A.
The purpose of this article is to provide standards and procedures
under which applicants would submit, and the Township would review,
site development plans for specified types of land uses within the
Township. Such review of proposed site plans by the Township, and
the approval thereof under appropriate terms and conditions, will
help to assure compliance with the terms of this chapter and implementation
of the goals and policies of the Township Master Plan.
B.
Among other matters, this article establishes requirements for the
planning and design of developments in order to achieve the following
objectives: to determine compliance with the provisions of this chapter;
to promote the orderly development of the Township; to assist in preserving
land values; to ensure a harmonious relationship between new developments
and the existing natural environment and existing buildings, structures
and developments; to achieve the purposes of the Township Master Plan;
to promote consultation and cooperation between applicants and the
Township in order that applicants may accomplish proposed land uses,
consistent with the purposes of this article, other provisions of
this chapter, and the Master Plan.
Prior to the issuance of a building permit or other Township construction approval, an applicant shall submit a site plan to the Township for review and approval, unless the proposed land use is exempt from site plan review under § 450-22.03. The types of required site plan review for various land uses are the following:
The following land uses are exempt from site plan review:
Full site plan review by the Planning Commission is required for the following land uses and in the following circumstances, except as otherwise provided in § 450-22.05:
A.
Permitted land uses in the RR, R-1, R-2, R-3, LR and MHC Districts, except single-family and two-family detached dwellings on individual lots and parcels and other exempt land uses as stated in § 450-22.03.
B.
Permitted land uses in the B-1, B-2 and I Districts.
C.
Special land uses.
D.
Planned unit developments.
E.
Condominiums and site condominiums.
G.
An enlargement of a building otherwise requiring site plan approval
that results in an increase in the gross floor area of the building
of at least 10%.
H.
A change in a land use requiring site plan approval that results
in the addition of five or more off-street parking spaces.
I.
All other land uses for which site plan review and approval is required
under the terms of this chapter.
Administrative site plan review by the Zoning Administrator is required for the following land uses and in the following circumstances, unless the use is exempt from site plan review under § 450-22.03:
A.
An increase in the gross floor area by less than 10% of a building
otherwise subject to site plan approval.
B.
A change in a land use that results in fewer than five additional
off-street parking spaces.
C.
A change from an existing permitted land use to a different permitted
land use, if the proposed land use complies with all of the following:
(1)
The proposed land use would be conducted entirely within an
existing enclosed building.
(2)
The proposed land use would not increase the area of an existing
off-street parking area by more than five parking spaces.
(3)
The proposed land use would not substantially alter the character
or appearance of an existing building or the site.
(4)
The proposed land use would not result in serious adverse impacts
on adjacent or nearby lands or uses.
D.
Construction of a building or structure which is accessory to a principal
building or principal structure.
A.
A completed application for site plan review and the required number
of site plans shall be submitted to the Zoning Administrator, together
with the required application fee. The site plan shall include, at
a minimum, the following information:
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Site Plan Level
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Required Site Plan Content
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Preliminary
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Final
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General Information
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Date, North arrow, graphic and written scale, and revision dates
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Name and address of the property owner or petitioner
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Project name
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Name and firm address of the professional individual responsible
for preparing the site plan
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Professional seal
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Location map illustrating the subject site in relation to surrounding
parcels and street system
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Size (in acres) of the subject property, excluding any abutting
road right-of-way
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Legal description of the subject property
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Existing Site Conditions
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Property lines and dimensions
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Existing public and private easements
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Location and dimension of all existing structures
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Existing zoning classification of site and adjoining properties
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Existing buildings and structures within 100 feet of the property
boundaries on all property abutting site
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Abutting street right-of-way and pavement width
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Location of all existing driveways and parking areas on both
sides of the street within 300 feet of the subject property's boundary
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Size and location, if applicable, of existing utilities (water,
sanitary sewer, storm sewer, electric, gas, phone, septic tanks, drain
fields, and wells)
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Lakes, rivers, or similar water bodies (including names)
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All existing surface water drainage facilities
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General location of floodplain and wetlands
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Delineated floodplain and wetland boundaries
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Existing vegetation
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Topographic contours at no more than 2-foot intervals
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Slope analysis showing slopes of 12% or greater
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Natural features assessment (if required)
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Proposed Development
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Required setbacks
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Location and dimension of all proposed buildings and structures
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Gross and net floor area for nonresidential buildings
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Height of all buildings and structures
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Layout and typical dimensions of proposed parcels or lots
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Location of all proposed driveways, streets, acceleration/deceleration
