The purpose of this Article is to establish uniform requirements of procedure for all developments in Cohoctah Township so that the provisions of this Zoning Ordinance can be equitably and fairly applied to all persons seeking to add to the existing development; so that both the developing property and the responsible Township officials can be assured that compliance with the Zoning Ordinance is both possible and correct prior to the issuance of a zoning permit and the starting of construction.

(Ord. of 11-12-1987, § 20.01)

The following land, building and structural uses require site plan approval:

A.

All principal uses and their accessory uses in all districts unless otherwise exempted by Section 20.03.

B.

All special uses and PUDs and their accessory uses in all districts.

C.

All condominium projects in all zoning districts.

D.

All subdivision developments in all zoning districts.

E.

Open space and rural preservation developments as provided in Section 16.50.

(Ord. of 11-12-1987, § 20.02; Amd. No. 3, 7-12-1990; Amd. No. 15, § 1, 12-9-1993; Amd. No. 38, § 8, 11-14-2002; Amd. No. 40, § 1, 12-11-2003)

The following do not require site plan approval:

A.

Single-family home and its accessory uses in the RD, WRD, AR, RR, SR, and MHR Districts.

B.

General or specialized farming and their accessory uses and roadside stands in the RD, WRD, AR, RR, and SR Districts.

(Ord. of 11-12-1987, § 20.03; Amd. No. 15, § 2, 12-9-1993; Amd. No. 40, §§ 2, 3, 12-11-2003)

The Zoning Administrator shall not issue a zoning permit for construction of, or addition to, any use until a final site plan has been approved by the Township Planning Commission and is in effect. A use of land requiring site plan review and approval, not involving a building or structure, shall not be commenced or expanded until a final site plan has been approved by the Township Planning Commission and a zoning permit has been issued for it.

(Ord. of 11-12-1987, § 20.04)

No grading, removal of trees or other vegetation, land filling, or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as provided in this Article.

(Ord. of 11-12-1987, § 20.05)

An applicant may request a meeting with the Planning Commission for the purpose of reviewing and discussing a proposed preliminary site plan for the purpose of determining the feasibility of the project that the site plan represents. The request may be put on the agenda of a regularly scheduled meeting or on the agenda of a special meeting at the request of the applicant who shall pay the established fee for such a special meeting. The fee must be paid before the meeting will be scheduled.

(Ord. of 11-12-1987, § 20.06; Amd. No. 82, § 20, 7-13-2017)

A.

Application. Any person may file a request for preliminary site plan approval by filing required forms with the Township Clerk, payment of the review fee, and at least seven copies of a preliminary site plan drawing(s). Upon receipt of such application, the Clerk shall transmit the preliminary site plan drawing(s) to the Planning Commission.

B.

Information Required for Review. The Planning Commission shall, in writing, waive any site plan requirements it considers to be clearly unnecessary for substantial review. The Planning Commission, at its option, may schedule a public hearing for site plan review. The information to be required for site plan review shall include the following:

1.

Date, North Arrow and Scale. The scale shall be not less than one inch equals 20 feet for property under three acres, and at least one inch equals 100 feet for sites three acres or more.

2.

Statistical Data. Statistical data shall include the type of development, the number of structures, the number of subunits per structure, the size of each unit, the total area involved, the percent of area being developed, the percent of area used for structures and the percent left undeveloped. The statistical data shall also include the name of the public school district serving the site.

3.

Location and Height of Existing and Proposed Structures. The location and height of all existing and proposed structures on the property being developed and within 500 feet of the property boundary lines shall be shown. In the cases where protective screening is required, the initial and longterm effect of the screening shall be identified. If there are no adjoining residential structures, this requirement may be waived.

4.

Property Lines. All lot and/or property lines are to be shown and dimensioned, including building setback lines on corner lots.

5.

Location and Dimensions; Existing and Proposed Drives, Sidewalks, Etc. The location and dimensions of all existing and proposed drives, sidewalks, curb openings, signs, exterior lighting, curbing, parking areas (show dimensions of a typical parking space), unloading areas and open space recreation areas.

6.

Vehicular Traffic and Pedestrian Circulation. Vehicular and pedestrian circulation features within the site and within 1,000 feet of the development site shall be shown.

7.

Location of Proposed Landscaping. The location of all proposed landscaping, greenbelts, separation berms, fences and walls shall be shown. It shall also show any topographical alterations or changes in natural terrain including drainage patterns. See also Section 16.29.

8.

Size and Location of Existing and Proposed Utilities. Size and location of existing and proposed utilities and easements, including proposed connections to public sewer or water supply system. If on-site systems for wastewater treatment are proposed, the size and location of drain fields shall be noted.

