WILCOX TOWNSHIP PERMIT INFORMATION

In case any Article, Section or provision of this Ordinance shall be held invalid in any court, the same shall not effect any other Article, Section or provision of this Ordinance, except so far as the Article, Section or Provision so declared invalid shall be inseparable from the remainder or any part thereof.

Any and all ordinances, or parts thereof, in conflict with any of the terms of this ordinance are hereby repealed to such extent as they are so in conflict or inconsistent, provided however, that the adoption of the Ordinance shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing Ordinance.

The provisions of this Ordinance are hereby declared to be effective immediately upon adoption by the Wilcox Township Board. This Ordinance was adopted by resolution of the Wilcox Township Board on November 21, 1991.

22.1 THE PLANNING COMMISSION WAS ESTABLISHED

The PLANNING COMMISSION shall have the power to hear and decide applications for SPECIAL LAND USE PERMITS, conditional uses or other special questions on which the PLANNING COMMISSION is herein authorized to pass. In considering such applications the PLANNING COMMISSION shall review the case within the intent of the Ordinance. Before authorizing a use, the PLANNING COMMISSION shall determine whether the proposal would be hazardous, harmful or a nuisance to the surrounding neighborhood by reason of noise, atmospheric pollution, vibration, glare, fire potential, parking, traffic, esthetic effect, devaluation of property values or psychological effects. For such purpose the PLANNING COMMISSION may enlist experts, technicians and consultants. The PLANNING COMMISSION may impose such additional requirements and conditions necessary to preserve the intent of this Ordinance.

The Planning Commission members shall have no outside contact with applicants, applicants' representatives or neighbors regarding a Special Land use application.

.1 The Planning Commission must act as board and not as individual members.

.2 "Ex parte" communications by individual members of the Planning Commission with applicants, applicants' representatives or neighbors in person, by telephone or by visits are improper and shall not occur.

.3 If a member is contacted by an applicant's representative or a neighbor, the member shall immediately inform the person that he or she cannot discuss the matter.

.4 Conflict of Interest. A member may be excused from considering a matter brought before the Commission only if that person has a bona fide conflict of interest as recognized by the majority of the remaining members of the Commission. Any member abstaining from a vote shall not participate in the discussion of that item.

A site plan is required for developments and activities as identified in this ordinance. A preliminary plan shall be submitted to the Planning Commission before a site plan is submitted to the Planning Commission. The preliminary plan shall contain the following:

.1 Legal description of the land and a statement as to the total acreage of same.

.2 Small-scale sketch of properties, streets and uses within one-half (1/2) mile of the proposed project.

.3 A narrative describing the overall objectives of the applicant with respect to the development of the land and must be consistent with permitted uses in zoning district and the purpose and objectives of the district. This narrative shall contain, at a minimum, a statement as to the type of use proposed and the expected needs of the development, both in terms of time and capacity, for sewer and water services, as well as other public and private utilities and transport.

.4 A description of all aspects of the objectives for the use of the land area which have positive or adverse effects on public health, safety, and welfare.

.5 Evidence of ownership of the land to be developed or evidence of a contractual ability to acquire such land, such as an option or purchase contract.

.6 An environmental impact statement if requested by the Planning Commission.

.7 Additional information which the Planning Commission may request which is reasonably necessary to evaluate the development of the land proposed and its effect on the surrounding neighborhood and the Township in general. The Planning Commission may waive any of the above requirements upon a determination that same is not reasonably necessary to evaluate the development of the land and its effect on the surrounding neighborhood and the Township in general.

.8 The Planning Commission shall approve the preliminary plan before the applicant can proceed with the submission of the site plan for the development.

The Zoning Administrator shall not issue a Zoning Compliance Permit for the construction, alteration, expansion or modification of any permitted building, structure, parking lot or uses (other than one and two family dwellings and farm uses permitted by right) unless a site plan has first been submitted to the Planning Commission and has been reviewed and approved in accordance with the procedures and conditions specified hereunder.

.1 In reviewing the site plan, the Planning Commission through its adopted procedure shall be empowered to recommend changes in the site plan which may be required of the land developer before approval of the site plan is granted. In considering such recommendations, the Planning Commission shall be guided by the following standards:

(a) There should be a proper relationship between existing streets in the vicinity and proposed deceleration lanes, service drives, entrance and exit driveways and parking areas to assure the safety and convenience of pedestrian and vehicular traffic.

(b) The buildings, structures, and entryways thereto proposed to be located upon the premises should be so situated and designed as to minimize adverse effects upon the inhabitants of adjacent properties and the surrounding area.

(c) Any adverse effects of the proposed development and activities on adjoining residents or owners should be minimized.

(d) All buildings and structures shall be accessible to emergency vehicles.

(e) All provisions of the Ordinance shall be complied with unless the appropriate variance has been granted by the Board of Appeals.

.2 The foregoing site plan review shall be carried out as soon as possible after such plans have been received by the Planning Commission. Upon the finding that reasonable modifications in the proposed development scheme are necessary to assure that standards and requirements of this Ordinance will be met, the Planning Commission shall advise the land developer of its findings and may require compliance with said modifications or conditions, or otherwise agree to alternative solutions offered by the land developer thereby creating such assurance.

