ARTICLE II.  ADMINISTRATION AND ENFORCEMENT

DIVISION 1.  GENERALLY

Sec. 50-34.  Site plan review required; exceptions.
Site plan review is required for special land use applications, and for new construction and remodeling of or additions to existing structures within the city, except for development, renovation, or construction of a single family home or a two family duplex on a single lot. If required, a site plan shall be filed with the building official and approved in accordance with the provisions of this section and sections 50-35--50-42 prior to issuance of a building permit. All site plans shall be reviewed by the planning commission. In addition, site plans are subject to review by the city council or zoning board of appeals if the site plan involves:
(1)   Use within a community facility district;
(2)   A request for a special land use;
(3)   A request for a variance;
(4)   Or as otherwise required as a condition of approval by chapter 50, zoning.
(Ord. No. 810, § 98-442, 8-7-2006)

Sec. 50-35.  Application for review.
The owner or designated agent of the owner shall file an application for the site plan review with the building official on forms provided by the city. The application shall be accompanied by the required plans, documents, fees and costs.
(Code 1975, § 5-21-2; Ord. No. 810, § 98-443, 8-7-2006)

Sec. 50-36.  Submission of plans; approval by the building official.
(a)   Preapplication procedure.  Prior to submission of a formal application, the applicant shall meet with the building official to determine the project's complexity. The project's complexity will determine the level of information required on the application. A major project requires completion of a full application with all information required by this article. A minor project requires completion of a partial application including information as required by the building official. The building official has discretion to determine whether the application involves a major or minor project, based on the standards and requirements set forth in this article. The building official's determination on this issue is appealable to the planning commission. The planning commission may still require additional information for minor projects in its discretion. 
(b)   Application review.  The application for site plan approval, plus 14 copies of the site plan, shall be submitted to the building official in accordance with the requirements in this article at least 14 days prior to the next scheduled planning commission meeting. The building official shall review the site plan and supporting documents and, if the application is complete, place the item on the planning commission agenda. The building official shall furnish a written report and recommendation concerning the proposed site plan to the planning commission. 
(Code 1975, § 5-21-3; Ord. No. 810, § 98-444, 8-7-2006)

Sec. 50-37.  Review by planning commission.
The planning commission shall review the site plan together with the supporting documents and the report from the building official at a regularly scheduled planning commission meeting to be held within 45 days of receiving the completed application. The planning commission shall then adopt a resolution setting forth its findings based upon the requirements for such project as contained in this Code. If further review is required by the city council or zoning board of appeals as provided for in this chapter, the planning commission shall recommend approval, approval with conditions, or disapproval with its reasons.
(Code 1975, § 5-21-4; Ord. No. 810, § 98-445, 8-7-2006)

Sec. 50-38.  Review and determination by council.
If required by this chapter, the city council or zoning board of appeals, after the planning commission review, shall review the application for site plan approval together with the report of the building official and the planning commission's recommendations, and shall make a final determination on the application for site plan approval. By resolution, the city council may grant approval, grant approval with conditions, or disapprove the site plan. The resolution shall set forth the findings of the city council.
(Code 1975, § 5-21-5; Ord. No. 810, § 98-446, 8-7-2006)

Sec. 50-39.  Issuance of building permit; time limit for commencement of construction.
Upon final approval of the site plan, a building permit may be obtained, subject to the review and approval of the engineering and construction plans and payment of the applicable fees. It shall be the responsibility of the applicant to obtain all other city, state or federal permits prior to the issuance of a building permit. If construction is not commenced within one year of the site plan approval, construction may not begin until the site plan is again reviewed by the planning commission. The applicant may apply for and obtain a 60-day extension of the one-year limitation from the planning commission by providing reasonable evidence as to the cause of delay and that such project is likely to be able to proceed within the additional 60-day extension period.
(Code 1975, § 5-21-6; Ord. No. 810, § 98-447, 8-7-2006)

