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Berlin Charter Township
City Zoning Code

ARTICLE VI

SITE PLAN REVIEW

Sec. 18-101.- Purpose.

The site plan review requirements in this article are intended to provide a consistent and uniform method of review of proposed development plans, to ensure full compliance with the regulations in this chapter, other applicable ordinances, and state and federal laws. The intent is to encourage a harmonious relationship of buildings and uses both within a site and in relation to adjacent uses, achieve efficient use of the land, encourage innovative design solutions, protect natural resources, ensure safety for both internal and external vehicular and pedestrian users, achieve innovative storm water management solutions, and prevent adverse impact on adjoining or nearby properties. It is the intent of these provisions to encourage cooperation and consultation between the township and the applicant to facilitate development in accordance with the township's land use objectives.

(Ord. No. 01-20, § 18.101, 2-10-20)

Sec. 18-102. - Relationship to platting, land divisions, combinations.

The township board shall require the platting of parcels of property and/or the tentative approval of land divisions or land combinations prior to the consideration of site plans where the township board determines a site plan is needed to ensure capability to comply with the standards of the zoning ordinance or other ordinances.

(Ord. No. 01-20, § 18.102, 2-10-20)

Sec. 18-103. - Buildings, structures, and uses requiring site plan approval.

(a)

Site plan review requirement. The following buildings, structures, and uses require site plan review:

(1)

All proposed permitted uses and related buildings, except single-family dwellings.

(2)

All proposed special land uses and related buildings.

(3)

All additions, alterations, or expansion of an existing permitted or special land use and/or related building.

(4)

Any building or use for which site plan review is required by this chapter.

(5)

Any parking lot or addition thereto.

(6)

Any residential development, except construction or expansion of one (1) single-family or two-family dwelling unit on an individual lot or parcel in the residential zoning districts, or placement of dwelling units in an approved manufactured housing park.

(b)

Status of site improvements.

(1)

No building permits or certificates of occupancy shall be issued until all required site plans and engineering plans have been approved and all applicable construction permits are in effect.

(2)

No grading, removal of trees or other vegetation, landfilling, or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, and construction permits are issued, except as otherwise provided in this chapter.

(Ord. No. 01-20, § 18.103, 2-10-20)

Sec. 18-104. - Site plan review process.

(a)

Site plan review process. Before issuance of a building permit for construction, the township clerk shall refer a site plan to the planning commission for processing. Such site plan shall be submitted to the planning commission in a two-stage review process:

(1)

Preliminary site plan approval.

(2)

Final site plan approval.

(b)

Information required for site plan submittal. The information required and specified in each stage of the site plan review process as set forth in section 18-106, shall be presented to the township clerk by the property owner or petitioner at least thirty (30) days prior to the date of the planning commission's regular meeting or special meeting. The applicant shall be responsible for the cost of preparing all site plan submittal information and for the evaluation of the site plan and related documents by consultants selected by the township.

(c)

Meeting representation. The applicant or the applicant's representative must be present at the scheduled reviews or the matter may be tabled.

(d)

Preliminary site plan review. The township zoning official shall determine if the preliminary site plan includes the required information set forth in this chapter and the engineering standards. The township zoning official shall transmit complete submittals of the application and preliminary site plan drawing(s) to the township planning commission prior to its next available regularly scheduled meeting. The township planning commission shall undertake a study of the same and shall give its approval, approval with conditions, or disapproval of the preliminary site plan, advising the applicant, in writing, of recommended changes or modifications in the proposed site plan as are needed to achieve conformity to the standards specified in this chapter.

(e)

Variance requests. When the applicant intends to seek a variance from the zoning board of appeals for the subject request, the applicant shall first receive tentative approval of the preliminary site plan from the planning commission. Tentative approval of the preliminary site plan by the planning commission shall be conditioned upon the granting of any necessary variances by the zoning board of appeals.

(f)

Final site plan review. The township zoning official shall determine if the final site plan includes the required information set forth in this chapter, the engineering standards, and other information requested by the township planning commission during preliminary site plan review. The township zoning official shall transmit complete submittals to the township planning commission prior to its next available regularly scheduled meeting. The township planning commission shall undertake a study of the same and shall give its approval, disapproval, or approval with conditions.

