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. Site plan review also provides the city with an opportunity to review the relationship of the plan to surrounding uses, accessibility, on and off-site 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.

(Ord. No. 158, § 2.00, 9-22-2008)

In reviewing all applications for site plan approval, the planning commission shall consider the plan in relation to the following standards:

(1)

Vehicular access and circulation.

a.

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 and minimizes on-site curb cuts, taking into consideration such issues as proper driveway alignment, driveway spacing and internal connectivity between sites. 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.

b.

Circulation. On-site circulation shall be clearly indicated on the plan. Access lanes, maneuvering lanes, parking stalls, stacking lanes, loading/unloading bays and doors, shall be designed in a manner that promotes the general safety, convenience, and interaction of both vehicles and pedestrians. The relationship to and the impacts upon adjacent properties shall also be considered.

(2)

Relationship to surrounding property. All site development features shall be arranged to minimize the potential for negatively impacting surrounding property. In making this determination, the planning commission shall review the plan for negative conditions, such as, but not limited to:

a.

Channeling excessive traffic onto local residential streets.

b.

The lack of adequate screening of parking, maneuvering, or service areas.

c.

Excessive visual pollution caused from lighting and debris.

d.

The building structure and use shall be generally consistent in size, scale, and intensity with the adjacent uses.

e.

The impediments to the access of emergency vehicles.

(3)

Relationship to natural features. All buildings, driveways, parking lots, and site improvements shall be designed to be compatible with all natural features on-site. The site buildings and improvements shall not encroach into the physical characteristics of the site, such as wetlands, floodplains and natural drainage ways, and shall minimize the impact on environmental features, including, but not limited to, woodlands, slopes and sensitive soils. The proposed development shall not needlessly have an adverse impact on the natural environment of the site or the surrounding area. In no way shall natural drainage ways or other natural water retention bodies be altered in a manner that reduces or significantly alters the current drainage location, patterns or volumes.

(4)

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 retention.

(Ord. No. 158, § 2.01, 9-22-2008)

(a)

A site plan shall be submitted for review by the planning commission whenever one or more of the following conditions apply:

(1)

Whenever a building permit is required for the erection or structural alteration of a building (other than single-family homes, farm buildings, or accessory structures to these uses).

(2)

For the construction, use, or establishment of a new or expanded parking or storage area.

(3)

For all special land uses.

(4)

For any change in use or class of use as determined significant by the city.

(5)

The erection of, or addition to, any major utility service facilities, including towers, substations, pump stations and similar facilities.

The planning commission may delegate authority to the building official, city engineer and/or city planner to waive, upon unanimous consent, the site plan submission requirement when the proposed building or site change is minimal.

(b)

A required site plan shall include the entire site under the control or ownership of the applicant with all areas proposed for improvement and all unplanned areas also included. All site plans submitted for consideration shall include the following information:

(1)

General site data.

a.

The site plan shall be prepared by and carry the seal and signature of the registered architect, landscape architect, community planner, land surveyor or professional engineer who prepared it, and shall consist of one or more sheets necessary to adequately provide the required data.

b.

The dimensions of all improvements and yards shall be labeled in a manner that clearly indicates the plan's compliance with the applicable zoning ordinance standards and requirements.

c.

North point and scale should customarily be provided at 1" = 20', or 1" = 30'. For large-scale development, 1" = 50' or 1" = 100' may be acceptable, provided all important typical areas and chapter requirements are thoroughly detailed in clearly recognizable form and presented at the customary scale.

d.

Complete legal description.

e.

Parcel identification number.

f.

Size of the site.

g.

Location map showing major roads, nearby cross-streets and property lines, where necessary.

h.

Zoning of site and all surrounding property. If the site has split zoning, show the line between the districts.

i.

Proposed address, if available.

j.

Location of existing structures and improvements. Indicate if any such structure or improvement is to be removed.

k.

Location of proposed structures and improvements.

l.

Yards/setbacks and critical dimensions between buildings and other site improvements.

m.

Existing improvements (buildings, parking, driveways, sidewalks, signs, fences, walks, etc.) within 200 feet of all property lines.

n.

Topography at two-foot contours (existing and proposed).

o.

Benchmarks with USGS reference points.

p.

Recorded easements and rights-of-way with liber and page numbers.

(2)

Building plans.

a.

All architectural building elevations (front, sides and rear).

b.

Type of surface material and design of all exterior surfaces.

c.

Dimensioned floor plans (principal and accessory buildings).

d.

Decks and/or patios (dimensions, location, height and materials).

e.

All exterior appliances, such as cooling towers, dust collectors, condensers, evaporators and the like, and method of screening.

(3)

Access, parking and circulation.

a.

Existing and proposed rights-of-way for all abutting roads.

b.

Location and dimensions of all driveways and street approaches.

c.

Indicate the type of surface (paving).

d.

