Rothbury City Zoning Code

SITE PLAN

REVIEW PROCEDURES

§ 154.285 USES REQUIRING SITE PLAN APPROVAL.

The following buildings, structures, and uses require site plan approval by the Planning Commission:

(A) All special land uses;

(B) All commercial or industrial uses;

(D) Parking facilities containing ten or more parking spaces;

(E) Parks and recreational areas; and

(F) Subdivisions and site condominiums.

(Prior Code, § 154.257) (Ord. 48, passed 6-21-2005)

§ 154.286 PRELIMINARY PLAN REVIEW.

Preliminary plan review is voluntary and not mandatory. Preliminary sketches of proposed site and development plans may be submitted for review prior to final site plan submittal. The purpose of this procedure is to allow discussion between the applicant and the village, and to better inform the applicant of the acceptability of the proposed plan prior to incurring extensive engineering and other costs that might be necessary for final site plan approval. These plans shall include the following:

(A) Legal description of the property;

(B) Small-scale sketch of properties, streets, and use of land within 300 feet of the area;

(1) Streets;

(2) Lots;

(3) Access points;

(4) Other transportation arrangements;

(5) Buffer strips screening;

(6) Natural characteristics, including, but not limited to: open space; stands of trees; brooks; ponds; floodplains; hills; dune classifications; dune crests; and similar natural assets;

(7) Signs, location, and lighting; and

(8) Buildings.

(D) A narrative describing:

(1) The overall objectives of the proposed development;

(2) Number of acres or square feet allocated to each proposed use and gross area in buildings, structures, parking, public, and/or private streets and drives and open spaces;

(3) Dwelling densities by type;

(4) Proposed method of providing sewer and water service, as well as other public and private utilities;

(5) Proposed method of providing storm drainage; and

(6) Proposed method of re-vegetating open or exposed ground areas, both preexisting and newly created, to a stable condition.

(E) In addition to the above, the applicant shall submit the site plan review fee in accordance with the established fee schedule to cover the normally- and specially-incurred expenses of the review.

(Prior Code, § 154.258) (Ord. 48, passed 6-21-2005)

§ 154.287 VILLAGE SITE PLAN REVIEW COMMITTEE.

The Site Plan Review Committee will consist of the Chairperson of the Planning Commission, the Zoning Administrator, and one Village Council representative.

(Prior Code, § 154.259) (Ord. 48, passed 6-21-2005)

§ 154.288 REVIEW OF PRELIMINARY SITE PLAN.

If the applicant chooses to submit a preliminary site plan, the village’s Site Plan Review Committee will review it. Upon review of the site plan, the Committee will submit its recommendations to the Planning Commission. The Site Plan Review Committee may request review comments from other village officials, such as the Fire Chief, Village Attorney, or Village Engineer, and base its recommendations on those review comments, as well as on the purposes, objectives, and requirements in this chapter, and specifically, the following considerations when applicable:

(A) Ingress and egress through the property, and proposed structures thereon, with particular reference to motor vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fires, catastrophe, or emergency;

(B) Off-street parking and loading areas, where required, including handicapped parking and accessibility, with particular attention to noise, glare, and odor effects of each use in the plan on adjoining properties and properties in the proposed development;

(D) Screening and buffering with reference to type, dimensions, and character;

(E) Signs, if any, and their proposed lighting relative to glare, traffic safety, economic effect, and compatibility and harmony with adjoining properties;

(F) Required setbacks;

(G) General compatibility with adjacent properties; and

(H) The general purposes and spirit of this chapter and the village’s master plan.

(Prior Code, § 154.260) (Ord. 48, passed 6-21-2005)

§ 154.289 FINAL SITE PLAN REVIEW.

Final site plan review is mandatory. An application for final site plan review, along with the final site plan, shall be submitted 21 days prior to the next scheduled Planning Commission meeting. The Village Planner will review the application and plans for completeness, and then transmit the application and plans to the Planning Commission. Incomplete applications will not be forwarded for consideration. Final site plans shall contain the following information:

(A) The date, north arrow, and scale; the scale shall be sized to appropriately fit on a 24-inch by 36-inch sized sheet. The dates of all revisions shall be noted on the plan;

(B) The name, firm address, telephone numbers, and e-mail addresses of the individual responsible for the preparation of the site plan;

(C) The name, address, telephone numbers, and e-mail address of the property owner or applicant, and all others associated with the property and project;

