§ 153.180 SITE PLAN REVIEW.
   (A)   Developments, uses or activities requiring submittal of a site plan. A site plan shall be submitted to the township in accordance with the procedures in this section for any of the following activities, uses or developments except single-family and two-family dwellings constructed on a single lot or parcel:
      (1)   All new construction, structural alteration or substantial change in use, for all principal permitted uses in B-1, B-2, I-1 and I-2 Districts;
      (2)   All site condominium developments in any district;
      (3)   All special land uses in any district;
      (4)   Any use that requires a new, modified or expanded parking lot;
      (5)   All multiple-family residential developments and mobile home parks;
      (6)   The improvement, expansion, extension or abandonment of any public or private overhead or underground utility or utility lines or easement;
      (7)   All public buildings, structures and parks; and
      (8)   Private roads, in accordance with §§ 91.01 through 91.06.
   (B)   Site plan review process. Site plans shall be reviewed in conformance with the following process.
      (1)   Applicant applies to Township Clerk for pre-application conference with township planning consultant, to discuss the proposed site plan, review procedures, design elements and ordinance requirements. (Optional, but strongly recommended).
      (2)   Applicant initiates site plan review process by submitting the following information to the Township Clerk:
         (a)   Twelve copies of the completed site plan application form. Note: Incomplete applications, including insufficient plans, will not be processed until required information is submitted;
         (b)   Twelve copies of the site plan. A site plan submitted to the township for preliminary site plan review must contain all of the information set forth in division (C) below;
         (c)   Twelve copies of the “Hazardous Substance Reporting Form” and “Environmental Permits Checklist” (provided by township); and
         (d)   Payment of all applicable fees.
      (3)   Township Clerk, or designee, distributes complete application and site plan to Planning Commission, engineering consultant and planning consultant for their review. The Planning Commission may require review by other agencies to ensure compliance with applicable standards and requirements.
      (4)   When the completed application and site plan has been reviewed by the planning and engineering consultants, the application will be placed on the agenda of a meeting of the Planning Commission. The applicant will be notified of the date, time and place of the meeting at which the Planning Commission will consider the application; (NOTE: The applicant or a representative should attend all meetings at which their development is scheduled for discussion or action. Failure to appear at the meeting may cause the item to be tabled to the next meeting. The Planning Commission may take action on a scheduled agenda item regardless of the attendance of the applicant or a representative.)
      (5)   The Planning Commission conducts preliminary site plan review to determine compliance with applicable ordinance requirements. The Planning Commission will consider all review letters and reports from the planning and engineering consultants and, where necessary, other agencies, together with such information as the applicant may present concerning the application.
      (6)   Upon determination by the Planning Commission that a preliminary site plan is in compliance with the zoning ordinance, as amended, and other applicable standards and requirements, the applicant may then proceed to the final site plan review process. Where a preliminary site plan is in compliance except for minor required revisions, or if extensive revisions to the preliminary site plan are necessary to meet applicable standards and requirements, the required changes shall be stated in writing and the applicant shall revise the site plan and resubmit the site plan for final site plan review.
      (7)   The applicant initiates final site plan review by submitting the following information to the Township Clerk.
         (a)   Twelve copies of the site plan revised to address all preliminary plan review comments.
         (b)   Submission of any additional required information to address preliminary site plan review comments.
      (8)   After submission of the above plans and information, and completion of review and recommendation by the township planning and engineering consultants (if required), and other agencies, the application will be placed on the agenda of a meeting of the Planning Commission to consider final site plan approval. The applicant shall be notified of the date, time and place of the meeting.
      (9)   The Planning Commission shall approve, approve with conditions, or deny the final site plan after the Planning Commission has received the review and recommendation of the township’s consultants and other reviewing agencies, together with information the applicant may present concerning the application.
      (10)   Upon approval of the final site plan by the Planning Commission, such approval shall be indicated on the plan.
      (11)   If revisions to the final site plan are necessary to meet conditions of approval, ordinance requirements or standards, the final site plan shall be revised by the applicant and resubmitted to the Township Clerk for verification of compliance with necessary plan revisions. The Township Clerk may request assistance in verifying compliance with required plan revisions from the Planning Commission, township consultants or other applicable agencies.
      (12)   All denials, along with the reasons for denial, shall be indicated in writing. If the applicant desires to prepare an alternative plan, the same procedure as outlined above beginning with submittal of final site plans for Planning Commission review shall be followed.
