a.

It is the intent of this article to require site plan review approval by the planning commission prior to issuance of a building permit for certain buildings, structures, and uses that can be expected to have an impact on natural resources, traffic patterns, adjacent parcels, and the character of future development, and for all special land uses, to ensure that all such buildings, structures, and uses are in conformity with the provisions of this article.

b.

It is further the intent of this article to require the eventual upgrade of existing sites that do not conform with current standards of this article and 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 Fenton Master Plan.

(Ord. No. 622, § 16.01, 6-28-04)

(Ord. No. 622, § 16.02, 6-28-04; Ord. No. 643, § 2, 1-14-08)

Site plans for planned unit developments, site condominiums and condominium subdivisions shall be subject to the provisions of Article XIII, Planned Unit Development Overlay Standards; in addition, site condominiums and condominium subdivisions shall be subject to Article XVIII, Condominium Development Standards and The Condominium Act (MCLA 559.101 et seq.).

(Ord. No. 622, § 16.03, 6-28-04)

The site plan approval process includes a review, at the option of the applicant, of a preliminary site plan by the planning commission. This option is recommended for site plans affecting over five acres, plans affecting locations designated in the City of Fenton Master Plan as having significant natural features, sites containing floodplain or within the flood hazard zone, sites containing or potentially containing MDEQ designated/regulated wetlands, special land uses and complex commercial developments. The review of a preliminary site plan allows the planning commission and city staff to review and comment on the project's compliance with the requirements of this article prior to the preparation of all the required site plan review materials. The process is illustrated in Figure 2.2, Development Approval Process.

(Ord. No. 622, § 16.04, 6-28-04; Ord. No. 627, § 7, 4-11-05)

The site plan shall include all the following information, unless the building official/zoning administrator determines that some of the required information is not reasonably necessary:

a.

Application, form and fees. A completed application form, supplied by the city clerk, building official/zoning administrator, and an application fee; a separate escrow deposit may be required for administrative charges to review the site plan submittal. An application will not be placed on the planning commission agenda until the building official/zoning administrator determines that the application is complete as reviewed by city staff and consultants.

b.

Proof of ownership. Current proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.

c.

Project schedule. A narrative indicating the period of time within which the project will be completed.

d.

Copies. Fifteen copies of the site plan.

e.

Sheet size. Sheet size of submitted drawings shall be 24 inches by 36 inches, with graphics at an engineers scale of one inch equals 20 feet for sites of 20 acres or less; and one inch equals 100 feet or less (i.e. one inch equals 20 to 100 feet) for sites over 20 acres.

f.

Cover sheet. Cover sheet providing:

1.

Applicant's name.

2.

Name of the development.

3.

Preparer's name and professional seal of architect, engineer, surveyor, or landscape architect indicating license in the State of Michigan.

4.

Date of preparation and revision dates.

5.

North arrow.

6.

Property lines and dimensions.

7.

Complete and current legal description and size of property in acres.

8.

Small location sketch of sufficient size and scale to determine the site's location within the city.

9.

Note on each plan sheet stating "Not to Be Used as Construction Drawings."

g.

Site plan. Plan sheet(s) indicating:

1.

Zoning and current land use of applicant's property and all abutting properties and of properties across any public or private street from the site.

2.

Lot lines and all structures on the property and within 100 feet of the site's property lines.

3.

Location of any vehicle access points on both sides of the street within 100 feet of the site along streets where vehicle access to the site is proposed.

4.

Existing buildings and any public or private easements, noting those which will remain and which are to be removed.

5.

Layout and typical dimensions of proposed lots, footprints and dimensions of proposed buildings and structures; uses with the acreage allotted to each use; for residential developments, the number, type, and density of proposed housing units; if a multi-phase development is proposed, identification of the areas included in each phase.

6.

Elevations showing height, materials and colors for all proposed structures, including any residential units, shall be provided and considered part of the approved site plan; the building elevations must show all rooftop mechanical units along with the proposed method of screening.

7.

Building footprints, setbacks, typical floor plans and a sketch of any ground mounted equipment to scale along with required screening.

8.

Existing and proposed locations of utility services (with sizes), including storm drainage, retention or detention ponds, fire hydrants, and any public or private easements; notes shall be provided clearly indicating which existing services will remain and which will be removed;

9.

Locations of all natural, historical, and architectural features; natural features shall include all woodlands, trees (in accordance with section 36-21.03 Replacement of removed trees), wetlands, lakes, rivers, drainageways, topography, etc..

