Zoneomics Logo
search icon

Berlin Charter Township
City Zoning Code

ARTICLE XII

SITE DESIGN STANDARDS

Sec. 18-261.- Intent.

The intent of this article is to promote the public health, safety, and welfare, and improve the site design and visual appearance of the township by requiring consistent standards for such site elements as landscaping, waste receptacles, equipment screening, noise barriers, and lighting.

(Ord. No. 01-20, § 18.261, 2-10-20)

Sec. 18-262. - Landscaping.

(a)

Landscape design purpose. Landscaping is the organization of outdoor space and shall be treated as a design element as important as building placement and vehicular circulation. The landscape plan shall be designed to achieve the following purposes:

(1)

To preserve and enhance the identity or character of the site.

(2)

To screen or filter views, buffer incompatible land uses, and blend inharmonious land uses.

(3)

To integrate and unify various parts of the site.

(4)

To articulate outdoor and architectural spaces.

(5)

To improve the local environment by controlling soil erosion, moderating harsh or unpleasant sounds, removing air pollutants, controlling light trespass and reflection, moderating winds and the effects of climate, and promoting stormwater infiltration thereby helping to prevent flooding.

(6)

To preserve and enhance existing environmental systems and wildlife habitat, including woodlands, wetlands, and grasslands.

(b)

Landscape plan requirements. A separate, detailed landscape plan shall be submitted as part of the site plan review as set forth in article VI. On sites of greater than one (1) acre, landscape plans shall be prepared and sealed by a registered landscape architect licensed in the State of Michigan. The landscape plan shall include, but not necessarily be limited to, the following items:

(1)

Location, spacing, size, root type, and descriptions for each plant type proposed for use within the required landscape area.

(2)

On parcels of more than one (1) acre, existing and proposed contours on-site and fifty (50) feet beyond the site at intervals not to exceed two (2) feet.

(3)

Significant construction details to resolve specific site conditions, such as tree wells to preserve existing trees or culverts to maintain natural drainage patterns.

(4)

Planting and staking details in either text or drawing form to ensure proper installation of proposed plant materials.

(5)

Identification of existing wetlands, forested areas, trees, and vegetative cover to be preserved.

(6)

Identification of grass and other ground cover and method of planting.

(7)

Identification of mulch in planting beds.

(8)

Typical straight cross-section, including slope, height, and width of berms.

(c)

Buffering between land uses.

(1)

Upon any improvement for which a site plan is required, a landscape buffer shall be required to create a visual screen at least six (6) feet in height along all adjoining boundaries whenever a non-residential use or a residential use of higher density abuts residentially zoned property. A landscape buffer may consist of earthen berms and plant materials, or plant materials only, so as to maintain a minimum opacity of at least eighty percent (80%). Opacity shall be measured by observation of any two (2) square yard area of landscape screen between one (1)-foot above the established grade of the area to be concealed and the top or the highest point of the required screen.

(2)

Where there is a need to provide a greater visual, noise, or dust barrier or to screen more intense development, a solid wall or fence may be required by the planning commission. Such wall or fence shall be a minimum of six (6) feet in height as measured on the side of the proposed wall having the higher grade and shall be constructed on both sides with textured concrete, split-face concrete block, wood, brick or stone. Precast panels and formed concrete structures may be used if they provide surface detail and texture equal to or greater than, the aforementioned materials. In addition, a minimum of one (1) tree and six (6) shrubs meeting the minimum size requirements set forth in subsection 18-262(i)(4) shall be planted adjacent to and for each thirty (30) linear feet of wall or fence.

(3)

Sites adjacent to I-75, I-275, and railroad rights-of-way. Sites adjacent to I-75, I-275, and railroad rights-of-way shall maintain a minimum fifty (50)-foot undisturbed buffer measured from the right-of-way. If existing vegetation is not sufficient to provide a landscape screen, the planning commission may require additional landscaping in accordance with this subsection.

(d)

Parking lot landscaping.

(1)

Interior landscape areas. Each separate area within a parking lot shall be adequately planted and maintained and shall be located in such a manner as to: divide and break-up the expanse of pavement; define parking areas; designate vehicular circulation; and separate parking lots from off-street parking. The following specific standards shall apply:

a.

