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Egelston Township City Zoning Code

ARTICLE V

Site Plan Review

§ 450-501 Site plans required.

A site plan shall be submitted for review and approval by the Planning Commission, or by authorized Township personnel, as required by this section. Amendments or additions to previously approved site plans are subject to review and approval as described under § 450-503 below.
Site plan review and approval shall be required in the following instances:
Prior to the establishment or expansion of any use permitted in R-3, R-4, C-1, C-2, I-1 and I-2 Zoning Districts, except for the expansion of existing uses described under § 450-503 of this article.
With an application for a special use in any zoning district. A site plan shall be submitted at the time application is made for a special use permit. Review of the site plan shall be concurrent with deliberations on the application for a special use permit.
With an application for a planned unit development. A site plan shall be submitted at the time application is made for PUD approval. Review of the site plan shall be concurrent with deliberations on the application for the planned unit development.
For variances required before a site plan can be approved by the Planning Commission. A site plan shall be submitted at the time application is made for a hearing before the Zoning Board of Appeals. Site plans submitted to the ZBA need not be approved by the Planning Commission unless required by Subsection B(1), (2) or (3) above. The Zoning Board of Appeals may make the site plan a condition of any variance granted.
A site plan shall not be required for the construction of single-family dwellings and related accessory buildings in any zoning district in which single-family dwellings are permitted.

§ 450-502 Preliminary site plans.

Preliminary proposed site plans may be presented for informal review and comment by the Planning Commission prior to submission of a formal application for site plan approval. The purpose of this provision is to allow discussion between a developer and the Planning Commission to better inform the developer of the accessibility of proposed plans prior to incurring extensive engineering and other costs which might be necessary for site plan approval.

§ 450-503 Amendments to previously approved site plans.

Amending a site plan previously approved by the Planning Commission under site plan review is permitted under the conditions and circumstances described in this section, provided amendments shall be reviewed by authorized Township personnel, subject to the application and review procedures outlined under § 450-504 of this article.
Site plans previously approved pursuant to special use or PUD procedures are not eligible for consideration under the provisions of this section.
Amendments to a previously approved site plan may be approved under the provisions of this section as follows:
An addition to an existing principal building if the addition does not exceed 50% of the gross floor area of the building approved by the Planning Commission.
Construction of not more than one separate building that is incidental or accessory to the principal use or principal building located on a commercially or industrially zoned lot or parcel, provided that:
The lot or parcel is not located adjacent to a residential zoning district. In such cases where a site is located adjacent to a residential zoning district, site plan review and approval by the Planning Commission is required;
The gross floor area of the new building does not exceed 50% of the gross floor area of the existing principal building.
Expansion of existing site improvements, such as outdoor display, storage or parking areas, provided that the proposed expansion does not exceed 50% of the area of the improvement subject to review and approval originally approved by the Planning Commission.
Eligibility for site plan review and approval under the provisions of this section shall be contingent upon full current compliance with site plan or special use approval, including any conditions attached to that approval, previously granted by the Planning Commission.
Authorized Township personnel may require that applicants seek site plan review and approval by the Planning Commission if they determine that:
The proposed construction activity or use is not consistent with the use previously approved by the Planning Commission; or
The proposed construction activity or use may have a significant impact on the use and/or character of surrounding properties.
In such cases, the Zoning Administrator shall notify the applicant in writing of such a determination stating the reasons for same within seven days of receipt of the completed application and site plan. A copy of the determination shall be forwarded to the Planning Commission. Such a determination shall not be appealable to the Zoning Board of Appeals.

§ 450-504 Application and review procedure for previously approved site plans.

Applications for approval of amendments to previously approved site plans described under § 450-503 shall be submitted to the Zoning Administrator and shall consist of the materials and information outlined below:
A completed application form. An application fee is not required.
A written statement, dated and signed by the applicant, indicating that the use subject to the previous site plan is being operated and maintained in full compliance with that previous approval, as well as any conditions upon which that previous approval was granted.
Three copies of the previously approved site plan showing the following information:
The zoning designation of all adjacent properties;
The location, dimensions, area in square feet, height, setback from lot lines and proposed use of the proposed building addition, if applicable;
The location, dimensions, area in square feet, height, setbacks from lot lines and proposed use of the proposed additional incidental or accessory building, if applicable;
The location, dimensions, area in square feet, setback from lot lines and nature of proposed site improvements, if applicable;
The name and address of the person or firm that prepared the amended site plan;
The date on which the amended site plan was prepared.
Site plans submitted under the provisions of this section shall be approved, approved with conditions, or referred to the Planning Commission within 10 days of the application date. A decision to approve, approve with conditions, or deny amendments to a site plan shall be based on the standards outlined in § 450-507 of this article. Authorized Township personnel shall provide the applicant with written notification of the decision on the application. In the event conditional approval is granted, the notification shall list the conditions in detail. In the event the application is denied, the reasons for denial shall be listed in detail.
Three copies of an approved amended site plan shall be signed and dated by the Chairman of the Planning Commission. One copy shall be returned to the applicant. One copy shall be provided to the Zoning Administrator. One copy shall be provided to the secretary of the Planning Commission to be placed in the Planning Commission's permanent record.
Conditions of approval, if required, and referrals to the Planning Commission, shall not be appealable to the Zoning Board of Appeals.

