§ 150.276 AMENDMENT OF APPROVED SITE PLAN.

   (A)   (1)   A site plan may be amended upon application and in accordance with provisions and the procedures provided in § 150.273 for a final site plan.

      (2)   Site plans amended in order to be brought into compliance with the requirements of governmental agencies of authority, other than Summit Township, are subject to the provisions of this chapter.

      (3)   The Township Zoning Administrator shall have the authority to determine if a proposed change is substantive and therefore requires an amendment to the approved site plan.

   (B)   Minor changes of an approved final site plan may be incorporated without amendment to the approved preliminary site plan at the discretion of the Planning Commission.

   (C)   (1)   No deed recorded pursuant to an approved site plan may be changed, altered, or amended, nor shall any document recorded pursuant to an approved site plan deviate from the site plan submitted to the Planning Commission by the alteration or changing of the area, size, dimensions, or lot lines of any lot or unit.

      (2)   All the changes must be re-submitted to the Planning Commission upon application and in accordance with the provisions and the procedures provided in § 150.273 for site plan review, and subject to the costs provided in § 150.281.

      (3)   Notwithstanding the foregoing, the Zoning Administrator, at his or her sound discretion, may approve an amendment to an approved site plan which alters, or changes, the area, size, dimensions, or lot lines of a lot or unit but only in the following circumstances:

         (a)   No lots or units in the development have been sold to a third party by the developer;

         (b)   The proposed alterations or changes may only be approved if the resulting lots or units comply in every respect with the requirements of all statutes and ordinances which apply, including, but not limited to, ordinance requirements which pertain to width, frontage, area, access, setback, and the like; and

         (c)   In consideration whether to exercise the discretion granted the Zoning Administrator pursuant to this sub-section to approve a proposed change without Planning Commission approval, the Zoning Administrator shall specifically determine that the granting of administrative approval is consistent with the spirit and intent and will not be injurious to the general health, safety and welfare of the township and surrounding neighborhood.

         (d)   To the extent that the Zoning Administrator exercises discretion granted under § 150.276 the Zoning Administrator will file a report with the Township Board.

(Ord. -, Article V, § 5.6.6, passed 9-12-2006; Am. Ord. passed 3-28-2017)