The provisions of this Ordinance shall be administered by the township planning commission and the township board in conformance with Public Act No. 184 of 1943 (MCL 125.271 et seq.), Township Zoning Act and Public Act No. 168 of 1959 (MCL 125.321 et seq.).

1.

Responsibility. The legislative body shall employ a zoning administrator to act as its officer to effect proper and adequate administration of this Ordinance. The legislative body may designate the building inspector as the zoning administrator. The term of employment, compensation, and any other conditions of employment shall be established by the legislative body. For the purposes of this Ordinance, the zoning administrator shall have the power of the code enforcement officer and shall delegate the duties of such as needed.

2.

Duties of zoning administrator. All applications for sign permits or certificates of occupancy shall be submitted to the zoning administrator who may issue certificates of occupancy or sign permits when all applicable provisions of this Ordinance have been met. The zoning administrator shall be empowered to make inspections of buildings or premises to carry out his duties in the enforcement of this Ordinance.

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

3.

Sign permit. Prior to the construction, erection or structural alteration of a sign, a permit shall be obtained from the zoning administrator. Application shall be on a standard prepared form obtained from the zoning administrator.

4.

Certificate of occupancy. A certificate of occupancy shall be obtained from the zoning administrator for any of the following:

a)

Occupancy and use of vacant land (including parking lot construction) or of a building hereafter erected or structurally altered.

b)

Change in the use of land or building, except to another use which represents a continuation of a use under a previous certificate of occupancy.

c)

Any change in use or enlargement of a nonconforming use or building.

No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued by the zoning administrator.

5.

Application for certificate of occupancy.

a)

Application. In all cases where a building permit is required, written application for a certificate of occupancy shall be made coincident with the application for such building permit, and in all cases shall be made not less than ten days prior to the time when a new, changed, or enlarged use of a building or structure is intended to begin.

b)

Information required. Application for certificate of occupancy shall be accompanied by a plat, in duplicate and drawn to scale, showing the exact dimensions of the premises to which the certificate of occupancy is to apply; the lines of all lots or parcels under separate ownership contained therein; the width and alignment of all abutting streets, alleys, easements of access and public open spaces; the size, position and height of all buildings or structures erected or altered thereon; and such other information as may be deemed necessary by the zoning administrator for the proper enforcement of this Ordinance.

c)

Accessory buildings or structures. When erected at the same time as the principal building or structure on a lot shown on the application therefor, [accessory buildings or structures] shall not require a separate certificate of occupancy.

d)

Record of applications. A record of all such applications for certificate of occupancy shall be kept on file by the zoning administrator. Whenever the buildings, structures, premises and uses thereof as set forth on the application are in conformity with the provisions of this code and other applicable regulations, it shall be the duty of the building inspector to issue any necessary building permit, and when such permit is denied, to state such refusal in writing, with cause.

e)

Issuance of certificate of occupancy. After notification that the building, structure or premises, or part thereof, is ready for occupancy and inspection, the zoning administrator shall make final inspection thereof, and if all provisions of this code and other applicable regulations have been complied with, he shall issue a certificate of occupancy which shall show such compliance. When a certificate of occupancy is denied on the grounds of a zoning violation, such refusal shall be stated in writing with reasons for said denial.

A temporary certificate of occupancy may be issued by the zoning administrator for a part of a building or structure or premises prior to completion of the entire building, structure or premises, provided it is sufficiently clear all provisions of this Ordinance will be met.

The zoning administrator shall certify, after proper examination, the extent and kind of use, and whether or not the use conforms to district requirements. Failure to file such application shall place the burden of proof as to the date of establishment of any use upon the owner.

The zoning administrator shall enforce the provisions of this Ordinance.

1.

Violations and penalties. Violations of any provision 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 by or communicated to a township official or employee shall be reported to the zoning administrator.

a)

Inspection of violation. The zoning administrator shall inspect each alleged violation or violations he observes or is aware of and shall order correction, in writing, of all conditions found to be in violation of this Ordinance.

b)

Correction period. All violations shall be corrected within a period of ten days after the order to correct is issued or in such longer period to time, not to exceed six months, as the zoning administrator shall determine necessary and appropriate. A violation not corrected within this period shall be reported to the township attorney, who is hereby authorized to and shall initiate procedures to eliminate such violation.

c)

Penalties. Every person, whether as principal agent, servant, employee, or otherwise, including the owners of any building, structure or premises, or part thereof, where any violation of this Ordinance shall exist or shall be created who shall violate or refuse to comply with any of the provisions of this code shall be guilty of maintaining a nuisance per se and upon conviction thereof shall be punished by a fine of not more than $500.00 or by imprisonment for a term of not to exceed 90 days, or by both such fine and imprisonment, within the discretion of the court. [After] the permissible grace period a separate offense shall be declared.

d)

Cumulative rights and remedies. The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

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 this Ordinance are more stringent than any other law or ordinance, the provisions of this Ordinance shall govern; provided also 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. 641, 4-28-2003)

Editor's note— The penalty in subsection 2302 1.c) has been superseded by Ord. No. 600, making violations a municipal civil infraction. See Township Code, § 1-5.

1.

Legislative body may amend. The legislative body may amend the regulations and provisions stated in the text of this Ordinance, and the boundaries of zoning districts shown on the zoning district map may be amended, supplemented, or changed by ordinance by the legislative body in accordance with the applicable zoning enabling legislation of the state.

2.

Initiation of amendments. Proposals for amendments, supplements, or changes may be initiated by the legislative body of its own action, by the planning commission, or by petition of one or more owners of property to be affected by the proposed amendment.

3.

Amendment procedure.

a)

Petition to legislative body. Each petition by one or more owners for an amendment shall be submitted upon an application of standard form to the township clerk. A fee as established by the legislative body shall be paid at the time of application to cover costs of necessary advertising for public hearings, for use of a standard amendment sign, and investigation of the amendment request. No part of such fee shall be returnable to a petitioner. The township clerk shall transmit the application to the planning commission for recommended action. In the event the allowance of a desired use requires both a rezoning and special use permit, both requests may be submitted jointly, subject to the following:

i)

The ordinance procedures for each shall be followed as specified.

ii)

All applicable standards and specifications required by the ordinance shall be observed.

b)

Recommendation. The planning commission shall consider each proposal for amendment in terms of its own judgment on particular factors related to the individual proposal and in terms of the likely effect of such proposal upon the development plans for the community. The planning commission may recommend any additions or modifications to the original amendment petition.

c)

Public hearing. The planning commission shall conduct at least one public hearing with notice given in accordance with section 2305.

d)

Saginaw County Metropolitan Planning Commission. Following the conclusion of the public hearing, the township planning commission shall submit the proposed amendment, including any zoning district map, to the Saginaw County Metropolitan Planning Commission for its review. The approval of the county planning commission shall be conclusively presumed unless such commission shall, within 30 days of its receipt, have notified the legislative body of its disapproval or approval.

e)

Legislative body. Upon receipt of the planning commission together with the county planning commission's recommendation, the legislative body shall review said recommendations.

If the legislative body shall deem any amendments, changes, additions, or departures are advisable to the proposed ordinance amendment recommended by the planning commission, it shall refer the same back to the planning commission for a report thereon within a time specified by the legislative body.

After receiving the proposed amendment recommendations heretofore specified, the legislative body shall grant a hearing on the proposed amendment to any property owner who has filed a written request to be so heard and shall request the planning commission to attend such hearing.

Thereafter, the legislative body may deny or adopt the amendment with or without any changes.

f)

Resubmittal. No application for a rezoning which has been denied by the legislative body shall be resubmitted for a period of one year from the date of the last denial, except on grounds of newly discovered evidence or proof of changed conditions found upon inspection by the legislative body to be valid.

4.

Findings of fact required. In reviewing any petition for a zoning amendment, the planning commission shall identify and evaluate all factors relevant to the petition and shall report its findings in full, along with its recommendations for disposition of the petition, to the township board within 90 days of the filing date of the petition. The facts to be considered by the planning commission shall include, but not be limited to, the following:

a)

The requested zoning change is consistent with the adopted comprehensive development plan, unless one of the following is substantially demonstrated:

i)

There was an original mistake in the zoning classification.

ii)

There have been significant changes in conditions since adoption of the plan.

iii)

There has been a change in public development policies for the area in question.

b)

Whether the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance.

c)

The precedents and possible effects of such precedents which might result from approval or denial of the petition.

d)

The capabilities of the township or other government agencies to provide any services, facilities and/or programs that might be required if the petition were approved.

e)

The probability of any significant negative environmental impacts which would result if the petitioned zoning change occurred and the resulting permitted structures were built.

f)

The effect of approval of the petition on the condition of and/or value of property in the township or in adjacent civil divisions.

g)

The effect of approval of the petition on adopted development policies of Saginaw Township and other government units.

h)

Whether the proposed change is consistent with other zones, land uses and the trend of development in the area.

i)

All findings of fact shall be made a part of the public records of the meetings of the planning commission and the township board. An amendment shall not be approved unless these and other identified facts are affirmatively resolved in terms of the general health, safety and welfare of the citizens of Saginaw Township or civil divisions where applicable.

