The intent of this article shall be to:

(1)

Provide for consultation and cooperation between the developer and the planning commission so that both parties might realize maximum utilization of land and minimum adverse effects upon the surrounding land uses consistent with the requirements and purposes of this article.

(2)

Provide for township review of proposed uses of a site in relation to surrounding land uses; accessibility; pedestrian and vehicular circulation; spatial relationships; off-street parking; public and private utilities; drainage; groundwater and surface water resources; environmental characteristics; site vegetation, screening, buffering and landscaping; development characteristics and other site elements which may have an effect upon the public health, safety, and general welfare; and its relationship and conformance with adopted township ordinances and plans.

(3)

Require site plan review and approval for certain land development projects as listed in section 58-482, including additions to, modifications of, and changes in use of existing developments.

(4)

Provide for establishment of fees for site plan review.

(5)

Establish guidelines to ensure compliance with the regulations and procedures outlined in this article.

(Ord. No. 7, § 30.1, 10-5-92)

(a)

The following are uses subject to site plan review by the planning commission:

(1)

All permitted uses within the R-3, R-4, RMH, M, I, IP, C-1, C-2, M/S, and P districts except for single-family detached and two-family dwellings.

(2)

Special land uses within any zone district.

(3)

Any use or development for which the submission of a site plan is required by any provision of this article except those listed in subsection (b) of this section.

(4)

Ground mounted solar energy systems within any zoning district.

(b)

The following uses are subject to site plan review by the zoning administrator, building official, and fire inspector. Such review shall ensure that the setbacks, yards, parking and other specific requirements of this chapter are met.

(1)

All permitted uses within the RR, R-1, and R-2 districts.

(2)

Single-family detached and two-family dwellings in the R-3 district.

(3)

Minor changes to a previously approved site plan. Minor for purposes of this section is defined as changes that don't materially alter the site layout, intensity, use, or functionality of the site.

(4)

A non-residential building, structure or expansion which does not exceed 600 square feet.

(Ord. No. 7, § 30.2, 10-5-92; Ord. No. 15-16, § 2, 10-19-15; Ord. No. 17-08, § 2, 6-5-17)

(a)

The zoning administrator, building official, or planning commission, as specified in this article, shall review and approve, review and approve with conditions, or review and deny all site plans submitted under this article. Each site plan shall comply with the "Standards for Granting Site Plan Approval" as described in section 58-586 of this article. Each action taken with reference to site plan review shall be duly recorded in the official record of action by the zoning administrator or in the minutes of the planning commission. The zoning administrator shall forward those site plans requiring planning commission review to the planning commission along with his recommendations as to conformity or nonconformity with the requirements of this article, and what revisions or conditions, if any, would be necessary in order to be in conformance. Prior to any final decision, the zoning administrator and planning commission shall seek the recommendations of the township building inspector, sewer and water department, planning consultant, engineer, fire chief, the county road commission, county health department, county drain commission, county department of public works and planning, the state department of transportation, and the state department of natural resources where applicable.

(b)

All site plans shall be acted upon within 60 days of receipt of the following by the township zoning administrator:

(1)

A completed application.

(2)

A site plan meeting the requirements of section 58-486.

(3)

All applicable fees.

(c)

Following approval of a site plan, the petitioner shall apply for the appropriate township, county and/or state permits as may be required by such agencies and present appropriate plans and specifications as may be required by such agencies.

(Ord. No. 7, § 30.3, 10-5-92)

(a)

An application for site plan review shall be submitted to the zoning administrator no less than 14 days prior to the date of the meeting at which their application will be reviewed. The detailed site plan presented for consideration shall contain all information required in this section, unless the zoning administrator determines that some of the required information is not reasonably necessary for the consideration of the site plan.

(1)

Failure to obtain approval of application before work commences shall cause penalty of double the application fee to be charged to applicant.

(b)

The application materials shall, at a minimum, include the following:

(1)

Current proof of ownership or evidence of a contractual ability to acquire such land, such as an option or purchase agreement or a written statement from the property owner indicating permission for the filing of the application.

(2)

Sheet size of submitted drawings shall be at least 24 inches by 36 inches, with graphics at an engineer's scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e., one inch equals 20 to 100 feet) for sites over 20 acres.

(3)

Written documentation that the proposal meets the standards of section 58-486.

