§ 10.514. Site plan review.
This section sets forth the requirements for the application, review, approval and enforcement of site plans in the City of Madison Heights.
(A)
Developments, uses or activities requiring site plan review. A site plan shall be submitted to the city in accordance with the procedures in this section for any of the following activities, uses or developments except single-family and two-family dwellings constructed on a single lot or parcel.
(1)
All new construction, structural alterations or substantial changes in use, as determined by the site plan review committee, in R-C, R-M, HM, O-1, B-1, B-2, B-3, M-1, M-2, P-1, P-2, H-R, and N-P districts.
(2)
All condominium or site condominium developments in any district.
(3)
All special land uses in any district.
(4)
Any use that requires a new, modified, or expanded parking lot.
(5)
All multiple family residential developments and mobile home parks.
(6)
The improvement, expansion, extension, or abandonment of any public or private overhead or underground utility or utility lines or easement.
(7)
All public buildings.
(B)
Site plan review authority.
(1)
There is hereby established a site plan review committee consisting of the fire chief or designee, community development director, deputy community development director, city engineering consultant, water and sewer coordinator or designee, and the building inspector. The economic development coordinator shall be an ex officio member without vote. A minimum of three affirmative votes is required to approve any motion.
(2)
Upon receipt of a site plan the site plan review committee shall review and approve all site plans prior to issuance of any permits for any construction. The committee may refer any plan to the planning commission for their review and approval.
(C)
Site plan review process. Site plans shall be reviewed in conformance with the following process:
(1)
Applicant requests pre-application conference with community development department to discuss the proposed site plan, review procedures, design elements, and ordinance requirements.
(2)
Applicant initiates site plan review process by submitting the following materials and fees to the community development department:
a.
One copy of the completed site plan application form.
b.
Eight copies of the site plan. A site plan submitted to the city for preliminary site plan review must contain all of the information set forth in paragraph (D) below.
c.
One 11" × 17" original reduction of the site plan.
d.
One copy of the "Hazardous Substance Reporting Form" and "Environmental Permits Checklist" (provided by city).
e.
All applicable fees.
The city may require electronic (digital) submittal of applications and plans as the city develops the technological capabilities.
(3)
Site plans are distributed to site plan review committee for preliminary site plan review.
(4)
Site plan review committee conducts preliminary site plan review and determines if planning commission review is required.
(5)
Preliminary site plan review comments sent to applicant.
(6)
Applicant revises plans and submits eight copies of revised site plans and any additional required information to community development department.
(7)
Site plan review committee conducts final site plan review and takes final action on the site plan.
(8)
If a site plan is referred to the planning commission by the site plan review committee, the applicant will be notified of the date, time and place of the meeting at which the planning commission will consider the application.
(9)
The site plan review committee, and planning commission if required, shall approve, approve with conditions, or deny the final site plan.
(10)
If revisions to the final site plan are necessary to meet conditions of approval, ordinance requirements or standards, the final site plan shall be revised by the applicant and resubmitted to the community development department for verification of compliance with necessary plan revisions.
(11)
All denials, along with the reasons for denial, shall be indicated in writing. If the applicant desires to prepare an alternative plan, the same procedure as outlined above beginning with submittal of final site plans review shall be followed.
(12)
When all conditions of approval are met by the applicant six copies of the final site plan shall be stamped "APPROVED", dated and transmitted in accordance with the following:
2—Community Development Department
1—City Engineer
1—Department of Public Services
1—Fire Department
1—Applicant
Site Plan Review Process—City of Madison Heights
(D)
Submission requirements.
(1)
Site plan application form. Applications for site plan review shall be made on forms available at the community development department. The city may require electronic (digital) submittal of applications and plans as the city develops the technological capabilities.
(2)
Site plan submission; data requirements. The following information shall be required on all site plans:
a.
Title block with name of proposed development, and the name, address and phone number of the property owner, developer and architect/engineer. All sheets of the plan shall bear a stamped, countersigned seal of the registered professional who prepared the plan.
b.
