Whenever submittal of a site plan shall be required in this Zoning Code, either as stipulated in the individual zoning districts, or elsewhere in this Zoning Code, including this section, certain requirements and procedures as herein set forth shall be followed.
(a) Intent. For the purpose of promoting and protecting the public health, safety, convenience and general welfare of the inhabitants of the City of Southgate, and for the preservation of its land resources, and to encourage quality development and redevelopment in the City, provision is made herein for the submission and review of site plans.
(b) Necessity. The requirements for site plans and the procedure for reviewing site plans, is essential for the review of proposed new development and redevelopment in the City. The procedure is also necessary to promote design compatibility between land uses in terms of internal and external considerations and for compliance with the requirements of this Zoning Code. To achieve these ends, certain basic drawings, plans and pertinent site development data shall be required as herein set forth.
In those instances where the City of Southgate, its administrative staff, or the Southgate Planning Commission, is authorized to review and act upon requests to develop and/or redevelop land in the City, the City, its administrative staff or the Planning Commission may require the applicant or the applicant's representative(s) to furnish statements, surveys, reports or plans, or other information involving on-premises or off-premises conditions that, in their judgment, may be impacted by the type of development and/or redevelopment proposed for the site.
(c) Site Plan Required. A site plan shall be required for review by the City before issuance of a building permit. Preparation and submission of a site plan shall be required for any of the following uses:
(1) Two-family and multiple-family residential dwellings.
(2) Any nonresidential use permitted in a residential district.
(3) New office, commercial or industrial buildings.
(4) Additions to an existing nonresidential building for which:
A. Additional off-street parking is required; or
B. Required off-street parking would be lost as a result of the addition.
(5) Any use or uses permitted as a conditional use or a use permitted subject to special conditions in this Zoning Code.
(6) Any public building or public utility building.
(7) Any revisions to previously approved site plans.
(8) Any buildings and/or use for which a site plan is required as set forth in this Zoning Code.
(d) Supporting Documents. The Building Department or the Planning Commission, in the course of reviewing a site plan, may, at its discretion, require the applicant to submit such surveys, plans, reports, documentation or other information it deems necessary in the review of a site plan. Such reports and other documentation may include, but are not necessarily limited to, traffic impact statements as outlined in paragraph (j)(1)E. hereof, environmental impact statements, or documentation establishing that the use proposed for the site will not adversely impact surrounding properties or the City of Southgate, in general, with regard to certain performance standards. Performance standards include maintaining the quality of air and controlling vibration, noise and odors in accordance with minimum performance standards set forth and regulated by the State of Michigan.
(e) Applicant Responsibility. Before preparing a site plan as required in paragraph (c)(1) hereof, the applicant or the applicant's representative shall:
(1) Obtain a copy of the City Zoning Ordinance, Zoning Map and Site Plan Information Checklist. Copies of the Zoning Ordinance, Zoning Map and the Site Plan Information Checklist may be obtained from the office of the City Clerk for a fee established by the City Council. Fees for these documents shall be payable to the office of the City Treasurer. These fees must be paid before the documents may be released by the office of the City Clerk to the applicant or the applicant's representative.
(2) Determine if the use proposed for the site is permitted based on the zoning in the district where the site is located. The applicant may seek assistance from the City in determining if the proposed use is permitted in the district.
(3) Familiarize himself or herself with the general requirements of the Southgate Zoning Ordinance. Particular attention shall be given to the requirements of the Zoning Ordinance pertaining to:
A. Building height and building bulk limitations;
B. Building setback requirements;
C. Dwelling density limitations by residential zoning district;
D. Numerical off-street parking requirements and parking space layout standards;
E. Loading and unloading requirements;
F. Landscaping requirements;
G. Sign control standards; and
H. Exterior building wall materials guidelines.
(4) Become aware of which review process the applicant's site plan will proceed through. The alternative processes for reviewing site plans may be found in paragraphs (i)(3) and (i)(5) hereof. The applicant may seek the assistance of the Building Department in making this determination but representation by any City official or employee shall not change the valid zoning use.
(5) Become aware of the scheduling deadlines involved in submitting site plans in time to be reviewed by the Building Department, or by the Planning Commission at its next regularly scheduled meeting. Scheduling times are set forth in paragraph (i)(1) hereof.
(6) Become aware of the information required to be provided on site plans as set forth in subsection (g) hereof. Additional copies of the checklist may be obtained from the Building Department or the office of the City Clerk.
(7) Supply the proper number of site plans and supporting documents as set forth in subsection (h) hereof.
