(A) Submission of site plan. No building permit shall be issued until the applicant has submitted an approved site plan as required by this section of this zoning chapter.
(B) Situations requiring a site plan review.
(1) The proposed use is allowed by special use permit.
(2) The proposed use or redevelopment is in an RM, MH, C-1, C-2, C-3 or M District.
(3) Any adjoining parcel is in a more restrictive zoning district.
(4) The proposed project will have more than two tenant users (dwelling units, offices, stores or other uses).
(5) The proposed project will require 50 or more parking spaces.
(6) The project site is larger than three acres.
(7) The use is a commercial or industrial use and is a new development.
(C) Site plan review process.
(1) Application deadlines. If a rezoning application requires a site plan review by the Planning Commission, a complete application package must be received at least 30 days before the date of a Planning Commission meeting in order to be reviewed at said meeting. If a site plan review is being conducted for a special use permit or subdivision plat, the application for the site plan must be received at least 30 days before the date of the Planning Commission.
(2) Application material. Applications requiring site plan review must be accompanied by a fee as established by this chapter and by at least four copies of a plan which meets the following requirements. The application will not be reviewed until the complete application package has been submitted, including the fee.
(3) Site plan requirements. Note that any proposed construction, landscaping, retention of natural features or other property conditions depicted in the plan submission will be relied upon by the Planning Commission in its review. Therefore, these conditions become requirements for approval of the site plan. Failure to abide by such conditions or the alteration of site conditions in a way other than that which is approved on the site plan constitutes a violation of the terms of the zoning permit issued pursuant to site plan approval. Enforcement provisions in § 156.276 apply. Site plan approval is not effective until a state DEQ floodplain permit is granted and filed with the Building Inspector.
(4) Scale. The site plan must be drawn to a consistent scale of not less than one inch equals 20 feet for sites of three acres or less, or one inch equals 100 feet for larger sites.
(5) Identification. The applicant’s name, address and telephone number and the name and address of the firm or firms responsible for preparation of the site plan must be included. If the applicant does not own the property, the owner must be identified and must sign a statement certifying that the applicant is acting in the owner’s behalf or has a legitimate purchase option on the property.
(6) Property information. The site plan must accurately depict the subject property and land adjacent to and across any thoroughfare from it, including all existing and proposed easements or rights- of-way. Zoning of the site, and of adjacent properties, must be identified. A legal description and computation of the area of the property must accompany the site plan.
(7) Site features. The site plan should depict existing environmental conditions, including the locations of wooded areas or isolated trees over six inches in diameter, topography, drainage features, wetlands and existing structures, including those proposed for removal, and other significant conditions. The approximate location and use of structures and the location of the nearest driveways on adjacent or opposing parcels should be shown.
(8) Transportation features. The site plan must show the location and surface type of all existing and proposed public roads, access drives, internal vehicle circulation areas, parking lots (including number and location of handicapped parking spaces), sidewalks, loading areas or docks, truck bays and refuse pickup stations.
(9) Utilities. The site plan must show the location and size of all existing and proposed public utilities. Waterline information shall include locations of existing and proposed fire hydrants and valves. Sanitary sewer information shall include location of any pumping stations and approximate location of manholes. The site plan must also include any existing or proposed private utilities, such as natural gas, electricity, telephone and cable television. All drainage structures and systems must be shown, along with floodplain information.
(10) Structures. The site plan must show the location and dimensions, including height, of all proposed buildings, accessory structures and related features. For multi-family housing developments, the number of units in each building must be identified. Schematic plans and elevations of all structures must be included. The site plan should also show the location, arrangement, dimensions and type of proposed signs, lighting, landscaping, fences and decorative walls.
(11) Supplementary material. The site plan shall be complemented by any additional information which, in the Zoning Administrator’s discretion, is important for the site plan review process. This could include, but not be limited to, an assessment of the proposed project’s impact on environmental, historic, social or economic conditions; traffic studies; proposed measures to control or mitigate such impacts as noise, smoke, particulate, vibration, odors or fire hazards.
(D) Staff review of site plan.
