Three Oaks Township, MI Zoning Ordinance

Three Oaks Township
City Zoning Code

ARTICLE XVI

Site Plan Review

§ 380-16.01 Purpose.

The intent of this article is to provide for consultation and cooperation between the applicant and the Planning Commission in order that the applicant may accomplish his/her objectives in the utilization of land within the regulations of this chapter, with minimal adverse effect on the land, shores, roadways, natural features, infrastructure, and on existing and future uses of property in the immediate vicinity, and to ensure that a proposed land use or activity is in compliance with this chapter. In this connection, a site plan includes the documents and drawings required by this chapter to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.

§ 380-16.02 Scope.

A site plan shall be prepared pursuant to this Article XVI for all permitted and special land uses under this chapter, with the exception of buildings used in connection with a farm operation. For single-family dwellings, minor home occupations and accessory buildings with a footprint less than or equal to that of the principal dwelling, a sketch plan may be substituted for a complete site plan when it illustrates the parcel boundaries, the location of existing and proposed structures and any natural features on the site. When site plan review is required by another section of this chapter, the Zoning Administrator shall not issue a land use permit for construction of any use until a site plan, submitted in accordance with this section, shall have been reviewed and approved by the Planning Commission.

§ 380-16.03 Optional sketch plan review.

Preliminary sketches of proposed site and development plans may be submitted for review to the Zoning Administrator and/or the Planning Commission or a committee of the Planning Commission, prior to official review and approval. The purpose of such procedure is to allow discussion between an applicant and the Zoning Administrator and/or Planning Commission, to better inform the applicant of the acceptability of the proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.

Such sketch plans shall, at a minimum, include the following:

(1)

The name and address of the applicant or developer, including names and addresses of any officers of a corporation or partners of a partnership, together with telephone numbers.

(2)

Legal description, property parcel number, and street address of the subject parcel of land.

(3)

Sketch plans showing tentative site and development plans, produced on a scaled drawing illustrating existing and proposed structures, parcel boundaries, natural features, and all improvements, easements, streets, and sidewalks.

The Planning Commission shall not be bound by any comments or observations made pertaining to a sketch plan.

§ 380-16.04 Application procedure.

A request for site plan review shall be made by filing with the Zoning Administrator the required filing fee and escrow, the application form and a site plan that contains all of the information required in this section, together with any special studies required. The Planning Commission may waive any site plan application submittal requirement upon a finding that the required information is not applicable to the site.

An application fee and review escrow as determined by resolution of the Township Board.

A copy of the completed application form for site plan review, which shall contain, as a minimum, the following information:

(1)

Name and address of the applicant and property owner;

(2)

Address and common description of property and complete legal description;

(3)

Dimensions of land and total acreage;

(4)

Zoning on the site and all adjacent properties;

(5)

Description of proposed project or use, type of building or structures, and name of proposed development, if applicable;

(6)

Name and address of firm or individual who prepared the site plan; and

(7)

Proof of property ownership or intent to purchase.

Twelve copies of the site plan, as well as one disk with a .pdf file of the site plan, and one 11 inches by 17 inches reduced copy of the site plan. It shall be prepared by an engineer, architect, landscape architect or planner licensed to work in Michigan and shall include and illustrate, at a minimum, the following information:

(1)

Site plan description and identification data.

(a)

An overall plan for the entire development, drawn to an engineer's scale of not less than one inch equals 50 feet for property less than three acres, or one inch equals 100 feet for property three acres or more in size;

(b)

Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions;

(c)

Scale and North arrow;

(d)

Location map drawn to a separate scale with North point, showing surrounding land, water features, zoning and streets within a quarter mile;

(e)

Legal and common description of the property;

(f)

Identification of architect, engineer, or land surveyor who prepared the drawings (identification and seal required for detailed site plans);

(g)

Zoning classification of petitioner's parcel and all abutting parcels;

(h)

Proximity to section corner and major thoroughfares;

(i)

Net acreage (minus rights-of-way) and total acreage; and

(j)

Boundary survey in compliance with PA 132.[1]

[1]

Editor's Note: See MCLA § 54.211 et seq.

(2)

Site data.

