Sec. 12.0. It is the intent of this chapter to require site plan review and approval for certain buildings, structures, and land development that can be expected to impact on natural resources, traffic patterns, abutting lots or parcels, or the character of future development in an area.

Sec. 12.1.

A.

Site plan review and approval by the Township Planning Commission is required for all uses by right or by special land use permit in the Commercial and Industrial Districts and any use which involves more than one acre of land in any other Zoning District, excluding single-family dwellings permitted by right.

B.

Any use which does not require site plan review under section 12.1 A. [300.1201 A.] shall be reviewed by the Zoning Administrator to determine compliance with the provisions of this Ordinance.

Sec. 12.2.

A.

Any use or development which occupies five or more acres or which is intended to be developed in phases, may seek preliminary site plan approval, the purpose of which is to indicate the general design and layout of the project site, uses and buildings.

B.

Application for preliminary site plan approval shall consist of the following items and information:

(1)

A completed application form.

(2)

Nine copies of the preliminary site plan at a scale of not less than one inch equals 100 feet depicting; property dimensions, topographic elevation at two feet intervals, significant vegetation, water courses and water bodies, wetlands, 100-year floodplain, high risk erosion areas, existing public right-of-way, pavements, and/or private easements, existing and proposed buildings and structures, zoning classification of abutting properties, and the name of the person or firm who prepared the preliminary site plan.

C.

The Zoning Administrator shall forward the preliminary site plan to the Township Planning Commission for first consideration.

D.

If the preliminary site plan accompanies a special land use permit application, it shall be considered along with said application in accordance with procedures in section 11.3 [300.1103].

E.

If the preliminary site plan is independent of a special land use permit application, the Planning Commission shall review the site plan and approve, approve with conditions, or deny the plan, stating the reason(s) for denial.

F.

Approval of the preliminary site plan is valid for a period of 12 months. If a final site plan for the development or portion thereof has not been submitted during the 12-month period, approval of the preliminary site plan shall become null and void. The time limit may not be extended.

Sec. 12.3.

A.

[Required Items and Information:] An application for final site plan review shall consist of the following items and information:

(1)

A completed application form supplied by the Zoning Administrator.

(2)

Nine copies of a final site plan at a scale of greater than one inch equals 100 feet or less with the following information:

(a)

Dimensions of the property, contours at two-foot intervals, and location of all buildings, driveways, parking areas and other structures on adjacent properties within 50 feet of the subject property, including those located adjacent on the opposite side of a public street right-of-way.

(b)

Required building setback lines.

(c)

Location of abutting public and private streets, drives and easements serving the property.

(d)

Location, dimension and height of proposed buildings and structures, such as trash receptacles, utility pads, etc. including accessory buildings and uses, and intended future uses. Screening when required by this Ordinance shall be shown.

(e)

Location and dimensions of parking areas, including computation of parking requirements, typical parking space dimensions, handicapped parking spaces, and aisle widths.

(f)

Proposed water supply and wastewater disposal system locations and dimensions.

(g)

Proposed grades and site drainage pattern, including necessary drainage structures, and, if applicable, the location of the 100-year floodplain limits.

(h)

Location of high risk erosion areas on the site.

(i)

Proposed common open space and recreational facilities, if any.

(j)

Proposed landscaping, including locations, plant names, sizes, and quantities.

(k)

Signs, including location and sizes.

(l)

Location and dimensions, pavement markings, traffic control signs or devices, and service drives.

(m)

Exterior lighting showing location of lighting fixtures, area illuminated and design of fixtures.

(n)

The name and address of the person or firm who prepared the final site plan and the date on which the plan was completed.

(3)

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

(4)

The Planning Commission may require written statements and analysis relative to the impacts of a development included on a final site plan for the following:

(a)

Streets, traffic flow, traffic safety, service drive feasibility, and need for traffic control devices.

(b)

Fire protection, police protection, water supply, wastewater disposal, site drainage outlet, school enrollment, or environment.

B.

Review of Final Site Plan: The Planning Commission shall receive and review all final site plans. It shall approve, approve with conditions, or deny the site plan. Whenever a final site plan is denied, the reasons for the denial shall be stated and included in the minutes of the meeting at which the action is taken.

C.

Approved Final Site Plans: The Zoning Administrator, following final site plan approval, shall sign and mark the final site plan as approved, including the date of approval thereon. A copy of the approved site plan shall be maintained in the Township files and a copy shall be returned to the applicant.

