Except where herein otherwise stated, the township shall enforce the provisions of this chapter.

(Ord. No. 26, § 18.00, 9-13-1990)

(a)

The building official shall have the power to grant building and occupancy permits, to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. It shall be unlawful for the building official to approve any plans or issue any permits or certificates of occupancy for any excavation or construction until he has inspected such plans in detail and found them to conform with this chapter.

(b)

The building official shall record all nonconforming uses existing at the effective date of the ordinance from which this chapter is derived for the purpose of carrying out the provisions of section 40-931.

(c)

Under no circumstances is the building official permitted to:

(1)

Make changes to this chapter; or

(2)

Vary any terms of this chapter in carrying out his duties as a building official.

(d)

The building official shall not refuse to issue a permit, when conditions imposed by this chapter are in compliance by the applicant, despite violations of contracts, such as covenants or private agreements which may occur upon the granting of said permit.

(Ord. No. 26, § 18.01, 9-13-1990)

The building official shall require that all applications for building permits shall be accompanied by plans and specifications including a site plan in triplicate, drawn to scale, showing the following:

(1)

The actual shape, location and dimensions of the lot.

(2)

The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot.

(3)

The existing and intended use of the lot and of all such structures upon it, including, in residential areas, the number of dwelling units the building is intended to accommodate.

(4)

Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter are being observed.

(Ord. No. 26, § 18.02, 9-13-1990)

State Law reference— Submission and approval of site plan, MCL 125.3501.

The following shall apply in the issuance of any permit:

(1)

Not to be issued for nonconformity. No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof, or for the use of any land, which is not in accordance with all provisions of this chapter.

(2)

For new use of land. No land heretofore vacant shall hereafter be used, or an existing use of land is hereafter changed to a different class or type, unless a certificate of occupancy is first obtained for the new or different use.

(3)

For new use of buildings. No building or structure, or part thereof, shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

(4)

Required. No building or structure, or part thereof, shall be hereafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work. The terms "altered and repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy, light or ventilation, means of egress and ingress, or other changes affecting or regulated by the state construction code, or by this chapter, except for minor repairs or changes not involving any of the aforesaid features.

(Ord. No. 26, § 18.03, 9-13-1990)

No land, building, or part thereof, shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use. The following shall apply in the issuance of any certificate:

(1)

Not to be issued for noncompliance. No certificates of occupancy shall be issued for any building, structure, or part thereof, or for the use of any land, which is not in accordance with all of the provisions of this chapter.

(2)

Required. No building or structure, or parts thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be done, unless and until a certificate of occupancy shall have been issued for such building or structure.

(3)

Including zoning. Certificates of occupancy as required by the state construction code for new buildings or structures, or part thereof, or for alterations to or changes of use of existing buildings or structures, shall also constitute certificates of occupancy as required by this chapter.

(4)

For existing buildings. Certificates of occupancy shall be issued for existing buildings, structures, or part thereof, or existing uses of land, if, after inspection, it is found that such buildings, structures, or parts thereof, or such use of land are in conformity with the provisions of this chapter.

(5)

Records. A record of all certificates issued shall be kept on file in the office of the building official, and copies shall be furnished upon request to any person having proprietary or tenancy interest in the property involved.

(6)

For dwelling accessory buildings. Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwelling.

(7)

Application. Application for certificates of occupancy shall be made in writing to the building official on forms furnished by that department, and such certificates shall be issued within five days after receipt of such application if it is found that the building or structures, or part thereof, or the use of land is in accordance with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and cause thereof, within the aforesaid five-day period.

(Ord. No. 26, § 18.04, 9-13-1990)

Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter may be collected by the township in advance of issuance. The amount of such fees shall be as currently established or as hereafter adopted by resolution of the township board from time to time and shall cover the cost of inspection and supervision resulting from enforcement of this chapter.

(Ord. No. 26, § 18.06, 9-13-1990)

(a)

Purpose and intent. In the interest of ensuring compliance with this chapter and protecting the natural resources and the health, safety and welfare of the residents of the township and future users or inhabitants of an area for which a site plan for a proposed use has been submitted, the township may require the applicant to deposit a performance guarantee set forth as follows to ensure completion of improvements associated with the proposed use, improvements meaning those features and actions considered necessary by the township to ensure the compliance and protections outlined herein, including, but not limited to, roadways, lighting, utilities, sidewalks, drainage, fences, walls, screening, landscaping, off-street parking lots, off-street loading spaces and acceleration, deceleration and passing lanes and approaches and master deed, by laws, easements or other legal documents.

(b)

Requirements.

(1)

A performance guarantee shall be provided for all required improvements for proposed uses and structures where a site plan is required pursuant to section 40-136. The township supervisor or designee shall determine the required improvements and the specific amount of the performance guarantee. The performance guarantee shall be a cash deposit, certified check or irrevocable bank letter of credit in an amount equal the cost of the required improvements based upon an estimate submitted by the applicant and verified by the township.

a.

The estimate shall be in an amount equal to the actual cost of the required improvements plus 15 percent of those actual costs, representing the administrative costs and expenses to the township in the event the performance guarantee must be used to complete the improvement.

b.

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

c.

If the performance guarantee is an irrevocable bank letter of credit, it shall not be accepted by the township unless any expiration date of said letter is at least 60 days later than the date by which the improvements are to be completed.

(2)

A written agreement between the applicant and the township shall be required specifying in detail the nature of the required improvements, the time in which these improvements are to be completed, provisions for verifying and inspecting the construction of such improvements to determine their conformity to the approved plans and specifications, and the nature of the financial guarantee of performance which is to be provided for each improvement.

(c)

Procedure.

(1)

The performance guarantee agreement shall be executed with the township and the financial instruments shall be deposited with the township clerk prior to the issuance of a building and/or other permits by the township for the development and use of the land.

(2)

Upon receipt of the performance guarantee and executed agreement, the township shall issue the appropriate building and/or other permits and the township shall thereafter deposit the performance guarantee, if in the form of a cash deposit or certified check.

(3)

The performance guarantee agreement may provide for progressive draws from the applicable financial instruments upon certification by the township engineer that the specific required improvement has been satisfactorily completed/installed. At least 15 percent of the deposited funds shall be retained until 100 percent of the required improvements are completed as confirmed by the township, and the township is in receipt of sworn statements, waivers of lien, or other satisfactory documentation demonstrating that all sub-contractors and material suppliers have been paid in full.

(4)

In the event the applicant defaults in making the improvements for which the performance guarantee was required within the time period established, the township shall have the right to use the performance guarantee deposited to complete the improvements through contract or otherwise, including specifically the right to enter upon the subject property to make the improvements.

(5)

In the event the applicant defaults in making the improvements and the performance guarantee is not sufficient to allow the township to complete the improvements for which it was posted, the applicant shall be required to pay to the township the amounts by which the costs of completing the improvements exceeds the amount of the performance guarantee deposited.

(6)

In the event the applicant defaults in making the improvements and the township uses the performance guarantee or a portion thereof to complete the required improvements, any amounts remaining after said completion shall be applied first to the township's administrative costs in completing the improvements with any balance remaining being refunded to the applicant.

(7)

The township shall be authorized to employ the township engineer and/or other township consultants to review cost estimates, conduct periodic inspection of the progress of improvements, review completion for partial rebates or other assistance to the township.

(Ord. No. 26, § 18.09, 9-13-1990; Ord. No. 2013(3), § 1, 3-14-2013; Ord. No. 2018(7), § 1, 9-13-2018)

State Law reference— Performance guarantee, MCL 125.3505.