(8) Establish a site plan review escrow account with the office of the City Treasurer. The amount of the escrow account shall be in accordance with the fee schedule set by City Council.
(f) Site Plan Preparation; Drawings. The applicant shall prepare, or have prepared, a site plan in accordance with the following requirements. All site plans shall be drawn to the correct engineer scale, except floor plans and exterior building wall elevation drawings, which shall be drawn to the correct architect scale. All drawings shall contain all applicable information as set forth in subsection (g) hereof. Site plan submittals shall include:
(1) An existing conditions drawing;
(2) A plan view drawing;
(3) Site engineering drawings, as required by the City's consulting engineers;
(4) A landscape design plan;
(5) Floor plans;
(6) Exterior building wall elevation drawings; and
(7) Detail cross section drawings, as required.
(g) Site Plan Information. All site plans submitted for review by the City shall contain the following applicable information on uniform paper sheets not exceeding twenty-four inches by thirty-six inches in size.
(1) All sheets. All site plan drawings shall contain the following information:
A. Name of the proposed development;
B. Name, address, telephone and facsimile number of:
1. The developer;
2. The legal owner; and
3. Site plan design firm(s); and
C. Scale of drawing.
(2) Existing conditions drawing. An existing conditions drawing shall be prepared at an engineer scale of not less than one inch equals fifty feet, and shall include the following information:
A. The north point;
B. The designer's registration number and seal;
C. A complete legal description of the premises, including:
1. Gross number of acres; and
2. Net usable acres.
D. A vicinity sketch showing the location of the site and its surrounding area. This drawing need not be drawn to scale.
E. All buildings, structures or ruins existing on the site;
F. All underground and above-ground public utility easements and what they are;
G. Private easements;
H. Topography at two-foot intervals;
I. Trees over six inches in diameter measured six inches above the ground at the base of the tree. In the case of a grove or timber of trees, an outline of the tree cover will suffice.
J. The outline of any wetland areas; and
KAll peripheral site dimensions.
(3) Plan View Drawing. A plan view drawing shall be drawn to an engineer scale of not less than one inch equals fifty feet, and shall include the following information:
A. The north point;
B. The designer's registration number and seal;
C. A vicinity sketch, if not provided on the existing conditions drawing;
D. The location and width of all proposed in-ground and above-ground public and private utility easements;
E. The existing zoning classification of the site;
F. The existing zoning classification of abutting properties;
G. The existing land use of abutting properties;
H. All existing buildings and structures within 100 feet of the development site;
I. The location of proposed buildings and structures to be erected on the development site;
J. The heights of all proposed buildings and structures. This information may be provided on the exterior building wall elevation drawings.
K. The location of all off-street parking spaces, including required handicapped parking spaces, vehicle maneuvering lanes and service drives;
L. The location of loading and unloading facilities;
M. The location of all driveways, drives, turning lanes, acceleration and deceleration lanes, as well as marginal access service drives if needed. Any site located adjacent to a county or state road right-of-way and accessing same, shall be required to submit a geometric review approval from the appropriated agency;
N. The locations of all drives, driveways and intersections across abutting streets and alleys from the development site;
O. The names of all abutting streets and freeways, along with their pavement widths, center lines and projected right-of-way lines;
P. The location of all sidewalks; and
Q. Critical site dimensions:
1. Along property lines;
2. Between buildings and between buildings and structures and between structures;
3. Between buildings or structures and property lines;
4. Between off-street parking and buildings and structures;
5. Between off-street parking and property lines;
6. Off-street parking bay length and width;
7. Vehicle maneuvering lane/service drive widths;
8. Curb radius at entrances;
9. Between buildings, structures or parking spaces and storm water detention or retention ponds or basins;
10. The location of any outdoor storage area(s);
11. The location of any trash receptacle(s);
12. The location of all peripheral screen walls or earth berm screens, including trash receptacle screen walls;
13. The location of any free-standing ground or pylon signs; and
14. The location of all exterior lighting fixtures, including information regarding the height of the fixture, the type of luminary to be used and its wattage.
(4) Site engineering drawings.
A. Site plans that do not require review by the Planning Commission shall be prepared in accordance with the City's Plan Review and Site Plan Design Standards for New Construction and Site Alteration Manual.
