Community Updates

2018 Annual Water Quality Report

Wednesday, April 3, 2019

2018

ANNUAL WATER QUALITY REPORT

FOR

FRUITPORT CHARTER TOWNSHIP

WATER SYSTEM

 

This report covers drinking water quality of the Fruitport Charter Township Water System during the 2018 calendar year.  Included are source water details, what it contains, and how it compares to Environmental Protection Agency (EPA) and Michigan Department of Environmental Quality (DEQ) standards.

    In 2016, Fruitport Township purchased water from the City of Muskegon Heights and the City of Muskegon, which treats water from one of the highest quality surface water sources in the world, Lake Michigan.  The DEQ performed an assessment of the source water in 2003 to determine the susceptibility or the relative potential of contamination. The susceptibility rating is on a seven-tiered scale from “very-low” to “very-high” based primarily on geologic sensitivity, water chemistry, and contaminant sources. The source water susceptibility is categorized as moderately high.

       In 2018, Fruitport’s drinking water met all EPA and DEQ drinking water health standards.  Water quality and customer health is the primary concern of the Township’s Utility Department.  Some may be more vulnerable to contaminants in drinking water than others.  Immuno-compromised persons, such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections.  These people should seek advice about drinking water from their health care providers.  EPA/CDC guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the “Safe Drinking Water Hotline” (1-800-426-4791).

     All drinking water, including bottled drinking water, may reasonably be expected to contain at least small amounts of some contaminants.  It is important to remember that the presence of these contaminants does not necessarily pose a health risk.  It is just as important to understand that a contaminant, as defined in this report, includes natural elements and compounds as well as synthetic compounds manufactured every day.   Even distilled water is not “pure” water because most distilled water does have very small quantities of “contaminants”. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791).

    The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.  As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

 

 

 

Contaminants that may be present in source water include:

Microbial Contaminants – including viruses and bacteria, may come from sewage treatment plants, septic systems, agricultural operations, and wildlife.

Inorganic Contaminants – including salts and metals, are naturally-occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

Pesticides and Herbicides – can come from a variety of sources such as agriculture, urban storm water runoff, and residential uses.

Organic Chemical Contaminants – including synthetic and volatile organic chemicals, are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, and septic systems.

Radioactive Contaminants –are naturally-occurring or result from oil and gas production and mining activities.

 

To ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems.  Food and Drug Administration regulations establish limits for contaminants in bottled water which provide the same protection for public health.

Consumer Awareness of Lead

If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The Township does not have lead pipes or service lines in the public water system. Fruitport Charter Township is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When water sits idle for several hours, the potential for lead exposure is reduced by flushing the tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested.  Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the safe Drinking Water Hotline at 1-800-426-4791 or at http://w.w.w.epa.gov/safewater/lead

     In ongoing efforts to maintain a safe and dependable water supply it may be necessary to make improvements to the water system.  The costs of these improvements will be reflected in the rate structure.  Rate adjustments may be necessary in order to address these improvements.  If you have any questions about this report or water utility, please contact the Utility Office, at 865-3158.  If you want to participate in decisions that affect drinking water, please attend any of the regularly scheduled Township Board meetings, held on the second and fourth Monday of each month at 7:00 p.m. in the Township Hall at 5865 Airline Road.

      In the table on the back page of this report you will find many terms and abbreviations you might not be familiar with.  To help you better understand these terms we’ve provided the following definitions:

 

Parts per million (ppm) or Milligrams per liter (mg/l) – one part per million corresponds to one minute in two years, or a single penny in $10,000.00

Parts per billion (ppb) or Micrograms per liter (μg/l) – one part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000.

Picocuries per liter (pCi/l) – picocuries per liter is a measure of the radioactivity in water.

Turbidity – A measure of the cloudiness of the water.  Monitoring turbidity indicates the effectiveness of the filtration system.

Nephelometric Turbidity Unit (NTU) - A measure of the clarity of the water.  Turbidity in excess of 5 NTU is just noticeable to the average person.

Action Level (AL) – The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

Treatment Technique (TT) – A required process intended to reduce the level of a contaminant in drinking water.

Maximum Contaminant Level Goal (MCLG) – The level of a contaminant in drinking water below which there is no known or expected risk to health.  MCLG’s allow for a margin of safety.

Maximum Contaminant Level (MCL) – The highest level of a contaminant that is allowed in drinking water. MCL’s are set as close to the MCLG as feasible using the best available treatment technology.

Not-Detected (ND) – Laboratory analysis indicates that the contaminant is not present.

Maximum Residual Disinfectant Level (MRDL) – The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

Maximum Residual Disinfectant Level Goal (MRDLG) – The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLG’s do not reflect the benefits of the use of disinfectants to control microbial contaminants.

 

Cross Connections: Preventing the threat.

A cross connection is a dangerous piping arrangement which can allow unsafe water, sewage, chemical solutions or other dangerous liquids to enter the drinking water system.  Some suggestions to avoid a cross connection include keeping garden hoses off the ground and out of standing water and eliminating and preventing connection between the public water supply and private well systems. 

     All backflow prevention devices must be tested regularly according to DEQ Rules.  For customers that have backflow prevention devices, please contact the water office for the testing schedule for your device.

     For further information concerning cross connections and the prevention of cross connections, you may contact the Township’s Utility Department at: (231) 865-3158

 

 

 


 

 

TABLE OF DETECTED CONTAMINANTS

                                                                               2018 REGULATED MONITORING AT TREATMENT PLANT

 

SUBSTANCE

 

SAMPLE DATE

 

UNIT

 

RANGE OF

LEVELS

DETECTED

 

HIGHEST

LEVEL

DETECTED

HIGHEST LEVEL ALLOWED MCL OR TT

 

IDEAL LEVELS MCLG

 

VIOLATION

 

 

POSSIBLE SOURCES OF CONTAMINANT

Fluoride

2018

ppm

n/a

0.67

4.0

n/a

No

Added to promote strong teeth; Erosion

Turbidity *

2018

ntu

n/a

0.08

TT

n/a

No

Soil runoff / Lake Sediment

Total Organic Carbon**

2018

ppm

n/a

2.88

TT

n/a

No

Naturally present in the environment

34.1Barium

2018

ppm

n/a

0.02

2

n/a

No

Erosion of natural deposits

 

      *   Turbidity is a measure of the cloudiness of the water. We monitor turbidity because it is a good indicator of water quality

     **   The Total Organic Carbon (TOC) is measured quarterly. Because we remove 25% of the TOC from our source water, we are in compliance.

           

                                                                2018 REGULATED MONITORING IN THE DISTRIBUTION SYSTEM

 

 

SUBSTANCE

SAMPLE DATE

UNITS

RANGE OF LEVELS DETECTED

HIGHEST ANNUAL RUNNING AVERAGE

HIGHEST LEVEL ALLOWED MCL OR TT

IDEAL

LEVELS

MCLG

SAMPLES EXCEEDING

MCL

 

POSSIBLE SOURCES OF CONTAMINANT

Total Trihalomethanes

2018

ppb

31.6 – 63.5

49

80

n/a

NONE

By-product of drinking water chlorination

Halo acetic Acids (HAA5)

2018

ppb

22.3 – 32.3

30

60

n/a

NONE

By-product of drinking water chlorination

Chlorine Residual

2018

ppm

0.07 – 1.83

1.12

4

n/a

NONE

Drinking water chlorination

 

                                                                      2018 REGULATED MONITORING AT THE CUSTOMER’S TAP

 

 

SUBSTANCE

 

SAMPLE DATE

 

UNITS

RANGE OF LEVELS DETECTED

 

90TH PERCENTILE

ACTION

LEVEL

(AL)

IDEAL LEVELS MCLG

SAMPLES EXCEEDING (AL)

 

POSSIBLE SOURCES OF CONTAMINANT

Copper * & **

Jan-Jun 2016

ppb

44-160

150

1300

1300

0

Corrosion of household plumbing systems

Lead * & **

Jan-Jun 2016

ppb

0-4.3

1.9

15

0

0

Corrosion of household plumbing systems

Copper * & **

Jul-Dec 2016

ppb

26-84

72

1300

1300

0

Corrosion of household plumbing systems

Lead * & **

Jul-Dec 2016

ppb

0-4.2

1.5

15

0

0

Corrosion of household plumbing systems

 

                                                                  2018 UNREGULATED MONITORING

 

SUBSTANCE

 

SAMPLE DATE

 

 

UNITS

RANGE OF LEVELS DETECTED

HIGHEST LEVEL DETECTED

AVERAGE LEVEL DETECTED

IDEAL

LEVELS

MCLG

SAMPLES

EXCEEDING

MCL

 

POSSIBLE SOURCE OF CONTAMINANT

Sodium

2018

ppm

n/a

11

n/a

n/a

NONE

Erosion of natural deposits; Ice and snow removal

 

*         The MDEQ requires us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently.