Parking spaces (location, number, dimensions, aisle dimensions and surface material).

e.

Site circulation pattern (direction of pedestrian and vehicular traffic flow if one-way or not obvious from the arrangement).

f.

Identification of all fire lanes.

g.

Sidewalks, interior walks and their connection. Interior sidewalks shall provide a connection to the eight-foot exterior sidewalk.

h.

Sidewalks, eight-foot asphalt along all exterior roadways.

i.

Carport locations and details (including architectural elevations).

j.

Location of emergency access roads.

(4)

Environmental features.

a.

Complete landscaping plan, including ground cover and the location, number, type and size of all proposed plantings.

b.

Indications of trees and shrubs shall only be used on the site plan where trees and shrubs exist, or where such vegetation will be planted prior to occupancy. All such trees and shrubs shall be labeled as to size, type and whether existing or proposed.

c.

A tree preservation plan as required by section 20-186.

d.

Greenbelts, walls and/or berm details. (Provide at least one cross-section for each type used.)

e.

Site irrigation (sprinklers). Indicate all areas to be irrigated.

f.

Treatment of all undeveloped areas (such as seeded, sodded, plantings, maintenance or other).

g.

Trash receptacles and method of screening.

h.

Site lighting details (location, height, type, intensity, method of shielding, and a ground level illumination plan (if required)).

i.

Wetlands, as determined by a wetlands consultant, shall be indicated on the plan if wetlands are suspected or known to exist on a site, or if a general wetlands map indicates the potential presence of a wetland in the area of the site. A Level 3 wetland assessment from the Michigan Department of Environmental Quality will be required prior to final approval.

(5)

Other information.

a.

Location of all site utilities including fire hydrants and fire department connections (if applicable) as approved by the fire chief.

b.

Site drainage characteristics and improvements.

c.

Park and/or recreation areas (show boundary and size in square feet).

d.

Fences, screen walls, or other similar structures (location and details).

e.

Statistical data shall be furnished, including: number of dwelling units; size of dwelling units (i.e., one-bedroom, two bedrooms and three bedrooms), if any; and the total gross acreage involved. (In the case of mobile home parks, the size and location of each mobile home site shall be shown.)

f.

Where large equipment or machinery is to be installed as part of the development, the location, type, horsepower, fuel, dimensions, and other data of all such equipment and/or machinery shall be indicated.

g.

Location of storage, use and disposal areas, if any, for hazardous substances, and evidence of approval by the applicable federal, state or local review agency.

h.

List of hazardous substances used, stored or generated at the proposed facility, in accordance with procedures of the planning commission.

i.

If phasing is proposed or intended, it shall be clearly shown on the site plan.

j.

Traffic impact studies or market studies.

(6)

Waivers. Where it is determined by the planning commission that certain requirements of this section are not necessary to the review and understanding of the site, the planning commission may waive the requirements.

(Ord. No. 158, § 2.02, 9-22-2008)

(a)

Submission. The proposed site plan shall be submitted to the planning and zoning administrator, or other designated representative, who shall check the submission data and transmit it to the following departments, agencies and consultants, if applicable:

(1)

Macomb County Road Commission or Michigan Department of Transportation, whichever is appropriate (applicant's responsibility).

(2)

Macomb County Public Works Commissioner (applicant's responsibility).

(3)

Macomb County Health Department (applicant's responsibility).

(4)

Fire department.

(5)

Building department.

(6)

Assessor's office (check legal description).

(7)

Water department.

(8)

Sewer department.

(9)

D.P.S.

(10)

Construction inspector.

(11)

City engineer.

(12)

City planner.

(13)

Police department.

(14)

Planning commissioners (one for each).

(15)

Planning commission file.

(16)

Appropriate school district (residential plans).

Each department, agency or professional shall acknowledge the date of its receipt of the site plan for its inspection and comments. The planning and zoning department shall next submit the site plan with the available written comments from the various agencies and departments to the planning commission for review at the meeting at which the site plan is placed on the agenda.

(b)

Submission deadline. The site plan may be placed on the following agenda of the next regular planning commission meeting if it has been received a minimum of 20 business days prior to the meeting. The resubmission of a site plan that has already been in front of the planning commission at least one time shall submit plans a minimum of ten business days prior to the next regularly scheduled planning commission meeting.

(c)

Planning commission review. The site plan shall be reviewed by the planning commission with reference to the specific requirements of this chapter, including those items listed above and other factors to be considered by the city in planning and establishing zoning districts as authorized under this chapter. The commission shall also require review and comment from the city planner, city engineer and city attorney, where appropriate. 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. It shall not, however, exempt the petitioner from compliance with other city ordinances.

(d)

Reserved.

