Section 23-301 No person shall construct, erect, operate, maintain, or permit to exist, any surface facility, surface facility equipment, pipeline, or flow line unless a Special Approval application has been reviewed by the Planning Commission and Special Approval for such establishment and operation has been obtained as provided by the terms of this Article. This provision does not abridge or abrogate any obligation to apply for and obtain a permit issued by the State of Michigan or the United States Environmental Protection Agency.

Section 23-302 Application for Special Approval/Special Approval Fee

1. The Application must be filed 30 business days prior to the regularly scheduled monthly meeting of the FHT Planning Commission. Every application for Special Approval to establish and operate a surface facility, surface facility equipment, pipeline, or flow line shall be in writing and signed by the applicant or by some person duly authorized to sign on behalf of applicant, and it shall be filed with the Zoning Administrator and be accompanied by a non-refundable application fee in the amount established by resolution of the Township Board. The applicant shall pay an additional non-refundable operating fee in the amount established by resolution of the Township Board, when the Special Approval application is approved and accepted. The applicant shall submit eight (8) copies of the application and all required documents. The application shall contain complete information as required by this Article, including the following:

a. Name, address and telephone number of applicant and date of application.

b. Address, parcel number, and legal description of the property and the property owner's name, address and phone number.
c. The names and addresses of all surface fee simple and surface leasehold owners of property located within five hundred feet (500') of the proposed surface facilities, surface facility equipment, pipeline, or flow line:

d. Description of the following related to the proposed surface facility, surface facility equipment, pipeline, or flow line:

i. Measures to be taken to control noise, vibration, light and odors.
ii. Plans for topsoil storage.
iii. Source of the water to be used for the drilling operations
iv. Maximum length, width and weight of any motor vehicles and the maximum weight of the load to be carried by any motor vehicles to be used in traveling to and from the site.

e. Plans for the following:

i. Construction and operation of pipelines, showing in detail the size of the pipeline, the depth and width and the exact location of the excavation or pipeline;

ii. Flow line design criteria, including but not limited to, operating pressures, pipeline gradient and elevation to sea level, location, pipe ASTM grade, pipe manufacturer, pipe wall thickness, pipeline or flow line capacity and volume; and

iii. Disposal of salt water, including the method of disposing of produced saltwater. When a disposal well located inside the Township is to be used, the applicant shall identify the disposal well by operator, lease, well name and number, and location;

f. The name and address of the person upon whom service of legal notice or service of process upon the applicant may be made within this state. Any nonresident applicant who has no service agent within this state shall attach to the application a designation of a service agent who is a resident of State of Michigan, and a consent that service of summons or legal notice may be

made upon such person in any action to enforce any of the obligations of the applicant hereunder.

g. A soil erosion and sedimentation control plan.

h. Proof of insurance coverage as fully described in this Article.

i. A bond or irrevocable letter of credit and insurance as fully described in this Article.

j. Environmental impact assessment on a form approved by resolution of the Township Board.

k. Applicants agreement to provide the Township with the irrevocable right to inspect the surface facility, surface facility equipment, pipeline, or flow line from time to time, upon reasonable notice, to ensure compliance with this Article.

l. Proof of appropriate easements from owners of private property necessary for construction, installation, or operation of the proposed surface facility, surface facility equipment, pipeline, or flow line.

m. Copies of all applications for drilling permits, disposal permits, survey records of well locations and plats, as provided to the Supervisor of Wells and/or any other jurisdictional authority including the United States
Environmental Protection Agency, in connection with the permit process for production and/or sweetening facilities, for the Planning Commissions review, excluding all information deemed confidential by statute.

n. Any other information required by the Planning Commission or in this Article of the Forest Home Township Zoning Ordinance.

o. A verified statement from the applicant or the applicants agent that the information contained in the application and the site map is true and accurate.

