APPENDIX U:
GROUNDWATER PROTECTION
PROVIDED BY: PLANNING & ZONING CENTER, INC.
DATE: 2000
1. Introduction and Background on
Why Use Site
Plan Review for Groundwater Protection
Purpose of the Appendix
This Appendix includes information to help the planning
commission and governing body understand the context for proposed changes to
the site plan review section of the Zoning Ordinance. These changes are part of
a coordinated effort to protect groundwater resources. This effort has been
underway in
Contents of the Appendix
There are five sections in this Appendix. This first section
provides an introduction and background information. The second section
presents draft ordinance language to amend the site plan review section to add
new information submittal requirements and standards to ensure groundwater is
protected. The third section includes sample language to amend the master or comprehensive
plan of the community to include a special focus on groundwater protection. The
fourth section includes sample site plan review language from
Relationship to
Wellhead Protection Plan
A key part of the Wellhead Protection Plan of each jurisdiction is the delineation of the area that principally contributes water to each municipal well. These are extensive areas known as “zones of contribution”, but do not cover the entire jurisdiction. At a minimum, the land areas above these “zones of contribution” must be protected from contamination in order for these municipal wells to continue to provide clean water to area citizens and businesses. However, many homes and businesses in the metro area have their own private wells that tap into the same aquifer as municipal wells. In addition, there are a large number of sites of known contamination of groundwater in the metro area. Thus, an effort to protect only municipal wellhead areas would be both shortsighted and ineffective. If the groundwater of all metro area citizens and businesses is to be protected, a uniform approach applied across the entire jurisdiction of all metro area communities is necessary.
Each of the six metro area communities involved in the project that led to this Appendix have agreed to follow a common approach to groundwater protection. They have embodied this approach in the implementation sections of their respective Wellhead Protection Plans and with the passage of the site plan review amendments in the next section, will be positioned to apply uniform ordinance language. An added advantage of this approach is that landowners across the metro area will be faced with uniform regulations rather than the usual patchwork. This will help ensure all property owners are equally treated.
This approach has the additional merit of being based on
model regulations being widely adopted across the state. It is also linked to
the model Environmental Permits Checklist which has been in use by
What is Site Plan
Review?
Site plan review is a process used in local zoning to compare a proposed site plan (a drawing of a new development) against ordinance requirements to determine whether it does or does not conform. This is a decades old procedure which involves insuring the lot is adequately sized, that buildings have proper setbacks, that ingress, egress and parking are up to code, and so on. It is typically applied to all commercial, industrial, office and institutional uses of land, to multifamily residential developments and new subdivisions, but not to individual residences. A proposed site plan is submitted by an applicant and routed to the various municipal departments for review. This typically includes the planning/zoning department, building department, fire department, public works or utility department, and often others. It is also distributed to various county and sometimes to state agencies for review. These include the road commission, drain commissioner, and perhaps to the Michigan Department of Transportation if it is on a state highway, or to the DEQ if any environmental permits are needed. Because no zoning or building permits are permitted to be issued until after site plan review is complete, it is an excellent process to use to ensure that new development, or major revisions to existing development are reviewed to ensure there are no unnecessary threats posed to groundwater. This review is also helpful for firefighters under Right-to-Know laws because chemicals and chemical processes that may provide threats to firefighter safety will be revealed. It is also useful for identifying chemicals that may require registration prior to discharge into municipal sewage systems.
Common Threats to
Groundwater
Some of the most common threats to groundwater come from businesses that routinely use potentially hazardous substances like petroleum products, cleaning fluids or large volumes of other chemicals (see illustrations at end). These threats exist from the location of floor drains that deposit fluids into a drain or cistern and then migrate through soil to groundwater supplies. They also come from underground storage tanks, and from areas where chemicals are stored that do not provide for “secondary containment” structures to prevent contamination from leaks or spills. These threats exist from floor drains in areas where chemicals are loaded and unloaded from delivery trucks as well as from industrial processes that dispose of chemicals into sewage lines. If these chemicals go through a septic system or a municipal sewage treatment plant, they may not be adequately treated before being discharged into the ground or a river. Many of these potential threats can be identified through the zoning site plan review process and measures incorporated into the design to prevent groundwater contamination. Not only does this protect groundwater, it is much cheaper for the developer to incorporate these groundwater protection designs as a part of a new facility, than to add them later.
There are other threats to groundwater that are not effectively prevented by the site plan review process. These are threats from existing leaking underground storage tanks, existing faulty septic systems, and abandoned wells. Many of these threats are subject to existing DEQ and County Health Department monitoring actions—especially those involving commercial and industrial facilities. However, most of the potential threats not currently subject to state or county regulations involve residential properties. There are an unknown number of abandoned underground fuel oil tanks once used for home heating in the metro area. No one knows if the tanks are empty, or if they are leaking fuel into the ground. There are hundreds of residential wells that were abandoned once the owner connected to a municipal water supply. Similarly there are hundreds of abandoned septic systems, cisterns and holding tanks still in the ground. Each of these pose some threats for groundwater contamination, or to the safety of someone walking or driving on top of these structures if they collapse. Proposed new regulations by the Ingham County Health Department will establish a uniform approach to deal with these threats to groundwater, to public health and safety.
