New Concord City Zoning Code

CHAPTER 1169

Site Plan Review Procedures

1169.01 SITE PLAN REVIEW - PURPOSE.

The purpose of site plan review procedures and requirements is to provide a means and process wherein proposed development of structures and establishment of land uses of a certain size and magnitude can be reviewed and considered in light of the need to:

(a) Balance a landowner’s right to use his/her land, with the corresponding rights of abutting and neighboring landowners to live without land use conflicts that might arise from "light spillover," noise and visual impacts.

(b) Consider the convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;

(d) Address issues related to the protection of natural features on a site.

(e) Evaluate how proposed land development contributes to community aesthetics and creates a sense of place that is contextual with community character.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.02 PROJECTS REQUIRING SITE PLAN REVIEW.

Site Plans are required whenever any one of the following conditions exist:

(a) Proposed construction of any new principal use of property, except for new single or two family dwellings or any residential or non-residential accessory building.

(b) Any proposed construction, alteration, relocation or change in land use that results in the need for 5 or more off-street parking spaces pursuant to Chapter 1165.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.03 SITE PLAN SUBMISSIONS.

An applicant proposing a development subject to Site Plan Review under this section shall submit ten (10) copies each of the Site Plan and related documents, along with the required application fee. When other approvals are required, such as conditional uses or variances, any additional required information shall be submitted with the site plan, and related approval issues shall be addressed by the appropriate board subsequent to site plan review by the Planning Commission.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.04 SITE PLAN PROCEDURES.

After determining that an application for site plan approval is complete, the Zoning Inspector shall transmit copies of the application to the Planning Commission and other municipal officials as necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed. Following the determination that the application is complete, and after proper notifications are provided, the Planning Commission shall consider the proposed Site Plan and take action. Action on the site plan shall consist of either:

(a) Approval of the site plan based upon a determination that the proposed plan is in compliance with the standards set forth herein; or

(b) Approval of the site plan, subject to any conditions, modifications, and restrictions that will ensure that the project meets the standards set forth herein.

(c) The Planning Commission may table a Site Plan approval decision pending the provision of specific information, additional plan details, redesign of all or part of the site layout or other information necessary to make an informed decision.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.05 SUBMISSION REQUIREMENTS.

A site plan shall be prepared at a scale of 1 inch equals twenty feet (20 ft.). Developments greater than five acres may be drawn at a scale of 1 inch equals fifty feet (50 ft.) on standard 24" x 36" sheets. A site plan shall include all data, details, and supporting information as required to demonstrate compliance with code requirements. Review fees may be required to defray the expenses associated with the public review of the plans, including the need to retain a registered professional engineer, planner, landscape architect or other professional consultant to advise the Planning Commission on any or all aspects of the site plan.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.06 PLAN REVIEW.

(a) After the Zoning Inspector has found the Site Plan to be complete with respect to the requirements herein, the Planning Commission shall consider such a plan at a public meeting, and act to approve the site plan as submitted, or approve the site plan with modifications. The Planning Commission must act to either approve the Site Plan as submitted, or it must approve it with specific modifications and changes. When modifications or changes are required as a condition of approval, a revised site plan with such modifications shall be submitted and filed. The Planning Commission and the applicant may mutually agree to table a Site Plan approval decision if there are outstanding issues and unresolved concerns.

(b) In conducting its review, the Planning Commission shall consider the Standards for Review contained in this chapter. The Planning Commission, may if circumstances warrant, limit the number of driveways into or out of a development to maintain better traffic flow on the public street, reposition driveways, require additional buffering, or yard requirements to maintain a better separation of pedestrian and traffic movement, and may require greater building setbacks to achieve more desirable and safer pedestrian and traffic movement. The Planning Commission may also consider other modifications to the submitted site plan that brings the proposed development into better alignment with the Site Plan Review Criterial and Standards (Section 1165.12).

(c) In cases where Site Plan approval involves site improvements that cannot be fully completed before the building is ready for use, the Planning Commission may, as circumstances warrant, require a bond or letter of credit to guarantee completion of specific improvements. Such improvements may include landscape elements, vehicular or pedestrian features, or other site-related infrastructure. Alternatively, the occupancy permit(s) for a new building and/or land use may be withheld until all improvements shown on a site plan are made.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.07 ADVERTISEMENT OF PENDING SITE PLAN ACTION.

Prior to formal consideration of a Site Plan, the Village of New Concord may require that a sign be placed on the subject property that provides a notification to the general public of the pending action on the proposed Site Plan.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.08 STANDARDS FOR REVIEW.

The Planning Commission shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed as follows.

