Sec. 14A.01. The purposes of Site Plan Review are: to determine compliance with the provisions of this ordinance; to promote the orderly development of the Township; to prevent the depreciation of land value through uses or structures which do not give proper attention to siting or area protection; to provide consultation and cooperation between the applicant and the Township Planning Commission in order that applicants may accomplish their objectives in the utilization of their land within the regulations of this zoning ordinance and achieve the purposes of the Dorr Township Master Plan.
(Ord. No. 17, 8-3-1989; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.02. A site plan shall be submitted for review and approval prior to the issuance of a zoning permit as follows:
(a)
Planning Commission Review:
(1)
Any new principal commercial, office, industrial, business, or institutional use or a residential use greater than a two family dwelling unit.
(2)
An alteration of the building or property or change in the use of a building or property which results in the increase in the intensity of the use or results in the need for more parking spaces as required by this Ordinance.
(3)
Special land uses and planned unit developments.
(4)
Open space preservation projects per Section 4.42 herein.
(5)
Mobile home parks.
(6)
Enlargements of non-conforming uses per Section 16.02(b)(2) herein.
(7)
All other uses requiring site plan approval as required by this Ordinance.
(b)
Staff Review: The following uses shall be reviewed by the Township Zoning Administrator, or the Township Planner and Township Engineer if deemed necessary by the Zoning Administrator, to ensure compliance with the site plan review requirements. The Zoning Administrator may also refer such uses to the Planning Commission to be reviewed in accordance with the requirements of this Ordinance.
(1)
Expansion of an existing use or building which does not increase the intensity of the use or result in the need for additional parking as required herein and which would not otherwise require review by the Planning Commission.
(2)
Construction of a building or structure which is accessory to the principal use or building.
Review of site plans by staff shall be in accordance with the same procedures, requirements and standards used by the Planning Commission or Township Board except the number of site plan copies and submittal date shall be subject to the discretion of the Zoning Administrator.
The Zoning Administrator may waive specific site plan review submittal requirements if it is determined that such requirements are not relevant to the site plan under consideration. The Zoning Administrator shall keep a record of those items specifically waived and document reasons for the waiver.
(Ord. No. 17, 8-3-1989; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.03.
(a)
An application for site plan review along with ten sets of the site plan shall be submitted to the Township offices along with the fee as set by the Township Board in accordance with the submittal schedule established by the Planning Commission which is available in the Township offices. The application shall at a minimum contain the following information:
(1)
The applicant's name, address and phone number.
(2)
Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.
(3)
The name, address and phone number of the owner(s) of record if different than the applicant.
(4)
The address of the property.
(5)
Legal description of the property.
(6)
Current zoning.
(7)
Project description.
(8)
Size of the parcel in acres.
(9)
Signature of the applicant and owner of the property.
(Ord. No. 17, 8-3-1989; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.04.
(a)
Site plans shall be drawn at a scale of not more than one inch to 100 feet and shall contain the following information unless specifically waived by the Planning Commission:
(1)
The date on which the site plan was prepared.
(2)
The name, address and professional seal of the architect, landscape architect, engineer or professional surveyor who prepared the plan.
(3)
A north arrow and legal description based upon the most current survey.
(4)
Property lines, dimensions, and building setback distances and all structures, lot lines and wetlands within 100 feet of the site.
(5)
Existing and proposed topographic elevations at five-feet intervals on the site and to a distance of 50 feet outside the boundary lines of the site.
(6)
Direction of storm water drainage and how storm water runoff will be handled.
(7)
Location of existing and proposed buildings, their intended use, the length, width and height of each building, and the square footage of each building.
(8)
Location of abutting streets, rights-of-way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site. Also driveway location and design specifications.
(9)
Location and size of all water and sanitary sewer lines and storm drainage lines as well as fire hydrants and catch basins, and location of septic tank and drainfields, and utility easements.
(10)
Location and type of all sidewalks, bike paths, and other walkways.
(11)
Location, type and size of any walls, fences or other screening devices.
(12)
Location of all proposed landscape materials, including size and type of plantings.
(13)
Location, size and height of all proposed accessory structures, flagpoles, storage sheds, transformers, dumpsters or trash removal areas or devices, and methods of screening, signs, and existing and proposed utility poles.
(14)
Proposed parking areas and access drives showing the number and size of spaces and aisles, loading areas, handicapped access ramps, and the method of surfacing such areas.
(15)
Exterior lighting showing areas of illumination and type of fixtures as well as the method of shielding lights from adjacent properties and roadways.
(16)
Location and type of significant existing vegetation, water courses, and water bodies including county drains and manmade surface drainage ways, floodplains, and wetlands. Vegetation which is to be retained on the site must be illustrated.
(17)
Location of existing and proposed slopes which are 20 percent or greater.
(18)
Zoning and land use on adjacent properties.
(19)
Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by this Ordinance or by state or federal agencies.
(20)
The Planning Commission may request architectural elevation drawings of a building and cross-section drawings of a site.
(21)
Small-scale sketch of properties, streets and zoned uses of land within one-quarter mile of the site.