The Ingham County Health Department has assisted metro area communities for over a decade in reviewing proposed site plans for facility designs that pose threats to groundwater. Several metro area communities have used the Environmental Permits Checklist for years. Adoption of the proposed amendments to the site plan review process will result in uniform procedures and standards for groundwater protection in zoning ordinances.
What is the
Environmental Permits Checklist
The Environmental Permits Checklist is a two-page list of questions that would accompany every application for site plan approval (SEE APPENDIX V). It informs site plan review applicants of state and county agencies that they may need to contact regarding various permits that may apply to their project. It is the first step to ensuring that the local zoning approval process does not inadvertently result in a project approval for activities that also require review and approval by various state and county agencies. It is an invaluable aid to developers, because it conveniently lets them know what agencies they may have to contact about other related permits. It is a great aid to communities, because it provides the basis for making conditional approvals on projects that do require a permit from another agency. It helps ensure that local, county and state agencies are working in harmony to accommodate new development in ways that are consistent with local zoning and environmental laws. It also avoids putting the local government in the position of attempting to administer or enforce state or county regulations by making property owners aware of activities that may fall under the aegis of these other agencies. In short, it helps to speed up the development approval process. Developers want predictability. This requires knowing what the rules are and where they must obtain approvals. Finding out about a county or state requirement near the end of a local site plan review process can slow a development start for months. Consistent application of the Environmental Permits Checklist can prevent this kind of unnecessary delay.
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2.
Proposed Site Plan Review
Zoning Changes
SITE PLAN REVIEW STANDARDS FOR
LOCAL ZONING:
A TOOL FOR GROUNDWATER PROTECTION
Purpose of Site Plan Review
Site
plan review is an administrative process whereby proposed developments (site
plans) are compared with zoning ordinance standards. As defined by
Site plan review is important because it provides assurance to the community as to how a development will be planned, its relationship to roads, utilities and other services, and its relationship to adjoining land uses. If development does not proceed according to an approved site plan, legal means to require enforcement can be initiated.
The site plan review standards outlined below provide a framework for the local government review of new or expanded land uses. The standards avoid the detailed specifications and expansive definitions included in state and federal statutes. Site plan review can be completed with the expertise of local government staff and consultants, working in cooperation with volunteer planning commissioners.
Recommended Site Plan Review Standards for Groundwater Protection
The site plan review standards outlined below are organized into two categories: (1) site plan information submittal requirements; and (2) performance standards for groundwater protection. These standards are suggested as a beginning point for amending a local zoning ordinance.
When state and federal laws apply to specific land uses or land use activities, it is advisable to use parallel, consistent standards at the local level. The standards written here are based on this premise.
Site Plan Information: (add to usual list of submittal requirements)
____Existing topographic elevations at two (2) foot contour intervals. Indicate direction of drainage flow.
____The location and elevations of existing water courses and water bodies, including county drains and manmade surface drainageways, floodplains, and wetlands.
____Proposed stormwater management plan including design of sewers, outlets, and retention or detention ponds. Sufficient data regarding site runoff estimates and off-site drainage patterns shall be provided to permit review of feasibility and permanence of drainage detention and/or retention as well as the impact on local surface and groundwater.
____The location and status of any floor drains in existing or proposed structures on the site. The point of discharge for all drains and pipes shall be specified on the site plan.
____Location for on-site wastewater treatment and disposal systems.
____Location of existing and proposed public water mains, public and private drinking water wells, monitoring wells, irrigation wells, test wells or wells used for industrial processes.
____Inventory
of hazardous substances to be stored, used or generated on-site, presented in a
format acceptable to the local fire marshal (include CAS numbers). [CAS number = Chemical Abstract Service Number. This is a unique number
for every chemical established by a
____Descriptions of type of operations proposed for the project and drawings showing size, location, and description of any proposed interior or exterior areas of structures for storing, using, loading or unloading of hazardous substances, hazardous wastes, and/or polluting materials.
____Description and location for any existing or proposed above ground and below ground storage facilities.
____Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of cleanup or closure.
____Completion of the Environmental Permits Checklist on the form provided by the Zoning Administrator.
Site Plan Review Standards for Groundwater Protection
(include in the Local Zoning Ordinance):
1. The project and related improvements shall be designed to protect land and water resources from pollution, including pollution of soils, groundwater, rivers, streams, lakes, ponds, and wetlands.
2. Stormwater detention, retention, transport,
and drainage facilities shall, insomuch as feasible, be designed to use or
enhance the natural stormwater system on-site, including the storage and filtering
capacity of wetlands, watercourses, and water bodies, and/or the infiltration
capability of the natural landscape. Stormwater facilities shall be designed so
as not to cause flooding or the potential for pollution of surface or
groundwater, on-site or off-site. Stormwater facilities shall conform with the
requirements of the
3. General purpose floor drains shall be connected to a public sewer system or an on-site holding tank (not a septic system) in accordance with state, county and municipal requirements, unless a groundwater discharge permit has been obtained from the Michigan Department of Environmental Quality. General purpose floor drains which discharge to groundwater are generally prohibited.
4. Sites at which hazardous substances, hazardous wastes, or potentially polluting materials are stored, used, or generated shall be designed to prevent spills and discharges of such materials to the air, surface of the ground, groundwater, lakes, streams, rivers or wetlands.
