Buchanan Township City Zoning Code
ARTICLE XXIII
Site Plan Review and Approval Procedures
§ 300-23.01 Purpose.
The purpose of site plan review is to provide for consultation and cooperation between the land developer and the Township in order to accomplish the developer's objectives in harmony with the existing and prospective use and development of adjacent properties. It shall be the further purpose of this section to ensure that each proposed development and its components, appearance, and function is in compliance with this chapter, other Township ordinances, and state and federal laws. These purposes apply to development of previously unimproved sites; to the redevelopment, expansion, contraction or alteration of existing sites; and to the alteration or replacement of existing uses.
The site plan review procedures and standards in this section are intended to provide a consistent and uniform method of review for proposed development plans. Through the application of the following provisions, the attainment of the Township of Buchanan Master Plan will be ensured, and the Township will develop in an orderly fashion.
§ 300-23.02 When site plan and review by Planning Commission is required.
Site plan required. Except as provided in Subsection B hereof, submission of a site plan shall be required for review by the Planning Commission for any of the following:
Any development or use for which submission of a site plan is required by provisions of this chapter.
Any proposal to construct, move, relocate, convert or structurally alter a building, including accessory buildings. A structural alteration shall be defined as one that changes the location of the exterior walls and/or the area of the building. This shall include alterations to construct or relocate pedestrian entrances or windows. This requirement shall in no way permit the expansion of a nonconforming structure so as to become more nonconforming or increase the area already in violation of the provisions of this chapter.
Any proposal to change, replace with a different use, add or recommence a use on an existing site, including expansions in area, volume or intensity of an existing use unless otherwise permitted by this chapter.
All divisions of land that involve construction of public or private streets, public or private water, sewer, or utility systems that serve more than one single-family residence, plats, and condominium developments (including "site condominium" developments).
Any proposal to build, expand or decrease an off-street parking lot; or to resurface an off-street parking lot when construction includes resurfacing, drainage alterations, or addition or replacement of base or subgrade.
Any other change in use or development that could affect compliance with the standards set forth in this chapter.
Private roads as allowed and required in the private road ordinance.
Any proposal to create, expand or alter a use or structure which involves using, storing, or generating hazardous substances.
Special uses in all districts.
Wireless communication facilities.
Plot plan or sketch plan. The following circumstances do not require fulfillment of the requirements of site plan review according to this chapter, including review by the Planning Commission and approval by the Township Board of Trustees. These are, however, required to file a site plan in conjunction with the requirements for building permit applications (plot plan):
Single- and two-family dwelling units on individual lots.
Residential accessory buildings (for personal use) less than 1,200 square feet in area in residential or agricultural zoning districts.
Agricultural accessory buildings located in agricultural zoning districts.
Home occupations where structure is not added.
§ 300-23.03 Application process.
Application for site plan review shall be made to the Township by filing two paper copies and a PDF file of the application form and detailed site plan with the office of the Township Zoning Administrator at least 30 calendar days in advance of the regularly scheduled Planning Commission meeting at which the plan is to be first considered. Fees are required to be paid in accordance with the fee schedule in effect as established by the Township at the time the application is made.
The Township Zoning Administrator shall examine the site plan to determine that it contains all the necessary information. If it is incomplete, it shall be returned to the applicant. If it is complete and appears to comply with the requirements of the Zoning Ordinance, it shall be processed in accordance with this chapter.
Application form. Each submittal for site plan review shall be accompanied by a completed application form furnished by the Township and shall include the following information:
The applicant's name, address, and phone number.
The address and parcel number of the property.
A signed statement that the applicant is the owner of the property or has a legal financial interest in the property (i.e., purchase agreement).
The name and address of the owner(s) of record if the applicant is not the owner of record (or firm or corporation having a legal or equitable interest in the land), and the signature of the owner(s).
Project description, including the total project title, number of structures, units, bedrooms, offices, square feet, total and usable floor area, parking spaces, carports or garages, employees by shift, amount of recreation and open space, and other pertinent information.
The gross and net acreage of all lots or parcels in the project.
Existing zoning classification, land uses, and structures on the subject parcel.
Name and address of developer (if different from the applicant), engineer, architect and/or land surveyor.
Project completion schedule/development phases.
Written statements relative to project impacts on existing infrastructure (including traffic capacity of streets, schools, and existing utilities) and on the natural environment of the site and adjoining lands.
