Brookings City Zoning Code
CHAPTER 17
80 SITE PLAN APPROVAL
§ 17.80.010 Purpose.
The purpose of site plan approval is to establish a review process ensuring that new development is in compliance with the objectives and requirements of the land development code and all other applicable city ordinances.
(Ord. 89-O-446 § 1; Ord. 06-O-446.VV)
§ 17.80.020 Site plan committee.
There is hereby created a site plan committee consisting of the city manager, public works director, planners, building official, fire chief or their designees, to carry out the duties set forth in this section. This committee shall have the authority to approve, disapprove or to approve with conditions, the site plans for all proposed new buildings or structures, or the expansion of existing structures. This committee shall also have the authority to review building permits and land use applications for completeness pursuant to the submittal requirements of the pertinent section of the land development code.
(Ord. 89-O-446 § 1; Ord. 93-O-446.N § 2; Ord. 06-O-446.VV)
§ 17.80.030 Application.
A.
Building Permits. Before any building permit shall be issued, a plot plan for the total parcel or development site shall be prepared and submitted to the city, together with a permit clearance form, two full sets of construction plans, including elevations showing existing and proposed grade, and topographic details.
The plot plan for a building permit shall be drawn to scale and shall indicate the following:
1.
Property lines with dimensions and a north arrow.
2.
Locations of buildings and structures, existing and proposed, including dimensions, the height, front, rear and side yard setbacks of the proposed structures.
3.
Location and layout of off-street parking and loading facilities.
4.
Existing and proposed driveways and adjacent roads.
5.
Location of any streams, drainages or wetlands.
6.
Indications of exterior lighting standards and devices, if required.
7.
Location and size of existing and proposed water and sewer lines.
8.
For commercial structures, the location and size of exterior signs and outdoor advertising.
9.
Location of any required landscaping.
10.
Any other architectural or engineering data required to permit findings that the provisions of the land development code and other applicable requirements have been met.
B.
Land Use Applications. Materials to be submitted, including site plans, for land use applications are found in specific sections:
1.
Chapter 17.70, Master Plan Development (MPD) District.
2.
Chapter 17.116, Planned Community.
3.
Chapter 17.132, Variances.
4.
Chapter 17.136, Conditional Use Permits.
5.
Chapter 17.144, Annexations.
6.
Chapter 17.164, Wireless Telecommunication Facilities.
7.
Chapter 17.172, Land Divisions.
(Ord. 89-O-446 § 1; Ord. 93-O-446.N § 2; Ord. 06-O-446.VV)
§ 17.80.040 Improvement standards.
The site plan committee in its review of projects subject to the provisions of this chapter shall apply the following standards and requirements in addition to those found in the applicable zoning district, and listed in Chapter 17.172 BMC. Developments and activities that are exempt from these requirements are listed in BMC § 17.04.050.
A.
For multiple-family residential development, an area equal to at least 15 percent of the site area, inclusive of required setback yards, shall be devoted to usable open space recreation areas. This area must be cleared of brush or obstructions and not used for temporary or regular parking of vehicles.
B.
An accessway to a commercial or industrial off-street parking area shall be improved from the public roadway to the parking area to a minimum width of 20 feet for two-way traffic. If the accessway is a one-way in or one-way out, it shall be a minimum width of 10 feet and have appropriate signage.
C.
Provide for the improvement of an existing dedicated alleyway which is intended to be used for egress and ingress, or backup space of off-street parking for the development.
D.
Make provision for screening the visibility of roof-, wall- or ground-mounted mechanical equipment and devices, in addition to propane tanks in commercial and industrial zones.
(Ord. 89-O-446 § 1; Ord. 93-O-446.P § 4; Ord. 06-O-446.VV; Ord. 07-O-593)
§ 17.80.050 Action of the site plan committee.
Within 10 working days from the date of submission of an application containing required materials, the building official or city planner or their designee shall present the application to the site plan committee for determination. The site plan committee shall have 10 working days to approve the application and issue the building permit or, in the case of a land use application, forward it to the planning commission. If the application is denied or found to be incomplete, the applicant will be informed in writing. The decision of the committee shall be final unless appealed to the planning commission.
(Ord. 89-O-446 § 1; Ord. 06-O-446.VV)
§ 17.80.060 Appeals.
The applicant may appeal a decision of the site plan committee to the planning commission in the form prescribed by the city. Such appeal shall be filed with the city manager or his designee within 15 days of the decision of the site plan committee. The appeal shall be forwarded to the planning commission. The planning commission shall review the site plan and shall approve, approve with conditions, or disapprove the plan based upon the considerations listed in BMC § 17.80.030, Application.
(Ord. 89-O-446 § 1; Ord. 06-O-446.VV)
§ 17.80.070 Revisions.
Revisions made by the applicant to an approved site plan shall be resubmitted for review and approval by the site plan committee. Where required site plan approval has been granted, it shall be unlawful for any person to cause or permit the proposed construction, alteration, improvement or use in any manner except in complete compliance with the approved site plan.
(Ord. 89-O-446 § 1; Ord. 06-O-446.VV)
§ 17.80.080 Security and the secured improvement agreement process.