      (13)   When all conditions of approval are met by the applicant the Township Planning Commission Chair shall stamp the final site plans “APPROVED” and shall transmit copies in accordance with the following:
 
Copy of Approved Plan Sent To
Number of Copies of Approved Plan
Applicant
1
Planning Commission Chair
1
Township Clerk
2
 
      (14)   Applicant applies for building permits.
   (C)   Submission requirements.
      (1)   Site plan application form contents.
         (a)   Applicant’s name, address and phone number;
         (b)   Name of proposed development;
         (c)   Common description of property and complete legal description;
         (d)   Gross and net acreage;
         (e)   Existing zoning of subject property and adjacent properties;
         (f)   Detailed description of the proposed use of the land;
         (g)   Name, address and phone number of:
            1.   Firm(s) or individual(s) who prepared site plan(s); and
            2.   Legal owner(s) of property.
         (h)   Signature of applicant and legal owner of property.
      (2)   Preliminary site plan submission/data requirements. The following information shall be detailed on the preliminary site plan:
         (a)   Name of development and title block;
         (b)   Location map showing site location, major roads and railroads;
         (c)   The site plan shall be drawn to scale not less than one inch equals 50 feet;
         (d)   Date, north arrow, and scale;
         (e)   Property identification number(s) and the dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties;
         (f)   Location of all existing and proposed structures and uses on the subject property;
         (g)   Required and proposed setback lines and distances between existing and proposed structures on the subject property;
         (h)   All existing and proposed aisles, drives, roads, parking areas and number of parking spaces and location of loading areas on the subject property;
         (i)   All existing and proposed roadways, structures, drives, parking areas and pedestrian paths within 200 feet of the subject property;
         (j)   Location and height of all walls, fences and landscaping;
         (k)   Location and widths of all abutting streets, existing and proposed rights-of-way, easements and pavement;
         (l)   Types of existing and proposed surfacing of all roads, such as asphalt or concrete paving;
         (m)   Types of facing materials to be used on structures;
         (n)   Elevations (front, sides and rear views) of all sides of the building(s);
         (o)   A floor plan drawing showing the specific use areas of all existing and proposed buildings;
         (p)   Seal of registered architect, landscape architect, land surveyor or civil engineer who prepared the plan;
          (q)   Density calculations (for multiple-family projects);
         (r)   Landscape plan showing species, spacing and size of each tree and plant material and ground cover;
         (s)   Designation of units by type of buildings;
         (t)   Interior walks and pedestrian or bicycle paths within rights-of-way;
         (u)   Exterior lighting locations, type of fixtures and methods of shielding from projecting onto adjoining properties;
         (v)   Trash receptacle and transformer locations and method of screening;
         (w)   Drive or street approaches including acceleration, deceleration and passing lanes where appropriate;
         (x)   All utilities located on or serving the site, including water lines/wells and septic sanitary sewer lines;
         (y)   Designation of fire lanes;
         (z)   Location and boundaries of wetlands, 100-year floodplains, lakes, streams, rivers, detention basins, drainageways or other bodies of water, with water elevation levels indicated;
         (aa)   Soil types and characteristics using the U.S. Soil Conservation Service “Soil Survey of St; Clair County, Michigan” or more detailed surveys if available;
         (bb)   Location, size and types of all proposed signs;
         (cc)   Preliminary storm system layout and flow arrows demonstrating that storm flow connections and disposal methods are feasible;
         (dd)   Typical existing and proposed cross-sections for streets, roads, alleys, parking lots, and the like as applicable, including right-of-way;
         (ee)   Existing and proposed ground contours at intervals of two feet, or spot elevations sufficient to review the proposed grading and drainage plan, as determined by the township’s consulting engineer;
         (ff)   Location of all tree stands and measures to be taken to protect existing on-site trees not proposed for removal as part of the development; and
         (gg)   Such other reasonable and relevant information as may be required by the township to assist in the review of the proposed development.
      (3)   Final site plan submission/data requirements. In addition to the preliminary site plan data specified above, the following minimum information must be submitted for final site plan review and approval.
         (a)   Site engineering plans prepared by a registered civil engineer. Such plans shall be submitted for the township engineering consultant’s review and recommendation prior to Planning Commission consideration of final site plan approval.
