It is the purpose of this chapter to require site plan review approval for certain building structures and uses that can be expected to have a significant impact on natural resources, traffic patterns, adjacent land uses, and the character of future development in the area.

   The requirements contained in this chapter are intended to reduce the hazards to life and property due to fire, flooding, soil erosion, poor surface water drainage, inadequate sewage disposal systems, pollution, dust, fumes, noise vibrations, noxious odors and other hazards; to promote and facilitate the adequate provision of a system of roads, streets and parking, sewage disposal, drainage, public education, recreation and other public requirements; and to promote the harmonious relationship of uses through proper design. (Ord. 99-5. Passed 7-12-99.)

   As used in this chapter, "site plan" includes the documents and drawings specified in this Zoning Code necessary to insure that a proposed land use or activity is in compliance with Village of Dimondale ordinances and Federal and State law.

(Ord. 99-5. Passed 7-12-99.)

   No building shall be erected, moved, externally altered, added to, or have any change in use which would affect its approved off-street parking, landscaping, or other requirements, and no building or land shall be used, nor shall any building, grading or occupancy permit be issued, except in accordance with a plan approved under this section. Special use permits, site condominium projects, and planned unit developments shall also obtain site plan review. All public and governmental facilities shall submit site plans to the Village for review under this chapter. Single-family detached structures shall not be subject to site plan review under this section.

   The following procedures shall apply:

   (a)   Site plans with five or less parking spaces. The Zoning Administrator shall review and approve in accordance with the standards for site plan approval (Section 1296.06). The Zoning Administrator may require review and approval by the Planning Commission based on the land use intensity of the proposed use.

   (b)   Site plans with more than five parking spaces. The Planning Commission shall review and approve in accordance with the standards for site plan approval (Section 1296.06).

   The intent of the conceptual site plan is to minimize errors and improve communication of ordinance requirements prior to the official submission of the regular site plan. This voluntary submission enables the applicant to communicate informally with the Planning Commission and receive information which will improve the quality of the final site plan.

(Ord. 99-5. Passed 7-12-99.)

   Prior to approving a site plan submitted under this chapter, the Zoning Administrator and the Planning Commission may obtain the review and recommendations of the County Drain Commissioner, the Village Street Administrator, the appropriate public health official, and any other appropriate technical reviews.

(Ord. 99-5. Passed 7-12-99.)

   (a)   Application. The owner or designated agent shall file an application requesting site plan review with the Zoning Administrator on a special form designed for that purpose. The application shall be accompanied by the appropriate fees as established by the Village of Dimondale and the various agencies having jurisdiction.

   (b)   Site Plan. Each application for site plan review shall be accompanied by a site plan. The site plan shall consist of a scale drawing of not less than one inch equals forty feet for parcels less than three acres and one inch equals 100 feet for parcels three acres or more. The site plan may also be of a scale acceptable to the Zoning Administrator. Three copies shall be submitted to the Village. The drawing shall also include:

      (1)   North arrow and property dimensions, the date prepared and the name and address of the preparer.

      (2)   Existing and proposed topography at contour levels of not more than two feet and a site drainage plan.

      (3)   Zoning classifications of the subject property and all adjacent properties.

      (4)   Existing public and/or private rights-of-way and easements.

      (5)   Watercourses and water bodies, including surface drainage ways, within 500 feet of the subject property.

      (6)   Accurate location of abutting streets and proposed alignment of streets, drives, and easements serving the development.

      (7)   Accurate location and use of all existing and proposed structures and the intended uses thereof, lot lines, including setbacks from property lines, and dimensions.

      (8)   Location and design of parking areas in compliance with this Zoning Code.

      (9)   Location of water supply, wastewater systems, and all other utilities (existing and proposed).

      (10)   Proposed location of common open spaces and facilities, if applicable.

      (11)   Proposed location of accessory buildings and uses, including signs.

      (12)   Proposed landscape plan and significant existing vegetation.

      (13)   Proposed location of refuse receptacles.

      (14)   Recorded legal description and property tax I.D. number of the subject property.

      (15)   Any other information which the Zoning Administrator or the Planning Commission may reasonably require of the applicant.

(Ord. 99-5. Passed 7-12-99.)

   In reviewing an application for site plan review, the following standards shall apply:

   (a)   The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.

   (b)   All buildings or groups of buildings shall be so arranged to permit emergency vehicle access by some practical means to all sites.

   (c)   Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use.

   (d)   Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the Village storm drainage system.

   (e)   Provisions shall be made for the construction of storm sewer facilities, including grading, gutters, piping and treatment of turf, to manage storm water, and to prevent erosion and the formation of dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicle or pedestrian traffic or create puddles in paved areas.

   (f)   Secondary containment for above-ground areas where regulated hazardous substances are stored or used shall be provided and shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substances.

   (g)   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 of Michigan groundwater discharge permit.

   (h)   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 permits and approvals.

   (i)   All refuse receptacles shall be screened from casual view from the public rights-of-way and adjoining land uses.

