- SITE PLAN REVIEW2
Editor's note— Ord. No. 850, adopted Mar. 7, 2023, amended Art. 8 to read as herein set out. Former Art. 8, §§ 8.01—8.14, pertained to similar subject matter, and derived from: Ord. No. 745, § 1, adopted Oct. 1, 2012; and Ord. No. 828, § 1, adopted June 7, 2021.
This section is intended to require site plan approval for certain buildings, structures, and uses to meet the standards specified herein. It is further the purpose of this section to delegate site plan review authority to the city planning commission. Site plan review is required in order to achieve the general objectives of the land use plan and the objectives and standards of this ordinance, and to secure proper relationship between parking areas, access drives, public streets, landscaping, building site and adjacent properties. Prior to the issuance of building permits or commencement of construction for new structures and for additions that expand floor area, site plan review and approval is required in accordance with the procedures contained in this article.
(Ord. No. 850, 3-7-23)
(1)
Where site plan review is required.
A.
Site plan review is required for all proposed uses and structures and certain existing uses and structures within the city where an alteration, addition, expansion, change or conversion constitutes an increase or reduction to the existing structure or use.
B.
Site plan review shall not be required for proposed single-family dwellings, or residential accessory buildings.
C.
A use of land permitted in any commercial or industrial zoning district, which does not involve a building, such as but not limited to, storage of wrecked vehicles, tent sales, outdoor sales, and outdoor displays.
D.
Parking lot in any district containing five or more parking spaces.
E.
All special land uses which require approval by the city planning commission and/or the city council. Site plan approval of all special land uses in residential districts shall be obtained prior to the approval of such special land uses.
F.
The zoning or code inspector shall not issue a building permit for construction of, or addition to, any of the above-listed buildings or structures until a final site plan thereof has been approved by the city planning commission and is in effect. No use not involving a building or structure, as above-listed, shall be commenced or expanded, nor shall the zoning or code inspector issue an occupancy permit for such use, until a final site plan has been approved by the city planning commission and is in effect.
G.
No grading, removal of trees or other vegetation, earthwork or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this article.
H.
Exceptions to site plan review may be permitted in accordance with subsection 8.02(2), Administrative review.
(2)
Administrative review.
A.
The zoning official shall have the authority to review a site plan without submission to the planning commission subject to all of the criteria, requirements, and standards set forth in this ordinance. Even if the proposed site plan meets the standards for administrative review the zoning official may determine that based on the complexity of the proposed development that it be reviewed and approved by the city planning commission under normal site plan review procedures.
B.
The zoning official may review and consider approval, conditional approval, or denial of site plans without submission to the planning commission in the following cases:
1.
A change in use to a similar or less intense use provided the site will not require any significant changes to the existing site improvements such as parking, landscaping, lighting, signs, or sidewalks.
2.
Expansion or reduction to an existing conforming structure or use of 1,000 square feet or less, or five percent of the floor area of the structure, whichever total floor area is less. For example, a building of less than 20,000 square feet is limited to a five percent expansion of structure or use for administrative review. A building of 20,000 square feet or more is limited to a 1,000 square foot expansion of structure or use for administrative review.
3.
Accessory buildings or structures which are 500 square feet or less.
4.
Provision for additional parking, loading/unloading spaces, and landscape improvements as required by ordinance.
5.
Installation of landscaping such as trees, berms, fences, boulders, decorative lighting, or other materials.
6.
Installation of patios, pools, fountains, kiosks, benches, or similar fixtures.
7.
Building façade improvements that adhere to appearance standards for the zoning district.
8.
Maintenance or improvements to stormwater management systems, after review and approval by the city stormwater operator.
C.
Site plans submitted for administrative review shall, at minimum, include the information set forth in Table 8.02.2.C.1. The zoning official shall have discretion to require any additional information listed in Table 8.05.1.1 that they consider necessary to complete an administrative review.
Table 8.02.2.C.1 Minimum Site Plan Data Requirements for Administrative Review
D.