10.

Location(s) of any MDEQ-regulated wetland, including submission of a wetland delineation by a qualified wetland consultant, and indication of the status of application for an MDEQ wetland permit or copy of permit received including description of any wetland mitigation required (see Article XXIV, Environmental Protection Standards); and location of other non-regulated wetland areas over two contiguous acres.

11.

Location and method of screening for all waste receptacles including dumpsters and compactors, meeting the requirements of section 36-2.35 Waste receptacles and enclosures;

12.

Location and dimensions of parking lots and spaces, and loading/unloading areas (including vehicle pathway to access loading area), and calculations to meet the requirements of Article XIX, Off-Street Parking and Loading-Unloading Standards.

13.

Details of exterior lighting meeting the requirements of Article XXIII, Lighting Standards including locations, height, method of shielding; and a photometric grid overlaid on the proposed site plan indicating the overall light intensity throughout the site (in footcandles);

14.

Size, type, and location of proposed identification signs including:

(a)

Location, type, height and method of lighting for identification signs.

(b)

Location and type of any directional or regulatory/traffic control signs, with details for any sign not conforming to the Michigan Manual of Uniform Traffic Control Devices.

15.

Details of site circulation and access design, including:

(a)

Dimensions of existing and proposed right-of-way lines, including those abutting the site, and names of abutting public streets.

(b)

Indication of pavement widths and pavement type including internal service and access drives.

(c)

Street horizontal and vertical dimensions, including curve radii.

(d)

Locations and dimensions of access points, including deceleration or passing lanes, distance from adjacent driveways or intersection streets, including those across a street.

(e)

Location of existing sidewalks and location and dimensions for proposed sidewalks and bicycle paths.

(f)

Written verification of access easements or agreements, if applicable.

h.

Landscape plan. A landscape plan in accordance with Article XXI, Landscape Standards and Tree Replacement indicating proposed plant locations with common plant name, number, and size in caliper at installation. Berms, retaining walls or fences shall be shown with elevations from the surrounding average grade.

i.

Grading plan. A site grading plan for all developments where grading will occur, with existing and proposed topography at a minimum of two-foot contour levels and with topography extending a minimum of 50 feet beyond the site in all directions and a general description of grades within 100 feet, and further where required to indicate stormwater runoff into an approved drain or detention/retention pond.

j.

Stormwater management plan. A general description and location of stormwater management system shall be shown on the grading plan, including pre- and post-site development runoff calculations used for determination of stormwater management, and location and design (slope) of any retention/detention ponds. Stormwater outfall structures or basins constructed in an MDEQ-regulated wetland may require an MDEQ wetland permit; and, if constructed below the ordinary high water mark of an inland lake or stream, will require a permit under the Inland Lakes & Streams Act, PA 346 of 1972, as amended. Status of all such MDEQ permit applications or copies of permits with attached conditions shall be provided as applicable.

k.

Additional items. Any additional graphics or written materials requested by the planning commission or city council to assist the city in determining the compliance with the site plan standards, such as aerial photography, photographs, traffic impacts using trip generation rates recognized by the Institute of Transportation Engineers (ITE) for an average day and peak hour of the affected roadways, and impact on significant natural features and drainage.

l.

Flood hazard overlay zones. The following information shall be submitted as a part of an application for permission to commence any type of development within the flood hazard area overlay zone:

1.

The elevation of the ground floor and any basement floors of all structures.

2.

A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

3.

Proof of development permission from appropriate city, state, and federal agencies as required by section 36-24.02, General standards for flood hazard reduction, including a floodplain permit, approval, or letter of authority from the Michigan Department of Environmental Quality under authority of Act 245 of the Public Acts of 1929, as amended by Act 167 of the Public Acts of 1968, the Flood Plain Regulatory Authority.

4.

Base flood elevation data where the proposed development is subject to Act 288 of the Public Acts of 1967, the Subdivision Control Act, or greater than five acres in size.

5.

Additional information which may be reasonably necessary to determine compliance with the provisions of this article.

(Ord. No. 622, § 16.05, 6-28-04; Ord. No. 627, § 8, 4-11-05; Ord. No. 643, § 2, 1-14-08)

Based upon the following standards, the planning commission may recommend approval, approval with conditions or denial of the site plan:

a.

General. All elements of the site plan shall be designed to take into account the site's topography, existing historical and architectural features, the size and type of plot, the character of adjoining property 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 Article.

b.

