The purpose of this article is to require and review those documents
or drawings as specified in the ordinance, to ensure that a proposed
land use or development is in compliance with this ordinance, other
local ordinances, state statutes, and federal statutes. And furthermore,
its purpose is to ensure that development taking place within the
City of New Buffalo is properly designed, safe, efficient, environmentally
sound, and developed in such a manner as to protect adjacent properties
from adverse impacts.
All new construction and new uses, including the expansion of
existing buildings, structures, and uses (other than single-family
or two-family dwelling that are permitted by right in the zoning district
in which they are located) shall require site plan review. This shall
include uses permitted by right, private streets, public buildings
and structures, planned unit developments, special uses, mobile home
parks, and site condominium subdivisions.
The Planning Commission shall have the authority and responsibility
to review and make decisions regarding all plans submitted for site
plan review, except where this ordinance specifically provides authority
for other officials to conduct specified types of plan reviews. The
Planning Commission may delegate specified review activities to staff
or consultants as they may decide is appropriate.
Until a site plan is approved and in effect, no grading, removal
of vegetation, filling of land, or construction shall commence for
any development or use for which site plan approval is required.
[Amended 9-20-2016 by Ord. No. 219]
A.
Ten copies of a complete site plan shall be submitted to the Zoning
Administrator, along with an application for that purpose and a fee,
as established by resolution of the City Council from time to time.
B.
The Zoning Administrator shall review the site plan for completeness,
and shall obtain comments, as the Zoning Administrator considers necessary,
from the Department of Public Works, Water Department, Police Department,
Fire Department, City Planner, and other City departments or consultants.
Notice that site plan approval has been requested shall be mailed
for information purposes only to the owners of all abutting properties,
and other persons whom the Zoning Administrator deems appropriate.
All such notices shall be mailed at least seven days prior to the
meeting at which the Planning Commission will consider the site plan.
Any failure to give notice to the owners of abutting property pursuant
to this section shall not affect the validity of any action taken
by the Planning Commission pursuant to this chapter.
C.
Once the Zoning Administrator determines that the site plan is complete,
the Zoning Administrator shall transmit the site plan, along with
comments from City departments and consultants, to the Planning Commission
at least two weeks prior to the next meeting. The Zoning Administrator
shall not be required to submit any site plan for review which was
submitted less than 40 days prior to the next regularly scheduled
Planning Commission meeting.
D.
The Planning Commission shall consider the site plan and shall recommend to City Council: (1) approval of the site plan, as submitted, if all applicable requirements and standards have been met; (2) approval of the site plan with conditions; or (3) denial of the site plan if applicable requirements and standards have not been met. All recommendations of the Planning Commission with regard to site plans shall be accompanied by written findings of fact to support its position for each item under Section 19-9, Standards for site plan review.
E.
The reasons for the Planning Commission's action, along with any
conditions that may be attached, shall be stated in the meeting minutes
and a copy provided to the applicant.
F.
If approved, two copies of the final site plan shall be signed and
dated by the Secretary of the Planning Commission and the applicant.
One copy shall be kept on file with the City and one copy shall be
returned to the applicant or his designated representative.
The following information shall be required to be submitted
for site plan review.
A.
General information:
1.
The applicant's name, address, telephone number, and their interest
in the project and/or property.
2.
The name, address, and telephone numbers of the owner(s) of record
(or the firm or corporation having a legal or equitable interest in
the land), and the signatures of the owners authorizing the site plan
submittal.
3.
The name, address, and telephone number of the individual or firm
preparing the site plan.
4.
Project title.
5.
Proof of property ownership or purchase agreement.
6.
The legal description, address, and tax identification number of
the parcel.
7.
Written permission, signed by the property owner, granting the Planning
Commission and City Officials authority to enter onto property which
is the subject of an application for site plan approval. (This item
is optional.)
8.
Deed restrictions, master deed restrictions, and bylaws as applicable.
B.
Site analysis/project impact information:
1.
Existing topographic elevations at two-foot intervals, proposed grades,
and direction of drainage flows.
2.