Location map showing the proposed site location, zoning classifications and major roads.
c.
The site plan shall be drawn to scale not less than one inch equals 50 feet.
d.
Date, north arrow, and scale.
e.
Property identification number(s) and the dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.
f.
Location of all existing and proposed structures, uses, number of stories, gross building area, required and proposed setback lines, and distances between structures on the subject property.
g.
All existing and proposed structures, roadways, drives, landscaping, trees, parking areas, and pedestrian paths within 100 feet of the subject property lines.
h.
Number of parking spaces and location of loading areas and handicap parking spaces and access routes on the subject property.
i.
Location and height of all walls, fences, and landscaping, including a landscaping plan.
j.
Location and widths of all abutting streets, existing and proposed rights-of-way, easements, and pavement.
k.
Type of existing and proposed surfacing of all drives, parking areas, loading areas and roads.
l.
Elevations (front, sides, and rear views) of all sides of the building(s), including types of facing materials to be used on structures.
m.
A floor plan drawing showing the specific use areas of all existing and proposed buildings on-site.
n.
Density calculations (for multiple family projects).
o.
Principal and accessory buildings.
p.
Designation of units by type of buildings.
q.
Interior walks and pedestrian or bicycle paths within rights-of-way.
r.
Exterior lighting locations, type of fixtures, and methods of shielding from projecting onto adjoining properties.
s.
Trash receptacle and transformer locations and method of screening.
t.
Drive or street approaches including acceleration, deceleration and passing lanes, where appropriate.
u.
All utilities located on or serving the site, including sizes of water and sewer lines, wells, proposed hydrants, and proposed fire suppression line into building. Proposed sanitary leads and sanitary sewers must also be shown, as applicable.
v.
Designation of fire lanes.
w.
Location, size and types of all proposed signs.
x.
Preliminary storm system layout and flow arrows demonstrating that storm flow connections and disposal methods are feasible.
y.
Typical existing and proposed cross-sections for streets, roads, alleys, parking lots, etc., as applicable, including right-of-way.
z.
Existing and proposed ground contours at intervals of two feet, or spot elevations sufficient to review the proposed grading and drainage plan, as determined by the city's consulting engineer.
aa.
Location of all tree stands and measures to be taken to protect existing on-site trees not proposed for removal as part of the development.
bb.
Landscape plan showing species, spacing, and size of each tree and plant material and ground cover.
(E)
Site plan review criteria. Commission shall consider and require compliance with the following:
(1)
All application and site plan review submittal criteria have been met.
(2)
The final site plan is in full conformance with all applicable Zoning Ordinance requirements.
(3)
The location of in reviewing site plans, the site plan review committee and planning development features, including principal and accessory buildings, open spaces, parking areas, driveways, and sidewalks minimize possible adverse effects on adjacent properties and promote pedestrian and vehicular traffic safety.
(4)
On-site and off-site circulation of both vehicular and pedestrian traffic will achieve both safety and convenience of persons and vehicles using the site.
(5)
Landscaping, earth berms, fencing, signs, and obscuring walls are of such a design and location that the proposed development's impact on existing and future uses in the immediate area and vicinity and on residents and occupants is minimized and harmonious.
(6)
Utility service, including proposed water, sanitary sewer and the development and the recommendation of the city's consulting engineer. Approvals required from any state or county department having jurisdiction, such as the department of health, drain commission or road commission, are a prerequisite to approval.
(7)
Notwithstanding any other provisions of this Ordinance, the city may require as a condition of final site plan approval, landscaping, berming, fencing, walls, drives or other appurtenances as necessary to promote the health, safety, and welfare of the community and achieve compliance with the standards of this Ordinance.
(F)
Site plan review standards for groundwater and stormwater protection. The following provisions shall apply to all uses and facilities that require site plan review under the provisions of this Ordinance.
(1)
Site plan review information requirements.
a.
The applicant for site plan review shall complete and submit the "Hazardous Substances Reporting Form for Site Plan Review" and the "Environmental Permits Checklist" at the time of application for site plan review (forms provided by city).
b.
