The purpose of this Chapter is to provide for consultation and cooperation between the applicant and the Township in order that the applicant may realize planned objectives in the use of land, as described in the Master Plan, and within the regulations of this Ordinance. It is also intended to ensure that the development be completed with minimum adverse effect on the use of adjacent roads and highways, and on the existing and future uses and the environment in the general vicinity.

In accordance with the provisions of this Chapter, the Planning Commission shall approve a site plan for the proposed development prior to the issuance of any permits for the creation of a use or the erection of a building in the districts and conditions cited below. The site plan packet shall include any associated documentation and narrative required to assist the reviewers with their task.

A.

All permitted uses within any of the following zoning districts:

1.

MHC, Manufactured Housing Community District;

2.

C-1, Neighborhood Commercial District;

3.

C-2, General Commercial District;

4.

I, Industrial District.

B.

All special uses in any zoning district.

C.

Multi-family developments.

D.

Any residential development other than that exempted below.

E.

Construction for any commercial or industrial building addition, except as exempted in Subsection J below.

F.

Site condominiums in any zoning district.

G.

Planned unit developments in any zoning district.

H.

Private roads, the extension of existing private roads, and the creation of additional lots accessed by an existing private road.

I.

Essential services.

J.

The following shall be exempt from site plan review, except that the Zoning Administrator shall review a plan to ensure compliance with this Ordinance:

1.

Single-family detached and two-family dwellings when permitted by right on a lot on which there exists no other building or use.

2.

Farms.

3.

Roadside stands with less than 200 square feet of sales area.

4.

Building addition(s) to any existing commercial or industrial building, provided that the addition has an enclosed floor area less than ten percent of the existing floor area or 1,000 square feet whichever is less, and provided that there is an approved site plan on file for the property. If the Zoning Administrator determines that the addition results in a change in the property that may require changes in layout of parking, driveways, or other facilities on the site, the Zoning Administrator may require the applicant to submit an amendment to the site plan for Planning Commission review.

5.

State licensed residential family care facilities and family day care homes.

6.

Home occupations.

7.

Accessory buildings.

A.

Optional preliminary site plan review.

1.

Eight copies of a preliminary site plan may be submitted by the applicant for review by the Planning Commission prior to final site plan submittal. The purpose of this optional procedure is to allow discussion between the applicant and the Planning Commission, to better inform the applicant of the acceptability of the proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.

2.

Preliminary site plans for manufactured housing community: In accordance with Section 11 of Michigan Public Act 96 of 1987, as amended (MCL 125.2311), a person who desires to develop a manufactured housing community shall only be required to submit a preliminary site plan to the Planning Commission. The preliminary site plan shall not include detailed construction plans. It shall include the location, layout, general design, and a general description of the project. The preliminary site plan must not conflict with the Master Plan; municipal water supply, sanitary sewage service, and drainage; and, local and State fire requirements. In addition, the preliminary site plan must have County Drain Commissioner approval of outlet drainage. Manufactured housing communities are exempt from final site plan review by the Township.

3.

Preliminary site plan submittal shall include the information listed below, unless deemed unnecessary by the Zoning Administrator. Preliminary site plans shall be at a scale not to exceed one inch equals 100 feet.

a.

A narrative of the project which includes pertinent information that may help the Planning Commission in its deliberations including but not limited to:

(1)

The overall objectives of the development;

(2)

Dwelling unit densities by type, if applicable;

(3)

Project feasibility;

(4)

Progression of development including pertinent timelines and specifics regarding phasing.

b.

Preliminary site plan sketch requirements:

(1)

A general location sketch showing properties and roads within one-half mile of the site.

(2)

Legal description and parcel number of the subject property.

(3)

Name and address of the property owner and the petitioner if different.

(4)

Size (in acres) of the subject property and approximate number of acres to be allocated to each proposed use plus the gross areas of proposed buildings and paving.

(5)

General location of existing and proposed stormwater infrastructure and other public utilities.

(6)

Existing and proposed drives and fire lanes.

(7)

General location of significant topographic features.

4.

Additional information. The Planning Commission, prior to granting final approval of a site plan, may request from the applicant any additional graphics or written materials, prepared by a qualified person or person(s) to assist in determining the appropriateness of the site plan. This material may include, but need not be limited to, aerial photography, photographs, impacts on significant natural features and drainage, traffic study, soil tests and other pertinent information.

