Site plan review provides the township with an opportunity to review the proposed use of a site in relation to all applicable provisions of the zoning ordinance and township planning. Site plan review also provides the township with an opportunity to review the relationship of the plan to surrounding uses, accessibility, pedestrian and vehicular circulation, off-street parking, public utilities, drainage, natural features, screening, and other relevant factors which may have an impact on the public health, safety and general welfare.

In reviewing all applications for site plan approval, the planning commission shall consider the plan in relation to the following standards:

1.

Vehicular access and circulation. The location and design of driveways providing vehicular access to the site shall be arranged to promote the safety and convenience of vehicles and pedestrians and to provide access in a manner that promotes proper internal circulation. The planning commission shall require public streets adjacent or through a proposed development, when it is necessary for the public health, safety and welfare, and/or provide continuity to the public road system. In those instances where the planning commission determines that there are an excessive number of curb-cuts in relation to abutting public roads, thereby diminishing the capacity of the road or creating excessive points of conflict, a reduction in the number of driveways shall be required.

2.

Relationship to surrounding property. All site development features shall be arranged to minimize the potential for negatively impacting surrounding property. In making this determination, the planning commission shall review the plan for negative conditions such as, but not limited to:

•

Channeling excessive traffic onto local residential streets.

•

The lack of adequate screening of parking or service areas.

•

The impediments to the access of emergency vehicles.

3.

Relationship to natural features. All buildings, driveways, parking lots and site improvements shall be designed to be compatible with the physical characteristics of the site, including, but not limited to, woodlands, wetlands, slopes, floodplains and soil suitability. The proposed development shall not needlessly have an adverse impact on the natural environment of the site or the surrounding area.

4.

Infrastructure. The planning commission shall consider the township engineer's evaluation of the adequacy of public or private utilities proposed to serve the site, including water, sanitary sewers and stormwater retention.

1.

A site plan shall be submitted for review and approval by the planning commission whenever one or more of the following conditions apply:

A.

Whenever a building permit is required for the erection or structural alteration of a building (other than one-family homes, one two-family structure, farm buildings or accessory structures to these uses).

B.

For the construction, use or establishment of a new or additional parking or storage area.

C.

For all special land uses.

D.

For any substantial change in use or class of use, when referred by the building director.

E.

The erection of, or addition to, any major utility service facilities, including towers, substations, pump stations and similar facilities.

F.

The demolition of any non-residential building. Depending on the size of the building and the characteristics of the site, administrative approval may be permitted as specified in Section 7.03.2

2.

A required site plan shall include the entire site under the control or ownership of the applicant with all areas proposed for improvement shown. Unplanned areas of the site also shall be shown. All site plans submitted for consideration shall include the following information:

A.

General site data.

(1)

The site plan shall be prepared by and carry the seal and signature of the registered architect, landscape architect, community [township] planner, land surveyor or professional engineer who prepared it, and shall consist of one or more sheets necessary to adequately provide the required data.

(2)

The dimensions of all improvements and yards shall be labeled in a manner that clearly indicates the plan's compliance with the applicable zoning ordinance standards and requirements.

(3)

Northpoint. Scale should customarily be provided at 1″ = 20′ or 1″ = 30′. For large-scale development, 1″ = 50′ or 1″ = 100′ may be acceptable, provided all important typical areas and ordinance requirements are thoroughly detailed in clearly recognizable form and presented at the customary scale.

(4)

Complete legal description with designated point of beginning at a quarter section-line.

(5)

Size of the site expressed in acres.

(6)

A legible location map (4 inches = 1 mile) showing major roads, nearby cross-streets and property lines, where necessary.

(7)

Zoning of site and all surrounding property. If the site has split zoning, show the line between the districts.

(8)

Proposed address, if available.

(9)

Location of existing structures and improvements. (Indicate if any such structure or improvement is to be removed).

(10)

Location of proposed structures and improvements.

(11)

Yards/setbacks and critical dimensions between buildings and other site improvements.

(12)

Existing improvements (buildings, parking, driveways, sidewalks, signs, fences, walks etc.) within 200 feet of all property lines.

(13)

Topography at two foot contours (existing and proposed).

(14)

Benchmarks with U.S.G.S. reference points.