(a)

The zoning administrator shall be responsible to administer the provisions of this chapter and to do so, shall have the following duties and powers:

(1)

Coordinate the township's review of all applications for site plans, special land uses, planned unit developments, site condominiums, administrative review, all applications to the zoning board of appeals, and any other applications authorized by this chapter;

(2)

Provide information, and administrative support relating to building and zoning issues to the planning commission, zoning board of appeals, site plan committee, and any other board or committee authorized by this chapter;

(3)

Supervise township staff in performing tasks related to the administration of this chapter;

(4)

Coordinate and monitor activities of township consultants and inspectors related to the administration and enforcement of this chapter;

(5)

Explain, interpret, and provide guidance regarding applicable building and zoning regulations to architects, engineers, contractors, developers, property owners, the public, planning commission, zoning board of appeals, site plan committee, and any other board or committee authorized by this chapter, however, any interpretation must be consistent with section 40-3 and the legislative intent and purpose of this section, as can be determined;

(6)

Request interpretations from the zoning board of appeals; and

(7)

Any other duties as assigned by the township board.

(b)

Under no circumstances is the zoning administrator permitted to

(1)

Make any changes to this chapter; or

(2)

Vary any of the terms and provisions of this chapter.

(Ord. No. 2019(7), § 3, 6-13-2019)

(a)

Creation. There is hereby established a zoning board of appeals, hereinafter called the board, which shall perform its duties and exercise its powers as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and in such a way that the objectives of this chapter shall be observed, the public safety and welfare secured, and substantial justice done.

(b)

Membership. The board shall consist of five members, appointed by the township board.

(1)

The first member shall be a member of the township planning commission.

(2)

The second member may be a member of the township board.

(3)

The remaining members shall be selected from among the electors residing in the unincorporated area of the township.

(4)

An employee or contractor of the township board shall not serve as a member of the board.

(5)

The terms of membership for board members shall be three years, except for members serving because of their membership on the planning commission or township board, whose terms shall be limited to the time they are members of the planning commission or township board, respectively, or the period stated in the resolution appointing them.

(6)

Successors in office 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 by appointment of the township board for the remainder of such term.

(7)

An elected officer of the township shall not serve as chairperson of the zoning board of appeals.

(8)

The township board may additionally appoint not more than two alternate members for the same term as regular members of the zoning board of appeals. An alternate member may be called to serve on 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 in the place of a regular member for the purpose of reaching a decision on a case in which the regular 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.

(9)

Members of the zoning board of appeals shall be removable by the township board for nonperformance of duty or misconduct in office upon written charges and after public hearing.

(Ord. No. 26, § 19.00, 9-13-1990; Ord. of 12-11-2008(2), § 1(16))

(a)

Generally. The zoning board of appeals has the power to act on matters as provided in this chapter and Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The board shall not have the power to alter or change zoning district boundaries, land use classifications of any property, or zoning ordinance text from which this chapter is derived. The specific powers of the board are as enumerated in this article.

(b)

Administrative review. The board shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the building official or other duly authorized enforcing agent, in enforcing any provision of this chapter.

(c)

Requests for interpretation, record.

(1)

The board shall hear and decide requests for interpretation of this chapter or the zoning map taking into consideration the intent and purpose of the chapter and the township master plan.

(2)

A record shall be kept by the board of all decisions for interpretation of this chapter or the zoning map and land uses which are approved under the terms of this section. The board shall request the planning commission and township board to review any ordinance amendment it deems necessary.

(d)

Variances.

(1)

The board shall have the power to hear and decide specific appeals and authorize such variances from the provisions of this chapter which will not be contrary to the public interest. A variance may be granted by the board where, due to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulty. A variance shall not be granted by the board unless all of the following conditions are met:

a.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

b.

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter.

c.

The special conditions and circumstances referenced in subsection (d)(1)a of this section do not result from the actions of the applicant.

d.

The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

e.

The granting of the variance will be in harmony with the general purpose and intent of this chapter and master plan, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(2)

In granting any variance, the zoning board of appeals may prescribe appropriate conditions and safeguards pursuant to section 40-65(g).

(Ord. No. 26, § 19.01, 9-13-1990; Ord. of 12-11-2008(2), § 1(16, 17); Ord. No. 2023(3), § 1, 8-10-2023)

(a)

All meetings of the zoning board of appeals shall be held at the call of the chairperson and at such time and place as the board shall determine. All meetings of the board shall be open to the public. The board shall keep a record of its proceedings showing the vote of each member upon each motion or appeal, or if absent, or failing to vote, indicating such fact; and shall also keep records of its hearings and other official action. The record shall be filed in the office of the township clerk and shall be a public record. The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony and the production of books, papers, files, and other evidence pertinent to the matters before it.

(b)

The total amount allowed the board in any one-year period as per diem or as expenses actually incurred shall not exceed a reasonable sum, appropriated annually in advance by the township board.

(c)

The board shall elect its officers and prescribe the duties thereof.

(Ord. No. 26, § 19.02, 9-13-1990; Ord. of 12-11-2008(2), § 1(16))

(a)

An applicant requesting any action by the zoning board of appeals shall commence such request by filing a notice of appeal, on the form supplied by the township, accompanied by such appeal fee as determined by the township board, and all plans, studies and any other information and data as applicable, all of which shall be made a part of the record.

(b)

Every appeal from a determination of the building official or other duly authorized enforcing agent pursuant to section 40-63(a) shall be made by the applicant within 30 days of the date of the order issuance or refusal to issue permit, requirement, or refusal.

(c)

The board shall fix a time for a hearing on the appeal, and shall notify the parties of the time and place of such hearing. Notice of all public hearings conducted by the board shall be given as set forth in Public Act No. 110 of 2006 (MCL 125.3101 et seq.). Upon receipt of a written request seeking an interpretation of this zoning chapter or an appeal of an administrative decision, a notice stating the time, date, and place of the public hearing shall be published in a newspaper of general circulation within the township and shall be sent to the person requesting the interpretation not less than 15 days before the public hearing. In addition, if the request for an interpretation or appeal of an administrative decision involves a specific parcel, written notice stating the nature of the interpretation request and the time, date, and place of the public hearing on the interpretation request shall be sent by first class mail or personal delivery to all persons to whom real property is assessed within 300 feet of the boundary of the property in question. If a tenant's name is not known, the term "occupant" may be used.

(d)

Any person may appear in person at the public hearing, or be represented by an agent or attorney, and present any evidence in support of their appeal.

(e)

The board shall not decide an appeal until after a public hearing. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building official or other duly authorized enforcing agent, or to decide in favor of the applicant any matter upon which they are required to pass under this chapter, or to effect any variance from the terms of this chapter. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member to disqualify himself from a vote in which he has a conflict of interest shall constitute misconduct in office.

(f)

The board may reverse, affirm, vary, or modify, any order, requirement, or determination, as to which it has the power to consider, and have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.

(g)

The board may impose conditions with any decision. Such conditions imposed shall meet all of the following requirements:

(1)

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

(2)

Be related to the valid exercise of the police power, and purposes which are affected by the proposed use or activity.

(3)

Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards.

Violations of any of these conditions shall be deemed a violation of this chapter, enforceable as such, and/or may be grounds for revocation or reversal of such decision.

(h)

All decisions of the board shall be in writing and so far as it is practicable, in the form of a general statement or resolution reciting the conditions, facts, and findings of the board. The applicant shall be advised of the decision after the public hearing unless the board moves for a continuation of such hearing.

(i)

Any decision of the board favorable to the applicant shall remain valid only as long as the information or data relating thereto are found to be correct, and the conditions upon which the decision was based are maintained.

(j)

The board may reconsider an earlier decision, if, in the opinion of the board, circumstances justify taking such action.