(22)
Identification of the limits of any required "natural vegetation zone" adjacent to a Rabbit River feature, as established by the Rabbit River protection standards contained in Chapter 5C.
(b)
The Planning Commission may require written statements relative to the effects on the existing traffic capacity of streets, and the proposed development's impact on schools, existing utilities, the environment and natural features.
In addition, the Commission may request additional studies, graphics or other written materials from the applicant in order to assist in determining the appropriateness of the site plan.
(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004; Ord. of 7-5-2007)
Sec. 14A.05.
(a)
The Planning Commission shall review the site plan according to the general standards for site plan review as contained in this chapter and any other applicable regulations of this Ordinance. Based on these standards and regulations, the Commission shall approve, deny or approve with conditions the site plan.
If approved, the applicant shall revise the site plan as necessary and submit the final site plan to the Zoning Administrator, Township Planner, Engineer, Fire Chief or others as necessary to insure that all revisions as required by the Planning Commission have been made.
(b)
Upon approval of the final site plan, three copies of this plan shall be stamped as approved, dated and signed by the Planning Commission Chair. One copy of the approved plan shall be retained by the applicant, one shall be retained by the Building Inspector as part of the building permit review process, and one copy shall be kept by the Township Clerk.
(c)
The Building Inspector shall issue a building permit upon receipt of an approved final site plan, providing all other applicable Township regulations have been met including compliance with the Township building code.
(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.06. Prior to approving a site plan, the Planning Commission shall require that the following standards be satisfied: If these standards and the other requirements noted in this section or in other Township ordinances are met, the site plan shall be approved.
(a)
The site shall be designed to minimize or avoid conflicting and unsafe vehicle turning movements on the site and at driveways serving the site; avoid driver sight obstructions and provide for vehicle access between adjoining parcels where practicable.
(b)
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 maintain the natural characteristics of the land.
(c)
The site plan shall provide reasonable visual and sound privacy for all adjacent dwelling units. Fences and landscaping should be used, as appropriate, to accomplish these purposes. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the Township's landscape provisions.
(d)
All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as requested by the Township Fire Department.
(e)
Walkways shall be provided as necessary for safe pedestrian movement.
(f)
The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and pedestrian or bicycle pathways in the area.
(g)
Appropriate measure shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm water drainage system. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of 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.
(h)
Exterior lighting shall be arranged so that illumination is deflected downward and away from adjacent properties and so that it does not interfere with the vision of the motorist along adjacent streets. Cut-off light fixtures may be required to accomplish this. Flashing or intermittent lights shall not be permitted. Excessive lighting of buildings or structures should be minimized to reduce light pollution.
(i)
Outside storage areas including receptacles for the storage of trash, shall be screened by a vertical screen consisting of structural or plant materials not less than six feet in height or placed so they are not substantially visible from residential districts or public thoroughfares. The finished side of any wall, fence or other screen shall face adjacent properties.
(j)
All streets and driveways shall be developed in accordance with the Township Subdivision Control Ordinance, the Allegan County Road Commission or Michigan Department of Transportation specifications, unless developed as a private road in accordance with the requirements for private roads in the Township.
(k)
Site plans shall conform to all applicable requirements of county, state and federal statutes and approval may be conditioned on the applicant receiving necessary county, state and federal permits before final site plan approval or an occupancy permit is granted.
(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.07.
(a)
As part of an approval to any site plan, the Planning Commission, as applicable, 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 Section 14A.06 are met.
(c)
Approval of a site plan, including conditions made as part of the approval, shall apply to the property described in the application, regardless of subsequent changes in ownership.
(d)
A record of conditions imposed 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 reasons for the decision reached and any conditions attached to such decision shall be kept as a part of the minutes of the Planning Commission.
(f)
The Zoning Administrator may make periodic investigations of developments for which site plans have been approved. Non-compliance with the requirements and conditions of the approved site plan shall be violations of this Ordinance.
(Ord. No. 17, 8-3-1989; Ord. of 8-4-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.07A. The Planning Commission shall impose the following conditions on any site plan approved for new commercial or industrial buildings and/or facilities:
(1)
The owner/tenant shall provide the Township Building Inspector and Township Fire Department with the following information prior to occupancy of the new building/facility:
A completed pre-incident plan which will contain the following information, at a minimum:
(A)
An As-Built Diagram showing the location of utility lines within buildings located on the premises, as well as electrical boxes; and
(B)
The name, address and current telephone number of a contact person who may be called in the event of a fire, release of hazardous materials, or similar emergency.
(2)
The owner/tenant shall pay for the cost of the pre-incident survey and plan. If the Township arranges for the pre-incident survey and preparation of the pre-incident plan, the owner/tenant shall reimburse the township for its costs based on a fee schedule adopted by the Township Board.
(3)
The owner/tenant of the premises shall also install and maintain a "Knox-Box" or a similar secure device approved by the township fire department on the premises which will allow the fire department to have keyed access to the building and facilities in the event of fire or other emergency.
(Ord. of 9-19-2006)
Sec. 14A.08.
(a)
Approval of the final site plan is valid for a period of not longer than one year unless extended as allowed herein. If actual construction of a substantial portion of the improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the final site plan shall be null and void.