(1) Persons involved. Before the site plan is reviewed by the Planning Commission, the Township Building Inspector, Township Public Works, Police Chief and Fire Chief, or their alternates, shall be given an opportunity to review and comment upon it. In addition, the Zoning Administrator may submit the site plan to any other government department or utility that he or she believes would have an interest in some aspect of the proposed project. Staff members wishing to comment upon the site plan must transmit their comments in writing to the Zoning Administrator at least seven days before the Planning Commission meeting at which the site plan is to be reviewed. After receiving any staff comments, the Zoning Administrator shall make recommendations to the Planning Commission regarding the site plan.
(2) Standard to be used. Reviewers shall address the consideration identified by the review standards. If a site plan review is being conducted for proposed special use permit, the additional special use permit review standards listed for the particular use and zoning district shall be considered also.
(E) Planning Commission review of site plan.
(1) The Planning Commission shall address the site plan review at a public meeting. The findings of a staff review of the site plan and any public comments shall be taken into consideration by the Planning Commission, but are not binding upon it in any way. General guidelines to use in the deliberation process include the following:
(a) Safe and convenient vehicular access to and from the proposed use without interference with surrounding transportation patterns and safe internal circulation;
(b) Provisions of bicycle and/or pedestrian access if appropriate;
(c) Impact of structures, fencing, lighting and landscaping on adjacent land uses and properties;
(d) Appropriate consideration of environmental concerns including natural resources, air quality, noise levels, rubbish disposal and storm runoff; and
(e) Continuance of established area patterns of landscaping, setbacks, structural materials and street furniture.
(2) In the interest of providing a timely response to the applicant, the Planning Commission will take one of the following actions at the meeting during which the site plan review is conducted.
(a) Approval. An affirmative vote of the majority of Planning Commission members present at the meeting is necessary to approve a site plan. Once approved, the site plan becomes a condition of any zoning permit that may be granted for the proposed project.
(b) Conditional approval.
1. The Planning Commission may elect to attach conditions to its approval of a site plan. Conditions must be imposed to promote the health, safety and welfare of the citizens of the township or required by provisions of local, state or federal laws. These conditions, together with the regulatory authority and reasoning which justifies them, must be identified in the motion for site plan approval and communicated to the applicant in writing. The conditions shall become a part of the site plan, as inseparably as if they were part of the applicant’s original submission and shall be reflected in any zoning permit granted for the project.
2. Approval of any proposed site plan which must also receive approvals from other public agencies shall be conditioned upon granting of said other approvals. This shall include any variances which must be issued by the Township Zoning Board of Appeals. Approval of a variance for conditions which differ from those depicted on the site plan or specified in a conditional approval does not require an additional site plan approval by the Planning Commission as long as the previously established conditions have been met.
(c) Denial with explanation. Failure to comply with one or more of the review standards listed is the only justification for denial of a site plan. The vote of a majority of Planning Commission members present at the meeting in which the site plan is reviewed is required to deny it. The motion to deny must state which of the review standards was not met by the site plan, and how the plan failed to meet the standard. The motion to deny may also suggest methods by which the shortcoming might be corrected. The applicant shall be notified in writing of the Planning Commission’s denial of the site plan, with the full text of the motion to deny reproduced in the communication.
(d) Table to specified meeting. The Planning Commission may choose to delay its decision for any reason by tabling the action to another meeting. This meeting must be called in compliance with the Open Meetings Act, being M.C.L.A. §§ 15.261 through 15.275. The date, time and place of said meeting must be identified in the motion to table and clearly stated for the benefit of persons in attendance at the meeting where the tabling motion is made.
(e) Deviations from approved site plan.
1. Generally.
a. It is recognized that unforeseen circumstances can necessitate changes in a project during its development. Therefore, minor deviations from an approved site plan are permitted if the Zoning Administrator determines that all site plan review standards have been complied with. These deviations shall be documented.
b. However, if the Zoning Administrator finds that a deviation from the approved site plan does not comply with the review standards, he or she shall immediately notify the permit holder, the Township Building Inspector and the Planning Commission in writing that the site plan approval has been suspended. The permit holder’s notice shall be delivered by certified mail. If construction has begun, a stop work order should be issued by the Building Inspector, affecting that portion of the project which is not in compliance with the site plan review standards.
c. Once site plan approval for a project has been suspended, the permit holder has the option of changing the project plans to conform with the review standards and/or the approved site plan, or of restarting the site plan review process. When the issue has been resolved, the Zoning Administrator shall send a written notice to the permit holder, the Building Inspector and the Planning Commission that the project’s site plan has again been approved.
d. This provision should not be construed to prohibit phased development of a project, provided that each phase complies with the requirements of the review standards and with the approved site plan.
e. If any deviations from an approved site plan are made, an “as built” version of the site plan shall be provided to the Zoning Administrator before the Building Inspector issues final approval for the project and before any performance guarantee attached to the zoning permit may be fully refunded.
