It is recognized by this ordinance that the development of each parcel and site within the township is critical toward achieving sound planning and zoning practices which benefit the entire community. The intent of this ordinance is to provide for consultation and cooperation between the land developer and the township planning commission in order that the developer may accomplish his objectives in the utilization of his land in accordance with the regulations of this zoning ordinance and with minimum adverse effect on the use of adjacent street and on existing future land uses in the immediate area and vicinity.

(Ord. No. 6-2024, § 1, 11-14-2024)

The building inspector shall not issue a building permit for construction until a site plan has been submitted to, reviewed, and approved by the planning commission in accordance with the provisions of this ordinance pertaining to site plans. Except as provided in section 2A.11 of this ordinance with respect to the matters subject to administrative site plan review as designated therein, the following buildings, structures and uses shall be subject to full site plan review as specified in section 2A.05:

a.

Mobile home parks.

b.

Industrial buildings or developments.

c.

Multi-family dwellings.

d.

All office and commercial buildings and developments.

e.

Special land uses.

f.

Churches.

g.

Planned unit developments, including site condominium projects.

(Ord. No. 6-2024, § 1, 11-14-2024)

Preliminary sketches of site and development plans may be submitted to the township planning commission. The purpose of the sketch stage is to allow discussion between the developer and the township as to site, building and general requirements, to allow the developer to become acquainted with proper procedure and to investigate the feasibility of the project prior to extensive engineering plans being prepared for the final site plan review procedure. All sketch plan stage applications shall include:

a.

The name and address of applicant. If a corporation, the name and address of the officers thereof. If a partnership, the names and addresses of each partner.

b.

Legal description of the property.

c.

Drawings showing tentative plans.

(Ord. No. 6-2024, § 1, 11-14-2024)

An application for site plan review shall be submitted on a form provided by the township. All formal site plan review applications shall include the items presented in the table below on the site plan, in addition to the information required by section 2A.03 a. and b. Each submission for site plan review shall be accompanied by one application and four copies of the site plan and landscape plan on sheets 24 inches by 36 inches and in digital PDF format.

The planning commission or zoning administrator (or other designee of the planning commission) may waive any of the above enumerated requirements whenever it is determined that such requirement is not necessary for a specific site plan due to the fact that:

a.

The commission or zoning administrator (or other designee of the planning commission) finds from the evidence presented that the condition does not apply and is therefore unnecessary to evaluate the use for which approval is sought; or

b.

The commission or zoning administrator (or other designee of the planning commission) finds from the evidence that the condition can be waived or modified because there are practical difficulties or unnecessary hardships of a non-monetary nature in carrying out the strict letter of the condition, and the commission or zoning administrator (or other designee of the planning commission) finds as a fact that the waiver or modification is appropriate so that the spirit of the ordinance is observed, public safety is secured, there is no detriment resulting therefrom, or a detriment is alleviated thereby.

(Ord. No. 6-2024, § 1, 11-14-2024)

a.

The applicant shall file the site plan and all related information with the zoning administrator (or other designee of the planning commission), and pay any applicable fee as established pursuant to section 2.08. This filing shall be sufficiently in advance of the planning commission meeting at which the applicant would like to have the site plan reviewed as to allow the zoning administrator adequate time to review the filing and timely comply with subsections b—d below.

b.

The zoning administrator may, at his/her discretion, request of the supervisor a review of such plans by an engineer, architect or planner retained by the township for such review. The cost of the review may be charged to the applicant where such expense is in excess of the required fee for site plan review.

c.

The zoning administrator (or other designee of the planning commission) shall initially review the site plan and all related information submitted by the applicant for "administrative completeness" and shall identify all concerns relating to the ordinance criteria for approval of the site plan.

d.

A site plan which is determined by the zoning administrator (or other designee of the planning commission) to be administratively incomplete shall not be distributed to the planning commission or placed on the agenda of a planning commission meeting without prior approval of the planning commission chairperson.

e.

