(a)

This article is intended to establish procedures and standards for the review of land use permit applications as herein prescribed. It is further intended to ensure a thorough evaluation of a site and the potential impacts on public health, safety and welfare in relationship to the master plan, drainage, utilities, natural resources, traffic patterns, adjacent parcels, landscaping and signs.

(b)

The site plan review standards and procedures as described in article VI of this chapter provide an opportunity for the planning commission or the village council to review a proposed land use in terms of site preparation and grading, building footprint, parking supply and design, service areas, easements, access points, vehicular and pedestrian traffic flow, landscape design, relationship to adjacent uses, adequacy of utilities, stormwater management, placement of signs and lighting fixtures, preservation of significant natural features and aesthetics.

(c)

This article is also intended to assist the village in ensuring that buildings, structures, and uses are in conformity with the provisions of this article, other ordinances of the village, as well as state, county, or federal statutes.

(Ord. No. 458, § 601, 3-2-2015)

(a)

No use may be made of property, nor may a use be changed; no clearing, grading, excavation or fill (for construction or erection of a structure, or for any land development) may be started; no structures may be constructed, erected, moved or altered, except according to the regulations of this article and with the approval and issuance of one of the following permits:

(1)

A zoning compliance permit issued by the planning and zoning administrator.

(2)

A special use permit approved by the planning commission.

(3)

A planned unit development permit approved by the village council.

(4)

A preliminary plat or final plat approval approved by the village council.

(b)

Subsection (a) of this section shall not apply to the following:

(1)

Those items not defined as a structure in this chapter.

(2)

Those items and activities associated with essential services, as defined in this chapter.

(3)

One detached accessory structure less than or equal to 100 square feet gross floor area, providing all other required setbacks are met.

(4)

Land contour alterations that do not conflict with section 44-299.

(5)

Repairs and improvements that do not alter the structure nor change the exterior shape of any building to the extent that a building permit is required.

(6)

The term "satellite signal receiving antenna," as defined in this chapter.

(c)

Permits and bonds.

(1)

When permits are required by this article, they shall be obtained upon application to the village, and payment of the application fee established by the village council. Such permit shall be revocable by the permit issuing authority for failure to comply with this article, rules and regulations adopted pursuant hereto, and the lawful orders of the planning and zoning administrator or duly authorized representative and shall be valid only for the period of time endorsed thereon. Application for a permit under the provisions of this article shall be deemed an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the village in connection therewith, repair all damage done to the street surface and installations on, over or within such street, including trees, and protect and save harmless the village from all damages or actions at law that may arise or may be brought on account of injury to persons or property resulting from the work done under the permit or in connection therewith. All applicants shall provide commercial general liability, workers compensation and motor vehicle liability insurance policies showing the village as being additionally insured. The policies shall be filed when making application for a permit. The policies shall not be less than amounts as set by the village council.

(2)

Permits and approvals under this article may only be issued after a review of the complete application and plans contained therein, and that the development, when completed as proposed, complies with the provisions of this article. Approved site plans, building plans, and other application documents are incorporated by reference as part of any permit or approval issued and, except as otherwise provided in this article. all development shall occur strictly in accordance with such approved plans and application documents.

(3)

Approved permits shall:

a.

Be issued in the name of the applicant, except applications submitted by an agent shall be issued in the name of the principal;

b.

Identify the property involved and the proposed land use thereof;

c.

Incorporate, by reference, the site plan or other plans submitted; and

d.

Contain any special conditions or requirements lawfully imposed by the permit or approval issuing authority.

(Ord. No. 458, § 602, 3-2-2015)

(a)

Permit submittal authority.

(1)

Any person with a legal interest in a lot or parcel may apply for permit or site plan approval noted in section 44-269(a). If the applicant is not the fee simple owner of the property, the applicant shall submit a statement signed by the property owners authorizing the application for permit or site plan approval.

(2)

The planning and zoning administrator may require the applicant to submit evidence of their authority to submit the application in accordance with this section when there appears to be a reasonable basis for questioning this authority.

(b)

Effect of permit on successors and assigns.

(1)

Approval of a zoning compliance permit, special use permit, planned unit development permit or Final Plat, authorizes the applicant to make use of land and structures in a particular way. Such permits and approvals are transferable so long as the land or structures or any portion thereof covered under the permit continues to be used for the purposes for which the permit was granted.

(2)

No person, including successors or assigns of the applicant who obtained the permit, may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and conditions of that permit.

(3)

The terms and conditions of a special use permit or planned unit development permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any legal interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any legal interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the permit was originally issued, so long as the persons who subsequently obtain a legal interest in the property had actual or recorded notice as provided in subsection (b)(2) of this section of the existence of the permit at the time they acquired their interest.

(4)

When a special use permit, planned unit development permit or final plat approval is issued to authorize development (other than single-family or two-family residences) on a parcel or tract of land in excess of one acre, nothing authorized by the permit may be done until the record owner of the property provides documentation that the permit has been recorded at the county register of deeds.

(c)

Application completeness. All applications for a zoning compliance permit, special use permit, planned unit development permit or Final Plat approval must be complete in accordance with the requirements of this chapter before the permit-issuing authority is required to consider the application.

(d)

Occupancy, use, or sale of lots or parcels.

(1)

Issuance of a zoning compliance permit, special use permit, planned unit development permit or final plat, authorizes the recipient to commence the activity resulting in a change in use of the land and, subject to obtaining a building permit and all other permits required by other agencies having jurisdiction, to commence work designed to construct, erect, move or alter buildings or other structures. However, except as provided in section 44-271(d), the intended use may not be commenced, nor may any building be occupied, nor may lots be sold until all of the requirements of this article and all additional requirements imposed pursuant to the issuance of a special use permit, planned unit development permit or final plat approval have been met.

(2)

In cases when, because of weather conditions or other factors beyond the control of the applicant, exclusive of financial hardship, it would be unreasonable to require the applicant to comply with all of the requirements of this article prior to commencing the intended use of the property or occupying any buildings, the planning and zoning administrator may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this article are concerned) if the applicant provides a performance bond or other security, satisfactory to the legal counsel of the village, to ensure that all of the requirements of this article will be fulfilled within a reasonable period (not to exceed 12 months), as determined by the planning and zoning administrator.

(e)

Expiration or extension of permits.

(1)

Subject to subsection (e)(3) of this section, a zoning compliance permit, special use permit, planned unit development permit, or final plat approval shall expire, if, within one calendar year from the date of issuance of such permit, actual construction has not commenced or the permitted land use has not commenced where no actual construction is required.

(2)

If, after some physical alteration to land or structures begins to take place, and such work is discontinued for a period of one calendar year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of section 44-273(e).

(3)

The permit-issuing authority may extend, for a period not to exceed 365 days, the date when a permit would otherwise expire pursuant to subsections (e)(1) and (2) of this section, if it concludes that the permit has not yet expired; that the applicant has proceeded with due diligence and in good faith; and that conditions have not changed so substantially, in the opinion of the planning and zoning administrator, as to warrant a new application.

(4)

Permits that have expired for which no extension has been granted according to subsection (e)(3) of this section may not be reissued, but rather a new application shall be submitted for review in the same manner as the original permit application along with payment of required fees in accordance with all applicable procedures of this article.

(f)

Amendments or modification of permits.

(1)

Request for amendment or modification. A request for amendment or modification to an approved zoning compliance permit, special use permit, planned unit development permit or final plat, including the approved site plan, shall be submitted in writing to the planning and zoning administrator, accompanied by a revised site plan and all other necessary documentation illustrating in detail the amendment or modification being requested.

(2)

Zoning compliance permit. The planning and zoning administrator may authorize an amendment or modification to approved zoning compliance permits, including the approved plans, for those uses permitted by right in section 44-75. All such amendments shall be recorded in writing by the planning and zoning administrator and maintained with the permanent record file of the property.

