It is the purpose of this article to require site plan review approval for certain buildings, structures, and uses that can be expected to have a significant impact on natural resources, environmental quality, traffic patterns and the character of future development in the vicinity. The requirements contained in this chapter are intended to reduce hazards to life and property due to fire, flooding, soil erosion, inadequate surface water drainage, inadequate sewage disposal systems, pollution, dust, fumes, noise, vibration, noxious odors, and other hazards; and to facilitate the provision of a system of roads, streets, parking, municipal sewage disposal, storm sewers, municipal water supply, and other public needs. These requirements are further intended to promote orderly development and harmonious design in order to conserve the value of existing development and property.

(Ord. No. 04-07, § 1(15.01), 7-12-2004)

(a)

A building permit for any proposed use or building requiring a site plan shall not be issued until a final site plan has been reviewed and approved in accordance with the requirements of this article.

(b)

A final site plan review and approval by the planning commission shall be required under the following conditions unless excepted by subsection (c) of this section:

(1)

All special land uses (village council approval required).

(2)

All permitted uses in the B and CBD districts.

(3)

The following permitted uses in the R-M district:

a.

Private educational institutions.

b.

Golf courses, country clubs, and related uses.

c.

Religious institutions.

d.

Bed and breakfasts.

(4)

The following permitted uses in the R-H district:

a.

Private educational institutions.

b.

Golf courses, country clubs, and related uses.

c.

Religious institutions.

d.

Bed and breakfasts.

e.

Multiple family dwellings.

(5)

The following permitted uses in all districts:

a.

Public school facilities that are not otherwise exempt from local zoning under state law.

(6)

Site condominium developments (section 82-125 requires village council approval).

(7)

The zoning administrator may request the planning commission to review any use that is deemed to have such intensity and potential effect on properties in the general vicinity.

(c)

Final site plans for the following uses shall be reviewed and approval by the zoning administrator.

(1)

Single, two-family, and three-family dwellings (unless submitted as a site condominium under the provisions of subsection (b)(6) above);

(2)

State licensed family day care facilities;

(3)

State licensed residential care family facilities;

(4)

Accessory uses or structures;

(5)

Accessory dwelling units; and

(6)

All other uses not provided for in subsection (b) of this section.

(Ord. No. 04-07, § 1(15.02), 7-12-2004; Ord. No. 12-02, § 2, 2-13-2012; Ord. No. 24-02, § 19, 6-10-2024)

(a)

Application procedures.

(1)

An application for site plan review shall be submitted at least 30 days prior to the next scheduled planning commission meeting through the zoning administrator, who will review the application materials to ensure that the requirements of this section are met, and then transmit it to the planning commission.

(2)

An application for either a preliminary or final site plan review shall consist of the following:

a.

A completed application form, as provided by the village. The application shall be signed by an owner of, or person having an interest in the property to be developed, or an authorized representative.

b.

Twenty copies of the preliminary or final site plan meeting the requirements of subsection (d) of this section.

c.

Payment of a fee, in accordance with a fee schedule, as determined by village council resolution.

d.

A legal description, including the permanent parcel number, of the subject property.

e.

Other materials as may be required in this chapter, the zoning administrator or planning commission.

(3)

An application shall not be accepted until all required materials are provided. Incomplete applications shall be returned to the applicant with an indication of the items necessary to make up a complete application. An application shall be accepted once all requirements and submissions of subsection (a)(2) of this section are met.

(b)

Preliminary site plan review procedures.

(1)

If desired by the applicant, a preliminary site plan may be submitted to the planning commission for review prior to final site plan review. The purpose of the preliminary site plan review is to allow discussion between the applicant and the commission to inform the applicant of the general acceptability of the proposed plans prior to incurring extensive engineering and other costs that may be necessary for the review of the final site plan.

(2)

The commission shall review the preliminary site plan and make recommendations to the applicant that will cause the plan to be in conformance with the requirements and review standards required by this article and this chapter.

(3)

The planning commission may request from the applicant any additional graphics or written materials, prepared by a qualified person, to assist in determining the appropriateness of the site plan. This material may include, but need not be limited to, aerial photography, photographs; traffic impacts; impact on significant natural features and drainage; soil tests; and other pertinent information.

(c)

Final site plan review procedures.

(1)

A final site plan, unless reviewed in conjunction with a special land use or site condominiums request, shall be reviewed by the planning commission, who shall approve, approve with conditions, or deny the site plan. Final site plans for special land use requests and site condominiums shall be reviewed by the village council, after receipt of a recommendation from the planning commission. The commission or council shall state its reasons for the decision in its minutes.

