17 - SITE PLAN REVIEW REQUIREMENTS AND PROCEDURES
Sections:
A.
It is the intent of this chapter to require site plan review and approval prior to issuance of a building permit for certain buildings, structures and uses to ensure that the arrangement, location, design and materials within a site are consistent with the character of the city and the goals and design guidelines in the city of Wixom master plan. In particular, the standards herein are intended to minimize negative impacts on natural resources, utility systems, public service delivery, traffic operations, adjacent neighborhood or district character and the character of future development.
B.
It is further the intent of this chapter to bring existing sites that do not conform with current standards of this title into greater conformity when uses change or an exterior renovation or expansion is proposed.
(Ord. 08-05 § 1 (part), 2008)
Construction and uses that require site plan, sketch plan or permit approval are listed in Table 17.02. Uses requiring site plan or sketch plan approval shall also be required to obtain a building permit, where required by the building code. A building permit shall not be issued until a site plan is approved in accordance with the procedures and standards set forth herein and all necessary review, inspection and permit fees have been fully paid. Certain construction shall also require review as specified by the city's engineering standards.
Table 17.02
Uses Requiring Site Plan Review
(Ord. 08-05 § 1 (part), 2008)
A.
Site Plan Review. When a site plan review is required in accordance with Section 18.17.020, an application shall be submitted to the building department, in accordance with the submittal schedule as provided by the building official. Upon submittal of the site plan, city staff will conduct a preliminary review for completeness and technical compliance of the application and compliance with zoning ordinance standards. The applicant shall have the opportunity to revise the site plan prior to review by the planning commission.
B.
Site Plan Application. The application shall include:
1.
A completed application form, available at the building department;
2.
Thirteen copies of the site plan;
3.
An application fee;
4.
Proof of ownership or evidence of a contractual ability to acquire the subject property;
5.
Information contained in Table 17.03.
Table 17.03
Site Plan Submittal Requirements
(Ord. 08-05 § 1 (part), 2008)
Based upon the following standards, the planning commission may deny, approve, or approve with conditions the site plan:
A.
Use. The proposed use must be permitted in the zoning district.
B.
Site Design Characteristics. All elements of the site plan shall be designed to take into account the site's topography, the size and type of lot, the character of adjoining property, the type and size of buildings, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter. The site shall be designed to conform to all provisions of this chapter.
C.
Building Design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion and color. High standards of construction and quality materials will be incorporated into the new development in accordance with the requirements of Section 18.14.010.
D.
Preservation of Significant Natural Features. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Insofar as practical, natural features and the site topography shall be incorporated into the proposed site design.
E.
Streets. All public and private streets shall be developed in accordance with the city of Wixom engineering design standards.
F.
Access, Driveways and Circulation. Safe, convenient, uncongested and well defined vehicular circulation within and to the site shall be provided and shall meet the following criteria:
1.
Drives, streets, parking and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points. The planning commission may require a traffic impact study for uses that are anticipated to generate more than one thousand trips per day or more than one hundred trips during the peak hour.
2.
All driveways shall meet the design and construction standards of the city.
3.
Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site.
4.
For uses having frontage and/or access on a major thoroughfare, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the provisions of Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.
G.
Vehicle Access. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access as required by the fire department and police department. Cross circulation in the form of shared driveways, service drives or parking lot connections shall be provided with adjacent uses where required by Section 18.15.050.
H.
Sidewalks, Pedestrian and Bicycle Circulation. Nonmotorized circulation shall be as provided in Section 18.14.030.
I.
Parking. The number and dimensions of off-street parking shall be sufficient to meet the minimum required by Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.
J.
Loading and Outdoor Storage. All loading and unloading areas and outdoor storage areas, including waste receptacles, shall be accessed and screened in accordance with Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.
K.
Waste Receptacles. Waste receptacles shall be provided, accessed and screened as required in Section 18.14.050.
L.
Lighting. Exterior lighting shall be provided and arranged in accordance with Section 18.14.040.
M.
Mechanical Equipment and Utilities. Mechanical equipment and utilities, including roof-, building- and ground-mounted, shall be screened in accordance with the requirements of Section 18.14.060.
N.
Landscaping. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions of Section 18.14.020.
O.
Utilities and Storm Water Management. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development. All utilities and stormwater management facilities shall be reviewed and approved by the city engineer.
P.
Noise. The site shall be designed, buildings so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts, and to comply with the city's noise ordinance.
Q.
