City of Kalamazoo, MI Article 6 Zoning Standards: Overlay District Standards

§ 50-6.1 Overlay district requirements.

A. Applicability. Overlay districts are applied to parcels in addition to the base or underlying zoning district as mapped in the Zoning Map. Unless otherwise provided, an overlay zoning district shall include and be applicable to whole parcels and any parcels subsequently joined or combined with a parcel subject to any overlay zone regulations.

B. Intent. Overlay districts provide an additional set of requirements for the development and use of parcels with the overlay.

C. Conflict. If a conflict arises between the overlay district regulations and those of the base zoning district, the overlay district regulations control.

§ 50-6.2 Natural Features Protection Overlay standards.

A. Intent. The intent of the NFP Overlay District is as follows:

(1) To protect natural features in the City of Kalamazoo, specifically wetlands, water resources, trees, woodlands, floodplains, slopes, natural heritage areas, and habitat corridors.

(2) To guide site development, balancing growth and redevelopment with the protection of our existing natural features.

(3) To create site designs that are responsive to the existing natural features and minimize impacts to the extent possible.

B. Applicability. The NFP Overlay District standards apply as follows.

(1) The natural features standards are divided by defined natural feature. When a parcel is developed, redeveloped, or the natural feature is impacted due to any site alterations, the standards for all applicable natural features are applied.

(2) The site development standards shall be applied to all parcels in the NFP Overlay District.

(3) Overlay standards shall not eliminate the need to obtain a permit from the Michigan Department of Environmental Quality (MDEQ) or any other state, federal, or regional permitting agency, if required.

(4) Structures existing on the effective date of the ordinance creating the NFP Overlay District that do not meet the setbacks required in this article are permitted and may be altered or expanded provided that they do not increase the amount of their nonconformance with the standards in this article.

C. Natural feature standards: wetlands. A wetland is any area, regardless of parcel boundaries, that is characterized by the presence of water at a frequency and duration sufficient to support wetland vegetation or aquatic life, or otherwise defined in Part 303 of the NREPA..[1]

(1) Wetland determination. If any area on a parcel appears to be supporting wetland vegetation or is identified on the National Wetlands Inventory (NWI) map, one of the following is required.

(a) The area in question shall be treated as a wetland and the standards of this section apply.

(b) A wetland determination shall be completed by a qualified professional, such as a professional wetland scientist, to confirm whether the area in question is a wetland.

(2) Altering a wetland. Alteration to a wetland is prohibited except as allowed by the NREPA. A copy of any required permits obtained from the State to alter a wetland must be submitted to the City.

(3) Wetland setbacks. Setback distance is measured from the outer edge of wetland vegetation. Refer to Figure 6.2-1, Measuring Wetland and Water Resource Setbacks, and Figure 6.2-2, Setbacks Across Parcel Boundaries.

(a) The size of the wetland setback is based on the size of the parent parcel following the distances in Table 6.2-1, Wetland and Water Resources Setbacks.

Table 6.2-1 Wetland and Water Resources Setbacks
Size of Parent Parcel (acre)	Minimum Required Setback (feet)
Greater than 1	25
1/2 to 1	20
Less than 1/2	15

(b) Prohibited activities. The following activities are prohibited in the setback:

[1] Development activities, such as structures, impervious surfaces, parking, driveways, etc.

[2] New stormwater BMPs.

(c) Permitted activities. The following activities are permitted in the setback:

[1] Water and sewer lines, utility lines, bridge abutments or approaches, or semi-pervious, nonmotorized trailways, may be developed and maintained within a wetland setback with approval from all applicable local, state, and/or federal agencies.

[2] Restoration activities, such as planting with native vegetation with approval from all applicable local, state, and/or federal agencies.

[3] Mitigation activities required under the NREPA.

(4) Protection during construction. Appropriate erosion control measures must be used according to Chapter 30 of the Kalamazoo City Code.

[1] Editor's Note: See MCLA § 324.301.

D. Natural feature standards: water resources. A water resource is any lake, pond, or impoundment; a river, stream, or creek which may or may not be serving as a drain; or any other body of water that has defined banks, a bed, and visible evidence of a continued flow or continued occurrence of water, or as otherwise defined in Part 301 of the NREPA.[2]

(1) Altering a water resource. Alteration to a water resource is prohibited except as allowed by the NREPA. A copy of any required permits obtained from the state to alter a water resource must be submitted to the City.

(2) Water resource setbacks. Setback distance is measured from the ordinary high-water mark of all water resources, including when the water resource is located off the parcel but within the setback distance. Refer to Figure 6.2-1, Measuring Wetland and Water Resource Setbacks, and Figure 6.2-2, Setbacks Across Parcel Boundaries.[3]

(a) The size of the water resource setback is based on the size of the parent parcel following the distances in Table 6.2-1, Wetland and Water Resources Setbacks.[4]

[4] Editor's Note: Table 6.2-1 is included in Subsection C(3)(a).

(b) Prohibited activities. The following activities are prohibited in the setback:

[1] Development activities, such as structures, impervious surfaces, parking, driveways, etc.

[2] New stormwater BMPs.

(c) Permitted activities. The following activities are permitted in the setback:

[1] Up to 20% of the setback area may be developed with semipervious materials, such as paths or mowed turf grass.

