(A) Prior to the erection of any building or structure or additions thereto, change in use in any zoning district, any land use requiring special approval or any planned unit development, a site plan shall be submitted for review and approval. This review and approval shall be performed by the Zoning Administrator or by the Township Planning Commission.
(B) Site plan review by the Township Planning Commission. The Township Planning Commission shall review all other structures and uses of land or building not covered herein and the following site plan review procedures shall be followed.
(1) Administrative site plan review by the Zoning Administrator.
(a) The Zoning Administrator shall perform a site plan review for:
1. A residential structure having two or fewer dwelling units therein and accessory structures and uses;
2. A change in the use of a structure or land that does not require additional parking and does not involve structural alterations;
3. A commercial accessory building containing 1,000 square feet or less;
4. An addition to an existing structure if the addition totals 10% or less of the existing structures or 1,000 square feet, and only if the addition will be surfaced with material or materials which do not differ from materials on the existing structure;
5. An addition to parking o less than 10% of the existing parking area that does not alter circulation;
6. A change in the intensity of a use, which may include new services or expanded hours of operation or other such similar changes that impact the way in which the business relates and impacts neighboring properties and traffic patterns;
7. In order to perform this review, the Zoning Administrator may require the submission of information set forth in this section.
8. The Zoning Administrator will transmit copies of the site plan to the departments as appropriate for review. Upon receiving recommendations from the different departments, the Zoning Administrator shall transmit the recommendations to the applicant, and if the applicant concurs with the staff recommendations, the site plan will be approved along with all the recommendations, the site plan will be approved with all the recommendations as agreed to by the applicant.
(b) In instances where the applicant does not concur with recommendations or where the Zoning Administrator deems Planning Commission review necessary during the administrative site plan review, the applicant or the Zoning Administrator may request the site plan be transmitted to the Township Planning Commission. The applicant will be required to pay the appropriate associated fee for site plan review.
(2) Site plan review by the Township Planning Commission. All other structures and uses of land or buildings not covered herein shall be reviewed by the Township Planning Commission, and the following site plan review procedures shall be followed.
(a) Application deadlines. If a zoning application requires a site plan review by the Planning Commission pursuant hereto, a complete application package must be received according to the policy and procedure set by the Township Planning Commission.
(b) Application. The application requesting a site plan review must be accompanied by a fee, as established by the Township Board. The application will not be reviewed until all requirements are met, including the requirements that the fee has been paid. The site plan must include all relevant items listed below.
1. Scale. The site plan must be drawn to a consistent scale of not less than one inch equals 50 feet (1" = 50') for sites of three acres or less, or one inch equals 200 feet (1" = 200') for larger sites.
2. Identification. The applicant's name, address and telephone number and the name and address of the firm(s) responsible for preparation of the site plan must be included. If the applicant does not own the property, the owner must be identified and must sign a statement certifying that the applicant is acting in the owner's behalf.
3. Property information. The site plan must accurately depict the subject property and land adjacent to and across any thoroughfare from, including all existing and proposed easements or rights-of-way. Zoning of the site and the adjacent properties, and the current use of the site and of adjacent properties, must be identified. A legal description and computation of the area of the property must accompany the site plan.
4. Site features. The site plan should depict existing environmental conditions, including the location of wooded areas, isolated trees over six inches in diameter, topography, wetlands, any existing structures, including any site contamination, including those proposed for removal, and other significant conditions. The approximate location and use of structures and the location of the nearest driveways on adjacent or opposing parcels should be shown.
5. Transportation features. The site plan must show the location and surface type of all existing and proposed roads, access drives, internal vehicle circulation areas, all turning radii, parking lots (including number and location of handicapped parking spaces), sidewalks, loading areas or docks, truck bays and refuse pickup stations. Developments located within Cardinal Square shall follow the guidelines, as listed in § 155.332.
6. Utilities. The site plan must show the location and size of all existing and proposed public utilities. Waterline information shall include location of existing and proposed fire hydrants and valves. Sanitary sewer information shall include location of any pumping station and approximate location of manholes. Storm drainage information shall include any enclosed drains, flow restrictors and on-site retention. The site plan must also include any existing or proposed private utilities, such as natural gas, electricity, telephone and cable television.
7. Site drainage and grading. The site plan must show the location of storm drains, invert elevations, proposed finished grades, drainage ditches, catch basins, manholes, flow restrictors and on-site retention. Allowable discharge and on-site storage calculations must also be included.
