City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 738, passed 2-22-2010]
A Planning Review Committee is hereby established. It shall consist of the City Board of Public Utilities Engineering Representative, City Planner/Zoning Administrator, and a Public Safety Department Representative. It shall act as an administrative committee assisting the Planning Commission in its deliberations.
[Ord. No. 738, passed 2-22-2010]
The purposes of the site plan review are to determine compliance with the provisions of this Zoning Code; to promote the orderly development of the City; to prevent the depreciation of land value because of uses or structures which do not give proper attention to siting or area protection; and to provide consultation and cooperation between applicants and the Planning Commission so that applicants may accomplish their objectives in the utilization of their land in conformity with the provisions of this Zoning Code.
[Ord. No. 738, passed 2-22-2010]
A site plan, prepared in accordance with the requirements of this chapter, shall be submitted to the Planning Review Committee for review and recommendation to the Planning Commission. A site plan will be required for all proposed uses, including change of use, and certain existing uses within the City where an alteration, addition, expansion, change or conversion constitutes an increase or reduction to the existing structure, parking or use of more than 10%. Site plan review shall also be required prior to the paving of any off-street parking. Site plan review shall not be required for the following:
(a) 
Single and two-family dwelling units on individual lots.
(b) 
Residential and agricultural accessory buildings.
(c) 
Nonresidential accessory buildings less than 1,000 square feet in area.
Uses with approved site plans or existing buildings, which propose a change constituting 10% or less of the building floor area or 10% or less of the required parking spaces shall be reviewed, approved and administrated by the Planning Review Committee.
No grading, removal of trees or other vegetation, land-filling or construction of improvements shall commence for any development which requires site plan approval until a site plan is approved and is in effect.
[Ord. No. 738, passed 2-22-2010]
(a) 
An application for site plan review shall be made to the Zoning Administrator, along with a fee as required by resolution of Council. The application shall, at a minimum, contain the following information.
(1) 
The applicant's name, address and telephone number.
(2) 
Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.
(3) 
The name, address and telephone number of the owner(s) of record, if different from the applicant.
(4) 
The address and/or parcel number of the property.
(5) 
A project description, including the number of structures, dwelling units, square feet of the building, parking spaces and employees.
(6) 
Gross and net acreage of all parcels in the project.
(b) 
City staff shall review the plan with the applicant and attempt to resolve areas of noncompliance and concern.
(c) 
A copy of the site plan may be forwarded to the Police and/or Fire Departments for review as deemed appropriate by the Zoning Administrator.
(d) 
Fifteen copies of the site plan shall be submitted with the application for site plan review.
(e) 
The Zoning Administrator shall forward the application and copies of the plan to the Planning Commission within 30 days of the receipt of the application.
[Ord. No. 738, passed 2-22-2010]
The site plan shall contain the following information, unless the Zoning Administrator waives compliance:
(a) 
Applicant and/or owner's names, addresses and telephone numbers.
(b) 
Professional seal of architect, engineer, surveyor, landscape architect, or planner, and their name and address, phone number and e-mail if available.
(c) 
Scale, north arrow, date of plan preparation, and date of each revision. Sheet size shall be at least 24 inches by 36 inches with plan view drawn to a scale of no greater than one inch equals 50 feet for property less than three acres or no greater than one inch equals 100 feet for property three or more acres.
(d) 
Vicinity/locational map drawn at a scale of one inch equals 2,000 feet with north point indicated.
(e) 
Location of existing and proposed lot lines, including dimensions, gross and net acreage figures, and zoning classification of the site.
(f) 
Adjacent land uses, property owners, zoning and location of adjacent buildings or structures, property lines, rights-of-way, abutting streets, drives, curb cuts, and access easement, and parking within 100 feet of subject property.
(g) 
Location and dimensions of existing and proposed buildings/structures; including intended uses, floor area, number of floors, width, length, height, number and type of dwelling units (where applicable), and setback distances.
(h) 
Existing natural and man-made features to be retained and/or removed. Locations of natural resource features, including woodlands and areas with slopes greater than 10% (one foot vertical elevation for every 10 feet of horizontal distance).
(i) 
Location of existing and proposed water bodies, watercourses, including County and City drains, man-made surface drainage ways, floodplains and wetlands.
(j) 
The location of all existing and proposed access drives, street intersections, driveway locations, sidewalks, bike paths, curbing, and other walkways associated with the site, including general alignment, right-of-way, surface type, width and centerline.
(k) 
Location, number and size of parking spaces, including width and method of surfacing, dimensions of spaces and aisles, acceleration, deceleration and passing lanes and approaches.
(l) 
Proposed phasing of project.
