(a)

Zoning permit required. It shall be unlawful to engage in any use as provided by this article within the city without first obtaining a zoning permit therefor, except for uses specifically described as exempt in section 94-18.01(c). Upon application, the planning director shall issue a zoning permit for any of the uses set forth in article V.

(b)

Applications.

(1)

All applicants must submit an application for a zoning permit that includes the following information:

a.

The location where the permitted use is proposed.

b.

The name of the proposed use/event.

c.

The approximate number of people proposed to participate in/attend the event or use.

d.

The proposed duration of the use.

e.

The name and contact information of the property owner and written authorization for use if applicant is not the property owner.

f.

The name and contact information for the applicant if different from the owner.

g.

The type of use proposed and a brief description of the event or use.

h.

A site plan showing the location of the proposed event or use, as well as such other information in sufficient detail as the planning director determines is reasonably necessary to adequately review the application and to ensure that the use will be conducted in a manner consistent with the requirements of this article; and

(2)

If the permitted use or event is proposed to take place on public property, a comprehensive liability insurance in the amounts of at least $500,000.00 per occurrence for bodily injury and property damage, and $1,000,000.00 in the aggregate, with a company authorized to do business in the state. The City of Walker shall be named as additional insured (as provided by section 64-522(14)). Submission deadline. All applications for a zoning permit shall be made at least 21 days prior to the proposed commencement date for the use, provided that the planning director may approve a lesser time period consistent with the requirements of this article.

(3)

Standards of review. A zoning permit as provided by this article shall not be granted unless the planning director determines that the proposed use meets all the following requirements:

a.

Nuisance, hazardous features. The use will not result in any hazard or nuisance to the contiguous or adjacent users or uses of property or otherwise be contrary to the public health, safety or welfare of the community.

b.

Traffic and circulation. The use will not create hazardous vehicular or pedestrian traffic conditions on or adjacent to the site of the use or result in traffic in excess of the capacity of streets serving the use. A zoning permit shall not be issued if the planning director determines that the proposed use will:

1.

Unreasonably interfere with the use of the street or sidewalk for pedestrian or vehicular travel;

2.

Unreasonably interfere with the view of, access to, or use of property adjacent to the street;

3.

Interfere with street cleaning or snow removal activities;

4.

Cause damage to the sidewalk or street, or to trees, benches, landscaping, or other objects lawfully located therein;

5.

Cause violation of any state or local laws; or

6.

Reduce the effectiveness of or access to any utility pole, street lighting, sign, or other traffic control device.

c.

Public facilities and services. Adequate utility, drainage, refuse management, sanitary facilities, emergency services and access, and similar necessary facilities and services shall be available for such use.

d.

Natural environment. The use will not have a substantially adverse impact on the natural environment.

e.

Site suitability. The site is suitable for the proposed use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health or property.

f.

Building, electrical, and other codes. The proposed use and all associated improvements, including, but not limited to, tents, stands, temporary electrical systems, temporary heating systems, and temporary lighting systems will comply with all applicable provisions of the building code, the National Electrical Code, and such other codes as are from time to time adopted or amended pursuant to chapter 14 of this Code.

(4)

Signs. Temporary signs proposed in connection with a use requiring a zoning permit may be allowed in such shape, size, construction, location and duration as approved by the planning director in compliance with the provisions of article XIV of this chapter applicable to the zoning district in which the use will be located, provided that where the planning director determines that a temporary sign proposed in connection with a use requiring a zoning permit will result in a hazard or nuisance or will otherwise be contrary to the public health, safety or welfare of the community, the planning director may impose more restrictive requirements than required by article XIV of this chapter.

(5)

Conditions to approval. Reasonable conditions may be imposed by the planning director related to such matters including, but not limited to, location, size, height, construction, screening, parking, traffic and pedestrian access, hours of operation, noise, odor, sanitation, disposal of trash or refuse, lighting and electrical systems, or any other physical or operational aspects of a proposed use which might adversely affect health, safety or welfare. Any condition imposed must be clearly specified in writing by the planning director on the zoning permit. Conditions imposed shall ensure the following:

a.

That public services and facilities affected by a proposed use will be capable of accommodating increased service and facility loads caused by the use;

b.

That the natural environment and natural resources and energy will be conserved and protected;

c.

Compatibility with adjacent uses of land; and

d.

The protection of the health, safety and welfare and the social and economic well-being of those who will participate in the use requiring a zoning permit, residents and landowners immediately adjacent to the proposed use, and the community as a whole.

(6)

Issuance or denial.

a.

Prior to the planning director's determination to issue or deny a zoning permit, the application shall be reviewed by other city staff members including, without limitation, the planning director, city engineer, DPW director, fire chief, and police chief. The planning director shall consider the recommendation of such city staff in deciding to issue or deny the zoning permit under this section and in imposing conditions pursuant to subsection 94-18.01(b)(6).

b.

If the planning director determines that the application complies with the requirements set forth in this chapter, other applicable ordinances, state and federal statutes, the planning director shall issue a zoning permit within 14 days of submission of the application. The following information shall be clearly indicated by the planning director on any permit issued:

1.

The authorized commencement and termination dates of the zoning permit;

2.

Specification of any conditions to approval imposed pursuant to this article;

3.

The name, address and telephone number of the person(s) or organization(s) to whom the permit is issued (referred to in this article as the "owner or operator");

4.

The type of use for which the zoning permit has been issued, including a general listing of the types of activities the use will involve; and

5.

The location of the site for which the permit has been issued, and a general indication of the location of activities on the site.

c.

If the planning director determines that the application does not sufficiently comply with the requirements set forth in this chapter, the planning director shall deny the permit and shall provide the applicant with a written statement of the reasons for the denial within 14 days of submission of the application.

(7)

Validity.

a.

A zoning permit is valid only at the location described in the permit.

b.

A zoning permit is valid only for the uses or activities described in the permit, subject to any conditions imposed.

c.

A zoning permit is valid only for the dates and duration specified in the permit.

d.

A zoning permit is valid only if conspicuously and continuously displayed at the site of the use for the duration of the permit.

(8)

Termination. All zoning permits are valid for the entire period as stated in the permit, unless revoked or suspended prior to termination. At the end of the time period stated in the permit, the use shall be discontinued, and all temporary structures shall be removed. Failure to comply with this requirement shall be a violation of this chapter.

(9)

Revocation or suspension. The planning director may revoke or suspend a zoning permit at any time on the failure of the owner or operator of the use covered by the permit to comply with any or all requirements of this article or conditions imposed upon issuance of the zoning permit or with any other applicable provisions of state or local law. The planning director shall notify the owner or operator of the use for which the permit has been granted, stating reasons for its revocation. Upon receipt of such notice, the owner or operator of such activity shall cease operation of the activity immediately. The provisions of this subsection shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations of the provisions of this chapter.

(10)

Appeal of planning director's determination. An appeal by any person aggrieved by an action of the planning director in granting, denying, revoking or suspending a zoning permit may be made to the zoning board of appeals in accordance with this chapter. Any request for an appeal must be made within five business days of the decision being appealed.

(11)

Fees. The fee for a zoning permit required by this article shall be established by resolution of the city commission. No permit shall be issued unless such fee has been paid to the city.

(12)

Maintenance and cleanup of premises for temporary uses.

a.

The area occupied by the use requiring a zoning permit must be kept in a neat and well-kept manner at all times.

b.

A cash deposit of $200.00 shall be required at the discretion of the planning director to ensure the cleaning and removal of all temporary improvements, signs, trash, and debris, within 24 hours after the closing of certain uses requiring a zoning permit. Failure to clean and remove all temporary improvements, signs, and debris will result in a forfeiture of the $200.00 deposit. Acceptance of the zoning permit constitutes the grant of permission by the owner or operator of the use for the city to enter the premises to clean. The city may bill the owner or operator for additional expenses incurred to clean the premises.

(13)

Use of public property; approval required; liability insurance required.

a.

No portion of a use requiring a zoning permit under this article may take place on the public right-of-way or other publicly owned property unless the applicant has first obtained written permission or applicable permits from the agency having jurisdiction over the property.

b.

Prior to the issuance of a zoning permit for a use that will take place, wholly or in part, on publicly owned property, the applicant shall obtain comprehensive general liability insurance in amounts of at least $500,000.00 per occurrence for bodily injury and property damage, and $1,000,000.00 in the aggregate, with a company authorized to do business in the state. The insurance shall insure the applicant against liability for death or bodily injury to persons or damage to property which may result from the temporary use or conduct incident thereto and shall name the city as an additional insured party. The insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Proof of such insurance shall be furnished to the city prior to the issuance of the permit.

(c)

Uses permitted without obtaining a zoning permit from the planning director. Subject to the requirements of this section, the following uses are permitted without a zoning permit being issued:

(1)

Temporary portable construction buildings and temporary portable leasing office buildings, subject to the following restrictions:

a.

No occupancy certificate can be granted for the subject site until the portable building is removed.

b.

The portable building must be accessible via a dustless and durable paved surface.

c.

The portable building must be able to accommodate off-street parking in the ratio of one nine-foot by 17.5-foot area with an adjacent 26-foot wide aisle per 300 square feet of gross floor area; and

d.

Approved portable or permanent sanitary facilities must be available to the portable building.

(2)

Migrant workers' facilities for seasonal occupancy in the AA agricultural zoning district, subject to the regulations in article V.

(3)

Temporary roadside farm stands selling agricultural products in the AA agricultural zoning district, subject to the regulations listed in section [94-6.14(a)(1)].

(4)

Short-term outdoor camping events, subject to the following restrictions:

a.

These events are limited to residential zone districts and the P-SP public/semipublic zone district;

b.

The event must be on an occupied parcel with a minimum land area of one acre;

c.

Approved drinking water and sewage facilities must be available on the same parcel as the proposed temporary campsite; and

d.

Compliance with all city code provisions and applicable state and county requirements.

(5)

Unlisted accessory uses subject to the discretion of the planning director, reserving the right to defer to the zoning board of appeals as to classification of use and nature of the approval required, based on proposed duration of event, relationship to surrounding properties and transportation network, and similar matters.

(d)

All land uses not listed in subsection (c) shall require a zoning permit prior to construction, including single-family homes and duplexes. Further approvals may also be required, as described later in this section.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

A building permit shall be required, as described in the most recently adopted building code for the State of Michigan, after the issuance of a zoning permit, and before construction. For developments requiring new infrastructure (such as roads, utilities, sidewalks, etc.), no building permit for construction of any new building shall be issued until all infrastructure, for the entire approved development, is constructed and finalized, except by written special approval of the city manager, who may require conditions, performance bonds, or other guarantees of completion. This shall include all private utilities in public rights-of-way, including, but not limited to, communications, electricity, and heating fuel.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

Before any permit shall be issued under this chapter, an inspection fee in an amount determined according to the provisions of the building code shall be paid. See chapter 18 of the City of Walker Code of Ordinances.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

It shall be unlawful to use or permit the use of any structure or premises to be altered, moved, extended or erected until the planning director has (1) inspected the premises, (2) issued a certificate of occupancy stating that the structure complies with this chapter and, (3) filed a copy of the occupancy permit with the city clerk.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Authority. The subdivision regulations of this chapter are adopted pursuant to the provisions of the Land Division Act, being Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), and the Michigan Planning Enabling Act, being Act No. 33 of the Public Acts of Michigan of 2008 (MCL 125.3801 et seq.), as amended.

(b)

Purpose. The purpose of this chapter is to provide the requirements of the city with respect to the subdivision or platting of land within the city and to further promote and protect the public health, safety and general welfare of the people of the city by providing for the orderly development of land within the city.

(c)

Definitions. The following words, terms, and phrases, when used in this subsection, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alley means a public or private right-of-way providing secondary access to a lot, block, or parcel of land.

Block means a tract of land bounded by actual or platted streets, waterways or other definite boundaries, or a combination thereof.

City engineer means the city engineer for the City of Walker designated by the city commission.

Cul-de-sac (dead-end street) means a street having one terminus open for vehicular or pedestrian access and the other terminated by a vehicular turnaround.

Easement means a grant by the property owner for the use of a strip or parcel of land by the public or by public utilities or for private use.