(3)

Special use permit/planned unit development permit. Any modification or amendment to a special use permit or planned unit development permit, including the approved site plans, shall be made by submitting a written request to the planning and zoning administrator in accordance with subsection (f)(1) of this section.

a.

Inconsequential modifications or amendments, to special use permit or planned unit development permit, including the approved site plans, may be approved by the planning and zoning administrator without the necessity of a public hearing or payment of additional fee, who, after consideration of all previous and concurrent modifications and amendments, has determined the request results in no foreseeable cumulative effects beyond the subject property; does not alter the basic design or specified conditions of approval of the plan placed by the planning commission or village council; and that all applicable regulations of this section are met. For the purposes of this section, inconsequential modifications or amendments shall be limited to the following:

1.

Reduction in the height or the square footage of any building or sign provided the minimum dimensional requirements of section 44-205 have been met.

2.

An increase in the gross floor area for residential dwellings of not more than five percent of the previously approved area, provided the increase does not alter the character of use, the overall density of units is not increased, the buildings do not extend outside the approved building envelope or into any required setback or open space areas, and that parking requirements are met.

3.

An increase in the gross floor area for nonresidential buildings of not more than ten percent or 2,000 square feet, whichever is less, of the previously approved area, provided the buildings do not extend outside the approved building envelope or into any required setback or open space area, and that parking requirements are met.

4.

Relocation of a building up to five feet that does not result in a violation of required setback, open space or other code requirements.

5.

Relocation/adjustment of underground utilities and service lines provided they are reviewed and approved by the village engineer and accurate as-built drawings are provided to the planning and zoning administrator.

6.

Changes of building materials to another of higher quality and the same nature (e.g., brick, wood, vinyl, and the like) as determined by the planning and zoning administrator.

7.

Reduction in disturbed woodland or wetland areas.

8.

Replacement of plantings on the approved landscape plan by similar types of landscaping on an equal to or greater basis.

9.

Internal rearrangement of a parking lot that does not affect the number of required parking spaces or alter access locations or design.

10.

Sign placement or reduction in size or number of signs consistent with the intent of the approved site plan.

11.

Relocation of trash receptacles.

12.

Changes required or requested by village, county, state or federal agencies having jurisdiction for public health and safety reasons.

b.

The planning and zoning administrator shall provide the applicant, planning commission or village council written approval of an insignificant amendment or modification to an approved site plan. All such amendments shall be recorded and maintained with the permanent file of the property.

c.

Nonsubstantive design modification or amendment, to special use permit or planned unit development permit, including the approved site plans, determined by the planning and zoning administrator to not qualify as an inconsequential modification or amendment noted in subsection (f)(3)a of this section, may be approved by the permit issuing authority without a formal application, public hearing or payment of any additional fee. For the purpose of this subsection, nonsubstantive design modifications or amendments are those that the permit issuing authority determines have no detrimental impact on neighboring properties, the general public or those intended to occupy or use the proposed development. All such amendments shall be recorded and maintained with the permanent file of the property.

d.

All other requests for modification or amendment to special use permit or planned unit development permit, including the approved site plan, shall be processed as a new application following the same procedures for the original site plan approval in conformance with the requirements of this article. The planning commission, village council, or zoning board of appeals may impose new conditions, but the applicant shall retain the right to reject such new conditions by withdrawing their request for an amendment of the site plan, special use permit or planned unit development permit, and proceed in accordance with the previously approved site plan and permit.

(g)

Reconsideration of board action.

(1)

Action by the planning commission or the village council denying an application for special use permit or planned unit development permit, on any basis other than the failure of the applicant to submit a complete application, may not be reconsidered by the respective board, unless the applicant clearly demonstrates that:

a.

Circumstances affecting the property that is the subject of the application have substantially changed; or

b.

New information is available that could not, with reasonable diligence, have been presented at a previous hearing.

(2)

If the planning commission or village council finds that a previously denied application differs substantially, as described in subsection (g)(1) of this section, the application may be treated as a new application and shall be processed following the same procedures required for the original application in conformance with the requirements of this article.

(3)

The planning commission or the village council may waive this requirement if they find no good public purpose will be achieved thereby.

(h)

Maintenance of common areas, improvements and facilities. The recipients, or their successors, of a zoning compliance permit, special use permit, planned unit development permit or final plat approval shall be responsible for maintaining all common areas, improvements, or facilities required by this article or any permit issued in accordance with its provisions, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As an illustration, and without limiting the generality of the foregoing, this section requires that private roads and parking areas, water and sewer lines, and recreational facilities be properly maintained so that they may be used in the manner intended, and that required vegetation and trees used for screening, landscaping, or shading are replaced if they die or are destroyed.

(i)

Consultation prior to formal application. To minimize development planning costs, avoid misunderstanding or misinterpretation and ensure compliance with the requirements of this article, a preapplication consultation between the developer and village staff is encouraged or may be required as provided in this article.

(Ord. No. 458, § 603, 3-2-2015)

(a)

Application for a zoning compliance permit shall be made on such form provided by the planning and zoning administrator and shall include the name and address of all persons having a legal interest in the lot or parcel upon which new or existing structures or buildings are to be erected, enlarged, altered or moved.

(b)

The planning and zoning administrator shall issue the zoning compliance permit unless, after reviewing the application, it is determined that:

(1)

The requested permit is not within the jurisdiction of the planning and zoning administrator according to section 44-318;

(2)

The application is incomplete; or

(3)

If completed as proposed in the application, the development will not comply with one or more requirements of this chapter, not including those requirements for which a variance has been granted or that the applicant is not required to comply with under the circumstances specified in article IV of this chapter.

(c)

A survey, by a licensed surveyor, is required for all new structures and alterations to existing structures over 500 square feet in all zoning districts. A plot plan is sufficient for all other zoning compliance permit requests.

(d)

Digital copies of applications and required documents are acceptable.

(e)

One copy of a plot plan or survey depicting the site layout shall be submitted with all applications for a zoning compliance permit showing the following:

(1)

The location, shape, area, and dimensions for the parcels, lots or acreage.

(2)

The location of the proposed construction upon the parcels, lots, or acreage affected.

(3)

The dimensions, height, and bulk of structures.

(4)

The nature and the intended use of the proposed construction, alteration, or repair.

(5)

The proposed number of sleeping rooms, dwelling units, occupants, employees, customers, and other uses.

(6)

Existing and proposed grades.

(7)

Existing and proposed storm water management systems.

(8)

The present use of any structure affected by the construction or alteration.

(9)

The open space area, if applicable.

(10)

The proposed plan and specifications of off-street parking and unloading spaces, if applicable.

(11)

Any wetland or floodplain which may be on the property.

(12)

Any other information deemed necessary by the planning and zoning administrator to determine and provide for the enforcement of this article.

(13)

Decisions by the planning and zoning administrator relative to approval or denial of a zoning compliance permit may be appealed to the zoning board of appeals.

(Ord. No. 458, § 604, 3-2-2015; Ord. No. 2023-03, 11-21-2023)

(a)

Intent. This section is intended to provide regulations for special use permits as authorized under the Michigan Zoning Enabling Act, MCL 125.3101 et seq. Special land uses are those which may be compatible with other land uses in some, but not all, locations within a particular zoning district. The process for a special use permit includes a public hearing at the planning commission prior to their decision. This process is intended to accomplish the following:

(1)

Provide a mechanism for public input on decisions involving more intense land uses;

(2)

Ensure that both new development and redevelopment are consistent with village land use goals and objectives as stated in the master plan;

(3)

Regulate the use of land on the basis of impact to the village overall, and adjacent properties in particular;

(4)

Promote a planned and orderly development pattern which can be served by public facilities and service in a cost-effective manner;

(5)

Ensure uses can be accommodated by the environmental capability of specific sites;

(6)

Ensure that new development and redevelopment are designed in such a manner that will diminish negative impacts of potentially conflicting land uses; and

(7)

Provide greater flexibility to integrate land uses within the village.