The zoning official shall consider the criteria set forth in section 8.06 in the review of the site plans submitted under this section.
E.
Administrative review shall be in accordance with section 3.03, Certificate of zoning ordinance compliance, and require all information noted therein.
(Ord. No. 850, 3-7-23)
(1)
Application. An application for preliminary site plan approval shall be filed with the city clerk on a form provided by the city. Complete preliminary site plan applications shall be accompanied by the other data, exhibits, and information required by this ordinance and other applicable city ordinances. Payment of fees shall be required along with the submission of a preliminary plan.
(2)
Required data for a preliminary site plan. An application for approval of a preliminary site plan shall provide the information required for a preliminary site plan as set forth in Table 8.05.1.1.
(3)
Staff/consultant review of preliminary site plan. Upon receipt, the zoning official shall determine if the preliminary site plan includes the required information set forth in this Ordinance. If complete, the zoning official shall forward the preliminary site plan to all applicable city departments, consultants, outside agencies, and other applicable review entities. City departments, consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the zoning official.
(4)
Planning commission action. The zoning official shall transmit complete submittals of the application and preliminary site plan, including any reviews provided by the applicable city departments, consultants, outside agencies, and other applicable review entities to the planning commission prior to its next available regularly scheduled meeting. The planning commission shall study the plan and, within a reasonable time, approve with conditions, postpone, or deny the preliminary site plan. The planning commission shall set forth the reason for its action in the record of the meeting at which action is taken where a plan is approved with conditions, postponed, or denied.
(5)
Effect of approval. Approval of a preliminary site plan by the planning commission shall indicate its acceptance of the proposed layout of buildings, streets or drives, parking areas, and other facilities, and of the general character of the proposed development. The planning commission may, at its discretion, and with appropriate conditions attached, authorize issuance of permits after review and approval by the building and zoning or code inspector for grading and foundation work on the basis of the approved preliminary site plan. Approval of a preliminary site plan shall be valid for a period of 180 days from the approval date and shall expire and be of no effect unless an application for final site plan approval is filed with the city clerk or an extension of preliminary approval is requested and granted within that time period.
(6)
Extension. Notwithstanding the foregoing, upon written request prior to expiration of the approval, an extension of up to one year may be granted for a preliminary site plan review approval if the planning commission finds that the extension is warranted due to circumstances beyond the control of the applicant.
(Ord. No. 850, 3-7-23)
(1)
Application. An application for final site plan approval shall be filed with the city clerk on a form provided by the city. Complete final site plan applications shall be accompanied by the other data, exhibits, and information required by this ordinance. Payment of fees shall be required along with the submission of a final site plan.
(2)
Required data for a final site plan. An application for approval of a final site plan shall provide the information required for a final site plan as set forth in Table 8.05.1.1.
(3)
Staff/consultant review of a final site plan. Upon receipt, the zoning official shall determine if the final site plan includes the required information set forth in this ordinance and other applicable city ordinances. If complete, the zoning official shall forward the final site plan to all applicable city departments, consultants, outside agencies, and other applicable review entities. City departments, consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the zoning official.
(4)
Planning commission action. The zoning official shall transmit complete submittals of the application and final site plan, including any reviews provided by the applicable city departments, consultants, outside agencies, and other applicable review entities to the planning commission prior to its next available regularly scheduled meeting. The planning commission shall study the plan and, within a reasonable time, approve with conditions, postpone, or deny the final site plan. The planning commission shall set forth the reason for its action in the record of the meeting at which action is taken where a plan is approved with conditions, postponed, or denied.
(5)
Effect of approval. Approval of a final site plan authorizes owner or applicant to apply for a building permit or, in the case of uses without buildings, issuance of an occupancy permit. Approval shall be valid for a period of 365 days from the date of approval by the planning commission and shall expire and be of no effect unless a building permit is applied for and granted within that time period. Approval shall also expire and be of no effect 365 days after issuance of a building permit based on the approved final site plan unless construction has commenced and has been diligently pursued within that time period.
