(a)

Purpose. Except as otherwise provided in this Section 16-61, a site development plan is required in order to apply for a building permit for all multi-family, commercial and industrial developments. The site plan identifies how the lot will be developed to allow the Town to determine that the site design will be in compliance with all the Town regulations.

(b)

Applicability. Except as expressly provided in this Section 16-61, site development plans shall be required for the construction of a new building or structure, or the addition to, or alteration of, an existing building or structure that either adds to or relocates any square footage of the building or structure in excess of twenty (20) percent. For purposes of this Section, square footage area of a building or structure shall include all areas within a building as well as decks and patios located outside of the building. An site development plan shall not be required for:

(1)

The construction or alteration of a single-family residence;

(2)

Interior remodeling of an existing structure;

(3)

A change to the site that affects less than twenty (20) percent of the site area and does not alter the basic intent of an approved development; or

(4)

The expansion of a building that is less than twenty (20) percent of the gross square footage of the building, and does not alter the basic intent of an approved development.

(Ord. 2004-7 §2)

(Ord. No. 2016-03, § 1, 10-18-16)

(a)

Step 1: Pre-application conference (optional). All applications for site development planning of property should be preceded by a pre-application conference between the applicant, the Planning Commission, the Town's staff and those members of the Board who wish to attend. The following submittal items shall be provided when scheduling a pre-application conference with the Town:

(1)

Land use application form.

(2)

Site plan - technical criteria form.

(3)

Application fee and reimbursement agreement.

(4)

Sketch plan. The sketch plan shall be twenty-four (24) inches high by thirty-six (36) inches wide that clearly shows:

a.

True North and scale (not greater than 1" = 200') of the plan.

b.

Name of the project.

c.

Name of the county.

d.

U.S.G.S. township, range, section and quarter section.

e.

Legal description.

f.

USGS topographic contours.

g.

The proposed layout of streets and lots in relation to topographic conditions and natural landscape features on the site.

h.

The proposed location and extent of major open spaces.

i.

Public sites.

j.

Bicycle paths.

k.

Proposed land uses.

l.

An indication of building types, with approximate location of major buildings exclusive of single-family residential dwellings.

m.

Utilities sketch plan showing the proposed locations of utility easements and rights-of-way and of the utilities themselves, including sewer, water, storm drainage, electric, gas and telephone facilities, and the locations of any proposed sewer lift stations.

n.

If applicable, a temporary access roadway plan showing the proposed location of temporary access roads to be constructed for the purpose of gathering soil, geology, engineering or other similar data prior to preliminary plat approval.

o.

Location of any existing oil and gas production facilities.

(5)

Written material. A general project narrative describing or outlining the existing conditions of the site and the proposed development as necessary to supplement the maps and plans required above.

(6)

Certified drainage report. A certified drainage report, including an erosion control study and plan, as applicable, must be reviewed by the appropriate sanitation district (if applicable) and comments provided as part of the pre-application conference.

(7)

Preliminary landscape plan. Refer to Section 16-49 of this Chapter for the final landscape plan requirements.

(8)

Exterior elevations of proposed structures/graphic visual aids. Provide complete building elevations, drawn to scale, with illustrations of all colors and identifying major materials to be used in the structures. In addition, staff may require building floor plans, sectional drawings, perspective drawings, models and/or computer visualizations when the impacts of a proposal warrant such information.

(b)

Step 2: Submit site development plan application.

(1)

Land use application form.

(2)

Site plan - technical criteria form.

(3)

Application fee and reimbursement agreement.

(4)

Site development plan map - The site development plan map shall be a minimum of twenty-four (24) by thirty-six (36) inches and shall provide the following information:

a.

Title of project.

b.

North arrow, scale (no greater than 1" = 50') and date of preparation.

c.

Vicinity map.

d.

Address of project.

e.

Legal description of property.

f.

Name, address and phone number of property owner.

g.

Name, address and phone number of person or firm responsible for plan.

h.

Lot size (square footage).

i.

Bearings and distances of all lot lines.

j.

Existing and proposed easements and rights-of-way.

k.

Existing and proposed paved areas and sidewalks on the site and in the adjacent rights-of-way, all dimensioned, showing how pedestrians will have access to the site and buildings.

l.

Existing and proposed curb cuts on the site and in the adjacent rights-of-way (on both sides of perimeter streets), all dimensioned.

m.

Existing and proposed two-foot contours.

n.

Existing waterways on or adjacent to the site.

o.

Finished floor elevations for all structures.

p.

Footprint (including roof overhangs and eaves, decks, balconies, outside stairs and landings) of all proposed structures and their use with their dimensions and locations noted with respect to the property lines.

q.

