A. Intent.
The procedures and standards in this section are intended to provide a uniform method for review of
proposals. These procedures and standards are intended to assure full compliance with the standards contained in this Ordinance, particularly Article 25.00, and other applicable local ordinances and state and federal laws.
The approval of a
application shall require an amendment to the Zoning Ordinance to revise the zoning map and designate the subject property as “PD,
.” Approval granted under this article, including all aspects of the final plan and conditions imposed on it, shall constitute an inseparable part of the zoning amendment.
B. Summary of review procedures. A summary of the steps involved in the review of
applications follows:
Review Procedures
|
Zoning Ordinance Section
|
Review Procedures
|
Zoning Ordinance Section
|
Step 1 Optional pre-application conference | 29.04 (D) |
Step 2 Submit conceptual review application | 29.04 (E) |
Step 3 and conceptual review | 29.04 (E) |
Step 4 Submit Phase 1 application | 29.04 (F) |
Step 5 Public hearing | 29.04 (F3) |
Step 6 Phase 1 review | 29.04 (F4) |
Step 7 Submit Phase 2 (final) review application | 29.04 (G) |
Step 8 final review and action | 29.04 (G2) |
Step 9 Submit proposal to County Coordinating Committee (if required) | 29.04 (H) |
Step 10 final review and action | 29.04 (I) |
A detailed explanation of the review procedures follows:
C. General application requirements. The application for
shall be made on the forms and according to the guidelines approved by the
. The application shall be submitted to the Williamstown Township Hall and shall be accompanied by all required fees and documents as specified herein. The applicant or a designated representative shall be present at all scheduled review meetings or consideration of the plan may be tabled due to lack of representation.
D. Pre-application conference.
In order to facilitate review of a
proposal in a timely manner, the applicant may request an informal pre-application conference with members of the
and/or
and/or Township Planning staff. The purpose of such a conference is to provide information and guidance to the applicant that will assist in preparation of the application and supporting materials.
The applicant shall present at such a conference or conferences, at minimum, a sketch plan of the proposed
, plus a legal description of the property in question; the total number of acres in the project; a statement of the approximate number of residential units and the approximate number of acres to be
by each type of use; the number of acres to be preserved as open or recreational space; and, all known
and natural features to be preserved.
No formal action shall be taken at a pre-application conference. There shall be no fee for a pre-application conference. At any time during the course of preparation of plans prior to submission of a formal application, the
shall upon request provide information concerning Zoning Ordinance procedures and standards.
E. Conceptual review.
projects are required to undergo a conceptual review process in order to facilitate a complete and thorough review prior to approval. This requirement is deemed necessary because
projects are generally large or complex projects with higher intensity
that could have a major impact on surrounding land uses and significantly affect the health, safety, and general welfare of
residents.
1. Conceptual review procedure. All
projects shall undergo a conceptual review, which shall be undertaken by the
and the
at public meetings held pursuant to all applicable notice requirements. The
and
may meet jointly to complete the conceptual review. No formal action shall be taken on a plan submitted for conceptual review. Upon completion of the conceptual review by the
and
, the minutes of the conceptual review meetings shall be prepared and be made available during the formal consideration of the proposal.
2. Information required for conceptual review. The information required for conceptual review shall be provided according to the requirements of § 29.04(N) of this Ordinance and shall be submitted to the Township Hall at least 21 calendar days prior to the meeting for conceptual review.
3. Effect of conceptual review. The conceptual review shall not constitute any form of approval of the
or the site plan. The process is intended to facilitate final review and to give the applicant an indication of the issues and concerns that must be resolved prior to final approval of the site plan for the
project.
F. Phase 1 Review.
projects shall undergo a two-step plan review and approval process. The procedures for Phase 1 review are outlined in this subsection. The Phase 1 site plan shall be subject to the site plan review requirements in § 29.02 of this Ordinance, where applicable, as well as the additional requirements in this section.
