3.1.1 Administration. The provisions of this Ordinance shall be administered by the Delhi Township Planning Commission and the Delhi Township Board in accordance with the State of Michigan Municipal Planning Commission Act, Act 285 of the Public Acts of 1931, as amended, and the Charter Township Act, Act 359 of the Public Acts of 1947, as amended.

The Charter Township Board shall employ a director of community development to act as its officer to effect proper administration of this Ordinance. The term of employment, rate of compensation and any other conditions of employment shall be established by the township board. For the purpose of this Ordinance, the director of community development shall have the power of a police officer.

All applications for building permits shall be submitted to the director of community development who may issue building permits and certificates of occupancy when all applicable provisions of this Ordinance have been complied with and authorized by the director of community development or his/her designee. The director of community development or his/her designee shall be empowered to make inspections of buildings or premises to carry out his/her duties in the enforcement of this Ordinance.

The director of community development or his/her designee shall keep a record all nonconforming uses existing at the effective date of this Ordinance for the purpose of carrying out the provisions of article VI, section 6.7

Under no circumstances is the director of community development permitted to make changes in this Ordinance nor to vary the terms of this Ordinance in carrying out his duties.

3.1.2 Building permits. The following shall apply in the issuance of any permit:

1)

Requirements for. Excavation for any building or structure shall not be commenced; the erection of, addition to, alteration of or moving of any building or structure shall not be undertaken; or any land shall not be used or an existing use of land shall not be changed to a use of a different type or class, until a building permit or a certificate of occupancy has been secured from the director of community development. Except upon a written order of the zoning board of appeals, no such building permit or certificate of occupancy shall be issued for any building or use of land where the construction, addition, alteration or use thereof would be in violation of any of the provisions of this Ordinance.

2)

Application requirements. There shall be submitted with all applications for building permits one (1) copy of a site layout or plot plan, drawn to scale, showing:

a)

The location, shape, area and dimension of the lot.

b)

The location, dimensions, height and bulk of the existing and/or proposed structures to be erected, altered or moved on the lot.

c)

The intended uses.

d)

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other users.

e)

The yard, open space and parking space dimensions.

f)

Any other information deemed necessary by the director of community development to determine and provide for the enforcement of this Ordinance.

3)

Voiding of permit. Any permit granted under this section shall become null and void sixty (60) days from the date of granting such permit unless the development proposed shall have passed its first building inspection. Before voidance is actually declared, the director of community development shall notify the applicant of such voiding action by sending a notice to the applicant at the address indicated on the permit application at least ten (10) days before such voidance is effective.

4)

Inspection. The development or usage proposed by any building permit shall be subject to two (2) zoning inspections; concurrent with the first and final inspections required by the township building code. It shall be the duty of the permit holder to notify the director of community development regarding the time that construction will be ready for inspection. Failure of the permit holder to make proper request for inspection shall automatically cancel the permit, requiring the issuance of a new permit before construction may proceed or occupancy may be permitted.

5)

Fees. Fees for inspection and the issuance of permits or certificates required under this Ordinance may be collected by the community development department in advance of issuance. The amount of such fees shall be established by the Charter Township Board and shall cover the cost of inspection and supervision resulting from the enforcement of this Ordinance.

6)

[Site plan review.] Prior to the issuance of a building permit, all uses except for one- and two-family residential and agricultural shall be subject to site plan review as specified in section 3.3 of this Ordinance.

3.1.3 Certificate of occupancy. No land shall be occupied or used and no building shall be erected, altered, used or changed in use until a certificate of occupancy shall have been issued by the director of community development. No certificate of occupancy shall be valid without the authorization of the director of community development or his/her designee. The following shall apply in the issuance of a certificate of occupancy:

1)

Certificates not to be issued. No certificates of occupancy shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this Ordinance, including screening, planting, fences and parking, except as provided in 6) below.

2)

Certificates required. No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done unless and until a certificate of occupancy shall have been issued for such building or structure.

3)

Certificates for existing buildings. Certificates of occupancy may be issued upon request for existing buildings, structures, or parts thereof, or existing uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such uses of land are in conformity with the provisions of this Ordinance.

4)

Certificates for nonconforming use. Any use or occupancy of any land or building not specifically permitted in its particular zoning district shall require the issuance of a certificate of occupancy for continued use. The certificate shall indicate the nature of the authorized nonconforming use, the approximate date of commencement of said use, the dimensions of the building, if any, being utilized for said nonconforming use, and any limiting conditions imposed upon said use.

5)

Application for certificates. Application for certificates of occupancy shall be made at the time of application for building permit or, in the case of existing buildings or uses of land, by application in writing to the director of community development. A certificate of occupancy applied for coincidentally with an application for a building permit shall be issued at the completion of the final inspection and, in the case of existing buildings or uses of land, a certificate of occupancy shall be issued within ten (10) days after the receipt of such application if the building, structure, or use of land is in accordance with the provisions of the Ordinance. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal in writing within the aforesaid ten-day period.

