The purpose of this article is to determine compliance with the provisions, standards, and conditions of this chapter; to promote orderly development of the township; and to minimize any adverse effects of development on the inhabitants of the development and the surrounding area. The planning commission may adopt procedures to encourage preliminary, informal review of proposed site plans. Such preliminary review or approval shall not, however, affect the requirements for formal approval as herein required.

(Ord. No. O-041403-1, § 12, 4-24-2003)

(a)

Except as otherwise provided by this section, site plan review and approval by the planning commission shall be required in accordance with the procedures of this article prior to the issuance of a building permit for the construction, reconstruction, erection or expansion of any building or structure in any zoning district, and prior to the initiation or expansion of any special land use in any zoning district.

(b)

Unless specifically required by other applicable provisions of this chapter, site plan review and approval by the planning commission in accordance with the procedures of this article shall not be required for certain structures, uses or activities, as follows:

(1)

Single-family dwellings and structures accessory to single-family dwellings in any zoning district.

(2)

Uses permitted by right in the AGP, RP-1, RP-2, RR, R-1, R-2, R-3 and V-R zoning district.

(3)

Expansion of existing structures or construction of new structures in the professional office (P0), village business (C-1), general business (C-2), industrial (I) and light industrial (LI) zoning districts, if:

a.

The proposed expansion or new construction will not exceed 500 square feet and is located on a site occupied by one or more existing buildings or structures having a total floor area of at least 40,000 square feet but less than 100,000 square feet; or

b.

The proposed expansion or new construction will not exceed 1,000 square feet and is located on a site occupied by one or more existing buildings or structures having a total floor area of 100,000 square feet or more.

However, this exemption shall not apply if the expansion or new construction is proposed as part of an application for special use approval.

(c)

Structures, uses or activities for which site plan review and approval by the planning commission is not required as provided in this section shall be reviewed by the zoning administrator for compliance with other applicable provision of this chapter. Further, notwithstanding in this section, the zoning administrator may require the submission of a site plan for any structure, use or activity prior to the issuance of a building permit or prior to initiation of any use or activity, and may refer any site plan to the planning commission for review and approval by the planning commission in accordance with the procedures provided by this article.

(Ord. No. O-041403-1, § 12, 4-24-2003; Ord. No. O-021710-1, § 17, 2-17-2010)

An application for site plan review shall be submitted to the zoning administrator. The zoning administrator will review the application and, if complete, transmit the same to the planning commission.

(Ord. No. O-041403-1, § 12, 4-24-2003)

Site plan review applications for the various types of applications as described within this article shall include the following, as deemed necessary by the zoning administrator:

(1)

A completed application form, which shall be supplied by the township.

(2)

An application fee and escrow deposit, as specified in section 78-65 and in accordance with the fee schedule established by resolution of the township board.

(3)

A written statement describing the overall objectives of the proposed development.

(4)

A site plan, consisting of one or more scaled drawings, containing all of the information and data as specified in the following table, based on the type of development approval for which the site plan is submitted:

(Ord. No. O-041403-1, § 12, 4-24-2003; Ord. No. O-061305-2, § 17, 6-13-2005)

The planning commission shall review the site plan and either approve, deny or approve with conditions the final site plan based on the purposes, objectives and requirements of this chapter and specifically the following:

(1)

Ingress and egress to property and proposed structures thereon with particular reference to motor vehicle and pedestrian safety and convenience, traffic flow and control and access in cases of fire or emergency.

(2)

Off-street parking and loading areas with particular attention to noise, glare and odor effects of each use in the plan on adjoining properties and properties in the proposed development.

(3)

Sewer, water and storm drainage.

(4)

Screening and buffering with reference to type, dimensions and character.

(5)

Signs, if any, and their proposed lighting relative to glare, traffic safety, economic effect, and compatibility and harmony with adjoining properties.

(6)

Required yards.

(7)

General compatibility with adjacent properties.

(8)

The general purposes and spirit of this chapter and the comprehensive plan of the township.

(Ord. No. O-041403-1, § 12, 4-24-2003)

(a)

Upon approval of such plan, the chairman of the planning commission and the applicant shall sign at least two copies thereof. One signed copy shall be made a part of the planning commission's files and one shall be returned to the applicant.

