The purpose of this article is to provide for consultation and cooperation between the property owner and developer and the Yankee Springs Township Planning Commission in order that the property owner or developer may accomplish their objective in the utilization of their land within the regulations of this zoning ordinance. Providing a minimum of adverse affect on the use of adjacent streets and highways and on existing and future uses in the immediate area and vicinity.

(Ord. No. 09-01-06, § II, 9-1-2006)

This article shall apply to all construction projects, additions, uses, or change in use, or the remodeling of any building, or structure, within Yankee Springs Township except those specifically listed in this article as exempted.

(Ord. No. 09-01-06, § II, 9-1-2006)

A.

Except as hereinafter set forth, site plan review shall be required before the start of any construction project, addition, use, or change in use, or the remodeling of any building or structure within Yankee Springs Township. Applications for site plan review, either business or residential, may be requested from the Yankee Springs Township Clerk.

B.

Except upon a written order of the Township Zoning Board of Appeals, no zoning permit shall be issued for any building or structure where the construction, addition, alteration, or use thereof would be in violation of any of the provisions of this ordinance, unless such authority has been delegated elsewhere in specific instances.

(Ord. No. 09-01-06, § II, 9-1-2006)

All site plan review applications must be submitted to the township hall for consideration by the planning commission or zoning administrator. All required application materials must be submitted no less than twelve (12) business days prior to a meeting of the planning commission in order to be placed on that meeting's agenda, if desired by the applicant. Incomplete application packets or packets submitted less than twelve (12) days prior to the meeting date will not be guaranteed a space on the next meeting's agenda.

(Ord. No. 09-01-06, § II, 9-1-2006)

All applicants for site plan review shall have available for the planning commission's and/or zoning administrator's inspection, evidence of ownership of all property affected by the site plan and shall submit the same upon the request of the planning commission or zoning administrator.

(Ord. No. 09-01-06, § II, 9-1-2006)

This section shall apply to any construction project, addition, use, or change of use or the remodeling of any residential building or structure in the following zoning districts: AG, RR, SR, RMF, RSF, RLF.

1.

Exemptions: The following shall be exempt from residential site plan review. However, a building permit may still be required.

a.

The remodeling of the interior of a house or structure when the exterior is not changed.

b.

The remodeling of the exterior of a house or structure as follows:

(1)

A new roof.

(2)

Painting.

(3)

Replacement of windows, doors, shutters, and other nonstructural elements.

(4)

Replacement or the addition of vinyl, aluminum, or wood siding or eave troughs.

(5)

The addition or replacement of any of the following within the property:

(a)

Gardens, trees, and shrubs.

(b)

Seawalls, sidewalks, driveways, or stairways of not more than five (5) steps.

c.

Any remodeling resulting in a structural change to the building that impacts the height, bulk, setback, or other zoning consideration shall require site plan review.

2.

Residential site plan review application and procedure:

a.

Each applicant for residential site plan review shall complete a residential site plan review application including the following:

(1)

Name, address, and telephone number of the applicant.

(2)

Name, address, telephone number, and signature of the property owner.

(3)

Location and a description of the project or use change.

(4)

Present zoning district and parcel identification number of the project property.

(5)

A copy of the latest land survey of the project property showing all of the existing structures on the property and the boundary dimensions.

(6)

A copy of the approved driveway permit from either the Barry County Road Commission or the Michigan Department of Transportation, when required.

(7)

Approval for connection to separate, individual water and sewage facilities or available public sewer and/or water systems for each dwelling unit.

b.

For residential site plan review applications, a plot plan shall be prepared and submitted for review as well.

(1)

Four (4) copies of a plot plan are required to be submitted for review. If planning commission review is required or requested for a particular application, eleven (11) copies of a plot plan shall be submitted. A building permit will not be issued until the plot plan is approved either by the planning commission or zoning administrator.