           Some of our data, though representative, are more than one year old.

 

**       Results computed using the 90th percentile level. Monitoring period 09-30-14 to 12-31-16            

 

 

 

 


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Notice of 1st reading- proposed zone change

Friday, June 14, 2019

      PLEASE TAKE NOTICE that a Fruitport Charter Township zoning map amendment ordinance had its first reading at a meeting of the Fruitport Charter Township Board held on June 10, 2019.


FRUITPORT CHARTER TOWNSHIP

ORDINANCE NO. 810

ZONING MAP AMENDMENT ORDINANCE

AN ORDINANCE TO AMEND THE ZONING MAP DESCRIBED IN THE ZONING CHAPTER OF THE CODE OF ORDINANCES FOR FRUITPORT CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN, FOR THE PURPOSE OF REZONING CERTAIN LANDS FROM THE R-4 RESIDENTIAL-AGRICULTURAL DISTRICT TO THE R-6 SINGLE FAMILY RESIDENTIAL DISTRICT.

 

            THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, STATE OF MICHIGAN, ORDAINS:

 

Section 1.  Amendment.  Section 42-251 of the Fruitport Charter Township Code of Ordinances, in Article VI of Chapter 42, shall be amended so that the following lands shall be rezoned from the R-4 Residential-Agricultural District to the R-6 Single Family Residential District.  The lands are in the Charter Township of Fruitport, Muskegon County, Michigan, and are described as follows:

 

Parcel 1 (#61-15-134-200-0013-00 or 2034 Judson Rd, Spring Lake, MI 49444) Legal Description of the Proposed Property:

 

FRUITPORT CHARTER TOWNSHIP

SEC 34 T9N R16W

COMM 891 FT W OF SE COR OF SW 1/4 NE 1/4 OF SEC 34 FOR POB:

TH W 189 FT

TH N 330 FT

TH E 189 FT

TH S 330 FT TO POB

ALSO W 13 FT OF E 891 FT OF S 330 FT OF SW 1/4 OF NE 1/4

1.54 AC

 

 

 

Section 2.  Effective Date.  This amendment to the Fruitport Charter Township Code of Ordinances Zoning Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan on ________, 2019, after a public hearing on May 21, 2019 as required pursuant to Michigan Act 110 of 2006, as amended; after introduction and a first reading on June 10, 2019, and after posting and publication following such first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective on _______, 2019, which is the eighth day after publication as is required by Section 401 of Act 110, as amended, provided that the effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended


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Planning Commission meeting cancelled

Thursday, June 13, 2019

The regularly scheduled Planning Commission meeting on June 18, 2019 is cancelled for lack of agenda items.

Notice of Ordinance Adoption

Tuesday, April 23, 2019

FRUITPORT CHARTER TOWNSHIP
NOTICE OF POSTING OF ADOPTED ORDINANCE

PLEASE TAKE NOTICE that at a meeting of the Fruitport Charter Township Board held on April 22, 2019 the Board had a second reading of and adopted the Business Registration Ordinance.

 

ORDINANCE NO. 809

BUSINESS LICENSE ORDINANCE

CHARTER TOWNSHIP OF FRUITPORT, MICHIGAN

 An Ordinance to amend the Code of Ordinances, Charter Township of Fruitport, Michigan, to add a new Chapter 28 entitled Business License Ordinance, and to establish the effective date of the Ordinance.

 THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:

Section 1.        Addition of Chapter.  Chapter 28 of the Fruitport Charter Township Code of Ordinances is added, which Chapter shall be known and cited as the “Fruitport Charter Township Business License Ordinance” and shall read in its entirety as follows.

CHAPTER 28

BUSINESS LICENSE ORDINANCE

Sec. 28.1         IN GENERAL

The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

A.        “Business Activity means any acts of buying, selling, leasing, renting, or otherwise marketing any goods, services, merchandise, or commodities of any kind or description, whether or not conducted from a Business Establishment.

B.        “Business Establishment means any lot, building, or structure, or a part thereof, including without limitation leased or occupied space in a mall, store, or building, located within the boundaries of the Township, from which a person engages in or causes to be engaged in Business Activity.

Sec. 28.2         PENALTIES AND REMEDIES

Any person violating any of the provisions of this Chapter shall be responsible for a civil infraction. Each day on which any violation of this Chapter shall continue shall constitute a separate offense. The Township may utilize injunctive remedies to prevent further violations of this Chapter and to require compliance with this Chapter.

Sec. 28.3         PROVISIONS COMPLEMENTARY AND SUPPLEMENTAL

The provisions of this Chapter, together with other relevant provisions of any other ordinance, or provisions authorized or required by state or federal law relative to Business Establishments or Business Activity or both, shall be construed to be complementary and supplemental.  All such provisions shall constitute a part of the regulations and conditions applicable to Business Establishments and Business Activity.

 Sec. 28.4        MORAL CHARACTER

A.        In this Chapter the phrase "good moral character" shall be construed to mean the propensity of the person to serve the public in the licensed area in a fair, honest, and open manner.

B.        A judgment of guilt in a criminal prosecution or an adverse judgment in a civil action shall not be used without more as proof of a person’s lack of good moral character. It may be used as evidence in the determination.  When so used, the person shall be notified and shall be permitted to rebut the evidence by showing that:

1.         At the current time of seeking a certificate of registration under this Chapter, the person has the ability to, and is likely to, serve the public with good moral character; and

2.         The person is rehabilitated, or the substance of the prior proceeding is not reasonably related to the occupation or profession for which the person seeks a certificate of registration under this Chapter.

Sec. 28.5         PURPOSE OF REGISTRATION

This Chapter, concerning the registration of Business Establishments in the Township, has been enacted to protect the health, safety, and welfare of persons in the Township by providing the Township with the information necessary to ensure compliance with safety, structure, and fire laws; to identify Business Activities and Business Establishments which affect or involve matters related to traffic, congestion, occupancy, and density of occupancy; to determine the presence, storage, and handling of hazardous materials; to regulate the physical condition of places where persons are employed in Business Establishments or carry on Business Activities; and to enforce the law, including local, state, and federal laws, rules, and regulations, applying to the Business Activities and Business Establishments located in the Township.

Sec. 28.6         REQUIRED

No person shall operate, conduct, maintain, or manage any Business Establishment, or carry on any Business Activity within the boundaries of the Township without first obtaining a certificate of registration in the manner provided in this Chapter.

Sec. 28.7         APPLICATION PROCEDURE

An applicant for a certificate of registration shall make application to the Public Safety Director on a form prescribed by the Public Safety Director, which shall contain at least the following information.

A.        Each application shall include the full names, business addresses, residence addresses, and local addresses of the owners, proprietors, officers, and managers of the Business Establishment.  If the applicant is a corporation, the names and addresses of all officers shall be included.  If the applicant is a partnership, the names and addresses of all partners shall be included.  If the applicant is a limited liability company, the names and addresses of all members shall be included.

B.        The nature and character of the Business Activity which is conducted at the Business Establishment shall be described.

C.        A list of all assumed, trade, or firm names under which the applicant intends to do business shall be provided.

D.        The location or locations of the Business Establishment and the location of all personal property utilized in the conduct of the Business Activity shall be provided.

E.         The name, telephone number, and address of the person to notify in the event of an emergency shall be provided.

F.         Each application shall have attached a current fire safety audit worksheet or a document substituted by the Township containing the same or similar information. This form must be approved and signed by an authorized official from the Township’s Fire Department.

Sec. 28.8         TERMS

Each certificate of registration issued pursuant to this Chapter shall terminate on the immediately following April 1.

Sec. 28.9         RENEWAL

A.        Any certificate of registration issued under this Chapter must be renewed per this Chapter on or before the April 1 when the certificate of registration expires.

