(A) Intent and purpose. The Village of Kingsley finds that all development of land uses requires a site plan and site plan review. Site plans may be divided into two classifications: (1) Basic site plans and (2) Detailed site plans. A land use permit shall not be issued or authorized 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 paid in full.
(1) Basic site plans.
(a) Basic site plans are required for uses found in permitted use sections of the residential districts. Other uses, such as multiple family and apartment developments, will require a detailed site plan.
(b) For non-residential uses, a basic site plan will be required if there is no physical change in the existing structure or site conditions, merely a change in use. For new non- residential structures, a detailed site plan will be required.
(c) Basic site plans are generally considered to require less detail and need not to be drawn to scale, but must include the information required on the land use permit application, along with a legible drawing of the proposed site showing lot dimensions, setbacks, driveway location and other details deemed necessary by the village.
(d) Basic site plans may be reviewed and approved/denied by the Village Zoning Administrator without Planning Commission approval; however, if the Zoning Administrator believes additional review may be warranted, the Zoning Administrator may send a basic site plan to the Planning Commission for review and approval.
(2) Detailed site plans. Detailed site plans are required for new structures with non- residential uses as well as multiple family uses, planned unit developments (PUD), open space preservation and special land uses.
(B) Procedures and submittal requirements for site plans.
(1) Optional sketch plan review.
(a) Procedure for sketch plan review.
1. Preliminary sketches of proposed site and development plans may be submitted for review to the Village Zoning Administrator prior to final submittal of a basic site plan or detailed site plan.
2. This meeting will be informal and advisory only, and it is intended to better inform the developer of the acceptability and process of his/her proposed plans prior to incurring extensive engineering and other costs which might be necessary for final site plan review.
3. The Village Planning Commission shall not be bound by any tentative approval given at this time.
(b) Requirements for preliminary sketch plans. Preliminary sketch plans must include:
1. The name and address of the owner and applicant (if different than owner);
2. Property parcel number, street address, and legal description of the subject parcel of land;
3. Sketch plans showing tentative site and development plans; and
4. Disclosure of all intended uses on the site.
(2) Basic site plan review.
(a) Procedure for basic site plan application.
1. Request for basic site plan review shall be made by filing with the Village Zoning Administrator the following:
a. A application fee as determined by resolution of the Village Council, and if requested by the Zoning Administrator, an additional amount to be placed in escrow to cover review costs pursuant to the Village Resolution Establishing Fees for Reimbursable Expenses and § 152.228 (E).
b. Three copies of the completed application form, filled out in full by the applicant, including, at a minimum, all information required under § 152.228 (B)(2)(b).
2. All basic site plan applications shall be reviewed for completeness by the Zoning Administrator and/or village’s Planning Consultant.
a. If the basic site plan is determined to be incomplete, the Zoning Administrator shall return the site plan to the applicant with a written list of items needed to make the site plan complete.
b. If the basic site plan is determined to be complete, the Zoning Administrator shall review and act upon the application within 45 days of receipt of application.
c. If the Zoning Administrator believes additional review of a Basic Site Plan application is warranted, the Zoning Administrator shall:
i. Notify the applicant in writing of the Zoning Administrator's decision to send the complete application to the Planning Commission, as well as the date, time, and location of the review of his/her basic site plan application;
ii. Forward a copy of the basic site plan(s) to each member of the Planning Commission at least 1 week prior to the Planning Commission's meeting when the basic site plan is on the agenda;
iii. The applicant or a designate representative must be present at all scheduled review meetings or consideration of the site plan shall be tabled due to lack of representation. Absence at 2 consecutive meetings without prior notice to the Zoning Administrator may result in denial of the application. The Zoning Administrator may recommend to the Planning Commission Chairperson that the applicant’s architect, engineer, or landscape architect be required to be present at the meeting in order to address technical matters related to the application.
(b) Application requirements for a basic site plan. A basic site plan shall contain at a minimum the following information:
1. Applicant’s name, address, telephone number, and signature;
2. Property owner’s name, address, telephone number, and signature;
3. Parcel identification number of subject parcel;
4. Street address of the subject parcel of land;
5. Present zoning classification of subject parcel;
6. Present and proposed land use(s) for subject parcel;
7. Properly lines, setbacks, and parcel size;
8. Location of public and private rights-of-way and easements within and contiguous to the proposed development, which will be continued, created, relocated, abandoned, including grades and type of construction of those upon the site;
9. Itemization of existing manmade and natural features including buildings, trees, water bodies, wetlands and the like.
10. The location, height, distance between, and square footage of existing and proposed main and accessory buildings, and other existing structures;
11. Proposed and existing roads (pubic and private), access easements, sidewalks, bicycle paths, and other vehicular and pedestrian circulation features within and adjacent to the site;
12. Location and dimensions of driveways;
13. Any additional material and/or information necessary to evaluate the impact of the project upon adjacent properties and the general public, as may be requested by the Zoning Administrator or Planning Commission;
14. All necessary approvals from agencies such as soil erosion, health department, fire department, department of public works (DPW), Michigan Department of Transportation (MDOT) and the like;
15. North arrow and date of original submittal and last revision; and
16. Name, address, and phone number of the prepare of the plans.
(3) Detailed site plan review.
