SITE PLAN REVIEW AND APPROVAL
A.
Site plan review provides the City with an opportunity to review the proposed use of a site in relation to all applicable provisions of the Zoning Ordinance and City planning policy. Site plan review also provides the City with an opportunity to review the relationship of the plan to surrounding uses, accessibility, pedestrian and vehicular circulation, off-street parking, public utilities, drainage, natural features, screening, and other relevant factors which may have an impact on the public health, safety and general welfare.
B.
It is further the intent of this Article to require the eventual upgrade of existing sites that do not conform with current standards of this Article and ensure that the arrangement, location, design and materials within a site are consistent with the character of the City and the goals in the City of Mount Clemens Master Plan.
(ord. eff. April 24, 2021)
A.
Site plan and sketch plan reviews and approvals shall be required for the activities or uses listed in Table 11.2.
B.
Approvals are obtained from the Planning Commission (PC), City Commission (CC), Community Development Department (Admin) depending upon the nature of the proposed construction or use. Certain activities and uses may require review and approval from the City Engineer as it relates to civil infrastructure, water, sewer, and utility systems. The Community Development Department reserves the right to refer any construction or use requiring Administrative Approval to the Planning Commission for additional review.
C.
Where City Commission approval is required, it shall be based upon the recommendation of the Planning Commission. Where the Ordinance allows the City to grant modifications or waivers to a specific requirement, the approval authority shall be the body with the authority to grant the associated modification or waiver, based upon the standards provided in that section. Variances may only be granted by the Zoning Board of Appeals (ZBA).
D.
Activities and uses that are exempt from site plan/sketch plan approval still require a building permit. All construction or building modification is subject to City building permit requirements of the Community Development Department in accordance with Article 15.
E.
Improvements to nonconforming sites, structures and uses are also subject to review according to Article 14, Nonconforming.
(ord. eff. April 24, 2021)
Site plans and sketch plans must be submitted in accordance with the following procedures and requirements:
A.
Optional Conceptual Review. The applicant has the option to meet with the Community Development Department or Planning Commission at a regularly scheduled meeting to present a conceptual site plan. The purpose of this meeting is to allow the applicant to introduce the site plan concept and receive comments or direction from the Planning Commission on the site plan or the need for additional material to evaluate the impacts of the use, such as a traffic or environmental studies. No formal action shall be taken. The applicant shall submit the following information in accordance with the review schedule and procedures adopted by the Planning Commission:
1.
Application form;
2.
Conceptual review fee;
3.
The name and address of the owner and any designated representative of the owner;
4.
Written description of the proposed use;
5.
Conceptual site plan, illustrating existing site features, lot dimensions, general footprints for proposed buildings and parking, and relationship to adjacent land uses; and,
6.
A location map.
B.
Application Submittal. The application shall be submitted by the owner of an interest in the land for which site plan approval is sought, or the designated agent of the owner, or with a statement signed by the owner granting permission from the property owner for the application. The Site Plan Review Application shall be furnished in the number of copies required by the City. The application shall include the following:
1.
Proof of ownership;
2.
A written use statement;
3.
The required fee, as established by the City Commission; and
4.
A complete signed and sealed site plan that includes the information required by Section 11.4.
C.
Administrative Review
1.
Technical Reviews. The Community Development Department shall forward the application and site plan/sketch plan to applicable departments for technical review.
2.
Revised Plan. Following the technical review, the applicant shall revise the site/sketch plan as necessary and provide revised plans with a letter describing all changes for follow-up review.
3.
Administrative Approval
a.
Sketch Plans for Administrative Approval. For sketch plans and other types of applications that require administrative approval under Table 11.02, the sketch plans shall be approved by the Community Development Department once they are found to be in compliance with the requirements of the Zoning Ordinance and other applicable ordinances. Once approved by the Community Development Department, the process shall follow the requirements of subsections below.
b.
Site Plans for Planning Commission Review. For applications, site/sketch plans that require Planning Commission or City Commission approval, once the plans are in compliance with the requirements of the Zoning Ordinance and other applicable ordinances, the plans shall be forwarded to the Planning Commission for consideration under subsection (c) below.
D.
Planning Commission Review—Site Plans
1.
Application and Review. Following the Community Development Department review, site plans requiring Planning Commission or Commission approval shall be placed on the agenda of the Planning Commission. The Planning Commission shall review the application, together with the reports and recommendations from the Community Development Department and other reviewing departments and agencies, below, as appropriate.
a.
