Georgetown City Zoning Code
ARTICLE XXVI
Administration
§ 230-200 Planning Commission.
[Amended 12-16-1992 by Ord. No. 93-001; 12-9-1998]
A.
Establishment. There is hereby established a commission to be known as the "Planning Commission," hereinafter referred to as the "Commission."
[Amended 10-13-2021 by Ord. No. 2021-07]
B.
Membership; appointment; terms of office; removal from office.
[Amended 3-9-2011 by Ord. No. 2011-6; 4-26-2017 by Ord. No. 2017-01; 10-13-2021 by Ord. No. 2021-07]
(1)
The Commission shall be composed of five members, appointed by the Mayor, subject to the approval of the Town Council. Each of the members shall be at least 21 years of age, a citizen of the United States and of the State of Delaware, and a bona fide resident of the Town of Georgetown, with an interest in urban and rural planning and development.
(2)
Members of the Planning Commission shall be appointed for a term of three years; provided, however, that upon the original appointments, all members of the previously constituted Planning Commission shall be appointed for the remainder of their current terms. All members shall be eligible for reappointment.
(3)
Any member of the Planning Commission may be removed from office for inefficiency, neglect of duty or malfeasance in office after a hearing and by a majority vote of all the elected members of the Town Council, or as provided in Subsection B(4).
(4)
Any member of the Commission who fails to attend 75% of the scheduled meetings of the Commission in any twelve-month period, without an excuse acceptable to the Chairman, shall be deemed to have resigned, and the vacancy shall be filled as herein provided for original appointments. Any vacancy occurring other than by expiration of term shall be filled for the remainder of the unexpired term in the same manner as an original appointment.
C.
Chairman; vacancies. The Chairman of the Commission shall be elected from the members of the Commission by a majority of such members. Any vacancy, which may occur on the Commission, shall not affect its powers or functions, but shall be filled in the same manner in which the original appointment was made.
D.
Salaries and compensation. The members of the Commission shall serve without compensation, but they shall be reimbursed within a budget approved by the Town Council for travel, subsistence and other necessary expenses incurred by them in the performance of their duties vested in the Commission.
E.
Powers and duties. The Commission shall have all of the powers, duties and responsibilities provided for in the laws of the State of Delaware, Ordinances of the Town of Georgetown, and other powers, duties and responsibilities as assigned by the Mayor and Town Council.
F.
Meetings; quorum.
(1)
The Commission shall hold regular monthly meetings, the dates to be determined by the Commission; provided, however, that nothing shall prohibit the Commission from holding additional meetings.
(2)
For the conduct of any meeting or hearing, a quorum shall not be less than three members.
(3)
A majority vote of the members present and voting shall be required to take any action on questions brought before the Commission.
G.
Consultation with outside sources. In carrying out its duties, the Commission shall seek the advice of various groups with interest in matters of concern to the Commission, including but not limited to federal, state and county governments, public and private organizations and civic groups working in the field of municipal planning issues.
H.
Contracts. The Commission is not authorized to enter into any contract or agreement with any public or private organization, but shall recommend such course of action to the Town Council in order to carry out its assigned tasks.
§ 230-201 Other duties of the Planning Commission.
§ 230-202 Amendment to provisions by Town Council.
The Town Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations of this chapter. Any such amendment may be initiated by resolution of the Town Council or by motion of the Planning Commission, or by petition of any property owner addressed to the Town Council. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the Planning Commission.
§ 230-203 Recommendation of Commission regarding amendment.
Before taking any action on any proposed amendment, supplement or change, the Town Council may submit the same to the Planning Commission for its recommendations and report. Failure of the commission to report within 15 days after the proposal has been referred to the Planning Commission shall be deemed a recommendation of approval.
§ 230-204 Public hearing.
A.
The Planning Commission may hold a public hearing on any proposed amendment, supplement or change before submitting its report to the Town Council and for this purpose may request the submission of all pertinent data and information by any person concerned.
B.
Before acting on any report by the Planning Commission concerning a proposed amendment, supplement or change the Town Council shall hold a public hearing thereon.
§ 230-205 Denial of petition; reconsideration.
Whenever a petition requesting an amendment, supplement or change has been denied by the Town Council, such petition, or one substantially similar, shall not be reconsidered sooner than six months after the previous denial.