[2] Water and sewer lines, utility lines, bridge abutments or approaches, or semi-pervious, nonmotorized trailways may be developed and maintained within a water resource setback with approval from all applicable local, state, and/or federal agencies.

[3] Disturbance to the bank or shoreline, as expressly allowed under state law, is permitted when a restoration plan is prepared by a qualified professional, such as a Michigan certified natural shoreline professional or professional engineer.

[4] Operation and maintenance of existing flood control facilities or stormwater BMPs.

[3] Editor's Note: Figures 6.2-1 and 6.2.2 are included in Subsection C(3).

(3) Required planting. The setback must contain natural vegetation, including a combination of trees, shrubs, grasses, and forbs to form a vegetated buffer in a riparian area. The vegetated buffer must meet one of the following:

(a) Where the bank or shoreline contains natural vegetation:

[1] Existing vegetation must remain undisturbed during and after construction activities.

[2] Supplemental planting or seeding is allowed when native species are used. Mowed turf grass does not qualify as natural vegetation.

[3] Removal of invasive species and/or dead or diseased woody species are allowed, if they are replaced according to the parameters in § 50-6.2D(3)(b)[3].

(b) Where the bank or shoreline is not covered in natural vegetation:

[1] A vegetated buffer must be planted and maintained in the setback.

[2] Soil preparation for planting is allowed with proper soil erosion controls.

[3] A diverse mix of appropriate native species is required, as follows.

[a] At least 12 different species must be planted.

[b] At least two species from each of the following plant types must be planted: shrubs, graminoids, and forbs. Refer to Table 6.2-2, Example Plants for Vegetated Buffers.

Table 6.2-2 Example Plants for Vegetated Buffers
Common Name	Scientific Name	Type
Silky dogwood	Cornus amomum	Shrub
Red osier, Red twig dogwood	Cornus stolonifera, sericea	Shrub
Common elderberry	Sambucus canadensis	Shrub
Atlantic ninebark	Physocarpus opulifolius	Shrub
Common winterberry	Ilex verticillata	Shrub
Northern spicebush	Lindera benzoin	Shrub
Highbush blueberry	Vaccinium corymbosum	Shrub
Gray dogwood	Cornus foemina, syn C. racemosa	Shrub
Steeplebush/meadowsweet	Spiraea alba	Shrub
Hardback/steeplebush	Spiraea tomentosa	Shrub
Lake sedge	Carex lacustris	Graminoid
Tussock sedge	Carex stricta	Graminoid
Bottlebrush sedge	Carex hystericina	Graminoid
Bebb's sedge	Carex bebbii	Graminoid
Common fox sedge	Carex vulpinoidea	Graminoid
Prairie cordgrass	Spartina pectinata	Graminoid
Dark-green bulrush	Scirpus atrovirens	Graminoid
Cottongrass bulrush/wool grass	Scirpus cyperinus	Graminoid
Bluejoint grass	Calamagrostis canadensis	Graminoid
Common rush	Juncus effusus	Graminoid
Wood reedgrass	Cinna arundineacea	Graminoid
Fowl mannagrass	Glyceria striata	Graminoid
New England American aster	Symphyotrichum novae-angliae	Forb
Flat-topped white aster	Doellingeria umbellate	Forb
Tall sunflower	Helianthus giganteus	Forb
Spotted joe-pye-weed	Eutrochium maculatum	Forb
White turtlehead	Chelone glabra	Forb
Canada anemone	Anemone canadensis	Forb
Common boneset	Eupatorium perfoliatum	Forb
Swamp milkweed	Asclepias incarnata	Forb
Cutleaf coneflower	Rudbeckia laciniata	Forb
Pin oak	Quercus palustris	Tree
Swamp white oak	Quercus bicolor	Tree
Black tupelo, Black gum	Nyssa sylvatica	Tree
Tamarack, American larch	Larix laricina	Tree

[c] Trees may be planted if appropriate to the site. Refer to Table 6.2-5, Replacement Tree List.[5]

[5] Editor's Note: Table 6.2-5 is included in Subsection F(4)(a)[3].

[4] Any combination of native seed mix, plant plugs, bare root trees or shrubs, and/or container plants, trees, or shrubs is permitted.

(c) Exceptions. The vegetated buffer is not required when a structure or parcel is being redeveloped unless the project increases the site's impervious coverage on the parcel by more than 10% or if the project is being conducted within 20 feet of the water resource setback.

(4) Protection during construction. Appropriate erosion control measures must be used according to Chapter 30 of the Kalamazoo City Code.

(5) Operation and maintenance agreement. The vegetated buffer must be included in the stormwater operation and maintenance agreement, if an agreement is required for the project.

[2] Editor's Note: See MCLA § 324.301.

E. Natural feature standards: floodplains. (Reserved)

F. Natural feature standards: trees. Trees that provide special value to the community or ecosystem are protected through the NFP Overlay District.

(1) Tree criteria. When trees meet any of the following criteria and are not counted as part of a woodland, the tree is considered a protected tree, and the standards of this overlay apply:

(a) Trees on the Protected Tree List in Table 6.2-4.