(k)

No order of the zoning board of appeals permitting the erection or alteration of a building shall be valid for a period of longer than one year, unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. No order of the zoning board of appeals permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(l)

Any party aggrieved by any decision of the zoning board of appeals may appeal the decision to the county circuit court in the manner provided by laws of the state, provided such appeal is filed with the court within 30 days of the date of the zoning board of appeals certifies its decision in writing or approved the minutes for the meeting at which the decision was made. An appeal may be had from the decision of the county circuit court to the state court of appeals. Any party aggrieved by an order, determination, or decision of any officer, agency, board, commission, zoning board of appeals, or legislative body of any local unit of government made pursuant to section 40-931 may obtain a review in the county circuit court.

(Ord. No. 26, § 19.03, 9-13-1990; Ord. of 12-11-2008(2), § 1(18(19.07)))

The township planning commission is designated as the planning commission specified in section 301 of Public Act No. 110 of 2006 (MCL 125.3301), which enables and governs the activities and procedures under this chapter.

(Ord. of 12-11-2008(2), § 1(19(19.03)))

The planning commission shall have such powers, duties and responsibilities as are expressly provided for in this chapter, the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and the Michigan Planning Enabling Act, Public Act No. 33 of 2008 (MCL 125.3801 et seq.).

(Ord. of 12-11-2008(2), § 1(19(19.04)))

The planning commission shall conduct business, organize meetings, and perform its duties as provided for in this chapter, the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), the Michigan Planning Enabling Act, Public Act No. 33 of 2008 (MCL 125.3801 et seq.), and the adopted township planning commission bylaws.

(Ord. of 12-11-2008(2), § 1(19(19.05)))

The planning commission shall discharge the following duties pursuant to this chapter:

(1)

Responsibilities as to zoning chapter.

a.

The planning commission shall perform the zoning duties of said commission as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and this chapter.

b.

The planning commission shall be responsible for formulation of the zoning chapter, review of amendments to the zoning chapter, holding hearings on a proposed zoning ordinance or amendments thereto, and reporting its findings and recommendations concerning this zoning chapter or amendments to the township board.

(2)

Site plan review. The planning commission shall be responsible for reviewing site plans and site plan amendments, and making determinations to approve, approve subject to conditions, or deny applications for site plan approval in accordance with section 40-136 (site plan review).

(3)

Special land use review. The planning commission shall be responsible for holding hearings, reviewing, and making determinations to approve, approve subject to conditions, or deny applications for special land uses (and amendments to special land uses) in accordance with section 40-145 (special land uses).

(4)

Site condominium plan review. The planning commission shall be responsible for reviewing site condominium plans and site condominium plan amendments, and making determinations to approve, approve subject to conditions, or deny applications for site condominium plan approval in accordance with section 40-593 (site condominium project regulations).

(5)

Planned unit development review. The planning commission shall be responsible for holding hearings and reviewing all applications for planned unit development approval in accordance with section 40-516 (planned unit development). The planning commission shall be responsible for making a recommendation to the township board to grant approval, approval with conditions, or denial of a proposed planned unit development and any amendments to a planned unit development.

(6)

Other duties and responsibilities. The following shall be the other duties and responsibilities for the planning commission:

a.

To submit an annual written report to the township board concerning its operations and the status of planning activities, including recommendations regarding actions by the legislative body related to planning and development.

b.

To prepare a capital improvement plan.

c.

To take such action on petitions, staff proposals and township board requests for amendments to the master land use plan.

d.

To review subdivision and condominium proposals and recommend appropriate actions to the township board.

e.

Be responsible for the review of any other matters relating to land development referred to the commission by the township board. The planning commission shall recommend appropriate regulations and action on such matters.

(Ord. of 12-11-2008(2), § 1(19(19.06)))

For the purpose of establishing and maintaining sound, stable, and desirable development within the territorial limits of the township, this chapter shall not be amended except to correct an error in the chapter or, because of changed or changing conditions in a particular area or in the township generally to rezone an area, extend the boundary of an existing district or to change the regulations and restrictions thereof.

(Ord. No. 26, § 20.00, 9-13-1990)

(a)

The township board, from time to time, may determine that changes in the text of this chapter or changes in the zoning map may be necessary, such text and/or map changes only to be made after such change is to be considered by the planning commission. Said planning commission shall study and report its findings to the township board utilizing the procedures set forth in the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(b)

Any amendatory petition shall be filed by the owner of real property within the township, said application petition being accompanied by a fee to be set by the township board. Petitions for amendments to the text of this chapter and/or the zoning map shall be filed with the township clerk and the fee paid to the township treasurer. The petition and supporting documentation shall be then transmitted by the township clerk to the chairperson of the planning commission for study and recommendation prior to a determination by the township board.

(c)

If the nature of the proposed amendment is to rezone an individual property or several adjacent properties, then notice shall be provided as set forth in section 103 of Public Act No. 110 of 2006 (MCL 125.3103), with the exception that, if 11 or more adjacent properties are proposed for rezoning, then notice is not required to be mailed to the owners of those properties or to the owners or occupants of property within 300 feet of the properties, nor is it necessary for the notice to list the addresses of the individual properties.

(Ord. No. 26, § 20.01, 9-13-1990)

(a)

Intent and purpose. It is the intent of this section to provide a process consistent with the provisions of section 405 of the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3405), by which an owner seeking a rezoning may voluntarily propose conditions regarding the use and/or development of land as part of the rezoning request.

(b)

An owner of land may voluntarily offer in writing conditions relating to the use and/or development of land for which a rezoning is requested. This offer can be made either at the time the application for the rezoning is filed or at any later time during the rezoning process.

(c)

A conditional rezoning request shall be processed in the same manner as that required for a rezoning by the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) and this chapter, except as modified by the requirements of this section.

(d)

The owner's offer of conditions shall be subject to the following:

(1)

The offer may not purport to authorize uses or developments not permitted under the requested new zoning classification.

(2)

Any use or development proposed as part of the offer that would require a special land use permit under the terms of this chapter may only be commenced if a special land use permit for such a use or development is ultimately granted in accordance with the provisions of this chapter.

(3)

Any use or development proposed as part of the offer that would require a variance under the terms of this section may only be commenced if a variance for such a use or development is ultimately granted in accordance with the provisions of this section.

(4)

Any use or development proposed as part of the offer that would require site plan approval under the terms of this chapter may only be commenced if site plan approval for such a use or development is ultimately granted in accordance with the provisions of this section.

(e)

In addition to any other informational requirements required for a rezoning by this section, the applicant shall provide the following information:

(1)

The offer shall be in writing and provide the specific conditions to be considered by the township as part of the rezoning request.

(2)

The township may require, as part of a conditional rezoning request, a site plan or other additional information as the township requires to properly consider the request.

(f)

The township board shall consider the requested rezoning as otherwise required by this section and the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.), and may approve or deny the conditional rezoning request. If the conditional zoning request is received after the planning commission has conducted a public hearing on the rezoning, the township board may request a recommendation from the planning commission regarding the request.

(g)

If the township board finds the rezoning request and offer of conditions acceptable, the offered conditions shall be incorporated into a formal written statement of conditions, acceptable to the owner and conforming in form to the provisions of this section. The statement of the conditions shall be incorporated by attachment and/or otherwise as an inseparable part of the ordinance amendment adopted by the township board to accomplish the rezoning. The statement of conditions shall:

(1)

Be prepared by the township attorney.

(2)

Be in a form recordable with the register of deeds for the county or, in the alternative, be accompanied by a recordable affidavit or memorandum prepared by the township attorney and signed by the property owner, giving notice of the statement of conditions.

(3)

Contain a legal description of the land to which it pertains.

(4)

Contain a statement acknowledging that the statement of conditions runs with the land and is binding upon successor owners of the land and others with an interest in the land.

