[1]
State law reference: Site plans, MCL 125.286e.
[Code 1974, § 81-3.3(A)]
The Township finds that the development of nonresidential and
multiple-family residential uses of land may have a substantial effect
on the character of the community and its public health, safety, and
general welfare. Therefore, this division requires that all nonresidential
and multiple-family residential uses and structures be subject to
site plan review in order to reasonably ensure that the development
and use of land will not adversely affect the public health, safety,
and general welfare; to ensure compliance with this chapter, other
applicable ordinances, other Township planning documents, and state
and federal statutes; and to ensure that the proposed development
is compatible with the surrounding uses.
[Code 1974, § 81-3.3(B)]
Except for single-family or two-family dwellings, a site plan
approved under this division is required for any of the following:
(1)
All building permits, grading permits, and certificates of occupancy.
(2)
The construction, reconstruction, vertical or horizontal enlargement,
relocation, or alteration of a building, or conversion of use. An
alteration is any change in the supporting members of an existing
building, any change in the location of doors or windows, or any change
in usable floor area; it does not include normal repairs or maintenance.
(3)
Changes in on-site traffic flow or parking or the removal of structural
or vegetative screening.
[Code 1974, § 81-3.3(C)]
An applicant may meet with the Director of Community Planning
and Development to discuss the requirements for a site plan review.
In addition to the preliminary discussions, an applicant may submit
a conceptual plan for review by the Director of Community Planning
and Development in order that preliminary technical deficiencies may
be addressed prior to submittal of an application for a site plan
review. This procedure is intended to be informational only and shall
not limit the substance of the review process.
[Code 1974, § 81-3.3(D)]
The application shall be submitted to the Director of Community
Planning and Development and shall include the following to encourage
applicants to propose plans for and develop property which has high
quality of site and building design. No application shall be processed
until it is complete.
(1)
A site plan review application form available in the Department of
Community Planning and Development containing the following information,
where applicable:
a.
The address and/or parcel number of the subject property.
b.
The applicant's name, address, and phone number.
c.
The name, address, and phone number of all persons with an ownership
interest, if different from the applicant.
d.
Name and address of the developer, if different from the applicant.
e.
Name and address of the engineer, architect, landscape architect,
land planner, and/or land surveyor aiding in preparation of the site
plan.
f.
Project title.
g.
The gross and net acreage of all parcels in the project.
h.
Projected time frame and development phases.
i.
Total number of existing and proposed structures, units, bedrooms,
or offices.
j.
Square footage and usable floor area of existing and proposed buildings.
k.
Number of acting and proposed parking spaces, carports, or garages.
l.
Number of employees by shift.
m.
Amount and type of existing and proposed recreation and open space.
(2)
A legal description and plot of survey of the subject property.
(3)
Evidence of fee and/or other ownership of the subject property for
which site plan review is being requested.
(4)
A nonrefundable fee in the amount established in the schedule of
fees as adopted by the Township Board.
(5)
Copies of required applications made to and reviews or permits received
from other Township, county, state, or federal departments and agencies.
(6)
Layout plan, drawn to scale, showing the proposed location of structures
and other improvements including roads, driveways, pedestrian walks,
off-street parking areas, landscaped areas, buffers and screenings,
vegetative pattern, natural features, fences and walls, lighting locations,
and the land uses and zoning classifications on the subject parcel
and adjoining parcels.
(7)
Landscape plan, drawn to scale, showing the locations of existing
trees proposed to be removed or retained on the site, the location
and design of landscaped areas, and the varieties and sizes of plant
materials, including trees, shrubs, vines, and ground covers, to be
planted therein, and other landscape features as may be necessary
to illustrate the landscape content.
(8)
Utility plan, drawn to sale, showing the location and size of existing
and proposed public water mains, wells, and sanitary sewers and associated
easement or location of existing and proposed private drinking water
wells, on-site wastewater treatment and disposal systems. The location
of existing and proposed monitoring wells, irrigation wells, test
wells, or wells used for industrial processes shall also be depicted.
The location of existing and proposed private utilities including
natural gas, electricity, telephone, and cable television and associated
easements shall also be shown on the plan.
(9)
The location and elevations of existing and proposed water features,
as well as their applicable floodplain. Grading and drainage plans,
drawn to scale, including design of storm sewers, outlets, and showing
existing and proposed contours at two-foot intervals, stormwater detention
areas and retention ponds, and the piped stormwater drainage system.
Plans shall also indicate direction of drainage flow. Sufficient data
regarding site runoff estimates and off-site drainage patterns shall
be provided to permit review of feasibility and permanence of drainage
detention and/or retention as well as the impact on local surface
and groundwater.
