(a)

The intent of requiring site plan submittal and review in certain instances specified herein is to facilitate determination of whether certain development proposals meet all applicable requirements and are in harmony with the purpose, intent and spirit of this chapter.

(b)

It is further the intent to assist village officials in encouraging and assisting proposers of land development to design and implement land use proposals which foster orderly, efficient, compatible and aesthetic uses of land in the Village of Middleville.

(a)

The planning commission shall appoint three members of the planning commission to the site plan review committee which shall be responsible for site plan review in accordance with this article.

(b)

The planning commission shall also appoint the village zoning administrator as an advisory, nonvoting member of the committee.

(c)

The committee shall elect one of its members, excluding its advisory member, to serve as chairperson.

(d)

Two voting members of the site plan review committee shall constitute a quorum.

(e)

Decisions of the site plan review committee shall be made by a vote of at least two voting members.

(f)

The site plan review committee shall review and act upon a site plan within 60 days of its submission.

(g)

Decisions of the committee must be based upon competent material and substantial evidence.

(h)

Unless otherwise stated, the site plan review committee shall review all site plans. Notwithstanding any other provision of this chapter, the site plan review committee may, in its own discretion, decline to approve or disapprove any site plan and refer the site plan to the full planning commission for review and decision, in which case the full planning commission shall perform all duties of the site plan review committee set forth in this article.

(i)

The site plan review committee shall conduct its meetings in accordance with the Open Meetings Act.

Cross reference— Administration, ch. 2.

No building shall be erected or structurally altered nor shall any grading take place on any lot or parcel, unless a site plan is submitted and approved under the terms of this chapter, or such development is otherwise in accordance with this section. A zoning compliance permit as provided in article XII shall not be issued or otherwise authorized until a site plan, submitted in accordance with this section, shall have been reviewed and approved, and any required securities have been received, based on the following submittal requirements:

(1)

A basic site plan and zoning compliance permit shall be required for new single family dwellings, additions to dwellings, or construction of accessory structures. A basic site plan shall be subject to zoning administrator review.

(2)

A detailed site plan shall be required for all permitted and special uses not required to prepare a basic site plan and such detailed site plan shall be subject to site plan review committee review as outlined in this article.

(a)

A basic site plan shall include all of the following information:

(1)

A scale drawing of the site and proposed development thereon, including the date, name and address of the preparer, parcel lines and parcel area.

(2)

The scale of the drawing and north arrow which shall be not less than 1" = 200' nor greater than 1" = 20'.

(3)

Existing man-made features, including dwellings, fences, water bodies, landscaping and screening, accessory structures, septic and well infrastructure locations, and similar features; and the heights and floor area of such structures and other important features.

(4)

Proposed man-made features, including location of dwelling addition and/or accessory structures, fences, landscaping and screening, as applicable; and heights and floor area of such structures and other important features.

(5)

Setback lines and their dimensions.

(6)

Location of existing and proposed driveways and curb cuts, if any.

(7)

Location of existing public and private rights-of-way and easements contiguous to and on the property.

(8)

Any other information as may be required by the zoning administrator to aid in the review of the site plan.

(b)

Detailed site plan. A detailed site plan shall be required for all uses other than those that may submit a basic site plan. A detailed site plan shall be prepared by an engineer, architect, landscape architect or planner licensed to work in Michigan unless this requirement is waived by the zoning administrator and chair of the site plan review committee or planning commission, and shall include and illustrate at a minimum the following information:

(1)

Location, size and type of present buildings or structures to be retained or removed.

(2)

Location of all proposed buildings, structures or other improvements.

(3)

Location of existing and proposed streets, drives and parking lots.

(4)

Location of water and sewer lines.

(5)

Storm drainage.

(6)

Refuse and service areas.

(7)

Utilities with reference to location, availability and compatibility.

(8)

Screening and buffering with reference to type, dimensions and character.

(9)

Topographical features including contour intervals no greater than two feet.

(10)

Ditches and watercourses.

