By the terms of this article, all permitted uses in all multiple-family residential districts and commercial districts and uses or construction lying practically or entirely in special flood hazard areas, shall:

(1)

Require site plan review;

(2)

Conform to all minimum requirements of this article and any other applicable laws and regulations;

(3)

Be compatible to the intent of the zone district wherein it is proposed to be located and compatible with adjacent land uses;

(4)

No building permit shall be issued for the purpose of erecting, or constructing any structure or building, or for structural alterations in any existing structure or building until after the town council shall approve the site plan in accordance with this article.

(Code 1980, § 19-9(B)(1); Code 1995, § 86-86)

A preapplication meeting called by the building official or town engineer between appropriate town officials, the landowner or representative, and other entity representatives deemed appropriate, may be required, prior to application submittal for site plan review to ensure proper coordination, intention and understanding in the development of land and buildings and to consider compliance with applicable town regulations.

(Code 1980, § 19-9(B)(2); Code 1995, § 86-87)

Applications for site plan review shall be filed with the building official and shall include those of the following information items that are applicable:

(1)

Statements of unity of title of the subject property.

(2)

Statement describing in detail the character and intended use of the property.

(3)

General location map, showing relation of the site for which site plan approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project and the like.

(4)

Three copies of a site plan containing the title of the project and the names of the architect, engineer, project planner and/or developer, date, and north arrow and based on an exact survey of the property drawn to scale of sufficient size to show:

a.

Boundaries of the project; any existing streets, buildings, watercourses, easements, and section lines;

b.

Exact location, use, height and bulk of all buildings and structures;

c.

Access and traffic flow and volume, and how vehicular traffic will be separated from pedestrian and other types of traffic;

d.

Off-street parking and off-street loading areas;

e.

Recreation facilities locations;

f.

All screens and buffers;

g.

Refuse collection areas;

h.

Access to utilities and points of utilities hookups and location of all water hydrants close enough for fire protection;

i.

Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various uses, ground coverage by structures and impervious surface coverage;

j.

Tabulations showing the derivation of numbers of off-street parking and off-street loading spaces and total project density in dwelling units per acre, if applicable.

(5)

If common facilities, such as recreation areas or structures, common open space, etc., are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, surety arrangements, or other legal instruments providing adequate guarantee to the town that such common facilities will not become a future liability for the town.

(6)

Preliminary storm drainage and sanitary sewage plans or statements.

(7)

Architectural elevations for buildings in the development; exact number of units, sizes and types, together with typical floor plans of each type.

(8)

Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation systems.

(9)

Plans for signs, if any.

(10)

Plans for recreation facilities, if any, including buildings and structures for such use.

(11)

Plans for the extraction of fill and mineral resources and alterations or modifications to the slope, elevation, drainage pattern, natural vegetation and accessibility of the development.

(12)

Such additional data, maps, plans or statements as may be required by the town for the particular use or activity involved, including impacts on affected community facilities and services created by the development.

(13)

Such additional data as the applicant may believe is pertinent to the site plan.

(14)

If development is to occur in phases, those phases should be clearly delineated on the site plan and identified in the plans and requirements appurtenant to the site plan. Each development phase shall be subject to site plan review by the town.

(15)

The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easement or grants for public utilities, if applicable.

(16)

A statement from the landowner that the submitted site plan is consistent with the goals, objectives and all other provisions of the town comprehensive development plan and further, that the projected use is specifically authorized by development ordinances and regulations. The statement shall include, but not be limited to, specific references to those sections of the comprehensive plan relating to the proposed development.

(17)

A statement from the applicant or landowner that all pertinent permits are concurrently being sought from the applicable county, state and federal agencies. Such permits shall be secured prior to the issuance of a building permit for any development on property included within the site plan.

(18)

Items listed above in this section which require the preparation of architectural or engineering drawings shall be prepared and certified by an engineer or architect registered in the state. Site plans and plans and requirements appurtenant to site plans shall be prepared and certified by a registered surveyor, engineer, architect or landscape architect, or a practicing land planner, as may be appropriate to the particular item.

(19)

Any item submitted as part of this section, which requires modification at any time during the site plan review process by the town, may be so modified without resubmittal of an entirely new application; provided, however, that such modification, if approved by the building official and town council and is determined to be consistent with the terms and intent of this article and the zoning district in which the site is located.

(20)

The applicant or landowner will submit an environmental review report that addresses the following:

a.

The identification of environmentally sensitive lands, including, but not limited to, wellfields, habitats of endangered or threatened species, floodplains, wetlands and other natural resources found on the site, if applicable.

b.

The appropriate safeguards and protection measures to be utilized by the applicant or landowner.

c.

A statement from the applicant/landowner and/or the jurisdictional authority indicating that the safeguards and measures shall comply with applicable federal, state and South Florida Water Management District guidelines pertaining to the environmentally sensitive land or natural resource.

(21)

A statement from the applicant or landowner indicating that the site has been investigated for possible historical significance or historical resources. The applicant or landowner shall present further evidence indicating that such actions have been coordinated with the state department of state, division of historical resources.

(22)

The applicant or landowner shall provide statements from all appropriate agencies providing utilities service and other urban service providers that adequate capacity is available to serve the site.

(23)

The applicant or landowner shall be responsible for conveyance of necessary land area required for roadways, intersections and other rights-of-way consistent with the adopted county thoroughfare right-of-way protection map unless such dedication is contrary to law or constitutes a substantial taking of property.

