OF 314.50 FT, TH N 33-51-58 E 246.43 FT TO BEG 3.96 A 2-24-00 FR 019
09-35-200-021, 100 E SILVERBELL RD: T4N, R10E, SEC 35 PART OF NE 1/4 BEG AT PT DIST S 88-38-02 E 442.87 FT FROM N 1/4 COR, TH S 88-38-02 E 228.14 FT, TH S 02-43-57 W 470.40 FT, TH S 86-20-00 W 229.51 FT, TH N 02-43-57 E 490.54 FT TO BEG 2.52 A 2-24-00 FR 019
09-35-200-022, VACANT: T4N, R10E, SEC 35 PART OF NE 1/4 S 88-38-02 E 330 FT & S 02-43-57 W 499.93 FT FROM N 1/4 COR, TH N 86-20-00 E 343.06 FT, TH S 02-43-57 W 528 FT, TH S 86-20-00 W 592.84 FT, TH N 02-43-57 E 341 FT, TH N 86-20-00 E 183 FT, TH N 00-22-56 W 54.75 FT, TH N 86-20-00 E 69.72 FT, TH N 02-43-57 E 132 FT TO BEG 6.16 A 11-30-01 FT 004 & 014
09-35-200-023, 512 E SILVERBELL RD: T4N, R10E, SEC 35 & 36 PART OF NE 1/4 OF SEC 35 & PART OF NW 1/4 OF SEC 36 BEG AT NE COR OF SEC 35, TH S 11-51-00 E 362.75 FT, TH N 89-56-30 W 323.60 FT, TH N 00-08-30 W 354.69 FT, TH N 90-00-00 E 250 FT TO BEG 2.34 A 9-19-05 FR 09-36-101-001
09-35-300-003, 4640 S LAPEER RD: T4N, R10E, SEC 35 PART OF SW 1/4 BEG AT PT ON WLY LINE OF M-24 HWY DIST N 87-50-35 E 2471.34 FT & N 00-24-26 W 1866.82 FT FROM SW SEC COR, TH S 89-35-34 W 420 FT, TH N 00-24-26 W 150 FT, TH S 89-35-34 W 150 FT, TH N 00-24-26 W 250 FT, TH N 89-35-34 E 570 FT, TH S 00-24-26 E 400 FT TO BEG 4.72 A0561D-2
09-35-300-005, 4800 S LAPEER RD: T4N, R10E, SEC 35 PART OF W 1/2 OF SEC BEG AT PT DIST N 89-50-35 E 1295.30 FT & N 01-00-30 W 1338.25 FT FROM SW SEC COR, TH N 01-00-30 W 339.54 FT, TH N 89-35-34 E 1193.23 FT, TH S 00-24-26 E 405 FT, TH S 88-50-00 W 443.59 FT, TH N 84-57-00 W 749.53 FT TO BEG 10.63 A0561E
09-35-300-007, 2401 BROWN: T4N, R10E, SEC 35 PART OF SE 1/4 OF SW 1/4 BEG AT PT DIST N 87-50-35 E 1295.30 FT FROM SW SEC COR, TH N 01-00-30 W 464.97 FT, TH N 87-50-35 E 218.39 FT, TH S 02-09-25 E 464.88 FT, TH S 87-50-35 W 227.70 FT TO BEG 2.38 A0561F-1
09-35-300-010, 2501 BROWN: T4N, R10E, SEC 35 PART OF SE 1/4 OF SW 1/4 BEG AT PT DIST N 87-50-35 E 1977 FT FROM SW SEC COR, TH N 02-09-25 W 464.88 FT, TH N 87-50-35 E 188.40 FT, TH S 00-24-26 E 265 FT, TH S 87-50-35 W 156.30 FT, TH S 02-09-25 W 200 FT, TH S 87-50-35 W 24 FT TO BEG 1.23 A0561F-4
09-35-300-011, 4970 S LAPEER RD: T4N, R10E, SEC 35 PART OF E 1/2 OF SW 1/4 BEG AT PT DIST E 2001 FT FROM SW SEC COR, TH N 200 FT, TH E 300 FT, TH S 200 FT, TH W 300 FT TO BEG 1.38 A0561B
09-35-300-012, 4930 S LAPEER RD: T4N, R10E, SEC 35 PART OF SE 1/4 OF SW 1/4 BEG AT PT DIST N 87-50-35 E 2301 FT FROM SW SEC COR, TH N 02-09-25 W 200 FT, TH S 87-50-35 W 143.70 FT, TH N 00-24-26 W 349.68 FT, TH N 89-35-34 E 320 FT, TH S 00-24-26 E 326.77 FT, TH S 32-44-30 W 255.88 FT, TH S 87-50-35 W 30.37 FT TO BEG 3.03 A0561F-5
09-35-300-013, 2481 BROWN: T4N, R10E, SEC 35 PART OF SW 1/4 BEG AT PT DIST N 87-50-35 E 1950.00 FT FROM SW SEC COR, TH N 02-09-25 W 237.88 FT, TH S 87-50-35 W 200.00 FT, TH N 02-09-25 W 227.00 FT, TH N 87-50-35 E 227.00 FT, TH S 02-09-25 E 464.88 FT, TH S 87-50-35 W 27.00 FT TO BEG 1.33 A0561F-6
09-35-300-014, 2475 BROWN: T4N, R10E, SEC 35 PART OF SW 1/4 BEG AT PT DIST N 87-50-35 E 1750.00 FT FROM SW SEC COR, TH N 02-09-25 W 237.88 FT, TH N 87-50-35 E 200.00 FT, TH S 02-09-25 E 237.88 FT, TH S 87-50-35 W 200.00 FT TO BEG 1.09 A0561F-3
09-35-300-016, VACANT: T4N, R10E, SEC 35 PART OF SW 1/4 BEG AT PT DIST N 87-50-35 E 1295.30 FT & N 01-00-30 W 2202.82 FT & N 89-35-34 E 628.74 FT & N 00-24-26 W 100 FT & N 89-35-34 E 270 FT FROM SW SEC COR, TH N 00-24-26 W 200 FT, TH N 89-35-34 E 300 FT, TH S 00-24-26 E 200 FT, TH S 89-35-34 W 300 FT TO BEG 1.38 A
09-35-300-026, 4852 S LAPEER RD: T4N, R10E, SEC 35 PART OF SE 1/4 OF SW 1/4 BEG AT PT DIST N 87-50-35 E 1295.30 FT & N 01-00-30 W 826.37 FT FROM SW SEC COR, TH N 01-00-30 W 511.88 FT, TH S 84-57-00 E 749.53 FT, TH N 88-50-00 E 443.59 FT, TH S 00-24-26 E 96.00 FT ALG WLY R/W LINE M-24 HWY, TH S 88-50-00 W 447.62 FT, TH N 84-57-00 W 342.31 FT, TH S 01-00-30 E 364.88 FT, TH S 87-50-35 W 400.00 FT TO BEG 6.21 A 10/19/87 FR 024
09-35-300-028, 4300 S LAPEER RD: T4N, R10E, SEC 35 PART OF E 1/2 OF W 1/2 OF SEC BEG AT PT DIST N 87-50-35 E 1295.30 FT & N 01-01-51 W 1679.33 FT FROM SW SEC COR, TH N 01-01-51 W 1498.31 FT, TH N 89-35-34 E 1209.31 FT, TH S 00-24-26 E 673.22 FT, TH S 89-35-34 W 300 FT, TH S 00-24-26 E 200 FT, TH S 89-35-34 W 270 FT, TH S 00-24-26 E 250 FT, TH S 89-35-34 W 50.20 FT, TH S 01-02-56 E 375.02 FT, TH S 89-35-34 W 577 FT TO BEG 31.34 A3-22-96 FR 017, 100-014TO016
09-35-300-029, 4700 S LAPEER RD: T4N, R10E, SEC 35 PART OF E 1/2 OF W 1/2 OF SEC BEG AT PT DIST N 87-50-35 E 1295.30 FT & N 01-01-51 W 1679.33 FT & N 89-35-34 E 577 FT FROM SW SEC COR, TH N 89-35-34 E 616 FT, TH N 00-24-26 W 225 FT, TH S 89-35-34 W 420 FT, TH N 00-24-26 W 150 FT, TH S 89-35-34 W 200.20 FT, TH S 01-02-56 E 375.02 FT TO BEG 3.87 A3-22-96 FR 017
09-35-300-030, 2445 BROWN: T4N, R10E, SEC 35 PART OF SE 1/4 OF SW 1/4 BEG AT PT DIST N 87-54-34 E 1294.65 FT & N 01-00-30 W 463.97 FT FROM SW SEC COR, TH N 01-00-30 W 361.40 FT, TH 87-50-35 E 652.39 FT, TH S 01-00-30 E 361.40 FT, TH S 87-50-35 W 207.00 FT, TH S 02-09-25 E 464.88 FT, TH S 87-54-34 W 227.00 FT, TH N 02-09-25 W 464.88 FT, TH S 87-50-35 W 218.39 FT TO BEG 7.83 A 9-29-00 FR 025
09-35-300-031, 4872 S LAPEER RD: T4N, R10E, SEC 35 PART OF SE 1/4 OF SW 1/4 BEG AT PT DIST N 87-50-35 E 1295.30 FT & N 01-00-30 W 464.97 FT & N 87-50-35 E 652.39 FT FROM SW SEC COR, TH N 01-00-30 W 361.40 FT, TH S 87-50-35 W 252.39 FT, TH N 01-00-30 W 364.88 FT, TH S 84-57-00 E 342.31 FT, TH N 88-50-22 E 447.62 FT, TH S 00-24-26 E 600.82 FT TH S 89-35-34 W 320.00 FT, TH S 00-24-26 E 84.68 FT, TH S 87-50-35 W 208.40 FT TO BEG 9.75 A 9-29-00 FR 025 & 027
09-35-400-001, 4577 S LAPEER RD: T4N, R10E, SEC 35 PART OF SE 1/4 BEG AT PT IN N & S 1/4 LINE DIST S 677.60 FT FROM CEN OF SEC, TH S 198 FT, TH N 89-45-00 E 528.03 FT, TH N 01-14-40 W 198.03 FT, TH S 89-45-00 W 524 FT TO BEG, EXC W 60 FT IN HWY 2.12 A0562B
09-35-400-020, VACANT: T4N, R10E, SEC 35 PART OF SE 1/4 BEG AT PT DIST S 08-03-29 E 822.34 FT & S 85-03-25 W 1728.82 FT FROM E 1/4 COR, TH S 01-17-33 E 119.96 FT, TH S 89-45-00 W 466.05 FT, T

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78,
ZONING ORDINANCE
ARTICLES II AND XXVII
WIRELESS COMMUNICATION FACILITIES
The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, September 2, 2014, 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 II and XXVII, for the Charter Township of Orion, Michigan; changing the text in Section 2.01; repealing existing Section 27.07 and replacing the text with new Section 27.07 to comply with PA 110, Michigan Zoning Enabling Act and changes to the Federal Telecommunications Act; 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, Article II is amended by adding the herein after language in the Article as follows:
ARTICLE II ? Construction of Language & Definitions
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Section 2.01 ? Definitions
* * *
Essential Services: Shall mean the erection, construction, alteration, or maintenance by Public Utilities or Municipal Governments, Departments, Commissions, or Boards, or by other governmental agencies of underground, surface or overhead gas, electric, steam, or water transmission or distribution systems, collection, communications, supply, or disposal systems, including public safety communication towers, structures and facilities, dams, weirs, culverts, bridges, canals, locks, including poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, or signs and fire hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such Public Utilities or Municipal Departments, Commissions, or Boards, or other governmental agencies, or for the public health, safety, or general welfare, but not including buildings other than those and buildings which are primarily enclosures or shelters for the installed central of such essential services equipment. An essential service shall not include other buildings associated with an essential service, or cellular telephone facilities, including cellular telephone transmitting towers, the use of essential service public safety communication towers, structures and facilities for cellular telephone or other wireless communication facilities, or commercial broadcast television and radio facilities.
* * *
Wireless Communication Facilities or Facility: Shall mean all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals or other wireless communications services, and include wireless communications equipment, wireless communications support structures, and wireless communications equipment compounds, as defined herein. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities, short wave facilities, ham amateur radio facilities, private/stand-alone satellite dishes, essential services structures and facilities, and governmental facilities which may be subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this Chapter, the following additional terms are defined:
A. Attached Wireless Communications Facilities shall mean wireless communication equipment attached to an existing wireless communications support structure or in an existing wireless communications equipment compound.
B. Substantial change in physical dimensions means one or more modifications of the height, width, length, or area of a wireless communications facility at a location, the cumulative effect of which is to materially alter or change the appearance of the wireless communications facility.
C. Wireless communications equipment means the equipment and components, including antennas, transmitters, receivers, base stations, equipment shelters or cabinets, emergency generators, and power supply, coaxial and fiber optic cables used in the provision of wireless communications services, but excluding wireless communication support structures.
D. Wireless communications equipment compound means a delineated area surrounding or adjacent to the base of a wireless communications support structure within which any wireless communications equipment related to that support structure is located.
E. Wireless Communication Support Structures or Support Structures shall mean structures designed to support or capable of supporting wireless communication equipment. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, utility poles, wood poles and guyed towers, buildings, or other structures with such design capability.
F. Collocation shall mean the location by two (2) or more cellular communication providers of cellular communication facilities on a common wireless communication support structure.
* * *
SECTION 2 of Ordinance
Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Article XXVII is amended by replacing the hereinafter language in the Article as follows:
ARTICLE XXVII ? General Provisions
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Section 27.07 ? Personal Wireless Service Communication Facilities
A. Purpose and Intent.
It is the general purpose and intent of the Township to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is further the purpose and intent of the Township to provide for such authorization in a manner which will retain the integrity of residential neighborhoods and the character, property values, and aesthetic quality of the Township at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.
Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, and changes in State and Federal legislation, it is the further purpose and intent of this section to:
1. Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
2. Establish predetermined districts in the location considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
3. Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods and areas within the community. Consequently, more stringent standards and conditions should apply to the review, approval, and use of such facilities.
4. Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facility needs.
5. Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.
6. Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.
7. Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, the use of structures which are designed for compatibility, and the use of existing structures.
8. Implement and provide for compliance with State and Federal legislation through new and amended application, review, and decision standards, requirements and procedures for wireless communication facilities requests.
B. Authorization: As a Permitted Use
1. As a Permitted Use Subject to Site Plan Approval.
In all Zoning Districts, a wireless communication facility described in this subsection (B)(1) shall be a permitted use subject to the standards and conditions in subsection (C), the application requirements in subsection (D), the collocation requirements in subsection (E), the procedures in subsection (G), and any prior special land use or site plan approval conditions.
a. Wireless communications equipment attached to an existing structure not previously approved and used as a wireless communications support structure and located within a nonresidential zoning district, where there will be no substantial change in physical dimensions of the existing structure.
b. A proposed collocation upon a wireless communication support structure which has been approved by the Township for such collocation but which is not permitted by administrative review under subsection (B)(3).
c. Wireless communication equipment on an existing utility pole structure located within a right-of-way and not previously approved and used as a wireless communications support structure, where there will be no substantial change in physical dimensions of the existing pole.
d. Attached wireless communication facilities that are not permitted by administrative review under subsection (B)(3).
2. Authorization: As a Special Use.
Unless permitted under subsections (B)(1) or (B)(3), wireless communication facilities require approval as a special land use, which shall be subject to the standards and conditions in subsection (C), the application requirements in subsection (D), the collocation requirements in subsection (E), the procedures in subsection (G), and a demonstration of the need for the proposed facility based on one or more of the following factors:
? Proximity to an interstate or major thoroughfare.
? Areas of population concentration.
? Concentration of commercial, industrial, and/or other business centers.
? Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
? Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.
? Other specifically identified reason creating facility need.
a. If it is demonstrated by an applicant that a wireless communication facility necessary to providing services cannot be established as permitted under subsection (B)(l), wireless communication facilities may be permitted as a special land use in non-residential zoning districts.
b. If it is demonstrated by an applicant that a wireless communication facility necessary to providing services cannot be established as permitted under subsection (B)(l) or in a zoning district identified in subsection (B)(2)a, such wireless communication facility may be considered and permitted elsewhere in the Township as a special land use, subject to the following:
1) In the application, the applicant shall demonstrate that no existing structure identified in subsection (B)(l) or location in a zoning district identified in subsection (B)(2)a, above can reasonably meet the specifically disclosed service, coverage and/or capacity needs of the applicant. Such demonstration requires identification of all structures and properties considered and a factual explanation of why they are not feasible in terms of availability, suitability, or otherwise.
2) Wireless communication facilities shall be of a ‘stealth? design, such as a steeple, bell tower, tree, or other form with substantial landscape buffering which is located and compatible with the existing character of the proposed site, neighborhood and general area, as approved by the Township taking into account any alternative designs submitted by the Applicant or identified during the review and decision process.
3) Locations outside the zoning districts identified in subsection (B)(2)a, shall be limited to the following sites:
i. Municipally-owned sites.
ii. Other governmentally owned sites.
iii. Religious or other institutional sites.
iv. Public or private school sites.
v. Other sites if: (i) not located in a residential zoning district, and (ii) no sites identified in i ? iv, above are available and suitable, as demonstrated in the application and determined by the Planning Commission.
4) The applicant’s demonstration of good faith efforts to identify and evaluate alternate sites, locations, designs, placements, or features for the proposed facility that would or could be more consistent with the ordinance purposes stated in subsection (A).
5) For each alternate site, location, design, placement, or feature for the proposed facility identified by the applicant or otherwise, the applicant’s demonstration that the proposed facility is more consistent with the ordinance purposes stated in subsection (A), and/or that such alternate is not feasible.
3. Authorization: As a Permitted Use Subject to Administrative Review.
A proposal for attached wireless communication facilities that satisfies the following criteria does not require special land use or site plan approval. Confirmation that these criteria are satisfied shall be determined by an administrative review per Section 30.01(D) and written certification by the Building Official to the construction code building official prior to issuance of any construction code permits. Such proposals shall also be reviewed for compliance with the standards and conditions in subsection (C), with the certification to identify any items of noncompliance.
a. The existing wireless communications support structure and/or wireless communications equipment compound are in compliance with this ordinance, and if not, are in compliance with a prior approval under this ordinance.
b. The proposal complies with the terms and conditions of any prior final approval under this ordinance of the wireless communications support structure and/or wireless communications compound.
c. The proposal will not increase the height of the wireless communications support structure by more than 20 feet or 10% of its original height (as first erected without any later additions), whichever is greater.
d. The proposal will not increase the width of the wireless communications support structure by more than necessary to the stated and documented purpose of the increase.
e. The proposal will not increase the area of the existing wireless communications equipment compound to more than 2,500 square feet.
C. Review Standards and Conditions.
All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions.
1. Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
2. Facilities shall be located and designed to be compatible with the existing character of the proposed site and harmonious with surrounding areas.
3. Facilities shall comply with applicable federal and state standards, and Federal Communications Commission’s regulations, relative to the environmental effects of radio frequency emissions.
4. Applicants shall demonstrate an engineering justification for the proposed height of the support structure, and an evaluation of alternative designs and locations which might result in lower heights. Support structures shall not exceed the minimum height necessary for collocation by at least two (2) providers, or by a larger number of providers identified and disclosed in the application as intending and contracted or otherwise committed to use of the structure. Except as needed for communication services, and regardless of the number of collocators, wireless communication support structures shall not exceed a height of 140 feet in the SF, SE, SR, R-1, R-2, and R-3 districts, 160 feet in the RM-1, RM-2, and MHP districts, and 180 feet in all other districts. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.
5. The minimum setback of the support structure and equipment compound from an adjacent boundary of any property shall be equal to 125% of the height of the support structure.
6. There shall be unobstructed access to the support structure and equipment compound, for police, fire and emergency vehicles, and for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement.
7. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
8. The equipment enclosure may be located within the principal building, an accessory building, or in an equipment compound with landscaping and screening at least eight (8) feet in height and approved by the Township upon a demonstration by the applicant that placement of the equipment inside a building is not practical due to site or equipment conditions or constraints. If proposed as an accessory building or equipment compound, it shall conform to all district requirements for principal buildings, including yard setbacks. Where a wireless communication facility is proposed on the roof of a building, any equipment enclosure proposed as a roof appliance or penthouse on the building, shall be designed, constructed and maintained to be architecturally compatible with the principal building. Wireless communication facilities mounted upon the side of a building shall be attached flush against the building surface, and shall not be allowed to protrude more than the depth of the antenna. Such facilities shall blend into the design, contour and color scheme of the building.
9. The Township shall review and approve the architecture and color of the support structure and all accessory buildings and structures so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition. Lighting is only allowed if required by, and in compliance with the standards of, the Federal Aviation Administration, Federal Communications Commission, Michigan Aeronautics Commission, other governmental agencies, or the Township as a special use approval condition. Any such requirements and standards shall be documented by the Applicant
10. The support structure and system shall be designed to support, or capable of supporting the proposed wireless communication equipment, which shall be demonstrated by a structural analysis and certification from a registered professional engineer that identifies any modifications to an existing structure necessary to such capability.
11. Support structures shall be constructed, and maintained in accordance with all applicable building codes. Any approval or certification under this ordinance shall be subject to and conditioned on the construction code building official’s authority to require and be provided with a soils report from a geotechnical engineer, licensed in the State of Michigan, based on actual soil borings and certifying the suitability of soil conditions, and a written engineering certification from the manufacturer or designer of the support system that the support system can safely accommodate attached antennas under expected weather conditions.
12. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard. Such plans shall include the names, pager number and email addresses, if any, business and home telephone numbers, mobile telephone numbers, if any, and identity of no fewer than two persons who can be contacted at any hour of the day or night that have full authority to act on behalf of the applicant in the event of a malfunction or emergency. Such list of persons shall be kept current by immediate written notice to the Township of any changes.
D. Application Requirements.
All of the following information and documents shall be required for a special land use, site plan, or administrative review application to be considered complete:
1. A site plan prepared in accordance with Section 30.01(E), shall be submitted, showing the location, size, screening, lighting and design of all buildings and structures.
2. The site plan shall also include a detailed landscape plan prepared in accordance with the Zoning Ordinance. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, fencing of a minimum of eight (8) feet in height shall be required for protection of the support structure and security from children and other persons who may otherwise access facilities.
3. The application shall include a description of security to be posted at the time of receiving a building permit to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in Subsection (f). In this regard, the security shall be posted and maintained in the form of: (1) cash; (2) irrevocable letter of credit; or, (3) other security arrangement accepted by the Township Board.
4. A map or plan showing the locations and heights of existing wireless communications support structures in the Township and communities adjoining the Township, and which identifies structures the Applicant is using or has the right to use and the heights at which its antennas are or may be installed.
5. The name, address identity, home and business telephone numbers, pager number and email addresses, if any, and mobile phone number, if any, of the person to contact for engineering, maintenance and other notice purposes. This information shall be kept current by immediate written notice of the Township of any changes.
6. An application fee in an amount established by Resolution of the Township Board or as permitted by State statute.
7. Identification of the dates, nature and conditions of any prior zoning approvals or permits for the property.
8. If the application is for a new wireless communication support structure or to place or install additional wireless communications equipment on an existing support structure, a structural analysis and certification to the Township by a registered professional engineer that the structure is designed to support, or capable of supporting the proposed wireless communications equipment. Any modifications necessary to a structure being capable of supporting the proposed equipment shall be specifically identified in the analysis and certification.
9. If modifications to a wireless communications support structure are identified in a structural analysis under subsection (8) above, a written determination by the Township construction code building official that, subject to review of an actual building permit application and plans, the identified modifications would be allowed and that with the modifications, the structure would meet construction code requirements.
10. If the application is for a new wireless communications support structure or to increase the height of an existing structure, a written analysis and justification by a registered engineer that the proposed height is the minimum necessary for the provision of personal wireless services and one colocation.
11. If the application is for a new wireless communications support structure, identification of all other structures and properties considered for the proposed use and a factual explanation of why they are not feasible in terms of availability, suitability, or otherwise.
12. If the application is for a new wireless communications support structure, identification of possible alternative locations, designs, or features, whether those alternatives were considered, and if so, a factual explanation of why those alternatives are not proposed.
13. If the application is for a new wireless communications support structure non-residential zoning districts, identification and submission in written form of the evidence and arguments the Applicant will rely on in claiming that those restrictions prohibit or have the effect of prohibiting it from providing personal wireless services and that its proposal is more consistent with the ordinance purposes stated in subsection (A), than alternate sites, locations, designs, placements and features.
14. Disclosure and copies of all other required governmental permits or approvals and the status and copies of pending applications for those permits or approvals.
15. If the application is for a special land use approval, the name, expertise, and relationship to applicant of each licensed or registered professional that has or will provide evidence to support the application, with a summary of that evidence that includes any opinions expressed and the bases for such opinions.
16. For each professional opinion disclosed by the applicant as supporting the application, a statement of whether the applicant agrees that it should be subject to separate review by or for the Township, and if so, the type, scope, time, and cost of such a separate review that applicant believes would be reasonable.
17. The Applicant’s email address, fax number or address to which the Township should direct notices regarding the Application.
E. Collocation.
1. Statement of Policy.
It is the policy of the Township to minimize the overall number of newly established locations for wireless communication facilities and Wireless Communication Support Structures within the community, and encourage the use of existing structures for Attached Wireless Communication Facility purposes, consistent with the statement of purpose and intent, set forth in Subsection (A), Purpose and Intent, above. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the Township that all users should collocate on Attached Wireless Communication Facilities and Wireless Communication Support Structures in the interest of achieving the purposes and intent of this section, as stated above, and as stated in Subsection (A), Purpose and Intent. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the Township. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the Township.
2. Feasibility of collocation.
Collocation shall be deemed to be ‘feasible? for purposes of this section where all of the following are met:
a. The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.
b. The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
c. The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.
d. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the Township, taking into consideration the several standards contained in Subsections (B) and (C), above.
3. Requirements for Collocation.
a. The construction and use of a new wireless communication facility shall not be granted unless? and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
b. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.
c. The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a non-conforming structure and use, and shall not be altered, expanded or extended in any respect.
d. If a party who owns or otherwise controls a facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the Township, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the Township for a period of five years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.
F. Removal.
1. A wireless communication facility must furnish reasonable evidence of ongoing operation at any time after construction.
2. A condition of every approval of a wireless communication facility shall be removal of all or part of the facility by users and owners when the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.
3. The situations in which removal of a facility is required, as set forth in paragraph (2) above, may be applied and limited to portions of a facility no longer being used, by written application to and approval of the Zoning Administrator.
4. If removal of all or part of a facility is required, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Administrator.
5. The required removal of a facility or a portion thereof shall be lawfully completed within 60 days of the period of nonuse under paragraph (2) above. If removal is not completed within that time, after at least 30 days written notice, the Township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.
G. Procedures.
1. Review and administrative actions on special land use and site plan approval applications.
a. The Zoning Administrator shall promptly review special land use and site plan approval applications to determine if they are administratively complete by inclusion of all information required in subsection (D). If the application is not complete, no later than 14 busine