(5)

Incorporate by attachment or reference any diagram, plans or other documents submitted or approved by the owner that are necessary to illustrate the implementation of the statement of conditions.

(6)

Contain a statement acknowledging that the statement of conditions, or an affidavit or memorandum giving notice thereof, shall be recorded by the township with the county register of deeds.

(7)

Contain the notarized signatures of all the owners of the subject property, preceded by a statement attesting to the fact that they voluntarily offered consent to the provisions contained within the statement of conditions.

(8)

The statement of conditions or affidavit or memorandum giving notice thereof shall be filed with the county register of deeds. The township board shall have authority to waive this requirement if it determines that, given the nature of the conditions and/or time frame within which the conditions are to be satisfied, the recording of such a document would be of no material benefit to the township or any subsequent owner of the land.

(h)

Upon the effectiveness of the amendment effectuating the rezoning, the use of the land so rezoned shall conform thereafter to all the requirements regarding use and development within the new zoning district, as modified by any of the provisions of the statement of conditions.

(i)

Any failure to comply with a condition contained within the statement of conditions shall constitute a violation of this chapter.

(j)

The township may establish a time period during which the conditions contained within the statement of conditions must be met. If the conditions are not satisfied within the time specified under this section, the property shall revert to its former zoning classification as provided by the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.). The reversion process shall be initiated by the township board and shall follow the same process as otherwise required by this chapter and the Michigan Zoning Enabling Act, Public Act No. 110 of 2006 (MCL 125.3101 et seq.) for a rezoning of property. The time limits specified and approved by the township may be extended upon the application of the owner and approval by the township board.

(k)

Nothing in the statement of conditions nor in the provision to this section shall be deemed to prohibit the township from rezoning all or any portion of the land that is subject to a statement of conditions to another rezoning classification.

(Ord. of 6-12-2008, § 1(2))

State Law reference— Use and development of land as condition to rezoning, MCL 125.3405.

Any building or structure which is erected, altered or converted, or any use carried on in violation of any of the provisions of this chapter or in violation of any regulations made under the authority of Public Act No. 110 of 2006 (MCL 125.3101 et seq.), are hereby declared to be a public nuisance per se and shall be abated by order of a court of competent jurisdiction.

(Ord. No. 26, § 23.01, 9-13-1990)

State Law reference— Certain violations as nuisance per se, MCL 125.3407.

A violation of this chapter shall be deemed to be a municipal civil infraction.

(Ord. No. 26, § 23.02, 9-13-1990)

(a)

Intent. The intent of this section is to provide for consultation and cooperation between the developer and the township so as to realize maximum utilization of land and minimum adverse effects upon the surrounding land uses. Through application of these provisions, compliance with the master plan of the township will be ensured, and the township will develop in an orderly fashion consistent with its health, safety and welfare.

(b)

Required review, approval, and exceptions.

(1)

Existing uses and structures. Site plan review and approval is required for an alteration to existing uses or structures, where an alteration to the existing use or structure would result in one of the following:

a.

An increase or reduction of the floor area of a structure or land area occupied by the use.

b.

A change of use, even if the change of use is permitted in the subject zoning district.

(2)

Proposed uses and structures. Site plan review and approval is required for all proposed uses and structures within the township.

(3)

Exemptions. The following shall be exempt from the requirements of this section.

a.

Individual single family dwellings and other structures that are accessory to individual single family dwellings.

b.

Farm buildings and structures where they conform to and are regulated by an applicable Generally Accepted Agricultural Management Practice (GAAMP) as adopted and published by the Michigan commission of agriculture. Further, such buildings and structures shall be exempt from the site plan approval process only as to those details, regulations and requirements which are specifically delineated and set forth in the applicable GAAMP.

(c)

Commencement of development and conformity with site plan.

(1)

No grading, removal of trees or other vegetation, land filling, or construction of improvements shall commence for any development which requires site plan approval, until a site plan is approved in accordance with this section.

(2)

All development and construction shall be in complete conformity with the site plan as approved. A building permit may be issued after satisfying all of the following:

a.

Approved application and final site plan is filed with the building department.

b.

Any and all conditions of said approval are met.

c.

Performance guarantee, where required, is executed with the township and funds or letter of credit are deposited with the township in conformance with section 40-35 of this chapter.

(d)

Expiration and amendments to approved final site plan.

(1)

Final site plan approval is valid for a period of 18 months from the date of township planning commission approval (or township board approval when required) within which time final engineering review shall take place and all necessary building or construction permits shall be secured and construction commenced. The township supervisor or his designee may grant extensions of final site plan approval upon good cause shown. The township supervisor or his designee has the discretion to request the planning commission or the township board, in the case of applications and site plans requiring township board review, to review the request for a site plan extension. The township supervisor or his designee shall provide a report to the planning commission on each site plan approval extension including the rationale for granting the extension. No single extension shall be granted for a period of more than one year, and multiple extensions are allowed. All requests for extensions shall be made in writing and include a statement of why the extension is necessary and confirmation of the ability to complete construction in conformity with the final site plan as approved.

(2)

Amendments to an approved site plan shall be processed as follows:

a.

Changes to an approved site plan shall require an amendment to the site plan approval, which amendment shall follow all procedural steps required for an original site plan, except as allowed in this subsection.

b.

An applicant may request administrative approval of a minor change to the approved site plan as outlined below. For such a request, the applicant shall submit an application to the township for such approval.

(e)

Type of review required. When required, site plan review shall follow one of the review procedures provided below.

(1)

Administrative review. Site plans may be reviewed and approved by a site plan committee without action by the planning commission or township board, pursuant to subsection 40-136(h)(1), when the site plan is in compliance with all ordinance requirements and any conditions of approval, and when one or more of the following circumstances are found:

a.

Expansion or reduction to an existing or proposed structure or use of 3,000 square feet or less or 15 percent of the floor area of the structure, whichever is less.

b.

Provision for additional or reductions in parking or loading/unloading spaces proposed to bring the site toward conformance with current parking and loading/unloading requirements.

c.

Site (grade) elevations and stormwater management requirements may be altered so long as the overall drainage is not affected.

d.

Improvements to site access or circulation such as, without limitation, inclusion of pedestrian or bicycle paths, curbing, acceleration, or deceleration lanes.

e.

Modifications to existing and/or approved landscaping or screening, provided that the modified landscaping and/or screening meets the applicable standards of this section and any conditions of approval.

f.

New signage, or modifications to location and/or substitution of materials for signage, taking into consideration any adverse effect on traffic safety.

g.

Other items deemed minor or consistent with the intent of this section, as determined by the site plan committee.

(2)

The committee shall follow this process in considering any request for a minor site plan amendment:

a.

The zoning administrator or site plan committee is authorized to employ the township planner, township engineer, or township attorney, or other experts to assist in review of special land use amendments under this section.

b.

Review and actions. The committee shall review the proposed amendment and shall be entitled to make reasonable inquiries of and receive answers from the applicant. One of the following actions shall be taken by a majority vote of the committee after review of the plan:

1.

Upon finding that the application and proposed amendment meet the criteria of this section and other applicable ordinances, policies or standards, the committee shall approve the amendment.

2.

Approval with minor revision. Upon finding that the application and proposed amendment meet the criteria of applicable ordinances, policies or standards except for minor revisions which can be made and confirmed without further technical review the committee may approve the amendment conditioned upon said revisions being made. The zoning official shall verify that such revisions have been made prior to any site changes or issuance of building permits.

3.

Postponing action. Upon finding that the proposed special land use amendment does not, but could, meet the requirements upon the making of revisions, confirmation of which requires further review, the committee may postpone action until such time as the proposed amendment is revised.

