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(A) The Planning Commission in making its determination shall review the final site plan and find the following prior to approval:
(1) Compliance with the requirements of this chapter and other applicable village ordinances.
(2) Compliance with any applicable comments received from reviewing village officials, support professionals or public agencies.
(3) Compliance with other applicable state and federal statutes and standards.
(B) General standards. In reviewing an application for final site plan review, the following standards shall be met:
(1) The site shall be developed so as not to hinder the normal and orderly development or improvement of surrounding property for uses permitted in this chapter.
(2) All buildings or groups of buildings shall be arranged as to permit emergency vehicle access by some practical means to all sites. Safe, convenient, uncongested, and well-defined vehicular and pedestrian circulation shall be provided for ingress/egress points and within the site. Drives, streets and other circulation routes shall be designed to promote safe and efficient traffic operations within the site and at ingress/egress points.
(3) Every structure or dwelling unit shall have access to a private street, public street, walkway or other areas dedicated to common use. The arrangement of public or private vehicular and pedestrian connections to existing or planned streets in the area shall be planned to provide a safe and efficient circulation system for traffic within and around the Village of Fowler.
(4) Appropriate measures shall be taken to ensure that removal of surface waters will not adversely affect neighboring properties, the village, or the county's storm drainage system.
(5) Provisions shall be made for the construction of storm sewer facilities including grading, gutters, piping and treatment of turf to handle storm water, prevent erosion and the formation of dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicle or pedestrian traffic or create standing water in paved areas.
(6) Secondary containment for above ground areas where hazardous substances are stored or used shall be provided. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substances.
(7) General purpose floor drains shall only be allowed if they are approved by the Village's Department of Public Works for a connection to a public sewer system, an on-site closed holding tank (not a septic system), or regulated through a State of Michigan groundwater discharge permit.
(8) State and federal agency requirements for storage, spill prevention, record keeping, emergency response, transport and disposal of hazardous substances shall be met. No discharges to groundwater, including direct and indirect discharges, shall be allowed without permits and approvals.
(9) Removal or alteration of significant natural features shall be restricted to those areas which are reasonably necessary to develop the site in accordance with the requirements of this chapter. The Planning Commission may require that landscaping, buffers, and/or greenbelts be preserved and/or provided to ensure that proposed uses will be adequately buffered from one another and from surrounding public and private property.
(A) Upon approval of the final site plan, the Planning Commission Chair, or the Chair's designee, shall sign three copies. One signed copy shall be made a part of the village's files; one copy of the final site plan shall be forwarded to the Building Official for issuance of a building permit; and one copy shall be returned to the applicant.
(B) Each development shall be under construction within one year after the date of approval of the final site plan, except as noted in this section.
(1) An applicant may request from the Planning Commission one six month extension of the final site plan approval. Any request for extension must be applied for in writing prior to the date of the expiration of the final site plan. Such request may only be granted provided that:
(a) The applicant presents reasonable evidence that development has encountered unforeseen difficulties beyond the control of the applicant; and
(b) The site plan requirements and standards, including those of the Zoning Ordinance, that are reasonably related to said development have not changed.
(2) Should neither of the provisions of division (B) of this section be fulfilled, or a six month extension has expired without construction having been started and proceeding meaningfully, the final site plan approval shall be null and void.
(C) Amendments to an approved final site plan may occur only under the following circumstances:
(1) The holder of a valid final site plan approval shall notify the Zoning Administrator of any proposed amendment to such approved site plan.
(2) Minor changes may be approved by the Zoning Administrator upon certification in writing to the Planning Commission that the proposed revision does not alter the basic design nor any specified conditions of the plan as agreed upon by the Planning Commission. The Zoning Administrator shall consider the following to be a minor change:
(a) Reduction of the size of any building and/or sign.
(b) Movement of buildings and/or signs by no more than ten feet, provided that such movement does not cause a violation of this chapter.
(c) Landscaping approved in the site plan that is replaced by similar landscaping to an equal or greater extent.
(d) Changes in floor plans which do not alter the character of the use or increase the amount of required parking.
(e) Internal rearrangement of a parking lot which does not affect the number of parking spaces or alter access locations or design.
(f) Changes required or requested by the village as it relates to their roads within the village or a Clinton County department for safety reasons.
(3) Should the Zoning Administrator determine that the requested modification to the approved final site plan is not minor, a new site plan shall be submitted and reviewed as required by this subchapter.
(D) Certification of compliance. At final inspection or at other appropriate times the Zoning Administrator shall certify whether all conditions and other requirements of the Planning Commission in its approval of the final site plan have been fulfilled.
A person aggrieved by the decision of the Planning Commission with respect to an action regarding the final site plan may have that decision reviewed by the Board of Zoning Appeals; provided the petition for appeal is filed with the Village Clerk within 20 days of the Planning Commission decision.
SPECIAL LAND USES
(A) This subchapter is intended to respond to the functions and characteristics of an increasing number of new kinds of land uses, combined with conclusive experience regarding some of the older, familiar kinds of uses, which call for a more flexible and equitable procedure for properly accommodating these activities in the community. Rather than assigning all uses to special, individual, and limited zoning districts, it is important to provide control and reasonable flexibility in requirements for certain kinds of uses that will allow practical latitude for the applicant, but will maintain adequate provision for the security of the health, safety, convenience, and general welfare of the community's inhabitants.
(B) In order to accomplish this dual objective, provisions are made in this chapter for a more detailed consideration of each specified activity as it may relate to proposed conditions of location and design, size, operation, intensity of use, generation of traffic and traffic movements, concentration of population, processes and equipment employed, amount and kind of public facilities and services required, together with many other possible factors.
(C) Land and structure uses possessing these particularly unique characteristics are designated as special land uses and may be authorized by the issuance of a special land use permit, which contains conditions and safeguards necessary for the protection of the public welfare.
(D) The following sections, together with previous references in other subchapters of this chapter, designate those uses requiring a special land use permit. With any noted exceptions, the procedures for obtaining such a special land use permit shall apply to all special land uses indicated.
(A) Application procedures.
(1) An application for a special land use deemed to be complete, according to the requirements of division (A)(2) of this section shall be submitted within a reasonable period of time, determined by the Zoning Administrator, prior to the next scheduled Planning Commission meeting through the Zoning Administrator. The Zoning Administrator, or appointee, will review the application materials to ensure that the requirements of this section are met, then transmit it to the Planning Commission.
(2) An application for a special land use shall not be considered complete until all of the following materials have been submitted and deemed complete by the Zoning Administrator or appointee:
(a) A completed application form, as provided by the village. The application shall be signed by an owner of, or person having an interest in, the property to be developed, or an authorized representative.
(b) Suitable number of copies of the preliminary or final site plan meeting the requirements of § 152.192.
(c) Payment of a fee, in accordance with a fee schedule, as determined by Village Council resolution.
(d) A legal description, including the permanent parcel number, of the subject property.
(e) A statement with supporting evidence regarding the required findings as specified in § 152.213.
(f) Other materials as may be required in this subchapter, the Zoning Administrator, Planning Commission, or Village Council.
(3) An application shall not be accepted until all required materials are provided. Incomplete applications shall be returned to the applicant with an indication of the items necessary to make up a complete application.
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