(a)

Existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site;

(b)

Topography on the site and within 100 feet of the site at two-foot contour intervals, referenced to a USGS bench mark;

(c)

Proposed lot lines, lot dimensions, property lines, setback dimensions, structures, and other improvements on the site and within 100 feet of the site;

(d)

Location of existing drainage courses, streams and wetlands, if applicable;

(e)

All existing and proposed easements;

(f)

Location of exterior lighting (site and building lighting);

(g)

Location of trash receptacle(s), dumpsters and transformer pad(s) and method of screening; and

(h)

Extent of any outdoor sales or display area.

(3)

Access and circulation.

(a)

Dimensions, curve radii and center lines of existing and proposed access points, roads and road rights-of-way or access easements;

(b)

Opposing driveways and intersections within 250 feet of site;

(c)

Cross-section details of proposed roads, driveways, parking lots, sidewalks and nonmotorized paths, illustrating materials and thickness;

(d)

Dimensions of acceleration, deceleration, and passing lanes;

(e)

Proposed road locations and widths;

(f)

Proposed road grades;

(g)

Dimensions of parking spaces, islands, circulation aisles and loading zones;

(h)

Calculations for required number of parking and loading spaces;

(i)

Designation of fire lanes;

(j)

Traffic regulatory signs and pavement markings;

(k)

Location of existing and proposed sidewalks/pathways within the site or right-of-way;

(l)

Location, height, and outside dimensions of all storage areas and facilities.

(4)

Landscape plans.

(a)

General location of existing trees;

(b)

Location, sizes, and types of existing trees six inches or greater in diameter, with an identification of materials to be removed and materials to be preserved;

(c)

Description of methods to preserve existing landscaping;

(d)

The location of existing and proposed lawns and landscaped areas;

(e)

Landscape plan, including location and type of proposed shrubs, trees, and other plant material;

(f)

Landscape irrigation plan;

(g)

Planting list for proposed landscape materials with caliper size or height of material, method of installation, botanical and common names, and quantity.

(5)

Building and structure details.

(a)

Location, height, and outside dimensions of all proposed buildings or structures;

(b)

Building floor plans and total floor area;

(c)

Details on accessory structures and any screening;

(d)

Location, size, height and material of construction for all obscuring wall(s) or berm(s) with cross-sections, where required;

(e)

Building facade elevations for all sides, drawn at an appropriate scale;

(f)

Existing and proposed grades;

(g)

Description of exterior building materials and colors; and

(h)

Digital renderings illustrating the appearance of the site both before and after site development shall be required for any proposal that includes more than 50 dwellings or has more than 50,000 square feet of floor area.

(6)

Information regarding utilities, drainage and related issues.

(a)

Location of sanitary sewers and septic systems, existing and proposed;

(b)

Location and size of existing and proposed water mains, well sites, water service, storm sewers loads, and fire hydrants;

(c)

Conceptual drainage plan;

(d)

Site grading, drainage patterns and other stormwater management measures;

(e)

Stormwater retention and detention ponds, including grading, side slopes, depth, high-water elevation, volume and outfalls; also list the nonstructural design strategies used to reduce runoff from the subject property (such as use of native plants, rain gardens, porous pavement or other infiltration techniques);

(f)

A drainage plan prepared and sealed by a licensed professional engineer, identifying measures to be used for control and disposal of stormwater runoff from the site. The drainage plan shall identify sizes and dimensions of all drainage structures, and the method, assumptions, and calculations used in the design of drainage facilities and control of runoff;

(g)

Location of above- and below-ground gas, electric and telephone lines;

(h)

Location of transformers and utility boxes;

(i)

Size, height and method of shielding for all site and building lighting;

(j)

Location, size, height, and lighting of all proposed site and wall signs;

(k)

Photometric grid indicating lighting intensities on the site and at all site boundaries.

(7)

Additional information required for site condominium projects, townhomes, and/or multiunit development.

(a)

The number and location of each type of residential unit (one-bedroom units, two-bedroom units);

(b)

Density calculations by type of residential unit (dwelling units per acre);

(c)

Garage and/or carport locations and details, if proposed;

(d)

Mailbox clusters;

(e)

Location, dimensions, floor plans and elevations of common building(s), if applicable;

(f)

Swimming pool fencing detail, including height and type of fence, if applicable;

(g)

Location and size of recreation and open space areas;

(h)

Indication of type of recreation facilities proposed for recreation area;

(i)

Master deed and bylaws, if applicable; and

(j)

Design standards, if applicable.

