The purpose of this chapter is to provide for consultation and cooperation between the applicant and the planning commission in order that the applicant may realize planned objectives in the use of land within the regulations of this chapter. It is also intended to ensure that the development be completed with minimum adverse effect on the use of adjacent streets and highways, and on the existing and future uses and the environment in the general vicinity.

(Ord. of 2-1-2018, § 12.01)

(a)

Planning commission review of major site plans. In accordance with the provisions of this chapter, a site plan review by the planning commission shall be required prior to the establishment of a new use or the erection of a building in the districts and conditions cited below, unless excepted by subsection (b) of this section:

(1)

All permitted uses in the following districts:

a.

C Commercial District.

b.

IND Industrial District.

c.

PUD Planned Unit Development District—Final PUD plans.

(2)

Nonresidential and non-farm uses in the AG, RR, R-1, and R-2 districts.

(3)

Multiple-family dwellings in any district.

(4)

Special land uses in any district.

(5)

Site condominiums in any district.

(6)

Grading, excavation, filling, soil removal, creation of ponds or tree clearing over one acre.

(7)

Parking lots and parking lot expansions over five spaces.

(b)

Zoning administrator review of minor site plans and plot plans.

(1)

Minor projects and additions and expansions to uses listed in subsection (a) of this section may be reviewed and approved by the zoning administrator:

a.

Principal and accessory buildings less than 2,000 square feet that will accommodate a use permitted by right.

b.

Additions to existing buildings less than 2,000 square feet.

c.

Expansion of parking areas five spaces or less.

d.

Exceptions:

1.

When, in the opinion of the zoning administrator, a project which otherwise qualifies for major site plan review may have a negative impact on surrounding properties, the zoning administrator may, at his discretion, submit the site plan to the planning commission for review. In such cases, the planning commission shall follow the review procedure for major site plans and may require any additional information needed to make an informed decision.

2.

When, in the opinion of the zoning administrator and planning commission chairperson, a project which otherwise qualifies as major site plan review, does not necessitate additional stormwater management, major site preparation, landscaping, or major utility expansion, the plan may be reviewed and approved administratively. This shall not apply to special land uses.

(2)

Plot plan review and approval by the planning commission shall not be required for single-family detached dwellings (except as may be provided in a site condominium development), agricultural uses, a change of use or interior remodeling that does not result in the change in the building footprint or parking requirements, family foster care or day care facilities, and accessory buildings and uses. Plot plan review for these uses will be conducted by the zoning administrator.

(Ord. of 2-1-2018, § 12.02)

(a)

Eight copies of a preliminary site plan may be submitted by the applicant for review by the planning commission prior to final site plan submittal. The purpose of this optional procedure is to allow discussion between the applicant and the planning commissioners, to better inform the applicant of the acceptability of the proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval.

(b)

Preliminary site plan submittal shall include the information as listed within section 24-378, unless certified in writing by the zoning administrator as unnecessary. Preliminary site plans shall be at a scale not to exceed one inch equals 100 feet.

(c)

The planning commission shall review the preliminary site plan and make any recommendations to the applicant that will cause the plan to be in conformance with the review standards required by this chapter. The planning commission shall advise the applicant as to the general acceptability of the proposed plan, but shall not be bound by any statements or indications of acceptance of the plan.

(Ord. of 2-1-2018, § 12.03)

(a)

Application requirements.

(1)

Content. An application for site plan approval shall include the following:

a.

A completed application form with legal description of property.

b.

An application fee and escrow fee.

c.

Proof of ownership or interest in the property in question.

d.

A narrative addressing the review standards of section 24-381.

e.

Complete site plans in accordance with section 24-379.

(2)

Deadline. All required items must be submitted no less than 30 days prior to the next meeting of the planning commission at which the site plan will be reviewed. The deadline shall not be considered as met if the application submittal does not include all of the above-required elements.

(3)

Requirement. All application submissions must be deemed complete prior to processing by the zoning administrator.

a.