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-239 AMENDMENT TO ORD. 78, ZONING ORDINANCE ARTICLES II AND XXVII WIRELESS COMMUNICATION FACILITIES
The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, September 2, 2014, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles II and XXVII, for the Charter Township of Orion, Michigan; changing the text in Section 2.01; repealing existing Section 27.07 and replacing the text with new Section 27.07 to comply with PA 110, Michigan Zoning Enabling Act and changes to the Federal Telecommunications Act; 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, Article II is amended by adding the herein after language in the Article as follows:
ARTICLE II ? Construction of Language & Definitions
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Section 2.01 ? Definitions
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Essential Services: Shall mean the erection, construction, alteration, or maintenance by Public Utilities or Municipal Governments, Departments, Commissions, or Boards, or by other governmental agencies of underground, surface or overhead gas, electric, steam, or water transmission or distribution systems, collection, communications, supply, or disposal systems, including public safety communication towers, structures and facilities, dams, weirs, culverts, bridges, canals, locks, including poles, wires, mains, drains, sewers, towers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, or signs and fire hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such Public Utilities or Municipal Departments, Commissions, or Boards, or other governmental agencies, or for the public health, safety, or general welfare, and buildings which are primarily enclosures or shelters of such essential service equipment. An essential service shall not include other buildings associated with an essential service, or cellular telephone facilities, including cellular telephone transmitting towers, the use of essential service public safety communication towers, structures and facilities for cellular telephone or other wireless communication facilities, or commercial broadcast television and radio facilities.
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Wireless Communication Facilities or Facility: Shall mean all structures and accessory facilities relating to the use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals or other wireless communications services, and include wireless communications equipment, wireless communications support structures, and wireless communications equipment compounds, as defined herein. This may include, but shall not be limited to, radio towers, television towers, telephone devices and exchanges, microwave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities. Not included within this definition are citizen band radio facilities, short wave facilities, ham amateur radio facilities, private/stand-alone satellite dishes, essential services structures and facilities, and governmental facilities which may be subject to state or federal law or regulations which preempt municipal regulatory authority. For purposes of this Chapter, the following additional terms are defined:
A. Attached Wireless Communications Facilities shall mean wireless communication equipment attached to an existing wireless communications support structure or in an existing wireless communications equipment compound.
B. Substantial change in physical dimensions means one or more modifications of the height, width, length, or area of a wireless communications facility at a location, the cumulative effect of which is to materially alter or change the appearance of the wireless communications facility.
C. Wireless communications equipment means the equipment and components, including antennas, transmitters, receivers, base stations, equipment shelters or cabinets, emergency generators, and power supply, coaxial and fiber optic cables used in the provision of wireless communications services, but excluding wireless communication support structures.
D. Wireless communications equipment compound means a delineated area surrounding or adjacent to the base of a wireless communications support structure within which any wireless communications equipment related to that support structure is located.
E. Wireless Communication Support Structures or Support Structures shall mean structures designed to support or capable of supporting wireless communication equipment. Support structures within this definition include, but shall not be limited to, monopoles, lattice towers, utility poles, wood poles and guyed towers, buildings, or other structures with such design capability.
F. Collocation shall mean the location by two (2) or more cellular communication providers of cellular communication facilities on a common wireless communication support structure.
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SECTION 2 of Ordinance
Pursuant to the provisions of the Michigan Zoning Enabling Act, pursuant to all applicable provisions of law, Article XXVII is amended by replacing the hereinafter language in the Article as follows:
ARTICLE XXVII ? General Provisions
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Section 27.07 ? Wireless Communication Facilities
A. Purpose and Intent.
It is the general purpose and intent of the Township to carry out the will of the United States Congress by authorizing communication facilities needed to operate wireless communication systems. However, it is further the purpose and intent of the Township to provide for such authorization in a manner which will retain the integrity of residential neighborhoods and the character, property values, and aesthetic quality of the Township at large. In fashioning and administering the provisions of this section, attempt has been made to balance these potentially competing interests.
Recognizing the number of providers authorized to establish and operate wireless communication services and coverage, and changes in State and Federal legislation, it is the further purpose and intent of this section to:
1. Facilitate adequate and efficient provision of sites for wireless communication facilities and ensure that wireless communication facilities are situated in appropriate locations and relationships to other land uses, structures and buildings.
2. Establish predetermined districts in the location considered best for the establishment of wireless communication facilities, subject to applicable standards and conditions.
3. Recognize that operation of a wireless communication system may require the establishment of facilities in locations not within the predetermined districts. In such cases, it has been determined that it is likely that there will be greater adverse impact upon neighborhoods and areas within the community. Consequently, more stringent standards and conditions should apply to the review, approval, and use of such facilities.
4. Limit inappropriate physical and aesthetic overcrowding of land use activities and avoid adverse impact upon existing population, transportation systems, and other public services and facility needs.
5. Provide for adequate information about plans for wireless communication facilities in order to permit the community to effectively plan for the location of such facilities.
6. Minimize the adverse impacts of technological obsolescence of such facilities, including a requirement to remove unused and/or unnecessary facilities in a timely manner.
7. Minimize the negative visual impact of wireless communication facilities on neighborhoods, community land marks, historic sites and buildings, natural beauty areas and public rights-of-way. This contemplates the establishment of as few structures as reasonably feasible, the use of structures which are designed for compatibility, and the use of existing structures.
8. Implement and provide for compliance with State and Federal legislation through new and amended application, review, and decision standards, requirements and procedures for wireless communication facilities requests.
B. Authorization: As a Permitted Use
1. As a Permitted Use Subject to Site Plan Approval.
In all Zoning Districts, a wireless communication facility described in this subsection (B)(1) shall be a permitted use subject to the standards and conditions in subsection (C), the application requirements in subsection (D), the collocation requirements in subsection (E), the procedures in subsection (G), and any prior special land use or site plan approval conditions.
a. Wireless communications equipment attached to an existing structure not previously approved and used as a wireless communications support structure and located within a nonresidential zoning district, where there will be no substantial change in physical dimensions of the existing structure.
b. A proposed collocation upon a wireless communication support structure which has been approved by the Township for such collocation but which is not permitted by administrative review under subsection (B)(3).
c. Wireless communication equipment on an existing utility pole structure located within a right-of-way and not previously approved and used as a wireless communications support structure, where there will be no substantial change in physical dimensions of the existing pole.
d. Attached wireless communication facilities that are not permitted by administrative review under subsection (B)(3).
2. Authorization: As a Special Use.
Unless permitted under subsections (B)(1) or (B)(3), wireless communication facilities require approval as a special land use, which shall be subject to the standards and conditions in subsection (C), the application requirements in subsection (D), the collocation requirements in subsection (E), the procedures in subsection (G), and a demonstration of the need for the proposed facility based on one or more of the following factors:
? Proximity to an interstate or major thoroughfare.
? Areas of population concentration.
? Concentration of commercial, industrial, and/or other business centers.
? Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstructions.
? Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.
? Other specifically identified reason creating facility need.
a. If it is demonstrated by an applicant that a wireless communication facility necessary to providing services cannot be established as permitted under subsection (B)(l), wireless communication facilities may be permitted as a special land use in non-residential zoning districts.
b. If it is demonstrated by an applicant that a wireless communication facility necessary to providing services cannot be established as permitted under subsection (B)(l) or in a zoning district identified in subsection (B)(2)a, such wireless communication facility may be considered and permitted elsewhere in the Township as a special land use, subject to the following:
1) In the application, the applicant shall demonstrate that no existing structure identified in subsection (B)(l) or location in a zoning district identified in subsection (B)(2)a, above can reasonably meet the specifically disclosed service, coverage and/or capacity needs of the applicant. Such demonstration requires identification of all structures and properties considered and a factual explanation of why they are not feasible in terms of availability, suitability, or otherwise.
2) Wireless communication facilities shall be of a ‘stealth? design, such as a steeple, bell tower, tree, or other form with substantial landscape buffering which is located and compatible with the existing character of the proposed site, neighborhood and general area, as approved by the Township taking into account any alternative designs submitted by the Applicant or identified during the review and decision process.
3) Locations outside the zoning districts identified in subsection (B)(2)a, shall be limited to the following sites:
i. Municipally-owned sites.
ii. Other governmentally owned sites.
iii. Religious or other institutional sites.
iv. Public or private school sites.
v. Other sites if: (i) not located in a residential zoning district, and (ii) no sites identified in i ? iv, above are available and suitable, as demonstrated in the application and determined by the Planning Commission.
4) The applicant’s demonstration of good faith efforts to identify and evaluate alternate sites, locations, designs, placements, or features for the proposed facility that would or could be more consistent with the ordinance purposes stated in subsection (A).
5) For each alternate site, location, design, placement, or feature for the proposed facility identified by the applicant or otherwise, the applicant’s demonstration that the proposed facility is more consistent with the ordinance purposes stated in subsection (A), and/or that such alternate is not feasible.
3. Authorization: As a Permitted Use Subject to Administrative Review.
A proposal for attached wireless communication facilities that satisfies the following criteria does not require special land use or site plan approval. Confirmation that these criteria are satisfied shall be determined by an administrative review per Section 30.01(D) and written certification by the Building Official to the construction code building official prior to issuance of any construction code permits. Such proposals shall also be reviewed for compliance with the standards and conditions in subsection (C), with the certification to identify any items of noncompliance.
a. The existing wireless communications support structure and/or wireless communications equipment compound are in compliance with this ordinance, and if not, are in compliance with a prior approval under this ordinance.
b. The proposal complies with the terms and conditions of any prior final approval under this ordinance of the wireless communications support structure and/or wireless communications compound.
c. The proposal will not increase the height of the wireless communications support structure by more than 20 feet or 10% of its original height (as first erected without any later additions), whichever is greater.
d. The proposal will not increase the width of the wireless communications support structure by more than necessary to the stated and documented purpose of the increase.
e. The proposal will not increase the area of the existing wireless communications equipment compound to more than 2,500 square feet.
C. Review Standards and Conditions.
All applications for wireless communication facilities shall be reviewed in accordance with the following standards and conditions, and, if approved, shall be constructed and maintained in accordance with such standards and conditions.
1. Facilities shall not be demonstrably injurious to neighborhoods or otherwise detrimental to the public safety and welfare.
2. Facilities shall be located and designed to be compatible with the existing character of the proposed site and harmonious with surrounding areas.
3. Facilities shall comply with applicable federal and state standards, and Federal Communications Commission’s regulations, relative to the environmental effects of radio frequency emissions.
4. Applicants shall demonstrate an engineering justification for the proposed height of the support structure, and an evaluation of alternative designs and locations which might result in lower heights. Support structures shall not exceed the minimum height necessary for collocation by at least two (2) providers, or by a larger number of providers identified and disclosed in the application as intending and contracted or otherwise committed to use of the structure. Except as needed for communication services, and regardless of the number of collocators, wireless communication support structures shall not exceed a height of 140 feet in the SF, SE, SR, R-1, R-2, and R-3 districts, 160 feet in the RM-1, RM-2, and MHP districts, and 180 feet in all other districts. The accessory building contemplated to enclose such things as switching equipment shall be limited to the maximum height for accessory structures within the respective district.
5. The minimum setback of the support structure and equipment compound from an adjacent boundary of any property shall be equal to 125% of the height of the support structure.
6. There shall be unobstructed access to the support structure and equipment compound, for police, fire and emergency vehicles, and for operation, maintenance, repair and inspection purposes, which may be provided through or over an easement.
7. The division of property for the purpose of locating a wireless communication facility is prohibited unless all zoning requirements and conditions are met.
8. The equipment enclosure may be located within the principal building, an accessory building, or in an equipment compound with landscaping and screening at least eight (8) feet in height and approved by the Township upon a demonstration by the applicant that placement of the equipment inside a building is not practical due to site or equipment conditions or constraints. If proposed as an accessory building or equipment compound, it shall conform to all district requirements for principal buildings, including yard setbacks. Where a wireless communication facility is proposed on the roof of a building, any equipment enclosure proposed as a roof appliance or penthouse on the building, shall be designed, constructed and maintained to be architecturally compatible with the principal building. Wireless communication facilities mounted upon the side of a building shall be attached flush against the building surface, and shall not be allowed to protrude more than the depth of the antenna. Such facilities shall blend into the design, contour and color scheme of the building.
9. The Township shall review and approve the architecture and color of the support structure and all accessory buildings and structures so as to minimize distraction, reduce visibility, maximize aesthetic appearance, and ensure compatibility with surroundings. It shall be the responsibility of the applicant to maintain the wireless communication facility in a neat and orderly condition. Lighting is only allowed if required by, and in compliance with the standards of, the Federal Aviation Administration, Federal Communications Commission, Michigan Aeronautics Commission, other governmental agencies, or the Township as a special use approval condition. Any such requirements and standards shall be documented by the Applicant
10. The support structure and system shall be designed to support, or capable of supporting the proposed wireless communication equipment, which shall be demonstrated by a structural analysis and certification from a registered professional engineer that identifies any modifications to an existing structure necessary to such capability.
11. Support structures shall be constructed, and maintained in accordance with all applicable building codes. Any approval or certification under this ordinance shall be subject to and conditioned on the construction code building official’s authority to require and be provided with a soils report from a geotechnical engineer, licensed in the State of Michigan, based on actual soil borings and certifying the suitability of soil conditions, and a written engineering certification from the manufacturer or designer of the support system that the support system can safely accommodate attached antennas under expected weather conditions.
12. A maintenance plan, and any applicable maintenance agreement, shall be presented and approved as part of the site plan for the proposed facility. Such plan shall be designed to ensure the long term, continuous maintenance to a reasonably prudent standard. Such plans shall include the names, pager number and email addresses, if any, business and home telephone numbers, mobile telephone numbers, if any, and identity of no fewer than two persons who can be contacted at any hour of the day or night that have full authority to act on behalf of the applicant in the event of a malfunction or emergency. Such list of persons shall be kept current by immediate written notice to the Township of any changes.
D. Application Requirements.
All of the following information and documents shall be required for a special land use, site plan, or administrative review application to be considered complete:
1. A site plan prepared in accordance with Section 30.01(E), shall be submitted, showing the location, size, screening, lighting and design of all buildings and structures.
2. The site plan shall also include a detailed landscape plan prepared in accordance with the Zoning Ordinance. The purpose of landscaping is to provide screening and aesthetic enhancement for the structure base, accessory buildings and enclosure. In all cases, fencing of a minimum of eight (8) feet in height shall be required for protection of the support structure and security from children and other persons who may otherwise access facilities.
3. The application shall include a description of security to be posted at the time of receiving a building permit to ensure removal of the facility when it has been abandoned or is no longer needed, as provided in Subsection (f). In this regard, the security shall be posted and maintained in the form of: (1) cash; (2) irrevocable letter of credit; or, (3) other security arrangement accepted by the Township Board.
4. A map or plan showing the locations and heights of existing wireless communications support structures in the Township and communities adjoining the Township, and which identifies structures the Applicant is using or has the right to use and the heights at which its antennas are or may be installed.
5. The name, address identity, home and business telephone numbers, pager number and email addresses, if any, and mobile phone number, if any, of the person to contact for engineering, maintenance and other notice purposes. This information shall be kept current by immediate written notice of the Township of any changes.
6. An application fee in an amount established by Resolution of the Township Board or as permitted by State statute.
7. Identification of the dates, nature and conditions of any prior zoning approvals or permits for the property.
8. If the application is for a new wireless communication support structure or to place or install additional wireless communications equipment on an existing support structure, a structural analysis and certification to the Township by a registered professional engineer that the structure is designed to support, or capable of supporting the proposed wireless communications equipment. Any modifications necessary to a structure being capable of supporting the proposed equipment shall be specifically identified in the analysis and certification.
9. If modifications to a wireless communications support structure are identified in a structural analysis under subsection (8) above, a written determination by the Township construction code building official that, subject to review of an actual building permit application and plans, the identified modifications would be allowed and that with the modifications, the structure would meet construction code requirements.
10. If the application is for a new wireless communications support structure or to increase the height of an existing structure, a written analysis and justification by a registered engineer that the proposed height is the minimum necessary for the provision of personal wireless services and one colocation.
11. If the application is for a new wireless communications support structure, identification of all other structures and properties considered for the proposed use and a factual explanation of why they are not feasible in terms of availability, suitability, or otherwise.
12. If the application is for a new wireless communications support structure, identification of possible alternative locations, designs, or features, whether those alternatives were considered, and if so, a factual explanation of why those alternatives are not proposed.
13. If the application is for a new wireless communications support structure non-residential zoning districts, identification and submission in written form of the evidence and arguments the Applicant will rely on in claiming that those restrictions prohibit or have the effect of prohibiting it from providing personal wireless services and that its proposal is more consistent with the ordinance purposes stated in subsection (A), than alternate sites, locations, designs, placements and features.
14. Disclosure and copies of all other required governmental permits or approvals and the status and copies of pending applications for those permits or approvals.
15. If the application is for a special land use approval, the name, expertise, and relationship to applicant of each licensed or registered professional that has or will provide evidence to support the application, with a summary of that evidence that includes any opinions expressed and the bases for such opinions.
16. For each professional opinion disclosed by the applicant as supporting the application, a statement of whether the applicant agrees that it should be subject to separate review by or for the Township, and if so, the type, scope, time, and cost of such a separate review that applicant believes would be reasonable.
17. The Applicant’s email address, fax number or address to which the Township should direct notices regarding the Application.
E. Collocation.
1. Statement of Policy.
It is the policy of the Township to minimize the overall number of newly established locations for wireless communication facilities and Wireless Communication Support Structures within the community, and encourage the use of existing structures for Attached Wireless Communication Facility purposes, consistent with the statement of purpose and intent, set forth in Subsection (A), Purpose and Intent, above. Each licensed provider of a wireless communication facility must, by law, be permitted to locate sufficient facilities in order to achieve the objectives promulgated by the United States Congress. However, particularly in light of the dramatic increase in the number of wireless communication facilities reasonably anticipated to occur as a result of the change of federal law and policy in and relating to the Federal Telecommunications Act of 1996, it is the policy of the Township that all users should collocate on Attached Wireless Communication Facilities and Wireless Communication Support Structures in the interest of achieving the purposes and intent of this section, as stated above, and as stated in Subsection (A), Purpose and Intent. If a provider fails or refuses to permit collocation on a facility owned or otherwise controlled by it, where collocation is feasible, the result will be that a new and unnecessary additional structure will be compelled, in direct violation of and in direct contradiction to the basic policy, intent and purpose of the Township. The provisions of this subsection are designed to carry out and encourage conformity with the policy of the Township.
2. Feasibility of collocation.
Collocation shall be deemed to be ‘feasible? for purposes of this section where all of the following are met:
a. The wireless communication provider entity under consideration for collocation will undertake to pay market rent or other market compensation for collocation.
b. The site on which collocation is being considered, taking into consideration reasonable modification or replacement of a facility, is able to provide structural support.
c. The collocation being considered is technologically reasonable, e.g., the collocation will not result in unreasonable interference, given appropriate physical and other adjustment in relation to the structure, antennas, and the like.
d. The height of the structure necessary for collocation will not be increased beyond a point deemed to be permissible by the Township, taking into consideration the several standards contained in Subsections (B) and (C), above.
3. Requirements for Collocation.
a. The construction and use of a new wireless communication facility shall not be granted unless? and until the applicant demonstrates that a feasible collocation is not available for the coverage area and capacity needs.
b. All new and modified wireless communication facilities shall be designed and constructed so as to accommodate collocation.
c. The policy of the community is for collocation. Thus, if a party who owns or otherwise controls a facility shall fail or refuse to alter a structure so as to accommodate a proposed and otherwise feasible collocation, such facility shall thereupon and thereafter be deemed to be a non-conforming structure and use, and shall not be altered, expanded or extended in any respect.
d. If a party who owns or otherwise controls a facility shall fail or refuse to permit a feasible collocation, and this requires the construction and/or use of a new facility, the party failing or refusing to permit a feasible collocation shall be deemed to be in direct violation and contradiction of the policy, intent and purpose of the Township, and, consequently such party shall take responsibility for the violation, and shall be prohibited from receiving approval for a new wireless communication support structure within the Township for a period of five years from the date of the failure or refusal to permit the collocation. Such a party may seek and obtain a variance from the Zoning Board of Appeals if and to the limited extent the applicant demonstrates entitlement to variance relief which, in this context, shall mean a demonstration that enforcement of the five year prohibition would unreasonably discriminate among providers of functionally equivalent wireless communication services, or that such enforcement would have the effect of prohibiting the provision of personal wireless communication services.
F. Removal.
1. A wireless communication facility must furnish reasonable evidence of ongoing operation at any time after construction.
2. A condition of every approval of a wireless communication facility shall be removal of all or part of the facility by users and owners when the facility has not been used for 180 days or more. For purposes of this section, the removal of antennas or other equipment from the facility, or the cessation of operations (transmission and/or reception of radio signals) shall be considered as the beginning of a period of nonuse.
3. The situations in which removal of a facility is required, as set forth in paragraph (2) above, may be applied and limited to portions of a facility no longer being used, by written application to and approval of the Zoning Administrator.
4. If removal of all or part of a facility is required, the property owner or persons who had used the facility shall immediately apply or secure the application for any required demolition or removal permits, and immediately proceed with and complete the demolition/removal, restoring the premises to an acceptable condition as reasonably determined by the Zoning Administrator.
5. The required removal of a facility or a portion thereof shall be lawfully completed within 60 days of the period of nonuse under paragraph (2) above. If removal is not completed within that time, after at least 30 days written notice, the Township may remove or secure the removal of the facility or required portions thereof, with its actual cost and reasonable administrative charge to be drawn or collected from the security posted at the time application was made for establishing the facility.
G. Procedures.
1. Review and administrative actions on special land use and site plan approval applications.
a. The Zoning Administrator shall promptly review special land use and site plan approval applications to determine if they are administratively complete by inclusion of all information required in subsection (D). If the application is not complete, no later than 14 business days after receiving it, the Zoning Administrator shall provide a written or electronic notice to the Appl

CLOSE OF REGISTRATION for JUNE 17, 2003 SPECIAL GENERAL ELECTION
To the Qualified Electors of Orion Township, Oakland County, Michigan:
Notice is hereby given that Monday, May 19, 2003 is the last day to register to vote or change your address for the June 17, 2003 Special General Election for Oakland County Commissioner, District 3, including Orion and Oakland Townships.
If you are not currently registered to vote or have changed your address in Orion Township,
please note the following locations and times for voter registration listed in this notice. Qualified electors may register to vote or change their address in one of the following manners:
In person:
? At the Orion Township Clerk’s office, 8:30 a.m. to 4:30 p.m., Monday through Friday, or at the office of any County Clerk during normal business hours;
? At any of the Secretary of State branch offices located throughout the State during normal business hours;
? At the specified agency for clients receiving services through the Family Independence Agency, the Department of Community Health, Michigan Jobs Commission, and some offices of the Commission for the Blind;
? At the military recruitment offices for persons enlisting in the armed forces.
By mail:
? By obtaining and completing a Mail-In Voter Registration Application at the Township Clerk’s office or at the Orion Township Library, 825 Joslyn Rd., (693-3000) and forwarding it to the election official directed on the application by the close of registration deadline. Mail-in voter registration applications may be obtained by contacting:
Jill D. Bastian, Clerk
2525 Joslyn Road
Lake Orion, Michigan 48360
(248) 391-0304, ext. 104
Note: A person who registers to vote by mail is required to vote in person the first time unless they have previously voted in person in Orion Township or are at least 60 years of age or are disabled.
Publish: 5/7/03 & 5/14/03

NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING ON WEDNESDAY, MAY 21, 2003 AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN, 48360, ON THE FOLLOWING MATTER:
PC-2003-20, BATTAGLIA SPECIAL LAND USE, LOCATED AT 4291 S. LAPEER ROAD, THE SITE IS ZONED LI-2 (LIMITED INDUSTRIAL 2). THE APPLICANT, ANTHONY BATTAGLIA, IS PROPOSING A RESTAURANT AND BOCCI BALL COURTS. SIDWELL # 09-35-200-008.
IF YOU ARE NOT ABLE TO ATTEND, YOU MAY SEND CORRESPONDENCE TO THE ORION TOWNSHIP HALL, ADDRESSED TO THE PLANNING COMMISSION, TO EXPRESS YOUR CONCERNS. A COPY OF THE SPECIAL LAND USE REQUEST IS ON FILE IN THE BUILDING DEPARTMENT AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

REGULAR MEETING,
MONDAY, FEBRUARY 3, 2003
Called regular meeting to order at 7:00 p.m.
All members present, except Fetzer.
Approved payment of bills in amount of $95,113.75.
Approved Agenda as amended.
Approved Consent Agenda, as presented.
Approved minutes of January 21, 2003 regular meeting, as submitted.
Re-appointed Niles Olsen and Susan Popelier to Board of Review for 2-year terms expiring December 31, 2004.
Postponed consideration of amendments to Personnel Policy regarding employee use of Township vehicles until February 18, 2003 meeting.
Held First Reading of proposed Uniform Traffic Code 2002 Edition Adoption Ordinance and directed Clerk to publish for Second Reading and possible adoption at the February 18, 2003 meeting.
Held First Reading of proposed State Vehicle Code Adoption Ordinance and directed Clerk to publish for Second Reading and possible adoption at the February 18, 2003 meeting.
Held First Reading of proposed Retail Fraud Ordinance Amendment and directed Clerk to publish for Second Reading and possible adoption at the February 18, 2003 meeting.
Postponed consideration of Township Personnel Needs Analysis until February 18, 2003 meeting.
Adopted resolution to set hearing for Highlander #2 Chloride Special Assessment Roll for 8:00 p.m. on Monday, March 3, 2003.
Authorized advertisement for purchase and installation of three (3) permanently mounted standby generators at three (3) sanitary sewer lift station locations, as designated.
Authorized Supervisor to notify Road Commission for Oakland County in writing that Orion Township will be participating in 2003 Tri-Party Program, of which Township will be responsible for 1/3 funding ($47,799), with designated monies to be used as follows: Heights Road Project and Indianwood/Baldwin/Coats Roundabout Project.
Postponed consideration of Buckhorn Lake Overflow Outlet Easement until future meeting.
Approved solicitation request from Yvonne Dudley, for distribution of flyers on Saturday, February 15, 2003 and collection of donations on Friday, February 21, 2003 from 5:00 p.m. until 8:00 p.m., by local teens through World Vision to benefit Orion/Oxford FISH, and waived provisions of Ord. 95, as non-profit organization.
Approved request from Orion War Memorial, Inc. for name change from Orion War Memorial to Orion Veterans Memorial.
Adopted Resolution to Commemorate 50 Years of Marriage: Doug & Dolores Brown, as presented.
Received and filed DEQ Permit Application Notice: File No. 03-63-0011-P, by Susan and Michael Campbell, to place 120 cubic yards of fill on property on Overlake Drive within 4,500 sq. ft. of wetland for construction of home and six (6) foot wide walkway to gain access to Long Lake.
Held Second Reading and adopted PC-2002-41, Text Amendments to Ord. 78, Zoning Ordinance, regarding Safety Path Regulations, as published.
Held Second Reading and adopted text amendments to Ordinance 97, Safety Path Regulation, as amended.
Held Second Reading and adopted proposed new Parks and Recreation Ordinance, as presented, and directed Clerk to publish adopted ordinance in full.
Postponed adoption of Township Gifts Policy, pending review of proposed amendments by Parks & Recreation Advisory Committee.
Postponed action on Union Church steelwork until February 18, 2003, to receive additional RFQ.
Granted conditional approval for PC-99-69(2), Indianwood Road Condos PUD eligibility and Concept Plan, date-stamped December 13, 2002, as amended, for following reasons: road connection to Fernhurst; participation in SAD’s for road and water, with PUD approval contingent upon SAD approvals; staging area for Polly Ann Trail; further, to direct comments from meeting be forwarded to Planning Commission for consideration during next phases of PUD approval process.
Authorized 2003 Household Hazardous Waste Day event on Saturday, May 10, 2003 at Eagle Valley landfill and joint contract with Onyx Environmental, Oakland Township, and Orion Township, at $54.00 per vehicle and entities named as “additional insured” by Onyx, as waste generator, with budget adjusted to $12,500, if necessary.
Authorized participation in Clinton River Watershed Council (CRWC) Proposal, with regard to Public Education Plan of Stormwater Management Phase II Permit requirements, at cost not to exceed $19,900 total, for four (4) years of commitment.
Received and filed DEQ Application for Permit to Construct Solid Waste Disposal Facility (14-acre expansion), at Eagle Valley landfill site, 600 W. Silverbell, Facility ID: 63-000026; requested evening public hearing on matter; and directed Clerk to provide written comments to DEQ prior to end of 120-day comment period on April 16, 2003, with reference to comments made at DEQ public hearing earlier in 2002 regarding this matter.
Authorized requesting RFP’s for environmental consultant to oversee construction on Eagle Valley landfill site.
Postponed HVAC System Report to future meeting.
Adjourned meeting at 11:00 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 02.05.03