(6)
Extension. Notwithstanding the foregoing, upon written request prior to expiration of the approval, an extension of up to one year may be granted for a final site plan review approval if the planning commission finds that the extension is warranted due to circumstances beyond the control of the applicant.
(Ord. No. 850, 3-7-23)
(1)
All plans shall be prepared by a professional engineer registered in the State of Michigan whose seal shall be affixed to the first sheet. All landscape plans shall be prepared by a landscape architect licensed in the State of Michigan whose seal has been affixed to the landscape plan. Preliminary and final site plans shall include the information set forth in Table 8.05.1.1.
Table 8.05.1.1 Data Required for Site Plans
(Ord. No. 850, 3-7-23)
The planning commission shall review the preliminary and final site plan and approve with conditions, or deny the application based on the purposes, objectives and requirements of the city ordinances, and standard specifications, and specifically, the following considerations, when applicable:
(1)
The uses proposed will not harm the public health, safety, or welfare. All elements of the site plan shall be designed to take into account the site's topography, and size and type of plot, the character of adjoining property and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in the city Code.
(2)
Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets; and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points. A traffic impact study shall be performed by the applicant, when required as determined by city staff. In addition, the requirements of article 14, access management, must be provided for lands with frontage along US-12 and along the adjacent streets within 100 feet of the US-12 right-of-way.
(3)
The arrangement of public or common ways for vehicular and pedestrian circulation and their connection to existing or planned streets in the area shall be planned to operate in the safest and most efficient means possible, and in accordance with the city Code, chapter 74, and the most recent revision of the city standard specifications for construction.
(4)
The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the zoning ordinance together with any special provisions established by the city.
(5)
Appropriate measures shall be taken to ensure that the proposed drainage plan will not adversely affect any neighboring properties or nearby bodies of water. Provisions shall be made to accommodate stormwater, prevent soil erosion, and control the formation of dust. A stormwater detention/retention plan shall be designed in accordance with the "Washtenaw County Drain Commissioner—Rules for Subdivision Drainage," together with any special provisions established by the city.
(6)
All buildings or groups of buildings shall be designed in accordance with building codes adopted by the city, and arranged so as to permit necessary emergency vehicle access as required by the public safety director. Security lighting and devices shall be provided in accordance with city Code sections 18-40 and 18-41.
(7)
All loading and unloading areas, and outside storage areas, if allowed, including refuse storage containers, shall be screened in accordance with the city zoning ordinance, section 13.06 and shall be screened from view of the street and adjoining properties.
(8)
Exterior lighting shall be designed and arranged so that it does not glare onto adjacent residential properties or adjacent streets in accordance with section 7.09 of the zoning ordinance.
(9)
Off-street parking and loading areas shall be provided in accordance with zoning ordinance, article 13, with particular attention to noise, glare, and odor effects of each use in the plan on adjoining properties and properties in the proposed development.
(10)
All developments shall adhere to the general purposes and spirit of the city Codes and ordinances.
(11)
Historically significant properties as identified in the land use application packet adopted by the planning commission shall be reviewed by the city historic district commission. The planning commission shall consider the findings and recommendations of the historic district commission during their deliberations.
(Ord. No. 850, 3-7-23)
An applicant may, at his discretion and risk, combine a preliminary and final site plan in application for approval. In such a situation, the portion of the review process concerning preliminary site plan application and review may be waived by the planning commission. The planning commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan where, in its opinion, the complexities and/or scale of the site or the proposed development so warrant. The fees for separate preliminary and final site plan shall then be required.
