The purpose of this article is to establish uniform requirements of procedures for all developments in the city so that the provisions of this chapter can be equitably and fairly applied to all persons seeking to add to the existing development, so that both those developing property and the responsible city officials can be assured that compliance with the chapter is both possible and correct prior to the issuance of the zoning permit and the start of construction.

(Code 1992, § 24-376; Ord. No. 304, 6-2-2003)

1. Site plan review is required for all proposed uses and certain existing uses within the city where an alteration, addition, expansion, change or conversion constitutes an increase or reduction to the existing structure or use of more than 500 square feet or ten percent of floor area, whichever is less, or would require a variance from the provisions of this chapter, regardless of its size. Site plan review shall also be required prior to the paving of any off-street parking for any use for which off-street parking is required by this chapter.
2. Site plan review shall not be required for individual single-family developments.
3. The city shall not issue a zoning permit until a final site plan has been approved and is in effect. A use, or construction of or addition to a building, shall not be commenced or expanded, nor shall the zoning administrator or duly appointed agent issue an occupancy permit for such use until a final site plan has been approved and is in effect.
4. No granting, removing trees or other vegetation, landfilling or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in section 44-395(d), effect of approval.
5. In addition to the requirements of this article, all developments must adhere to the current standards of design as adopted by the city council.

(Code 1992, § 24-377; Ord. No. 304, § 1101, 6-2-2003; Ord. No. 319, 1-5-2009)

1. Application. Any applicant may submit a request for preliminary site plan review by filing the completed forms with the zoning administrator along with payment of the review fee and ten copies of the preliminary site plan drawing. The zoning administrator, upon receipt of the application, shall transmit only complete submittals of the preliminary site plan drawings to the planning commission prior to its next regular meeting. The purpose of such preliminary review is to confirm general compliance with the standards of this chapter as well as to suggest changes, if necessary, for final site plan approval.
2. Information required. Each preliminary site plan submitted for review shall provide the following information:
   1. Property owner's and applicant's name and address.
   2. Scale, north arrow, and date of plan.
   3. Location, description, dimensions, and area of the site; zoning classification; and demonstration of compliance with lot area, width, coverage and setback requirements.
   4. General topography and soils information and existing natural and manmade features to be retained or removed.
   5. Location and dimensions of proposed buildings/structures, including floor area, number of floors, height, number and type of dwelling units (where applicable).
   6. Proposed streets/drives, including general alignment, right-of-way, surface type, and width.
   7. Proposed parking, including location and dimensions of spaces and aisles, and surface type.
   8. Adjacent land uses, property owners, and zoning and location of adjacent buildings and drives/streets.
   9. Proposed phasing.
   10. Location and width of any easements on the site.
3. Planning commission action. The planning commission shall make a recommendation to approve, approve with conditions or deny the preliminary site plan. The planning commission shall set forth the reason for its action in the record of the meeting at which action is taken. The time limit may be extended upon a written request by the applicant and approval by the planning commission.
4. Effect of approval. Approval of a preliminary site plan by the planning commission shall indicate its general acceptance of the proposed layout of buildings, streets and drives, parking areas, other facilities and overall character of the proposed development. The planning commission may, at its discretion and with appropriate conditions attached, authorize issuance of grading and foundation permits on the basis of the approved preliminary site plan. The authorization, however, will be used only in those situations in which seasonable conditions, such as the onset of frost, or other severe time limitations might, in the planning commission's opinion, unduly delay the commencement of construction until after the final site plan is approved. The planning commission shall attach appropriate conditions to such authorization.
5. Expiration of approval. Approval of a preliminary site plan shall be valid for a period of 180 days from the date of approval and shall expire and be of no effect unless an application for a final site plan is filed with the zoning administrator within that time period. The zoning administrator or duly appointed agent shall, within ten days of the date of approval of the preliminary site plan by the planning commission, transmit a written certification of such approval to the applicant.

(Code 1992, § 24-378; Ord. No. 304, § 1102, 6-2-2003)