lanes, sidewalks, parking areas (including total number of spaces
to be provided or deferred), snow storage areas, and unloading areas
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Surface materials and dimensions (width, radii, taper length,
typical cross sections, etc.) of driveways, acceleration/deceleration
lanes, sidewalks, curbing, parking areas (showing individual spaces),
and unloading areas
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Parking calculations showing required and proposed parking (including
barrier-free spaces) and any parking to be deferred or shared (shared
parking agreements may be deferred until final site plan)
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Dimensions and turning radius for truck maneuvering at loading/unloading
areas, trash receptacles, and similar locations
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Location and type of directional signs and pavement markings
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Location and details of signs and lighting fixtures, including
size, height, materials, type of lighting, and other relevant details
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Generalized landscape concept showing location of existing vegetation
to be retained, proposed landscaped areas, required buffers, berms,
screening, and other open space
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Landscape plan (prepared by registered landscape architect)
showing location, type, and size of all plant material and dimensions
of all landscaped areas
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Recreation areas, common use areas, and areas to be conveyed
for public use
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Location, type, height, and materials for all fences and walls
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All deed restrictions or covenants
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A brief narrative description of the proposed project, including
size, density, parking availability, relationship to the surrounding
area, traffic movement, and conformance to applicable review standards
of this chapter
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Notation of any variances received
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Engineering
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Proposed method of handling sanitary sewage and providing potable
water
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Size and location of proposed utilities, including proposed
connections to public sewer and water supply systems
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Location of fire hydrants and spacing between hydrants
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Location of on-site water wells and/or wastewater systems and
dimensions from existing and proposed water bodies and property lines
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Generalized location and type of proposed stormwater drainage
facilities
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Storm drainage system, including location of catch basins, manholes,
detention pond design, and materials
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Concept grading plan showing proposed changes to existing site
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Final grading plan at no more than 2-foot intervals
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Proposed roadways (including pavement width, materials, and
easement or right-of-way)
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Proposed roadways (including cross-section, curve radii, and
vertical profiles)
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Building Details
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Building footprints and typical floor plan (dimensioned)
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Basement and finished floor elevations of all buildings
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Typical elevation views of all sides of each building type
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Elevation views of building additions
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Summary schedules for residential developments, providing: (i)
Number of proposed dwelling units (by type), including typical floors
plans; (ii) Number and location (by code, if necessary) of efficiency
and 1-or-more-bedroom units
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Additional Information
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Other information required by the Planning Commission to demonstrate
compliance with all applicable provisions of this chapter; this may
include traffic studies, environmental impact assessments, fiscal
impact studies, groundwater analysis, wetland determinations, utility
studies, perspective views, aerial photos, building material samples,
or similar items
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Other information required by the Zoning Administrator deemed
necessary to evaluate compliance with other applicable provisions
of this chapter
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Information items required for final site plan review may, at
the Planning Commission's discretion, also be required for preliminary
site plan review
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B.
The Planning Commission, in the case of full site plan review, and
the Zoning Administrator, in the case of administrative site plan
review, may waive any element, component or other matters otherwise
required to be included in a site plan or a site plan application,
if such matters are not deemed necessary for review and consideration
of the proposed land use.
C.
The Zoning Administrator may refer to the Planning Commission for
decision an application and site plan for administrative site plan
review, or any part thereof.
D.
Before submitting an application for site plan review, an applicant
is encouraged to meet with the Zoning Administrator and/or other Township
representatives for the purpose of describing the proposed land use
or development, providing information, obtaining Township guidance
and for related purposes. At such a conference, no Township action
will be taken, nor will comments or statements made by Township representatives
be in any way binding on the Township. The applicant shall pay the
required Township fee for the conference to defray the Township's
expense for the services of consultants at the meeting or in connection
with the application and other related expenses.
A.
Preliminary site plan review.
(1)
An applicant may submit a preliminary site plan with that number
of copies required by the Zoning Administrator, but is not required
to do so. The submission of a preliminary plan may be helpful to the
applicant and to the Planning Commission or Zoning Administrator to
promote discussion, to identify issues or concerns as to the site
plan, to consider alternative approaches and for other purposes.
(2)
In addition to the preliminary site plan, an applicant shall
submit a completed application form and pay the required application
fee. The Zoning Administrator shall determine whether the application
form and the preliminary site plan are complete. If they are not complete,
they shall be returned to the applicant for completion.
(3)
If the preliminary site plan and the application form are complete,
the Zoning Administrator shall forward copies to the Township Planner,
Engineer, Fire Chief and others as necessary for review and comment
or report to the approving authority, whether the Planning Commission
or the Zoning Administrator.