§ 230-206 Approval of RRPC District.
[Added 7-26-1995 by Ord. No. 95-002]
When approval of an RRPC District is sought, the following procedures shall be followed:
B.
A preliminary site plan shall be filed with the Town Manager. The preliminary site plan shall comply with the requirements of this article and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Planning Commission and the Town Council. The preliminary site plan review procedure set forth in Article XXVI, §§ 230-208 through 230-210, shall apply.
C.
When a preliminary site plan is approved by the Town Council, it shall be returned to the Planning Commission pending preparation of the final site plan by the applicant. If a schedule of construction phases has been approved by the Council, the first of the final site plans need cover only the designated initial construction phase, with an additional site plan for each of the scheduled succeeding construction phases. The Council may permit changes in the boundaries of construction phases insofar as they do not affect the external boundaries of the approved preliminary site plan.
D.
The Planning Commission and the Town Council shall review the final site plan for compliance with the requirements of the Town Council and this chapter. The final site plan shall be amended in accordance with the requirements of the Town Council and the Planning Commission and shall be placed on record after such approval.
E.
No public hearing shall be required for approval of any final site plan unless changes in the final site plan significantly alter a provision of the preliminary site plan.
F.
If required by the Town Council, a security bond shall be filed for or deposited in escrow with the Town in an amount sufficient to insure completion of requirements as may be imposed by the Town Council.
§ 230-207 Uses requiring site plans.
[Amended 1-8-1992 by Ord. No. 92-001; 7-26-1995 by Ord. No. 95-002; 3-13-2002 by Ord. No. 2002-2; 7-13-2005 by Ord. No. 2005-5]
Site plans are required to assure good arrangement and appearance of new development; ensure harmony with existing structures; assure consistency with the Town's adopted building and site design standards, the Comprehensive Plan and the Town of Georgetown Design and Construction Standards; to provide an understanding of the impacts of proposed development on public facilities and services and ensure the availability and adequacy of the same; and to otherwise meet the purposes of this chapter.
A.
Category 1 site plans. Site plans for the following major uses, including new construction, or the relocation of a building, not part of an RRPC District or otherwise subject to separate procedures, shall be subject to review by the Planning Commission and shall be called Category 1 site plans:
(1)
Business and office buildings, commercial buildings or industrial buildings.
(2)
Business and professional complexes.
(3)
Churches, temples and synagogues.
(5)
Government buildings of all types.
(6)
Hotel, motel or motor lodges.
(7)
Multiple-family dwellings containing more than two dwelling units or forming a part of a multiple-dwelling development of two or more buildings.
(8)
Townhouses.
(9)
Education or institutional buildings.
(10)
Mixed use building.
(11)
Residential Single-Family Leased Community (RSFLC).
[Added 5-8-2023 by Ord. No. 2023-02]
B.
Category 2 site plans.
(1)
Single-family detached dwellings, two-dwelling units and rehabilitation projects are Category 2 Site Plans and require administrative review as provided for in § 230-213.
(2)
Additions as deemed necessary by the Director of Planning and Zoning.
(3)
Change of use.
(a)
Structures changing the existing use to another permitted use in any zoning district will require an approval from the Town of Georgetown prior to any renovations or remodeling.
(b)
Change of use site plans that do not require waivers, special exceptions and/or variances shall be submitted for review to the Director of Planning and Zoning; all others must go through the Category 1 review process of § 230-209.
(c)
The Town may establish additional requirements for the change of use review based on the increase in services and/or outside agency approvals.
§ 230-208 Site plan processing procedures.
[Amended 7-13-2005 by Ord. No. 2005-5]
The Planning Commission's site plan processing procedures for Category 1 site plans are set forth in § 230-209. Administrative review procedures for Category 2 site plans and other plans are set forth in § 230-213.
A.
The Director of the Department of Planning and Zoning shall establish appropriate procedures, checklists and application forms necessary to ensure the timely and proper review and processing of site plans consistent with this chapter. The Director shall establish the number and acceptable format for the various types of plans submitted for review under this chapter.
B.
Procedures and application forms shall be made available at the offices of the Department of Planning and Zoning. Procedures may be modified from time to time upon approval of the Town Manager.
§ 230-209 Category 1 site plan processing procedures.