(e)

Approval period. A site plan approval shall be valid for 12 months from the date of approval. If physical improvement of the site is not in actual progress at the expiration of the approval and diligently pursued to completion, the approval shall be null and void, unless renewed or extended by specific action of the city council. Any request for an extension shall be made in writing. If approval is not extended before expiration of the 12-month period, then a new application and a new approval shall be required before a building permit may be issued. The planning commission may grant a maximum of four extensions.

(f)

Performance bonds. The planning commission or zoning administrator 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 city clerk 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.

(g)

Review fees. A site plan fee shall be required to cover the cost of review by the city's engineer, planner, and other professional and city services, in accordance with a schedule of fees as determined by the city council.

(h)

Compliance.

(1)

Any construction, development and/or activity(ies) approved by the city, by and through the site plan review process, shall be undertaken and completed in strict compliance with the approved site plan of record.

(2)

The approved site plan of record shall include any properly recorded plan(s), map(s), drawing(s), photograph(s), specification(s), documents(s), and audio/video transcription(s) which serve to describe or illustrate any specific development, construction and/or activity approved by the city, by and through the site plan review process.

(3)

Developments will be reviewed by the planning commission as to their conformance with the approved site plan 12 months from the date of city council approval.

(Ord. No. 158, § 2.03, 9-22-2008; Ord. No. 243, §§ 1—3, 6-14-2021)

(a)

The intent of these requirements is to ensure that all site condominium subdivisions are developed in compliance with accepted planning and engineering standards applicable to similar forms of development, as reflected in the city's ordinances and requirements. All references to site condominiums are also meant to include condominiums within the provisions of this section.

(b)

Single-family detached condominiums may be allowed as a special land use in any single-family zoning district, subject to site plan review by the city. The review procedures for commercial and industrial site condominium subdivisions shall also be regulated by this section. Condominiums are permitted uses in all commercial, industrial and multiple-family districts.

(1)

Submission requirements. All site condominium subdivision plans shall be submitted for review, as required by Article II of this chapter and Section 66 of the Condominium Act, and include the following additional information:

a.

A boundary survey of the site condominium subdivision site.

b.

A plan delineating all natural and man-made features on the site, including, but not limited to, drains, ponds, lakes, streams, floodplains, wetlands and woodland areas.

c.

The location, size, shape, area and width of all condominium units and common areas and the location of all proposed streets.

d.

A copy of the master deed and a copy of all restrictive covenants to be applied to the project. Such deeds shall include an acceptable means of converting the project to a platted subdivision, under the provisions of Act 288 of 1967, at some future date.

e.

A utility plan showing all sanitary sewer, water and storm drainage improvements, plus all easements granted to the city for installation, repair and maintenance of all utilities.

f.

A street construction, paving and maintenance plan for all streets within the proposed condominium subdivision plan.

g.

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

(2)

Review procedures. Pursuant to authority conferred by Section 141 of the Condominium Act, all site condominium subdivision plans shall require approval by the planning commission before units may be sold or site improvements initiated. In determining whether to approve a site condominium subdivision plan, the planning commission shall consult with the city attorney, planner and engineer regarding the adequacy of the submission as it relates to the City of New Baltimore Zoning Ordinance and requirements of the Condominium Act. The review process shall consist of the following two steps:

a.

Preliminary plan review. In the preliminary review phase, the Planning Commission shall review the overall plan for the site, including basic road and unit configurations and the consistency of the plans, with all applicable provisions of the City of New Baltimore Zoning Ordinance. Plans submitted for preliminary review shall include information specified in items a., b. and c. of the submission requirements in subsection (1) above.

b.

Final plan review.

1.

Upon receipt of preliminary plan approval, the applicant shall prepare the appropriate engineering plans and apply for final review by the planning commission. Final plans shall include information as required by the Submission Requirements in subsections a. through g. above. Such plans and information shall be reviewed by the city attorney, engineer and planner.

2.

Further, such plans shall be submitted for review and comment to all applicable local, county and state agencies. Final approval shall not be granted until such time as all applicable review agencies have had an opportunity to comment on said plans.

(3)

District requirements. The development of all site condominium subdivisions shall observe the applicable yard setback and minimum floor area requirements of the zoning district within which the project is located. The density of development of the project shall be no greater and spacing no less than would be permitted if the property were a platted subdivision. Site condominiums located within a planned unit development (PUD) shall be governed by the standards approved as part of the overall PUD plan.

(4)

Design standards. All streets and roads in a site condominium subdivision shall conform to the standards of the City of New Baltimore Land Division and Subdivision Ordinance if the streets are to be dedicated to the public, or to standards and requirements of the City of New Baltimore Engineering Ordinance if private. Public streets shall be required, when necessary, to provide continuity to the public road system. All other improvements in site condominium subdivisions shall meet the standards of the City of New Baltimore Land and Subdivision Ordinance.