Separate landscaped islands shall be required within parking lots of sixteen (16) spaces or greater. No more than a row of twenty-four (24) spaces are permitted without an island. Where size and configuration of a parking lot would prevent maintenance or impede traffic flow as a result of requiring landscaped areas within parking lots, the planning commission may approve alternative landscaping along the perimeter of the parking lots.

b.

There shall be one (1) canopy tree meeting the minimum size requirements set forth in subsection 18-262(i)(4) for every eight (8) parking spaces, landscape islands within a designated parking area shall be a minimum of one hundred fifty (150) square feet in area and nine (9) feet in width.

c.

A minimum distance of three (3) feet shall be established between proposed tree or shrub plantings and the backside of the curb or edge of the pavement.

(2)

Perimeter landscape areas. In order to reduce the visual impact, minimize conflicts between neighboring uses, and reduce the effect of headlight glare and parking lot lighting on adjacent uses and roadways, the perimeter of parking lots shall be screened in accordance with the following standards:

a.

Parking lots which are adjacent to residentially zoned or used property, which serve a non-residential use or a residential use of higher density shall be screened from that residential use in accordance with the standards set forth in subsection 18-262(c).

b.

Parking lots which are visible from a public or private road shall be screened from view with a landscaped berm varied in height from between two (2) to three (3) feet along the perimeter of those sides which are visible. The berm shall be planted with a minimum of one (1) deciduous or evergreen tree and six (6) shrubs, meeting the minimum size requirements set forth in subsection 18-262(i)(4) for every thirty (30) linear feet, or major portion thereof. The planning commission, at its discretion, may approve alternative landscape plantings, such as a solid hedge, or a solid wall in lieu of a landscape berm.

(3)

Landscape strips. A minimum of three (3)-foot wide landscape strips (not including vehicle overhangs) should be provided between paved parking surfaces and buildings, fences, and property lines wherever possible. Trees and shrubs shall be planted clear of the vehicle overhang area.

(e)

Front greenbelt landscaping.

(1)

A landscaped greenbelt equivalent in depth to the required front yard setback shall be required for any lot or any portion of a lot fronting on a public or private road, and shall be landscaped within a minimum of one (1) tree, plus six (6) shrubs meeting the minimum size requirements set forth in subsection 18-262(i)(4) for each thirty (30) linear feet, or major portion thereof, of frontage abutting said right-of-way. The remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and/or other living plant material.

(2)

Driveways from public rights-of-way through required landscape strips shall be permitted, but such driveways shall not be subtracted from the lineal dimension used to determine the minimum number of trees required unless such calculation would result in a spacing arrangement which is detrimental to plant development.

(f)

Foundation landscaping. Foundation plantings shall be provided along the front or sides of any buildings which face a public or private road and/or is adjacent to a parking lot or other area which provides access to the building by the general public. Foundation planting areas shall be integrated into the sidewalk system (between the front and sides of the building and the parking area and/or associated driveways) adjacent to the building. Foundation planting areas shall contain, at a minimum, one (1) ornamental tree and six (6) shrubs for each thirty (30) linear feet of applicable building frontage. Individual planting areas shall be a minimum of eight (8) feet in width.

(g)

General site landscaping. In addition to any required screening, front greenbelt, foundation landscaping and/or parking lot landscaping required by this section, twenty-five percent (25%) of the site area, excluding existing public right-of-way, or private road easement shall be landscaped. Such site landscaping shall include preservation of existing plant material, grass, ground cover, trees, shrubs, and/or other living plant material, but shall not be solely grass. In meeting general site landscaping requirements, particular attention shall be paid to such site elements as transformers, mechanical equipment, ground sign bases, entry ways, and/or retention and detention areas. In particular, the integration of stormwater retention and detention ponds in the overall landscape concept is recommended. Ponds with a natural, rather than square or rectangular, design and appearance shall be encouraged. Fenced retention/detention ponds within a front yard shall be strictly prohibited.