(b)
Upon written application, filed prior to the termination of the one-year review period, the Planning Commission may authorize a single extension of the time limit for approval of a final site plan for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that there is a likelihood of construction commencing within the one-year extension.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.09. The Planning Commission may require reasonable performance guarantees in order to assure the completion of required improvements. Such performance guarantees may include a performance bond, letter of credit or other written guarantees or assurances deemed satisfactory in the circumstances and authorized by law. The amount of the performance guarantee shall be determined by the Planning Commission. Such arrangements shall have such sureties or guarantors as are satisfactory to the Planning Commission and shall be conditioned upon faithful compliance with all of the provisions and requirements of the approved site plan and construction and placement of all of the improvements therein.
In its discretion, the Planning Commission may reduce a proportionate share of the amount specified in a performance bond, letter of credit or other written assurance, based upon the percent or other portion of improvements completed, as verified by the Planning Commission or appropriate Township official. Furthermore, the Planning Commission may recommend to the Township Board the rebate or refund of a proportionate share of a cash bond or funds in escrow.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.10.
(a)
Any person who has been granted site plan approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan.
(b)
A minor change in the site plan may be approved by the Zoning Administrator who shall notify the Planning Commission of the minor change and that such change does not substantially change the basic design or alter the conditions required for the plan by the Commission.
The following items shall be considered as minor changes:
(1)
Reduction of the size of any building and/or sign.
(2)
Movement of buildings by no more than ten (10) feet.
(3)
Plantings approved in the site plan landscape plan being replaced by similar types of landscaping.
(4)
Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.
(5)
Changes required or requested by the Township for safety reasons.
(6)
Changes which will preserve the natural features of the site without changing the basic site layout.
(7)
Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the Zoning Administrator to be not material or significant in relation to the entire site and which the Zoning Administrator determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.
The Zoning Administrator may refer any decision regarding any proposed change to an approved site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the Zoning Administrator may consult with the Chairperson of the Planning Commission.
(c)
Should the Zoning Administrator determine that the requested modification to the approved site plan is not minor, resubmission to the Planning Commission for an amendment shall be required and conducted in the same manner as an original application.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.11. It is recognized that there are existing land uses, buildings, and structures which do not conform to the current regulations of this Ordinance and as such do not achieve the intended purposes of this Ordinance. When additions to these uses, buildings, and structures are made so that a site plan review is required per Section 14A.02 herein, the following regulations shall apply.
(a)
The site development standards used in reviewing site plans shall be applied to existing uses, structures or buildings when they are affected by any expansions, enlargements or increases in intensity. These standards shall be applied if it is determined that as a result of such expansions, enlargements or increases in intensity that any of the following situations exist:
(1)
Existing stormwater drainage provisions on site are inadequate to protect nearby lakes, streams or creeks from runoff contaminants or to prevent drainage onto adjoining properties.
(2)
There is insufficient on-site parking to satisfy current Zoning Ordinance requirements and/or a hard surface parking area is needed to reduce dust and reduce gravel and dirt runoff into the public stormwater drainage system.
(3)
Existing driveways may result in hazardous vehicle movements.
(4)
Additional plantings are needed in order to comply with the intent of the Cannon Township landscape regulations or to replace trees and shrubs previously removed, or screening is needed in the form of fencing or landscaping to provide a buffer between uses, particularly to screen materials stored outside.
(5)
Access to adjoining properties is inadequate and can be improved by way of parking lot connections or installation of service drives to improve traffic circulation and reduce the number of turning movements onto the public street system.
(6)
Safety for pedestrians can be improved and better emergency vehicle access can be provided.
(7)
Better lighting conditions are needed to reduce or eliminate nuisance lighting situations for drivers and nearby properties.
(8)
Screening of dumpsters is needed to improve the appearance of a site and reduce the likelihood of windblown trash.
(9)
Sidewalks are needed to improve pedestrian safety.
(b)
In determining how to apply the site plan review standards to address the above deficiencies found on a site, the Planning Commission shall be guided by the following criteria:
(1)
Whether or not compliance would ensure safer on site conditions, protect the natural environment, improve traffic circulation, achieve compatibility with adjacent land uses, promote the use of the land in a socially and economically desirable manner and generally accomplish the purposes of site plan review as described in this chapter.
(2)
The practicality of requiring compliance with the applicable regulations of this Ordinance based on the existing design, layout, and operation of the existing use and size of the site.
(3)
Whether or not requiring compliance would have a negative impact on the character, safety, and welfare of the neighborhood or surrounding area.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.12. The Planning Commission shall review site plans according to the following standards relating to vehicle access and circulation. The purpose of specific access standards is to increase traffic safety, lessen congestion, provide adequate access, promote community character, and ensure orderly development.
(1)
The Planning Commission shall have the authority to require a frontage road or service drive for contiguous parcels along 142 Avenue as recommended in the Dorr Township Master Plan or on other streets as deemed necessary. The Planning Commission shall also have the authority to limit the number of driveways for a site, to require that parking lots on contiguous parcels be connected, that driveways for contiguous parcels be shared, and that opposite driveways be directly aligned.