(4)

Six copies of plan sheets including the information required below, which may be provided on a single sheet if clarity can be maintained. Individual site plan requirements may be waived if deemed unnecessary by the zoning administrator and/or building official.

a.

Identification of project.

1.

The applicant's name.

2.

Name of the development.

3.

The preparer's name and professional seal of architect, engineer, surveyor or landscape architect indicating licensure in the state.

4.

Date of preparation and any revisions.

5.

North arrow.

6.

Scale of drawing.

7.

Complete and current legal description and size of property in acres.

8.

Small scale location sketch of sufficient size and scale.

b.

Existing features.

1.

Property lines and dimensions.

2.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site.

3.

Lot lines, all structures on the property, and all structures within 100 feet of the site's property lines.

4.

Locations of significant natural features.

5.

Location of any access points on both sides of the street within 100 feet of the site along streets where any access to the site is proposed.

6.

Existing topography at a minimum of five-foot contours.

7.

Existing drainage courses and existing lake or stream elevations.

c.

Proposed construction.

1.

Building blueprints, setbacks, and elevations showing height and materials for all proposed structures, including any residential units, with acreage allotted to each user.

2.

Size, height, type, and location of proposed identification signs.

3.

Proposed locations of utility services, with sizes, including storm drainage, retention or detention ponds, fire hydrants, sewer and water tap locations and any public or private easements.

4.

Runoff calculations used for determination of stormwater managements.

5.

Proposed topography with a site grading plan with topography at a minimum of two-foot contour intervals.

6.

Location and method of screening for all waste dumpsters.

7.

Location and dimensions of parking spaces, and calculations.

8.

Landscape plan indicating proposed plant locations with common plant name, number, and size at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade.

9.

Details of exterior lighting including locations, height, and method of shielding.

10.

Details of site circulation and access design, including:

i.

Indication of street right-of-way and pavement widths and pavement type.

ii.

Street horizontal and vertical dimensions, including curve radii.

iii.

Dimensions of access points including deceleration or passing lanes; distance from adjacent driveways or intersecting streets, including those across a street; boulevard dimensions; etc.

iv.

Identification of width and material to be used for pedestrian paths.

v.

Names of abutting public streets, proposed access driveways and parking areas, and existing and proposed pedestrian/bicycle paths.

vi.

Projected traffic volumes to be generated.

vii.

Written verification of access easements or agreements, if applicable.

d.

All information as required under section 58-487, site plan review standards for groundwater protection.

(5)

A completed environmental permits checklist, available at the office of the township zoning administrator or building official.

(6)

A completed hazardous substance reporting form for site plan review, available at the office of the township zoning administrator or building official.

(7)

If a phased development is proposed, identification of the areas included in each phase. For residential uses, identify the number, type, and density of proposed housing units within each phase.

(8)

A completed application form, supplied by the zoning administrator or building official, and an application fee.

The planning commission, prior to granting approval of a site plan, may request from the applicant any additional graphics or written materials, prepared by a qualified person, to assist in determining the appropriateness of the site plan. Such material may include, but need not be limited to, aerial photography, photographs, estimated impact on public schools and utilities, traffic impacts, impact on significant natural features and drainage, soil tests, and estimated construction costs.

(Ord. No. 7, § 30.4, 10-5-92; Ord. No. 14-13, § 3, 12-1-14; Ord. No. 15-16, § 3, 10-19-15)

(a)

All site plans subject to review by the planning commission shall be reviewed in accord with the following procedural requirements and activity flow:

(1)

The applicant may request a preliminary meeting with the zoning administrator to discuss the proposal and the requirements of this article when the application is obtained (optional).

(2)

The applicant shall submit required application materials to the zoning administrator, including the application fee. Note: No review activity will occur until all fees are paid in full.

(3)

Copies of the application and site plan are forwarded as necessary to the departments/agencies listed in section 58-483. The agencies review the plans and information for conformance with applicable ordinances and standards. Review comments are submitted to the zoning administrator or building official.

(4)

The planning commission conducts a preliminary review of the site plan and the comments from above-mentioned departments or agencies and indicates to the applicant in writing the changes, if any, necessary for final site plan approval.

(5)

When all the preliminary review comments are addressed the applicant submits six copies of the site plan to the zoning administrator or building official.