B.        Applications for renewal of a certificate of registration shall be filed, considered, and determined in the same manner as an original application.

Sec. 28.10       FEES

The fee for a certificate of registration and the fee for an annual renewal thereof shall be set from time to time by action of the Township Board. The Township Board reserves the right, upon proper application, to authorize the issuance of certificates of registration without fee or cost for any nonprofit tax exempt organization. Registration fees not paid within 30 days after the due date will be subject to a late fee of $15.00 per month for each month up to a maximum of six months, at which time all fees and late fees are due and then a civil infraction violation may be issued each day thereafter until the complete registration application is submitted and all required fees are paid.

Sec. 28.11       DISPLAY

Any certificate of registration issued pursuant to this Chapter shall be prominently displayed in the Business Establishment or any other location where Business Activity is conducted.

Sec. 28.12       TRANSFERABILITY

No certificate of registration issued pursuant to this Chapter shall be transferable.  Material changes in the operation or ownership of a Business Establishment shall require a new certificate of registration.

Sec. 28.13       GENERAL CONDITIONS FOR ISSUANCE AND CONTINUING IN EFFECT

A.        Compliance with other governmental requirements; preemption. No certificate of registration shall be issued or continued in effect for any person who is required to obtain a federal, state, or county license or permit until the person submits evidence that all required licenses or permits have been issued and continue in force, and that all fees pertaining to such licenses or permits have been paid. The fact that a person has received a federal, state, or county license or permit for the Business Activities or Business Establishment involved shall not exempt the person from the requirements of this Chapter unless these requirements are clearly preempted by federal, state, or county law.

B.        Compliance with all other laws. A holder of a certificate of registration must be in continuing compliance with all Township, county, state, and federal laws as a condition of issuance or continued effect of a certificate of registration under this Chapter.

C.        Conditions and activities on the premises. The holder of a certificate of registration shall maintain a clean, neat, and orderly Business Establishment or any other area where Business Activity is conducted.  The holder shall take reasonable steps to provide security on the premises, and prevent unlawful conduct on the premises.

D.        Advertising sales as executors, receivers, close-out, damaged goods, etc. No person shall advertise or represent that any sale is an assignee’s, executor’s, administrator’s, personal representative’s, mortgagee’s, receiver’s, or closing-out sale of goods, wares, and merchandise, or of goods, wares, and merchandise damaged by fire, smoke, water, or otherwise, unless the person shall at the time of applying for a license file an affidavit with the Public Safety Director, establishing that the sale qualifies as one of the listed types of sale.  The affidavit shall include a true statement of the names of the persons from whom the goods to be sold were obtained, the date of the delivery of such goods to the seller, the place from which such goods were brought, and all details necessary to fully identify the goods.

E.         Engaging in fraudulent conduct. A certificate of registration may be revoked if the holder is found to have engaged in fraudulent business practices, misrepresented the nature of the goods or services offered to the public, or has violated any consumer protection regulations, retail installment sales regulations, or any other Township, county, state, or federal statute or regulation concerning business practices.

F.         Payment of amounts owed the Township. All personal property taxes and outstanding debts to the Township, including without limitation fees for inspections or property services, water or sewer bills, civil infraction fines applicable to the Business Establishment or its premises, and current special assessment installments, but not including real property or income taxes, due at the time of issuance or renewal of a certificate of registration must be paid in full to obtain the certificate. 

Sec. 28.14       ADDITIONAL CONDITIONS FOR ISSUANCE

Any person applying for or holding a certificate of registration under this Chapter shall demonstrate to authorized Township personnel that the Business Establishment or Business Activity registered under this Chapter complies with all applicable construction and fire and safety codes, health and safety laws, zoning laws, and environmental laws and regulations of the Township, the county, the state, and the federal government, including all provisions of this Chapter.

Sec. 28.15       INSPECTIONS

Every Business Establishment or place where Business Activity occurs, applying for registration under this Ordinance, shall afford authorized personnel from the Township full access to the premises and the emergency plan records of the property for the purpose of inspection to determine compliance with the certificate of registration which has been issued, to determine whether the certificate of registration should be issued in the first place, and to determine continuing compliance with all ordinances, codes, and statutes applicable to the premises, the Business Establishment, and the Business Activity. In the case of a proposed revocation or suspension of a certificate of registration, the holder of the certificate shall afford reasonable opportunity for inspection by the Township.

Sec. 28.16       DENIAL, REVOCATION AND SUSPENSION

Holders of a certificate of registration applied for under this Chapter may be denied, suspended, or revoked by the Public Safety Director for any of the following causes:

1.         The violation of any of the conditions of issuance or continuation of a certificate of registration;

2.         Fraud, misrepresentation, or false statement made in the application;

3.         Fraud, misrepresentation, or false statement made in the operation of the business;

4.         Failure to pay personal property taxes, or timely file documentation or returns required for such taxes;

5.         Failure to pay any outstanding amounts owed the Township (such as fees for inspections or property services, water or sewer bills, civil infraction fines applicable to the Business Establishment or its premises, current special assessment installments, etc.);

6.         Failure to pay registration fees imposed pursuant to this Chapter;

7.         Conducting a business in an unlawful manner or in such manner as to constitute a breach of peace or to constitute a menace to the health, morals, safety, or welfare of the public;

8.         Failure or inability of an applicant to meet and satisfy any of the requirements and provisions of this Chapter; or

9.         Failure to allow inspection of the Business Establishment or place where Business Activity occurs, or its premises or hazardous material storage records at a reasonable time.

Sec. 28.17       PROCEDURE FOR REVOCATION OR SUSPENSION

A.        Written notice of the suspension or revocation of a certificate of registration, stating the cause or causes for such action, shall be personally delivered or mailed to the address as shown in the Township records.

B.        Any person whose certificate of registration is revoked or suspended, or any person whose application is denied, shall have the right to a hearing before the Township Board, if a written appeal is filed with the Township Clerk within ten days following the mailing of a notice of revocation or suspension or denial. The hearing shall be public, a record shall be made and preserved, and the appealing party shall have the right to counsel. The hearing shall be held within 45 days of the filing of the written appeal.

C.        The Township Board may reverse or affirm any determination to deny, revoke, or suspend the issuance of a certificate of registration. No person may carry on or operate a Business Establishment or any Business Activity during any time when the certificate of registration for the Business Activity or the Business Establishment has been suspended, revoked, or denied.  The filing of an appeal to the Township Board shall stay a suspension or revocation unless a condition threatening the life, health, or safety of any person exists in the Business Establishment or is involved in the Business Activity. The decision of the Township Board and its reasons shall be stated in writing.

D.        Any person claiming to be aggrieved after the decision by the Township Board may seek review by the Muskegon County Circuit Court.  The Circuit Court shall determine if the appellant has standing and shall review the determination made by the Township Board de novo on the record.  The appeal to the Circuit Court must be filed within 21 days after the Township Board’s final action.  The Circuit Court may either reverse or affirm or remand for further findings, retaining jurisdiction in its discretion.

Section 2.        Effective Date.  This Ordinance was approved and adopted by the Township Board on April 22, 2019, after introduction and first reading on April 8, 2019, and publication after the first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective on April 26, 2019, which is the day after publication of the Ordinance.


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Notice of Ordinance Adoption

Thursday, April 11, 2019

The following ordinance was adopted by the Township Board on April 8, 2019:

 

FRUITPORT CHARTER TOWNSHIP

MARIHUANA ESTABLISHMENTS ORDINANCE

ORDINANCE NO. 808

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT BY ADDING A NEW CHAPTER, WHICH NEW CHAPTER SHALL BE DESIGNATED AS CHAPTER 31 OF THE CODE TO PROHIBIT MARIHUANA ESTABLISHMENTS AND THE SALE AND CONSUMPTION OF MARIHUANA IN PUBLIC PLACES.

THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:

Section 1.  Addition of Chapter 31.  Chapter 31, “Prohibition of Marihuana Establishments and the Sale and Consumption of Marihuana in Public Places,” of the Code of Ordinances of the Charter Township of Fruitport is added to read as follows:

CHAPTER 31

PROHIBITION OF MARIHUANA ESTABLISHMENTS AND THE SALE AND CONSUMPTION OF MARIHUANA IN PUBLIC PLACES

Sec. 31-1         Prohibition of marihuana establishments.