In determining whether the above or other access control measures are necessary, the following criteria shall be considered:
(a)
The type and location of commercial uses on the site and adjacent to the site.
(b)
The location, size and design of existing and proposed parking areas.
(c)
The existing and projected traffic volume on the roadway and adjacent roadways.
(d)
Compatibility between adjacent land uses and likelihood of change or expansion.
(e)
Number of parcels involved, location of lot lines and amount of road frontage.
(f)
Topography and site distance along adjacent roadways and on the site.
(g)
Distance from intersections.
(h)
Location of driveways opposite the site.
(i)
Width of roadway and number of lanes.
(j)
Environmental limitations (steep slopes, water, or vegetation).
(k)
Sufficient building setback.
(2)
For commercial uses along 142nd Avenue, and other streets as deemed necessary, the following regulations shall apply:
(a)
A parcel shall not be denied reasonable access to a public roadway.
(b)
A maximum of one driveway shall be provided to an individual parcel or to a contiguous parcel under the same ownership when the property in question has no other reasonable access to another abutting street or access road. Additional driveways may also be permitted in accordance with the driveway spacing standards herein.
(c)
Temporary direct access to 142nd Avenue may be granted in instances where access roads or adjoining parcels are not yet developed. A temporary driveway permit shall specify the future means of access, location if known, and date the change will be made. This temporary access agreement shall be recorded with the County Register of Deeds.
(d)
Parcels with 300 or more feet of road frontage with a single large use will not be required to construct a service drive, but may be required to connect the parking area to parking areas on contiguous parcels.
If a parcel with an established commercial use, and with 300 feet or more of road frontage, is divided to allow for an additional commercial use (resulting in parcels with less than 300 feet of road frontage), an additional driveway for that use will not be permitted. Both the original and the additional commercial use will be required to construct an adjoining service drive. An exception to this standard exists if the anticipated traffic volumes generated by either the original or the additional commercial use will exceed 5,000 vehicles per day and/or are projected to cause traffic congestion during peak hours.
If two or more existing contiguous parcels with non-commercial uses together comprise less than 300 feet of road frontage, and if any of those parcels converts to a commercial use (or any other use for which site plan review is required), the construction of a service drive will be required. As additional contiguous parcels convert to commercial uses, they will be required to construct additional segments of the service drive. These parcels will eventually be served by common driveway access, the placement of which will be determined by driveway spacing standards contained herein.
(e)
Driveways for a parcel shall be permitted based on the amount of road frontage for that parcel as follows, except that the Planning Commission may modify this in the interest of public safety based on the criteria in Section 14A.08(1).
(f)
A right turn lane and taper shall be required for driveways with anticipated right-turn inbound traffic volumes in excess of 40 vehicles during the hours of 4:00 PM and 6:00 PM or 1,000 vehicles per day. The lane shall be constructed in accordance with the requirements of the Michigan Department of Transportation.
(g)
The placement of a driveway, when serving a single use, shall be determined by the following criteria if it is to be located near an intersecting street.
1)
If the intersection street is curbed, the tangent point of the driveway radius along the highway shall be at least 105 feet from the tangent point of the intersection street radius.
2)
If the intersection street is uncurbed, the tangent point of the driveway radius along the highway shall be at least 135 feet from the intersection street's edge of pavement.
3)
At no time shall a driveway be located in the clear vision area of an intersection as established by the Michigan Department of Transportation or Allegan County Road Commission.
4)
Where possible, driveways are recommended to be located directly across from a cross street.
(h)
Driveways shall be spaced as follows with measurements taken from the centerline of each driveway. The Planning Commission shall have the authority to waive or modify the following spacing requirements when strict adherence to them would result in unreasonable access to the site. In waiving or modifying the spacing requirements, the criteria of 14A.08(1) shall be used.
1)
A driveway serving a multi-family, commercial, office, or industrial use shall be spaced at least 275 feet from another driveway serving the same or similar use.
2)
A driveway serving a single residential use shall be spaced at least 100 feet from all other driveways.
3)
A driveway shall not be constructed along the taper of a right turn lane or the acceleration or deceleration lane and taper connecting to an interchange ramp terminal.
(i)
The entrance to a service drive serving more than one use shall be spaced as follows:
1)
The entrance to the service drive shall be at least 275 feet from an intersecting street, measured from the tangent point of the driveway radius along the roadway to the tangent point of the intersection street along the roadway.
2)
The entrance to a service drive from a public road other than 142nd Avenue, where the commercial use fronts on 142nd Avenue, shall be at least 150 feet measured from the tangent point of the driveway radius along the public road to the tangent point of the public street radius along 142nd Avenue.
3)
The entrance to a rear service drive from a public road other than 142nd Avenue shall be at least 300 feet from the tangent point of the driveway radius along the public road to the tangent point of the public road radius along 142nd Avenue.