Macomb County Department of Roads or Michigan Department of Transportation.
b.
Macomb County Public Works Commissioner.
c.
Macomb County Health Department.
d.
Fire Department.
e.
Community Development Department.
f.
Assessor's Office (Check legal description).
g.
City Engineer.
h.
City Attorney.
2.
Planning Commission Action.
a.
The Planning Commission shall make a determination based on the requirements and standards of this Ordinance.
b.
Where existing nonconforming conditions prevent compliance with these requirements and standards, the Planning Commission may allow reasonable modifications in accordance with Article 14, Nonconforming.
c.
The Planning Commission may take action to postpone a decision, approve, approve with conditions, or deny approval of the application.
d.
If approved, any conditions shall be made part of the motion to approve and documented in the Planning Commission's minutes, a copy of which shall be provided to the applicant.
e.
Approval of the site plan (as submitted, or with additions, corrections, or alterations) by the Planning Commission shall satisfy the requirements of this Zoning Ordinance for the issuance of a zoning compliance permit. It shall not, however, exempt the petitioner from compliance with other City ordinances.
E.
City Commission Approval—PUDs. Certain uses such as PUDs shall require City Commission approval, as noted in Table 11.2. For these uses, the Planning Commission shall hold a public hearing and forward a recommendation for approval, approval with conditions, or denial to the City Commission.
F.
Final Approval of Conditionally Approved Site Plan. The site plan shall be revised to reflect any conditions of approval imposed by the Planning Commission or City Commission and submitted to the Planning Department, accompanied by a letter describing all changes. The Community Development Department shall review the revised plans for compliance with conditions of site plan approval. The Community Development Director may grant final approval if the he/she finds the site plan to properly address the required revisions and conditions and otherwise complies with this Ordinance. Copies of the approved site plan will be filed with the Community Development Department and the Public Services Department and transmitted to applicant.
G.
Agency Approvals. The applicant shall obtain all other necessary agency permits from the Michigan Department of Environmental Quality, the Macomb County Office of Public Works, Macomb County Health Department, and all applicable utilities. Copies of applications for all applicable outside agencies shall accompany submission of the application and site plan to the City and approvals shall be obtained prior to the issuance of building permits, and before any substantial development activity takes place.
H.
Engineering Review. Following Planning Commission or administrative approval of a site plan or sketch plan, the City Engineer shall make a full review of the engineering plans. A building permit shall not be issued without the approval of the City Engineer.
I.
Building Permit. An application for a building permit may be submitted following final approval of the site plan, or sketch plan and engineering plans by the City Engineer. The applicant is responsible for obtaining all other applicable City, County, or State permits before a building permit is received.
J.
As-Built Drawings. Digital files submitted to the City shall be compatible with the City's geographic information system software (ArcGIS). Acceptable data formats are ESRI shapefiles (desired), DXF, or DWG. Digital files shall contain information which references either government corners or existing public right-of-way intersections in distance and direction from the project area. All digital files will be created at a one to one (1:1) scale. Feature or element information within the digital files shall be isolated by both feature groups (files) and layers / levels to meet the City's level specification. Any other information provided within the digital files shall be layer isolated from data included in the City's specification and shall include a written description of both the layer name and the information contained on the layer(s). Digital information provided to the City shall be delivered in a format compatible with the Microsoft Windows operating system. Acceptable delivery media shall be RW-CD.
K.
Expiration of Approved Site Plan. If construction has not commenced within twelve (12) months of site plan/sketch plan approval, approval becomes null and void and a new application for site plan review shall be required. If approval is not extended before expiration of the twelve (12) month period, then a new application and a new approval shall be required before a building permit may be issued. An extension may be granted for up to twenty-four (24) months. No more than one (1) extension shall be granted for any project. Planning Commission approval shall be required to extend site plans and Community Development Director approval shall be required to extend sketch plans.
L.
Property Maintenance. The owner of a property shall be responsible for maintaining the property on a continuing basis as required by the approved site plan until the property is razed, until new zoning regulations supersede the regulations upon which site approval was based, or until a new site plan approval is sought. Any physical changes to the site shall require approval of the City under the requirements of this Ordinance. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities and all other elements of a site. Any property owner who fails to maintain a property in compliance with an approved site plan shall be deemed in violation of this Ordinance and a nuisance per se.