(h)

Subdivision and site condominium landscaping. Landscaping for subdivisions and site condominiums, which shall include, but not be limited to residential, office, commercial, and industrial development, shall be provided in accordance with the following requirements:

(1)

Street trees. The frontage of all internal public or private streets shall be landscaped on both sides with the equivalent of one (1) tree for every forty (40) lineal feet, or fraction thereof. Such street trees shall meet the minimum size requirements set forth in subsection 18-262(i)(4) and shall be an appropriate species for a street environment. The planning commission may determine that existing trees which are preserved within the road right-of-way or easement may meet all or part of the street tree requirement.

(2)

Screening from public roads. Where a subdivision or site condominium abuts a public right-of-way located outside of the proposed subdivision or site condominium, the screening requirements set forth in section 18-262(c) shall be met.

(3)

Other site improvements. A landscape plan for a subdivision or site condominium development shall also include landscaping details of the entrance to the development, stormwater retention and/or detention areas, community buildings and other recreational areas, and any other site improvement which would be enhanced through the addition of landscaping.

(i)

Miscellaneous landscape requirements. The following minimum standards shall apply:

(1)

Quality. Plant materials and grasses shall be of generally acceptable varieties and species, free of insects, and disease, hardy to the county, shall conform to the current minimum standard of the American Association of Nurserymen, and proof of compliance as to any required governmental regulations and/or inspections.

(2)

Composition. A mixture of plant material, such as evergreen, deciduous trees, and shrubs, is recommended to discourage insect and disease infestation; however, a limited mixture of hardy species is recommended in order to unify the design and visually blend with neighboring plants. Where plantings are adjacent to a road right-of-way, selection of plant materials that are tolerant of road salt spray and air pollutants are required.

(3)

Plant material spacing.

a.

Plant materials shall not be placed closer than four (4) feet from the fence line or property line.

b.

Where plant materials are placed in two (2) or more rows, plantings shall be staggered in rows.

c.

Evergreen trees shall be planted not more than thirty (30) feet on centers. Narrow evergreens shall be planted not more than six (6) feet on centers. Deciduous trees shall be planted not more than thirty (30) feet on centers.

d.

Tree-like shrubs shall be planted not more than ten (10) feet on centers.

e.

Large deciduous shrubs shall be planted not more than four (4) feet on centers.

(4)

Minimum plant size requirements.

a.

Evergreen trees, minimum size, five (5) feet in height.

b.

Narrow evergreens, minimum size, three (3) feet in height.

c.

Tree-like shrubs, minimum size, four (4) feet in height.

d.

Large deciduous shrubs, minimum size, six (6) feet in height.

e.

Large deciduous trees, minimum size, eight (8) feet in height.

(5)

Berms. Berms shall be constructed with slopes not to exceed a one to three (1:3) gradient and shall be planted to prevent erosion. Berm slopes shall be protected with grass, shrubs, or other form of natural ground cover. The highest point of the berm, extending along the length of the berm, shall be sufficiently rounded to avoid scalping by maintenance equipment.

(6)

Existing trees.

a.

If existing plant material is labeled "To Remain" on site plans by the applicant or required by the township, protective techniques, such as, but not limited to, fencing or barriers placed at the dripline around the perimeter of the plant materials shall be installed prior to construction. No vehicle or other construction equipment shall be parked or stored within the dripline of any plant material intended to remain. Other protective techniques may be used provided such techniques are approved by the township.

b.

In the event that healthy trees which are used to meet the minimum requirements of this chapter, or those labeled to remain, are cut down, destroyed, damaged, or excavated at the dripline, as determined by the planning commission, the property owner shall replace them with trees which meet ordinance requirements.

(7)

Installation, maintenance, and completion.

a.

All landscaping required by this chapter shall be planted prior to obtaining a certificate of occupancy. In the alternative, a performance bond shall be placed in escrow in the amount of the cost of landscaping, to be released only after landscaping is completed.

b.

All landscaping elements shall be installed, and earthmoving or grading performed according to accepted good planting and grading procedures.

c.

The owner of the property required to be landscaped shall maintain such landscaping in a reasonably healthy condition, free from refuse and debris. All unhealthy and dead material shall be replaced within one (1) year of damage or death or the next appropriate planting period, whichever comes first.

