A.

Site Development Plan Required. Site development plan approval shall be required for all developments: (1) for which an improvement location permit is required by this title; and (2) that are located in any of the following zoning districts:

1.

Multifamily Residential Zoning Districts.

RM - Residential, multifamily;
RMH - Residential, manufactured home.

2.

Mixed-Use Zoning Districts.

MXD - Mixed-use, downtown center;
MXN - Mixed-use, neighborhood center;
MXC - Mixed-use, community center;
MXR - Mixed-Use, regional center.

3.

Institutional Zoning District.

IN - Special use, institutional.

4.

Industrial Zoning Districts.

IBD - Industrial, business development;
IL - Industrial, light;
IG - Industrial, general

B.

Exemptions. The following types of development shall be exempt from the requirements of this chapter, but shall be required to obtain an improvement location permit and/or any other permit or approval otherwise required by this title:

1.

Sign Installation. The replacement or installation of any sign(s) not occurring as part of an improvement to any other aspect of the property;

2.

Parking Lot Expansion. The expansion of an existing parking lot that does not result in: (a) a greater than twenty-five (25) percent or two thousand (2,000) square foot (whichever is greater) increase in the surface area of the parking previously available on the property; (b) the demolition of any structure; or (c) the need for modifications to street accesses;

3.

Structural Expansion. The expansion of an existing structure or the construction of an accessory structure that does not result in a greater than twenty-five (25) percent increase in the floor area of the structures that were previously existing on the property and does not require the provision of additional landscaping, parking, or other improvements regulated by this title; or

4.

Residential Use/Structure. The placement of an individual manufactured or mobile home or the construction or expansion of a single-family residential use and/or structure.

C.

Review and Approval Authority. The technical review committee, in its role as staff for the plan commission, shall have the authority to review and approve site development plans required by this chapter.

1.

Development Standards. All development subject to site development plan review shall be required to comply with all development standards established for that zoning district by this title. In addition, the following development requirements shall be satisfied prior to any site development plan approval:

a.

Right-of-Way Dedication. The applicant shall dedicate right-of-way along all public streets on which the subject property has frontage. The right-of-way dedication shall be in the amount necessary to provide the right-of-way width identified by the subdivision control ordinance for the classifications of the adjoining streets shown by the city of Franklin thoroughfare plan.

Site Development Plan Process Diagram

b.

Street Trees. The applicant shall provide street trees for the subject property consistent with the street tree standards of the city of Franklin subdivision control ordinance.

c.

Sidewalks. The applicant shall provide sidewalks for the subject property consistent with the sidewalk standards of the city of Franklin subdivision control ordinance.

2.

Waiver of Requirements. The technical review committee shall not have the authority to waive any requirement of this title in the review of a site development plan. The plan commission may waive the requirements of subsection(C)(1)(a) through (c) of this section if these standards are otherwise satisfied. All variances from the terms of this title shall be subject to the approval of the board of zoning appeals.

3.

Revision Process. The procedure for the review of proposed amendments or revisions to previously approved site development plans shall follow the process for the initial approval of site development plans outlined in this chapter.

(Ord. 04-09 § 9.1)

* Intent: The intent of this chapter is to provide for the adequate, consistent review of new development to ensure consistency with the comprehensive plan; accommodate traffic and utility systems; and address the unique characteristics of certain areas of development. Site development plan review is provided for by the Indiana Code 36-7-4-1400 series. The site development plan review process is not intended to provide an alternative to rezoning, variance, special exception, platting, or other established procedures; but rather to allow for the administrative review of site conditions and plans for consistency with applicable requirements prior to the issuance of improvement location permits.
Generally, site development plan review shall involve individual lots and shall occur after rezoning and plat approvals. Site development plan review may occur before or after any necessary board of zoning appeals applications based on the characteristics of each application.

A.

General Requirements. All applications may be obtained from the planning director. Fees shall be paid to the planning director at the time the application is submitted.

1.

Application Forms. All applications shall be made on forms provided by the planning director. All applicants shall submit original applications that are completed in their entirety either in ink or typed.

2.

Copies Required. All applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the city and the applicable rules and procedures of the plan commission.

3.

Review Schedule. All applications shall be assigned reference and/or docket numbers by the planning director. Applications shall be scheduled by the planning director for the appropriate meetings based on the completeness of the application consistent with the requirements of this chapter and the appropriate adopted calendar of filing and meeting dates for the plan commission.

B.