(15)

Recorded easements and rights-of-way with liber and page numbers.

B.

Building plans.

(1)

All architectural building elevations (front, sides and rear).

(2)

Type of surface material and design of all exterior surfaces.

(3)

Dimensioned floor plans (principal and accessory buildings).

(4)

Decks and/or patios (dimensions, location, height and materials).

C.

Access, parking and circulation.

(1)

Existing and proposed rights-of-way for all abutting roads.

(2)

Location and dimensions of all driveways and street approaches.

(3)

Indicate the type of surface (paving).

(4)

Parking spaces (location, number, dimensions, aisle dimensions, surface material and landscaping island dimensions).

(5)

Site circulation pattern. (Direction of pedestrian and vehicular traffic flow if one-way or not obvious from the arrangement).

(6)

Identification of all fire lanes.

(7)

Sidewalks, interior walks and their connection.

(8)

Carport locations and details (including architectural elevations).

(9)

Location of emergency construction road.

D.

Environmental features.

(1)

Complete landscaping plan, including ground cover and the location, number, type and size of all proposed plantings. Common and botanical names of all plantings shall be provided.

(2)

Indications of trees and shrubs shall only be used on the site plan where trees and shrubs exist, or where such vegetation will be planted prior to occupancy. All such trees and shrubs shall be labeled as to size, type and whether existing or proposed. The site plan shall also comply with the tree and woodland preservation ordinance of the Charter Township of Shelby Code of Ordinances.

(3)

Whenever a tree or group of trees of six-inch caliper or greater is to be removed as part of the planned improvements, its or their location shall be shown on the site plan in dotted outline and noted "to be removed."

(4)

Greenbelts, walls and/or berm details. (Provide at least one cross-section for each type used)

(5)

Site irrigation (sprinklers). Indicate all areas to be irrigated.

(6)

Treatment of all undeveloped areas (such as seeded, sodded, plantings, maintenance or other).

(7)

Trash receptacles and method of screening.

(8)

Site lighting details (location, height, type, intensity and shielding).

(9)

Freestanding sign location. (Dimension setback from the centerline of the road or highway). Simultaneous sign approval shall be accompanied by a separate application for a sign permit meeting the requirements of section 5.05 (sign regulations).

(10)

Location and extent of wetland areas, if known, or floodplains if applicable.

E.

Other information.

(1)

Location of all site utilities, including fire hydrants. On-site fire hydrant locations shall be approved by the fire marshal prior to engineering approval.

(2)

Site drainage characteristics and improvements.

(3)

Park or recreation areas (show boundary and size in square feet).

(4)

Fences, screen wall or similar structure (location and details).

(5)

Statistical data shall be furnished, including: number of dwelling units; size of dwelling units (i.e., one bedroom, two bedrooms and three bedrooms), if any; and the total net acreage involved. (In the case of mobile home parks, the size and location of each mobile home site shall be shown.)

(6)

Where large equipment or machinery is to be installed as part of the development, the location, type, horsepower, fuel, dimensions and other data of all such equipment and/or machinery shall be indicated.

(7)

Location of storage, use and disposal areas, if any for hazardous substances and evidence of approval by the applicable federal, state or local review agency.

(8)

List of hazardous substances used, stored or generated at the proposed facility, in accordance with procedures of the planning commission.

F.

Where it is determined by the planning commission that certain requirements of this section are not necessary to the review and understanding of the site, the planning commission may waive the requirements. Any and all waivers shall be recorded in the commission's minutes, together with the unique circumstances and reasons for such waiver.

(Ord. No. 212.92, 5-20-2014)

1.

Submission. The proposed site plan shall be submitted to the planning and zoning department, or other designated representative, who shall check the submission data and transmit it to the following departments, agencies and consultants:

A.

Macomb County Road Commission or MDOT, whichever is appropriate.

B.

Macomb County Public Works Commissioner.

C.

Fire department.

D.

Police department.

E.

Building department.

F.

Assessor's office.

G.

Township engineer.

H.

Township planner.

I.

Planning commissioners (one for each).

J.

Planning commission file.

K.

Appropriate school district.

L.

Township attorney.

