The intent of this article is to provide for consultation and cooperation between the applicant and the planning commission in order that the applicant may accomplish their objectives in the utilization of land within the regulations of this chapter and the minimum adverse effect on the use of adjacent streets and highways, and on nearby existing and future uses and natural environment.

(Code 1970, § 3.275)

A site plan shall be submitted for review and approval as follows:

1. Planning commission review.
   1. Any principal commercial, office, industrial, institutional or business use or a residential use greater than a two-family dwelling unit.
   2. Site Condominiums.
   3. Open Space Preservation Projects.
   4. Planned Unit Developments
   5. Mobile Home Parks.
   6. Special Land Uses.
   7. A change in the use of a building or property or an expansion of a building or use for which additional parking spaces are required by this chapter or an expansion of an existing parking lot to add more parking spaces.
   8. Relocation of an existing driveway.
   9. All other uses requiring site plan approval as required by this chapter.
2. Staff review. The following uses shall be reviewed by the zoning administrator who may also refer such uses to the planning commission to be reviewed in accordance with the requirements of this section.
   1. A change in the use of a building or property or an expansion of the building or use which does not result in the need for more parking spaces as required by this chapter.
   2. Construction of a building or structure which is accessory to the principal use or building.
      Review of site plans by the zoning administrator shall be in accordance with the same procedures, requirements and standards required for site plans reviewed by the planning commission except the number of site plan copies and submittal date shall be subject to the discretion of the zoning administrator. The zoning administrator may waive specific site plan review submittal requirements if it is determined that such requirements are not relevant to the site plan under consideration. Following approval of a site plan the zoning administrator shall notify the planning commission.

(Code 1970, § 3.276; Ord. No. 372, § 1, 9-22-03)

Any person who may eventually file for official review of a site plan by the planning commission can first informally discuss the plan with the commission. In order to do this, a person can request the city clerk/treasurer to place such item on the commission agenda. This request must be made at least seven days before the commission meeting. The commission, in discussing the proposed plan, may give guidance to the person regarding compliance with the regulations for site plan review contained in this chapter. The commission shall make no decision on this unofficial site plan, and any comments made by the commission shall not be considered as a final decision on the site plan if it is subsequently submitted for official review.

(Code 1970, § 3.277(f))

1. Requirements. An application for site plan review along with no more than 14 sets of the site plan shall be submitted to the city clerk/treasurer at least two weeks prior to the next scheduled planning commission meeting along with a fee as set by the council. The application shall at a minimum contain the following information:
   1. The applicant's name, address and phone number.
   2. Proof that the applicant is the owner of the property or has a legal or financial interest in the property such as a purchase agreement.
   3. The name, address and phone number of the owner of record if different than the applicant.
   4. The address of the property.
   5. Legal description or permanent parcel number of property.
   6. Project description.
   7. Size of the parcel in acres.
   8. Signature of the applicant and owner of the property.
2. Technical review. The city clerk/treasurer shall transmit the application and site plans to the director of public services and the city building inspector for technical review. Copies may also be sent to the city planner, fire chief and police chief as deemed necessary. The site plan shall be reviewed for compliance with the requirements of this chapter and a report prepared for the planning commission.
3. Final review. The planning commission shall review the site plan according to the general standards for site plan review as contained in this article and any other applicable regulations of this chapter. Based on these standards and regulations, the commission shall approve, deny or approve with conditions the site plan. If the site plan is denied, the applicant shall be given written notification of the reasons for denial within ten working days of the date of denial.
4. Approval. Upon approval of the final site plan, three copies of this plan shall be stamped as approved, dated and signed by the director of public services. One copy of the approved plan shall be retained by the applicant, one shall be submitted to the building inspector as part of the building permit review process, and one copy shall be kept by the city clerk/treasurer.
5. Issuance of building permit. The building inspector shall issue a building permit upon receipt of an approved final site plan providing all other applicable city regulations have been met, including compliance with the city's building code.
6. Review period. The planning commission shall render a decision on a site plan within 60 days of submission of all required information by the applicant unless an extension of time is agreed to by the commission and the applicant.

