Table of Contents
Ordinance Index
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Junk Ordinance
Blighted Structure
Inoperable Motor
Vehicle
Ice-Retardant
Enforcement Officer
Fire & Rescue Charge
Noise Ordinance
Amend Violations
Floating Docks
Zoning Authority
|
ARTICLE IV
GENERAL PROVISIONS |
| 401 |
Ordinance General Regulations
| 401:1 |
The provisions of this Ordinance shall be held to the
minimum requirements and shall apply uniformly to each kind or
class of structure or land. |
| 401:2 |
Where the conditions imposed by any provisions of this
Ordinance upon the use of structures of land are either more or
less restrictive than comparable conditions imposed by the
provisions of any other lawful ordinance or of any law,
resolution, rule or regulation of any kind, the regulations
which are more restrictive (or which impose higher standards or
requirements) shall govern. |
| 401:3 |
This Ordinance is not intended to nullify any easement,
covenant or any other private agreement, provided that where the
regulations of this Ordinance are more restrictive (or impose
higher standards or requirements) than such easements, covenants
or other private agreements, the regulations of this Ordinance
shall govern. |
| 401:4 |
Structures or uses which were unlawfully existing at the
time of the adoption of this Ordinance shall not become or be
made lawful solely by reason of adoption of this Ordinance. |
| 401:5 |
All structures erected hereafter, all uses of land or
structures established hereafter, all structural alterations or
relocations of existing structures occurring hereafter and all
enlargements of or additions to existing uses occurring
hereafter shall be subject to all regulations of this Ordinance
which are applicable to the zoning districts in which such
structures, uses or land shall be located. |
| 401:6 |
Nothing contained in this Ordinance shall in itself be
deemed to be a consent, license or permit to use any property or
to locate, construct or maintain any structure or facility or to
conduct any trade, industry, occupation or activity. |
| 401:7 |
Any building permits issued prior to the effective date of
this Ordinance shall be considered valid and structure may be
completed and used or occupied in accordance with plans provided
that use or occupancy is on the basis for which building permit
was originally designated and provided that construction is
begun within sixty (60) days. Any such use which would become
non-conforming by virtue of the passage of this Ordinance shall
thereafter be considered non-conforming and subject to the
provisions of this Ordinance. |
| 401:8 |
Any structure or use lawfully existing at the time of
adoption of this Ordinance may be continued except as
hereinafter provided in the regulations concerning
non-conforming uses in this Ordinance.
|
| |
A. |
Blue Tarps: Portable carports, lean-tos,
sheds attached to any structure.
Side-walls to enclose structures must be of-like materials.
Existing carports and lean-tos with existing tarps and other
material; when upgrading or repairing must be replaced with
materials similar to structure. May require a Land Use Permit. |
| 401:9 |
Roads - Private: Private road width to be a minimum of 66
feet in A-1, R-1 and C-1 Districts. |
| 401:10 |
Wells and Septic Systems – The Buyer/Seller must obtain a
certificate from the Central Michigan District Health Department
certifying that the well and septic system are in compliance
with Health Safety Sanitary Code in A-1, R-1, and C-1 Districts
at the Point-of-Sale. |
|
VIOLATIONS PROCEDURE
| 1 |
A form letter will be issued to the Buyer/Seller by
the Secord Township Supervisor or Designated
Representative, who shall be the enforcing agent if
non-compliance is present.
A. Buyer/Seller to have ninety (90) days after closing
to obtain inspection from the Central Michigan District
Health Department and comply with current well and
septic regulations, including completion of final
inspection of any modifications. |
| 2 |
Existing Systems Evaluation submitted by the Central
Michigan District Health Department will be reviewed by
the Township. Violations will be reported to the
Buyer/Seller for corrections. |
| 3 |
Non-Compliance and Violations Penalties shall be in
effect according to Section 708 of the current Secord
Planning and Zoning Ordinance. |
| 4 |
The Buyer/Seller has the Right of Appeal under
Section 705:7 of current Secord Township Planning and
Zoning Ordinance. |
| 5 |
Land contracts are considered a transfer of interest
and are subject to this ordinance. |
EXCEPTIONS: The following are
exempt from the requirements listed in Article 401:10.