(Code 1980, § 19-9(B)(3); Code 1995, § 86-88; Ord. No. 280, § 16, 1-7-1991)

(a)

Review by the building official. The building official and town engineer shall review the submitted site plan, and plans and requirements appurtenant to the site plan, to ensure compliance with the applicable site regulations, use regulations, parking regulations, and all other technical requirements. If the application is deemed to be at variance with such regulations and requirement by the building official and/or requires the approval of a special exception, further actions on the site plan review shall be stayed until such variance or special exception is resolved. If the application is deemed by the building official to be in compliance with such regulations and requirements, the application and all exhibits, together with the report of the building official concerning such compliance shall be submitted by the building official to the town council within 20 working days from the date of the application.

(b)

Review by town council. Within 30 days of receipt of the application from the building official, the town council shall review, consider and act upon the application. Before any site plan and plans and requirements appurtenant to the site plan shall be approved, approved with changes, or denied, the town council shall make a finding and certify that the public interest and the specific zoning requirements governing the individual use have or have not been met and that, further, satisfactory provisions and arrangements have or have not been made concerning the following review standards, where applicable:

(1)

Sufficiency of statements on ownership and control of the subject property and sufficiency of conditions of ownership, use, and permanent maintenance of common open space, common facilities or common lands to ensure preservation of such lands and facilities for their intended purpose, and to ensure such liability for the town.

(2)

Ingress and egress to the property and the proposed structures thereon, with particular reference to automotive and pedestrian safety; separation of automotive traffic, traffic flow volume and control; provision of services and servicing of utilities and refuse collection; and access in case of fire, catastrophe, or emergency.

(3)

Location and relationship of off-street parking and off-street loading facilities to thoroughfares and internal traffic patterns within the property, with particular reference to automotive and pedestrian safety, traffic flow volume and control, access in case of fire or catastrophe and screening and landscaping.

(4)

Proposed screens and buffers to preserve internal and external harmony and compatibility with uses inside and outside the property boundaries.

(5)

Manner of drainage and runoff control on the property, with particular reference to the effect of provisions for drainage on adjacent and nearby properties and the consequences of such drainage on overall town capacities.

(6)

Utilities with reference to hook-in locations, and availability and capacity for the uses projected.

(7)

Recreation facilities and open spaces, if any, with attention to the size, location and development of the areas as to adequacy, effect of privacy of adjacent and nearby properties and uses within the property, and relationship to community-wide open spaces and recreation facilities.

(8)

Layout of buildings, structures and parking which effectively utilize the natural features, topography, drainage patterns and vegetation of the site.

(9)

Irrigation systems have been provided.

(10)

Consult the town comprehensive development plan prior to commitment of resources for potential development to ensure appropriate environmental factors have been considered and adhered to.

(11)

The proposed site plan and development will not have an adverse effect upon adjacent properties.

(12)

The proposed site plan and development will not place an undue burden on municipal or county services.

(13)

The proposed site plan and development is consistent with the goals, objectives, and other provisions of the town comprehensive development plan and development ordinances and regulations.

(14)

The proposed site plan and development meets the minimum floodplain building and development regulations.

(15)

Such other standards as may be imposed by these zoning regulations for the particular use or activity involved, or any other reasonable conditions or safeguards deemed appropriate by the town council.

(Code 1980, § 19-9(B)(4); Code 1995, § 86-89)

After review of the application the town council shall grant approval, grant approval with conditions or deny the application and direct the building official to approve or withhold approval of the building permit. If any site plan is the result of litigation, or result of a final judgment of any suit, the town council shall additionally do the following:

(1)

As to only those site plans in which an order and/or judgment pertaining thereto involving zoning matters in the town have been entered by the county circuit court; the town council is specifically authorized to approve amendments supplemental or subsequent site plans to such court-approved site plans, and the town council is authorized to enter into agreements and stipulations for amended judgments with the owners and parties interested in the subject real property. The town council is authorized in the subject real property, and the town council is authorized to approve any supplemental, amended or subsequent agreements, stipulations and site plans without the need of any special exception or variances otherwise required under this Code. The approval of any supplemental, amended or subsequent agreements, stipulations or site plans shall be by resolution of the town council, approved by the majority of the town council. Any development on such site shall be subject to chapter 117, except as modified by any such supplemental, amended or subsequent agreements, stipulations and site plans approved by the town council.

(2)

This subsection is specifically limited to those situations described in subsection (1) of this section, i.e., site plans to which an order or judgment of the county circuit court pertaining thereto involving the town has been entered and which decides zoning matters.

(Code 1980, § 19-9(B)(5); Code 1995, § 86-90)

To cover all administrative costs incurred by the town in the site plan review process, the applicant shall be a fee at the time of the site plan review application submittal. The fees shall be paid to the town by the applicant prior to the issuance of a building permit of any development upon any land or portion thereof included in the site plan. This fee shall be as established by town resolution and amended from time to time by resolution.

(Code 1980, § 19-9(B)(7); Code 1995, § 86-91; Ord. No. 04-02, § 2(exh. A), 2-17-2004)

A building permit must be applied for within one year of the date of the site plan approval or the approval shall be nullified. In the case of a site plan which provides for development in phases over a period of years, the town council shall set forth time within which application for building permit on each part shall be filed. If building permits are not filed within the required times, the approval shall terminate and be deemed null and void unless such time period is extended by the town council upon written request of the landowner.

(Code 1980, § 19-9(B)(6); Code 1995, § 86-92)