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 36-2.20, Non-residential development requirements.

c.

Preservation of significant natural features. Judicious effort shall be used to preserve the integrity of the land, existing topography, and natural features, in particular woodlands, MDEQ-designated/regulated wetlands, and, to a lesser extent, wetlands which are not regulated by the MDEQ.

d.

Landscaping. The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the requirements of this article. Landscaping shall be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions of Article XXI, Landscape Standards and Tree Replacement.

e.

Streets. All streets shall be developed in accordance with the City of Fenton Subdivision Control Ordinance and construction standards, unless developed as a private road in accordance with the requirements of section 36-2.23, Private road standards.

f.

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

1.

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.

2.

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

3.

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

4.

For uses having frontage and/or access on a major traffic route, as defined in the City of Fenton Master Plan, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the provisions of Article XX, Access Management and Driveway Standards.

g.

Emergency vehicle access. All buildings or groups of buildings shall be arranged so as to permit necessary emergency vehicle access as required by the city fire and police departments.

h.

Sidewalks, pedestrian and bicycle circulation.

1.

The arrangement of public or common ways for vehicular and pedestrian circulation shall be connected to existing or planned streets and sidewalks/pedestrian or bicycle pathways in the area in accordance with section 36-2.29 Sidewalks, bikepaths and other pedestrian pathways.

2.

A pedestrian circulation system shall be separated from vehicular circulation system.

3.

In order to ensure public safety, special pedestrian measures, such as crosswalks, crossing signals and other such facilities may be required in the vicinity of primary and secondary schools, playgrounds, local shopping areas, fast food/service restaurants and other high traffic areas of pedestrians or bicycles.

i.

Barrier-free access. The site has been designed to provide barrier-free parking and pedestrian circulation.

j.

Parking. The number and dimensions of off-street parking spaces shall be sufficient to meet the minimum required by Article XIX, Parking And Loading-Unloading Standards. However, where warranted by overlapping or shared parking arrangements, the planning commission or city council may reduce the required number of parking spaces as permitted in section 36-19.02.f., Collective parking and section 36-19.02.g. Parking lot deferment.

k.

Loading and storage. All loading and unloading areas and outside storage areas shall be screened as determined by the Planning Commission in accordance with Article XXI, Landscape Standards and Tree Replacement.

1.

Soil erosion control. The site shall have adequate lateral support so as to ensure that there will be no erosion of soil or other material. The final determination as to adequacy of, or need for, lateral support shall be made by the city engineer.

2.

Utilities. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development, where such systems are available.

3.

Stormwater management. Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made to accommodate stormwater which complements the natural drainage patterns and wetlands, prevent erosion and the formation of dust. Sharing of stormwater facilities with adjacent properties shall be encouraged. The use of detention/retention ponds may be required. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water.

4.

Lighting. Exterior lighting, in accordance with Article XXIII, Lighting Standards, 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. Flashing or intermittent lights shall not be permitted.

5.

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.

6.

Mechanical equipment and utilities. Mechanical equipment and utilities, roof, building and ground mounted, shall be screened in accordance with the requirements of section 36-2.19, Mechanical equipment and utilities.

7.

Waste receptacles. Waste receptacles shall be provided as required in section 36-2.35, Waste receptacles and enclosures.

8.

Signs. The standards of Article XXII, Signs must be met.

9.

Hazardous materials or waste. For businesses utilizing, storing or handling hazardous material such as automobile service and automobile repair stations, automobile body repair stations, dry cleaning plants, metal plating industries, and other industrial uses, documentation of compliance with state and federal requirements shall be provided.

10.

Other agency reviews. The applicant has provided documentation of compliance with other appropriate agency review standards, including, but not limited to, the MDEQ, MDOT, Genesee County Drain Commission, Genesee County Health Department, and other federal and state agencies, as applicable.

(Ord. No. 622, § 16.06, 6-28-04)

The planning commission shall review site plans with multiple phases as a site plan meeting the submission requirements of section 36-16.05, Site plan submittal requirements. Any future phases identified on a site plan must be reviewed by the planning commission in the form of a site plan submission. The planning commission may require that the conceptual layout for future phases and outlots be shown on site plans to ensure proper development of the overall site. When a future phase of development is identified on a site plan, however, the planning commission is not bound by any aspect of that portion of the plan until a site plan meeting the requirements of this Article have been provided. In addition, any phase of a site plan where construction has not commenced within one year from the date of approval must return to the planning commission for a new site plan approval.

