The purpose of this Chapter is to provide for consultation and cooperation between the applicant and the Planning Commission in order that the applicant may accomplish planned objectives in the utilization of land within the regulations of this Zoning Ordinance. It is also intended to ensure that the development may be completed with a minimum adverse effect on the use of adjacent streets and highways, and on existing and future uses and environment in the immediate area and general vicinity.

In accordance with the provisions of this Chapter, the Planning Commission shall be furnished a site plan prior to the creation of a new use, expansion of the current use, addition to an existing building or use, erection of a building, change of use requiring increased parking and expansion or construction of a parking lot in the following districts as cited below.

A.

Permitted uses in the following districts:

(1)

R-3 Multiple Family Residential

(2)

MHP Manufactured Home Park District

(3)

B-1 Community Business District

(4)

B-2 Highway Business District

(5)

I-1 Industrial District

B.

Special Approval Uses in any Zoning District.

C.

All site condominium subdivisions and other condominium projects developed pursuant to the Condominium Act (MCLA 559.101 et seq).

D.

All platted subdivisions pursuant to the Land Division Act, P.A. 288 of 1967, as amended.

E.

All Planned Unit Developments.

F.

All developments in or near wetlands and 100-yr floodplains, including single family homes, for which a permit is required by the Michigan Department of Environmental Quality.

G.

For any other use or development for which the submission of a site plan is required by this Ordinance.

The following shall be exempt from the site plan requirements of this Ordinance:

A.

A single or two (2) family dwelling when permitted by right on a lot on which there exists no other building or use.

B.

Other exemptions to the site plan requirement are:

1)

Renovations to existing buildings, which result in an increase of less than fifteen (15) percent of the floor area.

2)

Each site plan shall contain the requirements set forth in Section 22.04, unless specifically waived by the Planning Commission.

Each site plan submitted shall contain the following information. All plans shall be prepared by and contain the seal of a professional engineer, architect, land surveyor, or landscape architect.

A.

The date, north arrow, and scale. The scale shall be not less than 1" = 20' for property under three (3) acres and at least 1" = 100' for those three (3) acres or more.

B.

The name, firm name, address and phone number of the professional individual responsible for the preparation of the site plan.

C.

The name and address of the property owner or petitioner, and proof of ownership or option to purchase.

D.

A locational sketch drawn to scale, illustrating the closest major cross streets, zoning and existing land use of adjacent parcels.

E.

Legal and common or popular description of the subject property.

F.

The size in acres or square feet of the subject property.

G.

All lot and/or property lines are to be shown with dimensions, including building setback lines on corner lots.

H.

The location of all existing structures within one hundred (100) feet of the subject property's boundary.

I.

The location and dimension of all existing and proposed structures on the subject property.

J.

The location and dimensions of all existing and proposed drives, sidewalks, curb openings, signs, exterior lighting, curbing, parking areas including total number of parking spaces (show dimensions of a typical parking space), unloading areas, recreation areas, common use areas, and areas to be conveyed for public use and purpose.

K.

The location, pavement width, and right-of-way width of all abutting roads, streets, alleys, or easements.

L.

The existing zoning of the subject property and all properties abutting the subject property.

M.

The location of all existing and proposed landscaping and vegetation and the locations, height, and type of existing and proposed fences and walls.

N.

Utilities and Infrastructure. Size and location of all existing utilities, including utility poles, drainage, telephone, electric, water, sewer, gas, drinking water wells, monitoring wells, irrigation wells, test wells, wells for industrial processes or wells that have no identified use, septic tanks, drain fields, ditches, underground storage tanks, above-ground storage areas, etc. Include the location of any existing floor drains and proposed connections to public sewer or water supply systems. General-purpose floor drains shall be connected to a public sewer system or an on-site holding tank (not a septic system), in accordance with state, county and municipal requirements, unless a permit has been obtained from the State of Michigan. Abandoned wells (wells that are no longer in use or are in disrepair), shall be plugged in accordance with regulations and procedures of the State of Michigan and Newaygo County.

O.

Surface Water Drainage Facilities. The location and size of all surface water drainage facilities; including inverts, gate wells, manholes, and catch basins; location and elevations of ditches, culverts, and bridges adjacent to the site. Documentation to support the adequacy of proposed facilities must accompany the site plan.

P.

Subsurface Water Drainage Facilities. The general proposed utility layout for sanitary sewer, water, and storm water systems; the location of any floor drains in proposed structure(s) on the site (the point of discharge for all drains and pipes shall be specified on the site plan); description and drawings showing size and location for any proposed aboveground and underground storage tanks, piping lines and dispensers. Documentation to support the adequacy of proposed facilities must accompany the site plan.

Q.

Existing Natural Features. The location and type of natural features such as woods, wetlands, streams, rivers, lakes, drains, sensitive land areas, floodplains, etc., must be provided on the site plan, as well as the 100-yr floodplain elevation labeled with USGS datum.