   (j)   All landscape requirements of Section 1296.08 shall be met.

   (k)   The site plan shall meet all requirements of this Zoning Code.

(Ord. 99-5. Passed 7-12-99.)

   (a)   Intent. It is the intent of this section to require landscape buffers and screening to reduce negative effects between incompatible land uses; to provide landscaping within parking areas; and to enhance aesthetic qualities, character, privacy, and land values in the Village. Landscape plans shall preserve, to the extent practical, the existing vegetation on the site.

   (b)   Definitions. As used in this section:

      (1)   Fence. A fence means any wall (except a retaining wall), screen, partition or similar structure existing on a yard or parcel of land, which structure encloses land, divides land into distinct portions, separates contiguous properties, obstructs the passage of light or air into adjacent land or obstructs the vision of motorists or pedestrians on or near public roads. Barbed wire shall not be considered part of a fence for purposes of determining the height thereof.

      (2)   Landscaping. Landscaping means an arrangement of elements which may include plant materials such as trees, shrubs, ground covers, perennial and annual plants; landscape elements such as rocks, water features, fences, screens, walls, paving materials, and site lighting; and site furnishings such as benches, drinking fountains, trash receptacles, and planters for aesthetic and functional purposes.

      (3)   Screen. A screen means a fence, landscaping, berm, or combination thereof that obscures the view from one site to another to a reasonable extent.

      (4)   Buffer. A buffer means a strip of land or space, including a specified type and amount of planting or structures, which may be required to protect or screen one type of land use from another, or minimize or eliminate conflicts between them.

   It is the intent of this section to require landscape buffers and screening to reduce negative effects between incompatible land uses; to provide landscaping within parking areas; and to enhance aesthetic qualities, character, privacy and land values.

   (a)   Definitions. Landscaping may include plant materials such as trees, shrubs, ground covers, perennial and annual plants; landscape elements such as rocks, water features, fences, walls, paving materials, and site lighting; and site furnishings such as benches, drinking fountains, trash receptacles, and planters.

   (b)   Landscape Plans. The following information shall be provided:

      (1)   Existing and proposed topography, correlated with the grading plan.

      (2)   Location, size, type, and condition of existing plant materials to be saved, or moved; and proposed means of protecting plant material during construction.

      (3)   Location of proposed planting materials; and a planting list of proposed materials (size, quantity, botanical and common names, spacing, and root type).

      (4)   Sections, elevations, plans and details of landscape elements, such as berms, walls, ponds, retaining walls, and tree wells.

      (5)   Proposed planting dates.

      (6)   Planting and staking details.

   (c)   Plant Materials. Plant and grass materials shall be of acceptable varieties and species, hardy in Eaton County, and shall conform to the current minimum standards of the American Association of Nurserymen.

   (d)   Installation and Maintenance. Plant materials shall be installed in a sound, workmanlike manner, and according to acceptable planting procedures. All plant materials shall be maintained in a healthy and growing state. All landscape elements shall be kept in good repair.

   (e)   Required Buffers and Landscaping.

      (1)   Commercial land uses adjacent to existing residential land uses. Landscaping and fencing material shall be required which provide an appropriate and reasonable visual screen.

      (2)   Commercial land uses adjacent to residentially zoned vacant land. Landscaping and fencing material shall be required which provide an appropriate and reasonable visual screen.

      (3)   Commercial land uses adjacent to commercial land uses. There shall be no landscape requirement.

      (4)   Multiple family residential uses adjacent to single-family and two- family land uses. Landscaping and fencing material shall be required which provide an appropriate and reasonable visual screen.

      (5)   Multiple family residential uses adjacent to multiple family residential uses. There shall be no landscape requirement.

      (6)   Parking lots adjacent to the public right-of-way. Landscape materials shall be required which will provide an appropriate and reasonable visual screen.

   As part of an approval of a site plan, the Planning Commission may impose any additional conditions which, in the judgment of the Planning Commission, may be necessary for the protection of the public health, safety, and welfare.

(Ord. 99-5. Passed 7-12-99.)

   Any applicant for site plan review aggrieved by a decision of the Zoning Administrator may have the decision reviewed by the Planning Commission at its next regular meeting or a special meeting called for that purpose. The Planning Commission shall review the matter based on the standards contained in this chapter and shall give written justification for any reversal of the decision of the Official.

(Ord. 99-5. Passed 7-12-99.)

   Any person who has been granted site plan approval shall notify the Zoning Administrator of any proposed amendment to the approved site plan. The Zoning Administrator shall determine if the proposed amendment shall be reviewed and approved by the Planning Commission.

(Ord. 99-5. Passed 7-12-99.)

   The decision of the Planning Commission is final. When it is alleged that the decision is inconsistent with the provisions of this chapter or that there was an error of fact involved in the decision, the applicant may file an appeal with the Village Zoning Board of Appeals. The Zoning Board of Appeals shall review the matter and take action to sustain, reverse, or remand the decision of the Planning Commission.

(Ord. 99-5. Passed 7-12-99.)