(10)
Floor plans and elevations, drawn to scale, illustrating all
sides of the proposed structures as they will appear upon completion.
All exterior surfacing materials and colors shall be specified.
(11)
Sign plans, drawn to scale, indicating their size, materials,
and illumination, if any.
(12)
A map of the natural features of the site prior to development
and a written description of the features to be retained, removed,
or modified, and proposed measures to mitigate any negative impacts
on the site and adjacent properties. Natural features to be addressed
include, but are not limited to, wetlands, significant stands of trees
or individual trees greater than 12 inches dbh, floodways, floodplains,
water features, identified groundwater vulnerable areas, slopes greater
than 20%, ravines, and wildlife habitats, vegetative cover types with
potential to sustain significant, or endangered wildlife.
(13)
The location and status of any floor drains in existing or proposed
structures on the site. The point of discharge for all drains and
pipes shall be specified on the site plan.
(14)
A description and location for any existing or proposed above
ground and below ground storage facilities.
(15)
The delineation of areas on the site which are known or suspected
to be contaminated, together with a report on the status of cleanup
or closure.
(16)
The description of the type of operations proposed for the project
and drawings showing size, location, and description of any proposed
interior or exterior areas for the storing, using, loading or unloading
of hazardous substances, hazardous wastes, and/or polluting materials.
(17)
An inventory of hazardous substances to be stored, used or generated
on-site, presented in a format acceptable to the Township Fire Marshal
(include CAS numbers).
(18)
Completion of the environmental permits checklist on the form
provided by the Department of Community Planning and Development.
(19)
Such other information as is necessary to enable the Director
of Community Planning and Development to determine whether the proposed
site plan will conform to the provisions of this chapter.
[Code 1974, § 81-3.3(E); amended by Ord. No. 2007-12, 10-28-2007; 11-9-2023 by Ord. No. 2023-05]
(a)
Generally. Upon a determination that the application is complete,
the Director of Community Planning and Development shall initiate
the following review process:
(1)
Review of site plan by the Director of Community Planning and
Development. The Director of Community Planning and Development shall
review each site plan to determine whether it complies with this chapter,
other applicable ordinances and other Township planning documents,
any comments of other departments and agencies, and state and federal
statutes.
(2)
Decision. Upon receipt of all of the requested information,
the Director of Community Planning and Development, within 30 days
of the date the application is deemed complete, may approve, approve
with conditions, or deny the application for site plan review as follows.
a.
Approval. A site plan that complies with this chapter and the
conditions imposed pursuant to this chapter, other Township planning
documents, and state and federal statutes shall be approved.
b.
Conditional approval. A site plan that requires minor modifications
for compliance may be conditionally approved. The Director of Community
Planning and Development shall identify the required revisions, additional
information, or conditions, and the applicant shall submit a revised
site plan or additional information as requested to the Director of
Community Planning and Development. The Director shall verify that
the site plan complies with the conditional approval prior to issuing
any permits to commence construction or certifications for occupancy.
c.
Denial. Upon determination that a site plan does not comply
with the requirements and standards set forth in this chapter, other
applicable ordinances, other Township planning documents, or state
and federal statutes, the site plan shall be denied. An applicant
whose site plan has been denied may submit a new site plan, pay the
applicable fee, and receive a new site plan review or appeal the denial.
(3)
Notice of decision. The Director of Community Planning and Development
shall notify the applicant in writing of the decision and the reasons
therefor.
[Code 1974, § 81-3.3(F); Ord. No. 2010-11, 8-22-2010]
Site plans for projects shall be reviewed for compliance with
the following standards and requirements, where applicable:
(1)
Conformance to zoning regulations. Each project shall satisfy all
dimensional, landscaping, buffering, design, and other requirements
set forth in this chapter and shall comply with other Township, county,
state and federal laws, ordinances and regulations.
(2)
Review standards. The following review standards shall be applied
in evaluating the site plan:
a.
Neighborhood and community character standards.
1.
New or existing structures. New or existing structures shall
be constructed or renovated in a manner that is compatible with the
surrounding neighborhood when adjacent to a residential zone.
2.
Relation of proposed buildings to environment. Proposed buildings
shall be adapted to the terrain and the size and shape of the lot.
i.
Compatibility with surrounding buildings. New buildings shall
be compatible with the architectural character of surrounding buildings.
ii.
Building materials. Building materials shall be compatible with,
or complimentary to, neighboring sites and structures.
iii.
Siting. The design of a building, its location on the site,
and the site layout shall respond to specific site conditions, such
as topography, solar and wind exposure, privacy, views, access, drainage,
and noise.
iv.