6)

Temporary certificates of occupancy. The director of community development or his/her designee may issue a temporary certificate of occupancy for a specified period of time for a principal building on a project before full completion of screening, planting, fencing and parking if such items could not have been completed at the same time as the principal building; and, further, where a performance bond equal to the estimated cost of these improvements has been posted.

7)

Records of certificates. A record of all certificates issued shall be kept on file in the community development department and copies shall be furnished at cost upon the request of any person having a proprietary or tenancy interest in the property involved.

3.1.4 Performance guarantee.

1)

In order to insure strict compliance with the performance of certain physical site improvements, engineering, supervision, and review as a contingency to securing a zoning amendment, special approval, site plan approval, site improvement, variance or enforcement activity that is delegated by this Zoning Ordinance to the township board, the planning commission, the zoning board of appeals, the director of community development, or any other township body or official, that body or official may require the furnishing of one of the following financial instruments:

a)

Cash deposit,

b)

Certified check,

c)

Irrevocable bank letter of credit,

d)

Or surety bond.

Such financial instrument shall be deposited with or made payable to the township treasurer in the amount determined to be reasonably necessary to insure full compliance with the intent of this Ordinance, however it shall not be for entire cost of the project. In establishing the required amount of financial instrument, the body or official shall take into account a recommendation of the township engineer or other appropriate party that considers:

a)

The size and scope of the proposed improvement project,

b)

Current prevailing cost of rehabilitating the premises upon default,

c)

Can estimate of costs to compel operator to comply by court action, and

d)

Other factors and conditions relevant in determining a reasonable sum considering the circumstances surrounding a specific case.

2)

The performance guarantee shall be deposited prior to the issuance of the permit authorizing the activity or project. The township may not require the deposit of the performance guarantee before the date on which the township is prepared to issue the permit or implement a variance.

3)

On a case by case basis, the director of community development may establish procedures to allow a rebate of cash deposits in a reasonable proportion to the ratio of work completed on the required improvements for which cash or a financial instrument has been deposited.

(Ord. No. 39.55, 4-5-94; Ord. No. 39.93 § 1, 3-7-00; Ord. No. 39.104, 1-20-04)

3.2.1 Violations and penalties. The building inspector, zoning enforcement officer, or other authorized agent, under the authority of the director of community development, shall enforce the provisions of this Ordinance. Violations of any provisions of this Ordinance are declared to be a nuisance per se. Any and all building or land use activities considered possible violations of the provisions of this Ordinance observed or communicated to police and fire department employees or to any other Charter Township official shall be reported to the director of community development.

1)

Penalties. It shall be unlawful and punishable as provided herein for any person, firm, corporation or entity to commence, to continue, or maintain any use, condition, or maintain any condition or conduct contrary to the provisions of this Ordinance. Persons, firms, corporations, or entities violating any provisions of this Ordinance shall be deemed responsible for a municipal civil infraction and subject to a fine not to exceed five hundred dollars ($500.00) plus court cost and abatement costs.

2)

Cumulative rights and remedies. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law, including, but not limited to, such injunctive relief as may be appropriate.

3.2.2 Conflicting regulations. In the interpretation, application and enforcement of the provisions of this Ordinance, whenever any of the provisions or limitations imposed or required by the provisions of this Ordinance are more stringent than any other law or ordinance, then the provisions of this Ordinance shall govern; provided, that whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this Ordinance, then the provisions of such other law or ordinance shall govern.

(Ord. No. 39.61, § 1, 9-19-95; Ord. No. 39.78, 11-17-98; Ord. No. 39.93 § 1, 3-7-00)

3.3.1 Intent and purposes. The Board of Trustees and the Planning Commission of the Charter Township of Delhi find that commercial, industrial, and multifamily residential and other uses in Delhi Charter Township have a substantial impact upon the character of the community, and upon traffic, utilities, property values open space, naturally sensitive areas, and environmentally sensitive areas thereby affecting the public health, safety, and general welfare. Therefore, in order to foster the attractiveness of the community and to enhance and preserve its desirability as a place to live and to work, and thereby preserve property values, and in order to provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning and better serve the public health, safety and general welfare, it is hereby determined that plans for such uses shall be referred to the Planning Commission of the Charter Township of Delhi in accordance with this section.