(2)

The plot plan shall contain drawings and documents with the following information:

(a)

The plot plan shall be a drawing to fit a sheet of paper no larger than eleven (11) by seventeen (17) inches. The plan does not have to be prepared by a licensed or registered professional, but it must be reasonably to scale and the planning commission must be confident in the accuracy and quality of the work;

(b)

A copy of the latest land survey of the property showing all of the existing structures on the property;

(c)

A copy of the latest land survey of the property showing the location of the proposed structure(s) and improvements to the property;

(d)

Dimensions of the property and measurements of all yards and setbacks;

(e)

Location and zoning of adjacent parcels;

(f)

Location, shape and size of existing and proposed structures;

(g)

The nature of the proposed construction, alteration, or repair and the intended uses;

(h)

Front, side, and rear elevations with dimensions for all proposed structures;

(i)

The present use being made of any existing structure affected by the application and any proposed change in the use thereof;

(j)

Septic tank and drain field locations, if any, including reserved area, and showing distances between the well and property lines. If the plot shall be served by a public sewer or water, the location and size of the sewer main and sewer lead as well as public water service shall be shown on the plan;

(k)

Driveway location and utility easements;

(l)

Area to be excavated and graded, with existing and final grades shown at a minimum of two-foot contour intervals;

(m)

The approximate boundary of any water body or wetland. Additional permits from MDNR, MDEQ, or other agencies may be required for activities in or near a regulated wetland or an inland lake or stream;

(n)

Other significant natural or physical features, such as trees, floodplains, and poles;

(o)

Location of all existing and proposed fences, walls, and retaining walls;

(p)

The location and right-of-way widths of all intersecting and abutting roads and public easements including drainage easements;

(q)

Date the plot plan was prepared, scale, and north point; and

(r)

Name, address, and professional title (if any) of person responsible for the preparation of the plot plan.

(3)

The zoning administrator or planning commission may waive one (1) or more of the items required above if they feel the item is clearly unnecessary for a substantial review.

(4)

Official review of the plot plan will not begin until a full and complete application package has been submitted to the township in accordance with the guidelines and procedures established by the township and this ordinance. Failure to submit a full or correct application is grounds for an application to be tabled or denied.

(Ord. No. 09-01-06, § II, 9-1-2006)

This section shall apply to any construction project addition or remodeling of any building or structure in the following zoning districts: MHC, RC, C-1, C-2, C-3, LI-1, I-1.

1.

Exemption from business site plan review: The following shall be exempt from business site plan review however a building permit may still be required:

a.

Anything pertaining to the location of a manufactured house within an approved manufactured housing community. This does not relieve the manufactured housing community owner or operator from complying with the requirements of this ordinance.

b.

Anything pertaining to the location of a camping trailer within an approved resort camping park. This does not relieve the camping park owner or operator from complying with the requirements of this ordinance.

c.

Painting and normal repairs pertaining to any building or structures. This does not relieve the owner or operator from complying with the requirements of this ordinance.

2.

Business site plan review application procedure: Each applicant for business site plan review shall complete ten (10) copies of a business site plan review application including:

a.

The name, address and telephone number of the applicant.

b.

The name and address of the property owner.

c.

The location and a description of the project or use change.

d.

Present zoning district and parcel identification number and legal description of the project site.

e.

A copy of the latest land survey of the project site showing all of the existing structures on the property.

f.

A site plan including the following:

(1)

It shall be of a scale not less than one (1) inch equals two hundred (200) feet. However, it shall be of such a size that the members of the planning commission can readily interpret the plan.

(2)

It shall show the name and address of the person or firm preparing the site plan including the seal of the licensed engineer and signature of the person who drew the plan, an appropriate descriptive legend, north arrow, scale and date.

(3)

It shall identify the subject property by lot lines and location including dimensions, angles, and size correlated with the legal description.

(4)

It shall show the topography of the site and its relationship to the adjoining land at not less than two-foot intervals and identify all natural features including, but not limited to, woods, streams, rivers, lakes, drains, wetlands, natural drainage channels, and unstable soils. It shall show any proposed changes in the topography including changes to any natural features.