(b)

Application, review and approval procedures. The procedure for special use permit review shall be as follows:

(1)

Submittal of a complete application to the planning and zoning administrator for a special use permit and payment of established application fees to cover administrative cost and review by consultants.

(2)

A complete application shall contain the following:

a.

Name of proposed development;

b.

Legal description of the property and address, if available;

c.

Dimensions of land including; width, length, lot area and acreage;

d.

Existing zoning classification of subject parcel and of all adjacent properties;

e.

Proposed use of land;

f.

Name, address, and telephone number of:

1.

Firm or individual who prepared the application;

2.

Legal owner of the property.

g.

Relationship of the applicant to the property owner;

h.

Signature of the property owner and the applicant;

i.

A site plan, prepared in accordance with the provisions of section 44-274; and

j.

Copies of an impact assessment (see section 44-274(c)(4)) or traffic impact assessment (see section 44-274(d)(2)b) if required.

(c)

The village shall give notice of a proposed special use permit application in a newspaper of general circulation and written notice to all property owners and occupants of any structure within 300 feet of the subject property. The notice shall be given not less than 15 days before the public hearing date, in accordance with state law. The notice shall state the nature of the special use request, the property location, when and where the special use request will be considered, where written comments will be received, and the date, time and place of the public hearing.

(d)

The planning commission shall conduct the required public hearing and shall then review the application for compliance with the requirements of subsection (g) of this section, and any specific special use standards of article V of this chapter.

(e)

The planning commission shall approve, approve with conditions, or deny the special use permit together with the associated site plan. The decision on a special use permit request shall be incorporated in a statement of findings of fact and conclusions relative to the special use which specifies the basis for the decision and any conditions imposed.

(f)

Upon approval of an application for a special use permit, the planning and zoning administrator shall issue the permit. The planning and zoning administrator shall be responsible for ensuring that conditions attached to the approval of the special use permit are implemented.

(g)

General review standards for all special land uses. The planning commission shall determine that the following general standards, in addition to standards for specific individual special land uses listed in article V of this chapter, are met:

(1)

The special land use will be consistent with the goals, and objectives described in the master plan.

(2)

The special land use will be consistent with the stated intent of the zoning district and will promote the intent and purpose of this article.

(3)

The special land use will be designed, constructed, operated and maintained to be compatible with, and not significantly alter, the existing or intended character of the general vicinity.

(4)

The special land use will be compatible with adjacent uses of land and the natural environment.

(5)

The special land use can be served adequately by public facilities and services such as sufficient roadway capacity, police and fire protection, stormwater drainage facilities, water and sewage facilities, and refuse disposal.

(6)

The special land use is consistent with the public health, safety and welfare of the village.

(h)

Conditions of approval.

(1)

Prior to approval a special use permit, the planning commission may impose any additional conditions or limitations as provided in this article, deemed necessary for protection of the public health, safety and welfare. Such conditions shall ensure compliance with the standards in this article, other village ordinances and applicable state or federal regulations and may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

(2)

Conditions imposed by the planning commission shall meet all of the following requirements:

a.

Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being, of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

b.

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

c.

Be necessary to meet the intent and purpose of the zoning requirements, be related to the standards established in the zoning ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.

(3)

Approval of a special use permit, including conditions made part thereof, shall run with the property described in the application and not to the owner of such property.

(4)

A record of the special use permit approval and any conditions imposed shall be made a part of the planning commission meeting minutes and be maintained by the village clerk. The conditions shall remain unchanged unless an amendment to the special land use permit is approved in accordance with the provisions of section 44-270(f).

(5)

The planning and zoning administrator shall make periodic investigations of development authorized by special use permit to determine continued compliance with all requirements imposed by the planning commission and this article. Noncompliance with the requirements and conditions approved for the special use permit shall constitute grounds to issue a stop work order and revoke the permit in accordance with subsection (d)(3) of this section.

(i)

Validity of permit.

(1)

When actual construction of a substantial nature of the must be built items of the development authorized by a special use permit has not commenced within one year of date of issuance, and a written application for extension of the approval has not been filed as provided below, the permit shall become null and void and all rights thereunder shall terminate. It is the responsibility of the applicant to request such an extension.

(2)

Upon written application, by the applicant within the one-year period as provided above, the planning commission may authorize a single extension of the time limit for a period of not more than one year from the expiration date of the original permit. Such extension shall be granted based only on evidence from the applicant that the development has a reasonable likelihood to commence construction during the one-year extension period.

(3)

Any special use permit which was approved or which existed prior to the effective date of ordinance from which this article is derived shall be deemed a permitted use in the zoning district in which it is located and is not to be considered a nonconforming use.

(4)

Any use for which a special use permit has been granted and which ceases to continuously operate for one year period shall be considered abandoned and the special use permit shall become null and void.

(Ord. No. 458, § 605, 3-2-2015)

(a)

Intent.

(1)

It is the intent of this section to provide the village council flexibility in the regulation of land development and to encourage innovation and variety in land use, design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities; encourage useful open space, and provide better housing, employment, and shopping opportunities particularly suited to the needs of the residents of the village, county and state, and not unreasonably create any adverse economic, social or environmental impact on surrounding land uses.

(2)

Planned unit developments (PUD) may be located anywhere in the village upon approval of a planned unit development permit by the village council provided the requirements of this article are met. A planned unit development approval shall establish an overlay zone on top of an underlying zoning district. The land use requirements of the underlying zoning district shall establish the base upon which a PUD may be created, subject to the limitations of subsections (b) and (c) of this section.

(b)

Dimensional and use regulations.

(1)

A single use PUD shall be a use permitted by right or approval of a special use permit in the zoning district in which the PUD is to be located. A multiple use PUD shall have at least one of the proposed uses a use permitted by right in the district where the PUD is located. In addition, the following dimensional and use restrictions apply:

a.

In residential zones R-1, R-2, R-3, and R-M, the minimum size for a PUD is 2.5 contiguous acres and a density that in no cases is more than 20 percent greater than the maximum density permitted in the underlying district. Commercial use in a PUD within a residential district is limited to not more than 15 percent of the total site area, and industrial uses are not permitted. Commercial uses suitable for residential districts are those permitted in residential zoning districts according to section 44-75. The amount of the site area devoted to commercial use shall include the following:

1.

All land covered by commercially used principal and accessory structures;

2.

All related parking and all contiguous open space areas connecting parking to commercial use areas;

3.

Required setbacks for the commercial uses from roads, water bodies and lot lines.

b.

In commercial and industrial zones B-1, B-2, B-3, and I-1, the minimum lot size of the underlying district shall apply to any PUD and at least 75 percent of the total site area shall be occupied by a use permitted by right in the underlying district.

(2)

In acting upon an application for a planned unit development permit, the village council may alter and establish lot size limits, required facilities, buffers, open space areas, density limits, setback requirements, height limits, building size limits, off-street parking regulations, landscaping rules, miscellaneous regulations, and density and intensity limits, where such regulations or changes are consistent with the intent of this section and the standards set forth herein.

(3)

The village council may also authorize principal and other uses not permitted in the district where the land is located, provided that such uses are consistent with the intent and standards set forth herein. Dimensional and parking use restrictions of the underlying zoning district shall not apply to the area within an approved PUD unless expressly retained in the permit.

(c)

Conditions which create eligibility.

(1)

A planned unit development is intended to accommodate developments with mixed or varied uses, sites with unusual topography or unique settings within the village, or on land which exhibits difficult and costly development problems. Approval will not be granted when the planned unit development is sought primarily to avoid complying with the standards and requirements of existing zoning classifications. Additionally, no planned unit development shall be approved unless it is demonstrated that the land use and development meet the standards and the requirements for issuance of a special use permit as set forth in section 44-272.

