This article governs the processes and standards for all uses and structures for which site plan approval is required under other provisions of this chapter. Site plans for special land uses and planned unit developments shall receive a recommendation from the Planning Commission and a final decision by the Township Board. The Planning Commission shall make the final decision on site plans except as described in § 455-6.6.
A.
Site plan required. Site plan review is required in the following situations.
(1)
The development of any new use and/or the construction of any new structures.
(2)
Establishment, expansion, or enlargement of any regulated use unless expressly exempted by this article.
(3)
The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a residential use in the AG-R, R-1, or R-2 Districts.
B.
Site plan not required. Notwithstanding the preceding Subsection A, site plan approval is not required for the following activities:
(1)
Excavating, filling, or otherwise removing soil, provided that such activity is normally and customarily incidental to uses described in this section for which site plan approval is not required.
(2)
A change in the ownership of land or a structure, or a change in business tenancy, as long as the type of establishment is the same.
(3)
Temporary buildings and structures.
A.
Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed uses and structures.
B.
Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of parcel, the character of adjoining land uses, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by these regulations. Where boundary concerns are present, the Zoning Administrator may require a staked survey.
C.
Appearance. Landscaping, earth berms, fencing, signs, walls, and other site features shall be designed and located on the site so that the proposed development is aesthetically pleasing and harmonious with nearby existing or future developments.
D.
Compliance with district requirements. The site plan shall comply with the district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements set forth in the Schedule of Dimensional Requirements, § 455-2.2, unless otherwise provided in these regulations.
E.
Emergency vehicle access. All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.
F.
Ingress and egress. Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.
G.
Pedestrian circulation. The site plan shall provide a pedestrian circulation system that is insulated as completely as is reasonably possible from the vehicular circulation system.
H.
Vehicular and pedestrian circulation layout. The arrangement of public and common ways for vehicular and pedestrian circulation shall respect the pattern of existing streets or pedestrianways in the vicinity of the site. The width of streets and drives shall be appropriate for the volume of traffic they will carry. In order to ensure public safety and promote efficient traffic flow and turning movements, the applicant may be required to limit street access points or construct a secondary access road.
I.
Drainage. Grading and drainage shall comply with the Berrien County Drain Commission and all other applicable state and federal requirements.
J.
Soil erosion and sedimentation. The proposed development shall include measures to prevent soil erosion and sedimentation during and upon completion of construction, in accordance with Berrien County Erosion Control Standards.
K.
Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjoining properties, visual glare is minimized, and so that it does not impede vision of drivers along adjacent streets, as specified in this chapter.
L.
Public services. Adequate services and utilities, including water, sanitary sewer, and stormwater control services, shall be available or provided, and shall be designed with sufficient capacity and durability to properly serve the development.
M.
Screening. Off-street parking, loading and unloading areas, outside refuse storage areas, and other storage areas that are visible from adjacent homes or from public roads, shall be screened by walls or landscaping of adequate height as specified in this chapter.
N.
Danger from hazards. The level of vulnerability to injury or loss from incidents involving hazardous materials or processes shall not exceed the capability of the Township to respond to such hazardous incidents to prevent injury and loss of life and property. In making such an evaluation, the Township shall consider the location, type, characteristics, quantities, and use of hazardous materials or processes in relation to the personnel, training, equipment and materials, and emergency response plans and capabilities of the Township. Sites that include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, and public sewer system.
O.
Health and safety concerns. Any use in any zoning district shall comply with applicable federal, state, county, and local health and pollution laws and regulations with respect to noise; dust, smoke and other air pollutants; vibration; glare and heat; fire and explosive hazards; gases; electromagnetic radiation; radioactive materials; and toxic and hazardous materials.
P.
Sequence of development. All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient, and efficient manner without being dependent upon subsequent improvements in a later phase or on other sites.
An application for site plan review shall be submitted on a form provided by the Township with the required items presented in the table below. Required items shall be demonstrated on the site plan drawings, written narrative/submitted documentation, or both as indicated in the table.