[Amended 12-16-1992 by Ord. No. 93-001; 7-13-2005 by Ord. No. 2005-5; 7-8-2015 by Ord. No. 2015-12]
There are three primary stages in the Category 1 site plan process: predevelopment, preliminary, and final.
A.
Predevelopment stage: The purpose of the predevelopment stage is to provide the Department of Planning and Zoning with the opportunity to informally review a development proposal prior to the substantial commitment of time and expense on the part of the applicant in preparing a site plan.
(1)
The applicant shall attend a meeting with the Department of Planning and Zoning prior to submitting a preliminary plan to the Planning Commission. Consistent with the purpose of site plan review as set forth in § 230-207, the purpose of the meeting shall be to provide the Town with an opportunity to address issues or concerns with the proposed plan at the predevelopment stage, identify any impact studies that may be required, and provide direction and feedback to the applicant on the plan or the scope of such studies.
(2)
While the predevelopment review is an informal proceeding, the following types of submissions are helpful to the Department of Planning in evaluating a proposed project:
(a)
Sketches, photographs or other visual depictions of the project, including general visual themes. Please note that formal architect or engineering blueprints or documents are not required or encouraged at this stage.
(b)
Information on access from and impact on nearby roadways, and information on anticipated parking needs.
(c)
Information on when construction may be anticipated to begin, and how long it may take.
(d)
Information on or depictions of similar projects the applicant may have completed in other jurisdictions.
B.
Preliminary stage. The preliminary stage is the first step in the formal submission of a Category 1 site plan to the Town. The purpose of the preliminary stage is to provide the Planning Commission with the information necessary for it to take action to approve or disapprove a site plan. The Planning Commission shall review and take action to approve or deny all Category 1 site plans.
(1)
Preliminary site plans meeting the submittal requirements of § 230-211 shall be submitted to the Director of Planning and Zoning who shall review the plans for compliance with these regulations and the requirements for preliminary site plans and shall transmit said plans to the Planning Commission with his or her comments for review.
(2)
The Planning Commission shall examine the proposed development with respect to the traffic and circulation patterns and safety (internal and external), utilities, drainage, community facilities (existing or proposed), surrounding development (existing or future), the preservation of trees and historic sites, protection of natural environmental features and processes, provision for open space, streetlighting, recreational needs, safety of residents and neighbors, landscaping, architecture, compatibility with Town of Georgetown building site and design standards and, in general, with the objective of ensuring a durable, harmonious and appropriate use of the land.
(3)
The Planning Commission shall take action to approve, approve with conditions, disapprove or table pending further investigation and/or receipt of certain additional information, but shall take no action until the following has occurred:
(a)
The Department of Planning and Zoning has reviewed the site plan and determined that it is complete and submitted its findings in writing to the Planning Commission.
(b)
The applicant has submitted any impact studies that may be required by § 230-213.2 and has obtained Town approval of such required studies.
(c)
Comments on the site plan from appropriate agencies and individuals have been requested and sufficient time has been provided for such agencies and individuals to provide comments.
(4)
Notice.
(a)
For all Category 1 site plans submitted for review, the Director of Planning and Zoning shall:
[1]
Submit written notice to the applicant at least seven days before the day of the meeting to discuss the preliminary site plan.
[2]
Submit written notice to all owners within 300 feet from the subject property. Such written notice shall state the date, time, place and subject matter of the meeting to discuss the preliminary site plan and the name of the applicant. Such notice shall be sent by first-class mail and postmarked not less than seven days before the day of the meeting.
(b)
The Planning Commission may provide for expanded public notification of its deliberations of site plans at its discretion.
C.
Final stage: The purpose of the final stage is to ensure that all submittal requirements of final site plans as set forth in § 230-212 and in the Town of Georgetown Design and Construction Standards are specifically and accurately addressed, to ensure that all conditions of the Planning Commission's approval are specifically and accurately met and to finalize any and all necessary formal agreements related to the project, which may include public works agreements and easement agreements, among others.
(1)
Final site plan approval shall be granted prior to the commencement of any development activity.
(2)
Final site plans shall be submitted to the Director of Planning and Zoning, who shall review the plans for compliance with these regulations and the conditions, if any, imposed by the Planning Commission. If specified conditions or stipulations are met in revised plans, the Director of Planning and Zoning shall approve issuance of building permits in accord with the revision without returning the plans for further Planning Commission review.