ADOPTION OF ORDINANCE 78-165
AMENDMENT TO ORD. 78, ZONING ORDINANCE
ARTICLES V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV AND XXVII
SECTIONS 5.06, 6.06, 7.05(M), 8.04(M), 9.05(N), 10.05(M), 11.04(O), 12.04(N), 13.05(M), 14.05(N), 15.05(M), 16.04(N), 17.05(N), 18.04(N), 19.03(N), 20.04(N), 21.04(N), 22.04(N), 23.05(N), 24.06(M), 25.04(N) AND 27.05(D)
SAFETY PATH REGULATION
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, February 3, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 5.06, 6.06, 7.05(M), 8.04(M), 9.05(N), 10.05(M), 11.04(O), 12.04(N), 13.05(M), 14.05(N), 15.05(M), 16.04(N), 17.05(N), 18.04(N), 19.03(N), 20.04(N), 21.04(N), 22.04(N), 23.05(N), 24.06(M), 25.04(N) regarding the requirements for safety path construction, and Section 27.05(D) concerning construction of a fence or wall near a safety path; 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 Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Articles V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, and XXVII, and Sections 5.06, 6.06, 7.05(M), 8.04(M), 9.05(N), 10.05(M), 11.04(O), 12.04(N), 13.05(M), 14.05(N), 15.05(M), 16.04(N), 17.05(N), 18.04(N), 19.03(N), 20.04(N), 21.04(N), 22.04(N), 23.05(N), 24.06(M), 25.04(N) and 27.05(D) are amended by placing the hereinafter described language in the Article as follows:
Section 5.06 – Safety Path and Sidewalk Requirements
Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required of all developers in conjunction with the development of parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97. The sidewalks shall conform to the requirements of Ordinance 97.
Section 6.06 – Safety Path and Sidewalk Requirements
Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required of all developers in conjunction with the development of parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97. The sidewalks shall conform to the requirements of Ordinance 97.
Section 7.05 – Required Conditions
M. General
1. [unchanged]
2. Sidewalks
c. Sidewalks and secondary walkways constructed pursuant to this section shall otherwise be constructed in accordance with Ordinance 97.
3. Recreation Open Space
e. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required of all developers in conjunction with the development of parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06(F) and Ordinance 97.
Section 8.04 – Required Conditions
M. General
7. Sidewalks
c. Sidewalks and secondary walkways constructed pursuant to this section shall otherwise be constructed in accordance with Ordinance 97.
10. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06(F) and Ordinance 97.
Section 9.05 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 10.05 – Required Conditions
M. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 11.04 – Required Conditions
O. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 12.04 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 13.05 – Required Conditions
M. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 14.05 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 15.05 – Required Conditions
M. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 16.04 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 17.05 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 18.04 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 19.03 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 20.04 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 21.04 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 22.04 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 23.05 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 24.06 – Required Conditions
M. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 25.04 – Required Conditions
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
Section 27.05 – Landscaping, Fences, and Walls
D. Residential Fence and Wall Regulations.
Where permitted or required in this Ordinance, fences and walls in residential districts shall be subject to the provisions set forth in this section:
1. Lot Enclosures. Fences and walls used to enclose a lot shall be no higher than four (4) feet in height and shall be located on the lot line, unless otherwise required by the Township, due to existing improvements which abut the property line.
SECTION 2 of Ordinance
Amended only as specified above in this Ordinance, the Zoning Ordinance shall remain in full force and effect.
SECTION 3 of Ordinance
Any and all criminal or civil proceedings initiated by the Township and pending, and all vested rights on the effective date of this Ordinance, are saved and may be consummated according to the law and ordinance enforced at the time they were commenced.
SECTION 4 of Ordinance
The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication. If the notice of intent is filed within (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication. If an adequate petition is filed within thirty (30) days of publication, the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined. A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen (15) percent of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.
SECTION 5 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 6 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.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.05.03

ADOPTION OF ORDINANCE 97-4
AMENDMENT TO ORD. NO. 97
SAFETY PATH REGULATION,
SAFETY PATHS AND SIDEWALKS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, February 3, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending Ordinance No. 97, Safety Path Regulation, as previously amended, for the Charter Township of Orion, Michigan; changing the text in Sections 2, 3, 4, 5, 6, 7, 8, 10, 14, and Exhibit 1; adding Sections 8, 9, and 10; and renumbering Sections 8 to 11 as Sections 11 to 14, for the purpose of adding definitions and to provide further provisions with regard to the construction and maintenance of safety paths and sidewalks; providing for repeal of conflicting ordinances and portions thereof; and providing an effective date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
The following sections of Ordinance 97, Safety Path Regulation, are amended, as follows. Sections or subsections not referenced are not changed.
Section 2. Purpose
The purpose of this Ordinance shall be:
1) In the consideration and enactment of the Ordinance from which this section derives, the Township Board finds that there are public safety paths which are part of the Township system intended for general public use during times when accumulations of snow and/or ice are not on the safety paths; and, that there are sidewalks that are not part of the Township’s system of safety paths as shown on the official safety path map, maintained by the Township. It is the intent of the Township Board to finance the maintenance and repair of safety paths from the Safety Path Fund, and to finance needed maintenance and repair of sidewalks by special assessment.
2) [unchanged]
3) [unchanged]
4) [unchanged]
5) [unchanged]
6) [unchanged]
7) [unchanged]
Section 3. Definitions
(A) The following words and phrases, when used in this ordinance, shall have the meanings respectively ascribed to them in this section:
Condition of Disrepair – Having any one or more of the following characteristics; provided, however, that the existence of any one or more of these characteristics shall not create a presumption or other indication that such characteristics were the cause of any injury or damage which may occur:
(1) Hole – Place where the surface is missing;
(2) Gap – Separation of material proportion on the surface of the safety path or sidewalk itself or between the safety path or sidewalk and the adjacent surface;
(3) Rise or Drop – Abrupt change in grade where one surface vertically separates from an adjacent surface;
(4) Tilt – Incline where the safety path or sidewalk surface has rotated and is no longer oriented in gradient or cross slope;
(5) Swell or Depression – Place where the surface undulates due to uplift or subsidence of underlying materials;
(6) Object or Debris – Obstruction that covers some or all of the surface of the safety path or sidewalk;
(7) Suspension – Object or material hanging over the surface of the sidewalk or safety path below a height of eight and one-half (8.5) feet.
Developer – An owner who is causing property to be developed, except for an owner who is constructing or causing to be constructed a single-family dwelling on a lot in a single-family residential district.
Existing Fixed Object ? An object that cannot be easily moved without the assistance of mechanical tools and/or without causing destruction to the property to which it is attached, including, but not limited to, buildings, driveways, utility poles, and fences.
Owner – A natural person, firm, association, partnership, corporation or other legal entity or combination of them which may hold any ownership interest in land whether recorded or not.
Pathway – For purposes of this Ordinance only, the term “pathway” shall be synonymous with the term “safety path”.
Person – A natural person, firm, association, partnership, corporation or other legal entity.
Road, Public ? A road accepted by dedication or otherwise by the Road Commission for Oakland County.
Safety Path – (See Sidewalk and Safety Path)
Sidewalk and Safety Path shall be synonymous in terms of their basic substantive meaning, being a constructed surface located in a public right-of-way, but separate from any improved portion of a roadway or highway, dedicated primarily for use by pedestrians and persons operating non-motorized vehicles. For purposes of regulation under this Ordinance only, sidewalks and safety paths shall be broken into two (2) sub-classifications, as follows:
(1) A safety path shall mean a certain type of sidewalk constructed for the benefit of the general public in the Township, as shown on the official safety path map maintained by the Township. The use of the term “safety path” itself does not mean, and shall not be construed or relied upon in any way as meaning, that such safety paths are inherently safe or in a safe condition. Instead, the reference to “safety” in the labeling of such paths is nothing other than a reference to the fact that such pathways are typically considered to be safer for pedestrians to use than the improved portions of road on which motor vehicles travel.
(2) Sidewalk shall mean and refer to all other constructed surfaces located in the public right-of-way dedicated primarily for pedestrian usage, not including those sidewalks being referenced above as “safety paths,” and constructed primarily as dedicated pedestrian paths within subdivisions or adjacent to street lots.
Street Lots – One or more lots which are not part of a formally created subdivision, but which are part of a neighborhood where a sidewalk has been constructed to serve the lots within such neighborhood.
Subdivision – The lots, units, and other areas which are part of a development platted under the Michigan Land Division Act (or predecessor Act) or created under the Condominium Act.
(B) Terms not expressly defined above shall have their customary dictionary meanings, taking into consideration the context and intent of this Ordinance.
Section 4. Safety Path Development
This plan shall guide all the development of a system of planned safety paths in the Township and shall be updated from time to time as an amendment to, or in conjunction with, the Master Plan.
Section 5. Safety Path Plan Implementation / Developer’s Responsibilities
A. All developers of property along either side of a public roadway shall construct a pathway when they develop their property, in accordance with the standards outlined in this Ordinance.
B. In lieu of constructing the pathway, and only with the recommendation of the Planning Commission and Safety Path Advisory Committee and approval of the Township Board, a developer may be allowed to pay to the Township a sum of money equivalent to the actual cost of construction of the path, including permit, engineering, and inspection fees. Except as otherwise provided below, the actual cost of construction, including fees, shall be determined by the Township Engineer, and shall be based on recent bids received by the Township for similar types of path construction. The Township Board, upon recommendation of the Safety Path Advisory Committee, may accept a lesser amount of money from a developer only in the situation where the developer’s respective section of safety path is either not included in the Safety Path Master Plan, or deemed to be not necessary by the Safety Path Advisory Committee and Planning Commission.
C. Unless the Township Board has allowed a developer to pay a sum of money to the Township in lieu of constructing a pathway under Subsection 5(B), construction of the safety path shall be completed for each phase (if applicable) prior to the issuance of a final Certificate of Occupancy for any building structure located on the parcel in which the safety path is to be located. The developer shall be responsible for securing all necessary permits, paying all necessary fees, and obtaining necessary inspections from Orion Township, the Road Commission for Oakland County, and/or the Michigan Department of Transportation.
In order to ensure completion of the path, the developer shall deposit cash, an irrevocable letter of credit, or other equivalent security approved by the Township Board in an escrow account, in the amount of the estimated cost of the safety path plus ten percent (10%) to guarantee the completion of such path. The cost estimate shall be approved by the Township Engineer. The escrow amount to be posted by the developer under this subsection shall be in addition to the performance bond required under Subsection 5(E), unless covered by the site performance guarantee per Article XXX, Section 30.11 of Ordinance 78. The escrow amount shall be returned to the developer upon completion of the safety pathway and approval by the Township Engineer and Building Official.
D. Anyone constructing a safety path in Orion Township shall first obtain a permit from the Township, using forms provided by the Township Building Department. A Township review escrow shall be established in accordance with the Schedule of Fees & Escrow Charges, for applicable portions of site plan review, and shall be deposited with the Township along with plan submittal. The permit fee shall be one-half of one (.5%) percent of the construction cost, as agreed upon by the Township Engineer and the developer, but not fewer than One Hundred ($100) Dollars. Also Five Hundred ($500) Dollars shall be placed in escrow, per 1,000 feet of pathway ($500 minimum), toward the anticipated cost of three inspections. Any unused portion of such escrows shall be returned to the developer.
E. In addition to the above construction, permit, and inspection fees, the developer shall place, with the Township, a cash performance bond in the amount of twenty-five percent (25%) of the estimated cost of the safety path construction, as agreed upon by the Township Engineer and the developer, to be placed in the Township’s Safety Path Maintenance Fund and to be held for one (1) year following the final inspection of such path by the Township Engineer. At the expiration of the one (1) year period, the bond will be reimbursed to the developer, provided that no damage has been done to the safety path by construction activities and that the path is in essentially the same condition as it was at the time of final inspection by the Township Engineer.
Section 6. Safety Path Construction Standards
Safety paths shall be constructed according to the following standards and specifications:
A. All construction shall comply with the requirements of the Road Commission for Oakland County where it is feasible and practicable. (See Exhibit 1)
Specifically:
B. All safety paths shall be eight (8) feet in width, and shall be built in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guidelines, subject to Subparagraph E, below.
C. Safety paths shall be at least three (3) inches thick and made of asphalt over a four (4) inch aggregate base of 21AA or as approved by the Township Engineer. Existing subgrade must be compacted and treated with soil sterilant.
D. [unchanged]
E. Where unique and peculiar circumstances are present, such as extreme topography, dense mature trees and/or wetlands, and/or existing fixed objects, the Planning Commission, as a part of the site plan review process, shall be authorized to vary the location and/or specifications of safety path construction so as to minimize or avoid a safety hazard and/or adverse impact upon natural features. Moreover, during the course of construction, the Township Supervisor may authorize the Township Engineer to work with the developer in the field and permit minor deviations, in the interest of safety and natural feature preservation, and provide for orderly development of a coordinated network of safety paths. Any and all required approvals from other governmental agencies shall be obtained by the developer with respect to all variances permitted by the Township.
F. Safety paths shall be constructed within the road right-of-way, one (1) foot off the property line, and three (3) feet from any existing fixed object.
Section 7. Safety Path Maintenance
A. [unchanged]
B. The developer of real property across which a safety path traverses shall be responsible for the following maintenance:
1. Repair of surface cracks, upheaval, or deterioration.
2. Any damage caused by the elements or any person during the duration of the one (1) year period.
C. [unchanged]
D. [unchanged]
E. Any person who negligently, intentionally, or maliciously causes damage to the safety path shall be responsible for either one of the following:
1. repair and/or replacement of the affected portion of the safety path, or
2. the cost of repair to the safety path.
Should the responsible person choose to repair and/or replace the safety path, said repair shall be made to the standards in Section 6, within ninety (90) days, weather conditions permitting, following issuance of a Township construction permit.
If the responsible person opts to pay the cost of repair, notice of the actual cost of such repair shall be sent to the responsible person by the Township Clerk, with a demand for payment. If said person fails to pay such costs within thirty (30) days after notice, the Township Board may authorize civil action to collect such costs.
Upon repair and/or replacement of the damaged safety path, the responsible person shall maintain the applicable section of safety path for a period of one (1) year. This requirement may be waived in situations where a minor section of the safety path has been repaired and/or replaced upon petition to the Township Board, based on the recommendation of the Safety Path Advisory Committee.
F. [unchanged]
G. Removal of Animal Excrement Required.
It shall be unlawful for any owner of a dog or cat to allow or permit such dog or cat to soil, defile, defecate, or to commit any nuisance on a public thoroughfare, sidewalk, passageway, bypass, play area, park or any place where people congregate or walk, or upon public property whatsoever, or upon any private property without permission of the owner of such property unless:
1. Such owner shall immediately remove all droppings deposited by such dog or cat by any sanitary method, and for such purposes shall possess a container of sufficient size to collect and remove the above mentioned droppings and exhibit the container, if requested by any official empowered to enforce this Ordinance; and
2. Such owner shall deposit said droppings or container of droppings in a toilet or a receptacle ordinarily used for garbage and covered by a lid or in an otherwise lawful and sanitary manner.
SECTION 2 of Ordinance
The following sections shall be added as new sections to Ordinance 97, Safety Path Regulation:
Section 8. Sidewalk Maintenance
A. The Township Board, pursuant to MCL 41.288a, may order the maintenance or repair of sidewalks in the Township because of health, safety, or general welfare of the residents of the Township.
B. The following regulations shall apply to sidewalks in the Township:
1. If the Township Board tentatively determines that maintenance or repair of sidewalks within a subdivision and/or adjacent to one or more street lots may be necessary due to being in a condition of disrepair, or due to one or more other identified reasons:
a. The Township shall obtain the approval of the Michigan Department of Transportation or of the Road Commission for Oakland County with regard to undertaking the maintenance and/or repair of sidewalks in a right-of-way within their respective jurisdiction.
b. A plan and cost estimate for maintenance and repair shall be prepared, along with an assessment roll based upon such cost estimate, allocating the cost of the project, including the cost of inspection, engineering, legal, finance and administration, to the properties involved (e.g., the properties within the subdivision), and a notice of a public hearing shall be sent to owners of such lots, units and parcels. The notice shall include a basic description of the project, the cost estimate, and the tentative assessment amount, and shall be sent by first class mail to the last known address of the owner of the properties based upon the current tax assessment records in the Township.
2. Following the public hearing, if the Township Board determines that the maintenance and/or repair of certain sidewalks is necessary due to being in a condition of disrepair, or due to one or more other identified reasons, the Board may adopt a resolution confirming the assessment roll and determining to contract for such maintenance and/or repair, and assess the costs to the properties involved in proportion to the respective benefits received, payable in five (5) annual installments, with interest; provided, however, prior to entering into such contract, the Township Board may, if requested in writing by persons representing a number of properties within the area to be assessed deemed sufficient by the Township Board, provide an opportunity within a reasonable time set by the Township or the respective property owners involved to have the sidewalks maintained and/or repaired at their own expense, according to specifications directed by the Township.
3. A notice of assessment shall be sent to each property involved following entry into a contract for the maintenance and/or repair. If the amount of the contract is more or less than the cost estimate, the amount of the assessment upon each property shall be adjusted accordingly; provided, however, if the cost difference is more than ten percent (10%) higher than the estimate, the contract shall not be entered into, and the assessment shall not be finalized unless and until a new public hearing is noticed and held by the Township Board in the manner provided above.
C. Assessments established under this Ordinance shall constitute a lien upon the property assessed and shall be collected, and delinquent assessment payments shall accrue interest and penalties, as provided for in Public Act No. 188 of 1954, as amended.
Section 9. Private Maintenance and/or Repair of Sidewalks
A. If an area of sidewalk is in a condition of disrepair resulting from the actions of one or more private property owners, such owner or owners shall repair such area of sidewalk. For purposes of this section, “actions” shall include, but shall not be limited to: surface drainage; on-site construction; vehicular traffic; and other site activities and actions resulting in a condition of disrepair. All repairs shall be made within ninety (90) days, weather permitting, following issuance of a Township construction permit, and in accordance with the standards in Section 6. The following sections shall also apply if a responsible person opts to repair and/or replace a damaged section of safety path under Section 7(E).
B. If damage or injury is caused as a result of a failure to promptly repair a condition of disrepair, as stated in Subsection A of this section, above, and if the Township had previously provided notice of the condition of disrepair and allowed an opportunity for hearing before the Township Board, or the Board’s designee, the owners to whom such notice was sent shall be liable to the Township for any damages, costs and expenses incurred by the Township, including reasonable attorney fees expended by the Township.
C. In addition to the above, the Township Board, pursuant to MCL 41.288a, may order the repair of such sidewalk or safety paths by the persons whose actions resulted in a condition of disrepair; and, if such repair is not made within the time stated in the order of the Township Board, and the sidewalk or safety path is within reasonable proximity of the property owned by the breaching party, the Township may proceed with the repairs and recover all costs and expenses incurred by the Township, plus a reasonable administrative fee, by assessing the property of the owner or owners who failed to make the repairs required under this section. Such assessments shall be made in accordance with the procedure specified, above, in this section. If the party failing to make the required repair does not own the property within reasonable proximity of the sidewalk or safety path to be repaired, the Township may seek recovery of all costs and expenses, including reasonable administrative costs and attorney fees, by any lawful means.
D. As a condition to any recovery for injuries sustained by reasons of any defective sidewalk or safety path, the injured person shall serve notice upon the Township within the time and in the manner prescribed by law (MCL 691.1404).
Section 10. Prohibition of Obstruction of Sidewalks and Safety Paths
A. No person shall obstruct, or cause or permit the obstruction of any sidewalk or safety path in the Township by the placement on such sidewalk or safety path of any object, debris or material of any kind or nature, or by suspending any sign, object or material within eight and one-half (8.5) feet above a sidewalk or safety path. This provision is not intended to create an obligation to modify natural accumulations of snow or ice.
B. Subsection A shall not apply in circumstances in which a person is temporarily loading or unloading a vehicle adjacent to the property, if such person has, if reasonably required, secured a device reasonably calculated to warn users of the sidewalk or safety path of the obstruction so as to avoid injury and/or damage.
SECTION 3 of Ordinance
The following sections of Ordinance 97, Safety Path Regulation, shall be modified and renumbered, as follows:
Section 11. Safety Path Signage
The Safety Path Advisory Committee may develop in conjunction with the Safety Path Plan, a plan for signage along each section of pathway as it is proposed for construction. The Committee may require signs under the following circumstances and for the following reasons:
The standards for signs, including, but not limited to, sign size, material, location in relation to the pathway as well as the roadway, height, and method of installation, shall be in accordance with established Road Commission for Oakland County sign standards. (See Exhibit 1)
Section 12. Severability
[unchanged]
Section 13. Violation and Penalties
H. Lien Against Land, Building, or Structure.
1. If a defendant does not pay a civil fine or costs or installment ordered under Subsection A or B within thirty (30) days after the date upon which the payment is due for a violation of this Ordinance involving the use or occupation of land or a building or other structure, the Township of Orion may obtain a lien against the land, building, or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the Register of Deeds for Oakland County. The court order shall not be recorded unless a legal description of the property is incorporated in, or attached to, the court order.
2. The lien is effective immediately upon recording of the court order with the Register of Deeds.
3. The court order recorded with the Register of Deeds shall constitute the pendency of the lien. In addition, a written notice of the lien shall be sent by Orion Township by first class mail to the owner of record of the land, building, or structure at the owner’s last known address.
4. The lien may be enforced and discharged by Orion Township in the manner prescribed by its Charter, by the General Property Tax Act, Act No. 206 of the Public Acts of 1893, being Sections 211.1, et seq., of the Michigan Compiled Laws, or by an ordinance duly passed by the Township. However, property is not subject to sale under Section 60 of Act No. 206 of the Public Acts of 1893, being Section 211.60 of the Michigan Compiled Laws, for non-payment of a civil fine or costs or an installment ordered under Subsections A or B unless the property is also subject to sale under Act No. 206 of the Public Acts of 1893 for delinquent property taxes.
5. A lien created under this section has priority over any other lien unless one or more of the following apply:
a. The other lien is a lien for taxes or special assessments.
b. The other lien is created before the effective date of the amended ordinance that added this section.
c. Federal law provides the other lien has priority.
d. The other lien is recorded before the lien under this section is recorded.
6. The Township may institute an action in a court of competent jurisdiction for the collection of the fines and costs imposed by a court order for a violation of this Ordinance. However, an attempt by the Township to collect the fines or costs does not invalidate or waive the lien upon the land, building, or structure.
7. A lien provided for by this subsection shall not continue for a period longer than five (5) years after a copy of the court order imposing a fine or cost is recorded, unless within that time an action to enforce the lien is commenced.
Section 14. Effective Date
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 4 of Ordinance
The following section of Ordinance 97, Safety Path Regulation, shall be modified by adding text, as follows:
Exhibit 1
I. Minimum Guidelines
Path Depth ? 3″ of asphalt over 4″ of aggregate
SECTION 5 of Ordinance
All other provisions of Ordinance 97, Safety Path Regulations, shall remain in full force and effect, amended only as provided above.
SECTION 6 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 7 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective date of this Ordinance, and any enforcement action or prosecution is hereby saved.
SECTION 8 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 9 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.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.05.03