B. Site plans requiring review by the Planning Commission shall include preliminary site engineering drawings in accordance with the following requirements and, upon site plan approval by the Planning Commission, final site engineering drawings prepared in conformance with the City's Plan Review and Site Plan Design Standards for New Construction and Site Alteration Manual shall be submitted to the Building Department:
1. Plans shall be submitted on twenty-four inch by thirty-six inch white prints, having blue or black lines. Only engineering scales may be used on site engineering plans, and shall be prepared at a scale of not less than one inch equals fifty feet.
2. Should the size of the site prohibit the entire site from being shown on a single sheet, a one inch equals 100 feet or one inch equals 200 feet general plan is to be provided. The general plan should show the streets and their names, pavements, all building units, all utilities and site dimensions.
3. All existing and proposed water mains, sanitary sewers and storm sewers shall be shown. The size of the existing utilities shall also be noted on the plan.
4. The location of all proposed fire hydrants, catch basins, inlets and manholes shall be shown on the plan.
5. All proposed pavements and buildings and existing pavements and buildings which are to remain in place, are to be shown.
6. Drainage arrows indicating the drainage patterns and grading shall be shown.
7. The plan is to contain a minimal amount of proposed elevations to indicate the general grading of the site and the compatibility with existing and adjoining grading.
8. If on-site detention is required, it shall be noted on the plan. If detention is to be provided by a basin, the location and approximate size of the basin shall be shown. If fencing of the basin is required in accordance with the City's ordinance, it shall be shown on the plan. If detention is to be provided by any other means than a basin, then the means and method of providing the same shall be noted on the plan.
(5) Landscape design plan. A landscape design plan shall be prepared at an engineer scale of not less than one inch equals fifty feet, and shall include the following information:
A. All existing landscape features (trees, shrubs, lawn area, ponds, etc.) existing on the site at the time of development that are to be retained;
B. All new landscape planting materials proposed for the site;
C. The name of all new plant materials (common and botanical), their size (height and diameter or caliper for trees, and height and spread for shrubs), and, in the instance of a landscape screen wall as may be permitted in this Zoning Code, the on-center distance between planting screen materials; and
D. A statement as to how all plant materials are to be watered and maintained, i.e., by an in-ground irrigation system or other means. The placement of landscaping materials shall observe the clear corner vision restrictions set forth in Section 1298.12.
(6) Floor plans. Floor plans shall be prepared at an architect's scale of not less than one-eighth of an inch equals one foot, and shall include the following information:
A. Floor plans for all levels of the building, including basements.
B. The gross floor area and the net usable floor area of each building (total and by individual floor levels). For the purpose of determining usable floor area, the term as defined in Section 1260.07 of this Zoning Ordinance shall apply.
(7) Exterior building wall elevation drawings. Exterior building wall elevation drawings shall be prepared at an architect's scale of not less than one-eighth of an inch equals one foot, and shall include the following information. Exterior building wall elevation drawings shall be prepared for all exterior walls of the building or buildings proposed for the site, and for all accessory buildings.
A. Dimensions showing the height of buildings. Building height dimensions shall depict building heights as defined in Section 1260.07 of this Zoning Code.
B. The type and color of all exterior building wall materials to be used on each wall.
C. The location of all wall signs. The display area of each wall sign shall be provided on the drawing in square feet.
D. The location, type and wattage of all wall-mounted exterior lighting fixtures.
(8) Detail cross-section drawings. Detail cross-section drawings shall be prepared at an appropriate engineer or architectural scale and shall include detail cross-sections of:
A. All earth berm treatments involved in the landscape design layout, including information identifying angle (steepness) of side slopes, width of base, beam height and width of berm crest.
B. All screen walls, including footings, type of materials to be used in the screen walls and dimensioned height.
C. All free-standing signs, including the height of the sign and the total amount of display area in square feet for each sign.
D. Wall signs, including the total amount of display area in square feet for each sign.
E. Exterior free-standing light fixtures, including its total dimensioned height.
If insufficient room is available on other site plan drawings for detail drawings, they shall be provided on a separate sheet of detail drawings.
(h) Number of Site Plans. An adequate number of site plans and supporting documents as may be required shall be submitted for review as outlined herein.
(1) For review and action by the Building Department. Eight copies of the site plans and supporting documents shall be submitted to the Building Department.