Table 6.2-4 Protected Tree List
Common Name	Scientific Name	DBH (inches)1
Ash	Fraxinus spp. (not culivars)	18
Basswood, linden	Tilia americana	18
Beech	Fagus spp.	18
Buckeye (Horsechestnut)	Aesculus spp.	18
Cherry, black	Prunus serotina	18
Elm, American	Ulmus americana	18
Elm, slippery	Ulmus rubra	18
Elm, winged	Ulmus alata	18
Fir	Abies spp.	18
Fir, Douglas	Pseudotsuga menziesii	18
Kentucky coffeetree	Gymnocladus dioicus	18
Maple, red	Acer rubrum	18
Maple, silver	Acer saccharinum	18
Maple, sugar	Acer saccharum	18
Pine, red	Pinus resinosa	18
Pine, white	Pinus strobus	18
Spruce	Picea spp.	18
Sycamore, American	Plantanus occidentalis	18
Tuliptree	Liriodendron tuliperifera	18
Walnut, black	Juglans nigra	18
Honey locust	Gleditsia triacanthos	16
Oak, black	Quercus velutina	16
Oak, bur	Quercus macrocarpa	16
Oak, northern red	Quercus rubra	16
Oak, white	Quercus alba	16
Arbor-vitae, Eastern white cedar	Thuja occidentalis	12
Birch	Betula spp.	12
Birch, river	Betula nigra	12
Cherry, flowering	Prunus spp.	12
Eastern hemlock	Tsuga canadensis	12
Hickory, bitternut	Carya cordiformis	12
Hickory, pignut	Carya glabra	12
Hickory, shagbark	Carya ovata	12
Hickory, shellbark	Carya laciniosa	12
Oak, chinkapin	Quercus muehlbergii	12
Oak, northern pin	Quercus ellipsoidalis	12
Oak, swamp white	Quercus bicolor	12
Persimmon	Diospyros virginiana	12
Poplar	Populus spp.	12
Sassafras	Sassafras albidum	12
Sweet gum	Liquidambar styraciflua	12
Willow	Salix spp.	12
American chestnut	Castanea dentata	8
Black tupelo, Black gum	Nyssa sylvatica	8
Butternut	Juglans cinerea	8
Cedar, eastern red	Juniperus virginiana	8
Hackberry	Celtis occidentalis	8
Larch/tamarack	Larix laricina	8
Maple, mountain/striped	Acer spicatum/pensylvanicum	8
American hophornbeam	Ostrya virginiana	4
American hornbeam, Blue beech	Carpinus caroliniana	4
Dogwood, flowering	Cornus florida (native only)	4
Pagoda dogwood	Cornus alternifolia	4
Dwarf hackberry	Celtis tenuifolia	4
Eastern redbud	Cercis canadensis	4
Pawpaw	Asimina triloba	4
Serviceberry	Amelanchier spp.	4

NOTES:
1	Tree species with DBH greater than or equal to the values in this column of the table require replacement with any species on the Replacement Tree List if removed for construction/development.
2	Gray highlight = Tree species must be replaced with a different species from the Replacement Tree List.

(b) Any tree larger than 24 inches DBH.

(2) Tree protection. Protected trees and their CRZ shall be protected during site development and construction.

(a) Disturbance. No disturbance is allowed within a CRZ, except as follows:

[1] Fences are permitted when they meet all other applicable zoning standards.

[2] Management of other protected trees or woodlands with a plan by a qualified professional, such as an International Society of Arboriculture (ISA) certified arborist.

(b) Protection during construction. The CRZ of protected trees shall be protected following the standards of § 50-6.2K(8), Protection during construction.

(3) Protected tree removal. Protected trees may be removed in the following circumstances:

(a) The protected tree is located such that it impedes access to the site or prevents utility connection, or prevents the use of a property for its zoned purpose.

(b) There is clear evidence that a protected tree is diseased, dying, or has sustained substantial damage prior to site work.

(c) Location of the protected tree presents a threat to the structural integrity of an existing structure or infrastructure.

(4) Replacement. Any protected tree which is removed from a parcel as part of a development project that requires site plan review must be replaced at a ratio of 1:1, where for every protected tree removed a tree must be planted as follows:

(a) Replacement trees shall be selected from the Replacement Tree List in Table 6.2-5. Site context and site condition should be taken into consideration when selecting a replacement tree.