(6)

Final site plan review is conducted by the planning commission. The planning commission shall approve, approve with conditions, or deny the site plan, based upon compliance of the plan with standards of section 58-486. If approved, the planning commission shall indicate in writing that all the requirements of this article, including those of other reviewing agencies within the township, have been met, including any conditions that may be necessary. If denied, the planning commission shall cite reasons for denial.

(7)

Where the applicant is dependent upon the granting of any variances by the zoning board of appeals, such favorable action by the zoning board of appeals is necessary before final site plan approval can be granted. An approved site plan shall include a note referencing the case number and date of all variances granted.

(8)

The planning commission secretary shall affix a stamp and signature to two copies of the approved site plan, one of which is kept by the zoning administrator, the other by the applicant.

(b)

All site plans subject to review by the zoning administrator or building official shall be reviewed in accord with the following procedural requirements and activity flow:

(1)

Applicant may request a preliminary meeting with the zoning administrator and/or building official to discuss the proposal and the requirements of this article when the application is obtained (optional).

(2)

The applicant shall submit required application materials to the zoning administrator and/or building official, including application fee. Note: No review activity will occur until all fees are paid in full.

(3)

Copies of the application and site plan are forwarded as necessary to the departments/agencies listed in section 58-483. The agencies review the plans and information for conformance with applicable ordinances and standards. The review comments are submitted to the zoning administrator and/or building official.

(4)

The zoning administrator and/or building official shall approve, approve with conditions, or deny the site plan, based on compliance of the plan with the standards of section 58-486. If denied, the zoning administrator and or building administrator shall cite reasons for denial.

(5)

Where the applicant is dependent upon the granting of any variances by the zoning board of appeals, such favorable action by the zoning board of appeals is necessary before final site plan approval can be granted. An approved site plan shall include a note referencing the case number and date of all variances granted.

(6)

The zoning administrator and/or building official shall affix a stamp and signature to two copies of the approved site plan, one of which is kept by the zoning administrator, the other by the applicant.

(c)

All site plans must be approved prior to issuance of any building permits and prior to any land balancing, grading, tree removal, or development activity occurring.

(Ord. No. 7, § 30.5, 10-5-92)

(a)

The intent of the planning commission is to minimize any adverse impacts that a proposed site plan may have on the neighboring properties, the neighborhood in general and its character, and the community as a whole.

(b)

Each site plan shall conform to all applicable provisions of this chapter and the following standards:

(1)

All elements of the site plan shall be designed to take into account the site's topography, the size and type of the lot, 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 chapter.

(2)

The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this chapter. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

(3)

Stormwater and erosion protection.

a.

Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties, the public stormwater drainage system, or nearby bodies of water.

b.

Provisions shall be made to accommodate stormwater, prevent erosion and the formation of dust.

c.

The use of detention/retention ponds may be required.

d.

Surface water on all paved areas shall be collected at locations so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water that may interfere with this traffic.

e.

Areas of natural drainage such as swales, wetlands, ponds, or swamps shall be protected and preserved insofar as practical in their natural state to provide areas for natural habitat, preserve drainage patterns and maintain the natural characteristics of the land.

f.

Catch basins or other protective measures may be required to contain oil filters or traps to prevent contaminants from being discharged to the natural drainage system. Other provisions may be required to contain runoff or spillage from areas where hazardous materials are stored, or proposed to be stored.

g.

Compliance with the requirements of section 58-487 shall also be demonstrated.

(4)

The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.

(5)

Every structure or dwelling unit shall have access to a public street, unless otherwise provided in an approved PUD.

(6)

A pedestrian circulation system which is insulated as completely as reasonably possible from the vehicular circulation system shall be provided.

(7)

Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within the site shall be provided. Drives, streets and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points.

(8)

The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and pedestrian or bicycle pathways in the area.

(9)

All streets shall be developed in accordance with chapter 42, subdivisions and the county road commission specifications.

(10)

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

(11)

The site shall be adequately served by water supply and sewage collection and/or treatment.

(12)

All loading or unloading areas and outside storage areas, including refuse storage stations, shall be screened from view of the street and/or adjacent properties by a vertical screen consisting of structural or plant materials.

(13)

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.

(14)

Site plans shall conform to all applicable requirements of state and federal statutes and approval must be conditioned on the applicant receiving necessary state and federal permits before final site plan approval or an occupancy permit is granted.