A.        Pursuant to the provisions of Section 6.1 of the Michigan     Regulation and Taxation of Marihuana Act (the “Act”),         marihuana establishments, as defined by the Act, are completely           prohibited within the boundaries of the Township.

 

B.        Any applicant for a state or local license to establish a          marihuana establishment, as defined by the Act, within the       boundaries of the Township shall be        deemed to be not in    compliance with this Chapter or with the Code of Ordinances      amended by this Chapter.

 

C.        This section does not supersede rights and obligations with respect to the transportation of marihuana through the        Township to the extent provided by the Act, and does not       supersede rights and obligations under Michigan law and              Chapter 24 of this Code of Ordinances with respect to the   establishment and licensing of medical marihuana facilities under          the Michigan Medical Marihuana Act, the Medical Marihuana   Licensing Act, 2016 PA 281, or any other law of the State of           Michigan allowing for or regulating   marihuana for medical use.

 

Sec. 31-2         Prohibition on sale and consumption of marihuana in public places.

 A.       In conformance with Sections 4.1(e) and 6.2(b) of the Act, the        sale or consumption of marihuana in any form and the sale or          display of marihuana             accessories, as defined by the Act, is prohibited in any public places within the boundaries of the        Township.

 

B.        Any person who violates any of the provisions of this section          shall be responsible for a municipal civil infraction.

 

C.        This section does not supersede rights and obligations with respect to the transfer and consumption of marihuana on private    property to the extent authorized by the person who owns,        occupies or operates such property, as provided in and authorized       by the Act, and does not supersede rights and obligations with             respect to the use of marihuana for medical purposes as provided    by any law of the State of Michigan allowing for or regulating        marihuana for medical use.

 

Section 2.  Effective Date.  This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on April 8, 2019, after introduction and a first reading on March 25, 2019, and publication after the first reading as required by Michigan law.  This Ordinance shall be effective 30 days after its publication following adoption. 

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Notice of Ordinance Adoption

Wednesday, March 20, 2019

FRUITPORT CHARTER TOWNSHIP
NOTICE OF POSTING OF ADOPTED ORDINANCE

PLEASE TAKE NOTICE that at a meeting of the Fruitport Charter Township Board held on March 11, 2019 the Board had a second reading of and adopted the Solar Energy Regulation Ordinance.

The Ordinance (No. 807) will allow for and regulate the production of solar energy within Fruitport Charter Township. This Ordinance shall be effective 8 days after its publication.   

The complete text of Ordinance 807 is available for public inspection in the office of the Clerk, 5865 Airline Road, Fruitport, MI during the hours of 8:30 A.M. and 4:30 P.M., Monday-Friday and on the Township website at www.fruitporttownship-mi.gov.



FRUITPORT CHARTER TOWNSHIP

  ORDINANCE NO. 807

  ZONING TEXT AMENDMENT ORDINANCE

THIS IS AN ORDINANCE TO AMEND THE ZONING CHAPTER OF THE CODE OF ORDINANCES FOR FRUITPORT CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN, CONCERNING THE REGULATION OF SOLAR ENERGY.

            THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, STATE OF MICHIGAN, ORDAINS:

            Section 1.  Definitions.  Section 42-3 of Article I in Chapter 42 of the Fruitport Charter Township Code of Ordinances is expanded to include in their entirety, in alphabetical order, the following definitions.

Building-mounted solar energy collector means a solar energy collector attached to the roof or wall of a building, or which serves as the roof, wall, or other element in whole or in part of a building.  Also includes building-integrated photovoltaic systems (BIPV).


Ground-mounted solar energy collector means a solar energy collector that is not attached to and is separate from any building on the parcel of land on which the solar energy collector is located.


Small-scale solar energy collector means a solar energy collector primarily intended to provide energy for on-site uses and to provide power for use by owners, lessees, tenants, residents, or other occupants of the lot on which they are erected.  It may be comprised of the following: building-integrated photovoltaic (BIPV) systems, flush-mounted solar panels, ground-mounted solar energy collectors, or building-mounted solar energy systems.


Solar energy collector means a panel or panels and/or other devices or equipment, or any combination thereof, that collect, store, distribute and/or transform solar, radiant energy into electrical, thermal, or chemical energy for the purpose of generating electric power or other form of generator energy for use in or associated with a principal land use on the lot where the solar energy collector is located, or if permitted, for the sale and distribution of excess available electricity to an authorized public utility for distribution to other than the lot where located.

 

Utility-scale solar energy collector means a large-scale facility of solar energy collectors with the primary purpose of wholesale or retail sales of generated electricity; also known as a solar farm.

 

            Section 2.  R-4 Special Uses.  Subsection (6) of Section 42-338 of Division 5, Article VI, Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning special uses in the R-4 Rural Residential, Recreation and Agriculture District, is added in its entirety as follows.

 

            (6)        Utility-scale solar energy collector.

 

            Section 3.  B-3 Special Uses.  Section (11) of Section 42-418 of Division 10, Article VI, Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning special uses in the B-3 Service Business District, is added in its entirety as follows.

 

            (11)      Utility-scale solar energy collector.

 

            Section 4.  Small-Scale Solar Energy Collectors and Systems.  Article X of Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning small-scale energy collectors and systems, is added in its entirety as follows.

 

ARTICLE X.  SMALL SCALE SOLAR ENERGY COLLECTORS AND SYSTEMS

 

Sec. 42-690.  Applicability.

 

This article applies to any system of small-scale solar energy collector systems.  This article does not apply to solar energy collectors mounted on fences, poles, or on the ground with collector surface areas less than five square feet and less than five feet above the ground, nor does this article apply to utility-scale solar energy collector systems.  Nothing in this article shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net-metering arrangement.

 

Sec. 42-691.  General Requirements.

 

(1)        Applications.  In addition to all other required application contents as required by this chapter, equipment and unit renderings, elevation drawings, and site plans depicting the location and distances from lot lines and adjacent structures shall be submitted for review.  No small-scale solar energy collector system shall be installed or operated except in compliance with this Chapter.

 

(2)        Glare and reflection.  The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light.  A unit may not be installed or located so that sunlight or glare is reflected into neighboring dwellings or onto streets or private roads.

 

(3)        Installation.

 

            a.         A solar energy collector shall be permanently and safely attached to the ground or structure. Solar energy collectors, and their installation and use, shall comply with building codes, electrical codes, and other applicable township and state requirements.

 

            b.         Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer’s directions.  Upon request, a copy shall be submitted to the township prior to installation.

 

            c.         The applicant shall certify that the construction and installation meet or exceed the manufacturer’s construction and installation standards.

 

(4)        Power lines.  On site power lines between solar panels and inverters shall be placed underground.

 

(5)        Fire risk.  Fuel sources such as vegetation shall be removed from the immediate vicinity of electrical equipment and connections.

 

(6)        Abandonment and removal.  A solar energy collector system that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the responsible party with ownership interest in the system provides substantial evidence to the township every six months after the 12 months of no energy production of the intent to maintain and reinstate the operation of that system.  The responsible party shall remove all equipment and facilities and restore the lot to its condition prior to the development of the system within one year of abandonment.

 

Sec. 42-692.  Building-mounted solar energy collectors.  These systems may be established as accessory uses to principal uses in all zoning districts subject to the following conditions.

 

(1)        Maximum height.  The maximum height in the zoning district in which the building-mounted solar energy collectors are located shall not be exceeded by more than three feet.

 

(2)        Obstruction.  Building-mounted solar energy collectors shall not obstruct solar access to adjacent properties.

 

Sec. 42-693.  Ground-mounted solar energy collectors.  These systems may be established as accessory uses to principal uses in all zoning districts subject to the following conditions.

 

(1)        Location.

 

            a.         Rear and side yards.  The unit may be located in the rear yard or the side yard but shall be subject to the setbacks for accessory structures.

 

            b.         Front yard.  The unit may be located in the front yard only if located no less than 150 feet from the front lot line.

 

(2)        Obstruction.  Ground-mounted solar energy collectors shall not obstruct solar access to adjacent properties.

 

(3)        Maximum number.  There shall be no more than one ground-mounted solar energy collector unit per principal building on a lot.

 

(4)        Maximum size.

 

            a.         Residential uses.  There shall be no more than one percent of the lot area up to 1,500 square feet of collector panels on a ground-mounted solar energy collector system.

 

            b.         Agricultural, commercial, and industrial uses.  There shall be no more than 10,000 square feet of collector panels on a ground-mounted solar energy collector system.

