(A)

Within sixty (60) days of receipt of the application for site plan review, the Town Commission shall review and consider the application. Before any site plan shall be approved, approved with changes, or denied, the Town Commission shall make a finding that the approval of the site plan will or will not adversely affect the public interest and that the specific zoning requirements governing the individual use have or have not been met and that, further, satisfactory provision and arrangement has or has not been made concerning the following matters, where applicable:

(1)

Sufficiency of statements on ownership and control of the subject property and sufficiency of conditions of ownership of control, 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 that such common facilities will not become a future liability for the Town.

(2)

Intensity of use and/or purpose of the proposed development in relation to adjacent and nearby properties and the effect thereon; provided, however, that nothing in this subsection shall be construed as granting the Town Commission the authority to require reduction of residential densities below that permitted by the schedule of use regulations.

(3)

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 and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe, or emergency.

(4)

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 and control, access in case of fire or catastrophe, and screening and landscaping.

(5)

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

(6)

Manner of drainage 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.

(7)

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

(8)

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

(9)

Such other standards as may be imposed by these zoning regulations for the particular use or activity involved.

(10)

Height of commercial structures with reference to adjoining buildings, the effect on uniformity in height, and the general principal of retaining the low profile scale of commercial architecture.

(11)

Visible size and bulk. The proposed development should be so arranged that it minimizes the visible bulk of the structure(s) to drivers and pedestrians on abutting roadways, the point of reference being the centerline of the abutting roadway(s), with the intent being to maintain visual impact of multi-story buildings at the same relative level of intensity as a single-story building at the minimum required setback.

(B)

Action by Town Commission.

(1)

After review of the standards set forth above, the Town Commission shall approve, approve with changes, or deny the application and direct the Building Official to approve or withhold approval of the Building Permit.

(2)

An approval of a site plan review application by the Town Commission shall include as a part thereof all of the information and exhibits as required by this chapter. No subsequent deviation or change may be made from this information and the exhibits as approved by the Town Commission in the implementation of the Commission approval except upon new application to and approval by the Town Commission. The application shall include size, shape, style and location of buildings, number of dwelling units, location of parking facilities, driveways, accessory uses and buildings, landscaping concepts, and all other aspects of the proposed development germane to the site plan review. Any deviation will result in a stay of work until resolved. The work authorized by the Town Commission approval of a site plan review must be commenced or implemented within twelve (12) months after the date of Town Commission approval thereof, and if not so commenced the Commission approval shall thereupon become null and void.

(Ord. 148, passed 5-26-87; Am. Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03)