Floodplain means that area of land adjoining the channel of a river, stream, watercourse, lake or other similar body of water which will be inundated by a flood which can reasonably be expected for that region.

Improvements means any or all of the following: street pavements, curb and gutter, sidewalks, water mains, hydrants, sanitary sewers, and their laterals and services, storm drains and drainage facilities, bridges, culverts, topsoil between curb and sidewalks, street trees, grading, street signs and crosswalks; and may also include walkways, streetlights or any other items normally considered public improvements.

Land Division Act means Act No. 288 of the Public Acts of Michigan of 1967 (MCL 560.101 et seq.), as amended.

Local street means a private road or, a right-of-way which is not a freeway, arterial road, or collector road, but which is owned and operated by a unit of government.

Lot means a measured portion of a subdivision or any other parcel of land which is intended as a unit for transfer of ownership or for development.

Major street or highway means a freeway, arterial road, or collector road, as designated by the Michigan Department of Transportation.

Major street plan means that part of the master plan relating to the major street system of the city which has been adopted by the planning commission and is on file in the office of the city clerk.

Marginal access street means a minor street paralleling and adjacent to a collector or arterial road which provides access to abutting properties and protection from through traffic.

Master plan means the most recent master, comprehensive or other entitled plan adopted by the planning commission and which is on file in the office of the city clerk.

Pedestrian way means a walkway to provide pedestrian access to schools, playgrounds or other community facilities.

Planning commission means the city planning commission created by section 58-26 of this Code under the Municipal Planning Commission Act, being Act No. 285 of the Public Acts of Michigan of 1931 (MCL 125.31 et seq.), as amended.

Plat means a map or chart of a subdivision of land, as defined in the Land Division Act.

Proprietor means the applicant or owner of the land being platted or subdivided, or the sponsor of any plat, or his agents and representatives appointed or selected to act legally on his behalf.

Public utility means all persons or municipal or other public authorities providing gas, electricity, water, steam, sewer, storm drainage, telephone, or other services of a similar nature.

Street means a platted or actual right-of-way dedicated to public use, or a private right-of-way serving more than one ownership.

Subdivision or subdivide shall have the same meaning as defined in the Land Division Act.

Substandard right-of-way means any right-of-way which has a width less than the standard width established in the master street plan.

Zoning ordinance means this chapter, the Zoning Ordinance of the City of Walker, adopted under the provisions of Act No. 110 of the Public Acts of Michigan of 2006 (MCL 125.3101 et seq.), as amended.

(d)

Survey and plat required. For every subdivision there shall be a survey and plat complying with the requirements of the Land Division Act.

(e)

Compliance with law required. No subdivision or plat shall be approved unless the subdivision or plat is in conformance with the statutes of the state, the ordinances of the city, the master plan of the city and the subdivision regulations of this chapter. No construction, grading, tree removal, soil stripping, or other site improvements shall take place until final preliminary plat approval.

(f)

Preliminary plats.

(1)

Required approval. Preliminary plats of proposed subdivisions shall be subject to the approval of the planning commission and the city commission in accordance with the provisions of this article.

(2)

Optional pre-preliminary plat meeting. The proprietor may request that a preapplication review meeting take place by submitting a written request to the chairperson of the county plat board and submitting copies of a concept plan for the preliminary plat to the city and to each officer or agency entitled to review the preliminary plat under sections 113 to 118 of the Land Division Act. A preapplication meeting shall take place not later than 30 days after the written request and concept plan are received. The meeting shall be attended by the proprietor, representatives of each officer or agency entitled to review the preliminary plat under sections 113, 114, and 118 of the Land Division Act, and a representative of the city. Representation of each agency entitled to review the preliminary plat under sections 115 to 117 of the Land Division Act shall be informed of the meeting and may attend. The purpose of the meeting is to conduct an informal review of the proprietor's concept plan for the preliminary plat.

(3)

Submission for approval and filing fee. The submission of a preliminary plat for a proposed subdivision shall be filed with the city clerk. Ten copies of the proposed plat shall be filed, at least 15 days prior to a regularly scheduled meeting of the planning commission, accompanied by a filing fee in the amount established by resolution of the city commission. The submission for tentative or final approval of a preliminary plat shall contain all necessary information required for a complete review, including the following:

a.

Name of the proposed subdivision.

b.

Legal description of the property to be subdivided.

c.

Proposed means of water supply.

d.

Proposed method of sewage disposal. Percolation test results must be submitted if a public sewer is not available.

e.

Proposed method of storm drainage and, at least for submissions for final approval of a preliminary plat, an indication of inlet and outlet capacities.

f.

Name and address of the owner of record.

g.

Name and address of the developer.

h.

Name and address of the technical author.

i.

List of the area in square feet for each individual lot.

(4)

Prior to submission of the preliminary plat, applicants are encouraged to prepare sketched plans and discuss them with the planning commission.

(5)

Required submission. Six copies of the preliminary plat of a subdivision, at a scale of not more than 200 feet to the inch, showing the following shall be submitted with the application referred to in section 74-32:

a.

Proposed title.

b.

Date, scale and cardinal point.

c.

The boundary lines, accurate in scale, of the tract to be subdivided.

d.

The proposed division of the land, drawn to scale, in sufficient detail on a topographic map to enable a determination of whether the proposed subdivision meets the requirements set forth in this chapter and other related ordinances.

e.

The location, widths and names of any existing streets which may affect the location of a proposed street, and the location of any existing easements and their purpose.

f.

The location of all proposed drains, drainage ditches, ravines, culverts, changes in grade, and other natural or artificial drainage facilities or improvements, including, without limitation, a drainage plan showing the general flow of surface water from each lot within the plat to any adjacent lot or to an approved drainage course.

g.

Any designated or localized floodplain affecting the proposed subdivision which is designated by a federal, state, or local agency shall be shown.

h.

The location of all proposed easements and their purpose.

i.

The location, widths and names of proposed streets, parks, lots and walkways in the area proposed to be subdivided and which are proposed to be dedicated for public or private use.

j.

When only a portion of a tract owned by the proprietor is proposed to be subdivided, a general layout of the remaining area shall be shown, if such proposed future layout has been determined by the proprietor, at the time of the submission of the application and preliminary plat.

k.

A location map, at a scale of no greater than 400 feet to the inch, showing sufficient detail to enable the relating of the proposed subdivision to the surrounding area.

(6)

Tentative approval procedures.

a.

Upon a determination that the required information has been submitted, the proposed plat shall be placed on the agenda of the planning commission. The planning commission shall also refer the plat to the city engineer.

b.

The planning commission and the city engineer shall review the proposed plat. If all requirements of this chapter and other ordinances have been met, the planning commission and the city engineer shall recommend tentative approval of the preliminary plat by the city commission.

c.

The planning commission and the city engineer shall give their recommendation to the city commission not more than 60 days after submission of the preliminary plat or not more than 45 days after submission of the preliminary plat if a preapplication review meeting was conducted under section 74-31.1. These time periods may be extended with the consent of the applicant.

d.

Following the review and recommendation of the planning commission and city engineer, the city commission shall review the preliminary plat and shall tentatively approve, approve with conditions, or reject said plat. If the preliminary plat meets all requirements of this chapter and other applicable ordinances, the city commission shall tentatively approve the preliminary plat or tentatively approve it subject to conditions and shall record its tentative approval (and conditions, if any) on the plat and return one copy of the proprietor. If the preliminary plat does not meet all requirements of this chapter and other applicable ordinances, the city commission shall reject the preliminary plat and shall set forth in writing its reasons for rejection and if approval is possible, the requirements for tentative approval. The city commission shall approve, approve with conditions, or reject the preliminary plat, within the following time period, as applicable:

1.

Within 60 days after it was submitted to the city clerk, if a preapplication review meeting was conducted under section 74-31.1

2.

Within 90 days after it was submitted to the city clerk, if a preapplication review meeting was not conducted under section 74-31.1.

3.

The review periods set forth above may be extended with the consent of the applicant.

(7)

Effect of approval. Tentative approval of a preliminary plat by the city commission under section 74-34 shall confer upon the proprietor for a period of one year from the date of approval, approval of lot sizes, lot orientation, street layout, and application of the then-current subdivision regulations. Tentative approval of a preliminary plat may be extended if applied for by the proprietor and granted by the city commission in writing.

(8)

Requirements following tentative approval. The proprietor, following tentative approval of a preliminary plat from the city commission, shall:

a.

Submit copies of a preliminary plat to each officer or agency entitled to receive those copies under sections 113 to 118 of the Land Division Act for their simultaneous review and action with the 30-day time period prescribed by sections 113 to 118. Copies shall also be submitted to the Kent County Drain Commissioner for review of the drainage plan submitted with the application.

b.

Submit a list to the city clerk of all authorities required by sections 113 through 119 of the Land Division Act to review the preliminary plat, certifying that the list shows all authorities as required by sections 113 to 119.

c.

Submit all written approvals to the city clerk.

d.

Following a determination that all required approvals have been secured, the clerk shall forward the approved copies of the preliminary plat together with all communications from the reviewing agencies to the planning commission not less than seven days prior to the next regularly scheduled meeting.

(9)

Planning commission recommendation of preliminary plat. The planning commission and the city engineer shall review the preliminary plat and comments of the appropriate authorities and shall make a recommendation to the city commission as to final approval or rejection of the preliminary plat, including reasons for its recommendation.

(10)

City commission final approval of preliminary plat. The city commission, upon receipt of the recommendation of the planning commission and the city engineer, shall do all of the following:

a.

Consider and review the preliminary plat at its next meeting, or within 20 days from the date of submission, and give final approval of the preliminary plat if the proprietor has met all conditions laid down by the city for approval of the preliminary plat under this chapter and other applicable ordinances.

b.

Instruct the city clerk to promptly notify the proprietor of approval or rejection in writing, and if rejected to give the reasons.

c.

Instruct the city clerk to note all proceedings in the minutes of the meeting which minutes shall be open for inspection.

(11)

Tentative or final approval of a preliminary plat shall not be considered as final acceptance of a subdivision plat, nor shall it imply approval of any future layout shown on the plat pursuant to subsection 74-33(10).

(12)

Final approval of a preliminary plat of a subdivision by the city commission under this section shall confer upon the proprietor, for a period of two years from the date of approval, the conditional right that the general conditions and terms under which preliminary approval was granted will not be changed. The two-year period may be extended, if applied for by the proprietor and granted by the city commission in writing. Written notice of any such extension shall be sent by the city to the other approving authorities.

(13)

Upon receipt of preliminary plat approval, the proprietor shall prepare construction drawings, consistent with City standards, and submit to the city engineer for review and approval.

(g)

Final plats.

(1)

Required submission. One true copy of the final plat of a subdivision shall be prepared and filed with the city clerk for submission to the city commission and with each of the officers and agencies described in section 161(2) of the Land Division Act for their simultaneous review and action within the time periods prescribed in sections 163 to 167a of the Land Division Act and any other statutory requirements.

(2)

Required fee. When the final plat is submitted to the city clerk, the proprietor shall deposit the filing and recording fee, as required by section 241 of the Land Division Act, and, in addition thereto, shall pay to the city clerk all costs incurred by the city during the construction of the plat. These costs shall be defined to include, but not be limited to, the following:

a.

Inspection charges by the city or its engineering consultant;

b.

Inspection charges by the City of Grand Rapids, including testing and chlorinating; and

c.

Any other costs that shall be incurred by the city during the construction of the plat.

(3)

The proprietor submitting a final subdivision plat for approval shall furnish to the city commission an abstract of title, certified to the date of the proprietor's certificate, to establish recorded ownership interest, and any other information deemed necessary to ascertain whether the proper parties have signed the plat. In lieu of an abstract, a policy of title insurance currently in force covering all of the land included within the boundaries of the proposed subdivision may be furnished. The city attorney shall inspect the abstract of title or policy of title insurance to confirm its accuracy and legitimacy.

(4)

City commission approval. At its next regular meeting following the filing of a final subdivision plat in accordance with this article, or at a meeting called within 20 days after the date of receiving the plat under section 161(2)(c) of the Land Division Act, the city commission shall do one of the following:

a.