M.
Performance bonds. The Planning Commission may require a cash deposit or irrevocable bank letter of credit acceptable to the City, covering the estimated cost of improvements associated with a project for which the site plan approval is sought, be deposited with the Clerk of the City to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project.
N.
Appeals. An applicant for a site plan approval may appeal the decision or absence of a decision of the Planning Commission to the City Zoning Board of Appeals.
(ord. eff. April 24, 2021)
The Site Plan Review Application shall be furnished in the number of copies required by the City, together with the same number of site plans, building drawings and required review fees. The following data shall be included with and as part of the site plan(s) or sketch plan(s) submitted for review unless waived by Community Development Department. Any and all waivers shall be recorded in the technical review including reasons for such waiver. If any of the items are missing and have not been waived by the Community Development Department, the site plan shall list each missing item and the reason(s) why each listed item is not considered applicable. The Community Development Department may require that additional data be included with the site plan(s) or sketch plan(s) where determined necessary by the nature of the proposed use or site conditions. Site plans shall be prepared by a professional engineer or registered architect licensed to practice in the State of Michigan.
I.
Additional Information. The City Planning Commission and/or the Community Development Department may also require additional information where the particular circumstances reasonably warrant their inclusion; such as flooding data, traffic analysis, or other similar data.
(ord. eff. April 24, 2021)
A site plan or sketch plan shall be approved if it contains the information required by the Zoning Ordinance and is in compliance with the conditions imposed under the Zoning Ordinance, other statutorily authorized and properly adopted City planning documents, other applicable ordinances, and state and federal statutes, as outlined below:
A.
ADEQUACY OF INFORMATION. The site plan shall include all required information in a sufficiently complete and understandable form to provide an accurate description of the proposed use(s) and structure(s).
B.
RELATIONSHIP TO SURROUNDING PROPERTY. All site development features shall be arranged to minimize the potential for negatively impacting surrounding property or may have an effect upon the public health, safety, morals, and general welfare and its relationship and harmony with the adopted City Ordinance and Plans. In making this determination, the Planning Commission shall review the plan for negative conditions such as, but not limited to:
1.
Location of the principal building or buildings and any accessory buildings or uses.
2.
Channeling excessive traffic onto local residential streets.
3.
The lack of adequate screening of parking or service areas.
4.
The impediments to the access of emergency vehicles.
5.
Site drainage characteristics
6.
The accumulation of litter, production of noise, light, smoke, fumes, or the piling of snow.
C.
BUILDINGS AND SITE
1.
Buildings. Buildings and structures shall meet the minimum dimensional requirements of this Ordinance. Redevelopment of nonconforming structures shall bring the site into closer conformity to the extent deemed practical by the City. Expansions to nonconforming buildings shall be as provided for in Article 14, Nonconforming.
2.
Privacy. The site design shall provide reasonable visual and sound privacy for dwelling units located adjacent to the site. Walls, berms, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of adjacent uses.
3.
Exterior Lighting. Exterior lighting shall be designed so that it is deflected away from adjacent properties and so that it does not impede the vision of drivers on public streets.
4.
Relationship to natural features. All buildings, driveways, parking lots and site improvements shall be designed to be compatible with the physical characteristics of the site, including, but not limited to, woodlands, wetlands, slopes, floodplains and soil suitability. The proposed development shall not needlessly have an adverse impact on the natural environment of the site or the surrounding area.
5.
Landscaping. The Planning Commission may require further landscaping, fences, walls and berms pursuant to the objectives of this Ordinance, and such improvements shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
6.
Hazardous Materials. Sites that include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby surface water bodies. These areas shall be designed to meet all applicable state and federal regulations and incorporate basic management practices for the handling of hazardous materials. Uses that involve the storage of large quantities of hazardous or combustible materials shall be located and designed to ensure no threat to nearby uses and residents is present.
7.
Site development. During development, building, renovating or razing operations, the developer shall erect and maintain suitable protective barriers around the drip line of all trees specified to be maintained so as to prevent damage to said trees and shall not allow storage of equipment, materials, debris or fill to be placed in this preservation area.
8.