(5)

Utility easements. The condominium subdivision plan shall include all necessary public utility easements granted to the City of New Baltimore to enable the installation, repair, and maintenance of all necessary public utilities to be installed. Appropriate dedications for sanitary sewers, lines and storm drainage improvements shall be provided.

(6)

Final acceptance. The city shall also require all the appropriate inspections. After construction of the site condominium subdivision, an as-built reproducible mylar of the completed site improvements (excluding dwelling units) is to be submitted to the city for review by the city engineer. A final certificate of occupancy and any construction bonds or letter of credit will not be released to the developer/owner until said as-built mylar has been reviewed and accepted by the city.

(Ord. No. 158, § 2.04, 9-22-2008; Ord. No. 243, § 4, 6-14-2021)

State Law reference— Condominium act, MCL 559.101 et seq.

(a)

For all condominium projects, other than site condominiums, including convertibles, conversions or expansions, the following shall apply:

(1)

Required information. Concurrently with the notice of proposed action, required to be given to the city pursuant to section 71 of the Condominium Act, Public Act No. 59 of 1978 (MCL 559.171), as amended, a person intending to develop a condominium development in the city shall provide the following information:

a.

The name, address and telephone number of the following:

1.

Persons with an ownership interest in the land on which the condominium development will be located, together with a description of the nature of each entity's interest (e.g., fee owner, optionee, land contract vendee, etc.).

2.

Engineers, attorneys, architects or registered land surveyors associated with the project.

3.

The developer or proprietor of the condominium development.

b.

The legal description and acreage of the land on which the condominium development will be developed, together with any existing development and any proposed expansion plans and appropriate tax identification numbers.

c.

The purpose of the development (i.e., residential, multiple-family, commercial, industrial, etc.).

d.

Number of condominium units existing or to be developed on the subject parcel.

e.

The condominium plan for the project prepared by a registered architect, land surveyor or engineer.

f.

Site plan meeting the requirements of the appropriate zoning district.

g.

The nature, location and approximate size of the general and limited common elements.

h.

Utility plan, including water, sewer, and storm drainage.

i.

Floor plans and typical elevations of each side of the structure, if applicable, coded to the corresponding number or letter on the site plan.

j.

The size, location, area and horizontal boundaries of each condominium unit.

k.

The vertical boundaries and volume for each unit comprised of enclosed air space, if any.

l.

A number or letter assigned to each condominium unit.

m.

Floodplain and wetland information, if the condominium lies within or abuts a floodplain or wetland area.

n.

Correspondence from the proper and appropriate state, county and local authorities.

o.

Building section showing the existing and proposed structures and improvements, including their location on the land. Any proposed structures and improvement shown shall be labeled either "must be built" or "need not be built". To the extent that a developer is contractually obligated to deliver utility conduits, buildings, sidewalks, driveways, storm drainage, landscaping and an access road, such shall be shown and designated as "must be built"; however, the obligation to deliver such items exists whether or not they are shown and designated.

(2)

Site plans. Prior to recording of the master deed required by section 72 of Public Act No. 59 of 1978 (MCL 559.172), the condominium development shall undergo site plan review and approval pursuant to Article II of this chapter. In addition, the city shall require appropriate engineering plans, building permits, inspections and approval of the master deed prior to the issuance of any certificates of occupancy.

(3)

Site plans for expandable or convertible projects. Prior to expansion of or conversion to a condominium development, the project shall undergo site plan review and approval pursuant to this chapter. Water, sewer and storm drainage facilities must be reviewed and upgraded to meet the separate ownership or public system requirements. Variances or deviations shall be considered only by the zoning board of appeals or the construction code board.

(b)

General requirements are as follows:

(1)

Master deed, restrictive covenants, and as-built survey. The draft master deed and bylaws shall be submitted to the planning commission for its review. The site or survey plan shall show all common elements. Prior to the issuance of a building permit, the draft master deed and bylaws shall be approved by the planning commission after review by the city attorney and prior to the issuance of a certificate of occupancy. The condominium development developer or proprietor shall furnish the city with the following: Three copies of the master deed; three copies of all restrictive covenants; and two copies of an as-built survey. One copy of each of the above shall be provided to the city attorney, the building department and the city engineer. The as-built survey shall be reviewed by the city engineer for compliance with city ordinances. Fees for this review shall be established by resolution of the city council.

(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 in the condominium act (Public Act No. 59 of 1978 (MCL 559.101 et seq.).

(3)

Performance bond. If deemed necessary, the City shall require a performance bond for the total costs, as approved and determined by the city engineer, of all improvements required.

(4)

Building department review. The building department shall conduct a full inspection of all buildings in the condominium project to ensure that current city building code requirements have been met prior to the granting of a certificate of occupancy.

(Ord. No. 158, § 2.05, 9-22-2008; Ord. No. 243, § 5, 6-14-2021)

State Law reference— Condominium act, MCL 559.101 et seq.