Village of Bellevue, MI Article XXII Site Plan Review

[Amended 10-27-2009 by Ord. No. 2009-002; 1-22-2018 by Ord. No. 2018-001]

§ 155-22.01 Purpose.

It is the purpose of this article to specify standards, application and data requirements, and the review process that shall be followed in the preparation of site plans as required by this chapter. These requirements are incorporated into the zoning permit application process to ensure that the appropriate bodies are afforded an opportunity to review and evaluate proposed uses and development of sites with regard to such considerations as parking, vehicular and pedestrian circulation, drainage, landscaping and screening, signage, lighting, environmental and community character protection, and conformance with all applicable provisions and standards of this chapter.

§ 155-22.02 Site plan approval required.

A. Uses requiring site plan approval. Except as provided by Subsection A(1) below, site plan approval is required prior to the Zoning Administrator's issuance of a zoning permit for the establishment or alteration of any use, building or structure including multiple-family developments, commercial and industrial uses, institutions, site condominiums, and platted subdivisions. For the purpose of this section, "the establishment or alteration of" shall be construed to also include "the initiation of," "the expansion of," and "the relocation of."

(1) Exceptions:

(a) Agricultural buildings, single-family dwellings and two-family dwellings, and alterations and accessory structures and buildings thereto, including driveways, shall be subject to plot plan approval by the Zoning Administrator according to § 155-24.04B.

(b) Uses and structures expressly exempted elsewhere in this chapter.

§ 155-22.03 Review procedures.

A. Optional preapplication conference. Prior to the submission of a site plan, a prospective applicant may request a meeting with the Zoning Administrator, together with such consultants and local officials and staff as either the Village or the applicant deem appropriate. The purpose of such a meeting shall be for the prospective applicant to inform Village officials of the general theme for the proposed development and to provide the potential applicant with information regarding land development policies, procedures, standards and requirements of the Village pertaining to the development being contemplated. At the preapplication conference, the applicant may present a general sketch plan of the proposed site plan which provides an overview of the proposed project such as property location, lot lines and the general location of proposed buildings, streets, and parking areas. Statements made in the course of a preapplication conference shall not be legally binding nor be interpreted as assuring or suggesting a specific action by the Planning Commission on any subsequent site plan submittal.

B. Optional preliminary site plan. Prior to preparing a detailed final site plan and seeking approval of such final site plan, the applicant may seek approval of a preliminary site plan for the purpose of receiving approval of the general design and layout of the project. A preliminary site plan shall be reviewed and acted upon in the same manner as a final site plan, as delineated in Subsections C through F below:

(1) Level of detail. A preliminary site plan shall be prepared according to the manner and information required for a final site plan pursuant to § 155-22.03C, except that detailed construction drawings to address specific site improvements are not necessary. However, the detail of the preliminary information shall adequately portray the arrangement and feasibility of critical components of the project such as, but not limited to, stormwater management including flow direction and preliminary location of detention/retention basins; general grading including limits of clearing and proposed contours; vehicular circulation, including general street alignments, parking spaces, parking circulation and respective dimensions; approximate lot areas and lot lines; signage; and landscaping.

(a) A preliminary site plan shall be evaluated according to the level of information required at the preliminary plan level. A preliminary plan shall be approved if it contains the information required by, and is in compliance, with this chapter, the conditions imposed pursuant to this chapter, other Village planning documents, other applicable ordinances, and state and federal statutes.

(2) Approval period. Approval of the preliminary site plan is valid for a period of 18 months except where this chapter provides otherwise. If a complete final site plan has not been submitted during this period, the approval of the preliminary site plan shall be null and void. This time limit may be extended by the Planning Commission upon its finding that no substantial changes have occurred to ordinance regulations, abutting properties, or other conditions that suggest revisions to the layout and/or design of the development. In the case of an expired preliminary site plan that is not granted an extension of time, such plan shall not undergo review or action except upon the applicant submitting a wholly new application according to this section.