Site Redevelopment. Redevelopment of existing sites shall conform to the site improvement provisions of this Ordinance to the extent deemed practical by the Planning Commission. The extent of upgrade to site improvements shall be relative to and proportionate with the extent of redevelopment or expansion in accordance with the nonconforming site requirements of Section 14.4.
D.
INFRASTRUCTURE. The Planning Commission shall consider the City Engineer's evaluation of the adequacy of public or private utilities proposed to serve the site, including water, sanitary sewers and stormwater management.
1.
Drainage. Stormwater management systems and facilities shall preserve natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and shall not substantially reduce or increase the natural retention or storage capacity of any wetland, water body, or water course, or cause alterations which could increase flooding or water pollution on or off the site.
2.
Soil Erosion. Measures shall be included to prevent soil erosion and sedimentation.
3.
Public Services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the City or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, traffic control, and administrative services.
E.
ACCESS AND CIRCULATION
1.
Ingress and Egress. Every structure and dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. Access to the site shall be located and designed to ensure minimal impact on the safety and efficiency of traffic flow along all adjoining roadways.
2.
Emergency Vehicle Access. All buildings and site circulation shall be arranged to permit emergency vehicle access by practicable means to all buildings and areas of the site. Vehicle circulation shall meet turning radius requirements set by the Fire Department. Fire lanes shall be designated on the site and posted with signage by the developer/property owner at the developer's/property owner's expense prior to occupancy. Fire hydrants, fire suppression systems, fire detection, and fire extinguishers shall be provided as required by the Fire Department.
3.
Vehicular Circulation Layout. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian pathways in the area. Public streets adjacent or through the proposed development shall be required when it is essential to promoting and protecting public health, safety and general welfare and to provide continuity to the public road system.
4.
Vehicular access. The location and design of driveways providing vehicular access to the site shall be arranged to promote the safety and convenience of vehicles and pedestrians and to provide access in a manner that promotes proper internal circulation. The Planning Commission shall require public streets adjacent or through a proposed development, when it is necessary for the public health, safety and welfare, and/or provide continuity to the public road system. In those instances where the Planning Commission determines that there are an excessive number of curb-cuts in relation to abutting public roads, thereby diminishing the capacity of the road or creating excessive points of conflict, a reduction in the number of driveways shall be required. For a narrow frontage which will require a single outlet, the Planning Commission may require that money be placed in escrow with the City so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided or monies have been deposited with the City.
5.
Pedestrian Circulation. The site plan shall provide a pedestrian circulation system which is insulated as completely as is reasonably possible from the vehicular circulation system.
6.
Traffic Impact. The expected volume of traffic to be generated by the proposed use shall not adversely affect existing roads and traffic patterns. Roadway access shall minimize excessive vehicle traffic on local residential streets to reduce the possibility of any adverse effects upon adjacent property. A transportation impact study as described in Section 8.15 may be required where the trip thresholds noted in that section are met to help determine compliance with this standard.
(ord. eff. April 24, 2021)
A.
Minor Changes
1.
Prior to making any change to an approved site plan/sketch plan the applicant or property owner shall notify the Community Development Director of any desired change. The Community Development Director shall review the request and determine whether the requested change is minor or major. The following shall be considered minor changes:
a.
Movement of a building or buildings by no more than five (5) feet, provided all setback, parking, landscaping and other site requirements are still met.
b.
Plantings approved in the landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on an equal or greater basis.
c.
Trees to be preserved that were damaged or lost during construction may be replaced by trees of a similar species, with two (2) new trees required for each tree replaced.
d.
Improvements to site access or circulation, such as deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, but not the addition of new driveways.
e.
Changes of building materials to another of higher quality, as determined by the Building and Safety Director.
f.
Changes in interior floor plans which do not alter the character of the use.
g.
Slight modification of sign placement or reduction of size.
h.
Changes required or requested by the City, County, State or Federal agency for safety reasons or for compliance with applicable laws.
i.
Revisions that do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved site plan.
j.
Situations the Building Inspector deems similar to the above.
2.
Minor changes to an approved site plan may be approved by the Community Development Director.
B.
Major Changes. All other changes not considered minor shall be considered a major change requiring a new application for site plan review.
(ord. eff. April 24, 2021)
SITE PLAN REVIEW AND APPROVAL
A.