3.3.2 Site plan review.

1)

Site plan required. Except as provided in subsection 3.3.2(2), the development of any new use, the construction of any new structures, any change of an existing use of land or structure that impacts any requirement of these regulations, and all other building or development activities shall require site plan review prior to construction and/or occupancy pursuant to this article. For example, site plan review is required for any of the following activities:

a)

Erection, moving, relocation, or conversion of a building or structure to create additional floor space, other than a single-family dwelling or duplex.

b)

Any development that would, if approved, provide for the establishment of more than one (1) principal use on a parcel, such as, a single-family site condominium or similar project where a single parcel is developed to include two (2) or more sites for detached single-family dwellings.

c)

Development of nonresidential uses or multiple-family dwelling uses (other than duplexes) in single-family districts.

d)

Any change in land use or change in the use of a structure that potentially affects compliance with the standards set forth within these regulations.

e)

The development or construction of any accessory uses or structures, except for uses or structures that are accessories to a single-family dwelling.

f)

Any use or construction for which submission of a site plan is required by any provision of these regulations, such as a special land use.

2)

Site plan not required. Notwithstanding subsection 3.3.2(1), site plan approval is not required for the following activities:

a)

Construction, moving, relocating or structurally altering a single-family home in a residential district, including any customarily incidental accessory structures.

b)

Excavating, filling, or otherwise removing soil, provided that such activity is normally and customarily incidental to single-family uses described in this subsection for which site plan approval is not required.

c)

Customarily incidental to single-family uses described in this subsection for which site plan approval is not required.

d)

A change in the ownership of land or a structure.

e)

A change in the use of a structure to a similar use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of the regulations and that the site maintains full and continuing compliance with these regulations.

3)

Waiver of site plan review. Site plan review requirements may be waived in whole or in part, by the director of community development for minor development projects which have a limited potential of causing serious impact on the land in question, the neighboring properties, or the community as a whole.

4)

Minor and major development projects.

a)

Minor development projects. A minor development project, for the purpose of this section, is defined as follows:

(1)

Grading, including cut or fill up to five hundred (500) cubic yards based on the size of the site at the discretion of the director of community development;

(2)

Remodeling or alteration of an existing commercial or industrial building of less than ten thousand (10,000) square feet;

(3)

Additions to existing commercial or industrial buildings or sites of less than ten thousand (10,000) square feet when such addition is less than twenty-five (25) percent of the existing gross square feet of floor area;

(4)

On-site use wind energy systems and anemometer tower, subject to the requirements of section 6.2.2.1.

(5)

Wireless telecommunications facilities, as defined in subsection 6.11.3(2) of this chapter, which are:

1.

Located on property zoned for industrial land uses; and/or

2.

Located on property owned by Delhi Charter Township; and/or

3.

Any co-location or modification that adds to the visual impact of an existing wireless telecommunications facility.

b)

Major development projects. Major development projects are not listed above, and include, but are not limited to:

(1)

Multiple-family developments; subdivisions, condominium development, or other similar residential development projects (except duplex units);

(2)

All new nonresidential construction;

(3)

Remodeling or alterations of an existing commercial and industrial building of ten thousand (10,000) square feet or more;

(4)

Additions to existing commercial or industrial buildings of less than ten thousand (10,000) square feet when such addition is twenty-five (25) percent or greater of the existing gross square footage of floor space;

(5)

Additions to existing commercial or industrial buildings of ten thousand (10,000) square feet or more;

(6)

Anemometer tower over twenty (20) meters high, utility grid wind energy system and/or on-site use wind energy system over twenty (20) meters high.

Projects, which have been determined to be major development projects, are required to be submitted for preliminary site plan review and for final site plan review.

3.3.3 Approval authority. Site plans shall be reviewed and approved, approved with conditions or disapproved under the authority of the planning commission. Such authority shall include review by the director of community development in accordance with procedure, requirements, and standards assigned by the planning commission. The director of community development, using such qualified assistance as may be necessary, shall be the approving authority of site plans which are defined as minor developments. Major developments shall be reviewed by both the director of community development and the planning commission. The planning commission shall be the approving authority for major developments.

3.3.4 Conceptual development site plan review. Applicants are required to submit a conceptual development site plan for review by the director of community development. The intent of the conceptual site plan review is to minimize errors, miscalculations, or misconceptions prior to the submission for preliminary site plan review. Conceptual site plans shall include a property survey, public rights-of-way, public utilities, proposed buildings, and proposed parking on a scale drawing.

3.3.4.1 Combined preliminary and final site plan option. The developer may, at their option, combine their submission for preliminary and final site plan review into one (1) step. If this option is selected, all information that is required for both preliminary and final site plan review must be submitted to the director of community development as a single combined application. All provisions of section 3.3 of this article shall still apply.

3.3.5 Preliminary site plan review procedures. Both minor and major development projects shall require preliminary site plan review, unless waived pursuant to subsection 3.3.2(3) above.