Complete applications. A complete application includes all the submittal information identified on the application form, unless waived, and any items or exhibits requested by the zoning administrator that are consistent with the standards and requirements of this chapter.

b.

Incomplete applications. An applicant shall be informed of an incomplete application. The zoning administrator shall identify the documents, specifications, and other information needed to make the application complete. An incomplete application that has not been revised to meet the completeness requirements shall be considered expired on the 30th day after the original submission of the application. Following an expired application, any additional or further requests by the applicant must be accompanied by a new application and fee. If the application for an item that requires review by the planning commission remains incomplete on the deadline for the meeting, the request will not be scheduled on the agenda.

(b)

Final site plan review.

(1)

If submission of a preliminary site plan is not desired by the applicant, 12 copies of a final site plan prepared by a professional competent in these matters may be submitted for review without first receiving a review of a preliminary plan. Final site plans shall be at a scale not less than one inch equals 20 feet for property under three acres and at least one inch equals 100 feet for those three acres or more.

(2)

Applications for final site plan reviews shall include the information as listed within subsection (c) of this section, below, unless deemed unnecessary by the zoning administrator.

(c)

Site plan submission requirements.

(1)

The following table lists requirements for preliminary and final site plans:

(2)

The planning commission, prior to granting approval of a final site plan, may request from the applicant any additional graphics or written materials, prepared by a qualified person to assist in determining the appropriateness of the site plan. This material may include, but need not be limited to, aerial photography, photographs, impacts on significant natural features and drainage, traffic study, soil tests and other pertinent information.

(Ord. of 2-1-2018, § 12.04)

(a)

Required site plans, application form, escrow fees (if applicable), and an application fee shall be submitted to the zoning administrator by the applicant or his agent, at least 15 days prior to the next regular planning commission meeting. If submitted within this time (unless associated with a special land use or PUD), the zoning administrator shall cause the submittal to be placed on the agenda of the next regular planning commission meeting. Applications shall not be accepted unless all required materials and fees are submitted and are declared complete by the zoning administrator.

(b)

The planning commission shall approve, deny, or approve subject to conditions, the site plan, in accordance with the provisions of this chapter.

(c)

Any conditions or modifications recommended by the planning commission shall be recorded in the minutes.

(d)

Two copies of the final approved site plan shall be signed and dated by the zoning administrator or designee and the applicant. The township shall keep one of these approved copies on file; one shall be returned to the applicant or his designated representative.

(e)

Each development subject to site plan review shall be substantially under construction within one year after the date of approval of the site plan, except as follows:

(1)

The planning commission may grant a single one-year extension of the time period, provided the applicant requests, in writing, an extension prior to the date of the expiration of the site plan.

(2)

The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

(3)

If neither of the above provisions are fulfilled or the one-year extension has expired prior to construction, the site plan approval shall be null and void.

(f)

Construction related to each development subject to site plan review, or approved phase of that development, shall be completed within three years after the date of approval of the final site plan.

(1)

The planning commission may grant a single one-year extension of the time period for the phase, provided the applicant requests, in writing, an extension prior to the required completion date. The planning commission may require a performance guarantee as part of the extension.

(2)

The extension shall be approved only for the phase in question if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed to completion within the extension period.

(3)

If neither of the above provisions are fulfilled, the one-year extension of site plan approval shall be null and void and any performance guarantees may be exercised to finalize required improvements.

(Ord. of 2-1-2018, § 12.05)

(a)

The holder of an approved site plan shall notify the zoning administrator of any proposed change to the site plan.

(b)

Minor changes may be approved by the zoning administrator upon determining that the proposed revisions meet the standards of this chapter and the intent of the design and will not alter the basic design or any specified conditions imposed as part of the original approval. Minor changes shall include the following:

(1)

Change in the building size, up to five percent in total floor area.

(2)

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

(3)

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

(4)

Changes in approved building materials to a comparable or higher quality.

(5)

Relocation of an outdoor waste receptacle.