The ability to provide security in lieu of immediate installation of required public improvements is available for various development projects. The security guarantees that the required public improvements will be completed. The security provides the funds, as outlined in the secured improvement agreement, for the city to use if the applicant fails to complete installation of the required public improvements. The standards for security protect the public from additional expenditures. In general, security is accepted exclusively on a short-term basis to allow for certain events to occur, such as securing final plat approval of a partition or subdivision, while guaranteeing the work will be completed within an identified time frame.
A.
Projects Eligible for Security. The city manager or designee can require the installation of public improvements for the following:
1.
Tentative partition plan.
2.
Tentative subdivision plan.
3.
Conditional use permit.
4.
Variance.
5.
Master plan of development.
6.
Detailed development plan.
7.
Planned unit developments.
8.
Building permits.
B.
General Provisions.
1.
Security is accepted for the following public improvements: final asphalt paving, street lights, street signs, and miscellaneous above ground elements that do not impact the overall integrity of the project. Public improvement costs are defined as the total value of all required improvements for a project. The applicant’s engineer determines the cost of the required improvements. The city will review the applicant’s engineer’s estimate of the cost of the improvements and has the right to determine the true value.
2.
The applicant must pay the city’s actual processing costs. Actual costs will reflect and include all types of staff time and any consultant fees, including planning, engineering, geologic, archeological, public works, city administration and legal services, in accordance with the city’s adopted fee schedule.
3.
The signing of a secured improvement agreement and the posting of a form of security identified in subsection (C) of this section may be accepted for public improvements identified in subsection (B)(1) of this section.
a.
The applicant’s engineer shall provide an itemized estimate for review by the city to establish the cost of the required public improvements. An amount equal to 50 percent will be added to the cost for potential liability associated with the improvements.
b.
A processing fee, as established by general resolution of the city council, is required and is not refundable.
c.
The applicant shall sign a secured improvement agreement. If the applicant fails to install the required public improvements in the time frame indicated in the secured improvement agreement, the city shall use the security to perform the work.
C.
The form of security shall be:
1.
A surety bond executed by a surety company authorized to transact business in the state of Oregon.
2.
An irrevocable standby letter of credit.
3.
An irrevocable security instrument acceptable to the city.
D.
Criteria for Security. Security may be deposited in lieu of the final installation and final acceptance of public improvements identified in subsection (B) of this section, General Provisions. The applicant shall meet all of the following criteria:
1.
Has not forfeited a form of security requiring the city to complete a project within the last seven years.
2.
The applicant has paid all permit fees, engineering fees, and other required fees which are due and payable for the current project.
3.
All other conditions of approval are complete except for those that cannot be completed until the installation of the secured improvements.
E.
Issuance of Building Permits.
1.
Building permits for the project will not be issued until the final plat has been recorded and received by the city. Any fire access or fire flow requirements must be in place and approved by the city fire chief prior to construction of any structure.
2.
For those public improvements for which security has been allowed, construction of all remaining improvements shall be completed within a negotiated time frame not to exceed 12 months after the recording of the final plat. Occupancy of homes, businesses, dwellings, etc., shall not be permitted until all public improvements have been installed, tested, have received final acceptance by the city, a one-year warranty bond is completed, conditions of approval are completed, and final inspection of the homes, businesses, dwellings, private improvements, etc., have occurred.
F.
Use of the Security and Secured Improvement Agreement.
1.
At the time of installation of the required public improvements, the city shall authorize release to the applicant of any funds remaining after completion of the work. The improvements must be approved and accepted by the city. There will be no partial release of the security. The applicant must make the request for release of the security deposit in writing to the city.
If the applicant fails to install the required public improvements, the city shall use the security to complete the work.
2.
Cost above and beyond the amount stated in the SIA will be charged to the applicant.
3.
The applicant shall indemnify the city, mayor, council members, officers, boards, commissioners, employees, the city’s engineering consultant firm, and any agents of the city from claims of any nature arising or resulting from the performance of any acts required by the city to be done in accordance with the SIA.
4.
The secured improvement agreement may be used to create a local improvement district for properties identified in the agreement.
a.
At the time of installation of the deferred public improvements, if the cost is greater than the amount originally deposited plus accrued interest, the city may use the security and secured improvement agreement to create a local improvement district.
b.
The formation and function of the local improvement district must comply with Chapter 3.15 BMC.
(Ord. 89-O-446 § 1; Ord. 06-O-446.VV)
§ 17.80.090 Warranty of public improvements.
A.
When all public improvements have been inspected and accepted by the city, the applicant shall provide a one-year warranty bond in the amount equal to 10 percent of the value for the total public improvements for a period of one year. On hillside developments with slopes greater than 15 percent or other hazards as identified in Chapter 17.100 BMC, the warranty bond shall be extended to five years, and the bond shall be 10 percent of the value of all public improvements. The warranty shall be in a form acceptable to the city.
B.
The applicant’s engineer shall provide a detailed statement of the value of the completed improvements. The city reserves the right to determine the final value.
C.
The form of warranty bond shall be:
1.
A surety bond executed by a surety company authorized to transact business in the state of Oregon.
2.
An irrevocable standby letter of credit.
3.
An irrevocable security instrument acceptable to the city.
(Ord. 06-O-446.VV)