(m) 
The location of all accessory structures, including light poles, flagpoles, storage sheds, transformers, dumpsters, including method of screening.
(n) 
Detailed signage and lighting plans, including locations and illumination patterns, for both existing and proposed parking lots and structures.
(o) 
A landscape plan indicating the location, type and quantity of plant materials both existing and proposed. The location and description of all existing berms, fencing, walls, and other screening provisions.
(p) 
Location of outdoor storage/display areas including a description of the items to be located outdoors, as well as the location and description of required screening.
(q) 
Loading and unloading areas for commercial and industrial developments.
(r) 
Storage and containment areas, if the use of hazardous substances is involved.
(s) 
Location and size of all existing and proposed utility services above and below ground, to include water, electric, gas, phone, cable, storm water, storm sewer, catch basins, and fire hydrants.
(t) 
Location and width of any easements (utility and otherwise) on the site.
(u) 
Designation of fire lanes.
(v) 
Any other pertinent physical features.
(w) 
Soil characteristics of the parcel to at least the detail provided by the U.S. Soil Conservation Service, Soil Survey of Branch County, Michigan.
(x) 
Existing topography with a maximum contour interval of two feet. Topography on the site and beyond the site for a distance of 100 feet in all directions should be indicated. Grading plan, showing finished contours at a maximum interval of two feet, correlated with existing contours so as to clearly indicate required cutting, filling, grading, and the direction of drainage.
(y) 
Any other items as deemed necessary by the Planning Review Committee in order to ensure that the proposed development is in compliance with this Zoning Code and other local ordinances, as well as State and Federal Statutes.
Additional Requirements for Multiple-Family Residential Developments
(z) 
Density calculation by type of unit.
(aa) 
Designation of units by type and number of units in each building.
(bb) 
Carport locations and details where proposed.
(cc) 
Specific amount and locations of recreation spaces.
[Ord. No. 738, passed 2-22-2010]
(a) 
The Planning Commission and the Planning Review Committee shall review the site plan for compliance with the requirements of this Zoning Code and conformity to the following general standards:
(1) 
All elements of the site plan shall be harmoniously and efficiently organized in relation to topography, the size and type of the lot, the character of adjoining property and the size and type of buildings. The site shall be developed so as not to impede the normal and orderly development or improvement of surrounding property for uses permitted in this Zoning Code.
(2) 
The landscape shall be preserved in its natural state, insofar as practical, by minimizing tree and soil removal and by topographic modifications, which result in maximum harmony with adjacent areas.
(3) 
All storm water shall be detained on site for controlled release. Special attention shall be given to proper site drainage such that the controlled release of storm waters will not adversely affect neighboring properties.
(4) 
The site plan shall provide for reasonable visual and sound privacy for all dwelling units located on the site. Fences, walks, barriers and landscaping shall be used, as appropriate, for the protection and enhancement of property and for the privacy of its occupants.
(5) 
All buildings or groups of buildings shall be so arranged as to permit emergency access by some practical means to all sides.
(6) 
Every structure or dwelling unit shall have access to a public street, walkway or other area dedicated to common use.
(7) 
There shall be provided a pedestrian circulation system, which is insulated, as completely as reasonably possible, from the vehicular circulation system.
(8) 
All loading and unloading areas and outside storage areas, including areas for the storage of trash, which face or are visible from Residential Districts or public thoroughfares, shall be screened by a vertical screen consisting of structural or plant materials no less than six feet in height.
(9) 
Exterior lighting shall be arranged so that it is deflected away from adjacent properties and so that it does not impede the vision of traffic along adjacent streets.
(10) 
With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to the location and number of access points, general interior circulation, the separation of pedestrian and vehicular traffic, and the arrangement of parking areas that are safe and convenient and that do not, insofar as practicable, detract from the design of the proposed buildings and structures and the neighboring properties.
(11) 
All streets shall be built in accordance with the requirements of the City.
(12) 
Site plans shall conform to all applicable requirements of State and Federal statutes, and approval may be conditioned on the applicant receiving necessary State and Federal permits before final site plan approval or an occupancy permit is granted.
(13) 
Standards for groundwater protection and Coldwater's wellhead protection plan, as approved by the Michigan Department of Health and the Michigan Department of Natural Resources on October 7, 1994, shall be as follows:
A. 
The project and related improvements shall be designed to protect the natural environment, including lakes, ponds, streams, wetlands, floodplains, groundwater and steep slopes.
B. 
General purpose floor drains shall be allowed only if they are connected to a public sewer system, an on-site holding tank, or a system authorized through a State groundwater discharge permit.
C. 
Sites at which hazardous substances and polluting materials are stored, used or generated shall be designed to prevent spills and discharges to the air, to the surface of the ground, and to groundwater, lakes, streams, rivers or wetlands.