Table 6.2-5 Replacement Tree List
Common Name	Scientific Name	Condition Code
Basswood, Linden*	Tilia americana	Cs
American chestnut	Castanea dentata (hybrid)	Cr, F, Cul
American hophornbeam*	Ostrya virginiana	P, Cr
American hornbeam, Blue beech*	Carpinus caroliniana	Cr, P
Arborvitae, eastern white cedar	Thuja occidentalis	Cv, Cs
Birch	Betula spp.	Cv
Birch, river	Betula nigra	P, Ri
Black tupelo, Black gum*	Nyssa sylvatica	Cr, Ri
Cedar, eastern red*	Juniperus virginiana	Cr, P
Cherry, wild black*	Prunus serotina
Cherry, flowering	Prunus spp.
Dogwood, flowering*	Cornus florida (native only)	Cr
Eastern redbud	Cercis canadensis	Cr, P
Elm, American	Ulmus americana (resistant variety)	Cul, Cs
Elm, slippery	Ulmus rubra
Hackberry*	Celtis occidentalis	Cr
Hickory, bitternut*	Carya cordiformis	Cr, F, Ri, Cs
Hickory, pignut*	Carya glabra	Cr, F, Cs
Hickory, shagbark*	Carya ovata	Cr, F, Cs
Hickory, shellbark*	Carya laciniosa	F, Ri, Sc
Honey locust	Gleditsia triacanthos	Cr
Kentucky coffeetree*	Gymnocladus dioicus	Cr
Larch/tamarack*	Larix laricina	Ri, Cs
Maple, red	Acer rubrum	Cv, Cs
Maple, sugar	Acer saccharum	Cv, Cul
Oak, black*	Quercus velutina	Cr, Cs
Oak, bur*	Quercus macrocarpa	Cr, Cul, Cs
Oak, chinquapin*	Quercus muehlenbergii	Cr, Cs
Oak, pin*	Quercus palustris	Cr, Ri, Cs
Oak, northern red*	Quercus rubra	Cr, Sc
Oak, swamp white*	Quercus bicolor	Cr, Ri, Cs
Oak, white*	Quercus alba	Cr, Cul, Cs
Pawpaw	Asimina triloba	Cr, F
Persimmon	Diospyros virginiana	Cr, F
Pine, red	Pinus resinosa
Pine, white	Pinus strobus
Sassafras	Sassafras albidum
Serviceberry*	Amelanchier spp.	P, F
Sycamore, American*	Plantanus occidentalis	Cr
Tuliptree*	Liriodendron tuliperifera	Cr, Cs
Willow, black	Salix nigra	Ri
Pecan tree	Carya illinoinensis
Sweetgum tree	Liquidambar styraciflua
Oak, post	Quercus stellata

NOTES:
1	Condition Codes:
Prohibited = Species not to be used as replacement tree.
Cr = Climate resilient
Cs = Carbon sequestration
Cul = Culturally significant
F = Food source
P = Suitable for parking lots and roadways
Ri = Suitable for riparian/wet plantings
Cv = Climate vulnerable
*	Denotes species where one-inch caliper tree may be substituted when Wild-Type is planted (full credit for two-inch caliper applies)

(b) Replacement trees shall be located as follows:

[1] Replacement trees shall be located on the site from which they are removed.

[2] The NFP Review Board can approve alternative locations if on-site replacement is not possible, provided that the alternative is within the City of Kalamazoo.

[3] Replacement trees cannot be located within a parking lot.

G. Natural feature standards: woodlands. Woodlands provide important ecosystem services and habitat corridors and are protected by the NFP Overlay District.

(1) Woodland criteria. When trees located on a parcel meet the following criteria, the area shall be considered a woodland and the standards of this overlay apply:

(a) Minimum area. Trees cover a minimum area of 21,780 square feet or a half acre, regardless of parcel boundaries. Refer to Figure 6.2-3, Defining and Delineating a Woodland.

(b) Tree count. The area contains the equivalent of at least 40 trees per acre of at least two inches DBH and reach or at maturity will reach at least 50 feet in height.

(c) Natural ground cover. No more than 25% of the ground area is mowed turf grass.

(d) Understory. The area contains a layering of shorter understory trees and/or shrubs and forbs.

(2) Woodland delineation and assessment. Refer to Figure 6.2-3, Defining and Delineating a Woodland. Existing woodland coverage on the parcel shall be delineated and assessed as follows:

(a) Gaps. Areas without trees or that have sparse trees are common within a woodland and should be included in area and density measurements except when the gap is larger than 8,000 square feet.

(b) Woodland assessment tools. A woodland must be assessed using a basal area, woodland ecosystem assessment, or tree survey conducted by a qualified professional, such as an ISA certified arborist.

(3) Woodland protection. For areas meeting the definition of a woodland, a portion of the woodland on the parcel must be preserved as follows:

(a) Woodland preservation minimums. Woodlands shall be preserved following the coverage requirements in Table 6.2-3, Woodland Preservation.

Table 6.2-3 Woodland Preservation
Woodland Coverage of Parent Parcel	Minimum Required Woodland Coverage to be Preserved
75% to 100%	25%
50% up to 75%	50%
25% up to 50%	75%
Less than 25%	90%

(b) Criteria for woodland preservation. In determining which areas of a woodland are to be preserved, the following priorities shall be applied:

[1] Woodlands contiguous to woodlands on adjacent parcels or areas serving as habitat corridors.

[2] Woodlands on or adjacent to another natural feature(s), floodplain, or a publicly accessible open space.

[3] Woodlands in the best condition as determined by a qualified professional, such as an ISA certified arborist, and based upon the basal area score or another woodland ecosystem assessment.

[4] Woodlands with older growth, higher DBH trees, or trees noted in Table 6.2-4, Special Status Tree List, and Table 6.2-5, Replacement Trees List.[6]

[6] Editor's Note: Table 6.2-4 is included in Subsection F(1)(a), and Table 6.2-5 is included in Subsection F(4)(a)[3].

(4) Prohibited activities.

