Prior to the issuance of any building permit in the MF-1, C-1, C-2, LI-1, U-1, PD, MHD, MHP, CL AND PB-1 Districts, there shall be submitted to the Planning and Zoning Commission for its recommendation, ten copies of a Site Plan drawn to the minimum scale of 100 feet to one inch. All supplemental materials may be submitted in report form. All application fees must be paid before any plan will be reviewed.

The Site Plan shall show, but not be limited to, the arrangement of the proposed improvements in detail, together with the essential requirements such as parking facilities, location of buildings and their structures, and the use to be permitted, means of ingress and egress, areas to be landscaped and existing easements.

The Planning and Zoning Commission's consideration shall include paving and layout of street, alleys, and sidewalks; means of ingress and egress, provisions for drainage; parking spaces, protective screening and open spaces; areas designated for landscaping; refuse and waste container locations; and any other request deemed by the Planning and Zoning Commission necessary to consider in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare.

It shall be unlawful to issue a building permit prior to the approval of the Site Plan by the Town Council. No building permit shall be issued except in conformity with the approved Site Plan including all conditions of approval applied by the Planning and Zoning Commission and Town Council.

For the purpose of assisting pre-application planning, a Preliminary Site Plan may be submitted for the Planning and Zoning Commission's consideration. Such Preliminary Site Plan may contain any or all of the Site Plan requirements and must be drawn to scale, submitted in adequate quantity and titled "PRELIMINARY SITE PLAN". The approval of a Preliminary Site Plan will not imply approval of all elements of a Site Plan. It shall be unlawful to issue a building permit based upon a Preliminary Site Plan.

If a building permit has not been issued within one year of approval of the Site Plan, then such Site Plan shall be null and void.

All Site Plans must be accompanied by a landscaping plan.

(1)

Except where otherwise provided, all yard, setback parking, service and recreational areas shall be landscaped with lawns, trees, shrubs, or other live or artificial plant materials and shall be permanently maintained in a neat and orderly manner as a condition for use.

(2)

Where the use of a living screen is proposed, such screen must be included as an element of the landscape plan.

(3)

There shall be permitted fountains, ponds, sculptures, planters, walkways, flag poles, light standards and decorative screen type walls as elements of landscaping in areas designated for landscaping. Decorative type walls, planters, sculptures shall be 30 inches or less in height. The Planning and Zoning Commission shall be authorized to permit heights in excess of 30 inches where such is in the best interest of landscaping and will not in the opinion of the Planning and Zoning Commission create a problem relative to public health, safety, order, convenience, prosperity and general welfare.

(4)

The Planning and Zoning Commission shall consider the adequacy of the proposed landscaping in the interest of promoting the public health, safety, order, convenience, prosperity and general welfare.

(5)

It shall be unlawful to issue a certificate of occupancy prior to approval of the landscape plan by the Planning and Zoning Commission. Prior to the issuance of a certificate of occupancy, all approved screening and landscaping must be in place or if seasonal considerations prohibit the completion of the landscaping, a temporary certificate may be issued for such time as is reasonable to complete the landscaping.

The Site Plan or landscaping plan shall indicate all trees to be retained outside of street, alley and road right-of-ways.

(1)

The Town Building Official or his approved representative will mark all trees, located outside of street and road right-of-ways, which cannot be removed by placing an orange ribbon around said trees.

(2)

Removal of any trees before marking of trees to be retained by Town Building Official or his approved representative will be in violation of this ordinance and will bear a penalty of $200.00 per tree per day until approval is obtained. Any tree wrongfully removed shall be replaced with a comparable tree by the subdivider/developer at his expense.