(Ord. No. 622, § 16.07, 6-28-04)

a.

As part of an approval to any site plan, the planning commission may impose any additional conditions or limitations as in its judgment may be necessary to ensure that public services and facilities can accommodate the proposed site plan and its activities, to protect significant natural features and the environment, and to ensure compatibility with adjacent land uses. Such conditions shall be considered necessary by the planning commission to ensure compliance with the review standards of section 37-16.06, Standards for site plan approval, and necessary to meet the intent and purpose of this article.

b.

Approval of a site plan, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property or holder of the site plan.

c.

A record of conditions imposed shall be recorded on the site plan and maintained. The conditions shall remain unchanged unless an amendment to the site plan is approved in accordance with section 36-16.11, Deviations from approved site plan.

d.

A record of the decision of the planning commission, the reason for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the planning commission.

e.

The building official/zoning administrator may require that the applicant revise and resubmit a site 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. The building official/zoning administrator shall have authority to approve the site plan.

f.

The building official/zoning administrator may make periodic investigations of developments for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the planning commission to terminate such approval following a public hearing.

(Ord. No. 622, § 16.08, 6-28-04)

a.

Approval of the site plan, including any phase of a multi-phased site plan, is valid for a period of one year. If actual physical construction of a substantial nature of the improvements included in the approved site plan has not commenced and proceeded meaningfully toward completion during that period, the approval of the site plan shall be null and void.

b.

Upon written application filed prior to the termination of the one year review period, the planning commission may authorize a single extension of the time limit for approval of a site plan for a further period of not more than one year. Such extension shall only be granted based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period, the length of which shall be determined by the planning commission but which shall not exceed one year.

(Ord. No. 622, § 16.09, 6-28-04)

a.

Any person aggrieved by the decision of the planning commission in granting or denial of final site plan approval shall have the right to appeal the decision to the zoning board of appeals (ZBA). The appeal shall be filed with the city clerk within five business days of the decision of the planning commission. The appeal shall state the aggrieved parties' grounds for appeal.

b.

The filing of an appeal of a decision of the planning commission concerning a site plan shall act to stay any building permit issued for improvements on the property which is the subject of the appeal.

c.

On hearing such appeal, the ZBA shall review the record before the planning commission and shall determine whether or not there was support on the record for the original decision. The appellant shall not have the right to present new evidence, but shall be bound by the record before the planning commission. The ZBA shall approve the site plan if the requirements of this article and other applicable city ordinances are met, and prepare written findings on its decision on the appeal.

d.

An appeal of a ZBA decision concerning a site plan shall be to the Circuit Court of Genesee County.

(Ord. No. 622, § 16.10, 6-28-04)

Amendments to the approved site plan may occur only under the following circumstances:

a.

An applicant or property owner who has been granted site plan approval shall notify the building official/zoning administrator of any proposed amendment to such approved site plan.

b.

Minor changes may be approved by the city building official/zoning administrator. The building official/zoning administrator must provide, in writing to the planning commission, documentation that the proposed revision does not alter the basic design, compliance with the standards of this article, nor any specified conditions of the plan as agreed upon by the planning commission. In considering such a determination, the building official/zoning administrator shall consider the following to be a minor change:

1.

Change in size of structures, for residential buildings by up to five percent, provided that the overall density of units does not increase.

2.

Change in square footage of non-residential buildings by up to five percent or 1,000 square feet, whichever is smaller.

3.

Alterations to horizontal and/or vertical elevations by up to five percent.

4.

Movement of a building or buildings by no more than ten feet.

5.

Increase in designated "areas not to be disturbed."

6.

Replacement of plantings approved in the site plan landscape plan by similar types and sizes of landscaping which provides a similar screening effect on a one-to-one (1:1) or greater basis, with approval of the building official/zoning administrator.

7.

Improvements to site access or circulation, such as inclusion of deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, etc.

8.

Changes of building materials to another of higher quality, as determined by the building official/zoning administrator.

9.

Changes in floor plans which do not alter the character of the use.

10.

Slight modification of sign placement or reduction of size.

11.

Relocation of sidewalks and/or refuse storage stations.

12.

Internal rearrangement of parking lot which does not change the number of parking spaces by more than five percent or alter access locations or design.

13.

Changes required or requested by the city for safety reasons.

c.

