Fowlerville City Zoning Code

1.

It is the purpose of this chapter to require a site plan review and impact assessment approval for certain buildings, structures and uses which are expected to impact the public health, welfare and safety in relationship to natural resources, stormwater runoff, utilities, landscaping, traffic patterns, adjacent parcels, signs and the character of future development. It is the purpose of the impact assessment report to accompany a site plan and specifically address the anticipated impact of a proposed use on the natural features, economic climate, social environment, public infrastructure and public services in the Village of Fowlerville.

2.

The standards of this ordinance apply to both new and existing development including grading, parking, storage, lighting, fencing, signage, building construction and demolition.

3.

No permit shall be issued for any type of construction, renovation, erection, expansion and/or change in use or occupancy requiring site plan or plat approval except in accordance with the standards of this chapter.

4.

The regulations contained in this ordinance are intended to allow reasonable use of property while assuring longterm community benefits such as:

a.

Promotion of safe and convenient traffic movement, both within a site and in relation to access streets;

b.

Promotion of harmonious relationships of buildings, structures, and uses, both within a site and with adjacent sites;

c.

Conservation and protection of natural amenities and resources, both above and below ground;

d.

Preservation of the integrity of the utility system in the Village of Fowlerville; and

e.

Preservation of wetlands, woodlands and wildlife areas.

(Ord. No. 346, § 2401, 6-19-2000)

1.

A detached single-family or two-family dwelling permitted by right on a lot or parcel not having any other dwelling existing or to be located thereon does not require site plan review or impact assessment.

2.

All other land uses, including condominium projects (see section 617), shall be subject to site plan approval if any one or more of the following minimum standards are met:

a.

The use requires three or more parking spaces.

b.

The land under development is two acres or more.

c.

The building under construction consists of 2,000 square feet or larger.

d.

The proposed structure, use or land to be developed will abut an existing residential district or lot.

e.

The proposed use requires a special land use permit.

3.

Developments requiring an impact assessment shall be subject to requirements delineated in section 2404.

4.

Developments on lands containing the following features or conditions require an impact assessment:

a.

Archaeological finds.

b.

Endangered species habitat.

c.

Floodplain, 100-year. An area which has a one percent change of flood occurrence in any given year.

d.

Hedgerow. A row of eight or more trees having a four-inch or more diameter at four feet above grade. (The dripline of the trees defines the land area of a hedgerow.)

e.

Ponds and lakes. A natural or artificial impoundment that retains water year round.

f.

Steep slopes. Slopes equal to or exceeding a grade of 33 percent or a 3:1 ratio of run over rise, with a change of elevation of three feet or more.

g.

Wetlands. Land area of one acre or more where standing water is retained for a portion of the year and does support wetland vegetation or aquatic life and is commonly referred to as a bog, swamp, or marsh.

h.

Woodlot. An area of one-fourth acre or more containing eight or more trees per one-fourth acre having a four-inch or more diameter at a four-foot height.

i.

Traffic. A proposed use or combination of uses which would be reasonably expected to generate over 50 directional trips during the peak hour of the traffic generator or the peak hour on the abutting streets; or over 750 trips in an average day; provided, if no other environmental conditions (as listed in section 2402.4 a—h) exist on the site, only a traffic impact analysis shall be required.

(Ord. No. 346, § 2402, 6-19-2000)

1.

Applicant: The owner, or the owner's designated agent, of the subject property shall file a request with the planning commission for site plan approval.

2.

Application: Twelve copies of a site plan and associated documents including an application shall be submitted to the village manager for processing. Each application shall be accompanied by the payment of a fee established by the village council to cover costs of processing. The village manager or the manager's designee shall forward the copies of the site plan and associated materials to the zoning administrator within two business days after receipt. The zoning administrator shall determine the completeness of the application and shall forward the application to the planning commission when the required information is provided. The planning commission shall not review incomplete site plan applications. The date of filing of a site plan is established as the date the planning commission is scheduled to review the application. The zoning administrator shall place the site plan on the agenda of the next scheduled planning commission meeting if the site plan documents are determined to be complete.