Application. The applicant shall submit an application for site development plan review, an affidavit and consent of property owner (if the property owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information to the planning director.

1.

Application Material Format. All drawings shall be provided in hard copy format in a manner specified by the planning director.

2.

Supporting Information. Supporting information shall include, but not be limited to, that described by subsection C of this section (the planning director, city engineer, technical review committee, and/or plan commission may request additional supporting information, which shall be provided by the applicant).

C.

Required Materials. The following materials shall be submitted with all site development plan applications, unless otherwise waived by the planning director.

1.

Summary Statement. A summary statement of the characteristics and operation of the development, including the population densities, presence of any adult uses, and number of potential employees. The statement shall specify any written commitments being made regarding the site development plan.

2.

Industrial Performance Affidavit. A affidavit of compliance with the industrial performance standards (Section 17.32.050) of this title, if applicable.

3.

Site Description. A general description of the site and its ownership including:

a.

The name, street address, e-mail address, and telephone number of the applicant;

b.

The name, street address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the site development plan design;

c.

The name, street address, e-mail address, and telephone number of the primary contact individual for the application (it shall be indicated if the primary contact person is the applicant or a contracted design professional);

d.

The legal description of the subject property and common address of the site; and

e.

The proposed name of the development (if applicable).

4.

Vicinity Map. A vicinity map showing and clearly identifying the subject property and identifying the current zoning and use of all property within five hundred (500) feet of the subject property.

a.

The vicinity map shall also show all property that is contiguous to the subject property that is owned and/or otherwise controlled by the owner or developer of the subject property.

b.

A conceptual drawing describing the future development of all contiguous holdings described above shall be provided by the applicant upon the request of the planning director, city engineer, technical review committee, and/or plan commission. At a minimum the conceptual drawings shall include a description of the general street access points, general land uses, and general drainage conditions and plans.

5.

Property Survey. A property survey, drawn to an appropriate scale, bearing the seal of a land surveyor registered in the state of Indiana, and showing the following existing features for the subject property and all land within one hundred (100) feet of the property lines of the subject property:

a.

The boundary lines and dimensions of the subject property;

b.

All structures (specifically indicating any structures recognized as outstanding, notable, or contributing in the Indiana Historic Sites and Structures Inventory - Johnson County Interim Report; and those listed in the National Register of Historic Places; and/or the Indiana Register of Historic Sites and Structures);

c.

Topography interpolated from USGS sources and/or otherwise meeting the requirements of the city engineer (topographic information shall tie into horizontal and vertical control points);

d.

Significant wooded areas and other isolated trees and wetlands;

e.

One hundred (100)-year floodplain and one hundred (100)-year floodway boundaries (including elevations);

f.

Public and private streets (including street names), sidewalks and other pedestrian paths, rights-of-way, and easements;

g.

Required building setbacks and any build-to lines and buffer yards;

h.

All known drainage areas, tiles, pipes and structures;

i.

Utility services (including fire hydrants) and easements;

j.

Street accesses; and

k.

Any other paved or otherwise improved areas.

6.

Site Plan. A site plan, drawn to an appropriate scale, bearing the seal of a professional engineer or land surveyor registered in the state of Indiana, clearly showing all proposed aspects of the property and all features relevant to the site development plan, including:

a.

All setbacks and buffer yards;

b.

Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the city engineer);

c.

Preserved wooded areas and isolated trees and wetlands;

d.

Structures (including buildings, fences, and walls);

e.

All structure heights, dimensions, and floor areas;

f.

Areas of outdoor storage;

g.

Permanent dumpsters and trash areas;

h.

Locations, dimensions, and design features (including all curb radii, tapers, and parking space dimensions) of road accesses, interior drives, parking lots, loading docks or areas, intersection sight visibility triangles, and interior sidewalks;

i.

Open spaces and specific landscaped areas; j. Locations and capacities of public and private utilities;

k.

The location, width, and purpose of all easements;

l.

The use of each structure and the amount of parking allocated for the use(s);

m.

Any public improvements including sidewalks, street trees, and right-of-way dedications; and

n.

Locations for temporary uses, such as seasonal sales areas.

7.

Landscaping Plan. A landscaping plan, drawn to an appropriate scale, showing the following:

a.

Proposed landscaping, buffer yards, and street trees;

b.

Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the city engineer);

c.

One hundred (100)-year floodplain and one hundred (100)-year floodway boundaries (including elevations);

d.

Existing and proposed public and internal sidewalks and other pedestrian ways;

e.