(a) Disturbance. No disturbance is allowed within a woodland preserved area, the boundary of which is defined by the CRZ of trees along its edges, except for the following activities.

[1] Fences are permitted when they meet all other applicable zoning standards.

[2] Management of the woodland vegetation with a plan by a qualified professional, such as an ISA certified arborist.

(b) Stormwater. No new stormwater BMPs within the CRZ.

(5) Permitted activities. Operation and maintenance of public utilities is permitted within the CRZ. Directional boring shall be used whenever possible.

(6) Construction protection. Woodlands trees and their CRZ shall be protected during site construction following the standards of § 50-6.2K(8), Protection during construction.

H. Natural feature standards: slopes. Slopes associated with water resources and other natural features are protected by the NFP Overlay District.

(1) Slope criteria. Slopes protected by the NFP Overlay District are those with a grade of 20% or greater and meet at least one of the following:

(a) Slope face contains a woodland: Refer to § 50-6.2G.

(b) Slope face contains natural heritage area: Refer to § 50-6.2I.

(c) Any portion of the slope face is within 500 feet of a wetland or water resource: Refer to §§ 50-6.2C and 50-6.2D.

(d) Any portion of the slope face extends onto adjacent parcels.

(2) Slope determination. If any area on a parcel appears to meet the slope criteria, one of the following is required:

(a) A slope analysis by a professional is not completed and the area is assumed to meet the slope criteria; the standards of this overlay are applied.

(b) A slope analysis shall be completed by a licensed surveyor, licensed professional engineer, or a geologist certified by the American Institute of Professional Geoscientists (AIPG) following all acceptable practices to determine whether any part of the slope face meets the slope criteria.

(3) Slope protection. Slopes shall be maintained and protected as follows:

(a) Setbacks. A setback is required from the top of slope and the toe of slope equal to half the height of the slope, regardless of whether or not the entire slope is contained within the parcel, or 10 feet, whichever is greater. Refer to Figure 6.2-4, Slope Setbacks.

(b) Permitted activities in the setbacks. Setback areas from the top or toe of slope shall remain undisturbed except as follows:

[1] Any work necessary to maintain the stability of the slope.

[2] Restoration and management of other natural features, provided that they meet the requirements of this overlay.

[3] Fences are permitted when they meet all other applicable zoning standards.

[4] Normal maintenance that does not disturb existing terrain.

[5] Maintenance of existing impervious surfaces and structures.

[6] In addition to the requirements in § 50-6.2B(4), existing structures located in the setback may be expanded up to 25% of the existing building footprint as follows:

[a] The expansion does not disturb the slope face.

[b] Ground disturbance is the minimum needed for the expansion.

(c) Permitted activities in the slope face. The slope face shall remain undisturbed except as follows:

[1] Any work necessary to maintain the stability of the slope face, including the top and toe of slope.

[2] Restoration and management of other natural features, provided that they meet the requirements of this overlay.

[3] Normal maintenance that does not disturb existing terrain.

[4] Maintenance of existing impervious surfaces and structures.

[5] In addition to the requirements in § 50-6.2B(4), existing structures where a portion of the structure is in the slope face may be expanded up to 25% of the existing building footprint as follows:

[a] The expansion can only occur on slopes with a grade of 30% or less.

[b] Expansion in the slope face is limited to no more than 15% of the existing building footprint.

[c] Ground disturbance is the minimum needed for expansion.

(d) Prohibited activities. The following activities are prohibited:

[1] Surface water shall not be directed toward any slope regulated by this overlay.

[2] Stormwater BMPs are not permitted within the slope face or the setbacks, including storm sewer outlets.

[3] No new underground utilities may be placed within the slope face or setbacks.

(e) Construction protection. The slope face and setbacks shall be protected during site development and construction following the standards of § 50-6.2K(8), Protection during construction.

I. Natural feature standards: natural heritage areas. Rare species and remnants of historically and culturally significant ecosystems are protected by the NFP Overlay District.

(1) Natural heritage area criteria. A natural heritage area is defined by the presence of either of the following:

(a) Any species considered to be rare, threatened, or endangered by the State of Michigan, federal government, or listed on the Michigan Natural Features Inventory (MNFI) Database.

(b) Any remnant of a natural community listed on the MNFI Michigan's Natural Communities List.

(2) Determination of natural heritage area. The MNFI Natural Heritage Database shall be used to determine if any rare species have been located within a two-mile radius of the parcel.

(3) On-site survey. When a database search indicates a rare species has been identified within two miles of the parcel, an on-site survey shall be conducted. The survey must be conducted by a consultant with a Michigan endangered species permit or another qualified professional approved by the City Planner

(4) Natural heritage area protection. If the on-site survey confirms that a natural heritage area exists on the parcel, all state and federal protections and/or mitigation activities must be followed. A copy of any required permit obtained from a state or federal agency must be submitted to the City.

J. Site development standards. The following standards apply to all properties within the NFP Overlay District:

(1) Building setbacks. When a conflict exists between meeting the NFP standards in § 50-6.2C through J and the required placement of structures, the setbacks or built-to zones or lines may be adjusted to eliminate or reduce the conflict provided that the adjustment is the minimum required to meet the NFP standards.