ADOPTION OF ORDINANCE 132
PARKS AND RECREATION ORDINANCE
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, February 3, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance to regulate the use of Township parks by residents; to provide for enforcement of the provisions of the ordinance; and to provide an effective date hereof.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of the Ordinance
Section 1 – SHORT TITLE
This Ordinance shall be known and may be cited as the “Parks and Recreation Ordinance”.
Section 2 – INTENT AND PURPOSE
The intent and purpose of this Ordinance is to regulate the use of Township parks, to provide for enforcement of the provisions of the ordinance, and to establish the composition and the powers and duties of the Parks and Recreation Advisory Committee.
Section 3 – GENERAL PROVISIONS
A. Definitions.
For the purpose of this Ordinance, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
1. Code Enforcement Officer. The official designated by the Township, charged with the responsibility of enforcing this Ordinance.
2. Director. Director of Parks and Recreation, or their designee, to whom all park staff are responsible.
3. Motor Vehicle. Every vehicle which is self-propelled that is not operated on rails.
4. Park Staff. Any employee of the Township whose job functions include maintaining, repairing or supervising a park or whose job functions include enforcing this Ordinance, including park rangers.
5. Park. A park, playground, beach, recreation center or any other area owned, used, leased by the Township and devoted to active or passive recreation.
6. Public Place. Any structure, building, alley, street, house, hall, room, or other place to which the public has access.
7. Vehicle. Any wheeled conveyance, whether motor powered, animal-drawn, or self-propelled. Exception is made for baby strollers and vehicles in the service of the Township Parks and Recreation Department.
8. Resident. Any person who resides within the corporate boundaries of Orion Township.
9. Special Events. An event scheduled through and sponsored by the Township Parks and Recreation Department.
10. Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground.
B. Park Operating Policy.
1. Regular Park Hours. Township parks shall be open daily to the public between the hours of 7:00 a.m. and 11:00 p.m. Unless otherwise posted, no person shall occupy or be present in any park when it is closed; provided that Township personnel, police officers on official duty, other Township officers or employees on park duty, or other persons with special permits from the Parks and Recreation Department, who are conducting Township business, are not so restricted.
2. Special Events Hours. The Director of Parks and Recreation is authorized to extend the hours of operation for any park in the Township for special events. The Director’s authority to extend the hours of operation of the park must be made in writing, and the Director shall maintain a record of such authorization in a permanent file to be kept in the Director’s office, with a copy in the Supervisor’s office.
3. Closure of Park Areas. Any section or part of any park may be declared closed to the public by the Director at any time, and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), and either entirely or only to certain specified uses, as the Director shall find reasonably necessary. Areas closed by the Director shall be clearly identified as being closed.
4. Park Permits. Any organized club, school, association or group desiring the use of specific areas of any park, such as picnic areas, athletic fields, or pavilions, shall file an application with the Parks and Recreation Department, and shall not use said park or area until said permit is granted. The use of the park shall be limited to the capacity of the park.
a. Special Permits, Agreements, and Contracts. Any organized club, school, organization, association, or recognized group desiring to use a portion of the park system for money-raising affairs, whether to cover the cost of operation or for profit, shall file an application with the Parks and Recreation Department. Such group shall pay fees, charges, rents, or percentages, as required by the Department for such activities and events. The application must designate the portion of the park desired, where ticket sales will be set up or money is to be collected, and the charge per person or other unit of measurement. The application must be approved by the Township Board. Any fees for the permit may be waived or refunded at the discretion of the Township Board.
b. Exclusive Use of Park. No permits shall be issued for the exclusive use of any park and no permittee shall exclude the public from the park, charge any admittance fee, sell tickets or otherwise require anyone to pay any fee for entering any park, except as provided in Paragraph (4)(a), above.
c. Granting of Permits. The authority for granting permits is hereby vested in the Director of Parks and Recreation (or in the absence of the Director, the Township Supervisor), or their designee.
d. Clean-Up by Permittee. All permits shall require the permittee to clean up the park area after the activity has terminated and all applications for permits must give the name, address, and telephone number of the permittee responsible for the necessary policing thereof. The permittee shall be required to pay a security deposit, which is refundable unless the area is damaged, loss of equipment is incurred, and/or there is improper clean-up. If permittee fails to clean the facility to the satisfaction of the Township, the Township shall use permittee’s security deposit for clean-up purposes. If the security deposit does not cover the costs required to clean the park area that had been permitted for use, the Township may, at its discretion, outsource the clean-up and bill the permittee.
e. Honoring Special Permits. All persons shall honor any special permits issued by the Parks and Recreation Department for certain areas, days, and times to clubs, organizations, teams, or any other groups, including but not limited to picnic grounds and athletic fields, provided such permit is presented on official Parks and Recreation Department forms.
C. Enforcement.
1. Officials. The Director and park staff shall take such actions as are necessary for the enforcement of this Ordinance consistent with Township ordinances and State law. In addition to the Oakland County Sheriff’s Department, and the Code Enforcement Officer, park staff shall have the power to issue warning notices for any violations of this Ordinance.
2. Ejection. The Director and park staff shall have the authority to eject for a period of twenty-four (24) hours from the Township park any person who violates this Ordinance. Repeated violations of this Ordinance may result in permanent ejection from any Township park. Ejection reports shall be filed in the Parks and Recreation Department, with a copy in the Supervisor’s office.
3. Seizure of Property. The Director and any park staff shall have the authority to seize and confiscate any property, thing, or device in the park used in violation of this Ordinance.
D. Fees.
Parks and recreation use fees shall be set by the Township Board of Trustees, upon recommendation of the Parks and Recreation Advisory Committee.
E. Gifts.
The solicitation and receipt of gifts and donations for use by Township parks and recreation shall be governed by the Township gifts policy. Gifts or donations valued at more than $2,000 (cash) / $3,000 (in-kind) must be approved by the Township Board.
F. Non-Discrimination.
All Township parks and recreation activities and facilities shall be administered on a non-discriminatory basis.
Section 4 – ACTIVITIES BY PERSONS IN PARKS
A. Park Property.
1. Buildings and Other Property.
a. Disfiguration and Removal. No person in a park shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any buildings, bridges, tables, benches, fireplaces, railings, paving or paving materials, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever.
b. Restrooms and Washrooms. Users of park bathroom facilities shall maintain same in a neat and sanitary condition.
c. Removal of Natural Resources. No person in a park shall dig, or remove any sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, flowers, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency.
d. Erection of Structures. No person in a park shall construct or erect any building or structure of any kind whatsoever, whether permanent or temporary in nature, or run or string any public service utility into, upon, or across such lands, except with a special written permit issued hereunder.
2. Trees, Shrubbery, Lawns.
a. Injury and Removal. No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any device, rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
b. Climbing. No person in a park shall climb any building or walk, stand or sit upon monuments, fountains, railing, fences or upon any other property not designated or customarily used for such purposes.
3. Wild Animals, Birds, Etc.
a. Hunting. No person in a park shall molest, harm, frighten, kill, trap, chase, tease, shoot or throw projectiles/missiles at any animal, reptile, or bird; nor shall anyone remove or have in their possession the young of any wild animal, or the eggs, nest, or young of any reptile or bird.
b. Feeding. No person in a park shall give or offer, or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substances, or feed any water fowl of any kind.
4. Glass Containers. No person in a park shall bring or use glass containers within the park.
B. Sanitation.
1. Pollution of Waters. No person in a park shall throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, or other body of water, including wetlands, in or adjacent to any park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
2. Refuse and Trash. No person in a park shall bring in or dump, deposit, or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, lawn waste, garbage, or refuse, or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park, or left anywhere on the grounds thereof. All fires shall be extinguished and coals deposited in designated receptacles at the conclusion of a permitted activity and prior to leaving a park area.
C. Traffic.
1. State Motor Vehicle Laws Apply. All persons on Township park property shall comply with all applicable provisions of the Michigan Motor Vehicle Code, in regard to equipment and operation of motor vehicles together with such regulations as are contained in this Ordinance and other Township ordinances.
2. Enforcement of Traffic Regulations. All persons on Township park property shall obey all traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations, and such supplementary regulations as may subsequently be issued by the Director.
3. Obey Traffic Signs. All persons on Township park property shall observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property.
4. Speed of Vehicles. No person in a park shall ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon such roads as the Director may designate, by posted signs, for speedier travel.
5. Operation Confined to Roads. No person in a park shall drive any motorized vehicle on any area except the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the Director, except authorized Township, Oakland County Sheriff’s Department, and authorized utility company vehicles.
6. Parking.
a. Designated Areas. No person shall park a vehicle in other than an established or designated parking area, and such use shall be in accordance with posted directions or with the instructions of any attendant who may be present.
b. Storage of Vehicles. No person in a park shall park or store any motor vehicle overnight in any park owned by the Township without written permission of the Director. The vehicle will be towed by the Township or Township contractor at the owner’s expense.
c. Immovable Vehicles. No person in a park shall leave any vehicle anywhere in the park with one or more wheels chained, or with motor set in gear and doors locked, or in any manner fixed or arranged so that such vehicle cannot readily be moved by hand. The vehicle will be towed by the Township or Township contractor at the owner’s expense.
d. Emergency Procedure. Park users shall immediately notify a member of the park staff of an emergency in the nature of a breakdown requiring a tow truck, mechanic or other similar assistance.
e. Double-Parking. No person shall double park any vehicle on any road or parkway unless directed by a park official.
f. Muffler Required. Motor vehicles in use in any park shall be equipped with a muffler adequate to deaden the sound of the exhaust system in the motor vehicle.
g. Towing.
i. Authority Granted. Deputies of the Oakland County Sheriff’s Department are hereby authorized to remove and tow away by a commercial towing service any motor vehicle parked in violation of this Ordinance, which violation is declared to be a nuisance.
ii. Impounding. Motor vehicles towed away for illegal parking shall be stored.
iii. Payment of Fine and Charges. Motor vehicles so towed away for illegal parking or storage shall be restored to the owner or operator of such motor vehicle upon payment of the fine as provided in Section 6 and reasonable towing and storage charges.
7. Bicycles.
a. Confined to Roads. No person in a park shall ride a bicycle on other than the paved vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.
b. Operation. Bicyclists shall at all times operate their bicycles with reasonable regard for the safety of others, signal all turns, pass to the right of any vehicle they are overtaking, and pass to the right of any vehicles they may be meeting.
c. Rider Prohibited. No person in a park shall ride with more persons on a bicycle than the bicycle was designed to accommodate.
d. Designated Racks. No person in a park shall leave a bicycle in a place other than a bicycle rack, when such is provided and there is a space available.
e. Immobile. No person in a park shall leave a bicycle lying on the ground or paving or set against trees, or in any place or position where another person may trip over or be injured by said bicycle.
f. Night Operation. No person in a park shall ride a bicycle at night without an attached headlight and without a taillight or reflector plainly visible.
8. Unsafe Operation of Vehicle. No person in a park shall operate a vehicle as defined by this Ordinance in an unsafe manner.
9. Other Vehicles. Any unlicensed vehicles or “all-terrain vehicles,” or snowmobiles are prohibited from use in any park, unless authorized by the Director of Parks and Recreation and designated in certain areas.
10. Roller Skating (Blading) or Coasting. It shall be unlawful to use roller skates (blades), a skateboard, hand sled, bobsled, cart or to operate any other vehicle on wheels or runners, except on designated pathways or areas. Such vehicles shall be operated in a safe manner and proper safety equipment must be utilized.
D. Recreational Activities.
1. Hunting, Trapping, and Firearms. Hunting, trapping, or the use of firearms on Township park property shall be in accordance with Michigan Department of Natural Resources (DNR) regulations.
2. Picnic Areas and Use. No person in a park shall:
a. picnic or lunch in a place other than those areas designated for that purpose. Park staff shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given by park staff to achieve this end.
b.violate the regulation that use of the individual grills, together with tables and benches, follows generally the rule of “First come, first served.”
c. leave a picnic area before the cooking grill is completely extinguished, and coals are placed in the proper receptacle, and before all trash in the nature of boxes, papers, cans, bottles, garbage, and other refuse is placed in the disposal receptacles provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker to be properly disposed of elsewhere.
3. Camping. Unless special permission is granted by the Director, no person shall set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, nor may any person leave, in a park after closing hours any movable structure, or special vehicle to be used or that could be used for such purposes as house trailer, camp-trailer camp wagon, or the like.
4. Games. No person shall take part in or allow the playing of any games involving thrown, or otherwise propelled objects such as balls, stones, arrows, javelins, or model airplanes except in areas set apart for such forms of recreation. The playing of comparatively dangerous games such as, but not limited to, football, baseball, soccer, golf and softball is prohibited except on the fields and courts or areas provided therefore.
5. Fishing. No park user may fish in any waters, using hook-and-line, net, trap, or other device, except in waters designated by the Director for that use and under such regulations and restrictions as have been or may be prescribed by the Director.
E. Prohibited Behavior.
1. Intoxicating Beverages and Illegal Substances. No person in a park may be under the influence of intoxicating beverages or controlled substances while on park property. No person shall possess or consume beer, wine, or other alcoholic beverages or illegal substances within any park property.
2. Fireworks and Explosives. No person in a park shall bring in, or have in his/her possession, or set off, or otherwise cause to explode or discharge or burn, any firecrackers, rocket or other fireworks or explosives of inflammable material, or discharge them, or throw them into any such area from land, or highway adjacent thereto. This prohibition includes any substances, compound, mixture, or article that in conjunction with any other substance or compound, would be dangerous from any of the foregoing standpoints.
3. Animals.
a. Animals are not allowed on playgrounds or athletic fields.
b. Dogs. All dogs shall be restrained at all times by adequate leashes unless in a designated no-leash area and able to meet the requirements of voice and sight control. In designated no-leash areas, pet owners are required to exercise control of their dog, so that the dog does not:
i. charge, chase or display aggression towards any person, or behave in a way that any reasonable person may find harassing or disturbing.
ii. charge, chase or display aggression towards any other dog.
iii. charge, chase or disturb wildlife or livestock.
iv. fail to come to and stay with the owner or keeper immediately upon command by that person.
An owner must have a leash in the owner’s possession at all times. No more than two (2) dogs may be under voice and sight control per owner or keeper at any time. Failure to have control of a dog may result in issuance of a court summons for a dog observed running, threatening, or endangering persons, wildlife, or livestock.
c. Other Animals. It shall be unlawful to ride, lead, or cause to allow a horse or other animal to be in any park or any portion thereof posted against such use, unless permitted by the Director.
d. Removal of Animal Excrement Required.
It shall be unlawful for any owner of a dog or cat to allow or permit such dog or cat to soil, defile, defecate, or to commit any nuisance on a public thoroughfare, sidewalk, passageway, bypass, play area, park or any place where people congregate or walk, or upon public property whatsoever, or upon any private property without permission of the owner of such property, unless:
i. such owner shall immediately remove all droppings deposited by such dog or cat by any sanitary method and, for such purposes, shall possess a container of sufficient size to collect and remove the above mentioned droppings and exhibit the container, if requested by any official empowered to enforce this Ordinance; and
ii. such owner shall deposit said droppings or container of droppings in a toilet or a receptacle ordinarily used for garbage and covered by a lid, or in an otherwise lawful and sanitary manner.
4. Reservation of Facilities. No park user may occupy any seat or bench, enter into, or loiter, or remain in any pavilion or other park structure or section thereof which may be reserved, unless such user is part of the group having reserved said area of the park.
5. Fires. No person shall build or attempt to build a fire within a park, except in fireplaces, grills, designated receptacles or other areas for that purpose.
6. Closed Areas. No person shall enter an area posted as “Closed to the Public”, nor shall any person use, or allow the use of any area in violation of posted notices.
7. Disorderly Conduct. No park user may engage in any disorderly conduct or behavior tending to a breach of the public peace, including but not limited to, the playing of musical entertainment devices at a loud volume or the performance of sexual acts or indication thereof. (See Township Ordinance No. 58, Disorderly Persons.)
8. Causing or Risking Public Inconvenience, Annoyance or Alarm. No person shall cause, recklessly create a risk of, or knowingly contribute to the inconvenience, annoyance or alarm to any other person in a park by:
a. engaging in fighting or threatening, or engaging in violent or tumultuous behavior;
b. jostling or roughly crowding persons unnecessarily;
c. making an obscene communication or display;
d. creating a hazardous condition by any act which serves no legitimate purpose;
e. improper use of firearms (see D(1)).
9. Exhibit Permits. No person shall fail to produce and exhibit any permit from the Director, which he/she claims to have upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any ordinance or rule.
10. Interference with Permittees. No person shall disturb or interfere unreasonably with any person or party occupying any area, or participating in any activity, under the authority of a permit.
F. Merchandising, Advertising and Signs.
1. Vending and Peddling. No person in a park shall expose or offer for sale any article or thing, nor shall they station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing. An exception is made for any regularly licensed concessions acting by, and under the authority and regulation of the Township.
2. Advertising. No person in a park shall announce, advertise, or call the public attention in any way to any article or service for sale or hire, except as authorized by the Township.
3. Signs. No person in a park shall paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription whatsoever, nor shall any person erect or cause to be erected any sign whatsoever on any public lands, highways, roads or safety paths adjacent to a park, except as authorized by the Township or permitted by Township ordinance.
Section 5 – PARKS AND RECREATION ADVISORY COMMITTEE
A. Establishment; Composition.
There is established a Township Parks and Recreation Advisory Committee (PRAC). Said Committee shall consist of seven (7) voting members and up to three (3) alternates, of whom all are Orion Township residents of diverse interest and demographics, and upon appointment by the Charter Township of Orion Board of Trustees. The term of office for the appointed members shall be three (3) years. One voting member shall be a Charter Township of Orion Board of Trustees member. Alternates shall serve in the absence of voting members. The Board of Trustees may also appoint non-voting members.
Any member of the Committee may be removed by the Board of Trustees, with cause, as result of their unexcused absence of three (3) meetings during a single three-year term without notice to the Parks & Recreation Department, using the following procedure:
1. The Chairperson of the Parks and Recreation Advisory Committee shall request that a member resign.
2. A report to that effect shall be sent to the Township Supervisor, along with a request to remove that member from the Committee.
3. Whether or not that member is removed, any Parks & Recreation Advisory Committee office held by that member shall be vacated.
In the event a vacancy is created on the Committee, either by resignation or an inability to perform the functions of the office, a replacement shall be appointed by the Board of Trustees to fill that vacancy.
B. Organization; Officers.
The officers of the Parks and Recreation Advisory Committee shall be elected each year for one-year terms, by the Committee, at the first regular meeting in January. The new elected officers are to preside at the next meeting and shall hold office until their successors’ are elected and assume office in the next year. Officers will be elected for the following positions: Secretary, Treasurer, Vice-Chairperson, and Chairperson.
C. Powers and Duties.
1. The Parks and Recreation Advisory Committee shall make recommendations regarding provisions, conduct, and supervision of public parks, playgrounds, playfields, indoor recreation centers and other recreation areas and facilities owned, leased or controlled by the Township. The Committee shall have the power to adopt by-laws and advise the Director of Parks and Recreation and the Charter Township of Orion Board of Trustees on rules and regulations for the proper conduct of public parks and recreational activities and facilities for the Township. The Township Parks and Recreation Advisory Committee shall recommend for adoption non-discriminatory rules for the use of Township parks and other recreational facilities. The Committee will advise the Board of Trustees in establishing recreation and park policies.
2. The Committee is authorized to advise and assist in the preparation of land use plans and maps for each public park or other property under the Township’s jurisdiction and the specific permitted activities in each. The Committee shall advise on any form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner.
3. The Committee shall schedule monthly meetings to plan for community needs related to park facilities and recreation programs. A quorum shall be required at all PRAC meetings for formal official action. A complete record shall be kept of all Committee meetings, with copies of the minutes provided to all Committee members and the Board of Trustees prior to the next regular PRAC meeting. Committee members shall participate in periodic inspections of Township parks and recreation areas and facilities.
D. Budget.
Annually, the Parks and Recreation Advisory Committee shall review a proposed budget and make recommendations to the Township Supervisor, for approval by the Township Board of Trustees.
E. Annual Report.
The Parks and Recreation Advisory Committee shall make an annual report to the Township Board of Trustees and such other reports as from time to time may be requested and in accordance with the Committee’s by-laws.
Section 6 – VIOLATION AND PENALTIES
A. Municipal Civil Infraction / Payment of Fine.
Any person, firm, or corporation violating a provision of this Ordinance, upon an admission or a finding of responsibility for such violation, shall be deemed responsible for a municipal civil infraction, as that term is defined and used in MCL 600.101, et seq.; MSA 27A.101, et seq., as amended, and shall pay a civil fine as prescribed by ordinance or as determined by the district court, district court judge, or district court magistrate.
B. Costs.
A person, firm, or corporation ordered to pay a fine under Subsection A shall be ordered by the district court judge or magistrate to pay costs of not less than Nine Dollars ($9) or more than Five Hundred Dollars ($500), which costs may include all expenses, direct or indirect, to which the Township of Orion has been put in connection with the violation of the Ordinance up to the entry of the court’s judgment or order to pay fines and costs.
C. Additional Writs and Orders.
A person who admits or is found responsible for violation of this Ordinance shall comply with any order, writ, or judgment issued by the district court to enforce this Ordinance pursuant to Chapter 83 and Chapter 87, of the Revised Judicature Act, MCL 600.101, et seq.; MSA 27A.101, et seq., as amended.
D. Default on Payment of Fines and Costs.
A default in payment of a civil fine, costs, or damages, or expenses ordered under Subsection A or B or an installment of the fine, costs, or damages or expenses as allowed by the court, may be collected by the Township of Orion by a means authorized for the enforcement of a judgment under Chapters 40 or 60 of the Revised Judicature Act, MCL 600.101, et seq.; MSA 27A.101, et seq., as amended.
E. Failure to Comply with Judgment or Order.
If a defendant fails to comply with an order or judgment issued pursuant to this section within the time prescribed by the court, the court may proceed under Subsection G.
F. Failure to Appear in Court.
A defendant who fails to answer a citation or notice to appear in court for a violation of this Ordinance is guilty of a misdemeanor, punishable by a fine of not more than Five Hundred Dollars ($500) plus costs and/or imprisonment not to exceed ninety (90) days.
G. Civil Contempt.
1. If a defendant defaults in the payment of a civil fine, costs, or other damages or expenses, or installment as ordered by the district court, upon motion of the Township of Orion or upon its own motion, the court may require the defendant to show cause why the defendant should not be held in civil contempt and may issue a summons, order to show cause, or bench warrant of arrest for the defendant’s appearance.
2. If a corporation or an association is ordered to pay a civil fine, costs, or damages or expenses, the individuals authorized to make disbursements shall pay the fine, costs, or damages or expenses, and their failure to do so shall be civil contempt unless they make the showing required in this subsection.
3. Unless the defendant shows that the default was not attributable to an intentional refusal to obey the order of the court or to a failure on his or her part to make a good faith effort to obtain the funds required for payment, the court shall find that the default constitutes a civil contempt and may order the defendant committed until all or a specified part of the amount due is pai

The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, February 18, 2003, 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 to adopt by reference the October 2002 edition of the Uniform Traffic Code for Cities, Townships, and Villages (UTC) for the purpose of regulating traffic and motor vehicles in the Charter Township of Orion and to rescind Ordinance No. 89 which adopted the previous version of the UTC.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
Section 1. Purpose and Intent
This Ordinance is adopted for the purpose and intent to adopt by reference the October 2002 edition of the Uniform Traffic Code for Cities, Townships, and Villages (UTC) promulgated by the director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state, for the regulation of traffic and motor vehicles in the Charter Township of Orion. The further purpose and intent of this Ordinance is to rescind Ordinance No. 89 which adopted by reference the previous version of the UTC.
Section 2. Adoption of Uniform Traffic Code for Cities, Townships, and Villages, Amendments and Revisions
The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002, and all future amendments and revisions of the Uniform Traffic Code when they are promulgated and effective in this state are incorporated by reference.
Section 3. References in the Uniform Traffic Code
References in the Uniform Traffic Code for Cities, Townships, and Villages shall mean the Township of Orion.
Section 4. Copies
Printed complete copies of the October 2002 edition of the Uniform Traffic Code for Cities, Townships, and Villages shall be kept on file in the office of the Township Clerk and made available to the public at all times the office is open.
Section 5. Penalties
The penalties provided in the Uniform Traffic Code for Cities, Townships, and Villages are adopted by reference.
Section 6. Severability and Savings
If any provision of this Ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.
Section 7. Effective Date
This Ordinance shall be published 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.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above. Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.12.03

The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, February 18, 2003, 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 to adopt by reference the Michigan Vehicle Code (MVC), MCL 257.1, et seq., as amended, now and in the future, for the purpose of regulating traffic and motor vehicles in the Charter Township of Orion.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
Section 1. Purpose and Intent
This Ordinance is adopted for the purpose and intent to adopt by reference the Michigan Vehicle Code, 1949 PA 300, MCL 257.1, et seq., as amended, now and in the future, for the purpose of regulating traffic and motor vehicles in the Charter Township of Orion.
Section 2. Adoption of Michigan Vehicle Code
The Michigan Vehicle Code, being Act 300 of the Public Acts of 1949, MCL 257.1 to MCL 257.923, as amended, now and in the future is hereby adopted by reference as an ordinance of the Charter Township of Orion.
Section 3. References in the Vehicle Code
Where necessary to the enforcement of the Michigan Vehicle Code or the collection of fines, costs and penalties for violations as a Township Ordinance, references in the Michigan Vehicle Code to “local authorities”, “local authority” or “authority having jurisdiction” shall mean the Township of Orion Board of Trustees; references to “municipality” shall mean the Township of Orion; references to “municipal charter” shall mean the Charter of the Township of Orion; references to “local ordinances” shall mean the Code of Ordinances of the Township of Orion and references to the “township” shall mean the Township of Orion.
Section 4. Copies
Printed copies of the Michigan Vehicle Code shall be kept on file in the office of the Township Clerk and made available to the public at all times the office is open.
Section 5. Limitations
Violations of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than ninety-three (93) days shall not be enforced by the Township of Orion as an ordinance violation.
Section 6. Penalties
The penalties provided in the Michigan Vehicle Code are adopted by reference, subject to the limitations stated in Section 5.
Section 7. Michigan Vehicle Code Adopted Only As Specified Above and to Be Controlling
The Code of Ordinances of the Township of Orion shall remain in full force and effect, except that if the provisions of the 2002 version of the Uniform Traffic Code that cover the same subject become in conflict with the Michigan Vehicle Code, they are repealed, with the Michigan Vehicle Code to be controlling.
Section 8. Severability and Savings
If any provision of this Ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.
Section 9. Effective Date
This Ordinance shall be published 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.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.12.03

The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, February 18, 2003, 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 to amend Ordinance No. 119, Retail Fraud; to increase the dollar value limit amount and the penalty provision as authorized by State Law 1999 PA 55.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
Section 1. Increased Dollar Value Limit
Ordinance No. 119, commonly known as the “Retail Fraud Ordinance”, Article II, Section 3-A 1, 2 and 3, is hereby amended to increase the dollar value limit amount stated in the text of the Ordinance from One Hundred Dollars ($100) to Two Hundred Dollars ($200) as authorized by State Law 1999 PA 55.
Section 2. Increased Penalty
Section 4, the penalty provision of the Retail Fraud Ordinance, is amended to be punishable by a fine of not more than Five Hundred Dollars ($500) and costs of prosecution, or by imprisonment in jail, not to exceed ninety-three (93) days or by both, as authorized by State Law 1999 PA 55.
Section 3. Repealer
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.
Section 4. Severability
If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such sections, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.
Section 5. Savings
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law when they were commenced.
Section 6. Effective Date
This Ordinance shall be published 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 7. Adoption
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 _____ day of ___________, 2003, and ordered to be given publication in the manner prescribed by statute.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above. Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.12.03

*** PUBLIC NOTICE***
The 2003 Orion Township Board of Review will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan on the following dates:
March 4, 2003 (Tuesday), 10:00 a.m., Organization meeting. Review and examination of the 2003 Assessment Roll only.
No individual appeals will be heard on this date.
March 10, 2003 (Monday), 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m.
March 11, 2003 (Tuesday), 1:00 p.m. to 5:30 p.m. and 6:30 p.m. to 10:00 p.m.
March 12, 2003 (Wednesday), 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:30 p.m.
If you wish to appear and protest your valuation before the March Board of Review, you must schedule an appointment with the Assessor’s Office by
calling (248) 391-0304. All appeals are by appointment and must be scheduled on or before Wednesday March 12, 2003.
Only non-resident property owners may appeal by letter. All letter protests
must be received by 4:30 p.m., March 12, 2003, in order to be considered by the Board of Review. Resident property owners may not appeal by letter. A current letter of authorization is required if you are appealing an assessment on behalf of a property owner.
The 2003 estimated tentative assessment ratio for each class of property in the Township is 50.00 %, resulting in an estimated equalization multiplier of 1.000 for all classes of property.
Gerald A. Dywasuk, Supervisor
February 19 & 26, 2003
Charter Township of Orion