(6)

Modification of up to ten percent of the total parking area provided the number of parking spaces is not reduced below that required by this chapter.

(7)

Sign location or reduction in size or height.

(8)

The addition of small accessory buildings of not more than 200 square feet in area.

(9)

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

(10)

Changes required or requested by a county, state, or federal regulatory agency in order to conform to other laws or regulations.

(c)

If the zoning administrator determines that a proposed minor change may have a major impact on the area involved, he may refer the plan to the planning commission and the plan shall be reviewed in the same manner as the original application.

(d)

A proposed change not determined by the zoning administrator to be minor shall be submitted to the planning commission as a site plan amendment and shall be reviewed in the same manner as the original application.

(Ord. of 2-1-2018, § 12.06)

The following standards shall be utilized by the planning commission in reviewing all site plans. These standards are intended to provide a frame of reference for the applicant in the preparation of site plans as well as for the planning commission in making judgment concerning them. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention, or innovation.

(1)

Site development standards.

a.

The uses proposed will not adversely affect the public health, safety, or welfare. Uses and structures located on the site shall take into account topography, size of the property, the uses on adjoining property and the relationship and size of buildings to the site. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

b.

The site plan shall provide reasonable visual and sound privacy for all dwelling units. Fences, walls, barriers, and landscaping shall be used, as appropriate, to accomplish these purposes.

c.

Landscaping and screening shall comply with section 24-412.

d.

Exterior lighting shall comply with section 24-415.

e.

All buildings and groups of buildings shall be arranged so as to permit emergency vehicle access as requested by the fire department under jurisdiction of the project.

f.

Site plans shall conform to all applicable requirements of county, state, and federal agencies. Approval may be conditioned on the applicant receiving necessary county, state, and federal permits before a building permit or an occupancy permit is granted.

g.

Appropriate fencing may be required by the planning commission around the boundaries of the development if deemed necessary to minimize or prevent trespassing or other adverse effects on adjacent lands.

h.

Utility lines and wires shall be located underground, whenever possible.

i.

The general purposes and spirit of this chapter and the township master plan shall be maintained.

j.

Building design. To the maximum extent reasonable, new or substantially remodeled buildings shall be reasonably compatible in appearance with, or shall enhance, the established general character of other buildings in the immediate vicinity or development.

(2)

Pedestrian standards.

a.

Sidewalks or pathways appropriate for pedestrians or non-motorized vehicles shall be required but may be deferred with an appropriate performance guarantee.

b.

The arrangement of pedestrian connections throughout the development, to adjacent developments, and to existing or future roads, shall be planned to provide a safe and efficient non-motorized circulation system.

(3)

Access management.

a.

Number of driveways.

1.

In commercial, industrial, or multiple-family developments, access to a parcel may be required to consist of either a single two-way driveway or a pair of one-way driveways wherein one driveway is designed and appropriately signed to accommodate ingress movements and the other to accommodate egress movements.

2.

Where parcel frontage is insufficient to provide a driveway meeting the minimum driveway width and radii, a shared driveway or other means of access may be required.

3.

Where a parcel has frontage along two streets, access shall be provided only along the street with the lower average daily traffic volume, unless the planning commission determines this would negatively affect traffic operations or surrounding land uses.

4.

Where the property has continuous frontage of over 300 feet and the applicant can demonstrate, using the Institute of Transportation Engineers Manual Trip Generation or another accepted reference, that a second access is warranted, the planning commission may allow an additional access point.

5.

Where the property has continuous frontage of over 600 feet, a maximum of three driveways may be allowed, with at least one driveway being designed and signed for right-turns-in, right-turns-out only.

b.

Shared access, frontage roads, parking lot connections and rear service drives.

1.

Shared use of access between two or more property owners may be required as part of the lot split or site plan review process. The use of driveways constructed along property lines, connecting parking lots and on-site construction of frontage roads and rear service drives where frontage dimensions are less than 300 feet at locations with sight distance problems shall be considered. In these cases, a shared access may be the only access design allowed.

2.