5.

Conditional rezoning request. Saginaw Charter Township will not require nor imply that conditional zoning or zoning agreements are a necessity or a condition for approval.

a)

A request for conditional zoning or a zoning agreement shall be submitted, in writing, to the zoning administrator, chairman of the township planning commission and the township supervisor. The request shall be required prior to any application for rezoning or appearance before the planning commission.

b)

Upon receipt of the request, the zoning administrator will prepare a memo to the planning commission and the township board detailing that a request has been received, from whom and the area proposed for rezoning. The applicant will receive a copy as well. The zoning administrator, the township supervisor and the chairman of the planning commission will arrange for an informal meeting with the developer to discuss the specific request or requests.

c)

Informal review process. An informal meeting will be held with the zoning administrator, the township supervisor and chairman of the planning commission and the proposed developer or developers. During the meeting the developer should be prepared to provide the following information, in writing:

i.

The zoning district desired.

ii.

The specific use proposed.

iii.

A conceptual layout. A full site plan is not needed at this time.

iv.

Identification of particular items that might be necessary to mitigate the proposed rezoning and associated development.

d)

From this informal meeting, the township will provide a follow-up letter to the developer and copied to the planning commission and township board which details the following:

i.

The proposed use of the parcel and the desired zoning district.

ii.

A discussion of all related zoning requirements included within the existing zoning ordinance.

iii.

A discussion of potential items in addition to the typical zoning requirements, which may be necessary or desirable to mitigate the proposed rezoning, and associated development.

iv.

A proposed timeline for the process, identifying key dates for submittal, public hearings and tentative approval.

v.

An overview of the discussion, including any relative buffering or other such items which may be considered by the planning commission in terms of surrounding uses, intensity of surrounding uses and the purpose and intent of the zoning regulations and the adopted master plan and any other policy documents or guide so adopted by the township.

e)

Formal review process. Using the proposed timeline as a guide, the developer or developers will submit all their required information, which for conditional zoning or zoning agreement shall be:

i.

At a minimum, a site plan done to such a level of detail that assures the basic arrangement of any structures and connection to required utilities.

ii.

An elevation of the proposed structure.

iii.

The rezoning request must be submitted in accordance with the township's rezoning policy, which requires submission at least 30 days prior to the next regularly scheduled planning commission meeting.

• It is important to note that these items will be made part of the approval of the rezoning. Failure to complete the project as approved by the township may result in a loss of the status of the conditional zoning.

f)

All public notifications, reviews and hearings will be scheduled and advertised as set forth in the zoning ordinance and as typically practiced in the township for the rezoning of land. If the proposed use requires a special land use permit, the special land use permit and hearing may be conducted concurrently if the site plans and appropriate documentation are provided.

g)

The township attorney will draft a zoning agreement for execution by the township and the developer.

h)

Any and all conditions imposed as part of the conditional zoning or zoning agreement process must meet the following criteria:

i.

Conditions such as building appearance, landscaping, setbacks in an amount more than what is required by the current zoning ordinance; screening or buffering in an amount more than what is required by the current zoning ordinance, etc., shall be directly related to the proposed project and serve to mitigate any potentially deleterious effects on surrounding properties or properties in general.

ii.

Conditions serving as additional performance standards, including but not limited to lighting, noise, traffic, etc., shall be directly related to the proposed project and development and should serve to mitigate any potentially deleterious effects on surrounding properties, the road network, and the general area.

iii.

Conditions limiting the specific use of the property are permitted, however, the planning commission and township board should be mindful of being too specific. For example, limiting a use to a "professional office" may prevent the parcel from being used for something similar in intensity, yet different, such as a day care center or commercial or private school. Care should be taken to be specific in terms of standards and intensity and more flexible in terms of naming specific uses.

iv.

The planning commission will forward their recommendations to the township board for consideration.

i)

If the planning commission recommends, and the township board approves a conditional zoning or zoning agreement request, the zoning designation will be noted on the zoning map as an overlay district and the zoning will be referenced as a footnote on the map itself. The footnote will refer to the actual zoning case, the zoning approval and specific conditions and the ordinance number.

j)

Final zoning agreement. A zoning agreement shall be drafted by the township attorney and executed. The developer shall be responsible for all costs associated with the drafting and executing of the zoning agreement.

i.

The developer, the chairman of the planning commission and the township clerk shall all sign the submitted documentation. A copy will be returned to the developer and the original shall stay with the township.

ii.

A copy will be recorded at the Saginaw County Register of Deeds office.

k)

Enforcement. By approving the conditional zoning or zoning agreement, the township grants rezoning and then, subsequently or concurrently, site plan approval. The specific conditions imposed and agreed to by the developer and the township become part of the approval.

l)

Should the developer not meet the conditions as specified, they will be considered in violation of the Township Zoning Ordinance and will be pursued as such.

m)

Any change to the conditions shall require a rezoning and shall follow the same procedure as identified in subsection 2303.5.

n)

Should the developer not complete the proposed project within 18 months, the property shall revert to the previous zoning classification.

o)

Should the developer abandon the specific use and it is vacant and/or abandoned for a period of 18 months, the parcel shall convert to its previous zoning classification.

p)

A property that reverts from conditional zoning will be considered a legal nonconforming use and subject to all applicable zoning regulations. Reversion of the subject property shall require:

i.

The original developer, the current property owner (if different) and the occupant(s) of the property shall be notified of the pending reversion by certified mail. The township board and planning commission shall receive the same notice. The notice will provide a 30-day period for which the developer/owner can seek an extension of the time frame or begin construction.

ii.

If, after the 30 day time frame, no action or formal request has been made, the property in question and so legally described and noted, will be published as a rezoning. The same notice and publication requirements followed for a typical rezoning process shall be followed. The notice will include a time and date for a public hearing at which comments related to the reversion will be held.

(Ord. No. 692, 10-23-2006; Ord. No. 694, 1-8-2007)

State Law reference— Zoning amendments, MCL 125.284.

1.

Creation and membership.

a)

Establishment. The township board, upon exercising the authority of Public Act No. 184 of 1943 (MCL 125.271 et seq.), provides that a township board of appeals be established.

b)

Membership, terms of office. The township board of appeals shall consist of five members. The first member of the board of appeals shall be a member of the township planning commission. The remaining members of the board of appeals shall be selected from the electors of the township. The members selected shall be representative of the population distribution and of the various interests present in the township. One member may be a member of the township board. An elected officer of the township shall not serve as chairman of the board of appeals. An employee or contractor of the township board may not serve as a member or an employee of the township board of appeals. The township board may appoint not more than two alternate members for the same term as regular members to the zoning board of appeals. An alternate member may be called as specified to serve as a member of the zoning board of appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the zoning board of appeals. A member of the zoning board of appeals may be removed by the township board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office. The term of office for members appointed to the zoning board of appeals shall be for three years, except for members serving because of their membership on the planning commission or legislative body, whose terms shall be limited to the time they are members of those bodies. The term of each member shall be for three years, except that of the members first appointed two shall serve for two years and the remaining members for the three years. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. A township board of appeals shall not conduct business unless a majority of the members of the board are present.

2.

Organization and procedures.

a)

Rules of procedure. The board of appeals shall adopt its own rules of procedure as may be necessary to conduct its meetings and carry out its function. The board shall choose its chairman and, in his absence, an acting chairman.

b)

Meetings. Meetings shall be held at the call of the chairman and at such times as the board of appeals may determine. All meetings by the board shall be open to the public. The board may declare any meetings, or part of any meeting, a study meeting to pursue matters of business without comment or interruption from the public in attendance.

c)

Records. Minutes shall be recorded of all proceedings which shall contain evidence and date relevant to every case considered, together with the votes of the members and the final disposition of each case. Such minutes shall be filed in the office of the township clerk and shall be made available to the general public.

d)

Counsel. The township attorney shall act as legal counsel for the board and shall be present at all meetings upon request by the board.

