Where the plan of a house is standardized and remains constant as to width and length.

Where the volume of the house remains practically the same; changes made to a standardized plan where the width and length of the plan and the volume of the house are not substantially changed shall not be sufficient change to grant a permit.

The adding to or subtracting from a standardized plan of small units, such as porches, bay windows, terraces, and other appurtenances, or changing or varying the slope or type of roof, or location or size of door and window openings, or changing or varying the style or design, or changing or varying the finish color of the exterior walls shall not be sufficient change to a standardized plan to warrant the granting of a permit for its erection in the Township.

Flag lots. In the AG-RR District only, up to two flag lots may be created per parent parcel as defined by the Land Division Act, being Act 288 of the Public Acts of 1967,[1] as amended. Flag lots shall meet the following requirements:

Other uses. Manufactured housing communities, multiple-family developments, commercial shopping centers, combinations of uses, or office parks and planned unit developments do not need to have each building in the development meet this requirement, provided that adequate interior access and vehicular circulation is provided. All public and private road rights-of-way and access easements shall have a minimum width of 66 feet.

Front yard setback is measured perpendicular from the property line defining the subject property and the county road or street right-of-way.

Side yard setback is measured perpendicular from the side yard property line.

Rear yard setback is measured from the rear property line, either the rear line of another property or an alley right-of-way line.

Fences associated with a farm operation or hobby farm in the AG-RR District.

Decorative fences as defined herein.

Symmetrical construction having identical inside and outside face appearance, including main anchor posts and frame members.

Offset construction with main anchor posts and horizontal and vertical frame members visible on the inside face only and vertical and horizontal face members or materials mounted on the outside surface of the frame and anchor post members.

A landscape plan required under the terms of this section shall be prepared by a registered landscape architect or by a qualified landscape designer. Such landscape plan shall provide, to the greatest extent possible, for the preservation and protection of existing natural features on the site. The landscape plan shall address at least the following items:

In all developments other than single-family detached developments, all lots shall have a minimum of 25% of total lot area devoted to landscaped open space. Landscaped open space shall not include driveways and parking areas. To the greatest extent possible, existing trees over five inches diameter at breast height shall be retained and protected. Areas of a site plan intended for stormwater detention or retention shall only be included in such required minimum landscaped area if formally landscaped with shrubbery and turf and contoured such that no fencing shall be required.

All required site plans shall include the location of all existing trees having five inches or greater diameter breast height, identified by common or botanical name. Trees proposed to remain, to be transplanted or to be removed shall be so designated. A cluster of trees standing in close proximity (three feet to five feet or closer) may be designated as a "stand" of trees, and the predominant species, estimated number, and average size shall be indicated.

The area between the edge of the street pavement and property line, with the exception of paved driveways, sidewalks and parking areas permitted by this chapter, shall be used exclusively for the planting and growing of trees, shrubs, lawns, and other landscaping designed, planted and maintained to serve as a healthy and attractive amenity on the site.

In the event a proposed development includes uses more intense in terms of noise, lighting, traffic, residential density or similar impacts than an existing adjoining use, the landscape plan shall include provision for plantings or other aesthetic screening to mitigate and lessen the potential impact on such adjoining land use.

The applicant shall replace any trees, shrubbery or other plantings that fail to become established and remain viable for a period of two years following completion of all construction on the site. In accordance with § 380-16.05G, the Township shall require an irrevocable bank letter of credit, certified check or cash in an amount as determined by the Township, which shall be sufficient to assure the establishment of a viable landscaped area. In the event any of the landscaped materials do not become established and the applicant shall fail to provide a viable replacement, the Township shall utilize such irrevocable bank letter of credit, certified check or cash to install replacement landscaping materials. After two years of demonstrated viability of all landscape materials, the remaining balance, if any, of such irrevocable bank letter of credit, certified check or cash shall be returned to the applicant.

All landscaped areas required pursuant to this section shall be equipped with a watering system capable of providing sufficient water to maintain plants in a healthy condition. Irrigation systems shall be maintained in good working order.

Intent. The intent of this section is to establish minimum standards for the design, installation, and maintenance of landscaping along public streets, as buffer areas between uses, on the interior of sites, within parking lots, and adjacent to buildings. Landscaping is a critical element contributing to the aesthetics, development quality, stability of property values, and the overall rural character in the Township. The standards of this section are also intended to screen headlights to reduce glare, integrate various elements of a site, help ensure compatibility between land uses, minimize negative impacts of stormwater runoff, and promote the preservation of healthy, desirable trees. The landscape standards of this section are considered the minimum necessary to achieve the intent. In several instances, the standards are intentionally flexible to encourage creative design. Applicants are encouraged to provide additional landscaping to improve the function, appearance, and value of their property.

