It is the intent of this article to require site plan review and approval prior to issuance of a zoning compliance permit for certain buildings, structures and uses to ensure that the arrangement, location, design and materials within a site are consistent with the character of the city and the goals and design guidelines in the City of Farmington Master Plan. In particular, the standards herein are intended to minimize negative impacts on natural resources, utility systems, public service delivery, traffic operations, adjacent neighborhood or district character and the character of future development.

It is further the intent of this article to bring existing sites that do not conform with current standards of this chapter into greater conformity when uses change or an exterior renovation or expansion is proposed.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

A zoning compliance permit shall not be issued until a plan is approved in accordance with the procedures and standards set forth herein and all necessary review, inspection and permit fees have been fully paid.

B.

The following table lists those items that require planning commission approval or administrative approval. The table also indicates whether a full site plan is required or where a less detailed architectural site plan is allowed. Activities exempt from obtaining approval under this article are still subject to building permit requirements.

Notes:

(1)

The planning commission may approve typical model home designs at the time of approval of a subdivision or condominium, and individual dwellings within the development that are substantially in conformance with these typical plans can be approved administratively by the building official.

(2)

Prior to submittal of a plan to the planning commission, a plan shall be submitted to the city historical commission for review and comment according to Chapter 17, Historic Preservation, of the City of Farmington Code of Ordinances. The historical commission shall submit its recommendation to the planning commission within thirty (30) days of the receipt of the plan documents.

(3)

Unless otherwise noted in Article 2, General Provisions. Accessory buildings in the Historic District shall require planning commission approval.

(4)

Administrative approval shall only be granted where all requirements are met. Any modifications or waivers allowed by this chapter for building design, parking, landscaping or other design requirements must be approved by the planning commission.

(5)

In accordance with section 35-208, nonconforming sites.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

Preliminary Plan Review (Optional). The planning commission approval process includes an optional review of a preliminary plan by the planning commission and/or city staff. This option is recommended for new construction, uses that abut single-family areas, special land uses and PUDs. The applicant may submit an architectural site plan or even less detailed concept plan for the planning commission and city staff to review and provide general comment on compliance with the standards of this chapter and to discuss architectural and site concepts and alternatives prior to the preparation of a complete application.

B.

Final Planning Commission Review. When a planning commission review is required in accordance with section 35-162, uses subject to site plan review, an application shall be submitted to the building department, ten (10) days prior to a regularly scheduled planning commission meeting. The application shall include:

1.

A completed application form, available at the building department or city manager's office.

2.

The number of copies of the plan as specified by the city manager's office, containing the information required by section 35-165.

3.

An application fee; note that a separate escrow deposit may be required for administrative or consultant charges to review the plan submittal.

C.

Engineering Plan Review. Following final site plan approval and prior to issuance of a certificate of zoning compliance or building permit, appropriately detailed engineering plans shall be submitted for review and approval by the city engineer. Engineering plans shall contain all required information and details, and shall reflect all conditions of final site plan approval.

D.

Standards for Approval. Based upon the following standards, the planning commission may deny, approve, or approve with conditions the plan:

1.

Site Design Characteristics. All elements of the plan shall be designed to take into account the site's topography; the size and type of lot; the character of adjoining property; the type and size of buildings; pedestrian circulation and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter. The site shall be designed to conform to all provisions of this chapter.

2.

Building Design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion and color. High standards of construction and quality materials will be incorporated into the new development in accordance with the requirements of section 35-53, nonresidential design requirements. Buildings shall be designed to take advantage of natural heating, cooling, and buffering opportunities and incorporate energy efficient fixtures.

3.

Change of Use and Redevelopment. For changes of use and site alterations or building expansions, the planning commission shall determine the extent of improvement required in relation to the extent of change proposed. In particular the planning commission may require changes to improve public safety; closure or redesign of driveways; redesign or resurfacing of parking and loading areas; installation of curbing; replacement or additions to landscaping or screening; upgrades to lighting; relocation and enclosure of waste receptacles; and upgrades to the building exterior.

4.

Preservation of Significant Natural Features. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Views of the river valley shall be preserved and protected. Insofar as practical, natural features and the site topography shall be incorporated into the proposed site design.