Approve the plat, if it conforms to all of the provisions of the Land Division Act and this chapter, and instruct the city clerk to notify the proprietor of the city commission's approval and certify the commission's approval, showing the date thereof, the approval of the health department, when required, and the date thereof, as shown on the approved preliminary plat; or

b.

Reject the plat and instruct the city clerk to give the reasons in writing as set forth in the minutes of the meeting and return the plat to the proprietor.

(5)

The city commission shall instruct the city clerk to record all proceedings in the minutes of the meeting, which minutes shall be open for public inspection, and to send a copy of the minutes to the county plat board.

(h)

Consistency with approved drainage plan required.

(1)

In addition to approval by the City of Walker, stormwater management plans for all Plats must be approved by the Kent County Drain Commissioner.

(2)

A building permit required by the City Code for the excavation, construction, erection, conversion or repair of any land, building or structure proposed for a lot within a subdivision for which a final subdivision plat has been approved shall not be issued until a permit applicant accompanied by a site plan has been submitted showing that the effect of the proposed work is substantially consistent with the drainage plan approved for the final plat regarding the flow of surface water from the lot to any adjacent lot or to an approved drainage course.

(3)

A certificate of occupancy required by the City Code for the use or occupancy of any building or structure on a lot shall not be issued unless the building official determines that the work completed on the lot pursuant to a building permit issued by the city is substantially consistent with the drainage plan approved for the final plat regarding the flow of surface water from the lot to any adjacent lot or to an approved drainage course.

(4)

The requirements of subsections (a) and (b) shall be clearly and legibly reproduced verbatim in the plat restrictions for the subdivision recorded with the Kent County Register of Deeds. A copy of the plat restrictions shall also be filed with the building official. If there are no plat restrictions for the subdivision, the requirements of subsections (a) and (b) shall be clearly and legibly reproduced verbatim on all final plat maps.

(5)

No work shall be conducted on a lot except in compliance with the drainage plan approved for the subdivision, and conditions on the lot after completion of the work shall be maintained at all times in compliance with the approved plan.

(6)

This section applies only to platted lots within subdivisions for which a drainage plan has been approved for the final plat as provided by this chapter. Any platted lot within a subdivision for which a drainage plan has not previously been approved under this chapter is subject to the drainage requirements in chapters 18 and 67 of the City Code.

(7)

All approved precise plats shall be complied with, and all precisely platted roadways shall be constructed.

(i)

Required improvements and costs thereof.

(1)

It shall be the responsibility of the proprietor of any subdivision to provide for the installation and construction of such improvements as are required, including, but not limited to, sidewalks, sanitary sewer, storm sewer, and public water. All improvements shall be subject to the design standards and specifications as prepared by the city engineer and adopted by the city commission.

(2)

Improvement costs on major streets in excess of those for normal local street improvements shall be borne by the city at large.

(3)

Sanitary sewers shall be required where a connection is available within 1,000 feet of the boundary of the proposed subdivision. Where such a connection is not available, the proprietor shall have the following options:

a.

Install sanitary sewers and pay the entire cost; or

b.

Develop the land for septic tank use. This option shall be available only when approved by the health department.

(4)

Public water service shall be required where a connection is available within 1,000 feet of the boundaries of the proposed subdivision. Where such a connection is not available, the proprietor shall have the following options:

a.

Install an extension to the existing public water system and pay the entire cost; or

b.

Develop the subdivision with water to be supplied by private wells.

(5)

The city may require a cash deposit, certified check or irrevocable bank letter of credit, whichever the proprietor selects, or surety bond acceptable to the city commission, covering the estimated cost of construction to ensure the faithful performance of the agreement. The proprietor shall receive, in the form of a rebate, as the work progresses, amounts of any cash deposits equal to the ratio of the work completed to the entire project as determined by the city engineer.

(j)

Division of platted lots. The partitioning or dividing of a single platted lot, out lot or other parcel of land in a recorded plat within the city is permitted in accordance with the provisions of this article. Before division of a platted lot or parcel is made, written application therefor shall be made to the city assessor as follows:

(1)

The application shall be signed by all parties in interest showing the legal description of the parcels resulting from the requested real estate division.

(2)

Two plot plans shall be submitted showing dimensions of the parcels resulting from the proposed division. The city assessor shall have authority to require that the plot plan be prepared by a registered land surveyor whenever in the judgment of the city assessor the proposed courses and measurements may be difficult to verify and ascertain.

(3)

The application shall be accompanied by a certificate from the city treasurer showing that a fee of $5.00 has been paid for each of the parcels resulting from the division and certifying as to the tax status of the property proposed to be divided.

(4)

An opinion of title signed by an attorney at law or a policy of title insurance of current date evidencing that the persons signing the application for division represent all parties interested in the real estate proposed to be divided shall be furnished.

(5)

No division of a platted lot or parcel shall be permitted in violation of the Land Division Act or which results in more than four resultant parcels.

(6)

No division of a platted lot or parcel shall be made which creates a parcel of land not having reasonable access to a public street or dedicated right-of-way.

(7)

No division of a platted lot or parcel shall be permitted while there remain due and unpaid real estate taxes with respect thereto.

(k)

Compliance with zoning ordinance.

(1)

Required. Upon submission of a proper application, the city assessor may, in accordance with the provisions of this article, permit division of a platted lot or parcel into two, three or four parts, when the resulting parcels each satisfy the minimum lot size requirements of this chapter.

(2)

Exception by board of zoning appeals. If division of a single platted lot or outlot would result in parcels which do not meet the minimum requirements for a lot under the zoning ordinance of the city, the board of zoning appeals, after a report and recommendation from the city planning commission, may approve such division upon making a finding that:

a.

There are practical difficulties or unnecessary hardship; and

b.

Either the proposed division would allow the development of the land in such a manner as to be compatible with the spirit and purpose of the zoning chapter or the property is presently developed and the proposed division creates parcels conforming to existing development and use.

(3)

When division of a platted lot or parcel has been approved in accordance with the provisions of this article, such approval shall be noted upon the application filed with the city assessor.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Reduction of existing lots below minimum. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter.

(b)

New lots to meet minimum requirements. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

This article establishes standards and requirements for the review and approval by the planning commission of site plans. As used in this article, "site plan" includes the documents and drawings as specified by this article which are necessary as a part of the land development review process to ensure that a proposed land use or activity is in compliance with applicable local ordinances and state statutes, and is compatible with the character of the surrounding area, the adjacent uses of land, the natural environment, the capacities of public services and facilities, and the public health, safety and welfare.

(a)

Scope. The provisions of this article shall apply to the creation of a use or the erection of a building or structure requiring site plan review as specified in this article, except in connection with planned unit developments under article VIII. The standards and requirements provided by this article shall be in addition to those required elsewhere in this chapter which are applicable to the use or activity under consideration. The planning commission may adopt procedures to encourage preliminary, informal review of proposed site plans. The preliminary review shall not, however, affect the applicability of the standards and requirements for formal approval of site plans as required by this article. The planning director shall not issue a building permit for any use, building or structure requiring site plan review until a final site plan has been reviewed and approved as provided by this article.

(b)

Site plan review and approval by planning commission required. Site plan review and approval by the planning commission as provided by this article shall be required prior to the creation of any of the following uses or the construction or erection of any buildings or structures in connection therewith:

(1)

All permitted principal and associated permitted accessory uses (including any permitted regulated issues) in the following zone districts (except as provided by subsection (c)):

a.

ARM district, multiple-family residential (except those accessory uses excluded from site plan review by subsection (c)).

b.

ARM district one, multiple-family residential (except those accessory uses excluded from site plan review by subsection (c)).

c.

RMT district, mobile home or trailer coach park (to the extent allowed by state law).

d.

ORP district, office, research and parking.

e.

C-1 district, local commercial.

f.

C-2 district, community commercial.

g.

I-1 district, light industry.

h.

I-2 district, heavy industry.

i.

Nonresidential principal uses permitted in the AA district and accessory uses to such principal uses.

(c)

Exemptions. Notwithstanding subsection 94-18.07(a), the following shall be exempt from the requirement of site plan review and approval by the planning commission as provided by this article, but shall instead be subject to review by the planning director to verify compliance with applicable zoning standards and requirements:

(1)

A single one- or two-family dwelling on a lot.

(2)

Multiple housing with more than two dwelling units but not more than four dwelling units.

(3)

Accessory uses permitted under article V in the ARM district and in the ARM district one.

(4)

Uses permitted by right in the AA district.

(5)

A "state licensed residential facility (six or less persons)" on a lot on which there is no other principal building or use.

(6)

The construction of accessory buildings or structures in the C-1, C-2, ORP, P-SP, I-1, I-2, MPUD, CPUD, and IPUD districts when the total area of accessory buildings and structures on the site will remain under 2,400 square feet following construction of the proposed buildings or structures.

(7)

The construction of any building addition which does not increase existing usable floor area by more than 25 percent or 5,000 square feet, whichever is less. This subsection shall not be construed to exempt any new construction otherwise subject to site plan review under section 18.07.

(8)

Construction solely on the interior of an existing building that does not increase usable floor area or increase the number of parking spaces by five or more spaces.

(9)

The creation of any permitted principal use or permitted accessory use, or the erection of any buildings or structures in connection therewith, in any of the following zone districts (unless site plan review and approval by the planning commission is specifically required for the use, building or structure by the applicable district regulations in article VII):

a.

"A" district, single-family residential.

b.

"A-2" district, duplex, two-family residential.

c.

SA" district, suburban residential, single-family.

d.

"S" district, suburban residential.

(d)

Notwithstanding subsection (b) the following shall also be exempt from the requirement of site plan review and approval by the planning commission under this article, but shall instead be subject to review under the provisions specified by this section below:

(1)

Mineral mining, subject to the requirements of section 94-6.08.

(2)

Planned unit developments (PUDs), subject to the requirements of article XI.

(3)

Temporary uses, subject to the requirements of section 94-6.12.

(e)

Information required for site plans. Except as otherwise specifically provided by this article, site plans shall contain the information required by this section, as deemed necessary by the planning commission to adequately review a proposed use or activity and to meet the purposes and intent of this article. The types of information and the level of detail required by the planning commission for its review may vary depending upon the scale, scope or nature of the use under consideration. The information shall be presented in sufficient detail to describe, where appropriate, adequate dimensions to show the size and placement of all proposed structures, and adequate contour elevations to determine the existing and proposed configuration of the site for engineering purposes. Further, the required information shall be provided in sufficient detail to determine the demand on the capacities of public services and facilities.

(1)

An accurate site plan, drawn to a scale not larger than one inch equals 20 feet (1":20') and a minimum of one inch to 100 feet (1":100') scale and showing:

a.

Property boundaries, property dimensions (including width, length, acreage and frontage) and north arrow.

b.

A project description.

c.

Existing zoning of the property and zoning of all adjacent properties within 300 feet.

d.

The location, size, height, and use of all existing and proposed buildings, structures, or man-made features, including proposed setbacks, lot lines, typical layout, and distances between structures and between structures and lot lines.

e.

The dimensions and number of proposed lots.

f.

The location, surface width, and right-of-way width, as applicable, public rights-of-way, streets, drives, alleys, easements, acceleration and deceleration lanes, pedestrian walkways, and loading areas, including relationship to existing rights-of-way. The site plan shall also include any private streets if they are existing or otherwise permitted under this chapter.

g.

The location of parking areas and number of parking spaces by size, as specified in article XVI of this chapter. Parking spaces shall be designated by lines showing individual spaces.

h.

The location and specifications of exterior lighting.

i.

The location of all existing and proposed landscaping and vegetation, including number of trees and shrubs by species and caliper.

j.

All known natural resources or natural features existing on the site, including wetlands (with a notation as to whether they are regulated by the State of Michigan or not), flood plains, slopes exceeding 15 percent grade, bodies of water, and any other natural features requested by the City Manager or their designee. The surface area of each natural feature must be included in the plans.

k.

The location, height and type of existing and proposed fences, walls, retaining walls, screening, berms and buffer zones.

l.

The location of dumpsters, waste disposal areas, and loading facilities.

m.

The location and size of existing and proposed hydrants and utilities, including proposed connections to public sewer and water supply systems.

n.