(Ord. No. 850, 3-7-23)
All improvements shall conform to the approved final site plan. If the applicant decides to make any changes in the development in relation to the approved final site plan, he shall do so at his own risk, without any assurance that the city will approve the change(s). It shall be the responsibility of the applicant to notify the zoning or code inspector and the city planning commission of any such changes. The zoning or code inspector or planning commission may require the applicant to correct the changes so as to conform to the approved final site plan. Any changes which result in a material alteration of the site plan approved by the planning commission shall require resubmittal to the planning commission. A material change shall be any change which is considered to alter the function and use of any of the site elements or have an affect on the standards for review as were intended for the development. If it is determined that a site plan amendment is required all work on site shall stop until the site plan amendment is reviewed and approved by the planning commission.
(Ord. No. 850, 3-7-23)
A site plan may be amended by the planning commission upon application and in accordance with the procedure provided for a preliminary site plan, and for a final site plan. Minor changes in a preliminary site plan may be incorporated in the final site plan(s) without formal amendment to the approved preliminary site plan, at the discretion of the planning commission. The planning commission shall have the authority to determine if a proposed change in a site plan requires an amendment to the approved site plan.
(Ord. No. 850, 3-7-23)
Fees for the review of site plans and inspections, as required in this section, shall be established, and may be amended by resolution of the city council.
(Ord. No. 850, 3-7-23)
The applicant may, at his discretion, divide the proposed development into two or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan for each phase shall be submitted for approval. All phases as shown on the approved preliminary site plan shall be valid for a period of 365 days unless the applicant has worked toward completion of the entire project.
(Ord. No. 850, 3-7-23)
The applicant shall deposit a cash bond, irrevocable letter of credit, or other surety as approved by the city, with the city treasurer after a building permit has been issued but prior to issuance of an occupancy permit for any site improvements contained in the approved final site plan, such as, but not limited to, streets or drives, parking lots, grading, landscaping, or screens, but which are not installed or provided at the time an occupancy permit is requested. The amount of such security shall be determined by the zoning or code inspector based upon his estimate of the cost of the work to be completed plus a contingency fee to cover administrative and unexpected expenses. Such security may be released in proportion to work completed and approved upon inspection as complying with the approved final site plan. In the event that the applicant shall fail to provide improvements according to the approved final site plan, the city council shall have the authority to have such work completed, and shall reimburse itself for the costs of such work by appropriating funds from the bond. Any unused portion of the bond remaining after final inspection of the site and its approval by the zoning or code inspector in relation to the approved final site plan shall be refunded to the applicant by the city treasurer. In addition to the above security or in place therefore, the zoning or code inspector may refuse to issue an occupancy permit in order to achieve compliance with the approved final site plan. In such case, the occupancy permit shall be issued upon compliance with the approved final site plan or when adequate security is provided to guarantee compliance following occupancy.
(Ord. No. 850, 3-7-23)
The city zoning or code inspector or other designated inspector shall be responsible for inspecting all improvements for conformance to the approved final site plan. All subgrade improvements, such as utilities, subbase and base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspections. The zoning or code inspector shall notify the city council and city planning commission, in writing, of any development for which a final site plan was approved which compliance cannot be obtained by administrative action by the zoning or code inspector, and shall advise the city council and planning commission of steps taken to achieve compliance pursuant to section 8.13 below. In such case, the zoning or code inspector shall periodically notify the city council and planning commission of progress towards compliance with the approved final site plan, and when compliance is achieved.
(Ord. No. 850, 3-7-23)
The approved final site plan shall regulate development of the premises. Any violation of this section, including any improvement not in conformance with an approved final site plan, shall be deemed a violation of this ordinance as provided in article 3 herein, and shall be subject to the penalties therein.
(Ord. No. 850, 3-7-23)
- SITE PLAN REVIEW2
Editor's note— Ord. No. 850, adopted Mar. 7, 2023, amended Art. 8 to read as herein set out. Former Art. 8, §§ 8.01—8.14, pertained to similar subject matter, and derived from: Ord. No. 745, § 1, adopted Oct. 1, 2012; and Ord. No. 828, § 1, adopted June 7, 2021.