(5)

It shall show all existing, man-made features on and within one hundred (100) feet of the site, such as buildings and structures, bridges, towers, pipelines and other existing utilities, any easements, culverts, or drains.

(6)

It shall show the location of all buildings and structures, including underground tanks, septic system, and utilities to be constructed on the site.

(7)

It shall show the proposed streets, driveways, sidewalks, and other vehicular and pedestrian circulation features within and adjacent to the site. The location, size and number of parking spaces, including handicap spaces and ramps, in the off-street parking areas and the identification of service lanes and loading areas.

(8)

It shall show the proposed location, use and size of open spaces, and the location of existing and proposed landscaping, walls, and fences on the site.

(9)

It shall include a vicinity map indicating the location of the site in relation to the surrounding street system and shall identify the existing uses and zoning of adjacent properties.

(10)

It shall show the location of snow storage areas.

(11)

It shall provide assurance that all water from the proposed site will remain on site during construction as well as after the completion of the project.

(12)

It shall provide front, side, and rear elevations of the principal buildings, with dimensions.

g.

A copy of the approved driveway permit from either the Barry County Road Commission or the State Highway Department, when required.

3.

[Placement on agenda:] When the completed application is filed, the township clerk shall transmit it to the zoning administrator, who shall place it on the agenda of the planning commission, as soon as publishing requirements allow, the applicant shall be notified of the time, date and place that his application will be reviewed.

(Ord. No. 09-01-06, § II, 9-1-2006)

All signs, except for exempt signs, shall be subject to site plan review before installation. Each applicant shall complete an application containing the following:

1.

The name, address, and telephone number of the applicant.

2.

The name and address of the property owner.

3.

The street address and parcel identification number of the property.

4.

A copy of the latest survey of the property showing all of the existing structures, including signs, on the property.

5.

A copy of the latest survey of the property showing the proposed location of the new sign including:

a.

The distance from the road right-of-way to the closest point of the sign and sign structure.

b.

The distance from the closest side yard lot line to the closest point of the sign and sign structure.

6.

Ten (10) copies of a drawing showing the side and end views of the sign and sign structure with the dimensions of both.

7.

A check, made payable to Yankee Springs Township, in accordance with the fee schedule adopted by the township board of trustees.

(Ord. No. 09-01-06, § II, 9-1-2006)

A.

Following the appropriate review and discussion, the planning commission or its representative shall have the authority to approve, disapprove, or modify the proposed plans in accordance with the purpose of the site plan review provisions of the township zoning ordinance and criteria therein contained. Any required modifications shall be stated in writing together with the reasons therefore and delivered to the applicant. the planning commission may either:

1.

Approve the plans as presented.

2.

Approve the plans contingent upon the required modifications.

3.

Require the plans to be resubmitted for review after the required modifications have been included in the plans by the applicant.

4.

Disapprove the plan.

B.

The planning commission chairperson shall sign three (3) copies of the approved site plan, stating all conditions of approval, if applicable. Within ten (10) days, the zoning administrator shall place one (1) copy of the plans and specifications in the township files, transmit one (1) copy to the building inspector, and return one (1) copy to the applicant.

C.

Should the plans not be approved by the planning commission or zoning administrator, the planning commission or zoning administrator shall provide the applicant with a written letter stating the reason(s) for not approving the proposed plan.

D.

The planning commission or zoning administrator is hereby given the discretion and authority to impose reasonable conditions as a condition of approval of any site plan. The conditions may include those necessary to ensure that 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 activity to protect the natural environment and conserve natural resources and energy, and to ensure compatibility of adjacent uses of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

1.

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

2.

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

3.

Be necessary to meet the intent and purpose of the zoning ordinance. Be related to the standards established in the zoning ordinance for the land use or activity under consideration and be necessary to ensure compliance with these standards.