The city may require a listing of the type and quantity of all hazardous substances and polluting materials which will be used, generated, produced or stored on the site.
c.
The site plan shall detail the location of the following:
1.
Public or private wells on-site and on adjacent sites.
2.
Septic systems and other wastewater treatment systems, including the location of all sub-components of the system.
3.
Interior and exterior areas to be used for the storage, use, loading, recycling, production or disposal of any hazardous substances and polluting materials.
4.
Existing and proposed underground and above-ground storage tanks and the material stored therein.
5.
Exterior and interior drains, dry wells, catch basins, retention/detention areas, sumps, and other facilities designed or intended to collect, store, or transport stormwater or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.
6.
Wetlands, watercourses, and drains.
7.
Soil characteristics of the parcel, at least to the detail provided by the U.S. Soil Conservation Service—Soil Survey.
8.
Areas on the site which are known or suspected to be contaminated, along with a report on the nature of the contamination and the status of clean-up efforts, if applicable.
(2)
Groundwater and surface water protection standards.
a.
General.
1.
The project shall be designed to protect the natural environment, including wetlands, surface water and groundwater, and to insure the absence of an impairment, pollution, and/or destruction of the air, water, or other natural resources.
2.
Stormwater management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not increase flooding or the potential for pollution of surface water or groundwater, on-site or off-site.
3.
Floor drains shall be connected to a public sanitary sewer system, an on-site holding tank without an outlet, or a system authorized by a state groundwater discharge permit.
4.
Sites shall be designed to prevent spills and discharges of hazardous substances and polluting materials to the air, surface of the ground, groundwater, or surface water.
5.
State and federal agency requirements for storage, spill prevention, record-keeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met. No discharges to surface water or groundwater, whether direct or indirect, shall be allowed without required permits and approvals.
6.
In determining compliance with the standards in this Ordinance, the city may utilize appropriate and applicable reference standards regarding best management practices for groundwater protection.
b.
Above-ground storage and use areas for hazardous substances and polluting materials.
1.
Secondary containment of hazardous substances and polluting materials 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 substance.
2.
Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers that are protected from weather, leakage and vandalism.
3.
Secondary containment structures shall not have floor drains or other outlets, except as necessary for connection to pumping trucks for removal of spilled product.
4.
Areas and facilities for loading, handling, production, use or disposal of hazardous substances and polluting materials shall be designed and constructed to prevent discharge or run-off to floor drains, wetlands, surface water, groundwater or soils.
c.
Underground storage tanks for the storage of hazardous substances and polluting materials.
1.
Existing and proposed underground storage tanks shall be registered with the authorized state or federal agency in accordance with applicable state and federal law.
2.
Installation, operation, maintenance, closure, and removal of underground storage tanks shall be in accordance with requirements of the authorized agencies. Leak detection, corrosion protection, spill prevention, and secondary containment requirements shall be met.
3.
Out-of-service or abandoned underground tanks shall be emptied and removed from the ground in accordance with requirements of the authorized state and federal agencies.
d.
Sites with contaminated soils and/or groundwater.
1.
Site plans shall detail the nature of, location and extent of any contaminated soils or groundwater on the site.
2.
Written verification from authorized state agencies shall be provided as a part of site plan review application that indicates their approval of the proposed use or activity in relation to the contamination on-site and clean-up efforts underway or anticipated.
(G)
Expiration of site plan approval. The approval of any preliminary site plan under the provisions of this Ordinance shall expire and be void one year after the date of such approval unless final site approval has been granted, or is in an active stage of review. Approval of any final site plan under the provisions of the Ordinance shall expire and be void one year after the date of such approval unless actual construction has commenced in accordance with the issuance of a valid building permit. Upon expiration of a final site plan approval, all preliminary site plan approvals shall expire.
(H)
Fees. Any application for site plan approval shall be accompanied by a fee as determined from time to time by resolution of the city council.