(b)

The planning commission is empowered to require a performance bond or other guarantee in an amount up to the estimated cost of constructing any special features associated with the project which the commission may find necessary. Such performance guarantee shall be delivered to the clerk of the township at the time of the issuance of the permit authorizing the activity or project in order to ensure faithful completion of the improvements indicated on the approved site plan. Such performance bond shall be forfeited if the improvements are not completed. The township shall rebate a proportional share of the deposit, when requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the zoning administrator. In cases where the provisions of this section have not been met, the amount of the aforementioned performance guarantee shall be used by the township to return the property to a safe and suitable condition; and the balance, if any, shall be returned to the applicant.

(c)

Each development shall be under substantial construction within one year after the date of site plan approval by the planning commission. If substantial construction has not been initiated within one year of the date of site plan approval, the approval shall expire, and shall be null and void. The planning commission may grant an extension of the approval for up to one additional year, upon written request of the applicant, received by the township prior to the expiration date.

(Ord. No. O-041403-1, § 12, 4-24-2003)

Site plan review and approval by the planning commission shall be required in accordance with the procedures provided by this division prior to the recordation of a condominium master deed intended to create site condominium units for use for detached single-family or two-family dwellings (site condominiums). The site plan review and approval procedures of this division shall also be applicable to amendments to existing site condominium development master deeds, including amendments which create additional site condominium units by the addition of land to an expandable site condominium development or by the conversion of a convertible area of a site condominium development.

(Ord. No. O-041403-1, § 12, 4-24-2003)

Application for approval shall be made by submitting the following items to the zoning administrator:

(1)

A site plan, containing all information required by section 78-524.

(2)

A narrative describing:

a.

The overall objectives of the proposed site condominium development.

b.

A description of the proposed method of providing potable water supply, waste disposal facilities and public and private utilities.

(3)

An application fee and escrow deposit, as specified in section 78-65 and in accordance with the fee schedule established by resolution of the township board.

(Ord. No. O-041403-1, § 12, 4-24-2003)

The planning commission shall review the site plan and shall approve, deny or approve with conditions the site plan, in accordance with the procedures contained in sections 78-525 and 78-526. Approval of a site plan as provided by this division shall not constitute approval of expandable or convertible portions of the site condominium development, unless the applicant has submitted plans for the expandable or convertible areas in compliance with the requirements of section 78-532 and the planning commission expressly approves the expandable or convertible areas of the site condominium development as provided by those plans.

(Ord. No. O-041403-1, § 12, 4-24-2003)

In addition to meeting the standards for approval provided by section 78-525, a site plan for a site condominium development shall comply with the following requirements:

(1)

Each site condominium unit shall contain an appurtenant limited common element for the exclusive use of the site condominium unit owner which complies with the applicable provisions of this chapter concerning minimum lot area, minimum lot width and required front, side and rear yards. For purposes of determining compliance with these provisions, each site condominium unit and its appurtenant limited common element shall be considered the equivalent of a lot.

(2)

Each site condominium unit shall be subject to all other applicable requirements of the zoning district in which it is located, including, but not limited to use regulations, minimum floor area of dwellings and maximum building height.

(3)

All public and private utilities shall be placed underground.

(Ord. No. O-041403-1, § 12, 4-24-2003)

(a)

This section contains standards and procedures for review and approval of land divisions, as defined in this chapter. These standards and procedures are intended to preserve the open space and rural characteristics of the township, and otherwise accomplish stated goals and objectives of the township's master plan. The standards of this section shall be applied in a manner that permits the development of the subject property without unreasonable or undue expense, while promoting the objectives of this section, this chapter and the master plan.

(b)

The procedures and standards for approval of "land division" contained in this section are in addition to and are not intended to replace the requirements for approval of land divisions contained within the Land Division Act, Public Act 591 of 1996, as amended.

(c)

The regulations of this section are intended to achieve the following objectives:

(1)

Preserve the township's outstanding natural features, such as steep slopes, woodlands, wetlands, streams and natural roadway corridors.

(2)

Avoid the creation of a development pattern characterized by location of residential lots in a linear, shallow-depth, highly visible orientation along major public road corridors.