(2)

An applicant for a PUD shall, through written submittals and prior to approval of a PUD application, demonstrate the following eligibility requirements for consideration of a PUD have been met:

a.

Compliance with the dimensional and use standards in subsection (b) of this section.

b.

The PUD results in a recognizable and substantial benefit to the ultimate users of the project and to the village. Such benefit must otherwise be unfeasible or unlikely to be achieved by development under a single zoning district taking into consideration the reasonably foreseeable detriments of the proposed development and uses; including, without limitation:

1.

The long-term protection or preservation of natural resources and natural features; historical or architectural features of a significant quantity or quality in need of protection or preservation on a local, state or national basis.

2.

Reducing to a significant extent the nonconformity of a nonconforming use or structure, i.e., modification of a nonconforming use or structure so that, to a significant extent, it is rendered more conforming, or less offensive, to the zoning district in which it is situated.

3.

The provision of additional amenities which would not otherwise be provided in a conventional development.

c.

All land for which application is made must be owned or under control of the applicants and the parcel must be capable of being planned and developed as one integral land use unit. Non-contiguous parcels may be considered.

(d)

Applications and approval requirements.

(1)

A complete application for a PUD shall be filed with the planning and zoning administrator. The application must be signed by all individuals or entities having an interest in the real property. An affidavit of ownership shall accompany the application.

(2)

A site plan and all associated documents meeting the submittal requirements of section 44-272 are required prior to the review of a planned unit development request. In addition, an applicant may be requested to provide the following information:

a.

A landscape plan that identifies the location and type of individual trees of ten-inch or larger caliper and clusters and types of smaller vegetation.

b.

The developer's intent and physical, social, and environmental objectives.

c.

A description of all exterior building materials with an emphasis on:

1.

How the proposed architectural design and facade materials will be complimentary to existing or proposed uses within the site and to surrounding uses; and

2.

General rooftop appearances, particularly where a rooftop will lie below finished street grade or as may be viewed from the windows of higher adjacent existing or proposed buildings.

d.

An estimate of the number of school age children (if applicable).

e.

Proposed financing.

f.

Impact of development on local streets, schools, parks, public safety and utilities. A traffic impact analysis may be required if more than 500 vehicle trips per day may reasonably be expected to result from the development.

g.

Market and economic feasibility.

h.

Proposed phases of the development.

i.

Such other information pertinent to the development or use as required by the planning commission or the village council.

(3)

Processing of the application will not begin until all required information has been submitted. The planning commission may, upon petition therefor by the applicant, waive a particular submittal requirement, when it documents on the record based on facts presented to it that no good public purpose will be advanced by requiring submittal of requested information.

(4)

A site plan shall be approved that meets the specific requirements applicable to planned unit developments in this section; the requirements of the specific zoning district; and any other requirements of this article pertinent to the development. The planning commission and the village council may impose conditions in accordance with this article to achieve conformance with these requirements. No site plan shall be approved for a planned unit development that does not meet the requirements of this article.

(e)

Procedure.

(1)

A planned unit development application shall be submitted to the planning and zoning administrator and provided to the planning commission for review and recommendation. The planning commission shall hold a public hearing with such notice as required by section 44-322.

(2)

Based upon input from village staff, other boards or commissions, as well as upon reviews, studies, and reports prepared by professional consultants where warranted, the planning commission shall:

a.

Adopt written findings of fact that the following standards of this article have been met:

1.

The site plan review standards of section 44-272(b).

2.

The eligibility requirements of subsection (c) of this section.

3.

The special use standards of section 44-272(g).

4.

If there is common open space, the requirements of subsection (f) of this section.

5.

All applicable requirements of the underlying zone.

b.

Find that the PUD proposal has the following characteristics prior to recommending approval of the PUD application:

1.

Innovation in land use and variety in design, layout and type of structures constructed;

2.

Economy and efficiency in the use of land, natural resources, energy and the provision of public services and utilities;

3.

Useful open space and improved housing, employment, or shopping opportunities particularly suited to the needs of the village area;

4.

Innovative reuse and improvement of existing sites and buildings;

5.

Consolidation and maximization of usable open space where it is available or required;

6.

Landscaping which insures that proposed uses will be adequately buffered from one another and from surrounding public and private property and will create a pleasant pedestrian scale outdoor environment;

7.

That a professional engineer with experience in vehicular and pedestrian traffic has determined that the proposed circulation is safe, convenient, uncongested, and well-defined to and within the development;

8.

The preservation of existing important natural, historical, and architectural features within the development;

9.

That there exists a reasonable harmonious relationship between the location of buildings on the site relative to buildings on lands in the surrounding area; that there is a reasonable architectural and functional compatibility between all structures on the site and structures within the surrounding area. It is not intended that contrasts in architectural design and use or facade materials is to be discouraged but care shall be taken so that any such contrasts will not be so out of character with existing building designs and facade materials so as to create an adverse effect on the stability and value of the surrounding area;

10.

That it will not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole.

c.

After review by the planning commission, submit a written recommendation to the village council with their findings as to the degree to which the standards of this article have been met and any conditions which should be imposed should approval be recommended. In accordance with section 44-322, a public hearing shall be held by the village council for each planned unit development request properly filed under the terms of this article.

(3)

Based on a review of the complete application information and site plan submitted, and planning commission's recommendations, the village council may deny, approve, or approve with conditions a request for a planned unit development. If the village council determines that the application is consistent with the intent and eligibility conditions of this section and with all other standards and requirements contained in this article, it shall enter an order authorizing development and use in accordance with the application and material submitted, modified as the village council may consider necessary to carry out the intent and standards of this article and containing any lawful conditions or restrictions which the village council may consider necessary to carry out the purposes of this article and to protect the public health, safety, and welfare. The order shall recite the finding of fact and the reasons upon which it is based. A performance guarantee meeting the requirements of section 44-269(c) may be required as a condition of approval.

(4)

Only upon approval of the village council may a planned unit development permit be issued by the planning and zoning administrator.

(5)

The land to which the PUD pertains shall be developed and used in its entirety only as authorized and described in the order approving the planned unit development and only as authorized by the provisions of this article.

(6)

Planned unit developments may be constructed in phases, subject to the following:

a.

The first phase stands on its own regarding services, utilities, circulation, facilities, and open spaces without the construction of subsequent phases.

b.

The conditions for approval of a PUD shall apply to all phases of the PUD.

c.

Each phase of the PUD not specifically reviewed and approved in the initial processing shall be treated in the same way as a major amendment of the PUD and must, therefore, be approved by the village council following the same procedure as for the original approval.

(7)

An order approving a planned unit development permit, including the approved site plan, may be amended in accordance with the requirements of section 44-270(f).

(8)

The PUD permit shall expire one year from the date of final approval if the applicant has not commenced actual construction. The village council shall have the right to extend an order for one additional year if the village council determines that the subdivider has pursued the development in good faith and without unreasonable delay, and that the plan conforms to the requirements of the village zoning regulations as of the date of the extension. An order may be cancelled by written agreement executed by the owner of the land to which it pertains and the village council at any time when the development and use of the land is in conformance with all provisions of this article which would apply if such order had not been issued. The PUD order may be rescinded at any time by the village council for violation of the order by the applicant, its successors, agents or assigns after notice to the current owners and occupants of the PUD area and after a hearing on the violation. Upon cancellation, the zoning requirements shall revert to the current requirements for the zoning district designated for the property prior to the order.

(9)

A planned unit development approval shall not be considered an amendment to this article.

(10)

The applicant shall record an affidavit with the county register of deeds containing the full legal description of the project site, specifying the date of final village approval, and declaring that all improvements will be carried out in accordance with the approved PUD plan unless an amendment is adopted by the village. In addition, all deed restrictions and easements shall be duly filed with the county register of deeds and copies of recorded documents presented to the planning and zoning administrator and filed with the village clerk. Issuance of a planned unit development permit is conditioned upon receipt of any required deed restriction.

