[The intent of this article is:]

(1)

To determine whether certain development proposals specified herein meet applicable requirements and are in harmony with the purpose, intent and spirit of this ordinance.

(2)

To assist the township board in reviewing design proposals which foster orderly, efficient, compatible and aesthetic uses of the lands in Porter Township.

(3)

To provide guidance for evaluation of an application for rezoning.

(Amend. eff. May 9, 2012)

A.

A single site plan shall be prepared, submitted, reviewed and approved or disapproved in accordance with the provisions of sections 5.03 through 5.05, and specifically in the following instances:

(1)

With any application for special use permit.

(2)

With any application for a zoning compliance permit involving commercial or industrial uses.

(3)

With any division of land that may be subject to the Land Division Act of 1996, as amended.

(4)

With any development that is reasonably expected to exceed 10,000 square feet of floor area, or may be expected to involve three or more buildings of any size in a period of two years.

(5)

With an application to rezone property.

(6)

With any application for multifamily dwelling unit development.

(7)

With any application for planned unit development.

(Amend. eff. May 9, 2012)

The following application and approval process procedures shall apply to all special exemption use, site plan, and rezoning applications.

(1)

Optional pre-application review. Informal pre-application review is encouraged and may be scheduled with the Planning Commission at which time the project concept may be reviewed by the applicant, township staff and township consultants.

(2)

Application and site plan review. Applicant shall submit the applicable application fee, and twelve (12) copies of the application, each including a site plan conforming to the requirements outlined in Section 5.04 and any supporting documentation, to the Planning Commission twenty-eight (28) days prior to the next scheduled Planning Commission meeting. The applicant must show proof that it is the owner of the property subject of the application, or authorization from the subject property land owner to submit the application. Upon receipt of a complete application, a public hearing will be scheduled for the next available regularly scheduled Planning Commission meeting. The Planning Commission will make a recommendation to the township board. The township board will act on the application at its next regularly scheduled meeting.

(3)

Notification. Concurrent with the application for rezoning of a property, applicant shall erect a sign visible to the public from the legal address road in accordance with Section 4.18 announcing the proposed zoning reclassification.

(4)

Effect of approval. After a site plan has been approved and construction of any part thereof commenced, no other type of development will be permitted on the site without further approval thereof following the proceedings conducted as in the original application.

(5)

Conformity to approved site plan. Property that is subject to approval of a site plan must be developed in strict conformance with the approved site plan and any amendments what [that] have received approval. If the construction and development does not conform with the same, the approvals thereof shall forthwith be revoked by the township by written notice of such revocation posted upon the premises involved and mailed to the developer and owner at its last known address. Upon revocation of such approval, all further construction activities shall cease upon the site other than for the purpose of correcting the violation or for ensuring public health and safety.

(6)

Amendment to approved site plan. A proposed amendment or modification to a previously approved site plan shall be submitted for review and approval in the same manner as the original application was submitted and reviewed.

(7)

Project phasing. When a proposed construction is to be phased, the project shall be designed in a manner that allows each phase to fully function on its own regarding services, utilities, circulation, facilities and open space. Each phase shall contain the necessary components to insure protection of natural resources and the health and safety and welfare of users of the property and residents of the surrounding area. Each phase of the project shall be commenced within 12 months of the schedule set forth in the approved site plan. If the construction of any phase is not commenced within the approved time period, plan approval shall become null and void.

(8)

Performance bond. The township may require that a performance bond or irrevocable letter of credit be deposited with the township to insure completion of the development in accordance with the approved plans.

(9)

Initiation of construction. If construction has not commenced within 12 months of the final approval, all township approvals become null and void. The applicant may apply in writing to the township for an extension, not to exceed 12 months. A maximum of two extensions may be allowed.

(10)

[Application checklists.] A Site Plan Checklist and a Rezoning Application Checklist prepared by the township (as amended from time to time) shall be used as a tool by the applicant and the township board.

(Amend. of May 9, 2012)

The following information shall be included on or attached to all Site Plans:

(1)

Name and address of property owner, including the names and addresses of any officers of a corporation, or partners of a partnership, including documentation of ownership.

(2)

Legal description of the property with tax identification number(s).

(3)

The area of the subject parcel stated in acres or, if less than one acre, in square feet.

(4)

The present zoning classification of the subject parcel.

(5)

A general description of the proposed use.

(6)

A vicinity map showing the location of the site in relation to the surrounding street system and indicating adjacent parcels with their existing use.

(7)

Recent color aerial photograph showing the site and adjoining parcels.

(8)

Documentation of approvals, as applicable, which may include, but may not be limited to the following:

a.

Van Buren County Road Commission (for property adjacent to county roads).

b.

Michigan State Highway Department (for property adjacent to state highways).

c.

Van Buren County Human Services Department (for restaurants, wells and septic tanks).

d.

Michigan Department of Environmental Quality (for development of a wetland and environmental permits).

e.

Van Buren County Drain Commission (for development over 1 acre and/or within 500 feet of a lake, stream, or county drain).

(9)

A map prepared to a scale of not less than one inch (1") equals fifty feet (50') with a graph scale, north arrow, and in sufficient detail so that the reviewing body can readily interpret the site plan, and including the following features:

a.

Name and address of the preparer.

b.