|
| 1 |
A sale, transfer or conveyance of premises from a
spouse to a spouse. |
| 2 |
A sale, transfer or conveyance of premises that
changes ownership due solely to exclude a spouse. |
| 3 |
A sale, transfer or conveyance of premises that
creates or ends a joint ownership if at least one of the
joint owners is (a) Property owner of record prior to
enactment of this ordinance or (b) The spouse of that
property owner of record. |
| 4 |
A sale, transfer or conveyance of premises
containing buildings or structures, all of which are to
be immediately demolished and not occupied after the
sale, transfer, or conveyance. |
| 5 |
A sale, transfer, or conveyance of premises
containing a new home that has not been previously
occupied or lived in for which a satisfactory final
inspection was issued by the Central Michigan District
Health Department within the past 24 months. |
| 6 |
A sale, transfer, or conveyance of premises that the
Central Michigan District Health Department has
inspected and certified acceptable within the prior
twelve (12) months. |
|
| 401:11 |
Nothing in this Ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition any structure or
part thereof declared to be unsafe by any official charged with
protecting the public safety upon such order of such official. |
| 401:12 |
SIGNS
SECTION (A) 1. PURPOSE:
It is the general intent of this Ordinance to prohibit
signs of commercial nature from districts in which
commercial activities are barred: to limit subject
matter on signs in business districts to products,
accommodations, services, or activities on the premises
and to control the number, types and sizes of all signs
in business areas and certain other districts.
Governmental signs shall conform to this Ordinance:
however: those signs used for traffic or street markings
shall not be regulated by this Ordinance. |
SECTION (A)
2. PERMITS:
| A |
A separate permit shall be required for the
erections of signs regulated in this Ordinance
except that no permit shall be required for (A)
3, R and A below or for a sign advertising a
business, product or profession located or
manufactured on the same premises. |
| B |
Each application for a sign shall be
accompanied by a drawing showing the design
proposed, the size, character, and color of
letters, lines symbols, method of illumination
and exact location of the sign in relation to
the building and property, the details and
specifications of the construction. A fee as
determined by Secord Township Board shall
accompany each application for a sign permit,
which will be issued by the Township Zoning
Administrator? A permit shall be issued or
denied within fifteen (15) days after receipt of
the fully completed permit form and the permit
fee from the applicant. |
| C |
All persons holding permits as required by
this Ordinance, at their own expense, shall
place the permit number on each sign facing
erected or maintained by them within four (4)
months after receiving a permit. The numbers
shall be in EGYPTIAN BLOCK type lettering no
less than one (1) inch in height and located on
the lower corner thereof nearest the adjacent
highway. |
| D |
Fraternal, Religious, benevolent or other
non-profit organizations may, under one (1)
permit erect cluster signs advertising the
presence of all such groups in an area. |
|
SECTION (A)
3. RESIDENTIAL AND AGRIGULTURAL DISTRICTS (A-R)
Except as provided in Section (A) 8; Signs shall be
permitted in these Districts only as follow:
| A |
One (1) non-illuminated name plate not
exceeding five square feet (5ft) in area for
each single family unit dwelling unit indicating
only name an occupation. |
| B |
One (1) non-illuminated identification sign
for each dwelling and office, not exceeding ten
square feet (10ft) in an area indicating only
name, address, management name and management
address, financing information, and information
required by public agencies. |
| C |
One (1) non-illuminated identification sign
at each entrance to subdivisions, site
condominiums, or planned unit developments, not
exceeding thirty-two square feet (32ft) in area. |
| D |
Up to two (2) non-illuminating “For-Sale” or
For-Rent” sign per parcel, not exceeding a total
of twelve square feet (12ft) in an area, which
may include sales identification. |
| E |
One (1) non-flashing sign designating each
entrance to or exit from or conditions of use of
a parking area not exceeding five square feet
(5ft) in an area. |
| F |
One (1) non flashing school or church
bulletin board sign for each school or church,
not exceeding twenty feet (20ft) in area. |
| The preceding signs shall
be permitted providing the top of the sign shall
not be higher than eight feet (8ft) above the
curb level: and that on a corner lot two signs,
one facing each street, shall be permitted in
Section (A) 3, R, and A above; and that on the
waterfront property, one additional sign facing
said water shall be permitted for Sections (A)
3, A |
SECTION (A) 4.