3.

Appeals to the appeals board.

A.

A demand for a zoning appeal is received by the zoning administrator. Appeals can be filed by:

(1)

A person aggrieved; or

(2)

An officer, department, board, or bureau of the state or local unit of government.

B.

The appeals board shall have the authority to hear appeals concerning:

(1)

All questions that arise in the administration of the zoning ordinance, including interpretation of the zoning map.

(2)

All administrative orders, requirements, decisions or determinations made by an administrative official or body charged with enforcement of the zoning ordinance.

(3)

All decisions of the zoning administrator.

(4)

All decisions concerning site plan review.

C.

A fee as established by the legislative body shall be paid to the zoning administrator at the time of filing application with the board. The purpose of such fee is to cover in part the necessary advertisements, investigations and other expenses incurred by the board in connection with the appeal.

D.

Upon receipt of a demand for appeal, the zoning administrator will review the demand for appeal to insure it is complete and the fee is paid.

(1)

If the application is not complete, the zoning administrator will return the application to the applicant with a letter that specifies the additional material required.

(2)

If the application is complete, the zoning administrator shall establish a date to hold a hearing on the appeal.

E.

The appeal stays all proceedings in furtherance of the action appealed, unless the body or officer from whom the appeal is taken certifies to the zoning board of appeals that by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril of life or property, in which case proceedings may be stayed by a restraining order issued by the zoning board of appeals or a circuit court.

F.

The notices shall be given in accordance with section 2305 of this Ordinance.

G.

The appeals board shall hold a hearing on the demand for appeal.

(1)

Representation at hearing. Upon the hearing, any party or parties may appear in person or by agent or by attorney.

(2)

Standards for variance decisions by the appeals board. The appeals board shall base its decision on variances from the strict requirements of this Ordinance so that the spirit of the ordinance is observed, public safety secured, and substantial justice done based on the following standards:

a.

For dimensional variances. A dimensional variance may be granted by the zoning board of appeals only in cases where the applicant demonstrates in the official record of the public hearing that a practical difficulty exists by showing all of the following:

(i)

That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicant's personal or economic difficulty.

(ii)

That the need for the requested variance is not the result of actions of the property owners or previous property owners (self-created).

(iii)

That strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.

(iv)

That the requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district.

(v)

That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district.

H.

If the demand for appeal is for a variance the appeals board shall either grant, grant with conditions, or deny the application. The appeals board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination and may issue or direct the issuance of a permit. A majority vote of the membership of the appeals board is necessary to grant a dimensional variance and rule on an interpretation of the ordinance. The decision shall be in writing and reflect the reasons for the decision.

(1)

At a minimum, the record of the decision shall include:

a.

Formal determination of the facts;

b.

The conclusions derived from the facts (reasons for the decision);

c.

The decision.

(2)

After the zoning board of appeals approves the minutes of its decision or otherwise certifies its decision in writing, it shall be copied and delivered by first class mail to the person demanding the appeal, the administrator, and other parties.

I.

Any person having an interest affected by such decision shall have a right to appeal to circuit court within 30 days of the certified decision of the appeals board, as provided by law.

(Ord. No. 693, 11-27-2006)

Cross reference— Boards and commissions, § 2-291 et seq.

State Law reference— Board of appeals, MCL 125.288 et seq.

1.

Public notification. All applications for development approval requiring a public hearing shall comply with the Michigan Zoning Enabling Act, PA 110 of 2006 and the other provisions of this section with regard to public notification.

A.

Responsibility. When the provisions of this Ordinance or the Michigan Zoning Enabling Act require that notice be published, the zoning administrator shall be responsible for preparing the content of the notice, having it published in a newspaper of general circulation in Saginaw Charter Township and mailed or delivered as provided in this section.

B.

Content. All mail, personal and newspaper notices for public hearings shall:

(1)

Describe nature of the request: Identify whether the request is for a rezoning, text amendment, special land use, planned unit development, variance, appeal, ordinance interpretation or other purpose.

(2)

Location. Indicate the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the subject property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used such as a tax parcel identification number, identifying the nearest cross street, or including a map showing the location of the property. No street addresses must be listed when 11 or more adjacent properties are proposed for rezoning, or when the request is for an ordinance interpretation not involving a specific property.

(3)

When and where the request will be considered: Indicate the date, time and place of the public hearing(s).

(4)

Written comments: Include a statement describing when and where written comments will be received concerning the request. Include a statement that the public may appear at the public hearing in person or by counsel.

(5)

Handicap access. Information concerning how handicap access will be accommodated if the meeting facility is not handicap accessible.

C.

Personal and mailed notice.

1.

General. When the provision of this Ordinance or state law require that personal or mailed notice be provided, notice shall be provided to:

a.

The owners of property for which approval is being considered, and the applicant, if different than the owner(s) of the property.

b.

Except for rezoning requests involving 11 or more adjacent properties or an ordinance interpretation request that does not involve a specific property; to all persons to whom real property is assessed within 300 feet of the boundary of the property subject to the request, regardless of whether the property or occupant is located within the boundaries of Saginaw Charter Township. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure. The applicant shall provide the zoning administrator with a list of such persons along with the application.

All neighborhood organizations, public utility companies, railroads and other persons which have requested to receive notice pursuant to sections X.Y.2 [subsection 2305.2], registration to receive notice by mail.

c.

Other governmental units or infrastructure agencies within one mile of the property involved in the application.

(2)

Notice by mail/affidavit. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The zoning administrator shall prepare a list of property owners and registrants to whom notice was mailed, as well as anyone to whom personal notice was delivered.

D.

Timing of notice. Unless otherwise provided in the Michigan Zoning Enabling Act, PA 110 of 2006, or this Ordinance where applicable, notice of a public hearing shall be provided as follows:

(1)

For a public hearing on an application for a rezoning, text amendment, special land use, planned unit development, variance, appeal, or ordinance interpretation: Not less than 15 days before the date the application will be considered for approval (THIS MEANS IT MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AND FOR THOSE RECEIVING PERSONAL NOTICE, RECEIVED BY MAIL OR PERSONAL NOTICE, NOT LESS THAN 15 DAYS BEFORE THE HEARING).

2.

Registration to receive notice by mail.

A.

General. Any neighborhood organization, public utility company, railroad or any other person may register with the zoning administrator to receive written notice of all applications for development approval pursuant to subsection 2305.1.C.(1)c., personal and mailed notice, or written notice of all applications for development approval within the zoning district in which they are located. The zoning administrator shall be responsible for providing this notification. Fees may be assessed for the provision of this notice, as established by the legislative body.

B.

Requirements. The requesting party must provide the zoning administrator information on an official form to ensure notification can be made. All registered persons must re-register biannually to continue to receive notification pursuant to this section.

(Ord. No. 693, 11-27-2006)

1.

Intent and purpose. This article is intended to recognize the unique and disparate functions of major and minor arterials which include long-distance traffic movement as well as land access to individual traffic generators. It is the purpose of this article to serve the public interest by minimizing operational difficulties caused by these generally incompatible traffic functions.

The regulations of this article strive to promote the efficient use of public thoroughfares, protect the public investment in long-distance traffic-carrying facilities, diminish hazardous traffic conditions, minimize accidents and property damage, and avoid future degradation of arterial street traffic capacity. Simultaneously, the regulations strive to protect the right of abutting land owners to reasonable access.

These regulations are in effect in all communities that abut the Tittabawassee Road Corridor, as defined in section 2. The presence of this language in each municipality's zoning ordinance is intended to promote the consistent and continued intent and purpose of this Ordinance.

2.

Applicability. The regulations set forth in this article will apply to the Tittabawassee Road Corridor from M-47 (Midland Road) to the Saginaw River and as designated on the official municipal zoning map. These regulations shall apply as an overlay district to the General Ordinance, as shown on the official Saginaw Charter Township Zoning Map.

These regulations will only apply when the average daily bi-directional traffic volumes on Tittabawassee Road, for one-half mile east or west of the proposed access point, exceed 13,000 vehicles. In addition, these regulations will apply if traffic development is expected to cause the average daily bi-directional traffic volume to exceed 13,000 vehicles for one-half mile east or west of the proposed access point.

As an overlay zone, these regulations will apply in addition to those regulations presently in force. Where there are actual or implied conflicts between regulations in the overlay zone and the base zoning district, the Tittabawassee Road Corridor Overlay Zone regulations shall apply. Construction or any alteration of a direct access driveway, except resurfacing, along any public street, road or highway within the overlay zone shall require issuance of an access permit from the planning commission and the Saginaw County Road Commission.

