[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 12-13-1999 by Ord. No. 280. Amendments noted where
applicable.]
The intent of this section is to create a visual
cohesiveness and unity for the commercial frontage through enhancement
of building facades and streetscape improvements; to eliminate the
effect of blighting influences which detract from the appearance and
marketability of the district and negatively affect the image of the
Township; to enhance the economic viability of the businesses in the
district; to encourage additional private investment in the business
district; and to create a physical environment, image, and "sense
of place" which will encourage additional retail and commercial activity
in the district.
A.
This chapter applies to all lots, sites, parcels and uses which are developed, expanded, or changed following the effective date of this chapter that exist within the Macomb Street District Zoning District. Any preexisting condition not in conformance with the standards and regulations of this chapter shall be eliminated within 45 days. Failure to do so shall result in a municipal civil infractions ticket being issued (see § 150-10, Penalty).
B.
The landscaping requirements shall be met prior to
the issuance of a certificate of occupancy and shall be continuously
maintained in a sound, healthy, and vigorous growing condition.
C.
The requirements set forth herein are minimum requirements,
and nothing herein shall preclude the applicant and the Township from
agreeing to more extensive landscaping.
D.
Creativity in landscape design is encouraged but must
be consistent with the Downtown Development Authority plan adopted
by Township Board, as a component element of the Downtown Development
Authority's tax increment financing and development plan, of
June 14, 1999, which identifies a series of projects to achieve the
above-stated goals.
It is the intent of this section to protect
the natural resources of the community by requiring a Township permit
to be issued by the Department of Community Development prior to the
start of construction or modification to land areas.
All developed portions of a site requiring site
plan approval shall conform to the general landscaping standards as
outlined in the Downtown Development Authority's approved landscape
plan for the Macomb Street District dated June 14, 1999, and as may
be amended (see exhibit attached[1]).
[1]
Editor's Note: The diagrams which accompany
this ordinance are included at the end of the chapter.
Maintenance is an important concern to all living things, particularly plant materials in their first year of establishment. To ensure that newly planted vegetation survives and serves the purpose of the chapter and to be neat, healthy and orderly, and that the individual shall comply with the maintenance standards as found in Article 13, § 285-13.4D, entitled "Installation and maintenance," of Chapter 285, Zoning.
A.
The Downtown Development Authority in its capacity
of overseeing the development of the Macomb Street corridor area has
approved a landscaping amenities plan adopted by the Township Board
on June 14, 1999, and as may be amended (see exhibit attached). All
landscaping within the right-of-way must meet with the approval of
this plan. Variations to this plan must be approved by the Downtown
Development Authority.
B.
Required trees and shrubs may be planted at uniform
intervals, at random, or in groupings, depending on the designer's
desired visual effect and the intent of the Township to coordinate
landscaping on adjacent properties.
A.
The Planning Commission may reduce or modify the location
of the landscape requirements for development plan reviews under its
jurisdiction based upon a determination that the landscaping required
will not be necessary or effective in meeting the intent of this chapter.
In making such a determination, the following shall be considered:
(1)
Topographic features or other unique features of the
site create conditions such that strict application of the landscape
regulations would result in a less effective screen than an alternative
landscape design.
(2)
Parking, vehicular circulation, or existing or planned
land use are such that required landscaping would not enhance the
site or result in the desired screening effect.
(3)
The public benefit intended by the landscape regulations
could be better achieved with a plan that varies from the strict requirements
of the chapter.
(4)
The intent to comply with the standards has been demonstrated
by the applicant with alternatives considered by the applicant prior
to the Planning Commission consideration of modification to requirements.
B.
The following regulations shall apply to existing
plant material:
(1)
Utilization of existing elements in the landscape
design. In instances where healthy plant material exists on a site
prior to its development, the Planning Commission may permit substitution
of such plant material in place of the requirements set forth previously
in this section, provided such substitution is in keeping with the
spirit and intent of the chapter. Existing hedges, berms, walls, or
other landscape elements may be used to satisfy the requirements set
forth previously, provided that such existing elements are in conformance
with the requirements of this section.
(2)
Preservation of existing plant material. Site plans shall show all existing trees which are located in the portions of the site that will be built upon or otherwise altered, and are six inches or greater in diameter at breast height (dbh). Trees shall be labeled "To Be Removed" or "To Be Saved" on the site plan. Removal of trees shall be undertaken in compliance with Chapter 282, Woodland and Tree Preservation. If existing plant material is labeled "To Be Saved" on the site plan, the protective measures outlined in Chapter 282 shall be complied with.
C.
In the event that healthy plant materials which are intended to meet the requirements of this chapter are cut down, damaged, or destroyed during construction or modification, said plant material shall be replaced in accordance with the requirements of Chapter 282. An occupancy permit shall not be issued until the applicant has documented compliance with this requirement.
A permit is required for landscaping in the
right-of-way and is to be issued by the Department of Community Development.
Two copies of the permit application, site plan, and one copy of the
license (when applicable) are to be included when submitting an application
for review.
B.
The defendant is responsible to remove from the right-of-way
abutting the defendant's property or from the defendant's
property at the defendant's cost any item in violation of the
terms of the chapter and, upon failure to do so, the Township shall
request that the District Court enter an order enforcing the terms
of this chapter by requiring the removal of the item under the terms
of this chapter and to assess any costs involved for the removal of
said item against the defendant and/or the property involved, and
further ordering that, if the defendant fails to comply, the Township
or its agents may remove any item prohibited by this chapter and have
the costs charged against the defendant.