(3)
When all review and approvals have been completed and documentation of such approvals provided to the Director of Planning and Zoning, he/she shall affix the official Town of Georgetown final approval to the site plan indicating completion of review and approval by the Town and to certify that conditions, if any, of site plan approval have been met. The applicant shall submit all local, county, state and/or federal approvals as may be required. No building permit shall be issued until this approval has been given.
[Amended 4-22-2024 by Ord. No. 2024-01]
(4)
When a public works agreement is required, the Director of Planning and Zoning may not certify final approval of a site plan until that public works agreement and any required bonds have been executed by the applicant and the Town.
D.
The Director of Planning and Zoning shall assure that the project is completed in conformity with the approved site plan before issuing an occupancy permit.
E.
Before the Town issues an occupancy permit, either all the work must be completed or, in the Town's discretion, all remaining work must be bonded.
§ 230-210 (Reserved) [1]
[1]
Editor’s Note: Former § 230-10, Contents of concept plan submittals, as amended, was repealed 7-8-2015 by Ord. No. 2015-12.
§ 230-211 Contents of preliminary site plan.
[Amended 12-16-1992 by Ord. No. 93-001; 7-13-2005 by Ord. No. 2005-5; 7-8-2015 by Ord. No. 2015-12]
The applicant is responsible for preparing the preliminary site plan. The preliminary site plan shall be submitted as a multiple sheet document with drawings on sheets no larger than 24 inches by 36 inches and at scales no less detailed than one inch equal to 40 feet. Submittals shall meet specific technical requirements set forth in the Town of Georgetown Design and Construction Standards.
A.
The order of plan sheets of the preliminary site plan shall be as follows below. The Director of Planning and Zoning may waive certain sheets that are clearly not applicable to the project under review and may authorize minor variations in the order as the case my warrant.
(1)
Title sheet.
(2)
Record plat(s). (See requirements for subdivision record plats.)
(3)
G-1 general sheet (general notes, site data notes, etc.).
(4)
Key plan and overview plan (for large projects with multiple sheets).
(5)
Site and grading plans horizontal (conforming to requirements for construction improvement plans).
(6)
Utility plans horizontal conforming to requirements for construction improvements plans. (For scale of one inch equals 20 feet, grading and utilities may be combined on the same drawing. For scale of one inch equals 30 feet or one inch equals 40 feet, provide separate drawings for grading and utilities where needed for clarity.)
(7)
Sediment and stormwater management plans, to include horizontal location, contours, inflow pipes, outfall, amenities, paths, buffers and forestation areas, if applicable.
(8)
Preliminary street and stormdrain profiles, cross section for streets and curbing.
(9)
Site details to include, where applicable, curb, sidewalk, handicap ramp, fence, lamppost, light fixture, signs, catch basins, bike paths, crosswalks, medians and any special structures such as retaining walls or concrete pavers.
(10)
Utility profiles, sewer and force main (may be left blank for preliminary plan submittal).
(11)
Pump station details, if applicable (may be left blank for preliminary plan submittal).
(12)
Sewer and water details using Town of Georgetown standards where applicable and available (may be left blank for preliminary plan submittal).
(13)
Landscape and lighting plan with signage locations and details.
(14)
Architectural elevations (all sides); 24 inches by 36 inches by a registered architect.
(15)
Electrical/mechanical where applicable (may be left blank for preliminary plan submittal).
(16)
Copy of itemized letter to Office of State Planning addressing all the PLUS comments, if applicable.
(17)
Copy of PLUS comments from the Office of State Planning, if applicable.
B.
The preliminary site plan shall show the North arrow, scale, date and the following:
(1)
The seal and signature of a registered Delaware land surveyor and/or the seal and signature of licensed engineer and/or the seal and signature of a registered architect as appropriate.
(2)
Revision block on each sheet to accurately disclose any drawing revisions made after the first submittal for preliminary plan review.
(3)
A key and overview plan for multistage projects.
(4)
Geographical location, showing existing zoning district boundaries.
(5)
Existing and proposed changes in zoning classification on the site and adjacent sites.
(6)
Topographic contours at a minimum of one-half-foot intervals unless waived by the Director of Planning and Zoning as clearly unnecessary to review the project or proposal.