(11)

Any standard or requirement applicable to a use in an underlying zone may be waived or altered by the village council upon the recommendation of the planning commission when doing so still results in a project that otherwise meets the standards of this article without creating a nuisance for abutting properties or materially reducing the value, use or enjoyment of abutting properties.

(f)

Appeal to circuit court. An appeal on a decision by the village council to approve, deny or approve with conditions a planned unit development permit may be taken to county circuit court and may not be appealed to the board of appeals.

(Ord. No. 458, § 606, 3-2-2015)

(a)

Purpose. The purpose of this section is to ensure that appropriate information about proposed development of land and structures is submitted and reviewed to establish conformance or nonconformance with the requirements of this article and any other applicable local, county, state or federal regulations. To this end, specific data submittal requirements, review procedures and standards to guide review and approval of site plans are set forth.

(b)

Uses requiring site plan approval. Site plan approval is required as follows:

(1)

For all uses requiring a special use permit as specified in each zoning district.

(2)

For all uses within light industrial zones, public lands, and all multifamily and mobile home parks in the RM zones as identified in section 44-38, except that the planning and zoning administrator or planning commission, when requested by the planning and zoning administrator, may waive site plan review and approval where a change of use requires no new buildings or structures, no expansion of existing structures or buildings and no new parking.

(3)

All planned unit developments.

(4)

All other uses shall conform to the requirements of sections 44-269 and 44-270.

(c)

Data required.

(1)

The number of copies shall be determined by the planning and zoning administrator to provide adequate copies to the appropriate commission and/or council. Additionally, a digital copy of the site plan shall be provided to the planning and zoning administrator.

(2)

The site plan shall be prepared by a state-registered or AICP-certified professional community planner, a licensed civil engineer, licensed land surveyor, state-registered landscape architect, or licensed architect.

(3)

All site plans shall include the following as applicable in the discretion of the planning and zoning administrator or planning commission (whose opinion shall rule in the event of a difference):

a.

Legal description, plat name, lot numbers, property lines including angles, dimensions, and a reference to a section corner, quarter corner, or point on a recorded plat.

b.

Names, addresses, and phone numbers of property owners and applicants.

c.

Name and address of preparer.

d.

Scale, north arrow, date prepared and last updated, and location map.

e.

Name, location, and width of streets, alleys, sidewalks, drives, easements, and utilities.

f.

Existing natural features, including all trees and woods on-site and all streams, lakes, ponds, and the like on-site and within 500 feet, with an indication as to which will be retained and which removed or altered by earth changes.

g.

Zoning classification of site and surrounding properties and any variances to be requested.

h.

Required setback lines, yard dimensions, right-of-way lines, water, sewer and electric lines, other public utilities, septic systems, drain fields, wells (active or abandoned), and underground storage tanks (active or abandoned).

i.

Proposed building use and shape, dimensions, locations, lot area, floor coverage, lot coverage percentage, building height, and floor elevation.

j.

Existing buildings and improvements on and within 50 feet of the subject parcel including existing and proposed trash receptacles, dumpsters, and the location and specifications of any proposed above or below ground storage facilities for any chemicals, salts, flammable materials, or hazardous materials, as well as any containment structures or clear zones required by government authorities.

k.

Existing and proposed grades and drainage systems and structures with topographic contours at intervals not exceeding two feet vertical, including benchmark location and location of on-site retained water with calculations.

l.

Required and proposed number and location of parking spaces, maneuvering lanes, driveways, and loading areas, their dimensions, proposed points of access to the site from public streets and alleys, surface materials and minimum parking as required in section 44-231.

m.

Proposed location of all signs, walkways, landscaped areas, recreational areas, open space, screen walls and greenbelts.

n.

Any other information necessary to establish compliance with village ordinances.

o.

A project description that summarizes the total number of structures, units, bedrooms, offices, square feet by building and use, total and usable floor area, carports or garages, employees by shift, amount of recreational and open space, type of recreation facilities to be provided, and related information as pertinent or otherwise required by this article.

(4)

In the discretion of the planning and zoning administrator or the planning commission (whose opinion shall rule in the event of a difference), the applicant shall provide a written impact assessment which shall include the following information as applicable:

a.

A written description of the environmental characteristics of the site prior to development, such as topography, soils, plant materials drainage, streams, creeks, or ponds.

b.

Types of uses and other manmade facilities.

c.

The number of people to be housed, employed, visitors or patrons, and vehicular and pedestrian traffic to be generated.

d.

Phasing of the project, including ultimate development proposals.

e.

Natural features which will be retained, removed, or modified, including vegetation, drainage, hillsides, streams, wetlands, woodlands, wildlife, and water. The description of the areas to be changed shall include their effect on the site and adjacent properties. An aerial photo may be used to delineate the areas of change.

f.

The method to be used to serve the development with water and sanitary sewer facilities.

g.

The method to be used to control drainage on the site and from the site. This shall include runoff control during periods of construction.

h.

If public sewers are not available to the site, a current approval from the health department or other responsible public agency indicating approval of plans for sewage treatment.

i.

The method to be used to control any increase in effluent discharge to the air or any increase in noise level emanating from the site, and consideration of any nuisance that would be created within the site or external to the site whether by reason of dust, noise, fumes, vibration, smoke or lights.

j.

An indication of how the proposed use conforms to existing and potential development patterns and any adverse effects.

k.

Description of measures to control soil erosion and sedimentation during grading and construction operations and until a permanent ground cover is established. Recommendations for such measures may be obtained from the county soil erosion control department.

l.

Type, direction, and intensity of exterior lighting.

m.

General description of deed restrictions, if any.

n.

Names and address of persons responsible for preparation of statement.

(5)

Additionally, the applicant shall provide certification that all other state and federal statutes and regulations have been met.

(d)

Site plan approval standards.

(1)

Site plans shall conform to the requirements of subsections (d)(2) and (3) of this section in addition to any other applicable provisions of this article. In particular, special land uses shall comply with the standards in section 44-272 and planned unit developments with the standards in section 44-273.

(2)

Each site plan shall conform with the following standards:

a.

Drainage, groundwater and wellhead protection.

1.

Site plans shall fully conform to the county soils erosion and stormwater runoff control ordinance. A statement by the applicant certifying conformance along with required stormwater calculations shall be indicated on the site plan drawing.

2.

The project and related improvements shall be designed to protect land and water resources from pollution, including pollution of soils, groundwater, rivers, streams, lakes, ponds and wetlands.

3.

Stormwater detention, retention, transport and drainage facilities shall be designed to use or enhance the natural stormwater system on-site, including the storage and filtering capacity of wetlands, watercourses and water bodies, or the infiltration capacity of the natural landscape. Stormwater facilities shall not cause flooding or the potential for pollution of surface or groundwater, on-site or off-site.

b.

Traffic. Site plans shall fully conform to the driveway and traffic safety standards of the village, and as may be applicable, the state department of transportation. If deemed necessary, the reviewing body may require a traffic impact assessment indicating that pedestrian and vehicular traffic movement within and adjacent to the site appears to be safe and convenient with particular emphasis on the layout of parking areas; off-street loading and unloading; and movement of people, goods and vehicles from access streets, within the site, and between buildings and vehicles. The report shall also indicate that all parking spaces are appropriately designed taking into consideration standards applicable to the proposed project, and that such parking spaces are also conveniently arranged. Access to the site from adjacent streets shall be designed in accordance with standards published by the state department of transportation, and the engineer's report shall indicate such access will have minimum negative impact on traffic flow.

c.

Public safety. Site plans shall fully conform to the applicable fire safety and emergency vehicle access requirements of the village fire regulations.

d.

Public health. Site plans shall fully conform to the requirements of the state department of public health and the district three health department.

e.

Compliance. Site plans shall fully conform to all applicable state and federal statutes.

f.

