Montrose Charter Township
City Zoning Code
City Zoning Code
REVIEW AND
APPROVAL PROCEDURES FOR SITE PLANS AND CONDOMINIUM DEVELOPMENT PROJECTS
§ 153.230 REQUIRED SITE PLAN REVIEW.
Prior to the establishment of a new use, change of use, addition to an existing use, or the erection of any building in a zoning district, subject to the conditions listed below, a site plan shall be submitted and approved, approved with conditions, or disapproved by the Township Planning Commission in accordance with the requirements of this subchapter.
(A) (1) Site plan reviews are required for all permitted uses, structures and special land uses in all zoning districts.
(2) One and 2-family dwellings and their accessory uses are exempt from site plan review.
(B) (1) When the proposed new construction or remodeling constitutes an addition to an existing building, existing site, or use, site plan review procedures may be modified, at the discretion of the Building Official, to provide for an administrative review and approval by the Building Official in lieu of a more formal review by the Planning Commission.
(2) The Building Official may conduct an administrative review provided all of the following are true:
(a) No variances to this chapter are required;
(b) The proposed new construction would not increase the total square footage of the building greater than 10% or 400 square feet, whichever is less. The proposed new construction shall not create any additional parking demands as required by §§ 153.275 through 153.281 or alter the character of any site plan;
(c) The site had not been reviewed and approved by the Planning Commission within the last 12 months; and
(d) No administrative reviews had previously occurred on the same site in the preceding 36 months.
(C) (1) For those cases requiring site plan review solely as a result of building re-occupancy, site plan review procedures may be modified, at the discretion of the Building Official, to provide for an administrative review and approval by the Building Official in lieu of a more formal review by the Township Planning Commission.
(2) The Building Official may conduct an administrative review provided all of the following are true:
(a) No variances to this chapter are required;
(b) The use is conducted within a completely enclosed building;
(c) Re-occupancy does not create additional parking demands, beyond 10% of that which exists; and
(d) Re-occupancy does not substantially alter the character of the site.
(D) (1) Every site plan submitted for review shall be in accordance with the requirements of this chapter.
(2) Administrative review procedures are not intended to modify any ordinance, regulation or development standards or previously approved site plans by the Planning Commission.
(3) In no instance shall administrative site plan review and approval be allowed for a special land use.
(E) An administrative review approved by the Building Official shall be forwarded to the Planning Commission along with any stated conditions within 30 days.
(Ord. 99, passed 11-18-1996, § 17.01; Am. Ord. 145, passed 1-17-2006)
§ 153.231 APPLICATION PROCEDURE.
Application for site plan review shall be made by submitting the following materials to the Township Clerk at least 3 weeks prior to the Planning Commission meeting at which the site plan is to be considered:
(A) Ten copies of a site plan containing all of the information required in § 153.232 below;
(B) A completed application on an appropriate form provided by the Township Clerk;
(C) Payment of an application fee, which shall be non-refundable, and be established by resolution of the Township Board;
(D) Payment of a review fee established by the Township Board to cover the cost of a review by a professional engineer, architect, or planner of submitted plans. Any portion of the fee not expended shall be returned to the developer; and
(E) The developer will be required to pay 100% of all review costs and will be provided copies of bills upon request.
(Ord. 99, passed 11-18-1996, § 17.02)
§ 153.232 REQUIRED SITE PLAN INFORMATION.