1. Information required for preliminary plan review. The information required for preliminary plan review shall be provided according to the requirements of § 29.04(N). The applicant shall submit three individually folded copies and one digital copy and supporting materials. These materials shall be submitted to the
no later than noon 21 calendar days prior to the
meeting at which the review is requested.
2. Professional review. The
may request professional review of the preliminary plans by appropriate agencies or consultants, such as the
and
. If such review is requested, the designated agencies or consultants shall prepare and transmit reports to the
stating their findings and conclusions and any recommended changes or revisions. The
shall require the applicant to pay the cost of any such review fees.
3. Public hearing. The
shall hold a public hearing on any
proposal before it is approved.
a. Scheduling a public hearing. The
shall schedule a public hearing after any designated agencies or consultants have completed their review and submitted their findings concerning the proposed project.
b. Notice requirements. Notice of the public hearing shall be published in a newspaper which circulates in the
, and sent by mail or personal delivery to the owners of property for which approval is being considered, to all persons to whom
is assessed within 500 feet of the boundary of the property in question, and to the occupants of all
within 500 feet. Such notice shall be given not less than five days nor more than 15 days before the public hearing scheduled. Such notification shall be made in accordance with the provisions of Section 103 of Michigan Public Act 110 of 2006, being M.C.L.A. §§ 125.3101 through 125.3702, as amended. Accordingly, the notice shall:
1) Describe the nature of the
project requested;
2) Indicate the property which is the subject of the request;
3) State when and where the
project will be considered and the public hearing will be held; and
4) Indicate when and where written comments will be received concerning the request.
4.
Phase 1 review. Following the public hearing, the
proposal and plan shall be reviewed by the
in relation to applicable standards and regulations, compliance with the
regulations, and consistency with the intent and spirit of this Article.
a. Phase 1 approval by the
. Based on the standards and requirements set forth in this Ordinance and in this section, the
shall grant Phase 1 approval, preliminarily approve subject to conditions, or deny the proposed
project and site plan.
b. Effect of Phase 1 approval or denial.
A Phase 1 approval shall mean that the
project and plan meet the requirements of this Ordinance. Subject to any conditions imposed by the
as part of its motion, Phase 1 approval assures the applicant that the
will grant final approval if:
1) All state and county approvals are obtained;
2) No unresolved negative comments are received by any governmental agencies or public utilities; and
3) All federal, state, and local laws and ordinances are met.
An unresolved negative comment shall be one that indicates that existence of a condition which is contrary to the requirements of this Ordinance or other applicable ordinances or laws, where such requirement has not been waived or dismissed as a result of an approval by the
and
.
A denial shall mean that the proposed project and plan does not meet the requirements of this Ordinance. Any denial shall specify the reasons for denial and those requirements of the Ordinance that are not met. In the event that the applicant submits a revised plan after the
has issued a denial, the revised plan shall be considered a new case, which shall begin at the first stage of the review process. In order to initiate such review, the applicant shall be required to submit a new review fee.
If the
determines that revisions are necessary to bring the
proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised Phase 1 plan. Following submission of a revised plan, the
proposal shall be placed on the agenda of the next scheduled meeting of the
for further review and possible action.
5. State and county approval.
a. All
projects shall require the review and approval of the agencies listed below prior to final site plan approval. The
may accept a tentative or preliminary approval or a statement from the agency detailing the conditions under which final approval will be granted, provided that such approval or statement provides reasonable assurance to the
that the
complies with the standards of the agencies having jurisdiction.
1) The Ingham County Department of Transportation and Roads or, if any part of the project includes or abuts a state
or includes
or
that connect with or lie within the
of a state
, the Michigan Department of Transportation;
2) The Ingham County Drain Commission;
3) The Ingham County Health Department and the Michigan Department of Environmental Quality shall approve the fresh water system and the waste water disposal system;
4) The Michigan Department of Environmental Quality (MDEQ), if
or other site features are under the jurisdiction of the MDEQ; and
5) Other agencies that have review and approval authority over any aspect of the project.