5. Secondary containment facilities shall be provided for above ground storage of hazardous substances, hazardous wastes, or potentially polluting materials in accordance with state and federal requirements. Above ground secondary containment facilities shall be designed and constructed so that the potentially polluting material cannot escape from the unit by gravity through sewers, drains, or other means, directly or indirectly into a sewer system, or to the waters of the State (including groundwater).
6. Underground storage tanks shall be registered, installed, operated, maintained, closed or removed in accordance with regulations of the Michigan Department of Environmental Quality.
7. Above ground storage tanks shall be certified, installed, operated, maintained, closed or removed in accordance with regulations of the Michigan Department of Environmental Quality.
8. Bulk storage facilities for pesticides and fertilizers shall be in compliance with requirements of the Michigan Department of Agriculture.
9. Abandoned water wells (wells that are no longer in use or are in disrepair), abandoned monitoring wells, and cisterns shall be plugged in accordance with regulations and procedures of the Michigan Department of Environmental Quality and the ______ County Health Department.
10. State and federal requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances, hazardous wastes, liquid industrial waste or potentially polluting materials shall be met. No discharge to surface water or groundwater, including direct and indirect discharges of waste, waste effluent, wastewater, pollutants, or cooling water, shall be allowed without approval from appropriate state, county and local agencies.
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3. Proposed Changes to Master or Comprehensive Plan
Background
Sample Plan Language
There are three places in most Master or Comprehensive Plans where groundwater protection language would normally be incorporated: 1) background inventory section, 2) goals and objectives section, and 3) the policies section.
The background inventory section documents existing conditions in a community. Since groundwater is the source of drinking water and the source of most of the water that flows in rivers and streams in the region, both surface water and groundwater should be addressed together. In the portion of the inventory section on natural resources and the environment, information would typically be presented on the following:
· Type of soils and geologic conditions underlying the community
· General quality of drinking water
· Evidence of vulnerability of groundwater
· Relationship of groundwater and surface water
· Source of drinking water in the community (municipal wells and private wells)
· Number, type and location of public and private water wells*
· Number, type and location of other wells (oil and gas, injection, waste disposal, etc.)*
· Evidence of any contamination of groundwater (e.g. list and location of “307” sites of environmental contamination or “Superfund” sites; number and type of contaminant sources)*
· Previous and ongoing efforts to clean up contaminated soil and groundwater*
· Key focus of the local Wellhead Protection Plan and status of implementation efforts*
· Any ongoing or planned efforts to improve groundwater protection in the community*
· *the items with an asterisk may instead be found in the section on “public infrastructure,” “utilities,” or “water supply” in some plans. If so, the number type and location of water lines, sewer lines and of septic systems should also be identified.
This information would usually be accompanied by a variety of tables and maps to best illustrate the existing conditions.
The goals and objectives section would include groundwater protection as a part of natural resources and environmental protection objectives. A typical example follows with items in italics specifically related to groundwater.
Natural Resources & the Environment Goal:
Preserve and protect the environmentally sensitive areas and conserve the air, groundwater, surface water and other natural resources of the community.
Objectives:
· The type and intensity of development in sensitive environmental areas such as streams, rivers, lakes, wetlands, floodplains, steep slopes and other land not naturally suited for intensive development will be scaled to minimize damage or intrusion on sensitive environmental areas.
· Develop design guidelines and encourage developers to use designs which encourage land development practices that protect air, groundwater, surface water, soil, and sensitive environments and show how new development can harmonize with the natural characteristics of the land.
· Protect surface water quality and groundwater through soil conservation techniques, through best management practices which minimize the amount of chemicals used on farms and lawns and through proper cleanup of contaminated sites.
· Protect surface water quality through stream bank restoration and stabilization along County drains while ensuring adequate drainage for developed areas.
· Protect groundwater quality through wellhead protection programs, education and contaminated site remediation.
· Maintain the quality of the water supply through zoning standards which prevent contamination.
·
Support
development of a county-wide ordinance to inspect property prior to sale for
possible groundwater hazards.
· Properly close all abandoned wells and other conduits of contamination to groundwater supplies.
·
Work
cooperatively with abutting jurisdictions, county and state agencies in the
pursuit of efforts to protect ground and surface water quality.
· Encourage and support conservancy organizations and public agencies with the inventory and purchase of special environments with significant public value.
The policies section might include policies like the following:
· The community will initiate proactive measures to protect and enhance environmentally sensitive areas.
· The community will implement expanded monitoring and protection of air, groundwater, surface water, soil and sensitive environments.
· The community will work cooperatively with adjacent units of government, the county and the DEQ to protect air, soil, groundwater and surface waters.
·
Implement
and periodically update the Wellhead Protection Plan.
·
Complete
and maintain a comprehensive inventory of potential threats to groundwater.
·
Zoning
regulations will be modified to incorporate groundwater protection as part of
the site plan review process. Special attention will focus on storage of
hazardous substances, secondary containment structures, floor drains, and any
discharges to municipal sewers, to surface water or to groundwater.
·
The model
State and
· Assist the County Health Department in efforts to adopt and implement regulations to inspect property at the time of sale to identify and remediate potential contamination from abandoned wells, septic systems, cisterns, fuel oil tanks and related health and safety hazards.