When the zoning administrator (or other designee of the planning commission) has determined a site plan to be administratively complete the applicant shall supply the zoning administrator with 12 copies (or such other number as the zoning administrator may require) of the administratively complete site plan (three large size copies and nine 11" × 17" copies, including a digital PDF format) and all related information. The zoning administrator shall retain one copy of the administratively complete site plan and related information, and shall file and distribute the other copies of same along with any pertinent administrative report as follows, no later than seven days prior to the planning commission meeting at which the site plan is scheduled to be reviewed:

1.

File two copies with the township clerk, one of which shall be available for public examination.

2.

Distribute one copy to each member of the planning commission.

3.

Distribute one copy to the township planning consultant (if required by planning commission policy).

4.

Distribute one copy to the township attorney (if required by township policy).

(Ord. No. 6-2024, § 1, 11-14-2024)

a.

Planning commission authority. The township planning commission shall have the function, duty and power to approve or disapprove, or to approve subject to compliance with certain modifications, the site plan in accordance with the purpose and intent of this ordinance and after allowing reasonable time as determined by the planning commission for receipt from and for consideration of comments and recommendations from the parties listed in section 2A.05 above.

b.

Criteria for site plan review. The site plan shall be reviewed and approved by the township planning commission upon a finding that:

1.

The proposed use will not have a harmful effect on the surrounding neighborhood development. The provision for fencing, walls, and/or landscaping may be required as a screening device to minimize adverse effects upon surrounding development.

2.

There is a proper relationship between the major thoroughfares and proposed service drives, driveways and parking areas so as to insure the safety and convenience of pedestrian and vehicular traffic.

3.

The adverse effects resulting from the locations of buildings and accessory structures will be minimized to the occupants of adjacent properties.

4.

The proper development of roads, easements and utilities has been provided to protect the general health, safety and welfare of the citizens of the township.

5.

The natural features of the landscape, such as ponds, streams, hills, wooded areas, etc. shall be retained where they afford a barrier or buffer between adjoining properties being put to different use.

6.

That as many features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood or help control erosion or the discharge of storm waters. Judicious effort shall be demonstrated to preserve the integrity of the land, existing topography, natural features (i.e., slopes, woodlands, etc.) and natural drainage patterns to the greatest extent feasible.

7.

That the plan will not result in any additional run off of surface waters onto adjoining property.

c.

Security deposit.

1.

To insure compliance with a zoning ordinance and conditions imposed at the time of issuance of the site plan approval, the planning commission may require that a cash deposit, certified check, irrevocable bank letter of credit or surety bond acceptable to the planning commission, covering 100 percent of the estimated costs of improvements associated with a project for which the site plan approval is sought, be deposited with the clerk of the township to insure faithful completion of the improvements.

2.

The planning commission shall by resolution request the township clerk to rebate said cash deposit in reasonable proportion to the ratio of work completed on the required improvements as the work progresses. The amount of rebate shall be determined from time to time at regular or special meeting of the planning commission based upon evidence presented by the applicant and/or appropriate township officials demonstrating the ratio of work completed on the required improvements.

3.

If any improvements are not constructed within the time limit established as part of the site plan approval or within any extension thereof, then the planning commission shall by resolution request the township board to take appropriate legal steps to insure completion using so much of the security deposit as is necessary for such purpose.

4.

As used herein, "improvements" means those features and actions associated with a project which are considered necessary by the planning commission to protect natural resources, or the health, safety, and welfare of the residents of a township and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, and drainage. Improvements do not include the entire project which is the subject of zoning approval.

(Ord. No. 6-2024, § 1, 11-14-2024)

Any modifications of the site plan desired by the township shall be so stated in writing to the applicant. Site plan approval may then be granted contingent upon the revision of said site plan by the petitioner to the satisfaction of the township planning commission. If any part of the approved site plan is in conflict with any section of this ordinance in terms of setbacks, parking spaces, maneuvering lanes, etc., a variance must first be obtained from the zoning board of appeals. A copy of the final approved site plan, with its modifications, shall be on record in the township offices. The copy shall have the signature of the planning commission chairman. If variances are required and have been secured, the document granting variance shall show the signature of the chairman of the board of appeals.

(Ord. No. 6-2024, § 1, 11-14-2024)

If approval is granted by the township planning commission, the following conditions shall apply:

a.