D. 
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 groundwater, including direct and indirect discharges, shall be allowed without required permits and approvals.
E. 
Secondary containment for aboveground areas where hazardous substances and polluting materials are stored or used 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.
F. 
Outdoor storage of hazardous substances and polluting materials shall be prohibited except in product-tight containers, which are protected from weather, leakage, accidental damage and vandalism.
G. 
Secondary containment structures such as out-buildings, storage rooms, sheds and pole barns shall not have floor drains which outlet to soils, groundwater or nearby drains or rivers.
H. 
Areas and facilities for loading or unloading of hazardous substances and polluting materials, as well as areas where such materials are handled and used, shall be designed and constructed to prevent discharge or runoff to floor drains, rivers, lakes, wetlands, groundwater or soils.
I. 
Existing and new underground storage tanks shall be registered with the authorized State agency in accordance with requirements of the U.S. Environmental Protection Agency and the State Police Fire Marshal Division.
J. 
Installation, operation, maintenance, closure and removal of underground storage tanks shall be in accordance with requirements of the State Police Fire Marshal Division. Leak detection, corrosion protection, spill prevention and overfill protection requirements shall be met. Records of monthly monitoring or inventory control must be retained and available for review by government officials.
K. 
Out-of-service abandoned underground tanks shall be emptied and removed from the ground in accordance with the requirements of the State Police Fire Marshal Division and the Michigan Department of Natural Resources.
L. 
Site plans shall take into consideration the location and extent of any contaminated soils and/or groundwater on the site and the need to protect public health and the environment.
M. 
Development shall not be allowed on or near contaminated areas of a site unless information from the Michigan Department of Natural Resources is available indicating that clean-up will proceed in a timely fashion.
N. 
No aboveground storage of hazardous substances and related secondary containment facilities shall be located within 50 feet of any property line or 100 feet of any residentially zoned property.
O. 
No underground storage tank shall be within 30 feet of any property line or 50 feet of any residentially zoned property.
(b) 
The Planning Commission shall notify the Zoning Administrator and the applicant of its decision within 30 days of the meeting at which the plan was reviewed. Failure to do so will cause the project to be approved unless the failure is beyond the ability of the Planning Commission to control. The applicant may waive this requirement.
(c) 
In compliance with the Michigan Zoning Enabling Act (M.C.L.A. 125.3505, as amended), the Planning Commission may require, upon staff recommendation, a performance bond, letter of credit, certified check or cash bond, in an amount equal to the estimated cost of the improvements associated with the project (as defined by M.C.L.A. 125.3505, as amended). Such performance guarantee shall be deposited with the City Finance Director/Treasurer at the time of the issuance of the permit authorizing the activity or project to ensure faithful completion of the improvements indicated with the approved site plan. If not completed, said performance bond shall be forfeited. The City shall rebate a proportional share of cash deposits only when requested by the depositor, based on the percentage of improvements completed, as attested to by the depositor and verified by the Zoning Administrator.
(d) 
A site plan approved under this section shall be valid for a period of one year. If construction has not commenced within this time period, the site plan shall become null and void. Upon a written request from the applicant, the Planning Commission may grant one extension of the site plan for a period not to exceed 60 days.
(e) 
The site plan shall be approved, denied or approved subject to any conditions that the Planning Commission may reasonably deem essential for the protection of the public health, safety and welfare of the community.
[Ord. No. 738, passed 2-22-2010]
All site improvements shall conform to the final site plan. A site plan may be amended upon application and in accordance with the procedure herein for a site plan. The Zoning Administrator shall have the authority to determine if a proposed change requires an amendment to an approved final site plan, provided that a revised final site plan drawing(s) be submitted showing such minor changes, for purposes of record.
Any changes, which result in a material alteration of the site plan approved by the Planning Commission, shall require re-submittal to the Planning Commission. The Planning Commission or Zoning Administrator may require the applicant to correct any physical changes to the site than were completed without prior approval, so as to conform to the approved final site plan. The Zoning Administrator is also hereby authorized to issue a stop work order to any project that is under construction with changes that have not received prior approval.
[Ord. No. 738, passed 2-22-2010]
The Zoning Administrator shall, upon approval of the final site plan and upon application by the applicant, issue a zoning compliance letter, provided that all other applicable City ordinances and codes have been complied with.
[Ord. No. 738, passed 2-22-2010]
Any person or party aggrieved by a decision of the Planning Commission under this chapter may appeal such decision to the Zoning Board of Appeals in accordance with the provisions of this Zoning Code. Such appeal shall be filed within 10 days of the date of a final decision made by the Planning Commission.