(a) Procedure for detailed site plan application.
1. Request for detailed site plan review shall be made by filing with the Village Zoning Administrator the following:
a. A application fee as determined by resolution of the Village Council, and, if requested by the Zoning Administrator, an additional amount to be placed in escrow to cover review costs pursuant to the Village Resolution Establishing Fees for Reimbursable Expenses and § 152.228(E).
b. Eleven copies of the completed application form, filled out in full by the applicant, including, at a minimum, all information required under § 152.228(B)(3)(b).
2. All detailed site plan applications shall be reviewed for completeness by the Zoning Administrator and/or Village’s Planning Consultant.
a. If the detailed site plan is determined to be incomplete, the Zoning Administrator shall return the site plan to the applicant with a written list of items needed to make the site plan complete.
b. If the detailed site plan is determined to be complete, the Zoning Administrator shall:
i. Determine whether any outside reviewer including Village Engineer, Planning Consultant, Attorney, or others will be asked to review the plan and provide written comments for the approving body’s consideration;
ii. Determine if the detailed site plan is to be reviewed and acted upon by the Planning Commission, and, if so, forward a copy of the detailed site plan(s) to each member of the Planning Commission at least 1 week prior to the Planning Commission’s meeting when the detailed site plan is on its agenda;
iii. Determine if the detailed site plan is to be reviewed and acted upon by the Zoning Board of Appeals, and, if so, forward a copy of the detailed site plan(s) to each member of the Zoning Board of Appeals at least 1 week prior to the Planning Commission’s meeting when the detailed site plan is on its agenda;
iv. Record the date of the next scheduled meeting of the approving body (Planning Commission or Zoning Board of Appeals);
v. Schedule the review of the detailed site plan within 45 days of the date of receipt of the plans and application by the Village Zoning Administrator;
vi. Notify the applicant in writing of the completeness of application, as well as the date, time, and place of the review of his/her detailed site plan application;
3. Applications shall be submitted by the owner of an interest in the land for which the detailed site plan approval is sought or the designated agent of said owner. The applicant or a designate representative must be present at all scheduled review meetings or consideration of the site plan shall be tabled due to lack of representation. Absence at 2 consecutive meetings without prior notice to the Zoning Administrator may result in denial of the application. The Zoning Administrator may recommend to the Planning Commission Chairperson that the applicant’s architect, engineer, or landscape architect be required to be present at the meeting in order to address technical matters related to the application.
(b) Application requirements for a detailed site plan. A detailed site plan shall contain at a minimum the following information:
1. Applicant’s name, address, telephone number, and signature;
2. Property owner’s name, address, telephone number, and signature;
3. Parcel identification number of subject parcel;
4. Street address of the subject parcel of land;
5. Legal description of the subject parcel of land;
6. Present zoning classification of subject parcel and adjacent parcels and, when applicable, parcels across rights-of-way;
7. Present and proposed land use(s) for subject parcel;
8. A vicinity map showing the subject parcel in relation to the surrounding area with sufficient detail;
9. Applicant’s statement demonstrating compatibility with surrounding uses;
10. Statements regarding the project impacts on existing infrastructure (including traffic circulation patterns and local traffic volumes, schools, and existing utilities), emergency service requirements, and on the natural environment on and adjacent to the site;
11. A scaled drawing of the site (minimum 1" - 50'), including property lines, setbacks, and area of the subject parcel of land stated in acres or, if less than 1 acre, in square feet;
12. Location of public and private rights-of-way and easements within and contiguous to the proposed development, which will be continued, created, relocated, abandoned, including grades and type of construction of those upon the site;
13. Topography of the existing site and its relationship to adjoining properties shown at a 1-foot contour interval;
14. Itemization of existing manmade and natural features including buildings, trees, water bodies, wetlands and the like.