Hazardous substances management. The applicant shall demonstrate that reasonable precautions will be made to prevent hazardous materials from entering the environment including the following:

1.

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.

2.

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

3.

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

4.

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.

5.

Underground storage tank installation, operation, maintenance, closure, and removal shall be in accordance with the requirements of the state police fire marshal division and the state department of natural resources.

6.

Bulk storage facilities for pesticides and fertilizers shall be in compliance with requirements of the state department of agriculture.

(3)

In reviewing every site plan, the planning and zoning administrator, planning commission, and village council (as appropriate) will receive reports, including reports of professionals in the field, and endeavor to analyze, to the best of the reviewing body's ability, that the following features are designed so as to protect public health and safety, prevent harm, protect sensitive natural features and result in a quality design consistent with community standards as reflected in the master plan and this article:

a.

The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. The applicant shall provide certification from the appropriate approval authority, that all buildings are constructed in accordance with state fire and safety codes, and that the proposed design takes into consideration the impact on surrounding development, contiguous and adjacent buildings and lands.

b.

Any exterior lighting must be designed in a fashion to prevent illumination of the night sky and shall be shielded from adjacent properties.

c.

Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees, or combinations thereof to achieve the stated objectives and when designed consistent with the standards of this article.

d.

Landscaping shall be provided as part of the overall site plan design and integrated into building arrangement, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, other plants, sculpture, art and the use of the building and paving materials in an aesthetically pleasing manner consistent with the standards of this article.

e.

Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and if any such signs are located within ten feet of a sidewalk, driveway, access drive or road, the applicant shall provide certification from a professional knowledgeable in the field of traffic movement, that such signs do not pose a hazard to either vehicles or pedestrians, and such signs shall in all other respects meet the requirements of this article.

f.

Sanitary waste disposal, water supply, and garbage disposal shall conform to all requirements of responsible agencies and be designed so as to accommodate future anticipated needs.

g.

Garbage disposal shall be designed to ensure no vermin or rodent infestation. All disposal systems shall meet municipal specifications as to installation and construction. Recycling facilities are encouraged.

h.

The design and layout of buildings and parking areas shall minimize soil exposure and erosion and shall provide for protection of watercourses and wetlands. Any proposed project located within 500 feet of a watercourse or 500 feet of a designated wetlands area (as defined by state statute) shall require the submission of a specific plan and statement clearly establishing that the watercourses and wetlands have, to the extent reasonably possible within the site of the proposed project, been preserved and protected.

(4)

Building design standards. The planning commission may impose reasonable design conditions related to all buildings and accessory structures proposed under this section for the purpose of ensuring that buildings and accessory structures shall be designed such that:

a.

There exists a reasonable harmonious relationship between the locations and visual scale of buildings on the site relative to buildings on lands in the surrounding area.

b.

There is reasonable architectural and functional compatibility between all structures on the site and structures within the surrounding area. It is not intended that contrasts in architectural design or use of non-typical facade materials be prohibited, but rather that care shall be taken so that any such contrasts will not be so out of character with existing building designs and facade materials so as to create an adverse visual effect on the harmony, stability and value of the surrounding area.

c.

The preservation of existing important natural, historical and architectural features within the development is maintained.

(e)

Review and approval process.

(1)

All site plans shall be submitted to, reviewed by, and if in conformance with the requirements of this article, approved by the planning and zoning administrator except for site plans for a special use permit or a planned unit development permit which shall be reviewed as follows:

a.

Upon receipt of a complete application and plans, the planning and zoning administrator shall record the date of their receipt and transmit the following copies of the plans and application as supplied by the applicant to the following:

1.

One copy to each of the planning commission member for special use applications;

2.

One copy to each of the planning commission and village councilmembers for planned unit development applications;

3.

One copy to the fire and emergency services department when necessary;

4.

One copy to the village manager;

5.

One copy to the village planning consultant or engineer, as appropriate; and

6.

One copy to be retained by the planning and zoning administrator.

b.

A site plan shall be reviewed at the public hearing required by the planning commission for a special use permit or planned unit development permit application. A public hearing to receive comment on other site plans shall be scheduled by the planning and zoning administrator for any project for which an escrow fee pursuant to section 44-7(c) was collected, or for any other site plan that the planning commission votes to be subject to a public hearing. Such public hearings shall be preceded by notice processed according to the requirements of section 44-322. Plot plans submitted pursuant to section 44-271(c) and uses for which a site plan was waived pursuant to subsection (b)(2) of this section are not subject to a public hearing.

c.

At the public hearing, a review of the application, plans, and of the recommendation of the planning and zoning administrator or any other public agency or consultant whose comments have been solicited with regard thereto, will be summarized and public comment solicited thereon. Members of the planning commission shall be delivered copies of any professional or staff review of a site plan prior to the hearing for their preliminary information and study.

d.

After conducting any required public hearing and discussing a proposed site plan, the planning commission shall deny, approve, or approve with conditions, the site plan, based on conformance with the requirements and standards contained in this article. Any conditions required by the planning commission shall be stated in writing and shown on the site plan, together with the reasons therefor and delivered to the applicant.

e.

Two copies of the approved site plan, along with any conditions thereto, shall be maintained as part of the village records for future review and enforcement. One additional copy shall be returned to the applicant. Each copy shall be signed along with the date of approval by the chair of the planning commission for identification of the approved plans. If any variances from the village zoning regulations have been obtained from the zoning board of appeals, the minutes concerning the variances, duly signed, shall also be filed with the village records as a part of the site plan and a copy delivered to the applicant.

(2)

Site plans for which the planning and zoning administrator is responsible for review and approval, or rejection if not in conformance with village zoning regulations requirements, shall be processed as follows:

a.

All complete applications and site plans shall be recorded as to date of receipt.

b.

The planning and zoning administrator shall review the application and site plan and such reports from public agencies and abutting property owners as were solicited or received, as well as the degree of conformance or nonconformance of the site plan to all applicable standards of the village zoning regulations and prepare a written set of findings, conditions and the decision on the request. Any conditions shall be stated in writing and shown on the site plan, together with the reasons therefor and a copy delivered to the applicant.

c.

Two copies of the approved site plan, along with any conditions thereto, shall be maintained as part of the village records for future review and enforcement. One additional copy shall be returned to the applicant. Each copy shall be signed along with the date of approval by the planning and zoning administrator. If any variances have been obtained from the zoning board of appeals, the minutes concerning the variances, duly signed, shall also be filed with the village records as part of the site plan and a copy delivered to the applicant.

d.

The planning and zoning administrator may request that the planning commission review and approve any site plan which otherwise would not require their approval. In such case, the procedure in subsection (e)(1) of this section shall be followed.

e.

A decision of the planning and zoning administrator on a site plan for other than special use permit or planned unit development permit may be appealed to the zoning board of appeals.

f.

Once each month the planning and zoning administrator shall prepare a list of all pending site plans and those that have been approved since the last list was prepared. The list shall be provided to the planning commission before their next regularly scheduled meeting.

(f)

Denial or approval with conditions.

(1)

Site plans for special use permits, planned unit development permits, or other discretionary approvals, may be approved with reasonable conditions.

(2)

The conditions may include conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

(3)

A site plan shall be approved if it contains the information required and is in compliance with this article and with the conditions imposed pursuant to this article, other village planning documents, other applicable ordinances, and state and federal statutes.

(4)

The decision to deny, approve, or approve with conditions a site plan shall be based upon requirements and standards contained in this article, other village planning documents, other applicable ordinances, and state and federal statutes.

(5)

Once the site plan is approved and properly signed, any necessary special use permit, planned unit development permit, zoning compliance permit, or building permit may be issued.

(g)

Conformity to approved site plans. Property which is the subject of site plan approval must be developed in strict compliance with the approved site plan and any amendments thereto which have received the approval of the permit-issuing authority. If construction and development does not conform to such approved plans, the owner shall be cited with a violation and notified that following a hearing, the permit may be revoked. Upon revocation of such approval, all construction activities shall immediately cease upon the site, other than for the purpose of correcting the violation.