§ 450-505 Application procedure for review of site plans before Planning Commission.

Applications for site plan review and approval before the Planning Commission shall be submitted to the Zoning Administrator no less than 14 days prior to the meeting at which the Planning Commission will consider the application. Applications that do not comply with the material or informational requirements of this section, or those submitted less than 14 days prior to such meetings shall not be eligible or accepted for consideration.
Applicants wishing to submit a site plan for review and approval must submit the materials and information described in Subsection B(1) and (2) below. Individual site plan elements may be waived by the Zoning Administrator if deemed unnecessary. The materials and information required include:
A completed application form and application fee;
Seven copies of a site plan containing the following information:
The name and address of the person or firm that prepared the site plan;
The date on which the site plan was prepared;
The legal description of the parcel or parcels subject to the application;
The exterior property lines of the property subject to the site plan review;
Topography of the site at five-foot contour intervals;
The location and dimensions of all existing and proposed buildings and other man-made features with the measurements of existing and proposed setbacks indicated;
The location and width of existing and proposed public and private rights-of-way and easements;
The location of existing and proposed parking and loading areas, driveways and driving lanes;
The location of existing and proposed sanitary sewers, storm sewers or other drainage facilities, and other infrastructure and facilities;
The location, type and height of existing and proposed fences;
The location and type of existing and proposed landscaping and screening;
Proposed earth changes;
The location of existing and proposed signs and exterior lighting fixtures;
The percent of land covered by existing and proposed buildings. The location and area of reserved open space and buffer areas; and
Any additional information necessary to consider the impact of the project upon adjacent properties and the public.

§ 450-506 Review and approval procedure.

Site plans subject to review by the Planning Commission shall be reviewed as described below:
Decisions to approve, approve with conditions or deny applications subject to review by the Planning Commission shall be made within 60 days of the application date.
The Planning Commission's decision shall be recorded in writing and shall be based upon a finding that the site plan complies with the standards outlined under § 450-507.
Three copies of an approved site plan shall be signed and dated by the Chairman of the Planning Commission. A copy of the approved and/or corrected minutes of the Planning Commission meeting at which approval was granted shall be attached to each copy. One copy shall be returned to the applicant. One copy shall be provided to the Zoning Administrator. One copy shall be provided to the secretary of the Planning Commission to be placed in the permanent record of the Commission's proceedings.

§ 450-507 Standards for site plan approval.

A decision to approve, approve with conditions, or deny an application for site plan approval shall be based on the following criteria as they may apply to a site plan under consideration:
There is a proper relationship between the proposed use and existing streets and highways within its vicinity.
Proposed driveway entrances and exits, parking areas, service drive and other internal circulation routes are located and arranged so as to assure the safety and convenience of pedestrian and vehicular traffic.
All buildings, structures, driveways, internal circulation routes, parking and storage areas are designed and located so as to minimize potential adverse effects or impacts on adjacent and nearby properties.
As many natural features of the landscape will be incorporated into the design and layout of the site so as to buffer the site from adjacent incompatible land uses as well as to assist in preserving the general appearance of the surrounding area and to help control erosion or the discharge of waters. Reasonable buffer and open space areas may be required.
Adverse effects or impacts upon adjoining incompatible land uses shall be minimized by appropriate screening, fencing and/or landscaping.
The land use subject to review and approval complies with all applicable provisions of this chapter.
All buildings, structures, parking and storage areas are accessible to emergency vehicles at all times of the year.
That the plan as approved is consistent with the intent and purpose of this chapter to promote the public health, safety and general welfare, and that it is further consistent with the purposes and scope of this chapter as set forth in Article V.

§ 450-508 Record of determination.

In making a decision to approve, approve with conditions or deny a site plan, the Planning Commission shall record the basis for its determination in writing. The standards for site plan approval listed under § 450-507 shall be incorporated into the record of determination.

§ 450-509 Compliance with approved site plan required.

The construction of buildings, structures and other improvements following approval of a site plan shall be accomplished in full compliance with the approved site plan and applicable conditions of approval.

§ 450-510 Validity of approved site plan.

Approval of a site plan under the provisions of § 450-504 shall be valid for a maximum period of two years. If actual physical construction of the building and improvements included on the approved site plan has not commenced in a substantial way during this period, approval shall be null and void. In this event, no construction or site improvement activities may occur until approval is renewed by the Planning Commission. An application for renewal of approval shall be made in writing to the Planning Commission through the Zoning Administrator no less than 20 days prior to the meeting at which the Planning Commission will consider the application. The Planning Commission shall review the record of proceedings and site plan subject to renewal and shall either grant a one year extension, or deny the request.
Approval of site plans under the provisions of § 450-506 shall be valid for a period of one year during which time construction of the proposed improvements must be substantially commenced. If commencement does not occur during the year following approval, then the applicant shall refile the site plan application and site plan for review by the Planning Commission. In such cases, the site plan shall be subject to all application and review procedures outlined in §§ 450-503 and 450-504.