Existing structures and their use.

r.

Square footage of the proposed buildings and the footprint of the proposed buildings.

s.

Proposed structure height.

t.

For commercial and industrial uses, the type of activity and number of employees.

u.

For multi-family residential, the number of residential units and bedrooms per unit.

v.

Location of proposed signs and lights.

w.

Specifications for the signs and lights, including type, height and general conformance to this Chapter. For commercial and industrial uses, a photometric plan prepared by a qualified electrical or lighting engineer shall be submitted that depicts all lighting fixtures and the light spread (in foot-candles) of these fixtures across the site to all property boundaries.

x.

Proposed traffic controls and striping for parking areas (all lanes, driveways and parking spaces must be dimensioned).

y.

Trash disposal areas and enclosures including specifications for enclosures.

z.

Location and size of existing and proposed water and sewer service connections and tap sizes (including those for irrigation systems).

aa.

Location and size of water and sewer lines to which the service connections will be or are made.

bb.

Location and size of water meters.

cc.

Location and size of backflow-prevention devices.

dd.

Indication of how and where perimeter drain will drain (if one exists).

ee.

Location of existing electrical lines and poles on or adjacent to the site.

ff.

Location of proposed electrical service connection and meter location.

gg.

Location of electric transformer.

hh.

Location of all fire hydrants. If none exist on site, note distance and direction of the closest hydrant adjacent to the site within five hundred (500) feet.

ii.

Location of detention/retention areas and storm sewer infrastructure with the required drainage easements.

jj.

The distance from the proposed buildings or structures to adjacent lot lines, easements and adjacent structures.

kk.

A land use chart (table).

ll.

Certificate blocks for signatures of owner, surveyor, utility providers and Town approval, as applicable (see Appendix for samples).

(5)

Certified drainage report. A certified drainage report, including an erosion control study and plan, as applicable, must be reviewed and approved by the appropriate sanitation district (if applicable) prior to submittal of the report to the Town as part of the site development plan application.

(6)

Final landscape plan. Refer to Section 16-49 of this Chapter for the final landscape plan requirements.

(7)

Exterior elevations of proposed structures/graphic visual aids. Provide complete building elevations, drawn to scale, with illustrations of all colors and identifying major materials to be used in the structures. In addition, staff may require building floor plans, sectional drawings, perspective drawings, models and/or computer visualizations when the impacts of a proposal warrant such information.

(c)

Step 3: Application certification of completion. Within a reasonable period of time, staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the application (as specified in the Site Plan Technical Criteria form) to the Town Clerk. The original application and all documents requiring a signature shall be signed in blue ink.

(d)

Step 4: Staff refers application to adjacent municipalities and other agencies. Staff may refer the site plan materials to adjacent municipalities and other agencies and service providers for comments. The referral period shall be fifteen (15) days, but such period may be reduced or extended by staff. Staff shall notify the applicant of any adjustment to the referral period.

(e)

Step 5: Site plan letters of support. Within thirty (30) working days of receipt of the site plan, the applicant shall provide the Town with letters of support from all utility providers that will be serving the property.

(f)

Step 6: Technical review committee reviews application and prepares comments. A technical review committee (TRC), consisting of the Town Planner, Town Engineer, Public Works Foreman and Building Official, will review the site development plan map to ensure that it is consistent with the site plan review criteria. The TRC may consider comments received during the referral period in its review of the site plan. Following the review, the TRC will prepare a written report outlining any changes that the applicant must make before the site plan can be approved. This report will be forwarded to the applicant.

(g)

Step 7: Applicant addresses staff comments. The applicant makes all necessary changes to the site development plan and resubmits a revised copy to the Town.

(h)

Step 8: Site plan agreement. The TRC may require that the applicant execute a site plan agreement to assure the construction of on-site and off-site improvements as a condition of approval of the site development plan. Guarantees in the site development plan agreement may be secured by an irrevocable letter of credit, or by cash deposited in an escrow account in an amount determined appropriate by the TRC.

(i)

Step 9: TRC final action. Any action taken by the TRC shall become final unless appealed. Any aggrieved party who wishes to appeal the action shall file a written appeal stating the reasons why the TRC action is incorrect. The applicant shall file the appeal with the Town Clerk within seven (7) days of the meeting at which such action was taken or the right to appeal shall be deemed to have been waived.

(j)

Step 10: Board of Trustees consideration of appeals. The Board of Trustees shall consider any appeal within forty-five (45) days after receipt of the written appeal. The Board of Trustees shall apply the site development plan review criteria to either uphold, modify or reverse the TRC's decision.