The location and size of all surface and subsurface water drainage facilities, and county and/or local drainage ways, existing and proposed, with flow and runoff calculations, and floodplain areas, bodies of water, wetlands, or other unbuildable areas, if present on the site.

o.

The location and size of all signs in accordance with article XIV of this chapter.

p.

The approximate locations of all buildings, structures and driveways on properties within 100 feet of any lot line of the subject properties.

q.

The location and size of proposed open spaces, including recreational areas, and the purpose proposed for the open space areas.

r.

Driveway and access specifications, with width and radii clearly shown, as well as planned curb cuts.

s.

Locations of existing or proposed above or below ground storage facilities, and any containment structures, for chemicals, flammable materials, or hazardous materials.

t.

For residential developments, density calculations, number and types of residential units, and floor area per habitable space.

u.

The square footage that will be devoted to nonresidential purposes, and the number of rooms in hotels or motels.

v.

Truck turning templates, if required by the planning director or planning commission.

w.

The recording number for all pre-existing easements applied to the property.

(2)

A topographic map showing present and proposed elevations at contour levels of not more than two feet and showing the relationship of the topography of the land to adjoining land. Where excavation, fill or recontouring of the site is involved, proposed grading and final contours shall be shown.

(3)

In addition to the required maps and drawings, a narrative (shown on the site plan or submitted separately) which contains the following information:

a.

The owner's name and address; and the applicant's name and address, if not the same as the owner.

b.

The name, address and phone number of the individual who prepared the plan, and the date of preparation.

c.

The common description and complete legal description of the property.

d.

The approximate number of acres allocated to each proposed use and gross area in building, structures, parking, public and/or private streets and drives, and open space.

e.

Dwelling unit densities by type, if applicable.

f.

A development and construction schedule indicating the intended date(s) for commencement of construction of all or portions or phases of the project.

g.

Deed restrictions or other covenants affecting the land.

h.

Proposed method of providing sewer and water service, as well as other public and private utilities.

i.

Proposed method of providing storm drainage.

j.

Permits and/or approvals required by state, federal, county, or other local agencies.

(4)

Any additional information that is deemed by the planning commission, planning director, or city engineer to be reasonably necessary to adequately evaluate the proposed use or activity and its effects on the city, including, without limitation, additional studies (e.g., traffic impact analysis, impacts on natural features and drainage, soil tests), graphics (e.g., aerial photography), or written materials.

(f)

Application for site plan review. An application for site plan review must be submitted by the applicant to the planning director. If the site plan is readily reproducible by a copy machine and does not exceed 11 inches by 17 inches in size, one copy of the plan shall be submitted. If the site plan is not readily reproducible or exceeds 11 inches by 17 inches in size, 15 copies of the plan shall be submitted. The city may request a site plan larger than 11 inches by 17 inches if the site plan is not legible at that scale. The site plan must be submitted at least 30 days prior to the planning commission meeting at which it is first to be considered. An application shall not be considered complete unless all of the following has been provided:

(1)

Fifteen copies of the site plan meeting the requirements of 94-18.07(e)(1).

(2)

A site plan review fee. Transmittals shall not be made unless the required fees have been paid in full. The amount of the fees shall be established by the city commission by resolution and may include escrow accounts to cover the city's costs of professional consultants and other expenses related to the application.

(g)

The planning director shall review the site plan and, if complete, shall schedule consideration of the site plan as an item on the agenda at the next regular planning commission meeting. The planning director may also distribute copies of the site plan to other city departments for review and comment prior to review by the planning commission as provided by this article.

(h)

Preliminary review by city staff.

(1)

The planning director, city engineer, fire chief, police chief, and DPW director, and such other city officials or employees (city staff) that are interested in a proposed site plan or who might assist the city in the review process, shall be provided the opportunity to review the site plan prior to review by the planning commission.

(2)

At the planning director's request, the applicant (or the applicant's authorized representatives) shall meet with the planning director and other city staff members to discuss the city's preliminary comments regarding the site plan. City staff and the applicant shall attempt to resolve any technical issues raised by the staff's comments prior to review of the site plan by the planning commission. If determined necessary by the planning director following the staff review meeting, the planning director may request the applicant to prepare and submit a revised site plan prior to review by the planning commission. Issues regarding the site plan that cannot be resolved by city staff and the applicant as a result of the meeting shall be referred to the planning commission for decision.

(3)

The planning director shall prepare a written report to the planning commission summarizing the city staff's review of the site plan, including a description of any changes made by the applicant to the plan as a result of the review, a summary of staff comments, and any issues regarding the site plan that could not be resolved by staff and the applicant. Staff members that have reviewed the site plan may also submit their written comments, if any, to the planning director for transmittal to the planning commission.

(4)

Statements made by city staff to the applicant in the course of its preliminary review of a site plan as provided by this section shall not constitute legally binding commitments, and shall not affect the applicability of the standards and requirements for formal approval of site plans by the planning commission as required by this article.

(5)

The planning commission may adopt additional procedures to encourage preliminary, informal review of proposed site plans consistent with the intent of this section.

(i)

Standards for site plan review by planning commission. The planning commission shall review the site plan following the preliminary review of city staff pursuant to section [94-18.08(h)] (except as provided in section [94-18.08(c)]). The planning commission's review shall be based on the purposes, objectives and requirements of this article and on the standards provided by this section. The standards provided by this section are intended to provide a frame of reference for the planning commission in making its decision and to provide some guidelines for applicants preparing site plans. The standards are not intended as inflexible requirements, nor are they intended to discourage creativity, invention or innovation in the land development process.

(1)

Dimensional requirements. The dimensional arrangement of buildings and structures conforms to the required yards, setback, height, and other applicable bulk and placement regulations of this chapter.

(2)

Building arrangement. The proposed buildings and structures have a compatible relationship to the site terrain, landscaping, open space, and the 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, should minimize any adverse effect to other development in the surrounding area and should not place demands on public services or facilities in excess of capacity.

(3)

Drainage of surface water. Proper site drainage shall be provided so that 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. Temporary onsite 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 will not create ponding. Stormwater management shall meet the requirements of chapters 18 and 67 of the Walker Code of Ordinances.

(4)

Utility services. Utility distribution lines shall be underground. Other or associated utility installations above ground shall be located so as to have a harmonious relationship to neighboring properties and to the site.

(5)

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. Drives, streets and other elements shall be designed to promote safe and efficient traffic operations within the site and shall provide safe and efficient vehicular access to and from the site in light of adjacent streets and curb cuts. Off-street parking and loading areas shall be provided as required by this chapter in a manner that will minimize noise, glare, odor and other effects on uses on the site or on adjacent properties.

(6)

Pedestrian access. Pedestrian access should be provided between major activity areas, employment centers, service centers and residential areas. Sidewalks should be provided along the street unless determined by the planning commission to be undesirable or unnecessary or because pedestrian circulation is provided in other ways. At a minimum, if sidewalks are not provided, pedestrian movement along the street right-of-way should not be hindered by rocks, boulders, fences or other obstructions.

(7)

Exterior lighting. Exterior lighting shall not create undue hazards to motorists traveling on adjacent public streets, nor damage the value or diminish the usability of adjacent properties. Lighting should be adequate for the safety of occupants or users of the site.

(8)

Landscaping. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. Plant material should be used to enhance appearance of the site, to screen unsightly or harsh elements, and to provide visual relief from large monotonous features such as parking lots. Landscaping, buffers, and/or greenbelts should be preserved or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property. Landscaping, buffer zones, and other aspects of the site plan shall comply with the requirements of section 94-15.18.

(9)

Signs. The size and location of signs should be considered in relation to signs on adjacent sites, and shall be located to avoid impairment of traffic safety and the visibility of motorists. Every sign shall be proportionate in its design and in its visual relationship to buildings and surroundings as an accessory use to onsite structures. Every sign shall be designed as an integral architectural element of the building(s) and site(s) to which it principally relates.

(10)

Special features. Storage areas, mechanical areas, service areas, truck loading areas, utility buildings and structures, and similar features should be located and/or screened so as to be unobtrusive and not interfere with access to or circulation within the site or detract from the visual impression of the site.

(11)

Emergency access. All buildings and structures shall be arranged so as to permit sufficient access to emergency vehicles.

(j)

Conflicts with laws or private restrictions.

(1)

A site plan that violates, or that is inconsistent with, local, state or federal law or regulations shall not be approved.

(2)

The approval of a site plan shall not be considered a waiver of deed restrictions or covenants that apply to the property.

(k)

Conditions of approval. The planning commission may impose reasonable conditions in conjunction with the approval of a site plan for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity, protecting natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of those who will use the proposed use or activity under consideration, residents and landowners immediately adjacent to the proposed use, and the community as a whole; be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; be necessary to meet the intent and purpose of this chapter; be related to the standards established in this chapter for the land use or activity under consideration; and be necessary to ensure compliance with this chapter.

(l)

Site plan approvals.

(1)

The planning commission shall review the site plan and shall approve, approve with conditions, or deny the site plan in accordance with this article and applicable provisions of this chapter. The basis for the decision and any conditions imposed relating to an affirmative decision shall be specified in the resolution of the planning commission approving or denying the site plan. If approved, or approved with conditions, the site plan as approved shall become a part of the record of approval.

(2)

Upon approval of a site plan, the planning director and the applicant shall sign and date three copies of the site plan as approved. One signed copy of the approved site plan shall be kept on file by the planning department; one copy shall be forwarded to the building inspector; and one copy shall be returned to the applicant.

(3)

Approval of a site plan shall expire (and shall be null and void) one year from the date of approval unless a building permit is issued prior to that time and the construction proceeds to completion in accordance with the building permit and site plan. However, the planning commission may approve an extension of the expiration period for up to one additional year, if the extension is requested prior to the expiration of the initial period and the applicant presents reasonable evidence that the delay in commencing construction was due to unforeseen difficulties beyond the control of the applicant. If the extension is not granted due to the applicant's failure to meet the conditions for an extension as provided by this section, or if construction is not commenced prior to the expiration of a granted extension, the site plan approval shall be null and void and a new application shall be required.

(4)

A site plan which has been denied or approved subject to conditions by the planning commission may not be resubmitted for review by the planning commission for a period of 120 days from the date of denial or approval with conditions, except on the basis of new evidence found valid by the planning commission.

(m)

Variances. If a site plan requires one or more variances, an application for the variance(s) shall be filed and considered by the board of zoning appeals after preliminary city staff review pursuant to section 94-19.04. The application for the variance(s) shall be considered by the board of zoning appeals pursuant to article III of this chapter before the planning commission considers the site plan pursuant to section 94-19.04 and this article XVIII.

(n)

Changes to an approved site plan. Subsequent to its approval, a site plan may be changed only by the mutual agreement of the planning commission and the applicant, except minor changes as provided by subsection 94-19.04(n). The planning commission shall not agree to a change in an approved plan unless the change conforms to all applicable standards and requirements of this chapter. The decision to approve a change to an approved site plan shall be made by the planning commission at a regularly scheduled or special planning commission meeting.

(1)

Minor changes to an approved site plan may be approved by the planning director upon certification in writing to the planning commission that the proposed revision does not alter the basic design or any specified conditions of the plan as approved by the planning commission. For purposes of this section, a minor change is any of the following, provided that the applicable minimum requirements of the zoning ordinance continue to be met:

a.

A change of not more than 20 feet in the location of any building or structure is not within a buffer or open space area designated on the approved area site plan.

b.

A reduction of not more than ten percent in the size of any nonresidential building.

c.

A decrease in the total number of residential buildings or a reduction in the number of dwelling units provided that a reduction in the gross floor area of any individual residential unit shall not be considered a minor change.

d.

A change in the height of a building by not more than ten percent.

e.

The internal rearrangement of parking spaces in a parking lot provided that the total number of parking spaces is not reduced by more than ten percent.

f.

The substitution of landscaping or plant materials provided they are substituted with similar types of materials on a one-to-one or greater basis, as determined by the planning director and provided that there is no reduction in any buffer or open space area designated on the approved area site plan.

g.

A reduction in the number of signs, a decrease in the height or size of any signs, or an increase in the setback of any signs.

h.

A reduction in the number of curb cuts or a change in the location of any curb cut if the change is twenty feet or less in either direction.

i.