Site plan information. Each submittal for site plan review shall be accompanied by a detailed site plan which shall consist of an accurate drawing, showing the entire site and all land within 100 feet of the site. If multiple sheets are used, each shall be labeled and the preparer identified. If there is an accurate site plan for the lot on file with the Township, the Township Zoning Administrator may waive the requirement for a site plan. The following information shall be included. (Note: By specific request, in writing, to the Planning Commission as a part of the submittals, specific requirements listed below may be waived for residential developments only.)
Name of development and general location sketch.
Name, address and phone number of owner(s), developer, engineer, architect and/or designer.
North arrow, scale, and date of original drawing and revisions.
The seal of one of the following professionals registered in the State of Michigan: Registered Architect, Registered Civil Engineer, Registered Landscape Architect, Registered Land Surveyor or Registered Professional Community Planner. The architectural plans of the buildings shall be prepared by and bear the seal of a Registered Architect as required by Michigan law PA 299 of 1980, Occupational Code (MCLA § 339.101 et seq.), as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A legal description and address of the property in question.
Scale of at least one inch equals 100 feet.
The area of the site in square feet and acres excluding all existing and proposed public rights-of-way.
The dimensions of all lots and subject properties, showing the relationship of the subject property to abutting properties, including lots across rights-of-way and easements. The boundaries of the subject property shall be clearly indicated on the site plan, differentiated from other contiguous property. If the parcel is a part of a larger parcel, boundaries of total land holding shall be indicated.
A location map showing the general relationship of the affected property to the surrounding area within a one-mile radius, in a scale not less than one inch equals 2,000 feet.
Existing topographic elevations at two-foot intervals, including ground elevations of all existing buildings, drives and/or parking lots, and any adjacent unusual surface conditions. Indicate direction of drainage flow.
Proposed topography, drainage systems, and structures, with topographic contour intervals of not more than two feet.
The location and elevations of existing watercourses and water bodies, including county drains and man-made surface drainage ways, floodplains, and wetlands.
The location and type of existing vegetation, including location of all existing trees over 10 inches in diameter may be required.
Any significant site amenities and unique features.
Existing land uses and zoning classification of the subject parcels and adjacent parcels.
All required minimum setbacks from the existing or proposed right-of-way and from adjacent lots.
The location and dimensions (length, width, height) of all existing and proposed structures on the subject property and all existing structures within 100 feet or adjacent to subject property, whichever is less.
The location and width of all existing public roads, rights-of-way or private easements of record, abutting streets, alleys, and driveway locations to abutting streets.
With residential proposals, a site summary indicating the proposed number and location of one bedroom units, two bedroom units, etc., typical floor plans with the square feet on floor areas; density computation, recreation facilities, open spaces, street names, and lot coverage.
With nonresidential proposals, the number of offices, number of employees, the number of floors and typical floor plans and cross sections.
Proposed parking lots including layout and typical dimensions of parking spaces, number of spaces provided (including how computed per ordinance requirements) and type of surfacing.
Location of and dimensions of proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration and passing lanes (if any) serving the development.
Proposed traffic and pedestrian circulation patterns, both within the site and on the public streets adjacent to the site and the proposed location and dimensions of any required pedestrian sidewalks. Designate loading and unloading areas, barrier-free access, any fire lanes, and carports.
Proposed finish grade of buildings, driveways, walkways, and parking lots.
Proposed type of building materials, roof design, projections, canopies and overhangs, roof-located mechanical equipment, such as: air-conditioning, heating units and transformers that will be visible from the exterior.
Proposed water service, including any proposed tap-ins, main extensions or extensions for adequate fire hydrant spacing, and/or considerations for extensions to loop other public water mains.
Proposed sanitary sewer facilities and the location of all existing utilities, easements and the general placement of lines, manholes, tap-ins, pump stations, and lift stations.
Proposed stormwater management plan, including design of sewers, outlets (enclosed or open ditches), and retention or detention ponds. Sufficient data regarding site run-off estimates and off-site drainage patterns shall be provided to permit review of feasibility and permanency of drainage detention and/or retention as well as the impact on local surface water and groundwater. The plan shall indicate location and status of any floor drains in structures on the site. The point of discharge for all drains and pipes should be specified on the site plan.
Locations of existing and proposed fire hydrants with reasonable access thereto for firefighting, police and other emergency equipment.