(7)
The location and nature of all proposed construction, excavation or grading, including but not limited to buildings, streets and utilities.
(8)
A grading plan (horizontal) conforming to requirements of a construction improvement plan set forth in the Town of Georgetown Design and Construction Standards. Proposed grading, if required, shall be indicated by one-foot contours and supplemental spot elevations.
(9)
A utility plan (horizontal) conforming to requirements of a construction improvement plan set forth in the Town of Georgetown Design and Construction Standards. It shall show all existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades, and the location of all connections to the utility system.
(10)
Where deemed appropriate and necessary by the Town Engineer, provisions for the adequate disposition of natural water and stormwater, indicating the location, size, type and grade of ditches, catch basins and pipes and connections to existing drainage system, and on-site water retention.
(11)
Where deemed appropriate and necessary by the Town Engineer, provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.
(12)
A landscape and lighting plan, including location and details of signage.
(13)
A parking plan, showing all off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required by this chapter.
(14)
Architectural elevations in color, including at least one presentation board of no smaller than 24 inches by 36 inches.
(15)
Preliminary street profiles and cross sections for streets and curbing; all existing and proposed streets and easements, including widths.
(16)
Approximate location of point of ingress and egress to existing public highways; if ingress or egress is onto a state-maintained roadway, an accompanying letter from the Department of Transportation indicating preliminary approval shall be required.
(17)
All existing easements of any kind and, if easements are to be granted, a separate easement plat.
(18)
The number of construction phases proposed, if any, with the site plan showing the approximate boundaries of each phase, and the proposed completion date of each phase.
(19)
A tabulation of total number of acres in the project, gross or net, as required in the district regulations, and the percentage thereof proposed to be devoted to the several dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools and other reservations.
(20)
Number of dwelling units to be included by type of housing: apartments of three stories and under; apartments over three stories; single-family dwellings; townhouses; and two-family dwellings, and the overall project density in dwelling units per acre, gross or net, as required by district regulations.
(21)
Proposed buildings and structures with dimensions, setbacks and heights designated, including floor areas of all nonresidential buildings and the proposed use of each.
(22)
Approximate location and size of nonresidential areas, if any (parking areas, loading areas or other).
(23)
Approximate location and size of recreational areas and other open spaces.
(24)
Existing vegetation, proposed removal of vegetation and proposed replacement of vegetation.
(25)
Location, type, size and height of fencing, retaining walls and screen planting.
(26)
Location, orientation, design and size of signs, if any.
(27)
The Planning Commission may establish additional requirements for preliminary site plans, and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.
C.
Supplemental site plan narrative: The intent of this supplemental information is to provide additional information in a brief summary format to assist the Town in its evaluation of the proposed development. Such information shall include:
(1)
Site data summary chart, including but not limited to: Tax Map and parcel number, Planning Commission case numbers and prior approvals, Board of Adjustments case number and prior approvals, zoning classification, proposed zoning, allowable density, proposed density, total site area, flood zone, source water protection areas, wetlands (state and federal), number of proposed lots, number of proposed units and types, availability of utilities, zoning setback requirements, zoning lot size requirements, maximum building height allowed by zoning, open space required by zoning, and proposed open space, use of open space, parking required by zoning and proposed parking. Provide a breakdown for each phase or land use as appropriate.
(2)
Economic impact statement: Provide a narrative of anticipated construction cost of infrastructure and buildings, fees and dedications. Discuss estimated building permit fees, transfer fees, impact fees, tax revenues, employment opportunities and tax assessments.
(3)
Ability to serve: Provide letters from utility providers other than Town of Georgetown (power, gas, communications, emergency, fire and ambulance), evidencing the ability of the applicant to obtain such services for the proposed project. For residential developments, provide a copy of the letter of notification to the local school board.
(4)
Georgetown Comprehensive Land Use Plan and Design Standards compliance statement: Provide a narrative of designated land use and how the project will be consistent with the Land Use Plan and building and design standards as appropriate.
(5)
Traffic access overview statement: Provide a narrative of existing roads, lanes, width, material, condition, curb, sidewalk and off-site improvements needed to accommodate the project. If the project is known to require a DelDOT traffic study, provide summary information and the study schedule.
§ 230-212 Contents of final site plan.