(3)

Avoid the creation of multiple driveway accesses along public roads, by encouraging new lots to be accessed from shared driveways, new private roads or new public roads.

(4)

Protect water quality in streams and rivers by encouraging the provision of undisturbed greenbelts along streams and rivers in the township.

(5)

Encourage compatibility between new development and existing development on adjoining properties and in the surrounding area.

(6)

Otherwise implement the goals and objectives of the township's master plan.

(7)

Provide a review and approval procedure that assists landowners or developers in understanding and complying with the objectives and standards of this division.

(Ord. No. O-041403-1, § 12, 4-24-2003)

All land divisions, as defined herein, shall be subject to review and approval of a site plan by either the zoning administrator or the planning commission, in accordance with this division.

(Ord. No. O-041403-1, § 12, 4-24-2003)

(a)

An application for approval of a land division shall be made by submitting the following items to the zoning administrator:

(1)

A site plan, containing all information required by section 78-524.

(2)

The number, size and date of prior land divisions sufficient to establish that the lot to be divided was lawfully in existence on March 31, 1997.

(3)

The number, size and date of any divisions after March 31, 1997.

(4)

Proof that all due and payable taxes or installments of special assessments pertaining to the land proposed to be divided are paid in full.

(5)

An application fee and escrow deposit, as specified in section 78-65 and in accordance with the fee schedule established by resolution of the township board.

(b)

Upon receipt of a land division application, the zoning administrator shall promptly determine whether the application contains all information required by this division and the Land Division Act. If the application is not complete the applicant shall be promptly notified of the information required to constitute a complete application. If the application is complete, the zoning administrator shall transmit the application to the planning commission for its review unless the application concerns a land division creating fewer than three lots (not counting the remainder of the parent parcel). For purposes of determining the number of lots to be created, all land divisions within the six-month period prior to the date of filing the complete application shall be counted.

(c)

For land divisions creating three or more lots as described above, the planning commission shall review each land division application for conformance with the standards contained in this division, and other applicable standards of this chapter. If the proposed land division complies with the standards of this division and other applicable standards of this chapter, it shall be approved.

(d)

Per land divisions creating fewer than three lots, the zoning administrator shall review and act on the application in place of the planning commission.

(e)

The planning commission or zoning administrator shall take action to approve, disapprove or conditionally approve a land division within 45 days following receipt of a completed application.

(Ord. No. O-041403-1, § 12, 4-24-2003)

All land divisions in residential and agricultural zoning districts shall comply with the following standards:

(1)

Permitted lots, minimum lot size and width. Lots established by a land division, including the minimum size and width of individual lots, shall comply with the requirements of the zoning district in which the land is located. In no case shall the number of lots exceed the maximum permitted for the subject parcel by the Land Division Act, PA 591 of 1996, as amended.

(2)

Lot shapes. Shapes of all lots shall be rectangular, to the extent practicable, but may he irregularly shaped to respond to site natural features, such as topography, locations of woodlands, wetlands, or other significant natural features.

(3)

Maximum length-to-width ratio. In no case shall any lot, including the remainder of a parent parcel, have a length-to-width ratio in excess of three-to-one (3:1). For purposes of this measurement, the lot length shall be the average distance between the front and rear lot lines, and the lot width shall be the average distance between the two side lot lines.

(4)

Lot access. All lots created by the land division shall have legal access to a public street in conformance with the provisions of this chapter. All parcels created by the land division shall have the capability of being provided with safe vehicular access to a public road, including driveway sight distance sufficient to avoid public hazard.

(5)

Buildable area. All lots created by the land division shall have land area having natural features suitable for building construction for uses permitted in the zoning district in which the parcel is located, and be capable of being developed in compliance with applicable building setback requirements as specified in the township's zoning ordinance.

(6)

Size, shape, and arrangement of lots and building envelopes. In addition to complying with the required dimensional standards, the size, shape, and arrangement of lots and building envelopes shall be such that the following objectives, to the maximum extent practical, are accomplished, in the judgment of the planning commission:

a.

Building envelopes are located such that they are least visible from the adjoining public road and adjoining properties.

b.

Building envelopes are located such that excavation for buildings and access drives avoids wetlands, steeply sloped areas, and other sensitive natural features, and such that natural vegetated buffers are maintained adjacent to wetlands and streams.

c.