This section is intended to require site plan approval for certain buildings, structures, and uses to meet the standards specified herein. It is further the purpose of this section to delegate site plan review authority to the city planning commission. Site plan review is required in order to achieve the general objectives of the land use plan and the objectives and standards of this ordinance, and to secure proper relationship between parking areas, access drives, public streets, landscaping, building site and adjacent properties. Prior to the issuance of building permits or commencement of construction for new structures and for additions that expand floor area, site plan review and approval is required in accordance with the procedures contained in this article.
(Ord. No. 850, 3-7-23)
(1)
Where site plan review is required.
A.
Site plan review is required for all proposed uses and structures and certain existing uses and structures within the city where an alteration, addition, expansion, change or conversion constitutes an increase or reduction to the existing structure or use.
B.
Site plan review shall not be required for proposed single-family dwellings, or residential accessory buildings.
C.
A use of land permitted in any commercial or industrial zoning district, which does not involve a building, such as but not limited to, storage of wrecked vehicles, tent sales, outdoor sales, and outdoor displays.
D.
Parking lot in any district containing five or more parking spaces.
E.
All special land uses which require approval by the city planning commission and/or the city council. Site plan approval of all special land uses in residential districts shall be obtained prior to the approval of such special land uses.
F.
The zoning or code inspector shall not issue a building permit for construction of, or addition to, any of the above-listed buildings or structures until a final site plan thereof has been approved by the city planning commission and is in effect. No use not involving a building or structure, as above-listed, shall be commenced or expanded, nor shall the zoning or code inspector issue an occupancy permit for such use, until a final site plan has been approved by the city planning commission and is in effect.
G.
No grading, removal of trees or other vegetation, earthwork or construction of improvements shall commence for any development which requires site plan approval until a final site plan is approved and is in effect, except as otherwise provided in this article.
H.
Exceptions to site plan review may be permitted in accordance with subsection 8.02(2), Administrative review.
(2)
Administrative review.
A.
The zoning official shall have the authority to review a site plan without submission to the planning commission subject to all of the criteria, requirements, and standards set forth in this ordinance. Even if the proposed site plan meets the standards for administrative review the zoning official may determine that based on the complexity of the proposed development that it be reviewed and approved by the city planning commission under normal site plan review procedures.
B.
The zoning official may review and consider approval, conditional approval, or denial of site plans without submission to the planning commission in the following cases:
1.
A change in use to a similar or less intense use provided the site will not require any significant changes to the existing site improvements such as parking, landscaping, lighting, signs, or sidewalks.
2.
Expansion or reduction to an existing conforming structure or use of 1,000 square feet or less, or five percent of the floor area of the structure, whichever total floor area is less. For example, a building of less than 20,000 square feet is limited to a five percent expansion of structure or use for administrative review. A building of 20,000 square feet or more is limited to a 1,000 square foot expansion of structure or use for administrative review.
3.
Accessory buildings or structures which are 500 square feet or less.
4.
Provision for additional parking, loading/unloading spaces, and landscape improvements as required by ordinance.
5.
Installation of landscaping such as trees, berms, fences, boulders, decorative lighting, or other materials.
6.
Installation of patios, pools, fountains, kiosks, benches, or similar fixtures.
7.
Building façade improvements that adhere to appearance standards for the zoning district.
8.
Maintenance or improvements to stormwater management systems, after review and approval by the city stormwater operator.
C.
Site plans submitted for administrative review shall, at minimum, include the information set forth in Table 8.02.2.C.1. The zoning official shall have discretion to require any additional information listed in Table 8.05.1.1 that they consider necessary to complete an administrative review.
Table 8.02.2.C.1 Minimum Site Plan Data Requirements for Administrative Review
D.
The zoning official shall consider the criteria set forth in section 8.06 in the review of the site plans submitted under this section.
E.
Administrative review shall be in accordance with section 3.03, Certificate of zoning ordinance compliance, and require all information noted therein.