1)

Applicants for preliminary site plan review shall be responsible for placing a sign, as supplied by the community development department, on the site. This sign shall state that development is proposed for the site and include the telephone number of the community development department for contact purposes. Said sign shall be placed on the subject property by the applicant within seven (7) days of submission of the application and should remain for a thirty-day period.

2)

The director of community development or his/her designee shall review the preliminary site plan and approve, approve with conditions, or deny the plan, based on compliance of the plan with this Zoning Ordinance of Delhi Charter Township. If denied, reasons for the denial shall be cited. If approved, the applicant may submit a final site plan for the development or phase of the development.

a)

The director of community development shall process minor development projects.

b)

Major development projects shall be processed by the director of community development and forwarded to the planning commission for action.

3)

Applications for preliminary site plan approval for all projects (minor or major) shall consist of the following, unless otherwise stipulated by the director of community development pursuant to section 3.3.2:

a)

Application form and appropriate fee as adopted by the Delhi Township Board and the quantity of site plans as determined by the director of community development.

b)

Fifteen (15) full-size copies and one (1) reproducible copy of the preliminary site plan, no larger than eleven (11) inches by seventeen (17) inches, with an appropriate text and graphic scale, shall be submitted with the application.

c)

Legal description, lot line dimensions and bearings, tax parcel number(s), and address of the site.

d)

Name and address of property owner of record and the developer.

e)

Existing development.

(1)

Zoning and property information:

(a)

Zoning district of site and all adjacent property;

(b)

Land use of the site and adjacent property;

(c)

Proposed use of site;

(d)

Lot area, in acres and/or square feet, excluding existing road right-of-ways as well as that in proposed right-of-ways.

(2)

Existing deed restrictions, if any.

(3)

Location and outline of all existing development and natural features on the site and adjacent sites within two hundred (200) feet of the property line, such as buildings, drives, parking areas, wells, septic tanks, drain fields, utilities, poles, ditches, underground storage tanks, above ground storage areas, woods, streams, marshes, wetlands, fence rows, individual trees of six (6) inches or larger caliper when not located in a woods, 100-year flood hazard area depicted in plan view.

(4)

Location, width, and purpose of existing easement.

(5)

Location of adjacent buildings, drives and parking areas.

(6)

Indicate the nearest public transportation route and stop.

f)

Proposed development:

(1)

Ground floor and total floor area to be constructed;

(2)

Floor coverage ratio (ground floor area/lot area);

(3)

Floor area ratio (total floor area divided by net lot area);

(4)

Number and types of dwelling units and density, for residential projects;

(5)

Building height, in feet and number of floors;

(6)

Number of buildings;

(7)

Required yards and transition strips (delineated on the plan);

(8)

Number of parking spaces required and provided with supporting calculations;

(9)

Size of parking spaces and parking lot aisles;

(10)

Proposed deed restrictions, if any;

(11)

Proposed construction and completion dates.

g)

General proposed utility layout for sanitary sewer, water, lighting and stormwater systems.

h)

Location and screening of trash storage areas.

i)

The location and elevations of existing watercourses and waterbodies, including county drains and manmade surface drainage ways, floodplains and wetlands.

j)

The location and status of any floor drains in existing or proposed structures on the site. The point of discharge for all drain and pipes shall be specified on the site plan.

k)

Location of existing and proposed public water mains, public and private drinking water wells, monitoring wells, irrigation wells, test wells or wells used for industrial processes.

l)

Inventory of hazardous substances to be stored, used or generated on-site, presented in a format acceptable to the township fire chief (include CAS numbers).

m)

Description and location for any existing or proposed above ground and below ground storage facilities.

n)

Descriptions of type of operations proposed for the project and drawings showing size, location and description of any proposed interior or exterior areas of structures for storing, using, loading or unloading of hazardous substances, hazardous wastes and/or polluting materials.

o)

Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of cleanup or closure.

p)

Completion of the environmental permits checklist on the form provided by the director of community development.

4)

Approval of the preliminary site plan is valid for a period of one (1) year. If a final site plan for the development, or any phase of the development, has not been submitted during that period, the approval of the preliminary site plan shall be null and void. Preliminary site plans whose approval has expired shall be required to be resubmitted and be processed as a original approval.

3.3.6 Final site plan review. Major and minor projects shall require final site plan review, unless waived pursuant to subsection 3.3.2(3) above.

1)

Applications for final site plan approval shall be submitted to the director of community development.

2)

The final plan for developments which have been proposed in phases shall generally conform to the approved preliminary site plan.

3)

The director of community development or their designee shall review the final site plan and application and forward a report, with recommendation for action, to the planning commission.