         (b)   Plans shall include the following.
            1.   A proposed grading and drainage plan. The plan shall show proposed finished floor elevations, finished grades at structures, proposed stormwater collection system, storm outlet(s), ultimate downstream outlet and, when required, retention/detention basin design calculations. Any areas of filled or reclaimed land shall be identified and all development shall detain stormwater so that the runoff from the property does not negatively impact upon adjacent properties or public and private rights-of-way. Compliance with engineering standards shall be determined by the township engineering consultant. The Planning Commission shall require compliance with engineering standards, subject to the township consulting engineer’s final approval, as a condition of final site plan approval.
            2.   All utilities located on or serving the site, including sizes of water and sewer lines, wells, proposed hydrants and proposed method of fire suppression where applicable. Proposed sanitary leads, proposed sanitary sewers or on-site disposal systems must also be shown, as applicable.
            3.   Proposed streets and drives showing types of surfacing, whether public or private and grade elevations.
            4.   Modifications to the site plan demonstrating compliance with all preliminary site plan review conditions of approval.
   (D)   Site plan review criteria. In reviewing site plans, the Planning Commission shall consider and require compliance with the following.
      (1)   All application and site plan review submittal criteria have been met.
      (2)   The final site plan is in full conformance with all applicable zoning ordinance requirements.
      (3)   The location of development features, including principal and accessory buildings, open spaces, parking areas, driveways and sidewalks minimize possible adverse effects on adjacent properties and promote pedestrian and vehicular traffic safety.
      (4)   On-site circulation of both vehicular and pedestrian traffic will achieve both safety and convenience of persons and vehicles using the site.
      (5)   Landscaping, earth berms, fencing, signs and obscuring walls are of such a design and location that the proposed development is aesthetically pleasing and is harmonious with nearby existing or proposed developments.
      (6)   Utility service, including proposed water, sanitary sewer/septic and stormwater runoff systems are sufficient to fulfill the projected needs of the development and the recommendation of the township consulting engineer. Approval by a state or county department having jurisdiction, such as the Department of Health, Drain Commission or Road Commission, may also be a prerequisite to approval.
      (7)   Notwithstanding any other provisions of this chapter, the township may require as a condition of final site plan approval, landscaping, berming, fencing, construction of walls, marginal access drives or other appurtenances as necessary or desirable to promote the health, safety and welfare of the community, to provide adequate protection to surrounding properties, to preserve and promote the character of the district and the intent of this chapter and to achieve a lasting and desirable improvement to the community.
      (8)   For developments which include a private road, demonstrated conformance with §§ 91.01 through 91.06 is required.
   (E)   Site plan review standards for groundwater protection. The following provisions shall apply to all uses and facilities which require site plan review under the provisions of this chapter.
      (1)   Definition.  HAZARDOUS SUBSTANCES AND POLLUTING MATERIALS are defined as a chemical or other material which is or may be injurious to the public health, safety or welfare or the environment.
      (2)   Site plan review information requirements.
         (a)   The applicant for site plan review shall complete and submit the Hazardous Substances Reporting Form for Site Plan Review and the Environmental Permits Checklist at the time of application for site plan review (forms provided by township).
         (b)   The township may require a listing of the type and quantity of all hazardous substances and polluting materials which will be used, generated, produced or stored on the site.
         (c)   The site plan shall detail the location of the following:
            1.   Public or private wells on-site and on adjacent sites;
            2.   Septic systems and other wastewater treatment systems, including the location of all sub-components of the system;
            3.   Interior and exterior areas to be used for the storage, use, loading, recycling, production or disposal of any hazardous substances and polluting materials;
            4.   Underground storage tanks (note material to be stored);
            5.   Above-ground storage tanks (note material to be stored);
            6.   Exterior and interior drains, dry wells, catch basins, retention/detention areas, sumps and other facilities designed or intended to collect, store or transport stormwater or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan; and
            7.   Areas on the site which are known or suspected to be contaminated, along with a report on the status of clean-up efforts, if applicable.
      (3)   Groundwater protection standards.
         (a)   General.
            1.   The project shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, floodplains and groundwater, and to ensure the absence of an impairment, pollution and/or destruction of the air, water or other natural resources.
            2.   Stormwater management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding or the potential for pollution of surface water or groundwater, on-site or off-site.