A site plan shall contain the following information:
(A) The date, north arrow and scale. The scale shall be not less than 1 inch equals 50 feet for property under 3 acres and at least 1 inch equals 100 feet for those 3 acres or more;
(B) All lot and/or property lines are to be shown and dimensioned. All required and provided setbacks shall be shown;
(C) The location and height of all existing and proposed structures on and within 100 feet of the subject property;
(D) The location and dimensions of all existing and proposed drives, sidewalks, curb openings, signs, exterior lighting, parking areas (show dimensions of a typical parking space), unloading areas, and recreation areas;
(E) The location and the pavement and right-of-way width of all abutting roads, streets, or alleys;
(F) The name and firm address of the professional civil engineering or architectural firm(s) responsible for the preparation of the site plan;
(G) The name and address of the property owner or petitioner;
(H) The location of all rubbish receptacles and landscaping and the location, height, and type of fences and walls;
(I) Size and location of existing and proposed utilities including proposed connections to public sewer or water supply systems;
(J) Location of all fire hydrants, if applicable;
(K) A summary schedule should be affixed, if applicable, which gives the following data:
(1) The number of dwelling units proposed, to include the number, size, and location of 1-bedroom units, 2-bedroom units and the like; and
(2) The residential area of the site in acres and in square feet, including the breakdowns for any sub-areas or staging areas (excluding all existing rights-of-way).
(L) Size and location of all surface drainage facilities;
(M) Existing and proposed contour shall be shown on all site plans (2-foot interval minimum) as may be required by the Township Engineer;
(N) Utility and other easements;
(O) Clusters of trees, as well as existing individual trees over 24 inches in diameter;
(P) Existing wetlands;
(Q) Floodplains, drainage courses, lakes, ponds, drains, rivers, and streams, including their water surface elevation, floodplain elevation, and normal high water elevation;
(R) List of soils on the site utilizing the Soil Conservation Service’s most recent "Soil Survey of Genesee County;"
(S) Proposed sign locations; and
(T) For multiple-family development site plans, there shall be shown typical elevation views of the front and side of each type of building proposed, as well as typical dimensioned floor plans for each type of dwelling unit.
(Ord. 99, passed 11-18-1996, § 17.03)
§ 153.233 SITE PLAN REVIEW STANDARDS.
All site plans shall comply with applicable provisions of this chapter and with each of the following standards.
(A) Natural features.
(1) Existing natural features of the site, including vegetation, topography, water features, and other features, shall be preserved to the greatest extent practical.
(2) Only those areas under actual development shall be disturbed.
(B) Building relationships. Buildings and structures shall be placed in an orderly, non-random fashion so that an un-crowded, open appearance is maintained.
(C) Drives, parking, and circulation.
(1) Vehicular and pedestrian circulation shall be designed so as to provide for safe and efficient movement of vehicles and pedestrians.
(2) Points of vehicular access to public streets shall be limited to the minimum number required to provide safe and efficient access.
(3) Points of access shall be directly aligned or be offset a minimum of 150 feet, wherever possible.
(D) Surface water drainage.
(1) 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.
(2) Temporary on-site storage to reduce peak runoff from the site may be required.
(3) 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 standing water in the paved areas.
(E) Special features. Exposed storage areas, trash areas, service areas, truck loading areas, utility buildings and structures, and similar accessory areas shall be reasonably screened from view from adjoining streets, and adjoining properties.
(F) Emergency access. The site plan shall provide for adequate access to the site and to all buildings for emergency vehicles.
(G) Exterior lighting. The lighting shall be located and designed so that illumination is directed away from adjacent properties and streets.
(Ord. 99, passed 11-18-1996, § 17.04)
§ 153.234 PLANNING COMMISSION ACTION.
The Planning Commission, upon reviewing a site plan, shall take 1 of the following actions.
(A) Approval. If the site plan meets all the Zoning Ordinance and related development requirements and standards, the Planning Commission shall record the approval and the Chairperson shall sign 3 copies of the site plan, filing 1 in the official site plan file, forwarding 1 to the administrative official, and returning 1 to the applicant.
(B) Disapproval. If the site plan does not meet Zoning Ordinance and related development requirements and standards, the Planning Commission shall record the reasons for denial. The applicant may subsequently re-file a corrected site plan under the same procedures followed for the initial submission.
(C) Conditional approval.
(1) If minor corrections to the site are necessary, which can be clearly noted, then the Planning Commission shall so note the conditions and the Chairperson shall sign 3 site plans as conditionally approved and stating the necessary conditions.
(2) One copy shall be retained in the official site plan file, 1 forwarded to the Township Clerk, and 1 returned to the applicant.