4.

During administrative review, a majority of the committee may elect to have any request for administrative special land use amendment approval reviewed under the full special land use process when it finds such review would better meet the intent of this section.

5.

Upon finding that the application and proposed amendment do not meet one or more of the criteria of this section and other applicable ordinances the committee shall deny approval.

(3)

Full site plan review. If a project does not qualify for administrative review it shall be reviewed and approved by the planning commission, pursuant to full site plan review procedures detailed in subsection 40-136(h)(2). Full site plan review is a four step process consisting of pre-application review, preliminary plan review, final site plan review and final engineering review.

(f)

Criteria of site plan review. Administrative and full site plans shall be reviewed and approved upon a finding that the following conditions are met:

(1)

The proposed use will not be injurious to the surrounding neighborhood.

(2)

There is a proper relationship between major thoroughfares and proposed service drives, driveways and parking areas and provisions have been made for acceleration, deceleration and passing lanes or approaches so as to preserve the safety and convenience of pedestrian and vehicular traffic.

(3)

The location of buildings, outside storage receptacles, parking areas, screen walls and utility areas is such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas.

(4)

It provides for proper development of roads, easements and public utilities and protects the general health, safety, welfare and character of the township.

(5)

It meets the requirements and standards for grading and surface drainage and for the design and construction of storm sewers, stormwater holding facilities, parking lots, driveways, water mains, sanitary sewers and for acceleration, deceleration and passing lanes or approaches as determined by the township engineers and set forth in the township design and construction standards.

(6)

Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be so arranged as to permit emergency service access by some practical means to all sides where possible. All driveways and parking lot lanes necessary to provide emergency access shall be a minimum of over 18 feet in width. Site features such as, but not limited to, trees and other plant materials, fences, retaining walls, berms, outdoor furniture, outdoor structures, and natural and artificial water bodies shall be arranged to permit adequate emergency vehicle access.

(7)

Natural resources will be preserved to the maximum extent possible in the site design by development in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, groundwater and woodlands.

(8)

The proposed development respects the natural topography to the maximum extent possible by minimizing the amount of cutting, filling and grading required.

(9)

The proposed development will not cause soil erosion or sedimentation.

(10)

Stormwater management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body or watercourse, or cause alterations which could increase flooding or water pollution on or off site.

(11)

Wastewater treatment systems, including on-site septic systems will be located to minimize any potential degradation of surface water or groundwater quality.

(12)

Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby water bodies.

(13)

The proposed use is in compliance with all township ordinances and any other applicable laws, except as otherwise expressly allowed in this section.

(14)

Buildings, parking, drives, landscaping and other improvements on the site are appropriate and consistent with good design standards for the lot size, shape, general location, and consistent with and/or an enhancement of area buildings and properties.

(15)

Landscaping, including ground covers, trees, shrubs and other vegetation, is provided in areas disturbed by construction, to maintain the natural character of the area and improve the aesthetic quality and environmental functioning of the site and area.

(16)

Deviations from the minimum setbacks found in this article may be allowed for preexisting legal nonconforming structures, provided that the proposed deviation does not increase the existing nonconformity and that the planning commission has made the following affirmative determinations:

a.

The preexisting structure was, at the time of site plan approval, a legal nonconforming structure as described in section 40-931.

b.

The proposed building setback in the proposed site plan will not have any material adverse impact on the proposed development or any adjoining parcels or infrastructure.

(g)

Information required for site plans. All site plans shall be submitted in digital and paper format. For paper submittal, sheet size shall be 24-inches by 36-inches with plan view drawn to a scale found on the U.S. Standard Engineers Scale. Where the size of a project requires more than one 24-inch by 36-inch sheet at a one inch equals 100 feet scale or a larger scale (lower number) is needed for clarity or detail, more than one 24-inch by 36-inch sheet shall be used with match lines clearly shown. Plan sheets shall be clearly drawn so that all information is legible and not obscured by other plan information.

(1)

Administrative review. At the direction of the administrative site plan committee, any information required in section 40-136(g)(2)c. information required on site plan, may be required for administrative site plan approval. However, at a minimum, submissions of a site plan shall include the following information:

a.

Proprietors', applicants', and owners' names, addresses and telephone numbers.

b.

Date (month, day, year), including revisions.

c.

Title block and scale.

d.

North point.

e.

Proposed and existing structures, utilities, parking areas, etc. on the parcel, shown on a scaled drawing of a previously approved site plan may be used to demonstrate this information.

f.

Proposed grading and resulting changes to stormwater facilities.

(2)

Full site plan review. The following information shall be required for each step of the full site plan review process.

a.

Pre-application review. Plans submitted for pre-application review are to be conceptual in nature with enough information to properly illustrate the development concept and to accomplish a productive meeting.

b.

Preliminary site plan review. Every preliminary plan submitted to the planning commission shall include the following information:

1.

The general description, location, size and shape of the property involved.

2.

The general shape, size and location of proposed buildings, parking areas and service drives, loading zones, location of existing and proposed streets serving the property, and natural features including, but not limited to, general topography, soils, wetlands, wooded areas, native plant community types, tree rows and water bodies.

3.

The general location and type of all existing and proposed stormwater and sewage treatment systems serving the property.

4.

A written explanation or analysis of how the development and its concept will comply with the criteria of site plan review found in subsection (f) of this section.

5.

Any other information deemed necessary to properly illustrate the development concept.

c.

Final site plan review. Plans submitted for final site plan review shall contain all of the following data and any other information that will assist the township in determining compliance with the criteria of site plan review. The minimum information as listed below shall be provided for review:

1.

General information.

(i)

Proprietors', applicants' and owners' names, addresses and telephone numbers.

(ii)

Date (month, day, year), including revisions.

(iii)

Title block.

(iv)

Scale.

(v)

North point.

(vi)

Location map showing proximity to major thoroughfares and section corners with north point indicated.

(vii)

Architect, engineer, surveyor, landscape architect, or planner's seal.

(viii)

Existing lot lines, building lines, structures, parking areas, etc., on the parcel, and within 100 feet of the site.

(ix)

Proposed lot lines, property lines and all structures, parking areas, etc. within the site, and within 100 feet of the site.

(x)

Centerline and existing and proposed right-of-way lines of any street.

(xi)

Zoning classification of petitioner's parcel and all abutting parcels.

(xii)

Gross acreage figure.

2.

Physical features.

(i)

Acceleration, deceleration and passing lanes and approaches.

(ii)

Proposed locations of access drives, street intersections, driveway locations, sidewalks, bike paths, curbing and areas for public use.

(iii)

Location of existing and proposed service facilities above and below ground, including:

A.

Well sites.

B.

Septic systems and other wastewater treatment systems. The location of the septic tank and the drainfield (soil absorption system) should be clearly distinguished. Wastewater treatment systems process should be explained.

C.

Chemical and fuel storage tanks and containers.

D.

Storage, loading, and disposal areas for chemicals, hazardous substances, salt and fuels.

E.

General location and concept of on-site utilities (both above and below ground) including water, wastewater system, and stormwater systems.

F.

Preliminary calculations for stormwater facilities. Enough detail must be provided to determine the location and type of stormwater treatment proposed and the area needed for these facilities.

G.

Location of all easements.

(iv)

All buildings with dimensioned floor plans, setbacks and yard dimensions and elevation views, of all sides of the building, including all roof-mounted mechanical units and screening, exterior materials and colors, including demonstration that the provisions of section 40-821 architectural and site design standards are met.

(v)

Dimensional parking spaces and the calculations, drives and method of surfacing.

(vi)

Exterior lighting locations and illumination patterns.

(vii)

Location and description of all existing and proposed landscaping, berms, fencing and walls.