(a) Traffic: Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.

(b) Parking: Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting, and internal traffic control.

(d) Pollution Control: Adequacy of methods for sewage and refuse disposal, and the protection from pollution of both surface waters and groundwater. This includes reducing soil erosion both during and after construction.

(e) Nuisances: Protection of abutting properties and area amenities from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, storm water runoff, etc.

(f) Existing Vegetation: Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.

(g) Amenities: The applicant's efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside plantings, and the retention of open space.

(h) Municipal Character: The building setbacks, area and location of parking, architectural compatibility, signage, and landscaping of the development, and how these features harmonize with the surrounding landscape and built environment.

(i) Design Standards. Compliance with any specific Design Standards set forth in the Village Comprehensive Plan, and/or other adopted urban design standards and requirements. (Ord. K-5-94-2. Passed 5-9-94.)

1169.09 ENFORCEMENT AND TIME LIMITS.

A bond or other similar performance guarantee may be required to ensure compliance with the plan and stated conditions of approval. Site plan approval issued under this section shall lapse within two (2) years unless a zoning permit is obtained and construction is completed.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.10 SITE PLAN CONTENT.

A site plan shall include the following data, details, and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. All of the requirements must be met in each plan, with notations explaining the reasons for any omissions. All site plans shall be prepared by a registered professional engineer, architect, or landscape architect. The Zoning Inspector may waive one or several of the following requirements if he or she determines that such items are not necessary to make a determination as to whether the proposed construction, alteration, relocation or change in land use, or other activity is consistent with the standards for review listed above. If, during the review of the Site Plan, the Planning Commission finds that such information is necessary to fully and completely consider such Site Plan, the Planning Commission may require such information before formally considering the proposed Site Plan. Items required for submission include:

(a) Name of the project, boundaries, legal description and location maps showing site’s location in the Village, date, north arrow, and scale of the plan.

(b) Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect who prepared the site plan.

(c) Names and addresses of all owners of record of abutting parcels and those within two hundred feet (ft.) of any property line of the subject property.

(d) All existing lot lines, easements, and rights of way. Include area in acres or square feet, abutting land uses, and the location and use of structures within two hundred feet (200 ft.) of the site.

(e) The location and use of all existing and proposed buildings and structures within the proposed development.

(f) All dimensions of height and floor area, showing all exterior entrances, and all anticipated future additions and alterations.

(g) An illustration of traffic movement, ingress and egress, and the location of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, paths, landscaping, walls, and fences.

(h) Location, type, and screening details for all waste disposal containers shall also be shown.

(i) The location, height, intensity, and bulb type (e.g., fluorescent, LED, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

(j) The location, height, size, materials, and design of all proposed signage.

(k) The location, height, size, materials, and design of all proposed structures.

(l) Plans for fire protection and emergency vehicle movement and access.

(m) The location of all present and proposed utility systems including, sewage or septic systems, water supply system, telephone, cable and electrical systems, storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.

(n) All existing natural land features, trees, forest cover, and water sources, and all proposed changes to these features including size and type of plant material. Water sources will include ponds, lakes, streams, wetlands, flood plains, and drainage retention areas.

(o) Zoning for adjacent parcels, including those across the street.

(p) Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within one hundred feet (100 ft.) of the site (including those on opposite sides of a street).

(q) A pedestrian circulation plan shall also be shown.

(r) Elevation plans at a scale of 1/4" = 1' or 1/8" = 1' for all exterior facades of the proposed structure(s) showing architectural design features and the type and color of materials to be used.

(s) A landscape plan

(t) For larger development projects, the Zoning Inspector may require existing and proposed topography at a one (1) foot contour intervals. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100 year flood plain, the area will be shown and base flood elevations given. Indicate areas within the proposed site and within fifty feet (50 ft.) of the proposed site, where ground removal or filling is required, and give its approximate volume in cubic yards.
(Ord. K-5-94-2. Passed 5-9-94.)

1169.11 TRAFFIC IMPACT STUDY.

A traffic impact study may be required by ODOT on State Routes. If a traffic impact study is not required by ODOT, the Village of New Concord may require a Traffic Impact Study in accordance with the following:

(a) A Traffic Impact Study may be required when proposed development would be expected to generate more than one hundred (100) directional trips during the peak hour of generation or five hundred (500) trips in an average day.

(b) Traffic Impact Study may be required for new phases or changes to an existing development where a traffic study is more than two (2) years old and roadway conditions have changed significantly (volumes increasing more than two percent (2%) annually).