(Ord. No. 7, § 30.6, 10-5-92; Ord. No. 10-04, § 7, 4-19-10)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Hazardous substances and polluting materials means a chemical or other material which is or may be injurious to the public health, safety, or welfare or to the environment. The term "hazardous substances and polluting materials" includes, but is not limited to, hazardous chemicals as defined by the state department of public health and the state department of labor; flammable and combustible liquids as defined by the state police fire marshal division; critical materials, polluting materials and hazardous waste as defined by the state department of natural resources; hazardous substances as defined by the U.S. Environmental Protection Agency; and hazardous materials as defined by the U.S. Department of Transportation.

(b)

Applicability. These provisions shall apply to all businesses and facilities, including private and public facilities, which use, store or generate hazardous substances and polluting materials in quantities greater than 100 kilograms per month, equal to about 25 gallons or 220 pounds, and which require site plan review under the provisions of this article or other township ordinances.

(c)

Site plan information requirements.

(1)

Completion and submission of the hazardous substance reporting form for site plan review.

(2)

Locations of existing and proposed service facilities and structures, both above and below ground, shall be shown, including:

a.

Public and private groundwater supply wells on-site and on adjacent properties.

b.

Septic systems and other wastewater treatment systems. The location of the drainfield and the septic tank, if applicable, shall be clearly distinguished.

c.

Areas to be used for the storage, use, loading/unloading, recycling, or disposal of hazardous substances and polluting materials, including interior and exterior areas. Include construction materials to be used for such areas, i.e. concrete pad, asphalt, synthetic liner, etc.

d.

Underground storage tank locations.

e.

Locations of exterior drains, dry wells, catchbasins, retention/detention areas, sumps and other facilities designed to collect, store or transport stormwater or wastewater. The point of discharge for all drains and pipes should be specified on the site plan.

f.

Locations of existing wetlands and watercourses, including lakes, ponds, rivers, and streams.

g.

Soil characteristics of the parcel, at least to the detail provided by the U.S. Soil Conservation Service.

h.

Existing topography, with a maximum contour interval of two feet indicated.

i.

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

(d)

Site plan review standards.

(1)

Groundwater protection standards.

a.

The project and related improvements shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, floodplains, groundwater, and steep slopes and to ensure the absence of an impairment, pollution, and/or destruction of the air, water, natural resources and the public trust therein.

b.

Stormwater management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding or the potential for pollution of surfacewater or groundwater, on-site or off-site.

c.

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

d.

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

e.

In determining conformance with the standards in this chapter, the township shall take into consideration the publication titled "Small Business Guide to Secondary Containment" and other references.

(2)

Aboveground storage and use areas for hazardous substances and polluting materials.

a.

Hazardous substances and polluting materials, whether in liquid or solid form, shall be stored in product-tight containers or tanks, primary containment structures, which are free of leaks and protected from accidental damage and vandalism.

b.

Secondary containment (double enclosure) shall be provided for liquid or semiliquid hazardous substances and polluting materials. Secondary containment shall be of sufficient volume to hold any leak or spill for the time necessary to clean up the spill.

c.

Secondary containment structures such as outbuildings, storage rooms, sheds, and pole barns must not have floor drain connections leading to soils, groundwater, or nearby drains or rivers. Manually operated sumps or impervious areas to collect and hold water, leaks, and spills are recommended.

d.

Areas and facilities used for the loading and/or unloading of hazardous substances and polluting materials, as well as areas where such materials are handled and used, shall be designed and constructed to prevent discharge or runoff to floor drains, rivers, lakes, groundwater, or soils.

(3)

Floor drain connections and potential discharges.

a.

All floor drains shall be connected to a public sewer system, an on-site holding tank, or an approved on-site disposal system authorized through a state groundwater discharge permit.

b.

Floor drains which are likely to receive industrial or commercial wastewaters, either through accidental spills or intentional discharges, shall not be allowed without evidence that all necessary state, county, and wastewater treatment plant approvals have been obtained.

(4)

Underground storage tanks.

a.

Existing and new underground storage tanks shall be registered with the authorized state agency in accordance with requirements of the U.S. Environmental Protection Agency and the state police fire marshal division.

b.

Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with requirements of the state police fire marshal division. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. Records of monthly monitoring or inventory control must be retained and available for review by government officials.

c.