COMMERCIAL DISTRICTS, C-1
Except as permitted in Section (A) 8. Signs
visible from the public way shall be permitted
further subject to the following conditions: |
| A |
Such signs shall restrict subject matter to
products, accommodations, services or activities
on the premises. The top of the sign shall not
be higher than twenty feet (20ft) above the curb
level. Such signs shall be non-flashing. |
| B |
External illumination of signs shall be
located such that the illumination shall not be
cast upon lands in R-A Districts, unless that
source of illumination is at least two hundred
feet (200ft) from the R-A District. |
SECTION (A) 5,
INTEGRATED DEVELPEMENT SIGNS
|
| A |
For integrated Developments
under single ownership or under unified control,
(including shopping centers) in the Commercial
Districts (C-1) two (2) additional illuminated
signs may be erected providing they do not
exceed one hundred twenty-five square feet
(125ft) in gross surface area each, and contain
only name and location of the development. |
| B |
The signs are subject to
the following restrictions;
| 1 |
The signs shall not
be of a design or location which will
unreasonably block vision of traffic,
and |
| 2 |
The signs shall not
exceed twenty five feet (25ft) in height
above ground level, and |
| 3 |
Any signs which
exceed thirty-two feet (32ft) in area
shall be located not less than twenty
–five feet (25ft) from the road
right-of-way, and |
| 4 |
Section (A) 4.
Shall apply. |
|
SECTION (A) 6, SIGN
SETBACKS
Except for the provisions as set forth in
Section (A) 5 above, all signs shall be setback
a minimum of ten feet (10 ft) from the highway
right-of-way and all lot lines. |
SECTION (A) 7. BILL
BOARDS
Billboards may be established in C-1 Districts
only, provided that they meet the following
conditions;
| A |
Not more than three (3) billboards
may be located per linear mile of street
or highway regardless of the fact that
such billboard may be located on
different sides of the street or
highway. The linear mile measurement
shall not be limited to the boundaries
of the Township of Secord where the
particular street or highway extends
beyond such boundaries. Double-faced
billboard structures (i.e., structured
having back-to-back billboard faces) and
V-types billboard structures have only
one face visible to traffic proceeding
from any given direction on a street or
highway shall be considered as one
billboard. Additionally, billboard
structures having tandem billboard faces
(i.e. two (2) parallel billboard faces
facing the same direction and
side-by-side to one another) or stanched
billboards faces (i.e. two (2) parallel
billboard faces facing the same
direction with one face being directly
above the other) shall be considered as
one billboard. Otherwise, billboard
structures having more than one (1)
billboard face shall be considered as
two (2) billboards and shall be
prohibited in accordance with minimum
spacing requirement set forth in
sub-section “B” below. |
| B |
No billboard shall be located within
one thousand feet (1000 ft) of another
billboard abutting either side of the
same street or highway. |
| C |
No billboard shall be located within
two hundred feet (200ft) of a
Residential District (R-1) and/or
existing residence. If the billboard is
illuminated, this required distance
shall be three hundred feet (300ft).
|
| D |
No billboard shall be located closer
than seventy-five feet (75ft) from a
property line adjoining a
public-right-of-way or ten feet (10ft)
from any interior boundary lines of the
premises on which the billboard is
located. No billboard shall be located
within five hundred feet (500ft) of an
intersection. The five hundred feet
(500ft) shall me measured from the
center of the intersecting roadways. |
| E |
The surface display area of any side
of a billboard may not exceed six
hundred square feet (600ft). In the case
of billboard structures with tandem or
stacked billboards faces, the combined
surface display area may not exceed six
hundred square feet (600ft). |
| F |
The height of a billboard shall not
exceed thirty feet (30ft) above the
grade of the abutting roadway. |
| G |
No billboard shall not be on top of
cantilevered or otherwise suspended
above the roof of any building. |
| H |
A billboard may be illuminated,
provided such illuminations concentrated
on the surface of the sign and is so
located as to avoid glare or reflection
onto any portion of an adjacent street
or highway, the path of oncoming
vehicles or any adjacent premises. In no
event, shall any billboard have flashing
or intermittent lights, nor shall the
light be permitted to rotate or
oscillate. |
| I |
A billboard must be constructed in
such fashion that is will withstand all
wind and vibration forces which can
normally be expected to occur in the
vicinity. A bill board must be
maintained so as to assure proper
alignments of structure, continued
structural soundness and continued
readability of message. |
| J |
The spacing requirements provided in
this section shall be measured along the
nearest edge of the pavement of the
highway between points directly opposite
each sign. |
SECTION (A)