A decrease in the width of any curb cut or an increase of not more than 50 percent in the width of any curb cut.

j.

Improvements to access and circulation systems, such as the addition of acceleration/deceleration lanes, boulevard, curbing, and pedestrian paths provided that they are not located in any buffer area designated on the approved area site plan.

k.

The addition of accessory buildings or structures provided that: 1) the accessory building or structure is not more than 500 square feet in area, 2) is not designed for human occupancy.

l.

An increase in the area designated on a site plan as reserved for open space or a designated buffer area, or otherwise not being subject to development.

m.

A change in the location of any storm catch basins and utility connections as originally approved, provided that the planning director receives the approval of the city engineer before approving the minor change.

n.

A change in the name of the PUD or in the names of any private streets or drives within the PUD.

o.

Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the PUD which the planning director determines would not have any significant adverse effect on adjacent or nearby lands or the public health, safety and welfare.

(2)

Changes required or requested by the city or another governmental agency for safety reasons.

(3)

An applicant requesting a change to an approved site plan by the planning commission or the planning director shall provide the planning director with three copies of the site plan indicating the proposed change. If the change is approved as authorized by this section, the three copies of the modified site plan shall be signed, dated and distributed as provided by section [94-18.08(l)].

(o)

Performance guarantees. Performance guarantees to ensure compliance with the provisions of this chapter and any conditions imposed under this article may be required by the planning commission at the time of approval of a site plan as authorized under section 4e of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended.

(p)

Enforcement. A site plan approval by the planning commission in connection with a proposed use or activity shall have the full force and effect of this chapter. Subsequent actions relating to that use or activity authorized shall be consistent with the site plan as originally approved or as subsequently changed as provided by this article. Any violation of an approved plan shall be grounds for the city to order that all construction be stopped, and to order that building permits and certificates of occupancy be withheld until the violation is removed or adequate guarantee of removal of the violation is provided to the city. Further, violations of any approved plan, or failure to comply with any requirements of this article, including conditions of approval, shall be considered a violation of this chapter.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

Because of their unique characteristics, special uses are permitted only after the review and approval of the planning commission to ensure that they are compatible with the character of the surrounding area, the adjacent uses of land, the natural environment, the capacities of public services and facilities, and the public health, safety and welfare. This article provides standards and requirements for the submission, review and approval of applications for special uses. The standards and requirements of this article are designed to accomplish the objectives of this chapter through a land development review process based on the application of site planning criteria to achieve proper integration of a proposed special use with the characteristics of the surrounding area.

(a)

Scope. Special uses shall be permitted only upon review and approval by the planning commission of the use and of the site plan submitted for the use, as provided by this article. The standards and requirements provided by this article shall be in addition to those required elsewhere in this chapter which are applicable to the special use under consideration.

(b)

Additional special uses authorized. In addition to the special uses authorized elsewhere in this chapter, the planning commission may approve the following, subject to the standards and requirements of this article:

(1)

The vertical extension of a building existing at the time of enactment of the ordinance from which this chapter derives to the height indicated by the original drawings of the building, if the building was actually designed and constructed to carry the additional height.

(2)

The enclosure of an existing open front porch where the enclosure is in character with the adjoining neighborhood.

(c)

Application for a special use. The following procedures shall be followed to apply for a special use:

(1)

Any person owning or having a legal interest in the subject property may file an application to use the property for a special use provided for by this chapter.

(2)

The application shall be filed with the planning director. The planning director will review the application and, if complete, transmit it to the planning commission. The application must be filed at least 30 days prior to the planning commission hearing at which it is first to be considered.

(3)

Fees shall be paid to the city treasurer at the time of filing of the application for a special use. Transmittals shall not be made unless the required fees have been paid in full. The amount of such fees shall be established by the city commission by resolution and may include escrow accounts to cover the city's costs of professional consultants and other expenses related to the application.

(4)

The application filed with the planning director shall be accompanied by the following documents and information:

a.

A site plan which meets the standards and requirements of section 94-18.07. If the site plan is readily reproducible by a copy machine and does not exceed 11 inches by 17 inches in size, one copy of the plan shall be submitted with the application. If the site plan is not readily reproducible or exceeds 11 inches by 17 inches in size, 15 copies of the plan shall be submitted with the application. The city may request a site plan larger than 11 inches by 17 inches if the site plan is not legible at that scale.

b.

A statement regarding compliance with the standards for approval provided by section, and with other requirements imposed by this chapter applicable to the use under consideration.

(5)

Upon receipt of a completed application, the planning director shall take the following actions:

a.

The planning director shall schedule a public hearing before the planning commission for consideration of the special use request. Notice of the public hearing shall be provided as required by section 4a(2) of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq.), as amended.

b.

The planning director shall also schedule consideration of the site plan submitted with the application as an item on the agenda at the next regular planning commission meeting. The site plan shall be reviewed at that meeting under the standards and requirements provided by article X of this chapter.

(6)

Review of expansion of existing use as integrated site. If an applicant seeks approval of a special use as an expansion of an existing use onto an adjacent site, the applicant shall file an application and site plan for review of the proposed and existing site as a single integrated site. The planning commission shall review the application and site plan for the integrated site pursuant to the terms of this chapter and may impose conditions as to all or any portion of the integrated site pursuant to section 94-6.08 of this chapter.

(d)

Standards for approval of special use uses or special uses. At the public hearing before the planning commission, the commission shall review the particular circumstances of the special use or special use under consideration and shall approve the use only if all of the following findings are made:

(1)

The establishment, maintenance, location or operation of the use will not be detrimental to or endanger the public;

(2)

The use is compatible with the intent of the zoning district and will not change the essential character of the surrounding area;

(3)

The use will not be injurious to the use or enjoyment of other property in the immediate vicinity for the purposes permitted, will not substantially diminish or impair property values within the area, and will not result in any significant adverse impact on the natural environment;

(4)

The establishment, maintenance, location or operation of the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in that district;

(5)

Adequate utilities, access roads, drainage, and other necessary services or facilities have been or will be provided such that the use will not place demands on public services or facilities in excess of capacity; and

(6)

The use will, in all other respects, conform to the applicable regulations of the zoning district in which it is located, conditions imposed on approval, and all other applicable provisions of law, ordinance or statute.

(e)

Conditions of approval.

(1)

In addition to the specific conditions or requirements of approval set forth in this chapter, reasonable conditions may be imposed by the planning commission in conjunction with the approval of a special use or a special use for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased services and facility loads caused by the land use or activity, protecting natural resources and energy, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner. Conditions imposed shall be designed to protect natural resources and the public health, safety and welfare of those who will use the special use or special use under consideration, residents and landowners immediately adjacent to the proposed use, and the community as a whole; be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity; and be necessary to meet the intent and purpose of this chapter, be 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.

(f)

Approvals of special uses.

(1)

At the public hearing, or within a reasonable time following the public hearing, the planning commission shall approve, approve with conditions, or deny the special use request. The decision shall be incorporated in a statement of conclusions relative to the special use under consideration. The statement shall specify the basis for the decision and any condition imposed relating to an affirmative decision.

(2)

The planning commission shall also review the site plan submitted with the application and shall approve, approve with conditions, or deny the site plan in accordance with the procedures, standards and requirements for site plan review as provided by section 94-18.07. If approved, or approved with conditions, the site plan as approved shall become a part of the record of approval of the special use.

(3)

No construction, grading, tree removal, soil stripping, or other site improvements or changes shall commence, and no construction permits shall be issued for a special use until both the application and site plan have been approved by the planning commission. Further, no construction of buildings or structures or any other site improvements or changes shall be made except in strict compliance with the site plan as approved by the planning commission, or as changed by mutual agreement of the planning commission under section 94-18.07(n).

(4)

Approval of a special use shall expire one year from the date of approval unless the authorized use or activity has commenced prior to that time. However, the planning commission may in its discretion approve an extension of the expiration period for up to one additional year, if the extension is requested prior to the expiration of the initial period.

(5)

An application which has been denied or approved subject to conditions by the planning commission may not be resubmitted for review by the planning commission for a period of 120 days from the date of denial, except on the basis of new evidence found valid by the planning commission.

(g)

Performance guarantees. Performance guarantees to ensure compliance with the provisions of this chapter and any conditions imposed under this chapter may be required by the planning commission at the time of approval of a special use as authorized under section 4e of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Site condominium projects are condominium developments in which each condominium unit consists of an area of vacant land and a volume of vacant air space within which a building or other improvements may be constructed by the condominium unit owner. Each site condominium unit may also have an appurtenant limited common element reserved for the exclusive use of the owner of the condominium unit. Either the condominium unit by itself, or the condominium unit taken together with any contiguous, appurtenant limited common element, shall be considered to constitute a building site which is the functional equivalent of a lot for purposes of determining compliance with the requirements of this chapter and other applicable laws, ordinances and regulations. Site condominium projects may also include general common elements consisting of common open space, recreational areas, streets (public or, if approved, private), and other areas available for use by all owners of condominium units within the project. This article is intended to ensure that site condominium units and developments are regulated in a similar manner and are entitled to the same privileges as any other lot or development regulated by the city.

(b)

This article requires preliminary review by the planning commission followed by final review and approval by the city commission of site condominium project plans to ensure that site condominium projects comply with this chapter. Site condominium projects may be approved as provided by this article in any zoning district for the uses permitted by this chapter in the zoning district in which the project is located.

(c)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Building envelope means the area of a condominium unit within which the principal building or structure may be constructed, together with any accessory structures, as described in the master deed for the site condominium project. (In a single-family residential site condominium project, for example, the building envelope refers to the area of each condominium unit within which the dwelling and any accessory structures may be built.)

(2)

Building site means either:

a.

The area within the site condominium unit by itself (i.e., exclusive of any appurtenant limited common element), including the area under the building envelope and the area around and contiguous to the building envelope; or

b.

The area within the condominium unit (as described in subsection (1) of this definition), taken together with any contiguous and appurtenant limited common element.

c.

For purposes of determining compliance with the applicable requirements of this chapter, including, without limitation, height, area, yard and density requirements, or with other applicable laws, ordinances or regulations, a "building site" shall be considered to be the equivalent of a "lot."

(3)

Condominium Act means Act No. 59 of the Public Acts of Michigan of 1978 (MCL 559.101 et seq., MSA 26.50(101) et seq.), as amended.

(4)

Exempt change means a change to a site condominium project (other than a major or minor change) that is exempt from review and approval as required for major or minor changes under this article. Exempt changes shall be limited to the following:

a.

A change in the name of the project, in the name of a public or private street within the project, or in the name of the developer of the project;

b.

A change in the voting rights of co-owners or mortgagees; or

c.

Any other change in the site condominium project which, as determined by the planning commission, does not constitute a major or minor change or will not otherwise change the site configuration, design, layout, topography, or any other aspect of a project which is subject to regulation under this chapter.

(5)

Limited common element means an area which is appurtenant to a site condominium unit and which is reserved in the master deed for the site condominium project for the exclusive use of the owner of the site condominium unit.

(6)

Major change means a change in the site configuration, design, layout or topography of a site condominium project (or any portion thereof), including any change that could result in:

a.

An increase of 20 percent or more in the number of site condominium units;

b.

A reduction of five percent or more in the area of the building site for any site condominium unit;

c.

A reduction of five percent or more in the total combined area of the general common elements of the site condominium project;

d.

A reduction of five percent or more in the total combined area of all limited common elements of the site condominium project; or

e.

Any other change in the site configuration, design, layout, topography, or other aspect of the project which is subject to regulation under this chapter, including, without limitation, a change in the location of public or private streets and utilities, or in the size, location, area, horizontal boundaries or vertical boundaries of a site condominium unit, and which is determined by the planning commission to constitute a major change to the site condominium project.

(7)

Minor change means a change in the site configuration, design, layout or topography of a site condominium project (or any portion thereof), including any change that will result in:

a.

An increase of less than 20 percent in the number of site condominium units or a decrease in the number of site condominium units;

b.

A reduction of less than five percent in the area of the building site for any site condominium unit;

c.

A reduction of less than five percent in the total combined area of the general common elements of the site condominium project;

d.

A reduction of less than five percent in the total combined area of all limited common elements of the site condominium project; or

e.