(8)

Other required information.

(a)

Maintenance agreement, when applicable.

(b)

Easements, when applicable.

Special studies or research. For complex site plans and/or for land uses that may generate significant impacts on surrounding land uses or public facilities, the Zoning Administrator or Planning Commission may require any, all or any part of the following reports or studies as a part of a detailed site plan.

(1)

Environmental assessment. An "environmental assessment" shall be a summary review of the environmental impacts of a project in accordance with the following standards:

(a)

The purpose of the environmental assessment shall be:

[1]

To provide relevant information to the Zoning Administrator or Planning Commission on the potential environmental impact of applications for special land use permits for substantial projects that may have an impact on the natural, social and economic environment of the Township;

[2]

To inject into the developer's planning process consideration of the characteristics of the land and the interests of the community at large; and

[3]

To facilitate participation of the citizens of the community in the review of substantial developments.

(b)

Guidelines. When required by the Planning Commission or the Zoning Administrator pursuant to this section, an applicant shall prepare an environmental assessment in accordance with these guidelines. An environmental assessment is not an environmental impact statement, but rather a summary review of the site in question considering the past and present land uses and the proposed development. The analysis is intended to determine how the proposed development will meet the goals of the community as they are expressed in the development plan. The complexity of the environmental assessment will depend on the scope of the project and the magnitude of the potential impact. In preparing the environmental assessment, judgment should be exercised to keep the form and extent of responses in proportion to the scope of the project. Each answer is to be as brief as practicable, although the Planning Commission or Zoning Administrator may request further elaboration. The Planning Commission or Zoning Administrator may waive elements of these guidelines as either not applicable or previously addressed in other submittals, on a case-by-case basis. All information must be submitted in the following format and shall not merely reference a study or report completed previously; rather, whenever possible, the environmental assessment report shall incorporate a summary of the findings of such study or report in addition to such cross references. In addition, any cross-referenced study or report shall be submitted with the environmental assessment.

(c)

Content. The following material shall be included and/or addressed in the environmental assessment, unless specifically waived by the Zoning Administrator or Planning Commission as not applicable:

[1]

A description of the site in its current condition. This shall indicate any buildings to be preserved and those to be removed along with an indication of what will be done with the demolition debris. This must also include information on:

[a]

Flora and fauna (be sure to list any endangered species on site).

[b]

General topography and drainage patterns, including any regulated features, such as wetlands, high-risk erosion areas or other features.

[c]

Adjacent waterways.

[d]

Existing wells, approximate depth and use.

[2]

A description of any asbestos abatement proposed for the site. If applicable, this shall include a description of the method, to be sure this material does not get into the surrounding area.

[3]

A description of any existing contamination on site. This should include a description of the nature of the contamination on site and what will be done on this project to mitigate or contain it, including the proposed methodology and any state or federal regulatory agency reviews that may apply. If the project includes work that may disturb or displace existing contaminated soils or water, this should include a description of proposed methods to contain and/or dispose of the generated waste.

[4]

If the proposed project will impact any coastal areas or floodplain or involve riparian work along adjacent waterways, a description of the proposed work and the methodology proposed to protect waterways shall be provided.

[5]

A description of the existing soils on site and as to the suitability of these soils for the proposed use.

[6]

A description of any historical or archeological significance associated with the site. If any such areas are present, this shall include a description of methods to protect and preserve any historic or archeological resources.

[7]

A description of any emissions from the proposed development as it relates to air quality. If any emissions are proposed, this shall include a description of each constituent and the effects of each constituent to nature and human life.

[8]

A description of any hazardous materials or waste to be stored on site. This shall include a description of proposed methods to contain such materials and prevent any migration into adjoining soils or groundwater or into the atmosphere.

[9]

A description of any stormwater or process water discharges from the site. This shall include a characterization of such discharge in terms of the quantity, quality and chemical constituents and temperature and a description of the possible effects this discharge may have on the receiving waters.