In the event that negative comments are received from any of these agencies, the
shall consider the nature of such comments with respect to Ordinance requirements, conditions on the site, response from the applicant, and other factual data related to the issue or concern. Negative comments shall not automatically result in denial of the plan, but every effort shall be made to resolve any issues or concerns cited by these agencies prior to taking action on the plan.
b. In addition to the specific required approvals, all
project site plans shall have been submitted to the Michigan Department of Environmental Quality each of the public utilities serving the site, and any other state agency designated by the
, for informational purposes. The
shall consider any comments made by these agencies prior to final site plan approval.
G.
Phase 2 (final) review and recommendation. Phase 2 or final approval shall be considered by the
upon the receipt of all the information required for Phase 2 or final review in § 29.04, subsection N.
1. Submission of revised site plan. The applicant shall submit three individually folded copies and one digital copy of the revised site plans and supporting materials. These materials shall be submitted to the
no later than noon 21 calendar days prior to the
or
meeting at which the review is requested.
2. Final approval by
. The
shall review the application for
, together with the public hearing findings and any requested reports and recommendations from the
,
, Township Public Safety officials,
, and other reviewing agencies. The Township Attorney shall review and comment on the proposed
agreement and all related documents. Based on its review of the proposed plans and supporting documentation, the
shall make findings of fact with respect to compliance with the standards and criteria in this Ordinance. The
shall then set forth its findings and recommendation in a written report to the
, based on the requirements and standards of this Ordinance. The
may recommend approval, approval with conditions, or denial as follows:
a. Approval. Upon determination by the
that the final plan for
is in compliance with the standards and requirements of this Ordinance, including §§ 25.02, 25.03, and 25.05, and other applicable ordinances and laws, the
shall recommend approval.
b. Approval with conditions.
The
may recommend that the
impose reasonable conditions upon the approval of a
, to the extent authorized by law, for the purposes of insuring that public services and facilities affected by the proposed
will be capable of accommodating increased public service loads caused by the
, protecting the natural environment and conserving
and energy, insuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect the
and the public health, safety, and welfare of individuals in the
and those immediately adjacent, and the community as a whole. Conditions imposed shall also be necessary to meet the intent and purpose of this Ordinance and the standards set forth in §§ 25.02, 25.03, and 25.05. In the event that the
is approved subject to specified conditions, such conditions shall become a part of the record of approval, and such conditions shall be modified only as provided in § 29.04(O).
Where construction is not proposed to begin immediately, or where a project is proposed for construction in phases, the
may recommend that final approval be granted subject to subsequent review and approval of detailed site plans for each facility or phase, in accordance with § 29.02, provided that:
1) The location and approximate size of such
shall be shown on the overall plan for the
;
2) Detailed site plans for such
shall be submitted for review and approval in accordance with the site plan review requirements in § 29.02; and
3) Phasing requirements in § 25.06 shall be complied with.
c. Denial. Upon determination by the
that a
proposal does not comply with the standards and regulations set forth in this Ordinance, including §§ 25.02, 25.03, and 25.05, or otherwise would be injurious to the public health, safety, welfare, and orderly
of the
, the
shall recommend denial.
3. Transmittal of findings to
. The
shall prepare and transmit a report to the
stating its conclusions and recommendation, the basis for its recommendation, and any recommended conditions relating to an affirmative decision.
H. Submission to County Coordinating Committee. Following the public hearing, the proposal shall be submitted to the Ingham County Coordinating Committee for review and recommendation if such review is required. If such review is required and a recommendation from the County Coordinating Committee has not been received within 30 days, it shall be presumed that the county has waived its right for review.
I.
action required. Following receipt of the
’s report, the application shall be placed on the agenda of the next scheduled
meeting. The
shall review the final plan and proposed
agreement, together with the findings of the
, and, if requested, any reports and recommendations from consultants and other reviewing agencies. Following completion of its review, the
shall approve, approve with conditions, or deny a
proposal in accordance with the guidelines described previously in § 29.04, subsection G2.