(Ord. No. 29, 9-2-1993; Ord of 8-5-2004)
Sec. 14A.01. The purposes of Site Plan Review are: to determine compliance with the provisions of this ordinance; to promote the orderly development of the Township; to prevent the depreciation of land value through uses or structures which do not give proper attention to siting or area protection; to provide consultation and cooperation between the applicant and the Township Planning Commission in order that applicants may accomplish their objectives in the utilization of their land within the regulations of this zoning ordinance and achieve the purposes of the Dorr Township Master Plan.
(Ord. No. 17, 8-3-1989; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.02. A site plan shall be submitted for review and approval prior to the issuance of a zoning permit as follows:
(a)
Planning Commission Review:
(1)
Any new principal commercial, office, industrial, business, or institutional use or a residential use greater than a two family dwelling unit.
(2)
An alteration of the building or property or change in the use of a building or property which results in the increase in the intensity of the use or results in the need for more parking spaces as required by this Ordinance.
(3)
Special land uses and planned unit developments.
(4)
Open space preservation projects per Section 4.42 herein.
(5)
Mobile home parks.
(6)
Enlargements of non-conforming uses per Section 16.02(b)(2) herein.
(7)
All other uses requiring site plan approval as required by this Ordinance.
(b)
Staff Review: The following uses shall be reviewed by the Township Zoning Administrator, or the Township Planner and Township Engineer if deemed necessary by the Zoning Administrator, to ensure compliance with the site plan review requirements. The Zoning Administrator may also refer such uses to the Planning Commission to be reviewed in accordance with the requirements of this Ordinance.
(1)
Expansion of an existing use or building which does not increase the intensity of the use or result in the need for additional parking as required herein and which would not otherwise require review by the Planning Commission.
(2)
Construction of a building or structure which is accessory to the principal use or building.
Review of site plans by staff shall be in accordance with the same procedures, requirements and standards used by the Planning Commission or Township Board except the number of site plan copies and submittal date shall be subject to the discretion of the Zoning Administrator.
The Zoning Administrator may waive specific site plan review submittal requirements if it is determined that such requirements are not relevant to the site plan under consideration. The Zoning Administrator shall keep a record of those items specifically waived and document reasons for the waiver.
(Ord. No. 17, 8-3-1989; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.03.
(a)
An application for site plan review along with ten sets of the site plan shall be submitted to the Township offices along with the fee as set by the Township Board in accordance with the submittal schedule established by the Planning Commission which is available in the Township offices. The application shall at a minimum contain the following information:
(1)
The applicant's name, address and phone number.
(2)
Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.
(3)
The name, address and phone number of the owner(s) of record if different than the applicant.
(4)
The address of the property.
(5)
Legal description of the property.
(6)
Current zoning.
(7)
Project description.
(8)
Size of the parcel in acres.
(9)
Signature of the applicant and owner of the property.
(Ord. No. 17, 8-3-1989; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.04.
(a)
Site plans shall be drawn at a scale of not more than one inch to 100 feet and shall contain the following information unless specifically waived by the Planning Commission:
(1)
The date on which the site plan was prepared.
(2)
The name, address and professional seal of the architect, landscape architect, engineer or professional surveyor who prepared the plan.
(3)
A north arrow and legal description based upon the most current survey.
(4)
Property lines, dimensions, and building setback distances and all structures, lot lines and wetlands within 100 feet of the site.
(5)
Existing and proposed topographic elevations at five-feet intervals on the site and to a distance of 50 feet outside the boundary lines of the site.
(6)
Direction of storm water drainage and how storm water runoff will be handled.
(7)
Location of existing and proposed buildings, their intended use, the length, width and height of each building, and the square footage of each building.
(8)
Location of abutting streets, rights-of-way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site. Also driveway location and design specifications.
(9)
Location and size of all water and sanitary sewer lines and storm drainage lines as well as fire hydrants and catch basins, and location of septic tank and drainfields, and utility easements.
(10)
Location and type of all sidewalks, bike paths, and other walkways.
(11)
Location, type and size of any walls, fences or other screening devices.
(12)
Location of all proposed landscape materials, including size and type of plantings.
(13)
Location, size and height of all proposed accessory structures, flagpoles, storage sheds, transformers, dumpsters or trash removal areas or devices, and methods of screening, signs, and existing and proposed utility poles.
(14)
Proposed parking areas and access drives showing the number and size of spaces and aisles, loading areas, handicapped access ramps, and the method of surfacing such areas.
(15)
Exterior lighting showing areas of illumination and type of fixtures as well as the method of shielding lights from adjacent properties and roadways.
(16)
Location and type of significant existing vegetation, water courses, and water bodies including county drains and manmade surface drainage ways, floodplains, and wetlands. Vegetation which is to be retained on the site must be illustrated.
(17)
Location of existing and proposed slopes which are 20 percent or greater.
(18)
Zoning and land use on adjacent properties.
(19)
Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by this Ordinance or by state or federal agencies.
(20)
The Planning Commission may request architectural elevation drawings of a building and cross-section drawings of a site.
(21)
Small-scale sketch of properties, streets and zoned uses of land within one-quarter mile of the site.
(22)
Identification of the limits of any required "natural vegetation zone" adjacent to a Rabbit River feature, as established by the Rabbit River protection standards contained in Chapter 5C.