[10]

If a federal, state, or local regulatory authority has conducted an environmental assessment, environmental impact statement, or a preliminary assessment/site inspection or environmental survey of the site, a brief description of the findings and provide a copy of the report or results.

[11]

A description of the anticipated noise levels to be generated at all property lines of the proposed use. This shall include a description of measures proposed to mitigate noise.

[12]

A description of the anticipated traffic to be generated by the proposed use.

[13]

A description of plans for site restoration after construction.

[14]

A description of methods to handle sanitary waste for the project both during construction and after completion.

[15]

A description of how potable water will be provided to the site. If any on-site wells are proposed or any lake-draw systems are proposed for the project, this shall include a description of the type of well or lake-draw system, any regulatory requirements that may apply and the status of such regulatory approval.

[16]

A description of any additional items as needed to relay the potential environmental impacts of the proposed project.

[17]

The individual preparing the environmental assessment must sign and seal (if prepared by a registered engineer, land surveyor, community planner or landscape architect) the submitted document.

(2)

Traffic impact study. The Zoning Administrator or Planning Commission may require that a traffic impact study completed by qualified professional be prepared as an attachment to a site plan submitted for any development in the Township meeting the requirements of this section. The purpose of this subsection is to set forth the standards to be used by the Zoning Administrator or Planning Commission in requiring the submission of such a traffic impact study, the required minimum content of such a study and the standards and procedures for the review of its findings.

(a)

Description. A traffic impact study shall include an analysis of the existing traffic conditions on the roadway network in the vicinity of a proposed project, including any accident history, average speeds, average daily and peak hour traffic volumes and levels of service of all key roadway segments and intersections. The study shall further indicate the effect of a proposed development on adjacent roadways and intersections and indicate the anticipated points of origin, direction and volume of traffic flow to and from the proposed development. The study shall be prepared by either a registered professional engineer (PE) or transportation planner with at least five years of experience preparing traffic impact studies in Michigan. The study shall include a summary of the qualifications and documented experience of the author and specifically describing experience in preparing traffic impact studies in Michigan. If the traffic impact study involves geometric design recommendations, the study shall be prepared or supervised by a registered engineer with a strong background in traffic engineering.

(b)

Criteria for requiring a traffic impact study. The Zoning Administrator or Planning Commission may require that a traffic impact study be prepared as an attachment to a site plan for any proposed commercial, industrial, residential or mixed-use development which has the potential to significantly increase traffic volumes on the surrounding roadway network. In determining the level of potential impact, the Zoning Administrator or Planning Commission shall consult appropriate planning and engineering texts, including, but not limited to, Trip Generation, published by the Institute of Transportation Engineers, and may seek the counsel of other professionals with experience with developments similar to that proposed. A traffic impact study may be required under this subsection when, in the judgment of the Zoning Administrator or Planning Commission, the proposed development will result in an increase of either the average daily traffic or the peak hour traffic equal to or greater than 10% of the current traffic volume on the adjoining roadway.

(c)

Required study content. In general, a required traffic impact study shall document existing conditions on the existing roadway network, including all intersections within one mile of the proposed development, including average daily traffic and peak hour volumes in all directions, existing turning movements, levels of service, average traffic speeds and accident history. Existing pedestrian and nonmotorized traffic volumes shall also be estimated. The traffic impact study shall project the impact of the proposed development on the roadway network, including all intersections within one mile of the proposed development, including projected average daily traffic and peak hour volumes in all directions, anticipated turning movements and anticipated levels of service. Anticipated impacts on pedestrian and nonmotorized traffic volumes shall also be projected. The following specific elements shall be addressed in a required traffic impact study, unless specifically waived by the Zoning Administrator or Planning Commission:

[1]

A narrative summary at the beginning of the report, including, but not limited to:

[a]

The applicant and project name.

[b]

A location map.

[c]

The size and type of development.

[d]

Generated traffic volumes based on type and size of land use which are compatible with those listed in the Institute of Transportation Engineers' publication, Trip Generation (current edition).

[2]

Project phasing identifying the year of development activities per phase and proposed access plan for each phase.