1. Application. Following approval of a preliminary site plan, the applicant shall submit to the zoning administrator ten copies of a final site plan as well as other data and exhibits hereinafter required, the review fee, and a completed application form. The zoning administrator, upon receipt of the application, shall transmit only complete submittals of the final site plan drawing to the planning commission prior to its next regular meeting.
2. Information required. A final site plan submitted for review and approval shall contain all of the following data presented in a clear and legible format. Site plans shall consist of an overall plan for the entire development. Sheet size shall be at least 24 inches by 36 inches with plan view drawn to a scale of no greater than one inch equals 50 feet for property less than three acres or no greater than one inch equals 100 feet for property three or more acres.
   1. General information.
      1. Proprietor's, applicant's, and owner's names, addresses and telephone numbers.
      2. Date of preparation, including revisions.
      3. Scale.
      4. North point.
      5. Location map drawn at a scale of one inch equals 2,000 feet with north point indicated.
      6. Architect's, engineer's, surveyor's, landscape architect's, or planner's seal.
      7. Existing and proposed lot lines, building lines, structures, parking areas, etc., on the parcel and within 100 feet of the site.
      8. Centerline and existing and proposed right-of-way lines of any street.
      9. Zoning classification of applicant's parcel and all abutting parcels.
      10. Gross acreage figure.
   2. Physical features.
      1. Acceleration, deceleration and passing lanes and approaches.
      2. Proposed locations of access drives, street intersections, driveway locations, sidewalks, and curbing.
      3. Location of existing and proposed service facilities above and below ground, including:
         1. Chemical and fuel storage tanks and containers.
         2. Water supply facilities.
         3. Sanitary sewage disposal facilities.
         4. Stormwater control facilities and structures.
         5. Location of all easements.
      4. Location of all structures, with setback and yard dimensions.
      5. Location, number and size of parking spaces, drives and method of surfacing.
      6. Exterior lighting locations and illumination patterns.
      7. Location and description of all existing and proposed landscaping, berms, fencing and walls.
      8. Trash receptacle pad location and method of screening.
      9. Transformer pad location and method of screening.
      10. Dedicated road or service drive locations.
      11. Entrance details, including sign locations and sizes.
      12. Designation of fire lanes.
      13. Any other pertinent physical features.
   3. Natural features.
      1. Soil characteristics of the parcel to at least the detail provided by the U.S. Soil Conservation Service, Soil Survey of Iosco County, Michigan.
      2. Existing topography with a maximum contour interval of two feet. Topography on the site and beyond the site for a distance of 100 feet in all directions should be indicated. Grading plan, showing finished contours at a maximum interval of two feet, correlated with existing contours so as to clearly indicate required cutting, filling and grading.
      3. Locations of existing drainage courses and associated bodies of water, on and off site, and their elevations.
      4. Locations of existing wetlands.
      5. Locations of natural resource features, including woodlands and areas with slopes greater than ten percent (one foot of vertical elevation for every ten feet of horizontal distance).
   4. Additional requirements for multiple-family residential developments.
      1. Density calculations by type of unit.
      2. Designation of units by type and number of units in each building.
      3. Carport locations and details where proposed.
      4. Specific amount and locations of recreation spaces.
   5. Additional requirements for commercial and industrial developments.
      1. Loading/unloading areas.
      2. Total and useable floor area.
      3. Number of employees in peak usage.
3. Standards for review. In reviewing the final site plan, the planning commission shall determine whether the plan meets the following specifications and standards. All engineering drawings and plans shall be reviewed by the city engineer, DPW, or fire chief if deemed necessary and appropriate by the planning commission before a final site plan may be considered.
   1. The plan conforms to the approved preliminary site plan and with all zoning ordinance regulations.
   2. All required information is provided.
   3. The proposed use will not be injurious to the surrounding neighborhood and protects the general health, safety, welfare and character of the city.
   4. There is a proper relationship between major thoroughfares and proposed service drives, driveways and parking areas. Proper access to all portions of the site and all sides of any structure is provided. All structures or groups of structures shall be arranged so as to permit emergency vehicle access by some practical means to all sides.
   5. The locations of buildings are such that the adverse effects of such uses will be minimized for the occupants of that use and surrounding areas.
   6. Natural resources will be preserved to the maximum extent possible in the site design by developing in a manner which will not detrimentally affect or destroy natural features such as lakes, ponds, streams, wetlands, steep slopes, soils, groundwater and woodlands.
   7. Stormwater management systems and facilities will preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and will not substantially reduce or increase the natural retention or storage capacity of any wetland, water body or water course, or cause alterations which could increase flooding or water pollution on or off site.
   8. Wastewater treatment systems, including on-site septic systems, will be located to minimize any potential degradation of surface water or groundwater quality and meet county and state standards.
   9. Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby water bodies in accordance with county and state standards.
   10. Landscaping, including grass, trees, shrubs and other vegetation, is provided to maintain and improve the aesthetic quality of the site and area.
   11. The proposed use is in compliance with all city ordinances and any other applicable laws.
4. Planning commission action. The planning commission shall approve, approve with conditions, or deny the final site plan. The planning commission may suggest and/or require modifications in the proposed final site plan as are needed to gain approval.
5. Effect of approval. Approval of a final site plan authorizes issuance of a zoning permit and application for a building permit.
6. Expiration of approval. Approval of a final site plan shall expire and be of no effect one year following the date of approval unless construction has begun on the property in conformance with the approved final site plan. Approval shall also expire and be of no effect unless a building permit shall have been taken out within 180 days of the date of approval of the final site plan.