The planning commission, as a condition of its final approval of a site plan, may require reasonable modifications relating to: the location, height, number of stories, and size of dwellings, buildings, and other structures; the area of the yards, courts, and other open spaces; and the sanitary, safety, and protective measures which shall be required for such dwellings, buildings, and structures; and any other changes to meet the standards and intent of this zoning ordinance and other ordinances, laws and regulations.

Prior to the presentation of the final site plan to the planning commission, the property owner or petitioner shall have secured approval from the county road commission, county drain commissioner's office, and the county health department for ingress/egress to the site, public utility location and sizing, and wastewater treatment and potable water supply, and any other approvals required, respectively.

(g)

Conditions of approval. For any approval with condition(s), the applicant shall submit a revised plan within sixty (60) days illustrating compliance with all conditions for approval by the zoning official. No permits shall be issued until such revised plan is submitted and approved.

(h)

Effect of approval. Upon approval of a final site plan by the planning commission, construction consistent with said site plan shall be commenced within one (1) year of the date said site plan was approved. In the event construction is not so commenced said site plan approval shall become void and of no force and effect.

Upon a site plan approval becoming void pursuant to the provisions hereof, no construction may commence upon said site unless and until the site plan approval process has been re-instituted and completed. In such event, all applicable fees shall be paid.

(Ord. No. 01-20, § 18.104, 2-10-20)

Sec. 18-105. - Administrative approval/administrative site plan review.

(a)

Intent. The intent of this section is to permit submittal of a sketch plan in certain specific instances where a complete site plan is not considered essential to ensure compliance with the intent and standards of this zoning ordinance.

(b)

Authority. The zoning official shall have the authority to conduct an administrative review of a site plan, provided all other standards of this chapter are met as set forth in section 18-106. The zoning official may seek and review any comments of applicable township staff and/or consultants, county, state, or federal agencies; and reserve the right to refer the matter to the planning commission, if necessary.

If a full site plan is required, the zoning official shall inform the applicant to submit a set of plans in accordance with section 18-104 within thirty (30) days of receipt of the application.

(c)

Procedure. The process for administrative approval shall involve submittal of a sketch plan and required application form and fee to the zoning official. The zoning official shall review the sketch plan to ensure compliance with standards of this chapter and make a report of administrative approvals, including copies of the sketch plan, to the planning commission.

(d)

Eligibility. A sketch plan, rather than a complete site plan package, may be submitted for minor modifications to a legally existing and conforming use and building which is permitted in the zoning district (i.e., special land uses are not eligible) including alterations to a building or site that do not result in expansion or substantially affect the character or intensity of the use, vehicular or pedestrian circulation, drainage patterns, the demand for public infrastructure or services, significant environmental impacts or increased potential for hazards; including the following uses and situations:

(1)

Group day care homes.

(2)

Home occupations.

(3)

Temporary uses, sales and seasonal events.

(4)

An increase in the floor area on the site by up to one thousand (1,000) square feet or ten percent (10%) of the existing floor area, whichever is less, with no required increase in parking area. Administrative approval is not permitted if the cumulative total of the proposed expansion and any expansion within the last five (5) years, as determined by the zoning official, exceeds this amount.

(5)

An existing building and site are to be re-occupied by a use permitted in the subject zoning district and the new use will not require any significant changes in the existing site facilities such as parking, landscaping, lighting, signs, bike paths or sidewalks.

(6)

Improvements to outdoor recreational uses and parks.

(7)

Expansion, replanting or alterations of landscaping areas consistent with the other requirements of this chapter.

(8)

Improvements or installations of walls, fences, lighting or curbing consistent with the other requirements of this chapter.

(9)

Alterations to the off-street parking layout or installation of pavement or curbing improvements provided the total number of spaces shall remain constant, and the construction plans and lot construction are approved by the township engineer.

(10)

Relocation of a waste receptacle/dumpster to a more inconspicuous location or installation of screening around the waste receptacle/dumpster.

(11)

Changes to the facade or architectural features (an elevation plan describing changes and construction materials is required).

(12)

Approved changes to utility systems.

(13)

Grading, filling, creation of ponds or clearing of trees.

(14)

A change in use in a nonconforming use building or site to a more conforming situation.

(15)

Modifications to upgrade a building to improve barrier-free design, or to comply with the Americans with Disabilities Act (ADA) or other federal, state or county regulations.