The size and spacing of the plantings at the time of installation and the species proposed to be used to meet the requirements of this title; and

f.

All existing trees and vegetation to be preserved, and the driplines for such trees (in which no construction activity shall occur).

8.

Sign plan. A sign plan showing the location, height, method of illumination (if any) and dimensions of all permanent signs and indications of appropriate locations, heights, and sizes of any temporary signs.

9.

Drainage Plan. A site drainage plan, bearing the seal of a professional engineer or land surveyor registered in the state of Indiana, including all calculations required by the city engineer. The drainage plan shall include the location of the following:

a.

All natural streams, regulated drains, and watercourses;

b.

One hundred (100)-year floodways and one hundred (100)-year floodplains (including elevations);

c.

All marshes, wetlands, and wooded areas; and

d.

All drainage area features as described in the drainage calculations.

10.

Lighting Plan. A site lighting plan, drawn to an appropriate scale, showing the type and location of all exterior lighting fixtures.

11.

Construction Plan. A site construction plan, drawn to an appropriate scale, showing:

a.

Proposed erosion and sediment control measures;

b.

The location of any proposed construction trailer and worker parking;

c.

The location, height, and dimensions of any temporary construction- related signs;

d.

Any temporary site accesses to be used during construction;

e.

All traffic control signs and devices (subject to the approval of the city engineer and consistent with the Manual of Uniform Traffic Control Devices);

f.

Any temporary utility connections; and

g.

The location of any stockpiles of dirt, construction materials, and construction waste dumpsters or storage areas.

(Ord. 04-09 § 9.2)

* See Also: Plan commission rules and procedures; Indiana Historic Sites and Structures Inventory - Johnson County Interim Report; National Register of Historic Places; Indiana Register of Historic Sites and Structures.

A.

Technical Review Committee Review. The technical review committee shall review the site development plan, including all supporting information on the date established by the adopted calendar of meeting and filing dates.

1.

Representation. The applicant and/or a representative of the applicant must be present at the meeting to present the site development plan and address any questions the committee may have.

2.

Considerations. In reviewing the site development plan, the committee shall consider whether or not the proposed site development plan is consistent with the requirements and intent of this title and any other applicable adopted requirements of the city of Franklin.

3.

Possible Action. The committee may approve, approve with modifications, deny, continue, or forward to the plan commission the site development plan.

a.

Approve. The committee shall approve the site development plan if it complies with all applicable requirements of this title.

b.

Approve with Modifications. The committee shall approve the site development plan with modifications if it is generally consistent with the considerations for approval outlined in subsection (A)(2) of this section, but requires minor modifications to be completely in compliance with the requirements and intent of this title. The applicant shall revise the site development plan proposal consistent with the committee comments and supply revisions for review by the planning director prior to the release of any improvement location permit.

c.

Deny. The committee shall deny the site development plan if it is found to be inconsistent with the considerations outlined in subsection (A)(2) of this section. If the site development plan is denied there shall be a one-year waiting period before the same site development plan can be resubmitted as a new application.

d.

Continue. The committee may continue the site development plan if requested by the applicant, if a determination has been made by the planning director that sufficient information has not been provided, or if the applicant or an appropriate representative of the applicant fails to appear at the committee meeting. Site development plan applications that are continued shall be automatically docketed for the next committee meeting.

e.

Forward to Plan Commission. The committee shall forward site development plans that are generally consistent with the considerations outlined subsection (A)(2) of this section to the plan commission for review if the proposal:

i.

Involves a request for a waiver of any standard specified by Section 17.40.010(C)(1)(a) through (c);

ii.

Includes proposed written commitments, or

iii.

Requires the imposition of conditions in order to be completely consistent with the considerations for approval.

B.

Plan Commission Preparation. If plan commission review is required, the site development plan shall be placed on the agenda for the next meeting of the plan commission consistent with the adopted calendar of meeting and filing dates. The applicant shall revise the site development plan proposal consistent with any committee comments prior to review by the plan commission and shall provide such revision for review.

C.

Plan Commission Review (if necessary): The plan commission shall review the site development plan and any supporting information.

1.

Representation. The applicant and/or a representative of the applicant must be present at the public hearing to present the site development plan and address questions from the commission.

2.

Presentations. The commission shall consider a report from the planning director describing the findings of the technical review committee and any testimony from the applicant in making its decision.

3.

Possible Action. The plan commission shall approve, approve with modifications, deny, or continue the site development plan application.

a.