(c) Traffic Impact Study may be required for a change or expansion at an existing site where the change or expansion is expected to increase traffic by at least one hundred (100) directional trips in a peak hour or result in at least five hundred (500) additional vehicle trips per day for the entire project.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.12 TRAFFIC IMPACT STUDY CONTENTS.

All traffic impact studies shall include the following items:

(a) A description of the site, surroundings, and study area: Illustrations and a narrative shall describe the characteristics of the site and adjacent roadway system (functional classification, lanes, speed limits, etc.). This description shall include surrounding land uses, expected development in the vicinity which could influence future traffic conditions, special site features and a description of any planned roadway improvements. The study shall define and justify the study area selected for analysis.

(b) Description of the proposed development: A description of factors such as the number and types of dwelling units, the gross and usable floor area, the number of employees, and shift change factors. Intended phasing or future expansion shall also be noted.

(c) Description of existing traffic conditions: Existing conditions including existing peak hour traffic volumes (and daily volumes if applicable) on street(s) adjacent to the site. Existing counts and levels of service for intersections in the vicinity, which are expected to be impacted, shall be provided. Traffic count date shall not be more than two (2) years old.

(d) Roadway characteristics shall be described and illustrated, as appropriate. Features to be addressed include land configurations, geometries, signal timing, traffic control devices, posted speed limits, average running speeds, and any sight distance limitations. Existing levels of service shall be calculated for intersections included within the study area. The existing right of way shall be identified along with any planned expansion of the right of way. Existing driveways and potential turning movement conflicts in the vicinity of the site shall be illustrated and described.

(e) Background Traffic Growth: For any project requiring a Traffic Impact Study with a construction completion date beyond one (1) year at the time of the traffic study, the analysis shall also include a scenario analyzing forecast traffic at date of construction completion.

(f) Trip Generation: Forecasted trip generation of the proposed development for the a.m. (if applicable) and p.m. peak hour and average day shall be calculated. This forecast shall be based on the data and procedures outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE).

(g) Phased Projects: For projects intended to be developed in phases, the trip generation by phase shall be described.

(h) Methodology: A description of the application of standard engineering procedures for determining the distribution shall be attached (trip distribution model, market studies, counts at existing driveways, etc.).

(i) Impact Analysis: Level of service or "capacity" analysis at the proposed access points using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board shall be provided. Before and after capacity analyses shall be performed for all street intersections where the expected traffic generated at the site will comprise at least five percent (5%) of the existing intersection capacity.

(j) Access Design/Access Management Standards: The study shall include a map and description of the location and design of proposed access (driveways or new street intersections) including: any sight distance limitations, dimensions from adjacent driveways and intersections within two hundred fifty feet (250 ft.) on either side of the main roadway, data to demonstrate that the number of driveways proposed is the fewest necessary, and support that the access points will provide safe and efficient traffic operation.

(k) Other Study Items: The Traffic Impact Study shall also include the following:

(1) Need for, or provision of, any additional right of way where planned or desired by the applicable transportation agency.

(2) Changes that should be considered to the site plan layout.

(3) If the use involves a drive through facility, the adequacy of the queuing area shall be evaluated.

(4) If a median crossover is desired, separate analysis shall be provided.

(5) If a traffic signal is being requested, the applicable traffic signal warrants shall be provided along with an analysis of traffic progression along the roadway through coordination with other signals.

(6) Description of site circulation and available sight distances at site driveways.

(7) Description of opportunities to define pedestrian circulation to and from the site, and any anticipated impact relative to existing or planned bike/walking trails and/or dedicated bike lanes in roadways. The weight and relative importance of such considerations shall be proportional to the size of the proposed development and proximity of existing or planned bike or walking trails and/or dedicated bike lanes.

(8) The Traffic Impact Study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements shall be described. The mitigation measures may include items such as roadway widening, turn lane geometries, changes to signalization, elimination or combination of access points, or reduction in the proposed intensity of use. Any applicable local or State agency shall review proposed mitigation measures. The responsibility for construction and timing of roadway improvements shall be described.

(9) Mitigation/Alternatives: The Traffic Impact Study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements shall be described. The mitigation measures may include items such as roadway widening, turn lane geometries, changes to signalization, elimination or combination of access points, or reduction in the proposed intensity of use. Any applicable local or State agency shall review proposed mitigation measures. The responsibility for construction and timing of roadway improvements shall be described.

(10) Qualifications: Any Traffic Impact Study involving roadway or traffic signal design work shall be prepared by, or under the supervision of, a registered engineer (P.E.) with specific training in traffic engineering. The Traffic Impact Study shall include a resume of the preparer responsible for the report. The Traffic Impact Study may also include relevant experience of the preparer's firm.
(Ord K-5-94-2. Passed 5-9-94.)