(4)
The Zoning Administrator shall forward copies of the preliminary
plan to the Planning Commission prior to the meeting at which it will
be considered. If the land use is subject to administrative site plan
review, the Administrator shall consider whether to approve the preliminary
site plan. The Planning Commission and the Zoning Administrator may
make recommendations to assist the applicant in preparing a final
site plan.
B.
Final site plan review.
(1)
An applicant shall submit a final site plan for review by the
Planning Commission. A preliminary site plan need not first be submitted
if the applicant elects not to do so. If a preliminary plan was submitted
and reviewed, the final site plan shall generally conform to the preliminary
plan.
(2)
The applicant shall submit the final site plan with that number
of copies required by the Zoning Administrator. The Zoning Administrator
shall determine whether the application and the final site plan are
complete. If they are complete, the Administrator shall forward them
to the Planning Commission.
(3)
The Planning Commission shall review the final site plan at a public meeting of the Commission, in accordance with the standards for approval of site plans as stated in § 450-22.08. The Commission shall approve, deny or approve with conditions the final site plan. The terms and conditions under which the site plan is approved shall be stated in the minutes of the meeting or in a resolution adopted by the Commission. If the site plan is disapproved, the reasons for disapproval shall likewise be stated in the minutes of the meeting or in a resolution.
(4)
Upon approval of the final site plan, all terms and conditions
of approval and required revisions or modifications of the plan shall
be deemed a part of the approved site plan.
(5)
If the plan is approved with conditions, the applicant shall
revise the plan and submit a revised final site plan to the Zoning
Administrator, who shall determine whether the revised plan complies
with all conditions of approval. The Administrator may forward the
revised plan to other Township staff and to Township consultants for
review, as deemed necessary.
(6)
Upon approval of the final site plan, including any required
revisions, three copies of the plan shall be stamped as approved,
dated and signed by the Zoning Administrator, one of which shall be
given to the applicant and one of which shall be provided to the Township
Building Official. Other copies shall be distributed to appropriate
Township staff and retained in Township files.
(7)
All subsequent actions relating to the land use shall be consistent
with the approved site plan. Any construction, land use or other activity
carried out contrary to or not in conformity with the approved site
plan shall be a violation of this chapter.
(8)
If there is any construction work or other activity that does
not comply with the approved site plan, the Township may issue a stop-work
order, whereupon all work in violation of or inconsistent with the
approved site plan shall cease, or all work specified in the stop-work
order shall cease, until the order is withdrawn or until there is
other satisfactory resolution of the noncompliance.
C.
Phased developments. If a proposed development is to be carried out
in two or more phases, final site plan approval may be granted for
all phases or for a single phase. Such approval for a single phase
may be given if the applicant has submitted a complete plan of the
development showing all proposed phases and if such plan was first
approved by the Planning Commission as a preliminary site plan. In
such a case, each subsequent phase, when ready for Township consideration,
shall be submitted for final site plan approval; each subsequent phase
shall be consistent with the preliminary site plan of the entire development,
unless otherwise approved by the Planning Commission. In the consideration
of a preliminary site plan of an entire development that will be constructed
in phases, the Planning Commission may require information beyond
that otherwise required for preliminary site plan review if, in view
of the proposed subsequent phases, more detailed information is necessary
in order for the Planning Commission to reach a decision as to preliminary
site plan approval. Such additional information may include, among
other matters, the number of phases proposed and the locations and
other details of the streets, utilities, stormwater drainage systems
and other systems and construction common to the entire development.
The Planning Commission, or the Zoning Administrator in the
case of administrative site plan review, shall approve the site plan
only if the plan complies with the following standards and requirements:
A.
The site plan shall comply with all standards of this section and
all applicable requirements of this chapter and all other applicable
laws and regulations. Approval may be conditioned on the applicant
receiving necessary county, state or federal permits before receiving
final site plan approval.
B.
The site shall be designed in a manner that is harmonious, to the
greatest extent possible, with the character of the surrounding area.
C.
All elements of the site plan shall be designed to take into account
the site's topography, the size and type of lot, the character of
adjoining property and the type and size of buildings. The site shall
be developed so as not to impede the normal and orderly development
or improvement of surrounding property for uses permitted in this
chapter.
D.
The landscape shall be preserved in its natural state, insofar as
practical, by removing only those areas of vegetation or by making
those alterations to the topography which are reasonably necessary
to develop the site in accordance with the requirements of this chapter.
E.
The development shall conform to the goals and policies of the Township
Master Plan.