The Saginaw County Road Commission will count and determine the average daily traffic count on Tittabawassee Road for purposes of this Ordinance.

3.

Description of access control overlay zone. The overlay zone in Saginaw Township will be along the frontage of Tittabawassee Road from I-675 to M-47 (Midland Road) for a depth of 600 feet as measured from the proposed right-of-way line for Tittabawassee Road. Intersecting road frontages will also be included in the overlay zone for a distance of 600 feet. The overlay zone is shown on the Saginaw Charter Township Zoning Map.

4.

Performance standards. It shall be unlawful to construct or utilize any direct access driveway which does not meet the following criteria:

a)

Any driveway design utilized must allow an entering vehicle turning speed of 15 miles per hour to help reduce interference with through street traffic.

b)

Driveway design and placement must be in harmony with internal circulation and parking design such that the entrance can absorb the maximum rate of inbound traffic during a normal weekday peak traffic period as determined by a traffic survey method approved by the planning commission.

c)

There must be sufficient on-site storage to accommodate at least five queued vehicles waiting to park or exit without utilizing any portion of the paved street or in any other way interfering with street traffic.

d)

Provisions for circulation between adjacent parcels should be provided through coordinated or joint parking systems, service drives, or other methods determined at the time of site plan review.

e)

Driveway entrances must be able to accommodate all vehicle types having occasion to enter the site, including delivery vehicles, without inhibiting other vehicles either on the road or those entering or exiting the site.

f)

Driveway placement should be such that loading and unloading activities will in no way hinder vehicle ingress or egress.

g)

Direct access driveway placement must be such that an exiting vehicle has an unobstructed sight distance from the stop bar, according to the following schedule:

h)

Driveway design must be such that an entering vehicle will not encroach upon the exit lane of a two-way driveway. In addition, an exiting vehicle turning right must be able to enter traffic utilizing only the first through traffic lane available without encroachment into the adjacent through lane.

5.

Permit application. All applications for driveway approach permits shall be made on a form prescribed by and available at Saginaw Township and the Saginaw County Road Commission.

a)

Permit applications shall be accompanied by clear, scaled drawings (minimum of 1″ = 20) in triplicate showing the following items:

i)

Location and size of all structures proposed on the site.

ii)

Size and arrangement of parking stalls on aisles.

iii)

Proposed plan of routing motor vehicles entering and leaving the site.

iv)

Property lines.

v)

Right-of-way lines (existing and proposed, if different)

vi)

Intersecting roads, streets, and driveways within 300 feet either side of the property on both sides of the corridor.

vii)

Width of right-of-way.

viii)

Width of road surface.

xi)[ix)]

Type of surface and dimensions of driveways.

x)

Proposed turning radii.

xi)

Proposed treatment of right-of-way adjacent to driveway(s) and between the right-of-way line and property line. Show all proposed landscaping, signs, aboveground utilities, etc.

xii)

Traffic analysis and trip generation survey results and methodology obtained from a licensed engineer if determined necessary by the planning director.

xiii)

Design dimensions and justification for any alternative or innovative access design.

xiv)

Dumpster location.

xv)

Adjacent parcel information, such as, but not limited to, parking lots, buildings, structures, mutual drives, etc.

6.

Permit review process.

a)

Application for an access permit may be obtained from Saginaw Township.

b)

The completed application must be received by the Saginaw Township Zoning Administrator at least 14 days prior to the planning commission meeting where the permit will be reviewed.

c)

The applicant, the Saginaw County Road Commission and the zoning administrator may meet prior to the planning commission meeting to review the application and proposed access design.

d)

The planning commission shall review and recommend approval, or denial, or request additional information prior to forwarding the access application to the Saginaw County Road Commission for their review.

e)

The Saginaw County Road Commission shall review the access permit application and conclusions of the planning commission. One of three actions may result:

i)

If the planning commission and the road commission approve the application as submitted, the access permit shall be granted.

ii)

If both the planning commission and the road commission deny the application, the permit shall not be granted.

iii)

If either the planning commission or road commission requests additional information, approve with conditions, or do not concur in approval or denial, there shall be a joint meeting of the administrative staff of the Saginaw County Road Commission, Saginaw Township Planning Commission and the applicant. The purpose of this meeting will be to review the application to obtain concurrence between the planning commission and the road commission regarding approval or denial.

No application will be considered approved, nor will any permit be considered valid unless both above-mentioned agencies have indicated approval.

f)

The zoning administrator shall keep a record of each application for an access permit which has been submitted, including the disposition of each one. This record shall be a public record.

g)

An access permit remains valid for a period of one year from the date it was issued. If the permit holder fails to begin earnest construction authorized by the access permit by the end of one year, the permit is automatically null and void. Any additional rights which have been granted by the planning commission or the zoning board of appeals, such as special use permits or variances, expire together with the access permit.

Any performance guarantee shall be refunded to the permit holder unless the failure to initiate activity has resulted in costs to Saginaw Township or the road commission. If any amount of the guarantee remains after said costs are satisfied, the balance of the guarantee shall be released and returned to the permit holder.

h)

The permit may be extended for a period not to exceed one year. The extension must be required in writing by the permit holder before the expiration of the initial permit period. Administrative staff of Saginaw Township may approve a permit extension, provided there are no existing or planned deviations from the original access permit site or other sites within 300 feet, and there are no violations of applicable ordinances. If there is any deviation or cause for question, the administrative staff of the municipality shall consult a representative of the Saginaw County Road Commission for input.

i)

Reissuance of an access permit which has expired requires a new access application form to be filled out and processed independently of previous action.

j)

The permittee shall assume all responsibility for all maintenance of such driveway approaches from the right-of-way line to the paved edge of the traveled roadway.

k)

Where a permit has been granted for entrances to a parking facility, said facility shall not be altered or the plan of operation changed until a revised plan has been submitted and approved as specified in this section.

l)

Application for a permit to construct or reconstruct any driveway entrance and approach to a site shall also cover the reconstruction or closing of all nonconforming or unused entrances and approaches to the same site at the expense of the property owner.

m)

When a building permit is sought for the reconstruction or remodeling of an existing site or a zoning or occupancy certificate is sought for use or change of use for any land, buildings, or structures, all of the existing as well as proposed driveway approaches and parking facilities shall comply or be made to comply with all design standards as set forth in this Ordinance prior to the issuance of a zoning or occupancy certificate.

n)

Saginaw Township and the Saginaw County Road Commission acting jointly may require a performance bond or cash deposit in any sum not to exceed $5,000.00 for each such approach or entrance to insure compliance with all of the terms of the permit. Such bond shall terminate and the deposit be returned to the permittee when the terms of the permit have been met or when the permit is canceled or terminated.

7.

Driveway spacing. Driveway spacing will be determined as a function of arterial road operating speeds. Spacing will be determined according to the following schedule:

Driveway Spacing*
Table 1

*(Standards are derived from the American Association of State Highway Transportation Officials, Geometric Design of Highways and Streets, Table of Stopping Sight Distance.)

These spacings are based on average vehicle acceleration and deceleration rates and are considered necessary to maintain safe stopping distances and traffic operation. Spacing will be measured from the midpoint of each driveway. In the event that a particular parcel or parcels lack sufficient arterial frontage to maintain adequate spacing, the landowner(s) have the following options:

a)

The adjacent landowners may agree to establish a common driveway in compliance with the regulations stated herein. The driveway must meet standard specifications, and the estimated driveway volume will be the sum of the trip generation rate of all land uses in question. A joint easement agreement among all properties involved must be entered into prior to an access permit being granted.

b)

If a common driveway cannot be established, for reasons beyond the property owners' (both the proponent and adjacent landowner's) control, the proponent can seek a variance from the zoning board of appeals from minimum spacing, but in no case should the variance be greater than the next lowest classification on Table 4. For example, on a 40 mile per hour arterial requiring a 185-foot spacing, the distance may be reduced to no less than 150 feet, which is the standard for a 35 mile per hour facility.

8.

Number of driveways per parcel.

a)

A maximum of one driveway opening may be permitted to a particular site from Tittabawassee Road and one abutting street. Wherever feasible, access must be obtained from an abutting street.

b)

When, in the opinion of the Saginaw Township or the road authority's traffic engineer, and in the views of the permittee, it is in the interest of good traffic operation, the board may permit one additional driveway entrance along a continuous site frontage in excess of 300 feet or two additional driveway entrances along a continuous site frontage in excess of 600 feet.

c)

Where a dual service driveway, as depicted in Figure 5, is used, it will be considered, for purposes of this section, to be only one direct access driveway.

d)

In the case of dual one-way driveways, one pair may be used per 250 feet of frontage. Only one pair of one-way drives may be used per street frontage.