(2) Use. In addition to the uses permitted in the base zoning district, the following apply:

(a) Ten-year time-of-travel use restrictions in Chapter 39, Wellhead Protection, apply within 300 feet of a wetland or water resource.

(b) One-year time-of-travel use restrictions in Chapter 39, Wellhead Protection, apply within 500 feet of a wetland or water resource.

(3) Lot coverage. Areas designated to meet the lot coverage requirement of the base zoning district shall be located as follows:

(a) Contiguous. Areas required to be left as pervious shall be located in one contiguous area or clustered into areas that each equal at least 20% of the total pervious area.

(b) Adjacent to natural features. Pervious areas shall be located adjacent to existing natural features on the site(s).

(4) Landscape and screening. Additional landscape and screening activities apply within the NFP Overlay District.

(a) Relief. A reduction in a parcel's required building perimeter, parking lot, loading zone, perimeter screening, or interior landscaping requirements (Refer to Article 8, Landscaping and Screening.) may be permitted to eliminate conflicts with meeting the requirements of § 50-6.2, Natural Features Protection Overlay standards.

[1] Relief shall be the minimum required to meet the NFP standards.

[2] Landscaping serving as a buffer between residential and nonresidential uses and between a vehicular parking lot and a street shall not be reduced.

(b) Plant selection. Native species must be used for all site landscaping required under Appendix A, § 6.2, Landscaping and Open Space, or required elsewhere in Chapter 50. When additional landscaping is proposed on the site plan beyond the minimum requirements of Chapter 50, the NFP Review Board may allow the use of nonnative, noninvasive species which have been determined not to cause adverse environmental impacts. Plants in Table 6.2-6, Prohibited Planting List, or species recognized by the Midwest Invasive Species Network as nonnative invasive shall not be planted on any portion of a parcel.

Table 6.2-6 Prohibited Planting List
Common Name	Scientific Name
Trees
Norway maple	Acer platanoides
Tree-of-heaven	Ailanthus altissima
Silktree	Albizia julibrissin
Russian olive	Elaeagnus angustifolia
Black locust	Robinia pseudoacacia
Siberian elm	Ulmus pumila
Callery pear	Pyrus calleryana
Princess tree	Paulownia tomentosa
Black alder	Alnus glutinosa
Shrubs
Japanese barberry	Berberis thunbergii
Common barberry	Berberis vulgaris
Autumn olive	Elaeagnus umbellata
Glossy buckthorn	Frangula alnus
Common or european privet	Ligustrum vulgare
Showy fly honeysuckle (or hybrid)	Lonicera x. bella
Amur honeysuckle	Lonicera maackii
Morrow honeysuckle	Lonicera morrowii
Tatarian honeysuckle	Lonicera tatarica
Common buckthorn	Rhamnus cathartica
Multiflora rose	Rosa multiflora
Japanese meadowsweet	Spiraea japonica
European cranberrybush	Viburnum opulus
Vines
Asian bittersweet	Celastrus orbiculatus
Black swallow-wort	Cynanchum louiseae
European swallow-wort	Cynanchum rossicum
English ivy	Hedera helix
Japanese honeysuckle	Lonicera japonica
Mile-a-minute weed	Persicaria perfoliate
Kudzu	Pueraria montana
Grasses
Reed canary grass	Phalaris arundinacea
Common reed	Phragmites australis
Japanese stiltgrass	Microstegium vimineum
Herbs
Garlic mustard	Alliaria petiolata
Spotted knapweed	Centaurea biebersteinii or C. maculata
Canada thistle	Cirsium arvense
Bull thistle	Cirsium vulgare
Leafy spurge	Euphorbia esula
Dame's rocket	Hesperis matronalis
Creeping jenny or moneywort	Lysimachia nummularia
Purple loosestrife	Lythrum salicaria
Japanese knotweed	Polygonum cuspidatum
Giant knotweed	Polygonum sachalinense
Crown vetch	Securigera varia
Baby's breath	Gypsophila paniculate
Goutweed	Aegopodium podagraria
Lesser celandine	Ficaria verna
Moneyplant	Lunaria annua
Sweet woodruff	Galium odoratum
Sweet clovers	Melilotus spp.
Aquatic Plants
	Euonymus fortune
	E. euopaeus
	E. alata
	Miscanthus sp.

(c) Existing vegetation. When a parcel's existing vegetation is being preserved and utilized to meet landscaping requirements in Appendix A, § 6.2, Landscaping and Open Spaces, the following apply:

[1] Existing nonnative plants must be contained within the planting areas.

[2] Existing invasive plants must be removed. Refer to Midwest Invasive Species Network or Table 6.2-6, Prohibited Planting List.

(5) Lighted signs. Internally illuminated, automatic changeable copy, and blinking and/or flashing lighted signs are not permitted within 300 feet of a preserve.

(6) Stormwater management criteria. Refer to the City of Kalamazoo Performance Standards for Groundwater Protection within Wellhead Protection Capture Zones for additional information and definitions.

(a) Channel protection performance standard. Parcels 1/2 acre or greater shall maintain the post-development project site runoff volume and peak flow rate at or below predevelopment levels for all storms up to the ten-year, twenty-four-hour event.