15. The location, height, distance between, and square footage of existing and proposed main and accessory buildings, and other existing structures;
16. Building elevations and detailed floor plans;
17. Percentage of land covered by buildings and impervious surfaces and that which is reserved for open space;
18. Dwelling unit density (where applicable), including number of units and composition;
19. Proposed and existing roads (pubic and private), access easements, sidewalks, bicycle paths, and other vehicular and pedestrian circulation features within and adjacent to the site;
20. Location and dimensions of curb cuts, acceleration/deceleration and passing lanes (when required);
21. Parking plan (when required), including the number of required spaces, actual spaces to be provided, number and location of ADA accessible parking spaces, loading/unloading service areas;
22. Location of water supply lines, and the location and design of storm sewers, retention or detention ponds, waste water/sanitary sewer lines, clean out locations, connection points and treatment systems;
23. Proposed earth changes shown at a 1-foot contour interval;
24. Sidewalks; fence location, materials, and elevations; dumpster location and materials and elevations of dumpster screening and landscaping;
25. Location, size, and specifications of all signs and advertising features, including cross sections;
26. Locations of exterior lighting with the area of illumination illustrated as well as the type of fixture and shielding to be use;
27. Snow storage or snow management plan;
28. Location of fire hydrants and emergency vehicle access plan;
29. Any additional material and/or information necessary to evaluate the impact of the project upon adjacent properties and the general public, as may be requested by the Zoning Administrator or Planning Commission;
30. All necessary approvals from agencies such as soil erosion, health department, fire department, department of public works (DPW), Michigan Department of Transportation (MDOT) and the like.
31. North arrow and date of original submittal and last revision;
32. Name, address, and phone number of the prepare of the plans;
33. Seal or certification of the registered engineer, architect, landscape architect, surveyor, or planner who prepared the plan;
(C) Criteria for review of site plans. All applications for basic site plan and detailed site plan approval shall be reviewed for compliance with the standards and requirements of this section. Only when satisfied that the application meets all such standards and requirements shall the Zoning Administrator or Planning Commission, as applicable, approve said application. The Zoning Administrator or Planning Commission, as applicable, will review site plans for the following:
(1) Adequacy of information. The site plan shall include all required information in sufficiently complete and understandable form to provide an accurate description of the proposed use(s) and structure(s).
(2) Vehicular and pedestrian circulation layout. The arrangement of public or common ways for vehicular and pedestrian circulation shall respect the pattern of existing or planned streets and pedestrian or bicycle pathways in the area. The width of streets and drives shall be appropriate for the volume of traffic they will carry. There is also a proper relationship between the existing streets and highways within the vicinity and proposed deceleration lanes, service, drive, entrance and exit driveways, and parking areas to assure the safety and convenience of pedestrian and vehicular traffic, and proposed streets and access plan conforms to any street or access plan adopted by the village or the County Road Commission.
(3) Buildings. Buildings and structures will meet or exceed setback standards, height, and other dimensional standards, and be located to preserve environmentally sensitive areas. Redevelopment of existing structures shall meet or exceed all standards for which a variance has not been obtained. Also, the buildings, structures, and entryways thereto proposed to be located upon the premises are so situated and designed as to minimize adverse effects there from upon owners and occupants of adjacent properties and the discharge of storm waters.
(4) Preservation of natural areas. 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. As many natural features of the landscape shall be retained as possible, particularly, where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes and where they assist in preserving the general appearance of the neighborhood or help control erosion or the discharge of storm waters. Impervious surfaces have been limited on the site to the greatest extent practical.
(5) Privacy. The site design shall provide reasonable visual and sound privacy for dwelling units located therein and adjacent thereto. Fences, walks, barriers, and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants. Any adverse effects of the proposed development and activities emanating there from upon adjoining residents or owners shall be minimized by appropriate screening, fencing, and/or landscaping.
(6) Other approvals. All provisions of this section are complied with unless an appropriate variance there from has been granted by the Village Zoning Board of Appeals.
(7) Site design characteristics. All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of lot, the character of adjoining property, and the type and size of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted by this section. The site shall be designed to conform to all provisions of this section. Redevelopment of existing sites shall be brought into conformance with all site improvement provisions of this section which are relative to and proportionate to the extent of redevelopment, as determine by the Planning Commission.
(8) Emergency vehicle access. All buildings and structures shall be arranged so as to permit emergency vehicle access by some practicable means to all vehicles.
(9) Drainage and soil erosion. Stormwater management system and facilities shall preserve the natural drainage characteristics and enhance the aesthetics of the site to the maximum extent possible and shall not substantially reduce or increase the natural retention or storage capacity of any wetland, water body, or water course, or cause alterations which could increase flooding or water pollution on or off the site. The proposed development shall include measures to prevent soil erosion and sedimentation.