9.

Design criteria. The design features described and illustrated in this section shall be used by the applicant in dimensioning a proposed driveway or driveway system or plans accompanying the driveway permit application. Figure 1 depicts the standard minimum driveway design. Every driveway constructed along and within a public right-of-way must at least meet the listed design criteria.

a)

[Driveway traffic volumes in excess of 750/vehicles per day.] If projected driveway traffic volumes exceed 750/vehicles per day for all traffic using the driveway, a departure from the standard design may be required. Saginaw Township, in conjunction with the Saginaw County Road Commission, may specify a driveway system which will accommodate vehicle movements normally expected without creating undue congestion or hazard on the road.

The applicant may also request a particular alternative design as part of the site plan accompanying the driveway application permit.

i)

The following figures (1 through 8) and tables (2 through 5) depict driveway standards and reasonable working ranges for each standard.

This standard shall be used unless the zoning administrator, in consultation with the Saginaw County Road Commission, determines that another dimension within the range is more suitable for a particular site or special condition and is approved by the appropriate road authority and municipality.

Figure 1
Standard Two-Way Driveway Permitted By Right
(See Table 2)

Standard two-way driveways permitted by right

b)

[Right-turn lanes and tapers.] Right-turn lanes and tapers will be required when:

i)

Expected right-turn ingress movements meet or exceed 50/hour during a typical weekday peak traffic period.

ii)

When driveway volumes are expected to meet or exceed 1,000 vehicles per day.

iii)

When the Saginaw County Road Commission or Saginaw Township Engineer can document, through traffic analysis, that such treatment is necessary to avoid congestion and/or unsafe conditions on the public thoroughfare.

c)

[Center left-turn lanes with tapers.] Center left-turn lanes in conjunction with tapers will be required when:

i)

Existing traffic volume or traffic generated by any new development or change to an existing development causes any bi-directional hourly volume to exceed 825 vehicles for one-half mile east or west of the proposed access point. The required storage length for left-turn lanes shall be according to the Federal Highway Administration's standards for left turn storage lanes, available in the Saginaw County Planning Office.

A right-turn lane shall be preceded by a taper. The design feature dimensions of a right-turn lane and taper shall conform to those given in Figure 2 and Table 2.

Figure 2
Right-Turn Lane and Tapers
(Entering Tapers)

Right-turn lane and tapers

Figure 3
Right-Turn Lane and Tapers
(Exiting Tapers)

Right-turn lane and tapers

Table 3
Right-Turn Lane and Tapers
Standards For Design

* If a right-turn lane is used, the entering or existing taper standard shall be 50 feet. Without a right-turn lane, the entering or existing taper standard shall be 150 feet.

This standard shall be used unless the zoning administrator in consultation with the traffic engineer determines that another dimension within the range is suitable for a particular site or special condition.

d)

Driveway profile. Driveway profiles shall be determined using the following criteria:

i)

The grade of a two-way, one-way or divided commercial driveway shall not exceed 1.5 percent for a minimum distance of 25 feet from the edge of the pavement. Beyond this distance the grade shall not exceed five percent.

ii)

If the road is curbed and if the sidewalk is ten feet or less from the edge of the pavement, the grade of a driveway shall be the grade required to meet the sidewalk elevation. If that grade would exceed the maximums specified in paragraph 1) above, the sidewalk shall be either tilted or inclined.

iii)

If the road is uncurbed, the grade of the driveway between the road edge of pavement and the edge of the shoulder shall conform to the slope of the shoulder to the edge of the driveway approach. From that point the dimensions specified in section 2) will apply.

iv)

For a driveway on an upgrade towards the road, a grade of 1.5 percent for a distance of 100 feet from the edge of the pavement is required. Beyond this distance, the grade shall not exceed four percent and the difference in grades where there is a change of grade shall not exceed three percent.

v)

Vertical curves with a minimum length of 15 feet shall be provided at a change of grade of four percent or more.

vi)

If the sidewalk elevation has to be adjusted to meet the driveway, the sidewalk shall be inclined at a rate not to exceed one foot vertical for every 24 feet horizontal.

e)

Drainage.

i)

A driveway shall be constructed so that it does not adversely affect the road drainage. The drainage and the stability of the road subgrade shall not be altered by driveway construction or roadside development.

ii)

Drainage from adjacent parking or storage areas on private property in excess of existing drainage shall not be discharged into the road drainage system.

Figure 4
Standard Profile Design

Standard profile design

f)

Surfacing and curbing along curbed roads. A driveway shall be paved and curbed from the paved road edge to the proposed right-of-way line (section 303(2), as determined by the engineer.

g)

Surfacing and curbing along uncurbed roads. A driveway shall be paved and curbed from the paved road surface to the proposed right-of-way line (section 303(2)) or to the point of curvature between the driveway edge and the larger radius, point (b) in Figure 2. The curb ending adjacent to the driveway shall be located at least 13.5 feet from the parallel to the edge of the pavement.

h)

Surface materials and thickness. The surface of a paved driveway, excluding right-turn lanes, shall be concrete, bituminous or equivalent surfacing material. The thickness of the surface and the base to be used shall be sufficient to provide the bearing capacity needed to carry the proposed traffic loads. A 2½-inch, 250 pound per square yard bituminous mix on eight inches of compacted gravel, eight inches of nonreinforced concrete or equivalent surfacing material which meets current MDOT Standard Specifications for construction is acceptable for normal driveway traffic loads over stable soil. These specifications are minimum requirements and apply to the driveway only.

i)

Surfacing of right-turn lanes and tapers.

i)

The pavement of a right-turn lane and accompanying tapers shall match the road pavement, unless the road commission and Saginaw Township both permit the use of an equivalent pavement.

ii)

The cross slope of a right-turn lane and tapers shall be:

a)

A continuation of the cross slope of the roadway if the road is curbed.

b)

Equal to the shoulder slope if the road is uncurbed.

j)

Shoulders.

i)

The surface of the shoulder adjacent to a right-turn lane and tapers shall be of the same material as the shoulder and conform to the material as the shoulder and conform to the current Michigan Department of Transportation Standard Specifications for Roadway Construction.

ii)

If the distance between two paved commercial driveways serving the same property is less than 100 feet, measured between adjacent ends of the nearest curbed radii, the applicant shall pave the shoulder between the driveways.

k)

Driveway curb detail. The driveway curb shall either match the existing curb or shall conform to the current standards for curb and gutter as determined by the township and road commission.

10.

Corner clearance. Intersecting streets and direct access driveways shall be spaced according to the same regulations for distances between direct access driveways, as listed in section 3, with the exception of the following: direct access driveways must be at least 400 feet from the intersections of M-84 (Bay Road), North Center Road, and Mackinaw Road.

11.

Consistency with comprehensive plan. In some cases, on a particularly congested arterial, the Saginaw Township Planning Commission may call for specific innovative treatment of access control. Examples may include service drives, continuous right-turn lanes, access off and collector streets, commercial parks, and combined, coordinated parking/access systems. In such cases, any innovative design meeting the spirit and intent of these regulations, and performance standards, may be considered through site plan review.

12.

Temporary driveway permits. Temporary driveway permits are intended to allow existing driveways and new driveways, necessary to access sites remote from adjacent access, to remain in use until such time as the conditions specified on the permit are met.

a)

A temporary permit may be granted for:

i)

Existing driveways that access existing development or are necessary to service farm fields and are only used for that purpose. Existing driveways are legal nonconforming driveways and may exist without a temporary permit under the conditions specified in subsection 13, nonconforming driveways.

ii)

New driveways necessary to access new development where the new development is remote from adjacent drives that shared access is not feasible at the time of development.

b)

Conditions upon which the temporary permit will expire may include:

i)

Adjacent development within 15 feet of the site where the temporary driveway is located is planned. At this time, joint access provisions with the adjacent property owner must take place.

ii)

The use of the site for which the temporary permit was granted has ceased for six months or more or the use of the site or the driveway has changed such that the use of the driveway is increased to any degree.

13.

Nonconforming driveways.

a)

Driveways that do not conform to the regulations in this Ordinance and were constructed before the adoption of this Ordinance shall be considered legal nonconforming driveways.

