Allendale Charter Township
City Zoning Code
City Zoning Code
ARTICLE 24
Site Plan Review
[Amended 4-8-2013 by Ord. No. 2013-4]
§ 470-24.01 Purpose.
The purposes of site plan review are: to determine compliance with the provisions of this chapter; to promote the orderly development of the Township; to prevent the depreciation of land value through uses or structures which do not give proper attention to siting or area protection; to provide consultation and cooperation between the applicant and the Township Planning Commission in order that applicants may accomplish their objectives in the utilization of their land within the regulations of this chapter; and to achieve the purposes of the Allendale Township Master Plan.
§ 470-24.02 Site plan required.
A site plan shall be submitted for review and approval prior to the issuance of a building permit as follows:
Planning Commission review is required for the following:
Construction of a new non-residential principal building or permitted principal use or a new residential principal building or principal permitted use containing three or more dwelling units.
An alteration or enlargement of an existing building or property such that additional parking spaces are required by this Zoning Ordinance.
A change in the principal use of a building or property such that additional parking spaces are required by this chapter.
Special land uses and planned unit developments.
Mobile home parks.
Parks and recreation areas.
All other uses requiring site plan approval as required by this chapter.
Staff review.
The following uses shall be reviewed by the Township Zoning Administrator and may be reviewed by the Township Planner and Township Engineer if deemed necessary by the Zoning Administrator, to ensure compliance with the site plan review requirements and all other applicable requirements of Chapter 470, Zoning.
The Zoning Administrator may also refer the following uses, except for farm buildings, to the Planning Commission to be reviewed in accordance with the requirements of this chapter. Review of site plans by staff shall be in accordance with the same procedures, requirements and standards used by the Planning Commission except the number of site plan copies and submittal date shall be subject to the discretion of the Zoning Administrator.
The Zoning Administrator may waive specific site plan review submittal requirements if it is determined that such requirements are not relevant to the site plan under consideration. The Zoning Administrator shall keep a record of those items specifically waived and document reasons for the waiver.
Expansion of an existing use or building which does not increase the intensity of the use or result in the need for additional parking as required herein and which would not otherwise require review by the Planning Commission.
Construction of a building or structure which is accessory to the principal use or building.
For farm buildings as defined herein in applicant shall provide an accurate drawing to the Zoning Administrator illustrating the property proposed for the building, dimensions of the building, setbacks from lot lines and other information pertaining to the building, as may be required by the Zoning Administrator to determine compliance with applicable Township ordinances. A building permit is not required for a farm building except as may be required by the State of Michigan Construction Code.
Exemptions. The following shall be exempt from Planning Commission and Zoning Administrator review of their site plans in all districts:
A single or two family dwelling or mobile home on a lot on which there exists no other principal building or use.
The removal of 1,000 yards or less of topsoil, sand, gravel, or minerals.
The Planning Commission may waive site plan review for a particular project or for a particular class of projects.
§ 470-24.03 Application requirements.
An application for site plan review along with 12 site plans as required by the Township shall be submitted to the Township offices along with the fee as set by the Township Board in accordance with the submittal schedule established by the Planning Commission which is available in the Township offices.
In addition to the site plan prints the applicant shall also provide an electronic version of the site plan in a form acceptable to the Township. The application shall at a minimum contain the following information:
The applicants name, address and phone number.
Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.
The name, address and phone number of the owner(s) of record if different from the applicant.
The address of the property.
Legal description of the property.
Current zoning.
Project description.
Size of the parcel in acres.
Signature of the applicant and owner of the property.
§ 470-24.04 Preliminary site plan contents and procedures.
If desired by the applicant, a preliminary site plan may be submitted to the Planning Commission. The purpose of this procedure is to allow discussion between the applicant and the Planning Commission, to better inform the applicant of the acceptability of the project before significant engineering efforts are incurred which might be necessary for final site plan approval.
Applications for preliminary site plan review shall be made in accordance with the application procedures of this section.
Upon receipt of the preliminary site plan and application, the preliminary plan may be forwarded to the Township Fire Chief, Planner, Engineer and others as necessary for review and subsequent report to the Planning Commission.
The preliminary site plan shall be drawn at a scale of not more than inch equals 100 feet (1"=100') and shall contain the following information unless specifically waived by the Planning Commission or Zoning Administrator.