(2)

The planning commission may request from the applicant any additional graphics or written materials, prepared by a qualified person, to assist in determining the appropriateness of the site plan. This material may include, but need not be limited to, aerial photography, photographs; traffic impacts; impact on significant natural features and drainage; soil tests; and other information.

(3)

The planning commission, or village council, as appropriate, shall approve, deny, or approve with conditions the final site plan based on the requirements of this chapter, and specifically, the standards of section 82-424.

(d)

Site plan requirements. The following shall be required for a preliminary or final site plan unless deemed unnecessary by the zoning administrator:

(Ord. No. 04-07, § 1(15.03), 7-12-2004)

(a)

The planning commission and council in making any determination concerning the final site plan shall find that the site plan is in compliance with the requirements of this chapter and other applicable village ordinances and the review standards of this section.

(b)

Site design characteristics.

(1)

All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings.

(2)

The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this chapter.

(3)

Redevelopment of existing sites shall be brought into conformance with all site improvement provisions of this chapter relative to and proportionate to the extent of redevelopment, as determined by the planning commission or council.

(4)

All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles.

(5)

Every structure or dwelling unit shall be provided with adequate means of ingress and egress via public streets and walkways.

(6)

Exterior lighting shall be designed so that it is deflected away from adjacent properties and so that it does not impede the vision of drivers on public streets, adversely impact abutting properties or adversely impact the natural evening sky.

(c)

Environmental standards.

(1)

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading.

(2)

Natural features and the site topography shall be incorporated into the proposed site design to the maximum extent practical.

(3)

Removal or alteration of significant natural features shall be restricted to those areas that are reasonably necessary to develop the site in accordance with the requirements of this chapter.

(4)

Buildings and structures will be placed to preserve environmentally sensitive areas.

(5)

The planning commission or village council may require that landscaping buffers and/or greenbelts be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.

(6)

State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without permits and approvals. Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater or nearby surface water bodies.

(7)

Secondary containment for aboveground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substances.

(8)

General purpose floor drains shall only be allowed if they are approved by the village's department of public works for a connection to a public sewer system, an on-site closed holding tank (not a septic system), or regulated through a State of Michigan groundwater discharge permit.

(d)

Vehicular and pedestrian circulation.

(1)

The expected volume of traffic to be generated by the proposed use shall not adversely impact existing roads and the circulation thereon.

(2)

Driveways shall be located to minimize conflict with traffic operations on the adjoining road. The number of driveways shall be the minimum needed to provide reasonable access to the site.

(3)

The width of streets and drives shall be appropriate for the existing and anticipated volume of traffic.

(4)

The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area.

(5)

Off-street parking and loading areas shall be provided where required with particular attention to noise, glare, and odor effects of each use in the plan on adjoining properties and properties in the proposed development.

(6)

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.

(7)

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.

(e)

Stormwater and erosion controls.

(1)

Stormwater management system and facilities shall preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible, and shall not substantially reduce or increase the natural retention or storage capacity of any wetland, water body, or water course, or cause alterations which could increase flooding or water pollution on or off the site.

(2)

Stormwater management facilities shall be designed, constructed and maintained to prevent flooding and protect water resources and may be incorporated into the open space portions of a development site.

(3)

Areas of natural drainage such as swales, wetlands or ponds shall be protected and preserved insofar as practical in their natural state to provide areas for natural habitat, preserve drainage patterns and maintain the natural characteristics of the land.

(4)

Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties or nearby bodies of water.

(5)

Provisions shall be made to prevent erosion and the formation of dust during and after construction. Efforts should be made to reduce/minimize the amount of impervious surfaces, such as using infiltration basins trenches or dry wells grassed (vegetated) waterways or swales, or rain gardens in yards or parking lots.

(6)

Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic or create standing water.

(7)

Proof of stormwater management and detention system approval is required by the Kent County Drainage Commission.

(f)

Public services. The scale and design of the proposed development shall facilitate the adequate provision of services furnished or required of the village or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, traffic control, and administrative services.

(g)

The general purposes and spirit of this article and the master plan of the village shall be maintained.

(Ord. No. 04-07, § 1(15.04), 7-12-2004)

(a)

Upon approval of the final site plan, the planning commission chair, or the village president (or their designees), as applicable, shall sign three copies thereof. One signed copy shall be made a part of the village's files; one copy of the final site plan shall be forwarded to the building official for issuance of a building permit; and one copy returned to the applicant.

(b)

Each development shall be under construction within one year after the date of approval of the final site plan, except as noted in this section.