(2) For review and action by the Planning Commission. Sixteen copies of the site plan, along with an equal number of supporting documents as may be required, shall be submitted to the Building Department for review and action by the Planning Commission. The Building Department shall distribute the site plan packages in the following manner:
A. One copy to the City's consulting engineer.
B. One copy to the City's planning consultant.
C. One copy to the Police Department.
D. One copy to the Fire Department.
E. One copy to the Department of Public Services.
F. One copy to the Building Department.
G. One copy to the Planning Commission's Recording Secretary.
H. Nine copies, one to each member of the Planning Commission.
(i) Review Procedure. Site plans submitted for review shall be processed in the following manner:
(1) Scheduling. Site plans submitted to the City for review shall be forwarded to the applicable review agencies if practicable within three business days. Agencies reviewing site plans that are to be approved by the Building Department shall complete their review and forward their comments in writing to the Building Department within fifteen working days after receipt of the site plans from the Building Department.
Agencies reviewing site plans that are to be acted upon by the Planning Commission shall receive the site plans from the City twenty-seven days before the next regularly scheduled Planning Commission meeting. The reviewing agencies shall review the plans and forward their comments, in writing, to the City no later than the Wednesday preceding the next regular Planning Commission meeting. Revised site plans shall be scheduled in the same manner.
(2) All site plans. All site plans shall be submitted to the Building Department for processing. Upon receipt of a site plan, the Building Department shall:
A. Determine if the site plan may be reviewed and acted upon by the Building Department, or if review and action by the Planning Commission is required. In making this determination, the Building Department shall follow the assigning criteria presented in paragraphs (i)(3) and (5) hereof.
B. Check the site plans for completeness. The Building Department shall not schedule a site plan for review until or unless the site plan submitted is complete in its content.
C. Determine that a sufficient number of site plans have been submitted for review.
D. Be satisfied that all applicable fees, as established by City Council, have been paid to the office of the City Treasurer.
(3) Review by the Building Department. The Building Department shall review and act on all site plans that do not require review by the Planning Commission, as set forth in paragraph (i)(5) hereof. The Building Department shall review the following site plans:
A. All principal permitted uses set forth in the various zoning districts or this Zoning Code. When conducting its review of any principal permitted use, the Building Department, at its discretion, may forward the site plan to the Planning Commission for its review and action when, in the opinion of the Building Department, the following conditions may be involved, or may occur, as a result of development of the use on the proposed site:
1. The possible land use impact the development could have on adjacent land.
2. The traffic impact the use could have on the City's streets or on the streets of an abutting municipality when those streets share a common border with the City of Southgate.
3. The environmental impact the use could have on surrounding property and the City of Southgate, in general. Environmental impact shall include air, water and land.
B. All uses permitted subject to special conditions as a review agent for the site plan review process by the Planning Commission.
C. Site plans forwarded to the Building Department by the Planning Commission for review and approval of the two or three minor conditions specifically attached to a site plan approved by the Planning Commission.
(4) Review agency responsibilities. All review agencies receiving site plans from the Building Department for review shall:
A. Review the site plans in accordance with the review guidelines set forth in subsection (j) hereof, and in accordance with the guidelines of their own professional expertise.
B. Complete their review and forward their comments in writing to the Building Department according to the applicable time schedules set forth in paragraph (i)(1) hereof.
(5)Review by the Planning Commission. Site plans submitted to the Building Department for review by the Planning Commission shall include:
A. All uses set forth in the various zoning districts of the Southgate Zoning Ordinance for uses permitted, subject to special conditions.
B. Gasoline service stations.
C. New motor vehicle sales and service outlets, body repair shops and mechanical repair shops.
D. Restaurants, including fast food sit-down, fast food carry-out, and sit- down restaurants.
E. Multiple-family residential developments.
F. Planned commercial shopping centers, as defined in this Zoning Code, or a single business containing 15,000 square feet, or more, of gross floor area.
G. Developments proposed under the Planned Development District guidelines.
(6) Planning Commission review responsibilities. The City shall undertake the following responsibilities for site plans requiring review by the Planning Commission:
A. Assign the site plan a site plan number.
B. Schedule a review date before the Planning Commission.
C. Forward copies of the site plans and accompanying documents, if any, to the site plan review agencies outlined in paragraph (h)(2) hereof.
D. Forward copies of all written review agency comments to the applicant.
(j) Review Guidelines. Site plans shall be reviewed in accordance with the following guidelines. In the process of reviewing site plans, the Building Department, the Planning Commission and the applicable site plan review agencies shall find that:
(1) The use proposed for the site is a use permitted in the district in which the land is zoned.
(2) All applicable requirements of this Zoning Code are met with respect to the site plan.
(3) The location and design of driveways providing vehicular ingress to and egress from the site, relative to streets giving access to the site and relative to pedestrian traffic, are acceptable.