Lot lines with dimensions.
Existing adjacent streets and proposed streets, public or private, as well as buildings and land uses within 100 feet of the site.
Parking lots and access points.
Proposed buffer strips or screening.
Existing and proposed buildings.
Building setbacks from lot lines.
Proposed method of providing public or private utilities including storm drainage.
Small-scale sketch of properties, streets and zoned uses of land within one-quarter mile of the site, sufficient to illustrate the existing character and development in the area of the site.
A separate site analysis illustrating existing site conditions including but not limited to open space, stands of trees, watercourses, wetlands, ponds, floodplains, hills and general topographical features including existing contour intervals not greater than two feet.
The Planning Commission shall review the preliminary site plan and may make recommendations to assist the applicant in preparing a final site plan which will conform to the standards of this chapter.
§ 470-24.05 Final site plan contents and procedures.
[Amended 3-25-2019 by Ord. No. 2019-5]
If desired by the applicant, a final site plan may be submitted for review without first receiving preliminary site plan approval except for all PUD applications requiring approval by this chapter. Application for final site plan review shall be made in accordance with the application procedures of this section and shall be reviewed in accordance with the same procedures for preliminary site plans.
Upon receipt of the site plan and application, a copy may be forwarded to the Township Fire Chief, Planner, Engineer and others as necessary for review and subsequent report to the Planning Commission.
Final site plan requirements. Applications for final site plan review shall submit three separate plans: one that contains the information below for the section entitled Final Site Plan Contents, one that illustrates the existing site analysis as noted below and a landscape plan. All plans shall contain the following information unless specifically waived by the Zoning Administrator or Planning Commission in whole or in part.
Final site plan contents.
The date, North arrow and scale. The scale shall not be more than 1" = 20' if the site is less than two acres, 1" = 40' if the site is less than six acres, and 1" = 100' feet if the site is greater than six acres.
The name, firm and professional seal of the engineer, architect, surveyor or landscape architect who prepared the site plan.
Small-scale sketch of properties, streets and zoned uses of land within one-quarter mile of the site, sufficient to illustrate the existing character and development in the area of the site.
A sketch drawn to scale illustrating the location of the site within the Township.
Legal description and common or popular description of the subject property.
The size in acres and square feet of the subject property.
All lot or property lines are to be shown with bearings and dimensions, including building setback lines on corner lots.
The location of all existing structures within 100 feet of the subject property's boundary.
The location of all existing and proposed structures on the subject property.
The location and dimensions of all existing and proposed drives, sidewalks, curb openings, parking areas including total number of parking spaces, recreation areas, common use areas, and areas to be conveyed for public use and purpose.
The location, pavement width and right-of-way width of all abutting roads, streets, alleys or easements. Land must be reserved and shown on the site plan for any future streets illustrated on the Township Master Plan that are located on the site.
The existing zoning of all properties abutting the subject property.
The location and size of all subsurface and surface water drainage facilities, existing and proposed; and any established floodplain areas, bodies of water or other unbuildable areas if present on the site.
Existing and proposed contour intervals shall be shown at not less than two feet intervals.
Size and location of existing and proposed hydrants and utilities, including proposed connections to public sewer or water supply systems.
Architectural elevations of the proposed building or buildings.
Summary schedules and views should be affixed as applicable in residential development, which give the following data:
The net residential area which is total size of parcel minus any portion of the site within the road right-of-way expressed in acres and in square feet.
The number of dwelling units proposed (be type) and the number of bedrooms for each type.
Typical lot size dimensions if detached housing is contemplated.
Typical elevation views of the front and side and rear of each type of building.
Proposed density of the net residential site.
Proposed phasing.
Solid waste disposal facilities are required and shall be designed and located in accordance with § 470-24.06H.
Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials as well as any containment structures or clear zones required by this chapter or by state or federal agencies.
The size, location, and lighting of all permanent signs and outdoor advertising structures or features shall be shown on the site plan.
The Planning Commission may require written statements relative to the effects on the existing traffic capacity of streets, and the prosed development's impact on public safety, existing utilities, the environment and natural features.
The Commission may request additional studies, graphics or other written materials from the applicant in order to assist in determining the appropriateness of the site plan.