2. In addition to the application, the applicant is required to submit eight (8) copies of a site map showing the following of a Site Map drawn to scale and including labels which locate and describe the information requested:

a. The location of the proposed surface facility, surface facility equipment, pipeline, or flow line and the distances therefrom to all existing dwelling houses, buildings, or other structures designed for the occupancy of human beings or animals within six hundred fee (600') of any such proposed surface facility, surface facility equipment, pipeline, or flow line;

b. All existing oil, gas or fresh water wells within thirteen hundred twenty feet (1320') of the proposed surface facility, surface facility equipment, pipeline, or flow line;
c. The location of all public water supplies within two thousand feet (2000') of the proposed surface facility, surface facility equipment, pipeline, or flow line;

d. Locations of surface waters and other environmentally sensitive areas within thirteen hundred twenty feet (1320') of the proposed surface facility, surface facility equipment, pipeline, or flow line;

e. Location of flood plains associated with such surface waters and any designated natural rivers, critical dune areas, or areas containing threatened or endangered species, all as identified pursuant to applicable state and federal laws and regulations, within thirteen hundred twenty feet (1320') of the proposed surface facility, surface facility equipment, pipeline or flow line.

f. Locations of the following within a five hundred foot (500') radius of the proposed surface facility or surface facility equipment:

i. Roads, utility lines and pipelines;

ii. Estimated depth of groundwater and method used to determine depth,

iii. Proposed transmission routes for transporting raw materials for construction to the site and waste materials from the site. Any and all highways within the limits of the Township proposed to be used by such motor vehicles in traveling to and from the site shall also be identified.

iv. Existing and proposed sweetening, processing or other machinery and equipment.

g. Locations of the following within a two hundred sixty feet (260') radius of the proposed pipeline or flow line:

i. roads, utility lines and other pipelines;

ii. estimated depth of groundwater and method used to determine depth;
iii. Proposed transmission routes for transporting raw materials for construction to the site and waste materials from the site. Any and all highways within the limits of the Township proposed to be used by such motor vehicles in traveling to and from the site shall also be identified.

iv. Existing and proposed sweetening, processing or other machinery and equipment.

h. Boundaries of the site for the proposed surface facility, surface facility equipment, pipeline, or flow line;

i. Surface drainage of the site for the proposed surface facility, surface facility equipment, pipeline, or flow line;
j. Location and description of measures to be taken to screen the proposed surface facility, surface facility equipment, pipeline, or flow line from view.

3. A copy of the first page of the application shall be mailed by the applicant to the surface owner(s) of record of the land on which the surface facility, surface facility equipment, pipeline or flow line is to be located, by regular United States mail addressed to the surface owners last known address as evidenced by the current property tax rolls records.

Section 23-303 Public Hearing for Special Approval/Notice/Written Decision

1. Once a completed application has been received by the Zoning Administrator and the Special Approval Fee has been paid, the Planning Commission shall hold at least one (1) public hearing on the application. Notice of this public hearing shall be published and served as specified in Article 19 of this Ordinance. The Planning Commission shall have sixty (60) days from the date the completed application is filed and the Special Approval Fee is paid to hold the public hearing. The Planning Commission shall either approve, deny, or approve with conditions the requested Special Approval within sixty (60) days after holding its final public hearing on the requested Special Approval. The Planning Commissions decision shall be in writing and shall specify the facts upon which it is based. The Zoning Administrator shall send to the applicant by first class mail the Planning Commissions written decision within seven (7) days after the decision becomes final.

2. If the Special Approval is granted, such approval shall constitute the obligation of the applicant to comply with the terms of such approval.

3. If the Special Approval is denied, or if the applicant notifies the Township Clerk in writing within thirty (30) days of the initial filing of said application that he or she wishes to withdraw his or her application, then the application process shall be considered to be terminated.