Any other minor variation in the site configuration, design, layout, topography or other aspect of the project which is subject to regulation under this chapter, and which, as determined by the planning commission, does not constitute a major change.

(8)

Site condominium project means a plan or project consisting of two or more site condominium units established in compliance with the Condominium Act.

(9)

Site condominium project plan means the plans, drawings and information prepared for a site condominium project as required by Section 66 of the Condominium Act and as required by this article for review of the project by the planning commission and the city commission.

(10)

Site condominium unit means a condominium unit established in compliance with the Condominium Act which consists of an area of vacant land and a volume of vacant air space, designed and intended for separate ownership and use as described in the site condominium project master deed, and within which a building or other improvements may be constructed by the condominium unit owner.

(11)

Except as otherwise provided by this article, the following words and phrases, as well as any other words or phrases used in this article which are specifically defined in the condominium act, shall conform to the meanings given to them in the condominium act: "common elements," "condominium documents," "condominium unit," "contractible condominium," "convertible area," "expandable condominium," "general common elements" and "master deed."

(d)

Review of preliminary plans by the planning commission.

(1)

Prior to final review and approval of a site condominium project plan by the city commission, a preliminary site condominium project plan shall be reviewed by the planning commission in accordance with the procedures, standards and requirements provided by this article.

(2)

Application for review and approval of a site condominium project plan shall be initiated by submitting to the planning director:

a.

A minimum of 15 copies of a preliminary site condominium project plan which measure a minimum of 24 inches by 36 inches, which otherwise complies with the requirements of section 94-18.07; and

b.

A filing fee in accordance with the fees established by resolution of the city commission which may include escrow accounts to cover the city's costs of professional consultants and other expenses related to the application.

c.

The planning commission shall review the preliminary site condominium project plan in accordance with the standards and requirements contained in section 94-18.07, and in accordance with the following additional standards and requirements:

1.

In its review of a site condominium project plan, the planning commission may consult with the planning director, city attorney, city engineer, city fire chief, city planning director, police chief, DPW director, or other appropriate persons regarding the adequacy of the proposed common elements and maintenance provisions, use and occupancy restrictions, utility systems, public and private streets, project layout and design, or other aspects of the proposed project.

2.

The building site for each site condominium unit shall comply with all applicable provisions of this chapter, including, without limitation, minimum lot area, minimum lot width, required front, side and rear yards, maximum building height, and public and private street frontage requirements. For example, the area and width of the building site shall be used to determine compliance with the minimum lot area and lot width requirements. Compliance with required front, side and rear yards shall be determined by measuring the distance from the equivalent front, side or rear yard boundaries of the building site to the closest respective front, side or rear boundary of the building envelope. On private streets, the front yard boundary of the building site shall be at least 30 feet from the centerline of the adjoining private street (and this 30-foot setback shall be required even if a modification is approved under section 94-13.04(c) regarding the width of the private street easement or paved surface of the private street).

3.

Except with respect to private streets approved for a site condominium project under section 94-13.03(d)(2), site condominium projects shall comply with all requirements regarding design standards and provision of required improvements), as provided for subdivisions by section 94-18.05(i), provided that references therein to "subdivision" and "lot" shall mean "site condominium project" and "building site," respectively.

4.

Portions of the preliminary plan as relevant to the reviewing authority in question shall be submitted by the applicant to the county health department, county road commission, county drain commission, state department of natural resources, state department of public health and other appropriate state and county review and enforcement agencies having direct approval or permitting authority over any aspect of the proposed site condominium project.

(e)

Planning commission recommendation. After reviewing the preliminary site condominium project plan, the planning commission shall prepare a written statement of recommendations regarding the proposed site condominium project, including any suggested or required changes in the plan, and, if the recommendation is to deny approval, the reasons for denial. The planning commission shall provide a copy of its written recommendations to the applicant and to the city commission. A recommendation by the planning commission to approve (or approve with conditions) a preliminary project plan shall not constitute a final approval of the plan and shall not confer any rights upon any person.

(f)

Review and approval of final plans by city commission.

(1)

After receiving the planning commission's recommendations on the preliminary plan, the applicant shall submit to the planning director a minimum of 15 copies of a final site condominium project plan which complies with the requirements of this section and of section 94-18.07. The planning director shall forward the copies of the final plan to the city commission.

(2)

The final site condominium project plan submitted by the applicant shall incorporate all of the recommendations, if any, made by the planning commission based on its prior review of the preliminary plan. If any of the planning commission's recommendations are not incorporated in the final plan, the applicant shall clearly specify in writing which recommendations have not been incorporated and the reasons why those recommendations have not been incorporated. Except for changes made to the plan as necessary to incorporate the recommendations of the planning commission, the final plan shall otherwise be identical to the preliminary plan which was reviewed by the planning commission. Changes made to the plan other than those necessary to incorporate the recommendations of the planning commission shall be reviewed by the planning commission as provided by this article prior to approval of the plan by the city commission.

(3)

After receiving the planning commission's recommendations on the preliminary plan and a final site condominium project plan from the applicant, the city commission shall proceed to review and may approve, deny or approve with conditions the plan in accordance with the standards provided by section 94-18.08(d) and other applicable procedures, standards and requirements provided by this article.

(4)

As a condition of approval of a final site condominium project plan:

a.

The city commission may require that a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the city commission covering the estimated cost of required improvements associated with the site condominium project for which approval is sought be deposited with the city as provided by section 4e of Act No. 207 of the Public Acts of Michigan of 1921 (MCL 125.581 et seq., MSA 5.2931 et seq.), as amended.

b.

The city commission may impose additional conditions of approval as provided by section 94-18.09(e).

(g)

Contents of site condominium project plans. A complete condominium project plan shall include the following documents and information, as applicable to the project under consideration:

(1)

All of the documents and information required by section 66 of the condominium act, including, without limitation:

a.

A survey plan.

b.

A floodplain plan, if the project lies within or abuts a floodplain area designated by federal, state, or local agency.

c.

A utility plan, showing all sanitary sewer, water and storm sewer lines and related easements for installation, repair and maintenance of all utilities.

d.

The size, location, area and horizontal boundaries of each condominium unit, and the vertical boundaries and volume for each unit comprised of enclosed air space.

e.

A number assigned to each condominium unit.

f.

Building sections showing the existing and proposed structures and improvements, including their location on the land. Any proposed structure or improvement shown should be labeled either "must be built" or "need not be built." To the extent that the developer is contractually obligated to deliver utility conduits, buildings, sidewalk, driveways, landscaping and access roads, the same shall be shown and designated as "must be built," but the obligation to deliver such items exists whether or not they are so shown and designated.

(2)

A site plan which complies with section 94-18.07.

(3)

To the extent not provided under subsection (1) or (2) of this section, the condominium project plan shall also include the following documents and information:

a.

The location of all proposed drains, drainage ditches, ravines, culverts, changes in grade and other natural or artificial drainage facilities or improvements including, without limitation, a drainage plan showing the general flow of surface water from each building site within the site condominium project to any adjacent building site or lot or to an approved drainage course.

b.

The nature, location and size of the general and limited common elements (including any information required to be submitted for private streets as provided by section 94-13.04), building envelopes and building sites.

c.

The use and occupancy restrictions and maintenance provisions for all general and limited common elements that will be included in the master deed (including, without limitation, the maintenance provisions which will apply to any proposed private streets).

d.

A narrative describing the overall objectives of the proposed site condominium project, and a copy of the proposed bylaws for the project.

e.

The condominium project plan and associated documents and information shall be provided at the level of detail as determined necessary by the planning commission for review of a preliminary plan or by the city commission for review of a final plan.

f.

A street plan and profile consistent with City standard plans for public roads.

(h)

Construction in compliance with approved final site condominium project plan. No buildings or structures shall be constructed nor shall any other site improvements or changes be made on the property in connection with a proposed site condominium project except in compliance with a final site condominium project plan as approved by the city commission, including any conditions of approval.

(i)

Commencement of construction; issuance of permits. No construction, grading, tree removal, soil stripping, or other site improvements or changes shall be commenced by any person and no building, construction or grading permit shall be issued by the building inspector for a site condominium project until:

(1)

A final site condominium project plan has been approved by the city commission;

(2)

All conditions to commencement of construction imposed by the city commission have been met; and

(3)

All applicable approvals or permits from appropriate county and state review and enforcement agencies have been obtained for the project; and

(4)

All public infrastructure, including, but not limited to sanitary sewer, storm sewer, water, roads, sidewalks and sidewalk ramps, must be fully constructed and accepted into the public system.

(j)

Consistency with approved drainage plan required.

(1)

A building permit required by the City Code for the excavation, construction, erection, conversion or repair of any land, building or structure proposed for a building site within a site condominium project for which a site condominium project plan has been approved shall not be issued until a building permit application has been submitted showing that the effect of the proposed work is substantially consistent with the drainage plan approved for the project regarding flow of surface water from the building site to any adjacent building site or lot or to an approved drainage course.

(2)

A certificate of occupancy required by the City Code for the use or occupancy of any building or structure on a building site shall not be issued unless the planning director determines that the work completed on the building site pursuant to a building permit issued by the city is substantially consistent with the drainage plan approved for the project regarding flow of surface water from the building site to any adjacent building site or lot or to an approved drainage course.

(3)

The requirements of subsections (a) and (b) shall be clearly and legibly reproduced verbatim in the master deed for the site condominium project.

(4)

No work shall be conducted on a building site, except in compliance with the drainage plan approved for the project, and conditions on the building site after completion of the work shall be maintained at all times in compliance with the approved plan.

(5)

This section applies only to building sites within site condominium projects for which a drainage plan has been approved for the site condominium project as provided by this article. Any building site for which a drainage plan has not previously been approved under this article is subject to the drainage requirements in chapters 18 and 67 of the City Code.

(k)

Expandable or convertible condominium projects. Approval of a final site condominium project plan shall not constitute approval of expandable or convertible portions of a site condominium project unless the expandable or convertible areas were specifically reviewed and approved by the city commission in compliance with the procedures, standards and requirements of this article.

(l)

Review and approval of changes to approved site condominium projects. Any change proposed in connection with a project for which a final site condominium project plan has previously been approved by the city commission shall be subject to review as provided by this section:

(1)

Major changes. Any change which constitutes a major change shall be reviewed by the planning commission and reviewed and approved, denied, or approved with conditions by the city commission as provided by this article for the original review and approval of preliminary and final plans in accordance with the standards provided by section 94-18.09 and other applicable procedures, standards and requirements.

(2)

Minor changes. Any change which constitutes a minor change shall be reviewed and approved, denied, or approved with conditions by the planning commission alone, in accordance with the standards provided by section 94-18.09 and other applicable procedures, standards and requirements, without the need for further review and approval by the city commission.

(3)

Exempt changes. Any change which constitutes an exempt change shall not be subject to review by the city under this article, but a copy of the changes proposed, and of any changes subsequently made if at all different than proposed, shall be filed with the planning director as soon as the changes are proposed or made.

(m)

Incorporation of approved provisions in master deed. All provisions of a final site condominium project plan which are approved by the city commission as provided by this article shall be incorporated by reference in the master deed for the site condominium project. Further, all major changes to a project shall be incorporated by reference in the master deed. A copy of the master deed as filed with the county register of deeds for recording shall be provided to the city within ten days after filing the plan with the county.

(n)

As-built plans to be provided. After construction of the condominium project is completed, as-built plans shall be drawn and provided to the city to ensure that the final site condominium project plan was accurately completed and to provide a record of the existing infrastructure and improvements to the site. These plans should also be kept as a record by the condominium association for the development.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

Act No. 179 of the Public Acts of Michigan of 2001 ("Act 179") requires that cities having a population of 1,800 or more and having undeveloped land zoned for residential development at a certain density must adopt provisions in their zoning ordinances known as "open space preservation" provisions, which permit lands satisfying specified criteria to be developed, at the option of the landowner, with the same number of dwellings on a portion of the land specified in the zoning ordinance, but not more than 80 percent, that, as determined by the city, could otherwise be developed under existing ordinances, laws and rules, on the entire land area. The purpose of this article is to adopt open space preservation provisions consistent with the requirements of Act 179.