(4) Traffic circulation within the site relative to the location and functional layout of off-street parking areas and loading and unloading areas is acceptable. Traffic should flow freely within the designated parking areas. There should be no doubling of vehicle maneuvering lanes for loading and unloading areas, trash pickup areas, etc. When a row or rows of parking spaces exceed five spaces in a row, adequate area shall be provided for vehicles to turn around, including trucks.
(5) Traffic volumes expected to be generated by the site can be safely and efficiently accommodated on the street(s) which the development will access, as well as on the surrounding street system. If traffic impact is a concern, the Building Department or the Planning Commission may require submittal of a traffic impact report, to be paid for by the applicant.
(6) Satisfactory and harmonious relationships between development proposed on a site and the existing development on contiguous lands will be achieved through:
A. The location of loading and unloading areas and trash receptacles so as to minimize their impact.
B. The use of screening devices of sufficient extent to carry out the intent and purpose of the screening requirements of this Zoning Code.
C. Design compatibility between the proposed development and existing developments so that it will be compatible with adjacent developments in terms of its architecture and the types and color of the exterior building wall facade materials to be used.
(7) Adequately sized and located recreation facilities and/or open space areas are provided, where applicable.
(8) Areas of natural significance are preserved, where applicable.
(9) The use will not impact abutting properties with excessive noise, vibration or odors. The Building Department or the Planning Commission may require submittal of information documenting that the use proposed for the site will conform to the limitations of applicable County or State standards regarding maintaining clean air, and restricting noise, vibration and odors.
(10) The proposed use will conform to the environmental limitations of applicable State laws. The Building Department or the Planning Commission may require submittal of an environmental impact statement, to be paid for by the applicant, verifying adherence to applicable State environmental protection laws.
(11) Landscaping within the site is located so as to provide an attractive appearance throughout the site.
(12) Ground pole and exterior building wall lighting is such that it will present a soft visual image and not a bright radiant or sharp light, particularly with respect to adjacent land use.
(13) All natural and man-made site drainage has been satisfactorily accommodated so as not to create excessive run-off or ponding on adjacent properties.
(k) Site Plan Action. Site plans submitted to the Building Department or the Planning Commission for review shall thereafter be acted upon in accordance with the following procedures:
(1) Building Department. Upon completion of its review of a site plan that the Building Department is authorized to review as set forth in this Zoning Code, the Building Department shall:
A. Approve the site plan and notify the applicant in writing of the approval.
B. Disapprove the site plan and notify the applicant in writing of the reason(s) for disapproval.
C. Continue review of the site plan pending submittal of a revised site plan by the applicant for further review by the Building Department.
(2) Planning Commission. Site plans submitted to the Building Department for review by the Planning Commission shall be forwarded to the Planning Commission for its review and action. Upon completing its review of a site plan, the Planning Commission shall take one of the following actions:
A. Approve the site plan.
B. Table the site plan to allow for submittal of a revised site plan by the applicant.
C. Approve the site plan subject to minor revisions. A minor revision shall mean a simple change or modification to a single element of the site plan which will have no effect on any other element of the site plan. Approval given by the Planning Commission subject to minor revisions shall never involve more than three such revisions.
D. Disapprove the site plan.
1. Any of the above actions taken by the Planning Commission shall be followed by written notification to the applicant of the action taken by the Planning Commission.
2. Site plans approved subject to minor revisions shall be left to administrative review and approval of a revised site plan by the Building Department, the Engineering Department and/or the City Planner. The Building Department shall thereafter inform the Planning Commission in writing of its action.
3. An applicant whose site plan was disapproved by the Planning Commission may appeal that decision to the Board of Zoning Appeals in a manner prescribed by ordinance.
(l) Applicant Options; Alternative Approaches. Certain actions by the Building Department or the Planning Commission may afford the applicant alternative approaches to obtaining site plan approval. Upon notification of tabling or disapproval of a site plan by the Building Department or the Planning Commission, the applicant may:
(1) Revise the site plan accordingly and resubmit the plans to the Building Department for further review by the Building Department or the Planning Commission.
(2) Seek relief before the Board of Zoning Appeals (BZA) from the reasons noted by the Building Department or the Planning Commission in its action to disapprove the site plan. Application for relief by the BZA shall be submitted by the applicant within twenty-eight days from the date of notification. If not submitted within that time period, no appeal shall be heard by the BZA.
(m) Effective Period of Approvals. Site plan approvals granted by the Building Department, the Planning Commission, or the City Council shall be effective only within the following time periods:
(1) Approvals of conventional site plans. Except as set forth in paragraph (m)(2) hereof, site plans approved by the Building Department or the Planning Commission shall be in effect for one year from the date of approval. A one-year extension to an approved site plan may be granted by the original grantor of approval.