5.

The Planning Commission shall review the preliminary site plan and make any recommendations to the applicant that will cause the plan to be in conformance with the review standards required by this Chapter. The Planning Commission shall advise the applicant as to the general acceptability of the proposed plan, but shall not be bound by any statements or indications of acceptance of the plan.

B.

Final site plan review.

1.

If submission of a preliminary site plan is not desired by the applicant, ten copies of a final site plan prepared by a professional competent in these matters may be submitted for review without first receiving a review of a preliminary plan. Final site plans shall be at a scale not less than one inch equals 20 feet for property under three acres and at least one inch equals 100 feet for those three acres or more.

2.

A narrative of the project which includes pertinent information that may help the Planning Commission in its deliberations including but not limited to:

a.

The overall objective of the development.

b.

If applicable, dwelling unit densities by type.

c.

Project feasibility.

d.

Progression of development including projected timelines and phasing.

3.

In addition to the project narrative, master deed, easement descriptions and other required documentation must be submitted with the final site plan application which includes information regarding maintenance of the development including but not limited to private roads, common open space, and stormwater control.

4.

Applications for final site plan reviews shall include the information as listed below, unless deemed unnecessary by the Zoning Administrator or by the Planning Commission after preliminary review. If there was a preliminary site plan then the final site plan shall also show any changes from the preliminary site plan properly marked.

5.

All developments requiring site plan review shall be reviewed and approved for drainage by the Allegan County Drain Commissioner and shall be designed in accordance with the Drain Commissioner's "Development Standards for Stormwater Management Systems". All developments where there are multiple owners, such as but not limited to, plats, condominiums, and commercial developments with multiple principle buildings must have a 433 agreement with the Allegan County Drain Commissioner.

C.

Final site plan requirements. Applications for final site plan reviews shall include the information as listed below, unless deemed unnecessary by the Zoning Administrator.

1.

An inset location sketch showing at a minimum, properties, roads, and use of land within one-half mile of the site.

2.

Legal description and parcel number of the subject property.

3.

The date, north arrow and scale.

4.

Name and address of the property owner or petitioner.

5.

Name and address of the person or firm who drafted the plan and the date the plan was prepared and any subsequent revision dates.

6.

Seal, name, and address of the professional individual responsible for preparation of the final site plan.

7.

Property lines and required setback lines shown.

8.

Size (in acres) of the subject property and number of acres allotted to each proposed use and gross area in building, structure, parking, public roads and drives, and open space.

9.

Dimensions of all existing and proposed structures on the subject property, and building setbacks on each building site including dwelling unit densities by type, if applicable.

10.

Specific location of existing and proposed stormwater facilities including stormwater calculations.

11.

Detailed design for all utilities, including any proposed connections to public or private community sanitary sewer or water supply systems.

12.

Dimensions and radii of all existing and proposed drives, cross sections of roadways, acceleration/deceleration lanes.

13.

Recreation areas, common use areas, floodplain areas, and areas to be conveyed for public use purpose.

14.

Existing zoning and use of all properties abutting the subject property.

15.

Design and location of sidewalks and trails.

16.

Specific location and design of exterior lighting, curbing, parking areas (including the dimensions of a typical parking space and the total number of parking spaces to be provided), fire lanes, and unloading areas.

17.

Development agreement (as required).

18.

Easement descriptions and dedications.

19.

Approved road names.

20.

Detailed landscape design, including method of protecting existing vegetation, species listing and sizes for new landscaping materials and profile of proposed buffer strips, screening, berm and fence design, as appropriate. Timing of landscaping must also be provided.

21.

Any signs not attached to the building(s).

22.

Site grading plan.

23.

Location of all solid waste disposal facilities, including recycling, and screening.

24.

Location and specifications for existing or proposed outside, above or below ground storage facilities for hazardous materials.

25.

Detailed inventory of significant natural features, and other natural characteristics, including but not limited to open space, wetlands, landmark trees, stands of trees, brooks, ponds, floodplains, hills, slopes of over 15 percent, and similar natural assets or hazards.

26.

Detailed means of protecting natural features during construction.

27.

Written reviews and approvals by the Allegan County Road Commission engineer, Allegan County Drain Commissioner and South Haven Area Emergency Services fire inspector.

28.

Where required, a 433 Agreement with the Allegan County Drain Commissioner.