(I)
Approval and issuance of building permits. Building permits shall not be issued until site plan approval has been granted by the site plan review committee, planning commission (if applicable) and the city engineering consultant has approved the final engineering plans for the site.
(J)
Amendments of approved site plans. An approved site plan may be amended by written application in accordance with the submittal and review procedures for preliminary site plan review. Where the changes are minor, the site plan review committee may complete the site plan review process and act upon the proposed amendment. Major changes, as determined by the site plan review committee, to plans which received planning commission approval shall be reviewed and approved by the planning commission.
(K)
Conformity with approved site plan required. Sites shall be built in conformance with approved site plans. Where modified by subsequent amendment or zoning board of appeals action, approved site plans shall be modified to reflect said action. Maintenance of the property in conformance with the approved site and landscaping plan(s) shall be a continuing obligation of the owner.
(L)
Appeals to site plan decisions. Appeals to decisions of the site plan review committee shall be made to the planning commission. Appeals to actions of the planning commission shall be in accordance with state law.
(M)
Accuracy of information. The applicant for site plan approval shall be responsible for the accuracy and completeness of all information provided on the site plan.
(N)
Revocation of site plan approval. The planning commission may, upon hearing, revoke approval of a site plan if the commission determines that any information on the approved site plan is erroneous. Upon revocation, work on the affected part of the development, or on the entire development, as determined by the planning commission, shall cease. The planning commission may direct the community development department to issue a stop work order to enforce its determination. Upon revocation, the planning commission may require the applicant to amend the site plan in a manner appropriate to reflect the corrected information. Any work so suspended shall not be resumed until an amended site plan is approved by the planning commission.
(O)
Site plan guarantee.
(1)
Prior to the issuance of any building permit for any project or development which requires site plan review under this Ordinance, the applicant for same shall provide a site plan completion guarantee deposit to the city. Said deposit shall guarantee completion of all site improvements shown on the approved final site plan. For the purpose of this section, completion shall mean inspection by the appropriate city officials and approval for compliance with the approved final site plan, not less than six months after the last occupancy certificate has been issued.
(2)
Site improvements shall mean, but shall not be limited to, drives and streets, curbs and gutters, sidewalks, water and sanitary sewer systems, drainage facilities and retention/detention basins, final grading and swales, retaining walls, landscaping and parking lots.
(3)
The amount of the guarantee shall be as established from time to time by city council resolution.
(4)
In the event the applicant fails to correct any deficiencies within 30 days of written notice from the city, the city shall have the authority to use the guarantee to complete the site improvements, or repairs to said improvements, within a period of nine months following the issuance of the last certificate of occupancy unless good cause can be shown by the applicant for the delay in completion. The city may, at its sole discretion, agree in writing to a specific extension of the nine month period. The city may use the completion guarantee to hire sub-contractors to complete work, fund inspections and for the administration of the required work including legal fees.
(5)
The guarantee or portion thereof, shall be promptly released upon the inspection and approval of all improvements in compliance with the approved final site plan or conditional use permit and all applicable city standards and specifications. Portions of the guarantee may be released, in not more than three installments, provided:
a.
The project or approved phase of a project has been completed for six months and the improvements for which the release is requested have been inspected and approved in accordance with the above standards, and the remaining balance is sufficient to cover the remaining improvements, including administrative and contingency expenses.
b.
The guarantee shall not be reduced below the minimum amount required in subsection (o)(3) above.
(6)
Types of completion guarantees. The applicant may provide a guarantee in the form of a cash deposit, certified check, surety bond or letter of credit in a form acceptable to the city. Surety bonds and letters of credit shall be valid for a period of one year past the anticipated request for the last certificate of occupancy for the entire project and, if required, shall be renewed by the applicant not less than 30 days prior to expiration.
(Ord. No. 297, § 1, 2-27-67; Ord. No. 315, § 1, 10-9-67; Ord. No. 606, § 1, 4-10-78; Ord. No. 878, § 1, 5-28-91; Ord. No. 1001, § 1, 12-11-00; Ord. No. 2102, § 2, 6-21-14)