(b)
The Planning Commission may require written statements relative to the effects on the existing traffic capacity of streets, and the proposed development's impact on schools, existing utilities, the environment and natural features.
In addition, the Commission may request additional studies, graphics or other written materials from the applicant in order to assist in determining the appropriateness of the site plan.
(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004; Ord. of 7-5-2007)
Sec. 14A.05.
(a)
The Planning Commission shall review the site plan according to the general standards for site plan review as contained in this chapter and any other applicable regulations of this Ordinance. Based on these standards and regulations, the Commission shall approve, deny or approve with conditions the site plan.
If approved, the applicant shall revise the site plan as necessary and submit the final site plan to the Zoning Administrator, Township Planner, Engineer, Fire Chief or others as necessary to insure that all revisions as required by the Planning Commission have been made.
(b)
Upon approval of the final site plan, three copies of this plan shall be stamped as approved, dated and signed by the Planning Commission Chair. One copy of the approved plan shall be retained by the applicant, one shall be retained by the Building Inspector as part of the building permit review process, and one copy shall be kept by the Township Clerk.
(c)
The Building Inspector shall issue a building permit upon receipt of an approved final site plan, providing all other applicable Township regulations have been met including compliance with the Township building code.
(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.06. Prior to approving a site plan, the Planning Commission shall require that the following standards be satisfied: If these standards and the other requirements noted in this section or in other Township ordinances are met, the site plan shall be approved.
(a)
The site shall be designed to minimize or avoid conflicting and unsafe vehicle turning movements on the site and at driveways serving the site; avoid driver sight obstructions and provide for vehicle access between adjoining parcels where practicable.
(b)
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 maintain the natural characteristics of the land.
(c)
The site plan shall provide reasonable visual and sound privacy for all adjacent dwelling units. Fences and landscaping should be used, as appropriate, to accomplish these purposes. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the Township's landscape provisions.
(d)
All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as requested by the Township Fire Department.
(e)
Walkways shall be provided as necessary for safe pedestrian movement.
(f)
The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and pedestrian or bicycle pathways in the area.
(g)
Appropriate measure shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm water drainage system. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of 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.
(h)
Exterior lighting shall be arranged so that illumination is deflected downward and away from adjacent properties and so that it does not interfere with the vision of the motorist along adjacent streets. Cut-off light fixtures may be required to accomplish this. Flashing or intermittent lights shall not be permitted. Excessive lighting of buildings or structures should be minimized to reduce light pollution.
(i)
Outside storage areas including receptacles for the storage of trash, shall be screened by a vertical screen consisting of structural or plant materials not less than six feet in height or placed so they are not substantially visible from residential districts or public thoroughfares. The finished side of any wall, fence or other screen shall face adjacent properties.
(j)
All streets and driveways shall be developed in accordance with the Township Subdivision Control Ordinance, the Allegan County Road Commission or Michigan Department of Transportation specifications, unless developed as a private road in accordance with the requirements for private roads in the Township.
(k)
Site plans shall conform to all applicable requirements of county, state and federal statutes and approval may be conditioned on the applicant receiving necessary county, state and federal permits before final site plan approval or an occupancy permit is granted.
(Ord. No. 17, 8-3-1989; Ord. No. 29, 9-2-1993; Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.07.
(a)
As part of an approval to any site plan, the Planning Commission, as applicable, 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 Section 14A.06 are met.
(c)
Approval of a site plan, including conditions made as part of the approval, shall apply to the property described in the application, regardless of subsequent changes in ownership.
(d)
A record of conditions imposed 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 reasons for the decision reached and any conditions attached to such decision shall be kept as a part of the minutes of the Planning Commission.
(f)
The Zoning Administrator may make periodic investigations of developments for which site plans have been approved. Non-compliance with the requirements and conditions of the approved site plan shall be violations of this Ordinance.
(Ord. No. 17, 8-3-1989; Ord. of 8-4-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.07A. The Planning Commission shall impose the following conditions on any site plan approved for new commercial or industrial buildings and/or facilities:
(1)
The owner/tenant shall provide the Township Building Inspector and Township Fire Department with the following information prior to occupancy of the new building/facility:
A completed pre-incident plan which will contain the following information, at a minimum:
(A)
An As-Built Diagram showing the location of utility lines within buildings located on the premises, as well as electrical boxes; and
(B)
The name, address and current telephone number of a contact person who may be called in the event of a fire, release of hazardous materials, or similar emergency.
(2)
The owner/tenant shall pay for the cost of the pre-incident survey and plan. If the Township arranges for the pre-incident survey and preparation of the pre-incident plan, the owner/tenant shall reimburse the township for its costs based on a fee schedule adopted by the Township Board.
(3)
The owner/tenant of the premises shall also install and maintain a "Knox-Box" or a similar secure device approved by the township fire department on the premises which will allow the fire department to have keyed access to the building and facilities in the event of fire or other emergency.
(Ord. of 9-19-2006)
Sec. 14A.08.
(a)
Approval of the final site plan is valid for a period of not longer than one year unless extended as allowed herein. If actual construction of a substantial portion of the improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the final site plan shall be null and void.