8. PROHIBTED SIGNS OR SIGN STRUCTURES.
The following signs or sign structures
are prohibited:
|
| A |
Those which purport to regulate,
warn or direct the movement of traffic
or which interfere with, imitate, or
resemble any official traffic sign,
signal or device. |
| B |
Those which are not adequately
maintained and in good state of repair. |
| C |
Those which are erected or
maintained upon trees or painted upon
rocks or other natural resources. |
| D |
Those which prevent the driver of a
motor vehicle from having a clear and
unobstructed view of approaching,
intersecting or merging traffic. |
| E |
Those are which are abandoned. |
SECTION (A)
9. REMOVAL OF SIGNS OR SIGN STRUCTURES:
PROCEDURES
Signs and their supporting structures
erected or maintained in violation of
this Ordinance may be removed by the
Township in the manner prescribed in
this section.
|
| A |
There shall be posted on the sign a
notice that the sign or its supporting
sign structures violates stated
specified provisions of this Ordinance
and is subject to removal. The notice
shall be written on red waterproof paper
stock of a size not less than eight and
one-half inches (8 ˝”) by eleven inches
(11”). The notice shall be posted in the
area designated be Section 4(A) 2. For
the placing of permit numbers, in a
manner so that it is visible from the
street or highway face by the sign or
sign structure. |
| B |
Where a sign bears a permit number,
written notice that the sign or sign
structure violates specified provisions
of this Ordinance and is subject to
removal shall be given the permit fee by
Certified Mail to the posted notice
required by sub-section A above. |
| C |
If the sign or sign structure is not
removed or brought into compliance with
this act within sixty (60) days
following the date of posting, mailing
or written notice or within such further
time as the Zoning Administrator may
allow in writing, the sign shall be
deemed to be abandoned. |
| D |
Signs or sign structures deemed
abandoned, and any other sign or sign
structure erected or maintained in
violation of this Ordinance shall be
removed by the Township forthwith upon
expiration of the sixty (60) day period
following the date of posting or mailing
written notice or upon the expiration of
such further time as the Zoning
Administrator may have allowed. The
Township may recover as a penalty from
the owner of the sign structure, or if
he/she cannot be found, the owner of the
realty property upon which the sign or
sign structure is located, double the
cost of removal or Fifty Dollars
($50.00), whichever is greater. |
| E |
The Township, its agents and
employees, and any person acting under
the authority of, or by contract with
Township, may enter upon private
property without liability for so doing
in connection with the posting or
removal of any sign or sign structure
pursuant to this Ordinance. |
| F |
The Township may contract on a
negotiate basis without competitive
bidding this act for the removal of any
sign or sign structure pursuant to this
Ordinance. |
| ALL THESE ADDITIONS TO THE ZONING
ORDINANCE TO BE ADOPTED BY THE SECORD
TOWNSHIP BOARD AT THE REMOVAL OF ANY
SIGN PURSUANT TO THIS ORDINANCE |
|
|
|
|
| 402 |
District General Regulations
| 402:1 |
No yard or lot existing at the time of passage of
this Ordinance shall be reduced in dimension or area
below the minimum requirements set forth herein. Yards
or lots created after the effective date of this
Ordinance shall be at least the minimum requirements of
this Ordinance. All lot splits and land divisions
require UP-TO-DATE legal description completed within
the last twelve (12) months. |
| 402:2 |
No part of a yard or other open spaces or parking or
loading space required in connection with any structure
for the purpose of complying with this Ordinance, shall
be included as part of a yard, open space or parking or
loading space similarly required for any other structure
or use. |
| 402:3 |
In case of a lot having a side yard along any
district boundary line, on the other side of which is a
more restrictive district, said side yard shall have a
width of not less than that required for the more
restrictive district. |
| 402:4 |
In any R-1 or A-1 District, all single-family
residences must have floor space of at least 720 square
feet and a minimum exterior side-to-side or end-to-end
distance of no less than fourteen (14) feet, except when
located in a mobile home park. |
| 402:5 |
On any corner lot in the R-1 and A-1 Districts
nothing shall be erected, placed, planted, or allowed to
grow in such a manner as materially to impede vision
between a height of two and one half (2-1/2) feet and
eight (8) feet above the established road grade within a
triangle formed by the two road right-of-way lines and a
line connecting them at points twenty-five (25) feet
from the intersection of the right-of-way lines. |
| 402:6 |