(D) Table. If the site plan is found to be in violation of the requirements or incomplete with respect to necessary information, the Planning Commission may table action on the site plan until compliance is shown or required additional information is provided.
(Ord. 99, passed 11-18-1996, § 17.05)
§ 153.235 PERFORMANCE GUARANTEE AND REVOCATION FOR APPROVED SITE PLANS.
(A) (1) To ensure compliance with the provisions of this chapter and any conditions imposed in the approval of the site plan by the Planning Commission, the Planning Commission may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the Planning Commission covering the estimated costs of improvements associated with a project for which a site plan approval is sought be deposited with the Township Clerk to ensure faithful completion of the improvements.
(2) The performance guarantee if required shall be deposited at the time of the issuance of the building permit authorizing the activity or project and shall be refunded at a time that a final occupancy permit is issued by the Building Official.
(B) (1) Any site plan approval shall be revoked when construction of the development is not in conformance with the approved plans, in which case the Planning Commission shall give the applicant notice of intention to revoke the approved plans at least 10 days prior to review of the violation by the Planning Commission.
(2) After conclusion of the review, the Planning Commission shall revoke its approval of the development if the Commission feels that a violation in fact exists and has not been remedied prior to the hearing.
(C) (1) The approval by the Planning Commission of any site plan under the provisions of this chapter shall expire and be considered automatically revoked 1 year after the date of the approval unless actual construction has commenced and is proceeding in accordance with the issuance of a valid building permit.
(2) If construction activity ceases for any reason for a period of more than 1 year, any subsequent use of the land shall be subject to review and approval of a new site plan for the property in conformance with the regulations specified by this chapter, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to 2 successive 12-month extensions.
(Ord. 99, passed 11-18-1996, § 17.06; Am. Ord. 145, passed 1-17-2006)
§ 153.236 CHANGES TO APPROVED SITE PLANS.
§ 153.237 REQUIRED CONDOMINIUM DEVELOPMENT REVIEW.
(A) Pursuant to authority conferred by the Condominium Act, Public Act 59 of 1978 § 141, being M.C.L.A. §§ 559.101 through 559.272, as amended, all condominium projects must be approved by the Planning Commission.
(B) In determining whether to approve a condominium plan, the Planning Commission shall consult with the administrative official, Township Attorney, Township Engineer, and Township Planner regarding the adequacy of the master deed, deed restrictions, utility systems and streets, subdivision layout and design, and compliance with all requirements of the Condominium Act.
(Ord. 99, passed 11-18-1996, § 17.08)
§ 153.238 COMPLIANCE WITH ZONING REGULATIONS.
All condominium projects and structures shall comply with all the use, size, sign, height, area and setback regulations of the zoning district in which the condominiums project is located.
(Ord. 99, passed 11-18-1996, § 17.09)
§ 153.239 APPROVAL REQUIRED; PROCESS.
(A) Approval under this section shall be required as a condition to the right to construct, expand or convert a condominium project in the Charter Township of Montrose.
(B) The approval process shall involve 3 phases:
(1) Preliminary plan approval;
(2) Site plan approval; and
(3) Final engineering plan approval.
(Ord. 99, passed 11-18-1996, § 17.10)
§ 153.240 PRELIMINARY PLAN APPROVAL.
(A) A developer of a condominium project shall initially submit to the administrative official 3 copies of an application for preliminary plan approval, accompanied by a preliminary plan and plan review fee deposit as established by the Township Board.
(B) The preliminary plan shall be prepared by a registered professional, and shall include the following:
(1) The name, address, and telephone number of:
(a) All persons, firms or corporations with an ownership interest in the land on which the condominium project will be located together with a description of the nature of each entity’s interest. (i.e., fee owner, optionee or land contract vendee);
(b) All engineers, attorneys, architects or registered land surveyors associated with the project; and
(c) The developer of the condominium project.