·
Assist
landowners with state and local grants to properly cap abandoned wells.
·
Work
cooperatively with public and private groups to spend annually budgeted funds
for the priority acquisition of lands with sensitive environments or scenic
values.
·
Prepare
and adopt design guidelines for the protection of sensitive areas and natural
resources.
·
Educate
land owners on best management practices to protect the air, soil, ground and
surface water and other sensitive environments.
·
Aggressively
pursue cleanup of soil and groundwater contamination.
·
Periodically
investigate the results of monitoring wells near sites of existing, previous or
potential sites of contamination.
·
The
community will, to the extent financially and practically feasible, support areawide water quality and quantity management programs of
federal, state, regional and county agencies. In regulating land use, the
community will insure wise use of groundwater resources, improved treatment of
point sources of pollution, and the use of best management practices on lands
characterized as non-point sources of pollution.
[For rural areas of a community]
·
The
location, type and density of rural development will take into consideration,
and not exceed, the physical capacity of the land and water to accommodate the
use without adverse effects on ground and surface water quality and quantity.
·
Rural
densities of not more than ___ to ____ dwellings per acre will be maintained to
minimize potential groundwater pollution where septic systems are used.
·
Land use
activities in areas experiencing water pollution from septic systems or
inadequate water supply will be limited and alternative individual treatment systems
or community sewer or water systems used to overcome health hazards or to
provide a greater margin of public safety in permitted developments.
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4. Site Plan Review Section of
81-3.3 Site Plan Review
A. Purpose: The Charter Township of Meridian finds that the development of non-residential and multiple family residential uses of land may have a substantial effect on the character of the community and its public health, safety, and general welfare. Therefore, this Section requires that all nonresidential and multiple family residential uses and structures be subject to site plan review in order to reasonably ensure that the development and use of land will not adversely affect the public health, safety and general welfare; to ensure compliance with this ordinance, other applicable ordinances, other Township planning documents, and state and federal statutes; and, to ensure that the proposed development is compatible with the surrounding uses.
B. Applicability: Except for single family or two family dwellings, a site plan approved under this Section is required for any of the following:
1. All building permits, grading permits, and certificates of occupancy.
2. The
construction, reconstruction, vertical or horizontal enlargement, relocation,
or alteration of a building; or, conversion of use. An alteration is any change in the supporting
members of an existing building, any change in the location of doors or
windows, or any change in usable floor area; it does not include normal repairs
or maintenance.
3. Changes in
on-site traffic flow or parking, or the removal of structural or vegetative
screening.
C. Preliminary Discussions; Conceptual Site Plan Review: An applicant may meet with the Director of Community Planning and Development to discuss the requirements for a site plan review. In addition to the preliminary discussions, an applicant may submit a conceptual plan for review by the Director of Community Planning and Development in order that preliminary technical deficiencies may be addressed prior to submittal of an application for a site plan review. This procedure is intended to be informational only and shall not limit the substance of the review process.
D. Application; Required Information: The application shall be submitted to the Director of Community Planning and Development and shall include the following to encourage applicants to propose plans for and develop property which has high quality of site and building design. No application shall be processed until it is complete.
1. A site plan review application form available in the Department of Community Planning and Development containing the following information, where applicable:
a. The address and/or parcel number of the subject property.
b. The applicant's name, address, and phone number.
c. The name, address, and phone number of all persons with an ownership interest (if different from the applicant).
d. Name and address of the developer (if different from the applicant).
e. Name and address of the engineer, architect, landscape architect, land planner and/or land surveyor aiding in preparation of the site plan.
f. Project title.
g. The gross and net acreage of all parcels in the project.
h. Projected time frame and development phases.
i. Total number of existing and proposed structures, units, bedrooms, or offices.
j. Square footage and usable floor area of existing and proposed buildings.
k. Number of acting and proposed parking spaces, carports, or garages.
l. Number of employees by shift.
m. Amount and type of existing and proposed recreation and open space.
2. A legal description and plot of survey of the subject property.
3. Evidence of fee and/or other ownership of the subject property for which site plan review is being requested.
4. A non-refundable fee in the amount established in the "Schedule of Fees” as adopted by the Township Board.
5. Copies of required applications made to, and reviews or permits received from other Township, county, state, or federal departments and agencies.
6. Layout plan, drawn to scale, showing the proposed location of structures and other improvements including roads, driveways, pedestrian walks, off-street parking areas, landscaped areas, buffers and screenings, vegetative pattern, natural features, fences and walls, lighting locations, and the land uses and zoning classifications on the subject parcel and adjoining parcels.
7. Landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed or retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials, including trees, shrubs, vines and ground covers, to be planted therein, and other landscape features as may be necessary to illustrate the landscape content.
8. Utility plan, drawn to sale, showing the location and size of existing and proposed public water wells, mains and sanitary sewers and associated easement or location for private drinking water wells, on-site wastewater treatment and disposal systems. Location of existing and proposed monitoring wells, irrigation wells, test wells or wells used for industrial processes shall also be depicted.The location of private utilities including natural gas, electricity, telephone and cable television and associated easements shall also be shown on the plan.