29.

Any changes to the originally submitted narrative.

In those instances in which Act 288, Michigan Public Acts of 1967, as amended, the Land Division Act, is involved, the owner shall, after site plan approval, submit the preliminary and final plats to the Township in conformance with the Land Division Act, and in accordance with all other applicable codes, acts and ordinances. Such plats shall remain in conformance with the approved site plan.

A.

Any site plan application shall be accompanied by a non-refundable fee in accordance with the schedule of fees established by the Township Board.

B.

Such fee shall be for the purpose of payment of the administrative costs and services expended by the Township in the implementation of this Chapter and the processing of the application. Such fee may also be used to reimburse another party retained by the Township to provide expert consultation and advice regarding the application. No part of such fee shall be refundable to the applicant.

Changes to the approved site plan shall be permitted only under the following circumstances:

A.

The holder of an approved site plan shall notify the Zoning Administrator of any proposed change to an approved site plan.

B.

Minor changes may be approved by the Zoning Administrator upon determining that the proposed revision(s) will not alter the basic design or any specified conditions imposed as part of the original approval. Minor changes shall include only the following:

1.

Change in any building size, up to five percent in gross floor area.

2.

Movement of buildings or other structure by no more than ten feet.

3.

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.

4.

Changes in building materials to a comparable or higher quality.

5.

Changes in floor plans which do not alter the character of the use.

6.

Changes required or requested by the Township, the County Road Commission, or other County, State, or Federal regulatory agency in order to conform to other laws or regulations.

C.

A proposed change not determined by the Zoning Administrator to be minor shall be submitted to the Planning Commission as a site plan amendment, and shall be reviewed in the same manner as the original application, including payment of an application fee. The previously approved site plan shall be provided to the Planning Commission for comparative purposes. Proposed changes shall be noted on the site plan or in narrative form.

The following standards shall be utilized by the Planning Commission in reviewing all site plans. These standards are intended to provide a frame of reference for the applicant in the preparation of site plans as well as for the reviewing authority in making judgment concerning them. These standards shall not be regarded as inflexible requirements, and are not intended to discourage creativity, invention, or innovation.

A.

The uses proposed will not adversely affect the public health, safety, or welfare. Uses and structures located on the site shall take into account topography, size of the property, the uses on adjoining property and the relationship and size of buildings to the site.

B.

The site shall be adequately served by essential public facilities and services, such as roads, police and fire protection, drainage systems, water supply and sanitary sewage facilities.

C.

The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Ordinance.

D.

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation shall be provided for ingress and egress points, and within the site. Drives, roads and other circulation routes shall be designed to promote safe and efficient traffic operations within the site and at ingress and egress points. Shared drives with adjacent uses are encouraged if practical. The arrangement of vehicular and pedestrian connections to existing or planned roads in the area shall provide a safe and efficient circulation system for traffic within the Township.

E.

All roads and driveways shall be developed in accordance with Township ordinances, the County Road Commission, or Michigan Department of Transportation specifications, as appropriate. Except that the Planning Commission may impose more stringent requirements than those for the Road Commission or Department of Transportation with respect to driveway location and spacing. In addition, sidewalks shall be required if determined to be necessary or appropriate for pedestrians and non-motorized vehicles. The Planning Commission shall require trails or sidewalks within developments and along the frontage of all public roads adjacent to a development. For frontage trails, the Planning Commission may permit a dedicated, recorded easement for future trail development if immediate trail development is not warranted.

F.

All buildings and groups of buildings shall be arranged so as to permit necessary emergency vehicle access. To this end the Township shall refer all site plans for review and comment by the Township Fire Department.

G.

Off-street parking and loading areas shall be provided where required, with particular attention to internal circulation, vehicle conflicts and effects of noise and glare on adjoining properties and properties in the proposed development.

H.

Unless a Planned Unit Development, all dimensional requirements of the zoning district(s) shall be met.

I.

Removal or alteration of significant natural features shall be restricted to those areas which are reasonably necessary to develop the site in accordance with the requirements of this Ordinance. The Planning Commission may require that landscaping, buffers, and greenbelts be preserved or provided to ensure that proposed uses will be adequately buffered from one another, and from surrounding public and private property.

J.