Parking lot landscaping shall be designed and installed in accordance with § 380-13.04.

Buffers between uses. For nonresidential developments, there shall be provided and maintained on those sides abutting or adjacent to a residential zoning district and/or a current residential use a masonry wall or wooden privacy fence six feet in height, or between six feet and eight feet in height in industrial districts, or a totally obscuring landscape buffer or berm, at least partially comprised of evergreen trees, sufficient to provide adequate, year-round screening between uses for the purpose of protecting the quality and integrity of the residential use.

Front yard landscaping. In addition to the provisions of § 380-13.04, where front yard parking exists or is proposed, a minimum of one deciduous tree shall be planted between the parking area and the street per every 30 feet of linear frontage. Base plantings, such as shrubs and perennials, shall be required along the front of the building. Additional front yard landscaping is encouraged and may be required by the Planning Commission where it is found that such additional landscaping would enhance and protect the Township's rural character.

Planting specifications. Plant materials permitted in required landscaped areas shall be hardy to the climate of Michigan, long-lived, resistant to disease and insect attack, and shall have orderly growth characteristics.

The following plant materials are not permitted for planting in a public right-of-way or as required by the minimum landscaping standards of this chapter due to susceptibility to storm damage, propensity for root clog of drains and sewers, susceptibility to disease or insect pests, or other undesirable characteristics, such as being an exotic invasive species: silver maple, box elder, thorned honey locust, gingko (female), mulberry, black locust, willow, Siberian elm, slippery elm and red elm, Chinese elm, horse chestnut, poplar, ailanthus, catalpa, Osage orange, cottonwood, European barberry, purple loosestrife, autumn olive, and Russian olive.

The following types of outdoor lighting shall not be covered by this chapter:

The following types of lighting shall be regulated by this chapter:

Lighting shall be designed and constructed in such a manner to:

The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, shape, and size.

The screening design and construction shall be subject to the approval of the Zoning Administrator or Planning Commission, when applicable, and shall blend with the design of the structures and include appropriately installed and maintained landscaping when on the ground.

Adequate screening shall consist of a six-foot-high solid fence, or similar visual screen of suitable shrubs, spaced at intervals of not more than four feet, maintained within 15 feet of the property line separating the uses.

All fences, hedges, walls, and shrubs must be maintained in good condition. No advertising shall be permitted on fences adjoining residential districts.

Fences, walls, and hedges under six feet may be located in any yard or court, except as regulated by § 380-12.05.

Emergency or temporary parking in any street, alley or highway of a travel trailer, boat, motor home, camping bus, or any similar vehicle, boat trailer or vehicle licensed to operate on the public highways or trailer for such vehicle will be permitted for a period not to exceed 24 hours subject to any other and further regulations or ordinances for that street, alley or highway.

The storage of recreational vehicles in any residential zoning district shall only be allowed when in compliance with the following conditions:

The occupancy of travel trailers for more than 72 hours as a temporary dwelling is prohibited.

The parcels to be served by the private road are without important natural features nor do they include prime or unique agricultural soils.

The proposed private road will be no more extensive than necessary to provide access to lots in a proposed development and will not be designed for future extension.

The area of the lots to be served by the private road shall be no greater than necessary to result in a usable parcel of the lesser of one acre or an area sufficient for a residence with on-site water and wastewater system.

Residential developments containing single-family dwellings, attached multiple-family dwellings, such as attached condominiums, apartments and other similar multiple-family residential developments, such as retirement communities consisting of attached dwelling units; and

Multiple-building commercial and/or office developments; multiple-building industrial developments.

The private road easements shall be at least 66 feet in width.

The area in which the private road is located shall have a minimum cleared width of 30 feet and a minimum cleared height of 15 feet.

All private roads which provide access to three but not more than seven lots shall be designed, constructed and maintained pursuant to the illustration depicted on Exhibit A hereto; provided, however, that any private road that extends for a distance of greater than 1,320 feet measured along the center line of such road shall be designed, constructed and maintained pursuant to the illustration depicted on Exhibit B hereto.[1]

All private roads which provide access to eight or more lots shall be designed, installed and maintained pursuant to the illustration depicted on Exhibit B hereto.

The private road surface shall have a minimum crown of 2/10 foot from the center line of the road to the outside edge thereof.