(2) Approvals of planned development site plans. Site plans approved under the guidelines of the Planned Development District (PD) shall be in effect for two years from the date of approval. A one-year extension to the originally approved site plan may be given by the Southgate City Council following recommendation by the Planning Commission.
(3) Termination of site plan approvals. Sites for which conventional site plan approval has been granted but which are clearly not under development within one year from date of site plan approval, and for which no extension has been granted, shall thereafter be considered null and void and shall require re-submittal for review and approval. In the case of planned development site plans, approval shall become null and void two years after the date of site plan approval.
(n) Amendments to a Site Plan Approved by the Planning Commission.
(1) Minor changes to an approved site plan may be approved solely by the Building Inspections Director provided that such changes meet the spirit of the Zoning Ordinance and the applicant agrees. Minor changes to an approved site plan may include the following:
A. Moving building footprints within the confines of the smallest rectangle that would have enclosed each originally approved building(s). Relocation of building entrances or exits, or shortening of building canopies.
B. Changing the angle of parking or aisle width provided there is no reduction in the amount of required off-street parking or in reduction of aisle width below ordinance requirements.
C. Substituting landscape plant species provided a nurseryman, landscape architect, engineer, or architect certifies the substituted species is similar in nature and screening effects and the requested species is permitted under Section 1298.09 herein.
D. Change type and design of lighting fixtures provided an engineer or architect certifies there will be no change in the intensity of light at the property boundary.
E. Increase yard setbacks.
F. Changing the location of an exterior building wall or location not more than ten feet because of a natural impediment or hazard such as bedrock or muck soils, provided than in so doing no setback requirement of the ordinance is violated and no significant reduction in safety or in the amount of open space is thereby affected.
G. Re-occupation of an existing building(s) provided the proposed use is permitted as a principal or special conditional use and the following:
1. The Building Inspections Director shall make a report of such minor site plan amendments to the Planning Commission.
2. The Building Inspections Director shall request the advice of the City Engineer and Planner when considering proposed minor modifications. The Building Inspections Director may determine that the proposed modifications require a complete site plan review by the Planning Commission, particularly for sites which do not comply with previously approved site plans, sites with existing or potential drainage problems, sites with parking deficiencies and uses where there are general health and safety issues.
(2) If the Buildings Inspections Director finds than a proposed amendment to an approved site plan does not qualify as a minor change, he or she shall immediately notify the applicant, and the Planning Commission in writing that the site plan approval has been suspended pending approval by the Planning Commission of the proposed amendment. If construction has begun, a stop work order shall be issued by the Director for that portion of the project which is not in compliance with the ordinance. Once the site plan approval for the project has been suspended, the applicant has the option of changing the project plans to conform with the originally approved plan, or of submitting the revised plans to the Planning Commission for review and approval. A change to a site plan that would not be considered minor in nature may include:
A. A significant change in the character of the development. For example, a significant change in the building style from what was approved by the Planning Commission.
B. An increase in the overall building footprint larger than that allowed in subsection (n)(1)A. herein.
C. A reduction in required open space.
D. A reduction in required off-street parking and loading.
E. The elimination of any site plan amenity approved by the Planning Commission.
(o) Improvement Guarantee.
(1) Guarantee(s) in the form of a cash deposit, certified check, irrevocable bank letter or credit, surety bond, etc., may be required by the City to be provided in a form acceptable to the City by a project developer.
(2) The amount of such guarantee(s) can be made by the City to cover all improvements not normally covered in the building permit, including, but not limited to: landscaping, including earth berms; walls; lighting; surfacing of drives, parking, vehicle maneuvering lanes, including acceleration and deceleration lanes, and other traffic control and traffic circulation improvements; sidewalks; etc.
(3) The guarantee(s) shall include a schedule of costs assigned to the several improvements. Monies may be released, but are not required to be released, to the applicant in proportion to work completed and accepted on the various improvements. The City reserves the right to retain all the funds until the project is fully completed and accepted by the City.
(4) Any partial release of funds shall leave a balance of not less than twenty percent of the guarantee, which shall be retained by the City until all work has been completed and subsequently inspected and approved by the City.
(Ord. 685. Passed 10-13-99; Ord. 744. Passed 4-24-02; Ord. 745. Passed 4-24-02; Ord. 816. Passed 12-14-05; Ord. 951. Passed 7-5-12.)