Each department, agency or professional shall acknowledge the date of its receipt of the site plan for its inspection and comments. The planning and zoning department shall next submit the site plan with the available written comments from the various agencies and departments to the planning commission for review at the meeting at which the site plan is placed on the agenda.

2.

Planning commission review. The site plan shall be reviewed by the planning commission with reference to the specific requirements of the ordinance, including those items listed above and other factors to be considered by the township in planning and establishing zoning districts as authorized under this ordinance. The planning commission shall also review the site plan relative to other planning documents and other applicable ordinances. The commission shall require review and comment from the township planner, township engineer and township attorney, where appropriate.

Approval of the site plan (as submitted, or with additions, corrections, or alterations) by the planning commission shall satisfy the requirements of this zoning ordinance for the issuance of a zoning compliance permit. It shall not, however, exempt the petitioner from compliance with other township ordinances. If a site plan is not approved by the planning commission, the reasons shall be stated in writing and a copy of said reasons supplied to the applicant. The approved site plan shall be part of the record of approval and subsequent actions relating to the activity authorized shall be consistent with the approved site plan unless a change conforming to the zoning ordinance receives the mutual agreement of the landowner and the planning commission.

Minor site plan amendments may be approved administratively by the planning director. Minor amendments include but are not necessarily limited to landscaping improvements, parking lot design and the addition of outdoor equipment and storage. All site plan amendments shall comply with the applicable standards of the Zoning Ordinance.

3.

Approval period. Site plan approval is valid for a period of two years. The approval period shall be counted from the date of the original site plan approval by the planning commission. Within two years, the applicant shall have made application for a building permit or received engineering approval. Site plan extensions may be made in writing to the planning commission prior to the expiration of the two-year approval.

4.

Performance bonds. The planning commission may require a cash deposit or irrevocable bank letter of credit acceptable to the township, covering the estimated cost of improvements associated with a project for which the site plan approval is sought, be deposited with the treasurer of the township to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. Financial guarantees shall be processed in accordance with the requirements of section 3.13.

The requirement for the performance bonds shall also be applicable for all construction activities in the single-family zoning district, as determined by the building department [planning and zoning coordinator]. This requirement shall apply to homes, accessory buildings, pools, fences and other similar activities, as determined by the building department [planning and zoning coordinator].

5.

Review fees. A site plan fee shall be required to cover the cost of review by the township's engineer, planner, and other professional and township services in accordance with a schedule of fees as determined by resolution of the township board.

6.

Appeals. An applicant for a site plan approval may appeal the decision or absence of a decision of the planning commission to the township zoning board of appeals under article 15 of this ordinance.

7.

Compliance. Any construction, development and/or activity(ies) approved by the township, by and through the site plan review process, shall be undertaken and completed in strict compliance with the approved site plan of record.

The approved site plan of record shall include any properly recorded plan(s), map(s), drawing(s), photograph(s), specification(s), documents(s), and audio/video transcription(s) which serve to describe or illustrate any specific development, construction and/or activity approved by the township, by and through the site plan review process.

(Ord. No. 212.5, § 20, 7-20-1999; Ord. No. 212.59, 8-18-2005)

1.

Statement of intent. The purpose of the development impact statement is to provide the township with relevant information on the anticipated impact of a proposed development on public utilities, public services, traffic, the economy, environmental conditions, and adjacent land uses. This process recognizes that many development proposals have impacts on existing site conditions and that these impacts often extend beyond the boundaries of the site. The intent of these standards is to identify and assess these impacts and, thereby, provide the township with information necessary to understand and address these impacts.

2.

Submission and processing requirements.

A.

A development impact statement containing all the required information specified herein shall be required whenever one or more of the following conditions apply:

1.

For any request for site plan review or special approval land use having an area of ten acres or more.

2.

For any proposal for residential development (site plan, subdivision or site condominium) of 100 or more units and/or resulting in a density of more than five units per acre.

B.

When required, a development impact statement shall accompany applications for special land use, site plan review, tentative preliminary plat approval and preliminary condominium approval. The development impact statement shall be considered along with other applicable information required for the specific request and shall be considered by the planning commission and/or township board, as required in this ordinance or the Charter Township of Shelby Subdivision Ordinance.

