(a)

The intent of this section is to provide for consultation and cooperation between the land developer and the planning commission in order that the developer may accomplish his objectives in the utilization of his land within the regulations of this chapter and with minimum adverse affect on the use of adjacent streets and highways and on existing and future uses in the immediate area and vicinity.

(b)

Except as set forth below, the zoning administrator shall not issue a zoning permit for construction of any buildings, structures or uses until a site plan, submitted in accordance with this chapter, shall have been reviewed and approved by the planning commission.

(c)

Preliminary sketches of proposed site and development plans may be submitted for review to the planning commission prior to final approval. The purpose of such procedure is to allow discussion between a developer and the planning commission of the acceptability of his proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan approval. Such sketch plans shall include as a minimum the following:

(1)

The name and address of the applicant or developer, including the names and addresses of any officer of a corporation or partners of a partnership.

(2)

A legal description of the property.

(3)

Sketch drawings showing tentative site and development plans. The planning commission shall not be bound by any tentative approval given at this time.

(d)

Requests for final site plan review shall be made by filing with the zoning administrator the following:

(1)

A review fee as determined by resolution of the planning commission based upon the cost of processing the review. The resolution shall be on file with the city clerk for public information.

(2)

Fifteen copies of the completed application form for site plan review which shall contain, as a minimum, the following:

a.

The name and address of the applicant.

b.

The legal description of the subject parcel of land.

c.

The area of the subject parcel of land stated in acres, or if less than one acre, in square feet.

d.

The present zoning classification of the subject parcel.

e.

A general description of the proposed development.

(3)

Fifteen copies of the proposed site plan which shall include the following, as a minimum:

a.

The plan shall be drawn to a scale of not greater than one inch equals 20 feet for a development of not more than three acres and a scale of not less than one inch equals 100 feet for a development in excess of three acres.

b.

The plan shall show an appropriate description legend, north arrow, scale, date of preparation and the name and address of the individual or firm preparing the same.

c.

The property shall be identified by lot lines and general location together with dimensions, angles, and size correlated with the legal description of the property.

d.

The topography of the site with at least two-foot contour intervals and all natural features such as wood lots, streams, rivers, lakes, wetlands, unstable soils and similar features shall be shown.

e.

Existing manmade features upon the site and within 100 feet of the same shall be disclosed.

f.

The location, proposed finished floor and grade line elevations, size of proposed main and accessory buildings, the relationship of buildings to one another and to any existing structures on the site, the height of all buildings and square footage of floor space therein shall be disclosed. Site plans for multiple-family residential developments shall also include a density schedule showing the number of dwelling units per net acre, including a dwelling schedule showing the unit type and number of each such unit.

g.

Existing and proposed acceleration/deceleration or passing lanes.

h.

All proposed and existing streets, driveways, sidewalks and other vehicle or pedestrian circulation features upon and adjacent to the site shall be shown, and driveways within 150 feet of the site, together with the location, size and number of parking spaces in off-street parking areas, service lanes thereto, and service parking and delivery or loading areas.

i.

The location, use and size of open spaces together with landscaping, screening, fences, walls and proposed alterations of topography or other natural features shall be indicated.

j.

The proposed operations on the site shall be described in sufficient detail to indicate the effect, if any, upon adjoining lands and occupants, together with any special features which are proposed to relieve any adverse effects to adjoining land and occupants. Any potential demands for future community services will also be described, together with any special features which will assist in satisfying such demands.

k.

Any earth-change plans required by state law, including sedimentation control plans, shall also be submitted with the application.

l.

On site lighting, surface water drainage for the site and proposed sanitary sewage disposal and water supply shall be included in the plans.

m.

Location of any areas or structures designed for the storage, loading/unloading, recycling or disposal of hazardous waste.

n.

Location of any areas which are known or suspected to be contaminated, together with the status of any site cleanup.

o.

Must conform to city engineering design standards.

p.

Such other information as may be determined to be necessary by the planning commission because of any peculiar features of the proposed development.

q.

Location of all exterior mechanical equipment and screening of equipment.

r.

Designation of fire and emergency access lanes, if needed, consult with fire chief.

s.

The planning commission may waive those informational items that they identify as not necessary to determine compliance with the requirements of this chapter.

(e)

The following action shall be taken on applications and plans:

(1)

The zoning administrator shall record the date of the receipt of the application and plans, and transmit one copy to each member of the planning commission. Copies shall also be sent to the fire department, police department, department of public works, building inspector and, in the case of development along a state highway, Michigan Department of Transportation (MDOT).