(a)

Definitions. Words and phrases used in this article, if defined in Act 179, shall have the same meaning as provided in Act 179.

(b)

Eligibility. Land may be developed under the provisions of this article only if each of the following conditions is satisfied:

(1)

The land shall be zoned in the AA district or S district;

(2)

The development of land under this article shall not depend upon the extension of a public sanitary sewer or a public water supply system to the land, unless the development of the land without the exercise of the clustering option provided by this article would also depend on such an extension; and

(3)

The clustering option provided pursuant to this article shall not have previously been exercised with respect to the same land.

(4)

If all of the preceding conditions are satisfied, the land is eligible for development, at the option of the landowner, in accordance with the provisions of the article.

(c)

Permitted uses. Only those residential land uses permitted by the zoning district in which the land is located shall be permitted on land developed or used pursuant to the provisions of this article.

(d)

Application and review procedure.

(1)

The application requirements and review procedures for land proposed to be developed pursuant to the provisions of this article shall be those stated in section 94-18.07) of this chapter and this article. In the event of a direct conflict between section 94-18.07 and this article, this article shall govern.

(2)

In addition to the application materials required by section 94-18.07 of this chapter, an application for the development of land under the provisions of this article shall include the following:

a.

A parallel plan prepared for the purpose of demonstrating the number of dwelling units that could be developed on the land under its existing zoning if the clustering option provided by this article were not exercised.

1.

The parallel plan shall be prepared by the developer showing a feasible development under the requirements of the specific zoning district in which it is located and the requirements of any and all state, county, and city regulations. All lots, roads, and other improvements shall be designed so that they do not adversely impact wetlands, floodplains, or drainage ways, as regulated by federal, state, county, or local agencies.

2.

It must be determined by the planning commission that this parallel plan is able to be physically constructed and meet all current requirements, should the open space plan be denied or not constructed. If there is a question regarding water, septic, wetlands, or floodplains, the planning commission may request validation from the proper regulatory authority. If it is determined, through these responses, that the number of lots proposed is not feasible, the parallel plan shall be revised and resubmitted, minus that number of lots. Detailed engineering is not required at this stage.

3.

The planning commission may also waive the submission of a parallel plan if it is determined that the number of housing units proposed for open space development is clearly below the number that would be permitted on the site. Such waiver must be recorded as part of the minutes of the planning commission.

b.

The parallel plan may be conceptual in nature but shall include at least the following information:

1.

Date, north arrow and scale, which shall not be more than one inch equals 100 feet, and, in all cases, the scale shall be the same as that utilized for the site plan illustrating the proposed development using the clustering option permitted by this article.

2.

Location of streets and driveways.

3.

Location of all lots, illustrating lot area and width of each lot to demonstrate compliance with the minimum requirements of the applicable zoning district.

4.

Location of all utilities that would be necessary to serve a development under the parallel plan and which would not be located within any public road right-of-way or private street easement, or on buildable lots. Such utilities include, but are not limited to, storm water retention or detention basins, community sewage treatment systems, and community water supply facilities.

5.

If development under the parallel plan would require the use of septic tanks and drain fields, the parallel plan shall illustrate the location of all septic tanks and drain fields. The applicant shall submit proof that the proposed septic tank and drain field location for each lot would be approved, or has been approved, by the Kent County Health Department.

6.

The location of all portions of the land that are unbuildable for residential purposes due to the presence of wetlands, severe slopes, flood plains, or other features prohibiting development for residential purposes.

c.

A copy of the conservation easement, plat dedication, restrictive covenant, or other legal instrument that would run with the land, and that would have the legal effect of preserving in perpetuity the open space required by this article in an undeveloped state. Such legal instrument shall be reviewed and approved by the city attorney prior to recording, consistent with the terms of this article. The legal instrument shall:

1.

Indicate the proposed permitted use(s) of the undeveloped open space.

2.

Require that the open space be maintained in perpetuity in an undeveloped condition, without buildings, structures, or other improvements, except such drainage improvements, except such drainage improvements, utility lines, riding trails, hiking trails, picnic areas, park or playground equipment, or similar improvements that are approved by the planning commission.

3.

Require that the undeveloped open space be maintained by parties who have an ownership interest in the undeveloped open space.

4.

Provide standards for scheduled maintenance of the undeveloped open space, including necessary pruning and harvesting of new trees and new plantings.

d.

The site plan for the clustering option permitted by this article shall include the following minimum information, in addition to that required by section 94-18.07(e) of this chapter:

1.

Date, north arrow, and scale which shall not be more than one inch equals 100 feet, and, in all cases, the scale shall be the same as that utilized for the parallel plan.

2.

The site plan shall clearly illustrate the portions of the land that are proposed to remain in a perpetually undeveloped state and the portions of the land that will be used for clustered development.

3.

The site plan shall indicate the total number of acres of land that are proposed to remain in a perpetually undeveloped state, the total number of acres of land that are proposed to be used for clustered development, and the percentage of each, as compared to the total site acreage.

4.

The site plan shall illustrate the location of all lots and proposed building envelopes and shall indicate the lot area and width of each lot, and the proposed front, side, and rear yard building setbacks. The number of lots on the site t plan shall not exceed the number of lots on the parallel plan, as approved by the planning commission, and reduced to accommodate nondwelling structures, if necessary, as described in subsection 94-18.10(r).

5.

The site plan shall illustrate the location and type of all proposed structures or improvements that are not dwellings.

6.

If clustered development will include septic tanks and drain fields, the site plan shall illustrate the location of all septic tanks and drain fields. The applicant shall submit proof that the proposed septic tank and the drain field location for each lot has been approved by the Kent County Health Department.

e.

If the development is to be served by public streets, verification that the public rights-of-way and streets comply with the city's right-of-way and street standards. If the development is a site condominium with private streets, verification that the private streets comply with section 94-13.04, subject to subsection 94-13.06.

(3)

When reviewing an application submitted under the terms of this article, the planning commission shall determine whether the parallel plan accurately reflects the number of dwelling units that could be developed on the land under its existing zoning if the clustering option provided by this article were not exercised. If the planning commission determines that the number of dwellings illustrated on the parallel plan exceeds the number of dwellings that could be permitted on the land if it were developed under its existing zoning, if the clustering option provided by this article were not exercised, the applicant shall submit a revised site plan for the clustering option reflecting the permitted number of dwellings, as determined by the planning commission.

(4)

The planning commission shall review the site plan and shall approve, approve with conditions, or deny the site plan in accordance with this article and applicable provisions of this chapter. The basis for the decision and any conditions imposed relating to an affirmative decision shall be specified in the resolution of the planning commission approving or denying the site plan. If approved, or approved with conditions, the site plan as approved shall become part of the record of approval.

(5)

The planning commission may impose reasonable conditions in conjunction with the approval of a site plan when necessary to effectuate the intent and purpose of this article and as provided in section 94-18.07(k).

(e)

Amendments to an approved site plan.

(1)

An approved clustered site plan and any conditions imposed upon its approval shall not be changed except upon the mutual consent of the planning commission and the applicant, except as otherwise stated below with respect to a minor change.

(2)

A minor change may be approved by the planning director. The planning director shall notify the planning commission of the minor change and state his conclusion that the change does not substantially alter the basic design or conditions required for the plan by the planning commission.

(3)

The following shall be considered minor changes:

a.

Reduction of the size of any building, building envelope, or sign.

b.

Movement of buildings or signs by no more than ten feet.

c.

Plantings approved in the landscaping plan may be replaced by similar types of plantings.

d.

Changes requested by the city for safety reasons.

e.

Changes which will preserve natural features of the land without changing the basic site layout.

f.

Other similar changes of a minor nature proposed to be made to the configuration, design, layout, or topography of the site plan which are deemed by the planning director to be not material or significant in relation to the entire site and which the planning director determines would not have any significant adverse effect on the development or on adjacent or nearby lands or the public health, safety, and welfare.

(4)

The planning director may refer any decision regarding any proposed change in an approved site plan to the planning commission for review and approval (regardless of whether the change may qualify as a minor change). In making a determination whether a change is a minor change, or whether to refer a change to the planning commission for approval, the planning director may consult with the chairperson of the planning commission.

(5)

Should the planning director determine that a requested change in the approved site plan is not minor, resubmission to the planning commission for an amendment shall be required, and the planning commission shall consider the change in accordance with the same procedures as for an original application.

(f)

Performance guarantees.

(1)

The planning commission, in its discretion, may require reasonable performance guarantees or assurance deemed satisfactory in the circumstances and authorized by law. Such arrangements shall be conditioned upon faithful compliance with all of the provisions and requirements of the approved clustered site plan, including any conditions thereto, and construction and placement of all the improvements required thereby.

(2)

In its discretion, the planning commission may rebate or refund a proportionate share of the amount specified in a performance bond, letter of credit, or other written assurance, based upon the percent or other portion of improvements completed, as verified by the planning commission.

(g)

Time limitations.

(1)

Each development permitted pursuant to this article shall be under construction within one year after the date of approval of the site plan by the planning commission. If this requirement is not met, the planning commission may, in its discretion, grant an extension not exceeding one year, provided that the applicant submits reasonable evidence to the effect that unforeseen difficulties or special circumstances have been encountered, causing delay in the commencement of the clustered development.

(2)

If the clustered development has not been commenced within the above-stated time period, or within any authorized extension thereof, any building permits issued for the development or any part thereof shall be of no further effect. The applicant shall then be required to seek renewed approval from the planning commission under the terms of this article in order to exercise the clustering option.

(h)

Required open space. For developments approved under this section, at least 20 percent of the land proposed for development under the provisions of this article shall remain in a perpetually undeveloped state by means of a conservation easement, plat dedication, restrictive covenant, or other legal instrument that runs with the land, as approved by the city attorney. The following areas shall not constitute open space:

(1)

The area within all public street rights-of-way.

(2)

The area within all private street easements.

(3)

Any easement for overhead utility lines, unless adjacent to open space.

(4)

The area within a platted lot or site condominium unit.

(5)

Off-street parking areas.

(6)

Detention and retention ponds.

(7)

Community drain fields.

(8)

Golf course.

(i)

Standards for open space. The following standards shall apply to the open space required pursuant to this article:

(1)

The open space may include a recreational trail, picnic area, children's play area, greenway, linear park, or other use which, as determined by the planning commission, is substantially similar to these uses.

(2)

The open space shall be available for all residents of the development, subject to reasonable rules and regulations. The open space may be, but is not required to be, dedicated to the use of the public.

(3)

If the land contains a lake, stream, or other body of water, the planning commission may require that a portion of the open space abut the body of water.

(4)

A portion of the open space shall be located along the public street frontage abutting the land. The depth of this area shall be at least 50 feet, not including public right-of-way, and this area shall be left in its natural condition or be landscaped to help preserve or enhance the existing views.

(5)

A portion of the open space shall be reasonably usable by the residents of the land for passive recreational uses such as hiking or picnicking.

(6)

Open space shall be located so as to be reasonably accessible to the residents of the clustered development. Safe and convenient pedestrian access points to the open space from the interior of the clustered development shall be provided.

(7)

Open space shall be located so as to preserve significant natural resources, natural features, scenic or wooded conditions, bodies of water, wetlands, or agricultural land.

(8)

Deciduous trees with a diameter at breast height of three inches or greater, and coniferous trees six feet tall or greater, may not be removed from preserved open space areas. This requirement may be waived by the planning commission if the location or quality of the tree poses a safety hazard, interferes with pre-existing public utilities, or is afflicted with a disease which may cause damage to surrounding trees and foliage.

(j)

Use of open space. All dwelling units and other structures and improvements shall be located outside that portion of the land designated as open space. However, the planning commission, in its discretion, may permit structures or improvements to be located in the open space if the structures and/or improvements would be consistent with the designated purpose of the open space. By way of example only, park or playground equipment could be permitted on open space designated for recreational use.

(k)

Houses abutting the open space. A minimum of 50 percent of all dwelling units within the development shall abut or overlook the dedicated open space.

(l)

Underlying zoning district. The development of land under this article shall comply with all requirements of this chapter applicable to the zoning district in which the land is located, except those setback and yard size requirements that must be adjusted to allow the clustering option permitted under this article.