(Ord. No. 850, 3-7-23)
(1)
Application. An application for preliminary site plan approval shall be filed with the city clerk on a form provided by the city. Complete preliminary site plan applications shall be accompanied by the other data, exhibits, and information required by this ordinance and other applicable city ordinances. Payment of fees shall be required along with the submission of a preliminary plan.
(2)
Required data for a preliminary site plan. An application for approval of a preliminary site plan shall provide the information required for a preliminary site plan as set forth in Table 8.05.1.1.
(3)
Staff/consultant review of preliminary site plan. Upon receipt, the zoning official shall determine if the preliminary site plan includes the required information set forth in this Ordinance. If complete, the zoning official shall forward the preliminary site plan to all applicable city departments, consultants, outside agencies, and other applicable review entities. City departments, consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the zoning official.
(4)
Planning commission action. The zoning official shall transmit complete submittals of the application and preliminary site plan, including any reviews provided by the applicable city departments, consultants, outside agencies, and other applicable review entities to the planning commission prior to its next available regularly scheduled meeting. The planning commission shall study the plan and, within a reasonable time, approve with conditions, postpone, or deny the preliminary site plan. The planning commission shall set forth the reason for its action in the record of the meeting at which action is taken where a plan is approved with conditions, postponed, or denied.
(5)
Effect of approval. Approval of a preliminary site plan by the planning commission shall indicate its acceptance of the proposed layout of buildings, streets or drives, parking areas, and other facilities, and of the general character of the proposed development. The planning commission may, at its discretion, and with appropriate conditions attached, authorize issuance of permits after review and approval by the building and zoning or code inspector for grading and foundation work on the basis of the approved preliminary site plan. Approval of a preliminary site plan shall be valid for a period of 180 days from the approval date and shall expire and be of no effect unless an application for final site plan approval is filed with the city clerk or an extension of preliminary approval is requested and granted within that time period.
(6)
Extension. Notwithstanding the foregoing, upon written request prior to expiration of the approval, an extension of up to one year may be granted for a preliminary site plan review approval if the planning commission finds that the extension is warranted due to circumstances beyond the control of the applicant.
(Ord. No. 850, 3-7-23)
(1)
Application. An application for final site plan approval shall be filed with the city clerk on a form provided by the city. Complete final site plan applications shall be accompanied by the other data, exhibits, and information required by this ordinance. Payment of fees shall be required along with the submission of a final site plan.
(2)
Required data for a final site plan. An application for approval of a final site plan shall provide the information required for a final site plan as set forth in Table 8.05.1.1.
(3)
Staff/consultant review of a final site plan. Upon receipt, the zoning official shall determine if the final site plan includes the required information set forth in this ordinance and other applicable city ordinances. If complete, the zoning official shall forward the final site plan to all applicable city departments, consultants, outside agencies, and other applicable review entities. City departments, consultants, outside agencies, and other applicable review entities shall review the plans and other information submitted for compliance with applicable ordinances, policies, laws, and standards and shall furnish written comments, opinions, and recommendations to the zoning official.
(4)
Planning commission action. The zoning official shall transmit complete submittals of the application and final site plan, including any reviews provided by the applicable city departments, consultants, outside agencies, and other applicable review entities to the planning commission prior to its next available regularly scheduled meeting. The planning commission shall study the plan and, within a reasonable time, approve with conditions, postpone, or deny the final site plan. The planning commission shall set forth the reason for its action in the record of the meeting at which action is taken where a plan is approved with conditions, postponed, or denied.
(5)
Effect of approval. Approval of a final site plan authorizes owner or applicant to apply for a building permit or, in the case of uses without buildings, issuance of an occupancy permit. Approval shall be valid for a period of 365 days from the date of approval by the planning commission and shall expire and be of no effect unless a building permit is applied for and granted within that time period. Approval shall also expire and be of no effect 365 days after issuance of a building permit based on the approved final site plan unless construction has commenced and has been diligently pursued within that time period.