(viii)

Trash receptacle pad location and method of screening.

(ix)

Transformer pad location and method of screening.

(x)

Dedicated road or service drive locations.

(xi)

Entrance details including sign locations and size.

(xii)

Designation of fire lanes.

(xiii)

Any other pertinent physical features.

3.

Natural features.

(i)

Soil characteristics of the parcel.

(ii)

Existing topography with a maximum contour interval of two feet on parcels of more than one acre. Topography on the site and beyond the site for a distance of 100 feet in all directions shall be indicated.

(iii)

General grading plan correlated with existing topography so as to clearly indicate all areas of grading.

(iv)

Location of existing drainage courses and associated bodies of water, on and off site, and their elevations.

(v)

Location of existing wetlands.

(vi)

Location and identification of natural resource features, including woodlands and other native plant communities, and areas with slopes greater than ten percent (one foot of vertical elevation for every ten feet of horizontal distance). Parcels that are located within the priority resource protection areas may be required to collect additional information about the site's natural features, as described in section 40-892.

(vii)

Location of invasive species. If found, an Invasive Species Management Program per Article V Invasive Species Control shall be provided.

4.

Additional requirements for multiple-family, cluster and PUD developments.

(i)

Density calculations by type of unit by bedroom counts.

(ii)

Designation of units by type and the number of units in each building.

(iii)

Carport locations and details where proposed.

(iv)

Specific amount and location of recreation spaces.

(v)

Type of recreation facilities to be provided in recreation space.

(vi)

Details of community building and fencing of swimming pool if proposed.

5.

Additional requirements for commercial, office, and industrial developments.

(i)

Loading/unloading areas.

(ii)

Total and useable floor area.

(iii)

Number of employees in peak usage.

d.

Final engineering review. Plans submitted for final engineering review shall contain the following plans and information:

1.

All site plan information as approved by the planning commission or township board (as required).

2.

All additional detailed engineering information as required by the Springfield Township Design and Construction Standards.

3.

All data and information submitted for outside agency review.

4.

All outside agency approval letters and/or permits.

(h)

Site plan review procedures.

(1)

Administrative review. A minor site plan amendment may be reviewed administratively and approved by a site plan committee (committee), without action by the planning commission or township board. The committee shall be composed of a three-person committee consisting of the township supervisor, the chairperson of the planning commission, and the township board representative to the planning commission. Should one of the officials listed above not be available one or more of the following alternates may serve on the committee: Township clerk or the vice chair of the planning commission. The committee must be made up of at least one board member and one planning commissioner. The committee shall review the plan subject to all of the criteria, requirements and standards set forth in this article and the following standards:

a.

The zoning official or site plan committee is authorized to employ the township planner, township engineer, township attorney or other experts to assist in the review of site plans submitted under this section.

b.

The committee shall consider the criteria set forth in section 40-136(f) in the review of the site plans submitted under this section.

c.

During administrative review a majority of the committee may elect to have any administrative site plan reviewed as a full site plan when it finds such a review would better meet the intent of this section. Full site plan shall follow the provisions of section 40-136(h)2.

d.

Review and approval. The committee shall review the administrative site plan and shall be entitled to make reasonable inquiries of and receive answers from the applicant. One of the following actions shall be taken by a majority vote of the committee after review of the plan:

1.

Approval. Upon finding that the application and site plan meet the criteria of this section and other applicable ordinances, policies or standards, the committee shall approve the administrative site plan.

2.

Approval with minor revision. Upon finding that the application and site plan meet the criteria of site plan and other applicable ordinances, policies or standards except for minor revisions which can be made and confirmed without further technical review the committee may approve the administrative site plan conditioned upon said revisions being made. The zoning official shall verify that such revisions have been made prior to any site changes or issuance of building permits.

3.

Postponing action. Upon finding that the application and site do not, but could, meet the requirements upon the making of revisions, confirmation of which requires further review, the committee may postpone action until such time as the plan is revised.

4.

Denial. Upon finding that the application and site plan do not meet one or more of the criteria of this section and other applicable ordinances the committee shall deny approval of the administrative site plan.

e.

Notice of action. A summary notice of the action of the committee shall be forwarded by the township to the applicant and shall be sufficient to satisfy the requirement of notice to the applicant.

(2)

Full site plan review. Full site plan review consists of four required steps: Pre-application review, preliminary site plan review, final site plan review, and final engineering review. In addition to the four required steps outlined below, potential applicants are encouraged to meet with township staff to review overall plan concept, zoning, and review procedures. Each step in the full site plan review process is outlined below:

a.

Pre-application meeting and review. Potential applicants shall present and discuss a conceptual site plan with township staff including the township planning administrator, township supervisor or designee, planning consultant, engineering consultant, and township attorney as necessary. The pre-application meeting will:

1.

Identify the applicant's contact information for all future communications.

2.

Familiarize the applicant with policy and procedural matters.

3.

Identify other approvals or permits required from outside agencies.

4.

Review the need for special steps, such as conditional use or variances.

5.

Allow the applicant and township staff to discuss the proposal and to revise the site plan concept and/or application, if needed, prior to submission.

6.

Review submission requirements, zoning, landscaping, engineering and architectural design issues.

7.

Identify relevant historical, cultural and physical land features.

8.

Review the overall idea and concept.

9.

Review aspects of plan that will require legal review by township attorney.

b.

Preliminary site plan review. The purpose of preliminary site plan review is to provide the applicant and the township planning commission the opportunity to review a generalized site plan, discuss the overall idea of the development project and to consider the project's compliance with the criteria of site plan review found in 40-136(f) and other applicable township ordinances, policies or standards. The township encourages all applicants to take advantage of preliminary review. Preliminary plan review is required for all principal uses permitted subject to special conditions (special land uses), all developments containing greater than 25,000 square feet of structures, and developments larger than two acres in size. Projects for which preliminary plan review is not required or requested are subject to review pursuant to the requirements of section 40-136(h)2. of this section, final site plan review. The following procedures shall apply to preliminary plan review:

1.

An application supplied by the township shall be filed along with the applicable fee, plans and other documents with the township. The number of plans and other documents to be submitted shall be specified on the application.

2.

Upon receipt of an application for preliminary plan review, the township shall transmit the application, preliminary documents and plan to the township planner and township engineer. The planner's and engineer's reviews shall be limited to reviewing the required information found in section 40-136(g)(2)(b) for compliance with township zoning standards. Review of the preliminary plan shall be scheduled at a regular planning commission meeting in accordance with township policy.

3.

The planning commission shall review the preliminary plan and shall be entitled to make reasonable inquiries of and receive answers from the applicant review, the clerk shall provide the applicant with the official minutes of the meeting, which shall reflect the planning commission review comments.

4.

Where review by the township board is required by this chapter, the board shall review the preliminary plan and shall be entitled to make reasonable inquiries of and receive answers from the applicant. Following review, the township shall provide the applicant with the official minutes of the meeting, which shall reflect township board review comments.

5.

Preliminary plans not requiring special land use shall become null and void unless a final site plan review is submitted to the township within six months of concept review by the planning commission. Preliminary plans requiring special land use shall conform to the special land use provisions of this chapter.

c.

Final site plan review. After preliminary site plan review, a final site plan may be submitted. A final site plan review shall be required for the purpose of presenting a detailed site plan to the township for review. The following procedures shall be followed:

1.

Checklist review. Upon filing with the township of three copies of an application, proposed site plan, other applicable information and applicable fees, a checklist review, to determine if all of the information required by section 40-136(g)(2)c. of this section is supplied, shall be conducted as follows:

(i)

The person designated by the township shall perform a checklist review and notify the applicant in writing whether the proposed site plan contains all of the required information, or if not, the nature of information required to be submitted.