9.

Location Map. A location map indicating the relationship of the site to the surrounding land uses including respective zoning of the abutting properties whether separated by roadways or not.

10.

Drainage Facilities. The location and size of all existing and proposed surface water drainage features and changes that might affect the drains shall be shown. The data shall include the percent coverage of impervious surfaces and the means to control stormwater flow. Identification of any floodplain within the site or on property adjacent thereto shall be shown.

11.

Contour Intervals. Topographic contours shall be shown at two-foot intervals, referenced to USGS datum.

12.

Project Detail and Specific Use. The detail of the specific uses of a project under consideration for a special use permit must be included and may become part of the permit. Alterations of the plans and concepts made after approval by the Planning Commission will constitute a change in the project and may require a complete renewal of the site plan process in the sole discretion of the Planning Commission.

13.

Undisturbed Areas. Areas to be left undisturbed during construction shall be so indicated on the site plan and shall be so identified on the ground so as to be obvious to construction personnel.

14.

Registered Designer Required. The drawings, engineering estimates and special cost estimates must contain the signature and/or seal of a registered engineer, architect, or landscape architect for all commercial, industrial, PUD, platted residential and condominium developments.

15.

Other Information. All information required under Section 21.04.B.1 through and including 9.

16.

Traffic Impact. A Traffic Impact Assessment may be required as provided in Section 16.51.

C.

Planning Commission Action. The Planning Commission shall study the preliminary site plan and shall approve, approve with conditions or deny the preliminary site plan. If denied, the Planning Commission shall set forth the conclusions of its findings and the reasons for its denial. The Planning Commission shall have 65 days from the meeting at which it first reviewed the completed plan within which to make a decision on the application. The time may be extended upon a written request by the applicant and approved by the Planning Commission or by mutual agreement between the Planning Commission and the applicant.

D.

Effect of Approval. Approval of preliminary site plan by the Township Planning Commission shall indicate its acceptance of the proposed layout of buildings, roads and drives, parking areas, and other facilities and areas, and of the general character of the proposed development. The Planning Commission may, with appropriate conditions attached, authorize issuance of a conditional land use permit by the Zoning Administrator on the basis of an approved preliminary site plan. The conditions to be attached to a permit issued for grading and foundation work may include, but not necessarily be limited to, provisions for control of possible erosion, for excluding the Township from any liability, if an acceptable plan is not provided, and for furnishing a financial guarantee for restoration of the site if work does not proceed. Site plan approval requires that the applicant meet all of the requirements of Part 91 of Public Act No. 451 of 1994 (MCL 324.9101 et seq.) on soil erosion and sedimentation control. The Zoning Administrator's issuance of a conditional land use permit is subject to the petitioner acquiring a grading permit through the County Drain Commission or its agents.

E.

Expiration and Extension of Approvals. Approval of a preliminary site plan shall be valid for a period of six months from the date of approval and shall expire and be of no effect unless an application for final site plan approval is filed with the Township Clerk within that time period. A six-month extension may be granted upon written request of the applicant and approval of the Township Planning Commission. The approval of the preliminary site plan shall also expire and be of no effect one year after approval of a final site plan, unless a zoning permit has been obtained for development shown on the approved final site plan within that time period.

(Ord. of 11-12-1987, § 20.07; Amd. No. 1, 8-11-1988; Amd. No. 4, 10-11-1990; Amd. No. 46, 12-8-2005; Amd. No. 82, § 21, 7-13-2017)

A.

Application. Following approval of a preliminary site plan, the applicant shall submit seven copies of a final site plan as well as other data and exhibits hereinafter required to the Township Clerk, the review fee, and a completed application form. The Clerk, upon receipt of the application, and special meeting fee, shall promptly transmit the final site plan to the Planning Commission.

B.

Information Required for Review. Every final site plan submitted for review under this Article shall contain information as required by Township regulations for site plan review.

C.

Planning Commission Action.

1.

The Planning Commission shall study the final site plan and shall approve, approve with conditions or deny the final site plan. If denied, the Planning Commission shall set forth the conclusions of its findings and the reasons for its denial. The Planning Commission shall have 65 days from the meeting at which it first reviewed the completed plan within which to make a decision on the application. The time may be extended upon a written request by the applicant and approved by the Planning Commission or by mutual agreement between the Planning Commission and the applicant.

2.