Existing driveways granted a temporary permit are legal nonconforming driveways until such time as the temporary permit expires.

b)

Loss of legal nonconforming status results when a nonconforming driveway ceases to be used for its intended purpose, as shown on the approved site plan, for a period of six months or more. Any reuse of the driveway may only take place after the driveway conforms to all aspects of this Ordinance.

c)

Legal nonconforming driveways may remain in use until such time as the use of the driveway or property is changed or expanded in such a way that it impacts the use of the driveway. At that time, the driveway must be made to conform with all aspects of this Ordinance.

d)

Driveways that do not conform to the regulations in this Ordinance and have been constructed after adoption of this Ordinance shall be considered illegal nonconforming driveways.

e)

Illegal nonconformities must be cited as violations of this Ordinance, made to cease use of the driveway, and correct any nonconforming aspects of the driveway. Driveways constructed in illegal locations must be closed and all evidence of the driveway removed from the right-of-way and site on which it is located.

f)

Nothing in this Ordinance shall prohibit the repair, improvement, or modernization of lawful nonconforming driveways.

14.

Variances for driveway designs. The applicant may apply for a variance from the standard driveway designs, under the following conditions:

a)

When driveway volumes are expected to meet or exceed 1,000 vehicles per day.

b)

When expected turning ingress or egress movements meet or exceed 50 per hour during a typical weekday peak traffic period as determined by a traffic study or generally accepted trip generation table, approved by the planning commission, such as the Institute of Transpiration Engineers Trip General Manual.

c)

When in the judgment of the Saginaw County Road Commission or municipal traffic engineer, specific site conditions require alternative design treatments to provide for safe and efficient driveway operation.

d)

When a joint or coordinated access-parking system is being used. When two adjacent property owners agree to combine access points, the municipality may grant an incentive bonus. The total road frontage normally required will each be reduced by ten percent for both landowners. (Site circulation and safety standards will still be enforced.)

e)

When a permittee seeks a variance for an innovative method for access design or operations.

Variances should be granted only where practical difficulties require an innovative access design or dimensional change that is consistent with the intent of this Ordinance. Variances may not be granted for financial hardship or in any instance where the intent of this Ordinance can be met by abiding by the standards in this document.

The Saginaw Township Board of Appeals and one representative of the Saginaw County Road Commission shall hear and decide all requests for a variance, interpretation or administrative review of access control regulations.

15.

Sample driveway design allowed by variance.

Figure 5
Dual Service Drive

Figure 5 Dual Service Drive

Table 4
Design Standards
Dual Service Drive

The standard shall be used unless the zoning administrator in consultation with the Saginaw County Road Commission and Saginaw Township Planning Commission determines that another dimension within the range is more suitable for a particular site or special condition.

Figure 8
Continuous Right Lane

Continuous right lane

Single two-way commercial driveway on curbed road.

Single two-way commercial driveway on uncurbed road.

Divided commercial driveway.

Exit drive.

Entrance Drive.

Dual service driveways.

Figure 6
Sample Coordinated Access Parking System

Sample coordinated access parking system

Figure 7
Sample Service Drives
Design Standards Based Upon
Site Plan Review

[Not published—on file in the township offices]

Cross reference— Streets, sidewalks and other public places, ch. 58.

1.

Purpose, intent and application. The provisions of this Ordinance are intended to:

a)

Promote safe and efficient travel within the M-84 overlay district.

b)

Minimize disruptive and potentially hazardous traffic conflicts.

c)

Ensure safe access by emergency vehicles.

d)

Protect the substantial public investment in the road system by preserving capacity and avoiding the need for unnecessary and costly reconstruction which disrupts business and traffic flow.

e)

Separate traffic conflict areas by reducing the number of driveways.

f)

Provide safe spacing standards between driveways and between driveways and intersections.

g)

Provide for shared access between abutting properties.

h)

Implement the M-84 and M-58 corridor access management plans and map recommendations.

i)

Ensure reasonable access to properties, though not always by the most direct access.

j)

Coordinate access decisions with the Michigan Department of Transportation and/or the Bay and Saginaw County Road Commission, as applicable.

2.

Description of applicability. The provisions of this Ordinance apply to an area described as 660 feet east and west of the center line of M-84 between Weiss Street and 660 feet north and south of the center line of M-58 between M-47 and Passolt Road, in Saginaw Township, Saginaw County and M-13/Euclid Avenue in Monitor Township, Bay County. Single-family residential driveways are exempt from this Ordinance.

In instances where this Ordinance conflicts with the Tittabawassee Road Corridor Overlay Ordinance, the Tittabawassee Overlay Ordinance and any subsequent amendments shall take precedence.

Any development within the area described in this section that also requires a site plan review at the municipal level will be required to comply with the provisions of this Ordinance. In instances where the site plan review procedure or site plan review standards conflict with the local procedures or standards, this Ordinance shall prevail. Aspects of the site plan that are not addressed in this Ordinance shall be governed by the municipality's Ordinance where applicable.

3.

M-84 access management plan map and M-58 access management plan map. The M-84 and M-58 access management plan maps identify six and seven types of modifications, respectively, that will further the intent of this Ordinance. These modifications are listed both by number and color. Application of the regulations in this Ordinance are intended to achieve the mapped modifications at such time that a site is developed for the first time, redeveloped to the extent that a site plan is required, the owner chooses to make the modifications indicated, or the township causes the modification to take place to achieve necessary safety improvements. Driveways shown on the map without any modifications planned are permitted to exist as they are constructed and located.

The modifications listed are:

4.

Permanent access for undeveloped parcels or existing developments.

a)

Each parcel or lot having a single property tax number, as of the effective date of this Ordinance (hereafter referred to as "the parent parcel"), that shares a lot line for less than 450 feet with right-of-way within the corridor as defined in this plan, shall be entitled to one driveway or road access per parcel onto M-84 or M-58. Where a parcel is divided by M-84 or M-58, the portion of the parcel on each side of M-84 or M-58 shall be entitled to access according to the Ordinance.

i)

All subsequent land divisions of a parent parcel shall not increase the number of driveways or road accesses beyond those entitled to the parent parcel on the effective date of this Ordinance.

ii)

Parcels subsequently divided from the parent parcel, either by metes and bounds descriptions, or as a plat under the applicable provisions of the Land Division Act, Public Act 288 of 1967, as amended, or as a condominium project in accord with the Condominium Act, Public Act 59 of 1978, as amended, shall have access by another public road, an approved private road if the township permits, or by a service drive meeting the requirements of section 6 service drives, of this Ordinance.

iii)

If the parcel is a corner lot and a second driveway is warranted, the second driveway shall have access from the abutting street.

b)

All driveways or access points located on parcels greater than 450 feet shall be at least 450 feet from the nearest access point on the same or adjacent parcels. Residential and farm access driveways are exempt from this regulation.

c)

A second driveway may be permitted if a registered traffic engineer determines that topographic conditions on the site, curvature on the road, or sight distance limitations demonstrate a second driveway within a lesser distance is safer or the nature of the land use to be served requires a second driveway for safety. The affected agencies, including the local municipality, MDOT and SCRC or the BCRC, as applicable, must unanimously agree to such deviation.

d)

For parcels or lots abutting M-58, the provisions of this subsection 2501.4 may be superseded by the M-58 conceptual plan, if the planning commission determines that the conceptual plan's recommendations would better ensure the health, safety, welfare and aesthetics of the M-58 corridor.

5.

