Ann Arbor City Code

CHAPTER 57. Subdivision and Land Use Control

5:119. Intent.

This Chapter is intended to require City review and approval of the development of certain buildings, structures and land uses and the creation of new lots, all of which can be expected to have a significant impact on adjacent parcels and land uses, traffic patterns, natural features and the character of future development. It is further the intent of this Chapter to provide for the preservation and management of significant natural features through City review, as well as to achieve harmonious relationships of buildings, structure and uses, both within a site and with adjacent sites; safe and convenient traffic movement, both within a site and in relationship to access streets; and appropriate public and private infrastructure.

 

5:120. Definitions.

In addition to the definitions below, the definitions of Chapter 55 (Zoning) and Chapter 60 (Wetlands Preservation) shall apply to this Chapter and the Land Development Regulations adopted pursuant to it.

(1) Archaeological Resources. Any material remains of past human life and activities which are of either historic or prehistoric archaeological interest.

(2) Critical Root Zone. The circular area surrounding a tree which is considered to contain tree roots within 18 inches of the ground surface. The radius of the critical root zone is, in feet, the same numerical value as the tree's diameter at breast height (DBH) in inches, and is measured outward from the center of the tree. For example, the critical root zone of a 12-inch DBH tree has a radius of 12 feet.

(3) Diameter at Breast Height (DBH). The diameter of a tree measured four feet above the existing grade.

(4) Endangered Species Habitat. The habitat necessary to maintain the existence of those plants and animals listed on the current Federal and State list of endangered or threatened species.

(5) Floodplain, 100-Year.  An area which has a one percent chance of flood occurrence in any given year.

(6) Invasive Species. Botanical species included on the City's Invasive Species List that is maintained and updated in the Building Department, as provided under Chapter 60.

(7) Landmark Tree. Any tree of 24-inch DBH or greater, or that is of a type and DBH equal to or greater than shown on the Landmark Tree List in the Land Development Regulations, and that has a health and condition standard factor of over 50 percent based on the standards established by the International Society of Arboriculture. These standards consider the soundness of the trunk, the growth rate, the structure of the tree, the presence of insects or disease, the crown development, and the life expectancy. The definition of a landmark tree does not include any tree identified as an invasive species on the City's Invasive Species List.

(8) Limits of Soil Disturbance. A line marking the perimeters of the area within which there will be construction activity and any disturbance to the soils on a site.

(9) Natural Features. Any one or more of the following: endangered species habitat, 100-year floodplain, landmark tree, steep slope, watercourse, wetland and woodland.

(10) Natural Features Open Space. The minimum open space adjacent to natural features, as provided under Chapter 55.

(11) Steep Slope.  A naturally occurring landform with a vertical change in elevation of ten feet or more, a slope of 20 percent or more, and a length of 50 feet or more measured parallel to the contour lines.

(12) Watercourse. Any naturally occurring open waterway, river, stream, creek, lake, or any body of surface water having well-defined banks and bed, whether continually or intermittently flowing.

(13) Woodland. A forested area of 2 acre or more with a gross basal area of 30 square feet per 2 acre, containing 20 trees per 2 acre greater than 6 inches in diameter at breast height (DBH), or a plantation of 2 acre or more with a minimum average DBH of 10 inches. The critical root zone of all trees on the perimeter of the forested area or plantation defines the area of a woodland.

 

5:121. Area Plans.

(1) Necessity. An area plan must be approved by the City Council prior to:

(a) The approval of any plat or site plan if the petitioner owns or controls contiguous land not included in the proposed plat or site plan, or

(b) An amendment to the zoning map, unless the amendment is to permit a one-family or two-family dwelling in a residential zone or to permit a planned unit development (PUD) zoning district.

Upon recommendation of the Planning Director, the Planning Commission may waive the area plan requirement upon the determination that no new construction is proposed and a survey of the existing improvements on the site is provided, or that all required information for such an area plan is included in a preliminary plat or site plan that has been approved or is submitted for approval.