Approve. The plan commission shall approve the site development plan if it is consistent with all applicable requirements of this title.

b.

Approve with Modifications. The plan commission shall approve the site development plan with modifications if it is generally consistent with all applicable requirements of this title. The plan commission may impose conditions on the approval of a site development plan if the conditions are necessary to satisfy the requirements and intent of this title. Any accepted conditions shall become written commitments of the applicant.

c.

Deny. The plan commission shall deny the site development plan if it is not consistent with the applicable requirements of this title. Site development plan applications that have been denied shall not be re-filed for a period of one year from the date of the denial, unless a different design, that addresses the reasons for denial, is submitted.

d.

Continue. The application may be continued based on a request by the planning director, the applicant, a remonstrator, or an interested party; an indecisive vote; a determination by the commission that additional information is required prior to action being taken on the request; or if the applicant or an appropriate representative of the applicant fails to appear at the public hearing.

i.

Additional legal notice shall not be required unless specified by the plan commission.

ii.

The continuing of all applications shall be consistent with the adopted rules and procedures of the commission.

4.

Assurance of Completion of Improvements. The plan commission may approve a site development plan with the condition that a surety be provided that guarantees the timely completion of any proposed public improvements included in the development. The surety shall be in a form acceptable to the plan commission, the planning director, the city engineer, and the city attorney, and consistent with surety provisions of the city of Franklin subdivision control ordinance.

D.

Findings of Fact. The planning director shall prepare and sign written findings of fact documenting the action taken by the technical review committee and the plan commission (if plan commission review is necessary). The planning director shall make copies of the written findings of fact available to the applicant within five business days of the date of the decision.

E.

Permits. Prior to any construction activity, the applicant shall be required to obtain the appropriate improvement location permit and any other required permits specified by this title.

(Ord. 04-09 § 9.3)

* See Also: Section 17.48.020, Notice of Public Hearing; plan commission rules and procedures.

The applicant in any site development plan application may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the subject property consistent with IC 36-7-4-613.

A.

Origin of Commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, as a response to comments made by the technical review committee, or in response to any modifications requested by the plan commission.

B.

Consideration of Commitments. Any commitments shall be considered by the technical review committee and/or the plan commission at the time of their review of the application.

C.

Filing of Commitments. Following final action being taken on the site development plan application, the written commitments shall be documented by the planning director. A copy of the commitments shall be maintained by the planning director for the records of the plan commission.

D.

Enforcement of Commitments. The written commitments shall be considered part of this zoning ordinance binding on the subject property.

1.

Successors in Interest. The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or any portion of the subject property.

2.

Enforcement. The written commitments shall be enforceable by the plan commission as if they are a part of this title, consistent with the provisions of Chapter 17.52, Enforcement and Penalties.

3.

Modification. The written commitments may be modified by the plan commission only through the site development plan process described by this chapter.

(Ord. 04-09 § 9.4)

* See Also: Indiana Code 36-7-4-613, Written Commitments; Chapter 17.52, Enforcement and Penalties.

Any applicant or interested party may appeal a determination made by the technical review committee to the plan commission through the procedure described below.

A.

Application. The person making the appeal shall submit to the planning director a letter giving notice of the appeal and required supportive information within thirty (30) days of the decision that is subject to the appeal. Supportive information shall include, but not be limited to, the following:

1.

Findings of Fact. Copies of any written decisions or findings of fact that are the subject of the appeal;

2.

Description. A letter describing the reasons for the appeal noting specific sections of this title, Indiana State Code, or other standards applicable to the city of Franklin and the application upon which the appeal is based.

B.

Plan Commission Meeting. The plan commission will then, in a public hearing scheduled consistent with the adopted calendar of filing and meeting dates, review the appeal and supportive information.

1.

Representation. Either the entity initiating the appeal or their representative must be present at the public hearing to present the appeal and address any questions from the commission.

2.

Presentations. The commission shall consider a report from the planning director, testimony from the entity making the appeal, and testimony from any interested parties at the public hearing.

3.

Proceedings. The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the requirements of the rules and procedures of the commission.

4.

Possible Actions. Upon hearing the appeal, the plan commission may approve, approve with modifications, deny, or continue the site development plan application consistent with the approval procedure for applications referred to the commission by the technical review committee as described in Section 17.40.030(D)(3).

(Ord. 04-09 § 9.5)

* See Also: Section 17.48.020, Notice of Public Hearing; plan commission rules and procedures.