8. Structures. The site plan must show the location and dimensions, including height, of all proposed buildings, accessory structure and related features. Schematic plans and elevations of all structures must be included. The site plan should also show the location, arrangement, dimensions and type of proposed signs, lighting, landscaping, screening, fences, and decorative walls. Developments located within the Cardinal Square shall follow the guidelines as listed in § 155.332. For multi-family housing developments, the number of units in each building must be identified.
9. Supplementary materials. The site plan shall be complemented by any additional information that, in the Zoning Administrator's discretion, is important for the site plan review process. Applicants shall be responsible for all costs of required supplementary materials. This could include, but not be limited to, an assessment of the proposed project's impact on environmental, historic, social or economic conditions; traffic studies; or proposed measures to control or mitigate such impacts as noise, smoke, particulates, vibration, odors or fire hazards.
10. Materials Board. The Township Zoning Administrator may request a materials board be submitted at the time of the site plan review. This Board shall contain small, representative samples of all the exterior finishes proposed for the structure and associated elements of the site. This Materials Board will become part of the approval and will be used to ensure compliance.
(c) Decision guidelines for site plan review. In order that buildings, open space and landscaping will be in harmony with other structures and improvements in the area, and to assure that no undesirable health, safety, noise and traffic conditions will result from the development, the Township Planning Commission shall determine whether the site plan meets the following criteria, unless the Township Planning Commission determines that one or more of the criteria are inapplicable.
1. The site plan shall comply with all requirements of the applicable zoning district and design guidelines, unless otherwise provided in this chapter.
2. The site plan is consistent with the intent and purpose of the ordinance and the intent of the district in which it is located.
3. The vehicular transportation system shall provide for circulation throughout the site and for efficient ingress and egress to all parts of the site by fire and safety equipment.
4. Recreation and open space areas shall be provided in all multiple-family developments.
5. All developments occurring within the defined boundaries of Cardinal Square should follow the design guidelines contained in this chapter.
6. The requirements for screening, fencing, walls and other protective barriers shall be complied with as provided in this chapter.
7. Pedestrian walkways and/or pathways shall be provided as deemed necessary by the Township Planning Commission for separating pedestrian and vehicular traffic.
8. All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property and type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.
(d) Approval process. The site plan shall be reviewed by the Township Planning Commission and shall be approved, disapproved, approved with specific conditions, performance guarantees and/or bond requirements, or tabled as may be deemed necessary to carry out the purpose of this chapter and other codes and regulations of the township. If, during review, the Planning Commission finds a site plan not in conformance with the provisions set forth in this section it may, at its discretion, return the site plan to the applicant with a written statement of the modifications necessary to secure approval.
1. Approval. Following approval of the site plan, it shall become part of the record, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan unless a change or addition conforming to this chapter received the mutual agreement of the landowner and the Township Planning Commission or Zoning Administrator, as appropriate. Incidental and minor variations of the approved site plan with written approval of the Zoning Administrator shall not invalidate prior site plan approval.
2. Denial for specific requirements. In instances where specific dimensional or area requirements of this chapter are not satisfied on the site plan, requests for variance(s) may be initiated by the applicant to the Township Zoning Board of Appeals. Requirements not met are grounds for denial.
(e) Approved site plan.
1. The approved site plan shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan unless a change or addition conforming to this chapter receives the mutual agreement of the landowners and the Township Planning Commission or Zoning Administrator as appropriate. Incidental and minor variations of the approved site plan with written approval of the Zoning Administrator shall not invalidate prior site plan approval.
2. The approved site plan shall be valid for a term of one year. Construction must begin within this time period.
(3) Supplemental cost recovery ordinance of expenses incurred by the township for applications, permits or other similar services provided by the township or its agents. The township ordains.
(a) Purpose. In order to protect the township from extraordinary expenses resulting from the utilization of township resources in response to requests by any individual, firm, corporation, limited liability company, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity, this chapter authorizes the imposition of charges to recover actual costs incurred by the township in response to request for administrative review, mailing, publishing, public hearings, engineering, planning, environmental or fiscal impact consulting assistance, consultants, attorneys' fees, service charges and interest, and any other costs direct or indirect in connection with any established fee whether or not the services are provided by the township or by a third party on behalf of the township.
(b) Definitions. For the purpose of this division (B)(3), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE COSTS. Those costs for services incurred by the township for administrative review, mailing, publishing, public hearings, engineering, environmental or fiscal impact consulting assistance, consultants, attorneys' fees, service charges and interest, and any other costs direct or indirect in connection with any established fee established by the Township Board for various applications, permits, and other similar services whether or not the services are provided by the township or by a third party on behalf of the township.