1.
agreement. If the
approves the
proposal, the
and applicant shall execute the
agreement, which shall be recorded in the
of the Ingham County Register of Deeds. Final approval of the
plan shall become effective upon recording of the agreement.
2. Effect of approval. Approval of a
proposal shall constitute an amendment to the Zoning Ordinance. All improvements and use of the site shall be in conformity with the
amendment and any conditions imposed. Notice of the adoption of the amendment shall be published in accordance with the requirements set forth in this Ordinance. The applicant shall record an affidavit with the Register of Deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved
unless an amendment thereto is adopted by the
upon request of the applicant or his or her successors.
J. Recording of
and
action. Each action taken with reference to a
shall be duly recorded in the minutes of the
or
as appropriate. The grounds for the action taken shall also be recorded in the minutes.
K.
- review not required. Upon receiving recommendations from the
, the
has the flexibility to modify standards, provided such modifications achieve recongizable benefits and higher quality
. The
has no authority to review such modifications.
L. Completion of site design.
Following final approval of the planned unit
proposal, a
permit may be obtained for the entire project or specific phases provided that final site plan approval for the project or the phase, as applicable, has been obtained in accordance with § 29.02, and provided further that the engineering plans for the project or the phase, as applicable, have been approved by the
and Building Inspector. It shall be the responsibility of the applicant to obtain all other applicable
, county, or state permits prior to issuance of a
permit.
Construction shall commence on at least one phase of the project within 24 months of final approval. The
may consider a 12 month extension, upon written request from the applicant, if it finds that the approved site plan adequately represents current conditions on and surrounding the site. The written request for extension must be received prior to the 24-month expiration date. In the event that construction has not commenced and a request for extension has not been received within 24 months, the
may initiate proceedings to amend the zoning classification of the site to remove the “PD” classification.
It shall be the responsibility of the owner of a property for which approval has been granted to maintain the property in accordance with the approved
amendment on a continuing basis until the property is razed, or until an amendment to the
is approved. Any property owner who fails to so maintain an approved site design shall be deemed in violation of the Zoning Ordinance and shall be subject to the penalties appropriate for such violation.
Prior to expansion or conversion of a
project to include additional land, site plan review and approval shall be required pursuant to the requirements of this article and Ordinance.
M.
. A
shall be deposited with the
to insure faithful completion of improvements, in accordance with § 2.18.
N. Application data requirements. Applications for
shall include all data requirements specified in this subsection. All information required to be furnished under this subsection shall be kept updated until a certificate of occupancy has been issued pursuant to § 29.07 of this Ordinance.
1. Requirements for conceptual review. The following information shall be provided prior to conceptual review, pursuant to § 29.04 (E):
a. The name, address, and telephone number of:
1) All persons with an ownership interest in the land on which the
project will be located together with a description of the nature of each entity’s interest (for example, fee owner, optionee, lessee, or land contract vendee).
2) All engineers, attorneys, architects, or registered land surveyors associated with the project.
3) The developer or proprietor of the
project.
b. The legal description of the land on which the
project will be developed together with appropriate tax identification numbers.
c. The area of the land (in acres) on which the
project will be developed.
d. An overall conceptual land use plan for the
, drawn to scale. The overall plan shall graphically represent the
concept using maps and illustrations to indicate each type of use, square footage or acreage allocated to each use, and approximate locations of each principal
and use in the
. The overall plan shall indicate types of residential use;
, commercial, industrial, and other nonresidential uses; each type of
; community facility and public areas; and other proposed land uses.
e. The conceptual land use plan shall also show the following information:
1) A general location map.
2) The vehicular circulation system planned for the proposed
.
3) The location of existing private and public
adjacent to the proposed
with an indication of how they will connect with the proposed circulation system for the new
.
4) The approximate layout of
, parking,
, and recreation/park areas.