[3]

A transportation system inventory which describes the physical, functional and operational characteristics of the study area highway system and, where appropriate, locate transit services. The description should provide, where pertinent, data on:

[a]

Peak hour volumes (existing and projected).

[b]

Number of lanes.

[c]

Cross section.

[d]

Intersection traffic signals and configuration.

[e]

Traffic signal progression.

[f]

Percentage of heavy trucks.

[g]

Adjacent access point locations.

[h]

Jurisdiction.

[i]

Grades.

[4]

Plan showing proposed roadway per phase for each access. Driveway design and roadway improvements shall meet Michigan Department of Transportation (MDOT) or Three Oaks Charter Township standards and guides.

[5]

Capacity analysis shall be performed at each access point. The Township's preference is the use of Highway Capacity Software (HCS 2000^™), or a later version thereof. Default values shall not be used when actual values are reasonably available or obtainable. The interaction of conflicting traffic movements shall be addressed in the traffic impact study. Any proposed signalized access within one mile of an existing signalized intersection shall be analyzed in coordination with the existing signal timing. A time-space diagram should also be included.

[6]

A traffic impact study shall include an analysis of conditions with and without the proposed development on the existing system, and with the proposed development for both existing and projected traffic volumes. The traffic volumes for the development shall assume a total build-out. The completed analysis shall be summarized in a table showing all the measures of effectiveness (MOE) for all of the above conditions.

[7]

Required operational changes shall be part of the site plan review and any access permit approval process.

(d)

Evaluation and criteria. As a general criteria, the existing roadway network and all access points to a proposed development shall be demonstrated to be fully capable of accommodating the increased average and peak hour traffic anticipated. In the event the anticipated level of service on any roadway segment or intersection is shown to decline, the traffic impact study shall present alternative approaches proposed to manage anticipated traffic without such decline.

(e)

The Zoning Administrator may be provided to the Township Engineer, Planner and/or an independent traffic engineer or transportation planner to review and comment on any traffic impact study prepared pursuant to this subsection. The cost of any such review shall be borne by the applicant.

(3)

Market study. For unique development proposals, projects that may entail some financial expense or risk on the part of the Township and/or projects that may, in the judgment of the Planning Commission or Zoning Administrator, fundamentally alter the character of the community, the Planning Commission or Zoning Administrator may require a market study to demonstrate a reasonable expectation that a market exists for a proposed development. Such a study shall be prepared in accord with this subsection.

(a)

Description. A "market study" shall be a detailed and documented analysis of the existing and projected economic conditions in the community that may impact both the proposed demand for the products or services to be generated on a site and the impact on other potentially competing businesses and services in the community that may result from the proposed development.

(b)

Content. Unless specifically waived by the Zoning Administrator or Planning Commission, a market study shall include the following elements:

[1]

An executive summary which outlines the key findings of the study.

[2]

The background for the study, including both project background and the methodology and approach used.

[3]

An overview of the market area, including area demographic information and a description of the transportation and service infrastructure that would serve the proposed development.

[4]

A trade area delineation describing the likely geographic area that may be influenced by the proposed development, along with detail on the methodology used in defining the trade area.

[5]

A market feasibility analysis that defines the supply of competing facilities existing and planned in the marketplace, the inventory of alternative sources of supply or services that may compete with the proposed development and the demand for the products and services to be provided by the proposed development. This shall include a supply/demand gap analysis and a description of the ways in which the proposed development may address the gap defined.

[6]

The credentials of the author(s) of the market study.

(c)

Evaluation. The Zoning Administrator and/or Planning Commission shall review the market study to be satisfied that there is a reasonable expectation that the proposed development will meet with economic success without creating excessive dislocations within the existing marketplace.

§ 380-16.05 Action on application and site plans.

Completeness. Upon receipt of a submitted application and site plan, the Zoning Administrator shall review the plan to determine its completeness. If the submittal is incomplete, the Zoning Administrator shall provide the applicant with a list of items needed to make the submittal complete. If the site plan submittal is complete, the Zoning Administrator shall record the date of receipt and transmit copies thereof to each of the Planning Commissioner; the Fire Department, when necessary; to other area review agencies, such as the Township Engineer, Township Attorney, Township Planner, County Health Department, and Michigan Department of Transportation; and retain at least one copy in the Zoning Administrator's office.