4)

Application for final site plan approval shall consist of the following:

a)

Application form and appropriate fee as adopted by the Delhi Township Board.

b)

Two (2) full-size copies of the final site plan and all supporting details.

c)

One (1), eleven (11) inch × seventeen (17) inch copy of the final site plan with an appropriate text and graphic scale.

d)

All information required for "preliminary site plan review" as per this section that is applicable to the property or phase of development must also be covered by the "final site plan review".

e)

Professional seal of the preparer of the plan. The preparer must be licensed by the State of Michigan as either a professional architect, engineer, land surveyor or landscape architect.

f)

Vicinity map showing the location of the site, in relation to the nearest cross street and section corner.

g)

Additional existing condition information:

(1)

Existing topography, at two-foot contour intervals.

(2)

Centerline, right-of-way dimensions including that proposed for the future, and name of each street bordering the site.

(3)

Location and type of natural features on or adjacent to the site, such as woods, streams, marshes, wetlands, fence rows, individual trees of six (6) inches or larger caliper when not located in a woods, 100-year flood hazard area depicted in plan view.

(4)

Soils information, for sites utilizing on-site septic tanks and drainfields; location and extent of soils that are unbuildable in their natural state because of organic content or water table 1 level.

(5)

Location and overall dimensions of existing structures and drives.

(6)

Surface type and width of street adjacent to site; surface elevations of existing street at the intersection of each proposed driveway or street.

(7)

USGS based benchmark on the site.

(8)

Existing utilities serving the site location, size, inverts, fire hydrants, gatewells, manholes, and catch basins; location and elevations of ditches, culverts, and bridges adjacent to the site; location of utility poles and lines; location and size of natural gas lines and appurtenances.

(9)

Natural features to remain.

(10)

Existing improvements to remain.

h)

Layout plan - showing proposed buildings and other structure locations, dimensions, walks, drives, parking areas, and layout information. Layout plan shall include:

(1)

Proposed drives and/or streets, surfaces, right-of-way, easements, location and type of curbing, length and width of turning lanes; and curve radii.

(2)

Proposed parking areas - number, size and location of spaces. Show type of surface, typical cross-section, aisle width, aisle of spaces, location of wheel stops and number and location of accessible parking spaces.

(3)

Proposed loading areas and service areas.

(4)

Proposed open space and recreation areas showing location, use, size and proposed amenities.

(5)

Proposed fences or screens - location, height, type and typical details.

i)

Grading and drainage plan. With (two-foot contour intervals) off-site elevations within approximately one hundred (100) feet of the property. Include finish floor elevations, drainage and typical cross sections. Drainage plan shall address natural drainage, storm sewer systems, subdrainage, and soil sedimentation and erosion control. Proposed storm drainage systems shall include location, dimensions and calculations of stormwater detention and retention areas (native species landscaping recommended); location, size, calculations, and material type of storm sewers; location and centerline elevations of swales or ditches; inverts; location of manholes and catch basins; direction of flow; drainage patterns; profiles of sewers; detention and retention basins; culverts; swales; ditches; and design basis. Include proposed retaining walls - location, dimensions, materials of wall and fill, typical vertical sections and design calculations. Sufficient data regarding site runoff estimates and off-site drainage patterns shall be provided to permit review of feasibility and permanence of drainage detention and/or retention as well as the impact on local surface and groundwater. The landscape plan, the utility plan, and the grading and drainage plan may be combined if the required information can reasonably be portrayed.

j)

Landscape plan showing existing plant material to remain; proposed planting, buffer areas, screening, turf, bed areas, and other landscape features; location, type and size of trees and shrubs. Landscape plan shall include a plant list of proposed plant material including horticultural name of plants, sizes and details of planting.

k)

Utilities plan - showing on-site utility locations, including sanitary sewer sanitary sewer service, waterlines, gas, electrical, telephone, cable television and other pertinent utility information.

l)

Lighting diagram - showing all exterior proposed on-site lighting and the area to be illuminated by each lighting source in accordance with section 5.1.16. The lighting diagram will also show proposed site lighting - location, type, height, intensity, direction and typical details.

5)

The director of community development and/or the planning commission may require "impact analysis" relative to the effects of the proposed development on the existing traffic capacity of streets, and the proposed development's impact on schools, existing utilities, the environment, or natural features. A traffic impact analysis shall be required when it is recommended in "evaluating traffic impact studies". The impact analysis shall be at the expense of the applicant. Other required information shall include but not necessarily be limited to the following:

a)

Phase lines, for projects to be constructed in two (2) or more phases. In phased projects, the zoning information required in section 3.5 preceding, shall be provided for each phase and for the total site.

b)

Concurrent with the submission of a site plan for review, the planning commission may require a site analysis where it is necessary to evaluate the design and development potential of the site, to identify the nature and the effect of existing conditions on design and development for the site, and to determine the site's relation to neighboring properties as well as physical and natural features in the area. The analysis shall show a correlation of the principal characteristics of the development site that will affect the layout and future use of the property and that is the basis for the site plan submittal. The analysis shall be in graphic form and may be supplemented by text.

c)

Proposed outdoor trash storage - location, dimensions and typical details of the enclosure. If no outdoor trash storage is intended, the plan shall so state.

d)

Proposed location of central mailboxes if applicable, or, if individual boxes will be used, a note so stating.

e)

Proposed identification and advertising sign locations, dimensions, area, height, illumination and typical copy.

f)

Proposed traffic control signs - location, type.

g)

Evidence of approval by:

(1)

Michigan Department of Natural Resources - wetlands, lakes, streams, dams, floodplains, where applicable.