(b)
Upon written application, filed prior to the termination of the one-year review period, the Planning Commission may authorize a single extension of the time limit for approval of a final site plan for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that there is a likelihood of construction commencing within the one-year extension.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.09. The Planning Commission may require reasonable performance guarantees in order to assure the completion of required improvements. Such performance guarantees may include a performance bond, letter of credit or other written guarantees or assurances deemed satisfactory in the circumstances and authorized by law. The amount of the performance guarantee shall be determined by the Planning Commission. Such arrangements shall have such sureties or guarantors as are satisfactory to the Planning Commission and shall be conditioned upon faithful compliance with all of the provisions and requirements of the approved site plan and construction and placement of all of the improvements therein.
In its discretion, the Planning Commission may reduce a proportionate share of the amount specified in a performance bond, letter of credit or other written assurance, based upon the percent or other portion of improvements completed, as verified by the Planning Commission or appropriate Township official. Furthermore, the Planning Commission may recommend to the Township Board the rebate or refund of a proportionate share of a cash bond or funds in escrow.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.10.
(a)
Any person who has been granted site plan approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan.
(b)
A minor change in the site plan may be approved by the Zoning Administrator who shall notify the Planning Commission of the minor change and that such change does not substantially change the basic design or alter the conditions required for the plan by the Commission.
The following items shall be considered as minor changes:
(1)
Reduction of the size of any building and/or sign.
(2)
Movement of buildings by no more than ten (10) feet.
(3)
Plantings approved in the site plan landscape plan being replaced by similar types of landscaping.
(4)
Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.
(5)
Changes required or requested by the Township for safety reasons.
(6)
Changes which will preserve the natural features of the site without changing the basic site layout.
(7)
Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the Zoning Administrator to be not material or significant in relation to the entire site and which the Zoning Administrator determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.
The Zoning Administrator may refer any decision regarding any proposed change to an approved site plan to the Planning Commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the Zoning Administrator may consult with the Chairperson of the Planning Commission.
(c)
Should the Zoning Administrator determine that the requested modification to the approved site plan is not minor, resubmission to the Planning Commission for an amendment shall be required and conducted in the same manner as an original application.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.11. It is recognized that there are existing land uses, buildings, and structures which do not conform to the current regulations of this Ordinance and as such do not achieve the intended purposes of this Ordinance. When additions to these uses, buildings, and structures are made so that a site plan review is required per Section 14A.02 herein, the following regulations shall apply.
(a)
The site development standards used in reviewing site plans shall be applied to existing uses, structures or buildings when they are affected by any expansions, enlargements or increases in intensity. These standards shall be applied if it is determined that as a result of such expansions, enlargements or increases in intensity that any of the following situations exist:
(1)
Existing stormwater drainage provisions on site are inadequate to protect nearby lakes, streams or creeks from runoff contaminants or to prevent drainage onto adjoining properties.
(2)
There is insufficient on-site parking to satisfy current Zoning Ordinance requirements and/or a hard surface parking area is needed to reduce dust and reduce gravel and dirt runoff into the public stormwater drainage system.
(3)
Existing driveways may result in hazardous vehicle movements.
(4)
Additional plantings are needed in order to comply with the intent of the Cannon Township landscape regulations or to replace trees and shrubs previously removed, or screening is needed in the form of fencing or landscaping to provide a buffer between uses, particularly to screen materials stored outside.
(5)
Access to adjoining properties is inadequate and can be improved by way of parking lot connections or installation of service drives to improve traffic circulation and reduce the number of turning movements onto the public street system.
(6)
Safety for pedestrians can be improved and better emergency vehicle access can be provided.
(7)
Better lighting conditions are needed to reduce or eliminate nuisance lighting situations for drivers and nearby properties.
(8)
Screening of dumpsters is needed to improve the appearance of a site and reduce the likelihood of windblown trash.
(9)
Sidewalks are needed to improve pedestrian safety.
(b)
In determining how to apply the site plan review standards to address the above deficiencies found on a site, the Planning Commission shall be guided by the following criteria:
(1)
Whether or not compliance would ensure safer on site conditions, protect the natural environment, improve traffic circulation, achieve compatibility with adjacent land uses, promote the use of the land in a socially and economically desirable manner and generally accomplish the purposes of site plan review as described in this chapter.
(2)
The practicality of requiring compliance with the applicable regulations of this Ordinance based on the existing design, layout, and operation of the existing use and size of the site.
(3)
Whether or not requiring compliance would have a negative impact on the character, safety, and welfare of the neighborhood or surrounding area.
(Ord. of 8-5-2004; Ord. No. 07-04, 6-15-2004)
Sec. 14A.12. The Planning Commission shall review site plans according to the following standards relating to vehicle access and circulation. The purpose of specific access standards is to increase traffic safety, lessen congestion, provide adequate access, promote community character, and ensure orderly development.