Other Agency Reviews. The applicant shall provide documentation of compliance with other appropriate agency review standards, including, but not limited to, the Michigan Department of Environmental Quality (MDEQ), Michigan Department of Transportation (MDOT) and other federal, state and county agencies, as applicable.
R.
The city may require that other studies be provided, such as traffic impact studies, community impact statements or marketing studies if it is deemed necessary to properly evaluate the application and the proposed development's impact on the community.
(Ord. 08-05 § 1 (part), 2008)
A.
As part of an approval to any site plan, the planning commission may impose any additional conditions or limitations as may be necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.
B.
Conditions may also be imposed to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Such conditions shall be considered necessary by the planning commission to ensure compliance with the review standards, and necessary to meet the intent and purpose of this chapter.
C.
The conditions imposed on approval of a site plan run with the property and not with the owner of such property.
D.
A record of conditions imposed shall be recorded on the site plan and maintained by the city. The conditions shall remain unchanged unless an amendment to the site plan is approved by the planning commission.
E.
The building official shall require that the applicant revise and resubmit a site plan in compliance with the conditions imposed by the planning commission. Should resubmittal be required, all modifications shall be highlighted on the plan in such a manner that the modifications are easily identified.
(Ord. 08-05 § 1 (part), 2008)
A.
This section provides for an administrative review and approval by the building official of sketch plans for minor construction as noted in Section 18.17.020.
B.
The minimum contents of a sketch plan submitted for administrative review as required by Section 18.17.020 include:
Table 17.06
Administrative Sketch Plan Submittal Requirements
C.
If the administrative review consists of a review of an approved site plan with conditions by the planning commission, the complete site plan must be submitted with all revisions highlighted in such a manner that all modifications are easily identified.
D.
The building official may waive some of the above submittal requirements where not deemed necessary to determine compliance with the standards of this chapter.
E.
The building official may require additional information or a complete site plan for review by the planning commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts or sites experiencing significant problems with drainage, traffic, noise, aesthetics or other general health and safety issues.
(Ord. 08-05 § 1 (part), 2008)
All condominium plans must be provided in accordance with Chapter 16.12, Subdivision Procedure of Title 16, Subdivisions of the Municipal Code. Any additional information as required by this chapter shall also be provided.
(Ord. 08-05 § 1 (part), 2008)
A.
Start of Construction. Site plan approval is valid for a period of one year from the date of planning commission approval. A building permit must be issued and physical construction must commence within the one year period.
B.
Extensions. Upon written application prior to expiration, the planning commission may authorize an extension of the time limit of the site plan approval for a period not to exceed one year. The extension shall be based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period. The planning commission may require compliance with any amendments to the zoning ordinance since the site plan was originally approved.
C.
Expiration of Site Plan Approval. In cases where actual physical construction of a substantial nature of the structures authorized by a site plan approval has not commenced within one year of site plan approval and a written application for extension of the approval has not been filed as provided above, the site plan approval shall automatically become null and void and all rights thereunder shall terminate.
D.
Phased Development. For a development that is being constructed in phases, construction of subsequent phases must be diligently carried on towards completion. Where a phase is completed and receives a certificate of occupancy, then construction on the next phase must be initiated within one year of the certificate of occupancy on the previous phase for the site plan approval to remain valid. Extensions may be granted as provided for in subsection B of this section. Inactivity on developing future phases for more than one year shall without an extension shall result in expiration of the site plan approval and any further activity shall require a new site plan review and approval by the planning commission.
(Ord. 08-05 § 1 (part), 2008)
Amendments to the approved site plan may occur as follows:
A.
An applicant or property owner who has been granted site plan approval shall notify the building official of any proposed amendments to an approved site plan.
B.
Minor site plan amendments may be approved by the building official upon certification in writing to the planning commission that the proposed revision does not alter the basic design, compliance with the standards of this chapter, or any specified conditions of the plan as agreed upon by the planning commission.
C.
Should the building official determine that the requested modification to the approved site plan is not minor, a new site plan in accordance with the requirements of this chapter shall be submitted.
(Ord. 08-05 § 1 (part), 2008)
A.
It shall be the responsibility of the owner of the property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site plan approval was based, or until a new site design is approved. This maintenance requirement includes landscaping, walls, fences, pavement, pavement markings, building exterior, drainage facilities and all other elements of the approved site plan.
B.
Any property owner who fails to properly maintain an approved site plan and site design shall be deemed in violation of this title and the approved site plan and shall be subject to the penalties appropriate for a violation.
(Ord. 08-05 § 1 (part), 2008)
A.