F.
The site must be designed so as to minimize hazards to adjacent property
and to reduce the negative effects of traffic, noise, smoke, fumes
and glare to the maximum extent possible.
G.
Unless a more specific design standard is provided for in this chapter
or other applicable regulations, all uses and structures subject to
site plan review shall comply with the following design standards:
(1)
Traffic circulation. The number, location, size of access and
entry points, and internal vehicular and pedestrian circulation routes
shall be designed to promote safe and efficient access to and from
the site and circulation within the site. In reviewing traffic features,
the number, spacing, and alignment of existing and proposed access
points shall be considered relative to their impact on traffic movement
on abutting streets and adjacent properties. Provision shall be made,
to the maximum extent possible, for the extension of streets and walkways
to connect with and serve adjacent development, both existing and
future.
(2)
Stormwater drainage. Stormwater detention and drainage systems shall be designed so that the removal of surface waters will not adversely affect the subject property, neighboring properties or public stormwater drainage systems. Unless impractical, stormwater shall be removed from all roofs, canopies and paved areas by underground surface drainage systems. The use of detention/retention ponds may be required. Catch basins may be required to contain oil filters or traps to prevent contaminants from being discharged to the natural drainage system. All stormwater drainage measures shall comply with Chapter 388, Stormwater Management, of the Code of the Township of Cannon.
(3)
Natural drainage. Areas of natural drainage such as swales,
wetlands, ponds, or swamps shall be protected and preserved, insofar
as practical, in their natural state to provide areas for natural
habitat, preserve drainage patterns and maintain the natural characteristics
of the land.
(4)
Landscaping. The landscape shall be preserved in its natural
state, insofar as practicable, by minimizing unnecessary tree and
soil removal. Any grade changes shall be in keeping with the general
appearance of neighboring developed areas. Provision or preservation
of landscaping, buffers, or greenbelts may be required to ensure that
the proposed uses will be adequately buffered from one another and
from surrounding property.
(5)
Screening. Where commercial uses abut residential uses, appropriate
screening consisting of attractively designed, opaque fencing or equivalent
landscaping shall be provided so as to shield residential properties
from noise, headlights and glare.
(6)
Snow storage. Reasonable accommodation shall be made on the
site for the stockpiling of snow from parking lots, roads, and other
surfaces that must be kept clear during winter months.
(7)
Outdoor lighting. Outdoor lighting of buildings or structures shall be minimized to reduce light pollution and preserve the rural character of the Township. Exterior lighting shall be arranged so that illumination is deflected away from adjacent properties and so that it does not interfere with the vision of the motorists along adjacent streets. Flashing or intermittent lights shall not be permitted. Reduction of outdoor lighting during nonbusiness hours may be required. All exterior lighting shall comply with Chapter 282, Lighting, Outdoor, of the Code of the Township of Cannon.
(8)
Utility services. All utility services shall be underground,
unless impractical.
(9)
Exterior uses. Exposed storage areas, machinery, heating and
cooling units, service areas, loading areas, utility buildings and
structures, and similar accessory areas shall be located so as to
have a minimum negative effect on adjacent properties and shall be
screened, if reasonably necessary, to minimize their visibility and
ensure compatibility with surrounding properties.
(10)
Water supply and sanitary sewer service. Water supply and sanitary
sewer systems and installations shall comply with all applicable Township
requirements.
(11)
Pedestrian circulation. In the approval of a site plan, the
Planning Commission and/or Zoning Administrator, as appropriate, may
require the providing of sidewalks or similar measures for pedestrian
circulation.
(12)
Signs. All signs shall comply with applicable provisions of Article 25 and other applicable sign provisions in this chapter.
(13)
Parking and loading. All off-street motor vehicle parking areas and all loading and unloading areas shall comply with all applicable provisions of Article 27 of this chapter.
(14)
Emergency vehicle access. All lands, buildings and structures
shall be readily and safely accessible for emergency vehicles and
emergency personnel.
A.
The Planning Commission, or the Zoning Administrator in the case
of administrative site plan review, may impose reasonable conditions
on the approval of a site plan. Such conditions may include but need
not be limited to conditions necessary to insure compatibility with
adjacent land uses; to promote the use of land in a socially and economically
desirable manner; to protect the natural environment and conserve
natural resources; and to ensure that public services and facilities
affected by a proposed land use or activity will be capable of handling
increased service and facility demands caused by the land use or activity.
B.
All terms and conditions of approval shall be set forth in writing,
either on the site plan, in a resolution of the Planning Commission
or written approval by the Zoning Administrator, in the minutes of
a Planning Commission meeting or in an attachment to the site plan.