Site plan review provides the City with an opportunity to review the proposed use of a site in relation to all applicable provisions of the Zoning Ordinance and City planning policy. Site plan review also provides the City with an opportunity to review the relationship of the plan to surrounding uses, accessibility, pedestrian and vehicular circulation, off-street parking, public utilities, drainage, natural features, screening, and other relevant factors which may have an impact on the public health, safety and general welfare.
B.
It is further the intent of this Article to require the eventual upgrade of existing sites that do not conform with current standards of this Article and ensure that the arrangement, location, design and materials within a site are consistent with the character of the City and the goals in the City of Mount Clemens Master Plan.
(ord. eff. April 24, 2021)
A.
Site plan and sketch plan reviews and approvals shall be required for the activities or uses listed in Table 11.2.
B.
Approvals are obtained from the Planning Commission (PC), City Commission (CC), Community Development Department (Admin) depending upon the nature of the proposed construction or use. Certain activities and uses may require review and approval from the City Engineer as it relates to civil infrastructure, water, sewer, and utility systems. The Community Development Department reserves the right to refer any construction or use requiring Administrative Approval to the Planning Commission for additional review.
C.
Where City Commission approval is required, it shall be based upon the recommendation of the Planning Commission. Where the Ordinance allows the City to grant modifications or waivers to a specific requirement, the approval authority shall be the body with the authority to grant the associated modification or waiver, based upon the standards provided in that section. Variances may only be granted by the Zoning Board of Appeals (ZBA).
D.
Activities and uses that are exempt from site plan/sketch plan approval still require a building permit. All construction or building modification is subject to City building permit requirements of the Community Development Department in accordance with Article 15.
E.
Improvements to nonconforming sites, structures and uses are also subject to review according to Article 14, Nonconforming.
(ord. eff. April 24, 2021)
Site plans and sketch plans must be submitted in accordance with the following procedures and requirements:
A.
Optional Conceptual Review. The applicant has the option to meet with the Community Development Department or Planning Commission at a regularly scheduled meeting to present a conceptual site plan. The purpose of this meeting is to allow the applicant to introduce the site plan concept and receive comments or direction from the Planning Commission on the site plan or the need for additional material to evaluate the impacts of the use, such as a traffic or environmental studies. No formal action shall be taken. The applicant shall submit the following information in accordance with the review schedule and procedures adopted by the Planning Commission:
1.
Application form;
2.
Conceptual review fee;
3.
The name and address of the owner and any designated representative of the owner;
4.
Written description of the proposed use;
5.
Conceptual site plan, illustrating existing site features, lot dimensions, general footprints for proposed buildings and parking, and relationship to adjacent land uses; and,
6.
A location map.
B.
Application Submittal. The application shall be submitted by the owner of an interest in the land for which site plan approval is sought, or the designated agent of the owner, or with a statement signed by the owner granting permission from the property owner for the application. The Site Plan Review Application shall be furnished in the number of copies required by the City. The application shall include the following:
1.
Proof of ownership;
2.
A written use statement;
3.
The required fee, as established by the City Commission; and
4.
A complete signed and sealed site plan that includes the information required by Section 11.4.
C.
Administrative Review
1.
Technical Reviews. The Community Development Department shall forward the application and site plan/sketch plan to applicable departments for technical review.
2.
Revised Plan. Following the technical review, the applicant shall revise the site/sketch plan as necessary and provide revised plans with a letter describing all changes for follow-up review.
3.
Administrative Approval
a.
Sketch Plans for Administrative Approval. For sketch plans and other types of applications that require administrative approval under Table 11.02, the sketch plans shall be approved by the Community Development Department once they are found to be in compliance with the requirements of the Zoning Ordinance and other applicable ordinances. Once approved by the Community Development Department, the process shall follow the requirements of subsections below.
b.
Site Plans for Planning Commission Review. For applications, site/sketch plans that require Planning Commission or City Commission approval, once the plans are in compliance with the requirements of the Zoning Ordinance and other applicable ordinances, the plans shall be forwarded to the Planning Commission for consideration under subsection (c) below.
D.
Planning Commission Review—Site Plans
1.
Application and Review. Following the Community Development Department review, site plans requiring Planning Commission or Commission approval shall be placed on the agenda of the Planning Commission. The Planning Commission shall review the application, together with the reports and recommendations from the Community Development Department and other reviewing departments and agencies, below, as appropriate.
a.
Macomb County Department of Roads or Michigan Department of Transportation.
b.
Macomb County Public Works Commissioner.
c.