(b) Water quality treatment runoff volume standard. The first one inch of runoff generated from the entire parcel must be treated using one of the following:

[1] Multiple methods. Two or more BMPs shall be utilized with at least 25% of the required runoff volume treated by BMPs from the Low Impact Development Manual for Michigan, Table 7.1 BMP Matrix Table from Runoff Volume/Infiltration and Runoff Volume/Non-infiltration Categories.

[2] Underground methods. All required runoff shall be treated by underground detention or infiltration BMPs.

[3] Noninfiltration methods. Sites requiring noninfiltration BMPs, such as those with contamination or within Chapter 39, Wellhead Protection, use BMPs from Low Impact Development Manual for Michigan, Table 7.1 BMP Matrix Table, Runoff Quality/Non-infiltration Category.

(c) Maintenance agreement. A stormwater operation and maintenance agreement is required by and between the City of Kalamazoo and the owner of the property when stormwater BMPs are used.

(d) Exceptions. Development or redevelopment of a detached unit home or duplex is exempt from these stormwater standards.

(7) Fill materials. Use of fill material containing regulated substances above any state and/or federal cleanup criteria for soils is prohibited. Fill material shall be sourced as follows:

(a) Fill material shall not be sourced from industrial or commercial sites where hazardous materials were used, handled, or stored or from unpaved parking areas.

(b) Fill material shall not be sourced from sites that contain species that are legally designated by the State of Michigan as prohibited or restricted.

(8) Protection during construction. A temporary construction fence is required to protect natural features and not-to-be disturbed areas, such as those designated to meet pervious lot coverage requirements, during the duration of any site work or construction.

(a) Fence construction. Construction fences shall be erected as follows:

[1] Fencing must be built using posts six feet in height, spaced no more than eight feet apart on center and buried at least two feet below grade.

[2] Fence must have two cross beams placed approximately at two and six feet above grade.

[3] Plastic mesh barrier fence shall be affixed to the front of the posts.

(b) Fence placement. Refer to Figure 6.2-5, Placement of Construction Fencing. Fencing shall be located no closer than the required setback or edge of a not-to-be disturbed area.

[1] Where a tree is located in the setback or not-to-be disturbed area, the fencing shall be placed to protect the CRZ. Refer to Figure 6.2-5, Placement of Construction Fencing.

[2] Trees and woodlands protected through §§ 50-6.2F and 50-6.2G shall have construction fencing placed outside of the CRZ.

(c) Prohibited activities. The following activities are prohibited within the construction fencing:

[1] Spreading of soil spoils.

[2] Heavy equipment and vehicle traffic.

[3] Storage of construction materials and debris.

[4] Site grading changes that increase or decrease the moisture conditions within a CRZ on a temporary or permanent basis.

K. NFP review bodies and processes. Projects located in the NFP Overlay District require special review.

(1) Project review. Review of projects in the NFP Overlay District shall occur as follows:

(a) Where site plan is not required. Administrative review of the site development or construction permit request shall be completed by the City Planner or designee.

(b) Where site plan is required. The NFP Review Board shall review the NFP Plan in conjunction with the site plan review process. NFP Review Board approval is required for a project to achieve site plan approval.

(c) Where site plan is required and a zoning review from the Planning Commission is requested and/or Zoning Board of Appeals is requested or the site is located within 100 feet of a wetland or water resource or adjacent to land publicly used for open space or recreation, the following shall occur prior to review by the NFP Review Board.

[1] Owner or developer shall send notice by first class postage paid of a project in the NFP Overlay District to all property owners and occupants within 300 feet of the parcel and the neighborhood association or contact.

[2] Notice shall at a minimum include information on the proposed project, a location (physical or digital) where plans can be reviewed, instructions on how to provide comments, and a timeline for project review and construction.

[3] Notice shall be postmarked a minimum of 14 days before application is made for review by the NFP Review Board.

(2) NFP Review Board. A board will be formed to review projects in the NFP Overlay District.

(a) Intent. The NFP Review Board will review projects to ensure the standards of the NFP Overlay District are met and assist the City with regular review of the NFP standards, map, outreach, and City-wide education.

(b) NFP Review Board members.

[1] Board will be comprised of seven members.

[2] Members will be those who live or work in the greater Kalamazoo community.

[3] At a minimum, the Board must have at least one member with education or experience in each of the following features in this chapter:

[a] Water resources/wetlands;

[b] Plants/trees;

[c] Slopes; and

[d] Site development/building construction.

[4] Board members are to be appointed by the Mayor and approved by the City Commission.

[5] A City staff will be appointed by the City Planner to be the Board's liaison.

(c) The NFP Review Board is subject to the Open Meetings Act, MCLA § 15.261 et seq., and shall establish its own bylaws and meeting procedures.

(3) Relief from NFP Overlay District standards. Relief from the NFP Overlay District standards may be sought from the Zoning Board of Appeals.

(a) Criteria. Relief from the NFP Overlay District Standards in § 50-6.2 may be granted when all the following conditions are met.

[1] The parcel cannot be reasonably utilized for its zoned use without the requested relief.

[2] The extent of relief requested is the minimum needed to permit reasonable utilization of the site.

[3] It is demonstrated that the relief requested will not substantially impair the intent and the purpose of the NFP Overlay District.