(k)

Step 11: Submit and record site plan. Upon approval by the TRC , the applicant shall have thirty (30) days to submit one (1) original Mylar drawing of the approved site plan to the Town Clerk for recording, accompanied by the recording fees and all other costs billed by the Town relative to the site development plan. Inaccurate, incomplete or poorly drawn plans shall be rejected. Within thirty (30) days of receipt of the site development plan, the Town Clerk shall submit the approved site plan to the County Clerk and Recorder's Office for recording.

(l)

Step 12: Post-approval actions.

(Prior Zoning Ord. §§501, 503, 504; Ord. 1995-7 §§1—6; Ord. 1996-7 §§5—8; Ord. 1998-6 §§30, 31, 34, 35; Ord. 2004-7 §2; Ord. 2007-08 §1)

(Ord. No. 2017-01, § 2, 1-17-17)

The site plan must meet the following review criteria:

(1)

All of the information required on a site plan is shown.

(2)

The lot size and lot dimensions are consistent with what is shown on the approved final plat.

(3)

No buildings or structures infringe on any easements.

(4)

The proposed site grading is consistent with the requirements of (insert reference to any applicable adopted storm drainage criteria or master drainage plans).

(5)

The density and dimensions shown conform with this Chapter or the approved PUD requirements.

(Ord. 2004-7 §2)

(a)

An application for amendment of an approved and valid site development plan approval shall be processed in accordance with the requirements applicable to the consideration of a new application.

(b)

Any rezoning of the property after a site development plan is approved but before the approved improvements and uses are implemented on the property shall automatically terminate and void the site development plan approval unless the Town expressly reaffirms the same as part of the rezoning.

(Ord. 2004-7 §2)

(a)

An applicant proposing to make any alterations to an existing property that qualifies as redevelopment or infill development and lacks an approved site plan but which would require one under the requirements set forth in Section 16-61, shall submit an application to the technical review committee (TRC) for approval of a redevelopment plan. A redevelopment plan shall be required instead of a site plan only when the proposed use is limited to existing structures lawfully constructed without a site plan or where the site has been designated as infill. Process, review criteria, and amendments for redevelopment plans shall be the same as those listed for site development plans under Section 16-62, 16-63, and 16-64 of this chapter, except as follows:

(1)

The TRC is authorized to approve, without notice or hearings, plans for redevelopment of land and structures or where the site has been designated as redevelopment or infill development.

(2)

The TRC is authorized to waive development standards for redevelopment and infill development projects when strict compliance with the standards in this chapter would make a project infeasible. The TRC may waive such development standards only after he or she is satisfied that the applicant has used his or her best efforts to comply with the development standards. The TRC may waive the standards if the applicant has provided a compensating amenity or has properly mitigated adverse effects. The waiver shall be granted only if such variance will not adversely affect adjacent properties or the surrounding neighborhood.

(3)

Notwithstanding the provisions [of] the Town Code, the Public Works Director is authorized to grant a deferral of public improvements for redevelopment or infill development projects. Such deferral shall be subject to the following criteria:

a.

Criteria. A written deferral relating to a property owner's duty to construct public improvements may be granted by the Director of Public Works. In order to grant a deferral, the Director of Public Works must determine that installation of public improvements would:

1)

Create a safety, drainage, traffic or other hazard or be impractical;

2)

Be impractical at the time of issuance of the certificate of occupancy because of the physical characteristics of the land; or

3)

Be more efficiently constructed at the time of development of adjacent parcels.

b.

Limitations. All deferrals shall run with the land and shall not be effective until recorded by the Town and with the County Clerk and Recorder. The granting of a deferral shall not impair the Town's authority to place public improvements through an improvement district or any other method authorized by law. The party receiving a deferral shall sign an agreement with the city stating that the party shall commence construction of the public improvements, or deposit with the Town financial security.

(b)

The redevelopment plan shall comply with provisions listed in Section 16-51 of the Town Code.

(Ord. No. 2017-03, § 5, 3-7-17)

(a)

Authority. The TRC may grant minor modifications to approved development plans, provided that the TRC finds that such modification advances the goals and purposes of this Code and results in more effective environmental or open space preservation or relieves practical difficulties in developing a site.

(b)

In no circumstance, however, shall the TRC approve a modification that results in:

(1)

An increase in overall project density;

(2)

A decrease in lot size;

(3)

A change in permitted uses or mix of uses;

(4)

An increase in building height;

(5)

An expansion of established limits of disturbance greater than ten (10) percent; or

(6)

An increase in the ratio of floor area to lot area (FAR).

(Ord. No. 2017-03, § 6, 3-7-17)