(6)
Extension. Notwithstanding the foregoing, upon written request prior to expiration of the approval, an extension of up to one year may be granted for a final site plan review approval if the planning commission finds that the extension is warranted due to circumstances beyond the control of the applicant.
(Ord. No. 850, 3-7-23)
(1)
All plans shall be prepared by a professional engineer registered in the State of Michigan whose seal shall be affixed to the first sheet. All landscape plans shall be prepared by a landscape architect licensed in the State of Michigan whose seal has been affixed to the landscape plan. Preliminary and final site plans shall include the information set forth in Table 8.05.1.1.
Table 8.05.1.1 Data Required for Site Plans
(Ord. No. 850, 3-7-23)
The planning commission shall review the preliminary and final site plan and approve with conditions, or deny the application based on the purposes, objectives and requirements of the city ordinances, and standard specifications, and specifically, the following considerations, when applicable:
(1)
The uses proposed will not harm the public health, safety, or welfare. All elements of the site plan shall be designed to take into account the site's topography, and size and type of plot, the character of adjoining property and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in the city Code.
(2)
Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation within and to the site shall be provided. Drives, streets; and other elements shall be designed to promote safe and efficient traffic operations within the site and at its access points. A traffic impact study shall be performed by the applicant, when required as determined by city staff. In addition, the requirements of article 14, access management, must be provided for lands with frontage along US-12 and along the adjacent streets within 100 feet of the US-12 right-of-way.
(3)
The arrangement of public or common ways for vehicular and pedestrian circulation and their connection to existing or planned streets in the area shall be planned to operate in the safest and most efficient means possible, and in accordance with the city Code, chapter 74, and the most recent revision of the city standard specifications for construction.
(4)
The landscape shall be preserved in its natural state, insofar as practical, by removing only those areas of vegetation or making those alterations to the topography which are reasonably necessary to develop the site in accordance with the zoning ordinance together with any special provisions established by the city.
(5)
Appropriate measures shall be taken to ensure that the proposed drainage plan will not adversely affect any neighboring properties or nearby bodies of water. Provisions shall be made to accommodate stormwater, prevent soil erosion, and control the formation of dust. A stormwater detention/retention plan shall be designed in accordance with the "Washtenaw County Drain Commissioner—Rules for Subdivision Drainage," together with any special provisions established by the city.
(6)
All buildings or groups of buildings shall be designed in accordance with building codes adopted by the city, and arranged so as to permit necessary emergency vehicle access as required by the public safety director. Security lighting and devices shall be provided in accordance with city Code sections 18-40 and 18-41.
(7)
All loading and unloading areas, and outside storage areas, if allowed, including refuse storage containers, shall be screened in accordance with the city zoning ordinance, section 13.06 and shall be screened from view of the street and adjoining properties.
(8)
Exterior lighting shall be designed and arranged so that it does not glare onto adjacent residential properties or adjacent streets in accordance with section 7.09 of the zoning ordinance.
(9)
Off-street parking and loading areas shall be provided in accordance with zoning ordinance, article 13, with particular attention to noise, glare, and odor effects of each use in the plan on adjoining properties and properties in the proposed development.
(10)
All developments shall adhere to the general purposes and spirit of the city Codes and ordinances.
(11)
Historically significant properties as identified in the land use application packet adopted by the planning commission shall be reviewed by the city historic district commission. The planning commission shall consider the findings and recommendations of the historic district commission during their deliberations.
(Ord. No. 850, 3-7-23)
An applicant may, at his discretion and risk, combine a preliminary and final site plan in application for approval. In such a situation, the portion of the review process concerning preliminary site plan application and review may be waived by the planning commission. The planning commission shall have the authority to require submittal of a preliminary site plan separate from a final site plan where, in its opinion, the complexities and/or scale of the site or the proposed development so warrant. The fees for separate preliminary and final site plan shall then be required.