 

(5)        Maximum height.

 

            a.         Residential uses.  The maximum height shall be six feet, measured from the natural grade below the unit to the highest point at full tilt.

 

            b.         Agricultural, commercial, and industrial uses.  The maximum height shall be 16 feet, measured from the natural grade below the unit to the highest point at full tilt.

 

(6)        Minimum lot area.  A lot must have at least 82,500 square feet in lot area to establish a ground-mounted solar energy collector system.

 

(7)        Screening.  Screening shall be required in cases where a ground-mounted solar energy collector unit impacts views from adjacent residential properties. Screening methods may include the use of material, colors, textures, screening walls, and landscaping that will blend the unit into the natural setting and existing environment.

 

            Section 5.  Utility-Scale Solar Energy Collectors and Systems.  Article XI of Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning utility-scale energy collectors and systems, is added in its entirety as follows.

 

ARTICLE XI.  UTILITY-SCALE SOLAR ENERGY COLLECTORS

AND SYSTEMS

 

            Sec. 42-700.  Applicability.  This article applies to utility-scale solar energy collector systems and does not apply to small-scale solar energy collector systems primarily intended for on-site usage.

 

            Sec. 42-701.  General requirements.

 

            (1)        Applications.  An application for special use approval for a utility-scale solar energy collector system shall include a site plan in accordance with article V as well as meet all applicable special use criteria of article IV.  Additionally, applications must include equipment and unit renderings, elevation drawings, and distances from lot lines and adjacent structures as well as meet the criteria in this article.  No utility-scale solar energy collector system shall be installed or operated except in compliance with this article.

 

            (2)        Glare and reflection.  The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light.  A unit may not be installed or located so that sunlight or glare is reflected into dwellings on other lots or onto streets or private roads.

 

            (3)        Location.  Solar energy equipment shall be located in the area least visibly obtrusive to adjacent residential properties while remaining functional.

 

            (4)        Obstruction.  Solar energy collectors shall not obstruct solar access for other properties.

 

            (5)        Installation.

 

                        a.         A solar energy collector shall be permanently and safely attached to the ground.  Solar energy collectors, and their installation and use, shall comply with building codes, electrical codes, and other applicable township, county, state, and federal requirements.

 

                        b.         Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer’s directions.  Upon request, a copy shall be submitted to the township prior to installation.

 

                        c.         The applicant shall certify that the construction and installation meet or exceed the manufacturer’s construction and installation standards.

 

            (6)        Power lines.  On site power lines between solar panels and inverters shall be placed underground.

 

            (7)        Energy storage system.  When an energy storage system is included as part of the solar energy collector system, the energy storage system must be placed in a secure temperature-controlled enclosure when in use.  When no longer in use, batteries must be properly disposed of in accordance with applicable laws and regulations.  The energy storage system shall prevent leaking into groundwater and shall be designed to present no unacceptable risk to human health or the natural environment.  An energy storage system must be part of a contiguous solar energy collector system which includes a ratio of at least 20 acres of collection for each acre of storage.

 

            (8)        Fire risk.  Fuel sources such as vegetation shall be removed from the immediate vicinity of electrical equipment and connections.

 

            (9)        Transportation plan.  A proposed access plan during construction and operational phases shall be provided.  The plan shall show proposed service road ingress and egress locations onto adjacent streets and the layout of the internal road system.

 

            (10)      Abandonment.  A solar energy collector system that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the responsible party with ownership interest in the system provides substantial evidence to the township every six months after the 12 months of no energy production of the intent to maintain and reinstate the operation of that system.  The responsible party shall remove all equipment and facilities and restore the lot to its condition prior to the development of the system within one year of abandonment.

 

            (11)      Mitigation risk plan.  An application for a utility-scale solar energy collector system shall include a risk mitigation plan for review by the township.

 

            Sec. 42-702.  Utility-scale solar energy collector systems.  Utility-scale solar energy collector systems may be established as a special use only in the designated zoning districts, subject to the following requirements.

 

            (1)        Minimum setbacks.  The minimum setback for all yards shall be 100 feet; however, as a condition of approval, the township may require increased setbacks if it is determined that greater separation is necessary to adequately protect adjacent residents and property owners.

 

            (2)        Maximum height.  The maximum height of the system shall be 20 feet, measured from the natural grade below the unit to the highest point at full tilt.

 

            (3)        Minimum lot acreage.  The minimum lot area to establish a utility-scale solar energy collector system shall be 15 acres.

 

            (4)        Maximum noise.  Noise emanating from the solar energy collector system shall not exceed 50 decibels (dBA) as measured from any lot line of the lot on which the system is located.

 

            (5)        Screening.  A six feet tall opaque, unperforated fence shall be erected and maintained around the entire solar energy collector system.  Alternative screening may be approved by the Planning Commission during the site plan review process, if the Planning Commission finds that the alternative screening will be at least equally effective, or if the Planning Commission finds that the required screening can be changed without detriment to the Township or the owners, occupants, or visitors of other properties in the Township.

 

            (6)        Decommissioning.  A decommissioning plan signed by the responsible party and the land owner (if different) addressing the following shall be submitted prior to approval of a utility-scale solar energy collector system.  The plan shall include the following.

 

                        a.         Defined conditions upon which decommission will be initiated (e.g., end of land lease, no power production for 12 months, abandonment, etc.).

 

                        b.         Removal of utility-owned equipment and non-utility-owned equipment, which may include but not be limited to conduit, structures, fencing, solar panels, and foundations.

 

                        c.         Restoration of property condition which existed prior to the development of the system.

 

                        d.         Specification of the timeframe from completion of decommissioning activities.

 

                        e.         Description of any agreement (i.e., lease) with landowner regarding decommissioning, if applicable.

 

                        f.          Identity of the entity or individual responsible for decommissioning.

 

                        g.         Plans for updating the decommissioning plan.

 

                        h.         A performance guarantee shall be posted in the form of a bond, letter of credit, cash, or other form acceptable to the township to ensure removal upon abandonment.  As a part of the decommissioning plan, the responsible party shall provide at least two cost estimates from qualified contractors for full removal and disposal of equipment, foundations, and structures associated with the system.  These amounts will assist the township when establishing the initial performance guarantee amount.  The performance guarantee amount shall be valid throughout the lifetime of the system, and it shall be adjusted by the township every five years based upon at least two new cost estimates from qualified contractors obtained by the responsible party. Bonds and letters of credit shall be extended on a regular basis with expiration dates never less than two years from the annual anniversary of special use approval.

 

            (7)        Transfer of ownership.  Prior to a change in the ownership or operation of a solar energy collector system, including but not limited to the sale or lease of that system or the underlying property, the current owner or operator shall provide written notice to the township at least 60 days prior to that change becoming effective.  This notice shall inform the township of the intended transfer of control of the solar energy collector system or the underlying property, and shall include a copy of the instrument or agreement effecting that transfer.  Such an instrument or agreement shall include an express statement that the new owner or operator of the solar energy collector system or the underlying property shall not be permitted to operate that system until compliance with the terms of this chapter, including requirements for continuing security and escrow funds, has been established.

 

            Section 6.  Effective DateThis Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, on March 11,  2019, after a public hearing as required pursuant to Michigan Act 110 of 2006, as amended, and after introduction and a first reading on February 25, 2019, and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective on April 3, 2019, which is the eighth day after publication as is required by Section 401 of Act 110, as amended, provided that the effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended

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First Reading- Solar Energy Regulation

Friday, March 1, 2019

FRUITPORT CHARTER TOWNSHIP

ORDINANCE NO. _____

ZONING TEXT AMENDMENT ORDINANCE

THIS IS AN ORDINANCE TO AMEND THE ZONING CHAPTER OF THE CODE OF ORDINANCES FOR FRUITPORT CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN, CONCERNING THE REGULATION OF SOLAR ENERGY.

            THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, STATE OF MICHIGAN, ORDAINS:

            Section 1.  Definitions.  Section 42-3 of Article I in Chapter 42 of the Fruitport Charter Township Code of Ordinances is expanded to include in their entirety, in alphabetical order, the following definitions.

 

Building-mounted solar energy collector means a solar energy collector attached to the roof or wall of a building, or which serves as the roof, wall, or other element in whole or in part of a building.  Also includes building-integrated photovoltaic systems (BIPV).