Sec. 50-40.  Preparation and contents of site plan.
Each site plan application shall contain the following information:
(1)   Preparation; preparer's seal.  The site plan shall be prepared by, and carry the seal of, a registered architect or professional engineer who prepared the plan, in the event the proposed costs of the project exceeds $10,000.00. 
(2)   Legal description, address and zoning information.  The site plan shall contain the legal description of the property, the property address, the property owner's name, and the zoning classification of the particular site and all adjacent properties. 
(3)   Title block.  The site plan shall also contain a title block that includes the applicant's name, the project name, the preparer's name, the drawing scale and the date of the original drawing and any revisions. 
(4)   Scale; general location map.  The site plan shall be drawn to a minimum scale of one inch equals ten feet for sites of less than five acres, and one inch equals 100 feet for sites of five acres of more, and shall contain a north arrow and size in acres. A general location map at a scale of four inches equals one mile, giving the site location, is also required. 
(5)   Existing and proposed topography.  Existing and proposed topography drawn to at least two-foot contour intervals shall be shown on plans for sites of one acre or more. Topography on the site plan and within 100 feet of the site shall be included, referenced to a USGS benchmark. 
(6)   Existing and proposed vegetation.  Indications of trees and shrubs shall be used on the site plan where the trees and shrubs exist or where such vegetation will be planted. All such trees and shrubs shall be labeled as to size and whether existing or proposed. 
(7)   Material samples.  The application shall include a list of primary materials (ex., brick, stone, roofing, paint chips) to be used on the projects exterior and the applicant shall bring representative material samples to the planning commission meeting. 
(8)   Additional dimensional information.  The following additional information shall be required (all dimensional) for all site plans: 
a.   Dimensioned floor plans.
b.   A survey showing existing lot lines, structures, parking areas and other improvements on the site and within 100 feet of the site.
c.   Dimensions and centerline of existing and proposed roads and right-of-ways.
d.   Acceleration, deceleration and passing lanes, where required.
e.   Proposed location of access drives and on-site driveways.
f.   Loading and unloading areas.
g.   Location of existing and proposed interior sidewalks and sidewalks in the right-of-way.
h.   Exterior lighting locations, and light pole detail and specifications; provided that the building official or planning commission may also require a more detailed lighting plan and/or photometric studies to assure adequate protection of surrounding properties.
i.   All utilities serving the area located on the site.
j.   Trash receptacle location and method of screening, including information detailing specific material samples that compliment the proposed construction.
k.   Transformer pad locations, mechanical equipment location, and method of screening.
l.   Location of front, side and rear setbacks, height restriction, and yard dimensions.
m.   Dimensioned parking spaces and parking coverage, preliminary drainage plan, drives and method of paving, and cross sections and details of all curbs and ramps.
n.   Location of lawns and landmark trees, hardscape and landscape areas, including specific plant materials proposed. A landmark tree is any tree that has a trunk over 12 inches in diameter as measured from 4 1/2 feet from the average ground level.
o.   Greenbelt, wall or berm locations and cross sections.
p.   All existing and proposed easements.
q.   Designation of fire lanes and fire hydrant locations.
r.   Building elevations including location, height and outside dimensions of all proposed buildings and structures, including color renderings.
s.   Location, size, height and lighting of all proposed signs.
t.   Swimming pool fencing details, including height and type of fence, if applicable.
(Code 1975, § 5-21-7; Ord. No. 810, § 98-448, 8-7-2006)