Site analysis plan. This plan shall illustrate the existing site conditions including but not limited to open space, stands of trees, watercourses, wetlands, ponds, floodplains, hills, and general topographical features including existing contour intervals not greater than two feet. See Figure 1 at end of article.
Landscape plan. This plan shall be prepared at a scale of 1" = 20' or larger which, at a minimum, shall include:
The name, address and seal of the landscape architect responsible for the preparation of the landscaping site plan.
Property dimensions for the subject property and a North arrow.
The location, type, and size of major existing plant materials, including all trees, with information as to which materials will be removed, retained, or relocated.
The location, type, and size (tree, shrub, ground cover, or grass) of proposed landscaping in the proposed landscape areas.
The location and a description of proposed earth berms, walls, fences, screens, sculptures, fountains, street furniture, and light fixtures.
The location, size and surface materials proposed for stormwater detention areas, parking areas, driveways, curb cuts, and sidewalks or pedestrian walkways.
The location, type and other pertinent information related to the irrigation system.
The irrigation system shall be designed for the efficient use of water by reducing runoff, low head drainage, overspray, and other similar conditions where irrigation water flows onto areas not intended for irrigation, such as adjacent property, hardscapes, roadways, or structures.
Bedrock aquifer wells may be used only when connection to a public water system or a natural water source system utilizing rain water, surface water, or glacial aquifer well water capable of providing sufficient volume, is not reasonably available.
The irrigation system shall be designed utilizing current soil and groundwater data to employ optimal watering and fertilization techniques that ensure landscaping is provided in accordance with Article 21A herein. Soil additives shall not increase the sodium chloride levels of the groundwater.
All irrigation systems shall be equipped with automatic irrigation controllers utilizing weather or soil-moisture data to prevent overwatering.
Flow sensors that detect high flow conditions created by system damage or malfunction are required to be installed.
Dedicated landscape water meters shall be required for landscape areas greater than 1,000 square feet.
When required by the Township, all owners of underground irrigation systems shall document weekly meter reads for early identification of leaks, stuck valves, or any abnormalities in the irrigation system. Documented meter reads are subject to inspection by the Township at any time. The Township may require documented meter reads to be submitted.
Irrigation systems shall be kept in good working condition and repair to prevent leaks or public health hazards. Any owner, manager, or person responsible for the day-to-day operation of any premises shall, within 72 hours after such person first learns of a leak, break, or defect, repair any irrigation system.
The areas proposed to be landscaped in conjunction with buildings or buildings or parking lot improvements and those areas proposed for landscaping in connection with future development.
A certification by a licensed landscape architect that the plan satisfies the requirements of the chapter subsection.
Final site plan approval procedures.
The Planning Commission shall review the site plan according to the general standards for site plan review as contained in this article and any other applicable regulation of this chapter. Based on these standards and regulations, the Commission shall approve, deny, or approve the site plan with conditions.
If approved, the applicant shall revise the site plan as required by the Planning Commission and submit the final site plan to the Zoning Administrator, Township Planner, Engineer, Fire Chief or others as necessary to insure that all revisions as required by the Planning Commission have been made. The Commission may require that the revised site plan be brought back to the Commission before approval is granted.
Upon approval of the final site plan three copies of this plan shall be stamped as approved, dated and signed by the Planning Commission Chair or the Zoning Administrator. On copy of the approved plan shall be retained by the applicant, one shall be retained by the Building Inspector as port of the building permit review process, and one copy shall be kept by the Township. The applicant shall also provide an electronic version of the final site plan in a form acceptable to the Township.
Issuance of building permit. The Building Inspector shall issue a building permit upon receipt of an approved final site plan, providing all other applicable Township regulations have been met including compliance with the Township Building Code.
§ 470-24.06 Standards for approval.
[Amended 9-12-2016 by Ord. No. 2016-13; 8-12-2019 by Ord. No. 2019-10; 2-14-2022 by Ord. No. 2022-01]
Prior to approving a site plan, the Planning Commission shall require that the following standards and requirements be satisfied. If these standards and all other requirements of applicable Township ordinances are met, the site plan shall be approved.
General access requirements.