(ii)

If a proposed site plan is incomplete, the applicant will be asked to prepare a new site plan to address deficiencies and submit it for another checklist review.

2.

Technical review. The purpose of technical review is to secure written comments and recommendations on a proposed plan from the planner, engineer and, attorney as needed. The township shall review those comments and recommendations, along with the proposed plan, for conformance with the criteria for site plan review in section 40-136(f) of this section, other applicable ordinances, regulations, standards, policies or laws. The applicant shall submit to the township the number of copies of the site plan, application and other required information specified on the application after receiving the township's checklist review indicating the application and information is complete. The applicant shall also submit plans to any county, state or federal agencies having jurisdiction and request that a copy of their review comments for compliance with agency rules, policies or laws is forwarded to the township. A copy of the transmittal letter forwarding plans to the agencies shall be included with the technical review application information submitted to the township. The following technical review procedure shall be met:

(i)

Copies of the plans, documents and township checklist review shall be forwarded to the planner, engineer, and attorney (as necessary) for review.

(ii)

The consultants shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws and standards and shall furnish written comments, opinions and recommendations to the township, the applicant and the applicant's plan preparer within 14 days of plan submission. Detailed review of the design and construction standards will occur at the final engineering review stage.

(iii)

After the township receives written responses from the planner and engineer, the plan may be scheduled for the required staff review meeting.

3.

Staff review meeting. After technical review, a staff review meeting is required prior to placement on an agenda of the planning commission as outlined below.

(i)

The review is conducted by the staff review team together with the applicant and will review and discuss comments provided by the township consultants technical review to determine if the plan is complete and may proceed to the planning commission for review.

A.

Review the need for special steps, such as special land use or variances.

(ii)

The staff review team may meet as frequently as twice each month and shall include any combination of the following staff members as necessary for the review of the project: Township planning administrator, township supervisor or designee, planning consultant, engineering consultant, and township attorney as necessary.

(iii)

The staff review team shall make a determination if the site plan is complete. If the plan is incomplete based on the consultants reviews, the applicant will be directed to make revisions and resubmit for an additional staff review meeting. Consultant reviews of the resubmittal shall be completed within ten days of plan resubmission.

(iv)

If the staff review team makes the determination that the application is administratively complete, the township staff will:

A.

Schedule the application on the planning commission's next available meeting agenda.

B.

Track project progress.

4.

Planning commission review. Upon successful completion of technical review and the required staff review meeting, the site plan will be scheduled for a regular planning commission business meeting. The purpose of planning commission review is to take one of the following actions:

(i)

Approval. Upon finding that the application and site plan meet the criteria of site plan review in section 40-136(f) of this section and other applicable ordinances, policies or standards, the planning commission shall approve the final site plan or, if required, recommend approval by the township board.

(ii)

Approval with minor revision. Upon finding that the application and site plan meet the criteria of site plan review in section 40-136(f) of this section, and other applicable ordinances, policies or standards except for minor revisions which can be made and confirmed without further technical review by the engineer, planner and reviewing agencies, the planning commission may approve the final site plan or recommend approval by the township board, conditioned upon said revisions being made. The township shall verify that such revisions have been made prior to any site changes, issuance of building permit or submission of the plan to the township board.

(iii)

Tabling. Upon finding that the application and site do not, but could, meet the requirements upon the making of revisions, confirmation of which requires further technical review by the engineer, planner and/or reviewing agencies, the planning commission may table action until such time as the plan is revised and applicable technical review provisions have been completed.

(iv)

Denial. Upon finding that the application and site plan do not meet one or more of the criteria of site plan review in section 40-136(f) of this section and other applicable ordinances, policies or standards and that revisions necessary to meet said criteria are so extensive as to require the preparation of a new site plan, the planning commission shall deny approval or recommend denial by the township board.

(v)

Notice of action or recommendation. A copy of the planning commission minutes shall be forwarded by the township to the applicant and shall be sufficient to satisfy the requirement of notice to the applicant.

5.

Township board review. The following procedures shall be met:

(i)

Township board review of a site plan shall only be required under the following circumstances:

A.

For all special land uses.

B.

For all condominium developments.

(ii)

If a final site plan is required to be submitted to the township board, the following procedures shall be followed:

A.

Planning commission denials. Where the planning commission has recommended denial of an application and site plan, the township shall not place that application and site plan on a township board agenda for action unless the applicant files a written request for township board consideration with the township. Said request shall contain the applicant's reasons in support of a finding by the township board that the criteria of site plan review in section 40-136(f) of this section have been met, despite the planning commission finding to the contrary.

B.

Planning commission approvals. Where the planning commission has approved or conditionally approved an application and site plan, the township shall schedule them for a township board meeting in accordance with township policy.

C.

Township board action. Based upon the criteria of site plan review in subsection (f) of this section and other applicable ordinances, policies or standards, and after considering the planning commission findings and applicant's position regarding satisfaction of those criteria, the township board may approve, approve with conditions, refer back to the planning commission, table or deny the application and site plan, with any conditions of approval or reasons for denial to be furnished to the applicant in writing by the township. A copy of the Township board minutes is sufficient for this purpose.

D.

Official record. Upon approval or conditional approval of an application and site plan, the township shall note on at least one copy of the application and plan, the date and any conditions of approval, which shall be the official township permanent record.

d.

Final engineering review. After planning commission approval, and township board approval (when required) the following procedures shall be met:

1.

The final engineering review will:

(i)

Confirm compliance with all township engineering standards (design and construction standards).

(ii)

Confirm that issues still open with any outside agency are resolved.

(iii)

Confirm that all conditions made by the planning commission have been met.

2.

Final engineering is the final step in the site plan approval process. If changes to the site plan are required as a result of the engineer's final review, the site plan shall be resubmitted to the township for review by the approving body pursuant to section 40-136(h)(2).

(Ord. No. 26, § 18.07, 9-13-1990; Ord. of 10-9-2008, § 1(10); Ord. of 12-11-2008(2), § 1(8—11); Ord. of 3-11-2010, § 1; Ord. of 4-14-2011(1), § 1; Ord. No. 2014(3), § 1, 8-14-2014; Ord. No. 2018(5), § 1, 8-9-2018; Ord. No. 2019(1), § 1, 1-10-2019; Ord. No. 2020(3), §§ 1—3, 10-8-2020)

State Law reference— Submission and approval of site plan, MCL 125.3501.

(a)

Special land uses. Special land uses, as used herein, shall refer to such principal uses permitted subject to special conditions enumerated in the several zoning districts based upon a review and recommendation by the planning commission and approval by the township board. On application for a special land use, the planning commission and township board may grant approval for such uses as are specified in the several zoning districts as requiring special permission. In addition to requiring compliance with the general minimum requirements specified for such uses in the zoning district in which the use is located and those found elsewhere in this chapter, plus special conditions expressly imposed for such use, the planning commission may recommend, and the township board approve, specific conditions with respect to approval of the special land use as it shall deem necessary to meet the standards of this section and the intent of this chapter. The planning commission and the township board, in arriving at this recommendation and decision relative to any application for a special land use, shall apply the following standards:

(1)

The proposed use shall be of such location, size and character as to be in harmony with the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adjacent zoning districts.

(2)

The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood. In applying this standard the planning commission and township board shall consider, among other things: convenient routes for pedestrian traffic, the relationship of the proposed use to main traffic thoroughfares and to street and road intersections, the general character and intensity of the existing and potential development of the neighborhood, and relationship to the township master plan. The planning commission and township board shall determine that the proposed use will not have a detrimental effect.