C. Final site plan submittal, distribution and data. A minimum of 12 copies of a final site plan shall be submitted to the Zoning Administrator along with a zoning permit application form for the proposed development for which site plan approval is being sought. Upon receipt of the final site plan, the Zoning Administrator shall record the date of their receipt and transmit copies to the Planning Commission and other agencies or individuals selected to review the site plan. Additional site plan copies may be required by the Zoning Administrator upon determination that the additional copies are necessary in association with reviewing agencies.

(1) Site plan preparation. A site plan shall be provided on a professional quality drawing of scale not less than one inch equals 50 feet and shall clearly present the required information. All information depicted shall be designed by a professional engineer, land surveyor, or landscape architect licensed in Michigan and shall bear the seal and signature of the licensed individual. The site plan shall present all necessary information in a clear and comprehensible fashion and be of such clarity and detail to permit determination of its conformance to this chapter and the satisfactory construction of the project. Sheet size shall not exceed 24 inches by 36 inches. The following information shall be included on a site plan.

(a) General information. Each site plan sheet shall include the following general information in addition to the information required under Subsection C(2) and (3):

[1] The applicant's full name, address and phone number.

[2] The name, address and phone number of the person and firm responsible for the site plan sheet's preparation; and the name of the proposed development.

[3] Bar/graphic scale and north arrow.

[4] The most current revision date on each sheet.

(b) Specific site information. A site plan shall include the specific site information required under Subsection C(2) and (3) below except where the Planning Commission determines that the waiving of specific submittal items, due to the particular character of proposed development or site or surrounding conditions, shall not undermine the effective evaluation of the extent to which the site plan complies with the standards of this chapter and protects the public health, safety and welfare. The Planning Commission may subsequently void this waiver should deliberations reveal the need for additional information.

(2) Site plan/existing conditions information. The site plan shall identify the existing conditions on the subject property and shall portray the following minimum information:

(a) General map identifying the site within the Village and a more detailed location map identifying all streets and street names within 750 feet of the site and adjacent land uses.

(b) A property line survey, correlated with a legal description, showing property line dimensions and bearings and net acreage (minus rights-of-way) and total acreage, to the nearest 1/100 acre or square foot.

(c) Zoning classification of applicant's lot and all abutting lots.

(d) Distance from lot frontage corners to nearest driveways along both sides of such frontage.

(e) Notation of any variances that have been granted.

(f) Buildings and structures including dimensions, height, and setbacks from lot lines, with a designation as to which are to be retained, removed, or otherwise altered.

(g) Streets, drives and alleys including surface materials and surface and right-of-way widths.

(h) Parking space and aisle dimensions and the total number of spaces.

(i) Natural features including soil types and soil unit boundaries; topography at minimum two-foot contour intervals, referenced to a United States Geological Survey benchmark and extending a minimum distance of 50 feet from all lot lines; lakes, ponds, continuous and intermittent drainagecourses; floodplains; and wetlands including the source of wetland delineation information.

(j) Nonmotorized travel ways, including trails, paths, and sidewalks, and the widths of each.

(k) Utilities, including sanitary sewer, septic system, potable water, electricity, communication and gas service.

(l) Location, width and purpose of all easements and rights-of-way, including for utilities, access, and drainage.

(3) Site plan/proposed modifications. A site plan shall identify proposed modifications to the subject property, including the following minimum information:

(a) Buildings and structures, including location, height, outside dimensions, floor area of each and in total, floor plans and elevations, and required setbacks. Elevations shall indicate type and color of exterior materials, roof design, projections, canopies, awnings, overhangs, screen walls, and outdoor or roof-located mechanical equipment such as air-conditioning units, heating units, and transformers.