Charter Township of Orion
Notice of Hearing on Highlander #2
(Detroit Blvd. to Clairemont) Chloride
Improvement
Notice is Hereby Given:
1 . That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Highlander (Detroit Blvd. to Clairemont) by chloriding it four (4) times a year.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-01-406-008 09-01-333-039 09-01-333-043 09-01-333-038 09-01-333-024 09-01-333-041 09-01-333-037 09-01-331-037 09-01-331-036 09-01-334-046 09-01-334-064 09-01-334-065 09-01-334-060 09-01-334-061 09-01-334-011 09-01-334-049 09-01-334-056 09-01-336-022 09-01-408-025
4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, March 3, 2003 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll, a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required.
Jill D. Bastian, Clerk
Publish: 2/19/03; 2/26/03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 134
STATE VEHICLE CODE ADOPTION ORDINANCE
The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, February 18, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance to adopt by reference the Michigan Vehicle Code (MVC), MCL 257.1, et seq., as amended, now and in the future, for the purpose of regulating traffic and motor vehicles in the Charter Township of Orion.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
Section 1. Purpose and Intent
This Ordinance is adopted for the purpose and intent to adopt by reference the Michigan Vehicle Code, 1949 PA 300, MCL 257.1, et seq., as amended, now and in the future, for the purpose of regulating traffic and motor vehicles in the Charter Township of Orion.
Section 2. Adoption of Michigan Vehicle Code
The Michigan Vehicle Code, being Act 300 of the Public Acts of 1949, MCL 257.1 to MCL 257.923, as amended, now and in the future is hereby adopted by reference as an ordinance of the Charter Township of Orion.
Section 3. References in the Vehicle Code
Where necessary to the enforcement of the Michigan Vehicle Code or the collection of fines, costs and penalties for violations as a Township Ordinance, references in the Michigan Vehicle Code to “local authorities”, “local authority” or “authority having jurisdiction” shall mean the Township of Orion Board of Trustees; references to “municipality” shall mean the Township of Orion; references to “municipal charter” shall mean the Charter of the Township of Orion; references to “local ordinances” shall mean the Code of Ordinances of the Township of Orion and references to the “township” shall mean the Township of Orion.
Section 4. Copies
Printed copies of the Michigan Vehicle Code shall be kept on file in the office of the Township Clerk and made available to the public at all times the office is open.
Section 5. Limitations
Violations of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than ninety-three (93) days shall not be enforced by the Township of Orion as an ordinance violation.
Section 6. Penalties
The penalties provided in the Michigan Vehicle Code are adopted by reference, subject to the limitations stated in Section 5.
Section 7. Michigan Vehicle Code Adopted Only As Specified Above and to Be Controlling
The Code of Ordinances of the Township of Orion shall remain in full force and effect, except that if the provisions of the 2002 version of the Uniform Traffic Code that cover the same subject become in conflict with the Michigan Vehicle Code, they are repealed, with the Michigan Vehicle Code to be controlling.
Section 8. Severability and Savings
If any provision of this Ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.
Section 9. Effective Date
This Ordinance shall be published 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.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.26.03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 119-1
AMENDMENT TO ORD. NO. 119, RETAIL FRAUD
The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, February 18, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance to amend Ordinance No. 119, Retail Fraud; to increase the dollar value limit amount and the penalty provision as authorized by State Law 1999 PA 55.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
Section 1. Increased Dollar Value Limit
Ordinance No. 119, commonly known as the “Retail Fraud Ordinance”, Article II, Section 3-A 1, 2 and 3, is hereby amended to increase the dollar value limit amount stated in the text of the Ordinance from One Hundred Dollars ($100) to Two Hundred Dollars ($200) as authorized by State Law 1999 PA 55.
Section 2. Increased Penalty
Section 4, the penalty provision of the Retail Fraud Ordinance, is amended to be punishable by a fine of not more than Five Hundred Dollars ($500) and costs of prosecution, or by imprisonment in jail, not to exceed ninety-three (93) days or by both, as authorized by State Law 1999 PA 55.
Section 3. Repealer
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.
Section 4. Severability
If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such sections, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.
Section 5. Savings
All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law when they were commenced.
Section 6. Effective Date
This Ordinance shall be published 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 7. Adoption
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 18th day of February, 2003, and ordered to be given publication in the manner prescribed by statute.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.26.03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 133
UNIFORM TRAFFIC CODE 2002 EDITION
The Charter Township of Orion Board of Trustees, at the regular meeting of Tuesday, February 18, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance to adopt by reference the October 2002 edition of the Uniform Traffic Code for Cities, Townships, and Villages (UTC) for the purpose of regulating traffic and motor vehicles in the Charter Township of Orion and to rescind Ordinance No. 89 which adopted the previous version of the UTC.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
Section 1. Purpose and Intent
This Ordinance is adopted for the purpose and intent to adopt by reference the October 2002 edition of the Uniform Traffic Code for Cities, Townships, and Villages (UTC) promulgated by the director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002, and all future amendments and revisions to the Uniform Traffic Code when they are promulgated and effective in this state, for the regulation of traffic and motor vehicles in the Charter Township of Orion. The further purpose and intent of this Ordinance is to rescind Ordinance No. 89 which adopted by reference the previous version of the UTC.
Section 2. Adoption of Uniform Traffic Code for Cities, Townships, and Villages, Amendments and Revisions
The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002, and all future amendments and revisions of the Uniform Traffic Code when they are promulgated and effective in this state are incorporated by reference.
Section 3. References in the Uniform Traffic Code
References in the Uniform Traffic Code for Cities, Townships, and Villages shall mean the Township of Orion.
Section 4. Copies
Printed complete copies of the October 2002 edition of the Uniform Traffic Code for Cities, Townships, and Villages shall be kept on file in the office of the Township Clerk and made available to the public at all times the office is open.
Section 5. Penalties
The penalties provided in the Uniform Traffic Code for Cities, Townships, and Villages are adopted by reference.
Section 6. Severability and Savings
If any provision of this Ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.
Section 7. Effective Date
This Ordinance shall be published 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.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 02.26.03

CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING,
TUESDAY, FEBRUARY 18, 2003
Called regular meeting to order at 7:00 p.m.
All members present, except Bastian.
Appointed Deputy Clerk to perform duties of calling roll for Board actions and taking of minutes for meeting in place of absent Township Clerk.
Approved payment of bills in amount of $534,039.77.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved minutes of February 3, 2003 regular meeting, as submitted.
Received and filed Treasurer’s Report for December 2002, as presented.
Adopted resolution indicating approval for Road Commission for Oakland County to make infrastructure improvements to sections of Silverbell, Giddings, and Brown Roads during 2003 construction season, at no cost to Orion Township, as presented.
Adopted Resolution Establishing FOIA Coordinator, designating Township Clerk as FOIA Coordinator for Orion Township.
Adopted revised 2003 guidelines for determination of poverty exemptions, as presented.
Reappointed Don Walker as Alternate to Zoning Board of Appeals for three (3) year term expiring December 31, 2005.
Authorized Fire Chief to advertise seven (7) surplus Fire Department vehicles for sale to highest bidder.
Authorized acceptance of proposal from CBI Design for architectural expenses, bid preparation and advertising, allocated up to $7,500 from General Capital Improvement Fund, and directed Buildings & Grounds Director to go out for bids on Union Church floor steelwork project.
Authorized creation of specifications and advertisement for bids for park shelter at Friendship Park.
Failed to take action on Parks & Recreation Director’s request to proceed with work on Civic Center Park paving and road improvements as directed on October 7, 2002.
Authorized seeking proposals for park concessions at Civic Center Park and Friendship Park for 2003, as proposed.
Authorized acquisition of easement from developer for Buckhorn Lake overflow outlet through his site at southeast corner of M-24 and Clarkston Road, behind K-Mart, and, at time engineering is required, return of matter to Board for consideration regarding work as proposed by OHM in January 14, 2003 memo.
Held Second Reading and adopted proposed Uniform Traffic Code 2002 Edition Adoption Ordinance, as published, and thereby repealing Ordinance 89.
Held Second Reading and adopted proposed State Vehicle Code Adoption Ordinance, as published.
Held Second Reading and adopted proposed Retail Fraud Ordinance Amendment, as published.
Directed Personnel Committee to meet to decide how to proceed with proposal to conduct department-by-department personnel needs analysis, with report to Board by April 21, 2003 meeting.
Postponed action on adoption of amendment to Personnel Policy with regard to use of Township vehicles until March 3, 2003 meeting to allow for Board review of correspondence from Township auditor, Beth Bialy.
Authorized Supervisor to create Township committee made up of Board members, citizens, appropriate Department Heads, and representatives of Oakland County Parks Department, Lake Orion Community Schools, and homeowners associations, to serve on Township West Nile Virus Committee, with report to Board within 30 days on how Township plans to proceed.
Concurred with decision of three (3) fulltime elected officials that final lot split approval not be granted for LS-02-12, request by Dennis Stephens for division of property at 889 Beardon (Sidwell #09-08-476-004) into two (2) parcels, until applicant submits survey identifying wetlands area on property and showing building envelope for proposed Parcel A and, to address Building Official’s concerns, demonstrates compliance with provisions of Ordinances 60 and 92, with all fees to be paid.
Received and filed 8N, Appointment to Parks & Recreation Advisory Committee.
Approved request of Lake Orion Community Schools for “nested” jurisdiction status on Township’s Phase II Permit Application, for compliance with federal Clean Water Act requirements, and authorized Township attorney to review proposed draft agreement between Township and school district regarding issues of responsibility raised by OHM correspondence of February 13, 2003, including school district sharing in costs involved with compliance, with such agreement to be presented for Board consideration at March 3, 2003 meeting.
Directed Supervisor to communicate with Oakland County Executive L. Brooks Patterson and Governor Jennifer Granholm, on behalf of Orion Township, to express support for Rep. Ruth Johnson’s new plan for regional transportation in southeast Michigan, as detailed in Clerk’s DARTA Legislation memo of February 12, 2003, especially with regard to opt-out provisions for municipalities.
Authorized stop-work order be issued at 12:00 noon tomorrow if permits are not pulled and fees not paid for Brown Road Group brownfield redevelopment project on east side of M-24 (Lapeer Road) north of Brown Road.
Adjourned meeting at 9:45 p.m. Gerald A. Dywasuk, Supervisor Jill D. Bastian, Clerk Charter Township of Orion
Publish 02.27.03

SYNOPSIS, REGULAR MEETING, MONDAY, MARCH 3, 2003
Called regular meeting to order at 7:00 p.m.
All members present, except Bastian and Gingell.
Supervisor proclaimed week of March 16-22, 2003 as Severe Weather Awareness Week.
Approved payment of bills in amount of $166,261.14.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Received and filed DEQ Permit Application Notice, File No. 0302, Heather Lake Weed Control, as presented.
Approved Lake Orion Lions Club Annual White Cane Week solicitation request for April 25-May 4, 2003, on various streets and corners in Township, and waived compliance with sections of Ord. 95 as non-profit organization.
Approved Knights of Columbus 2003 “Tootsie Roll” Fundraiser for Mentally Handicapped solicitation request for April 11, 12, 13, 2003, at various locations in Township, and waived compliance with sections of Ord. 95 as non-profit organization.
Received and filed Planning Commission 2002 Annual Report, as submitted.
Authorized Supervisor to sign Letter of Understanding between Township and Teamsters Union Local 214 representing Clerical Unit regarding pay to employee for temporarily upgraded duties.
Approved plans for improvements to Polly Ann Trail, as submitted.
Authorized expenditure of up to 10% of cost (up to $5,060) for paving of Eastview Avenue, as specified in Road Commission for Oakland County S.A.D. #1503160.
Received and filed request, including petitions, from five (5) young men for safety paths on Heights Road and along M-24 corridor between Village of Lake Orion and school complex at Scripps Road, and crosswalk at Clarkston Road and M-24, and forwarded request to Safety Path Advisory Committee for review and report back to Board.
Heard request from citizen, Austin Murphy, for adoption of resolution against war, violence, and obscene acts towards peace demonstrators.
Removed request by Guy Sinacola, for different standard in road length for lot split on Brown Road, from agenda until full Board is present.
Failed to approve request by Jim Bell for different standard in road width for lot split on Sheron south of Central.
Authorized expenditure of up to 10% of cost (up to $8,450) for paving of Vernita Drive, as specified in Road Commission for Oakland County S.A.D. #1503060.
Authorized Supervisor to correspond with Road Commission for Oakland County, forwarding documentation, including photos, regarding request for streetlight, replacement of guardrail, and additional signage and flashing lights on sharp curve at 800 Indianwood Road.
Held public hearing at 8:00 p.m. on Special Assessment Roll for Highlander #2 Chloride S.A.D.
Adopted Resolution Confirming Special Assessment Roll for Highlander #2 Chloride S.A.D., as presented.
Authorized Supervisor to sign Phase II Permit Application on behalf of Township and submit two (2) copies to MDEQ District Office prior to March 10, 2003 deadline.
Received and filed updated status report on HVAC system, as presented.
Reconsidered payment of bills in amount of $166,261.14.
Authorized payment of bills in amended amount of $136,802.14, thereby removing payment of $29,459.00 to Bumler Mechanical.
Authorized meeting with representatives of Bumler Mechanical to resolve issues related to programming of new HVAC system prior to Township authorization of (final) payment of retainage fee in amount of $29,459.00.
Removed, from agenda, request to purchase items quoted in Buildings & Grounds Director’s memo of February 10, 2003, for upgrade of Board Meeting Room audio system, at cost not to exceed $2,815.99 and consideration of purchase of lapel microphones, until there can be discussion by entire Board.
Adopted amendment to Use of Township Vehicles section of Personnel Policy, per Township auditor opinion and as presented in Supervisor’s memo of February 24, 2003, with review of its effectiveness in one (1) year.
Removed, from agenda, request to hire Planning Commission/ZBA Coordinator, to allow for further study.
Adopted resolution recommending approval of request for transfer of ownership of 2001 Small Winemaker license #195597-01 from Jax Reserve, Ltd. to Amy & Dan Dowd, LLC, located at 3039 S. Baldwin Rd., Orion, Michigan 48359.
Adjourned meeting at 9:05 p.m. Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk Charter Township of Orion
Publish 03.05.03

SYNOPSIS, REGULAR MEETING, MONDAY, MARCH 3, 2003
Called regular meeting to order at 7:00 p.m.
All members present, except Bastian and Gingell.
Supervisor proclaimed week of March 16-22, 2003 as Severe Weather Awareness Week.
Approved payment of bills in amount of $166,261.14.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Received and filed DEQ Permit Application Notice, File No. 0302, Heather Lake Weed Control, as presented.
Approved Lake Orion Lions Club Annual White Cane Week solicitation request for April 25-May 4, 2003, on various streets and corners in Township, and waived compliance with sections of Ord. 95 as non-profit organization.
Approved Knights of Columbus 2003 “Tootsie Roll” Fundraiser for Mentally Handicapped solicitation request for April 11, 12, 13, 2003, at various locations in Township, and waived compliance with sections of Ord. 95 as non-profit organization.
Received and filed Planning Commission 2002 Annual Report, as submitted.
Authorized Supervisor to sign Letter of Understanding between Township and Teamsters Union Local 214 representing Clerical Unit regarding pay to employee for temporarily upgraded duties.
Approved plans for improvements to Polly Ann Trail, as submitted.
Authorized expenditure of up to 10% of cost (up to $5,060) for paving of Eastview Avenue, as specified in Road Commission for Oakland County S.A.D. #1503160.
Received and filed request, including petitions, from five (5) young men for safety paths on Heights Road and along M-24 corridor between Village of Lake Orion and school complex at Scripps Road, and crosswalk at Clarkston Road and M-24, and forwarded request to Safety Path Advisory Committee for review and report back to Board.
Heard request from citizen, Austin Murphy, for adoption of resolution against war, violence, and obscene acts towards peace demonstrators.
Removed request by Guy Sinacola, for different standard in road length for lot split on Brown Road, from agenda until full Board is present.
Failed to approve request by Jim Bell for different standard in road width for lot split on Sheron south of Central.
Authorized expenditure of up to 10% of cost (up to $8,450) for paving of Vernita Drive, as specified in Road Commission for Oakland County S.A.D. #1503060.
Authorized Supervisor to correspond with Road Commission for Oakland County, forwarding documentation, including photos, regarding request for streetlight, replacement of guardrail, and additional signage and flashing lights on sharp curve at 800 Indianwood Road.
Held public hearing at 8:00 p.m. on Special Assessment Roll for Highlander #2 Chloride S.A.D.
Adopted Resolution Confirming Special Assessment Roll for Highlander #2 Chloride S.A.D., as presented.
Authorized Supervisor to sign Phase II Permit Application on behalf of Township and submit two (2) copies to MDEQ District Office prior to March 10, 2003 deadline.
Received and filed updated status report on HVAC system, as presented.
Reconsidered payment of bills in amount of $166,261.14.
Authorized payment of bills in amended amount of $136,802.14, thereby removing payment of $29,459.00 to Bumler Mechanical.
Authorized meeting with representatives of Bumler Mechanical to resolve issues related to programming of new HVAC system prior to Township authorization of (final) payment of retainage fee in amount of $29,459.00.
Removed, from agenda, request to purchase items quoted in Buildings & Grounds Director’s memo of February 10, 2003, for upgrade of Board Meeting Room audio system, at cost not to exceed $2,815.99 and consideration of purchase of lapel microphones, until there can be discussion by entire Board.
Adopted amendment to Use of Township Vehicles section of Personnel Policy, per Township auditor opinion and as presented in Supervisor’s memo of February 24, 2003, with review of its effectiveness in one (1) year.
Removed, from agenda, request to hire Planning Commission/ZBA Coordinator, to allow for further study.
Adopted resolution recommending approval of request for transfer of ownership of 2001 Small Winemaker license #195597-01 from Jax Reserve, Ltd. to Amy & Dan Dowd, LLC, located at 3039 S. Baldwin Rd., Orion, Michigan 48359.
Adjourned meeting at 9:05 p.m. Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk Charter Township of Orion
Publish 03.05.03

SYNOPSIS, REGULAR MEETING, MONDAY, MARCH 3, 2003
Called regular meeting to order at 7:00 p.m.
All members present, except Bastian and Gingell.
Supervisor proclaimed week of March 16-22, 2003 as Severe Weather Awareness Week.
Approved payment of bills in amount of $166,261.14.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Received and filed DEQ Permit Application Notice, File No. 0302, Heather Lake Weed Control, as presented.
Approved Lake Orion Lions Club Annual White Cane Week solicitation request for April 25-May 4, 2003, on various streets and corners in Township, and waived compliance with sections of Ord. 95 as non-profit organization.
Approved Knights of Columbus 2003 “Tootsie Roll” Fundraiser for Mentally Handicapped solicitation request for April 11, 12, 13, 2003, at various locations in Township, and waived compliance with sections of Ord. 95 as non-profit organization.
Received and filed Planning Commission 2002 Annual Report, as submitted.
Authorized Supervisor to sign Letter of Understanding between Township and Teamsters Union Local 214 representing Clerical Unit regarding pay to employee for temporarily upgraded duties.
Approved plans for improvements to Polly Ann Trail, as submitted.
Authorized expenditure of up to 10% of cost (up to $5,060) for paving of Eastview Avenue, as specified in Road Commission for Oakland County S.A.D. #1503160.
Received and filed request, including petitions, from five (5) young men for safety paths on Heights Road and along M-24 corridor between Village of Lake Orion and school complex at Scripps Road, and crosswalk at Clarkston Road and M-24, and forwarded request to Safety Path Advisory Committee for review and report back to Board.
Heard request from citizen, Austin Murphy, for adoption of resolution against war, violence, and obscene acts towards peace demonstrators.
Removed request by Guy Sinacola, for different standard in road length for lot split on Brown Road, from agenda until full Board is present.
Failed to approve request by Jim Bell for different standard in road width for lot split on Sheron south of Central.
Authorized expenditure of up to 10% of cost (up to $8,450) for paving of Vernita Drive, as specified in Road Commission for Oakland County S.A.D. #1503060.
Authorized Supervisor to correspond with Road Commission for Oakland County, forwarding documentation, including photos, regarding request for streetlight, replacement of guardrail, and additional signage and flashing lights on sharp curve at 800 Indianwood Road.
Held public hearing at 8:00 p.m. on Special Assessment Roll for Highlander #2 Chloride S.A.D.
Adopted Resolution Confirming Special Assessment Roll for Highlander #2 Chloride S.A.D., as presented.
Authorized Supervisor to sign Phase II Permit Application on behalf of Township and submit two (2) copies to MDEQ District Office prior to March 10, 2003 deadline.
Received and filed updated status report on HVAC system, as presented.
Reconsidered payment of bills in amount of $166,261.14.
Authorized payment of bills in amended amount of $136,802.14, thereby removing payment of $29,459.00 to Bumler Mechanical.
Authorized meeting with representatives of Bumler Mechanical to resolve issues related to programming of new HVAC system prior to Township authorization of (final) payment of retainage fee in amount of $29,459.00.
Removed, from agenda, request to purchase items quoted in Buildings & Grounds Director’s memo of February 10, 2003, for upgrade of Board Meeting Room audio system, at cost not to exceed $2,815.99 and consideration of purchase of lapel microphones, until there can be discussion by entire Board.
Adopted amendment to Use of Township Vehicles section of Personnel Policy, per Township auditor opinion and as presented in Supervisor’s memo of February 24, 2003, with review of its effectiveness in one (1) year.
Removed, from agenda, request to hire Planning Commission/ZBA Coordinator, to allow for further study.
Adopted resolution recommending approval of request for transfer of ownership of 2001 Small Winemaker license #195597-01 from Jax Reserve, Ltd. to Amy & Dan Dowd, LLC, located at 3039 S. Baldwin Rd., Orion, Michigan 48359.
Adjourned meeting at 9:05 p.m. Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk Charter Township of Orion
Publish 03.05.03

NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING ON WEDNESDAY, APRIL 16, 2003 AT 8:00 P.M., IN THE BOARD MEETING ROOM ON THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, REGARDING THE FOLLOWING MATTER:
PC-2000-64, CHARTER TOWNSHIP OF ORION MASTER PLAN UPDATE
A COPY OF THE PROPOSED MASTER PLAN UPDATE IS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

NOTICE OF SPECIAL PUBLIC MEETING
MASTER PLAN UPDATE INFORMATIONAL MEETING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A MASTER PLAN UPDATE INFORMATIONAL MEETING FOR THE PUBLIC TO REVIEW ON WEDNESDAY, MARCH 26, 2003 AT 7:00 P.M. IN THE BOARD MEETING ROOM IN THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK
Publish: 3-12-03 & 3-19-03

SYNOPSIS, REGULAR MEETING,
MONDAY, MARCH 17, 2003
Called regular meeting to order at 7:00 p.m.
All members present.
Supervisor proclaimed week of March 16-22, 2003 as Media Democracy Week, in honor of Orion Neighborhood Television and its contribution to citizens of Orion Township.
Approved payment of bills in amount of $314,087.64 (minus Bumler Mechanical bill).
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved minutes of Monday, March 3, 2003 Highlander #2 Chloride SAD public hearing, as presented.
Received and filed Treasurer’s Reports for January and February 2003, as presented.
Approved amending 2002 Budget, as presented by Supervisor in March 17, 2003 memo.
Adopted Dragon Dash Resolution to allow Orion Township to obtain Road Commission permit for May 4, 2003 event.
Approved Lake Orion High School Senior Class 2003 All Night Party Committee solicitation request to conduct Bucket Brigade fundraiser on Saturday, April 12, 2003, from 9:00 a.m. to 6:00 p.m. at following locations: Clarkston Rd. and M-24, Indianwood Rd. and M-24, and Baldwin Rd. and Waldon Rd., and waived compliance with Sections 4, 5, 6, and 8 of Ord. 95, as non-profit organization.
Received and filed Zoning Board of Appeals 2002 Annual Report, as submitted.
Adopted 2003 Budget Resolution, as amended, granting authorization for Clerk and Treasurer to sign warrants for certain expenditures, within appropriations and upon authorization by Supervisor, with ratification by Township Board at next regular meeting.
Adopted policy regarding recording of meetings by members of public, as presented, thereby amending Section 6 of Board of Trustees Rules of Order.
Authorized Supervisor to prepare cost estimate for Miller Road #3 Chloride Special Assessment District, per petition from residents of Miller Road.
Authorized lease of four (4) replacement vehicles for Assessing Department and Building Department at cost not to exceed budgeted amount of $12,000 per vehicle for lease term of three (3) years each.
Adopted resolution requesting that interim District 3 County Commissioner be appointed as soon as possible so that Orion Township, Village of Lake Orion, and Oakland Township may have representation on Oakland County Board of Commissioners.
Authorized purchase of items quoted in Buildings & Grounds Director’s memo of February 10, 2003, for upgrade of Board Meeting Room audio system, at cost not to exceed $2,815.99.
Re-appointed Trustee Tomczak and Clerk Bastian as Township Board representatives on Orion Community Cable Communications Commission (OCCCC) for two (2) year terms expiring November 30, 2004.
Approved minutes of Monday, March 3, 2003 regular meeting, as corrected.
Postponed action on request for different standard in road length for LS-02-08, lot split request by Guy Sinacola, for property on Brown Road just east of Baldwin Road, Sidwell Nos. 09-32-400-066/065/044, for revised plans dated 02.06.03, until April 7, 2003 meeting to allow petitioner to revise plans to include easement to adjacent properties for future access.
Granted different standard in road width for LS-02-18, lot split request by Jim Bell, for property at Sheron Drive south of Central, Sidwell Nos. 09-03-453-002 and 09-03-454-003/004/005, allowing twenty (20) foot right-of-way in lieu of required thirty (30) foot for private road to access no more than two (2) parcels in revised location of vacated portion of Sheron Drive.
Directed Supervisor to forward excerpt of March 17, 2003 minutes regarding citizen comments received at Board meeting related to proposed abandonment of portion of Island Pointe, as well as copy of 1991 minutes regarding this matter, to Road Commission for Oakland County prior to their decision on matter at March 27, 2003 meeting.
Approved amending 2003 Budget by increasing Elections budget (101-262) in amount of $70,000 for special primary and general elections for replacement of County Commissioner, with funds to come from General Capital Improvement Fund.
Clerk left meeting at 9:15 p.m.
Authorized reinstatement of Char Beiser as Planning Commission / ZBA Coordinator at pay rate of $16.95 per hour (five years at Level 5, $35,266 annually), with 120 hours of vacation, plus full benefits, with seniority date of March 17, 2003, and directed Supervisor to sign Letter of Understanding with Teamsters Union, with understanding that Clerical Union will drop grievance regarding unfilled position.
Postponed decision on HVAC System Maintenance Agreement with Bumler Mechanical and payment of retainage until April 7, 2003 meeting.
Authorized purchase of 2003 Chevrolet CK25753 2500HD Extended Cab 4WD Truck for Fire Department, at cost not to exceed $21,672.61, either through Oakland County Fleet Purchase Program (from Buff Whelan Chevrolet, low bidder) or from another local GMC dealership.
Referred proposed amendments to Township Parks & Recreation Facilities Use Policy back to Parks & Recreation Advisory Committee to allow for review and comment by sports leagues.
Authorized Parks & Recreation Director to proceed with program to accept payment by credit card for Parks & Recreation activities only, to enable obtaining discounted price for purchase of software, per parameters outlined in memo of March 10, 2003.
Postponed consideration of Township Gifts Policy until next meeting.
Adjourned meeting at 11:20 p.m. Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish 03.19.03