In cases where a site is adjacent to an existing parking lot of a compatible use, or rear service drive, a connection to the adjacent facility shall be required by the planning commission, where feasible.

3.

In cases where a site is adjacent to undeveloped property, the site shall grant a cross access easement to future development. Prior to the issuance of a zoning permit, the applicant shall provide the zoning administrator with irrevocable, registered access easements to adjacent properties.

c.

Directional driveways, divided driveways and deceleration tapers.

1.

Directional driveways, divided driveways, and deceleration tapers and/or by-pass lanes may be required by the planning commission where they will reduce congestion and accident potential for vehicles accessing the proposed use or site.

2.

Driveways shall be designed with a 25-foot radii or a 30-foot radii where daily semi-truck traffic is expected.

3.

Commercial driveways.

(i)

Minimum spacing requirements between a proposed commercial driveway and an intersection either adjacent to the property or on the opposite side of the street may be set on a case-by-case basis, but in no instance shall be less than 200 feet.

(ii)

Minimum spacing between two commercial driveways shall be not less than 300 feet along the parcel frontage. The minimum spacing is measured from centerline to centerline.

(iii)

To reduce left-turn conflicts, new commercial driveways shall be aligned with those across the roadway, where possible. If alignment is not possible, driveways shall be offset a minimum of 250 feet from those on the opposite side of the roadway.

4.

These requirements may be reduced by the planning commission in cases where compliance is not possible.

(4)

Environmental and natural features standards.

a.

Removal or alteration of significant natural features shall be restricted to those areas which are reasonably necessary to develop the site in accordance with the requirements of this chapter. The planning commission may require that landscaping, buffers, and/or buffer strips be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

b.

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.

c.

Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater, prevent erosion and the formation of dust. The use of detention/retention ponds may be required. Dispersing stormwater management techniques throughout the site are preferred. 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. Catchbasins may be required to contain oil filters or traps to prevent contaminants from being directly discharged to the natural drainage system.

d.

Stormwater drainage design shall recognize existing natural drainage patterns. Stormwater removal shall not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater on-site, as deemed necessary by the township engineer using sound engineering practices.

(Ord. of 2-1-2018, § 12.07)

(a)

As part of an approval to any site plan, the planning commission may impose any additional conditions or limitations as in its judgment may be necessary for protection of the public interest. A record of conditions shall be maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved in accordance with this chapter.

(b)

Conditions imposed shall be related to and ensure that the review standards of this chapter are met and shall meet the requirements of the Michigan Zoning Enabling Act and this chapter.

(c)

Approval of a site plan, including conditions made as part of the approval, shall apply to the property described as part of the application and to all subsequent owners and occupants.

(d)

A record of the decision of the planning commission, the reason for the decision reached, and any conditions attached to the decision shall be kept and made a part of the minutes of the planning commission.

(e)

The zoning administrator shall make periodic investigations of developments for which site plans have been approved. Failure to maintain or comply with the requirements and conditions of the approved site plan shall be considered violations of this chapter.

(f)

Any site plan review approval may be voided by the zoning administrator or planning commission if it has been determined that a material error in the original approval has been discovered either because of inaccurate information supplied by the applicant or administrative error by a staff member or other agency. The voiding of an approved site plan shall be communicated in writing with reasons for revocation to the property owner. The building official shall also be notified to withhold permits until a new site plan is approved.

(g)

No application which has been denied wholly or in part by the planning commission shall be resubmitted for a period of one year from the date of the last denial, unless permitted by the zoning administrator after a demonstration by the applicant of a substantial change of circumstances from the previous application.

(Ord. of 2-1-2018, § 12.08)

The planning commission may require a performance guarantee in accordance with section 24-487 to ensure compliance with the approved site plan.

(Ord. of 2-1-2018, § 12.09)

If any person shall be aggrieved by the action of the zoning administrator or planning commission, appeal in writing to the zoning board of appeals may be taken in accordance with the provisions of section 24-454.

(Ord. of 2-1-2018, § 12.10)