[Amended 12-16-1992 by Ord. No. 93-001; 7-13-2005 by Ord. No. 2005-5]
The applicant is responsible for preparing the final site plan. The final site plan shall comply with all existing laws, regulations and ordinances governing the approval of site plans and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of construction permits.
A.
In addition to meeting the submittal requirements of a preliminary site plan, final site plan shall meet all specific plan submittal requirements of Section 1G-1.26 of Town of Georgetown Design and Construction Standards and all applicable engineering details set forth in Town of Georgetown Design and Construction Standards.
B.
Submittals shall demonstrate compliance with any conditions of site plan approval and shall include all necessary approvals from any local, county, state and federal agency.
C.
As a condition of site plan approval, the Planning Commission may establish additional submittal requirements for a final site plan, and may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.
§ 230-213 Administrative plan review procedures.
[Added 7-13-2005 by Ord. No. 2005-5[1]]
Administrative plan review is for projects with relatively minor impact, which require less information than for Category 1 site plans and can be reviewed and approved in a shorter time. In administrative plan review, the Director of Planning and Zoning is the approving authority. Administrative plan review is required for Category 2 site plans, change of use plans, minor subdivisions of three lots or less, lot line adjustments and conversion of existing deeded lots to parcels.
A.
No application for administrative plan approval shall be accepted by the Town until:
B.
Plans requiring administrative review shall be submitted to the Director of Planning and Zoning who shall review the plans for compliance with these regulations. If the Director finds that such plans meet the intent of this chapter and are consistent with the Comprehensive Plan, then the Director shall affix the official Town of Georgetown final approval to the plan(s) certifying approval. If the Director finds that the plan does not meet the intent of this chapter and/or is not consistent with the Comprehensive Plan and the Town's adopted building and site design standards, then the Town Manager shall deny approval and transmit that decision in writing to the applicant.
[Amended 4-22-2024 by Ord. No. 2024-01]
C.
The Director of Planning and Zoning shall not take action to approve or deny a plan requiring administrative review until the following has occurred:
(1)
The Department of Planning and Zoning has reviewed the plan and determined that it is complete as provided in § 230-214.
(2)
The applicant has submitted any impact studies that may be required by § 230-215 and has obtained Town approval of such required studies.
(3)
Comments on the plan from appropriate agencies and individuals have been requested and sufficient time has been provided for such agencies and individuals to provide comments.
(4)
The applicant has submitted all local, county, state and/or federal approvals as may be required.
D.
The Director of Planning and Zoning shall act to approve or disapprove and shall promptly transmit his/her decision in writing to the applicant.
§ 230-213.1 Contents of plans for administrative review.
[Added 7-13-2005 by Ord. No. 2005-5]
Plans for administrative review shall comply with all existing laws, regulations and ordinances governing development approval and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of construction permits. The plan shall show the North point, a scale not to exceed one inch equals 40 feet, the date, and the following:
A.
Plan shall show the seal and signature of a registered Delaware land surveyor or licensed engineer as appropriate.
B.
All existing property lines with dimensions.
C.
If converting an existing deeded lot to a new parcel, old lot lines with dimensions and numbers shall be shown.
D.
If proposing a minor subdivision or lot line adjustment, proposed lot lines with dimensions shall be shown.
E.
All setbacks lines.
F.
All existing structures (dimensions, total square footage, distance from property lines).
G.
Zoning classification (property and adjoining properties).
H.
Reference deed book/page and plat/book page.
I.
Proposed signs, if applicable.
J.
Proposed building elevations of all sides visible from the public right-of-way, if applicable.
K.
Proposed landscaping, if applicable.
L.
All existing and proposed driveway/parking spaces/interior roadway areas and dimensions, if applicable.
M.
For a change of use and/or addition, interior layout with dimensions to include existing and proposed uses.
N.
Adjacent street names and alleys, if applicable.
O.
Revision table specifying dates for submittals and revisions.
P.
Other information as may be required by the Director of Planning and Zoning or Town Engineer to adequately review the plan.
Q.
Sanitary sewer, public water and storm drain locations, including the location of all lines and ties-ins.
R.
Sussex County District Tax Map and parcel number.
S.
All existing and proposed easements and rights-of-way, if applicable.
§ 230-213.2 Impact studies may be required.
[Added 7-13-2005 by Ord. No. 2005-5]
A.