Sec. 50-41.  Standards for approval.
The planning commission shall approve a site plan if the site plan meets all applicable standards set forth in this Code. If such site plan does not comply with such provisions, the plan may be approved by the zoning board of appeals by granting a waiver or variance of such deficiency and upon a finding by the zoning board of appeals or the city council that the site design will be in compliance with the standards found in the zoning enabling act and this section. The planning commission may, as a basis for making such findings, require whatever site plan modifications it deems necessary, including the provision of additional site design amenities not specifically required by this Code, in order to protect natural resources and the health, safety and welfare and the social and economic well-being of the people. In addition, the planning commission shall use the following criteria in evaluating the site plan:
(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 uses and structures. 
(2)   Site design characteristics.  All elements of the site design shall be harmoniously and efficiently organized in relation to topography, the size and type of plot, the character of the adjoining property and the type and size of buildings. The site plan shall be so developed so as not to impede the normal and orderly development or improvement of surrounding property for the uses permitted. 
(3)   Preservation of natural areas.  The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Appropriate provisions shall be made for either the preservation of landmark trees or alternative measures to assure future plantings within the city. 
(4)   Privacy.  The site design shall provide reasonable visual and sound privacy for dwelling units located within the project and adjacent to the project. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and the privacy of its occupants. 
(5)   Emergency vehicle access.  All buildings or groups of buildings shall be so arranged as to permit emergency vehicles access by some practicable means to all sides. 
(6)   Ingress and egress.  Every structure or dwelling unit shall be provided with adequate and safe means of ingress and egress via public streets and walkways. 
(7)   Separation of vehicle and pedestrian circulation.  The site plan shall provide a pedestrian circulation system which is insulated as completely as is reasonably possible from the vehicular circulation system. 
(8)   Arrangement of streets and pedestrian ways.   
a.   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.
b.   In order to achieve adequate and safe traffic circulation, the planning commission may recommend and the city council may require dedication of a public right-of-way through the site, prior to site plan approval. The planning commission may also recommend and the city council may require that marginal access drives be constructed to serve adjacent buildings, parking areas and loading zones, and thereby reduce the number of outlets onto major thoroughfares or roads. If such marginal access drive is required, the city council may require the deposit of a performance guarantee with the city clerk to ensure completion of the drive.
(9)   Drainage.  Appropriate measures shall be taken to ensure that the removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Provisions shall be made for the construction of sewer facilities, including grading, gutters, piping and treatment of turf to handle stormwater and prevent erosion and the formation of dust. Surface water on all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic and will not create puddles in paved areas. 
(10)   Exterior lighting.  Exterior lighting shall be designed so that it is shielded from adjacent properties and so that it does not impede the vision of traffic along adjacent streets. 
(11)   Public services.  The scale and design of the proposed development shall facilitate the adequate provision of services currently furnished or as may be required of the city, including fire and police protection, stormwater removal, sanitary sewage removal and treatment, traffic control and administrative services. 
(12)   Landscaping, fences and walls.  The site plan shall provide for landscaping consistent with the quality and character of landscaping on nearby properties. Visually unattractive structures (ex., transformers, generators, utility cabinets, mechanical equipment and similar structures or equipment) shall be screened with either landscaping, fencing or walls. The planning commission may require additional landscaping fences or walls in accordance with the standards and intent of this article. 
(13)   Exterior building treatment.  The exterior building materials and treatment shall be of finished quality, consistent with the quality of exterior treatment on surrounding buildings and the design standards ordinance. Examples of finished quality exterior materials include brick, wood siding and glass. Examples of materials not considered finished quality in commercial office and residential areas include painted cement block. 
(14)   Trash receptacles.  Any trash receptacles shall be appropriately screened and utilize quality materials that complement the proposed site and adjacent properties. 
(Code 1975, § 5-21-8; Ord. No. 810, § 98-449, 8-7-2006)