Special features. Mechanical equipment, storage facilities,
activity areas, utility buildings and structures, and similar accessory
areas and structures shall be subject to such setbacks or screening
methods as shall reasonably be required to prevent their being incongruous
with or disruptive to adjacent properties.
3.
Landscape preservation. The landscape should be preserved in
as natural a state as possible by minimizing tree and soil removal.
Sensitive areas, such as steep slopes, wetlands, and shore areas,
as well as resource areas such as forests, wooded lots, and open space
shall be preserved where practical.
4.
Traffic. New structures or uses shall not adversely impact traffic
flows at or near their site to the extent that the public safety is
endangered or the level of service is substantially deteriorated.
Impacts on pedestrian and nonmotorized travel will also be evaluated,
particularly in areas where sidewalks are not present.
5.
Lighting. Exterior lighting shall be designed and illumination
arranged so that it is directed downward and deflected away from adjacent
properties and so that it does not impair the vision of traffic along
adjacent streets.
b.
Site development standards.
1.
Fire and emergency access. Setbacks, access paths, and fire
hydrant locations shall be provided per existing statutes and ordinances
and in accordance with the requirements of the appropriate reviewing
authorities. All buildings or groups of buildings shall be so arranged
as to permit emergency vehicle access as required by the state construction
code or Uniform Fire Code as referenced in this chapter.
2.
Parking and loading. The required number of parking and loading
spaces for the intended use, as provided in the applicable zoning
district regulations, shall be sufficient. Calculations and justifications
for additional spaces shall be noted on the plans.
3.
Drives and circulation. Attention shall be given to location
and number of access points to the public streets, width of interior
drives and access points, general interior circulations, separation
of pedestrian and vehicular traffic, method of screening, and arrangement
of parking areas that are safe, convenient, and do not detract from
the design of proposed buildings and neighboring properties. The pedestrian
circulation system shall be insulated where possible from the vehicular
circulation system. Shared parking and interior connecting drives
shall be required wherever feasible.
4.
Surface water management. Attention shall be given to proper
site surface water management so that it will not adversely affect
neighboring properties and natural features, or worsen downstream
flooding and water quality.
i.
The project and related improvements shall be designed to protect
land and water resources from pollution, including pollution of soils,
groundwater, and water features.
ii.
Stormwater detention, retention, transport, and drainage facilities
shall, insomuch as practical, be designed to use or enhance the natural
stormwater system on-site, including the storage and filtering capacity
of wetlands, water features, and/or the infiltration capability of
the natural landscape. Stormwater facilities shall be designed so
as not to cause flooding or the potential for pollution of water features
or groundwater, on-site or off-site. Stormwater facilities shall conform
with the requirements of the county drain commissioner.
5.
Groundwater protection. Attention shall be given to all businesses
and facilities, including private and public facilities, which use,
store, or generate hazardous substances to ensure the following standards
are met.
i.
General purpose floor drains shall be connected to a public
sewer system or an on-site holding tank (not a septic system) in accordance
with state, county, and municipal requirements, unless a groundwater
discharge permit has been obtained from the state department of environmental
quality. General purpose floor drains which discharge to groundwater
are generally prohibited.
ii.
Sites where hazardous substances, hazardous wastes, or potentially
polluting materials are stored, used, or generated shall be designed
to prevent spills and discharges of such materials to the air, surface
of the ground, groundwater, or water features.
iii.
Secondary containment facilities shall be provided for aboveground
storage of hazardous substances, hazardous wastes, or potentially
polluting materials in accordance with state and federal requirements.
Aboveground secondary containment facilities shall be designed and
constructed so that the potentially polluting material cannot escape
from the unit by gravity through sewers, drains, or other means, directly
or indirectly, into a sewer system or to the waters of the state,
including groundwater.
iv.
Underground storage tanks shall be registered, installed, operated,
maintained, closed, or removed in accordance with regulations of the
state department of environmental quality.
v.
Aboveground storage tanks shall be certified, installed, operated,
maintained, closed, or removed in accordance with regulations of the
state department of environmental quality.
vi.
Bulk storage facilities for pesticides and fertilizers shall
be in compliance with requirements of the state department of agriculture.
vii.
Abandoned water and/or monitoring wells and cisterns shall be
plugged in accordance with regulations and procedures of the state
department of environmental quality and the county Health Department.
viii.
State and federal requirements for storage, spill
prevention, record keeping, emergency response, and transport and
disposal of hazardous substances, hazardous wastes, liquid industrial
waste, or potentially polluting materials shall be met. No discharge
to surface water or groundwater, including direct and indirect discharges
of waste, waste effluent, wastewater, pollutants, or cooling water,
shall be allowed without approval from appropriate state, county and
local agencies.
ix.