Outside agency approvals. Prior to approval of a site plan, the applicant shall submit documentation indicating that the site plan has been reviewed and approved by any and all required outside agencies, as applicable, and that the plan has been amended as necessary to satisfy any conditions of said approval. Outside agencies for approval may include but are not limited to the following:

(1)

Berrien County Drain Commissioner (BCDC).

(2)

Berrien County Road Commission (BCRC).

(3)

Berrien County Health Department (BCHD).

(4)

Berrien County Planning Commission.

(5)

Michigan Department of Environmental Quality (MDEQ).

(6)

Federal Emergency Management Agency (FEMA).

(7)

Michigan Department of Transportation (MDOT).

Variance. If any condition or feature illustrated on a proposed site plan shall necessitate a variance of the provisions of this chapter, a decision on such variance shall be made by the Zoning Board of Appeals pursuant to Article XVIII before consideration of the site plan by the Planning Commission.

Optional hearing. A hearing to consider a site plan may be scheduled upon a decision by the Planning Commission that public input on the proposal may aid its consideration. If such hearing is scheduled, it shall be held within 45 days of the date of the Planning Commission decision to schedule it. The applicant and owners of property adjoining the subject site shall be notified of the date, time and place of the hearing on the application not less than three days prior to such date.

Decisions. After conducting any public hearing, the Planning Commission shall reject, approve, or conditionally approve the site plan, as it pertains to requirements and standards contained in this chapter. Any conditions required by the Planning Commission shall be stated, in writing, and shown on the site plan, together with the reasons and delivered to the applicant. Decisions by the Planning Commission shall be made within 100 days of the receipt of the completed application. Any conditions imposed on the application and site plan shall:

(1)

Be designed to protect natural resources; the health, safety, welfare, and social and economic well being of users of the land use or activity under consideration; residents and landowners immediately adjacent to the proposed land use or activity; and the community as a whole.

(2)

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of this chapter, and be related to the standards established in the chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

Record copies. If approved, two copies of the approved site plan meeting any and all conditions of approval shall be maintained as part of the Township records for future review and enforcement. One copy shall be returned to the applicant. Each copy shall be signed by the applicant and the Chair of the Planning Commission and/or the Zoning Administrator and dated with the date of approval for identification of the approved plans. If any variances from this chapter have been obtained from the Zoning Board of Appeals, the minutes concerning the variances, duly signed, shall also be filed with the Township records as a part of the site plan and delivered to the applicant for information and direction.

Guarantee. To ensure compliance with the site plan, chapter, and any conditions, limitations or requirements imposed on the applicant, the Zoning Administrator and/or Planning Commission may require a cash deposit, certified check, irrevocable bank letter of credit, or surety bond in an amount and under conditions permitted by law. Such security shall be deposited with the Township Treasurer at the time of permit issuance authorizing the commencement of such project. Where the project will take more than 90 days to be completed, the Zoning Administrator may authorize a return of a portion of the deposit in reasonable proportion to the completion of the required improvements. Such security shall not exceed the estimated cost to fulfill the required conditions, limitations established for the site plan.

§ 380-16.06 Review criteria.

In the process of reviewing a site plan, the Planning Commission shall consider:

Whether the streets and highways, water distribution lines and facilities, sanitary sewer collection lines and facilities, stormwater facilities, electrical utility lines, communications lines and equipment, sidewalks and other pedestrian access, and other infrastructure as they now exist and may be modified as part of or in conjunction with proposed project or action are reasonably sufficient for the needs existing and planned uses in the Township as a whole, the existing and planned uses in the vicinity of the site, and the existing and planned uses on the site, including during times of reasonably foreseeable strains on such infrastructure due to reasonably frequent weather events, special community-wide events, anticipated construction activity, or similar causes.

Whether the buildings, structures, and entrances thereto proposed to be located upon the site are so situated and so designed as to minimize adverse effects upon owners and occupants of adjacent properties and the neighborhood.

Whether natural features of the landscape are retained, particularly where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood or help control erosion or the discharge of stormwaters.

Whether there are any adverse effects of the proposed development, its uses and any activities emanating therefrom upon owners, occupants, residents, and uses of nearby property.