PROJECT. A specific plan or design beginning when the application is submitted and all associated fees are paid to the township and concluding when the final certificate of occupancy has been issued or when the owner of the property or person with authority to submit the plan or design to the township notifies the township in writing that it plans to abandon the plan or design submitted for a period not less than three months.
RESPONSIBLE PARTY. Any individual or any individual's parent or legal guardian, in the case of a minor, any firm, corporation, limited liability company, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity that is responsible for the payment of any fee to the township, and his, her or their heirs, estates, successors and assigns.
(c) Cost recovery authorization and procedure.
1. The township may recover all assessable costs relating to any application, permit and other similar services from any or all responsible parties jointly and severally.
2. The Township Supervisor, Zoning Administrator, or his or her designee, shall determine the total assessable costs for each various types of applications and administrative review procedures on a per application, review or service basis. In making the determination, the following shall be considered: after consideration of the factors in division (B)(3)(b) immediately above, the Township Supervisor, Zoning Administrator, or his or her designee may allocate assessable costs among and between responsible parties, including allocating all or some of the costs jointly and severally against more than one responsible party.
3. The Township Board shall adopt a fee schedule for various applications, permits, and other similar services which may be amended from time to time by resolution of the Township Board. The fee is only an estimate as actual costs may vary.
(d) Billing and collection of assessable costs.
1. All fees collected with regard to any application, permit or other similar services shall be deposited in a way that expenditures can be tracked and an itemized bill can be provided if requested.
2. If the account in which, the fee collected reaches a zero amount prior to the completion of the review or other action needed to take place, the township shall invoice the responsible party for the estimated additional amount needed to complete the review or other action that needs to take place.
3. If the township needs to invoice the responsible party for the estimated additional amount needed to complete the review or other action needed to take place, the Township Supervisor, or his or her designee shall have the authority to determine if the responsible party's application, permit or other similar service continues in the process or if it the process shall be stopped until the additional requested fee is received and has been cleared by the township's banking institution.
4. Upon the issuance of the final certificate of occupancy for the entire project, the Township Treasurer or his or her designee shall, within 90 days, return to the responsible party any unused funds and an accounting of the expended funds. If all funds are expended, then the Township Treasurer or his or her designee shall only furnish an accounting if so requested by the responsible party.
If the project is of a nature that does not require an issuance of a certificate of occupancy at any time, from the start of the project to the finish, a written determination by the appropriate board or township official stating that the application, permit or other similar services has been completed, the Township Treasurer or his or her designee shall within 90 days return to the responsible party any unused funds and an accounting of the expended funds. If all funds are expended, then the Township Treasurer or his or her designee shall only furnish an accounting if so requested by the responsible party.
(e) Procedure for appealing assessable costs.
1. Any responsible party who receives an accounting of assessable costs shall have an opportunity to meet with the Township Supervisor or his or her designee to request a modification of assessable costs. The responsible party shall request a meeting with the Township Supervisor in writing within seven calendar days of the date of receipt of the accounting of assessable costs. The meeting shall take place no later than 14 calendar days after the Township Supervisor receives the written request.
2. If, after meeting with the Township Supervisor or his or her designee, the responsible party is still not satisfied, he or she may appear before the Township Board to further request a modification of assessable costs. A responsible party who desires to appear before the Township Board must first meet with the Township Supervisor or his or her designee as provided above and shall file a written request to appear before the Township Board with the Township Clerk within seven calendar days after the date of the meeting with the Township Supervisor. Any filed request to appear shall specifically identify and explain all reasons why the responsible party believes the assessable costs should be modified. Any reason, basis or argument for modification of assessable costs not set forth in the request to appear shall be deemed waived by the responsible party, unless the information presented is a new matter that was unknown to the applicant at the time the request to appear before the Township Board was made.
3. Upon receipt of the request, the Township Clerk will place the responsible party on the agenda of the next regularly scheduled Township Board meeting, which meeting is at least 14 calendar days after the date on which the responsible party files the request to appear.
4. Failure to timely file a written request to appear either before the Township Supervisor or the Township Board shall constitute a waiver of the responsible party's right to appear before the Township Board; and shall further constitute the responsible party's agreement to pay the assessable costs.
5. After a responsible party has been given an opportunity to appear before it, the Township Board shall promptly determine whether to confirm, modify or void the payment of assessable costs invoiced and notify the responsible party in writing within 30 days of its decision.
(f) No limitation of liability. The recovery of assessable costs pursuant hereto does not limit the liability of a responsible party under applicable local, state or federal law.
(g) Severability. The provisions of this section are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of the section other than the part of portion thereof.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 08-03, passed 9-16-2008; Ord. 09-02, passed 10-20-2009; Ord. 12-001, passed 2-21-2012)