(16)

Accessory structures.

(e)

Requirements. A "sketch plan" (administrative site plan) submittal shall include at least the following:

(1)

Site plan application form and review fee.

(2)

Name, address and telephone number of the applicant and the person(s) responsible for preparing the plan.

(3)

North arrow.

(4)

Legal description of the property.

(5)

The plan shall be drawn at an engineer's scale (one (1) inch = ten (10) feet).

(6)

Any building expansion over five hundred (500) square feet within a five-year period involving public safety issues, as determined by the zoning official shall require a professional seal of an architect, landscape architect or engineer.

(7)

Property lines and dimensions.

(8)

Existing and proposed buildings and structures with dimensions, setbacks, and details or elevations where appropriate.

(9)

Existing and proposed parking including number of spaces provided and required according to table 18-246-C. If changes are made to the parking area, a detail of pavement, storm water runoff calculations and description of detention methods shall be provided.

(10)

Details on any new driveways or changes to existing driveways (radii, throat width, slope, boulevard design, etc.).

(11)

Location of existing signs and details on any proposed changes or new signs.

(12)

General illustrations of existing landscaping; location, size, and species of any new landscaping.

(13)

Layout of any proposed changes to utilities.

(14)

Description of any proposed changes to drainage.

(15)

Floor plan of any new building area or building elevations, if applicable.

(16)

Any other items requested by township staff, consultants, or the planning commission.

(Ord. No. 01-20, § 18.105, 2-10-20)

Sec. 18-106. - Data required for site plans.

Site plans shall include the information set forth in table 18-106-A.