5.

Streets. All streets shall be developed in accordance with the City of Farmington standards, unless developed as a private road in accordance with the requirements of section 35-50, private roads. All streets shall be designed to accommodate all modes of transportation. Street connections shall be provided where necessary to enhance vehicular and pedestrian connectivity to surrounding neighborhoods.

6.

Access, Driveways and Circulation. Safe, convenient, uncongested and well-defined vehicular circulation within and to the site shall be provided and shall meet the following criteria:

a.

Drives, streets, parking and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points.

b.

All driveways shall meet the design and construction standards of the city.

c.

Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site.

d.

For uses having frontage and/or access on a major street, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the provisions of Article 14, Off-Street Parking and Loading Standards and Access Design.

7.

Emergency Vehicle Access. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access as required by the fire department and police department.

8.

Sidewalks, Pedestrian and Bicycle Circulation. Safe pedestrian circulation and access to building entrances shall be provided. Conflicts between pedestrian pathways and traffic circulation shall be minimized to the extent practical. In locations where transit is available, convenient pedestrian access shall be provided from the building entrance to the transit stop. Pedestrian circulation shall be as provided in section 35-45, pedestrian walkways.

9.

Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the minimum required by Article 14, Off-Street Parking and Loading Standards and Access Design. Parking lots shall be designed to minimize the amount of impermeable surface.

10.

Loading. All loading and unloading areas and outside storage areas, including waste receptacles, shall be accessed and screened in accordance with section 35-174, off-street loading and unloading.

11.

Waste Receptacles. Waste receptacles shall be provided as required in section 35-51, waste receptacles and enclosures.

12.

Lighting. Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets in accordance with section 35-48, exterior lighting.

13.

Mechanical Equipment and Utilities. Mechanical equipment and utilities, including roof-mounted, building-mounted and ground-mounted, shall be screened in accordance with the requirements of section 35-52, mechanical equipment.

14.

Landscaping. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions of Article 15, Landscape Standards. Potable water consumption for irrigation shall be minimized to the extent practical through utilization of plant species that minimizes the need for irrigation, irrigation efficiency, use of captured rainwater or use of recycled wastewater.

15.

Utilities and Stormwater Management. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development. All utilities and stormwater management facilities shall be reviewed and approved by the city engineer. Low impact stormwater management techniques shall be used wherever possible such as pervious pavement, bio-swales, rain gardens and green roofs.

16.

Noise. The site has been designed, buildings so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts and to comply with the city's noise ordinance.

17.

Other Agency Reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including, but not limited to, the Michigan Department of Environmental Quality (MDEQ), Michigan Department of Transportation (MDOT) and other federal, state and county agencies, as applicable.

D.

Conditions of Approval.

1.

As part of an approval to any plan, the planning commission may impose any additional conditions or limitations as may be 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. Conditions may also be imposed 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. Such conditions shall be considered necessary by the planning commission to ensure compliance with the review standards, and necessary to meet the intent and purpose of this chapter.

2.

Approval of a plan, including conditions made as part of the approval, runs with the property described as part of the application and not with the owner of such property.

3.

A record of conditions imposed shall be recorded on the plan and maintained by the city. The conditions shall remain unchanged unless an amendment to the plan is approved by the planning commission.

4.

The building official may require that the applicant revise and resubmit a plan in compliance with the conditions imposed by the planning commission. Should resubmittal be required, all modifications shall be highlighted on the plan in such a manner that the modifications are easily identified.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

The intent of this section is to provide for an administrative review and approval by the building official of plans as required by section 35-162, uses subject to site plan review.

B.

A plan may be submitted for administrative review for uses noted in section 35-162, uses subject to site plan review. An administrative review may also consist of a review of the conditions imposed on an approved site plan by the planning commission.

C.

When administrative review is required in accordance with section 35-162, uses subject to site plan review, an application shall be submitted to the building department. The application shall include:

1.

A completed application form, available at the building department or city manager's office.

2.

An application fee; note that a separate escrow deposit may be required for administrative or consultant charges to review the site plan submittal.

3.

