§ 70-3. Applicability.  


Latest version.
  • A. 
    Impact statement. A community impact statement, fiscal impact study and a transportation impact assessment/statement shall be provided to the Planning Commission for any site plan, special land use, condominium project, subdivision plat or rezoning that meets or exceeds the thresholds for each type of study as follows:
    (1) 
    Transportation analysis. A transportation impact assessment, transportation impact statement, or transportation comparison shall be required for any of the following, based upon the amount of traffic generated:
    Type of Study
    Developments Generating the Following Traffic
    Transportation impact assessment (study of site and adjacent roadways)
    50 to 100 trips during a peak hour; or
    500 to 750 trips during a typical day
    Transportation impact statement (study of larger area of Township)
    Over 100 trips during the peak hour; or
    Over 750 trips in an average day.
    Any new bridge shall require a transportation impact statement.
    Transportation comparison (comparison of the trip generation between existing and proposed zoning and potential traffic impacts resulting from a rezoning)
    Any rezoning
    (2) 
    Community impact statement. A community impact statement shall be required for any of the following, based upon relative demand for utility capacity of various land uses:
    Type of Development Proposal
    Size of Development Requiring Study
    Single-family residential development
    50 dwelling units or more
    Manufactured home park development
    50 dwelling units or more
    Multiple-family residential development
    70 dwelling units or more
    Senior housing development
    100 dwelling units or more
    Retail or commercial service use (a)
    45,000 square feet of gross floor area or more
    Restaurant, tavern or banquet hall
    12,000 square feet of gross floor area or more
    Golf, county or boat club
    33,000 square feet of gross floor area or more
    Office building (b)
    45,000 square feet of gross floor area or more
    Institutional building (c)
    67,000 square feet of gross floor area or more
    Industrial use (d)
    100,000 square feet of gross floor area or more
    Extension of sewer or water to undeveloped area or out island
    Extension that will serve or have the potential to serve 10 acres or more, including adjacent undeveloped land
    NOTES:
    (a)
    Includes all retail uses, banks, commercial day-care centers, lodging, personal service and vehicle service.
    (b)
    Includes all general, professional and medical offices.
    (c)
    Includes all community buildings, schools, places of worship and other places of public assembly.
    (d)
    Includes all manufacturing, transportation, warehousing and storage uses.
    (e)
    Other uses not identified above shall be as determined by the Planning Commission based upon comparable demand for utility services to those uses listed in the table.
    (3) 
    Fiscal impact statement. A fiscal impact statement shall be required for any rezoning of 10 acres or more that would allow an increase in residential density. This shall be required to determine if the additional residential population can be served while maintaining a fiscally balanced tax base.
    B. 
    Reuse of existing buildings. The reuse of existing buildings shall be exempt from this chapter, except where an expansion or increase in intensity to the use will result in a net increase, relative to the previous use, equal to or greater than Subsection A above.
    C. 
    Phased developments. In determining whether a proposed development exceeds the thresholds described above, all land at one location within the Township under common ownership or control by an applicant shall be included. An applicant shall not purposefully avoid the intent of this section by submitting piecemeal applications for phased developments. However, an applicant may seek approval of only a portion of a subdivision or development, even if the site would generate fewer trips than the thresholds in this section, provided that upon seeking approval of the remaining subdivision or development which generates trips greater than the thresholds, including that approved previously under this subsection, the development shall comply with the requirements of this chapter. Extension of roads or utilities to serve lots in previously platted, but unimproved subdivisions shall consider the full impact of developing all lots in the subdivision that could potentially be served by the infrastructure extension, not just the lots proposed to be developed at the time of application.
    D. 
    Review process. The impact statement shall be submitted and reviewed concurrently with the site plan, condominium, subdivision, or rezoning application and the environmental assessment required under Chapter 98, Environmental Assessment. The procedures for development reviews are set forth in Chapter 285, Zoning, Chapter 71, Condominium Projects, and Chapter 238, Subdivision Control. The review and approval procedures for impact studies shall be in accordance with § 70-8. The impact statement shall be submitted prior to Planning Commission approval of any site plan. For special land uses and rezoning, the impact statement shall be submitted prior to Planning Commission public hearing. For subdivisions and condominiums, the impact statement shall be submitted prior to Planning Commission review of the preliminary plat or condominium site plan.
    E. 
    Updates. An impact statement shall also be required for new phases, expansions or changes to a development that requires site plan review, based on the thresholds established above, except where such report was approved within two years of the new site plan submittal date, and a demonstration by the applicant that traffic volumes have not increased by over 2% annually since the original approval.
    F. 
    Infrastructure improvements. Where an impact statement identifies that there is not adequate infrastructure to support the proposed development, the applicant shall have the option to provide the infrastructure improvements necessary to support the proposed development or wait for the infrastructure to become adequate by improvements made pursuant to county, state or Township capital improvement programs. Approval of development conditioned upon completion of infrastructure shall be with performance guarantees as required by Section 285-20.5 of the Zoning Chapter and § 238-11 of the Subdivision Control Chapter.