The maximum longitudinal road grade shall not exceed 6%, provided the Township may allow up to a 10% grade if the Township is satisfied that such an increase in road grade will not adversely affect public safety or cause undue erosion.

A private road shall be constructed so as to sufficiently control stormwater runoff, by means of seepage basins, culverts and drainage contours and/or by such other effective methods as may be required by the Township Engineer, so as to ensure adequate drainage and control of stormwater runoff.

The method and construction technique to be used in the crossing of any natural stream, wetland or drainage course, by a private road, shall satisfy the requirements of the Township Engineer and any other governmental agency having jurisdiction.

All lots or parcels utilizing a private road shall have frontage on the private road that is equal to the frontage requirement for the zoning district in which the lot is located.

All private roads shall have a recorded permanent right-of-way or easement. The right-of-way or easement shall expressly permit public utilities to be installed, operated and maintained within the right-of-way, and shall be in form and substance approved by the Township Attorney.

The layout of the private road and the intersections of the private road with either a public or private road shall be such that clear vision, safe turning and travel in all directions at the posted speed limit is reasonably assured. The minimum distance between intersections of a public and/or private road right-of-way shall not be less than 150 feet, as measured along the right-of-way lines thereof.

All private roads shall be named and identified by use of appropriately located road name signs. Road names shall not duplicate or be substantially similar to any existing road name in the county, except in the case of the continuation of an existing road. All lots fronting on a private road shall have an address on the private road. The address number of each dwelling shall be displayed in the manner such that it is readily visible from the private road, and each of the numbers shall be at least three inches in height.

A stop sign conforming to the requirements of Berrien County Road Commission shall be provided at each exit point from the private road to the public road.

All private roads, whether new or existing, shall at all times be improved, maintained, repaired and snowplowed so as to ensure that the private road is safe for travel at all times and so that suitable access is provided for emergency vehicles, in addition to meeting the specific standards stated in this section. All persons who own property which abuts a private road are jointly and severally responsible for compliance with this requirement.

The name(s), addresses and telephone numbers of the owners and any other parties having any legal interest in the private road and the property across which it is to be constructed, along with the permanent parcel numbers(s) of all lots and parcels to be accessed by the private road.

A drawing(s), prepared and sealed by a professional engineer and/or surveyor licensed by the State of Michigan, with a scale not less than one inch equals 200 feet, containing the following information:

A copy of the recordable legal instrument(s) describing and granting the private road easement(s).

A copy of a recordable private road maintenance agreement or restrictive covenant that contains the following:

The applicant shall agree, in writing, that it will assure that any properties then existing or thereafter created which are accessed by the private road shall be subject to the road maintenance or restrictive covenant agreement and that said agreement shall be recorded and run with the land. A copy of said agreement shall be furnished to the Township Attorney prior to recording. Prior to recording, the road maintenance or restrictive covenant agreement shall be revised to address comments provided by the Township Attorney. A recorded copy of the final road maintenance or restrictive covenant agreement shall be provided to the Building Inspector and Township Attorney by the applicant before any building permit is issued for any property accessed by the private road.

The applicant shall agree, in writing, that by applying for and securing a permit to construct the private road, it shall indemnify, save and hold the Township, and its officers, employees and agents, harmless from any and all claims for personal injury and/or property damage arising out of the failure to properly construct, maintain, repair and replace the private road. This indemnification shall be included in the maintenance agreement recorded for the private road, and the duty to indemnify the Township shall be delegated to subsequent property owners.

A soil erosion and sedimentation control permit as issued by the Drain Commissioner or other agency having jurisdiction, if applicable.

A driveway permit issued by the Road Commission and approval from the Road Commission of the proposed road name.

Permit and escrow fees in the amounts periodically established by resolution of the Township Board.

The name of the applicant's private road construction contractor and a statement of the contractor's experience in road construction.

An application for a private road shall be submitted to the Zoning Administrator, who shall forward the same to any Township planning, engineering or legal consultants for their comments. If the application is complete, the Zoning Administrator shall forward the application to the Planning Commission, together with the comments thereon from the Township Planner, the Township Attorney and the Township Engineer. If the application is not complete, the Zoning Administrator shall return the application to the applicant with a written explanation of the deficiencies or omissions to be corrected.

After receipt of a complete application from the Zoning Administrator, the Planning Commission shall consider such application at a public meeting and shall conduct a public hearing. Notice for the public hearing shall be made pursuant to § 380-21.06 of this chapter. If the private road is included in a proposed planned unit development, special land use, site condominium or other land development requiring Planning Commission consideration, then the Commission may consider approval of the private road as a part of the consideration for that development.