(b) Accessory structures including the location, dimensions, and construction details for signage; location and height of lighting; and location, dimensions and construction details for fences and walls;

(c) Streets, drives and other access and circulation features, including sidewalks and trails; driveway entrances; center lines; surface materials; surface and right-of-way widths; inside radii of all curves, including driveway curb returns; acceleration, deceleration, passing and fire lanes; typical cross section of streets and driveways; loading and unloading areas; and parking lots, including configurations, parking space and aisle dimensions, location of handicap parking spaces, total number of parking spaces, and the basis for calculating the required number of parking spaces. Proposed traffic control measures (signs) shall also be indicated.

(d) Landscape plan prepared according to and identifying the information required by Article XXIII.

(e) Accessory structures and use areas, including outdoor storage, trash receptacle and transformer pad locations and method of screening, and exterior lighting locations and method of shielding lights from adjacent properties.

(f) Proposed source and location of all public and private utilities, including gas, electric, and telephone service; potable water and sewage disposal including sewer and water mains, septic field facilities, well sites, water service leads and hydrants; and the necessary easements that exist or are to be established for installation, repair and maintenance of such utilities.

(g) Proposed grading, storm drainage and stormwater management plan, including soil erosion and sedimentation control measures and spot elevations to adequately portray drainage patterns and final elevations and grades, and proposed topography at minimum one-foot contours. Such plan shall include the location of drainage easements, exterior drains, dry wells, catch basins, retention and/or detention areas, sumps and other facilities designed to collect, store or transport stormwater. The point of discharge for all drains and pipes shall be specified on the site plan as well as invert and related elevations, and pipe lengths and slope, to construct the same. Such plans shall document the extent of clearing of vegetation and the extent of other clearing, cuts, fills, or other grading, and the finished floor elevations of all buildings.

(h) Proposed location and specifications for any existing or proposed aboveground or below-ground storage facilities for any flammable, toxic or hazardous substances, as well as any containment structures or clear zones required by government authorities; a complete inventory of toxic or hazardous substances to be stored or used on the site, including the quantity of substances, substance names and characteristics; the proximity of such materials to groundwater aquifers, wetlands, surface waters, existing and proposed wells, storm sewers, storm drains, and sanitary sewers; and a proposed storage and disposal plan for such materials including their transfer and/or transport.

(i) Location and description of all easements and rights-of-way for utilities, access, and drainage.

(j) Intended schedule for completing the project, including the timing of project phases.

(k) A statement identifying all federal, state and local permits required, if any.

(l) In the case of a platted subdivision, condominium subdivision or similar residential development, the number, type and location of each type of residential unit on each lot; density calculations; garage and carport locations; street alignments, widths, names and intersection details; community building locations, dimensions, floor plans, and facade elevations; the location, size and purpose of open space and recreation areas including swimming pool deck and fencing details. If common area or community buildings are proposed, the site plan shall indicate the responsibilities of the subdivision or condominium association, property owners, or other entity, with regard to maintenance of the common areas or community property on a continuing basis.

(m) Any additional information that may be determined necessary to enable Village officials to determine compliance with the standards of this chapter.

D. Zoning administrator review of final site plan for completeness. Upon receipt of the application materials, the Zoning Administrator shall review the materials and determine their completeness. If determined to be insufficient in adequately portraying the required information, the Zoning Administrator shall not forward the material to the Planning Commission and the applicant shall be notified, in writing, of the deficiencies.

E. Planning Commission action on final site plan. Upon receipt of a complete application, the Planning Commission shall review the final site plan application materials and determine their conformity with the applicable provisions of this chapter, including the standards of § 155-22.04. After conducting a review, the Planning Commission shall deny, approve, or conditionally approve the final site plan as it pertains to requirements and standards contained in this chapter, including the standards of § 155-22.04. A site plan shall be approved if it contains the information required by, and is in compliance with this chapter, the conditions imposed pursuant to the ordinance, other Village planning documents, other applicable ordinances, and state and federal statutes. Any conditions required by the Planning Commission for approval shall be stated, in writing, together with the reasons, and delivered to the applicant.