(Code 1992, § 24-379; Ord. No. 304, § 1103, 6-2-2003)

An applicant may, at his discretion and risk, combine a preliminary and final site plan in an application for approval. In such a situation, the portion of the review process concerning preliminary site plan application and review may be waived by the planning commission. The planning commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan where, in its opinion, the complexity and/or scale of the site for the proposed development so warrants. A preliminary and final site plan shall not be combined for any development consisting of phases.

(Code 1992, § 24-380; Ord. No. 304, § 1104, 6-2-2003)

The zoning administrator shall have the authority to determine if a proposed change requires an amendment to an approved final site plan. A site plan may be amended upon application and in accordance with the procedure herein for a final site plan. The zoning administrator may approve minor changes in an approved final site plan, provided that a revised final site plan drawing is submitted showing such minor changes, for purposes of record. A minor site plan may be considered for any of the following site modifications or modifications of an approved site plan:

1. The proposed addition constitutes less than 1,000 square feet or not more than 20 percent of the existing floor area.
2. The building modification of change of use does not require additional off-street parking.
3. The building or site modification does not encroach upon an existing parking lot.
4. The building or site modification is not adjacent to single-family zoned properties.
5. A building or site modification will not have a significant impact upon adjoining land uses.

(Code 1992, § 24-381; Ord. No. 304, § 1105, 6-2-2003)

All improvements shall conform to the final site plan. It shall be the responsibility of the applicant to notify the zoning administrator of any such changes prior to such changes being made. Any changes which result in an alteration of the site plan not addressed in section 44-398, amendment of approved site plan, approved by the planning commission shall require re-submittal to the planning commission. The planning commission or zoning administrator may require the applicant to correct the changes so as to conform to the approved final site plan.

(Code 1992, § 24-382; Ord. No. 304, § 1106, 6-2-2003)

The applicant may, at his discretion, divide the proposed development into phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan may be submitted for review and approval for each phase.

(Code 1992, § 24-383; Ord. No. 304, § 1107, 6-2-2003)

The building inspector shall be responsible for inspecting all improvements for conformance with the approved final site plan. All sub-grade improvements such as utilities, sub-base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspections.

(Code 1992, § 24-384; Ord. No. 304, § 1108, 6-2-2003)

The approved final site plan shall regulate development of the property and any violation of this article, including any improvement not in conformance with the approved final site plan, shall be deemed a violation of this chapter as provided in article XIII of this chapter, administration and enforcement, and shall be subject to all penalties therein.

(Code 1992, § 24-385; Ord. No. 304, § 1109, 6-2-2003)

Fees for the review of site plans and inspections as required by this article shall be established, and may be amended by resolution of the city council upon the recommendation of the planning commission.

(Code 1992, § 24-386; Ord. No. 304, § 1110, 6-2-2003)

1. Surety bonds, cash deposits, bank letters of credit, certified checks or other acceptable forms of security may be required of the applicant after a final site plan is approved and prior to issuance of a zoning permit for certain site improvements such as, but not limited to, streets or drives, parking lots, grading, landscaping, and buffers. A schedule for such security shall be established by resolution of the city council upon the recommendation of the planning commission, and shall be administered by the city treasurer. Such security may be released in proportion to work completed and approved upon inspection as complying with the approved final site plan.
2. In the event that the applicant shall fail to provide improvements according to the approved final site plan, the city council shall have the authority to have such work completed, and to reimburse itself for costs of such work by appropriating funds from the depositing security, or may require performance by the bonding company.

(Code 1992, § 24-387; Ord. No. 304, § 1111, 6-2-2003)

State law reference(s)—Performance guarantee, MCL 125.3505.

If in the judgment of the planning commission, during the course of site plan review procedures, it appears prudent to permit the delay of constructing certain provisions as required in this chapter, the planning commission may grant such a delay to a specific future date, provided that the applicant/owner submits a satisfactory financial guarantee to the city council. The financial guarantee shall remain in effect prior to or coincident with the issuance of the zoning permit and shall remain in effect until the requirements so delayed are fully completed and approved by the zoning administrator.

(Code 1992, § 24-388; Ord. No. 304, § 1112, 6-2-2003)