9. The location and elevations of existing water courses and water bodies, including county drains and manmade surface drainageways, floodplains, and wetlands. Grading and drainage plans, drawn to scale, including design of storm sewers, outlets, and showing existing and proposed contours at 2-foot intervals, stormwater detention areas and retention ponds and the piped stormwater drainage system. Indicate direction of drainage flow. Sufficient data regarding site runoff estimates and off-site drainage patterns shall be provided to permit review of feasibility and permanence of drainage detention and/or retention as well as the impact on local surface and groundwater.
10. Floor plans and elevations, drawn to scale, illustrating all sides of the proposed structures as they will appear upon completion. All exterior surfacing materials and colors shall be specified.
11. Sign plans, drawn to scale, indicating their size, materials, and illumination, if any.
12. A map of the natural features of the site prior to development and a written description of the features to be retained, removed, or modified, and proposed measures to mitigate any negative impacts on the site and adjacent properties. Natural features to be addressed include, but are not limited to, wetlands, significant stands of trees or individual trees greater than 12 inches dbh, floodways, floodplains, waterbodies, identified ground water vulnerable areas, slopes greater than twenty (20%) percent, ravines, and wildlife, habitats vegetative cover types with potential to sustain significant or endangered wildlife.
13. The
location and status of any floor drains in existing or proposed structures on
the site. The point of discharge for all drains and pipes shall be specified on
the site plan.
14. Description and location for any existing or
proposed above ground and below ground storage facilities.
15. Delineation of areas on the site which are
known or suspected to be contaminated, together with a report on the status of
cleanup or closure.
16. Descriptions
of type of operations proposed for the project and drawings showing size,
location, and description of any proposed interior or exterior areas of
structures for storing, using, loading or unloading of hazardous substances,
hazardous wastes, and/or polluting materials.
17. Inventory
of hazardous substances to be stored, used or generated on-site, presented in a format acceptable to the
Township fire marshal (include CAS numbers). [CAS number =
Chemical Abstract Service Number. This is a unique number for every chemical
established by a
18. Completion
of the Environmental Permits Checklist on the form provided by the Zoning
Administrator.
19. Such other information as is necessary to enable the Director of Community Planning and Development to determine whether the proposed site plan will conform to the provisions of this Title.
F. Review Process: Upon a determination that the application is complete, the Director of Community Planning and Development shall initiate the following review process:
1. Notice of Review: Interested persons shall be notified of the site plan review as follows:
a. A notice of the review shall be sent by mail or personal delivery to the applicant and to the owners of property adjacent to the subject property at least fifteen (15) days prior to the date of the review. Such notice shall indicate the date, time, place, and subject of the review, and the place and time the proposed site plan may be examined.
b. The applicant shall post a notice of the review, on a form no smaller than six (6) square feet in area provided by the Township on the subject property at least fifteen (15) days prior to the review. Such notice shall indicate the date, time, place and purpose of the review.
2. Review of Site Plan by the Director of Community Planning and Development: The Director of Community Planning and Development shall review each site plan to determine whether it complies with this ordinance, other applicable ordinances and other Township Planning documents, any comments of other departments, and agencies, and state and federal statutes.
3. Decision: Upon receipt of all of the requested information, the Director of Community Planning and Development within thirty (30) days of the date the application is deemed complete, may approve, approve with conditions, or deny the application for site plan review as follows:
a. Approval: A site plan that complies with the ordinance and the conditions imposed pursuant to the ordinance, other Township planning documents, and state and federal statutes shall be approved.
b. Conditional Approval: A site plan that requires minor modifications for compliance may be conditionally approved. The Director of Community Planning and Development shall identify the required revisions, additional information, or conditions, and the applicant shall submit a revised site plan or additional information as requested to the Director of Community Planning and Development within thirty (30) days from the date of conditional approval. The Director shall verify that the site plan complies with the conditional approval prior to issuing any permits to commence construction or certifications for occupancy. In the event that the revised site plan or additional information is not submitted within thirty (30) days, the conditional approval shall be denied. The Director of Community Planning and Development Control may extend the thirty (30) day time period for good cause.
c. Denial; Upon determination that a site plan does not comply with the requirements and standards set forth in this ordinance, other applicable ordinances, other Township planning documents, or state and federal statutes, the site plan shall be denied. An applicant whose site plan has been denied may submit a new site plan, pay the applicable fee, and receive a new site plan review or appeal the denial.
4. Notice of Decision: The Director of Community Planning and Development shall notify the applicant in writing of the decision and the reasons therefore.
5. Appeal: An aggrieved Person may appeal the decision of the Director of Community Planning and Development in accordance with Section 81-3.4 B, "Appeals of Site Plan Decisions Made by the Director of Community Planning and Development."
G. Review Criteria: Site plans for projects shall be reviewed for compliance with the following standards and requirements, where applicable:
1. Conformance to Zoning Regulations: Each project shall satisfy all dimensional, landscaping, buffering, design and other requirements set forth in this ordinance and shall comply with other township, county, state and federal laws, ordinances and regulations.
2. Review Standards: The following review standards shall be applied in evaluating the site plan:
a. Neighborhood & Community Character Standards:
1. New or existing structures: New or existing structures shall be constructed or renovated in a manner that is compatible with the surrounding neighborhood when adjacent to a residential zone.