The requirements set forth in this chapter shall apply to all uses, lots, sites and parcels that are developed, expanded or otherwise modified. Landscape plans shall be submitted as part of site plan review in accordance with Table 17.02.
B.
For changes of use and site alterations or building expansions, the planning commission shall determine the extent of improvement required in relation to the extent of change proposed. In particular the planning commission may require changes to improve public safety, closure or redesign of driveways, redesign or resurfacing of parking and loading areas, installation of curbing, replacement or additions to landscaping or screening, upgrades to lighting, relocation and enclosure of waste receptacles, and upgrades to the building exterior.
C.
A written development agreement specifying all the terms and understandings of the site plan approval shall be signed by the applicant and recorded with the city as a condition of approval. The content of the agreement shall be based on the extent of the proposed development, but shall at a minimum provide the following:
1.
A legal description for the site;
2.
General description of any improvements to roads or utilities. The cost of installing and maintaining all streets and the necessary utilities shall be assured by a means satisfactory to the city;
3.
Agreement to protect and maintain any landscaping, natural features or open space areas designated on the site plan;
4.
Agreement to comply with all conditions of site plan approval;
5.
The approved site plan shall be incorporated by reference and attached as an exhibit;
6.
Agreement by the applicant that the approval and any conditions imposed in the approval are legitimate, related to a need or burden imposed by the development, and are based on legitimate governmental interests;
7.
An agreement that the applicant shall obtain insurance required by the city, in an amount set by the city, and further indemnify the city with respect to the development and development activities;
8.
Costs associated with the agreement are the responsibility of the applicant and no building permits will be issued unless all costs have been paid for in full by the applicant.
(Ord. 08-05 § 1 (part), 2008)
17 - SITE PLAN REVIEW REQUIREMENTS AND PROCEDURES
Sections:
A.
It is the intent of this chapter to require site plan review and approval prior to issuance of a building permit for certain buildings, structures and uses to ensure that the arrangement, location, design and materials within a site are consistent with the character of the city and the goals and design guidelines in the city of Wixom master plan. In particular, the standards herein are intended to minimize negative impacts on natural resources, utility systems, public service delivery, traffic operations, adjacent neighborhood or district character and the character of future development.
B.
It is further the intent of this chapter to bring existing sites that do not conform with current standards of this title into greater conformity when uses change or an exterior renovation or expansion is proposed.
(Ord. 08-05 § 1 (part), 2008)
Construction and uses that require site plan, sketch plan or permit approval are listed in Table 17.02. Uses requiring site plan or sketch plan approval shall also be required to obtain a building permit, where required by the building code. A building permit shall not be issued until a site plan is approved in accordance with the procedures and standards set forth herein and all necessary review, inspection and permit fees have been fully paid. Certain construction shall also require review as specified by the city's engineering standards.
Table 17.02
Uses Requiring Site Plan Review
(Ord. 08-05 § 1 (part), 2008)
A.
Site Plan Review. When a site plan review is required in accordance with Section 18.17.020, an application shall be submitted to the building department, in accordance with the submittal schedule as provided by the building official. Upon submittal of the site plan, city staff will conduct a preliminary review for completeness and technical compliance of the application and compliance with zoning ordinance standards. The applicant shall have the opportunity to revise the site plan prior to review by the planning commission.
B.
Site Plan Application. The application shall include:
1.
A completed application form, available at the building department;
2.
Thirteen copies of the site plan;
3.
An application fee;
4.
Proof of ownership or evidence of a contractual ability to acquire the subject property;
5.
Information contained in Table 17.03.
Table 17.03
Site Plan Submittal Requirements
(Ord. 08-05 § 1 (part), 2008)
Based upon the following standards, the planning commission may deny, approve, or approve with conditions the site plan:
A.
Use. The proposed use must be permitted in the zoning district.
B.
Site Design Characteristics. All elements of the site plan shall be designed to take into account the site's topography, the size and type of lot, the character of adjoining property, the type and size of buildings, and the traffic operations of adjacent streets. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this chapter. The site shall be designed to conform to all provisions of this chapter.
C.
Building Design. The building design shall relate to the surrounding environment in regard to texture, scale, mass, proportion and color. High standards of construction and quality materials will be incorporated into the new development in accordance with the requirements of Section 18.14.010.
D.
Preservation of Significant Natural Features. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, alteration to the natural drainage courses, and the amount of cutting, filling and grading. Insofar as practical, natural features and the site topography shall be incorporated into the proposed site design.
E.
Streets. All public and private streets shall be developed in accordance with the city of Wixom engineering design standards.