(10) Exterior lighting. Exterior lighting shall be designed so that it is deflected away from adjacent properties and so that it does not impede the vision of drivers on public streets. Any exterior lighting must be consistent with § 152.222 (Night Sky).
(11) Public services. The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished by or that may be required of the village or other public agency including, but not limited to, fire and police protection, stormwater management, sanitary sewage removal and treatment, traffic control and administrative services.
(13) Hazardous materials. Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals shall be designed to prevent spills and discharges of polluting materials to the surface of the ground, groundwater, and nearby surface water bodies. Such sites shall be designed to meet all applicable state and federal regulations.
(14) Traffic impact. The expected volume of traffic to be generated by the proposed use shall not adversely impact existing roads and the circulation thereon.
(D) Action on application and site plans.
(1) Basic site plans.
(a) The Zoning Administrator shall review the application for basic site plan review, and the Zoning Administrator shall then make a determination based solely on the requirements and standards of this section. The Zoning Administrator is authorized to grant approval, approval subject to revisions, or denial as follows:
1. Approval. Upon determination that a basic site plan is in compliance with the standards and requirements of this section and other applicable ordinances and laws, approval shall be granted subject to the applicant providing copies of all required outside agency approvals.
2. Approval subject to revisions. Upon determination that basic site plan is in compliance except for minor revisions, said revisions shall be identified and the applicant shall be given the opportunity to correct the site plan prior to applying for a building permit. The applicant shall resubmit the basis site plan, accompanied by a complete list of all changes, certified by the applicant’s design professional (if applicable), to the Zoning Administrator for final approval after said revisions have been completed. The Zoning Administrator shall approve the resubmitted plan if all required revisions have been addressed and copies of any permits required by outside agencies have been provided. The applicant shall have no more than 90 days to re-submit Basic Site Plans containing all required revisions to the Zoning Administrator. If all required revisions are not submitted within 90 days, the Zoning Administrators approval subject to revisions shall become null-and-void.
3. Denial of approval. Upon determination that a basic site plan does not comply with standards and regulations set forth in this section or requires extensive revision in order to comply with said standards and regulations, the Zoning Administrator shall deny site plan approval. The applicant must revise the basic site plan and resubmit if the applicant is still interested in pursuing the project. A re-submittal shall be considered a new site plan and be required to re-initiate the entire basic site plan review process.
(b) A land use permit shall not be issued or authorized until a basic site plan is approved in accordance with the procedures and standards set forth herein and all necessary review, inspection, and permit fees have been paid in full.
(c) An approved site plan shall be valid for a period of 1 year from the date of approval. If construction or the permitted use has not commenced and proceeded meaningfully toward completion by the end of this 1 year, the site plan approval shall expire. The Village Zoning Administrator may, at its discretion, extend an approved basic site plan for 1 additional year if requested to do so in writing by the applicant and if there is good reason to believe that the applicant will in fact commence construction of the permitted use and proceed meaningfully toward completion by the end of the second year.
(2) Detailed site plans.
(a) The Planning Commission shall review the application for detailed site plan review, together with the reports and recommendations from the Zoning Administrator, Village Planner, Village Attorney, Village Engineer, Department of Public Works, Fire Chief, Police Chief, and other reviewing agencies, as appropriate. The Planning Commission shall then make a determination based solely on the requirements and standards of this section. The Planning Commission is authorized to table, grant approval, approval subject to revisions, or denial as follows:
1. Table. The application may be tabled if it is determined to be incomplete, the applicant has not fully responded to deficiencies identified during the preliminary review, an ordinance interpretation or variance is needed from the Zoning Board of Appeals, or revisions are necessary to bring the detailed site plan into compliance with applicable standards and regulations. The Planning Commission shall direct the applicant to prepare additional information, revise the detailed site plan, or direct the village staff to conduct additional analysis. The applicant shall be required to prepare revised detailed site plans accompanied by a complete list of all changes, certified by the applicant’s design professional. Amended plans or other material which show a diligent effort to address all reasons for tabling, as determined by the Chairman of the Planning Commission or designee, shall be placed on the agenda of the Planning Commission for further review and action.
2. Approval. Upon determination that a detailed site plan is in compliance with the standards and requirements of this section and other applicable ordinances and laws, approval shall be granted subject to the applicant providing copies of all required outside agency approvals.