(2) Area Plan Procedure. Before submitting an area plan for formal review, the petitioner shall meet with the Planning Director to review the proposal and applicable City requirements. To initiate a formal review, all drawings and other required materials, as specified in this Chapter and the Land Development Regulations, shall be filed with the Planning Director. An area plan shall not be considered filed until all drawings and other required materials have been submitted. An area plan may be rejected if these materials are inadequate to make the foregoing determinations. The Planning Director shall review the materials filed and, after conferring with the petitioner and appropriate City departments, shall submit a report and recommendation to the Planning Commission. The Planning Commission shall make a report and recommendation to the City Council within 60 days of the receipt of the report and recommendation from the Planning Director. The City Council shall approve or reject the area plan within 30 days of the approval of the Planning Commission. If approval by the City Council is conditioned on changes to the plan, the petitioner must submit revised drawings with the necessary changes to the Planning Director within 30 days of approval by City Council or the area plan approval shall lapse.

(3) Standards for Area Plan Approval. An area plan shall be approved by the City Council after it determines that:

(a) The contemplated development would comply with all applicable state, local or federal laws, ordinances, standards and regulations; and

(b) The development would limit the disturbance of natural features to the minimum necessary to allow a reasonable use of the land; and

(c) The development would not cause a public or private nuisance and would not have a detrimental effect on the public health, safety or welfare; and

(d) If the area plan requires an amendment to the zoning map, the proposed uses or other uses permitted under the proposed zoning would be compatible with the City's adopted plans and policies.

(4) Effect of Area Plan Approval. An area plan is valid until replaced by an approved plat or site plan. The ordinances and regulations in effect at the time of City Council approval of an area plan shall, for a period of three years, be applicable to a plat or site plan consistent with the approved area plan unless amended ordinances or regulations are specifically made applicable to approved area plans.

 

5:122. Site Plans.

(1) Necessity. An approved site plan shall be required before applicable permits may be issued for any form of construction or removal or disturbance of any natural features, except for:

(a) Construction of or addition to one single or two-family dwelling or accessory structure on a parcel zoned solely for residential purposes.

(b) Removal or disturbance of any natural features on a lot which contains one single-family or two-family dwelling and is zoned solely for residential purposes.

(c) Construction solely on the interior of a building that does not increase usable floor area.

(d) Construction or erection of signs; retaining walls; fences; buffer walls; refuse containers; fire escapes, sidewalks; radio and television towers located on buildings; dish antennas and windmills located on buildings; lights; poles; cooling, heating or mechanical equipment when located on a building or occupying a ground area of less than 100 square feet; and freestanding storage buildings of less than 240 square feet in floor area and less than 14 feet in height.

(2) Site Plan Procedure. Before submitting a site plan for formal review, the petitioner shall meet with the Planning Director to review the proposal and applicable City requirements. To initiate a formal review, all drawings and other required materials, as specified in this Chapter and the Land Development Regulations, shall be filed with the Planning Director. A site plan shall not be considered filed until all drawings and other required materials have been submitted. A site plan may be rejected if these materials are inadequate to make the foregoing determinations. The Planning Director shall review the plan with other appropriate City departments and the petitioner and, except in the case of an administrative amendment to an approved site plan, shall make a report and recommendation on the proposed plan to the Planning Commission.

(3) Site Plans for City Council Approval. Except as otherwise provided in this section, City Council shall review and approve or reject a site plan after receiving a report and recommendation from the Planning Commission. The Planning Commission shall submit its report and recommendation to the City Council within 60 days of receiving a report and recommendation from the Planning Director. The City Council shall approve or reject the site plan within 30 days of the recommendation by the Planning Commission. If approval is conditioned on changes to the site plan, the petitioner shall submit revised drawings with the necessary changes to the Planning Director within 30 days of approval by the City Council or the site plan approval shall lapse. Any changes to a condition placed on the site plan by City Council shall require City Council approval.

(4) Site Plans for Planning Commission Approval. The Planning Commission shall review and approve or reject a site plan that proposes one or more of the following minor modifications only. If a site plan proposes any modification that would require City Council approval in addition to any of the following minor modifications, then the site plan, including the minor modifications, shall be considered in the manner provided for site plans for City Council approval.

(a) Garages; carports; canopy structures over vehicular use areas; freestanding automatic teller machines; outdoor storage; freestanding storage buildings greater than 240 square feet in floor area or taller than 14 feet in height; more than one dish antenna on a parcel; windmills not located on a building; and cooling, heating or mechanical equipment occupying a ground area greater than 100 square feet.

(b) An addition to an existing building, if the addition does not exceed 10 percent of the existing floor area or 10,000 square feet, whichever is less.