(1) Revised site plan. The Planning Commission may require the submittal of a fully revised final site plan upon determining that the conditions necessary for the approval of such plan are of such an extent or character that a fully revised set of documents is necessary before an approval action can be granted.

(2) Application completeness. The Zoning Administrator's finding that an application is sufficiently complete according to Subsection D shall not prohibit the Planning Commission from requiring additional information if it finds the additional information is necessary to adequately evaluate the application according to the standards of the ordinance.

F. Issuance of zoning permit/building permit required. Upon approval or conditional approval of a site plan by the Planning Commission, the Zoning Administrator shall issue a zoning permit authorizing the use and construction subject to the approved application. Where a conditional approval expressly provides for the delay of the issuance of a zoning permit until a specific condition has first been met, the Zoning Administrator shall delay the issuance of the permit until the condition has been met.

(1) Building permit required. Upon issuance of a zoning permit, no construction shall be initiated prior to the acquisition of all necessary building permits from the Building Inspector.

G. Approved site plans. Three copies of an approved site plan, with any conditions contained within, shall be maintained as part of the Village records for future review and enforcement. One copy shall be returned to the applicant. Each of the three approved copies shall be dated and signed by the Zoning Administrator and Planning Commission Chairperson, with the date of approval specified.

H. As-built drawings. The applicant shall submit three copies of as-built drawings upon completion of construction activities, but no later than 60 days from the issuance of a permit of occupancy by the Building Inspector. Such drawings shall identify all improvements made upon the site including the location of all aboveground and below-ground utility lines.

§ 155-22.04 Site plan approval standards.

A. Specific site development standards. A preliminary and final site plan shall conform with the specific site development standards of this chapter including, but not limited to, requirements pertaining to lot area, lot width, setbacks, building heights, permitted uses, nonconformities, lighting, potable water, sewage disposal, and the provisions of:

(1) Article XV, Schedule of Regulations.

(2) Article XVII, Special Land Uses.

(3) Article XVIII, General Exceptions.

(4) Article XIX, Nonconforming Uses and Structures.

(5) Article XX, Off-Street Parking and Loading.

(6) Article XXI, Signs.

(7) Article XXIII, General Provisions.

B. General site plan approval standards. In addition to compliance with the standards of Subsection A above, all site plans shall comply with the following general site plan approval standards:

(1) Site organization. All elements of the site plan shall be harmoniously and efficiently organized in relation to the size and character of the lot, the manner in which buildings and support facilities on the lot relate to one another both visually and physically, and the character of the proposal as viewed from nearby properties and streets.

(2) District purpose. The site plan shall be of a character that supports the purpose of the district in which the development is to be located.

(3) Surrounding properties. The site plan shall not impede the normal and orderly development, improvement, or enjoyment of surrounding property for uses permitted in the district, including matters pertaining to visual impacts from lighting, signage, outdoor storage, and off-street parking. Landscaping measures shall be employed to enhance the development's character and encourage compatibility with existing and planned development and uses in the area. All site features, including circulation, parking, building orientation, landscaping, lighting, utilities, common facilities, and open space, shall be coordinated with adjacent properties as opportunities may present.

(4) Environmental character. The site plan shall preserve the environmental character of the site insofar as practical by minimizing the removal or disturbances to on-site natural features such as trees, woodlands, soils, topography, watercourses and wetlands.

(5) Stormwater management. The site plan shall provide for the removal of stormwater so as to minimize on-site flood conditions and ensure the well being of the users of the property, while not adversely affecting adjacent properties, streets and rights-of-way, and public and natural drainage systems, due to flooding, erosion, sedimentation, or other negative impacts. Stormwater management plans shall rely on existing drainage patterns where practical and minimize topographic alterations, and incorporate the necessary measures to discourage soil erosion and sedimentation and the discharge of impurities into the groundwater and surface waters.