(j)

Prohibited species. Installation of the following trees and/or shrubs to satisfy landscape ordinance requirements shall be strictly prohibited:

Table 18-262-J. Prohibited Tree Species
Common Name Latin Name
American Elm Ulmus americana
Amur Cork tree Phellodendron amurense
Amur Maple Acer ginnala
Austrian Pine Pinus nigra
Black Alder Alnus glutinosa
Black Locust Robinia pseudoacacia
Black Poplar Populus nigra
Box Elder Acer Negundo
Buckthorn Rhamnus utilis
Callery Pear Pyrus calleryana (and cultivars)
Common Buckthorn Rhamnus cathartica
Ginkgo (Female) Ginkgo biloba
Glossy Buckthorn Rhamnus frangula
Horse Chestnut Aesculus hippocastanum
Norway Maple Acer platanoides
Rock Elm Ulmus thomasii
Scots Pine Pinus sylvestris
Siberian Elm Ulmus pumila
Slippery Elm Ulmus rubra
Tree of Heaven Ailanthus altissima
White Mulberry Morus alba
Willows Salix spp.

 

(Ord. No. 01-20, § 18.262, 2-10-20)

Sec. 18-263. - Trash and recycling containers.

(a)

Where required. The standards set forth in this section shall apply to all uses that have refuse and/or recycling disposal service by collective trash container. This does not include curbside pick-up for single-family residential uses; however, all residential buildings of more than two (2) dwelling units shall provide trash enclosures.

(b)

Container standards.

(1)

Containers shall be screened on all sides with an opaque masonry wall, and gate at least as high as the container, but not less than six (6) feet in height and shall be constructed of material which is compatible with the architectural materials used in the site development.

(2)

Containers shall be consolidated to minimize the number of collection sites.

(3)

Containers and enclosures shall meet all required setbacks, shall be located behind the front face of the building, and shall be located away from public view insofar as possible.

(4)

Containers and enclosures shall be situated so that they do not cause excessive nuisance or offense to occupants of nearly buildings.

(5)

Concrete pads and aprons of appropriate size and construction, a minimum of six (6)-inches thick, shall be provided.

(6)

For storage of recyclable materials, the enclosure area and pad size shall be increased to amply accommodate the extra materials and their containers.

(7)

Screening and gates shall be of a durable construction. Gates shall be constructed of heavy-gauge metal or frame with covering of wood or other suitable material. Gates shall be secured with sturdy hinges or sliders and latches. If the enclosure is situated directly adjacent to parking spaces or drives, it shall be protected at its base by concrete curb blocks.

(Ord. No. 01-20, § 18.263, 2-10-20)

Sec. 18-264. - Equipment screening.

(a)

Where required. The standards set forth in this section shall apply to all uses for which mechanical equipment including, but not limited to, generators, heating, ventilation, and air conditioning, is placed upon a roof of any building or on the ground outside of the building.

(b)

Screening requirements. All equipment shall be screened as follows:

(1)

At-grade equipment.

a.

At-grade equipment shall be screened with architectural and/or landscape materials matching or harmonious with the building or landscape materials provided elsewhere on site.

b.

Landscape materials shall be evergreen species or other species approved by the planning commission so as to provide a screen year-round.

c.

Walls provided to screen mechanical equipment shall be an opaque fence or wall, with a gate, at least as high as the equipment being screened.

d.

At-grade equipment shall be located in a side or rear yard, screened from public view.

e.

At-grade equipment shall be situated so that it does not cause excessive nuisance or offense to occupants of nearby buildings.

(2)

Rooftop screening.

a.

Rooftop equipment shall be screened with architectural materials matching or harmonious with the building.

b.

Screens provided to obscure mechanical equipment shall be an opaque barrier at least as high as the equipment being screened.

c.

Rooftop equipment shall be located on the side or rear of a pitched-roof building, screened from public view.

d.

Rooftop equipment shall be situated so that they do not cause excessive nuisance or offense to occupants of nearby buildings.

(Ord. No. 01-20, § 18.264, 2-10-20)

Sec. 18-265. - Exterior lighting.