Areas of natural drainage such as swales, wetlands, ponds, or swamps shall be protected and preserved, insofar as practical, in their natural state to provide areas for natural habitat, preserve drainage patterns, and to maintain the natural characteristics of the land.

K.

Stormwater drainage design shall recognize existing natural drainage patterns. Stormwater removal shall not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater on-site, as deemed necessary by the Allegan County Drain Commissioner or designee, using sound engineering practices. In accordance with the Michigan Drain Code of 1956, the drainage of any proposed plat/site condominium shall be contained within either an established or new drainage district or districts. The Township requires a Section 433 agreement for any multiple property development or alteration of an existing multiple property development affecting more than one acre of land.

Section 433 of the Drain Code provides for enlargement of existing drains and districts and the creation of new drains and districts where none currently exist. A formal agreement is required between the proprietor and the Drain Commissioner or Drainage Board. Owners of adjoining properties who will be included in the assessment district for maintenance of the drain must be parties to the agreement. The property of any adjoining landowner who refuses to sign cannot be included in the assessment district for assessment purposes. However, surface and subsurface runoff from the adjoining property must be accommodated by the stormwater collection system and outlet. An "Agreement to Establish a County Drain" will be used to establish a drainage district per Section 280.433(5) of the Drain Code of 1956. An "Agreement for the Extension of a County Drain and County Drainage District" will be used to add lands or storm drainage systems to an existing 433 District Agreement. The developer/land owner must contact the office of the Drain Commissioner to determine which agreement will be necessary. This document will be prepared by the developer or the developer's agent and submitted to the Allegan County Drain Commissioner's Office for review and approval. The approval of the County Drain Commissioner is required prior to final site plan approval by the Township.

L.

Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater, prevent erosion and the formation of dust. The use of detention or retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not restrict vehicular or pedestrian traffic, or create puddles in paved areas. Catch basins may be required to contain oil filters or traps to prevent contaminants from being discharged to the natural drainage system.

M.

Slopes of over 15 percent are protected and maintained in a natural state.

N.

As appropriate, pedestrian gathering and seating plazas, greenways and tree lined drives shall be within parking lots and throughout the site to provide an inviting pedestrian environment, protection of the pedestrian from vehicular circulation for improved traffic operations and views. Other site amenities to create a pedestrian scale environment shall be provided such as bike racks, benches, information kiosks, art, planters, or streetscape elements to separate principal buildings from the parking lots.

O.

The site plan shall provide reasonable visual and sound privacy for all dwelling units located within the site and adjacent thereto. Fences, walls, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.

P.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties, and does not interfere with the vision of motorists along adjacent roads. Lighting of buildings or structures shall be minimized to reduce light pollution and preserve the character of the Township.

Q.

The compatibility of any signs and their proposed lighting, if any, relative to glare, traffic safety, economic effect, and compatibility and harmony with adjoining properties, shall be considered.

R.

All loading and unloading areas, outside storage areas, and areas for the storage of trash which are visible from residential zoning districts or public roads, shall be screened by a vertical screen consisting of opaque structural or plant materials no less than six feet in height.

S.

Site plans shall conform to all applicable requirements of County, State, Federal, and Township statutes and ordinances. Approval may be conditioned on the applicant receiving necessary County, State, Federal, and Township permits before site plan approval or an occupancy permit is granted.

T.

The general purposes and spirit of this Ordinance and the goals and policies of the Master Plan shall be maintained.

A.

As part of an approval to any site plan, the Planning Commission may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public interest.

B.

Such conditions shall be related to and ensure that the review standards of this Chapter are met and shall meet the requirements of the Zoning Act.

C.

Approval of a site plan, including conditions made as part of the approval, shall apply to the property described as part of the application and to all subsequent owners.

D.

A record of conditions shall be maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved in accordance with this Ordinance.

E.

A record of the decision of the Planning Commission, the reason for the decision reached, and any conditions attached to such decision shall be kept and made a part of the minutes of the Planning Commission.

F.

The Zoning Administrator may make periodic inspections of developments for which site plans have been approved. For all projects subject to site plan review, where Drain Commissioner approval has been required, upon completions of any and all changes required by the Drain Commissioner, the developer shall submit to the Zoning Administrator documentation that all requirements of the Drain Commissioner have been completed, inspected and accepted by the Drain Commissioner. Non-compliance with the requirements and conditions of the approved site plan shall be considered violations of this Ordinance.