3.

Information and data required:

A.

Name(s) and address(es) of person(s) or firm(s) responsible for preparation of the impact assessment and a brief statement of their qualifications.

B.

Location map at one inch equals 200 feet, indicating the location of the subject property in relation to the township's thoroughfare system.

C.

Zoning map, indicating the subject property and the zoning of adjacent properties for a radius of one mile, measured from the boundaries of the site.

D.

Land use map, indicating the subject property and adjacent land uses by type for a radius of one mile, measured from the boundaries of the site. An aerial photograph may be used to illustrate this information.

E.

Site conditions of the subject property, indicating the following information. All information shall be depicted graphically on an existing conditions map or aerial photograph.

(1)

Location and size of existing natural features, such as streams, bodies of water, floodplains, soil types and conditions, topography, ground water table, and vegetation inventory (classification of existing types by general location and numbers or density as appropriate). Documentation by a qualified wetland specialist shall be required wherever it is determined that a potential regulated wetland exists on the site as required by the Michigan Department of Environmental Quality.

(2)

A woodlands map identifying the location, size and type of site vegetation as required by the Shelby Township Woodlands Ordinance.

(3)

Location and size of existing facilities and utilities (thoroughfares, water service, sanitary sewer, storm drain, gas lines, electric lines, etc.) on the site or available to serve the site.

(4)

Improvements adjacent to and directly across the street, i.e., pavement, width, driveway approaches, passing lanes, curb-cuts, etc.

F.

Other information, as determined by the planning commission, that may be necessary to assess the impact of the proposed development.

G.

Information assessing the impact of the proposed development as it pertains to the following factors (the required information shall be provided in narrative and graphic formats, as appropriate):

(1)

Land use impacts. Description of the proposed use(s) and other manmade facilities, including any project phasing, and an indication of how the proposed use(s) conforms or conflicts with the existing and master planned development patterns. A description shall be provided of any increases in light, noise or air pollution which could negatively impact adjacent properties.

(2)

Impact on public utilities:

(a)

Describe how the site will be provided with water and sanitary sewer facilities, including the adequacy of the existing public utility system to accommodate the proposed new development.

(b)

For sites to be served by wells and septic systems, documentation of adequacy and/or permits from the Macomb County Health Department shall be required.

(c)

Describe the methods to be used to control storm water drainage from the site. This shall include a description of measures to control soil erosion and sedimentation during construction.

(3)

Impact on public services. Description of the number of expected residents, employees, visitors or patrons, and the anticipated impact on public schools, police protection and fire protection. Letters from the appropriate agencies may be provided, as appropriate.

(4)

Economic impacts:

(a)

Identify the anticipated number of construction and permanent jobs.

(b)

Describe anticipated tax revenues to the township and school district.

(5)

Impacts on natural resources. Description of any general impacts expected to natural features identified in subsection 7.04.3.E. The assessment shall also include a description of general measures to control soil erosion and sedimentation during and after construction.

(6)

Traffic impacts. A traffic impact study in accordance with section 7.05 shall be submitted with the impact assessment.

4.

Evaluation standards. In reviewing development impact statements, the planning commission shall consider the information provided in relation to the following standards:

A.

Land use impacts.

(1)

The use shall not result in a negative impact on surrounding development, taking into consideration the type and intensity of use on the basis of the potential for nuisances (glare, noise, odor, etc.).

(2)

The use is compatible with planned development patterns, as expressed in the township's adopted master plan.

B.

Public utilities.

(1)

Public water and sanitary sewers with adequate capacity to serve the site are available, as determined by the township engineer.

(2)

For sites where public utilities are not available, documentation has been provided by the appropriate agency that the site is capable of supporting on site waste water disposal systems and well(s).

(3)

That the drainage plan for the proposed development is adequate to handle anticipated stormwater runoff, and will not cause undue runoff onto neighboring property or overloading the water courses in the area.

(4)

That the plan provides for the proper extension of public utilities and drainage improvements, as determined by the township engineer.

C.

Public services.

(1)

That the township is capable of providing police and fire protection to the proposed development on the basis of existing equipment and personnel.

(2)

Adequate recreation facilities are available to serve the anticipated residents of the development (applicable to residential projects only).

