Purpose.
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.
Site plan review required; types.
Land uses exempt from site plan review.
The following land uses are exempt from site plan review:
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: Land uses exempt from site plan review.
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.
F. Open space preservation developments under
Article 29: Open Space Preservation Developments.
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.
J. Any change in a land use that does not qualify as a minor change under
§ 450-22.12: Minor changes in approved site plans.
Land uses subject to administrative site plan review.
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: Land uses exempt from site plan review:
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.
Applications for full and administrative site plan review.
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 information in
§ 450-22.06: Applications for full and administrative site plan review.
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.
Procedures.
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.
Standards for review and approval.
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. See also
Storm Water for more information.
(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: Signs in All Districts 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: Off-Street Parking and Loading of this chapter.
(14) Emergency vehicle access. All lands, buildings and structures shall be readily and safely accessible for emergency vehicles and emergency personnel.
Conditions on approval of site plans.
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.
See
Planning Commission for more information on this commission.
Performance guarantee.
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: Security for completion of improvements, to assure the completion of required improvements.
Effectiveness of site plan approval.
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.
Minor changes in approved site plans.
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.
Appeal of site plan decision by Zoning Administrator.
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.