Upon the Planning Commission's approval of the final site plan, the applicant and owner(s) of record, and the Chairman of the Planning Commission and Township Clerk or their designated replacement, shall sign the approved plan. The Planning Commission shall transmit one signed copy of the approved final site plan to the Zoning Administrator, Township Clerk, and to the applicant. If the final site plan is disapproved the Planning Commission shall notify the applicant in writing of such action and the reasons for it.

D.

Effect of Approval. Approval of a final site plan authorizes issuance of a zoning permit. Approval shall expire and be of no effect after six months following approval by the Planning Commission, unless a zoning permit is applied for and granted within that time period. Approval shall expire and be of no effect one year following the date of approval unless authorized construction has begun on the property in conformance within the approved final site plan.

E.

Appeal by Applicant. The applicant may appeal the decision of the Planning Commission on all matters pertaining to the provisions of this Zoning Ordinance, but not the use of land, buildings or structures, to the Zoning Board of Appeals within ten days of the date of the decision of the Planning Commission on the final site plan.

(Ord. of 11-12-1987, § 20.08; Amd. No. 82, § 22, 7-13-2017)

In reviewing a preliminary or final site plan, the Planning Commission shall ascertain whether the proposed site plan is consistent with the regulations and objectives of this Ordinance and shall endeavor to ensure that they conform to the following criteria:

A.

Preservation of Natural Environment. Existing conditions of the natural environment shall be preserved in their natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of adjacent and surrounding uses and development.

B.

Relations of Proposed Land, Building and Structural Uses To Environment. Proposed uses and structures shall be related harmoniously to the natural environment and to existing uses and structures in the vicinity that have a visual relationship to the proposed development. The achievement of such relationship may include the enclosure of space in conjunction with existing uses and structures or other proposed uses and structures and the creation of special arrangements and focal points with respect to functional areas, avenues of approach, terrain features or other structures.

C.

Drives, Parking and Circulation. Vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not adversely affect the design of proposed land, buildings and structures and adjacent and surrounding development areas.

D.

Surface Water Drainage. Special attention shall be given to proper site surface drainage so that the flow of surface waters will not adversely affect adjacent and surrounding properties or the public storm drainage system. If practical, stormwater shall be removed from all roofs, canopies and paved areas and carried away in an underground piped drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic, and will not create impounded water on the paved areas.

E.

Utility Service. Electric power and telephone distribution lines shall be underground. Any utility installations remaining aboveground shall be located so as to have a harmonious relation to adjacent properties and the site. The proposed method of sanitary sewage disposal from all buildings shall be indicated. All utility installation shall be carried out in accordance with the Standard Rules and Regulations of current adoption of the Michigan Public Service Commission.

F.

Advertising Features. The size, location and lighting of all permanent signs and outdoor advertising structures or features shall be consistent with the requirements of Article XIX, "Sign Regulations."

G.

Special Features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing natural and developed environment of adjacent and surrounding properties.

H.

Additional Requirements. All other standards and requirements of this Article must be met by site plans presented for review, including but not limited to:

1.

That the proposed development conforms to all regulations of the zoning district in which it is located.

2.

That the plan meets the specifications of Cohoctah Township or Livingston County for fire and police protection, water supply, sewage disposal or treatment, storm drainage, and other public facilities and services, and has been approved by all appropriate State and Local authorities or their approval has been assured.

3.

That soils not suited to development will be protected or altered in an approved manner as determined by the Planning Commission.

4.

That the proposed development will not cause soil erosion or sedimentation problems.

5.

That the proposed development properly respects floodways and/or floodplains on or in the vicinity of the subject property.

6.

That outside lighting will not adversely affect adjacent or neighboring properties or traffic on adjacent streets.

7.

That outdoor storage of garbage and refuse is contained, screened from view, and located so as not to be a nuisance to the subject property or neighboring properties.

8.

That grading or filling will not destroy the character of the property or the surrounding area and will not adversely affect the adjacent or neighboring properties.

9.

That the plan meets the standards of other government agencies, where applicable, and that the approval of these agencies has been obtained or is assured.

10.

That the plan provides for proper expansion of existing public streets serving the site, where applicable.

11.

That all phased developments are ordered in a logical sequence so that any individual phase will not depend in any way upon a subsequent phase for adequate access, public utility services, drainage or erosion control.

I.

Landscaping, Screening Requirement. The Planning Commission may further require landscaping, fences and walls in pursuance of these objectives and same shall be provided and maintained in accord with any use to which they are appurtenant.

J.

Screening Specification for Development. The Planning Commission shall have some latitude in specifying the walls, fences, greenbelts as they apply to a phased development if the particular phase of development and construction work is far enough removed from adjacent properties to afford the screening, etc., as otherwise required.