3.

Data required in application: Every application for site plan review shall be accompanied by the following information and data:

a.

A special form supplied by the zoning administrator filled out in full by the applicant. This form shall include the following information:

(1)

The applicant's name and address.

(2)

The applicant's phone number.

(3)

A statement that the applicant is the owner of property or acting on the owner's behalf.

(4)

The name and address of the owner of record if the applicant is not the owner of record.

(5)

The address, legal description and parcel number of the property.

b.

The site plan shall contain the following information:

(1)

Date, north arrow and scale. The scale shall be not less than one inch equals 20 feet for property under three acres, and at least one inch equals 100 feet for sites three acres or more.

(2)

Statistical data. The statistical data shall include the type of development, the number of structures, the number of subunits per structure, the size of each unit, the total area involved, the percent of area being developed, the percent of area used for structures and the percent left undeveloped.

(3)

Location and height of existing and proposed structures. The location and height of all existing and proposed structures on and within 100 feet of the property boundary lines of the property being developed shall be shown.

(4)

Property lines. All lot and/or property lines are to be shown and dimensioned, including building setback lines.

(5)

Location and dimensions; existing and proposed drives, sidewalks, etc. The location and dimensions of all existing and proposed drives, sidewalks, curb openings, signs, exterior lighting, curbing, parking areas, parking spaces, unloading areas and open space recreation areas shall be shown.

(6)

Vehicular traffic and pedestrian circulation. The vehicular and pedestrian circulation features within and adjacent to the development site shall be shown.

(7)

Location of proposed landscaping. The location of all proposed landscaping, greenbelts, separation berms, fences and walls shall be shown. Any topographical alterations or changes in natural terrain, including drainage patterns, shall also be shown (see subparagraph (11)).

(8)

Size and location of existing proposed utilities. The size and location of existing and proposed utilities, including proposed connections to public sewer or water supply system shall be shown.

(9)

Location map. The location map shall indicate the relationship of the site to the surrounding land uses including the respective zoning of the abutting properties whether separated by roadways or not.

(10)

Data on abutting roads, alleys, etc. The location and pavement width and right-of-way width of all abutting roads, streets, alleys or easements shall be shown.

(11)

Drainage facilities. The location and size of all existing and proposed surface water drainage features and changes that might affect the drains shall be shown. The data shall include the percent coverage of impervious surfaces and the means to control stormwater flow.

(12)

Contour intervals. The topographic contours shall be shown at two-foot intervals.

(13)

Undisturbed areas. The areas to be left undisturbed during construction shall be so indicated on the site plan and shall be so identified on the ground so as to be obvious to construction personnel.

(14)

Project detail and specific use. The detail of the specific uses of the project under consideration for a special use permit must be included and may become part of the permit. Alterations of the plans and concepts made after approval by the planning commission shall constitute it change in the project and may require a complete renewal of the site plan process (See section 2407).

(15)

Signs. Information shall be included on the type, location, height, size and number of signs proposed.

(16)

Drawings. Elevation drawings indicating texture materials to be used.

(Ord. No. 346, § 2403, 6-19-2000)

A written impact assessment report shall accompany the site plan submittal for developments of land set forth in section 2402.4 and shall include at a minimum the following information:

1.

The party responsible for preparation of the impact assessment report and a brief statement of their, qualifications.

2.

Maps and written description of the project site including all existing structures, manmade facilities and natural features. The analysis shall also include information for areas within 100 feet of the property. An aerial photograph or drawing may be used.

3.

Impact on natural features: a written description of the environmental characteristics of the site prior to development and following development. This shall include topography, soils, wildlife, woodlands, wetlands, drainage, lakes, streams, creeks, or ponds. Documentation by a qualified wetland specialist shall be required whenever the village determines that there is a potential regulated wetland.