Building envelopes arc located to avoid placement of buildings on prominent hilltops and ridgelines, in order to maintain scenic views and the natural visual qualities of the township.

The planning commission may require modifications to the size, shape and arrangement of lots and building envelopes on the subject property, and may require the installation of landscape plantings to provide visual screening and buffering, as deemed necessary to achieve the purposes and objectives of this section and this chapter.

(7)

Provision of natural vegetation zones in conformance with section 78-32, riparian area protection standards. When a land division results in the creation of a new lot, excluding the remainder parcel, which includes land that is within the "natural vegetation zone" as defined in section 78-32, any existing conditions on the subject lots that do not comply with the intent, purpose and development standards for the "natural vegetation zone" contained in section 78-32 shall not constitute a lawful nonconforming use, and the area within the "natural vegetation zone" shall be required to be brought into conformance with the intent, purpose and development standards for the "natural vegetation zone" as provided in section 78-32. This shall be accomplished through the preparation and implementation of a native vegetation planting plan on the new lot or lots. The native vegetation planting plan shall be submitted as part of the site plan application for the land division. Implementation of the plan shall be required as a condition attached to any building permit issued for construction of a dwelling unit or other building on the subject lot.

(8)

Other requirements. Each lot to be created by the proposed land division shall fully comply with all other requirements of the township's zoning ordinance.

(Ord. No. O-041403-1, § 12, 4-24-2003; Ord. No. O-061305-2, § 18, 6-13-2005; Ord. No. O-021710-1, § 18, 2-17-2010; Ord. No. O-011022-1, § 1, 1-10-2022)

All land divisions in any zoning district other than the AGP, RP-1, RP-2, RR, R-1, R-2, R-3 and VR zoning districts shall fully comply with all other requirements of the township's zoning regulations. When a land division results in the creation of a new lot, excluding the remainder parcel, which includes land that is within the "natural vegetation zone" as defined in section 78-25, any existing conditions on the subject lots that do not comply with the intent, purpose and development standards for the "natural vegetation zone" contained in section 78-25 shall not constitute a lawful nonconforming use, and the area within the "natural vegetation zone" shall be required to be brought into conformance with the intent, purpose and development standards for the "natural vegetation zone" as provided in section 78-25. This shall be accomplished through the preparation and implementation of a native vegetation planting plan on the new lot or lots. The native vegetation planting plan shall be submitted as part of the site plan application for the land division. Implementation of the plan shall be required as a condition attached to any building permit issued for construction of a building on the subject lot.

(Ord. No. O-041403-1, § 12, 4-24-2003; Ord. No. O-061305-2, § 19, 6-13-2005; Ord. No. O-021710-1, § 19, 2-17-2010)

Any lot created in conflict with the provisions of this division shall not be eligible for issuance of any building permits, site plan approval, private road permit, special use permit, planned unit development approval, zoning variance or subdivision approval.

(Ord. No. O-041403-1, § 12, 4-24-2003)

The division or splitting of a platted lot shall follow the same procedures, requirements, and standards that are applicable to the division of unplatted metes and bounds parcels as specified in this division 3 of chapter 78, except that all such alterations to a platted lot shall be subject to review and approval of a site plan by the planning commission pursuant to the procedures and standards contained in section 78-544 (regardless of the zoning district where the platted lot or lots are located).

(Ord. No. O-061322-1, § 2, 6-13-2022)

This section contains standards and procedures for review and approval of residential developments that meet the criteria for open space preservation development design set forth in Section 16h.(1)(a)—(d) of the Township Zoning Act, P.A. 184 of 1943, as amended by P.A. 177 of 2001. The purpose of these standards and procedures is to provide an expedited review and approval procedure and greater certainty of approval than is provided under alternative review procedures, for residential development designs that set aside in perpetuity a minimum of 50 percent of the property as open space. It is the further purpose of these regulations to encourage the preservation of natural land and significant natural features in the township, to encourage development designs that preserve natural views along major road corridors and maximize separation between home sites in new development and adjacent public roads and adjacent properties outside the development boundary.