(2)

Ingham County Road Commission and/or Michigan Department of Transportation right-of-way.

(3)

Ingham County Drain Commission - drainage districts.

(4)

All applicable federal, state, county, or special purpose regulations that apply and evidence of approval by same. (Examples: Floodplains, wetlands, roadways, drains, wells, sewers, septic systems, pollution prevention and cleanup plans, etc.)

h)

Proposed building and address number locations, typical copy, dimensions.

6)

Site condominium projects shall submit a preliminary site plan containing the information required herein, to the extent applicable, in accordance with section 5.14 of the Zoning Ordinance and shall include all land intended for the site condominium project. Where buildings or structures are not proposed at the time of review, the location and dimensions of lots, including required yards, shall be provided.

7)

Planning commission review:

a)

Except as noted in section 3.3.5, the planning commission shall review the application and final site plan and shall approve with conditions, approve with modifications, or deny the submitted final site plan. If denied, the planning commission shall cite reasons for denial. If approved, the applicant may submit the necessary plans and documents for a building permit(s).

b)

The director of community development shall affix a stamp and/or signature to the approved final site plan.

8)

Standards for site plan approval. Prior to approving a site plan, the planning commission, township board, and/or director of community development, where applicable, shall require that the following standards be satisfied. If these standards and the other requirements noted in this article or other township ordinances are met, the site plan shall be approved:

a)

For uses having frontage and/or access on a regional arterial, the number, design and location of access driveways and other provisions for vehicular circulation shall comply with the requirements of the Ingham County Road Commission.

b)

Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions of section 6.10, landscape requirements.

c)

All elements of the site plan shall be designed to take into account the site's topography, the size and type of plot, the character of adjoining property and the type and size of buildings. 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 Ordinance.

d)

The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alternations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this Ordinance.

e)

The site plan shall provide reasonable visual and sound privacy for all dwelling units located therein and between nonsimilar uses. Fences, walks, barriers and landscaping shall be used, as appropriate, to accomplish these purposes.

f)

All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the fire department.

g)

A pedestrian circulation system which is separated from the vehicular circulation system may be required. In order to ensure public safety, special pedestrian measures, such as sidewalks, crosswalks, cross signals and other such facilities may be required in the vicinity of schools, playgrounds, shopping areas and other uses which generate a considerable amount of pedestrian traffic.

h)

The arrangement of public or common ways for vehicle and pedestrian circulation shall be connected to existing or planned streets and pedestrian or bicycle pathways in the area. Streets and drives which are part of an existing or planned street pattern serving adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in the township's comprehensive plan.

i)

All streets shall be developed in accordance with the Township Subdivision Control Ordinance No. 88 and Ingham County Road Commission specifications, unless developed as a private road in accordance with the requirements of section 6.13.

j)

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. 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. All on-site storm drainage facilities shall be developed in accordance with the specifications of the Ingham County Drain Commissioner's Office and/or the township engineer, as applicable.

k)

Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. Flashing or intermittent lights shall not be permitted.

l)

Properties abutting streets which have right-of-way deficiencies, as identified in the Delhi Township Access Management Plan as administered by the Ingham County Road Commission, shall provide additional right-of-way to the appropriate agency as determined by the director of community development. The additional right-of-way shall be provided to the appropriate agency via written documentation prior to final site plan approval by the director of community development.

m)

Safe, suitable and adequate access shall be provided that complies with the requirements of the Ingham County Road Commission. The following factors shall be considered when determining whether safe and adequate access exists:

(1)

Generally, developments generating more than five hundred (500) trips per day shall be required to provide a second access point. Trip generation estimates shall be based upon equations/rates provided in the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

(2)

Topography and natural features surrounding the subject parcel shall be considered.

(3)

The provision of outlots, stub streets, etc., which may facilitate future access.

(4)

The likelihood of adjacent properties being developed in the near future such that they could be connected to the subject parcel.

(5)

Proximity to emergency services.