(c) Paving or expanding an existing parking lot, or construction of a new access road or driveway.

(d) Modifications to an approved natural features protection plan or natural features mitigation plan that are not covered under the administrative amendment requirements.

(e) Where no approved site plan exists on file with the Planning Department, a minor change allowed by the administrative amendment requirements.

(5) Administrative Amendments to Approved Site Plans. A minor change to an approved site plan may be approved by the Planning Director if the Fire Chief, Building Director, Public Services Director, Solid Waste Director and Parks and Recreation Director verify in writing that the change will not significantly alter natural features shown to be preserved nor alter or conflict with the stated conditions of site plan approval. The Planning Director shall provide regular reports to the Planning Commission of administrative amendments acted upon by the Planning Department. A minor change is one or more of the following:

(a) Change to or addition of development phasing lines.

(b) Change in building height that does not create new floor area.

(c) Relocation of sidewalks.

(d) Change of location or type of landscape or screening materials. Where more landscaping area or materials are shown than required by Chapter 62, these elements may be reduced by no more than 20 percent of the additional amount originally approved.

(e) Relocation of refuse collection stations.

(f) Internal rearrangement of parking lot.

(g) Decrease in building size.

(h) Moving a building no more than 10 feet or 5 percent of the distance to the closest property line, whichever is smaller.

(i) An increase in building size that does not exceed 10,000 square feet or 10 percent of the floor area, whichever is smaller.

(j) Extension of site plan approval for periods up to 2 years if the plan is in compliance with current laws and regulations.

(k) Relocation or addition of no more than 50 percent of the approved storm water detention capacity.

(l) Change in species or placement of plant material included in an approved mitigation plan, as long as the change does not result in a reduction of plant material or area from the original plan and the change meets the intent of the approved mitigation plan.

(m) Substitution of areas to be preserved in an approved natural features protection plan, as long as there is no net loss of preserved area, the cumulative area to be changed does not exceed 250 square feet of the original area to be preserved in the approved protection plan, and the substitution is consistent with the Review Criteria for Natural Features Statement of Impact.

(n) Removal of a tree identified on the site plan as a landmark tree to be saved, but recognized as an invasive species at the time of approval of the administrative amendment.

(o) Addition of one freestanding storage building greater than 240 square feet of floor area, but not to exceed 500 square feet of floor area or 14 feet in height.

(p) Addition of carports over existing legal parking spaces.

(6) Standards for Site Plan Approval. A site plan shall be approved by the appropriate body after it determines that:

(a) The contemplated development would comply with all applicable state, local and federal law, ordinances, standards and regulations; and

(b) The development would limit the disturbance of natural features to the minimum necessary to allow a reasonable use of the land, applying criteria for reviewing a natural features statement of impact set forth in this Chapter; and

(c) The development would not cause a public or private nuisance and would not have a detrimental effect on the public health, safety or welfare.

(7) Effect of Approval of Site Plan. For 3 years from the date of approval of a site plan, permits may be issued and the land developed consistent with that plan and the regulations, laws and ordinances in effect at the time of approval, unless new regulations, laws and ordinances are made applicable to previously approved developments. After 3 years from approval, no permits shall be issued unless the site plan is reconsidered in the manner provided for new site plans.

 

5:123. Planned Unit Development (PUD) Site Plan.

(1) Necessity. An approved PUD site plan shall be required before applicable permits may be issued for any form of construction or removal or disturbance of any natural feature for all planned unit developments.

(2) Applicability. The requirements of this section are specifically made applicable to:

(a) PUD zoning districts approved on or after February 3, 1999;

(b) PUD zoning districts, previously known as preliminary phase PUD zoning districts, approved before February 3, 1999, for which PUD site plan approval, previously known as final phase approval, has not been granted or for which an amendment to an approved final phase PUD site plan is sought;

(c) PUD site plans, previously known as final phase PUD site plans, for which approval was granted on or before February 3, 1996, and further permits are sought.

(3) Procedure for PUD Site Plan Review.

(a) (i) The petitioner for PUD site plan approval shall file with the Planning Director all drawings and other materials required for site plans in this Chapter and the Land Development Regulations; all drawings and other materials required in Chapter 55 for PUD zoning district approval; and the additional information listed below. A PUD site plan application shall not be considered filed until all drawings and other required materials have been submitted and may be rejected if the materials submitted are inadequate to make the foregoing determinations.