(2) The legal description of the land on which the condominium project will be developed together with appropriate tax identification numbers;
(3) The current zoning of the parcels(s) and the zoning of the adjacent properties;
(4) Location map of the project;
(5) The acreage content of the land on which the condominium project will be developed;
(6) The purpose of the project (i.e. residential, commercial, industrial and the like);
(7) Location and size of building sites, envelopes, buildings, roads, parking areas, sidewalks, landscaping features, signs and utilities;
(8) Street and utility specifications and sectional diagrams;
(9) All areas within the 100-year floodplain, wetland areas or bodies of water; and
(10) Existing and projected topographical contours at a minimum of 2-foot intervals.
(C) Following the review, the preliminary plan shall be reviewed by the Township Planning Commission for conformance with all applicable laws and ordinances, including the requirements of this chapter.
(D) The township shall either approve, deny, or approve the application with conditions with a time limit for compliance with the conditions and resubmission, as deemed appropriate by the Township Planning Commission preliminary plan approval shall confer upon the developer a commitment of approval for a period of 1 year with regard to the size, shape, and layout of building sites, and street layout.
(E) The preliminary plan approval may be extended if applied for by the proprietor within the effective period and approved by the Township Planning Commission.
(Ord. 99, passed 11-18-1996, § 17.11)
§ 153.241 SITE PLAN APPROVAL.
(A) Following approval of the preliminary plan, if the developer desires to proceed with the project, and application for site plan approval shall be submitted for review in accordance with the requirements of this subchapter.
(B) In addition to any information required to be submitted for a site plan review, the developer shall include with the application for site plan approval, sufficient information for determining whether the project conforms with all applicable laws, codes, ordinances, and rules, and regulations enforceable by the township.
(C) The application for site plan review shall also include a copy of the proposed master deed, by-laws and any additional documentation to be recorded with Register of Deeds, for review and approval by appropriate township consultants.
(D) The master deed shall be reviewed by the Township Board, with the advice of the township consultants as deemed appropriate by the Township Board, with respect to all matters of drainage, retention, wetland, and other natural areas and common areas, and maintenance of landscaping in common areas, in the project.
(E) If the site plan conforms in all respects, site plan approval shall be granted by the Township Planning Commission. If the site plan fails to conform, the Township Planning Commission shall either deny the application, or approve the application with conditions with a time limit for compliance with the conditions and resubmission, as deemed appropriate by the Township Board.
(F) Site plan approval shall be effective for a period of 1 year. Approval may be extended if applied for by the developer within the effective period and approved by the Township Planning Commission.
(Ord. 99, passed 11-18-1996, § 17.12)
§ 153.242 FINAL ENGINEERING APPROVAL.
(A) Following the site plan approval, a building permit for construction may be issued at a time as the final engineering plans have been approved.
(B) The Township Planning Commission may determine that certain improvements need not be completed prior to issuance of the building permit.
(C) However, all improvements shall be completed prior to issuing a certificate of occupancy. The developer may be required to deposit cash, provide a letter of credit or establish an escrow fund to ensure the completion of the improvements.
(Ord. 99, passed 11-18-1996, § 17.13)
§ 153.243 ADDITIONAL REGULATIONS APPLICABLE TO CONDOMINIUM PROJECTS.
(A) Each building site shall front on and have direct access to either a public road, or a private road. A private road shall be designed pursuant to the Private Road Ordinance of the township.
(B) There shall be compliance with all requirements of § 153.200, and other provisions of this subchapter and other applicable ordinances, with the understanding that reference to LOT in the regulations shall mean and refer to BUILDING SITE as defined in this chapter, and reference to BUILDING (meaning principal building) or STRUCTURE (meaning principal structure) shall mean and refer to BUILDING ENVELOP as defined under this chapter.
(C) In the review of preliminary plans, site plans and engineering plans, it is recognized that it may not be feasible to precisely apply traditional definitions and measures applicable to the development proposed.
(D) However, the review of plans submitted under this subchapter shall be accomplished with the objective and intent of achieving the same results, aside from procedure requirements, as if the improvements were being proposed pursuant to the Subdivision Control Act.