(3)

Public schools are available to serve the anticipated number of children to be generated by the proposed development (residential projects only).

D.

Economic impacts.

(1)

The project will have a beneficial impact on the local economy by increasing employment opportunities and increasing and diversifying the township's tax base.

(2)

The applicant has demonstrated that a sufficient market demand exists to support the use based on a documented market study and that the use will not create vacancies for existing retail establishments within the trade area.

E.

Traffic impacts.

(1)

The proposed development has access to a public road capable of supporting the development.

(2)

The use will not increase traffic that will effectively result in a lower level of service on the abutting road or at intersections proximate to the site.

(3)

The number of driveways serving the site are the minimum necessary to accommodate anticipated traffic.

(4)

The placement and design of driveways will accommodate safe movement of traffic into and out of the site.

(5)

Adequate provisions have been made to accommodate pedestrians.

(6)

Appropriate mitigation measures have been provided to address the anticipated traffic impacts of the development.

F.

Natural resources.

(1)

That natural resources will be preserved to the maximum extent feasible, and that areas to be left undisturbed during construction shall be so indicated on the plan.

(2)

The proposed development does not encroach into floodways or floodplains.

(3)

That soil conditions are suitable for excavation and site preparation and the wet or unstable soils not suitable for development will be either undisturbed or modified in an acceptable manner.

(4)

The proposed development will not cause soil erosion or sedimentation problems.

(Amend. of 10-21-2008)

1.

Intent. Shelby Township recognizes the direct correlation between land use decisions and traffic operations. Traffic impact studies assist in coordinating land use and transportation planning by forecasting the potential generation of new vehicular traffic; evaluating proposed access plans and identifying driveway-related road improvements at the site plan review stage; and identifying off-site road improvements needed to accommodate future traffic patterns. The intent of this section is to establish warrants for determining when traffic impact studies should be prepared, as well as minimum standards for the conduct and reporting of such studies.

2.

Required study by type. Traffic impact studies generally consist of three types: a rezoning traffic study (RTS), traffic impact assessment (TIA), or traffic impact statement (TIS). The content of each study type is broadly described below, along with the warranting conditions.

A.

Rezoning traffic study. An RTS describes relevant existing traffic conditions and compares the potential trip generation of a site's use under existing and proposed zoning classifications. An RTS is required for any proposed change to the zoning map that is either 1) inconsistent with the township's master plan, or 2) involves other than residential down-zoning.

B.

Traffic impact assessment. A TIA describes existing and likely future traffic conditions both with and without a site developed in a specific proposed manner. The evaluation of traffic impacts is limited to overall trip generation and the operation of the proposed site access drive(s). A TIA is required if the proposed use(s) would generate 1) 500-749 driveway trips per day, or 2) 50-99 peak-hour, peak-direction driveway trips.

C.

Traffic impact statement. A TIS is similar to a TIA but includes off-site intersections and other critical road features likely to be more heavily impacted due to a proposed use's greater amount of trip generation. It may also be appropriate to evaluate impacts at an off-site location due to ongoing congestion or safety problems, or because a road redesign is pending and should account for potential land use changes in the area. A TIS is required if the proposed use(s) would generate 1) 750 or more driveway trips per day, or 2) 100 or more peak-hour, peak-direction driveway trips.

3.

Preparation and submittal. All traffic impact studies must be planned and conducted in accordance with the Shelby Township Traffic Impact Study Requirements and Procedures adopted by resolution of the township board.

4.

Traffic impact study content. All studies should be consistent with the state of the practice, as outlined in such publications as Evaluating Traffic Impact Studies - A Recommended Practice for Michigan Communities (ETIS, sponsored by MDOT, et al.). Required content by study type is indicated in the table below. The composition of individual content items is detailed in the Shelby Township Traffic Impact Study Requirements and

Procedures adopted by resolution of the township board.

5.

Possible waiver of study requirement. The requirement for submittal of a traffic impact study may be waived by the planning director or planning commission in certain cases where recent studies of a similar nature have been completed and no further benefit would be achieved by completing an additional study. Requests to waive traffic study requirements will be evaluated on a case-by-case basis.

(Amend. of 10-21-2008)