On double-frontage lots, a front yard as prescribed
for the district as designated on the plat or in the
address of the lot. |
| 402:7 |
Every structure hereafter erected or relocated shall
be on a lot adjacent to a public road or with access to
an approved private road and all structures shall be so
located on lots as to provide safe and convenient access
for well, septic system servicing, fire protection and
required parking. |
| 402:8 |
In any district, more than one structure, housing
more than one permitted or permissible use, may be
erected or maintained on a single lot, provided that all
other requirements of this Ordinance shall be met for
each structure or for each use as though it were on an
individual lot. |
| 402:9 |
In any residential district, a single family
detached dwelling and its accessory structures may be
erected on any legal lot or parcel of record which was
recorded in the office of the County Recorder of Deeds
before the effective date or amendment of this
Ordinance. Lots of Record that are nonconforming because
of lack of the required number of acres or the minimum
number of square feet required may be allowed to be
built on, and variances may be allowed for required
setbacks and yard sizes, based on individual merits
provided adequate potable water supply and proper and
safe sewage disposal facilities, as determined by the
Health Department, can be provided. In making it’s
determination for a variance the Zoning Board of Appeals
may consider one or several individual lots at one time
or it may consider the entire subdivision after
determination by the Health department. Variance request
shall require notification of adjoining property owners. |
| 402:10 |
In any R-1 or A-1 district, lots which have frontage
on both an approved street or road and a body of water
(lake, river, stream, etc.) shall be considered to have
two front yards. Any rule or regulation that is
applicable to front yards shall apply storage of
recreational equipment may be permitted in the
water-side front yard, except trailers, boats and
pontoons on trailers, shall observe the forty foot
(40ft) setback. |
| 402:11 |
Water Related Accessory Structures |
| |
A. |
Any water related accessory structure such as a boat
house, shed or similar shall follow all rules and
regulations of this Ordinance including setbacks, height
restrictions, lot conditions. |
| |
B. |
Floating docks or ice shanties shall have light
reflecting devices at each corner or side of the above
said items that makes them clearly visible during
night-time hours by boaters and snowmobilers. Floating
docks must also have a three (3) inch by five (5) inch
permanent sign or placard that conspicuously identifies
the current lake property name and address of the owner.
Ice shanties must be identified according to the DNRE
requirements, which state that the name and address of
the owner must be on all sides of the shanty in legible
letters at least 2 inches in height. The letters shall
be readily visible and consist of material not soluble
in water. The name and address must be on the shanty and
may not be placed on a board or other material that is
attached to the shanty. |
| 402:12 |
In any district, fences may be installed on an
individual property providing that such fence shall not
obscure vision any time of the year. Any solid fence
over (4) feet tall shall require a site-plan approval by
the Planning Commission. On lake front properties solid
fences shall not be closer than forty (40) feet from the
established water’s edge. Solid fences shall not be
installed or erected closer then twenty-five (25) feet
from road right of way. Any special meeting requested by
applicant for approval of a fence variance shall incur
all cost of the Planning Commission meeting held. There
will be no cost if request is held at a regular
scheduled meeting. |
| 402:13 |
TRAVEL TRAILERS (RECREATIONAL
VEHICLE)
Recreation Vehicle (hereafter referred to as R.V.)
| a |
No R.V. except as noted within this section
shall be used for occupancy in any residential
zoning district. A R.V. may be used for
temporary occupancy, upon application and
issuance of a permit therefore, obtained from
the Zoning Administrator. Prior to issuance of a
permit, the Zoning Administrator shall determine
on-site sanitary facilities are present and in
compliance with Central Michigan District Health
Department. There shall be no outside disposal
of any type of sanitary waste or household
refuse. |
| b |
A guest R.V. parked and used on residential
property with a permanent dwelling for more than
five (5) days shall require a R.V. use permit. |
| c |
No more than two (2) R.V. shall be permitted
on any parcel of land. |
| d |
Parking and use of a R.V. on any parcel of
land shall comply with set back requirements as
stated in our Zoning Ordinance, SCHEDULE OF R-1
DISTRICT REGULATION, Item 1. |
| e |
Permits for temporary occupancy of a R.V.