The Planning Commission shall have the authority to require a frontage road or rear service drive for contiguous parcels along Lake Michigan Drive (M-45) or other streets as deemed necessary. The Planning Commission shall also have the authority to limit the number of driveways for a site, to require that parking lots on contiguous parcels be connected, that driveways for contiguous parcels be shared, that opposite driveways be directly aligned and that specific turning movements be restricted or prohibited. In determining whether the above or other access control measures are necessary, the following criteria shall be considered:
The type and location of commercial uses on the site and adjacent to the site.
The location, size and design of existing and proposed parking areas.
The existing and projected traffic volume on the roadway and adjacent roadways.
Compatibility between adjacent land uses and likelihood of change or expansion.
Number of parcels involved, location of lot lines and amount of road frontage.
Topography and site distance along adjacent roadways and on the site.
Distance from intersections.
Location of driveways opposite the site.
Width of roadway and number of lanes.
Environmental limitations (steep slopes, water, or vegetation).
Sufficient building setback.
Recommendation of the Township Master Plan.
The site shall be designed to minimize or avoid conflicting and unsafe vehicle turning movements on the site and at driveways serving the site; avoid driver sight obstructions; separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of the proposed buildings and structures and the neighboring properties and provide for vehicle access between adjoining parcels where practicable.
All buildings or groups of buildings shall be arranged to permit necessary emergency vehicle access as requested by the Township Fire Department.
All streets and driveways shall be developed in accordance with Chapter 405, Subdivision of Land, of the Township Code, the Ottawa County Road Commission or Michigan Department of Transportation (MDOT) specifications, or developed as a private road in accordance with the requirements for private roads as contained in the chapter.
Environmental considerations.
Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features, or other buildings.
Areas of natural drainage such as swales, wetlands, ponds, or swamps shall be protected and preserved insofar as practical in their natural state to provide areas for natural habitat, preserve drainage patterns and maintain the natural characteristics of the land.
Stormwater management: Appropriate measure shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public stormwater drainage system. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create puddles in paved areas. If practical, stormwater shall be removed from all roofs, canopies, and paved areas and carried away in an underground drainage system. Temporary on-site storage to reduce peak run-off from the site is encouraged. Catch basins may be required to contain oil filters or traps to prevent contaminants from being discharged to the natural drainage system.
Sidewalks and pedestrian circulation.
Sidewalks shall be provided along those portions of the site which have frontage on a public or private street for safe pedestrian movement, and to enhance the pedestrian accessibility of the site. The sidewalks shall be designed to Ottawa County Road Commission standards. In cases where a sidewalk, or a portion of a sidewalk, is outside of the public street right-of-way, a public easement for sidewalk purposes shall be provided to the Township. Sidewalks shall be installed in conjunction with the development of the site unless arrangements are approved by the Commission to install the sidewalks at a subsequent date.
All commercial retail and service establishments shall include a pedestrian walkway adjoining the establishment's front wall and running the length of the front wall and interconnected to the pedestrian walkways(s) along the public or private roads and driveways.
All internal pedestrian walkways extending through the parking driveways and access aisles shall be continuous and constructed of dissimilar materials than that of the parking lot or driveway i.e., colored and/or stamped concrete, brick pavers, etc. All such walkways shall be a minimum of five feet wide.
In the Commercial and Office Zoning District and for such uses in a PUD zoning district a sidewalk shall be provided from the principal building to the sidewalk within any public right-of-way abutting the site. Such sidewalk shall be a minimum of eight feet wide in order to serve as a recognizable entrance point to the public. The Planning Commission may allow modifications to this requirement if, in the opinion of the Commission, such sidewalk is impractical due to the type of business, the likelihood of pedestrian use, the design of building, the distance to the public sidewalk or a practical difficulty due to natural site features.
The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and pedestrian or bicycle pathways in the area.
Landscaping and buffering.
The site plan shall provide reasonable visual and sound privacy for adjacent dwelling units and for dwelling units on the proposed site. Fences and walls may be required by the Planning Commission, as appropriate to accomplish these purposes. The finished side of any wall or fence shall face adjacent properties.
Lighting.
Lighting fixtures used to illuminate off-street parking areas and all other exterior lights including building lights shall be located, aimed, and shielded so as to minimize light trespassing across property boundaries and shall be so arranged as to deflect the light away from adjoining residential properties or streets and highways. Lighting fixtures in required parking facilities for commercial, industrial, or office districts within 150 feet of any residential zoning district are shall not exceed 20 feet in height. All other fixtures shall not exceed 35 feet in height. Light fixtures shall be designed to achieve total luminary cutoff.