(h)

Appeals of site plan decisions. An appeal of a site plan decision by the planning and zoning administrator may be taken to the zoning board of appeals in the same manner as other administrative decisions, except that no appeal of a site plan decision may be taken to the zoning board of appeals if it involves a special use permit or a planned unit development permit.

(Ord. No. 458, § 607, 3-2-2015; Ord. No. 2023-03, 11-21-2023)

(a)

Subdivisions, condominium subdivisions and site condominiums.

(1)

Subdivisions, including condominium subdivisions and site condominiums, are subject to a multi-step approval process. Physical improvements to the land to be subdivided are authorized by a final preliminary plan approval as provided in subsection (d) of this section and the sale of lots in plats of subdivision are permitted after final plat approval as provided in subsection (e) of this section.

(2)

Lot splits shall be subject to the requirements of section 44-235(g)(8).

(b)

General regulations for the subdivision of land.

(1)

Subsections (a) through (d) of this section apply to applications for condominium subdivisions and site condominiums in addition to subdivisions being approved under the provisions of the Land Division Act, MCL 560.101 et seq.

(2)

No person may subdivide land except in accordance with all of the provisions of this article applicable to the subdivision of land. In particular, no person may subdivide land unless and until a final plat of the subdivision has been approved in accordance with the provisions of subsections (e)(1) through (4) of this section.

(3)

The county register of deeds may not record a plat of any subdivision within village jurisdiction unless the plat has been approved in accordance with the provisions of this article.

(c)

Optional preapplication contact and sketch plan.

(1)

Subdivider discretion. The utilization of preapplication procedures for pre-preliminary plat or site condominium plans as provided in this section is not authorized by statute. Its use, then, is entirely at the discretion of the subdivider. The subdivider is encouraged to use the procedure because of the advantages to the subdivider as identified in the purposes outlined in this subsection. One advantage is that the planning commission can give approval prior to the subdivider incurring the expense of preparing complete preliminary plat or site condominium plan submission. The subdivider desiring to utilize preliminary plat procedures may so advise the village clerk and the planning commission at the time the preliminary plat or site condominium plan is submitted as provided.

(2)

Purpose. The purpose of preapplication procedure is:

a.

To provide guidelines for the subdivider concerning development policies of the village.

b.

To acquaint the subdivider with the platting procedures and requirements of the village council and planning commission, as well as other agencies.

c.

To provide the planning commission and other affected agencies with general information concerning the proposed development.

(3)

Acceptance. Acceptance of the sketch plan does not ensure acceptance of the preliminary plat or site condominium plan.

(4)

Requirements.

a.

The pre-preliminary plat or sketch plan shall show the subdivision's entire development scheme in schematic form, in accordance with the requirements of section 44-235, including the area for immediate development, and shall include the following:

1.

General layout of streets, blocks and lots in sketch form in accordance with section 44-235.

2.

Existing conditions and characteristics of the land on and adjacent to the site, including the developer's total land holdings, buildings, and land uses adjacent to the site.

3.

Any general area set aside for schools, parks, and other community facilities.

b.

A letter from a licensed surveyor concerning the general feasibility of the land for subdividing shall accompany the sketch plan.

c.

The village council and planning commission may require such proof of ownership of the land proposed to be subdivided as they deem necessary.

d.

A finding of fact and environmental assessment shall accompany the sketch plan.

(5)

Procedure.

a.

The subdivider shall submit 13 copies of the pre-preliminary plat or site condominium plan to the planning and zoning administrator ten days before the next meeting of the planning commission.

b.

The planning and zoning administrator shall promptly transmit the 13 copies of the pre-preliminary plat or site condominium plan to the planning commission.

c.

The planning commission and village staff will review the plan with the subdivider or his/her agent. The commission may also require that copies of the pre-preliminary plat or site condominium plan be submitted to other affected public agencies for review.

d.

The planning commission shall inform the subdivider or his/her agent of village development policies and make appropriate comments and suggestions concerning the proposed development scheme.

e.

The planning commission may hold a public hearing on the proposed plat or site condominium plan, unless the plat or site condominium plan has been the subject of a previous public hearing as a zoning change request.

f.

The planning commission shall inform the village council of the results of the review of the pre-preliminary plat or site condominium plan.

(d)

Preliminary plats for tentative preliminary approval of provisions.

(1)

Requirement. Before making or submitting a final plat or site condominium plan for approval, the proprietor shall make a preliminary plat or site condominium plan and submit copies to authorities as provided in MCL 560.111 through 560.119 and the appropriate provisions of this article. A preliminary plat shall show the subdivision or site condominium plan layout in sufficient detail on a topographic map to enable a determination of whether the subdivision or site condominium meets village requirements for lots and streets including drainage, wetlands and floodplains.

(2)

Submittal and validation. The subdivider shall first submit to the planning and zoning administrator for validation, sufficient copies of the preliminary plat or site condominium plan and proposed protective covenants and deed restrictions to meet the requirements of MCL 560.111 through 560.119. The subdivider shall also submit a written application for approval and also the fee established by the village council for review of plat or site condominium plans.

(3)

Size and scale. The preliminary plat or site condominium plan shall be on paper or other drafting medium not less than 18 inches by 24 inches, at a scale of at least one inch to 100 feet showing the date and north arrow.

(4)

Information required. The following shall be shown on the preliminary plat or site condominium plan or submitted with it in accordance with the requirements of this article.

a.

The name of the proposed subdivision.

b.

Names, addresses and telephone numbers of the subdivider and the surveyor preparing the plat or site condominium plan.

c.

Location of the subdivision, giving the numbers of section, village and range and the name of the village and county.

d.

The names of abutting subdivisions or site condominiums.

e.

Statement of intended use of the proposed plat or site condominium plan, such as the following: residential single-family, two-family and multiple housing; commercial, industrial, recreational, or agricultural.

f.

Statement of proposed sites, if any, for multifamily dwellings, shopping centers, churches, industry, and nonpublic uses exclusive of single-family dwellings. Also, any sites proposed for parks, playgrounds, schools, or other public uses.

g.

A map of the entire area scheduled for development and all contiguous land owned by the proprietor, if the proposed plat or site condominium plan is a portion of a larger holding intended for subsequent development.

h.

A location map showing the relationship of the proposed plat or site condominium plan to the surrounding area.

i.

The land use and existing zoning of the proposed subdivision and the adjacent tracts.

j.

Contours shown on the preliminary plat or site condominium plan at five-foot intervals where slope is greater than ten percent and two-foot intervals where slope is ten percent or less.

k.

Streets, street names, right-of-way and roadway widths, lot lines and total number of lots by block; proposed and existing storm and sanitary sewers, water mains and their respective profiles and any other such improvements in accordance with section 44-235.

l.

A site report as described in the rules of the state department of public health, if the proposed subdivision will not be served by a public sewer and water system.

(5)

Preliminary engineering plans.

a.

Submission of plans; preliminary determination by planning commission. The subdivider shall submit three sets of preliminary engineering plans for streets, water, sewers and other required public improvements. The engineering plans shall contain enough information and detail to enable the planning commission to make preliminary determination as to conformance of the proposed improvements to applicable village regulations and standards.

b.

Procedures; tentative approval of preliminary plat or site condominium plan.

1.

Distribution to authorities. The proposed preliminary plat or site condominium plan shall be delivered to the village council with simultaneous delegated reference to the planning commission for preliminary review (the village council has 90 days before rendering tentative preliminary approval). The village council shall refer the proposed plat or site condominium plan to the next meeting of the village planning commission and send a copy to the village planner. The reference will be simultaneous and carried out by the village clerk upon receipt of the plat or site condominium plan from the proprietor.

2.