(Ord. No. 09-01-06, § II, 9-1-2006)

In reviewing the site plan, the planning commission or zoning administrator shall ascertain whether the proposed site plan is consistent with all the requirements and regulations of the zoning ordinance. Further, in consideration of each site plan, the planning commission or zoning administrator shall endeavor to ensure that:

1.

The proper development of roads, easements, and public utilities has been provided to protect the general health, safety, and welfare of the township including the following:

a.

All newly created alleys, roads, streets, and parking areas shall be paved with bituminous or concrete paving.

b.

All alleys, roads and streets either public or private shall be built to Barry County Road Commission standards.

c.

All alleys, roads, streets, driveways, and parking areas shall provide for the disposal of surface water on the site into the ground or into approved leaching basins.

(1)

There is a proper relationship between major thoroughfares and service driveways, driveways, and parking areas so as to ensure the safety and convenience of pedestrians and vehicular traffic.

(2)

The adverse affects resulting from the location of buildings and structures will be minimized to the occupants of the subject property as well as the occupants of adjacent properties.

(3)

The proposed use will not have an adverse affect on the surrounding neighborhood. Provisions for fencing, walls, and landscaping may be required to provide screening from adjacent properties.

(4)

The proposed use is consistent with and promotes the intent and purposes of this ordinance, and is compatible with the natural environment and its capacities of public services and facilities affected by the proposed use.

(Ord. No. 09-01-06, § II, 9-1-2006)

A.

Amendments to an approved site plan may occur only under the following circumstances. After the applicant or property owner notifies the zoning administrator of a proposed amendment, the zoning administrator may approve minor changes that do not alter the basic design or conditions of the plan. Minor changes consist of the following:

1.

For residential buildings, the size of structures may be reduced or increased by five (5) percent provided that the overall density of units does not increase.

2.

Square footage of nonresidential buildings may be decreased or increased by up to five (5) percent.

3.

Buildings may be moved by no more than ten (10) feet.

4.

Landscape materials may be replaced by similar plant materials on a one-to-one or greater basis.

5.

Building materials may be changed to those of higher quality.

6.

Floor plans may be changed provided the change does not alter the character of the use.

7.

Sidewalks or refuse storage stations may be relocated.

8.

Internal parking lots may be rearranged which do not affect the number of parking spaces or alter access locations.

9.

Changes requested by the Township relative to public safety shall be considered a minor change.

B.

Should the zoning administrator determine that the requested change to the approved site plan is not minor, resubmittal to the planning commission is necessary. If the planning commission determines that the change significantly alters the original concept of the project, a new submittal showing the change is required.

(Ord. No. 09-01-06, § II, 9-1-2006)

The cost of technical review of the site plan shall be paid by the applicant in accordance with the adopted fee schedule, as determined by the township board of trustees and based on the cost of processing the site plan review. In addition, the township may determine that additional specialized studies and analysis are necessary for the proper evaluation of a proposed development, the cost of which shall be borne by the applicant. To insure that sufficient information is available to the township in its review and decision making process, the board of trustees may require the creation of an escrow account, funded by the applicant, from which fees for technical services would be paid. The appropriate review fee and or escrow account shall be paid or established at the time of application.

(Ord. No. 09-01-06, § II, 9-1-2006)

(a)

As a means of securing the health, safety, and welfare of the residents of the Township and adjacent residents and property owners, and to ensure the completion of the development in accordance with the approved site plan, the planning commission shall have the right and authority to require the applicant to file with the township clerk, as part of the approval of the site plan or before the issuance of a building permit, an irrevocable letter of credit, performance/surety bond, cash bond, or other security in such amounts as determined by the planning commission.

(b)

Such bond, letter of credit, or other security shall be in an amount of not less than one hundred (100) percent of the uncompleted development and shall be held by the township clerk until final completion of the project. The township clerk shall release the security within ten (10) days of receipt of the notice of final completion of the project. The letter of credit, bond, or security may be reduced by the amount of the project successfully completed.