Macomb County Health Department.
d.
Fire Department.
e.
Community Development Department.
f.
Assessor's Office (Check legal description).
g.
City Engineer.
h.
City Attorney.
2.
Planning Commission Action.
a.
The Planning Commission shall make a determination based on the requirements and standards of this Ordinance.
b.
Where existing nonconforming conditions prevent compliance with these requirements and standards, the Planning Commission may allow reasonable modifications in accordance with Article 14, Nonconforming.
c.
The Planning Commission may take action to postpone a decision, approve, approve with conditions, or deny approval of the application.
d.
If approved, any conditions shall be made part of the motion to approve and documented in the Planning Commission's minutes, a copy of which shall be provided to the applicant.
e.
Approval of the site plan (as submitted, or with additions, corrections, or alterations) by the Planning Commission shall satisfy the requirements of this Zoning Ordinance for the issuance of a zoning compliance permit. It shall not, however, exempt the petitioner from compliance with other City ordinances.
E.
City Commission Approval—PUDs. Certain uses such as PUDs shall require City Commission approval, as noted in Table 11.2. For these uses, the Planning Commission shall hold a public hearing and forward a recommendation for approval, approval with conditions, or denial to the City Commission.
F.
Final Approval of Conditionally Approved Site Plan. The site plan shall be revised to reflect any conditions of approval imposed by the Planning Commission or City Commission and submitted to the Planning Department, accompanied by a letter describing all changes. The Community Development Department shall review the revised plans for compliance with conditions of site plan approval. The Community Development Director may grant final approval if the he/she finds the site plan to properly address the required revisions and conditions and otherwise complies with this Ordinance. Copies of the approved site plan will be filed with the Community Development Department and the Public Services Department and transmitted to applicant.
G.
Agency Approvals. The applicant shall obtain all other necessary agency permits from the Michigan Department of Environmental Quality, the Macomb County Office of Public Works, Macomb County Health Department, and all applicable utilities. Copies of applications for all applicable outside agencies shall accompany submission of the application and site plan to the City and approvals shall be obtained prior to the issuance of building permits, and before any substantial development activity takes place.
H.
Engineering Review. Following Planning Commission or administrative approval of a site plan or sketch plan, the City Engineer shall make a full review of the engineering plans. A building permit shall not be issued without the approval of the City Engineer.
I.
Building Permit. An application for a building permit may be submitted following final approval of the site plan, or sketch plan and engineering plans by the City Engineer. The applicant is responsible for obtaining all other applicable City, County, or State permits before a building permit is received.
J.
As-Built Drawings. Digital files submitted to the City shall be compatible with the City's geographic information system software (ArcGIS). Acceptable data formats are ESRI shapefiles (desired), DXF, or DWG. Digital files shall contain information which references either government corners or existing public right-of-way intersections in distance and direction from the project area. All digital files will be created at a one to one (1:1) scale. Feature or element information within the digital files shall be isolated by both feature groups (files) and layers / levels to meet the City's level specification. Any other information provided within the digital files shall be layer isolated from data included in the City's specification and shall include a written description of both the layer name and the information contained on the layer(s). Digital information provided to the City shall be delivered in a format compatible with the Microsoft Windows operating system. Acceptable delivery media shall be RW-CD.
K.
Expiration of Approved Site Plan. If construction has not commenced within twelve (12) months of site plan/sketch plan approval, approval becomes null and void and a new application for site plan review shall be required. If approval is not extended before expiration of the twelve (12) month period, then a new application and a new approval shall be required before a building permit may be issued. An extension may be granted for up to twenty-four (24) months. No more than one (1) extension shall be granted for any project. Planning Commission approval shall be required to extend site plans and Community Development Director approval shall be required to extend sketch plans.
L.
Property Maintenance. The owner of a property shall be responsible for maintaining the property on a continuing basis as required by the approved site plan until the property is razed, until new zoning regulations supersede the regulations upon which site approval was based, or until a new site plan approval is sought. Any physical changes to the site shall require approval of the City under the requirements of this Ordinance. This maintenance requirement includes healthy landscaping, walls, fences, pavement, pavement markings, signs, building exterior, drainage facilities and all other elements of a site. Any property owner who fails to maintain a property in compliance with an approved site plan shall be deemed in violation of this Ordinance and a nuisance per se.
M.