F.
Access, Driveways and Circulation. Safe, convenient, uncongested and well defined vehicular circulation within and to the site shall be provided and shall meet the following criteria:
1.
Drives, streets, parking and other elements shall be designed to discourage through traffic, while promoting safe and efficient traffic operations within the site and at its access points. The planning commission may require a traffic impact study for uses that are anticipated to generate more than one thousand trips per day or more than one hundred trips during the peak hour.
2.
All driveways shall meet the design and construction standards of the city.
3.
Access to the site shall be designed to minimize conflicts with traffic on adjacent streets, particularly left turns into and from the site.
4.
For uses having frontage and/or access on a major thoroughfare, the number, design, and location of access driveways and other provisions for vehicular circulation shall comply with the provisions of Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.
G.
Vehicle Access. All buildings or groups of buildings shall be arranged so as to permit emergency vehicle access as required by the fire department and police department. Cross circulation in the form of shared driveways, service drives or parking lot connections shall be provided with adjacent uses where required by Section 18.15.050.
H.
Sidewalks, Pedestrian and Bicycle Circulation. Nonmotorized circulation shall be as provided in Section 18.14.030.
I.
Parking. The number and dimensions of off-street parking shall be sufficient to meet the minimum required by Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.
J.
Loading and Outdoor Storage. All loading and unloading areas and outdoor storage areas, including waste receptacles, shall be accessed and screened in accordance with Chapter 18.15, Off-Street Parking, Loading, Access and Circulation Requirements.
K.
Waste Receptacles. Waste receptacles shall be provided, accessed and screened as required in Section 18.14.050.
L.
Lighting. Exterior lighting shall be provided and arranged in accordance with Section 18.14.040.
M.
Mechanical Equipment and Utilities. Mechanical equipment and utilities, including roof-, building- and ground-mounted, shall be screened in accordance with the requirements of Section 18.14.060.
N.
Landscaping. Landscaping, landscape buffers and greenbelts shall be provided and designed in accordance with the provisions of Section 18.14.020.
O.
Utilities and Storm Water Management. Public water and sewer facilities shall be available or shall be provided for by the developer as part of the site development. All utilities and stormwater management facilities shall be reviewed and approved by the city engineer.
P.
Noise. The site shall be designed, buildings so arranged, and activities/equipment programmed to minimize the emission of noise, particularly for sites adjacent to residential districts, and to comply with the city's noise ordinance.
Q.
Other Agency Reviews. The applicant shall provide documentation of compliance with other appropriate agency review standards, including, but not limited to, the Michigan Department of Environmental Quality (MDEQ), Michigan Department of Transportation (MDOT) and other federal, state and county agencies, as applicable.
R.
The city may require that other studies be provided, such as traffic impact studies, community impact statements or marketing studies if it is deemed necessary to properly evaluate the application and the proposed development's impact on the community.
(Ord. 08-05 § 1 (part), 2008)
A.
As part of an approval to any site plan, the planning commission may impose any additional conditions or limitations as may be necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity.
B.
Conditions may also be imposed to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Such conditions shall be considered necessary by the planning commission to ensure compliance with the review standards, and necessary to meet the intent and purpose of this chapter.
C.
The conditions imposed on approval of a site plan run with the property and not with the owner of such property.
D.
A record of conditions imposed shall be recorded on the site plan and maintained by the city. The conditions shall remain unchanged unless an amendment to the site plan is approved by the planning commission.
E.
The building official shall require that the applicant revise and resubmit a site plan in compliance with the conditions imposed by the planning commission. Should resubmittal be required, all modifications shall be highlighted on the plan in such a manner that the modifications are easily identified.
(Ord. 08-05 § 1 (part), 2008)
A.
This section provides for an administrative review and approval by the building official of sketch plans for minor construction as noted in Section 18.17.020.
B.
The minimum contents of a sketch plan submitted for administrative review as required by Section 18.17.020 include:
Table 17.06
Administrative Sketch Plan Submittal Requirements
C.
If the administrative review consists of a review of an approved site plan with conditions by the planning commission, the complete site plan must be submitted with all revisions highlighted in such a manner that all modifications are easily identified.
D.
The building official may waive some of the above submittal requirements where not deemed necessary to determine compliance with the standards of this chapter.
E.
The building official may require additional information or a complete site plan for review by the planning commission, particularly for sites which do not comply with previously approved site plans, sites with parking deficiencies, sites abutting residential districts or sites experiencing significant problems with drainage, traffic, noise, aesthetics or other general health and safety issues.