(D) A location sketch drawn to scale showing the relationship of the proposed use to the area within 300 feet;

(E) All lot and/or property lines, including required setbacks, are to be shown and dimensioned;

(F) The location and height of all existing and proposed structures on, and within, 100 feet of the subject property’s boundary;

(G) The location and dimensions of all existing and proposed drives, sidewalks, curb openings, signs, exterior lighting, curbing, parking facilities (showing dimensions of a typical parking space), unloading areas, recreation areas, common use areas, and areas to be conveyed for public use and purpose, including handicapped requirements;

(H) The location and pavement width and right-of-way width of all abutting roads, streets, alleys, or easements;

(I) Property lines and respective zoning abutting the subject property;

(J) Proposed zoning changes for the subject property or abutting properties;

(K) The location of all landscaping and the location, height, and types of fences and walls;

(L) The size and location of existing and proposed utilities, including proposed connections to public sewer or water supply systems;

(M) The location and size of all existing and proposed surface water drainage facilities;

(N) Adequate information concerning soils, groundwater, water table, and the impact of the proposed activities on each;

(O) For multiple-family, manufactured housing park developments, and parking facilities with ten or more spaces, contour intervals shall be shown (two-foot intervals for average slopes of 10% and under, five-foot intervals for slopes over 10%). Topography, however, may be required on all site plans at the discretion of the Planning Commission. Summary schedules and views should be affixed, as applicable in residential developments, which give the following data:

(1) The number of dwellings proposed (by type), including typical floor plans for each type of dwelling;

(2) The number and location (by code if necessary) of one-bedroom units, two-bedroom units, and the like;

(3) The residential area of the site in acres and in square feet, including breakdowns of both measures for any sub-areas or staging areas (excluding all existing rights-of-way), and indicating total square footage of rights-of-way for each sub-area or staging area; and

(4) Typical elevation views of the front and side of each type of building.

(P) Additional information, as the Planning Commission may deem necessary, in order to determine the impact of the proposed use on the public health, safety, and general welfare; and

(Q) The applicant shall ensure, and be able to demonstrate to the satisfaction of the Planning Commission, that all necessary reviews and approvals of other local, county, state, and federal agencies and associated regulations are satisfactorily met, complied with, and completed.

(Prior Code, § 154.261) (Ord. 48, passed 6-21-2005)

§ 154.290 REVIEW PROCEDURE.

The site plan shall be submitted in ten copies. Upon approval of a site plan, at least two copies of the site plan, as finally approved, shall be signed and dated by the Chairperson of the Planning Commission. One copy of the signed site plan shall be filed in the village’s records, and the other returned to the applicant. The procedure for final site plan approval is as follows:

(A) The applicant shall submit a letter stating the nature of the request accompanied by a sketch of the proposed use or structure;

(B) The village will provide the applicant with the proper documents and instructions for completing a site plan application;

(C) The Planning Commission encourages preliminary, informal review of proposed site plans with the applicant. The preliminary review shall not, however, affect the applicability of the standards and requirements for formal approval of site plans as required by this subchapter; and

(D) A single diskette copy of the site plan shall be provided to the village in generic digital format, when available.

(Prior Code, § 154.262) (Ord. 48, passed 6-21-2005)

§ 154.291 SITE PLAN REVIEW.

(A) The Planning Commission shall review the site plan based on the purposes, objectives, and requirements of this chapter and on the standards provided by this subchapter. As a part of its review, the Planning Commission may distribute copies of the plan to other governmental departments or officials. Its review and comment would be on matters related to the plan that would fall under its jurisdiction or involve the discharge of its duties.

(B) In reviewing a site plan, the Planning Commission shall determine whether the applicant has established that the site plan is consistent with this chapter and in accordance with the adopted plan of the village, and more specifically, in reviewing the site plan, the Planning Commission shall specifically consider the following standards, as applicable.

(1) Vehicular access and parking. The provisions for vehicular loading and unloading and parking and for vehicular and pedestrian circulation on the site and onto adjacent public streets and ways shall not create hazards to safety and shall not place demands on public services or facilities in excess of capacity. All buildings and structures shall be accessible by emergency vehicles.