(11)

Ground cover and other pertinent physical features of the site such as trees.

(12)

Proposed landscaping.

(13)

Location of existing improvements.

(14)

Location of lot lines.

(15)

Loading and unloading facilities.

(16)

Exterior lighting and signs.

(17)

Location of existing structures on land immediately adjacent to the site within 100 feet of the site's parcel lines.

(18)

The date, north arrow and scale.

a.

The scale shall not be less than one inch equals 50 feet if the subject property is less than three acres; and

b.

The scale shall not be less than one inch equals 100 feet if the subject property is three acres or more.

(19)

The name and address of the professional individual, if any, responsible for the preparation of the site plan.

(20)

Preliminary architectural sketches and/or a general statement as to the type of construction and materials to be used in the proposed buildings or structures. Height and area of buildings and structures shall be described.

(21)

Gross areas of buildings and parking.

(22)

Additional information as may be requested by the site plan review committee which is reasonably necessary to evaluate the site plan.

(c)

The zoning administrator and/or site plan review committee may waive information required for display on a site plan if not pertinent to determining compliance with this chapter.

The site plan review committee or zoning administrator shall approve a detailed site plan or basic site plan, respectively, if it is determined that:

(1)

The plan complies with the requirements of this chapter;

(2)

The proposed project promotes the intent and purpose of this chapter;

(3)

The proposed project will be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the proposed project; and

(4)

The proposed project will be consistent with the public health, safety and welfare needs of the village. In making its determination, the site plan review committee shall apply the following standards:

a.

Landscape preservation. The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Berms, greenbelts or other screening may be reasonably required to enhance compatibility with adjoining properties.

b.

Relation of buildings to the environment. Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity.

c.

Drives, parking and circulation. 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 and arrangement of parking areas that are safe and convenient and, insofar as practical, do not detract from the design of the proposed buildings and structures and the neighboring properties.

1.

Ingress and egress shall be limited to no more than one two-way or two one-way driveways or access roads per parcel.

2.

Combined use of one driveway or access road by two or more parcels, and ingress and egress to and from feeder streets instead of major arteries shall be provided whenever feasible or when reasonably required by the village planning commission.

d.

Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Stormwater will be drained away from all roofs, canopies and paved areas by means of a suitable drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in paved areas.

e.

Utility service. Any utility installations remaining above ground shall be located so as to have a harmonious relationship to neighboring properties and the site.

f.

Signs. The size, location and lighting of all signs shall be consistent with the regulations applicable to signs and shall be compatible with adjoining properties.

g.

Special features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas shall comply with reasonable setback requirements, screen plantings or other screening methods. Outside lighting shall be designed to provide for a minimum amount of glare and spillage onto adjacent properties.

(a)

The zoning administrator, site plan review committee, or planning commission may impose reasonable conditions on the approval of a site plan. The conditions may include, but are not limited to the following:

(1)

Conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.

(2)

Conditions necessary to protect the natural environment and conserve natural resources and energy.

(3)

Conditions necessary to ensure compatibility with adjacent uses of land and to promote the use of land in a socially desirable manner.

(b)

Conditions imposed shall meet all of the following requirements:

(1)

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

(2)

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

(3)

Be necessary to meet the intent and purpose of this chapter, be related to the standards established in this chapter for the land use or activity under consideration, including but not limited to the standards in section 78-584 and be necessary to ensure compliance with those standards.

(c)

The conditions imposed with respect to the approval of a site plan shall be recorded in the record of the approval action, and shall remain unchanged except under mutual consent of the site plan review committee and the landowner.

(d)

The site plan review committee shall maintain a record of conditions which are changed.

(1)

The record of such conditions shall be set forth in the minutes of the meetings of the site plan review committee.

(2)

A copy of all minutes of the committee shall be furnished to the secretary of the planning commission.