(ii) If requested by the Commission or City Council, additional graphics, models, 3- dimensional or electronic, or written materials shall be submitted to assist the City in visualizing and understanding the proposal. Additional detailed information, including but not limited to plans, elevations, building and site sections, or existing and proposed building materials, if submitted, shall become a part of the PUD site plan.

(b) The Planning Director will distribute these materials to the appropriate City departments and other reviewing agencies for review and comment regarding compliance with the PUD zoning district supplemental regulations and conceptual PUD plan, and compliance with all applicable local, state, or federal laws, ordinances, standards and regulations and to determine the need for a development agreement as provided in this chapter. The Planning Director will notify the petitioner of any questions raised by the City departments and other reviewing agencies and negotiate a development agreement with the petitioner if it is determined that such an agreement is needed. The Planning Director shall submit a report and recommendation to the Commission based on this review.

(c) The Commission, after holding a public hearing on the PUD site plan with notification as required by this Chapter, shall transmit its recommendation based on the standards below, together with any recommended conditions of approval and all related reports and minutes to City Council.

(4) Standards for PUD Site Plan Review. City Council, after holding a public hearing on the PUD site plan with notification as required by this Chapter, and after receiving all related reports and minutes and a recommendation from the Commission, shall approve, approve with conditions, or deny a PUD site plan. A PUD site plan shall be approved by City Council only after it determines that:

(a) The development would comply with the PUD zoning established pursuant to the requirements of Chapter 55, and with all applicable local, state, or federal laws, ordinances, standards and regulations; and

(b) The development would limit the disturbance of natural features to the minimum necessary to allow a reasonable use of the land, applying criteria for reviewing a natural features statement of impact set forth in this Chapter; and

(c) The development would not cause a public or private nuisance and would not have a detrimental effect on the public health, safety or welfare.

(5) Effect of PUD Site Plan Approval. For 3 years from the date of approval of a PUD site plan, permits may be issued and the land developed consistent with the PUD site plan and the regulations, laws and ordinances in effect at the time of approval, unless new regulations, laws and ordinances have been made applicable to previously approved developments. After 3 years from PUD site plan approval, no permits shall be issued unless the PUD site plan is reconsidered in the manner provided for new PUD site plans and is determined to meet the standards of the PUD zoning district or has been extended as provided under Administrative Amendments to Approved PUD Site Plans.

(6) Administrative Amendments to Approved PUD Site Plans. A minor change to an approved PUD site plan may be approved as provided in this Chapter for Administrative Amendments to Approved Site Plans, except that the proposed changes shall not alter the fundamental design, conceptual integrity, natural features shown to be preserved, any specific conditions of the PUD development program, the conceptual PUD plan or the supplemental regulations. The following restrictions shall also apply:

(a) Adjustment in approved phase lines shall not result in a change greater than 10 percent of the total gross land area in any phase, or 10 percent of the number of approved lots, or 10 percent of the approved maximum building square footage.

(b) Any decrease in building size or changes in bedroom counts per dwelling unit shall not reduce the size or number of affordable housing units approved as part of the PUD site plan.

5:124. Plats.

(1) Necessity. Proposed plats shall be processed according to the Subdivision Control Act of 1967, being MCLA 560.101 et seq., and the requirements of this Chapter and the Land Development Regulations.

(2) Plat Procedures. Drawings and other required materials, as specified in this Chapter and the Land Development Regulations, shall be filed with the Planning Director. The Planning Director shall review the materials filed and, after conferring with the petitioner and appropriate City departments, shall submit a report and recommendation to the Planning Commission. The Planning Commission shall make a recommendation to the City Council on the tentative approval of a preliminary plat within 60 days of its complete filing. The Planning Commission shall make a report and recommendation to the City Council prior to the time the City Council must act on the final approval of a preliminary plat. Prior to approval of the final plat, the City Administrator will provide the City Council with a report and recommendation on the plat.

(3) Standards for Plat Approval. Tentative approval of a preliminary plat shall be granted by the City Council only after it determines that the development meets all of the standards for an area plan. Final approval of a preliminary plat shall be granted by the City Council only after it determines that the development meets all of the standards for a site plan. A final plat shall be approved by City Council if it is consistent with the approved final preliminary plat and meets all applicable laws, ordinances and regulations.

 

5:125. Land Divisions.