Section 23-304 The Planning Commission shall grant Special Approval for a proposed surface facility, surface facility equipment, pipeline, or flow line when the applicant has satisfied all of the following standards:

1. Objective Standards. The applicant shall comply with all of the following standards, regardless of the specific site on which the proposed facility will be located:

a. The proposed use complies with all federal, state, county. and local laws and regulations.

b. The insurance provision of this Article.

c. The bond or irrevocable letter of credit of this Article, if applicable.
d. The density regulations of this Article.
e. The setback regulations of this Article.
f. The proposed facility is not located within a street or alley. pursuant to this Article.

g. The fencing, screening and landscaping requirements of this Article.

h. The pipeline and flow line requirements of this Article.

i. The noise, odor, vibration and other nuisance regulations of this Article.
j. The fire prevention regulations of this Article.
k. The provisions regarding fresh water supply wells, pursuant to this Article.
l. The provisions regarding disposal of muds, pursuant to this Article.
m. The provisions regarding storage tanks, pursuant to this Article.
n. The disposal of saltwater and other deleterious substances of this Article.
o. The provisions for lease and access roads, pursuant to this Article, if applicable.

p. The appropriate easements obtained from owners of private property necessary for construction, installation, or operation of the surface facility, surface facility equipment, pipeline, or flow line.

q. The applicant is not in violation of the provisions of this Article, State permit conditions, an order of the Supervisor of Wells, an order of the Michigan Department of Environmental Quality, or an order of the Michigan Department of Natural Resources.

2. Site Specific Standards. In addition to the objective standards listed above, the applicant shall meet the following standards, which shall be considered by the Planning Commission based on the specific site on which the proposed surface facility, surface facility equipment, pipeline, or flow line will be located:

a. Whether the proposed surface facility, surface facility equipment, pipeline, or flow line is designed, constructed, operated, and maintained so as not to be offensive in terms of nuisance odors, nuisance noise. nuisance vibrations or other nuisances to properties in the vicinity of the proposed surface facility, surface facility equipment, pipeline, or flow line.

b. Whether the proposed surface facility, surface facility equipment, pipeline, or flow line is designed, constructed, operated. and maintained so as not to cause, or be likely to cause, pollution to the ground water, surface water, or ground within the area surrounding the proposed site and within the Township.

c. Whether the proposed surface facility, surface facility equipment, pipeline, or flow line will be serviced by adequate public services, such as highways. fire protection, and water and sewer facilities and will not create excessive additional public costs for those public services.

d. Whether the proposed surface facility, surface facility equipment, pipeline, or flow line will be serviced by adequate waste disposal including, but not limited to, the disposal of oil and gas waste byproducts.

e. Whether the proposed highway routes servicing the surface facility, surface facility equipment, pipeline, or flow line will not cause traffic congestion, conflict or movement, or cause damage to the highway in greater proportion to that normally prevailing within the underlying zoning district within which the proposed surface facility, surface facility equipment, pipeline, or flow line is located.

Section 23-305 To insure that public services will be capable of accommodating increased use caused by the construction and operation of the proposed surface facility, surface facility equipment, pipeline, or flow line, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner, the Planning Commission may impose reasonable conditions on any Special Approval authorized under this Article. The conditions imposed under this Section 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 surface facility, surface facility equipment, pipeline, or flow line, residents, and landowners immediately adjacent to the surface facility, surface facility equipment, pipeline, or flow line, and the Township as a whole.

2. Be related to the valid exercise of the police power, and purposes which are affected by the surface facility, surface facility equipment, pipeline, or flow line.

3. Be necessary to meet the intent and purpose of this Article, be related to the standards contained in this Article, and be necessary to insure compliance with those standards.

Section 23-306 Transfer of Special Approval/Standards for Transfer of Special Approval

1. A Special Approval may be transferred from one person to another if the proposed transferor and transferee are not in violation of the provisions of this Article, State permit conditions, an order of the Supervisor of Wells, an order of the Michigan Department of Environmental Quality, or an order of the Michigan Department of Natural Resources. No transfer of any Special Approval shall be valid until the Supervisor of Wells approves the transfer of the State permit. if applicable. No person shall be released from the requirements of this Article until the Township is provided with proof of change of operator and submittal of the required documentation as provided by this Article.