(2) External effects (general). Noise, odor, light, dust, dirt, smoke, or other external effects from any aspect of the proposed use shall not adversely affect adjacent and neighboring properties or uses. Special consideration shall be given to traffic flow and the effects of automobile headlights directed toward adjacent properties at night. The site plan is harmonious with, and not injurious or objectionable to, existing and future uses in the immediate area. The site plan shall be adequate to provide for the health, safety, and general welfare of the persons and property on the site and in the neighboring community.

(3) Public services and utilities. The location, availability, and compatibility of necessary improvements, including, but not limited to: sewage collection and treatment; potable water supply; storm drainage; lighting; roads; and parking facilities, shall be considered to determine whether the use will be adequately served. Utility distribution lines, or associated utility installations, shall be located so as to avoid adverse impacts both to neighboring properties and to the site.

(4) Dimensional requirements. The dimensional arrangement of buildings and structures shall conform to the required yard, setback, and height restrictions of this chapter.

(5) Building arrangement. The proposed buildings and structures shall have a harmonious relationship to the site terrain, landscaping, open space and other buildings and structures, existing and proposed. The bulk, location, and height of proposed buildings and structures, as well as the general character of the development, shall minimize any adverse effect on other uses of property in the surrounding area and shall not place demands on public services or facilities in excess of capacity.

(6) Drainage of surface water. Proper site surface drainage shall be provided so that the removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. If practical, stormwater shall be removed from all roof areas, canopies, and paved areas and carried away in an underground drainage system. The peak rate of stormwater runoff from the site shall not increase as a result of the proposed development, and temporary on-site storage to reduce peak runoff 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 so that it will not create ponding.

(7) Exterior lighting. All lighting shall be installed and maintained in such a manner so as to confine the illumination source or divert glare to the property upon which the use is located and to prevent glare or illumination from adversely affecting the safety or welfare of adjacent property or streets.

(8) Signs. The size, location, design, and lighting of signs shall be considered in relation to signs on adjacent sites, glare, traffic safety, and compatibility with adjoining properties, consistent with all applicable sign regulations. Signs shall be located and designed to avoid creating distraction or clutter.

(9) Special features. Storage areas, mechanical areas, service areas, truck loading areas, utility buildings and structures, and similar features shall be located, buffered, and/or screened so as to be unobtrusive; so as not to interfere with access to or circulation within the site; or so as not to detract from the visual impression of the site. Trash containers shall be enclosed on at least three sides by a structure aesthetically compatible with the development and surrounding property. Waste storage areas shall be maintained free from litter and in a sanitary condition.

(10) Landscaping. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Grade changes made shall be in keeping with the general appearance of neighboring developed areas. Plant materials shall be used to enhance the appearance of the site; to screen unsightly or harsh elements; and to provide visual relief from large monotonous features, such as parking facilities.

(11) Compliance with all applicable laws. The Planning Commission shall not approve a site plan that violates, or that is inconsistent with, local, state, or federal laws or regulations.

(Prior Code, § 154.263) (Ord. 48, passed 6-21-2005)

§ 154.292 REGULATIONS.

The following regulations shall apply to all land uses requiring site plan approval.

(A) No grading, removal of trees or other vegetation, land filling, or construction of improvements shall commence for any development that requires a site plan approval until an approved site plan has been signed by the Chairperson of the Planning Commission.

(B) A zoning permit for any use requiring site plan approval shall not be issued until the Chairperson of the Planning Commission has signed an approved site plan;

(C) An occupancy permit for any use requiring a site plan approval will not be issued unless the use as constructed conforms to the approved site plan;

(D) The Chairperson of the Planning Commission shall not sign the approved site plan until the applicant has submitted three copies of all permits that may be required by the county or the state for the construction of the use such as, but not limited to: permits for on-site wastewater disposal; and permits required under Soil Conservation, Erosion, and Sedimentation Control, being M.C.L.A. §§ 324.9101 through 324.9313; and Inland Lakes and Streams, being M.C.L.A. §§ 324.30101 through 324.30113;

(E) The construction of improvements shall not commence for any development that requires a site plan approval until the Chairperson of the Planning Commission has signed an approved site plan; and

(F) The Building Inspector shall not issue a building permit for any use requiring site plan approval until the Chairperson of the Planning Commission has signed an approved site plan.

(Prior Code, § 154.264) (Ord. 48, passed 6-21-2005)

§ 154.293 CONDITIONS OF APPROVAL.

The Planning Commission shall make a decision to approve the request based on the following conditions.