1169.13 SITE PLAN REVIEW CRITERIA AND STANDARDS.

The following design criteria and standards apply to all construction subject to Site Plan Review pursuant to this chapter. In addition, this Zoning Ordinance includes an Overlay Zoning District(s) which includes specific and unique design standards described or referenced therein. All construction subject to Site Plan Review shall meet and any special requirements or standards described in an applicable Overlay Zone, and/or the following general requirements:

(a) The Site Plan shall show that a proper relationship will exist between thoroughfares, service roads, driveways, sidewalks, bike lanes and parking areas to encourage pedestrian, bicyclist and vehicular traffic safety on both public and private lands.

(b) All development features, including the principal buildings, open spaces, service roads, driveways and parking areas, shall be so located to minimize the possibility of adverse effects upon adjacent development.

(c) Building location and placement shall be selected with appropriate consideration given to minimizing the removal of large trees (in accordance with change of topography).

(d) Visual and auditory privacy for surrounding properties and occupants should be achieved with a suitable relationship among buildings, fences and walls, landscaping, topography, and open space.

(e) Parking area landscaping and screening shall channel traffic flow in a safe manner, and on-site traffic circulation shall be designed to provide adequate access for fire and police protection, and minimize interference with the traffic carrying capacity of adjacent streets.

(f) Refuse storage and pick-up facilities shall be indicated on the Site Plan and shall be fenced, screened, or landscaped to prevent blowing or scattering of refuse, and to provide an adequate visual barrier from locations both on- and off-site.

(g) All utilities on-site shall be located underground.

(h) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams, and public streets, and to minimize the possibility of erosion in a manner consistent with the requirements of a Storm Water Pollution Prevention Plan (SWP3).

(i) All private streets, driveways, and parking areas are to be of a useable shape and designed so that lighting from fixed sources and vehicles does not adversely impact surrounding property.

(j) The design of the site and physical structures advances applicable community planning principles expressed in the Comprehensive Plan and any related or area-specific planning documents.

(k) All principal and accessory buildings shall be designed with quality architectural elements with contextual scale, color and materials that will allow a project to blend into its setting and build upon the existing aesthetic identity of an area. Large building mass and long wall planes should be broken up with features such as windows, doors, colors, material variations/patterns and articulation to help provide a sense of human scale.

(l) Main entrances of buildings should connect to a walkway to the street sidewalk. Connecting walkways may cross parking aisles or driveways if distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or scored and painted asphalt to enhance pedestrian safety and comfort.

(m) Where possible, parking areas shall be distributed around large buildings on not less than two sides in order to shorten the distance to other buildings and public sidewalks and to reduce the perceived scale of paved surfaces.

(Ord. K-5-94-2. Passed 5-9-94.)

1169.14 OUTSIDE ASSISTANCE AND EXPERTISE.

The Village of New Concord may request that applications for Site Plan approval be reviewed by professional planners, engineers or landscape architects to ensure compliance with all code provisions. The costs of securing expert advice or studies shall be borne by the applicant. (Ord. K-5-94-2. Passed 5-9-94.)

1169.15 CHANGES TO SITE PLANS.

After the approval of a Site Plan, the developer, individual property owners or property owners wish to make major or minor modifications to site plans. Changes are considered to be either major or minor changes depending on the level of development and redevelopment activity.

(a) Minor Site Plan Changes.

(1) The Zoning Inspector shall review the proposed modifications and shall determine if the scope of the proposed changes is major or minor in nature. To qualify as a minor modification, the Zoning Inspector shall find that proposed modification consists of only activity that is no more intensive than adjusting the size and location of decks, dumpster locations, patios and required screening, fencing, lighting, landscaping and other similar minor adjustments to the site. Minor modifications are also changes that do not increase in the number of housing units in a structure, or increase building size(s) by more than 25% and do not modify approved circulation drives and parking areas.

(2) Minor modifications can be reviewed and approved by the Zoning Inspector. An application for an "Amendment to an Approved Site plan" shall first be filed with the Zoning Inspector and shall include five copies of revised development plans clearly showing the proposed changes. The Zoning Inspector may approve an amended site plan if he or she finds that such changes are not contrary to any issues raised during the initial review of the site plan, or are contrary to any other requirement of this Zoning Ordinance. The Zoning Inspector may also approve an amended Site Plan with minor modifications subject to conditions. The Planning Commission shall be advised of all minor changes authorized under the above procedures.

(b) Major Site Plan Changes. Major Changes to Site Plans (those that do not meet the requirements above) shall be resubmitted as a new Site Plan.