Date prepared (including revisions).

c.

Property boundaries.

d.

Topography, both existing and proposed at five feet contour intervals, and its relationship to adjoining land. (Arrows should indicate direction of drainage.)

e.

Natural features, such as woodlots, marshlands, streams, ponds, lakes, drain basins, and similar features. Indicate trees that are greater than 2" in diameter and which features are to be retained and which are to be removed or altered.

f.

Existing man-made features, such as roads and structures.

g.

Location and address of existing and proposed buildings or structures on the site, indicating the height, size, and construction type of each.

h.

Building setback of front, side and rear yards for existing and proposed buildings.

i.

Minimum spacing between existing and proposed buildings on the site.

j.

First floor elevation of existing and proposed buildings.

k.

Existing and proposed grade elevation at all property corners, building corners, and street centerlines.

l.

Percentage of land covered by buildings and percentage covered by pavement.

m.

Percentage of land reserved for open space.

n.

Dwelling unit density (where pertinent).

o.

Adjacent rights-of-way or easements including the location of existing drives on the frontage opposite the site to be developed or both opposite sides if a corner site.

p.

Other public or private rights-of-way or easements, existing and proposed.

q.

Proposed drive locations, width and approach type.

r.

Existing and proposed driving lanes, and traffic patterns.

s.

Existing and proposed parking and loading areas, including size and number of parking spaces.

t.

Existing and proposed fire lanes and accessibility for emergency and firefighting equipment.

u.

Location of existing and proposed refuse disposal storage area and enclosure details.

v.

Location of existing and proposed pedestrian walks and recreation areas.

w.

The size and location of all existing and proposed public and private utilities, including stormwater drainage, sewer treatment systems and water supply.

x.

Location of existing and proposed fencing, landscaping, screening, or other buffers required. (Landscaping must be indicated on the site plan or on a separate landscaping plan.)

y.

Location, height and direction of on-site illumination. Light fixture details.

z.

Location, size, and height of all existing and proposed signs on the site.

aa.

Location of existing and proposed ground water supply wells, septic systems and other waste water treatment systems.

ab.

Location of interior and exterior areas to be used for the storage, use, loading/unloading, recycling or disposal of hazardous substances.

ac.

Location of any existing or planned underground and above ground storage tanks and hazardous material storage areas.

(Amend. of May 9, 2012)

In approving, disapproving and approving with required modifications, the approving board may use the following guidelines:

A.

That there is a proper relationship between the existing street and highways within the vicinity to ensure the safety and convenience of pedestrian and vehicular traffic.

B.

That the proposed buildings and entryways are so situated as to minimize adverse affects on owners and occupants of adjacent properties and the neighborhood in general.

C.

That as many natural features of the landscape shall be retained as possible where they furnish a barrier or buffer between the development and adjoining properties or where they would assist in preserving the general appearance of the neighborhood, control erosion or reduce water pollution.

D.

That any adverse effects upon adjoining owners and residents shall be minimized by appropriate screening, fencing, landscaping, setbacks and the location of buildings and entryways.

E.

That all provisions of the township zoning ordinance have been complied with unless an appropriate variance has been granted.

F.

That the plan, as approved, is consistent with the intent and purpose of zoning to promote public health, safety, morals and general welfare; to encourage the use of public lands in accordance with their character and adaptability; to avoid over-crowding of population; to lessen congestion upon public roads and streets; to reduce hazards to life and property; to facilitate adequate provisions for a system of transportation, sewage disposal, safe water supply, education, recreation and other public requirements; to use most advantageously land, resources and property; to conserve property values and natural resources; and to give reasonable consideration of the uses of land and its peculiar suitability to the patterns of land, building and population development.

G.

In addition to the review criteria listed above, during review of an application for rezoning of a property, the following criteria will also be considered:

1.

Consistency of the proposed use and/or zoning with the goals, policies and Land Use Map of the Porter Township Land Use Plan.

2.

The compatibility of the site's physical, geological, hydrological and other environmental features with the host of uses permitted in the proposed zoning district.

3.

The compatibility of all the potential uses allowed in the proposed zoning district with the surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values.

4.

The capacity of Township infrastructure and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the Township. These utilities and services include, but are not limited to, sanitary and storm sewers, water and electrical service, police, fire and emergency medical service protection, healthcare facilities, schools, parks and recreation facilities, etc.

5.

The capacity of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district.

6.

The apparent demand for the types of uses permitted in the requested zoning district in the Township, and surrounding area, in relation to the amount of land in the Township, and surrounding area, currently zoned and available to accommodate the demand.

7.

All of the uses permitted in the proposed zoning district shall not cause detrimental environmental impacts, including, but not limited to, excessive stormwater runoff, water pollution, air pollution, noise pollution, excessive nighttime lighting or other environmental harm.

8.

The boundaries of the requested zoning district are sufficient to meet the dimensional regulations for the zoning district listed in the Township's Zoning requirements.

9.

If a rezoning is appropriate, the requested zoning district shall be more appropriate from the Township's perspective than another zoning district.

10.

The ability of the applicant to satisfy any requirement (e.g., site plan, etc.) applicable to the specific use imposed pursuant to zoning and land use regulations.

(Amend. eff. May 9, 2012)