(A) The Planning Commission may impose any other regulations which it deems necessary to protect the safety, health, and general welfare of the village and shall have the authority to make any changes or alterations in submitted plans and modify any requirements and regulations herein prescribed; provided that they are in the best public interest and such that the property may be developed in a reasonable manner, but in so doing, comply with other applicable provisions of this chapter.

(B) The Planning Commission may impose reasonable conditions upon the approval of a site plan. The conditions may include, but are not limited to: conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity; to protect the natural environment and conserve natural resources and energy; to ensure compatibility with adjacent uses of land; and to promote the use of land in a socially- and economically-desirable manner. Conditions imposed shall meet all of the following requirements:

(1) The proposed use or structure appears to be in accordance with the intent of the zoning district in which it is located, and is architecturally compatible with other conforming uses and structures in the zoning district;

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

(3) Be necessary to meet the intent and purpose of this chapter, related to the standards established in this chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards; and

(4) Adequate off-street parking and loading spaces, in accordance with this chapter, shall be provided within 300 feet of the proposed use or structure.

(Prior Code, § 154.265) (Ord. 48, passed 6-21-2005)

§ 154.294 SURETY.

(A) The Planning Commission may require, as a condition of final approval for a site plan, a financial guarantee (surety) acceptable to guarantee the construction of required improvements. Improvement guarantees shall be provided to ensure the proper installation and maintenance of required street, utility, and other improvements. The nature and duration of the guarantees are structured to achieve this goal without adding unnecessary costs to the applicant.

(B) Construction or installation of improvements may not begin until the final site plan is approved. However, no further action may be taken by the property owner until all improvements are completed, inspected, and approved to ensure that streets are properly constructed, drainage facilities properly provided, and all other utilities and improvements properly installed. Only when all improvements are completed, inspected, and approved will zoning permits be issued or property sold. However, where the applicant has satisfied the surety requirements herein to ensure that the required improvements will be completed, the above restrictions may be modified.

(C) In large projects, the security may be released in stages. The applicant may be allowed to assign a portion of the total to each development stage as part of a complete phasing plan of the overall improvement. Surety for each subsequent phase depends on completion of the required improvements for the preceding phase. Where partial approval is granted, the surety may be released, except that portions of improvements not yet approved, and continued adequate financial security, is required before approval of the final phase.

(D) Similarly, the surety may be refunded based on completion of improvements. The governing body may reduce the amount of the performance guarantee when portions of the required improvements have been installed. The Village Engineer will inspect the project to determine the percent completion of improvements. The village will release up to 80% of a pro rata portion of the surety based on the percent complete as verified by the Village Engineer. Of the performance guarantee, 10% will be held as a construction warranty by the village for a period of up to one year after all improvements are completed, or until all vegetation is stabilized and systems functioning.

(E) Besides securing the completion of improvements, the financial security may also be exercised to correct defects in workmanship that appear after the improvements have been inspected, approved, and accepted. This construction warranty will be an amount equal to 15% of the entire surety covering all improvements.

(Prior Code, § 154.266) (Ord. 48, passed 6-21-2005)

§ 154.295 PERFORMANCE GUARANTEES.

(A) The applicant will submit a detailed accounting of all improvements to be completed. This detailed accounting will include the exact amount of work to be done on each specific improvement. The Village Engineer will approve the scope of improvements to be completed and estimate the cost of completing each improvement. The village will determine the amount of the required surety and submit the estimated cost of completing all improvements to the applicant. The performance and maintenance guarantee will be in an amount not less than 100% of the cost of installation of improvements. The performance guarantee will be written so that each individual improvement and all conditions and agreements are covered.

(B) The performance guarantee must be approved by the village as to form, sufficiency, and execution. The performance guarantee will run for a fixed term of not less than one year. However, the village may extend the term of such performance guarantees for an additional one-year period.

(Prior Code, § 154.267) (Ord. 48, passed 6-21-2005)

§ 154.296 SURETY TYPES.

The following types of surety guarantees may be provided:

(A) Letter of credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution;

(B) Performance bond. The applicant may provide a bond as a guarantee;

(C) Escrow cash account. The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the municipality, or in an escrow account held in trust by the village or by a financial institution; and

(D) Escrow non-cash account. The applicant may escrow personal property (stocks, bonds, equipment), land, other property, or mortgage, or give a deed of trust on real property to the village.

