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(A) Intent. The formulation and enactment of this chapter is based upon the division of the township into districts in each of which are permitted specified uses which are mutually compatible. In addition to such permitted compatible uses however, there are certain other uses which may be necessary or desirable to allow in certain locations in certain districts, but because of their actual or potential impact on neighboring uses or public facilities, need to be carefully regulated with respect to their location and operation for the protection of the township. Such uses, on account of their peculiar location need or the nature of the service offered, cannot be reasonably allowed as a permitted use, but are permitted as special land uses in accordance with this section.
(B) Authority to grant permits. The Planning Commission as hereinafter provided, shall have the authority to recommend to the Township Board to grant special land use permits, subject to such conditions of design operation, and safeguards as the Township Board may determine for all special land uses specified in the various districts provisions of this chapter.
(C) Application and fee. Application for any special land use permit permissible under the provisions of this chapter shall be made to the Planning Commission through the Township Clerk by completion of an official special land use permit application form, submitting a site plan in accordance with §§ 154.100 through 154.108, submitting required data, exhibits and information and depositing the required fee as established by resolution by the Township Board. No part of such fee shall be returnable to the applicant.
(D) Data, exhibits and information required in application. An application for a special land use permit shall contain the applicant’s name and address in full, a statement that the applicant is the owner involved or is acting on the owner’s behalf, the address of the property involved; an accurate survey drawing of said property showing the existing and proposed location of all structures thereon, the types thereof and their uses; and a statement of supporting data, site plan, exhibits, information and evidence regarding the required findings set forth in this chapter.
(E) Public hearings. After a preliminary review of the site plan and application for a special land use permit, the Planning Commission shall hold a public hearing. Notice of the public hearing shall be given by one publication in a newspaper of general circulation in the township within 15 days, but not less than five days next preceding the date of said hearing. Notice of public hearing shall be sent at least ten days prior to the hearing to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to occupants of all single- and two-family dwellings within 300 feet. The property in question shall also be conspicuously posted at least ten days prior to the hearing.
(F) Required standards and findings for making determination. The Planning Commission shall review the site plan and the particular circumstances and facts of each proposed use in terms of the following standards and required findings, and shall find and record adequate data, information and evidence to determine if such a use on the proposed site, lot or parcel meets the following requirements:
(1) Will be harmonious with and in accordance with the general objectives, intent and purposes of this chapter;
(2) Will be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with existing or intended character of the general vicinity;
(3) Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;
(4) Will not be hazardous or disturbing to existing or future neighboring uses;
(5) Will not create excessive additional requirements at public cost for public facilities and services; and
(6) All standard specific and applicable to special land uses identified in other sections of this chapter shall apply.
(G) Determination and imposition of conditions. If the facts presented in the application, and the review and hearing procedures established herein do no reasonably establish that the findings and standards set forth in the chapter will apply to the proposed use, the Planning Commission shall not recommend to the Township Board that said Township Board grant a special land use permit. In recommending that a special land use permit be granted, the Planning Commission shall recommend such conditions of use as it deems necessary and reasonable, and the reasons therefore to protect the best interest of the township and the surrounding property owners and occupants to achieve the objectives of this chapter. These conditions may include conditions necessary to ensure that public services and facilities affected by proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land and to promote the use of land in a socially and economically desirable manner.
(H) Approval, grant or permit.
(1) Upon holding a public hearing and the finding that the requirements of divisions (A) through (F) above have been satisfactorily met by the applicant, the Planning Commission shall, within 30 days, recommend approval, approval with conditions or disapproval to the Township Board. When the Board gives final approval, a special land use permit shall be issued to the applicant.
(2) The Township Board shall, within 60 days, approve, approve with condition or disapprove or such permit, and if approved, it shall forward copies of this permit to the applicant, Clerk, Zoning Inspector and Planning Commission.
(3) Approval and issuance of a special land use permit by the Township Board shall signify prior approval of the application and site plan, therefore including any modification and any conditions imposed where necessary to comply with this chapter. The site plan, as approved, and any statements of conditions and modifications shall become part of the special land use permit and shall be enforceable as such.
(4) The decision to approve or disapprove a request for a special land use permit shall be retained as a part of the record of action on the request and shall incorporate a statement of conclusions which specify: the basis for the decision; any changes to the originally submitted application and site plan necessary to ensure compliance with the chapter; and any conditions imposed with approval. Once a special land use permit is issued, all site development and use of land on the property affected shall be consistent with the approved special land use permit, unless a change conforming to chapter requirements receives the mutual agreement of the landowner and the Township Board upon recommendation of the Planning Commission and is documented as such. The developer/owner shall agree in writing to the conditions set forth as recommended to and approved by the Township Board by the Planning Commission. Then, the Zoning Administrator shall not issue a zoning compliance permit until he or she has received a copy of the special land use permit approved by the Township Board and has determined that the stipulated conditions have been met.
(I) Voiding of special land use permit.
(1) Any special land use permit granted under this chapter shall become null and void and fees forfeited unless construction and/or use is commenced within a period of not more than 210 days and completed within a period of not more than 575 days of the date of issuance. The period for initiating and completion of said special land use shall be determined at the time that the special land use permit is granted. No use provided for under the special land use granted shall be initiated until all the terms and conditions of the special land use permit are met.
(2) A violation of a requirement, condition or safeguard shall be considered a violation of this chapter and grounds for the Township Board to terminate and cancel such special land use permit.
(J) Performance guarantee. In authorizing a special land use permit, the Township Board may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond be furnished by the developer to ensure compliance with an approved site plan and the special land use permit requirements. Such guarantee shall be deposited with the Township Clerk at the time of the issuance of the special land use permit. In fixing the amount of such performance guarantee, the Township Board shall limit the amount to reasonable improvements required to meet the standards of this chapter and to protect the natural resources or the health, safety and welfare of the residents of the township and future users or inhabitants of the proposed project or project area. These improvements may include, but are not limited to roadways, lighting, utilities, sewer, water, screening and drainage. The term “improvements” does not include the entire project which is the subject of special land use permit approval not to improvements for which a performance guarantee has been deposited pursuant to Public Act 288 of 1967, being M.C.L.A. §§ 560.101 through 560.293, as amended. The Township Board and the project developer shall establish an agreeable procedure for the rebate of any cash deposits required under this section, in reasonable proportion to the ratio of the work completed on the required improvements as work progresses. Said agreement shall be written as an element of the conditions surround the approval of the special land use permit.
(Ord. 1, passed 11-13-2000, § 3.11)