K.

Site Clearing. Adequate assurances are received so that clearing the site of topsoil, trees and other natural features before the commencement of building operations will occur only in those areas approved for the placement of physical improvements.

L.

Retention of Flood and Other Bodies of Water. The development will not substantially reduce the natural retention storage capacity of any watercourse, thereby increasing the magnitude and volume of flood at other locations.

M.

Soil and Subsoil Conditions. The soil and subsoil conditions are suitable for excavation, and site preparation and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.

N.

Preservation of Natural Features. The development will not detrimentally affect or destroy natural features such as ponds, streams, wetlands, hillsides or wooded areas, but will preserve and incorporate such features into the development's site design.

O.

Location of Natural Features. The location of natural features and the characteristics of site topography have been considered in the designing and siting of all physical improvements.

(Ord. of 11-12-1987, § 20.09; Amd. No. 4, 10-11-1990)

An applicant may, at his discretion and risk, combine a preliminary and final site plan in application for approval. In such a situation, the portion of the review process concerning preliminary site plan application and review may be waived by the Planning Commission. The Commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan where, in its opinion, the complexities and/or scale of the site of the proposed development so warrants.

(Ord. of 11-12-1987, § 20.10)

A site plan may be amended upon application and in accordance with the procedure provided in Section 20.07, for a preliminary site plan, and Section 20.08, for a final site plan. Minor changes in a preliminary site plan may be incorporated in a final site plan without amendment to the approved preliminary site plan at the discretion of the Planning Commission. The Planning Commission shall have the authority to determine if a proposed change requires an amendment to the approved site plan.

(Ord. of 11-12-1987, § 20.11)

All improvements shall conform to the approved final site plan. If the applicant chooses to make any changes in the development in relation to the approved final site plan, he shall do so at his own risk, without any assurance that the Planning Commission will approve the changes. It shall be the responsibility of the applicant to notify the Zoning Administrator and the Planning Commission in writing of any such changes. The Zoning Administrator or the Planning Commission may require the applicant to correct the changes so as to conform to the approved final site plan.

(Ord. of 11-12-1987, § 20.12)

The applicant may, at his discretion, divide the proposed development into two or more phases. In such case, the preliminary site plan shall clearly indicate the location, size, and character of each phase. A final site plan for each phase may be submitted for approval.

(Ord. of 11-12-1987, § 20.13)

The Zoning Administrator shall be responsible for the inspection of all improvements for conformance to the approved final site plan. The applicant shall be responsible for requesting the necessary inspections. The Zoning Administrator shall notify the Planning Commission, in writing, when a development for which a final site plan was approved does not pass inspection with respect to the approved final site plan, and shall advise the Commission of steps taken to achieve compliance. In such case, the Zoning Administrator shall periodically notify the Planning Commission of progress towards compliance with the approved final site plan, and when compliance is achieved. The fee schedule established by the Township Board shall include a special schedule of fees to cover large and costly projects so as to adequately cover the costs of the Township inspections of such projects as required under the provisions of this Ordinance.

(Ord. of 11-12-1987, § 20.14; Amd. No. 1, 8-11-1988)

Fees for the review of site plans and inspections as required by this Article shall be established, and may be amended, by resolution of the Township Board, upon the recommendation of the Planning Commission.

(Ord. of 11-12-1987, § 20.15)

Security in the form of cash or an irrevocable letter of credit whose terms are subject to approval by the Township, may be required of the applicant after a final site plan is approved and prior to issuance of the zoning permit for certain site improvements such as, but not limited to, roads or drives, parking lots, grading, landscaping, and buffers. A schedule for such security shall be established by resolution of the Township Board upon the recommendation of the Planning Commission, and shall be administered by the Township Treasurer and Clerk. Such security may be released in proportion to work completed and approved upon inspection as complying with the approved final site plan. In the event that the applicant shall fail to provide improvements according to the approved final site plan, the Township Board shall have the authority to have such work completed, and to reimburse itself for all costs of such work by appropriating funds from the deposited security and may also reimburse the Township for any expenses the Township incurred due to the applicant's failure to provide the improvements.

(Ord. of 11-12-1987, § 20.16; Amd. No. 82, § 23, 7-13-2017)

State Law reference— Performance guaranty, MCL 125.3505.

The approved final site plan shall regulate development of the property. Any violation of this Article, including any improvement not in conformance with an approved final site plan, shall be deemed a violation of this Article, and shall be subject to the penalties of this Ordinance.

(Ord. of 11-12-1987, § 20.17)