Table 18-106-A. Data Required for Site Plans
Plan Data Required For:
Preliminary
Site Plan
Final
Site Plan
A. Application Form
Name and address of the applicant and property owner. X X
Address and common description of property and complete legal description. X X
Dimensions of land and total acreage. X X
Zoning on the site and all adjacent properties. X X
Description of the proposed project or use, type of building or structures, and name of proposed development, if applicable. X X
Name and address of firm or individual who prepared the site plan. X X
Proof of property ownership. X X
B. Site and Zoning Data
Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site. X X
Proposed lot lines, lot dimensions, property lines, setback dimensions, structures, and other improvements to the site and within 100 feet of the site. X X
All existing and proposed easements, including type. X X
Zoning district of site and all adjacent property. X X
Land use of site and all adjacent property. X X
Proposed use of the site. X X
Gross and net lot area, and areas in proposed rights-of-way, access easements, wetlands, and bodies of water (including streams, ponds, lakes). X X
Ground floor and total floor area to be constructed. X X
Lot coverage (ground floor area divided by net lot area). X X
Impervious surface (total impervious area and percentage of impervious area to total net lot area). X X
Floor area ratio (total floor area divided by net lot area). X X
Number and type of dwelling units and density, for residential projects. X X
Building height, in feet and number of floors. X X
Required yards/setbacks. X X
C. Natural Features
General location of existing plant materials, with identification of materials to be removed and materials to be preserved. X X
Topography on the site and within 100 feet of the site at 2-foot contour intervals, referenced to a USGS benchmark. X X
Location of existing drainage courses, floodplains, lakes and streams, and wetlands. X X
Existing wetland areas must be shown for each wetland. All impacted areas and mitigation areas shall be shown with calculations provided. X X
General soils information, location, and extent of soils that are unbuildable in their natural state because of organic content or water table level, based on the Monroe County Soil Survey or equivalent information. X X
D. Access and Circulation
Dimensions, curve radii, and centerlines of existing and proposed access points, roads and road rights-of-way or access easements. X
Driveways and intersections within 100 feet of the site. X X
Location of proposed roads, driveways, parking lots, sidewalks and non-motorized pathways. X X
Cross-section details of proposed roads, driveways, parking lots, sidewalks, and non-motorized pathways. X
Dimensions of acceleration, deceleration, and passing lanes. X
Calculations for required number of parking spaces and loading areas, including location and layout. X X
Dimensions of parking spaces, islands, circulation aisles, and loading zones. X X
Designation of fire lanes. X X
Traffic regulatory signs and pavement markings. X
E. Landscape Plans
General landscape plan, including location and type of all proposed shrubs, trees, and other live plant material. X X
Existing live plant materials to remain, and if materials will be applied to landscaping requirements. X X
Existing and proposed topography, by contours, correlated with the grading plan. X X
Location of all proposed landscape improvements. X X
Planting list for proposed landscape materials with caliper size or height of material, botanical and common names, quantity, and spacing. X
Irrigation system plan for watering and draining landscape areas. X
Cross-sections and details for required landscape improvements including berms, walls, fences, retaining walls, etc. X
Proposed means of protecting existing plant material during construction. X
F. Building, Structure, and Miscellaneous Site Information
Location, height, number of floors, and outside dimensions of all proposed buildings and structures. X X
Building floor plans and total floor area. X
Details on accessory structures and any screening. X
Location, size, height, and lighting of all proposed signs. X
Building façade elevations for all sides, drawn at an appropriate scale. X
Description of exterior building materials and colors. X
Location of exterior lighting (site and building lighting). X
Lighting details, including height, initial lumen rating, type of lamp, method of shielding, and depiction of lighting pattern for all site and building lighting. X
Lighting photometric grid overlaid on proposed site plan showing light intensity (in foot-candles) on the site and 10 feet beyond the property lines of the subject parcel.** X
Location of trash receptacle(s) and transformer pad(s) and method of screening. X
Location of any outdoor sales or display area. X X
G. Information Concerning Utilities, Drainage, and Related Issues
Location of existing and proposed sanitary sewers and/or septic systems. X X
Size of existing and proposed sanitary sewers and/or septic systems. X
Location of existing and proposed water mains, well sites, water service and fire hydrants. X X
Size of existing and proposed water mains, water service, and fire hydrants. X
Site grading, drainage patterns, and other stormwater management measures. X X
Stormwater drainage and retention/detention calculations. X X
Stormwater retention and detention ponds, including grading, side slopes, depth, high water elevation, volume and outfalls. X
Location of storm sewers and drains. X X
Size of storm sewers and drains. X
Location of above and below ground gas, electric and telephone lines, existing and proposed. X X
Location of transformers and utility boxes. X
Assessments of potential impacts from the use, processing, or movement of hazardous materials, or chemicals, if applicable. X
H. Additional Information Required for Multiple-Family Residential Development
The number and location of each type of residential unit (one-bedroom units, two-bedroom units, etc.) X X
Density calculations by type of residential unit (dwellings per acre). X X
Garage and/or carport locations and details, if proposed. X
Mailbox clusters. X
Location, dimensions, floor plans, and elevations of common building(s) (e.g., recreation, laundry, etc.), if applicable. X
Swimming pool fencing detail, including height and type of fence, if applicable. X
Location and size of recreation and open space areas. X
Indication of type of recreation facilities proposed for recreation area. X
I. Additional Study (as required by the Planning Commission)
Traffic Study As required
Environmental Assessment As required
Noise As required
Additional study as required by the planning commission As required

 

NOTE: If any of the items listed above are not applicable, a list of each item considered not applicable and the reason(s) why each listed item is not considered applicable should be provided on the site plan.

** The lighting photometric grid requirement may be waived by the Planning Commission for sites with parking lots of twenty (20) spaces or less or for sites that are not adjacent to residentially-zoned property.

(Ord. No. 01-20, § 18.106, 2-10-20)

Sec. 18-107. - Criteria for site plan review.

(a)

Compliance with all regulations. In reviewing a site plan, the planning commission shall find that the proposed plan complies with all applicable Township Codes and Ordinances.

(b)

Standards. Further, in consideration of each site plan, the township planning commission shall endeavor to assure the following:

(1)

The proposed use will not be injurious to the general health, safety, welfare, and character of the township and surrounding neighborhood.

(2)

The proposed development is consistent with the township master plan.

(3)

Building placement and orientation provides a strong visual and functional relationship with its site, adjacent sites, and nearby thoroughfares. Such placement and orientation are consistent within sites and to adjacent sites to provide distinct building groups which exhibit similar orientation, scale, and proportion.

(4)

There is a proper relationship between major thoroughfares and proposed service drives, driveways, and parking areas.

(5)

The proposed development provides for proper development of roads, easements, and public utilities.