R.

Soil and Ground Water Detail. Adequate information concerning soils, groundwater, water table, and the impact of the proposed activities on each. Soils information for sites utilizing on-site septic tanks and drain fields; location and extent soils that is unbuildable in their natural state because of organic content, water table elevation or otherwise. Delineation of areas on the site which are known or suspected to be contaminated, together with a report on the status of the cleanup or closure. Earth penetration from drilling, direct-push or other earth boring activities shall be sealed with grout, or with soil material exhibiting lower hydraulic permeability than the native soil.

S.

For all site plans, contour intervals shall be shown at two (2) foot intervals.

T.

First floor elevation of all buildings based on USGS datum must be provided.

U.

Location and screening of trash storage areas. If no outdoor trash storage is intended, the site plan shall so state.

V.

Summary schedules and views should be affixed as applicable in residential developments, which give the following data:

1.

The number of dwelling units proposed by type, including typical floor plans for each type of dwelling unit.

2.

Typical elevation views of the front, side and rear of each type of building.

3.

Proposed density of the completed project.

W.

Grading and Drainage Plan. Drainage plan shall address natural drainage, storm sewer systems, sub-drainage, and Soil Erosion and Sedimentation Control. Proposed storm drainage systems shall include - location, dimensions, and calculations of storm water detention and retention areas; location, size, calculations, and material type of storm sewers; location and centerline elevations of swales or ditches; inverts; location of manholes and catch basins; direction of flow; swales; ditches; and design basis. Include proposed retaining walls - location, dimensions, material of the wall and fill, typical sections, and design calculations. Sufficient data regarding site runoff estimates and off-site drainage patterns shall be provided to permit review of feasibility and permanence of drainage detention and/or retention as well as the impact on local surface and groundwater. The landscape plan, the utilities plan, and the grading and drainage plan may be combined if the required information could reasonably be portrayed.

X.

Other Agency Reviews, Regulation, and Approvals. The applicant shall ensure and be able to demonstrate, to the satisfaction of the City, that all necessary reviews and approvals of other local, county, state, and federal agencies and associated regulations are satisfactorily met, complied with, and completed. This includes completion of the City of Newaygo State & County Environmental Permit Checklist (Checklist) and submittal of Checklist to the Zoning Administrator. Those agencies may include: Michigan Department of Environmental Quality (MDEQ) (for wetlands, lakes, streams, dams, floodplain, groundwater discharges, where applicable), Newaygo County Road Commission and/or Michigan Department of Transportation (road rights-of-way), Newaygo County Drain Commission (drainage districts), Newaygo County Health Department (wells, septic systems, Pollution Incident Prevention Plans), etc.

A.

The site plan, including additional or related information required by the Planning Commission, shall be presented to the Zoning Administrator by the Petitioner or Property Owner or his designated agent in eleven (11) copies. Prior to review by the Planning Commission, all site plans shall be reviewed by the Zoning Administrator and, when needed, by the building inspector, City Planner, City Engineer and Fire Chief, to ensure compliance with the submittal requirements of this Ordinance, consistency with existing zoning, and consistency with the site development requirements of the zoning district in which the subject property is located.

B.

After administrative review of a site plan, and determining the application and the site plan are complete, the Zoning Administrator shall cause the submittal to be placed on the agenda of the next regular Planning Commission meeting upon payment by the applicant of a fee, as determined and established by the City Council.

C.

The Planning Commission shall have the responsibility and authorization to approve, disapprove, or approve subject to conditions, the subject Site Plan in accordance with this Article and the purposes of this Ordinance.

D.

The Planning Commission may require a performance guarantee as provided in Section 24.10 (Administration Chapter) to ensure that development of the site plan and any conditions are provided as approved in accordance with the site plan.

E.

Any conditions or modifications desired by the Planning Commission shall be recorded in the minutes of the appropriate Planning Commission meeting. The Planning Commission may, as it deems necessary to promote the purpose of this Ordinance, require landscaping, walls, fences, drives, and other improvements. When approved, at least three (3) copies of the final approved Site Plan shall be signed and dated by the Secretary of the Planning Commission. One (1) signed copy will be retained by the Zoning Administrator, one (1) copy will be given to the applicant, and the third will be retained for the City records.

F.

When a variance is also involved, these three (3) copies shall also bear a dated signature of the Chairman of the Board of Zoning Appeals. One of these two (2) approved copies shall be kept on file by the Zoning Administrator, and the other approved copy shall be returned to the petitioner or his/her designated representative.

In those instances in which Act 288, Public Acts of 1967, as amended, the Land Division Act of 1967, is involved, the owner shall, after site plan approval, submit the preliminary and final plats to the proper officer in conformance with Act 288, and in accordance with all other applicable codes, acts, and ordinances. Such plats shall remain in conformance with the approved site plan.