(a)

Requests for site plan review shall be made by filing with the zoning administrator any required filing fee and escrow, a complete application form, sufficient copies of a complete site plan as determined by the zoning administrator, and a cover letter signed by the land owner and/or developer or applicant providing a general explanation and background information on the proposed development, together with any additional information required. The zoning administrator, site plan review committee, and planning commission may waive any site plan submittal requirement upon a finding that the required information is not applicable to the proposal.

(b)

Upon receipt of a submitted application and site plan, the zoning administrator shall review the plan to determine its completeness. If the submittal is incomplete, the zoning administrator shall provide the applicant with a list of items needed to make the submittal complete. If a site plan submittal is complete, the zoning administrator shall record the date of receipt and transmit copies thereof to each of the site plan review committee members and to other reviewing agencies as pertinent, including but not limited to the fire department, township engineer, health department, road commission, Michigan Department of Transportation, and others, retaining at least one copy in the planning office.

(c)

A meeting shall be scheduled for a review of the application, plans, and of the recommendation of the zoning administrator with regard thereto. Members of the site plan review committee shall be delivered copies of the same prior to the meeting for their preliminary information and study.

(d)

The applicant shall be notified in advance of the date, time and place of the meeting.

(e)

After conducting a review of the site plan, the site plan review committee shall approve, approve with conditions or reject the site plan, as it pertains to requirements and standards contained in this chapter. Any conditions required shall be stated in writing and made a part of the record, together with the reasons for such conditions, and delivered to the applicant. The committee may refer the site plan to the full planning commission.

(f)

Upon approval of a site plan, at least three copies of the site plan shall be signed and dated by the chairperson of the site plan review committee:

(1)

One copy of the approved site plan shall then be filed with the village clerk.

(2)

One copy to the village building inspector.

(3)

One copy shall be returned to the applicant.

(g)

Following expiration of the appeal period provided in section 78-588, the building inspector shall issue a building permit for an approved site plan. However, the inspector shall not issue a final occupancy permit for any part or all of the building unless and until all required site improvements are inspected and the zoning administrator issues a site completion certificate. Prior to issuing a site completion certificate, the zoning administrator shall conduct a site inspection and provide the site plan committee members with a final inspection/completion certification. The site plan committee shall agree or disagree with the zoning administrator. If the committee concludes site work is complete, the chairman and zoning administrator shall sign the certificate of completion. If the committee concludes the site work is not complete, it shall issue an itemized list of items to be completed.

If an owner desires to obtain a certificate of occupancy for all or part of a building and site work is not completed, the owner shall submit a detailed list of work to be completed together with the cost of completing said items to the zoning administrator. The zoning administrator shall immediately forward this information to the site plan committee. The committee shall meet to consider the request. If good and sufficient reasons are given by the owner for delay in completing the site work, the committee may authorize an escrow agreement whereby the owner will provide the village a performance guarantee for site work in a form permitted by law. Said agreement will specify the date on which all items will be completed and authorize the village to undertake such work if the owner fails to perform on time. Any costs incurred by the village above the amount of the performance guarantee will be placed on the property tax bill issued to the subject property.

(h)

Failure to conform to an approved site plan shall constitute a violation of this chapter.

(a)

If any person shall be aggrieved by the action of the site plan review committee, appeal in writing to the village council may be taken within seven days after the date of such action.

(b)

The village council shall establish the time and place for a public hearing and shall provide notice of the public hearing in the manner provided in section 78-8.

(c)

All parties in interest shall be afforded the opportunity to be heard at such public hearing.

(d)

Following the public hearing, the village council shall affirm, modify or reverse the action of the site plan review committee based on the standards set forth in section 78-584, or shall remand the appeal to the site plan review committee for reconsideration.

(e)

Any person aggrieved by the action of the site plan review committee upon reconsideration may appeal to the village council in accordance with this section.

(f)

In all decisions on appeal, the village council shall state its findings and the reasons for its action and a written copy of such findings, reasons and action shall be given to the appellant and the site plan review committee.