Any lot, outlot or other parcel of land in a recorded plat shall not thereafter be divided into more than 4 parts unless the division occurs pursuant to the provisions of the Subdivision Control Act of 1967. Any land division of a lot, outlot or parcel into 4 parts or fewer, and site condominium projects established under the condominium act of 1978, must be approved according to the following procedures: 

(1) The developer shall submit plans to the Planning Director showing the land as it exists and as it is proposed to be divided.

(2) The plans shall be reviewed by the Planning, Building, Assessor, Fire, Engineering and Utilities Departments and a report of that review submitted to the Planning Commission.

(3) The Planning Commission shall make a recommendation to the City Council regarding the division within 30 days of the filing of the plan and the City Council shall approve or reject the division within 30 days of the filing of the plan.

(4) The City Council shall approve the division only if it determines that the resulting parcels or condominium lots will comply with all applicable laws, will be compatible with surrounding property and will have adequate access for utilities and for service and emergency vehicles.

(5) In lieu of the foregoing, the city assessor, planning director and building director may approve a land division covered by this section if the division results in no new parcel being created upon which a principal building could be erected and if it does not cause a violation of this Code.

(6) The construction of more than one single-family or two-family dwelling on a residentially-zoned parcel under single ownership shall be deemed a land division to which this section is applicable unless construction is in compliance with an approved site plan, plat or condominium subdivision.

(7) If the sale of a platted or condominium lot would cause an adjacent parcel to be nonconforming regarding any applicable law, it shall be deemed a land division to which this section is applicable.

(8) For any division of land in a PUD zoning district, the Council shall approve a land division only if it determines that all the resulting parcels shall comply with all land uses, objectives, purposes, beneficial effects for the City, and supplemental regulations approved for the PUD zoning district; and that mutual easements for access, utilites, parking, landscaping, open space, and any other shared amenities are recorded prior to finalization of the land division.

 

5:126. Natural Features Statement of Impact.

When a site plan, a PUD site plan, or final preliminary plat proposes the development of land containing natural features, a Natural Features Statement of Impact shall be submitted. The following information shall be provided in the Natural Features Statement of Impact:

(1) As specified in the Land Development Regulations, a site inventory identifying the location of existing natural features and containing a written description of their quality, character, and health.

(2) A natural features protection plan identifying natural features proposed to be preserved.

(3) When natural features are proposed to be removed or disturbed, an alternative analysis report containing the following information:

(a) Alternative plans that were considered which would limit the disturbance or removal of natural features on and adjacent to the site.

(b) Justification for selecting the proposed plan, including a written explanation as to why the proposed disturbance or removal is the minimum necessary to reasonably accomplish the permitted use.

(c) A mitigation plan, consisting of a written and graphic description of the proposed measures to mitigate the removal or disturbance of natural features.

 

5:127. Mitigation of Natural Features.

(1) When a site plan, a PUD site plan, or plat proposes that natural features be removed or disturbed, the following mitigation measures shall be shown on the site plan, the PUD site plan, or plat:

(a) Wetlands: Wetland mitigation shall be provided as required by Chapter 60.

(b) Endangered Species Habitat: Endangered species habitat shall be mitigated in accordance with the Michigan Natural Resources and Environmental Protection Act, 1994 PA 451, as amended to date.

(c) One Hundred-Year Floodplain: Floodplain areas shall be mitigated to provide no net loss of flood storage capacity and shall comply with any conditions of a valid permit from the Michigan Department of Environmental Quality in accordance with the Michigan Natural Resources and Environmental Protection Act, 1994 PA 451, as amended to date. If mitigation is proposed off-site, it shall be located in the same watershed as the development site.

(d) Landmark Trees and Woodlands:

(i) A replacement tree or a combination of trees of a species native to Michigan shall be provided to equal a minimum of 50 percent of the original DBH for each landmark tree, or woodland tree 8 inches or larger, that is removed. Replacement trees shall be non-sterile varieties. The minimum size of a deciduous replacement tree shall be 1 inch caliper. The minimum size of an evergreen replacement tree shall be 5 feet in height. If more than 20 replacement trees are required, a mixture of 3 or more species must be used.

(ii) A replacement tree or a combination of trees of a species native to Michigan shall be provided to equal a minimum of 200 percent of the original DBH for each landmark tree, or woodland tree 8 inches or larger, that is removed without the approval required by this Chapter.