Staff review. The planning and zoning administrator or a certified professional planner shall send recommendations to the planning commission.

(6)

Actions.

a.

Planning commission actions.

1.

The planning commission shall review the preliminary plat or site condominium plan and the planning commission may hold a public hearing on the proposed plat or site condominium plan, unless the plat or site condominium plan has been the subject of a previous public hearing.

2.

If the preliminary plat or site condominium plan meets all the requirements of this article, the planning commission shall send notice of action taken with comments to the village council. If the preliminary plat or site condominium plan does not meet all requirements of this article, the planning commission shall notify the subdivider by letter, giving the earliest date for resubmission of the plat or site condominium plan and additional information required.

3.

The planning commission shall give its report to the village council not more than 60 days after receipt by the village clerk. The 60-day period may be extended if the applicant consents. If no action is taken within 60 days, the preliminary plat or site condominium plan shall be deemed to have been approved by the planning commission.

b.

Village council actions.

1.

The village council shall not tentatively review, approve, or deny a tentative preliminary plat or site condominium plan until it has received the planning commission's report and recommendations.

2.

The village council shall consider, review, approve or deny the tentative preliminary plat or site condominium plan at its next meeting, but not later than 90 days after the date the preliminary plat or site condominium plan was received by the village.

3.

The village council shall, within 90 days after the date the complete preliminary plat or site condominium plan application was received by the village, either reject the preliminary plat or site condominium plan and give its reasons or set forth in writing the conditions for granting tentative approval.

(7)

Conditions and duration of tentative approval.

a.

Tentative approval of a preliminary plat or site condominium plan shall not constitute approval of the preliminary plat or site condominium plan, but rather the preliminary plat or site condominium plan approval shall be conditioned on all requirements being met.

b.

Approval of the tentative preliminary plat or site condominium plan by the village council shall be for a period of one year from the date of its approval by the village council. The village council may extend the one-year period upon application by the subdivider if the village council determines that the subdivider has pursued the development in good faith and without unreasonable delay, and that the plan conforms with the requirements of the village zoning regulations as of the date of the extension. An extension shall be granted in writing.

(8)

Final approval of preliminary plat or site condominium plan.

a.

The subdivider shall prepare the preliminary plat or site condominium plan in accordance with the specific requirements of the following agencies and obtain their approvals. The above approvals may be sought concurrently or consecutively at the option of the subdivider.

1.

County road commission (three copies).

2.

County drain commissioner (three copies).

3.

State department of transportation (two copies).

4.

State department of natural resources (two copies).

5.

County health department (two copies).

6.

Village planning commission (13 copies).

b.

The subdivider shall submit the preliminary plat or site condominium plan to the village council for approval when there has been compliance with all the applicable provisions of the Land Division Act, MCL 560.101 et seq. All conditions set forth by agencies in subsection (d)(9)a of this section, must be noted on preliminary plat or site condominium plan for future reference. village council shall approve or reject the plat or plan within 20 days of submission.

(9)

Conditions and duration of preliminary plat.

a.

Approval of a preliminary plat or site condominium plan shall not constitute approval of the final plat or site condominium plan. Final plat or site condominium plan approval shall be conditioned on all requirements being met.

b.

Approval of the preliminary plat or site condominium plan by the village council shall be for a period of two years from the date of its approval after approval by the other required authorities. The village council may extend the two-year period upon application by the subdivider. An extension shall be granted in writing.

(10)

Commencement of plat construction. Plat construction may commence after village council approval of the preliminary plat or site condominium plan.

(e)

Final plats.

(1)

Requirements.

a.

Final plats shall be prepared and submitted as provided for in the Land Division Act, MCL 560.101 et seq.

b.

A written application for approval and the recording fee shall accompany all final plats.

c.

The subdivider shall submit proof of ownership of the land included in the final plat in the form of an abstract of title certified to the date of the proprietor's certificate, or a policy of title insurance currently in force.

d.

The village may require such other information as it deems necessary to establish whether the proper parties have signed the plat.

e.

Time of submittal. In the event of any significant changes, final plats shall be submitted to the planning and zoning administrator at least ten days before a meeting of the planning commission.

(2)

Submittal to approving authorities. The subdivider shall submit the final plat and as-built engineering plans where required for approval to the following:

a.

County road commission. For approval when a village street abuts a county road.

b.

County drain commissioner. Issuance of a letter of approval or rejection. The letter shall be issued within ten days of submission.

c.

County health department. For issuance of a letter of approval or rejection.

d.

Planning commission through the planning and zoning administrator. For recommendations to the village council.

e.

Planning and zoning administrator. For approval or rejection by the village council.

(3)

Planning commission actions.

a.

The planning commission shall examine the plat at its next regular meeting, or within 30 days of receipt thereof, for conformance to:

1.

The provisions of the Land Division Act, MCL 560.101 et seq.

2.

The provisions of this article.

3.

The preliminary plat, as approved.

b.

The time for review and recommendations by the planning commission may be extended by agreement with the subdivider.

c.

If the planning commission recommends denial of the plat by the village council, it shall state its reasons in its official minutes and forward them to the village council and recommend that the village council deny the final plat until reasons for denial have been eliminated to meet with the approval of the planning commission.

d.

Planning commission recommendations for approval of the plat by the village council shall be accompanied by a report.

(4)

Village council actions.

a.

The village council shall review the final plat and the report from the planning commission at its next regular meeting or at a meeting to be called within 20 days of receipt from the planning commission.

b.

The village council shall approve or deny the plat. If denied, the village council shall give the subdivider its reasons in writing.

c.

The village council shall instruct the village clerk to record all proceedings in the minutes of the meeting, which shall be open for inspection, and to sign the municipal certificate on the approved plat on behalf of the village council.

(5)

Improvements and facilities required by the village.

a.

The village council may require all improvements and facilities to be completed before it approves the final plat.

b.

If improvements and facilities are not required to be completed by the village council before plat approval, the final plat shall be accompanied by a contract between the subdivider and the village council for completion of all required improvements and facilities, which shall be prepared at the expense of the subdivider and approved as to form by the village attorney.

c.

Performance of the contract shall be guaranteed by a cash deposit, certified check, surety bond, or irrevocable bank letter of credit.

d.

The village council shall not require a bond duplicating any bond required by another governmental agency.

e.

Such surety shall be rebated or credited to the account of the subdivider as the work progresses, as included in a written agreement between the village and subdivider.

(6)

Conditions for village approval of final plat.

a.

With respect to financial guarantees, the approval of all final subdivision plats shall be conditioned on the accomplishment of one of the following:

1.

The construction of improvements required by this article shall have been completed by the subdivider and approved by the village council.

2.

Surety acceptable to the village council shall have been filed in the form of a cash deposit, certified check, negotiable bond, irrevocable bank letter of credit or surety bond.

b.

Before approval of a final plat, an agreement between the subdivider and the village council shall be made to provide for checking or inspecting the construction of public improvements and conformity to plans.

c.

In the event the subdivider shall, in any case, fail to complete such work within such period of time as required by the conditions of the guarantee for the completion of public improvements, it shall be the responsibility of the village council to proceed to have such work completed if there are monies available for their reimbursement. In order to accomplish this, the village council shall reimburse itself for the cost and expense thereof by appropriating the cash deposit, certified check, irrevocable bank letter of credit, or negotiable bond which the subdivider may have deposited in lieu of a surety bond or may take such steps as may be necessary to require performance by the bonding or surety company, as included in a written agreement between the village council and the subdivider.

(7)

County plat board. Upon approval, the village council shall refer the plat to the county plat board for approval and referral to the state department of commerce.

(8)

State department of treasury. Approval shall be received from the state department of treasury in accordance with MCL 560.169 through 560.171.

(9)

Recording of plat. Sale of lots cannot take place until the final plat is recorded by the county register of deeds.

(Ord. No. 458, § 608, 3-2-2015)