2. Relation of Proposed Buildings to Environment: Proposed buildings shall be adapted to the terrain, and-the size and shape of the lot.
a. Compatibility with surrounding buildings: New buildings shall be compatible with the architectural character of surrounding buildings.
b. Building materials: Building materials shall be compatible with, or complimentary to, neighboring sites and structures.
c. Siting: The design of a building, its location on the site, and the site layout shall respond to specific site conditions, such as topography, solar and wind exposure, privacy, views, access, drainage and noise.
d. Special Features: Mechanical equipment, storage facilities, activity areas, utility buildings and structures, and similar accessory areas and structures shall be subject to such setbacks or screening methods as shall reasonably be required to prevent their being incongruous with or disruptive to adjacent properties.
3. Landscape Preservation: The landscape should be preserved in as natural a state as possible by minimizing tree and soil removal. Sensitive areas, such as steep slopes, wetlands, and shore areas, as well as resource areas such as forests, wooded lots, and open space shall be preserved where practical.
4. Traffic: New structures or uses shall not adversely impact traffic flows at or near their site to the extent that the public safety is endangered or the level of service is substantially deteriorated. Impacts on pedestrian and non-motorized travel will also be evaluated, particularly in areas where sidewalks are not present.
5. Lighting: Exterior lighting shall be designed and illumination arranged so that it is directed downward and deflected away from adjacent properties; and so that it does not impair the vision of traffic along adjacent streets.
6. Advertising Features: The size location and lighting of all permanent signs and outdoor advertising structures or features shall be consistent with the requirements of Chapter 85 of the Ordinance.
b. Site Development Standards
1. Fire and Emergency Access: Setbacks, access paths, and fire hydrant locations shall be provided per existing statutes and ordinances and in accordance with the requirements of the appropriate reviewing authorities. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access as required by the Uniform Building Code or Uniform Fire Code as referenced in the Ordinance.
2. Parking and Loading: The required number of parking and loading spaces for the intended use, as provided in the applicable zoning district regulations, shall be sufficient. Calculations and justifications for additional spaces shall be noted on the plans.
3. Drives and Circulation: Attention shall be given to location and number of access points to the public streets, width of interior drives and access points, general interior circulations, separation of pedestrian and vehicular traffic, method of screening, and arrangement of parking areas that are safe, convenient, and do not detract from the design of proposed buildings and neighboring properties. The pedestrian circulation system shall be insulated where possible from the vehicular circulation system. Shared parking and interior connecting drives shall be required wherever feasible.
4. Surface Water Management: Attention shall be given to proper site surface water management so that it will not adversely affect neighboring properties and natural features, or worsen downstream flooding and water quality.
a. The project and related improvements shall
be designed to protect land and water resources from pollution, including
pollution of soils, groundwater, rivers, streams, lakes, ponds, and wetlands.
b. Stormwater
detention, retention, transport, and drainage facilities shall, insomuch as
feasible, be designed to use or enhance the natural stormwater system on-site,
including the storage and filtering capacity of wetlands, watercourses, and
water bodies, and/or the infiltration capability of the natural landscape.
Stormwater facilities shall be designed so as not to cause flooding or the
potential for pollution of surface or groundwater, on-site or off-site.
Stormwater facilities shall conform with the requirements of the
5. Groundwater Protection: Attention shall be given to all businesses and facilities, including private and public facilities, which use, store, or generate hazardous substances to ensure the following standards are met.
a. General
purpose floor drains shall be connected to a public sewer system or an on-site
holding tank (not a septic system) in accordance with state, county and
municipal requirements, unless a groundwater discharge permit has been obtained
from the Michigan Department of Environmental Quality. General purpose floor
drains which discharge to groundwater are generally prohibited.
b. Sites
at which hazardous substances, hazardous wastes, or potentially polluting
materials are stored, used, or generated shall be designed to prevent spills
and discharges of such materials to the air, surface of the ground,
groundwater, lakes, streams, rivers or wetlands.
c. Secondary
containment facilities shall be provided for above ground storage of hazardous
substances, hazardous wastes, or potentially polluting materials in accordance
with state and federal requirements. Above ground secondary containment
facilities shall be designed and constructed so that the potentially polluting
material cannot escape from the unit by gravity through sewers, drains, or
other means, directly or indirectly into a sewer system, or to the waters of
the State (including groundwater).
d. Underground
storage tanks shall be registered, installed, operated, maintained, closed or
removed in accordance with regulations of the Michigan Department of
Environmental Quality.
e. Above
ground storage tanks shall be certified, installed, operated, maintained,
closed or removed in accordance with regulations of the Michigan Department of
Environmental Quality.
f. Bulk
storage facilities for pesticides and fertilizers shall be in compliance with requirements of the Michigan Department
of Agriculture.
g. Abandoned
water wells (wells that are no longer in use or are in disrepair), abandoned
monitoring wells, and cisterns shall be plugged in accordance with regulations
and procedures of the Michigan Department of Environmental Quality and the
Ingham County Health Department.
h. State
and federal requirements for storage, spill prevention, recordkeeping,
emergency response, transport and disposal of hazardous substances, hazardous
wastes, liquid industrial waste or potentially polluting materials shall be
met. No discharge to surface water or groundwater, including direct and
indirect discharges of waste, waste effluent, wastewater, pollutants, or
cooling water, shall be allowed without approval from appropriate state, county
and local agencies.