The Planning Commission may require additional lighting for internal pedestrian walkways to avoid any dark areas.
Utility service. New electric and telephone distribution lines shall be underground. Any existing utility installations remaining above ground shall be located so as to have a harmonious relationship to neighboring properties and the site. Connection to public sewer and water facilities in accordance with Township standards shall be provided where available. Onsite sewage systems shall be approved by the Ottawa County Health Department.
Outdoor features.
Exposed storage areas, exposed machinery installations, fuel storage tanks, product storage tanks, outdoor mechanical equipment, roof top mechanical equipment, service areas, truck loading areas utility buildings and structures, and similar accessory areas shall be subject to such setbacks, screen planting, or other screening methods as may reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
In the case of roof top equipment, all site plans shall include exterior wall parapets, a minimum of four feet high, measured vertically up from the roof top to which the equipment is stationed. All building exterior elevations plans must include these parapet walls to screen any existing or future roof top equipment. All ground mounted equipment, shall be shown on the site plans as well as the proposed appropriate screening and materials.
Outside storage of materials and equipment and loading and unloading operations is permitted, subject to the following restrictions:
Materials may be stored only in the side or rear yards.
All storage of materials and equipment used in the business except licensed vehicles shall be visually screened by a vertical screen consisting of structural or plant materials not less than six feet in height above the highest elevation of the nearest adjacent road or property bordering the site unless in the opinion of the Planning Commission or other approving authority the material is stored in a manner that it is not readily visible from off site or that the materials located such a substantial distance form adjacent properties and roadways that it is not a visual nuisance as seen form off site.
Waste disposal facilities. A site plan shall identify the location of solid waste disposal facilities and provide details for each solid waste disposal facility showing compliance with the following requirements.
Dumpsters, containers. All solid waste including recycling materials shall be placed in a dumpster or other appropriate container for pickup. Every dumpster or container shall be equipped with a lid or other top covering unless the enclosure adequately screens the contents above the dumpster opening.
Enclosures. All dumpsters and other appropriate containers shall be placed in an enclosure constructed as follows:
An enclosure shall be constructed with durable materials that compliment and match the materials used in the principal structure. Chain link with slats is prohibited.
An enclosure shall provide a solid visual screen on all four sides. An enclosure containing separate pedestrian access from the gate opening shall ensure the same solid visual screen when viewed from a public or private street.
The front of the enclosure shall be gated and shall include property hardware to secure the gate in a stationary position when open and closed. The bottom of the gate shall be installed at least six inches above grade level. The gate shall be affixed to steel bump guard posts of no less than six inches in diameter and which are completely filled with concrete.
The interior back wall of the enclosure shall be protected with steel bump guard posts located at least one foot from the interior of the side and back walls. The bump guard posts shall be spaced three feet apart. All steel bump guard posts shall be no less than six inches in diameter and completely filled with concrete.
For any enclosure containing a dumpster or other appropriate container, the minimum interior width of the enclosure and its opening shall be 10 feet and shall be clear of obstructions, including the gate, its hinges, and steel bump guard posts. In addition, at least two feet of clearance from the side walls of the enclosure shall be provided. Where enclosures contain more than one dumpster or container, the minimum interior width shall equal the combined widths of the dumpster/container plus a minimum of two feet clearance from each side. The minimum interior length for all enclosures containing a dumpster shall be at least two feet greater than the length of the dumpster or dumpsters it contains.
All enclosures shall be located in the rear yard or the side yard. When located within an approved outdoor storage area, any dumpster may be absent an enclosure only if the outdoor storage area achieves the same or greater visual screening on all four sides of the dumpster and meets the provisions of § 470-24.06H(2)(d) and (e), as if an enclosure was present, and shall meet § 470-24.06H(4) through (6).
Access lane. The site plan shall provide an open space as an access lane to an enclosure containing a dumpster. Such access lane shall be paved and shall be parallel with and the same width as the outside width of the enclosure extending for a length of 60 feet from the front of the enclosure.