Whether the proposed development and uses comply with other Township ordinances.

Whether the proposed buildings and other structures on and uses of the site will be compatible with those on nearby property.

Whether the proposed buildings and other structures on and uses of the site will generally support and advance the policies and objectives of the Township's Development Plan.

Whether the proposed buildings and other structures on and uses of the site will comply with applicable laws, rules, regulations, permit and license requirements, orders and directives of other governmental agencies or officials of competent jurisdiction. There is no affirmative duty to make this determination. However, if it seems that violations are likely to result or exist, such likely violations can and should be considered.

Whether all buildings and structures are reasonably accessible to emergency vehicles.

Whether the buildings and structures on the site are accessible for regular maintenance, repair and improvement.

Whether the layout and location of any publicly owned utilities, roads, sidewalks or other infrastructure on the site allow for reasonably normal operation, use, maintenance, repair, replacement and improvement, including snow removal and storage. Except where mitigating circumstances prevent it, all electrical, telecommunication and similar utility systems shall be placed underground.

Whether the proposed development is consistent with the intent and purpose of zoning to promote public health, safety and general welfare; to encourage the use of lands in accordance with their character and adaptability; to avoid the overcrowding of population; to lessen congestion on the public roads and streets; to reduce hazards to life and property; to facilitate adequate provisions for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation and other public requirements; to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources and properties; to preserve property values and natural resources; and to give reasonable consideration to character of a particular area, its peculiar suitability for particular uses and the general appropriate trend and character of land, building, and population development.

Whether the development provides open areas, green space and other areas.

Whether the development accommodates sight lines and preserves views that are key assets of the community and its character.

Whether the development will be a significant asset to the community's economic development.

Whether the development includes best management practices, and green designs and construction materials and methodologies.

Whether all applicable local, regional, state and federal statutes are complied with.

§ 380-16.07 Conformity to approved site plans.

Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan and any amendments thereto which have received the approval of the Planning Commission and/or the Zoning Administrator. If construction and development does not conform to such approved plans, the approval shall be revoked by the Zoning Administrator by written notice of such revocation posted upon the premises involved and mailed to the applicant at the last known address. Upon revocation of such approval, all construction activities shall immediately cease upon the site, other than for the purpose of correcting the violation. However, the Planning Commission and/or the Zoning Administrator may, upon proper application, approve an amendment to the site plan pursuant to § 380-16.09.

§ 380-16.08 Term of approval of site plan.

Approval of the site plan shall be valid for a period of one year after the date of approval. The Planning Commission or Zoning Administrator may grant extensions if applied for and granted in writing. The reasons for extensions may be the inability to complete the requirements, financial constraints, regulatory approvals or other proven hardship. If a zoning permit has not been obtained and the on-site development actually commenced within said one year, the site plan approval shall become null and void and a site plan approval application shall be required and approved before any construction or earth change is commenced upon the site.

§ 380-16.09 Amendment to site plan.

No changes shall be made to an approved site plan prior to or during construction except upon application to the Zoning Administrator according to the following procedures:

The Zoning Administrator may approve minor amendments to a site plan, including:

(1)

Reduction in the number of parking spaces.

(2)

Changes in the building size, up to 5% of the gross floor area.

(3)

Movement of buildings or other structures by no more than 10 feet.

(4)

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

(5)

Changes to building materials to a comparable or higher quality.

(6)

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

(7)

Changes required or requested by the Township, the Berrien County Road Commission, or other county, state or federal regulatory agency in order to conform to other laws or regulations.

Major changes or amendments to an approved site plan involving a change of use, change in the number and location of accesses to public streets and alleys, a major relocation of a building, increase in the gross floor area or heights of buildings, a reduction in open space, and similar major changes as determined by the Zoning Administrator shall require the approval of the Planning Commission in the same manner as the original application was submitted, reviewed, and approved.

§ 380-16.10 Appeals.

With regard to site plan approval decisions, an appeal may be taken to the Zoning Board of Appeals in the manner as other administration decisions. The concurring vote of a majority of the members of said Board shall be necessary to reverse any decision by the Planning Commission, or to decide in favor of the applicant.