Location of all other utilities on the site, including, but not limited to, natural gas, electric, cable TV, telephone and steam.
Soil erosion and sedimentation control measures.
Detailed landscaping plan indicating location, types and sizes of material.
All proposed screening and freestanding architectural walls, including typical cross sections and the height above ground on both sides.
The dimensions and location of all signs, both wall signs and freestanding signs and of lighting structures and shielding.
Location, size and specifications for screening of all trash receptacles and other solid waste disposal facilities.
Location and specifications for any existing or proposed outdoor or below-ground storage facilities as well as any screening or containment structures or clear zones required by government authorities.
Easements for proposed public rights-of-way, utilities, access, shared access, and drainage.
Notation of any variances which have been or must be secured.
Notation of performance guarantees to be provided, including amounts, types, and terms.
Information and special data which may be critical to the adequate review of the proposed use and its impacts on the site or Township. Such data requirements may include traffic studies, market analysis, environmental assessments (including inventory and impact data on flora, fauna, natural resources, hazardous materials, erosion control and pollution), demands on public facilities and services, impact on historical or cultural resources, displacement of people or other uses as a result of the proposed development, alterations of the character of the surrounding area, effect on the Township's tax base and adjacent property values, or other data which the Township may reasonably deem necessary for adequate review.
The size, location and description of any proposed interior or exterior areas or structures for storing, using, loading or unloading of hazardous substances. A listing of types and quantities of hazardous substances which will be used or stored on-site quantities greater than 221 pounds or 25 gallons per month.
Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of the cleanup.
Plans depicting existing and proposed building elevations.
For developments that are of a scale to warrant phased development, the phasing of construction shall be indicated. A detailed site plan need be submitted only for that portion of the property for which a building permit will be applied for.
Building elevations of the proposed structure(s) from each direction shall be shown.
The site plan application may include such other special information and considerations relative to the existing or proposed site plan as may be deemed appropriate by the developer or owner or as may be required by the planning commission if it deems them necessary for the protection of the public health, safety and general welfare.
§ 300-23.04 Criteria for granting site plan approval.
Each site plan shall conform to all applicable provisions of this chapter. The following criteria shall be used as a basis upon which site plans will be reviewed by the Planning Commission and approved by the Township Board. The Township shall adhere to sound planning principles, yet may allow for design flexibility in the administration of the following standards:
All elements of the site shall be harmoniously and efficiently designed in relation to the topography, size, and type of land, and the character of the adjacent properties and the proposed use. The site shall be developed so as not to impede the reasonable and orderly development or improvement of surrounding properties for uses permitted on such property.
The site plan shall comply with the zoning district requirements for minimum floor space, height of building, lot size, open space, density and all other requirements as set forth in this chapter.
The existing natural landscape shall be preserved in its natural state as much as possible, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent properties.
The site plan shall provide reasonable visual and sound privacy. Fences, walls, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the safety and privacy of occupants and users. Where landscaping is provided, there must be provision for maintaining all plantings through a regular program of fertilizing, irrigating, pruning, mowing and replacing all dead and diseased materials.
All buildings or groups of buildings shall be so arranged as to permit convenient and direct emergency vehicle access.
All streets shall be developed in accordance with the Township subdivision or site condominium regulations, private road ordinance, and/or the Berrien County Road Department design specifications.
Special attention shall be given to proper site drainage. Appropriate measures shall be taken to ensure that the removal of surface waters will not adversely affect adjacent lots or the capacity of the public or natural storm drainage system. Provisions shall be made for a feasible storm drainage system, the construction of stormwater facilities, and the prevention of erosion and dust. In addition, special attention shall be given to the installation of appropriate fencing and other safety measures adjacent to and surrounding stormwater retention and detention areas. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicles or pedestrian traffic and will not create nuisance ponding in paved areas. Where possible and practical, drainage design shall recognize existing natural drainage patterns. Final grades may be required to conform to existing or future grades of adjacent properties.
Off-street parking, loading and unloading areas and outside storage areas, including areas for storage of trash, that face or are visible from adjacent residential districts or public thoroughfares, may be required to be screened by walls, fencing or landscaping of effective height as required within the landscape provisions of this chapter.
Adequate services and utilities including sanitary sewers, and improvements shall be available or provided, located and constructed with sufficient capacity and durability to properly serve the development.