As provided for in the Town of Georgetown Design and Construction Standards, impact studies may be required and shall be submitted with the Category 1 preliminary site plan or administrative review plan as may be appropriate.
B.
The Town shall review impact studies as part of its plan review procedures to determine the nature and extent of off-site impacts of the proposed development.
C.
If impact studies plans are determined to be required, no site plan shall be submitted to the Planning Commission for action prior to studies being completed to the satisfaction of the Director of Planning and Zoning, Town Engineer or other appropriate town official.
§ 230-213.3 Amendment of approved site plan.
[Amended 7-13-2005 by Ord. No. 2005-5]
Amendments to an approved site plan shall be submitted to the Department of Planning and Zoning with an appropriate application. The Director shall determine at that time the appropriate fee amount and payment schedule, if any, which shall apply.
A.
The Director of Planning and Zoning or his/her designee shall determine if the modification is major or minor. A "minor modification" is a modification that does not change the intensity of the use or alter the traffic pattern. A "major modification" is a modification that changes the intensity of the use or alters the traffic pattern.
B.
If the site plan to be modified is a Category 1 site plan and the modification is determined to be major, the applicant shall submit new drawings to the Director of Planning and Zoning, who shall distribute the drawings to the appropriate agencies or individuals for comment. Obtaining agency approvals other than the Town of Georgetown shall be the responsibility of the applicant. The proposed modification shall be approved or denied by the Planning Commission.
C.
If the site plan to be modified is a Category 2 site plan and/or the modification is determined to be minor, the applicant shall indicate the change on the previously approved plan and submit the modified plan to the Director of Planning and Zoning, who may distribute the plan to the appropriate agencies or individuals for comments. The proposed modification shall be approved or rejected by the Director of Planning and Zoning, except that a minor modification of an approved Category 1 site plan may, at the discretion of the Director of Planning and Zoning, be submitted to the Planning Commission for review and approval.
§ 230-213.4 Expiration of approved site plan.
[Added 7-13-2005 by Ord. No. 2005-5; amended 8-13-2008 by Ord. No. 2008-15[1]; 12-14-2011 by Ord. No. 2011-20[2]]
A.
The Planning Commission’s preliminary site plan approval shall become null and void unless final approval has been issued within two years from the date of the Planning Commission approval. The Planning Commission may for good cause grant a one-year extension. When granting an extension, the Planning Commission may impose additional conditions to comply with current ordinances and design standards that were not in effect when the site plan was originally approved.
B.
The final site plan approval shall become null and void unless a building permit has been issued for the proposed development within two years from the date of the final approval. The Planning Commission may for good cause grant two one-year extensions. When granting an extension, the Planning Commission may impose additional conditions to comply with current ordinances and design standards that were not in effect when the site plan was originally approved.
[1]
Editor's Note: Editor's Note: This ordinance also provided that any approved site plans as of the day of its adoption, that have not obtained building permits, whether they have received an extension or not, shall be subject to their existing deadlines, and that, thereafter, those applications may be eligible for the extension provisions of the ordinance.
[2]
Editor's Note: This ordinance also provided that for preliminary or final site plans approved prior to its effective date, the approval date for purposes of expiration would be the effective date of the ordinance.
§ 230-213.5 Appeals.
[Added 7-13-2005 by Ord. No. 2005-5]
Except as provided for in § 230-213C, any person aggrieved by any site plan review decision made by the Director of Planning and Zoning or his/her designee may appeal said decision to the Planning Commission.
§ 230-214 Certificate of occupancy and compliance.
The following regulations apply to the certificate of occupancy and compliance:
A.
No vacant land shall be occupied or used, except for agricultural uses, until a certificate of occupancy and compliance shall have been issued by the Town Manager.
B.
No premises shall be used, and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the Town Manager stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
C.
Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and may be issued within 10 days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Town Manager.
D.
No permit for excavation for any building shall be issued before application has been made for a building permit.
E.
Upon written request from the owner, the Town Manager shall issue a certificate of occupancy and compliance for any building or premises existing at the time of adoption of the ordinance, or any changes or amendments thereto, certifying after inspection and investigation the extent and kind of use made of the building or premises, and whether such use conforms to the provisions of this chapter or is to be deemed a nonconforming use.
§ 230-215 Conditions for issuance of a building permit.
The following conditions shall apply when issuing a building permit:
A.