A full site plan or architectural site plan, as required in section 35-162, that contains the information required by section 35-165.

D.

If the administrative review consists of a review of an approved site plan with conditions by the planning commission, the complete site plan must be submitted with all revisions highlighted in such a manner that all modifications are easily identified.

E.

The building official may waive some of the above submittal requirements where not deemed necessary to determine compliance with the standards of this chapter.

F.

The building official retains the option to consult with the city engineer, attorney or planner, or to require additional information or a complete site plan for review by the planning commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts or sites experiencing significant problems with drainage, traffic, noise, aesthetics or other general health and safety issues.

G.

The building official may deny, approve, or approve with conditions the plan based upon the standards of subsection 35-163.D.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

The following minimum information shall be included on all site plans and sketch plans required in accordance with section 35-162, uses subject to site plan review:

B.

Additional information may be required, if in the opinion of the building official, planning commission or other board or official charged with the review of plans, such information is required to ensure compliance with the ordinance. Additional information required may include, but is not limited to, the following:

1.

Where building additions, parking expansions or other structures are proposed within three (3) feet of the property line, plans must also include a boundary survey to ensure proper setbacks will be maintained.

2.

Building elevation illustrations or 3-D models of the building and surrounding buildings for administrative facade changes in the CBD, if the proposed change is significant enough to have potential effects on the character of the block or surrounding buildings.

C.

The planning commission shall determine the amount of detail required on a final site plan. Certain detail may be waived when not necessary to the review in question; however, prior to obtaining a certificate of zoning compliance or building permit, a fully engineered site plan containing all required information that reflects any conditions of approval shall be submitted.

D.

Following approval of the site plan and prior to receiving a building permit, digital files of the site plan drawings shall be provided to the city. Acceptable data formats are ESRI shapefiles, DXF, or AUTOCAD DWG. Digital files shall contain information which references either government corners or existing public right-of-way intersections in distance and direction from the project area. All digital files will be created at a one to one (1:1) scale. Feature or element information within the digital files shall be isolated by both feature groups (files) and layers/levels and shall include a written description of both the layer name and the information contained on the layer(s).

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

In cases where actual physical construction of a substantial nature of the structures authorized by a plan approval has not commenced within one (1) year of issuance of a building permit, and a written application for extension of the approval has not been filed as provided below, the plan approval shall automatically become null and void and all rights thereunder shall terminate.

B.

Upon written application prior to expiration, the building official may authorize an extension of the time limit of the plan approval. The building official may elect to send the request to the planning commission.

C.

No application for a plan approval which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions relating to any reason noted for the denial found to be valid by the planning commission.

(Ord. No. C-746-2010, § 1, 4-19-10)

Amendments to the approved plan may occur as follows:

A.

An applicant or property owner who has been granted plan approval shall notify the building official of any proposed amendments to an approved plan.

B.

Minor changes may be approved by the building official upon certification in writing to the planning commission that the proposed revision does not alter the basic design, compliance with the standards of this chapter, nor any specified conditions of the plan as agreed upon by the planning commission.

C.

Should the building official determine that the requested modification to the approved plan is not minor, a new plan in accordance with the requirements of this article, shall be submitted.

(Ord. No. C-746-2010, § 1, 4-19-10)

An appeal of a planning commission decision concerning a plan shall be to the circuit court of Oakland County.

(Ord. No. C-746-2010, § 1, 4-19-10)

A.

It shall be the responsibility of the owner of the property for which plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which plan approval was based, or until a new site design is approved. This maintenance requirement includes landscaping, walls, fences, pavement, pavement markings, building exterior, drainage facilities and all other elements of the approved plan.

B.

Any property owner who fails to properly maintain an approved plan and site design shall be deemed in violation of this chapter and shall be subject to the penalties appropriate for a violation.

C.

With respect to condominium projects, the master deed shall contain provisions describing the responsibilities of the condominium association, condominium owners, and public entities, with regard to maintenance of the property in accordance with the approved plan on a continuing basis. The master deed shall further establish the means of permanent financing for required maintenance and improvement activities which are the responsibility of the condominium association.

(Ord. No. C-746-2010, § 1, 4-19-10)