(m)

Uniform lot size. Lots for dwellings in the clustered portion of the development shall be as uniform in area as is reasonably practicable, unless otherwise approved by the planning commission. Flag lots or panhandle lots shall not be permitted.

(n)

Building envelopes. The location and area of building envelopes, as proposed by the applicant, shall be subject to the review and approval of the planning commission. The location and area of building envelopes shall be established to achieve the intent and purpose of the zoning district in which the land is located.

(o)

Lot width. Each lot shall have a minimum width equal to no less than 75 percent of the minimum lot width specified for the zoning district in which the land is located, unless otherwise approved by the planning commission.

(p)

Maximum number of lots. The clustered portion of the development shall contain not more than the maximum number of lots, as determined from the parallel plan approved by the planning commission, and as reduced to reflect the inclusion of nondwelling unit structures, if any, as described in subsection (j).

(q)

Nondwelling unit structures. Lots containing nondwelling structures such as a clubhouse and its related amenities shall be subject to all requirements of this article applicable to lots containing dwellings and shall further be subject to all other requirements of this chapter and other provisions of the city code applicable to the type of structure proposed. However, the planning commission may, in its discretion, permit the enlargement of a lot containing a structure so as to reasonably accommodate it.

(r)

Reduction in lots for nondwelling structures. If structures other than dwellings, such as a clubhouse, are constructed on a lot in the clustered portion of the land, the number of dwelling lots permitted in the clustered portion of the land shall be reduced by the number of dwelling lots equivalent to the area of the lot containing the structure, rounded up to the nearest whole number. For the purposes of this subsection, the number of equivalent dwelling lots shall be based on the average area of lots containing dwellings in the clustered development.

(s)

Perimeter lots. Notwithstanding any other provision of this article, the planning commission may require that the clustered development be designed and constructed with lot sizes and setbacks on the perimeter that will be reasonably consistent with the lot sizes and setbacks of adjacent uses (planned or existing).

(t)

Pedestrian circulation. Adequate pedestrian circulation shall be provided by the applicant for on-site circulation. Adequate access shall be provided to all open space/recreational spaces from the residential areas. Natural paths or bike paths are encouraged within the development. Paths provided within the development shall be constructed of asphalt, gravel, woodchip, or other similar material as approved by the planning commission.

(u)

Other laws. The development of land under this article is subject to all other applicable city ordinances, state and federal laws, rules and regulations, including, but not limited to, rules relating to suitability of groundwater for on-site water supply for land not served by a public water system, and rules relating to the suitability of soils for on-site sewage disposal for land not served by public sanitary sewers.

(v)

Subdivision, site condominium regulations. After or in conjunction with approval of a clustered site plan pursuant to this article, the developer shall comply with the requirements and procedures for subdivisions or site condominiums as applicable.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

The city commission may, from time to time, following recommendation from the planning commission or on petition from a resident or property owner within the city, amend, supplement, modify or change this chapter in accordance with the authority of Act 110 of the Public Acts of 2006, as amended.

(a)

Upon presentation of a petition to the planning commission, and upon the payment of the required fees designated by the city commission, or upon the planning commission's own motion to begin the amendment process, or a request from the city commission, the commission shall prepare a proposed amendment and shall hold a public hearing as described in section 94-7.05(d). The planning commission may modify a proposed amendment after the public hearing.

(b)

After a consideration of all issues relevant to the amendment, the city planning commission shall make a recommendation of approval or denial to the city commission. The proposed amendment, a summary of public comments and the planning commission's recommendation shall be forwarded to the city commission for consideration. The board may modify the proposed amendment, and then shall vote to approve or deny adoption of the proposed amendment.

(c)

Petitions previously denied. A period of not less than one year is required between filing of applications for a change or amendment applying to a specific piece of property or a part of such property, where a prior petition was denied. The same applicant may apply for another change or amendment within the one year period, provided that subsequent applications are substantially different than the first amendment. "Substantially different" amendments shall include, but not be limited to, requesting a new zoning district, substantially amending the requested text amendment, or substantially amending the proposed conditional rezoning agreement.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

The city recognizes that, under certain instances, it may be to the city and the landowner's advantage to consider rezoning of certain lands if the application is subject to certain conditions. Accordingly, it is the intent of this section to provide a conditional rezoning option to landowners in accordance with the provisions of the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

(b)

Eligibility. A landowner shall have the option of seeking conditional rezoning in connection with submission of an application seeking rezoning. To be eligible for review as a conditional rezoning, the landowner shall, as part of an application for rezoning of land to a new zoning district classification, voluntarily offer certain site-specific regulations or conditions that are equally or more restrictive than the regulations of this chapter for the proposed zoning district.

(c)

Application requirements. A conditional rezoning amendment shall be initiated by submission of a complete application, including a proposed conditional rezoning agreement, describing all conditions and terms of the proposed rezoning, to the city, along with the required fee established by city commission.

(1)

Site plan requirement. A site plan shall be submitted with the conditional rezoning agreement, meeting the requirements in section 94-7.04(c), and must be approved in order for the conditional rezoning to be approved. The planning commission may waive the site plan requirement upon determining that a site plan is not necessary to determine whether the request complies with the requirements of this section.

(2)

Amendment of approved site plan. A site plan approved in conjunction with a conditional rezoning agreement may be amended through the process described in section 94-7.04(h). An amendment to the conditional rezoning agreement shall not be required. However, the amended site plan must be in compliance with the conditional rezoning agreement in order to be approved.

(d)

Review and approval procedures. The review and approval process shall be the same as for rezoning amendments without conditions, as described in section 94-7.07. The planning commission shall hold a public hearing and shall recommend action to the city commission.

(e)

Effective date and recording of conditional rezoning agreement. A conditional rezoning shall become effective following both publication in the manner provided by law and recording of the conditional rezoning agreement with the Kent County Register of Deeds office by the applicant with proof of recording given to the clerk's office.

(f)

Amendment of conditional rezoning agreement. Amendment of a conditional rezoning agreement shall be proposed, reviewed, and approved in the same manner as a new conditional rezoning application.

(g)

Expiration of conditional rezoning agreement. The conditional rezoning approval shall expire following a period of two years from the effective date of the rezoning unless:

(1)

Approved development of the land commences within such two year period and proceeds diligently and in good faith as required by ordinance to completion; or

(2)

The rezoning is extended for good cause by the city commission.

(3)

The approved conditional rezoning agreement specifies a different time line.

(4)

Once approved construction has been completed, and a certificate of occupancy has been issued for all approved buildings on the site, there shall be no expiration date for the conditional rezoning, and it shall continue in perpetuity unless the zoning of the property is changed through the process described in this chapter.

(h)

Approval criteria. The applicant shall have the burden of demonstrating that the following requirements and standards are met by the conditional rezoning plan, rezoning conditions, and conditional rezoning agreement:

(1)

In the public interest. The city commission shall determine that, in considering the site specific land use proposed by the applicant, sufficient conditions have been included in the conditional rezoning plan and conditional rezoning agreement so that the public interest would be served by granting the conditional rezoning.

(2)

In determining whether approval of a proposal would be in the public interest, the benefits that would be reasonably expected to accrue from the proposal shall be balanced against, and be found to clearly outweigh the reasonably foreseeable detriments thereof, taking into consideration reasonably accepted planning, engineering, environmental and other principles and factors.

(3)

Other amendment considerations. In considering a conditional rezoning amendment, the planning commission and city commission shall also consider the following factors:

a.

Furtherance of the master plan's goals, policies, and future land use map, including planned timing or sequence of development. If conditions have changed since the master plan was adopted, the consistency with recent development trends in the area shall be considered.

b.

Compatibility of all potential uses allowed in the zoning district(s) under the proposed conditional rezoning with the site's physical, geological, hydrological, and other environmental features.

c.

Compatibility of all potential uses allowed in the zoning district(s) under the proposed conditional rezoning with surrounding uses, densities, and zoning in terms of suitability, intensity, traffic impacts, aesthetics, infrastructure and potential influence on property values.

d.

Capacity of available utilities and public services to accommodate all potential uses allowed in the zoning district(s) under the proposed conditional rezoning without compromising the health, safety, and welfare of city residents or burdening the city or Kent County with unplanned capital improvement costs or other unplanned public expenses.

e.

Capability of the road system to safely and efficiently accommodate the expected traffic generated by all potential uses allowed in the zoning district(s) under the proposed conditional rezoning.

f.

The apparent demand for the types of potential uses allowed in the zoning district(s) under the proposed conditional rezoning in relation to the amount of land currently zoned and available in the city and surrounding communities to accommodate the demand.

g.

The boundaries of the proposed zoning district(s) in relationship to the surrounding area and the scale of future development on the site.

h.

The requested conditional rezoning will not create an isolated or incompatible zone in the area.

i.

Other factors deemed appropriate by the city commission.

(i)

Zoning district designation. If approved, the zoning classification of the rezoned land shall consist of the district to which the land has been rezoned accompanied by a reference to "CR" (conditional rezoning). For example, the official zoning map designation for a conditional rezoning to the C-2 district would be "C-2/CR."

(j)

Re-Application. Whenever a conditional rezoning application has been rejected by the city commission, a new application for the same amendment shall not be accepted by the city for a period of 365 calendar days unless the city determines that one or more of the following conditions has been met:

(1)

There is a substantial change in circumstances relevant to the issues or facts considered during review of the application.

(2)

The new application is materially different from the prior application.

(k)

Revert to former zoning. If the conditional zoning becomes void and of no effect, then by automatic reverter set forth in the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, the land shall revert to its former zoning classification, which shall be confirmed by resolution of the city commission.

(l)

Right to rezone. The city reserves the right to rezone a property that is subject to a conditional rezoning agreement, using the process set forth in the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)

(a)

Intent and scope.

(1)

To ensure compliance with the provisions of this chapter and any conditions imposed thereunder, the planning commission, zoning board of appeals, or city commission may require that a performance guarantee be deposited with the city to ensure faithful completion of improvements, in accordance with Section 505 of the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended.

(2)

Improvements for which the city may require a performance guarantee include, but are not limited to, landscaping, berms, walls, lighting, driveways and parking, traffic control devices, sidewalks, completion of construction in a timely fashion, wetlands disturbance, and land reclamation activities.

(b)

General requirements. The performance guarantee shall meet the following requirements:

(1)

The performance guarantee shall be in the form of an insurance bond, an irrevocable bank letter of credit, or cash escrow. Any such performance guarantee shall not have an expiration date and shall include a provision that calls for notification of the city if the bond is canceled. If the applicant posts a letter of credit, the credit shall require only that the city present the credit with a sight draft and an affidavit signed by the city manager attesting to the city's right to draw funds under the credit. The escrow funds shall be delivered directly to the city for deposit.

(2)

The performance guarantee shall be submitted at the time of issuance of the permit authorizing the activity or project. If appropriate, based on the type of performance guarantee submitted, the city shall deposit the funds in an interest-bearing account in a financial institution with which the city regularly conducts business.

(3)

The performance guarantee shall be 125 percent of the estimated cost of the improvements for which the performance guarantee is required. The applicant shall provide an itemized schedule of estimated costs to complete all such improvements. The exact amount of the performance guarantee shall be determined by the city engineer.

(4)

The entire performance guarantee shall be returned to the applicant following inspection by the city engineer and a determination that the required improvements have been completed satisfactorily. The performance guarantee may be released to the applicant in proportion to the work completed on various elements, provided that a minimum of ten percent shall be held back on each element until satisfactory completion of the entire project.

(5)

An amount not less than ten percent of the total performance guarantee may be retained for a period of at least one year after the installation of landscape materials to ensure proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification of the planning director that all landscape materials are being maintained in good health and condition and in accordance with this chapter.

(c)

Unsatisfactory completion of improvements. Whenever required improvements are not installed or maintained within the time stipulated or in accordance with the standards set forth in this chapter, and the required improvements are within a publicly held property or easement, the city may complete the necessary improvements itself or by contract to an independent developer, and assess all costs of completing said improvements against the performance guarantee. Prior to completing said improvements, the city shall notify the owner, applicant, or other firm or individual responsible for the completion of the required improvements.

(Ord. No. 24-674, § 2(Exh. A), 1-22-24)