(Prior Code, § 154.268) (Ord. 48, passed 6-21-2005)

§ 154.297 PROCEDURES FOR INSPECTING, APPROVING, AND ACCEPTING IMPROVEMENTS.

(A) Upon completion or substantial completion of all required improvements, the applicant must notify the village, in writing, and shall send a copy to the Village Engineer. The Village Engineer will inspect all improvements for which the notice has been given, and will file a detailed, written report concerning such improvements with a statement of reasons for any rejection. Inspection fees will be charged for each site visit to prevent the engineer’s time from being wasted. The cost of any rejected improvements will be set forth.

(B) The engineering report should be the basis for whether the improvement is approved, partially approved, or rejected. The village will notify the applicant, in writing, of the contents of the report and the village’s action after receipt of the applicant’s notice that improvements are complete.

(Prior Code, § 154.269) (Ord. 48, passed 6-21-2005)

§ 154.298 CONSTRUCTION WARRANTY.

(A) After the applicant has completed all of the required improvements and upon acceptance of all streets, facilities, and other improvements, the construction warranty shall go into effect. The property owner must maintain all improvements for a period of two years. A construction warranty will be retained by the village to ensure the quality of the work of the applicant and to provide a warranty against defects in improvements. The construction warranty shall amount to the 15% remaining from the performance guarantee. Failure to repair or maintain improvements due to faulty construction or destruction caused by construction activities shall constitute cause to exercise the construction warranty.

(B) The construction warranty will remain in effect until released by the village. The applicant shall be responsible for notifying the village for the release of the construction warranty before the specified time. The security is to warranty the maintenance, repair, or reconstruction of the improvements for a period of two years, and is not to be confused with a maintenance guarantee.

(Prior Code, § 154.270) (Ord. 48, passed 6-21-2005)

§ 154.299 RELEASE OR EXERCISE OF SURETY.

(A) In case of default of performance, the village, upon ten days’ notice, may undertake the completion of the required improvements, assigning the cost against the amount of the guarantee to be paid by the surety. Notice to the property owner shall be directed to the address given by the owner in the initial application.

(B) Whatever the type of surety used, the guarantee will not be released until the Village Engineer has certified that the required improvements have been completed according to specifications. A default will be declared upon expiration of the time allowed for completion of all improvements. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the village beyond the completion deadline for good cause and upon extension of the financial security. In cases of exercise of the security, the proceeds from the guarantee will reflect:

(1) The cost of inflation of the labor and materials needed to complete the improvements;

(2) The special administrative costs associated with declaring a default, bidding, or programming the project, and completing the project; and

(3) The unforeseen costs of remedying the damage, deterioration, or faulty workmanship associated with the work already undertaken.

(Prior Code, § 154.271) (Ord. 48, passed 6-21-2005)

§ 154.300 VIOLATIONS.

Completion of the required improvements within the time limited by the performance guarantee is a mandatory requirement of this chapter. Violation of mandatory performance requirements shall subject the property owner to the penalties prescribed in this chapter, beyond which the village may impose, on ten days’ prior notice, by regular mail delivered to the address as shown on the initial application, unless such address has been changed by subsequent notice, in writing, to the secretary of the Planning Commission, one or more of the following penalties until the improvements are completed:

(A) Stop construction work on all homes in the subdivision;

(B) Refuse to issue zoning permits in the subdivision;

(D) Refuse to issue any zoning permits within the village to the applicant, the applicant’s principals, or an entity of which the applicant or applicant’s principals are a part; and

(E) Exercise a surety.

(Prior Code, § 154.272) (Ord. 48, passed 6-21-2005) Penalty, see § 154.999

§ 154.301 EXCEPTIONS.

When other governmental agencies or public utilities automatically will own the utilities to be installed, or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, will be required by the village for the utilities or improvements.

(Prior Code, § 154.273) (Ord. 48, passed 6-21-2005)

§ 154.302 CHANGES TO SITE PLAN.

Subsequent actions altering, amending, or changing an approved site plan in any way will require approval in accordance with the procedures described in this subchapter.

(Prior Code, § 154.274) (Ord. 48, passed 6-21-2005)

§ 154.303 ENFORCEMENT.

A site plan approved by the Planning Commission, in connection with a use or activity, shall have the full force and effect of the ordinance. Subsequent actions relating to the use or activity authorized shall be consistent with the site plan as approved.

(Prior Code, § 154.275) (Ord. 48, passed 6-21-2005)