Turning lane. The site plan shall also provide an open space connected to and more or less perpendicular to the access lane to provide an area in which waste hauling vehicles may maneuver to change direction in order that vehicles shall not back into or back out of the site from a road right-of-way. Such turning lane shall be paved and shall be a minimum of 14 feet in width and 35 feet in length.
Parking restrictions. No parking spaces shall be permitted in the access lane or the turning lane.
The location and dimensions of all existing and proposed structures on the subject property.
Building appearance. In granting site plan review approval, the Zoning Administrator or Planning Commission shall require certain designs, textures, colors, or architectural treatments for any building or structures, which in its judgment produce a harmonious, substantial, distinctive, and inviting appearance with beauty of materials and architectural design creating a strong, sturdy, adaptable and lasting environment. The following materials represent and advance the intent and objective of the above descriptions.
Commercial and mixed use buildings. That portion of the building which faces a public or private street, parking lot, or residential zoning district shall be finished with brick, architectural masonry block, stone, glass or a combination of these materials. A minimum of 10% of the building which faces a public or private street or customer parking lot shall contain glass windows or a similar glass product, such as spandrel glass, or completely or partially opaque glass.
Multi-family dwellings: Brick, architectural masonry block, cement board and stone. These materials shall be used for a minimum of 50% of all exterior wall areas in combination with dryvit, stucco, vinyl, EFIS, metal with enclosed fasteners, and similar materials.
Industrial:
A minimum of 50% of that portion of the building which faces a public or private street or a residential zoning district shall be finished with brick, architectural masonry block, cement board, glass, stone or combination of those materials.
The remaining exterior walls if not finished with the materials noted in the preceding subsection shall be finished with stucco, EFIS, architectural metal panels consisting of a minimum of 24-gauge metal with a minimum rib height of 1 1/4 inches or a combination of these materials or similar materials. Exposed fasteners shall match the color of the metal finish.
In recognition of developing technologies in building materials, the Planning Commission may agree to approve other materials, provided that they meet the intent of this section, are compatible with surrounding properties, and further provided that such materials shall comply with the architectural, safety and other requirements of the Township building codes, fire code and other applicable Township ordinances.
Site plans shall conform to all applicable requirements of county, state and federal statutes and approval may be conditioned on the applicant receiving necessary county, state and federal permits before final site plan or an occupancy permit is granted.
Traffic impact study.
Trip generation analysis. To ensure adequate information is provided to evaluate the impact on traffic operations, any proposed land use that is expected to generate 50 peak hour directional trips or 750 trips during a typical day shall provide a trip generation analysis. Calculations of trips shall be based on the most recent edition of Trip Generation published by the Institute of Transportation Engineers. The applicant shall be responsible for providing the traffic calculations for review. Where no information is provided the Township shall make the determination using a transportation engineer of their choosing at the applicant's expense.
Traffic impact study. Submittal of a traffic impact study may be required for any proposed land use that is expected to generate the number of trips identified within § 470-24.06L(1) of this section or where modifications from the generally applicable access spacing standards are proposed. The traffic impact study shall be prepared by a licensed professional engineer with demonstrated experience in production of such studies. The methodology and analysis of the study shall be in accordance with § 470-24.06L(3) of this section and accepted practices as described in the handbook "Evaluating Traffic Impact Studies, a Recommended Practice for Michigan," developed by the Michigan Department of Transportation and other Michigan transportation agencies.
Level of service standards. The traffic impact study shall prove the proposed land use can be accommodated by the existing road system without degradation in the level of service, as defined in the Highway Capacity Manual published by the Transportation Research Board of the National Academies, below one Level of Service (LOS) (example from B to C) but in no case shall any movement(s) be projected at a LOS below D, unless improvements are being made to address the proposed land use.
§ 470-24.07 Conditions of approval.
As part of an approval of any site plan, the Planning Commission, as applicable, may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review standards of § 470-24.06 are met.
The Planning Commission or Zoning Administrator may condition approval of a site plan on conformance with the standards of another local, county, state or federal agency. It may do so when such conditions:
Will ensure that public services and facilities affected by the proposed land use or activity will be capable of accommodating increased service a facility loads caused by the land use or activity;
Will protect the natural environment and conserve natural resources and energy;
Will ensure compatibility with adjacent uses of land;
Will promote the use of land in a socially and economically desirable manner.
Approval of a site plan, including conditions made as part of the approval, shall apply to the property described in the application, regardless of subsequent changes in ownership or control.