 

Ground-mounted solar energy collector means a solar energy collector that is not attached to and is separate from any building on the parcel of land on which the solar energy collector is located.

 

Small-scale solar energy collector means a solar energy collector primarily intended to provide energy for on-site uses and to provide power for use by owners, lessees, tenants, residents, or other occupants of the lot on which they are erected.  It may be comprised of the following: building-integrated photovoltaic (BIPV) systems, flush-mounted solar panels, ground-mounted solar energy collectors, or building-mounted solar energy systems.

 

Solar energy collector means a panel or panels and/or other devices or equipment, or any combination thereof, that collect, store, distribute and/or transform solar, radiant energy into electrical, thermal, or chemical energy for the purpose of generating electric power or other form of generator energy for use in or associated with a principal land use on the lot where the solar energy collector is located, or if permitted, for the sale and distribution of excess available electricity to an authorized public utility for distribution to other than the lot where located.


Utility-scale solar energy collector means a large-scale facility of solar energy collectors with the primary purpose of wholesale or retail sales of generated electricity; also known as a solar farm.

            Section 2.  R-4 Special Uses.  Subsection (6) of Section 42-338 of Division 5, Article VI, Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning special uses in the R-4 Rural Residential, Recreation and Agriculture District, is added in its entirety as follows.

            (6)        Utility-scale solar energy collector.

            Section 3.  B-3 Special Uses.  Section (11) of Section 42-418 of Division 10, Article VI, Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning special uses in the B-3 Service Business District, is added in its entirety as follows.

            (11)      Utility-scale solar energy collector.

            Section 4.  Small-Scale Solar Energy Collectors and Systems.  Article X of Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning small-scale energy collectors and systems, is added in its entirety as follows.

ARTICLE X.  SMALL SCALE SOLAR ENERGY COLLECTORS AND SYSTEMS

Sec. 42-690.  Applicability.

 

This article applies to any system of small-scale solar energy collector systems.  This article does not apply to solar energy collectors mounted on fences, poles, or on the ground with collector surface areas less than five square feet and less than five feet above the ground, nor does this article apply to utility-scale solar energy collector systems.  Nothing in this article shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net-metering arrangement.

 

Sec. 42-691.  General Requirements.

 

(1)        Applications.  In addition to all other required application contents as required by this chapter, equipment and unit renderings, elevation drawings, and site plans depicting the location and distances from lot lines and adjacent structures shall be submitted for review.  No small-scale solar energy collector system shall be installed or operated except in compliance with this Chapter.

 

(2)        Glare and reflection.  The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light.  A unit may not be installed or located so that sunlight or glare is reflected into neighboring dwellings or onto streets or private roads.

 

(3)        Installation.

 

            a.         A solar energy collector shall be permanently and safely attached to the ground or structure. Solar energy collectors, and their installation and use, shall comply with building codes, electrical codes, and other applicable township and state requirements.

 

            b.         Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer’s directions.  Upon request, a copy shall be submitted to the township prior to installation.

 

            c.         The applicant shall certify that the construction and installation meet or exceed the manufacturer’s construction and installation standards.

 

(4)        Power lines.  On site power lines between solar panels and inverters shall be placed underground.

 

(5)        Fire risk.  Fuel sources such as vegetation shall be removed from the immediate vicinity of electrical equipment and connections.

 

(6)        Abandonment and removal.  A solar energy collector system that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the responsible party with ownership interest in the system provides substantial evidence to the township every six months after the 12 months of no energy production of the intent to maintain and reinstate the operation of that system.  The responsible party shall remove all equipment and facilities and restore the lot to its condition prior to the development of the system within one year of abandonment.

 

Sec. 42-692.  Building-mounted solar energy collectors.  These systems may be established as accessory uses to principal uses in all zoning districts subject to the following conditions.

 

(1)        Maximum height.  The maximum height in the zoning district in which the building-mounted solar energy collectors are located shall not be exceeded by more than three feet.

 

(2)        Obstruction.  Building-mounted solar energy collectors shall not obstruct solar access to adjacent properties.

 

Sec. 42-693.  Ground-mounted solar energy collectors.  These systems may be established as accessory uses to principal uses in all zoning districts subject to the following conditions.

 

(1)        Location.

 

            a.         Rear and side yards.  The unit may be located in the rear yard or the side yard but shall be subject to the setbacks for accessory structures.

 

            b.         Front yard.  The unit may be located in the front yard only if located no less than 150 feet from the front lot line.

 

(2)        Obstruction.  Ground-mounted solar energy collectors shall not obstruct solar access to adjacent properties.

 

(3)        Maximum number.  There shall be no more than one ground-mounted solar energy collector unit per principal building on a lot.

 

(4)        Maximum size.

 

            a.         Residential uses.  There shall be no more than one percent of the lot area up to 1,500 square feet of collector panels on a ground-mounted solar energy collector system.

 

            b.         Agricultural, commercial, and industrial uses.  There shall be no more than 10,000 square feet of collector panels on a ground-mounted solar energy collector system.

 

(5)        Maximum height.

 

            a.         Residential uses.  The maximum height shall be six feet, measured from the natural grade below the unit to the highest point at full tilt.

 

            b.         Agricultural, commercial, and industrial uses.  The maximum height shall be 16 feet, measured from the natural grade below the unit to the highest point at full tilt.

 

(6)        Minimum lot area.  A lot must have at least 82,500 square feet in lot area to establish a ground-mounted solar energy collector system.

 

(7)        Screening.  Screening shall be required in cases where a ground-mounted solar energy collector unit impacts views from adjacent residential properties. Screening methods may include the use of material, colors, textures, screening walls, and landscaping that will blend the unit into the natural setting and existing environment.

 

            Section 5.  Utility-Scale Solar Energy Collectors and Systems.  Article XI of Chapter 42 of the Fruitport Charter Township Code of Ordinances, concerning utility-scale energy collectors and systems, is added in its entirety as follows.

ARTICLE XI.  UTILITY-SCALE SOLAR ENERGY COLLECTORS

AND SYSTEMS

            Sec. 42-700.  Applicability.  This article applies to utility-scale solar energy collector systems and does not apply to small-scale solar energy collector systems primarily intended for on-site usage.

 

            Sec. 42-701.  General requirements.


            (1)        Applications.  An application for special use approval for a utility-scale solar energy collector system shall include a site plan in accordance with article V as well as meet all applicable special use criteria of article IV.  Additionally, applications must include equipment and unit renderings, elevation drawings, and distances from lot lines and adjacent structures as well as meet the criteria in this article.  No utility-scale solar energy collector system shall be installed or operated except in compliance with this article.

 

            (2)        Glare and reflection.  The exterior surfaces of solar energy collectors shall be generally neutral in color and substantially non-reflective of light.  A unit may not be installed or located so that sunlight or glare is reflected into dwellings on other lots or onto streets or private roads.

 

            (3)        Location.  Solar energy equipment shall be located in the area least visibly obtrusive to adjacent residential properties while remaining functional.

 

            (4)        Obstruction.  Solar energy collectors shall not obstruct solar access for other properties.

 

            (5)        Installation.

 

                        a.         A solar energy collector shall be permanently and safely attached to the ground.  Solar energy collectors, and their installation and use, shall comply with building codes, electrical codes, and other applicable township, county, state, and federal requirements.

 

                        b.         Solar energy collectors shall be installed, maintained, and used only in accordance with the manufacturer’s directions.  Upon request, a copy shall be submitted to the township prior to installation.

 

                        c.         The applicant shall certify that the construction and installation meet or exceed the manufacturer’s construction and installation standards.

 

            (6)        Power lines.  On site power lines between solar panels and inverters shall be placed underground.

 

            (7)        Energy storage system.  When an energy storage system is included as part of the solar energy collector system, the energy storage system must be placed in a secure temperature-controlled enclosure when in use.  When no longer in use, batteries must be properly disposed of in accordance with applicable laws and regulations.  The energy storage system shall prevent leaking into groundwater and shall be designed to present no unacceptable risk to human health or the natural environment.  An energy storage system must be part of a contiguous solar energy collector system which includes a ratio of at least 20 acres of collection for each acre of storage.

 

            (8)        Fire risk.  Fuel sources such as vegetation shall be removed from the immediate vicinity of electrical equipment and connections.