Sec. 50-42.  Fees, recoverable costs; lien.
(a)   Application fee.  The applicant shall pay a nonrefundable $350.00 fee at the time the application is submitted. 
(b)   Cost recovery.  This section only applies if the preapplication process determines that review costs to the city are likely to involve outside consultant fees and costs. Fees for review of site plans, applications for special land use approval, and for certificates issued under the provisions of this chapter shall be collected by the city in advance of the review or issuance of the permits, certificates or approvals. The amount of the fees shall be established and revised by the city council from time to time by resolution, and shall include the cost of inspection and supervision for the enforcement of this chapter. All fees shall be paid to the general fund of the city. 
(1)   Every application for approval of a site plan or a special land use permit shall be accompanied by a nonrefundable application and filing fee established by the city council, plus a deposit for the estimated recoverable costs to be incurred by the city in processing the application, as shall be fixed from time to time by administrative order of the city manager. The owner of the property subject of the application and, if different, the applicant shall sign the application. Both shall be jointly and severally liable for the payment of the fee and the city's recoverable costs. By signing the application, the owner shall be deemed to have agreed to pay such fee and costs and to consent to the filing and foreclosure of a lien on the subject property to ensure collection of any unpaid fee and costs, plus the costs of collection.
(2)   The term "recoverable costs" means the costs incurred by the city in processing an application for a special use permit approval or approval of a site plan or PUD, and shall be deemed to consist at least of the following items of direct and indirect expenses:
a.   Legal publication (direct cost);
b.   Document preparation and review (hourly salary times a multiplier to be established from time to time by administrative order of the city administrator at a level sufficient to recover 100 percent of the direct and indirect cost of such service);
c.   Copy reproduction (direct cost);
d.   Document recordation (direct cost);
e.   Professional and technical consultant services such as engineers, architects, and community planners (direct cost);
f.   Legal review, consultation, and advice (direct cost);
g.   Inspection fees (direct costs);
h.   Conduct of any planning commission hearings (direct cost), including recording secretarial services and court reporter, if required.
(3)   At the request of an applicant for a special use permit, or for approval of a site plan, made before any engineering review, the building inspector will obtain a nonbinding estimate of the city's consulting engineers' or community planners' fees. During the review and process, the applicant's deposit pursuant to subsection (a) of this section will be adjusted upward or downward, as warranted, to accurately reflect the actual costs incurred by the city in processing the permit. The city shall give the applicant timely notice of any additions required to maintain a reasonable deposit balance. The city shall also notify an applicant when the processing costs surpass $5,000.00, and shall thereafter notify the applicant when such costs surpass each $500.00 increment greater than $5,000.00. The failure of the city to notify any applicant shall not relieve the applicant of the duty to pay all such costs and shall not prevent the city from assessing and collecting all its recoverable costs.
(4)   No application for a special use permit or for approval of site plan shall be considered complete unless all fees, deposits and costs due pursuant to this section have been paid. Every permit and approval issued pursuant to this Code, whether or not expressly so stated, shall be deemed to be conditioned on payment of fees and deposits as required by this section. The failure to fully pay any such amount when due shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued with respect to the land or development to which the unpaid fee or deposit relates.
(Ord. No. 810, § 98-450, 8-7-2006)

Sec. 50-43.  Notice requirements.
(a)   When public notice is required by this chapter, before a public hearing or other decision, a notice shall be provided as follows:
(1)   Publication.  Notice shall be published in a newspaper of general circulation in the city not less than 15 days prior to the public hearing. 
(2)   Mail/personal delivery.  Notice shall also be sent by mail or personal delivery to the owners of all property for which approval is being considered, to the owners of all real property within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet of the boundary of the property in question regardless of whether the property or occupant is located in the city. If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four such units or spatial areas, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure. This notice shall be given not less than 15 days prior to the date of the public hearing schedule. 
(3)   Contents.  The notice shall contain: 
a.   A description of the nature of the request to be heard.
b.   A description of the property that is the subject of the request. The notice shall include a listing of all existing street addresses within the property. If there are no street addresses, other means of identification may be used.
c.   A statement of when and where the request will be considered.
d.   A statement of when and where written comments will be received, and where the request is available for inspection.
(b)   If the nature of the proposed amendment is to rezone an individual property or several adjacent properties, then notice shall be provided as described above. However, if 11 or more adjacent properties are proposed for rezoning, then notice shall be provided under MCL 125.3202(3).