As of the effective date of the ordinance amendment from which
this chapter is derived, new irrigation wells shall be prohibited
in all locations within the Township where public water service is
available. Abandoned irrigation wells shall be plugged in accordance
with regulations and procedures of the state department of environmental
quality and the county Health Department.
6.
Soil erosion and sedimentation. Soil erosion and sedimentation
control measures, such as seeding and silt fencing, shall be required
before, during, and upon completion of construction where deemed necessary
to prevent erosion and sedimentation in accordance with current Township
standards. In case a letter of credit is on file with the Township
Treasurer, as work progresses, a new letter of credit may replace
the letter of credit on file.
7.
Utility service. New utility service distribution lines shall
be underground wherever feasible. Any existing utility installations
remaining above ground shall not adversely impact neighboring properties
and the site. All utility installations shall be carried out in accordance
with current standards, rules, and regulations of those agencies having
jurisdiction.
8.
Construction. All construction shall be carried out in accordance
with the standards, rules, and regulations of the Township, including
the Township Engineer's Construction Design Manual and all applicable
ordinances.
[Code 1974, § 81-3.3(G)]
Upon application and payment of the fee in the amount established
in the schedule of fees adopted by the Township Board, modifications
to an approved site plan may be granted by the Director of Community
Planning and Development, provided that such changes conform to the
provisions of this chapter and all other Township, county, state,
and federal laws and regulations.
[Code 1974, § 81-3.3(H); Ord. No. 2007-08, 9-30-2007; Ord. No. 2010-05, 3-28-2010; Ord.
No. 2011-06, 5-5-2011]
(a)
The effective date of a site plan shall be 10 days from the date
of approval. In the event an appeal of the director's decision is
filed within this ten-day period, the effective date of the site plan
shall be the date the appeal is decided in favor of the applicant.
(b)
A building permit must be approved within 24 months of the effective
date of the site plan, otherwise the site plan approval shall be void.
For phased developments, the first building permit shall be approved
within 24 months and all subsequent building permits shall be issued
within five years of the date of site plan approval. Permitted time
frames do not change with successive owners.
(c)
Approval of a site plan shall authorize only the construction and
site improvements as depicted on the site plan.
(d)
If a building permit has not been issued within 24 months from the
effective date of the site plan, an extension may be requested in
writing prior to the expiration date. An extension request shall be
reviewed and approved or denied in writing by the Director of Community
Planning and Development.
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The extension shall be granted if all three of the following
criteria are met:
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1.
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The applicant failed to begin construction within the required
time period due to their inability to obtain financing or their inability
to acquire the necessary permits, due to circumstances outside of
the applicant's control.
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2.
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The project continues to be consistent with the site plan review criteria listed in § 86-156 of the Township Code of Ordinances as originally applied.
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3.
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The project remains conforming to all requirements of the previously
approved site plan.
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One extension may be granted for a period not to exceed 12 months
from the expiration date of the site plan. In approving an extension,
the Director of Community Planning and Development may impose new
conditions to ensure the site plan remains conforming to the previously
approved site plan. The site plan shall meet all applicable codes
in effect as of the date of issuance of a building permit unless otherwise
specifically exempted from the code in the site plan review approval.
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[Code 1974, § 81-3.3(I)]
Site improvements related to the approved site plan, excluding
grading and foundation permits, shall not commence until the applicant
has secured all other permits and approvals required by this chapter
and all other applicable Township, county, state, and federal laws
and regulations.
[Code 1974, § 81-3.3(J)]
To guarantee compliance with this chapter and any conditions
imposed by this chapter, at the time a certificate of occupancy is
issued, the Director of Community Planning and Development may require
that a cash deposit, certified check, or irrevocable bank letter of
credit in a form acceptable to the Township Treasurer, covering the
estimated cost of incomplete improvements associated with the approved
site plan, be deposited with the Township Treasurer to insure faithful
completion of the improvements. As required improvements are completed,
portions of a cash deposit or certified check may be rebated. In case
a letter of credit is on file with the Township Treasurer, as work
progresses, a new letter of credit may replace the letter of credit
on file.
[Code 1974, § 81-3.3(K)]
[Code 1974, § 81-3.3(L)]
(a)
A list of decisions made on site plans shall be posted by the Director
of Community Planning and Development in the municipal building of
the Township and shall include the following:
(b)
All decisions shall be listed on the regular Planning Commission
agendas and reported to the Township Board.