The location of existing structures on the subject site and on adjacent
parcels within 50 feet of subject parcel.
3.
Location and type of significant existing vegetation.
4.
Location and elevations of existing watercourses and water bodies,
including county drains, and man-made surface drainage ways, floodplains,
and wetlands.
C.
Site plan information.
1.
A vicinity map.
2.
North arrow, and date of original submittal and all revisions.
3.
A grading plan showing finished contours at a minimum interval of
one foot, and correlated with existing contours so as to clearly indicate
cut and fill required (All finished contour lines are to be connected
to existing contour lines at or before the lot lines).
4.
Location of proposed and/or existing property lines with dimensions,
legal description, and statement or illustration of building setback
lines.
5.
The size of parcel (in acres) and a breakdown of use areas using
the categories: street rights-of-way, development area, and open space.
6.
The gross and net acreage of all parcels in the project. (Net acreage
is the size of the parcel in acres after subtracting any area that
is within a street right-of-way or formal access easement.)
7.
Land uses (residential, commercial, industrial, vacant, etc.) and
zoning classification for the subject parcel and adjoining parcels.
8.
Location of proposed buildings (including accessory buildings) and
intended uses thereof, as well as the length, width, height, and total
square footage of each building. For buildings housing multiple use
types, the square footage for each use type shall be provided.
9.
Indication of phases, if applicable.
10.
Location of existing streets, street rights-of-way and private easements
of record.
11.
Location and dimensions of proposed streets, drives, curb cuts, driveway
radii, access easements, deceleration/acceleration lanes or tapers,
and passing lanes as applicable.
12.
Location, design, and dimensions of proposed parking areas (including
indication of all spaces, dimensions of spaces, handicapped spaces,
and method of surfacing), and fire lanes.
13.
Location, design, and dimensions of loading and unloading areas.
14.
Location, and design of all sidewalks, walkways, bicycle paths, and
areas for public use.
15.
Location of water supply lines and/or wells including fire hydrants;
a storm drainage plan showing storm sewers, exterior drains, dry wells,
catch basins, retention/detention areas, and point of discharge for
all drains; and sanitary sewer system, including septic systems, if
applicable.
16.
Location of all other utilities on the site.
17.
The description of measures to be taken to control soil erosion,
and sedimentation during and after completion of grading and construction
operations.
18.
Location, size, and specifications of all signs with cross-sections.
19.
Exterior lighting locations whether pole-mounted or building- mounted
and a statement included that all lighting will be shielded to avoid
spill over to adjacent properties or streets. If pole-mounted, the
height of pole shall be included.
20.
Location and specifications for all proposed perimeter and internal
landscaping and other screening features. For all new landscape material
the proposed size upon installation shall be indicated. Existing landscaping
to be retained shall also be indicated.
21.
Location, size and specifications for screening of all trash receptacles
and other solid waste disposal facilities.
22.
Seal of the registered engineer, architect, or surveyor who prepared
the site plan.
D.
Waiver of site plan requirements. Specific requirements of this section
may be waived by the Planning Commission where it is determined that
such information is not applicable to the subject request.
Unless a building permit has been issued, and on-site construction
has actually started within one year of the date of the Planning Commission's
approval of the site plan, approval of the site plan shall expire
and be of no effect. If an approved site plan expires per this section,
no permits for development or use of the subject property shall be
issued until the site plan has been resubmitted and approved, subject
to the provisions of Article 19. The Planning Commission, in its discretion,
may authorize up to one extension of this time limit up to one additional
year; provided a written request for such extension is submitted by
the property owner to the Planning Commission prior to the expiration
of the original approval. Such extension shall only be granted based
on evidence from the applicant that the development has a reasonable
likelihood of commencing construction during the extension period.
A site plan may be amended based upon whether the desired amendment
is classified as a major or minor amendment to the site plan. Major
amendments shall require review and approval by the Planning Commission
and minor amendments shall only require the approval of the Zoning
Administrator.
A.
Major amendments shall include one or more of the following:
1.
A change in the original concept of the development.
2.
A change in the use or character of the development.
3.