4.

Impact on stormwater management: a description of measures to control soil erosion and sedimentation during grading and construction operations and until permanent ground cover is established. Recommendations for such measures may be obtained from the county soil conservation service.

5.

Impact on surrounding land uses: a description shall be provided of any increases in light, noise, or air pollution which would negatively impact adjacent properties.

6.

Impact on public facilities and services: a description of the number of expected residents, employees, visitors or patrons, and the anticipated impact on public schools, police protection and fire protection. Letters from the appropriate agencies may be provided.

7.

Impact on public utilities: a description of the method to be used to serve the development with water and sewer service; the method used to control drainage on the site and from the site. A description of the location of floor drains and where they will discharge. For sites served with sanitary sewer, calculations for predevelopment and post-development flows shall be provided in comparison with sewer line capacity and also be consistent with the village sewer allocation as may be amended from time to time. Expected sewer rates shall be provided in equivalents to a single-family home.

8.

Storage and handling of any hazardous materials: a description of any hazardous substances expected to be used, stored or disposed of on the site. The information shall describe the type of materials, location within the site, and method of containment, both above and below ground. Documentation of compliance with federal and state requirements and a pollution incident prevention plan (P.I.P.P.) shall also be required.

9.

Impact on traffic and pedestrians: a description of the traffic volumes to be generated based on national reference documents, such as the most recent volume of the Institute of Transportation Engineers Trip Generation Manual, other published studies or actual counts of similar uses in Michigan. A detailed traffic impact study shall be submitted for any site over ten acres in size or for a project expected to generate 100 directional vehicles trips during the peak hour of traffic of the generator or on the adjacent streets. The contents of the detailed study shall include:

a.

Description of existing daily and peak hour traffic on the adjacent streets and a description of any sight distance limitations along the sites right-of-way frontage.

b.

Forecasted trip generation of the proposed use for the a.m. and p.m. peak hour and average daily traffic generated.

c.

For any project with a completion date beyond one year at the time of site plan approval, the analysis shall also include a scenario analyzing forecasted traffic at date of completion along the adjacent street network using a forecast based either on historic annual percentage increase and/or on expected development in the area.

d.

Protectional traffic generated shall be distributed (inbound v. outbound, left turn v. right turn) onto the existing street network to project turning movements at site driveways and nearby intersections. Rationale for the distribution shall be provided.

e.

Capacity analysis at the proposed driveway(s) using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board. Capacity analysis shall be provided for all street intersections where the expected traffic will comprise at least five percent of the existing intersection capacity and/or for roadway sections and intersections experiencing congestion of a relatively high accident rate as determined by the Village or the Livingston County Road Commission or the Michigan Department Of Transportation.

f.

Analysis of any mitigation measures warranted by the anticipated traffic impacts. Where appropriate, documentation shall be provided for the appropriate road agency regarding the time schedule for improvements and method of funding.

g.

A map illustrating the location and design of proposed access, including any sight distance limitations, dimensions for adjacent driveways and intersections within 250 feet, and other data to demonstrate that the driveway(s) will provide safe and efficient traffic operation and be consistent with the standards established in Village of Fowlerville Ordinance Number 287, the Village of Fowlerville Ordinance Number 288 and the Village of Fowlerville street regulations and any amendments to such ordinance or regulations.

10.

Special provisions: general description of any deed restriction, protective covenants, master deed or association bylaws, with copies of same attached thereto.

11.

A list of all sources shall be provided.

12.

Any impact assessment report previously submitted relative to the site and proposed development which fulfills the above requirements and contains accurate information on the site may be submitted as the required impact assessment.

13.

The planning commission may waive particular impact assessment submittal item(s) upon a determination that the item(s) is not required for review of the project.

(Ord. No. 346, § 2404, 6-19-2000)

In reviewing the site plan and impact assessment, the planning commission shall determine that the following standards are observed:

1.

Complete application. All required information is provided.

2.