 

            (9)        Transportation plan.  A proposed access plan during construction and operational phases shall be provided.  The plan shall show proposed service road ingress and egress locations onto adjacent streets and the layout of the internal road system.

 

            (10)      Abandonment.  A solar energy collector system that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the responsible party with ownership interest in the system provides substantial evidence to the township every six months after the 12 months of no energy production of the intent to maintain and reinstate the operation of that system.  The responsible party shall remove all equipment and facilities and restore the lot to its condition prior to the development of the system within one year of abandonment.

 

            (11)      Mitigation risk plan.  An application for a utility-scale solar energy collector system shall include a risk mitigation plan for review by the township.

 

            Sec. 42-702.  Utility-scale solar energy collector systems.  Utility-scale solar energy collector systems may be established as a special use only in the designated zoning districts, subject to the following requirements.

 

            (1)        Minimum setbacks.  The minimum setback for all yards shall be 100 feet; however, as a condition of approval, the township may require increased setbacks if it is determined that greater separation is necessary to adequately protect adjacent residents and property owners.

 

            (2)        Maximum height.  The maximum height of the system shall be 20 feet, measured from the natural grade below the unit to the highest point at full tilt.

 

            (3)        Minimum lot acreage.  The minimum lot area to establish a utility-scale solar energy collector system shall be 15 acres.

 

            (4)        Maximum noise.  Noise emanating from the solar energy collector system shall not exceed 50 decibels (dBA) as measured from any lot line of the lot on which the system is located.

 

            (5)        Screening.  A six feet tall opaque, unperforated fence shall be erected and maintained around the entire solar energy collector system.  Alternative screening may be approved by the Planning Commission during the site plan review process, if the Planning Commission finds that the alternative screening will be at least equally effective, or if the Planning Commission finds that the required screening can be changed without detriment to the Township or the owners, occupants, or visitors of other properties in the Township.

 

            (6)        Decommissioning.  A decommissioning plan signed by the responsible party and the land owner (if different) addressing the following shall be submitted prior to approval of a utility-scale solar energy collector system.  The plan shall include the following.

 

                        a.         Defined conditions upon which decommission will be initiated (e.g., end of land lease, no power production for 12 months, abandonment, etc.).

 

                        b.         Removal of utility-owned equipment and non-utility-owned equipment, which may include but not be limited to conduit, structures, fencing, solar panels, and foundations.

 

                        c.         Restoration of property condition which existed prior to the development of the system.

 

                        d.         Specification of the timeframe from completion of decommissioning activities.

 

                        e.         Description of any agreement (i.e., lease) with landowner regarding decommissioning, if applicable.

 

                        f.          Identity of the entity or individual responsible for decommissioning.

 

                        g.         Plans for updating the decommissioning plan.

 

                        h.         A performance guarantee shall be posted in the form of a bond, letter of credit, cash, or other form acceptable to the township to ensure removal upon abandonment.  As a part of the decommissioning plan, the responsible party shall provide at least two cost estimates from qualified contractors for full removal and disposal of equipment, foundations, and structures associated with the system.  These amounts will assist the township when establishing the initial performance guarantee amount.  The performance guarantee amount shall be valid throughout the lifetime of the system, and it shall be adjusted by the township every five years based upon at least two new cost estimates from qualified contractors obtained by the responsible party. Bonds and letters of credit shall be extended on a regular basis with expiration dates never less than two years from the annual anniversary of special use approval.

 

            (7)        Transfer of ownership.  Prior to a change in the ownership or operation of a solar energy collector system, including but not limited to the sale or lease of that system or the underlying property, the current owner or operator shall provide written notice to the township at least 60 days prior to that change becoming effective.  This notice shall inform the township of the intended transfer of control of the solar energy collector system or the underlying property, and shall include a copy of the instrument or agreement effecting that transfer.  Such an instrument or agreement shall include an express statement that the new owner or operator of the solar energy collector system or the underlying property shall not be permitted to operate that system until compliance with the terms of this chapter, including requirements for continuing security and escrow funds, has been established.

 

            Section 6.  Effective DateThis Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, on ____________________,  2019, after a public hearing as required pursuant to Michigan Act 110 of 2006, as amended, and after introduction and a first reading on ______________________, 2019, and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective on ____________________, 2019, which is the eighth day after publication as is required by Section 401 of Act 110, as amended, provided that the effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended

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PFAS Results

Thursday, November 8, 2018

The municipal water in Fruitport Township is supplied by the City of Muskegon.  See the link below for the results of PFAS testing of the local water. 

http://www.muskegon-mi.gov/city-of-muskegon-wssn-04570-pfas-result/

 

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2017 Annual Water Quality Report

Tuesday, May 8, 2018

2017

ANNUAL WATER QUALITY REPORT

FOR

FRUITPORT CHARTER TOWNSHIP

WATER SYSTEM

 

This report covers drinking water quality of the Fruitport Charter Township Water System during the 2017 calendar year.  Included are source water details, what it contains, and how it compares to Environmental Protection Agency (EPA) and Michigan Department of Environmental Quality (DEQ) standards.

    In 2016, Fruitport Township purchased water from the City of Muskegon Heights and the City of Muskegon, which treats water from one of the highest quality surface water sources in the world, Lake Michigan.  The DEQ performed an assessment of the source water in 2003 to determine the susceptibility or the relative potential of contamination. The susceptibility rating is on a seven-tiered scale from “very-low” to “very-high” based primarily on geologic sensitivity, water chemistry, and contaminant sources. The source water susceptibility is categorized as moderately high.

       In 2017, Fruitport’s drinking water met all EPA and DEQ drinking water health standards.  Water quality and customer health is the primary concern of the Township’s Utility Department.  Some may be more vulnerable to contaminants in drinking water than others.  Immuno-compromised persons, such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections.  These people should seek advice about drinking water from their health care providers.  EPA/CDC guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the “Safe Drinking Water Hotline” (1-800-426-4791).

     All drinking water, including bottled drinking water, may reasonably be expected to contain at least small amounts of some contaminants.  It is important to remember that the presence of these contaminants does not necessarily pose a health risk.  It is just as important to understand that a contaminant, as defined in this report, includes natural elements and compounds as well as synthetic compounds manufactured every day.   Even distilled water is not “pure” water because most distilled water does have very small quantities of “contaminants”. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (1-800-426-4791).

    The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.  As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

 

 

 

Contaminants that may be present in source water include:

Microbial Contaminants – including viruses and bacteria, may come from sewage treatment plants, septic systems, agricultural operations, and wildlife.

Inorganic Contaminants – including salts and metals, are naturally-occurring or result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.

Pesticides and Herbicides – can come from a variety of sources such as agriculture, urban storm water runoff, and residential uses.

Organic Chemical Contaminants – including synthetic and volatile organic chemicals, are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, and septic systems.

Radioactive Contaminants –are naturally-occurring or result from oil and gas production and mining activities.

 

To ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems.  Food and Drug Administration regulations establish limits for contaminants in bottled water which provide the same protection for public health.

Consumer Awareness of Lead

If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. Fruitport Charter Township is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When water sits idle for several hours, the potential for lead exposure is reduced by flushing the tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested.  Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the safe Drinking Water Hotline at 1-800-426-4791 or at http://w.w.w.epa.gov/safewater/lead

     In ongoing efforts to maintain a safe and dependable water supply it may be necessary to make improvements to the water system.  The costs of these improvements will be reflected in the rate structure.  Rate adjustments may be necessary in order to address these improvements.  If you have any questions about this report or water utility, please contact the Utility Office, at 865-3158.  If you want to participate in decisions that affect drinking water, please attend any of the regularly scheduled Township Board meetings, held on the second and fourth Monday of each month at 7:00 p.m. in the Township Hall at 5865 Airline Road.

      In the table on the back page of this report you will find many terms and abbreviations you might not be familiar with.  To help you better understand these terms we’ve provided the following definitions:

 

Parts per million (ppm) or Milligrams per liter (mg/l) – one part per million corresponds to one minute in two years, or a single penny in $10,000.00

Parts per billion (ppb) or Micrograms per liter (μg/l) – one part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000.

Picocuries per liter (pCi/l) – picocuries per liter is a measure of the radioactivity in water.

Turbidity – A measure of the cloudiness of the water.  Monitoring turbidity indicates the effectiveness of the filtration system.