(2)

The hearing shall be part of the regularly scheduled meeting unless the applicant requests and pays for a special meeting. Members of the planning commission shall be delivered copies of the application and plans at least seven days prior to the hearing for their preliminary information and study. The hearing shall be scheduled within not more than 45 days following the date of the receipt of the plans and application by the zoning administrator.

(3)

The applicant shall be notified of the date, time and place of the hearing on his application not less than seven days prior to such date.

(4)

Following the hearing, the planning commission shall have the authority to approve, disapprove, modify or alter the proposed plans in accordance with the purpose of the site plan review provisions of this chapter and the criteria contained therein. Any required modification or alteration shall be stated in writing, together with the reasons for such modification, and delivered to the applicant. The planning commission may either approve the plans contingent upon the required alterations or modifications, if any, or may require a further review after the same have been included in the proposed plans for the application. The decision of the planning commission shall be made by said body within 100 days of receipt of the application by the building inspector.

(5)

Two copies of the approved final site plan, including any required modification or alterations, shall be maintained as part of the city records for future review and enforcement. One copy shall be returned to the applicant. Each copy shall be signed by the chairperson of the planning commission for identification of the finally approved plans. If obtained from the zoning board of appeals, the minutes concerning the variance duly signed shall also be filed with the city records as a part of the site plan and delivered to the applicant for his information and direction.

(f)

In reviewing the application and site plan and approving, disapproving or modifying the same, the planning commission shall be governed by the following standards:

(1)

That there is a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service drives, entrance and exit driveways and parking areas to insure the safety and convenience of pedestrian and vehicular traffic.

(2)

That the buildings and structures proposed to be located upon the premises are so situated as to minimize adverse effects upon owners and occupants of adjacent properties.

(3)

That as many natural features of the landscape shall be retained as possible where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood.

(4)

That any adverse effects of the proposed development and activities emanating therefrom which affect adjoining residents or owners shall be minimized by appropriate screening, fencing, landscaping, setback and location of buildings, structures and entryways.

(5)

That the layout of buildings and improvements will minimize any harmful or adverse affect which the development might otherwise have upon the surrounding neighborhood.

(6)

Adequate precautions to protect groundwater and other natural features from hazardous materials will be provided including:

a.

Sites at which hazardous substances are stored, used or generated shall be designed to prevent spills and discharges to the air, surface of the ground, groundwater, lakes, streams, rivers or wetlands.

b.

Secondary containment for aboveground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance.

c.

General purpose floor drains shall only be allowed if they are approved by the responsible agency for connection to a public sewer system, an on-site closed holding tank (not a septic system), or regulated through a state groundwater discharge permit.

d.

State and federal agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.

(7)

That shared access drives will be used where possible to reduce the number of driveways along state highways.

(8)

That all provisions of this chapter are complied with unless an appropriate variance therefrom has been granted by the zoning board of appeals.

(g)

The following requirements must be met upon site plan approval:

(1)

Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan, inclusive of any amendments, which have received the approval of the planning commission. If construction and development does not conform with such approved plan, the approval of the site plan shall be revoked by the building inspector by written notice of such revocation posted upon the premises involved and mailed to the developer at his last known address. Upon revocation of such approval, all construction activities shall cease upon the site until such time as the violation has been corrected or the planning commission has, upon proper application of the developer and after hearing, approved a modification in the site plan to coincide with the developer's construction or altered plans for construction as being in compliance with the criteria contained in the site plan approval provisions and with the spirit, purpose and intent of this chapter.

(2)

Approval of the site plan shall be valid for a period of one year. If a building permit has not been obtained and on-site development actually commenced within one year, the site plan approval shall be required and new approval obtained before any construction or earth change is commenced upon the site.

(h)

A proposed amendment, modification or alteration to a previously approved site plan may be submitted to the planning commission for review in the same manner as the original application was submitted and reviewed.

(i)

The planning commission shall have the right and authority to require the developer to file with the city zoning administrator at the time of application for a zoning permit, a performance bond or bank letter of credit in such amounts as may be determined by the planning commission to insure the development of the site in accordance with the approved site plan, conditioned upon such proper construction and development. Such bond, if required, shall continue for the duration of the construction and development of the site and shall be in a face amount which is a reasonable percentage of the estimated total cost of construction and site development.

(Ord. No. 401, § 2400, 5-2-2005; Ord. No. 412, § 1, 2-5-2007)