shall be issued on a continuous thirty (30) day
block and may be renewed thereafter. No permit
shall be renewed which provides for occupancy
greater than one hundred twenty (120) days in
any calendar year. Permits must be displayed and
visible from the road. |
| f |
Upon receiving a formal and signed written
complaint, the Zoning Administrator will
investigate and determine if any action is to be
taken. |
| g |
Permit fees will be determined by the Secord
Township Board. |
|
| 402:14 |
Any mobile home not located in a mobile home park
and intended for use as a dwelling shall conform to the
County Ordinance section 9.03 using HUD Regulation
Building Code and have a minimum of seven hundred twenty
(720) square feet of living space. |
| 402:15 |
The keeping of farm animals and poultry on a
non-commercial basis in an R-1 District shall be
permitted only with the specific approval of the Zoning
Board of Appeals which would issue a variance based on
practical difficulties or unnecessary hardship. |
| 402:16 |
HOME OCCUPATIONS
A home occupation may be permitted within a single
family residential dwelling or accessory building
subject to the following conditions:
| a |
The use of the dwelling unit for the home
occupation shall be clearly incidental and
subordinate to its use for residential purposes
by the home owner. When one or more home
occupation exists within a single dwelling, they
shall not occupy a portion of the dwelling which
is greater than 25% of the floor area of the
dwelling unit as shown on the tax assessment
card, or 300 square feet, whichever is less. |
| b |
Except as noted in item g. below there shall
be no change in the outside appearance of the
structure or premises, or other visible evidence
of the conduct of such home occupation. |
| c |
A home occupation shall be conducted
entirely within an enclosed structure such as a
home or accessory building with no spill over
allowed. |
| d |
No traffic shall be generated by any such
home occupation in greater volumes than would
normally be expected in a residential
neighborhood. |
| e |
No equipment or process shall be used in
such home occupation which creates noise,
vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses of
surrounding property owners. In the case of
electrical interference, no equipment or process
shall be used which creates visual or audible
interference with any radio or television
receivers off the premises, or causes
fluctuations in the line voltage off the
premises. |
| f |
Upon receiving a formal and signed written
complaint the Zoning Administrator will
investigate and determine if any action is to be
taken. |
| g |
One nameplate advertising the home
occupation, not to exceed four (4) square feet
in area, shall be allowed. The sign shall be
confined to the property of the homeowner. |
| h |
The home occupation shall not entail
deliveries to or from the home in connection
with the home occupation other than those items
which are routinely handled by the US Postal
Service or small package deliver services. |
|
| 402:17 |
KEYHOLD DEVELOPMENT
| 1 |
In Residential/Recreation districts, there
shall be at least fifty (50) feet of lake
frontage as measured along the normal high water
mark of the lake for each single-family home,
dwelling unit, cottage, condominium, unit, site
condominium unit or apartment unit utilizing or
accessing the lake frontage. |
| 2 |
Any multiple-unit residential development in
Residential/Recreation Zoning districts that
share a common lake front area or frontage may
not permit lake use or access to more than one
(1) single-family home, dwelling unit, cottage,
Condominium unit, site condominium unit, or
apartment unit for each thirty five (35) feet of
lake frontage in such common lake front area as
measured along the normal high water mark line
of the lake. |
| 3 |
In addition to the above limitations, no
easement, private park common area, lot or
access property abutting or adjoining a lake
shall be used to permit access to the lake for
more than one (1) single-family home, dwelling
unit, condominium unit, site condominium unit,
apartment unit or any other use unless such
additional access use is approved as a special
use. |
| 4 |
All existing lake front lots having less
than fifty (50) feet of water frontage at the
high water mark shall be considered
non-conforming uses and shall be covered under
grandfather clause. |
|
| 402:18 |
STRUCTURE CONVERSIONS
Changes to original implied use of a structure such as
garages, storage buildings and enclosed porches to a
Livable status shall require a Land Use Permit. |
|
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