Site plan approval may be conditioned on the applicant receiving necessary local, state, and federal permits before final site plan approval or an occupancy permit is granted.
An objective of site plan review shall be to protect and to promote public health, safety and general welfare by requiring the screening, buffering and landscaping of sites and parking lots which will serve to reduce wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve underground water reservoirs and return precipitation to the groundwater strata; to act as a natural drainage system and solve stormwater drainage problems; to reduce the level of carbon dioxide and return oxygen to the atmosphere; to prevent soil erosion; to provide shade; to conserve and stabilize property values; to relieve the stark character of parking lots; to conserve energy, provide visual and sound privacy and to otherwise facilitate the preservation and creation of a healthful, convenient, attractive and harmonious community.
All development phases shall be designed in logical sequence to ensure that each phase will independently function in a safe, convenient and efficient manner without being dependent upon improvements of a subsequent development potential of lands.
All sites shall be designed to comply with state and local barrier-free requirements and to reasonably accommodate the handicapped and elderly.
§ 300-23.05 Review and approval.
Site plans shall be reviewed in accordance with the following procedures:
Department review. The Township may secure comments from the Building Inspector, Berrien County Road Department, Berrien County Drain Commission, Sheriffs Department, Fire Department, and the Township's Consultant Engineer and/or Planner, and forward all comments to the Planning Commission for its review. The Planning Commission shall review the plans and may solicit further comments from an Engineer, Planning Consultant and other agencies, groups or persons, as appropriate before submitting its recommendation to the Township Board.
Site plan review and recommendation. The Township Planning Commission is hereby authorized to review all site plans submitted under this chapter. Guidelines for consideration of each case shall follow this chapter and other applicable ordinances. The Planning Commission shall make its recommendation to the Township Board, recommending approval, approval with specific conditions, or denial of the site plan within 90 days of receipt of the site plan. In forwarding its recommendation to the Township Board, the Planning Commission shall clearly state findings of fact in support of its recommendation.
Site plan approval. The Township Board is authorized to act upon site plans after receiving a recommendation from the Township Planning Commission. The Township Board may approve the site plan without conditions, with conditions, or may deny approval of the site plan. The Township Board shall make its decision within 90 days of having received the recommendation from the Planning Commission. It is an objective of site plan review to improve the quality of existing developments as they are expanded, contracted, redeveloped or changed in keeping with sound site development standards of the Township and with the Township Master Plan. A major objective shall be to retain, enhance and protect the quality, value and privacy of all residential land uses.
Record of action. Each action taken with reference to site plan review shall be duly recorded in the minutes of the Township of Buchanan Planning Commission and the Township Board. A final copy of the approved site plan shall be so marked and placed on file with the Township Clerk's office.
Final site plan. When a site plan approval is required, no building permit shall be issued until three copies of a final site plan, which includes all conditions of approval, a revision date and notation of all variances has been signed by the Township Supervisor, the Township Zoning Administrator or their designees. Prior to issuance of a permit, one copy of the final signed plan shall be filed with each of the following: Township Clerk, Building Inspector and the applicant.
§ 300-23.06 Issuance of building permit after site plan approval.
Complete construction plans, including component phases, shall be submitted for review by the Building Inspector. Upon review and finding that the construction plans meet with the requirements of site plan approval and other applicable ordinances of the Township, the Building Inspector shall issue a building permit for said construction. Site plan approval shall be valid for one year from the date of approval. If an applicant does not obtain a building permit within one year after site plan approval, the site plan approval expires and is of no force or effect, unless extended by a vote of the Township Board. Revocation of an approved site plan shall be communicated, in writing, by certified mail to the property owner and/or applicant.
§ 300-23.07 Modification of an approved site plan.
Once site plan approval has been granted by the Township Board, changes to the approved site plan shall require a resubmission and payment of the required application fee.
§ 300-23.08 Conformity to approved site plan required.
Following approval of a site plan by the Township Board, the applicant shall construct the site plan improvements in complete conformity with the approved plan. Upon completion of the installation of required improvements as shown on the approved site plan, the property owner/applicant shall submit to the Township Zoning Administrator two copies of an "as built" site plan, certified by an engineer or architect, at least one week prior to the anticipated occupancy of any building. A certificate of occupancy shall be withheld by the Building Inspector in any case where the site plan and major conditions as approved by the Township Board have not been complied with.