(e) Steep Slopes: Disturbed areas of steep slopes shall approximate the natural terrain and be planted with native vegetation at the completion of construction. No new drainage may be directed over areas of disturbed slope.

(f) Watercourses: Mitigation for disturbance of watercourses shall be provided according to the requirements of a valid permit from the Michigan Department of Environmental Quality in accordance with the Michigan Natural Resources and Environmental Protection Act, 1994 PA 451, as amended to date.

(g) All Features: Disturbed areas to be reestablished shall be planted with species native to Michigan and characteristic of the plant communities of the areas before disturbance. The density and coverage of vegetation (except trees) shall be such that it will approximate the density and coverage before disturbance within three years after planting.

(2) The mitigation measures shown on the site plan or plat shall include:

(a) A written description of the mitigation program.

(b) Replacement calculations.

(c) Planting plan, showing the location of trees, shrubs and ground cover.

(d) Plant list, including botanical and common names, caliper sizes, root type, and height.

(e) Timing schedule for the implementation of the mitigation measures.

(3) Mitigation shall be provided on-site. However, where mitigation cannot be accomplished on the site, all or part of the mitigation may be provided on public land within the City if approved as part of the site plan or plat. Plans for off-site mitigation shall be included as part of the site plan or plat approval.

(4) Alternative mitigation measures for not more than 50 percent of the required mitigation may be allowed by the approving body if each of the following conditions is met:

(a) The alternative mitigation is consistent with the Guidelines for the Protection and Mitigation of Natural Features, Attachment A of the Land Development Regulations.

(b) The alternative mitigation is specifically approved by the Planning Commission or City Council, depending on which is the approving body.

(c) The alternative mitigation provides an overall ecological value to the site or the City that is at least as beneficial as the required mitigation.

(d) The alternative mitigation meets one of the following standards:

(i) It is a restoration or management of an important natural feature on the site or public land in the vicinity.

(ii) It provides funds for management and restoration of important natural features or public lands in the vicinity.

(iii) It dedicates important natural areas to the City park system.

(iv) It provides funds to the City street tree planting program.

(5) Where providing mitigation or alternative mitigation will cause undue hardship, the petitioner may request relief from the approving body as part of the site plan or plat approval. Any such relief granted must be specifically approved by the Planning Commission or City Council, depending on which is the approving body. Relief will be granted only when the petitioner provides evidence supporting all of the following findings:

(a) The hardship is exceptional and peculiar to the property and results from conditions which do not exist generally throughout the City.

(b) The condition upon which the requested relief is based is not a self-imposed hardship.

(c) The relief proposed is the minimum amount necessary to make a reasonable use of the land.

 

5:128. Natural Features Protection.

(1) Natural features shown on a site plan, a PUD site plan, or plat that are to be preserved shall be protected during construction. The following protection measures shall be shown on a drawing provided as part of the site plan, PUD site plan or plat and followed during construction:

(a) Protection measures for wetlands shall be provided as required by Chapter 60.

(b) Prior to any development, clearing or other activity for which a permit is required, barrier fencing shall be installed in the following locations to restrict access to protected natural features:

(i) At the limits of soil disturbance adjacent to natural features.

(ii) At the perimeter of the critical root zone of landmark trees which are located within a disturbance area. Where encroachments into the critical root zone are allowed as part of an approved site plan or plat, the barrier fencing must be located at least 10 feet from the trunk of the tree at all points.

(iii) At the edge of required natural features open space.

(c) No filling, excavating or storage of materials, debris or equipment shall take place within the fenced area.

(d) Barrier fencing shall be a minimum of 4 feet in height and shall remain in place in good condition until it is authorized to be removed by the Building Department.

(e) Details of the barrier fencing shall be indicated on the plan, consistent with the City Public Services Department Standard Specifications.

(2) Any woodland or landmark trees that are determined by the City Forester to be dead, dying or severely damaged due to on-site construction activity within 3 years after issuance of a certificate of occupancy or final permit approval for development authorized by an approved site plan, a PUD site plan, or plat shall be replaced by the property owner in the amount specified in the requirements for mitigation of natural features. If the site plan, PUD site plan, or plat has been complied with, replacement shall be at the lesser rate. If the site plan, PUD site plan, or plat has not been complied with, replacement shall be at the greater rate.