Zoning. The proposed development conforms to all regulations of the zoning district in which it is located.

3.

Spirit of ordinance. The proposed site plan is in accord with the spirit and purpose of this ordinance and is not contrary to or inconsistent with the objectives sought to be accomplished by this ordinance and principles of sound planning.

4.

Legal applicant. The applicant has provided evidence that he/she is the owner, or owner's designated agent, and may legally apply for site plan review.

5.

Public services. The plan meets Village of Fowlerville specifications for fire and police protection, water supply, sewage disposal or treatment, storm drainage, and other public facilities and services, and has been approved by the Village of Fowlerville.

6.

Soils.

a.

Soils not suitable to development will be protected or altered in an acceptable manner.

b.

The proposed development will not cause soil erosion or sedimentation problems.

c.

The soil and subsoil conditions are suitable for excavation, and site preparation and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.

7.

Drainage and watercourses.

a.

The proposed development properly respects floodways and/or floodplains on or in the vicinity of the subject property.

b.

The drainage plan for the proposed development is adequate to handle anticipated stormwater runoff and will not cause an increase in volume or intensity of normal runoff or surface water onto adjacent property or overloading of watercourses in the area.

c.

Grading or filling will not destroy the character of the property or the surrounding area and will not adversely affect the adjacent or neighboring properties.

d.

The development will not substantially reduce the natural retention storage capacity of any watercourse, thereby increasing the magnitude and volume of flood at other locations.

8.

Coordinated development. The proposed development is coordinated with improvements serving the subject property and with the other development in the general vicinity.

9.

Site exterior lighting. All site exterior lighting shall comply with the standards of section 640.

10.

Refuse and storage. Outdoor storage of garbage and refuse is contained, screened from view, and located so it is not a nuisance to the subject property or to neighboring properties. Dumpsters and waste receptacles shall comply with the standards of section 638.

11.

Traffic and parking.

a.

Vehicular and pedestrian traffic within the site as well as to and from the site is both convenient and safe.

b.

Parking layout will not adversely affect the flow of traffic within the site or to and from the adjacent streets and adjacent properties.

c.

The plan provides for the proper expansion of existing public streets serving the site or to and from the adjacent streets and adjacent properties.

d.

The ingress/egress standards of section 2004 are met, as applicable.

12.

Interagency coordination. The plan meets the standards of other government agencies, where applicable, and the approval of these agencies has been obtained or is assured. Such approval or assurance is to be in writing from the respective agency.

13.

Phased development. All phased developments are ordered in a logical sequence so that any individual phase will not depend in any way upon a subsequent phase for adequate access, public utility service, drainage or erosion control.

14.

Fencing and buffers.

a.

Landscaping, fencing and walls are provided and maintained in accordance with the objectives of this ordinance.

b.

The planning commission shall have some latitude in specifying the walls, fences, greenbelts as they apply to a phased development if the particular phase of development and construction work is far enough removed from adjacent properties to afford the screening, etc., as otherwise required.

15.

Natural features.

a.

Adequate assurances are received that clearing the site of topsoil, trees, and other natural features before the commencement of building operations will occur only in those areas approved for the placement of physical improvements.

b.

The development will not detrimentally affect or destroy natural features such as ponds, streams, wetlands, hillsides or wooded areas, but will preserve and incorporate such features into the development's site design.

16.

Relationship of proposed buildings to environment. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and their creation of focal points with respect to avenues of approach, terrain features or other buildings. Non-residential building shall comply with the standards of section 639.

17.

Utility service. Electric, telephone, and cable television distribution lines shall be underground unless otherwise authorized by the planning commission. Any utility installations remaining aboveground shall be located so as to have a harmonious relation to neighboring properties and the site. In any case, all utility installations shall be carried out in accordance with the standard rules and regulations of current adoption of the Michigan Public Service Commission.

18.

Advertising features. The size, location and lighting of all permanent features shall be consistent with the requirements of chapter 21 of this ordinance.

19.

Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings, and structures, and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

(Ord. No. 346, § 2405, 6-19-2000; Ord. No. 380, § 9, 9-18-2006)

1.

Preliminary review of plans.

a.

Distribution of plans. Upon submission of all required application materials and fees, the site plan proposal and impact assessment report will be placed on the planning commission agenda for preliminary review. The site plans and application will be distributed to appropriate village officials, staff, and consultants, as appropriate, including the village planner, engineer, attorney, fire chief, police chief, and others for review.

b.

Report from village planner. The village planner shall review the plans to determine compliance with the zoning ordinance and submit a written report addressing major issues which must be resolved with input from the planning commission.

2.

Planning commission consideration. At the first regular meeting at which a site plan proposal is considered, the planning commission will review the major issues identified in the planner's report, as well as other issues relevant to the site plan.

3.

Public hearing. Site plans involving uses that are subject to special use approval require a public hearing. After payment of appropriate fees, the zoning administrator will set the date of the public hearing at the first regular meeting at which the site plan proposal is considered. Notification of the public hearing will be published in the newspaper and mailed to all property owners within 300 feet of the subject site. The notice will be given not less than five nor more than 15 days before the public hearing.

4.

Request for revisions. Upon preliminary review of the site plan proposal, the planning commission shall require the applicant to complete any revisions and resubmit the plans and any additional fees for review in accordance with section 2403. It is recommended that the applicant consult the Village planner and engineer during this revision process. All required revisions must be completed or the site plan will not be put on the planning commission agenda for final review.

5.

Submission of plans for final review. Twelve individually folded copies of the revised plan shall be submitted for final review at least ten working days prior to the planning commission meeting at which review is requested. The revised plan will be distributed to village officials including the planner and engineer for review. Note: The applicant may submit the final plans simultaneously to village officials, the planner and engineer in order to expedite the review process.

6.

Final action. The planning commission shall take the following final action on a plan, subject to the zoning ordinance: approval, approval with conditions, or denial. If a plan is approved subject to conditions, the applicant shall submit a revised plan with a revision date, indicating compliance with the conditions.

a.

If final site plan approval is denied by the planning commission, notice thereof, together with the reason shall be sent to the applicant.

b.

If approved, a certificate of final site plan approval shall be issued to the applicant by the zoning administrator.

7.

Distribution of final plan. After the planning commission has taken final action on a site plan and all steps have been completed, the village manager will mark three copies of the application and plans "approved" or "denied," as appropriate, with the date that action was taken. One marked copy will be returned to the applicant and the other two copies will be kept on file in the village office.

8.

Modifications or amendments. Any modifications or amendments to an approved site plan must be approved by the planning commission.

9.

Reapplication. No application for a site plan review which has been denied wholly or in part by the planning commission shall be resubmitted until the expiration of one year or more from the date of denial, except on the grounds of newly discovered evidence or proof of change of conditions.

(Ord. No. 346, § 2406, 6-19-2000)

1.

Request. An owner or the owner's designated agent may request a change in an approved site plan. A change in an approved site plan which results in a major change, as defined in this section, shall require a plan amendment. Amendments shall follow the procedures and conditions required for original plan submittal and review. A change that results in a minor change, as defined in this section, shall not require a revision to the plan.

2.

Content of request. A request to change an approved site plan shall be made in writing to the zoning administrator. The request shall state clearly the reasons for the change. The reasons may be based upon considerations such as changing social or economic conditions, potential improvements in layout or design features, unforeseen difficulties, or advantages mutually affecting the interests of the village and the applicant or developer, such as technical causes, site conditions, state or federal projects and installations, and statutory revisions.

3.

Finding. The zoning administrator, upon finding such reasons and request reasonable and valid, shall notify the applicant in writing whether the change proposed is major or minor. If the change is deemed major, the applicant shall pay an appropriate fee and the plan amendment process shall be in accordance with the procedures and conditions required for original site plan submittal review.