(1)

An applicant may request from the planning commission one six-month extension of the final site plan approval. Any request for extension must be applied for in writing prior to the date of expiration of the final site plan. The request may only be granted provided that:

a.

The applicant presents reasonable evidence that the development has encountered unforeseen difficulties beyond the control of the applicant; and

b.

The site plan requirements and standards, including those of this chapter and master plan, that are reasonably related to the development have not changed.

(2)

Should neither of the provisions of subsection (b) be fulfilled, or a six-month extension has expired without construction having been started and proceeding meaningfully, the final site plan approval shall be null and void.

(d)

Amendments to an approved final site plan may occur only under the following circumstances:

(1)

The holder of a valid final site plan approval shall notify the zoning administrator of any proposed change to an approved site plan.

(2)

Minor changes may be approved by the zoning administrator. The zoning administrator shall consider the following to be a minor change:

a.

Reduction of the size of any building and/or sign.

b.

Movement of buildings and/or signs by no more than ten feet provided that that movement complies with this chapter.

c.

Landscaping approved in the site plan that is replaced by similar landscaping to an equal or greater extent.

d.

Changes in floor plans that do not alter the character of the use or increase the amount of required parking.

e.

Internal rearrangement of a parking lot that does not affect the number of parking spaces or alter access locations or design.

f.

Changes required or requested by the village or other agency having proper jurisdiction for safety reasons.

(3)

Should the zoning administrator determine that the requested modification to the approved final site plan is not minor, a new site plan shall be submitted and reviewed as required by this chapter.

(d)

Certification of compliance. At final inspection or at other appropriate times the zoning administrator shall certify whether all conditions and other requirements of the planning commission or village council in its approval of the final site plan have been fulfilled.

(Ord. No. 04-07, § 1(15.05), 7-12-2004)

A person aggrieved by the decision of the planning commission or village council with respect to an action regarding the final site plan may have that decision reviewed by the zoning board of appeals, in accordance with the provisions of section 82-544(b)(2).

(Ord. No. 04-07, § 1(15.06), 7-12-2004)

It is recognized that land uses, buildings, and structures exist which do not conform to the current regulations of this chapter and as such do not achieve the intended purposes of this chapter. When these uses, buildings, and structures are proposed to be expanded, enlarged, or increased in intensity so that a site plan review is required per section 15.02 herein, then the existing conditions on the site shall be brought into compliance with the applicable requirements of this chapter, in particular the standards for site plan approval in section 82-422, to the extent proportional to the expansion if it is determined that any of the following situations exist:

(1)

Existing stormwater drainage provisions on site are inadequate to protect nearby lakes, streams or creeks from runoff contaminants or to prevent drainage onto adjoining properties and do not substantially comply with the Village of Sparta stormwater management regulations.

(2)

Additional on-site parking is needed to satisfy current chapter requirements and/or a hard surface parking area is needed to reduce dust, and to reduce gravel and soil runoff into the public stormwater drainage system.

(3)

Existing driveways result in hazardous vehicle movements and should be closed or relocated.

(4)

Additional plantings are needed in order to comply with the intent of the landscape regulations of this chapter or to replace trees and shrubs previously removed, or screening is needed in the form of fencing or landscaping to provide a buffer between uses, particularly to screen materials stored outside.

(5)

Access to adjoining properties is inadequate and can be improved by way of parking lot connections or installation of service drives to improve traffic circulation and reduce the number of turning movements onto the public street system.

(6)

Safety for pedestrians can be improved and better emergency vehicle access can be provided.

(7)

Better lighting conditions are needed to reduce or eliminate nuisance lighting situations for drivers and nearby properties.

(8)

Screening of dumpsters is needed to improve the appearance of a site and reduce the likelihood of windblown trash.

(9)

Sidewalks are needed to improve pedestrian safety.

(10)

In determining to what extent to apply the applicable chapter requirements and the site plan approval standards to address the above deficiencies found on a site, the planning commission shall be guided by the following criteria:

a.

Whether or not compliance would ensure safer on site conditions, protect the natural environment, improve traffic circulation, achieve compatibility with adjacent land uses, promote the use of the land in a socially and economically desirable manner and generally accomplish the purposes of site plan review as described in this chapter.

b.

The practicality of requiring complete compliance with the applicable regulations of this chapter based on the existing design, layout, and operation of the existing use and size of the site or if only partial compliance would be more practical.

c.

Whether or not requiring compliance would have a negative impact on the character, safety, and welfare of the neighborhood or surrounding area.

(Ord. No. 10-05, § 15.07, 9-13-2010)