(Ord. No. 850, 3-7-23)
All improvements shall conform to the approved final site plan. If the applicant decides to make any changes in the development in relation to the approved final site plan, he shall do so at his own risk, without any assurance that the city will approve the change(s). It shall be the responsibility of the applicant to notify the zoning or code inspector and the city planning commission of any such changes. The zoning or code inspector or planning commission may require the applicant to correct the changes so as to conform to the approved final site plan. Any changes which result in a material alteration of the site plan approved by the planning commission shall require resubmittal to the planning commission. A material change shall be any change which is considered to alter the function and use of any of the site elements or have an affect on the standards for review as were intended for the development. If it is determined that a site plan amendment is required all work on site shall stop until the site plan amendment is reviewed and approved by the planning commission.
(Ord. No. 850, 3-7-23)
A site plan may be amended by the planning commission upon application and in accordance with the procedure provided for a preliminary site plan, and for a final site plan. Minor changes in a preliminary site plan may be incorporated in the final site plan(s) without formal amendment to the approved preliminary site plan, at the discretion of the planning commission. The planning commission shall have the authority to determine if a proposed change in a site plan requires an amendment to the approved site plan.
(Ord. No. 850, 3-7-23)
Fees for the review of site plans and inspections, as required in this section, shall be established, and may be amended by resolution of the city council.
(Ord. No. 850, 3-7-23)
The applicant may, at his discretion, divide the proposed development into two or more phases. In such case, the preliminary site plan shall cover the entire property involved and shall clearly indicate the location, size, and character of each phase. A final site plan for each phase shall be submitted for approval. All phases as shown on the approved preliminary site plan shall be valid for a period of 365 days unless the applicant has worked toward completion of the entire project.
(Ord. No. 850, 3-7-23)
The applicant shall deposit a cash bond, irrevocable letter of credit, or other surety as approved by the city, with the city treasurer after a building permit has been issued but prior to issuance of an occupancy permit for any site improvements contained in the approved final site plan, such as, but not limited to, streets or drives, parking lots, grading, landscaping, or screens, but which are not installed or provided at the time an occupancy permit is requested. The amount of such security shall be determined by the zoning or code inspector based upon his estimate of the cost of the work to be completed plus a contingency fee to cover administrative and unexpected expenses. Such security may be released in proportion to work completed and approved upon inspection as complying with the approved final site plan. In the event that the applicant shall fail to provide improvements according to the approved final site plan, the city council shall have the authority to have such work completed, and shall reimburse itself for the costs of such work by appropriating funds from the bond. Any unused portion of the bond remaining after final inspection of the site and its approval by the zoning or code inspector in relation to the approved final site plan shall be refunded to the applicant by the city treasurer. In addition to the above security or in place therefore, the zoning or code inspector may refuse to issue an occupancy permit in order to achieve compliance with the approved final site plan. In such case, the occupancy permit shall be issued upon compliance with the approved final site plan or when adequate security is provided to guarantee compliance following occupancy.
(Ord. No. 850, 3-7-23)
The city zoning or code inspector or other designated inspector shall be responsible for inspecting all improvements for conformance to the approved final site plan. All subgrade improvements, such as utilities, subbase and base installations for drives and parking lots, and similar improvements shall be inspected and approved prior to covering. The applicant shall be responsible for requesting the necessary inspections. The zoning or code inspector shall notify the city council and city planning commission, in writing, of any development for which a final site plan was approved which compliance cannot be obtained by administrative action by the zoning or code inspector, and shall advise the city council and planning commission of steps taken to achieve compliance pursuant to section 8.13 below. In such case, the zoning or code inspector shall periodically notify the city council and planning commission of progress towards compliance with the approved final site plan, and when compliance is achieved.
(Ord. No. 850, 3-7-23)
The approved final site plan shall regulate development of the premises. Any violation of this section, including any improvement not in conformance with an approved final site plan, shall be deemed a violation of this ordinance as provided in article 3 herein, and shall be subject to the penalties therein.
(Ord. No. 850, 3-7-23)