Out-of-service abandoned underground tanks shall be emptied and removed from the ground in accordance with the requirements of the state police fire marshal division, and the state department of natural resources (MDNR).

(5)

Spill prevention and emergency response plans.

a.

All facilities storing in excess of 100 kilograms, equal to about 25 gallons or 220 pounds, of hazardous substances or petroleum products shall prepare a written spill prevention and emergency response plan.

b.

The MDNR Pollution Incident Prevention Plan (PIPP) review checklist and the state police EMD publication 602, available at the office of the township zoning administrator, shall provide guidance for development of the plan, provided state and federal agency requirements for spill prevention and emergency response plans are met.

c.

Spill prevention and emergency response plans shall be kept on file at the facility, available for inspection at any time by the township fire chief or designee.

d.

It shall be the responsibility of the facility owner to prepare updated spill prevention and emergency response plans whenever there is a change in the use, handling, or storage of any hazardous substances or petroleum products.

(6)

Contaminated soils and/or groundwater.

a.

Site plans shall take into consideration the location and extent of any contaminated soils and/or groundwater on the site, and the need to protect public health and the environment.

b.

Development shall not be allowed on or near contaminated areas of a site unless information from the department of natural resources is available indicating that cleanup will proceed in a timely fashion.

(Ord. No. 7, § 30.7, 10-5-92)

(a)

As part of an approval of the site plan the planning commission, zoning administrator, or building official may impose additional conditions or limitations that in its judgment may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the standards established in this chapter are met.

(b)

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

(c)

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

(Ord. No. 7, § 30.8, 10-5-92)

(a)

Approval of the site plan is valid for a period of one year. If actual physical construction of a substantial nature of the improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the site plan shall be null and void. Substantial improvements shall include the installation of one or more underground utility systems, the installation of streets or the installation of one or more building foundations. Upon written application, filed prior to the termination of the one year period, the planning commission may authorize a single extension of the time limit for approval of a site plan for a further period of not more than one year.

(b)

Site plans whose approval has expired shall require resubmission as an initial application.

(c)

Approval of the site plan shall void any corresponding site plan previously approved for any portion of the site.

(Ord. No. 7, § 30.9, 10-5-92)

Following final approval of a site plan by the planning commission, zoning administrator or building official, the applicant shall construct the site plan improvements in complete conformity with the approved plan. Failure to do so is a violation of this chapter and subject to the sanctions of article VI, division 4, of this chapter.

(Ord. No. 7, § 30.10, 10-5-92)

(a)

In the interest of ensuring compliance with the provisions of this chapter, protecting the natural resources, and protecting the health, safety and welfare of the residents of the township and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the planning commission, zoning administrator or building official may require the applicant to deposit a performance guarantee as set forth in this section. The purpose of the performance guarantee is to ensure completion of improvements connected with the proposed use as required by this chapter, including but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, screens, walls, landscaping, and widening strips.

(b)

"Performance guarantee" as used in this section means a cash deposit, certified check, irrevocable bank letter of credit, or corporate surety bond in the amount of the estimated cost of the improvements to be made as determined by the applicant and verified by the township zoning administrator of building official.

(c)

Where the planning commission, zoning administrator, or building official requires a performance guarantee, such performance guarantee shall be deposited with the treasurer prior to the issuance of a building permit by the building inspector for the development and use of the land. Upon the deposit of the performance guarantee the township shall deposit the performance guarantee, if in the form of a cash deposit or certified check, in an interest-bearing account to the applicant.

(d)

An approved site plan shall also prescribe the period of time within which the improvements for which the performance guarantee has been required are to be completed. The period will begin from the date of issuance of the building permit.

(e)

If the performance guarantee deposited is a cash deposit or certified check, the township shall rebate to the applicant 50 percent of the deposited funds when 60 percent of the required improvements are completed and the remaining 50 percent of the deposited funds when 100 percent of the required improvements are completed as confirmed by the zoning administrator or building official. If a request is made by the applicant for a temporary certificate of occupancy without completion of required exterior improvements, the applicant may apply the performance guarantee required in this section to assure compliance with the standards of this chapter and the specifications of the approved site plan.

(f)

Upon the satisfactory completion of the improvements for which the performance guarantee was required, as determined by the zoning administrator or building official, the treasurer shall return to the applicant the performance guarantee deposited and any interest earned thereon.