(Ord. No. O-041403-1, § 12, 4-24-2003)

(a)

An "open space preservation development," also referred to herein as an "OSP Development," is defined as division of a parcel of real property into several single-family residential lots, through creation of a subdivision plat, condominium subdivision or "metes and bounds" land divisions, in a manner that meets all of the following criteria:

(1)

The protection of substantial open space is established as the primary site design objective, achieved through the clustering or grouping of lots upon a portion of the property, and the preservation of the remaining part of the property as permanently undeveloped open space.

(2)

The property is located in one of the following zoning districts:

Agricultural Preservation (AGP)

Rural Preservation-1 (RP-1)

Rural Preservation-2 (RP-2)

Rural residential (RR)

Low density single-family residential (R-1)

Single-family residential (R-2), if the property is served by a public sewer system.

Single-family residential (R-3), if the property is served by a public sewer system.

(3)

A minimum of 50 percent of the property is set aside in perpetuity as undeveloped open space, meeting the criteria set forth in this division.

(b)

An OSP development may be established using any of the following legal mechanisms for creation of lots to be used for detached single-family dwellings (as used in this article, the term "lot" shall include a condominium unit in a site condominium.):

(1)

A subdivision pint, under provisions of the land division act and the Ada Township Subdivision Ordinance.

(2)

Division of property into parcels described by "metes and bounds," under the provisions of the land division act and the procedures for approval of land divisions contain in this article.

(3)

Establishment of a condominium subdivision, under the provisions of the condominium act, and in accordance with the requirements of this article.

(c)

The requirements for review and approval of an OSP development under the provisions of this division are in addition to the requirements contained elsewhere in this Code of Ordinances for review and approval of subdivision pints, site condominiums and land divisions. To the extent practicable, required applications, staff reviews and approvals by the planning commission and township board for subdivision plats, site condominiums or land divisions may occur simultaneously with the procedures set forth in this division.

(Ord. No. O-041403-1, § 12, 4-24-2003; Ord. No. O-021710-1, § 20, 2-17-2010)

(a)

Property set aside as designated open space in an OSP development shall be configured to achieve one or more of the following objectives:

(1)

To provide common recreational area for use by the residents of the development or by the public.

(2)

To protect and preserve environmentally sensitive areas, such as floodplains, wetlands, land in close proximity to rivers, creeks, ponds, or lakes, steeply sloped areas, woodlands or other sensitive environmental features which may exist on the property.

(3)

To provide visual and spatial separation between the developed areas of the property and adjoining property.

(4)

To provide open space along public road corridors, so as to maintain a natural character along public roadways, and provide separation between proposed dwelling sites and roads, as encouraged in the Ada Township Master Plan.

(b)

Except as otherwise approved by the planning commission, no property designated as open space shall be less than one acre in size.

(c)

Property devoted to public or private sheet easements or right-of-way shall not be included in computing the area of designated open space.

(d)

Access to designated open space which is suitable for active use shall be provided from all areas of the OSP development by means of public or private streets, or by pedestrian access ways having a minimum legal access width of 20 feet.

(e)

All designated open space shall be preserved and protected for the sole benefit, use and enjoyment of the residents of the OSP development, provided, however, that designated open space may be, but is not required to be, dedicated for public use, through an easement dedication or dedication of fee simple title, if such dedication is accepted by the township board.

(f)

Property designated as open space in an OSP development shall be perpetually preserved in an undeveloped state through use of a conservation easement held by the township or a qualified land trust, a plat dedication, restrictive covenant, or other instrument of record that runs with the land. This legal instrument shall be subject to approval by the township's legal counsel, prior to being recorded with the office of the Kent County Register of Deeds. For purposes of this paragraph, the term "undeveloped state" shall mean a natural state or condition that preserves the natural resources, natural features or scenic or wooded condition of the property; agricultural use; or a similar use or condition. Property in an undeveloped state shall not include a golf course, but may include a recreational trail, a picnic area, children's play area, greenway or linear park.

(g)

A minimum of 50 percent of the gross land area of the OSP development shall be designated as open space.

(h)

Designated open space shall be subject only to uses approved by the township planning commission on the approved OSP development plan. Division of designated open space into separate ownership interest through a subdivision plat, condominium or land division is prohibited.