No building shall be erected, constructed, altered, moved, converted, extended or enlarged without the owner or owners first having obtained a building permit therefor from the Town Manager, and such permit shall require conformity with the provisions of this chapter. Provided, however, the Town Manager, at his or her discretion, may issue an emergency permit not in conformity with the provisions of this chapter when:
(1)
A dwelling has been made uninhabitable by fire, wind, flood or impact by motor vehicle or airplane, or similar natural or man-made disaster.
(2)
A written statement by the applicant and a personal inspection have been filed certifying the dwelling to be uninhabitable due to fire, wind, flood, impact, or similar natural or man-made disaster.
(3)
A limitation of one year or less is placed on the permit. Any extension of any emergency permit shall be made only by the Board of Adjustment.
B.
Any filing fee shall accompany each application for a building permit in such amount as may be determined by the Town Council as stated in the Code of the Town of Georgetown, § 98-6, Licensing and permits, and shall be payable to the Town of Georgetown.
[Amended 5-8-2002 by 2002-5]
C.
A building permit issued in accordance with the provisions of this chapter shall become void 90 days after the date of its issuance, if the construction for which it was issued has not been started or has been substantially discontinued.
D.
A building permit lawfully issued by the Town Manager prior to the effective date of this chapter shall not be invalidated by the passage of this chapter, provided that actual construction pursuant to the permit's own terms and provisions, and ordinances and regulations thereto, shall have begun within the effective date of the permit:
(1)
Grading of lot and/or staking shall not be construed as "actual construction."
(2)
One permit issued to cover more than one building remains valid for all of the buildings covered by the permit, if actual construction as provided above shall have commenced prior to the expiration of the permit, subject only to Subsection D(3), below.
(3)
In any event, the permit shall be invalidated if actual construction is discontinued for reasons other than those beyond the permit holder's control.
§ 230-216 Drawings to accompany applications for building permits.
All applications for building permits shall be accompanied by a drawing or plat in duplicate or as required by the Town Manager showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot, and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawings shall contain suitable notations indicating the proposed use of all land and buildings. A careful record of the original copy of such applications and plats shall be kept in the office of the Town Manager and a duplicate copy shall be kept at the building at all times during construction.
§ 230-217 Filing fees.
[Amended 5-8-2002 by Ord. No. 2002-5]
A.
The Board of Adjustment filing fee is established by the Town Council and shall be paid in advance to the Town as stated in the Code of the Town of Georgetown, § 98-3, Application fee schedule. Fees shall be refunded on request if the application is withdrawn before publication of required notices.
[Amended 9-12-2018 by Ord. No. 2018-03]
B.
The Planning Commission filing fee is established by the Town Council and shall be paid in advance to the Town as stated in the Code of the Town of Georgetown, § 98-3, Application fee schedule.
C.
All site, sign, subdivision, annexation, and rezone application filing fees are established by the Town Council and shall be paid in advance to the Town as stated in the Code of the Town of Georgetown, § 98-3, Application fee schedule.
D.
Any additional professional service costs associated with the project will be billed to the applicant, if required, and must be paid prior to the issuance of a building permit.
§ 230-218 Construal of provisions.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenants or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon land development, construction, the use of buildings or premises, upon height of buildings or requires larger open spaces than are imposed or required by other resolutions, ordinances, rules or regulations or by easements, covenants or agreements, the provisions of this chapter shall govern. If, because of error or omission in the Zoning District Map, any property in the jurisdiction of this chapter is not shown as being in a zoning district, the classification of such property shall be UR1 Urban Residential District.
§ 230-219 Enforcement; violations and penalties.
The following regulations shall apply in regards to enforcement, violations and penalties:
A.
It shall be the duty of the Town Manager to enforce the provisions of this chapter and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of said chapter. It shall also be the duty of all officers and employees of the Town of Georgetown to assist the Town Manager by reporting to him any seeming violation in new construction, reconstruction or land uses.
B.
In case any building is erected, constructed, reconstructed, altered, repaired or converted, or any building or land is used in violation of this chapter, the Town Manager is authorized and directed to institute any appropriate action to put an end to such violation.
C.
Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than $100, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who have assisted in the commission of any such violation shall be guilty of a separate offense, and, upon conviction thereof, shall be fined as hereinbefore provided.