(6) Circulation. The site plan shall provide vehicular and nonmotorized circulation and parking in a manner that ensures visually clear, safe, convenient and efficient travel in the site and at ingress and egress points. The circulation plan shall minimize congestion, conflicting turning patterns, negative impacts upon abutting properties, and the avoidance of unnecessary curb cuts and streets. New curb cuts, drives and streets shall be coordinated with the existing and planned public circulation system and improvements thereto, and shall ensure adequate sight distances. All buildings shall be arranged as to permit emergency access by some practical means to all sides.

(7) Utilities. The site plan shall provide for all necessary utilities and such utilities and easements shall be appropriately located to ensure ease of access and servicing and coordination with other site features. Underground facilities shall be provided to the greatest extent feasible.

(8) Phasing. Where a project is proposed for construction in phases, the site plan phasing shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of natural resources and the health, safety and welfare of the users of project and surrounding properties.

(9) Other. Site plans shall conform to all applicable Village planning documents including the goals and objectives of the Village of Bellevue Master Plan, other applicable ordinances, and state and federal statutes.

§ 155-22.05 Conformity to approved site plans.

Property which is the subject of site plan approval shall be developed in compliance with the approved site plan and any approved changes thereto. If construction or use of the property does not conform to such approved plans, the zoning permit issued for the project shall be subject to revocation pursuant to § 155-24.04C.

§ 155-22.06 Changes to approved site plan.

A. Site plan changes. No changes shall be made to an approved site plan prior to, during, or after construction except according to the following procedures:

(1) Major changes. Major changes to an approved site plan shall be reviewed and acted upon according to § 155-22.03, including the approval standards of § 155-22.04, and subject to Planning Commission approval. A "major change" shall include the following:

(a) A change in excess of five feet in the location of vehicular circulation ways, parking areas, or exterior building walls.

(b) A change in the number of accesses to a street or alley or any other change impacting the basic circulation pattern and/or traffic flow.

(c) A reduction or increase of more than four parking spaces or 100 square feet of floor area.

(d) An increase in the number of dwelling units, or the realignment of lot lines in a platted or condominium subdivision where such realignment exceeds five feet at any single point.

(e) An increase of more than three feet in building height.

(f) The addition of a building.

(g) The relocation of outdoor storage areas or other outdoor use areas.

(h) The reoccupancy of a vacant building.

(2) Minor changes. Minor changes shall be subject to Zoning Administrator approval. Approved changes shall be clearly specified, in writing, and signed by the Zoning Administrator. The Zoning Administrator shall keep accurate records of approved changes. The Zoning Administrator may defer action on a minor change to the Planning Commission.

(a) Minor changes to an approved site plan shall include changes not otherwise identified as a major change in Subsection A(1) above, including changes to required landscaping and screening where the change will not alter the overall appearance and effectiveness of the required landscaping and screening, and changes to the location, elevation or grade of storm sewer, sanitary sewer, or other utilities where the Village Engineer has approved such changes.

§ 155-22.07 Preexisting site plans under review.

All development subject to site plan approval shall comply with the regulations and standards of this chapter except in the case where a development plan has received preliminary site plan approval prior to the effective date of this chapter or amendment thereto. In such case, the final site plan shall be reviewed using the procedures and substantive standards under the Ordinance in effect at the time of the preliminary plan approval, provided the final site plan is filed with the Zoning Administrator within one year of the effective date of this chapter or amendment thereto, contains all required information and is accompanied by all required fees.

§ 155-22.08 Expiration of site plan approval.

Unless expressly authorized otherwise by this chapter, an approved site plan shall become null and void at the time the zoning permit issued for the approval site plan may become null and void according to § 155-24.04C. In the case of a multi-phased project, site plan approval for a second or subsequent phase shall become null and void when a zoning permit has not been issued within one year of the intended initiation of such phase, according to the approved site plan.