5) Landscaped screening proposed along the perimeter of the
.
f. Approximate number of nonresidential
and residential units to be developed on the subject
.
g. Topographic survey and soils inventory based on the Ingham County Soils Survey.
h. General locations and approximate dimensions of
areas and significant site features such as tree stands, unusual slopes, streams and water drainage areas.
i. A description of the proposed sewage treatment and water supply systems. Any proposed sewage treatment plant shall be located internally on the site or otherwise provided with an ample landscaped buffer so as to minimize any impact on surrounding properties, particularly adjacent residential properties.
j. A general description of the proposed storm water and drainage system.
k. A map showing existing zoning designations for the subject property and all land within one quarter mile.
l. A map and written explanation of the relationship of the proposed
to the Township’s
for Future Land Use.
m. Maps and written analysis of the significant natural, cultural, and geographic features of and near the site. Features which shall be considered include existing vegetation, topography, water courses, wildlife habitats,
and
,
,
, and soils.
n. An analysis of the traffic impact of the proposed
on existing and proposed
shall be required for the following types of projects.
1. Residential projects containing 100 or more
in the total project.
2. Commercial,
, industrial,
, institutions, entertainment, and mixed used
proposals involving 100,000 square feet or more in
.
The traffic analysis shall be based on accepted engineering standards and methods established by the Institute of Transportation Engineers, Michigan Department of Transportation, and/or Ingham County Department of Transportation and Roads. The traffic analysis shall address, at a minimum, the following considerations: estimated 24-hour and peak hour traffic prior to and after
, percentage and numerical increase in traffic volumes on adjoining
, proximity and relationship to intersections, adequacy of sight distances, required vehicular turning movements, roadway geometrics, provisions for pedestrian traffic, and adabtability of the
to nonmotorized transportation. The traffic analysis shall further assess the degree to which the
will cause an increase in traffic congestion or traffic safety concerns. The traffic analysis shall indicate
improvements or modifications necessary to accommodate the traffic generated by the
.
o. An analysis of the fiscal impact (costs and revenues) of the proposed
on Williamstown Township and the school district in which the
is located. The fiscal impact analysis shall consider the amount of revenue generated from all sources, including but not limited to property taxes and state shared revenues. In determining the estimated property tax revenue, the analysis shall consider the estimated state equalized value of the
at each stage in relation to the current millage rate of each taxing jurisdiction. In determining the impact on school costs, the analysis shall estimate the total number of school-age children living in the
at each phase, based on regional demographic data or on demographic data collected by the school district. This information shall be compared with the average annual cost of education per pupil, based on school budgetary information. The fiscal impact analysis shall also consider the need for new school
and other capital expenditures to accommodate increased enrollment. In determining the impact on
costs, the analysis shall assess the need for additional police, fire, recreation, administrative, library, or other fiscal impacts.
p. Documentation that the applicant has sufficient
experience to complete the proposed project in its entirety.
q. A general schedule for completing the
, including the phasing or timing of all proposed improvements.
2. Requirements for Phase 1 review. In addition to the requirements in § 29.02 and applicable information specified on the site plan checklist, the following information shall be included on, or attached to, all
plans submitted for Phase 1 review:
a. All preceding information required for conceptual review.
b. A detailed overall plan for the
which shows all of the information required on the conceptual land use plan plus the following:
1) Locations and
of each
and use in the
. Where construction is proposed to occur in later phases subject to future detailed site plans, the location and
of the maximum
footprint shall be shown on the plan.
2) Typical layouts and facade design for each type of use or
. Detailed information, including floor plans, facade elevations, and other information normally required for site plan review, shall be provided for
which are proposed for construction in the first phase.
3) The
footprint of proposed
. In the case of single-family detached
, the plan should indicate the
and outline of the area within which a house could be constructed on each
.
4) The vehicular circulation system planned for the proposed
.
5) The proposed layout of parking areas,
, and recreation/park areas.