(i)

Structures or buildings which are accessory to the designated open space may be erected within designated open space area, if included on the OSP development plan approved by the township. The size, location, design, appearance and use of any accessory structure or building located within a designated open space area shall be compatible with the character, natural features and intended use of the open space area.

(j)

Unless ownership of the designated open space is conveyed to the township, another governmental entity or a qualified land trust, it shall be owned in common or undivided interest by all of the lot, parcel or condominium unit owners within the OSP development. Responsibility for management and control of the designated open space shall be exercised by an association of owners created through an instrument of record.

(k)

Prior to issuance of any building permits for dwellings within an OSP development, the conservation easement, plat dedication, restrictive covenant, dedication for public use or other legal instrument intended to ensure the perpetual preservation of the designated open space in the OSP development shall be recorded with the Kent County Register of Deeds.

(Ord. No. O-041403-1, § 12, 4-24-2003)

(a)

Lot area, lot width and principal building setbacks in an OSP development may be less than the otherwise applicable minimum standard of the zoning district designation of the property, subject to the following alternative minimum standards:

(b)

Principal use permitted on a lot in an OSP development shall be limited to one detached single-family dwelling.

(c)

The number of single-family dwelling lots permitted in an OSP development shall be limited to the smaller of the numbers determined by the following two methods:

(1)

The number determined by the gross acreage of the property, reduced by a factor of 15 percent to account for land devoted to road right-of-way, divided by the otherwise applicable minimum lot size required for a single-family dwelling in the zoning district designation of the property.

(2)

The number of lots which could realistically and reasonably be developed on the property in conformance with the otherwise applicable minimum lot area, minimum lot width and all other applicable dimensional standards of the zoning district designation of the property, as demonstrated by a comparison plan submitted by the applicant, as provided in the review and approval procedures contained herein.

(d)

Except as expressly waived in this section, property within an OSP development shall be subject to all applicable development standards contained within this chapter, including, but not limited to, maximum building height, accessory building regulations, street access requirements, regulations regarding keeping of animals and home occupation regulations.

(e)

To the extent practicable, the arrangement of lots, access roads and designated open space within an 0SP development shall achieve the following objectives:

(1)

The layout shall maximize visual screening of residences from the adjoining, pre-existing public street network,, and from other adjacent properties.

(2)

All lots shall be accessed through an interior network of public or private streets. Unless specifically waived by the township, individual lots shall not be accessed directly from the pre-existing public road adjacent to the property.

(3)

When a new interior street within the OSP development will provide a through-connection to one or more public roads, or is planned to be extended to an adjoining property, it shall be constructed and dedicated as a public road in the Kent County road system. Alternatively, subject to approval by the township, such a street may be constructed as a private road located upon a 66-foot wide easement granted to the township for public ingress and egress. If approved as a private road, the township shall have no obligation or liability for the private road or maintenance thereof by virtue of the right-of-way/easement

(4)

Private road culs-de-sac shall be designed with a landscaped island having dimensions approved by the township engineer.

(5)

Streets systems should be designed so that their curvature or alignment produces "terminal vistas" of open space elements, such as water features, meadows, or playing fields. This may commonly occur at the terminus of street intersections or through the use of single-loaded streets.

(6)

All utilities, including telephone, electric and cable television, shall be placed underground.

(7)

Street lighting shall be permitted only if authorized in the OSP development plan approved by the township. The design and style of any street lighting shall be subject to the approval of the township.

(Ord. No. O-041403-1, § 12, 4-24-2003; Ord. No. O-021710-1, § 21, 2-17-2010)

(a)

An OSP development shall be subject to the planning commission's review and approval of a preliminary OSP development plan and a final OSP development plan, according to the procedures of this section. In addition, an applicant may request a pre-application conference with the planning commission, as described below.

(b)

Pre-application conference. Prior to submitting a preliminary OSP development plan application, the applicant may meet with the planning commission for the purpose of preliminary discussion and review regarding the general content and design approach of the proposed OSP development. An applicant desiring a pre-application conference must submit to the zoning administrator a written request that the conference be placed on the planning commission's agenda. The request must be submitted at least 14 days prior to the planning commission meeting at which the conference is to take place. Statements made by any person during the course of a pre-application conference shall not be deemed to constitute legally binding commitments.