Should the building official/zoning administrator determine that the requested modification to the approved site plan is not minor, the planning commission shall be notified in writing that the site plan has been suspended, and, if construction has initiated, a stop work order shall be issued for the section of the project deemed not to be in compliance. Thereafter, the applicant may revise the site plan and submit to the building official/zoning administrator for resubmission to the planning commission. All modifications must be highlighted in such a manner that the modifications to the approved plan are easily identified.

d.

Any deviation from the approved site plan, except as authorized in section 36-16.11, Deviations from approved site plan, shall be considered a violation of this article.

(Ord. No. 622, § 16.10, 6-28-04; Ord. No. 643, § 2, 1-14-08)

a.

Intent. The intent of this section is to permit submittal of sketch plan in certain specific instances where a complete site plan is not considered essential to ensure compliance with the intent and standards of this chapter. The intent is to also provide for an administrative review by city staff of planning commission approved site plans for compliance with conditions as imposed by the planning commission.

b.

Eligibility. A sketch plan, rather than a complete site plan package, may be submitted for uses or activities identified in section 36-16.02, Uses requiring site plan review.

c.

Procedure.

1.

Sketch plan. The process for administrative approval of a sketch plan shall involve submittal of the sketch plan and required application form, and fee to the building official/zoning administrator. The building official/zoning administrator shall review the sketch plan in accordance with the same standards used by the planning commission for a full site plan. The building official/zoning administrator shall make a report of administrative reviews to the planning commission.

(a)

The minimum contents of a sketch plan submitted for administrative review include:

(1)

Cover sheet including:

i.

Completed application form and fee.

ii.

Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions (month, day, year).

iii.

Scale and north-point.

iv.

Location map drawn to a separate scale with north-point, showing surrounding land, water features, zoning and streets within a quarter mile.

v.

Legal and common description of property including net acreage.

vi.

Identification and seal of registered or licensed architect, engineer, land surveyor, or landscape architect who prepared drawings.

vii.

Zoning classification of petitioner's parcel and all abutting parcels.

viii.

A note on each plan sheet stating "Not to Be Used as Construction Drawings."

(2)

Buildings and structures.

i.

Existing and proposed buildings and parking lots with dimensions and setbacks.

ii.

Floor plan indicating existing and proposed uses.

iii.

Building elevations including materials and colors for all sides with proposed changes.

(3)

Parking and access.

i.

Existing and proposed parking calculations.

ii.

Existing and proposed driveways.

(4)

Site data.

i.

Existing and proposed landscaping illustrated on the plan and described in a plant list.

ii.

Proposed changes to grading and other natural features.

iii.

Existing and proposed lighting and screening.

iv.

Proposed changes to utilities.

v.

Any other items requested by the building official/zoning administrator to assist in the administrative review.

(c)

Planning commission approved site plan. 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.

(d)

Additional information. The building official/zoning administrator retains the option 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 problems with drainage, traffic, noise, aesthetics or other general health and safety issues. If a full site plan is required, the building official/zoning administrator shall inform the applicant to submit a set of plans in accordance with this article within 14 days of receipt of the application.

(Ord. No. 622, § 16.12, 6-28-04)

a.

All projects within the city which go through site plan and/or construction plan review shall be required to submit record drawings. The drawings will need to be reviewed and approved by the city engineer prior to final acceptance of the project by the City of Fenton.

b.

The initial submittals shall be of two sets of black line prints providing the applicable information shown on the checklist below. The minimum scale shall be 1"=50' and shall bear the seal of a registered professional engineer or surveyor licensed to practice within the State of Michigan. All record lengths and elevations must be labeled as record.

c.

After the record drawings have been approved by the city engineer, the applicant shall submit two mylar copies of the approved drawings. A CD shall also be provided which contains a .pdf version of each sheet of the plan set with the following attributes:

1.

Locations shall be shown on the plans in state plane coordinates using the NAD83 Michigan South zone.

2.

Individual pipe sizes and structure types should be on separate layers.

3.

The scale shall be 1:1.

4.

Annotation should be snapped to the midpoint of lines. Lines should be snapped to the center of structures.

As-Built Requirements Checklist
Additional specific information per site may be required at the discretion of the engineer.

(Ord. No. 622, § 16.13, 6-28-04; Ord. No. 643, § 2, 1-14-08)

a.

It shall be the responsibility of the owner of the property for which site 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 site plan approval was based, or until a new site design is approved. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities and all other elements of a site.

b.

Any property owner who fails to so maintain an approved site plan shall be deemed in violation of the provisions of this article and shall be subject to the same 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 site 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. 622, § 16.14, 6-28-04)