2. Record be maintained. The record relating to any approved site plan shall be maintained by the Zoning Administrator together with the records pertaining to the zoning permit for said project. This record shall include an official copy of the final site plan as it was approved by the Planning Commission, dated and signed by the permit holder, the Planning Commission Chairperson and Zoning Administrator. The record shall also include documentation of any conditions attached to the site plan approval and evidence of the satisfaction of same. It shall also include documentation of any allowed deviations from the approved site plan, dated and signed by the permit holder and the Zoning Administrator.
(f) Site plan review standards.
1. All site plan reviews shall use only the following set of standards to judge whether the site plan should be approved or denied.
2. No off-site improvements can be required as conditions for site plan approval, unless the applicant had volunteered to construct such improvements as documented by his or her original site plan drawing. However, if the lack of such off-site improvements will create unacceptable conditions, said lack is sufficient justification for denial of a site plan.
a. District regulations. The project must comply with the applicable district regulations regarding use, dimensions, off-street parking and any other aspects. (When the site plan review is being conducted as part of the consideration process for a special use permit, the use of the site will be addressed after the site plan review. Therefore, it must be presumed for this purpose that the use of the site will conform to the district regulations.)
b. Supplementary regulations. The project must comply with any and all of the supplementary regulations which may apply to it.
c. Special use standards. If the site plan review is being conducted for a proposed special use permit, any special use standards relating to the proposed use will apply.
d. Transportation. Transportation facilities serving the parcel must be sufficient to provide safe and efficient access to the parcel and circulation within it. Consideration shall be given to road rights-of-way, surface type, number of lanes, driveway design and location, vehicular circulation within the parcel, parking, snow removal from transportation facilities, public transit, pedestrian circulation, emergency vehicle access and accessibility for handicapped persons. When the adequacy of public road service to the parcel is in question and the development is on a road which is under the jurisdiction of another entity, the input of the road authority shall be sought.
e. Utilities. Public utilities, including water and sewer, must be adequate to serve the proposed use, or sufficient provisions shall be made to provide these services on the site. Private utility services, including electricity, telephone, natural gas and cable television must also be sufficient to serve the needs of the project. When the adequacy of any public utility service to the site is in question, the input of the appropriate public utility provider shall be sought.
f. Storm water management.
i. The proposed project must make provisions for on-site detention of storm water runoff to accommodate the ten-year storm event, and drainage provisions to accommodate the 100- year storm event. In all cases, post development discharge rates should not exceed pre-development discharge rates or increase downstream drainage. Drainage solutions using natural features should be utilized whenever possible.
ii. The site plan should include structural and nonstructural detention and/or drainage features, including plans of all parking lots, storm sewers and discharge calculations pre- and post-development. All site plans may be reviewed and approved by an engineer and must meet the standards of all departments of the township and of all other impacted public officials.
g. Fire protection. The proposed project must comply with applicable fire safety regulations. Also, current Township Fire Department personnel and equipment must be sufficient to serve the project. Finally, location, number and capacity of fire hydrants must be adequate to serve fire suppression needs and must receive Fire Chief approval.
h. Environment. Natural features of the landscape should be retained wherever practical to furnish a buffer between the project and adjoining property(ies) or to help control erosion, contain storm water runoff, absorb noise, deflect wind currents, reduce glare or otherwise benefit the general health, safety or appearance of the neighborhood. Any buildings, fences, lighting, vegetation or other features that are introduced into the landscape should be designed to complement the site’s surrounding environment and enhance the positive features of the project. The site plan should be developed with the goal of controlling any negative impacts the project may have, such as noise, smoke, vibration, odor, glare, heat or dust so that they will not be discernible beyond the property boundaries. Further, projects shall fully adhere to applicable environmental regulations promulgated by the State Department of Natural Resources, County Health Department or other agencies.
i. Consistency with chapter intent. The site plan should be generally consistent with the purpose and objectives of this chapter, and with the purpose of the zoning district in which the subject parcel is located.
(Prior Code, § 15.311) (Ord. eff. 12-1-2019)