Site Plan Application Requirements | |||
|---|---|---|---|
Site Plan Item | Description | Shown on Site Plan | Written Narrative/ Submissions |
1. | The date, North arrow, and scale. Scale shall be as follows: <3 acres: 1 inch = 50 feet >3 acres: 1 inch = 100 feet | √ | |
2. | The boundary lines of the property, to include all dimensions, gross and net acreage, and legal description. | √ | |
3. | The location and width of all abutting rights-of-way. | √ | |
4. | The existing zoning district in which the site is located and the zoning of adjacent parcels. In the case of a request for a zoning change, the classification of the proposed new district must be shown. | √ | |
5. | The location of all existing and proposed structures and uses on the site, including proposed drives, walkways, signs, exterior lighting, parking (showing the dimensions of a typical parking area), loading and unloading areas, common use areas and recreational areas and facilities. | √ | |
6. | Description of all existing and proposed structures referenced in item 5. | √ | |
7. | The location and identification of all existing structures within a 200-foot radius of the site. | √ | |
8. | The location and description of the environmental characteristics of the site prior to development such as topography, soils, vegetative cover, mature specimen trees, drainage, streams, wetlands, shorelands, or any other unusual environmental features. | √ | √ |
9. | Natural features that will be retained, removed, and/or modified including vegetation, hillsides, drainage, streams, wetlands, shorelands, and wildlife habitat. | √ | |
10. | A landscaping plan with all existing and proposed landscaping, walls, and/or fences. | √ | |
11. | A grading plan showing the topography of the existing and finished site, including ground floor elevations, shown by contours or spot elevations. Contours shall be shown at height intervals of 2 feet or less. | √ | |
12. | A stormwater management plan showing all existing above and below grade drainage facilities, and proposed plans incorporating low-impact development water quality technologies and other best management practices. | √ | √ |
13. | Location, type, and size of all above and below-grade utilities. | √ | |
14. | Location of any cross-access management easements, if required. | √ | |
15. | Location of pedestrian and nonmotorized facilities. | √ | |
16. | The method to be used to control any increase in effluent discharge to the air or any increase in noise level emanating from the site. Consideration of any nuisance that would be created within the site or external to the site whether by reason of dust, noise, fumes, vibration, smoke or lights. | √ | |
17. | Plans to control soil erosion and sedimentation, including during construction. | √ | √ |
18. | The method to be used to serve the development with municipal water. | √ | |
19. | The method to be used for sewage treatment. | √ | |
20. | The number of units proposed, by type, including a typical floor plan for each unit, dimensions, and area in square feet. | √ | |
21. | Elevations for all building facades. | √ | |
22. | The number of people to be housed or employed, number of visitors or patrons, anticipated vehicular and pedestrian traffic counts, and hours of operation. | √ | |
23. | Phasing of the project, including ultimate development proposals. | √ | |
24. | General description of deed restrictions and/or cross-access management easements, if any are required. | √ | |
25. | The name and address of the property owner. | √ | √ |
26. | Name(s) and address(es) of person(s) responsible for preparation of site plan drawings and supporting documentation. | √ | √ |
27. | Sealed/stamped drawings from a licensed architect, engineer, or landscaped architect. | √ | |
A.
The Planning Commission may waive any of the above required items at their discretion.
B.
A complete survey of the parcel(s) involved in the site plan shall be provided in addition to the site plan requirements.
C.
The Planning Commission, Zoning Administrator, or other party authorized by the Township may request any additional information deemed necessary in the review of submitted site plan.
D.
The applicant must supply evidence that they have submitted the plan to all affected jurisdictions, including but not limited to Berrien County Road Department, New Buffalo Township Water Department, Michigan Department of Transportation (MDOT), and the Michigan Department of Energy, Great Lakes, and Environment (EGLE) for review. If an applicable review is not submitted, statement of a date certain for submission or the reason why the review is not applicable must be provided.
E.
Ten sets of site plan drawings shall be submitted on sheets 24 inches by 36 inches and one electronic version in PDF format.
F.