(6)

The adequacy of the proposed street intersection in terms of sight distances, spacing, slope, etc.

n)

The project and related improvements shall be designed to protect land and water resources from pollution, including pollution of soils, groundwater, rivers, streams, lakes, ponds and wetlands.

o)

Stormwater detention, retention, transport, and drainage facilities shall, insomuch as feasible, be designed to use or enhance the natural stormwater system on-site, including the storage and filtering capacity of wetlands, watercourses, and waterbodies, and/or the infiltration capability of the natural landscape. Stormwater facilities shall be designed so as not to cause flooding or the potential for pollution of surface or groundwater, on-site or off-site.

p)

General purpose floor drains shall be connected to a public sewer system or an on-site holding tank (not a septic system) in accordance with state, county and municipal requirements, unless a groundwater discharge permit has been obtained from the Michigan Department of Environmental Quality. General purpose floor drains which discharge to groundwater are generally prohibited.

q)

Sites at which hazardous substances, hazardous wastes, or potentially polluting materials are stored, used, or generated shall be designed to prevent spills and discharges of such materials to the air, surface of the ground, groundwater, lakes, streams, rivers or wetlands.

r)

Secondary containment facilities shall be provided for above ground storage of hazardous substances, hazardous wastes, or potentially polluting materials in accordance with state and federal requirements. Above ground secondary containment facilities shall be designed and constructed so that the potentially polluting material cannot escape from the unit by gravity through sewers, drains, or other means, directly or indirectly into a sewer system, or to the waters of the state (including groundwater).

s)

Underground storage tanks shall be registered, installed, operated, maintained, closed or removed in accordance with regulations of the Michigan Department of Environmental Quality.

t)

Above ground storage tanks shall be certified, installed, operated, maintained, closed or removed in accordance with regulations of the Michigan Department of Environmental Quality.

u)

Built storage facilities for pesticides and fertilizers shall be in compliance with requirements of the Michigan Department of Agriculture.

v)

Abandoned water wells (wells that are no longer in use or are in disrepair), abandoned monitoring wells, and cisterns shall be plugged in accordance with regulations and procedures of the Michigan Department of Environmental Quality and the Ingham County Health Department.

w)

State and federal requirements for storage, spill prevention, record keeping, emergency response, transport, and disposal of hazardous substances, hazardous wastes, liquid industrial waste or potentially polluting materials shall be met. No discharge to surface water or groundwater, including direct and indirect discharges of waste, waste effluent, wastewater, pollutants, or cooling water, shall be allowed without approval from appropriate state, county and local agencies.

3.3.6.1 Plans for anemometer tower, utility grid wind energy system, and on-site use wind energy system. In addition to the requirements for site plan review and approval found elsewhere in this article, site plans and supporting documents for anemometer tower, utility grid wind energy system and on-site use wind energy systems which are over twenty (20) meters high shall include the following:

1)

Site plan requirements.

a)

Documentation that sound pressure level, construction code, tower, interconnection (if applicable), and safety requirements have been reviewed and the submitted site plan shows compliance with these issues.

b)

Proof of the applicant's public liability insurance for the project.

c)

A copy of that portion of all the applicant's lease(s) with the land owners granting authority to install the anemometer tower and/or utility grid wind energy system; legal description of the property(ies), lease units(s); and the site plan shows the boundaries of the leases as well as the boundaries of the lease unit boundary.

d)

The phases, or parts of construction, with a construction schedule.

e)

The project area boundaries.

f)

The location, height, and dimensions of all existing and proposed structures and fencing.

g)

The location, grades and dimensions of all temporary and permanent on-site and access roads from the nearest country or state maintained road.

h)

All new infrastructure above ground related to the project.

i)

A copy of the manufacturer material safety data sheet(s) which shall include the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants.

j)

For utility grid wind energy systems only:

(1)

A copy of a noise modeling and analysis report and the site plan shall show location of equipment identified as a source of noise which is placed, based on the analysis, so that the wind energy system will not exceed the maximum permitted sound pressure levels. The noise modeling and analysis shall conform to IEC 61400 and ISO 9613. After the installation of the utility grid wind energy systems, sound pressure level measurements shall be done by a third party, qualified professional according to the procedures in the most current version of ANSI S12.18. All sound pressure levels shall be measured with a sound meter that meets or exceeds the most current version of ANSI S1.4 specifications for a type II sound meter. Documentation of the sound pressure level measurements shall be provided to Delhi Township within sixty (60) days of the commercial operation of the project.

(2)

A visual impact simulation showing the completed site as proposed on the submitted site plan. The visual impact simulation shall be from four (4) viewable angles.

(3)

A copy of an environment analysis by a third party qualified professional to identify and assess any potential impacts on the natural environment including, but not limited to, wetlands and other fragile ecosystems, historical and cultural sites and antiquities. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis, and shall show those measures on the site plan. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.