[4] The requested relief is balanced by the use of conservation and/or green development tools and actions, such as utilizing stormwater BMPs from the Michigan Low Impact Development Manual that promote infiltration, restoration or expansion of a natural feature on the site, or use of wild-type native plants or desired trees as detailed in Table 6.2-5, Replacement Tree List.[7]

[7] Editor's Note: Table 6.2-5 is included in Subsection F(4)(a)[3].

(b) Process. The following process shall be followed when relief is sought from § 50.6-2, Natural Features Protection Overlay Standards.

[1] NFP Review Board shall review the request using the NFP site plan documentation and make a recommendation on the requested relief to the Zoning Board of Appeals.

[2] Application for relief from the Zoning Board of Appeals must include the NFP Review Board's recommendation.

L. Bonding of projects.

(1) Intent. To ensure the protection of natural features, a financial assurance will be required when seeking site development permits for a lot or structure from the City of Kalamazoo.

(2) Applicability. During the review and approval of all NFP site plans, the NFP Review Board will determine whether a bond or lien is required for NFP projects based on:

(a) Whether natural features are present on the site such that the cost of replacement or restoration if damaged or destroyed during construction would place an undue burden on the City if not remedied in a reasonable time frame.

(b) The activities proposed on the site present a reasonable threat of damaging or destroying natural features.

(3) Financial assurance amount. The amount of the assurance shall be in an amount satisfactory to the City to restore and/or stabilize a natural feature that has been disturbed, not properly managed during site work or construction, or has been abandoned for more than six months.

(4) Release of financial assurance. The assurance shall be released when a certificate of occupancy is granted. Except when a project includes a vegetated buffer or required tree planting where the assurance may be reduced by 60% at the time of the certificate of occupancy is granted with the remaining percentage released no sooner than three years after the granting of the certificate of occupancy.

M. Violation and penalty. A violation of the provisions of this chapter is a municipal civil infraction punishable as follows:

(1) Any person, firm, or corporation violating any provision of this article is responsible for a municipal civil infraction and shall be fined up to $2,500 for each violation. A civil infraction citation for a violation of this article may be issued by the Building Official, or by such person as the City Commission or City Manager may designate.

(2) Each day a violation exists or continues shall be deemed as a separate offense.

(3) Once a violation notice is issued, the responsible party must appear within 60 days before the NFP Review Board, who shall determine whether the proposed remediation of the violation is in alignment with best environmental practices and the standards of this article.

(4) Any person, firm, or corporation found responsible for a subsequent violation of this chapter within two years of having been found or admitted responsible for a violation of this chapter shall be responsible for a civil fine of up to $5,000.

(5) Imposition of court-imposed costs.

(6) Issuance of an order by the court to replace, mitigate, or restore a natural feature damaged or destroyed by a violation.

§ 50-6.3 Planned Unit Development (PUD) Overlay.

A. Intent The Planned Unit Development (PUD) Overlay District is intended to promote the following:

(1) Consistency with the City's Master Plan.

(2) Development that can be conveniently, efficiently, and economically served by existing and planned utilities and services.

(3) Design flexibility that results in greater public benefits than could be achieved using conventional district regulations.

(4) Preservation of environmental and historic resources.

(5) A mix of attractive and functional residential and nonresidential developments that are compatible with surrounding development.

B. General provisions. The development standards of a PUD are detailed in the PUD plan and PUD agreement that are approved at the time of the Planned Unit Development (PUD) Overlay District designation.

C. Planned Unit Development Overlay District considerations. A Planned Unit Development Overlay District may be considered when the following criteria are met:

(1) Minimum land area. PUDs must meet the following minimum land are requirements:

(a) A PUD proposed to contain only residential and related land uses must be located on a minimum of five contiguous acres or a contiguous City block, if less than five acres.

(b) A PUD proposed to contain commercial uses or a mix of commercial and residential uses does not have a minimum land area to be designated with the PUD Overlay District.

(2) Unified ownership or control.

(a) A PUD proposed to contain only residential and related land uses must have the title to all land that is part of the proposed PUD development containing only residential and related land uses must be owned or controlled by one person at the time of application and approval. A person will be considered to control all lands in the proposed PUD District either through ownership or by written consent of all owners of land.

(b) A PUD proposed to contain commercial uses or a mix of commercial and residential uses does not need to be owned or controlled by one person at the time of application and approval.

(3) Developer's statement. The developer's statement must include the following:

(a) A comparison of the proposed development with the standards of the underlying district and the otherwise applicable standards of this chapter with justification for deviation from the underlaying or otherwise applicable standards.

(b) A statement describing how the proposed development provides greater benefits to the City and adjacent neighborhood(s) than would development following the underlying district regulations.

(4) Standards and procedures. All standards and procedures in Appendix A, § 8.3C, Planned Unit Development Overlay Zone District, can be met with the proposed development.

(5) Additional design requirements: building design and site development standards beyond the requirements of the underlying zoning district that the City requires to ensure that the proposed planned unit development is compatible with the adjacent neighborhood, street network, and environment.

(6) Demonstrated benefit. The proposed PUD is determined by the City to result in a greater benefit to the City and adjacent neighborhood(s) than would development following the underlying district regulations.