Approval of the site plan shall be valid for a period of one year after the date of approval. The full planning commission may grant extensions if applied for and granted in writing. The reasons for extensions may be the inability to complete the requirements, financial constraints, regulatory approvals or other proven hardship. If a building permit has not been obtained or if on-site development has not commenced within said one year, the site plan approval shall become null and void and a new site plan application shall be required and approved before any construction or earth change is commenced upon the site, unless an extension is received as prescribed herein.

No changes shall be made to an approved site plan prior to or during construction except upon application to the zoning administrator according to the following procedures:

(1)

The zoning administrator may approve minor changes to an approved site plan involving slight changes in the location of buildings and structures, adjustment of utilities, walkways, parking areas, and similar minor changes.

(2)

Major changes or amendments to an approved site plan involving change in the number and location of accesses to public streets, significant changes in the number of parking spaces as determined by the zoning administrator, a major relocation of a building as determined by the zoning administrator, increase in the gross floor area or heights of buildings, a reduction in open space, modifications that contravene the intent of a condition of approval, changes that have the potential to impact surrounding neighborhoods, and similar major changes, shall require the approval of the site plan review committee and/or planning commission, in the same manner as the original application.

(a)

Pursuant to authority conferred by section 141 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.241), site condominium subdivisions must be approved by the village council, upon recommendation from the planning commission.

(b)

In determining whether to approve a site condominium subdivision, the village council shall consult with the planning commission, village attorney, village engineer, Thornapple Township Fire Chief and village zoning administrator regarding the adequacy of the site condominium plans, deed restrictions, utility systems and streets, subdivision layout and design, and compliance with all requirements of the Condominium Act.

(c)

The following definitions shall apply:

(1)

Condominium Act means Public Act No. 59 of 1978 (MCL 559.108 et seq.).

(2)

Condominium dwelling means the building constructed upon a lot or condominium unit which is intended for residential purposes.

(3)

Condominium structure means a building or structure constructed upon a lot or condominium unit which is intended for office, industrial, business, or recreational purposes.

(4)

Condominium unit means that portion of the condominium project designed and intended for separate ownership and use, as described in the master deed, regardless of whether it is intended for residential, office, industrial, business, recreational, use as a time-share unit, or any other type of use.

(5)

Lot means the same as the terms "Homesite" and "Condominium unit."

(6)

Master deed means the condominium document recording the condominium project to which is attached as exhibits and incorporated by reference the approved bylaws for the project and the approved condominium subdivision plan for the project.

(7)

Mobile home condominium project means a condominium project which mobile homes are intended to be located upon separate sites which constitute individual condominium units.

(8)

Setback, front yard, shall be equal to the distance between the front yard area line and the condominium dwelling or condominium structure.

(9)

Setback, rear yard, shall be equal to the distance between the rear yard area line and the condominium dwelling or condominium structure.

(10)

Setback, side yard, shall be equal to the distance between the side area line and the condominium dwelling or condominium structure.

(11)

Site condominium means a condominium plat consisting of condominium lots to be developed as single-family dwelling sites.

(12)

Site condominium subdivision shall be a division of land on the basis of condominium ownership which is not subject to the provisions of the Land Division Act, Public Act No. 288 of 1967, as amended (MCL 560.101 et seq.).

(d)

Zoning compliance.

(1)

Site condominium subdivision projects may be approved in any zoning district. All site condominium subdivisions, dwellings and structures therein shall comply with the size, height, area, setback, and general and special regulations applicable to the use and the zoning district in which the subdivision is located.

(2)

Mobile home condominium projects shall comply with the requirements of this chapter.

(e)

Site condominium subdivision review and approval procedures.

(1)

Except as otherwise provided in this chapter, the procedure for application for, review and approval of site condominium projects shall be made pursuant to the provisions of sections 78-581—78-591.

(2)

The site plan submitted for a site condominium subdivision shall be consistent with the requirements of section 78-583, and shall contain the additional following information:

a.

A survey plan of the site condominium subdivision.

b.

A consent to submission of real property to condominium project, listing all parties which have ownership interest in the proposed site condominium subdivision; or other written evidence that the applicant has the legal right to purchase the subject property from the owners of record.

c.