A change in the type of dwelling unit being proposed.
4.
An increase in the number of dwelling units planned.
5.
An increase in floor area of more than 10%.
6.
A change in the basic layout or design of the project.
7.
A change in the character, function, or location of any street or
access driveway.
8.
A reduction in the amount of open space, or relocation of open space
areas.
9.
The movement of a building footprint by more than 10 feet.
B.
Minor amendments shall include one or more of the following:
1.
A change in floor area of 10% or less.
2.
Additions to parking lots of up to 10 spaces.
3.
The movement of a building footprint of 10 feet or less.
4.
Substitutions in type of landscape plantings not to exceed 20% of
the total amount of landscape materials; provided such materials are
comparable to those they would replace.
5.
Accessory buildings having less than 1,000 square feet of area for
commercial, industrial, or institutional uses.
To promote orderly development which is safe, efficient, attractive,
sensitive to environmental concerns, and generally promotes the welfare
of the City's citizens, all developments and uses, in addition to
meeting applicable specific standards as identified in this ordinance,
shall also meet the following general standards.
A.
Organization of elements. 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 type and size of buildings. The site shall be designed so
that there will be no impediment to the development of adjoining property.
B.
Landscape preservation. 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.
C.
Drainage design. The drainage portion of the site plan shall be designed
to City storm design standards and not increase water run-off to adjoining
properties, nor overburden watercourses in the area. Retention or
detention areas shall be kept to the smallest number possible.
D.
Soil preservation. Site plans shall be developed to prevent or minimize
problems with soil erosion or sedimentation.
E.
Privacy provisions. The site plan shall provide reasonable, visual
and sound privacy for all dwelling units located therein. Fences,
walks, barriers and landscaping shall be used, as appropriate, for
the protection and enhancement of property and for the privacy of
occupants.
F.
Emergency vehicle accessibility. All buildings or groups of buildings
shall be so arranged as to permit emergency vehicle accessibility.
Fire lanes shall be provided as deemed necessary by the Fire Chief
to provide adequate fire protection.
G.
Connective access to public streets. Every building or dwelling unit
shall have connective access to a public or private street by some
form of pedestrian sidewalk or pathway.
H.
Pedestrian circulation system. Sidewalks shall be provided, unless
specifically waived by the Planning Commission.
I.
Compatibility with existing or planned streets and pathways. The
arrangement of streets, sidewalks, and other path systems shall respect
the pattern of existing or planned streets and pedestrian or bicycle
pathways in the area. Streets and drives which are part of an existing
or planned street pattern shall be of a width appropriate to the traffic
volume they will carry, and shall have a dedicated right-of-way equal
to that specified in any formally-adopted street plan or planned right-of-way.
J.
Efficient and safe traffic systems. Street systems shall be designed
to be as efficient as possible, and in compliance with commonly accepted
traffic engineering standards for safety.
The applicant shall notify the Zoning Administrator when any
project that required site plan review is finished and occupancy is
desired. A site plan inspection shall be undertaken by the Zoning
Administrator prior to an occupancy permit being issued. The Zoning
Administrator shall make the determination that the completed project
has met the site plan requirements, or identify incomplete items.
If the site plan is deemed complete, the City may issue the occupancy
permit. If the project is deemed incomplete the Zoning Administrator
shall inform the applicant of the items which must be completed before
occupancy will be granted. The City may allow occupancy prior to 100%
completion of the site plan, if the undone portion will not jeopardize
the safe use of the building, and the applicant provides the City
with a performance bond or other financial guarantee acceptable to
the City that gives the City the means to complete the project in
case of default by the applicant.
Fees for the review of site plans and inspections as required
by this article, shall be established and may be amended by resolution
of the City Council. Fees may include base fees or escrow fees, as
established by the City Council.
Any failure on the part of the applicant or landowner to comply
with any of the provisions of the site plan approval shall be deemed
a violation of this ordinance and subject to the penalties prescribed
in Article 22. Furthermore, any project for which construction has
commenced and no construction activity has taken place for a six-month
period shall be a violation of this ordinance.