Application review, approval and coordination process.

a)

All standards of the Michigan Department of Transportation and the Saginaw County and Bay County Road Commissions, as applicable, shall be met prior to approval of an access application under this Article.

b)

Application, review and approval process applications for driveway or access approval related to M-84 shall be made on a form prescribed by and available at Saginaw Charter Township, Kochville Township, Frankenlust Township, and Monitor Township, the Saginaw County or Bay County Road Commission, and/or the Michigan Department of Transportation - Bay City Transportation Service Center. Application related to M-58 shall be made on a form prescribed by and available at Saginaw Charter Township, Saginaw County Road Commission, and/or the Michigan Department of Transportation - Bay City Transportation Service Center.

c)

Saginaw Charter Township, Kochville Township, Frankenlust Township, and Monitor Township, the Saginaw/Bay County Planning Department, and the Saginaw/Bay County Road Commission and the Michigan Department of Transportation shall meet at least twice each year, at the initiation of the MDOT, to ensure that there is appropriate coordination of the access management review process and outcomes.

i)

Applications shall be accompanied by clear, scaled drawings (minimum of 1"=20') in triplicate showing the following items:

a)

Location and size of all structures proposed on the site.

b)

Size and arrangement of parking stalls on aisles.

c)

Proposed plan of routing vehicles entering and leaving the site (if passenger vehicles are to be separated from delivery trucks indicate this on the drawing).

d)

Driveway placement.

e)

Property lines.

f)

Intersecting roads, streets and driveways within 300 feet either side of the property on both sides of the street.

g)

Width of road surface.

h)

Type of surface and dimensions of driveway.

i)

Proposed inside and outside turning radii.

j)

Show all existing and proposed landscaping, signs, and other structures or treatments within and adjacent to the right-of-way.

k)

Traffic analysis and trip generation survey results, obtained from a licensed traffic engineer for all developments with over 750 vehicle trips per day or one hundred 100 directional peak hour trips.

l)

Design dimensions and justification for any alternative or innovative access design.

m)

Dumpsters or other garbage containers.

n)

Existing and proposed utility box placement.

ii)

Applications are strongly encouraged to include the following sources for access designs, the National Access Management Manual, TRB, 2002 and the AASHTO Green Book. The following techniques are addressed in these guidebooks and are strongly encouraged to be used when designing access that includes:

a)

Not more than one driveway access per abutting road.

b)

Shared driveways.

c)

Service drives: front, rear and perpendicular.

d)

Parking lot connections with adjacent property(ies).

e)

Other appropriate designs to limit access points on an arterial or collector road.

iii)

Applications may be accompanied by an escrow fee for professional site plan and/or traffic analysis review to be determined by the township in which the project is located.

d)

Review and Approval Process. The following process shall be completed to obtain access approval:

i)

A site plan review access application meeting the requirements of section 5 shall be submitted to the zoning administrator, clerk or other township designee of the township. MDOT form 2205, Driveway Permit, shall be submitted concurrently to the MDOT- Bay City Transportation Service Center.

ii)

The completed application must be received by the township zoning administrator at least 30 days prior to the planning commission meeting where the application will be reviewed.

iii)

The township in which the application is being made shall forward a copy of the access management application and the site plan to MDOT and the appropriate county road commission. MDOT and the road commission shall provide written comment to the township and discuss any outstanding issues with the township with the intent of reaching consensus on a recommendation for the access management application and site plan.

In the event that consensus cannot be reached on access management issues, MDOT or the township shall call a meeting of the appropriate road agencies and municipal planning commission representatives prior to the planning commission meeting to review the document and reach consensus on the issue. Applications not forwarded to MDOT and the road commission shall not have completed the review process and may not be acted on by the township planning commission.

iv)

The planning commission may obtain professional consultation prior to making a decision on the application. Costs for such review shall be the responsibility of the applicant provided the applicant is made aware of the costs prior to the application being considered by the planning commission.

v)

The township planning commission in which the development is proposed shall review the application and make its determination regarding the driveway.

vi)

The zoning administrator shall keep a record of each application that has been submitted, including the written disposition of each application. MDOT shall provide the township with a copy of the written permit or any other disposition of the permit for the township's records. This record shall be a public record.

vii)

Written approval of an application remains valid for a period of one year from the date it was authorized. If authorized construction is not initiated by the end of one year, the authorization is automatically null and void, unless the township specifically extends the time period during which the application remains valid by planning commission action. Any additional approvals that have been granted by the planning commission or the zoning board of appeals, such as a special use permit or variance, also expire at the end of one year.

viii)

An approval may be extended for a period not to exceed six months. The extension must be requested, in writing, by the applicant before the expiration of the initial approval. The zoning administrator may approve extension of an authorization provided there are no deviations from the original approval present or planned, there are no violations of applicable ordinances and no development on abutting property has occurred with a driveway location that creates an unsafe condition. If there is any deviation or cause for question, the zoning administrator shall consult a representative of the Saginaw/Bay County Planning Commission staff, the Saginaw and/or Bay County Road Commission as applicable, and the Michigan Department of Transportation for input.

ix)

Re-issuance of an authorization that has expired requires a new access application form to be filled out and processed independently of any previous action.

x)

The applicant shall assume all responsibility for all maintenance of such driveway approaches from the right-of-way line to the edge of the traveled roadway.

xi)

Where authorization has been granted for entrances to a parking facility, said facility shall not be altered or the plan of operation changed until a revised access application has been submitted and approved as specified in this section.

xii)

Application to construct or reconstruct any driveway entrance and approach to a site requires a permit, but shall also address and achieve the reconstruction or closing of all nonconforming or unused entrances and approaches to the same site at the expense of the property owner.

xiii)

When a building permit is sought for the modification or reconstruction to the extent that a site plan is required in the municipality or by MDOT's requirements (R 247.214. Processing of permits), all of the existing, as well as proposed driveway approaches and parking facilities shall comply, or be brought into compliance, with all design standards as set forth in this Ordinance and the adopted M-84 or M-58 access management plan and map, as applicable, prior to the issuance of a zoning or occupancy certificate and pursuant to the procedures of this section.

xiv)

The Michigan Department of Transportation, as applicable, shall require a performance bond or cash deposit in any sum of a minimum of $10,000.00 for each such new or reconstructed approach or entrance to a commercial use, to ensure compliance with an approved application. Such performance bond shall terminate and the deposit be returned to the applicant when the term of approval have been met or when the authorization is cancelled or terminated. No performance bond is required for residential uses.

Review and Approval Process Flow Chart

6.

Service drives.

a)

The use of shared access, parking lot connections and service drives in conjunction with driveway spacing, is intended to preserve traffic flow along thoroughfares and minimize traffic conflict, while retaining reasonable access to the property. Where noted above, or where the planning commission determines that restricting new access points or reducing the number of existing access points may have a beneficial impact on traffic operations and safety while preserving the property owner's right to reasonable access, then access from a side street, a shared driveway, a parking lot connection, or service drive connection to the arterial or collector street may be required. However, where traffic safety would be improved, and the driveway spacing requirements of this Ordinance can be met, then direct connection to the arterial or collector street may be allowed in addition to a required service drive.

i)

In particular, shared access, service drives or at least a connection between abutting land uses may be required in the following cases:

a)

Where the driveway spacing standards of this section within this Ordinance cannot be met.

b)

Where recommended in the M-84 access management plan and map.

c)

When the driveway could potentially interfere with traffic operations at an existing or planned traffic signal location.

d)

The site is along a collector or arterial street with high traffic volume, or along segments experiencing congestion or a relatively high number of crashes.

e)

The property frontage has limited sight distance.

f)

The fire or emergency services department recommends a second means of emergency access.

ii)

In areas where frontage roads or rear service drives are recommended, but adjacent properties have not yet developed, the site shall be designed to accommodate a future road/facility designed according to the standards cited in this Ordinance. The planning commission may approve temporary access points where a continuous service drive is not yet available and a performance bond or escrow is accepted to assure elimination of temporary access when the service road is constructed. (See section 7.)

7.

Standards for construction. Notwithstanding the requirements of the municipality's land division ordinance, the standards for all service drives shall be as follows:

a)

Site plan review. The planning commission shall review and approve all service drives to ensure safe and adequate continuity of the service drive between contiguous parcels as part of the site plan review process.

b)

Front and rear service drives. A front or rear service drive may be established on property that abuts only one public road. The design of a service road shall conform with national design guidelines such as those identified in the National Access Management Manual by TRB, the ASSHTO Greenbook, and National Cooperative Highway Research Program (NCHRP), "Access Management Guidelines to Activity Centers" Report 348 and "Impacts of Access Management Techniques" Report 420.

c)

Location. Service roads shall generally be parallel to the front property line and may be located whether in front of, or behind, principal buildings and may be placed in required yards. In considering the most appropriate alignment for a service road, the planning commission shall consider the setbacks of existing and/or proposed buildings and anticipated traffic flow for the site.

d)

Width and construction. A service drive shall be within an access easement permitting traffic circulation between properties. The easement shall be recorded with the county register of deeds. This easement shall be at least 32 feet wide. A service drive shall have a minimum pavement width of 24 feet, measured face to face at the curb with an approach width of a minimum of 27 feet at the intersection. The service drive shall be constructed of a paved surface material that is resistant to erosion and shall meet the Saginaw/Bay County Road Commission standards for base and thickness of asphalt or concrete, unless the community has more restrictive standards.

e)

Snow storage and landscaping areas. A minimum of six feet of snow storage/landscaping area shall be reserved along both sides of the service drive.

f)

Stacking. A minimum of 60 feet of storage at the intersection for entering and existing vehicles as measured from the pavement edge must be provided for all frontage roads. At driveways where it can be demonstrated that traffic volumes will exceed 750 vehicles per day or 100 vehicles during the peak hour, a minimum of 80 feet of stacking space shall be required.