(Ord. No. 09-01-06, § II, 9-1-2006)

The Yankee Springs Township Board of Trustees may appoint a person to represent the township planning commission to approve residential site plans. An applicant for residential site plan review may ask the entire planning commission to review a residential site plan. When such a request is made, the planning commission shall review the site plan at the next regular meeting unless arrangements are made for a special meeting. Likewise, either the appointed representative to the planning commission or the members of the planning commission, upon a majority recommendation, may also request for the planning commission to review the site plan. Such a request shall be made on the record and recorded in the meeting minutes of the township planning commission.

(Ord. No. 09-01-06, § II, 9-1-2006)

The zoning administrator may suspend or revoke an approved site plan issued under the provisions of this ordinance whenever the permit is issued erroneously on the basis of incorrect information supplied by the applicant or his agent and is in violation of any of the provisions of this ordinance or of any other ordinances or regulations of the township. The permit may also be revoked in the event of failure or neglect to comply with all of the terms and provisions of this ordinance. The zoning administrator shall give notice by certified mail to the holder of a permit that is liable for voiding action before voidance is actually declared. Said notice shall be mailed to the permit holder at the address indicated in said permit.

(Ord. No. 09-01-06, § II, 9-1-2006)

Development of the subject parcel shall be in complete conformity with the approved site plan, including any amendments thereto, approved by the planning commission or its representative.

(Ord. No. 09-01-06, § II, 9-1-2006)

A building permit must be obtained and on-site development commenced within six (6) months from the date of approval of the site plan or the site plan approval shall be voided. Should a site plan be voided, for any reason, a new application and fee shall be required. One (1) six-month extension may be granted by the planning commission provided that site conditions have not changed in a way that would affect the character, design, or use of the site, and that the approved site plan or sketch plan remains in conformance with all applicable provisions of this ordinance.

(Ord. No. 09-01-06, § II, 9-1-2006)

Except as set forth elsewhere, the building inspector shall not issue a building permit for any construction project, addition, or the remodeling of any building or structure, until a site plan has been submitted by an owner or developer and the plan has been reviewed and approved by the township planning commission or its appointed representative.

(Ord. No. 09-01-06, § II, 9-1-2006)

Except as set forth elsewhere, the building inspector shall not issue an occupancy permit for any construction project, addition, or the remodeling of any building or structure until the township planning commission or its appointed representative shall have inspected the site and found the site improvements to agree with the approved site plan.

(Ord. No. 09-01-06, § II, 9-1-2006)

A.

The construction or usage covered by any site plan approval shall be subject to the inspection by the zoning administrator to ensure compliance with the provisions of this ordinance and the approved plot or site plan.

B.

It shall be the duty of the applicant to notify the zoning administrator when the construction or usage is ready for inspection. Failure to make proper notification of the time for inspection may be cause for voiding of the approval, requiring a new application for site plan approval before construction may proceed or occupancy may be permitted.

C.

Inspections shall be made by the zoning administrator at the following intervals:

1.

When the building foundation forms are in place and/or poles are set. The Administrator shall also inspect the staking of lot corners at this time.

2.

Upon completion of the work authorized by the permit.

3.

Where applicable and when practical, inspections made by the zoning administrator may be made concurrently with inspections made by the building official.

4.

Additional inspections may be made as necessary to ensure compliance with the conditions of site plan approval and these ordinance standards. Such inspections may be made at the request of the applicant, township administration, or upon the zoning administrator's determination.

5.

A temporary compliance permit may be issued for a portion of a building, structure or site prior to occupancy of the entire building, structure or site, provided that such portion of the building, structure, or site is in conformity with the provisions of this ordinance and the building code, and provided further that no threat to public safety exists. The zoning administrator may require that a performance guarantee or letter of credit be provided as a condition of obtaining a temporary permit. The date of expiration shall be indicated on the temporary permit; failure to obtain a final approval within the specified time shall constitute a violation of this ordinance, subject to the penalties set forth in Article 21.

(Ord. No. 09-01-06, § II, 9-1-2006)