(Ord. 08-05 § 1 (part), 2008)
All condominium plans must be provided in accordance with Chapter 16.12, Subdivision Procedure of Title 16, Subdivisions of the Municipal Code. Any additional information as required by this chapter shall also be provided.
(Ord. 08-05 § 1 (part), 2008)
A.
Start of Construction. Site plan approval is valid for a period of one year from the date of planning commission approval. A building permit must be issued and physical construction must commence within the one year period.
B.
Extensions. Upon written application prior to expiration, the planning commission may authorize an extension of the time limit of the site plan approval for a period not to exceed one year. The extension shall be based on evidence from the applicant that the development has a likelihood of commencing construction within the extension period. The planning commission may require compliance with any amendments to the zoning ordinance since the site plan was originally approved.
C.
Expiration of Site Plan Approval. In cases where actual physical construction of a substantial nature of the structures authorized by a site plan approval has not commenced within one year of site plan approval and a written application for extension of the approval has not been filed as provided above, the site plan approval shall automatically become null and void and all rights thereunder shall terminate.
D.
Phased Development. For a development that is being constructed in phases, construction of subsequent phases must be diligently carried on towards completion. Where a phase is completed and receives a certificate of occupancy, then construction on the next phase must be initiated within one year of the certificate of occupancy on the previous phase for the site plan approval to remain valid. Extensions may be granted as provided for in subsection B of this section. Inactivity on developing future phases for more than one year shall without an extension shall result in expiration of the site plan approval and any further activity shall require a new site plan review and approval by the planning commission.
(Ord. 08-05 § 1 (part), 2008)
Amendments to the approved site plan may occur as follows:
A.
An applicant or property owner who has been granted site plan approval shall notify the building official of any proposed amendments to an approved site plan.
B.
Minor site plan amendments may be approved by the building official upon certification in writing to the planning commission that the proposed revision does not alter the basic design, compliance with the standards of this chapter, or any specified conditions of the plan as agreed upon by the planning commission.
C.
Should the building official determine that the requested modification to the approved site plan is not minor, a new site plan in accordance with the requirements of this chapter shall be submitted.
(Ord. 08-05 § 1 (part), 2008)
A.
It shall be the responsibility of the owner of the property for which site plan approval has been granted to maintain the property in accordance with the approved site design on a continuing basis until the property is razed, or until new zoning regulations supersede the regulations upon which site plan approval was based, or until a new site design is approved. This maintenance requirement includes landscaping, walls, fences, pavement, pavement markings, building exterior, drainage facilities and all other elements of the approved site plan.
B.
Any property owner who fails to properly maintain an approved site plan and site design shall be deemed in violation of this title and the approved site plan and shall be subject to the penalties appropriate for a violation.
(Ord. 08-05 § 1 (part), 2008)
A.
The requirements set forth in this chapter shall apply to all uses, lots, sites and parcels that are developed, expanded or otherwise modified. Landscape plans shall be submitted as part of site plan review in accordance with Table 17.02.
B.
For changes of use and site alterations or building expansions, the planning commission shall determine the extent of improvement required in relation to the extent of change proposed. In particular the planning commission may require changes to improve public safety, closure or redesign of driveways, redesign or resurfacing of parking and loading areas, installation of curbing, replacement or additions to landscaping or screening, upgrades to lighting, relocation and enclosure of waste receptacles, and upgrades to the building exterior.
C.
A written development agreement specifying all the terms and understandings of the site plan approval shall be signed by the applicant and recorded with the city as a condition of approval. The content of the agreement shall be based on the extent of the proposed development, but shall at a minimum provide the following:
1.
A legal description for the site;
2.
General description of any improvements to roads or utilities. The cost of installing and maintaining all streets and the necessary utilities shall be assured by a means satisfactory to the city;
3.
Agreement to protect and maintain any landscaping, natural features or open space areas designated on the site plan;
4.
Agreement to comply with all conditions of site plan approval;
5.
The approved site plan shall be incorporated by reference and attached as an exhibit;
6.
Agreement by the applicant that the approval and any conditions imposed in the approval are legitimate, related to a need or burden imposed by the development, and are based on legitimate governmental interests;
7.
An agreement that the applicant shall obtain insurance required by the city, in an amount set by the city, and further indemnify the city with respect to the development and development activities;
8.
Costs associated with the agreement are the responsibility of the applicant and no building permits will be issued unless all costs have been paid for in full by the applicant.
(Ord. 08-05 § 1 (part), 2008)