Performance bonds. The Planning Commission may require a cash deposit or irrevocable bank letter of credit acceptable to the City, covering the estimated cost of improvements associated with a project for which the site plan approval is sought, be deposited with the Clerk of the City to ensure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project.
N.
Appeals. An applicant for a site plan approval may appeal the decision or absence of a decision of the Planning Commission to the City Zoning Board of Appeals.
(ord. eff. April 24, 2021)
The Site Plan Review Application shall be furnished in the number of copies required by the City, together with the same number of site plans, building drawings and required review fees. The following data shall be included with and as part of the site plan(s) or sketch plan(s) submitted for review unless waived by Community Development Department. Any and all waivers shall be recorded in the technical review including reasons for such waiver. If any of the items are missing and have not been waived by the Community Development Department, the site plan shall list each missing item and the reason(s) why each listed item is not considered applicable. The Community Development Department may require that additional data be included with the site plan(s) or sketch plan(s) where determined necessary by the nature of the proposed use or site conditions. Site plans shall be prepared by a professional engineer or registered architect licensed to practice in the State of Michigan.
I.
Additional Information. The City Planning Commission and/or the Community Development Department may also require additional information where the particular circumstances reasonably warrant their inclusion; such as flooding data, traffic analysis, or other similar data.
(ord. eff. April 24, 2021)
A site plan or sketch plan shall be approved if it contains the information required by the Zoning Ordinance and is in compliance with the conditions imposed under the Zoning Ordinance, other statutorily authorized and properly adopted City planning documents, other applicable ordinances, and state and federal statutes, as outlined below:
A.
ADEQUACY OF INFORMATION. The site plan shall include all required information in a sufficiently complete and understandable form to provide an accurate description of the proposed use(s) and structure(s).
B.
RELATIONSHIP TO SURROUNDING PROPERTY. All site development features shall be arranged to minimize the potential for negatively impacting surrounding property or may have an effect upon the public health, safety, morals, and general welfare and its relationship and harmony with the adopted City Ordinance and Plans. In making this determination, the Planning Commission shall review the plan for negative conditions such as, but not limited to:
1.
Location of the principal building or buildings and any accessory buildings or uses.
2.
Channeling excessive traffic onto local residential streets.
3.
The lack of adequate screening of parking or service areas.
4.
The impediments to the access of emergency vehicles.
5.
Site drainage characteristics
6.
The accumulation of litter, production of noise, light, smoke, fumes, or the piling of snow.
C.
BUILDINGS AND SITE
1.
Buildings. Buildings and structures shall meet the minimum dimensional requirements of this Ordinance. Redevelopment of nonconforming structures shall bring the site into closer conformity to the extent deemed practical by the City. Expansions to nonconforming buildings shall be as provided for in Article 14, Nonconforming.
2.
Privacy. The site design shall provide reasonable visual and sound privacy for dwelling units located adjacent to the site. Walls, berms, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of adjacent uses.
3.
Exterior Lighting. Exterior lighting shall be designed so that it is deflected away from adjacent properties and so that it does not impede the vision of drivers on public streets.
4.
Relationship to natural features. All buildings, driveways, parking lots and site improvements shall be designed to be compatible with the physical characteristics of the site, including, but not limited to, woodlands, wetlands, slopes, floodplains and soil suitability. The proposed development shall not needlessly have an adverse impact on the natural environment of the site or the surrounding area.
5.
Landscaping. The Planning Commission may require further landscaping, fences, walls and berms pursuant to the objectives of this Ordinance, and such improvements shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
6.
Hazardous Materials. Sites that include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, or nearby surface water bodies. These areas shall be designed to meet all applicable state and federal regulations and incorporate basic management practices for the handling of hazardous materials. Uses that involve the storage of large quantities of hazardous or combustible materials shall be located and designed to ensure no threat to nearby uses and residents is present.
7.
Site development. During development, building, renovating or razing operations, the developer shall erect and maintain suitable protective barriers around the drip line of all trees specified to be maintained so as to prevent damage to said trees and shall not allow storage of equipment, materials, debris or fill to be placed in this preservation area.
8.
Site Redevelopment. Redevelopment of existing sites shall conform to the site improvement provisions of this Ordinance to the extent deemed practical by the Planning Commission. The extent of upgrade to site improvements shall be relative to and proportionate with the extent of redevelopment or expansion in accordance with the nonconforming site requirements of Section 14.4.