            3.   Floor drains shall be connected to a public sewer system, an on-site holding tank without an outlet, or a system authorized by a state groundwater discharge permit.
            4.   Sites shall be designed to prevent spills and discharges of hazardous substances and polluting materials to the air, surface of the ground, groundwater or surface water.
            5.   State and federal agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, whether direct or indirect, shall be allowed without required permits and approvals.
            6.   In determining compliance with the standards in this chapter, the township may utilize appropriate and applicable reference standards regarding best management practices for groundwater protection.
         (b)   Above-ground storage and use areas for hazardous substances and polluting materials.
            1.   Secondary containment of hazardous substances and polluting materials shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.
            2.   Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers which are protected from weather, leakage and vandalism.
            3.   Secondary containment structures shall not have floor drains or other outlets, except as necessary for connection to pumping trucks for removal of spilled product.
            4.   Areas and facilities for loading, handling, production, use or disposal of hazardous substances and polluting materials shall be designed and constructed to prevent discharge or run-off to floor drains, rivers, lakes, ponds, wetlands, groundwater or soils.
         (c)   Underground storage tanks for the storage of hazardous substances and polluting materials.
            1.   Existing and proposed underground storage tanks shall be registered with the authorized state agency in accordance with applicable state and federal law.
            2.   Installation, operation, maintenance, closure and removal of underground storage tanks shall be in accordance with requirements of the authorized state agencies. Leak detection, corrosion protection, spill prevention and secondary containment requirements shall be met. Records of monthly monitoring and inventory control shall be retained and available for review by government officials in the event of a product release or spill.
            3.   Out-of service or abandoned underground tanks shall be emptied and removed from the ground in accordance with requirements of the authorized state and federal agencies.
         (d)   Sites with contaminated soils and/or groundwater.
            1.   Site plans shall detail the location and extent of any contaminated soils or groundwater on the site.
            2.   Written verification from the authorized state agencies shall be provided as a part of site plan review application that indicates their approval of the proposed use or activity in relation to the contamination on-site and clean-up efforts underway or anticipated.
   (F)   Expiration of site plan approval. The approval of any preliminary site plan under the provisions of this chapter shall expire and be void one year after the date of such approval unless final site approval has been granted, or is in an active stage of review. Approval of any final site plan under the provisions of this chapter shall expire and be void one year after the date of such approval unless actual construction has commenced in accordance with the issuance of a valid building permit. Upon expiration of a final site plan approval, all preliminary site plan approvals shall expire.
   (G)   Fees. Any application for site plan approval, preliminary or final, shall be accompanied by a fee as determined from time to time by resolution of the Township Board.
   (H)   Performance bond for utility connections. An application for final site plan approval that requires the installation of, modification of or connection to public utilities, such as water, storm sewer, or sanitary sewer lines, shall be accompanied by appropriate performance bonds for utility connections. The amount of such bonds shall be established by resolution of the Township Board.
   (I)   Approval and issuance of building permits. Building permits shall not be issued until site plan approval has been granted by the Planning Commission and, where applicable, the township engineering consultant has approved the final engineering plans for the site.
   (J)   Amendments of approved site plans.
      (1)   An approved site plan may be amended by written application to the Township Clerk in accordance with the submittal and review procedures for site plan review detailed in division (B) above. Where the changes are minor, the Planning Commission may waive the preliminary site plan review process and review and act upon the proposed amendment during final site plan review.
      (2)   Any actual construction or plan changes made during construction which are not approved by the Planning Commission and which differ from an approved site plan shall be made at the applicant’s own risk without any assurances that the Planning Commission will approve such changes. It shall be the responsibility of the developer and/or applicant to apply for and receive site plan approval for any modifications to approved site plans.
   (K)   Inspection. Inspections of all construction shall be conducted by the Building Inspector and Administrative Official. Inspections for private roads shall conform with §§ 91.01 through 91.06.
   (L)   Staging or phasing of development. Whenever a project is proposed to be developed in stages, each stage shall be clearly denoted on the preliminary and final site plan. Site plan review and approval shall be required for each subsequent stage which is proposed to begin later than one year after the original approval.
   (M)   Violations and enforcement. Violations and enforcement of the provisions of this section shall be addressed in accordance with the provisions in § 153.999.
(Ord. passed 10-11-2000) Penalty, see § 153.999