(Code 1970, § 3.277(a)—(e), (g))

Each site plan submitted for official review under this article shall be drawn at a scale of 1″ = 200′ or less. The site plan shall contain the following information unless the building inspector or director of public services determines that certain items are not necessary or relevant in reviewing the site plan:

1. A vicinity map illustrating the location of the site within the city.
2. Date the site plan was prepared.
3. Name and address of the preparer.
4. North arrow.
5. Legal description of the property.
6. Property lines, dimensions, and building setback distances and all structures and lot lines within 100 feet of the site.
7. Existing and proposed contour elevations at a minimum of five-foot intervals on the site and to a distance of ten feet outside the boundary lines of the site.
8. Direction of stormwater drainage and how stormwater runoff will be handled.
9. Location of existing and proposed buildings, their intended use, the length, width and height of each building, and the square footage of each building.
10. Location of abutting streets, rights-of-way, service drives, curb cuts, and access easements serving the site, as well as driveways opposite the site and driveways within 100 feet on either side of the site.
11. Location and size of all water and sanitary sewer lines and storm drainage lines as well as fire hydrants and catch basins, and location of septic tanks and drainfields, and utility easements.
12. Location of all sidewalks, bike paths, and other walkways.
13. Location and size of any existing and proposed walls, fences or other screening provisions.
14. Location of all proposed landscape materials, including size and type of planting.
15. Location of all proposed accessory structures, including lightpoles or fixtures, flagpoles, storage sheds, transformers, dumpsters or trash removal areas and signs.
16. Proposed parking areas and access drives showing number and size of spaces and aisles, loading areas, and handicapped access ramps. Also note method of surfacing such areas.

(Code 1970, § 3.278)

The planning commission shall review the site plan for compliance with the requirements of this chapter and conformance with the following general standards:

1. All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property, and the type and size of buildings. The site shall be so developed as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.
2. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal and by topographic modifications that result in maximum harmony with adjacent areas.
3. Special attention shall be given to property site drainage so that removal of stormwaters will not adversely affect neighboring properties.
4. The site plan shall provide reasonable, visual and sound privacy for all dwelling units located therein. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.
5. All buildings or groups of buildings shall be so arranged as to permit emergency vehicle access by some practical means as required by the fire department.
6. Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use.
7. There shall be provided a pedestrian circulation system insulated as completely as reasonably possible from the vehicular circulation system.
8. At least one bicycle rack capable of holding multiple bicycles shall be provided on the site in a safe, secure and convenient location. The planning commission may waive or modify this requirement if the applicant can demonstrate to the satisfaction of the commission that providing a bicycle rack is impractical or is not needed due to the nature and/or location of the proposed use.
9. All loading and unloading areas and outside storage areas, including areas for the storage of trash, that face or are visible from residential districts or public thoroughfares shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height.
10. 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.
11. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic, particularly the avoidance of building corners next to access drives, and arrangement of parking areas that are safe and convenient, and insofar as practicable, do not detract from the design of the proposed buildings and structures and the neighboring properties. Streets and drives part of an existing or planned street pattern that serve adjacent development shall be of a width appropriate to the traffic volume they will carry and shall have a dedicated right-of-way equal to that specified in the city's master plan.
12. All public streets shall be built in accordance with the requirements of the city.
13. In order to achieve one of the objectives of the Hastings area plan, which is to "provide for a connected system of streets and pedestrian and bicycle trails between neighborhoods and activity centers," all site plans shall be designed to provide for the following as may be deemed necessary by the planning commission in order to meet the standards for approval set forth in subsections 90-131(a)—(l) herein:
    1. Public and private streets shall be extended to the boundary line of adjacent parcels to allow for the logical continuation of such streets into the adjacent parcel. This extension may be in the form of constructing the road itself to the parcel boundary or providing a right-of-way to the parcel boundary so the road may be constructed at a future date.
    2. Sidewalks at least five feet wide on both sides of the street shall be installed within the street right-of-way for all projects.
    3. Improved walkways, where practicable, shall be located along certain side lot lines in order to provide an alternative pedestrian travel route to the sidewalk system located within the public right-of-way.
       These "mid-block" walkways shall be located with an easement and shall not be blocked by the property owner and shall be spaced approximately 600 feet apart.
    4. If the project provides common open space for use by its residents, a walking trail shall be provided within this open space if practicable.
    5. Street trees and street lights shall be provided at regular intervals within the street right-of-way by the developer of the project if determined to be necessary by the planning commission.
14. Site plans shall conform to all applicable requirements of state and federal statutes, and approval may be conditioned on the applicant's receiving necessary state and federal permits before final site plan approval or an occupancy permit is granted.