(6)

Site access and circulation shall be designed to ensure the safe and convenient movement of vehicles, bicycles, and pedestrians. Where possible, separation of pedestrian and vehicular traffic shall be provided to avoid conflicts and unsafe conditions.

(7)

Internal circulation shall be arranged to provide a practical means of emergency personnel and vehicle access to all sides of a building.

(8)

Site planning and design of specific improvements will accomplish the preservation and protection of existing natural features such as lakes, ponds, streams, wetlands, floodplains, steep slopes, groundwater, trees, and wooded areas.

(9)

The proposed development will utilize the natural topography to the maximum extent possible, minimizing the amount of cutting, filling, and grading, and preventing soil erosion or sedimentation.

(10)

The design of storm sewers, stormwater facilities, roads, parking lots, driveways, water mains, sanitary sewers, and other site improvements meet the design and construction standards of the township and other appropriate agencies.

(11)

A stormwater management system and facility will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body, or water course, or cause alterations which could increase flooding or water pollution on- or off-site. The Monroe County Drain Commissioner's Office standards will be used for the review and approval of all stormwater management systems.

(12)

Wastewater treatment systems, including on-site septic systems, shall be located to minimize any potential degradation of surface water or ground water quality, and be designed in accordance with the applicable township, county, and/or state standards.

(13)

Sites which include storage of hazardous waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of pollution materials to the surface or the air, or to the ground, groundwater, or nearby water bodies, with a specific plan to achieve such objectives being incorporated as part of the site plan.

(14)

Landscaping, including grass, trees, shrubs, and other vegetation, is provided to maintain and improve the aesthetic quality of the site and area.

(Ord. No. 01-20, § 18.107, 2-10-20)

Sec. 18-108. - Engineering site plan approval.

Upon approval of a final site plan by the Planning Commission, the applicant may apply for engineering plan approval which may include but is not limited to soil erosion control permit, utility permits, and all other required county and state permits.

(Ord. No. 01-20, § 18.108, 2-10-20)

Sec. 18-109. - Site plan completion guarantee.

Prior to the issuance of any building permit for any building, or prior to the issuance of any building permit for any building in a site condominium project, or prior to issuance of a certificate of occupancy for any other development which requires site plan review under this chapter, the applicant for same shall provide to the township the completion guarantee, as set forth in section 18-39.

(Ord. No. 01-20, § 18.109, 2-10-20)

Sec. 18-110. - Amendment, revision of an approved site plan.

An approved final site plan for which the building official has not issued a building permit, or the work authorized under an issued building permit has not been completed may be amended by the township planning commission. Such amendment shall be made upon application and in accordance with the procedure provided under section 18-104 of this chapter. The township zoning official shall have the authority to determine if a proposed change is substantive and therefore requires an amendment to the approved site plan or whether it can be administratively approved.

(Ord. No. 01-20, § 18.110, 2-10-20)

Sec. 18-111. - Extension, revocation, and abandonment of site plan.

(a)

Extension. Final site plan approval is valid for a period of one (1) year from the date of final action by the planning commission within which time all necessary building or construction permits shall be secured, and substantial construction completed. No single extension shall be granted for a period of more than one (1) year, and multiple extensions are allowed. All requests for extensions shall be made in writing and include a statement of why the extension is necessary, and confirmation of the ability to complete construction in conformity with the final site plan as approved.

(b)

Revocation. The planning commission may, upon hearing, revoke approval of a site plan if the commission determines that any information on the approved site plan is in error. Upon revocation, work on the affected part of the development, or on the entire development, as determined by the planning commission, shall cease. The planning commission may direct the zoning official to issue a stop work order to enforce its determination. Upon revocation, the planning commission may require the applicant to amend the site plan in a manner appropriate to reflect the corrected information. Any work so suspended shall not be resumed until an amended site plan is approved by the planning commission.

(c)

Abandonment.

(1)

Abandonment of preliminary site plan. An approved preliminary site plan for which a final site plan has not been submitted as required under Section 6.04 within one (1) year from the date of preliminary site plan approval, shall be considered abandoned.

(2)

Abandonment of final site plan. An approved final site plan, upon which construction does not commence and an extension of approval has not been requested within the one (1) year period from the date of final site plan approval, shall be considered abandoned.

(Ord. No. 01-20, § 18.111, 2-10-20)