3. Approval subject to revisions. Upon determination that a detailed site plan is in compliance except for minor revisions, said revisions shall be identified and the applicant shall be given the opportunity to correct the detailed site plan prior to applying for a building permit. The applicant shall re-submit the detailed site plan, accompanied by a complete list of all changes, certified by the applicant's design professional, to the Planning Commission for final approval after said revisions have been completed. At its discretion, the Planning Commission may waive its right to review the revised detailed site plan and instead authorize the Zoning Administrator to review and approve the re-submitted detailed site plan if all required revisions have been addressed and copies of any permits required by outside agencies have been provided. The Planning Commission may set a maximum time frame, not to exceed 90 days, for detailed site plans containing all required revisions to be resubmitted to the Zoning Administrator. If all required revisions are not submitted within the maximum time frame set, Planning Commission approval shall become null-and-void.
4. Denial of approval. Upon determination that a detailed site plan does not comply with standards and regulations set forth in this section, requires extensive revision in order to comply with said standards and regulations, or the applicant has not satisfactorily addressed all reasons for site plan tabling, site plan approval shall be denied. The applicant must revise the detailed site plans and resubmit if the applicant is still interested in pursuing the project. A re-submittal shall be considered a new detailed site plan and be required to re-initiate the full detailed site plan review process.
(b) A land use permit shall not be issued or authorized until a detailed site plan is approved in accordance with the procedures and standards set forth herein and all necessary review, inspection, and permit fees have been paid in full.
(c) An approved site plan shall be valid for a period of 1 year from the date of approval. If construction or the permitted use has not commenced and proceeded meaningfully toward completion by the end of this 1 year, the site plan approval shall expire. The Planning Commission may, at its discretion, extend an approved detailed site plan for 1 additional year if requested to do so in writing by the applicant and if there is good reason to believe that the applicant will in fact commence construction of the permitted use and proceed meaningfully toward completion by the end of the second year.
(3) Amendment of site plan.
(a) A proposed amendment, modification, or alteration to a previously approved basic site plan or detailed site plan shall be submitted to the Village Zoning Administrator for review in the same manner as the original application was submitted and reviewed except:
1. Non-material deviation from the site plans issued by the Village Council or the Planning Commission are permissible and the Zoning Administrator may authorize such non-material deviations. A deviation is non-material if it will result in no discernable changes or impact on or to the neighboring properties, the general public, or those intended to occupy or use the proposed improvements to the property.
2. Minor design modification to changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
(b) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Village Council or Board of Appeals, new conditions may be imposed in accordance with § 152.228(B) but the applicant retains the right to reject such additional conditions by withdrawing his/her request for an amendment and may then proceed in accordance with the previously issued permit.
(c) The Zoning Administrator and/or Village Planner shall determine whether amendments to and modifications of permits fall within categories set forth in divisions (B)(3)(a) and (B)(3)(b).
(d) A developer requesting approval of changes shall submit a written request for such approval to the Zoning Administrator and that request shall identify all the changes. Approval of all changes must be given in writing.
(E) Security requirement. The village may defray costs of certain site plan reviews, if such review requires the expertise of professional services. If the Planning Commission or Zoning Board of Appeals determines that the review of an application requires the examination of a qualified professional such as a professional planner, engineer, attorney, or other such professional, then the applicant shall deposit with the Village Treasurer such additional zoning fees in an amount determined by the Planning Commission or Zoning Board of Appeals equal to the estimated additional costs. The additional zoning fees shall be held in escrow in the applicant’s name and shall be used solely to pay the additional costs of review. If the amount in escrow becomes less than 10% of the initial escrow deposit or less than 10% of the latest additional escrow deposit and review of the application or decision on the appeal is not completed, then the Planning Commission or Zoning Board of Appeals may require the applicant to deposit additional fees into escrow in an amount determined by the Planning Commission or Zoning Board of Appeals to be equal to the estimated costs to complete the review or decide the appeal. Failure of the applicant to make any escrow deposit required under this section shall be deemed to make the application incomplete or the appeal procedurally defective thereby justifying the denial of the application or the dismissal of the appeal. Any unexpected funds held in escrow shall be returned to the applicant following final action on the application or the final decision on the appeal. Any actual costs incurred by the village in excess of the amount held in escrow shall be billed to the applicant and shall be paid by the applicant prior to the issuance of any permit or the release of a final decision on an appeal.
(Ord. passed 10-23-1978, § 15.09; Am. Ord. 2002-6, passed 9-9-2002; Am. Ord. 2004-3, passed 2-23-2004; Am. Ord. 2006-1, passed 7-10-2006; Am. Ord. passed 7-9-2018) Penalty, see § 152.999