(4)

A copy of an Avian and Wildlife Impact Analysis by a third party qualified professional to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take appropriate measure to minimize, eliminate or mitigate adverse impacts identified in the analysis, and shall show those measures on the site plan. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.

Sites requiring special scrutiny include wildlife refuges, other areas where birds are highly concentrated, bat hibernacula, wooded ridge tops that attract wildlife, sites that are frequented by federally and/or state listed endangered species of birds and bats, significant bird migration pathways, and areas that have landscape features known to attract large numbers of raptor.

At a minimum, the analysis shall include a thorough review of existing information regarding species and potential habitats in the vicinity of the project area. Where appropriate, surveys for bats, raptors, and general avian use should be conducted. The analysis shall include the potential effects on species listed under the Federal Endangered Species Act and Michigan's Endangered Species Protection Law.

The analysis shall indicate whether a post construction wildlife mortality study will be conducted and, if not, the reasons why such a study does not need to be done.

(5)

A copy of a shadow flicker analysis at occupied structures to identify the locations of shadow flicker that may be caused by the project and the expected duration of the flicker at these locations from sunrise to sunset over the course of a year. The site plan shall identify problem areas where shadow flicker may affect the occupants of the structures and show measures that shall be taken to eliminate or mitigate the problems.

(6)

A site plan drawing which details the restoration plan for the site after completion of the project which includes the following supporting documentation:

(a)

The anticipated life of the project.

(b)

The estimated decommissioning costs net of salvage value in current dollars.

(c)

The method of ensuring that funds will be available for decommissioning and restoration.

(d)

The anticipated manner in which the project will be decommissioned and the site restored.

(7)

A description of the complaint resolution process developed by the applicant to resolve complaints from nearby residents concerning the construction or operation of the project. The process may use an independent mediator or arbitrator and shall include a time limit for acting on the complaint. The process shall not preclude the township from acting on a complaint.

3.3.7 Special land uses. For special land uses, as regulated by article III, a final site plan shall be submitted within one (1) year of the approval date of the special use permit unless that date is otherwise extended by Delhi Charter Township Planning Commission.

3.3.8 Validity of final site plans:

1)

Approval of final site plan is valid for a period of one (1) year. If actual physical construction of a substantial nature of the improvements included in the approved site plan have not commenced and proceeded meaningfully toward completion during that period, the approval of the final site plan shall be null and void.

2)

Upon written application, filed prior to the termination of the one-year site plan review/approval period, the planning commission may authorize a single extension of the time limit for approval of a final site plan for a further period of not more than one (1) year. Such extension shall only be granted based on evidence from the applicant that the development has a likelihood of commencing construction within, but not to exceed, a one-year extension.

3.3.9 Conformance prior to site plan approval. Prior to approving a site plan, the planning commission, shall require that the site plan conform to the township Zoning Ordinance, as amended.

3.3.10 Conditions of approval:

1)

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 the protection of the public health, safety and general welfare.

2)

Such conditions shall be related to and ensure that the site plan review requirement of section 3.3.6 are met.

3)

Approval of a site plan, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

4)

A record of conditions imposed shall be maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved.

5)

A record of the decision of the planning commission, the reason for the decision reached and any conditions attached to that decision shall be kept and made part of the minutes of the planning commission. The director of community development, where applicable, has the final review authority.

6)

The director of community development or his/her designee shall make periodic investigations of development for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the planning commission or director of community development, whichever had final review/approval authority, to terminate said approval following a hearing, of which the applicant or owner shall be given notice by certified mail.

3.3.11 Amendments to approved plans:

1)

Any person who has been granted site plan approval should notify the director of community development of any proposed amendment to such approved plan. The director of community development shall determine whether the proposed amendment constitutes a minor or major amendment based on, but not necessarily limited to the following:

a)

The addition of land to the legal description of the original site plan approval;

b)

The establishment of another use or uses;

c)

The additional of more sales or service area, or the addition of dwelling units;

d)

An expansion or increase in intensity of use.

2)

A major amendment to an approved site plan shall comply with the same filing and review procedures of the original approval. The director of community development may approve a minor amendment.

(Ord. No. 39.51, 11-16-93; Ord. No. 39.55, 4-5-94; Ord. No. 39.66, 10-1-96; Ord. No. 39.76, 9-1-98; Ord. No. 39.78, 11-17-98; Ord. No. 39.88, § 1, 2, 1-18-00; Ord. No. 39.92, § 1, 2-1-00; Ord. No. 39.97, § 1, 12-5-00; Ord. No. 39.100, § 2, 8-8-02; Ord. No. 39.104, 1-20-04; Ord. No. 39.125, 6-19-07; Ord. No. 39.155, § I, 2-16-10; Ord. No. 39.156, § I, 8-2-11)