USED FIRE DEPARTMENT VEHICLES
FOR SALE
The Orion Township Fire Department is offering for sale to the highest bidder, the following used Fire Department Vehicles.
(3) 1987 Pierce “Dash” Pumpers
Minimum Bid $ 60,000 ea.
(1) 1979 Pierce/GMC Pumper Tanker
Minimum Bid $ 5,500
(1) 1978 Pierce/GMC Mini-Pumper
Minimum Bid $ 2,500
(1) 1969 Sutphen/GMC 85 ft. Aerial Tower
Minimum Bid $12,000
(1) 1966 GMC 4X4 Pick-Up
Minimum Bid $ 3,000
(1) 1993 GMC 4X4 Suburban
Minimum Bid $ 4,500
Additional information is available upon request, and an inspection of these vehicles can be arranged by contacting the Orion Township Fire Department offices at (248) 373-4660 during normal business hours. These vehicles are offered for sale in “AS IS” condition, and the Charter Township of Orion reserves the right to reject any and all bids as may in the best interest of the Township.
Persons wishing to place a bid on any or all of these used vehicles should submit a sealed bid, clearly marked “Used Fire Department Vehicle Bid” to the address below.
Charter Township of Orion
Jill D. Bastian, Clerk
2525 Joslyn Road
Lake Orion, Michigan 48360
Bids must be received by the Orion Township Clerk’s Office no later than 2:00 P.M. on Wednesday, April 2, 2003. Bids will be opened at that time.
Publish: 3/19 & 3/26

COMMITTEE VACANCY
The Charter Township of Orion is seeking residents to serve on the following committee which generally meets bi-monthly:
SAFETY PATH ADVISORY COMMITTEE
Please submit a Letter of Interest which includes your background and a brief explanation of why you would like to serve, no later than Thursday, April 17, 2003, at 4:00 p.m., to:
Charter Township of Orion
Jill D. Bastian, Clerk
2525 Joslyn Rd.
Lake Orion, Michigan 48360
For further information, please call (248) 391-0304, ext. 104.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 4/2/03 & 4/9/03

NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING, WEDNESDAY, MAY 7, 2003 IMMEDIATELY FOLLOWING THE PC-2001-40, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, SECTION 30.06, F., TEMPORARY USE PERMITS PUBLIC HEARING AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2003-06, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, BIG BOX RETAIL BUILDINGS
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING, WEDNESDAY, MAY 7, 2003 AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2001-40, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, SECTION 30.06, F., TEMPORARY USE PERMITS.
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING, WEDNESDAY, MAY 7, 2003 AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2001-40, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, SECTION 30.06, F., TEMPORARY USE PERMITS.
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED AMENDMENT TO ORD. 78
PC-2003-07, STANDARD FEDERAL BANK
REZONING REQUEST
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt a map amendment to Ord. 78, Zoning Ordinance, to allow the rezoning of property, as follows:
PC-2003-07, Standard Federal Bank Rezoning, a request to rezone a 90,000 square foot site located at 831 Brown Rd., from LI-1 (Limited Industrial 1) to OP2 (Office and Professional 2), for the purpose of building a branch office, Sidwell number 09-33-351-029, Michael A. Boggio, applicant.
A copy of the proposed ordinance amendment is on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 60-6
AMENDMENT TO ORD. NO. 60
LAND DIVISION & PRIVATE ROADS
PRIVATE ROAD & LAND DIVISION REGULATIONS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending Ordinance No. 60, Land Division & Private Roads, as previously amended, for the Charter Township of Orion, Michigan; changing the text in Section 1, Definitions; Section 2, Division and Partitioning of Land; and Section 5, Private Road Requirements; 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 Subdivision Control Act of 1967/Land Division Act, as amended, and pursuant to all applicable provisions of law, Ordinance No. 60, Land Division & Private Roads, Section 1, Definitions, Section 2, Division and Partitioning of Land, and Section 5, Private Road Requirements, are amended by placing the hereinafter described language in the Ordinance, as follows:
Section 1 ? Definitions.
A. Alley ? A public or private right-of-way which provides secondary access to a lot, block or parcel of land.
G. Easement ? A specific area of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or some particular person or part of the public for specific uses and purposes, and which shall be designated a ‘public? or ‘private? easement, depending on the nature of the use.
L. Lot Area ? The total horizontal area within the lot lines of the lot. For lots adjacent to private or public roads, the lot area shall not include any portion of the private or public road or road right-of-way.
R. Right-of-Way ? Land used or to be used, either public or private, to facilitate pedestrian and/or vehicular movement.
S. Road ? A public or private right-of-way which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and any other thoroughfare, except an alley or driveway, to a building. A road also includes the land between the road lines, whether improved or unimproved.
T. Road, Private ? A road constructed within a dedicated right-of-way, in accordance with this Ordinance, which provides vehicular access to one (1) or more parcels, where said right-of-way and road have not been dedicated to the Road Commission for Oakland County, or other public jurisdiction.
U. Road, Public ? A road accepted, by dedication or otherwise, by the Road Commission for Oakland County or the Michigan Department of Transportation.
V. Tract ? Two (2) or more parcels that share a common property line and are under the same ownership.
Section 2 ? Division and Partitioning of Land.
B. Authorized. All division of land, whether platted or unplatted, shall comply with the following:
1. (no change)
2. Conformance with Zoning Ordinance and Subdivision Regulations. Any lot, outlot or other parcel of land shall be in conformance with the applicable width, area, and design layout requirements of the Orion Township Subdivision Regulations, Ordinance No. 27, and the Orion Township Zoning Ordinance, Ordinance No. 78, as amended. Length-to-width ratio for proposed land divisions pursuant to this Ordinance shall be a maximum of 4-to-1. Land within dedicated public or private road rights-of-way shall not be included in the calculation of lot area, width, depth, building setbacks, or other applicable requirements.
3-5 (no change)
6. Access. Every resultant parcel shall abut a public road, or right-of-way; or if there is not a public road there shall be a private road approved, pursuant to Section 5, prior to any division, partitioning, or combination. Each parcel shall be accessible by one (1) or both of the following methods:
a. An area where a driveway can provide vehicular access to an existing road and meets all applicable location standards of the Michigan Department of Transportation, Road Commission for Oakland County, and the Charter Township of Orion, or has an area where a driveway can provide vehicular access to any existing road and meet all such applicable location standards.
b. An existing public or private road or road right-of-way providing vehicular access to an existing road and meeting all applicable location standards of the Michigan Department of Transportation, Road Commission for Oakland County, and the Charter Township of Orion, or can be served by an existing driveway that will provide vehicular access to an existing road and that will meet all such applicable location standards.
7-13 (no change)
Section 5 ? Private Road Requirements.
A. No person shall create any divided parcel of land within the corporate limits of the Township without platting, unless such parcel or lot fronts on a public or private road, as enumerated herein, and improved to the standards of this section.
B. A copy of the written easement agreement for such private road shall be given to each new owner of record of the divided parcel by the grantor thereof, and containing a legal description of any and all private roads abutting, traversing, and/or adjacent to the original parcel prior to the division. Said notice shall be attached to each transmitting instrument of interest in each successive division of land and said legal description of the private road shall be recorded with the Oakland County Register of Deeds at the time of land division. Such covenant shall contain reasonable methods for cost sharing of future maintenance of said private road by the property owners benefiting from the use thereof. Such covenant shall contain a legal description of all lands to be served by said private road. A copy of the easement agreement shall be filed with the Township Clerk.
C. All private roads not connecting to another road shall terminate in a cul-de-sac or T-turn-around, at the discretion of the Township Board. Private road rights-of-way shall not be less than sixty (60) feet wide, unless serving only one (1) lot, for which the right-of-way may be decreased to thirty (30) feet wide (see Figure 1). Adjoining property owners may dedicate thirty (30) feet each for joint private road construction. Cul-de-sac circles shall not be less than ninety-four (94) feet in diameter at the outside of the roadway surface with a right-of-way diameter of at least one hundred (100) feet for residential developments, and one hundred sixty (160) feet for industrial developments. ‘T?-turn-around may be allowed for residential uses only. Each leg of the ‘T?-turn-around shall be at least thirty (30) feet in length.
The Township Board may, upon petition by a property owner or owners, approve a different standard for roadway width and length, if it decides that a different standard is more appropriate. It is the responsibility of the requesting property owner or owners, to present the request and the supporting documentation for that request. The decision of the Township Board shall be final.

D. All final plans for land division, legal descriptions, and private road specifications shall be drawn and sealed by a Registered Engineer prior to presentation to the Township for consideration. The drawing shall indicate all existing structures, and existing and proposed elevations based on USGS datum at a contour of two (2) feet maximum within the boundaries of the parcel(s) and within one hundred (100) feet of the boundary of the land parcel(s).
E. Standards for Private Road development shall be as follows:
1. All private road right-of-way widths shall be shown on the land division drawing as a perpetual easement for ingress, egress, and public utilities.
2-4 (no change)
5. To ensure adequate site distance, a minimum of fifty (50) feet of flat gradient, measured from shoulder line to shoulder line in all directions at the intersection of any private road and any public road shall be required.
6. No private road right-of-way shall be less than sixty (60) feet in width for its full length, except when serving only one (1) residential lot, as per Section 5(I), or as otherwise allowed in this Ordinance. The aggregate surface of the (residential) private road serving two or more lots shall conform to the specifications outlined below:
a. A minimum thirty (30) feet wide of aggregate surface, fifteen (15) feet wide each side of right-of-way centerline, shall be required for all private roads serving three (3) or more parcels. A minimum eighteen (18) feet wide aggregate surface shall be required for private roads serving not more than two (2) parcels, or for private road right-of-way reduced to thirty (30) feet in width to serve one (1) parcel.
b. Minimum eight (8) inch depth uniform #22A aggregate surface on granular sub-grade, or minimum eight (8) inch depth uniform #22A aggregate on six (6) inches of Michigan Department of Transportation (MDOT) Class III granular material on cohesive soils (see Paragraph 8 below).
c. Aggregate surface cross slope of 0.03 feet per foot, from centerline down to edge of surface at top of ditch banks on both sides of centerline.
d. Ditches shall be provided on both sides of the road, with minimum bottom depth of two (2) feet below center line elevation, minimum flat bottom width of two (2) feet, maximum side slopes of one (1) foot vertical to four (4) feet horizontal (1v. to 3h. adjacent to wetlands), and graded to drain with longitudinal slope between minimum cleansing velocity and maximum erosive velocity for the 10-year frequency design rain event.
e. Unless allowed otherwise in this Ordinance, private roads shall also conform to all requirements and standards of the September 24, 1998 Rules and Regulations for Plat Development as well as the January 2001 Permit Rules, Specifications and Guidelines, both by the Road Commission for Oakland County.
7. (no change)
8. For private roads, serving two (2) or more lots, a granular soil sub-grade shall be installed. The minimum total depth of the compacted material shall be eight (8) inches, laid in two (2) separate four (4) inch courses. For cohesive soil sub-grade, minimum total depth of the compacted material shall be fourteen (14) inches, laid in three (3) separate courses, with the upper eight (8) inches (two (2) separate four (4) inch courses) over a six (6) inch bottom course of Michigan Department of Transportation (MDOT) Class III Granular Material. Each course, as well as the sub-grade, shall be compacted separately to ninety-eight (98) percent of its maximum unit weight per cubic foot, as defined by the Michigan Cone Test. Both the top and the bottom four (4) inch courses shall consist of a minimum of MDOT #22A aggregate. Any stones larger than 1 ? 1 ? inches shall be removed before placing the top four (4) inch course. All trees, stumps, brush, and the roots thereof shall be entirely removed from within the grading limits of all private roads and shall be disposed of outside the sixty (60) foot right-of-way area.
9. Drainage ditches shall be constructed as required and approved by the Township Engineer, in accordance with Ordinance No. 92, Stormwater Management and Erosion Control Ordinance, or as otherwise required.
10. (no change)
11. (no change)
12. No private road right-of-way shall be less than sixty (60) feet in right-of-way width for its full length, unless serving only one (1) lot [see diagram in Section 5(C)], or as otherwise provided for in this Ordinance.
13. All private roads shall comply with all Township and County requirements for standardized road naming, addressing, and signage.
F. (no change)
G. Road names shall not be permitted which might cause confusion with names of existing roads in or near the Township. Roads that will be continuations of existing roads shall be called by the same names of such existing roads. All names shall be approved by the Township Supervisor, with written recommendation from the Township Fire Chief. There shall be provided road signs at every road intersection which meets the specifications of the Road Commission for Oakland County and as approved by the Township Board. All costs of such signs shall be borne by the developer or property owner(s) of the lots to be served by the private road.
H. (no change)
I. This section shall apply where two (2) or more lots front or have direct access to a private road. If the number of lots is only one (1) [see diagram in Section 5(C)] the right-of-way for said road may be a minimum of thirty (30) feet in width.
J. Where existing private roads are to be extended within the original property, but not to adjacent parcels, the existing road may be extended at its present right-of-way width, provided the entire private road is improved to the specifications of this Ordinance, except for width.
SECTION 2 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4 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 5 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above. Jill D. Bastian, Clerk Charter Township of Orion
Publish: 04.23.03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-166
AMENDMENT TO ORD. 78, ZONING ORDINANCE
ARTICLES II AND XXVII,
SECTIONS 2.01 AND 27.06(D)
PRIVATE ROAD & LAND DIVISION REGULATIONS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles II and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01 and 27.06(D); 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 Township Planning and Zoning Act, as amended, pursuant to all applicable provisions of law, Ordinance No. 78, Articles II and XXVII, and Sections 2.01 and 27.06 (B) are amended by placing the hereinafter described language in the Ordinance, as follows:
ARTICLE II ? CONSTRUCTION OF LANGUAGE AND DEFINITIONS
Section 2.01 ? Definitions
Alley: A public or private right-of-way which provides secondary access to a lot, block or parcel of land.
Driveway: A strip of land, that is not dedicated to the public, used to provide vehicular access to a single zoning lot.
Easement: A specific area of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or some particular person or part of the public for specific uses and purposes, and which shall be designated a ‘public? or ‘private? easement, depending on the nature of the use.
Lot Area: The total horizontal area within the lot lines of the lot. For lots adjacent to private or public roads, the lot area shall not include any portion of the private or public road or road right-of-way.
Lot Lines: The lines bounding a lot, as defined herein:
A. Front Lot Line. In the case of a lot not located on a
corner, the line separating said lot from the public
or private road right-of-way. In the case of a corner lot, or double frontage lot, that line separat-
ing said lot from the road which is designated
as the front road in the plat and on the
request for a building permit. For the purpose of
determining setbacks, front yard setbacks shall be
required for each lot line that abuts a public or
private road right-of-way. A front yard setback
for the frontage along a private road shall not
however be required for existing or proposed
structure(s) on neighboring parcels adjoining a
private road right-of-way and which are not
subject to land division permits under Ordinance
No. 27 or Ordinance No. 60.
B-C (no change)
Lot Width: The horizontal, straight line distance between the side lot lines measured at the two points where the minimum building line or setback intersects the side lot lines. The width of a private road right-of-way shall not be included in the calculation of frontage necessary to achieve the minimum lot width requirements.
Road: A public or private right-of-way which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street and any other thoroughfare, except an alley or driveway to a building. A road also includes the land between the road lines, whether improved or unimproved.
Major Thoroughfare. An arterial road of great
continuity which is intended to serve as a large
volume traffic-way for both the immediate
Municipality area and region beyond, and which
may be designated in the Township’s Major
Thoroughfare Plan as a major thoroughfare, park-
way, expressway, or equivalent term to identify those
roads comprising the basic structure of the
road plan. Major thoroughfares shall also have an
existing or proposed right-of-way of one hundred
twenty (120) feet or more.
Collector Road (Arterial). A road used primarily to
carry traffic from a minor road to a major thor-
oughfare. Collector roads (arterials) shall be the
roads so designated in the Master Plan of the Town-
ship as having an existing or proposed right-of-
way of at least eighty-six (86) feet but not more than
one hundred and twenty (120) feet.
Local Road. A road of limited continuity used
primarily for access to abutting residential proper-
ties.
Marginal Access Road. A minor road paralleling
and adjacent to a major thoroughfare which
provides access to abutting properties and protec-
tion from through traffic.
Boulevard. A road developed to 2 two-lane, one-
way pavements, separated by a median.
Turn-Around. A short boulevard permanently termi-
nated by a vehicular turn-around.
Cul-de-Sac. A minor road of short length, having
one (1) end open to traffic and being permanently
terminated at the other end by a vehicular turn-
around.
Loop Road. A minor road of short length with two
(2) openings to traffic, beginning from the same road,
and projecting parallel to each other and connect-
ing at their termination by a loop.
Road Private: A road constructed within a dedicated right-of-way, in accordance with this Ordinance, which provides vehicular access to one (1) or more parcels, where said right-of-way and road have not been dedicated to the Road Commission for Oakland County, or other public jurisdiction.
Road Public: A road accepted, by dedication or otherwise, by the Road Commission for Oakland County or the Michigan Department of Transportation.
Street: See Road.
Street, Private: See Road, Private.
Street, Public: See Road, Public.
ARTICLE XXVII ? GENERAL PROVISIONS
Section 27.06 ? Streets, Roads, and Other Means of Access.
A-C (no change)
D. Internal Roadways.
The following standards must be complied with whenever an internal or on-site roadway is required:
1. Width. Unless otherwise specified in Ordinance No. 60, Land Division and Private Roads, an internal or on-site roadway shall be at least eighteen (18) feet in width.
a. For any zoning district other than single family residential that has three (3) or more structures proposed to front on an internal road, the right-of-way shall be sixty (60) feet, with an improved surface of thirty (30) feet.
b. For any zoning district other than single family residential that has a single structure served by a driveway, the right-of-way shall be a minimum of thirty (30) feet with an improved surface of eighteen (18) feet.
2. (no change)
E-F (no change)
SECTION 2 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4 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 5 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 04.23.03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 27-4A
AMENDMENT TO ORD. NO. 27
SUBDIVISION REGULATIONS
PRIVATE ROAD & LAND DIVISION REGULATIONS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending Ordinance No. 27, Subdivision Regulations, as previously amended, for the Charter Township of Orion, Michigan; amending Article II, Definitions; and Article IV, Design Layout Standards; 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 Subdivision Control Act of 1967 as amended, and pursuant to all applicable provisions of law, Ordinance No. 27, Article II, Definitions, and Article IV, Design Layout Standards, are amended by placing the hereinafter described language in the Ordinance as follows:
ARTICLE II ? DEFINITIONS
Section 200 ? Definitions
1. Alley ? A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land.
5. Driveway ? A strip of land, that is not dedicated to the public, used to provide vehicular access to a single zoning lot.
10. Lot Area ? The total horizontal area within the lot lines of the lot. For lots adjacent to private or public roads, the lot area shall not include any portion of the private or public road or road right-of-way.
23. Right-of-Way ? Land used or to be used, either public or private, to facilitate pedestrian and/or vehicular movement.
24. Road ? A public or private right-of-way which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and any other thoroughfare, except an alley or driveway, to a building. All such roads are an existing state, county or municipal roadway or in a plat heretofore approved pursuant to law or approved by official action on a plat duly filed and recorded in the office of the County Register of Deeds. A road also includes the land between the road lines, whether improved or unimproved.
a. Major Thoroughfare. An arterial road of great continuity which is intended to serve as a large volume traffic-way for both the immediate Municipality area and region beyond, and which may be designated in the Township’s Major Thoroughfare Plan, as a major thoroughfare, parkway, expressway, or equivalent term to identify those roads comprising the basic structure of the road plan. Major thoroughfares shall also have an existing or proposed right-of-way of one hundred twenty (120) feet or more.
b. Collector Road (Arterial) A road used primarily to carry traffic from a minor road to a major thoroughfare. Collector roads (arterials) shall be the roads so designated in the Master Plan of the Township as having an existing or proposed right-of-way of at least eighty-six (86) feet but not more than one hundred and twenty (120) feet.
c. Local Road A road of limited continuity used primarily for access to abutting residential properties.
d. Marginal Access Road A minor road paralleling and adjacent to a major thoroughfare which provides access to abutting properties and protection from through traffic.
e. Boulevard A road developed to 2 two lane, one-way pavements, separated by a median.
f. Turn-Around. A short boulevard permanently terminated by a vehicular turn-around.
g. Cul-de-Sac A minor road of short length, having one (1) end open to traffic and being permanently terminated at the other end by a vehicular turn-around.
h. Loop Road A minor road of short length with two (2) openings to traffic, beginning from the same road and projecting parallel to each other and connecting at their termination by a loop.
26. Road, Private ? A road constructed within a dedicated right-of-way, in accordance with this Ordinance, which provides vehicular access to one (1) or more parcels, where said right-of-way and road have not been dedicated to the Road Commission for Oakland County, or other public jurisdiction.
27. Road, Public ? A road accepted, by dedication or otherwise, by the Road Commission for Oakland County or the Michigan Department of Transportation.
28. Street ? See Road.
29. Street, Private ? See Road, Private.
30. Street, Public ? See Road, Public.
ARTICLE IV ? DESIGN LAYOUT STANDARDS
Section 402 – Lots
Lots within subdivisions shall conform to the following standards:
1. Size and Shapes:
e. Excessive lot depth in relation to width shall be avoided. A depth-to-width ratio of 4 to 1 shall be considered a maximum.
SECTION 2 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4 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 5 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk Charter Township of Orion
Publish: 04.23.03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 27-4A
AMENDMENT TO ORD. NO. 27
SUBDIVISION REGULATIONS
PRIVATE ROAD & LAND DIVISION REGULATIONS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending Ordinance No. 27, Subdivision Regulations, as previously amended, for the Charter Township of Orion, Michigan; amending Article II, Definitions; and Article IV, Design Layout Standards; 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 Subdivision Control Act of 1967 as amended, and pursuant to all applicable provisions of law, Ordinance No. 27, Article II, Definitions, and Article IV, Design Layout Standards, are amended by placing the hereinafter described language in the Ordinance as follows:
ARTICLE II ? DEFINITIONS
Section 200 ? Definitions
1. Alley ? A public or private right-of-way shown on a plat which provides secondary access to a lot, block or parcel of land.
5. Driveway ? A strip of land, that is not dedicated to the public, used to provide vehicular access to a single zoning lot.
10. Lot Area ? The total horizontal area within the lot lines of the lot. For lots adjacent to private or public roads, the lot area shall not include any portion of the private or public road or road right-of-way.
23. Right-of-Way ? Land used or to be used, either public or private, to facilitate pedestrian and/or vehicular movement.
24. Road ? A public or private right-of-way which affords traffic circulation and principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and any other thoroughfare, except an alley or driveway, to a building. All such roads are an existing state, county or municipal roadway or in a plat heretofore approved pursuant to law or approved by official action on a plat duly filed and recorded in the office of the County Register of Deeds. A road also includes the land between the road lines, whether improved or unimproved.
a. Major Thoroughfare. An arterial road of great continuity which is intended to serve as a large volume traffic-way for both the immediate Municipality area and region beyond, and which may be designated in the Township’s Major Thoroughfare Plan, as a major thoroughfare, parkway, expressway, or equivalent term to identify those roads comprising the basic structure of the road plan. Major thoroughfares shall also have an existing or proposed right-of-way of one hundred twenty (120) feet or more.
b. Collector Road (Arterial) A road used primarily to carry traffic from a minor road to a major thoroughfare. Collector roads (arterials) shall be the roads so designated in the Master Plan of the Township as having an existing or proposed right-of-way of at least eighty-six (86) feet but not more than one hundred and twenty (120) feet.
c. Local Road A road of limited continuity used primarily for access to abutting residential properties.
d. Marginal Access Road A minor road paralleling and adjacent to a major thoroughfare which provides access to abutting properties and protection from through traffic.
e. Boulevard A road developed to 2 two lane, one-way pavements, separated by a median.
f. Turn-Around. A short boulevard permanently terminated by a vehicular turn-around.
g. Cul-de-Sac A minor road of short length, having one (1) end open to traffic and being permanently terminated at the other end by a vehicular turn-around.
h. Loop Road A minor road of short length with two (2) openings to traffic, beginning from the same road and projecting parallel to each other and connecting at their termination by a loop.
26. Road, Private ? A road constructed within a dedicated right-of-way, in accordance with this Ordinance, which provides vehicular access to one (1) or more parcels, where said right-of-way and road have not been dedicated to the Road Commission for Oakland County, or other public jurisdiction.
27. Road, Public ? A road accepted, by dedication or otherwise, by the Road Commission for Oakland County or the Michigan Department of Transportation.
28. Street ? See Road.
29. Street, Private ? See Road, Private.
30. Street, Public ? See Road, Public.
ARTICLE IV ? DESIGN LAYOUT STANDARDS
Section 402 – Lots
Lots within subdivisions shall conform to the following standards:
1. Size and Shapes:
e. Excessive lot depth in relation to width shall be avoided. A depth-to-width ratio of 4 to 1 shall be considered a maximum.
SECTION 2 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4 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 5 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk Charter Township of Orion
Publish: 04.23.03

Charter Township of Orion
Notice of Hearing on Miller Road Chloride #3
(Conklin to Paul Blvd.) Improvement
Notice is Hereby Given:
1 . That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Miller Road (Conklin to Paul Blvd.) by chloriding it four (4) times a year.
2. That a preliminary cost estimate prepared by the Township is on file with the Township Clerk.
3. That this Board has tentatively designated the following described lands in the township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-01-435-040 09-01-435-033 09-01-435-023 09-01-435-028
09-01-435-037 09-01-435-021 09-01-435-026 09-01-434-045
09-01-434-044 09-01-434-051 09-01-434-050 09-01-434-049
09-01-434-023 09-01-434-022 09-01-434-048 09-01-434-040
09-01-430-057 09-01-476-001 09-01-476-002 09-01-476-013
09-01-477-061 09-01-477-058 09-01-477-059 09-01-477-060
09-01-477-055 09-01-477-054 09-01-477-056 09-01-478-016
09-01-478-004 09-01-478-005
4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, May 5, 2003 at 8:00 p.m., to hear and consider any objections to the improvement and to said Special Assessment District.
6. If the Township Board approves the improvement, a special assessment may be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required.
Jill D. Bastian, Clerk
Publish: 4/23/03; 4/30/03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-168
PC-2003-07, STANDARD FEDERAL BANK
REZONING REQUEST
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted a map amendment to Ord. 78, Zoning Ordinance, to allow the rezoning of property, as follows:
PC-2003-07, Standard Federal Bank Rezoning, a request to rezone a 90,000 square foot site located at 831 Brown Rd., from LI-1 (Limited Industrial 1) to OP-2 (Office and Professional 2), for the purpose of building a branch office, Sidwell number 09-33-351-029, Michael A. Boggio, applicant.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 04.23.03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-167
AMENDMENT TO ORD. 78, ZONING ORDINANCE
ARTICLES V AND XII
SECTIONS 5.16, 5.26, AND 12.24(N)
SAFETY PATH REGULATION
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles V and XII, for the Charter Township of Orion, Michigan; changing the text in Sections 5.16, 5.26, and 12.24(N), regarding the requirements for safety path construction; 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 Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Articles V and XII, and Sections 5.16, 5.26, and 12.24(N), are amended by placing the hereinafter described language in the Article as follows:
Section 5.16 – Safety Path and Sidewalk Requirements
Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required of all developers in conjunction with the development of parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97. The sidewalks shall conform to the requirements of Ordinance 97.
Section 5.26 – Safety Path and Sidewalk Requirements
Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required of all developers in conjunction with the development of parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97. The sidewalks shall conform to the requirements of Ordinance 97.
Section 12.24 ? Required Conditions
* * *
N. Safety Paths. Construction of safety paths for pedestrian use and use by non-motorized vehicles shall be required in conjunction with the development of all parcels in this zoning district. The safety paths shall conform to the specifications outlined in Section 27.06 and Ordinance 97.
SECTION 2 of Ordinance
Amended only as specified above in this Ordinance, the Zoning Ordinance shall remain in full force and effect.
SECTION 3 of Ordinance
Any and all criminal or civil proceedings initiated by the Township and pending, and all vested rights on the effective date of this Ordinance, are saved and may be consummated according to the law and ordinance enforced at the time they were commenced.
SECTION 4 of Ordinance
The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication. If the notice of intent is filed within (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication. If an adequate petition is filed within thirty (30) days of publication, the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined. A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen (15) percent of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.
SECTION 5 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 6 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.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 04.23.03

CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, MONDAY, APRIL 21, 2003
Called meeting to order at 7:00 p.m.
All members present, except Fetzer.
Supervisor proclaimed week of April 21-27, 2003 as Oakland County Community Development Week.
Approved payment of bills in amount of $366,464.30.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved minutes of Monday, March 17, 2003 regular meeting, as corrected.
Approved minutes of Monday, April 7, 2003 regular meeting, as presented.
Approved minutes of Tuesday, April 15, 2003 special emergency meeting, as presented.
Received and filed Treasurer’s Report for March 2003, as submitted.
Authorized Election Inspector pay rates for 2003 Special Primary and General Elections, as proposed by Clerk.
Approved Environmental Services Agreement for Household Hazardous Waste Services with Onyx Environmental Services, as presented, and authorized Supervisor to sign on behalf of Township.
Adopted Resolution Authorizing The Request For Reimbursement of Eligible Project Expenses Under The Oakland County Environmental Infrastructure Fund Program, as presented, and directed Clerk to forward Resolution and supporting documentation to Oakland County for reimbursement.
Received and filed 2003 Trash Hauler Licensing Report, as submitted.
Authorized Supervisor to sign ProActive Software License and Service Agreement to allow for on-line registration by credit card for Parks & Recreation programs.
Approved request by Synergy to allow payment for water and sewer capital and lateral charges for Great Lake Athletic Club, 3800 S. Baldwin Road over period of ten (10) years.
Adopted resolution allowing temporary closure of Twin Oaks Ct. and portion of Twin Oaks Rd. (between 3541 and 3570), Rolling Meadows Subdivision, on Saturday, July 19, 2003, from 12:00 noon to 6:00 p.m., to hold subdivision ‘Family Fun Day?.
Granted different standard in road length for LS-02-08, lot split request by Guy Sinacola, for property on Brown Road just east of Baldwin Road, Sidwell Nos. 09-32-400-066/065/044, per revised plans date-stamped April 2, 2003, with understanding that proposed cul-de-sac and easement remain private until future development occurs.
Postponed PC-96-30, Harborview Final Plat, until May 5, 2003 meeting, per request of petitioner.
Authorized adjustment to Deputy Clerk compensation for 2003 from $2,600 to $5,200, effective immediately, with funding to come from Clerk’s department budget, if possible, without reduction in Clerk’s salary; or from budget adjustment to General Fund, if necessary.
Approved request for Outdoor Assembly Permit from Lake Orion High School Student Council for carnival at Olde World Canterbury Village on May 9-11, 2003, with activities to end at 10:00 p.m. each evening and with understanding that Township concerns will be addressed prior to event, and waived $100 application fee.
Approved PC-98-63, Pinery at Paint Creek Estates FPP and PC-98-63W, Wetlands, date-stamped April 11, 2003, as recommended by Planning Commission.
Approved PC-2003-07, Standard Federal Bank Rezoning, request to rezone 90,000-sq. ft. site located on north side of Brown Road (831 Brown Road) and west of Joslyn Road from LI-1 (Limited Industrial 1) to OP-2 (Office & Professional 2), Sidwell No. 09-33-351-029, Michael A. Boggio, applicant, per recommendation of Planning Commission.
Held CDBG Reprogramming Public Hearing at 8:00 p.m.
Approved CDBG Reprogramming, per recommendation of CDBG Committee, to allow for funding of removal of architectural barriers at Friendship Park.
Adopted Storm Debris Disposal Program guidelines, as revised to delete the 12? maximum diameter, and authorized Supervisor to hire one or more contractors to get clean-up work done, up to the $100,000 budgeted amount, with report to Board at May 5, 2003 meeting.
Directed GM Committee to complete list of requests, set priorities, and return to Board; then meeting to be scheduled with GM.
Adoped text amendment to Ord. 27, Subdivision Regulations: Private Road and Land Division Regulations, as published.
Adopted text amendment to Ord. 60, Land Divisions & Private Roads: Private Road and Land Division Regulations, as published.
Adopted PC-2000-57, Text Amendment to Ord. 78, Zoning Ordinance: Private Road and Land Division Regulations (setback requirements for private road easements), as published.
Adopted PC-2003-09, Text Amendment to Ord. 78, Zoning Ordinance: Safety Path Regulations, as published.
Received and filed Oxford Township Open Space and Greenway Plan, as presented, with Board directed to submit comments to Zoning/Planning Administrator by April 28, 2003 for subsequent submission to Oxford Township.
Postponed action on DPW Committee: Report Deadline Extension Request until May 5, 2003 meeting, with Committee to submit report to Board.
Authorized acceptance of bids for used fire apparatus, as presented, and completion of sale of these vehicles to highest bidders, per Fire Chief’s memo of April 14, 2003, but to get payment up front from Salem, NE (through village loan funding option).
Amended Charter Township of Orion Water & Sewer Regulations, effective July 1, 2003, to reflect Sewage Disposal System 2003/2004 Rate Increases, per Director of Public Works? memo of April 14, 2003, and acknowledgement that modest increase in sewer rates reflects rate passed through to customers without any mark-up charge.
Adjourned meeting at 9:35 p.m. Gerald A. Dywasuk, Supervisor Jill D. Bastian, Clerk Charter Township of Orion
Publish 04.23.03

Charter Township of Orion
Notice of Hearing on Miller Road Chloride #3
(Conklin to Paul Blvd.) Improvement
Notice is Hereby Given:
1 . That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Miller Road (Conklin to Paul Blvd.) by chloriding it four (4) times a year.
2. That a preliminary cost estimate prepared by the Township is on file with the Township Clerk.
3. That this Board has tentatively designated the following described lands in the township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-01-435-040 09-01-435-033 09-01-435-023 09-01-435-028
09-01-435-037 09-01-435-021 09-01-435-026 09-01-434-045
09-01-434-044 09-01-434-051 09-01-434-050 09-01-434-049
09-01-434-023 09-01-434-022 09-01-434-048 09-01-434-040
09-01-430-057 09-01-476-001 09-01-476-002 09-01-476-013
09-01-477-061 09-01-477-058 09-01-477-059 09-01-477-060
09-01-477-055 09-01-477-054 09-01-477-056 09-01-478-016
09-01-478-004 09-01-478-005
4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, May 5, 2003 at 8:00 p.m., to hear and consider any objections to the improvement and to said Special Assessment District.
6. If the Township Board approves the improvement, a special assessment may be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment will be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required.
Jill D. Bastian, Clerk
Publish: 4/23/03; 4/30/03

**NOTICE**
SPECIAL PRIMARY ELECTION TO ALL QUALIFIED ELECTORS:
NOTICE IS HEREBY GIVEN, that a Special Primary Election will be held in
CHARTER TOWNSHIP OF ORION
COUNTY OF OAKLAND, STATE OF MICHIGAN
TUESDAY, MAY 13, 2003
The POLLS will be open from 7:00 A.M. to 8:00 P.M.
AT THE POLLING PLACES LISTED BELOW:
1 – Blanche Sims Elementary School 465 E. Jackson, Lake Orion
2 – Ehman Center (Village of Lake Orion) 55 Elizabeth St., Lake Orion
3 – Pine Tree Elementary School 590 Pine Tree Rd., Lake Orion
4 – Orion Township Public Library 825 Joslyn Rd., Lake Orion
*5 – Webber Elementary School 3191 W. Clarkston Rd., Lake Orion
*6 – Christ the Redeemer Catholic Church 2700 Waldon Rd., Lake Orion
7 – Carpenter Elementary School 2290 Flintridge, Orion
*8 – Comm. Educational Resource Ctr. (CERC) 455 E. Scripps Rd., Lake Orion
9 – Comm. Educational Resource Ctr. (CERC) 455 E. Scripps Rd., Lake Orion
10 – Gingellville Community Center 1801 Waldon Rd., Orion
11 – Lake Orion Church of Christ 1080 Hemingway, Lake Orion
12 – Lake Orion United Methodist Church 140 E. Flint St., Lake Orion
13 – Gingellville Community Church 3920 S. Baldwin Rd., Orion
14 – King of Kings Lutheran Church 1715 S. Lapeer Rd., Lake Orion
15C – Orion Township Hall 2525 Joslyn Rd., Lake Orion
*Temporary Locations
FOR THE PURPOSE OF NOMINATING CANDIDATES OF ALL PARTICIPATING POLITICAL PARTIES FOR THE FOLLOWING OFFICES:
COUNTY County Commissioner, 3rd District
(including Orion and Oakland Townships)
JILL D. BASTIAN, CLERK
CHARTER TOWNSHIP OF ORION
Posted: 4/30/03

NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING, WEDNESDAY, MAY 7, 2003 AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE. ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2001-40, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, SECTION 30.06, F., TEMPORARY USE PERMITS.
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING, WEDNESDAY, MAY 7, 2003 IMMEDIATELY FOLLOWING THE PC-2001-40, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, SECTION 30.06, F., TEMPORARY USE PERMITS PUBLIC HEARING AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2003-06, TEXT AMENDMENT TO ZONING ORDINANCE NO. 78, BIG BOX RETAIL BUILDINGS
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

NOTICE
CHARTER TOWNSHIP OF ORION
ORD. 68, WATER AND SEWER
AMENDMENT TO WATER AND SEWER REGULATIONS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, April 21, 2003, amended the Water & Sewer System Regulations of Ord. 68, Section 5, Paragraphs A, B, C and E, effective July 1, 2003, as follows:
Section 5 – Charges for Sewer Service
A. Charges for sewage service to premises utilized for residential purposes shall be $47.66 per unit for each calendar quarter (three months) or part thereof. The volume of one (1) unit shall be 3,200 cubic feet.
B. Charges for sewage service to premises utilized for non-residential purposes shall be at rates to be established from time to time by the Township Board, but in no event shall said charges be less than $47.66 per unit for each calendar quarter (three months) or part thereof. The volume of one (1) unit shall be 3,200 cubic feet.
C. In addition to the sewer usage charges, all non-residential users of the system shall pay a quarterly ‘Industrial Waste Control? (IWC) Charge in accordance with the following schedule, based on assigned meter size:
Industrial Waste Control Charge (IWC) Quarterly IWC Charge
Meter Size

5/8 inch $ 17.88
3/4 inch $ 26.85
1 inch $ 44.73
1-1/2 inch $ 98.40
2 inch $ 143.10
3 inch $ 259.38
4 inch $ 357.75
6 inch $ 536.64
8 inch $ 894.42
10 inch $1,252.17
12 inch $1,431.06
14 inch $1,788.81
16 inch $2,146.56
18 inch $2,504.34
Non-residential users shall be defined as all users other than single family houses, apartment buildings, condominiums, townhouses, mobile homes, schools, churches and municipal buildings.
D. (unchanged)
E. High Strength Surcharge
A high strength surcharge shall be levied against industrial and commercial customers contributing sewage to the system with concentrations of pollutants exceeding the levels described as follows:
1. 275 milligrams per liter (mg/l) of Biochemical Oxygen Demand (BOD).
2. 350 milligrams per liter (mg/l) of Total Suspended Solids (TSS).
3. 12 milligrams per liter (mg/l) of Phosphorus (P).
4. 100 milligrams per liter (mg/l) of Fats, Oils, and Grease (FOG).
Amounts of High Strength Surcharge Total Charge per Pound of Excess
Pollutants
Biochemical Oxygen Demand (BOD) $0.209
Total Suspended Solids (TSS) $0.292
Phosphorus (P) $3.296
Fats, Oils, and Grease (FOG) $0.068
The High Strength Surcharge shall not apply to domestic customers. Restaurants shall also be exempt from High Strength Surcharge per the Federal Court ‘Second Interim Order?, dated July 10, 1981.
Copies of complete text of Ord. 68, including the amended Water and Sewer Regulations, are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 04.30.03

NOTICE
CHARTER TOWNSHIP OF ORION
ABSENT VOTER BALLOTS AVAILABLE
Absent Voter Ballots for the May 13, 2003 Special Primary Election are now available in the Orion Township Clerk’s office. To obtain an application for an Absent Voter Ballot, please call the Clerk’s office at (248) 391-0304, ext. 104, or come to the Clerk’s office at 2525 Joslyn Rd., Lake Orion, Michigan, 48360, between the hours of 8:30 a.m. and 4:30 p.m., Monday – Friday. The Clerk’s office will also be open on Saturday, May 10, 2003 from 8:00 a.m. – 2:00 p.m. for Absent Voter Ballots only.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 4/30/03 & 5/7/03

NOTICE
CHARTER TOWNSHIP OF ORION
OAKLAND COUNTY, MICHIGAN
CLOSE OF REGISTRATION for
JUNE 17, 2003 SPECIAL GENERAL ELECTION
To the Qualified Electors of Orion Township, Oakland County, Michigan:
Notice is hereby given that Monday, May 19, 2003 is the last day to register to vote or change your address for the June 17, 2003 Special General Election for Oakland County Commissioner, District 3, including Orion and Oakland Townships.
If you are not currently registered to vote or have changed your address in Orion Township,
please note the following locations and times for voter registration listed in this notice. Qualified electors may register to vote or change their address in one of the following manners:
In person:
? At the Orion Township Clerk’s office, 8:30 a.m. to 4:30 p.m., Monday through Friday, or at the office of any County Clerk during normal business hours;
? At any of the Secretary of State branch offices located throughout the State during normal business hours;
? At the specified agency for clients receiving services through the Family Independence Agency, the Department of Community Health, Michigan Jobs Commission, and some offices of the Commission for the Blind;
? At the military recruitment offices for persons enlisting in the armed forces.
By mail:
? By obtaining and completing a Mail-In Voter Registration Application at the Township Clerk’s office or at the Orion Township Library, 825 Joslyn Rd., (693-3000) and forwarding it to the election official directed on the application by the close of registration deadline. Mail-in voter registration applications may be obtained by contacting:
Jill D. Bastian, Clerk
2525 Joslyn Road
Lake Orion, Michigan 48360
(248) 391-0304, ext. 104
Note: A person who registers to vote by mail is required to vote in person the first time unless they have previously voted in person in Orion Township or are at least 60 years of age or are disabled.
Publish: 5/7/03 & 5/14/03

NOTICE
CHARTER TOWNSHIP OF ORION
ABSENT VOTER BALLOTS AVAILABLE
Absent Voter Ballots for the May 13, 2003 Special Primary Election are now available in the Orion Township Clerk’s office. To obtain an application for an Absent Voter Ballot, please call the Clerk’s office at (248) 391-0304, ext. 104, or come to the Clerk’s office at 2525 Joslyn Rd., Lake Orion, Michigan, 48360, between the hours of 8:30 a.m. and 4:30 p.m., Monday – Friday. The Clerk’s office will also be open on Saturday, May 10, 2003 from 8:00 a.m. – 2:00 p.m. for Absent Voter Ballots only.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 4/30/03 & 5/7/03

CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, MONDAY, MAY 5, 2003
Called meeting to order at 7:00 p.m.
All members present.
Special tribute presentation by State Rep. Ruth Johnson to Orion citizen, Larry Mullins.
Supervisor proclaimed week of May 11-17, 2003 as Police Week and May 15, 2003 as Peace Officers? Memorial Day in honor of law enforcement officers.
Acknowledged art work displayed at Township by Clubhouse Inspiration clients, in conjunction with Mental Health Awareness Month.
Approved payment of bills in amount of $614,375.94.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved minutes of Monday, April 21, 2003 regular meeting, as submitted.
Approved minutes of Monday, April 21, 2003 CDBG Reprogramming Public Hearing, as presented.
Approved solicitor’s license to sell ice cream from a truck for Gerry Prothero, pursuant to Ordinance No. 95, Peddlers and Solicitors Regulation.
Approved solicitor’s license to sell ice cream from a truck for Tammy Marvin, pursuant to Ordinance No. 95, Peddlers and Solicitors Regulation.
Acknowledged receipt of MML Workers? Compensation Fund dividend check in amount of $8,788.00.
Accepted resignation of Lisa Simpkins from Parks & Recreation Advisory Committee, with regret.
Appointed Alternate PRAC Member, Joe Bird, to fill vacancy on Parks & Recreation Advisory Committee to complete term expiring on December 31, 2003; further, authorized advertising interested citizens to serve as Parks & Recreation Advisory Committee Alternate Member.
Received and filed Notice of Solicitation from Seventh-Day Adventist Church of intent, as non-profit religious organization, to solicit door-to-door in Orion Township, June – September, 2003.
Received and filed DEQ Permit Application Notice (No. 0978): Weed Control in Lake Orion, Chamberlain Area.
Received and filed DEQ Permit Application Notice (No. 0977): Weed Control in Lake Orion, Area #6 ? Brittain, Algene, Lookout Ln.
Held Miller Road Chloride #3 S.A.D. Cost Estimate Public Hearing at 8:05 p.m.
Adopted Resolution Authorizing Supervisor to Prepare Special Assessment Roll for Miller Road Chloride #3 S.A.D. (Conklin Rd. to Paul Blvd.).
Accepted 2002 Audit, as presented, and authorized filing 2002 Audit and Management Letter with local audit division of Michigan Department of Treasury.
Approved PC-98-63, Pinery at Paint Creek Estates Final Plat, Township date-stamped April 29, 2003, and directed Clerk to sign mylar only when applicant has demonstrated compliance with items enumerated in review letters of Township engineering and planning consultants, Township attorney, and Fire Chief.
Approved PC-96-30, Harborview Final Plat, Township date-stamped April 29, 2003, and directed Clerk to sign mylar only when applicant has demonstrated compliance with items enumerated in review letters of Township engineering and planning consultants, Township attorney, and Fire Chief.
Received and filed Clerk’s memo of April 19, 2003 and accompanying documentation, including April 17, 2003 correspondence from Township attorney, regarding METRO Act compliance and authorized Township attorney to review Township Ordinance No. 122 for any necessary modifications, with a report to the Board within ninety (90) days.
Received and filed DPW Committee Report, as presented, and granted ninety (90) day extension, until August 4, 2003 meeting (if necessary) to allow Committee to review options for long-range planning, including continue discussions with Oakland County regarding contracting for DPW Department (water and sewer) responsibilities.
Clerk Bastian left meeting at 9:25 p.m. and Deputy Clerk Rosalie Ward took over roll call and minute recording duties for remainder of meeting.
Authorized soliciting bids for Union Church floor reinforcement work, upon receipt of plans from architect, by end of week (or consider going with different architect).
Authorized soliciting bids for Union Church HVAC system.
Authorized compensation to Village of Lake Orion for clean-up of storm debris (in Pct. 2), in amount of 10% of amount actually spent for entire Township project, up to $10,000, and to not set a precedent, with Village DPW to do actual curbside clean-up of debris work.
Received oral status report from Supervisor regarding neighborhood dispute on Conklin Road raised at April 21, 2003 meeting.
Discussed citizens? concerns regarding condition of rear of Hamlin Pub property where it abuts residential properties on Markdale.
Authorized contracting with Concessions Plus for 2003 concession services at Township parks, pending contractor receipt of State license, Oakland County Health Department permit and compliance with Township insurance requirements, noting that mobile trailer will be used by contractor at Friendship Park, not pavilion kitchen.
Held Executive Session regarding Orion vs Turner.
Authorized Township attorney to proceed as directed regarding Orion vs Turner.
Adjourned meeting at 10:55 p.m. Gerald A. Dywasuk, Supervisor Jill D. Bastian, Clerk Charter Township of Orion
Publish 05.07.03

SYNOPSIS, REGULAR MEETING, MONDAY, MAY 19, 2003
Called meeting to order at 7:00 p.m.
All members present, except Bastian.
Designated Recording Secretary to call roll and record minutes, in absence of Clerk.
Approved payment of bills in amount of $569,988.97.
Approved Agenda, as amended.
Approved Consent Agenda, as presented.
Set public hearing for Special Assessment Roll for Miller Road #3 Chloride S.A.D. for 8:00 p.m. on Monday, June 16, 2003.
Received and filed Miller Road Neighborhood Report from Supervisor.
Received and filed Markdale Residents? Concerns re: Hamlin Pub Report.
Reappointed Barbara Shea Pote to Safety Path Advisory Committee for one (1) year term expiring April 30, 2004, and directed Clerk to advertise other SPAC vacancies.
Received and filed Treasurer’s Report for April 2003, as submitted.
Approved donation of labor by Tanner, Inc. to build 18?-20? gazebo for Friendship Park, per requirements reflected in Board comments regarding items related to construction of same, and authorized $5,000 adjustment to 2003 General Fund budget (from General Capital Improvement Fund or funding obtained through donations), with specified funds to be expended for building materials.
Authorized contracting with Oakland Excavating for Civic Center Park Road Improvements at cost of $440,845.98 for Phases I and II, with budget adjustment from 2002 to 2003 funds from General Capital Improvement Fund, and direct Supervisor to sign contract, pending contractor compliance with Township insurance requirements.
Postponed consideration of amendment to Castello DiBologna Dance/Entertainment Agreement: Outdoor Music, per request of petitioner.
Approved tangible Township support in form of use of Friendship Park for parking, with understanding of compliance with applicable Township ordinances and no hook-ups allowed on Township property, for ‘Art, Autos, & Architecture? event to be held on July 26 and 27, 2003 at Guest House.
Authorized purchase of used Fire Rescue Unit (ambulance), 1995 Ford/Horton, from Oxford Fire Department, at cost of $28,500, for emergency use only (not transport), with funds to come from Fire Capital Improvement Fund, and to be housed eventually in new Fire Station on N. Baldwin Road.
Received and filed West Nile Virus Committee Status Report, as presented.
Received and filed Storm Debris Removal Status Report, as presented.
Adjourned meeting at 8:38 p.m. Gerald A. Dywasuk, Supervisor Jill D. Bastian, Clerk
Charter Township of Orion
Publish 05.21.03

NOTICE
CHARTER TOWNSHIP OF ORION
VACANCIES SAFETY PATH ADVISORY COMMITTEE
The Charter Township of Orion is seeking interested residents to serve on the Safety Path Advisory Committee. If you wish to be considered for appointment, please submit a letter of interest, with qualifications and experience, by June 9, 2003, at 4:00 p.m., to:
Charter Township of Orion
Jill D. Bastian, Clerk
2525 Joslyn Rd.
Lake Orion, Michigan 48360
For further information, please call (248) 391-0304, ext. 104.
Publish: 5/28/03 & 6/4/03

SYNOPSIS ORION TOWNSHIP LIBRARY BOARD
Meeting
May 15, 2003
Present: John Cirner, Frank Mclsaac, Mary Pergeau, James J. Abrarmczyk, Alexis lveson, MaryAnne Thorndycraft, trustees; Linda Sickles, director
President John Cirner called the meeting to order at 7:10 p.m.
1 . Agenda approved as amended.
2. Minutes of March, 2003 regular meeting approved.
3. Treasurer’s report and financial statements for March and April 2003 filed for audit.
4. Bills report totaling $187,156 approved.
5. Director reported circulation decrease of 1.8% from April 2002 at 28,185 items borrowed. Decrease a result of 3 days closure due to ice storm.
6. Approved reinstating “Orion @ Your Service” program highlighting non- profit organizations serving the Orion community.
7. Library received national recognition for newsletter from American Library Association.
8. Library will be participating with a float in the holiday parade. Board approved letter of commendation to Penny Peterson, editor of the newsletter.
9. Approved acknowledgement of extra efforts of Kim Winther, administrative assistant, Gene Williams, acting supervisory librarian during director’s absence and to Jeff Straub for extra work during ice storm.
Meeting adjourned at 9:00 p.m.
The next regular meeting is scheduled for Thursday, June 19, 2003 at 7:00 p.m. in the conference room of the library.
Prepared by,
Linda Sickles
Director

UNION CHURCH COMMUNITY CENTER
FLOOR REINFORCEMENT Project # 03011 ADVERTISEMENT FOR BID
Orion Township is accepting bids for floor reinforcement in Orion Township’s Union Church Community Center, located @ 21 E Church St. in Lake Orion, between Broadway and Anderson street, next to Orion Senior Center.
Sealed bids are to be received at Orion Township Clerk Department no later than 2 p.m., Thursday, June 19, 2003, labeled “Union Church Community Center” to the Clerk Department, at 2525 Joslyn Rd., Orion, MI 48360. Bid Forms are included in the bid documents and must be used when submitting a bid for this project. All bids shall remain firm for a period of sixty (60) calendar days after bid opening.
The bidder, by making a Bid represents that the bidder has visited the site and become familiar with the local conditions under which the work to be performed and correlated personal observations with requirements of the Contract Documents. Those wishing to visit the site may do so during the hours of 7a.m. to 10 a.m. Mon. -Fri. only.
Bid Documents may be obtained between the hours of 8:30a.m. – 4:30 p.m., Mon.- Fri., excluding holidays, at the following location:
Orion Township Offices
Clerk Department
2525 Joslyn Road
Orion, M1 48360
Publish: 5/28/03 & 6/4/03

NOTICE OF PUBLIC HEARING
THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING, WEDNESDAY, JUNE 18, 2003 AT 8:00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE, ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:
PC-2003-15, TEXT AMENDMENT TO ORDINANCE NO. 77, SIGN REGULATIONS
A COMPLETE COPY OF THE PROPOSED TEXT AMENDMENT IS ON FILE IN THE OFFICE OF THE TOWNSHIP CLERK AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY, UNTIL THE DATE OF THE HEARING.
JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION
JILL D. BASTIAN
TOWNSHIP CLERK

NOTICE OF PUBLIC HEARING

THE CHARTER TOWNSHIP OF ORION PLANNING COMMISSION WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JUNE 4, 2003 SCHEDULED TO BEGIN AT 8-00 P.M. IN THE LOWER LEVEL OF THE ORION TOWNSHIP HALL, 2525 JOSLYN ROAD, LAKE ORION, MICHIGAN 48360, ON THE FOLLOWING MATTER:

PC-2003-12, RITE AID #4307 EXTERIOR PHARMACY WINDOW DRIVE-THROUGH SPECIAL LAND USE, LOCATED AT 630 S. LAPEER ROAD. THE PROPOSED USE OF THE EXISTING BUILDING IS TO ADD AN EXTERIOR PHARMACY WINDOW DRIVE-THROUGH FOR PRESCRIPTION DRUGS PICK-UP ONLY. SIDWELL #09-11-428-015. APPLICANT: S.S.O.E., INC.