(a)

Intent. The purpose of this section is to decrease light pollution and to improve the aesthetics of the township in general while providing adequate illumination to parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas to ensure the security of property and the safety of persons using such public or common areas.

(b)

Lighting plan requirements. If lighting is provided, the following information must be provided with the final site plan submission:

(1)

Location of all freestanding, building-mounted and canopy light fixtures on the site plan and/or building elevations.

(2)

Photometric grid overlaid on the proposed site plan, indicating the overall light intensity throughout the site (in foot-candles) and ten (10) feet beyond the parcel lines. The zoning official may waive the requirement for sites with parking lots of twenty (20) spaces or less or for sites that are not adjacent to residentially zoned property.

(3)

Specifications and details for the type of fixture being proposed, including the initial lumen rating, type of lamp, method of shielding, type of lens, and all applicable accessories.

(4)

Only non-glare, color-corrected lighting shall be permitted. For all non-residential uses, full cut-off shades are required for light sources so as to direct the light onto the site and away from adjoining properties. The light source shall be recessed into the fixture so as not to be visible from off-site. All fixtures shall be parallel to the ground.

(c)

Illumination levels.

(1)

Lighting for uses adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candles along property lines. Lighting for uses adjacent to non-residential properties shall be designed and maintained such that illumination levels do not exceed 0.3 foot-candles along property lines.

(2)

Maximum lighting levels shall not exceed twenty-five (25) foot-candles directly beneath a light fixture. Lighting levels shall not exceed three (3) foot-candles as measured directly between two (2) fixtures. The planning commission may allow for an increased level of lighting above maximum permissible levels when the planning commission determines that the applicant has demonstrated that such lighting is necessary for safety and security purposes.

(3)

For the purposes of this section, all lighting measurements shall be taken at ground level.

(d)

Freestanding lighting height. For parking lots having less than one hundred (100) parking spaces, lighting fixtures shall not exceed a height of sixteen (16) feet. For parking lots having one hundred (100) spaces or more, lighting fixtures shall not exceed a height of eighteen (18) feet. Height of freestanding lighting fixtures shall be measured from the ground level to the centerline of the light source.

(e)

Freestanding lighting location. Light poles shall be located not less than five (5) feet from the edge of a drive or parking space, where feasible, and shall not interfere with traffic flow, access to fire hydrants, or other utilities.

(f)

Building lighting. The lighting of a building façade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions:

(1)

All building façade lighting shall be low intensity. All building façade lighting shall be fully shielded and fully confined from projecting into the sky by eaves, roofs, or overhangs, and mounted as flush to the wall as possible.

(2)

Internally illuminated architectural bands or external lighting directed on buildings may be approved where it can be shown that the treatment will serve a legitimate function and will not adversely impact neighboring properties.

(g)

Flagpole lighting. A flagpole may be illuminated by one (1) of the following methods:

(1)

With one (1) upward-aimed spotlight fixture, fully shielded and directed away from streets, shining only on the flag and minimizing light spill into the dark night sky. The fixture shall be placed as close to the base of the flagpole as reasonably possible.

(2)

With one (1) downward-aimed light fixture, fully shielded and directed away from streets, shining only on the flag and minimizing light spill into the dark sky.

(h)

Duration. All exterior lighting fixtures, existing or hereafter installed and maintained upon private property, shall be turned off or reduced in lighting intensity between 11:00 p.m. and sunrise. The following exceptions may be approved by the planning commission:

(1)

Where greater lighting levels are necessary for security or safety purposes; or

(2)

Where permissible commercial or industrial uses such as sales, assembly and repair operate after 11:00 p.m., in which case the lighting levels shall be turned off or reduced after the use ceases for that day.

(i)

Signs. Signs shall be illuminated only in accordance with the regulations set forth in article XIII. In addition, signs within residential districts shall not be illuminated.

(j)

Exempt lighting. The following are exempt from the lighting requirements of this section, except the zoning official may require a lighting and photometric plan when deemed necessary to protect the public health, safety, and welfare:

(1)

Holiday decorations.

(2)

Lighting for an approved temporary use or special event.

(3)

Sports fields.

(4)

Shielded pedestrian walkway lighting.