g)

Distance from intersection on service drives. Frontage roads and service drive intersections at the collector or arterial street shall be designed according to the same minimum standards as described for driveways.

h)

Driveway entrance. The planning commission shall approve the location of all access to the service drive, based on the driveway spacing standards referenced in this Ordinance. Access to the service drive shall be located so that there is no undue interference with the free movement of service drive and emergency vehicle traffic, where there is safe sight distance, and where there is a safe driveway grade as established by the MDOT and Saginaw/Bay County Road Commission.

i)

Driveway radii. All driveway radii shall be shall be concrete curbs and conform with the requirements of the MDOT Access Management Guidebook.

j)

Acceleration lanes and tapers. The design of the driveway, acceleration, deceleration or taper shall conform with the requirements of the MDOT Access Management Guidebook.

k)

Elevation. The elevation of a service drive shall be uniform or gently sloping between adjacent properties.

l)

Service drive maintenance. No service drive shall be established on existing public right-of-way. The service drive shall be a public street (if dedicated and accepted by the applicable road commission) or a private road if permitted, maintained by the adjoining property owners it serves who shall enter into a formal agreement for the joint maintenance of the service drive. The agreement shall also specify who is responsible for enforcing speed limits, parking and related vehicular activity on the service drive. This agreement shall be approved by the municipality's attorney and recorded with the register of deeds. If the service drive is a private road, the local government shall reserve the right to make repairs or improvements to the service drive and charge back the costs.

m)

Landscaping. Landscaping along the service drive shall conform to the requirements of the municipality's zoning ordinance. Installation and maintenance of landscaping shall be the responsibility of the developer or a property owners association.

n)

Parking areas. All separate parking areas (those that do not use joint parking cross access) shall have no more than one access point or driveway on the service drive.

o)

Parking. The service road is intended to be used exclusively for circulation, and not as parking, loading or unloading aisle. Parking shall be prohibited along two-way frontage roads and service drives that are constructed at the minimum width. One-way roads or two-way roads designed with additional width for parallel parking may be allowed if it can be demonstrated through traffic studies that on-street parking will not significantly affect the capacity, safety or operation of the frontage road or service drive. Perpendicular or angle parking along either side of a designated frontage road or service drive is prohibited. The planning commission may require the posting of "no parking" signs along the service road.

p)

Directional signs and pavement markings. Pavement markings may be required to help promote safety and efficient circulation. The property owner shall be required to maintain all pavement markings. All directional signs and pavement markings along the service drive shall conform with the current Michigan Manual of Uniform Traffic Control Devices.

q)

Assumed width of pre-existing service drives. Where a service drive in existence prior to the effective date of this provision has no recorded width, the width will be considered to be 26 feet for the purpose of establishing setbacks and will be measured an equal distance from the midpoint of the road surface.

r)

Alternate cross access. In the case of expansion, alteration to redesign of existing development where it can be demonstrated that preexisting conditions prohibit installation of a frontage road or service drive in accordance with these standards, the planning commission shall have the authority to allow and/or require alternate cross access between adjacent parking areas through the interconnection of main circulation aisles. Under these conditions, the aisles serving the parking stalls shall be aligned perpendicularly to the access aisle, with islands, curbing and signage to further delineate the edges of the route to be used by through traffic. (See the MDOT Access Management Guidebook for further detail and sample drawings.)

8.

Temporary access permits.

a)

A temporary access permit may be conditionally issued to a property included in this adopted corridor or access management plan that plans road improvements and installation of service drives and shared driveways that would eliminate the need for the temporary driveway.

b)

A temporary access permit shall be reviewed using the temporary permit form during the site plan review process. Failure to use this form and supply the justification for a temporary permit according to the provisions of the form prohibit a temporary access point on the site. A copy of this completed form shall be kept on file with the approved site plan at the township and recorded with the deed to the property for which it applies. This form is included as an appendix to this Ordinance.

c)

Conditions may be included in the temporary access permit including but not limited to, a limitation on development intensity on the site until adjoining parcels develop which can provide a shared driveway, shared access via a service drive, and/or cross parking lot connection consistent with the requirements of section 6.

d)

A site plan for property that cannot meet the access requirements of section 6 and has no alternative means of reasonable access to the public road system may be issued a temporary access permit. When adjoining parcels develop which can provide a shared driveway, shared access via a service drive or a cross parking lot connection, the temporary access permit shall be rescinded and an application for an access permit consistent with the requirements of section 5 and 6 shall be required.

e)

The municipality and the Michigan Department of Transportation, as applicable, may require a performance bond or cash deposit in any sum of a minimum of $10,000.00 for each temporarily permitted driveway to insure compliance with removal of the driveway at such time as the permit stipulates. Such performance bond shall terminate and deposit be returned to the applicant when the term of approval have been met or when the authorization is cancelled or terminated.

9.

Nonconforming driveways.

a)

Driveways that do not conform to the regulations in this Ordinance and were constructed before the effective date of this Ordinance and existing driveways granted a temporary access permit, shall be considered legal nonconforming driveways.

b)

Loss of legal nonconforming status results when a change to the site or use requires a new site plan, according to the township zoning ordinance. Any reuse of the driveway may only take place after the driveway conforms to all aspects of this Ordinance.

c)

When the owner of a property with an existing nonconforming driveway or driveways applies for a permit to upgrade the property, the planning commission will determine whether it is necessary and appropriate to retrofit the existing driveway or driveways. If the developer is proposing a change in use of the driveway the nonconforming status is no longer valid and a permit for the driveway is required from the Michigan Department of Transportation or the road commission as applicable according to the standards of this Ordinance.

i)

The property owner may be required to establish a retrofit plan. The objectives of the retrofit plan will be to minimize the traffic and safety impacts of development by bringing the number, spacing, location, and design of driveways into conformance with the standards and requirements of this Ordinance to the extent possible without imposing unnecessary hardship on the property owner. The retrofit plan may include:

a)

Elimination of driveways.

b)

Realignment or relocation of driveways.

c)

Provision of shared driveways and/or cross parking lot connection.

d)

Access by means of a service drive.

e)

Restriction of vehicle movements (e.g. elimination of left-turns in and out).

f)

Relocation of parking.

g)

Traffic demand management (e.g. a reduction in peak hour trips).

h)

Signalization based on warrants.

i)

Such other changes as may enhance traffic safety.

ii)

The requirements of the retrofit plan shall be incorporated as conditions to the permit for the change or upgrade of use and the property owner shall be responsible for the retrofit.

d)

Driveways that do not conform to the regulations in this Ordinance and have been constructed after adoption of this Ordinance, shall be considered illegal nonconforming driveways.

e)

Illegal nonconforming driveways are a violation of this Ordinance. The property owner shall have 30 days in which to correct the violation. The property owner shall be issued a violation notice which may include closing off the driveway until any nonconforming aspects of the driveway are corrected. Driveways constructed in illegal locations shall be immediately closed upon detection and all evidence of the driveway removed from the right-of-way and site on which it is located. The costs of such removal shall be borne by the property owner.

f)

Nothing in this Ordinance shall prohibit the repair, improvement, or modernization of lawful nonconforming driveways, provided it is done consistent with the requirements of this Ordinance.

10.

Variances.

Variance standards: The following standards shall apply when the board of appeals considers a request for a variance from the standards of this Article.

a)

The granting of a variance shall not be considered until a temporary access permit under section 7 has been considered and rejected.

b)

Applicants for a variance must provide proof of practical difficulties unique to the parcel (such as wetlands, steep slopes, an odd parcel shape or narrow frontage, or location relative to other buildings, driveways or an intersection or interchange) that make strict application of the provisions of this Ordinance impractical. This shall include proof that:

i)

Indirect or restricted access cannot be obtained; and,

ii)

No reasonable engineering or construction solution can be applied to mitigate the condition; and,

iii)

No reasonable alternative access is available from a road with a lower functional classification than the primary road; and,

iv)

Without the variance, there is no reasonable access to the site.

c)

The board of appeals shall make a finding that the applicant for a variance met their burden of proof under b)ii) above, that a variance is consistent with the intent and purpose of this Ordinance, and is the minimum necessary to provide reasonable access.

d)

Under no circumstances shall a variance be granted unless not granting the variance would deny reasonable access, endanger public health, welfare or safety, or cause an unnecessary hardship on the applicant. No variance shall be granted where such hardship is self-created.

(Ord. No. 670, 6-28-2004; Ord. No. 695, 1-22-2007)