6) Proposed
and screening, which shall comply with the requirements in Article 5.00, unless such requirements have been modified as a result of the
review process.
c. The precise number of nonresidential and residential units to be developed on the subject
.
d. An environmental analysis of the land, including a hydrology study, analysis of soil conditions, and analysis of other significant environmental features. The hydrology study shall consist of information and analysis in sufficient detail to indicate the impact of the project on surface water and groundwater.
e. Specific locations and dimensions of
areas and significant site features such as tree stands, unusual slopes, streams, and water drainage areas.
f. A complete description of the proposed sewage treatment and water supply systems, including documentation from a qualified engineer indicating the feasibility of implementing such systems.
g. Preliminary approval by the Ingham County Health Department and/or Michigan Department of Environmental Quality of the proposed septic system or sewage treatment system and water system.
h. Storm water and drainage system details.
i. Location of sidewalks along
and elsewhere within the
.
j. A specific schedule for completing the
, including the phasing or timing of all proposed improvements.
3. Requirements for Phase 2 (final) review. In addition to the requirements in § 29.02 and applicable information specified on the Site Plan checklist, the following information shall be included on, or attached to, all
plans submitted for Phase 2 (final) review:
1. All information required for conceptual and Phase 1 review as specified in § 29.04, subsection N3, previously.
2. Detailed site plans for all
and uses which the applicant intends to begin construction on immediately upon final
approval. Where construction is not proposed to begin immediately, or where a project is proposed for construction in phases, the
may recommend that final approval be granted subject to subsequent review and approval of detailed site plans for each facility or phase, in accordance with § 29.02.
3. Detailed engineering plans for all portions of the project which the applicant intends to begin construction on immediately upon final
approval. Where construction is not proposed to begin immediately, or where a project is proposed for construction in phases, the
may recommend that final approval be granted subject to subsequent review and approval of detailed engineering plans for each facility or phase. Such plans shall be prepared in accordance with the
engineering standards, and shall at minimum include the following:
a. Engineering plans for all
, drive aisles, and paved areas.
b. Site drainage plans, including retention and/or detention areas.
c. Engineering plans for proposed utility systems, including sanitary sewerage and water systems.
d. Plans for controlling soil erosion and sedimentation during construction.
4. Following approval of a
proposal and an amendment to the Zoning Ordinance per § 29.04(I), final site plan and engineering review and approval shall be required prior to obtaining a
permit and commencement of construction for each facility or phase.
5. A draft
Agreement, setting forth the terms and conditions negotiated and to be agreed to by the applicant and the
, and upon which approval of the
proposal will be based. The
agreement shall, at minimum, include the following:
a. A description of the land that is subject to the agreement.
b. A description of the permitted
of the property, the
or intensity of use, and the maximum height and size of proposed
.
c. History of the review procedures and action taken by the
or
.
d. List of all plans, documents, and other materials submitted by the applicant.
e. Review and explanation of all special provisions agreed to by the applicant and
during the course of review of the
proposal.
f. An explanation of all public improvements to be undertaken by the applicant or the
in conjunction with the proposed
project.
g. Description of any required dedications and permits.
h. Confirmation that the proposed
is consistent with applicable
ordinances and planning objectives.
i. Duration of the
agreement, along with terms under which a termination date may be extended by mutual agreement.
j. Applicability of future amendments to the general zoning regulations to land that is subject to the proposed
agreement.
k. Extent to which the
plan may be modified subject to administrative approval,
approval, or
approval.
O. Revision to approved plans.
1. General revisions. Approved final plans for a
may be revised in accordance with the procedures set forth in § 29.04.
a. Such changes will not adversely affect the initial basis for granting approval.
b. Such minor changes will not adversely affect the overall
in light of the intent and purpose of such
as set forth in § 25.01.
Where construction is not proposed to begin immediately, or where a project is proposed to be constructed in phases, the
may grant final approval subject to subsequent review and approval of detailed site plans by the
for each facility or phase. Such review shall follow normal site plan review procedures outlined in § 29.02.
(Ord. passed 7-9-2013)