(g)

If the applicant defaults in making the improvements for which the performance guarantee was required within the time period established by the township, the township shall have the right to use the performance guarantee deposited and any interest earned thereon to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements. If the performance guarantee is not sufficient to allow the township to complete the improvements for which it was posted, the applicant shall be required to pay the township the amounts by which the costs of completing the improvements exceeds the amount of the performance guarantee deposited. Should the township use the performance guarantee or a portion thereof, to complete the required improvements, any amounts remaining after said completion shall be applied first to the township administrative costs in completing the improvement with any balance remaining being refunded to the applicant.

(h)

If the applicant has been required to post a performance guarantee or bond with another governmental agency other than the township to insure completion of an improvement associated with the proposed use prior to the township conditional approval, the applicant shall not be required to deposit with the township a performance guarantee for that specific improvement.

(i)

At the time the performance guarantee is deposited with the township and prior to the issuance of a building permit, the applicant shall enter an agreement incorporating the provisions hereof with the township regarding the performance guarantee.

(Ord. No. 7, § 30.11, 10-5-92)

(a)

An applicant who has been granted site plan approval shall notify the zoning administrator or building official of any proposed amendment to such approved site plan. Site plans previously approved may be amended pursuant to the requirements of this section.

(b)

Amendments to an approved site plan may be made by the planning commission, zoning administrator, or building official provided that such changes conform to this chapter and the land owner agrees. Minor changes may be approved by the zoning administrator or building official provided the change does not result in any of the following:

(1)

A significant change in the use or character of the development.

(2)

An increase in overall coverage of structures.

(3)

A significant increase in the intensity of use.

(4)

A reduction in required open space.

(5)

A reduction in required off-street parking and loading.

(6)

A reduction in required pavement widths or utility pipe sizes.

(7)

A significant increase in traffic on public streets or an increase in the burden on public utilities or services.

(c)

The following shall be considered a minor change:

(1)

Reduction of the size of any building or sign.

(2)

Movement of buildings and/or signs by no more than ten feet as long as setbacks are maintained.

(3)

Plantings approved in the site plan landscape may be replaced by similar types of landscaping on a one-to-one or greater basis.

(4)

Changes of building materials to a higher quality, as determined by the zoning administrator.

(5)

Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.

(6)

Changes required or requested by the township for safety reasons shall be considered minor changes.

(d)

Should the zoning administrator or building official determine that the requested modification to the approved site plan is not minor, resubmission to the planning commission for an amendment shall be required and conducted in the same manner as an original application.

(Ord. No. 7, § 30.12, 10-5-92)

Any person aggrieved by the decision of the planning commission, zoning administrator, or building official with respect to an approval or denial of a site plan shall have the right to appeal the decision to the board of zoning appeals. The appeal shall be filed with the township clerk within five business days of the decision of the planning commission, zoning administrator, or building official. The appeal shall be filed in writing and shall state the aggrieved party's grounds for appeal.

(Ord. No. 7, § 30.13, 10-5-92)

(a)

Six copies of as-built drawings shall be submitted to the zoning administrator at least one week prior to the anticipated occupancy of any building. The drawing must show building locations, paving, grades, easement, utility locations, landscaping, etc.

(b)

The zoning administrator or building official shall circulate the as-built plans among the appropriate departments for review to insure conformity with the approved site plan and other township requirements. Once each department has approved the as-built plans the zoning administrator or building official may make the final inspection and issue the occupancy permit.

(Ord. No. 7, § 30.14, 10-5-92)

Neither the township zoning administrator or building official nor the township utilities department shall issue any permits under their respective jurisdictions unless site plans covered by this article have been stamped "approved" by the planning commission, zoning administrator, or building official and until there is full and complete compliance with this article.

(Ord. No. 7, § 30.17, 10-5-92)

No person shall undertake or carry out any such activity or use, including any grading, clearing, cutting and filling, excavating, or tree removal associated therewith for which site plan approval is first required by this article. Nor shall such activity proceed prior to obtaining necessary soil erosion and sedimentation control permits, wetlands permits, or floodplains permits. Any violation of this provision is subject to the fines and penalties prescribed in article VI, division 4 of this chapter for each day of the violation from the day of discovery of the incident until an approved restoration plan, or an approved site plan is granted.

(Ord. No. 7, § 30.18, 10-5-92)