The use and occupancy restrictions and maintenance provisions for all general common elements as will be contained in the master deed.

d.

Project description which describes the nature and intent of the proposed development.

e.

A floodplain plan, if the site lies within or abuts a floodplain area.

f.

A street construction and paving plan.

g.

A storm drainage and stormwater management plan, including all lines, swales, drains, basins, and other facilities.

h.

A utility plan showing all easements to be granted to the public or private utility providers for installation, repair and maintenance of all utilities.

(f)

Site condominium subdivision plans shall conform to the design, layout, and improvement standards as are required for subdivisions, in chapter 30 of this Code, and other applicable provisions of this Code. Any such standards and regulations are hereby incorporated by reference in this section.

(1)

Streets. If a site condominium subdivision is proposed to have public streets, the village council shall require that the streets be paved and developed to the minimum design, construction, inspection, approval, and maintenance requirements for platted public streets as adopted by the county road commission. All private streets in a site condominium subdivision shall have a paved driving surface of asphalt or concrete and shall otherwise conform to the minimum standards for private roads included in this chapter.

(2)

Utilities. Extension and provision of utilities shall be provided as may be required by the village council and as conditions of approval.

(g)

Master deed, contents.

(1)

All provisions of the site condominium plans which are approved by the village council pursuant to subsection (e) of this section must be incorporated, as approved, in the master deed for the site condominium subdivisions.

(2)

Any proposed changes to the approved site condominium plans, including the bylaws, master deed and site/floor plans, must be reviewed and approved by the village council pursuant to the procedure set forth in subsection (e) of this section for the condominium plans.

(3)

A copy of the master deed as filed with the county register of deeds for recording must be provided to the village within ten days after such filing with the county.

Except as otherwise provided in this chapter, the procedure for application for review and approval of marihuana businesses shall be made pursuant to the provisions of sections 78-581 through 78-592. the site plan submitted for a marihuana business shall be consistent with sections 78-583 and 78-584 and shall contain the additional following information:

(a)

A facility operation plan which shall contain, at a minimum, the following:

(1)

For growers, microbusinesses and processing facilities, the methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system of the village.

(2)

A lighting plan indicating the lighting outside of the marihuana business for security purposes and compliance with applicable village requirements does not create any nuisance or lighting pollution, as determined by the site plan committee, planning commission or zoning administrator or their designees.

(3)

A plan for disposal of any marihuana or marihuana-infused product that is not sold to a patient, primary caregiver or adult user in a manner that protects any portion thereof from being possessed or ingested by any person or animal.

(4)

For marihuana businesses that grow marihuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how the system operates and prevents any odors leaving the premises. For marihuana businesses that produce marihuana-infused products, the plan shall include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process.

(5)

For growers and processers, an electrical plan for load review to Consumers Energy.

(b)

If any modifications to a structure will be made requiring a building permit, or which would alter or change items required by this chapter, detailed construction drawings showing at minimum, a full site plan, interior and exterior lighting requirements, the full mechanical heating and ventilation plan, , before and after floor plans and specifications, non-rated and rated separation details and locations, accessible route from the public way to the accessible entrance, accessible route to the primary function and within the facility and accessible bathrooms. The licensee shall make application for a plan review and a building permit for the modifications of the premises, on forms provided by the village. Other specifications may be required.

(c)

A stamped or sealed 24" by 36" drawing of the proposed licensed premises showing, without limitation, building layout, all entryways and exits to the proposed licensed premises, loading zones, all available parking spaces, and specifying which parking spaces, if any, are handicapped accessible, and all areas in which marihuana will be stored, grown, manufactured or dispensed.

(d)

Any proposed text or graphical materials to be shown on the exterior of the proposed marihuana business.

(e)

A location area map of the marihuana business and surrounding area that identifies the relative locations and distances to any school or place of worship as measured in a straight line from the closest point of the real property line.

(Ord. No. 2119, § 7, 8-24-2021)