 

5:129. Review Criteria for Natural Features Statement of Impact.

In determining whether the proposed disturbance or removal of natural features is limited to the minimum necessary to allow a reasonable use of the land, the approving body shall apply the following criteria, using the Guidelines for the Protection and Mitigation of Natural Features, Attachment A of the Land Development Regulations:

(1) The importance and overall value of a natural feature, both on the site and on a City-wide basis. In general, the importance of a natural feature increases with its rarity, size, age and condition.

(2) The existence of overlapping natural features in one area. Overlapping natural features increase the importance and overall value for preservation of the area.

(3) The impact of the proposed disturbance on the integrity of ecological systems or the continuity between natural features. Wherever possible, ecological systems and continuity between natural features should be preserved.

(4) The amount of disturbance in relation to the scale of the proposed development and to that permitted by Chapter 55 (Zoning).

(5) The adequacy of the mitigation plan.

 

5:130. Time Limits.

The Planning Commission will be considered to have recommended the approval of a site plan, plat or division covered by this chapter unless it acts within the specified time limits. The City Council shall be deemed to have approved a site plan, plat or division covered by this chapter unless it acts within the specified time limits. However, for good cause, the Planning Commission and the City Council may, by affirmative vote, extend time limits for periods not to exceed 30 days each.

5:131. Fees.

An area plan, site plan, PUD site plan, plat or land division shall not be considered to have been filed with the City until all required materials are submitted and applicable fees are paid as established by resolution of the City Council upon the recommendation of the City Administrator.

(1) Reimbursements.

(a) When a petition is withdrawn, by written request, before publication of the notice of public hearing by the City Planning Commission, the City Clerk shall reimburse the petitioner the entire filing fee.

(b) If a petition is withdrawn, by written request, before publication of the notice of public hearing by the City Council, the City Clerk shall reimburse the petitioner 2 of the required filing fee.

(c) If the petitioner requests a Planning Commission rehearing after Commission action, the petitioner shall pay one-half of the original filing fee.

(d) If the petitioner requests a rehearing by Planning Commission or City Council after City Council action, the petitioner shall pay the entire original filing fee.

 

5:132. Required Approvals and Compliance.

(1) No person shall construct, install or place any building or site improvement or remove or disturb any natural features for which site plan or PUD site plan approval is required, or divide land for which plat or land division approval is required, unless the approvals required by this Chapter and any necessary permits have first been obtained. To obtain permits for any building or site improvement, the property owner or owner's designee shall agree to construct, install or place all required site improvements in compliance with an approved site plan, plat or land division.

(2) An approved site plan or PUD site plan shall become part of the record of approval. Subsequent actions relating to the activity authorized shall be consistent with the approved site plan or PUD site plan and any site development agreement, including, but not limited to, the measures for protection and mitigation of natural features.

(3) A certificate of occupancy or final permit approval shall not be issued for a property unless all required site improvements, including those associated with the protection and mitigation of natural features, have been installed and these improvements approved by the Building Director. Unless designated as optional, all improvements shown on the approved site plan, PUD site plan, final preliminary plat or land division, or described in an executed development agreement, or included in an approved PUD development program or supplemental regulations, shall be considered required site improvements. The property owner shall have a continuing obligation to maintain required site improvements, natural features to be preserved, and natural features mitigation in a good condition.

5:133. Development Agreements.

Approval of a final preliminary plat or site condominium land division shall be conditioned upon the execution of a development agreement which secures the completion of all public and private improvements shown on the approved plat or land division. Where a PUD zoning district allows residential uses and proposes development of at least 20 percent of the dwelling units as affordable housing for lower income households, approval of a PUD site plan shall be conditioned upon the execution of a development agreement which assures the affordability and availability of such housing.  Where the timing or nature of improvements require such security, the approval of a site plan or PUD site plan may be conditioned upon the execution of a development agreement.

 

5:134.  Security for Completion of Improvements.

(1)  Where it would be impractical to delay occupancy prior to the completion of certain improvements due to cold weather or lack of availability of paving or plant materials, a temporary certificate of occupancy may be issued upon the approval of the Planning Director and Building Director for a period of up to six months if an adequate cash deposit is presented to the City to secure the improvements.  Such security shall be in the form of cash or a certified check and shall be forfeitable to the City in an amount equal to the estimated cost to the City of the remaining improvements, including installation, as determined by the Building Director; plus 50 percent to cover contingencies; plus a nonrefundable administrative fee for accepting, holding, and releasing the security, as estabilished by the City council upon recommendation of the City Administrator.  The security shall be accompanied by a letter from the property owner or owner's designee indicating that such improvements will be completed by the deadline established by the Building Director and authorizing the City or its designee to go onto the property and complete the construction or installation of uncompleted site imporvements. 