(Code 1970, § 3.279; Ord. No. 515, § I, 8-25-14)

1. The planning commission shall review site plans according to the standards of this section relating to vehicle access and circulation. The purpose of specific access standards is to increase traffic safety, lessen congestion, provide adequate access, promote community character, and ensure orderly development.
2. The planning commission shall have the authority to require a frontage road or service drive for contiguous parcels along M-43 and M-37 or on other streets as deemed necessary. The planning commission shall also have the authority to limit the number of driveways for a site, to require that parking lots on contiguous parcels be connected, that driveways for contiguous parcels be shared, and that opposite driveways be directly aligned. In determining whether the above or other access control measures are necessary, the following criteria shall be considered:
   1. The type and location of commercial uses on the site and adjacent to the site.
   2. The location, size and design of existing and proposed parking areas.
   3. The existing and projected traffic volume on the roadway and adjacent roadways.
   4. Compatibility between adjacent land uses and likelihood of change or expansion.
   5. Number of parcels involved, location of lot lines and amount of road frontage.
   6. Topography and site distance along adjacent roadways and on the site.
   7. Distance from intersections.
   8. Location of driveways opposite the site.
   9. Width of roadway and number of lanes.
   10. Environmental limitations (steep slopes, water, or vegetation).
   11. Sufficient building setback.
3. For commercial uses along M-37 and M-43, and other streets as deemed necessary, the following regulations shall apply:
   1. A parcel shall not be denied reasonable access to a public roadway.
   2. A maximum of one driveway shall be provided to an individual parcel or to a contiguous parcel under the same ownership when the property in question has no other reasonable access to another abutting street or access road. Additional driveways may also be permitted in accordance with the driveway spacing standards herein. A one-way in, one-way out driveway system may be permitted if it is demonstrated that traffic circulation on and off the site will not create hazardous situations.
   3. Temporary direct access to M-43 and M-37 may be granted in instances where access roads or adjoining parcels are not yet developed. A temporary driveway permit shall specify the future means of access, location if known, and date the change will be made. This temporary access agreement shall be recorded with the county register of deeds.
   4. 1. Parcels with 300 or more feet of road frontage with a single large use will not be required to construct a service drive but may be required to connect the parking area to parking areas on contiguous parcels.
      2. If a parcel with an established commercial use, and with 300 feet or more of road frontage, is divided to allow for an additional commercial use (resulting in parcels with less than 300 feet of road frontage), an additional driveway for that use will not be permitted. Both the original and the additional commercial use will be required to construct an adjoining service drive. An exception to this standard exists if the anticipated traffic volumes generated by either the original or the additional commercial use will exceed 3,000 vehicles per day and/or are projected to cause traffic congestion during peak hours.
      3. If two or more existing contiguous parcels with noncommercial uses together comprise less than 300 feet of road frontage, and if any of those parcels converts to a commercial use (or any other use for which site plan review is required), the construction of a service drive will be required. As additional contiguous parcels convert to commercial uses, they will be required to construct additional segments of the service drive. These parcels will eventually be served by common driveway access, the placement of which will be determined by driveway spacing standards contained herein.
4. Driveways for a parcel shall be permitted based on the amount of road frontage for that parcel as follows, except that the planning commission may modify this in the interest of public safety based on the criteria in subsection (b) of this section:
   
   

   Frontage (feet)	Driveways Permitted
   Less than 300	1
   300 to 600	2
   More than 600	3

5. Driveway spacing and location from intersections shall be based on the following:
   1. Driveway spacing from intersections shall be measured from the centerline of the driveway to the extended edge of the travel lane on the intersecting street.
   2. The minimum distance between a driveway and an intersecting street shall be based on the following:
      1. Spacing from intersection for driveways along M-43 and M-37 and other streets as deemed necessary:
         
         

         Intersecting Street	Full Movement Driveway (feet)	Channelized for Right-Turn-In Right-Turn-Out Only (feet)
         Highway	250	100
         Signalized major street	250	75
         Other street (local street or nonsignalized major street)	100	75

      2. Spacing from intersection with M-37 and M-43 for driveways along side streets: *Street classification based on the city's master plan.
         