(c)

Preliminary OSP development plan application.

(1)

A preliminary OSP development plan application shall include 12 copies of the following described materials, submitted to the zoning administrator for transmittal to the planning commission, not less than 21 days prior to the planning commission meeting at which the request will first be considered:

a.

A completed application form as supplied by the township. The application form must be signed by the applicant, and by the owners of all property included within the OSP development (if different than the applicant).

b.

A preliminary OSP development plan encompassing all phases of the proposed development, containing all information required by section 78-524.

c.

An alternative plan which demonstrates the manner in which the property could reasonably and realistically be developed in conformance with all applicable standards of the zoning district of the property at the time of submittal of the OSP development application.

d.

A traffic impact assessment shall be prepared and submitted if the development exceeds 40 lots. The traffic impact assessment must contain the following information:

(1)

Description of existing daily and peek hour traffic volumes on adjacent streets.

(2)

Projected vehicle trip generation for the proposed uses in the development, for morning and afternoon peak hours, as well as average daily traffic.

(3)

Distribution of projected traffic generated by the development onto the adjacent street network.

(4)

Analysis of the impact of projected traffic on the capacity and level of service at all roadway sections and intersections where 20 percent or more of the projected traffic is composed of traffic generated by the proposed development.

(5)

Analysis of mitigation measures needed, if any, to serve projected traffic volumes.

e.

Payment of an application fee and escrow deposit, as specified in section 78-65 and in accordance with the fee schedule established by resolution of the township board. The application shall not be accepted unless the required fee is paid in full.

The planning commission may waive any of the application requirements provided above (except for the application fee), if the commission determines that the requirement to be waived is not applicable to the development under consideration or Is otherwise unnecessary to meet the intent and purposes of this chapter.

(2)

Planning commission review of preliminary OSP development plan.

a.

This planning commission shall review the preliminary OSP development plan at a regular or special meeting, and, within a reasonable time of its first consideration by the commission, shall take action to approve, approve with conditions or deny the proposed plan. The preliminary plan shall only be approved if it compiles with all applicable standards of this chapter.

b.

Reasonable conditions may be imposed by the planning commission in conjunction with approval of a preliminary OSP development plan, for the purpose of ensuring that the standards for approval contained within this section and other applicable sections of this chapter are met.

(3)

Approval term and expiration.

a.

Approval of the preliminary OSP development plan shall confer upon the applicant for a period of one year the right to submit a final OSP development plan application for the development (or for the first phase, in the case of a phased development).

b.

If a final OSP development plan application is not submitted within the one year period, the preliminary OSP development plan approval shall lapse, and shall no longer be valid. However, the planning commission may extend the time for submission of the final OSP development plan application, for good cause, if the applicant requests an extension prior to the expiration of the initial one-year period. If preliminary OSP development plan approval lapses, any subsequent development of the property as an OSP development shall be permitted only upon submittal of new applications for preliminary and final OSP development plan approval under the provisions of this division, and their approval by the planning commission.

c.

If the approved preliminary OSP development plan provides for phasing of the development, a final OSP development plan application for at least the first phase shall be submitted within the time limitations contained in this section. Final OSP development plan applications for subsequent phases shall be submitted within any time period established by the township as a condition of approval of the preliminary OSP development plan.

(d)

Final OSP development plan application.

(1)

A final OSP development plan application may be submitted for the entire property, or for one or more sequential phases of the development, if the phases conform to the provisions for phased development contained in the preliminary OSP development plan approval.

(2)

A final OSP development plan application shall include 12 copies of the following described materials, submitted to the zoning administrator for transmittal to the planning commission, not less than 21 days prior to the planning commission meeting at which the application will be considered:

a.

A completed application form as supplied by the township. The application form must be signed by the applicant, and by all of the owners of the property within the OSP development, if different than the applicant.

b.

A final OSP development plan containing all information required by section 78-524.

c.

Payment of an application fee and escrow deposit, as specified in section 78-65 and in accordance with the fee schedule established by resolution of the township board. The application shall not be accepted unless the required fee is paid in full.

The planning commission may waive any of the application requirements provided above (except for the application fee), if the commission determines that the requirement to be waived is not applicable to the development under consideration or is otherwise unnecessary to meet the intent and purposes of this chapter.