6. Soil Erosion and Sedimentation: Soil erosion and sedimentation control measures such as, seeding and silt fencing, shall be required before, during, and upon completion of construction where deemed necessary to prevent erosion and sedimentation in accordance with current county and Township standards.
7. Utility Service: New utility service distribution lines shall be underground wherever feasible. Any existing utility installations remaining above ground shall not adversely impact neighboring properties and the site. All utility installations shall be carried out in accordance with current standards, rules and regulations of those agencies having jurisdiction.
8. Construction: All construction shall be carried out in accordance with the standards, rules, and regulations of the Township, including the Township Engineer's Construction Design Manual and all applicable ordinances.
H. Modifications to Approved Site Plans: Upon application, and payment of the fee in the amount established in the "Schedule of Fees" adopted by the Township Board, modifications to an approved site plan may be granted by the Director of Community Planning and Development provided that such changes conform to the provisions of the Ordinance, and all other Township, county, state and federal laws and regulations.
I. Effect of Issuance:
1. The effective date of a site plan shall be ten (10) days from the date of approval. In the event an appeal of the Directors' decision is filed within this ten (10) day period, the effective date of the site plan shall be the date the appeal is decided in favor of the applicant.
2. A building permit must be approved within twelve (12) months of the effective date of the site plan, otherwise the site plan approved shall be void. For phased developments, the first building permit shall be approved within twelve (12) months and all subsequent building permits shall be issued within five (5) years of the date of site plan approval. Permitted time frames do not change with successive owners.
3. Approval of a site plan shall authorize only the construction and site improvements as depicted on the approved plans.
J. Subsequent Permits: Site improvements related to the approved site plan, excluding grading and foundation permits, shall not commence until the applicant has secured all other permits and approvals required by this ordinance and all other applicable Township, county, state, and federal laws and regulations.
K. Performance Guarantee: To guarantee compliance with this ordinance and any conditions imposed by this ordinance, at the time a certificate of occupancy is issued, the Director of Community Planning and Development may require that a cash deposit, certified check, or irrevocable bank letter of credit in a form acceptable to the Township Treasurer, covering the estimated cost of incomplete improvements associated with the approved site plan, be deposited with the Township Treasurer to insure faithful completion of the improvements. As required improvements are completed, portions of a cash deposit or certified check may be rebated. In the case a letter of credit is on file with the Township Treasurer, as work progresses, a new Ietter of credit may replace the letter of credit on file.
L. Enforcement: Conditions and requirements stated as part of the site plan authorization shall be a continuing obligation of the owners of the subject property. Enforcement procedures as set forth in Section 81-5, "Enforcement, Remedies, Penalties", shall apply.
M. Posting and Other Notification of Decisions:
1. A list of decisions made on site plans
shall be posted by the Director of Community Planning and Development in the
a. Name and location of project.
b. Size of project.
c. Brief description of project.
d, Date the decision to approve, conditionally approve, or deny the project was made.
2. All decisions shall be listed on the regular Planning Commission agendas and reported to the Township Board.
D:\word\triground\merprpspr.doc
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5. Environmental
Permits Checklist
STATE &
COUNTY ENVIRONMENTAL PERMITS CHECKLIST
FOR USE IN
INGHAM
Name of Business:
Mailing Address:
Telephone: Fax:
Type of Business:
Facility Owner or Manager:
Date: Signature:
Note: For assistance with permits and approvals
from the Michigan Department of Environmental Quality, including permit
coordination among MDEQ divisions, contact the Permit Coordinator, 517/335-4235.
__________________________________________________________________________________________
Circle (Y/N) the items that may
pertain to your project or facility; then contact the office(s) listed to
determine specific requirements. Return
a copy of this checklist to the municipality as part of your site plan
submittal -- even if state and county approvals have not yet been obtained. An updated copy should be submitted prior to
occupancy.
This list includes the most
common permits and approvals related to waste, water quality, and air quality.
Other permits and approvals, including local approvals, may also be needed.
1. Y N Will the project involve the discharge of any type of
wastewater to a storm sewer, drain, lake, stream, wetland or other surface
water? Contact: MI
Dept. of Environmental Quality, Surface Water Quality Division, Permits
Section: 517/373-8088.
2. Y N Will the project involve the direct or indirect
discharge of waste, waste effluent, wastewater, pollutants, and/or cooling
water into the groundwater or on the ground?
Contact: MI Dept. of Environmental Quality, Waste
Management Division, Groundwater Program Section: 517/373-8148.
3. Y N Will the project involve construction or alteration of
any sewage collection or treatment facility?
For facilities discharging to surface waters, contact the MI Dept of
Environmental Quality, Surface Water Quality Division, District Office:
517/625-4647. For facilities discharging to groundwater, contact the MI Dept. of
Environmental Quality, Waste Management Division, District Office:
517/625-5515.
4. Y N Will the project or facility store or use chemicals,
petroleum products, or salt? Depending
on the type of substance, secondary containment and a Pollution Incident
Prevention Plan (PIPP) may be required. Contact:
MI Dept. of Environmental Quality, Waste
Management Division, District Office: 517/625-5515.