A record of conditions imposed shall be maintained by the Township. The conditions shall remain unchanged unless an amendment to the site plan is approved in accordance with this chapter.
A record of the decision of the Planning Commission, the reasons for the decision reached and any conditions attached to such decision shall be department as part of the minutes of the Planning Commission.
The Zoning Administrator may make periodic investigations of developments for which site plans have been approved. Non-compliance with the requirements and conditions of the approved site plan shall be violations of this chapter.
§ 470-24.08 Validity of approved site plans.
Approval of the final site plan is valid for a period of two years unless extended as allowed herein. If actual construction of a substantial portion of improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the final site plan shall be voided.
Upon written application filed prior to the termination of the two (20-year validity period, the Planning Commission may authorize an extension of the time limit for approval of a final site plan for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that here is a likelihood of construction commencing within the one year extension.
§ 470-24.09 Plat requirements.
A surety company performance bond acceptable to the Township, irrevocable bank latter of credit, certified check or cash deposit, conditioned upon construction and development in accordance with the requirements of this chapter and the Final Approved Site Plan and all of its components, may be required by the Planning Commission to be filed with the Zoning Administrator oat he time of issuance of a building permit. The bond, letter of credit, certified check or deposit shall be in such amount and for such period of item as, in the discretion of the Planning Commission, appears adequate to ensure compliance with the requirements of this chapter and the approved final site plan and all of its components.
§ 470-24.10 Amendments to approved site plan.
Any person who has been granted site plan approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan.
A minor change in the site plan may be approved by the Zoning Administrator who shall notify the Planning Commission of the minor change and that such change does not substantially change the basic design or alter the conditions required for the plan by the Commission. The following items shall be considered as minor changes:
Reduction of the size of any building and/or sign.
Movement of buildings by not more than 10 feet.
Plantings approved in the site plan landscape plan being replaced by similar types of landscaping.
Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.
Changes required or requested by the Township for safety reasons.
Changes which will preserve the natural features of the site without changes the basic site layout.
Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site plan which are deemed by the Zoning Administrator to be not material or significant in relation to the entire site and which the Zoning Administrator determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.
The Zoning Administrator may refer any decision regarding any proposed change to an approved site plan to the Planning Commission for review and approval, regardless of whether the change may qualify as a minor change. In making a determination whether a change is a minor change, or whether to refer a change to the Planning Commission for approval, the Zoning Administrator may consult with the Chairperson of the Planning Commission.
If the Zoning Administrator determines that the requested modification to the approved site plan is not minor, resubmission to the Planning Commission for an amendment shall be required and conducted in the same manner as an original application.
§ 470-24.11 Expansion of existing use, structure, or building.
[Amended 6-24-2024 by Ord. No. 2024-04]
It is recognized that land uses, buildings, and structures are existing which do not conform to the current regulations of this chapter and as such do not achieve the intended purposes of this chapter. When these uses, buildings, and structures are proposed to be expanded, enlarged, or increased in intensity so that a site plan review is required per § 470-24.02 herein, the Planning Commission shall require strict compliance with the current provisions of this chapter unless special circumstances exist that would preclude the site from reasonably achieving the intent and purpose of the applicable provision. In the instance the Planning Commission concludes that special circumstances exist that preclude the site from reasonably achieving the intent and purpose of a provision of this chapter, the Planning Commission may reduce the extent of compliance with each applicable provision only when it is adequately demonstrated that the nonconformity that is regulated by the applicable provision of this chapter would be reduced in nonconformity.
In determining whether to reduce the extent of compliance with any provision of this chapter, the Planning Commission shall be guided by the following criteria:
Whether compliance would ensue safer on-site conditions, protect the natural environment, improve traffic circulation, achieve compatibility with adjacent land uses, promote the use of the land in a socially and economically desirable manner and generally accomplish the purposes of site plan review as described in this section.
The practicality of requiring complete compliance with the applicable regulation of this chapter based on the existing design, layout, and operation of the existing use and size of the site.
Whether or not requiring compliance would have a negative impact on the character, safety and welfare of the neighborhood or surrounding area.
Whether the extent of the nonconformity has been reduced.
FIGURE 1 EXAMPLE OF SITE ANALYSIS  |