Prior to the issuance of building permit for structures on or within 100 feet of floodplain areas, the Zoning Administrator shall require the applicant for such permit to submit an approved permit by Michigan Department of Energy, Great Lakes, and Environment, along with evidence of insurability, topographic data, engineering studies, proposed site plan and/or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water, and the potential for erosion or sedimentation of the bank adjacent to the floodplain. All technical data and reports shall be prepared by a registered professional civil engineer.
A.
Preapplication conference. An applicant shall be required to attend a preapplication conference with the Township Zoning Administrator to discuss in general the substantive requirements for the application prior to submittal.
B.
Conceptual review. After a preapplication conference, an applicant may submit an application for conceptual review before the Planning Commission prior to formal submittal of a site plan review application. The purpose is to gather feedback on the proposed land use and potential requirements of the Planning Commission. Feedback provided by the Planning Commission under a conceptual review is nonbinding, subject to change, and is not to be construed as a guarantee for approval. A conceptual review does not include a completeness or technical review by the Zoning Administrator.
C.
Completeness review. All required application materials shall be presented to the Zoning Administrator's office by the property owner or their designated agent at least seven days prior to the Planning Commission meeting where the site plan will be considered. The Zoning Administrator shall review the application for completeness in order to determine if the application has been properly submitted and the applicant has corrected all deficiencies. Completeness reviews are for the purpose of determining whether the preliminary information required for submission of the application is sufficient to allow further processing and shall not constitute a decision as to whether an application complies with the provisions of this chapter. Once deemed complete, the application will proceed to technical review as specified in Subsection D.
D.
Technical review. An application determined to be complete will undergo a technical review by the Zoning Administrator or Township designee to determine compliance with applicable standards. This review may include distributing the plan to other local agencies or departments with jurisdiction for comment on any problems the plans might pose and shall result in a report submitted to the Planning Commission with the site plan review application. Once the technical review is complete, the application will be placed on the next regularly scheduled Planning Commission meeting.
The Planning Commission shall review the application and make a determination to approve the site plan, approve the site plan with conditions, or deny the site plan approval.
A.
Administrative review. The Zoning Administrator may review and decide on a qualifying site plan review application. The Zoning Administrator shall perform the duties of the Planning Commission prescribed in this article when conducting an administrative review. No part of this subsection shall prohibit the Zoning Administrator or applicant from requesting the site plan be submitted to the Planning Commission for review and approval. A site plan review application qualifying for administrative review shall meet the following criteria:
B.
Planning Commission review. All other uses requiring a site plan shall be reviewed and decided upon by the Planning Commission.
C.
Approval. The site plan shall be approved upon determination that it is in compliance with the standards of this chapter, Township planning documents, other applicable ordinances, and state and federal statutes and regulations.
D.
Conditional approval. The Planning Commission may approve a site plan, subject to any conditions to address necessary modifications, obtain variances, or approvals from other agencies. Conditions imposed shall be:
(1)
Designed to protect natural resources; the health, safety, welfare, and social and economic well-being of those who will use the land use or activity under consideration; residents and landowners immediately adjacent to the proposed land use or activity; and the community as a whole.
(2)
Necessary to meet the intent and purpose of the zoning requirements; related to the standards established in the Zoning Ordinance for the land use or activity under consideration; and necessary to ensure compliance with those standards.
(3)
Consistent with the general purposes and spirit of this chapter and the Master Plan of New Buffalo Township.
E.
Denial. If the Planning Commission determines that a proposed site plan does not meet the standards of this chapter, or otherwise will tend to be injurious to the public health, safety, welfare, or orderly development of the Township, it shall deny the application by a written endorsement which clearly sets forth the reason for such denial.
Fees and performance guarantees associated with the review and approval of a site plan review application shall be consistent with the requirements in Article 10.
The Township shall keep a record of decisions on all site plans on file in the Clerk's Office. The record shall include the following information, as applicable:
A.
Minutes. All minutes from any meeting where the site plan was considered.
B.