(3)

Unless a variance is granted, the standards of density and required open spaces for the proposed use shall be at least equal to those required by this chapter in the zoning district in which the proposed use is to be located. After the granting of approval of a special land use by the township board, the zoning board of appeals shall also have the power to grant variances as provided by this chapter.

(4)

The public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.

(5)

Protection of the natural environment and conservation of natural resources and energy.

(6)

Compatibility with adjacent uses of land and promotion of the use of land in a socially and economically desirable manner.

(7)

The planning commission and township board shall find that the foregoing standards are substantially met by the applicant and shall so set forth in their official record of the proceedings.

(b)

Application and fee. Application for any special land use permissible under the provisions of this chapter shall be made to the township clerk by filing an application and the required fee.

(c)

Site plan requirements.

(1)

Pre-application meeting and review. A pre-application meeting shall be required for each proposed special land use request. The pre-application meeting shall follow the procedures set forth in section 40-136(h)(2)a.

(2)

Preliminary site plan. An application for a special land use under section 40-594, cluster housing regulations, shall include a preliminary site plan and all other required information in conformance with section 40-594(e). An application for all other special land use requests shall include a preliminary site plan and all other required information in conformance with section 40-136(g)(2)(b). Procedures for preliminary site plan review set forth in section 40-136(h)(2)(b) shall be followed.

(3)

Final site plan. Upon approval of the special land use the applicant shall be authorized to submit a final site plan. Procedures for final site plan review, in conjunction with the special land use review, set forth in section 40-136(h)(2)(c) shall be followed, and the information set forth in section 40-136(g)(2)(c).

(d)

Review procedure.

(1)

Planning commission action. The planning commission shall review the application for a special land use permit in reference to the standards and findings required herein and in relation to the information provided at the public hearing. The planning commission may request additional information it deems necessary to make a decision. The planning commission shall recommend approval, approval with conditions or denial of the application for a special land use permit and shall transmit its recommendations, to the township board. The information provided to the township board shall contain the planning commission's analysis of the application in relation to the required standards and findings, and shall include a summary of the findings made as a result of the public hearing.

(2)

Township board action. The township board shall review the recommendation of the planning commission and shall approve, approve with conditions, or deny an application for a special land use permit. The township board's decision, the basis for the decision, and all conditions imposed shall be described in a written statement, which shall be made a part of the record of the meeting at which action is taken.

(e)

Public hearing.

(1)

A single public hearing on the request for special land use approval shall be held before the planning commission.

(2)

In all cases where the township is required to make a discretionary decision on a special land use or activity, the township shall give notice of a request for a special land use or activity. The notice of public hearing shall be given as set forth in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(3)

The notice of public hearing shall:

a.

Describe the nature of the special land use request.

b.

Describe the property which is the subject of the special land use request.

c.

State the date, time, and place of the public hearing.

d.

Indicate when and where the written comments will be received concerning the request.

(f)

Final township board action. Upon review of the application and preliminary site plan in accordance with the standards established in section 40-594(a) through (c) for cluster housing projects and in subsection (a) of this section for all other special land uses, findings of the public hearing held in accordance with subsection (d) of this section, and the requirements of other provisions of this chapter as they apply to the proposed special land use, the township board shall approve, approve with conditions, or deny the special land use.

(1)

Upon review of the special land use application and preliminary site plan, the township board may require reasonable conditions necessary to accomplish compliance with the special land use standards and to minimize impact on adjacent uses.

(2)

Conditions imposed with respect to the approval of a special land use shall be recorded in the record of the approval action and shall remain unchanged except upon mutual consent of the township and the landowner.

(3)

Any approval of a special land use shall require submittal and approval of a final site plan prepared in accordance with section 40-136, including any conditions of approval attached to the approved preliminary plan.

(g)

Expansion or alteration of a special land use. Expansion or alteration of a special land use shall be considered an amendment to such use and subject to the review and approval of the township in accordance with all procedures and standards set forth herein.

(h)

Voiding of special land use permit.

(1)

Special land use approval becomes null and void unless a site plan is submitted within 12 months and approved within 24 months of township board special land use approval.

(2)

Any special land use and final site plan granted under this section shall become null and void unless construction and/or use is commenced within 12 months of township board approval.

(3)

Special land use and/or final site plan review and the deadline for commencement of construction may be extended for up to 12 months upon written request to the township board. All requests shall include a statement of why the extension is necessary and provide confirmation of the ability to complete construction in conformity with the approved site plan.

(4)

A violation of a requirement, condition or safeguard shall be considered a violation of this chapter and grounds for the township to terminate and cancel approval of such special land use.

(i)

Administrative approval of minor amendments.

(1)

An amendment to a special land use may be reviewed administratively and approved by the site plan committee described in section 40-136(h)(1), when the amendment is in compliance with all ordinance requirements and any conditions of approval, the committee determines the amendment is minor or incidental, and one or more of the following circumstances are found:

a.

An expansion or reduction to a structure under construction, or use of 1,000 square feet or less or ten percent of the floor area of the structure, whichever is less.

b.

Provision for additional, or reductions in, parking or loading/unloading spaces proposed to bring the site toward conformance with current parking and loading/unloading requirements.

c.

Site (grade) elevations and stormwater management requirements may be altered so long as the overall drainage is not affected.

d.

Improvements to site access or circulation such as, without limitation, inclusion of pedestrian or bicycle paths, curbing, acceleration, or deceleration lanes.

e.

Modifications to approved landscaping or screening, provided that the modified landscaping and/or screening meets the applicable standards of this section and any conditions of approval.

f.

New signage, or modifications to location and/or substitution of materials for signage, taking into consideration any adverse effect on traffic safety.

g.

Other items deemed minor or consistent with the intent of this section, as determined by the site plan committee.

(2)

The committee shall follow this process in considering any request for a minor special land use amendment:

a.

The zoning administrator or site plan committee is authorized to employ the township planner, township engineer, or township attorney, or other experts to assist in review of special land use amendments under this section.

b.

The committee shall consider the criteria set forth in section 40-145(a) in review of a special land use amendment submitted under this section.

c.

Review and actions. The committee shall review the proposed amendment and shall be entitled to make reasonable inquiries of and receive answers from the applicant. One of the following actions shall be taken by a majority vote of the committee after review of the plan:

1.

Upon finding that the application and proposed amendment meet the criteria of this section and other applicable ordinances, policies or standards, the committee shall approve the amendment.

2.

Approval with minor revision. Upon finding that the application and proposed amendment meet the criteria of applicable ordinances, policies or standards except for minor revisions which can be made and confirmed without further technical review the committee may approve the amendment conditioned upon said revisions being made. The zoning official shall verify that such revisions have been made prior to any site changes or issuance of building permits.

3.

Postponing action. Upon finding that the proposed special land use amendment does not, but could, meet the requirements upon the making of revisions, confirmation of which requires further review, the committee may postpone action until such time as the proposed amendment is revised.

4.

During administrative review, a majority of the committee may elect to have any request for administrative special land use amendment approval reviewed under the full special land use process when it finds such review would better meet the intent of this section.

5.

Upon finding that the application and proposed amendment do not meet one or more of the criteria of this section and other applicable ordinances the committee shall deny approval.

d.

Notice of action. A summary notice of the action of the committee shall be forwarded by the township to the applicant and shall be sufficient to satisfy the requirement of notice to the applicant.

(3)

If an amendment does not qualify for administrative approval, it shall be reviewed and approved in accordance with subsection 40-145(g).

(Ord. No. 26, § 18.08, 9-13-1990; Ord. of 12-11-2008(2), § 1(12); Ord. No. 2019(4), § 1, 3-14-2019; Ord. No. 2020(4), § 1, 10-8-2020)

State Law reference— Special land uses, MCL 125.3502 et seq.