The Planning Commission shall review the application for the private road, and shall not recommend the approval of the application to the Township Board of Trustees unless each of the following standards has been satisfied:

The Planning Commission may recommend and the Township Board of Trustees may require that the applicant complies with reasonable terms and conditions relating to the placement, design, construction and use of the private road, consistent with the terms of this section and other applicable provisions of this chapter. The Township Board of Trustees need not follow the recommendations of the Planning Commission and may impose fewer or additional conditions as it deems necessary and appropriate to enforce the terms of this chapter.

Following review and approval of a proposed private road by the Township, the Township Building Inspector may, upon the recommendation of the Township Engineer, determine whether to issue a construction permit for the private road.

As a condition of approval of a private road and the issuance of a construction permit therefor, the Township may require that the applicant provides a performance bond with an acceptable surety, or a letter of credit, conditioned upon the timely and faithful performance by the applicant under the terms of this section and under the terms and conditions of any approval given for the private road.

Neither the Township's approval of a private road nor the Building Inspector's issuance of a construction permit for a private road constitutes authorization for the construction or occupancy of a structure that will be served by the private road.

Upon completion of construction of a private road, the Building Inspector, or his or her designee, shall inspect the completed construction to determine whether it complies with the approved plans and specifications for the road, the approval given therefor by the Township and Building Inspector, and the terms of this section and other applicable provisions of this chapter.

The applicant shall provide the Township with a set of as-built drawings bearing a certificate and statement from a registered engineer, certifying that the private road has been completed in accordance with the requirements of this section and other provisions of this chapter and with the terms of approvals given by the Township and Building Inspector.

After receiving the certified as-built drawings and following the Building Inspector's review of the completed construction, the Building Inspector may issue and submit to the applicant a certificate of compliance, stating that, based upon the inspection of the construction, the private road complies with this section, other applicable provisions of this chapter and the Township and Building Inspector approvals. If, however, the completed private road does not satisfy the requirements of this section, other applicable provisions of this chapter or approvals given by the Township and/or Building Inspector, the Building Inspector shall notify the applicant, in writing, of such noncompliance and shall provide the applicant a reasonable period of time in which to correct the stated deficiencies. The Building Inspector may issue a certificate of compliance once the deficiencies have been corrected.

No building permits or other permits shall be issued for any dwelling or other building, structure or use, the primary access to which is to be provided by a private road, until the private road has been approved in accordance with this chapter and until a private road construction permit and a certificate of compliance have been issued, except as stated in Subsection F hereof.

An occupancy permit for a dwelling or other building, the primary access to which is to be provided by a private road, shall not be issued until the private road has been laid out and constructed in accordance with the requirements of this § 380-12.17 and with the terms of approvals given by the Township.

Conform with applicable minimum development standards, including but not limited to setbacks, off-street parking and loading, and signs;

Maintain adequate setbacks between stalls, fixtures and equipment to allow emergency access;

Be compatible with the physical character and the use of nearby properties;

Not adversely impact the public health, safety, and general welfare of the Township, its residents and businesses.

The generation of traffic and congestion.

The production of noise.

The production of fumes or odors.

The production of dust or other debris.

The consistency with the intent of the district in which it is located.

Submit a conceptual plan of division of the parcel. This conceptual plan shall contain proposed parcels, roads, rights-of-way, areas which are not in the buildable area, and other pertinent features, in compliance with Township ordinances and stipulations. This plan must be drawn to scale; or

Multiply the buildable area of the parcel, as defined herein, by 85% to account for rights-of-way, and divide the result by the minimum parcel area in the zoning district.

Based on the site analysis, the applicant shall identify the portion of the parcel to be maintained in the perpetually undeveloped state, incorporating features in the following order of priority, to the greatest extent possible:

Lands running parallel to an existing public road adjoining the parcel to a depth of not less than 30 feet shall be included within the preserved open lands and shall be maintained as natural woodlands. If such lands do not include existing forest, the applicant shall commit to a reforestation plan, sufficient to provide visual screening to the development, within not more than 10 years.

Any portion of the open space with a least dimension of less than 50 feet shall not be considered a part of the open space for the purpose of determining the required 50% provided in this section.

Lands to be included within permanently dedicated open space may not include areas containing or impacted by gas or oil wells, personal wireless communication facilities, electrical transmission lines or similar elements; but may include detention or retention facilities if designed to reflect a natural wetland.