Finding of fact. The decision on a site plan review shall be incorporated in a finding of fact relative to the land use under consideration and shall specify the basis for the decision and any conditions imposed.
C.
Final site plans. A full-size print set (24 inches by 36 inches) of the final site plans, stamped by a licensed architect, landscape architect, or civil engineer, shall be submitted to the building department, along with an electronic version in PDF format.
(1)
Approved site plans shall include any required revisions and the date of the revisions. The print set shall be marked "Approved" and signed and dated by the applicant and Planning Commission Chair if approved by the Planning Commission, or the Zoning Administrator if administratively approved.
(2)
Denied site plans shall be marked "Denied" and signed and dated by Planning Commission Chair if denied by the Planning Commission, or the Zoning Administrator if administratively denied.
D.
Development agreement. Upon approval of the site plan, the Planning Commission Chairperson shall sign three copies thereof. One signed copy shall be made a part of the Township's files; one copy of the site plan shall be forwarded to the Building Official for issuance of a building permit; and one copy shall be returned to the applicant. The development agreement and final site plan must be submitted by the applicant to the Berrien County Register of Deeds Office at his or her own expense. All special land use decisions shall be recorded consistent with the requirements of this § 455-6.8. with the addition that the development agreement and final site plans be recorded at the Berrien County Register of Deeds Office and evidence of the record by submitted to the Township Clerk within 45 days.
[Amended 5-23-2025 by Ord. No. 20250523A]
A.
Expiration. A site plan review approved under this article shall be valid for a period of one year from the date of approval. If the applicant fails to submit an application for a zoning permit to the Township for the approved site plan review in that time period, then the site plan review approval shall automatically expire. The applicant may request an extension of the permit by submitting a written request for consideration to the Planning Commission before the expiration date. The Planning Commission may grant an extension for a period of up to 24 months.
B.
Revocation. If a violation of any of the conditions or standards imposed on an approved site plan review is found to exist following inspection, the Zoning Administrator shall notify the owner of the premises, the applicant of the site plan review, and the Township Board that such violation exists and that the site plan review approval will be revoked within 15 days of such notification. If said violation is not corrected within 15 days, the Township Board may revoke the permit. A permit may be revoked upon any violation. Furthermore, such a violation is hereby declared a violation of this chapter, subject to all the remedies and penalties provided for within this chapter.
A previously approved site plan may be modified subject to the following procedures:
A.
Insignificant deviations. The Zoning Administrator may authorize insignificant deviations in an approved site plan if the resulting use will still meet all applicable standards and requirements of this chapter and any conditions imposed. A deviation is insignificant if the Zoning Administrator determines it will result in no discernible changes to or impact on neighboring properties, the general public, or those intended to occupy or use the proposed development and will not noticeably change or relocate the proposed improvements to the property. Insignificant deviations shall be limited to the following:
(1)
Reduction of the size of any building or sign.
(2)
Movement of buildings or signs by no more than 10 feet, unless near a bluff line.
(3)
Landscaping approved in the site plan that is replaced by similar landscaping to an equal or greater extent.
(4)
Changes in the building footprint that do not alter the character of the use or increase the amount of required parking.
(5)
Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.
(6)
Changes required or request by the Township Board, Berrien County, or other state or federal regulatory agency in order to conform to other laws or regulations.
B.
Minor amendments. The Planning Commission may permit minor amendments to an approved site plan if the resulting use will still meet all applicable standards and requirements of this chapter, and any conditions imposed unless otherwise requested to be modified, and do not substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, demand for public services, or vulnerability to hazards. The Planning Commission may make a decision on minor amendments upon receipt of an application. Minor amendments are those modifications the Zoning Administrator determines will have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development but exceed the extent to which can be approved as an insignificant deviation.
C.
Major amendments. All other requests for amendments to an approved site plan shall be processed in the same manner as a new application. The Planning Commission may impose new conditions on the approval of an amendment request if such conditions are warranted as described in this article. The holder of the original site plan approval may reject such additional conditions by withdrawing the request for an amendment and proceeding under the existing site plan approval.