5. Y N Will the project involve the installation, operation,
or removal of an underground or aboveground storage tank containing a petroleum
product or a hazardous substance? Contact: MI
Dept. of Environmental Quality, Storage Tank Division: 517/373-8168.
6. Y N Will the project involve liquified
petroleum gas storage tanks or container filling locations? Contact: MI Dept. of Environmental
Quality, Storage Tank Division: 517/373-8168.
7. Y N Does the project involve the installation of a
compressed natural gas dispensing station with storage? Contact: MI Dept. of Environmental
Quality, Storage Tank Division: 517/373-8168.
8. Y N Will the project involve the generation of
hazardous waste? Contact: MI Dept.
of Environmental Quality, Waste Management Division, District Office: 517/625-5515.
9. Y N Will the project involve the on-site treatment,
storage or disposal of hazardous waste? Contact: MI Dept. of Environmental Quality, Waste
Management Division, Hazardous Waste Permit Unit: 517/373-9875.
10. Y N Will the project involve the transport of hazardous
waste or non-hazardous liquid industrial waste? Contact: MI Dept. of
Environmental Quality, Waste Management Division, Hazardous Waste Program
Section: 517/373-9875.
11. Y N Will the project involve landfilling,
transferring or processing solid non-hazardous wastes on-site? Contact: MI Dept. of Environmental Quality, Waste Management Division; District
Office: 517/625-5515.
12. Y N Will the project involve the installation,
construction, reconstruction, relocation, or alteration of any process or
process equipment (including air pollution control equipment) which has the
potential to emit air contaminants? Contact:
MI Dept. of Environmental
Quality, Air Quality Division, Permit Section: 517/373-7023.
13. Y N Will the project or facility involve the
storage, mixing or distribution of pesticides or fertilizers in bulk
quantities? Contact: MI
Dept. of Agriculture, Pesticide and Plant
14. Y N Will the project involve any man-made change in the
natural cover or topography of land, including cut and fill activities which
may contribute to soil erosion and sedimentation? Will the earth change disturb an area of one
acre or more, or occur within 500 feet of a lake or stream? If the answer to both of these questions is
yes, a soil erosion and sedimentation control permit is required. Contact: Ingham
15. Y N Will the project involve dredging, filling, or construction
in, across or under (1) a river, stream, creek, ditch, drain, lake, pond or
swamp? (2) wetlands? (3) floodplain (area that may have or ever had either
standing or flowing water)? Contact: MI Dept. Environmental Quality, Land and
Water Management Division, Permit Consolidation Unit, 517/373-9244.
16. Y N Will the project involve any dredging proposed within
500 feet of a lake, river, stream, creek or ditch? Contact:
MI Dept. Environmental
Quality, Land and Water Management Division, Permit Consolidation Unit: 517/373-9244.
17. Y N Will an on-site wastewater treatment system or septic
system be installed?
For
subsurface sanitary sewage disposal in quantities of 10,000 gallons per day or
less: Ingham County Health Dept., Environmental
Health Division, 517/887-4312. For any subsurface discharge of sanitary sewage
in quantities equal to or greater than 10,000 gallons per day – Contact: MI
Dept. of Environmental Quality, Waste Management Division: 517/373-8148.
For
subsurface disposal of sanitary sewage in quantities of 6,000 to 10,000 gallons
per day: In addition to obtaining a construction permit
from the Ingham County Health Department, submit a state wastewater discharge
notification form. Flow monitoring and
reporting are required – Contact: MI Dept. of Environmental
Quality, Waste Management Division, Groundwater Permits Unit: 517/373-8148.
For
industrial or commercial wastewater (other than sanitary sewage) in any
quantity - Contact:- MI Dept. of
Environmental Quality, Waste Management Division, Groundwater Permits Unit:
517/373-8148.
18. Y N Will the project involve the construction of a water
supply well or the extension of a water supply service from an existing water
system? Contact: MI
Dept. Environmental Quality, Drinking Water Program, District office
517/625-5515; and Ingham County Health
Dept., Environmental Health Division: 517/887-4312.
19. Y N Are there out-of-service wells, abandoned wells, or
cisterns on the site? (drinking water,
irrigation, & monitoring wells). Contact:
20. Y N Will the project involve a subdivision or site
condominium project utilizing individual on-site subsurface disposal systems or
individual wells? Contact:
21. Y N Will the project involve the on-site storage of
sanitary sewage prior to transport and disposal off-site (pump and haul)? Contact: MI Dept. of Environmental
Quality, Waste Management Division, Groundwater Program Section: 517/373-8148.
22. Y N Has the property or facility ever been subject to a
remedial action, limited closure, or other environmental cleanup response under
Part 201, Natural Resources and Environmental Protection Act (NREPA)? Is the property currently subject to a
response action? Has a Baseline
Environmental Assessment (BEA) been completed for the property? Contact:
MI Dept. of Environmental
Quality, Environmental Response Division: 517/373-9893 and/or MI Dept. of
Environmental Quality, Storage Tank Division:
517/373-8168.
NOTE: The general telephone number for the Shiawassee DEQ
District office (which covers Ingham, Eaton and
Based
on
Sta6\D:\word\TriGround\EnvPermitCklistIng2.doc
E:\word\kate\APPW-groundwater
protection.doc