(3)

Planning commission review of final OSP development plan; standards for approval.

a.

The planning commission shall review the final OSP development plan and accompanying application materials, and shall approve, approve with conditions or deny the request for final OSP development plan approval.

b.

The final OSP development plan shall be approved if it complies with the "open space qualifications and requirements" contained in section 78-553, the "development standards for open space preservation development" contained in section 78-554, the standards for site plan approval contained in section 78-525, and the following standards:

(1)

The overall design of the OSP development shall be consistent with the intent of this division and the specific design standards set forth herein.

(2)

The OSP development shall be served by the necessary public facilities to assure the public health, safety, and welfare of residents and users of the development.

(3)

The OSP development shall be designed to minimize the impact of traffic generated by the development on the surrounding street network.

(4)

The OSP development shall be designed so as to be in character with surrounding conditions as they relate to the bulk and location of structures, pedestrian and vehicular circulation, landscaping, and amenities.

(5)

The OSP development shall be designed and constructed so as to preserve the integrity of existing on-and off-site sensitive and natural environments, including wetlands, woodlands, hillsides, water bodies, and groundwater resources.

(6)

The designated open space within the OSP development shall be of functional value as it relates to one or more of the following: opportunities for wildlife habitat, woodland preservation, wetland preservation, agricultural production, recreation, scenic value, surface water quality protection, or ground water quality protection.

c.

Reasonable conditions may be imposed by the planning commission in conjunction with approval of a final OSP development plan, for the purpose of ensuring that the standards for approval contained within this section and other applicable sections of this chapter are met.

d.

Performance guarantees to assure compliance with an approved final OSP development plan and any conditions of approval may be required by the planning commission as authorized under Section 16f of the Zoning Enabling Act. The performance guarantee may consist of a cash deposit, certified check; irrevocable bank letter of credit, or surety bond, in a form acceptable to the township, covering the estimated costs of improvements associated with the development. The performance guarantee shall be deposited with the township clerk at the time of issuance of the permit authorizing the improvement activity or project. If requested by the depositor, the township shall rebate a proportional share of any cash deposit, based on the percentage of work completed on the date of the request far the rebate, as attested to by the depositor and verified by the building inspector.

(Ord. No. O-041403-1, § 12, 4-24-2003)

Following approval of a final OSP development plan, no construction shall be undertaken on the property included within the plan except in conformity with the approved plan and any conditions imposed in connection with the approval.

(Ord. No. O-041403-1, § 12, 4-24-2003)

Changes to an approved final OSP development plan or to any conditions imposed on the approval may be made only if approved by the planning commission, upon submittal of an application for approval of a revised final OSP development plan, subject to die same requirements and procedures as provided herein for an original application for final OSP development plan approval.

(Ord. No. O-041403-1, § 12, 4-24-2003)

(a)

Construction shall be commenced and shall proceed meaningfully toward completion within one year from the date of final OSP development plan approval for all or any phase of the development, if a phasing plan is approved for the development, construction of each phase shall be commenced within one year of the schedule established for each phase.

(b)

If construction is not commenced within the applicable one-year period, approval of the final OSP development plan shall lapse, and shall no longer be valid. However, the planning commission may extend the time for commencement of construction if the applicant requests an extension of the approval prior to expiration, and demonstrates to the satisfaction of the commission that the extension is justified either:

(1)

Because the delay is due to unforeseen difficulties beyond the reasonable control of the applicant, and there remains a likelihood of proceeding to completion with the development; or

(2)

Upon other good cause shown by the applicant.

(c)

If the zoning administrator determines that construction has not commenced or is not proceeding meaningfully toward completion within the required time period as provided by this section, the zoning administrator shall provide written notice of that failure to the applicant (and to the owners of the property located within the development, if different than the applicant) at least 14 days prior to the expiration of the applicable required time period.

(d)

If final OSP development plan approval lapses as provided by this section, the preliminary OSP development plan approval shall also lapse and shall no longer be valid. My subsequent development of the property as an OSP development shall be permitted only upon submittal of new applications for preliminary and final OSP development plan approval under the provisions of this division, and their approval by the planning commission.

(Ord. No. O-041403-1, § 12, 4-24-2003)