Nephelometric Turbidity Unit (NTU) - A measure of the clarity of the water.  Turbidity in excess of 5 NTU is just noticeable to the average person.

Action Level (AL) – The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.

Treatment Technique (TT) – A required process intended to reduce the level of a contaminant in drinking water.

Maximum Contaminant Level Goal (MCLG) – The level of a contaminant in drinking water below which there is no known or expected risk to health.  MCLG’s allow for a margin of safety.

Maximum Contaminant Level (MCL) – The highest level of a contaminant that is allowed in drinking water. MCL’s are set as close to the MCLG as feasible using the best available treatment technology.

Not-Detected (ND) – Laboratory analysis indicates that the contaminant is not present.

Maximum Residual Disinfectant Level (MRDL) – The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.

Maximum Residual Disinfectant Level Goal (MRDLG) – The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLG’s do not reflect the benefits of the use of disinfectants to control microbial contaminants.

 

Cross Connections: Preventing the threat.

A cross connection is a dangerous piping arrangement which can allow unsafe water, sewage, chemical solutions or other dangerous liquids to enter the drinking water system.  Some suggestions to avoid a cross connection include keeping garden hoses off the ground and out of standing water and eliminating and preventing connection between the public water supply and private well systems.  

     All backflow prevention devices must be tested regularly according to DEQ Rules.  For customers that have backflow prevention devices, please contact the water office for the testing schedule for your device.

     For further information concerning cross connections and the prevention of cross connections, you may contact the Township’s Utility Department at: (231) 865-3158

 

 

 


 

 

TABLE OF DETECTED CONTAMINANTS

                                                                               2017 REGULATED MONITORING AT TREATMENT PLANT

 

SUBSTANCE

 

SAMPLE DATE

 

UNIT

 

RANGE OF

LEVELS

DETECTED

 

HIGHEST

LEVEL

DETECTED

HIGHEST LEVEL ALLOWED MCL OR TT

 

IDEAL LEVELS MCLG

 

VIOLATION

 

 

POSSIBLE SOURCES OF CONTAMINANT

Fluoride

2017

ppm

n/a

0.86

4.0

n/a

No

Added to promote strong teeth; Erosion

Turbidity *

2017

ntu

n/a

0.05

TT

n/a

No

Soil runoff / Lake Sediment

Total Organic Carbon**

2017

ppm

n/a

2.0

TT

n/a

No

Naturally present in the environment

Barium

2017

ppm

n/a

0.02

2

n/a

No

Erosion of natural deposits

 

      *   Turbidity is a measure of the cloudiness of the water. We monitor turbidity because it is a good indicator of water quality

     **   The Total Organic Carbon (TOC) is measured quarterly. Because we remove 25% of the TOC from our source water, we are in compliance.

            

                                                                2017 REGULATED MONITORING IN THE DISTRIBUTION SYSTEM

 

 

SUBSTANCE

SAMPLE DATE

UNITS

RANGE OF LEVELS DETECTED

HIGHEST ANNUAL RUNNING AVERAGE

HIGHEST LEVEL ALLOWED MCL OR TT

IDEAL

LEVELS

MCLG

SAMPLES EXCEEDING

MCL

 

POSSIBLE SOURCES OF CONTAMINANT

Total Trihalomethanes

2017

ppb

34.1-62

53

80

n/a

NONE

By-product of drinking water chlorination

Haloacetic Acids (HAA5)

2017

ppb

25.7-39.1

36

60

n/a

NONE

By-product of drinking water chlorination

Chlorine Residual

2017

ppm

0.03-1.65

0.94

4

n/a

NONE

Drinking water chlorination

 

                                                                      2017 REGULATED MONITORING AT THE CUSTOMER’S TAP

 

 

SUBSTANCE

 

SAMPLE DATE

 

UNITS

RANGE OF LEVELS DETECTED

 

90TH PERCENTILE

ACTION

LEVEL

(AL)

IDEAL LEVELS MCLG

SAMPLES EXCEEDING (AL)

 

POSSIBLE SOURCES OF CONTAMINANT

Copper * & **

Jan-Jun 2016

ppb

44-160

150

1300

1300

0

Corrosion of household plumbing systems

Lead * & **

Jan-Jun 2016

ppb

0-4.3

1.9

15

0

0

Corrosion of household plumbing systems

Copper * & **

Jul-Dec 2016

ppb

26-84

72

1300

1300

0

Corrosion of household plumbing systems

Lead * & **

Jul-Dec 2016

ppb

0-4.2

1.5

15

0

0

Corrosion of household plumbing systems

 

                                                                  2017 UNREGULATED MONITORING

 

SUBSTANCE

 

SAMPLE DATE

 

 

UNITS

RANGE OF LEVELS DETECTED

HIGHEST LEVEL DETECTED

AVERAGE LEVEL DETECTED

IDEAL

LEVELS

MCLG

SAMPLES

EXCEEDING

MCL

 

POSSIBLE SOURCE OF CONTAMINANT

Sodium

2017

ppm

n/a

10

n/a

n/a

NONE

Erosion of natural deposits; Ice and snow removal

 

*         The MDEQ requires us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently.

           Some of our data, though representative, are more than one year old.

 

**       Results computed using the 90th percentile level. Monitoring period 09-30-14 to 12-31-

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Notice of Ordinance Adoption

Friday, April 13, 2018

CHARTER TOWNSHIP OF FRUITPORT
NOTICE OF POSTING OF ADOPTED ORDINANCE

PLEASE TAKE NOTICE that a Fruitport Charter Township Zoning Map Amendment Ordinance was adopted at a meeting of the Fruitport Charter Township Board Held on April 9, 2018.

The Amendment Ordinance No. 806 will rezone property located at 7046 Quarterline Rd, Muskegon, MI 49444 from R-4 Residential-Agricultural District to R-6 Single Family Residential District.

PLEASE TAKE FURTHER NOTICE that the Amendment Ordinance will take effect the eighth day after this publication, unless the effective date is extended pursuant to Section 402 of Act 110, as amended (i.e., the Michigan Zoning Enabling Act).

The complete text of Ordinance 806 is available for public inspection in the office of the Clerk, 5865 Airline Road, Fruitport, MI during the hours of 8:30 A.M. and 4:30 P.M., Monday-Friday and on the Township website at www.fruitporttownship-mi.gov.


FRUITPORT CHARTER TOWNSHIP

ORDINANCE NO. 806

ZONING MAP AMENDMENT ORDINANCE

 AN ORDINANCE TO AMEND THE ZONING MAP DESCRIBED IN THE ZONING CHAPTER OF THE CODE OF ORDINANCES FOR FRUITPORT CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN, FOR THE PURPOSE OF REZONING CERTAIN LANDS FROM THE R-4 RESIDENTIAL-AGRICULTURAL DISTRICT TO THE R-6 SINGLE FAMILY RESIDENTIAL DISTRICT.

             THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, STATE OF MICHIGAN, ORDAINS:

 Section 1.  Amendment.  Section 42-251 of the Fruitport Charter Township Code of Ordinances, in Article VI of Chapter 42, shall be amended so that the following lands shall be rezoned from the R-4 Residential-Agricultural District to the R-6 Single Family Residential District.  The lands are in the Charter Township of Fruitport, Muskegon County, Michigan, and are described as follows:

 Parcel 1 (#61-15-134-400-0003-00 or 7046 S. Quarterline Rd, Muskegon, MI 49444) Legal Description of the Proposed Property:

 FRUITPORT CHARTER TOWNSHIP

SEC 34 T9N R16W

S 230 FT OF N 485 FT OF W 184 FT OF NW ¼ OF SE ¼

AND W 163 FT OF N 255 FT OF NW ¼ OF SE ¼

SUBJ TO RD ROW OVER W 33 FT & N 33

1.92 AC

SUBJ TO WATER ESMT L/P 2323/429

(COMB W/15-134-400-0001-00 FOR 2011 ROLL)

Section 2.  Effective Date.  This amendment to the Fruitport Charter Township Code of Ordinances Zoning Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan on April 9, 2018, after a public hearing on March 20, 2018 as required pursuant to Michigan Act 110 of 2006, as amended; after introduction and a first reading on March 26, 2018, and after posting and publication following such first reading as required by Michigan Act 359 of 1947, as amended.  This Ordinance shall be effective on April 20, 2018, which is the eighth day after publication as is required by Section 401 of Act 110, as amended, provided that the effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended


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