D.
INFRASTRUCTURE. The Planning Commission shall consider the City Engineer's evaluation of the adequacy of public or private utilities proposed to serve the site, including water, sanitary sewers and stormwater management.
1.
Drainage. Stormwater management systems and facilities shall preserve natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and shall not substantially reduce or increase the natural retention or storage capacity of any wetland, water body, or water course, or cause alterations which could increase flooding or water pollution on or off the site.
2.
Soil Erosion. Measures shall be included to prevent soil erosion and sedimentation.
3.
Public Services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the City or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, traffic control, and administrative services.
E.
ACCESS AND CIRCULATION
1.
Ingress and Egress. Every structure and dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways. Access to the site shall be located and designed to ensure minimal impact on the safety and efficiency of traffic flow along all adjoining roadways.
2.
Emergency Vehicle Access. All buildings and site circulation shall be arranged to permit emergency vehicle access by practicable means to all buildings and areas of the site. Vehicle circulation shall meet turning radius requirements set by the Fire Department. Fire lanes shall be designated on the site and posted with signage by the developer/property owner at the developer's/property owner's expense prior to occupancy. Fire hydrants, fire suppression systems, fire detection, and fire extinguishers shall be provided as required by the Fire Department.
3.
Vehicular Circulation Layout. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian pathways in the area. Public streets adjacent or through the proposed development shall be required when it is essential to promoting and protecting public health, safety and general welfare and to provide continuity to the public road system.
4.
Vehicular access. The location and design of driveways providing vehicular access to the site shall be arranged to promote the safety and convenience of vehicles and pedestrians and to provide access in a manner that promotes proper internal circulation. The Planning Commission shall require public streets adjacent or through a proposed development, when it is necessary for the public health, safety and welfare, and/or provide continuity to the public road system. In those instances where the Planning Commission determines that there are an excessive number of curb-cuts in relation to abutting public roads, thereby diminishing the capacity of the road or creating excessive points of conflict, a reduction in the number of driveways shall be required. For a narrow frontage which will require a single outlet, the Planning Commission may require that money be placed in escrow with the City so as to provide for a marginal service drive equal in length to the frontage of the property involved. Occupancy permits shall not be issued until the improvement is physically provided or monies have been deposited with the City.
5.
Pedestrian Circulation. The site plan shall provide a pedestrian circulation system which is insulated as completely as is reasonably possible from the vehicular circulation system.
6.
Traffic Impact. The expected volume of traffic to be generated by the proposed use shall not adversely affect existing roads and traffic patterns. Roadway access shall minimize excessive vehicle traffic on local residential streets to reduce the possibility of any adverse effects upon adjacent property. A transportation impact study as described in Section 8.15 may be required where the trip thresholds noted in that section are met to help determine compliance with this standard.
(ord. eff. April 24, 2021)
A.
Minor Changes
1.
Prior to making any change to an approved site plan/sketch plan the applicant or property owner shall notify the Community Development Director of any desired change. The Community Development Director shall review the request and determine whether the requested change is minor or major. The following shall be considered minor changes:
a.
Movement of a building or buildings by no more than five (5) feet, provided all setback, parking, landscaping and other site requirements are still met.
b.
Plantings approved in the landscape plan may be replaced by similar types and sizes of landscaping which provides a similar screening effect on an equal or greater basis.
c.
Trees to be preserved that were damaged or lost during construction may be replaced by trees of a similar species, with two (2) new trees required for each tree replaced.
d.
Improvements to site access or circulation, such as deceleration lanes, boulevards, curbing, pedestrian/bicycle paths, but not the addition of new driveways.
e.
Changes of building materials to another of higher quality, as determined by the Building and Safety Director.
f.
Changes in interior floor plans which do not alter the character of the use.
g.
Slight modification of sign placement or reduction of size.
h.
Changes required or requested by the City, County, State or Federal agency for safety reasons or for compliance with applicable laws.
i.
Revisions that do not alter the basic design, compliance with the standards of approval, nor any specified conditions of the approved site plan.
j.
Situations the Building Inspector deems similar to the above.
2.
Minor changes to an approved site plan may be approved by the Community Development Director.
B.
Major Changes. All other changes not considered minor shall be considered a major change requiring a new application for site plan review.
(ord. eff. April 24, 2021)