         

         Side Street Classification*	Full Movement Driveway (feet)	Channelized for Right-Turn-In Right-Turn-Out Only (feet)
         Highway	200	100
         Signalized major street	100	75
         Other street (local and nonsignalized major street)	75	75

   3. If the amount of street frontage is not sufficient to meet the above criterion, the driveway shall be constructed along the property line farthest from the intersection to encourage future shared use, and/or a frontage road or rear access service drive shall be developed.
   4. For parcels which are only allowed a channelized right-turn-in, right-turn-out driveway, and alternative means of access (shared driveway, frontage road, service drive or connected parking lots) are not feasible due to parcel size or existing adjacent development, the planning commission may allow a nonchannelized, full movement driveway provided that:
      1. The driveway is spaced no closer to the intersection than the minimum spacing allowed for a right-turn-in, right-turn-out driveway.
      2. A traffic study, conducted by a registered traffic engineer, provides substantial justification that the driveway operation will not result in conflicts with vehicles at the adjacent intersection.
6. Driveway spacing from other driveways shall be determined as follows:
   1. There shall be minimum spacing of 25 feet between the centerline of a driveway and the adjacent property line, not including the right turn lane and/or taper. The centerline for channelized driveways is measured at the street right-of-way line. This requirement does not apply to shared driveways.
   2. Minimum driveway spacing requirements shall be determined based on posted speed limits along the parcel frontage, as indicated in table 18-1.
      
      TABLE 18-1

      Posted Speed (mph)	Minimum Driveway Spacing* (in feet)
      30	125
      35	150
      40	185
      45	230
      50	275
      55	350

      * As measured from the centerline of each driveway.
   3. The values in table 18-1 are considered minimums based on the distances required to avoid conflicts between vehicles turning right or left from adjacent driveways.
   4. The planning commission shall have the authority to waive or modify the preceding spacing requirements when strict adherence to them would result in unreasonable access to the site. In waiving or modifying the spacing requirements, the criteria of subsection (b) of this section shall be used.

(Ord. No. 301, § 9(3.279B), 2-10-97)

1. The planning commission may require a performance bond, letter of credit, or certified check in an amount equal to the estimated cost of road, lighting, utility, sidewalk, landscaping, drainage, and other required improvements associated with the project. The estimated amount shall be determined by the director of public services. Such performance guarantee shall be deposited with the city clerk/treasurer prior to the issuance of a building permit authorizing the activity or project. The performance guarantee is to ensure faithful completion of the improvements indicated with the approved site plan; if not completed, the performance guarantee shall be forfeited.
2. The city clerk/treasurer shall rebate a proportional share of cash deposits only when requested by the depositor, based on the percent of improvements completed, as attested to by the depositor and verified by the building inspector. In cases where the provisions of this article have not been met, the amount of the aforementioned performance guarantee shall be used by the city to complete the required improvements or return the property to a safe and healthy condition at the option of the city; and the balance, if any, shall be returned to the applicant. No rebate shall be paid until the work is completed and the costs have been accurately determined by the city.

(Code 1970, § 3.280)

State Law reference - Similar provisions, MCL 125.584e.

Each site plan approved under this article shall be under construction within one year after the date of final approval by the planning commission. If construction has not commenced within one year of issuance of final site plan approval, then approval shall automatically terminate unless the term for commencement of construction is extended as follows: Contingent upon receipt of a written application for an extension filed before the expiration of the initial one-year period, the planning commission may authorize a single extension for a further period of not more than one year. For the purposes of this section, the issuance of a building permit for the facilities to be constructed under the approved site plan shall constitute commencement of construction.

(Code 1970, § 3.281; Ord. No. 509, § I, 1-27-14)

1. Any person or agency for which a site plan has been approved shall notify the building inspector of any proposed amendment to the approved site plan. Any minor change such as dimension changes, increase in parking, drive relocation, landscaping changes, or movement of lighting or signs may be approved by the building inspector, who shall notify the planning commission in writing of such amendments. A copy shall be placed in the file of the original permit requested.
2. Any major changes to any approved site plan shall comply with the filing procedures contained in this article for site plan review. Major changes shall include but are not limited to increasing the density or number of dwelling units, increasing the number of buildings or land area, and the addition of another use or uses not initially authorized under the original site plan. The building inspector shall determine if other similar changes constitute a major amendment.

(Code 1970, § 3.282)