The Planning Commission, or the Zoning Administrator in the case of administrative site plan review, may require reasonable performance guarantees, in accordance with § 450-32.07, to assure the completion of required improvements.
A.
Approval of a site plan shall be effective for a period of one year,
but such effectiveness shall continue so long as the development and
construction of the land use covered by the site plan commences within
one year and is diligently pursued thereafter. In the absence thereof,
the approval of the final site plan shall be null and void.
B.
The Planning Commission, or the Zoning Administrator in the case
of an administrative site plan review, may authorize one extension
of up to one additional year for commencement of construction and
diligent progress thereafter. Such extension shall be granted only
on the basis of evidence submitted by the applicant that there is
a reasonable likelihood of construction commencing and continuing
within the period of the proposed extension.
C.
A written request for an extension of up to one year after the original
one year time limit shall be submitted by the applicant not later
than one year following the date of original approval of the site
plan.
A.
An approved site plan may not be changed, and development in accordance
with a changed site plan may not take place, unless the changes in
the site plan have been reviewed and approved in accordance with this
section.
B.
An applicant shall submit an application for approval of any proposed
change in the approved site plan. The application shall be accompanied
by a site plan showing the change or changes for which approval is
being requested. Any required application fee shall be paid at the
time the application and proposed revised site plan are submitted,
together with any required zoning escrow deposit for reimbursement
of Township expenses in the matter.
C.
A minor change in an approved site plan may be approved by the Zoning
Administrator upon a determination that the proposed minor change
will not alter the basic design of the development or any specific
terms and conditions imposed in the approval of the site plan.
D.
Only the following changes in a site plan shall be deemed to be minor
changes:
(1)
Reduction of the size of any building and/or sign.
(2)
Movement of buildings and/or signs by no more than 10 feet.
(3)
Plantings approved in the site plan landscape plan being replaced
by similar types of landscaping.
(4)
Changes of building materials to a higher quality.
(5)
Changes in floor plans which do not alter the character of the
use.
(6)
Internal rearrangement of a parking lot which does not affect
the number of parking spaces or alter access locations or design.
(7)
Changes required or requested by the Township or county, state,
or federal agencies for safety reasons.
(8)
Changes which will preserve the natural features of the site
without changing the basic site layout.
(9)
Other similar changes of a minor nature proposed to be made
to the configuration, design, layout or topography of the site plan
which are deemed by the Zoning Administrator to be not material or
significant in relation to the entire site and which the Zoning Administrator
determines would not have any significant adverse effect on adjacent
or nearby lands or the public health, safety and welfare.
E.
The Zoning Administrator may refer any proposed minor change to the
Planning Commission for review and approval.
F.
If the proposed change in the site plan is not a minor change in
accordance with this section, the change shall be considered only
in accordance with the requirements and procedures for the approval
of an original site plan, whether under the provisions herein for
full site plan review or administrative site plan review.
A.
Any applicant who disagrees with a site plan decision made by the
Zoning Administrator may appeal that decision to the Planning Commission.
The appeal shall be in writing and shall be filed with the Zoning
Administrator not later than 14 days after the decision. The appeal
shall state specifically the matters being appealed and the factual
basis for each. An appeal stays the issuance of any permits that otherwise
might be issued for the construction of buildings or other development
within the lands included in the approved site plan.
B.
Upon receiving the appeal, the Planning Commission shall include
the matter on the agenda of its next convenient meeting. Upon consideration
of the appeal, the Planning Commission shall review the record of
action taken by the Zoning Administrator. The party appealing may
submit written materials bearing on the appeal. Written material in
support of the decision may also be submitted by or on behalf of the
Zoning Administrator.
C.
In considering the appeal, the Planning Commission shall determine
whether the record supports the action taken with respect to the matter
being appealed. The Commission may affirm the decision being appealed,
it may reverse the decision or it may affirm the decision in part
and reverse it in part. In making a decision on the appeal, the Commission
shall prepare and approve written findings in support of its decision.
Such findings shall be included in the minutes of the proceedings
or in a resolution adopted by the Commission.
D.
If the Planning Commission's decision is to reverse or modify the
decision of the Zoning Administrator, the applicant shall prepare
a revised site plan, accurately including the changes or other matters
resulting from the Planning Commission's decision on the appeal. The
revised plan shall be subject to the approval of the Zoning Administrator,
consistent with the terms of the decision on appeal. No permits shall
be issued, nor shall work commence, until the revised plan has been
approved.