IF YOU ARE NOT ABLE TO ATTEND, YOU MAY SEND CORRESPONDENCE TO THE ORION TOWNSHIP HALL, ADDRESSED TO THE PLANNING COMMISSION, TO EXPRESS YOUR VIEWS AND/OR CONCERNS. A COPY OF THE PROPOSED SPECIAL LAND USE APPLICATION IS ON FILE IN THE BUILDING DEPARTMENT AND MAY BE EXAMINED DURING NORMAL BUSINESS HOURS, 8:30 A.M. TO 4:30 P.M., MONDAY THROUGH FRIDAY UNTIL THE DATE OF THE HEARING.

JOHN STEIMEL, CHAIRMAN
PLANNING COMMISSION

JILL D. BASTIAN
TOWNSHIP CLERK

Charter Township of Orion
Notice of Hearing on Miller Road (Conklin to Paul Blvd.)
Chloride #3 Improvement
Notice is Hereby Given:
1. That the Board of Trustees of the Charter Township of Orion has initiated the process of making certain improvements to Miller Road (Conklin to Paul Blvd.) by chloriding it four (4) times a year.
2. That a special assessment roll prepared by the Township Supervisor is on file with the Township Clerk.
3. That this Board has designated the following described lands in the township as constituting the Special Assessment District against which the cost of the improvement is to be assessed:
09-01-435-040
09-01-435-033
09-01-435-023
09-01-435-028
09-01-435-037
09-01-435-021
09-01-435-026
09-01-434-045
09-01-434-044
09-01-434-051
09-01-434-050
09-01-434-049
09-01-434-023
09-01-434-022
09-01-434-048
09-01-434-040
09-01-430-057
09-01-476-001
09-01-476-002
09-01-476-013
09-01-477-061
09-01-477-058
09-01-477-059
09-01-477-060
09-01-477-055
09-01-477-054
09-01-477-056
09-01-478-016
09-01-478-004
09-01-478-005
4. The Special Assessment District is proposed to be created for a period of ten (10) years or until a petition to discontinue the special assessment district is received with signatures that represent a majority of the properties in the district. Annual redeterminations of the cost of the improvement shall be necessary in the future, without a change in the boundaries in said Special Assessment District. The projected incremental increases are ten (10%) percent per year for the term of the improvement without additional public hearings.
5. That the Township Board will meet at the Orion Township Hall, 2525 Joslyn Road, Lake Orion, Michigan, 48360, on Monday, June 16, 2003 at 8:00 p.m., to hear and consider any objections to the assessments and to said Special Assessment Roll.
6. If the Township Board confirms the roll a special assessment shall be levied against properties that benefit from the improvement. Act 186 of the Public Acts of Michigan, 1973, as amended, provides that the special assessment must be protested at the hearing held for the purpose of confirming the special assessment roll before the Michigan Tax Tribunal may acquire jurisdiction of any dispute involving the special assessment. The hearing for the purpose of confirming the special assessment wilt be held, if at all, at some time in the future pursuant to notice given as required by law. Appearance and protest at such hearing is required in order to appeal the amount of the special assessment to the Michigan Tax Tribunal. An owner of or party in interest in property to be assessed, or his or her agent, may appear in person to protest the special assessment, or may protest the special assessment by letter filed with the Township Clerk at or prior to the time of the hearing, in which case appearance is not required.
Jill D. Bastian, Clerk
Publish: 6/4/03; 6/11/03

“NOTICE”
SPECIAL GENERAL ELECTION
TO ALL QUALIFIED ELECTORS:
NOTICE IS HEREBY GIVEN, that a Special General Election will be held in
CHARTER TOWNSHIP OF ORION
COUNTY OF OAKLAND, STATE OF MICHIGAN
TUESDAY, JUNE 17, 2003
The POLLS will be open from 7:00 A.M. to 8:00 P.M.
AT THE POLLING PLACES LISTED BELOW:
1.- Blanche Sims Elementary School
465 E. Jackson, Lake Orion
2. Ehman Center (Village of Lake Orion)
55 Elizabeth St., Lake Orion
3. Pine Tree Elementary School
590 Pine Tree Rd., Lake Orion
4. Orion Township Public Library
825 Joslyn Rd., Lake Orion
*5. Webber Elementary School
3191 W. Clarkston Rd., Lake Orion
*6. Christ the Redeemer Catholic Church
2700 Waldon Rd., Lake Orion
7. Carpenter Elementary School
2290 Flintridge, Orion
*8. Comm. Educational Resource Ctr. (CERC)
455 E. Scripps Rd., Lake Orion
9. Comm. Educational Resource Ctr. (CERC)
455 E. Scripps Rd., Lake Orion
10 – Gingellville Community Center
1801 Waldon Rd., Orion
11. Lake Orion Church of Christ
1080 Hemingway, Lake Orion
12. Lake Orion United Methodist Church
140 E. Flint St., Lake Orion
13. Gingellville Community Church
3920 S. Baldwin Rd., Orion
14. King of Kings Lutheran Church
1715 S. Lapeer Rd., Lake Orion
15C. Orion Township Hall
2525 Joslyn Rd., Lake Orion
*Temporary Locations
FOR THE PURPOSE OF ELECTING A CANDIDATE OF ALL PARTICIPATING POLITICAL PARTIES FOR THE FOLLOWING OFFICE:
COUNTY COUNTY COMMISSIONER, 3RD DISTRICT
(including Orion and Oakland Townships)
JILL D. BASTIAN, CLERK
CHARTER TOWNSHIP OF ORION
Publish: 6/4/03 & 6/11/03

NOTICE
CHARTER TOWNSHIP OF ORION
PUBLIC ACCURACY TEST
Notice is hereby given that the Charter Township of Orion Election Commission has scheduled the public accuracy test for the June 17, 2003 Special General Election for Wednesday, June 11, 2003, at 5:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan.
The public accuracy test is conducted to determine that the program and election equipment being used to tabulate the results of the June 17, 2003 Special Primary Election count the votes in the manner prescribed by law.
Orion Township Election Commission
Jill D. Bastian, Clerk
Richard Tomczak, Trustee
Michael Fetzer, Trustee
Publish: 6/4/03

CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
SYNOPSIS, REGULAR MEETING, MONDAY, JUNE 16, 2003
Called meeting to order at 7:00 p.m.
All members present except Bastian.
Supervisor proclaimed month of July 2003 as Recreation & Parks Month.
Approved payment of bills in amount of $584,985.69.
Approved Agenda, as amended.
Approved Consent Agenda, as amended.
Approved minutes of regular meeting of Monday, May 5, 2003, as submitted.
Approved minutes of regular meeting of Monday, June 2, 2003, as submitted.
Received and filed Treasurer’s Report for May 2003, as submitted.
Adopted resolution allowing temporary closure of May Center Court, cul-de-sac at northern end of May Center Road, Silverbell Oaks Subdivision, on Saturday, June 21, 2003, to hold subdivision party.
Received and filed notice from Michigan Consumer Federation, consumer protection and advocacy organization, of their intent to conduct door-to-door canvass of Orion Township from June 4, 2003 through August 20, 2003.
Received and filed DEQ Permit Application Notice (No. 1275): Weed Control in Voorheis Lake, to control nuisance aquatic plants (annual request).
Held First Reading of PC-2003-06, Text Amendment to Ord. 78, Zoning Ordinance, Sections 2.01, 13,03, and 15.02, to define and regulate Large Scale Retail Establishments (‘Big Box? retail), and directed Clerk to publish for Second Reading and possible adoption at July 7, 2003 meeting.
Held First Reading of PC-2001-40, Text Amendment to Ord. 78, Zoning Ordinance, Section 30.06, F, regarding Temporary Use Permits, to incorporate specific criteria that Zoning Board of Appeals would use to review future temporary use permit applications, and directed Clerk to publish for Second Reading and possible adoption at July 7, 2003 meeting.
Authorized Supervisor to notify Road Commission for Oakland County that Orion Township has no objection to proposed abandonment of portion of Joslyn Court from Joslyn Road to Waldon Road.
Authorized Supervisor to prepare cost estimate for proposed Conklin Road Chloride #1 S.A.D., in response to Conklin Road (Golfview to Indian Lake Road) residents? petition to establish Special Assessment District for purpose of chloriding that portion of Conklin Road.
Authorized Supervisor to prepare cost estimate for proposed Square Lake #1 (Lake Level) S.A.D., in response to petition from residents with access to Square Lake to establish Special Assessment District for purpose of improving water quality by controlling lake level on Square Lake through collection of funds to pay monthly electric bill for lake pump.
Authorized Supervisor to prepare cost estimate for proposed Square Lake #2 (Algae Control) S.A.D., in response to petition from residents with access to Square Lake to establish Special Assessment District for purpose of improving water quality through control of algae in Square Lake.
Authorized entering into and signing two (2) Letters of Understanding (Clerical Union and DPW Union) for donation of medical/personal time to Phoebe Schutz, with time period being ninety (90) days, and that each Township employee may donate up to, but no more than, five (5) days of their accrued, but unused, medical/personal time.
Authorized Supervisor to prepare cost estimate for proposed Elkhorn Lake #3 (Weed Control) S.A.D., in response to petition from residents to establish Special Assessment District for purpose of improving water quality through chemical weed kill.
Held Special Assessment Roll public hearing for renewal of Miller Road Chloride #3 S.A.D.
Adopted Resolution Confirming Special Assessment Roll for Miller Road Chloride #3 S.A.D., as presented.
Following presentation by Tom Chen, Etkin Skanska, received and filed Community Center Feasibility Study Progress Report, as submitted, and authorized continuing with study.
Authorized charging legal fees and other consultant fees, to-date, pending, and future, associated with Eagle Valley landfill’s MDEQ wetlands permit and other related topics, to Host Fee Fund, and to create line item in that budget for these expenses.
Adjourned meeting at 8:45 p.m.
Gerald A. Dywasuk, Supervisor
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 06.18.03

ADVERTISEMENT
orion twp. board vacancy
The Board of Trustees of the Charter Township of Orion is seeking applicants for the position of Trustee to complete the term vacated by Eric Wilson. The term expires on November 20, 2004. Resumes, accompanied by a letter of interest, must be received in the Clerk’s Office, Orion Township Hall, 2525 Joslyn Road, Lake Orion, MI 48360, by 4:00 p.m. on July 2, 2003. Interviews will take place at 6:00 p.m. preceding the regular Board Meeting on Monday, July 7, 2003. For questions, call the Clerk’s Office at (248) 391-0304, ext. 104.

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORD. 78,
ARTICLES II, XIII, XV AND XXVII
SECTIONS 2.01, 13.03, 15.02 AND 27.16
BIG BOX RETAIL
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 7, 2003, 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 II, XIII, XV and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01, 13.03, 15.02; and adding Section 27.16; 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 Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Article 2, Section 2.01 is amended by placing the hereinafter described language in the Article as follows:
ARTICLE II, CONSTRUCTION OF LANGUAGE AND DEFINITIONS
Section 2.01 – Definitions
Large Scale Retail Establishment: A retail establishment commonly referred to as a ‘big box? store, which exceeds fifty-five thousand (55,000) square feet in gross floor area for a single tenant.
SECTION 2 of Ordinance
Pursuant to the provisions of the Michigan Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Articles 13 and 15, Sections 13.03 and 15.02 are amended by placing the hereinafter described language in the Article as follows:
ARTICLE XIII, COMPARISON BUSINESS DISTRICT (CB)
Section 13.03 – Special Land Uses
D. Large Scale Retail Establishments of greater than fifty-five thousand (55,000) square feet. All uses must comply with the requirements outlined in Section 27.16.
ARTICLE XV, GENERAL BUSINESS 2 (GB-2)
Section 15.02 – Special Land Uses
B. Large Scale Retail Establishments of greater than fifty-five thousand (55,000) square feet. All uses must comply with the requirements outlined in Section 27.16.
SECTION 3 of Ordinance
Pursuant to the provisions of the Michigan Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Article 27, Section 27.16 is created by placing the hereinafter described language in the Article as follows:
ARTICLE XXVII ? GENERAL PROVISIONS
Section 27.16 – Large Scale Retail Establishments
A. Minimum Area and Width. Large scale retail stores developed individually or in combination shall have a minimum area of ten (10) acres. Sites of less than ten (10) acres may be approved, at the sole discretion of the Planning Commission, when it is demonstrated by the applicant that the following conditions are met:
1. The site will be developed and shall meet the requirements for maximum lot cover, maximum floor area cover, maximum height, or minimum yard (setback) requirements of the districts in which the site is located.
2. Sufficient area is available to meet all landscaping and buffering standards set forth in Section 27.05.
B. Design Standards. The applicant shall demonstrate in the submission of a site plan and supportive material that the following design standards are met:
1. Aesthetic Character.
a. Facades and Exterior Walls:
i. Facades greater than one hundred (100) feet in length, measured horizontally, shall incorporate projections or recesses, neither of which shall exceed one hundred (100) horizontal feet.
ii. Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than fifty percent (50%) of their horizontal length.
iii. Building facades must include repeating patterns of color, texture, and architectural or structural bays of twelve (12) inches in width (i.e. offsets, reveals or projecting ribs).
2. Roofs.
a. Flat Roofs. Incorporate parapets to conceal rooftop equipment from public view. The height of the parapets shall not exceed one-third (1/3) of the height of the supporting wall.
b. Pitched Roof.
i. Provide overhanging eaves that extend no less than three (3) feet past the supporting walls.
ii. The average slope shall be one (1) foot of vertical rise for three (3) feet of horizontal run.
3. Materials and Colors.
a. Predominant exterior building materials shall be high quality material, including, but not limited to, brick, stone, and integrally tinted/textured concrete masonry units.
b. Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
c. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
d. Exterior building materials shall provide texture on at least fifty percent (50%) of the fa’ade, but shall not completely consist of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
4. Entryways. Each principal building shall have clearly defined, highly visible customer entrance consisting of a variety of architectural features such as the following:
a. canopies, porticos or overhangs;
b. recesses/projections;
c. raised corniced parapets over the door;
d. peaked roof forms;
e. display windows;
f. integrated tile work and moldings;
g. integral planters;
h. pavement/material changes for pedestrian cross walks.
C. Site Design.
1. Parking Lot Location. No more than sixty percent (60%) of the off-street parking area devoted to the large scale retail establishment may be located between the front facade of the principal building and the abutting streets.
2. Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses. Pavement/material changes at driveway crossings shall be installed to better define pedestrian cross walks.
3. Pedestrian Circulation.
a. Safety paths shall be provided in accordance with the Safety Path Ordinance No. 97.
b. Internal sidewalks of no less than six (6) feet in width shall be provided connecting the safety paths to the principal customer entrances and adjacent to all parking areas. No less than ten (10) feet shall exist between the building fa’ade and the planting bed for foundation plantings.
c. All internal sidewalks that cross or are incorporated into maneuvering lanes shall incorporate materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
4. Central Features and Community Space. Each large scale retail establishment shall contribute to the enhancement of the community by providing at least two (2) of the following: patio/seating area, pedestrian plaza with benches, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such focal features or amenities. All such areas shall have direct access to the internal sidewalk network and constructed of materials that are compatible with the principal materials of the building and landscaping.
5. Loading, Trash Containers, Outdoor Storage. Each of these functions shall be incorporated into the overall design of the building and landscaping to be visually compatible and fully screened from the view of adjacent properties and public streets. These features shall also be setback a minimum of fifty (50) feet from adjacent residentially zoned properties.
D. Traffic Impact. The applicant shall submit a detailed traffic study in accordance with Section 27.14. Based on the results of the traffic impact study, the applicant shall propose methods of mitigating any adverse effects to the transportation network and show to what degree the proposed methods maintain or improve the operating levels of the impacted streets and intersections.
SECTION 4 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 5 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 6 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 7 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 07.02.03

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED AMENDMENT TO ORD. 78
PC-2002-29,
ORION VILLAGE CROSSING, LLC REZONING REQUEST
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 7, 2003, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt a map amendment to Ord. 78, Zoning Ordinance, to allow the rezoning of property, as follows:
PC-2002-29, Orion Village Crossing, LLC Rezoning, a request to rezone portions of the subject site, located on the southeast corner of Baldwin and Maybee Roads, from OP-1 (Office Professional 1) to RB-2 (Restricted Business 2) ? 1.23 acres, from OP-1 (Office Professional 1) to RM-2 (Multiple Family Residential 2) ? 2.41 acres, and from RB-2 (Restricted Business 2) to RM-2 (Multiple Family Residential 2) ? 7.70 acres, for the purpose of constructing a commercial PUD and a residential PUD, Sidwell number 09-29-326-038, Orion Village Crossing, LLC, applicant.
A copy of the proposed ordinance amendment is on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 07.02.03

NOTICE
CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE AMENDMENT TO ORD. 78, ZONING ORDINANCE
ARTICLE XXX, SECTIONS 30.06(F)
TEMPORARY USES
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 7, 2003, 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, Article XXX, for the Charter Township of Orion, Michigan; changing the text in Section 30.06(F); 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 Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, ARTICLE XXX, Section 30.06(F) is amended by placing the hereinafter described language in the Article as follows:
Section 30.06 ? Permits to Construct, Move, Alter or Change Use
F. Temporary Use Permits.
1. Initial Application: Temporary use permits for a period of time not to exceed three (3) months, may be issued by the Zoning Board of Appeals, provided that such use will not cause undue harm or unreasonable disturbance to adjacent property owners or nearby residents. Temporary use permits may be issued for facilities that are seasonal in nature, such as Christmas tree sales and roadside vegetable stands or for temporary activities similar to those outlined in section 27.02(B) 27.02(C) of this Ordinance. The Zoning Board of Appeals shall have the authority to specify conditions, including duration of use and hours of operation, in order to ensure compliance with this Ordinance. Property owners and residents within three hundred (300) feet of the zoning lot on which the proposed temporary use is to be located shall be notified at least five (5) days in advance of the meeting at which the application for the temporary use permit will be considered. Additionally, the following conditions shall apply to each application:
a. The temporary use shall not occupy any essential parking spaces or maneuvering lanes associated with an on-site permanent use.
b. To ensure the continued safety of the customers, when located adjacent to a vehicular traffic area, the temporary sales area shall be fenced or provided with appropriate barriers to ensure pedestrian safety and pedestrian passageway.
c. Access shall be provided via a paved driveway.
d. Dedicated parking areas shall be provided which do not extend over sidewalks or safety paths.
e. All products shall be compatible with the permitted uses of the respective zoning district within which the site is located. The Zoning Board of Appeals may deny an application for Temporary Use if it is found that the proposed use is not consistent with the intent of the Zoning District in which the property is located or is incompatible with the permitted uses allowed within the Zoning Ordinance.
f. Flammable products shall be located far enough from the permanent structures to prevent a fire hazard.
g. Due to traffic safety concerns, no temporary sales shall be permitted at gasoline service stations.
h. All signage shall comply with the requirements of the Charter Township of Orion Sign Regulations (Ord. No. 77). As a condition of approval, the ZBA may impose more restrictive sign regulations than those sign regulations specified in Ordinance 77, where traffic safety or impacts to neighboring properties are a concern.
i. The Zoning Board of Appeals may deny a temporary use permit if the requested temporary use is located within one thousand (1,000) yards of similar temporary or permanent use.
2. Renewal Application: Once a temporary use permit has been granted, the use may be reinstated only if the permit is renewed annually; subject to the following conditions, and verification that the above noted requirements are still being satisfied:
a. Only one (1) application for renewal of a temporary use permit may be made in any one (1) calendar year. Renewals shall not be granted if the application is requested by a different individual, entity or corporation for the same parcel.
b. An application for renewal of a temporary use permit issued for the same use, location, time period, and hours of operation shall require only a written request submitted on the applicant’s letterhead to the Building Department, setting forth the requested conditions for the current year, providing the original application was deemed to be complete.
c. An application for renewal of a temporary use permit that seeks to change the use or the location of the use or increase the duration of the time period and/or the hours of operation from the initial application shall require renotification of property owners and residents as set forth in Section 30.06 (F) (1) of this Ordinance.
d. A temporary use permit shall not be renewed if an administrative renewal of a temporary use permit has not been applied for within fourteen (14) months of the date approved by the Zoning Board of Appeals.
e. A record of temporary use permits granted by the Zoning Board of Appeals shall be maintained by the Building Department. Each file shall include at least the following: the original application, the terms of approval of the initial application, the terms of approval for all subsequent renewals of the original application, and any written complaints received by the Township regarding the use.
f. The Zoning Board of Appeals shall review the file for the temporary use prior to a decision on renewal of a permit, unless otherwise administratively approved by the Building Department in accordance with this Section.
g. The temporary use permit shall not be transferable to another individual, entity or corporation.
h. The owner of the property on which the temporary use is requested shall jointly sign the application for temporary use or shall provide written permission for use of the property as a temporary use.
SECTION 2 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 3 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 4 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 5 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and 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 Jill D. Bastian, Clerk, at the address listed above.
Jill D. Bastian, Clerk
Charter Township of Orion
Publish: 07.02.03

NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 78-169
AMENDMENT TO ORD. 78, ZONING ORDINANCE
ARTICLES II, XIII, XV AND XXVII
SECTIONS 2.01, 13.03, 15.02 AND 27.16
BIG BOX RETAIL
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 7, 2003, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance amending the Zoning Ordinance No. 78, Articles II, XIII, XV and XXVII, for the Charter Township of Orion, Michigan; changing the text in Sections 2.01, 13.03, 15.02; and adding Section 27.16; 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 Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Article 2, Section 2.01 is amended by placing the hereinafter described language in the Article as follows:
ARTICLE II, CONSTRUCTION OF LANGUAGE AND DEFINITIONS
Section 2.01 – Definitions
Large Scale Retail Establishment: A retail establishment commonly referred to as a ‘big box? store, which exceeds fifty-five thousand (55,000) square feet in gross floor area for a single tenant.
SECTION 2 of Ordinance
Pursuant to the provisions of the Michigan Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Articles 13 and 15, Sections 13.03 and 15.02 are amended by placing the hereinafter described language in the Article as follows:
ARTICLE XIII, COMPARISON BUSINESS DISTRICT (CB)
Section 13.03 – Special Land Uses
D. Large Scale Retail Establishments of greater than fifty-five thousand (55,000) square feet. All uses must comply with the requirements outlined in Section 27.16.
ARTICLE XV, GENERAL BUSINESS 2 (GB-2)
Section 15.02 – Special Land Uses
B. Large Scale Retail Establishments of greater than fifty-five thousand (55,000) square feet. All uses must comply with the requirements outlined in Section 27.16.
SECTION 3 of Ordinance
Pursuant to the provisions of the Michigan Township Planning and Zoning Act as amended, pursuant to all applicable provisions of law, Article 27, Section 27.16 is created by placing the hereinafter described language in the Article as follows:
ARTICLE XXVII ? GENERAL PROVISIONS
Section 27.16 – Large Scale Retail Establishments
A. Minimum Area and Width. Large scale retail stores developed individually or in combination shall have a minimum area of ten (10) acres. Sites of less than ten (10) acres may be approved, at the sole discretion of the Planning Commission, when it is demonstrated by the applicant that the following conditions are met:
1. The site will be developed and shall meet the requirements for maximum lot cover, maximum floor area cover, maximum height, or minimum yard (setback) requirements of the districts in which the site is located.
2. Sufficient area is available to meet all landscaping and buffering standards set forth in Section 27.05.
B. Design Standards. The applicant shall demonstrate in the submission of a site plan and supportive material that the following design standards are met:
1. Aesthetic Character.
a. Facades and Exterior Walls:
i. Facades greater than one hundred (100) feet in length, measured horizontally, shall incorporate projections or recesses, neither of which shall exceed one hundred (100) horizontal feet.
ii. Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than fifty percent (50%) of their horizontal length.
iii. Building facades must include repeating patterns of color, texture, and architectural or structural bays of twelve (12) inches in width (i.e. offsets, reveals or projecting ribs).
2. Roofs.
a. Flat Roofs. Incorporate parapets to conceal rooftop equipment from public view. The height of the parapets shall not exceed one-third (1/3) of the height of the supporting wall.
b. Pitched Roof.
i. Provide overhanging eaves that extend no less than three (3) feet past the supporting walls.
ii. The average slope shall be one (1) foot of vertical rise for three (3) feet of horizontal run.
3. Materials and Colors.
a. Predominant exterior building materials shall be high quality material, including, but not limited to, brick, stone, and integrally tinted/textured concrete masonry units.
b. Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.
c. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
d. Exterior building materials shall provide texture on at least fifty percent (50%) of the fa’ade, but shall not completely consist of smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
4. Entryways. Each principal building shall have clearly defined, highly visible customer entrance consisting of a variety of architectural features such as the following:
a. canopies, porticos or overhangs;
b. recesses/projections;
c. raised corniced parapets over the door;
d. peaked roof forms;
e. display windows;
f. integrated tile work and moldings;
g. integral planters;
h. pavement/material changes for pedestrian cross walks.
C. Site Design.
1. Parking Lot Location. No more than sixty percent (60%) of the off-street parking area devoted to the large scale retail establishment may be located between the front facade of the principal building and the abutting streets.
2. Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses. Pavement/material changes at driveway crossings shall be installed to better define pedestrian cross walks.
3. Pedestrian Circulation.
a. Safety paths shall be provided in accordance with the Safety Path Ordinance No. 97.
b. Internal sidewalks of no less than six (6) feet in width shall be provided connecting the safety paths to the principal customer entrances and adjacent to all parking areas. No less than ten (10) feet shall exist between the building fa’ade and the planting bed for foundation plantings.
c. All internal sidewalks that cross or are incorporated into maneuvering lanes shall incorporate materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
4. Central Features and Community Space. Each large scale retail establishment shall contribute to the enhancement of the community by providing at least two (2) of the following: patio/seating area, pedestrian plaza with benches, window shopping walkway, outdoor playground area, kiosk area, water feature, clock tower or other such focal features or amenities. All such areas shall have direct access to the internal sidewalk network and constructed of materials that are compatible with the principal materials of the building and landscaping.
5. Loading, Trash Containers, Outdoor Storage. Each of these functions shall be incorporated into the overall design of the building and landscaping to be visually compatible and fully screened from the view of adjacent properties and public streets. These features shall also be setback a minimum of fifty (50) feet from adjacent residentially zoned properties.
D. Traffic Impact. The applicant shall submit a detailed traffic study in accordance with Section 27.14. Based on the results of the traffic impact study, the applicant shall propose methods of mitigating any adverse effects to the transportation network and show to what degree the proposed methods maintain or improve the operating levels of the impacted streets and intersections.
SECTION 4 of Ordinance
All ordinances or portions of an ordinance in conflict with or inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 5 of Ordinance
Nothing in this ordinance amendment shall restrict or nullify an enforcement action relative to any act or offense committed or done before the effective data of this Ordinance, and any enforcement action or prosecution is hereby waived.
SECTION 6 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 7 of Ordinance
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Jill D. Bastian, Clerk
Charter Township of Orion