(a)

Before a zoning certificate is issued for any use designated in article VI of this chapter as requiring site plan review, the procedures of this section shall be followed in order to more effectively administer, enforce and implement the purposes, intent and requirements of this chapter.

(b)

Any proposed development, which constitutes a subdivision as defined in chapter 106, subdivision of land, shall not be required to follow the procedures of this section.

(c)

An applicant who must undergo a site plan review for a proposed development shall pay a fee to the town in accordance with the fee schedule adopted by resolution of the Mayor and Council, and as may be amended from time to time.

(Code 1977, § 107-61(A); Ord. No. 2000-10, 9-25-2000)

(a)

General procedure.

(1)

All applicants for a zoning certificate shall follow the Town of Berlin site plan review procedure.

(2)

When the applicant applies to the planning director for a zoning certificate, the applicant shall submit complete sets of the site plans as required.

(3)

No zoning certificate shall be granted until after the planning and zoning commission submits its recommendation to the planning director.

(4)

Site plan approval shall not relieve the applicant from any other provisions of this chapter and shall not constitute a recommendation for a variance or other relief that the applicant may seek from the board of appeals.

(b)

The planning director shall forward the site plan to the planning and zoning commission at the regularly scheduled meeting of each month as set by the commission. The planning director shall retain one copy of the site plan for review.

(1)

The planning and zoning commission shall make a written recommendation to the planning director on whether the site plan indicates that a zoning certificate should be granted or denied.

(2)

The written recommendation shall include the underlying findings and reasons affecting the recommendation.

(c)

Decisions.

(1)

The planning director shall review the site plan and the planning and zoning commission's recommendations and issue or deny the zoning certificate.

(2)

The decision of the planning director shall be in writing and shall be communicated to the applicant personally or mailed to him at his known address not later than the day following the decision.

(3)

The decision shall indicate the specific provisions of this chapter and other laws which have not been met and the specific reasons therefor.

(Code 1977, § 107-61(B); Ord. No. 2000-10, 9-25-2000; Ord. No. 2024-05, 8-12-2024)

The following information shall be included on the site plan:

(1)

A statement describing the proposed use.

(2)

A site layout drawn to a scale of not less than one inch equals 50 feet, showing the location, dimensions and area of each lot, the location, dimensions and height of proposed buildings, structures, streets and any existing buildings in relation to the property and street lines. If the application relates to property which is scheduled to be developed in successive stages, such plans shall show the relationship of the portion scheduled for initial development to the proposed layout of the entire property.

(3)

The location, dimensions (number shown) and arrangements of all open spaces and yards, landscaping, fences and buffer yards including methods and materials to be employed for screening.

(4)

The location, size (numbers shown), arrangement and capacity of all areas to be used for motor vehicle access, off-street parking, off-street loading and unloading and provisions to be made for lighting such areas.

(5)

The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use.

(6)

Zoning districts and requirements.

(7)

Certification by the person who prepared the site plan.

(8)

Certification of ownership and acknowledgment of the site plan, signed by the owner.

(9)

Such other information that may be reasonably required for the purpose of this section.

(Code 1977, § 107-61(C); Ord. No. 2000-10, 9-25-2000)

The following guidelines are divided into eight categories to assist the applicant in the preparation of site and building plans as to assist the planning and zoning commission and the planning director in their review of all site plans. These guidelines are meant to encourage creativity, innovation and well-designed developments. They apply to principal buildings and structures and to all accessory buildings, structures, signs, and other site features.

(1)

Relation of proposed buildings to surrounding environment. Relate proposed structure(s) harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed structure(s). To achieve this favorable relationship between existing and proposed uses, create focal points with respect to avenues of approach, terrain features or other buildings and relate open space between all existing and proposed building.

(2)

Drive, parking and circulation. For vehicular and pedestrian circulation, including walkways, interior drives and parking, give special attention to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, arrangement of safe and convenient parking areas. Design these vehicular and pedestrian areas to enhance the appearance of and access to the proposed buildings and structures and to the neighboring properties.

(3)

Surface water drainage. Give special attention to proper site surface drainage to ensure that removal of surface waters will not adversely affect either neighboring properties or the public storm drainage system. Remove and efficiently carry away all stormwater from all roofs, canopies and paved areas. Collect surface water from all paved areas to permit vehicular and pedestrian movement.

(4)

Utility service. Place electric and telephone lines underground, where possible. Locate, paint and undertake any other treatment to ensure that any utilities which remain above ground will have a minimal adverse impact on neighboring properties.

(5)

Advertising features. Ensure that the size, location, lighting and materials of all permanent signs and outdoor advertising structures or features will enhance rather than detract from the design of proposed buildings and structures and neighboring properties.

(6)

Special features. Provide needed setbacks, screen plantings and other screening methods for exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures to help make them compatible with existing or contemplated site design and with neighboring properties.

(7)

Preservation of landscape. Preserve the landscape in its natural state by minimizing tree and soil removal. Ensure that grade changes are compatible with the general appearance of neighboring developed areas.

(8)

Solar energy use. Consider the desirability and feasibility of active and passive solar energy use. Orient proposed buildings and provide structures to provide for solar energy use and to preserve solar access of adjoining properties.

(9)

Architectural design review. The planning commission shall, as part of its site plan review process, review and approve all proposed commercial development to ensure it complements and enhances the town's historic architectural character and uniqueness.

(Code 1977, § 107-61(D); Ord. No. 2000-10, 9-25-2000; Ord. No. 2014-07, 1-12-2015)

(a)

All development proposed along major highways as designated shall be subject to the procedures, standards and guidelines specified in the following sections in addition to those standards required within the district which development occurs. The following specific purposes will be accomplished through the review process for proposed development.

(1)

Maintain pleasing aesthetic values along existing and proposed major highways located within the corporate limits of the town.

(2)

Provide for the continued safe and efficient use of these roadways.

(3)

Maintain natural beauty and scenic, cultural, and historic character of the corridors, particularly distinctive views, vistas, and visual continuity.

(4)

Protect existing greenbelts, natural vegetation, and wildlife habitats along the corridors.

(5)

Prohibit indiscriminate clearing, excessive grading and clear cutting along corridors.

(6)

Minimize cut and fill operations by placing emphasis on the retention of natural topography of the corridors.

(7)

Minimize intersections and site access points.

(b)

The highway corridors shall include all lands within 500 feet on each side of the following rights-of-way:

(1)

US Route 50.

(2)

US Route 113.

(3)

Maryland Route 346.

(Code 1977, § 107-61(E, F); Ord. No. 2000-10, 9-25-2000)