The following standards shall be utilized by the Planning Commission in reviewing all site plans. These standards are intended to provide a frame of reference for the applicant in the preparation of the site plans, as well as for the reviewing authority in making a judgment concerning them. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention, or innovation.

A.

Landscape Preservation: The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

B.

Relation of Buildings to Environment: Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity that have visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features, or other buildings.

C.

Drives, Parking, and Circulation: With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and number of access points, general interior circulation, separation of pedestrian and vehicular traffic, and arrangement of parking areas that are safe and convenient and, insofar as practical, to not detract from the design of the proposed buildings and structures and the neighboring properties.

D.

Surface Water Drainage: Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. If practical, storm water shall be removed from all roofs, canopies, and paved areas and carried away in an underground drainage system. Temporary on-site storage to reduce rapid run-off from the site is encouraged. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in the paved areas. Stormwater detention, retention, transport and drainage facilities shall, insomuch as feasible, be designed to use or enhance the natural stormwater system onsite, including the storage and filtering capacity of wetlands, watercourses and water bodies, and/or the infiltration capability of the natural landscape. All drainage plans must conform to any and all applicable local, state and federal regulations and requirements.

E.

Utility Service: Electric and telephone distribution lines shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relationship to neighboring properties and the site.

F.

Advertising Features: The size, location, and lighting of all permanent signs and outdoor advertising structures or features shall be consistent with the requirements of Chapter 5 of this Ordinance.

G.

Special Features: Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas shall be subject to such setbacks, screen plantings, or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

H.

Environmental Protection: The project and related improvements shall be designed to protect land and water resources from pollution, including pollution of soils, groundwater, rivers, streams, lakes, ponds and wetlands. Best Management Practices (BMPs), as deemed acceptable by the City or other reviewing agency(s), shall be implemented to ensure proper compliance with any and all local, state and Federal groundwater protection regulations. Special attention shall be given to stormwater BMPs in the City's Wellhead Protection Area, as identified in the City of Newaygo Wellhead Protection Program.

A.

Major changes (increased density, additional buildings, etc.) to the approved final site plan shall be applied for by the applicant to the Planning Commission. Any major changes approved in the final site plan shall be recorded with the site plan and shall bear the signature of the Planning Commission Secretary and the date of approval.

B.

Minor changes may be approved by the Zoning Administrator upon determining that the proposed revision will not alter the basic design or any specified conditions imposed as part of the original approval. Minor changes shall include the following:

1.

Change in the building size, up to five percent (5%) in total floor area.

2.

Movement of buildings or other structure by no more than ten (10) feet.

3.

Replacement of plant material specified in the landscape plan with comparable materials of equal or greater size.

4.

Changes in building materials to a comparable or higher quality.

5.

Changes in floor plans which do not alter the character of the use.

6.

Changes required or requested by the City, the Newaygo County Road Commission, or other County, State, or Federal regulatory agency in order to conform to other laws or regulations.

C.

A proposed change not determined by the Zoning Administrator to be minor shall be submitted to the Planning Commission as a site plan amendment and shall be reviewed in the same manner as the original application.

D.

The approved changes shall be noted on the site plan and bear the signature of the Zoning Administrator.

E.

No changes are to be considered as a waiver of conditions or covenants, and all rights to enforce such conditions or covenants against any changes permitted by this Ordinance are expressly reserved.

If any person shall be aggrieved by the action of the Planning Commission for Site Plan review, an appeal in writing to the City Council may be taken within thirty (30) days after the date of such action.

A.

Any site plan approval shall be revoked when construction of said development is not in conformance with the approved plans, in which case the Planning Commission shall give the applicant notice of intention to revoke such approved plans at least ten (10) days prior to review of the violation by the Planning Commission. After conclusion of such review, the Planning Commission shall revoke its approval of the development if the Commission determines that violation in fact exists and has not been remedied prior to such review.

B.

The approval of the Planning Commission of any site plan under the provisions of this Ordinance shall expire and be considered automatically revoked one (1) year after such approval unless actual construction has commenced and is proceeding in accordance with the issuance of a valid building permit, except as noted below.

1.

The Planning Commission may grant one (1) one (1) year extension of such time period, provided the applicant requires, in writing, an extension prior to the date of the expiration of the site plan.

2.

The extension shall be approved if the applicant presents reasonable evidence to the effect that said development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.

3.

If neither of the above provisions are fulfilled or the one (1) year extension has expired prior to construction, the site plan approval shall be null and void.

C.

If such construction activity ceases for any reason for a period of more than one (1) year, any subsequent use of said property shall be subject to review and approval of a new site plan for said property in conformance with the regulations specified by this Ordinance, except that the Planning Commission may, at its discretion, upon application by the owner and for cause shown, provide for up to two (2) successive twelve (12) month extensions.