Sec. 12.4. Approval of any final site plan is valid for a period of one year. If physical construction on the site has not begun within the period, the final site plan approval shall become null and void. Minor site grading shall not be considered physical construction pursuant to the approved final site plan.

Upon written application to the Planning Commission prior to the end of the one-year period, a single extension shall be granted for good cause shown.

Sec. 12.5. Prior to approving a site plan, the Planning Commission shall require that the following standards be satisfied. If these standards and other requirements of this Ordinance are met, the site plan shall be approved:

A.

For new uses or reuse of lots or parcels having frontage on a county primary road, the number, design and location of access driveways and other access provisions shall be reviewed and such access points reduced to the minimum to provide reasonable site access.

B.

Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with requirements of chapter 13 [300.1300].

C.

All elements of the site plan shall be designed to take account of the site's topography, the site size, and the character of buildings and uses on adjoining property. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property.

D.

The existing landscape shall be preserved in its natural state in so far as is practical.

E.

The site plan shall provide for reasonable visual privacy for dwelling units located or to be located thereon. Fences, walls, barriers, and landscaping shall be used to accomplish this purpose.

F.

All buildings or groups of buildings shall be arranged to permit ready access of emergency vehicles as required by the Township Fire Department.

G.

There shall be provided a pedestrian circulation system which is separate from the vehicular circulation system. In order to provide for pedestrian safety, special measures such as crosswalks may be required in the vicinity of schools, public playgrounds, shopping centers or other use which generates considerable pedestrian movement.

H.

All streets or pedestrian facilities on site shall be designed and located to permit connection with present or future similar facilities in the vicinity.

I.

Appropriate measures shall be taken to ensure that removal of surface stormwater runoff will not adversely affect adjoining properties or existing public storm drainage systems. The use of retention or detention ponds may be required where the public storm drainage outlet for the site is inadequate to accommodate part or all of the new stormwater flow. Surface water on all paved areas shall be collected at regular intervals so that it will not obstruct movement of vehicles or pedestrians.

J.

All loading and unloading areas and outdoor storage, including storage of refuse, shall be screened by an opaque fence, wall or landscape screen of not less than six feet in height.

Sec. 12.6.

A.

As part of an approval for any site plan, the Planning Commission may impose additional conditions or limitations as in its judgment may be necessary for protection of public health and safety, general welfare or public interest.

B.

Such conditions or limitations shall relate to and ensure that the review standards contained in section 12.5 [300.1205] are met.

C.

A record of conditions imposed shall be affixed to the approved final site plan and a copy maintained in the office of Township Clerk, all approved site plans and conditions, if any, shall attach to the real property, regardless of ownership. Conditions shall remain unchanged unless an amendment to the site plan is approved.

D.

The Zoning Administrator shall make periodic inspections of developments for which a final site plan has been approved. Non-compliance of the development with the approved site plan shall be enforced by the Zoning Administrator.

Sec. 12.7. Whenever a change to the approved site plan is proposed, the Zoning Administrator shall determine if the change constitutes a major or minor amendment using criteria as follows:

A.

A major amendment to the site plan shall require approval of the body first granting approval. Major amendments shall include:

(1)

The addition of land to the area included in the approved site plan.

(2)

The establishment of an additional use(s).

(3)

The addition of more interior floor area, dwelling(s), or outdoor display area.

(4)

An expansion or increase in the intensity of use(s).

B.

Any change not involving items included in section 12.7 A.(1)—(4) above [300.1207 A.(1)—(4)] shall be reviewed by the Zoning Administrator for compliance with this Ordinance. If approved, the Zoning Administrator shall make a record of such approval and place a copy in the office of the Township Clerk.

Sec. 12.8.

A.

Any person aggrieved by the decision of the Zoning Administrator or the Planning Commission in granting or denial of a final site plan shall have the right to appeal the decision to the Township Board. The appeal shall be filed with the Township Clerk within five days of the decision. The appeal shall state in writing the aggrieved party's grounds for appeal. The appeal shall act to stay any certificate of zoning compliance, building permit, or construction of improvements on the property.

B.

The Township Board shall hold a hearing at its regular meeting following the filing of the appeal and shall determine whether or not there was support on the public record for the decision made. The appellant shall not have the right to present new evidence, but shall be bound by the record before the Planning Commission or Zoning Administrator. The Township Board shall approve the site plan if all requirements of this Ordinance are met.

C.

An appeal of a Township Board decision concerning a final site plan shall be to the Muskegon County Circuit Court.