(1)
The Planning Commission shall have the authority to require a frontage road or service drive for contiguous parcels along 142 Avenue as recommended in the Dorr Township Master Plan or on other streets as deemed necessary. The Planning Commission shall also have the authority to limit the number of driveways for a site, to require that parking lots on contiguous parcels be connected, that driveways for contiguous parcels be shared, and that opposite driveways be directly aligned.
In determining whether the above or other access control measures are necessary, the following criteria shall be considered:
(a)
The type and location of commercial uses on the site and adjacent to the site.
(b)
The location, size and design of existing and proposed parking areas.
(c)
The existing and projected traffic volume on the roadway and adjacent roadways.
(d)
Compatibility between adjacent land uses and likelihood of change or expansion.
(e)
Number of parcels involved, location of lot lines and amount of road frontage.
(f)
Topography and site distance along adjacent roadways and on the site.
(g)
Distance from intersections.
(h)
Location of driveways opposite the site.
(i)
Width of roadway and number of lanes.
(j)
Environmental limitations (steep slopes, water, or vegetation).
(k)
Sufficient building setback.
(2)
For commercial uses along 142nd Avenue, and other streets as deemed necessary, the following regulations shall apply:
(a)
A parcel shall not be denied reasonable access to a public roadway.
(b)
A maximum of one driveway shall be provided to an individual parcel or to a contiguous parcel under the same ownership when the property in question has no other reasonable access to another abutting street or access road. Additional driveways may also be permitted in accordance with the driveway spacing standards herein.
(c)
Temporary direct access to 142nd Avenue may be granted in instances where access roads or adjoining parcels are not yet developed. A temporary driveway permit shall specify the future means of access, location if known, and date the change will be made. This temporary access agreement shall be recorded with the County Register of Deeds.
(d)
Parcels with 300 or more feet of road frontage with a single large use will not be required to construct a service drive, but may be required to connect the parking area to parking areas on contiguous parcels.
If a parcel with an established commercial use, and with 300 feet or more of road frontage, is divided to allow for an additional commercial use (resulting in parcels with less than 300 feet of road frontage), an additional driveway for that use will not be permitted. Both the original and the additional commercial use will be required to construct an adjoining service drive. An exception to this standard exists if the anticipated traffic volumes generated by either the original or the additional commercial use will exceed 5,000 vehicles per day and/or are projected to cause traffic congestion during peak hours.
If two or more existing contiguous parcels with non-commercial uses together comprise less than 300 feet of road frontage, and if any of those parcels converts to a commercial use (or any other use for which site plan review is required), the construction of a service drive will be required. As additional contiguous parcels convert to commercial uses, they will be required to construct additional segments of the service drive. These parcels will eventually be served by common driveway access, the placement of which will be determined by driveway spacing standards contained herein.
(e)
Driveways for a parcel shall be permitted based on the amount of road frontage for that parcel as follows, except that the Planning Commission may modify this in the interest of public safety based on the criteria in Section 14A.08(1).
(f)
A right turn lane and taper shall be required for driveways with anticipated right-turn inbound traffic volumes in excess of 40 vehicles during the hours of 4:00 PM and 6:00 PM or 1,000 vehicles per day. The lane shall be constructed in accordance with the requirements of the Michigan Department of Transportation.
(g)
The placement of a driveway, when serving a single use, shall be determined by the following criteria if it is to be located near an intersecting street.
1)
If the intersection street is curbed, the tangent point of the driveway radius along the highway shall be at least 105 feet from the tangent point of the intersection street radius.
2)
If the intersection street is uncurbed, the tangent point of the driveway radius along the highway shall be at least 135 feet from the intersection street's edge of pavement.
3)
At no time shall a driveway be located in the clear vision area of an intersection as established by the Michigan Department of Transportation or Allegan County Road Commission.
4)
Where possible, driveways are recommended to be located directly across from a cross street.
(h)
Driveways shall be spaced as follows with measurements taken from the centerline of each driveway. The Planning Commission shall have the authority to waive or modify the following spacing requirements when strict adherence to them would result in unreasonable access to the site. In waiving or modifying the spacing requirements, the criteria of 14A.08(1) shall be used.
1)
A driveway serving a multi-family, commercial, office, or industrial use shall be spaced at least 275 feet from another driveway serving the same or similar use.
2)
A driveway serving a single residential use shall be spaced at least 100 feet from all other driveways.
3)
A driveway shall not be constructed along the taper of a right turn lane or the acceleration or deceleration lane and taper connecting to an interchange ramp terminal.
(i)
The entrance to a service drive serving more than one use shall be spaced as follows:
1)
The entrance to the service drive shall be at least 275 feet from an intersecting street, measured from the tangent point of the driveway radius along the roadway to the tangent point of the intersection street along the roadway.
2)
The entrance to a service drive from a public road other than 142nd Avenue, where the commercial use fronts on 142nd Avenue, shall be at least 150 feet measured from the tangent point of the driveway radius along the public road to the tangent point of the public street radius along 142nd Avenue.
3)
The entrance to a rear service drive from a public road other than 142nd Avenue shall be at least 300 feet from the tangent point of the driveway radius along the public road to the tangent point of the public road radius along 142nd Avenue.
(Ord. No. 29, 9-2-1993; Ord of 8-5-2004)