In those instances, in which platting is required by law, the owner or owners shall thereafter submit preliminary and final plats for the proposed development for approval in compliance with Acts 288, Public Acts of 1967, as amended, and with all ordinances and regulations pertaining to the procedures and requirements for the approval of plats except to the extent that such requirements have been waived or modified by the township board.

b.

Such plats shall be in strict conformity with the approved site plan, the conditions attached thereto, and the provisions of this ordinance.

(Ord. No. 6-2024, § 1, 11-14-2024)

Any site plan approval may be revoked when the construction of said development is not in conformance with the approved plans, in which case the township planning commission shall give the applicant notice of intention to revoke such permit at least ten days prior to review of the permit by the planning commission. After conclusion of such review, the planning commission may revoke its approval of the development if the commission determines a violation in fact exists and has not been remedied prior to such hearing.

(Ord. No. 6-2024, § 1, 11-14-2024)

The site plan approval shall be valid for a period of one year. One six-month time extension may be granted after complete review of the application by the township planning commission and the parties listed in section 2A.05 above. At the end of the six-month extension, if no building permit has been obtained and on-site development actually begun, the site plan approval becomes void, and the developer shall submit a new application for approval.

(Ord. No. 6-2024, § 1, 11-14-2024)

The following administrative site plan review (ASPR) process shall apply in the circumstances and to the extent specified in this section, as an alternate to the generally applicable formal site plan review process.

a.

Projects eligible for ASPR. A project is eligible for the ASPR process only with respect to any of the following changes to an existing development or an approved site plan:

1.

The use is permitted by right in the established zoning district.

2.

The expansion of an existing building or structure will not exceed 25 percent of the existing square footage.

3.

The internal rearrangement of a parking lot and/or parking spaces, which does not affect the number of parking spaces or alter access locations or design.

4.

The relocation of a building or structure by ten feet or less, where all setback and yard location requirements are met.

5.

Changes required or requested by the township for safety reasons.

6.

Other similar changes of a minor nature proposed to be made to the configuration, design, layout or topography of the site which the zoning administrator, upon consultation with the planning commission chairperson, determines will not materially affect the character or intensity of use, vehicular or pedestrian circulation, drainage patterns, or the demand for public services; will not have any adverse effect on adjacent or nearby property or the use thereof; and will not have any adverse effect on the health, safety, or welfare of the general public.

The administrative review process shall not apply to any of the following:

1.

A new building or structure.

2.

The expansion of an existing building or structure exceed 25 percent of the existing square footage.

3.

A new or altered access to the site.

4.

A special land use.

5.

A variance from any provision of the zoning ordinance is required; or the project fails to comply with any applicable provision of this ordinance, or any other applicable ordinance, regulation or law.

b.

ASPR process. The zoning administrator, after consultation with the planning commission chairperson, shall determine whether a proposed project is eligible for the ASPR process and may be granted site plan approval pursuant to that process. The zoning administrator shall refer to the planning commission for review and approval consideration pursuant to the preceding provisions of this article any proposed project for which the planning commission chairperson has not recommended approval pursuant to the ASPR process. In addition, the zoning administrator shall have discretion to decline applying the ASPR process to an eligible project, and instead refer such project to the planning commission for review and approval consideration pursuant to the applicable provisions of this article.

c.

Review and approval criteria. The zoning administrator shall review and determine whether to approve a project eligible for the ASPR process pursuant to the criteria specified in section 21.6 b. of this ordinance and all other applicable provisions. The zoning administrator may require the applicant to submit such information pursuant to the formal site plan application content requirements of section 21.4 of this ordinance, as the zoning administrator deems necessary to properly review the project pursuant to the ASPR process.

d.

Significance of approval pursuant to ASPR process. A project approved by the zoning administrator pursuant to the ASPR process shall be considered to have site plan approval, subject to sections 2A.09 and 2A.10 of this ordinance.

(Ord. No. 6-2024, § 1, 11-14-2024)

a.

Any person who has been granted site plan approval shall notify the zoning administrator of any proposed modification to the approved site plan.

b.

If the zoning administrator determines that a requested modification to an approved site plan is not eligible for ASPR pursuant to section 2A.11, re-submission to the planning commission for an amendment shall be required and conducted in the same manner as an original application for site plan review.

(Ord. No. 6-2024, § 1, 11-14-2024)