.3 Upon final approval of the site plan and all conditions and limitations required and/or agreed upon thereto, the Chairman shall date and sign three (3) copies and shall forward one (1) copy to the developer, one (1) copy to the Zoning Administrator for the issuance of a Zoning Compliance Permit and send the third copy to the Township Clerk for the Townships' files. All final conditions and limitations of the approved site plan record shall remain unchanged except upon the mutual written consent of the Planning Commission and the land developer.

.4 Property which is the subject of site plan approval shall be developed and used in strict compliance with the approved site plan and any amendments which have been approved. Further, the Township Board is hereby empowered to require a performance bond, letter of credit, cash or cash equivalent in an amount equal to five percent (5%) of the cash value of the building permit construction costs or five hundred dollars ($500), whichever is greater, with such bond or security to be posted by the applicant in order to ensure that the development will proceed in accordance with the approved site plan and any amendments thereto approved by the Township Board; if not, the bond or equivalent will be forfeited. In cases where on-site construction has not commenced within one (1) calendar year after the date of final approval, said site plan approval shall become null and void, unless a sixty (60) day extension period has been granted by the Township Board upon proof of the developer's unforeseen difficulties and intentions to commence construction. If on-site construction has not commenced upon expiration of said sixty (60) day extension, the bond or equivalent shall be forfeited and shall be used by the Township to return the property to a safe and healthy condition.

.5 Whenever an applicant comes before the Planning Commission or the Board of Appeals, the Planning Commission or Board of Appeals may require, in addition to a site plan, the submission of such maps, drawings, environmental impact statements, reports, renderings or other information as will assist the Planning Commission or Board of Appeals in its view, deliberations or approvals.

The final development for each phase shall include a site plan which shall be reviewed by the Planning Commission in accordance with its procedures, powers and standards of review as set forth in Articles 15, 22 and 23 of this Ordinance. In addition to or in conjunction with this site plan review, the final development plan for each phase shall include all of the following information:

.1 A plot plan based on an accurate certified land survey showing: (1) location, size, and type of present buildings or structures to be retained or removed; (2) location of all proposed buildings, structures or other improvements; (3) location of existing and proposed streets, easements, rights-of-way, drives and parking lots; (4) location of water and sewer lines; (5) storm drainage; (6) topographical features including contour intervals  no greater than five (5) feet; (7) ditches and water courses; (8) ground cover and other pertinent physical features of the site such as trees and buffer strips; (9) landscaping plan; (10) location of existing improvements; (11) location of lot lines and/or the boundaries of the phase; (12) loading and unloading facilities; and (13) exterior lighting and signs.

.2 Final architectural sketches and a statement as to the type of construction and materials to be used in the proposed buildings or structures. Height and area of buildings and structures shall be described.

.3 The period of time within which the phase will be completed.

.4 Gross areas of buildings and parking.

.5 Delineation of the one hundred (100) year flood plain, if applicable, wetlands, and any proposed uses therein.

.6 A general description of all aspects of the plan which might have a positive or an adverse effect on public health, safety, and welfare.

.7 Current proof of ownership of the land to be utilized.

.8 Method of financing and commitments or other proof of ability to obtain financing.

.9 Small scale sketch of properties, streets and uses within one-half (1/2) mile of the phase, and plans, including but not limited to landscaping and buffer strips to assure compatibility with such neighboring use and properties.

.10 Additional information which the Planning Commission may request which is reasonably necessary to evaluate the development of the land and its effect on the surrounding neighborhood and the Township in general. The Township Board may waive any of the above requirements upon a determination that same is not reasonably necessary to evaluate the development of the land and its effect on the surrounding neighborhood and the Township in general.

In addition to the standards of review of the Planning Commission as set forth in Article 15 of this Ordinance, the Planning Commission shall review the final development in accordance with the following:

.1 The final development plan's compatibility with and adherence to the objectives and representations of the applicant in the preliminary development plan.

.2 Ingress and egress to the property and proposed buildings and structures thereon, with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

.3 Off-street parking and loading areas required, with particular reference to the items in 23.3.2, and the economic, noise, glare, or odor effects of each use in the phase.

.4 Refuse and service areas, with particular reference to the items listed in subparagraphs 23.3.2 and 23.3.3.

.5 Utilities, with reference to locations, availability and compatibility.

.6 Screening and buffering with reference to type, dimensions and character, and their relation to neighboring uses and properties.

.7 Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with adjoining properties in the proposed phase.

.8 Yards and other open spaces.

.9 General compatibility with adjoining properties.

.10 The purpose of this Ordinance, as well as compatibility with other ordinance and statutes which regulate land development.

.11 Additional matters may be considered by the Township Board upon a finding by the Planning Commission that they are reasonably necessary to a proper evaluation of the final development and the Township in general. The Township Board may waive review of any of the above standards upon a finding by the Planning Commission that same is not reasonably necessary to an evaluation of the final development plan for the phase and its effect on the surrounding neighborhood and the Township in general.

The following is a step by step procedure for obtaining permits for Wilcox Township.

Step 1. Obtain application from Zoning Administrator.

Step 2. Obtain application from Building Inspector.

Step 3. Fill out the zoning application and take it to the Zoning Administrator for approval. He/she will tell you what other permits you will need. You must have water and septic permits before a building permit will be issued.

Step 4. Bring your approved application along with other permits to the Building Inspector to get your Building Permit.