(E) Prior to the issuance of building permits for units, the developer shall demonstrate approval by county and state entities having jurisdiction with regard to any aspect of the development, including, without limitation, roads, water supply, and sewage disposal.
(F) Prior to issuance of certificates of occupancy, the developer shall provide evidence of approval(s) required by any other governmental entities having jurisdiction over any aspect of the condominium project, and the administrative official shall determine that all improvements have been substantial completed in accordance with approved plans.
(G) With respect to each building envelope, within 60 days following final inspection of the improvement, the developer shall submit to the administrative official and "as-built" survey, including dimensions between each improvement and the boundaries of the building site, and distance of each improvement from any wetland, floodplain and/or floodway.
(H) The corners of each building site shall be staked in the customary manner in connection with the survey performed from the project by a registered land survey or professional engineer.
(I) The fees for all reviews shall be established by ordinance and/or resolution adopted by the Township Board.
(J) Any proposed amendment of master deed which would involve any subject matter reviewed or reviewable under this subchapter shall be reviewed an approved by the Township Planning prior to recordation.
(1) Elements. The condominium project shall provide for the dedication of easements to the appropriate public agencies for the purposes of construction, operation, maintenance, inspection, repair, alteration, replacement, and/or removal of pipelines, conduits, mains, and other installations of a similar character for the purpose of providing public utility services, including conveyance of sewage, potable water, and storm water runoff across, through and under the property subject to the easement, and excavation and refilling of ditches and trenches necessary for the location of installations.
(2) Monuments required. All condominium developments, which consist in whole or in part of condominium units which are building sites, mobile home sites, or recreational sites, shall be marked with monuments as provided:
(a) All monuments used shall be made of solid iron or steel bars at least 1/2 inch in diameter and 36 inches long and completely encased in concrete at least 4 inches in diameter;
(b) Monuments shall be located in the ground at all angles in the boundaries of the condominium development; at the intersection lines of streets and at the intersection of the lines of streets with the boundaries of the condominium development and at the intersection of alleys with the boundaries of the condominium development; at all points of curvature, points of tangency, points of compound curvature, points of reverse curvature and angle points in the side lines of streets and alleys and at all angles of an intermediate traverse line. It is not intended or required that monuments be placed within the traveled portion of a street to mark angles in the boundary of the condominium development if the angle points can be readily re-established by reference to monuments along the sidelines of the streets;
(c) If the required location of a monument is an inaccessible place, or where the locating of a monument would be clearly impracticable, it is sufficient to place a reference monument nearby and the precise location thereof be clearly indicated on the plans and referenced to the true point;
(d) If a point required to be monumented is on a bedrock outcropping, a steel rod, at least 1/2 inch in diameter shall be drilled and grouted into solid rock to a depth of at least 8 inches;
(e) All required monuments shall be placed flush with the ground where practicable;
(f) All units corners and the intersection of all limited common elements and all common elements shall be monumented in the field by iron or steel bars or iron pipes at least 18 inches long and 1/2 inch in diameter, or other approved markers; and
(g) The Township Planning Commission may waive the placing of any of the required monuments and markers for a reasonable time, not to exceed 1 year, on the condition that the proprietor deposits with the Township Clerk cash or a certified check, or irrevocable bank letter of credit to Charter Township of Montrose, whichever the proprietor selects in an amount to be established by the Township Board, by resolution. The cash, certified check, or irrevocable bank letter of credit shall be returned to the proprietor upon receipt of a certificate by a surveyor that the monuments and markers have been placed as required within the time specified.
(K) (1) Master deed, restrictive covenants, and "as built" survey to be furnished. The condominium development developer or proprietor shall furnish the administrative official with the following: 1 copy of the recorded master deed, 1 copy of all restrictive covenants, and 2 copies of an "as built" survey.
(2) Review. The "as built" survey shall be reviewed by the administrative official for compliance with township ordinances. Fees for this review shall be established by resolution of the Township Board.
(Ord. 99, passed 11-18-1996, § 17.14)