(2)  If improvements have not been completed by the stated date, the Building Director may, after notice to the property owner or owner's designee, revoke the certificate of occupancy and transfer such security to the City general fund.  Thereafter the City shall be authorized to go onto the property and complete the consruction or installation of uncompleted site imporvements in accordance with the approved site plan, plat, land division, or development agreement with the funds available.  If the cost to the City for completing the site improvements is less than the amount of the security, the balance, minus the nonrefundable admninstrative fee, shall be returned to the property owner or designee.  If the cost to the City for completing the site improvements exceeds the amount of the security, minus the adminstrative fee, the City shall bill the property owner or designee for the balance.

(3)  Portions of the security amount may be rebated as work progresses, at reasonable intervals, provided that at all times the amount on deposit equals the estimated cost of the work to be completed.

 

5:135. Public Information and Hearings.

(1) Prior to Planning Commission recommendation and City Council approval of any area plan, site plan, PUD site plan, land division, or tentative or final preliminary plat, each body shall hold a public hearing. Prior to the approval of a site plan for minor modification, the Planning Commission shall hold a public hearing. Provided, however, whenever a wetland use permit is required by Chapter 60 in addition to the approval required under this Chapter, the public hearing or hearings required in this subsection shall be held concurrently with the public hearing or hearings required by Chapter 60.

(2) Area plans, site plans, PUD site plans, preliminary plats and land divisions shall be displayed in a location in City Hall open to the public 24 hours per day, 7 days each week, for at least 1 week prior to the City Council and Planning Commission public hearings.

(3) Notice of all public hearings shall be published in a local daily newspaper of general circulation at least 1 week prior to the public hearing.

(4) Upon submission of any area plan, site plan, PUD site plan, land division, or preliminary plat for Planning Commission or City Council approval, a notice letter shall be mailed by the Planning Department to the person being assessed for the property, all persons being assessed for property within 300 feet, and, insofar as is possible, all occupants within 300 feet. The notice shall describe the requested approval, identify the property and state the date, time, and place of the public hearing.

(5) A notice shall be posted by the Planning Department on the affected property stating that Planning Commission or City Council approval is being requested for any area plan, site plan, PUD site plan, land division, or preliminary plat. This notice shall include information provided in the mailed notice. It shall be placed in a conspicuous location within 10 feet of the front lot line of the affected property at least 1 week prior to the date the request is being acted upon.

(6) Concurrent with action under (4) above, the Planning Department shall mail the same information to neighborhood associations duly registered with the Planning Department, which represent owners of property within 300 feet of the site under consideration for such proposed modification or changes.

 

5:136. Conflict with Code.

No approval of any plan, plat or division pursuant to this chapter shall be construed as authorizing any improvement or action not in compliance with all provisions of this Code. If such a conflict appears, permits may be issued only in accordance with the applicable Code provisions. However, plans may be approved which are subject to approval of variances or other action of appeal boards.

 

5:137. Regulations.

The Planning Commission shall adopt land development regulations regarding the form, number of plans and information required with plats and plans submitted pursuant to this chapter. The information required shall include that which is necessary to determine whether the plans and plats comply with all applicable laws to permit the Planning Commission to make recommendations for alterations, to make plans and plats compatible with adjacent uses and to permit the Commission to determine the effect of proposed improvements on natural land features and historic buildings. Prior to taking effect, such regulations must be approved by the City Council.

5:138. Penalties.

Violation by any person of any provision of this Chapter constitutes a civil infraction punishable by a fine of not more than $500 per violation plus all cost incurred by the City in connection with the infraction that are taxable pursuant to state law, and equitable relief necessary to enforce the ordinance as provided by law, including, but not limited to, mitigation. Each day upon which such violation shall occur shall constitute a separate offense. In addition to these penalties, the City Attorney may commence suit in a court of appropriate jurisdiction to abate any nuisance resulting from a violation of the provisions of this Chapter.

 

5:139--5:140. Reserved.

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