(5)

Ornamental low voltage (twelve (12) volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self-contained rechargeable batteries, where any single light fixture does not exceed one hundred (100) lumens.

(k)

Prohibited lighting.

(1)

Wall-pak lighting.

(2)

The use of search lights, lasers, or any similar high intensity light for outdoor advertisement or entertainment.

(3)

Flood lights.

(4)

Flashing, moving, strobe, or intermittent type lighting.

(5)

Exterior or interior exposed luminous tube lighting (neon, cold cathode, or similar source), or exposed bulb fluorescent lighting.

(l)

Street lighting. Subdivision or site condominium street lighting is not required. The planning commission may allow street lighting when the planning commission determines the applicant has demonstrated a need for street lighting.

(Ord. No. 01-20, § 18.265, 2-10-20)

Sec. 18-266. - Fences.

(a)

General requirements. It shall be unlawful for any person, firm, or corporation to construct, or cause to be constructed, any fence on any property within the township, except in accordance with these regulations.

(b)

Location of fences.

(1)

All fences shall be located entirely on the property of the owner of the fence. Adjoining property owners may jointly install a fence on the common property line.

(2)

No fence shall be located within a public easement in which public utilities are located or are proposed to be located without first receiving the approval of the affected public utility.

(c)

Height regulations.

(1)

Residential districts. Fences located on residential lots or parcels shall comply with the following regulations:

a.

Only ornamental type fences shall be located in a required front setback or in a required side setback adjoining a public or private street and shall not exceed three (3) feet in height.

b.

Fences located in any required side setback not adjoining a street or in any required rear setback shall not exceed six (6) feet in height.

(2)

Commercial district. Fences shall not exceed six (6) feet in height. Fences in a front yard or a street yard shall not be permitted in a commercial or office district except where required by the planning commission.

(3)

Industrial district. Fences shall not exceed twelve (12) feet in height or, when located in a front or street yard, have fifty percent (50%) opacity.

(4)

In determining the height of a fence that separates two (2) adjoining lots and that is located within two (2) feet of the common property line, the maximum height at any point shall be measured from the lowest grade at that point within two (2) feet on either side of the common property line.

(d)

Vision clearance. All fences shall comply with section 18-243, visibility at intersections, herein. A fence that is located at the intersection of a driveway and a public sidewalk, or a sidewalk along a private street, shall not impede vision between the driveway and sidewalk.

(e)

Safety of fences.

(1)

No spikes, nails, barbed wire, or other pointed objects or sharp protrusions shall be placed on, attached to, or permitted to remain on, any fence below the height of ten (10) feet except in the case of fences that enclose farmland, in which case barbed wire may be permitted at any height of the fence.

(2)

Fences shall not contain any electric charge or current, except fences that enclose land used for agricultural purposes, in which case electrically charged fence wires shall be permitted, provided such wires shall be attached to the inside face of the fence posts. All electrically charged fences shall be of a type and make approved by Underwriters Laboratories.

(f)

Retaining walls. A retaining wall shall be regulated as a fence if the wall projects more than eighteen (18) inches above the grade of the ground being retained.

(g)

Public utility fences. Fences that enclose public utility installations shall not be located in any required setback where the lot is located in a residential zoning district. Such fences shall comply with all other provisions of this chapter.

(h)

Maintenance. Fences shall be maintained so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or other condition endangers life or property is hereby deemed a nuisance. If an unsafe condition exists in regard to a fence, the building official or other authorized person shall serve written notice to the owner, agent, or person in control of the property on which such fence is located. The notice shall describe the unsafe conditions, shall specify the repairs or modifications required to make the fence safe, or shall require an unsafe fence or any portion thereof to be removed. The notice shall provide a time limit for such repairs, modifications, or removal to be made.

(i)

Exemptions. Non-electrically charged fences enclosing land for agricultural purposes shall be exempt from the requirements and regulations of this section.

(j)

Fences in special districts. Fences located on a lot or parcel in a PUD or other special zoning district shall be exempt from the regulations of this section but shall be regulated as provided in the approved plan for that lot or parcel.

(Ord. No. 01-20, § 18.266, 2-10-20)