4.

Major changes. Changes considered major (i.e., those for which an amendment is required) include one or more of the following:

a.

A change in the original concept of the developer.

b.

A change in the original use or character of the development.

c.

A change in the type of dwelling unit as identified on the approved site plan.

d.

An increase of two or more dwelling units.

e.

An increase in nonresidential floor area of over five percent.

f.

An increase of five or more off-street parking or loading spaces.

g.

Rearrangement of lots, blocks, and building tracts.

h.

A change in the character or function of any street.

i.

A reduction in the amount of land area set aside for common open space or the relocation of such area(s).

j.

An increase in building height.

5.

Minor changes. If the zoning administrator rules that a proposed change to a site plan is a minor change as defined by this section, the change request shall be reviewed and processed by the zoning administrator. If the revised site plan drawings are approved, each shall be signed and dated by the applicant or developer and the owner(s) of said property in question prior to the changes being effective. Minor changes shall include the following:

a

A change in residential floor area.

b.

An increase of one dwelling unit.

c.

An increase in a nonresidential floor area of five percent or less.

d.

Minor design variations in site layout which do not constitute major changes.

6.

Zoning. Amended site plans shall conform to all regulations of the zoning district in which the project is proposed.

(Ord. No. 346, § 2407, 6-19-2000)

All site improvements shall conform to the approved site plan including engineering drawings approved by the appropriate official. If the applicant makes any changes during construction in the development in relation to the approved site plan, the applicant must cease and desist. It shall be the responsibility of the applicant to notify the planning commission, through the zoning administrator, of the changes. Upon investigation, the applicant shall be required to correct the changes so as to conform to the approved site plan.

(Ord. No. 346, § 2408, 6-19-2000)

The zoning administrator or village engineer or building code official shall be responsible for inspecting all improvements for conformance with the approved site plan. All building construction, site and subgrade improvements such as utilities, subbase installations for drives and parking lots, and similar improvements shall be inspected and approved by the county's building department, environmental health department, in coordination with the zoning administrator, who shall obtain inspection assistance from the village fire chief and/or professional consultants where appropriate.

(Ord. No. 346, § 2409, 6-19-2000)

1.

The approval of a site plan shall expire one calendar year from the date of such approval unless construction has begun in accordance with the plan and other village technical standards and specifications which may apply, or if a certificate of occupancy is not issued for the proposed site for within 18 months after the date of approval of the site plan by the planning commission. The zoning administrator may issue an extension of up to 90 calendar days as to the time limits provided in this section when the zoning administrator feels the extension is warranted and the work on the proposed use is proceeding meaningfully toward completion, as determined by the zoning administrator. Further extensions may be granted when deemed appropriate by the Fowlerville Planning Commission. The zoning administrator shall notify the applicant in writing of the expiration of said permit.

2.

Any site plan approved shall be revoked when the construction of said development is not in conformance with the approved plans, in which case the zoning administrator shall give the applicant a notice of intention to revoke the land use proposed at least ten days prior to review of the proposed revocation by the planning commission.

3.

After conclusion of such review, the planning commission may revoke its approval of the development if the planning commission determines that a violation in fact exists and has not been remedied prior to such hearing.

(Ord. No. 346, § 2410, 6-19-2000)

A performance bond may be required by the village to insure (ensure) the complete construction of structures and development of the land area as proposed and approved. Such bond may be up to an amount equal to 1.25 of the estimated cost of the site improvement, and may be reduced in proportion to the amount of work accomplished or the amount of land left undisturbed. A performance bond shall be returnable in full upon issuance of a certificate of occupancy and/or compliance.

(Ord. No. 346, § 2411, 6-19-2000)

The decision of the planning commission with regard to the site plan is appealable to the village council upon written request by the property owner or petitioner for a hearing before said council. In the absence of such request being filed within ten days after the decision is rendered by the planning commission, such decision becomes final.

(Ord. No. 346, § 2412, 6-19-2000)