The provisions of this article are in addition to those for the subdivision of land, where sale of individual lots is also proposed.

(Ord. No. 57-11, § 2, 8-9-2011)

A.

Site plan required. Prior to issuing a building, water management, or land clearing permit, a site plan drawn to a scale no smaller than 1"=50' must be submitted to the planning and engineering department and approved by the reviewing entity as indicated below.

B.

Site plan classification. There shall be three categories of site plans to be reviewed: Class I site plans; class II site plans; and class III site plans. The description of each class of site plan and the entity responsible for reviewing and approving the site plan is contained below. The administrative official or designee shall determine which site plan review and approval is required in case it is not evident which review and approval procedure is appropriate for a development.

(1)

Minor class I site plan. A minor class I site plan is required for the following development:

a.

Erection of sign(s);

b.

Erection of fence(s);

c.

Construction of single-family residences;

d.

Construction of duplex residences;

e.

Interior remodeling to single-family and duplex residences;

f.

Structures accessory to single-family residences and duplexes;

g.

Driveways and sidewalks for single-family and duplex residences;

h.

Additions to single-family and duplex residences;

i.

Parking lots containing less than eight automobile parking spaces that are not associated with a structure requiring class II or III site plan review and approval;

j.

Interior and exterior remodeling to existing non-residential or multi-family residential structures; and

k.

Additions or structures accessory to existing non-residential or multi-family residential structures provided said addition or accessory structure does not exceed ten percent of the existing first floor building area or 500 square feet, whichever is greater.

The planning and engineering department shall be the entity responsible for reviewing and approving minor class I site plans.

(2)

Major class I site plan. A major class I site plan is required for the following development:

a.

Conversion of a residential unit to a non-residential use.

b.

Change of use.

The city technical review staff shall be responsible for reviewing and approving major class I site plans.

(3)

Class II site plan. A Class II site plan is required for the following development:

a.

Multi-family residential projects consisting of three through 24 units.

b.

Duplex projects consisting of four or more duplex buildings (eight units).

c.

New non-residential buildings or structures with a footprint covering an area of 25,000 square feet or less.

d.

Additions to any existing multi-family residential project or existing non-residential structure with an area of 25,000 square feet or less, which do not meet the criteria for minor class I site plan review.

e.

Accessory structures associated with any existing multi-family residential project or existing non-residential structure with an area of 25,000 square feet or less, which does not meet the criteria for minor class I site plan review.

f.

Conversion of a transient lodging facility that converts 24 or fewer units to multi-family residential or non-residential.

g.

Parking lots containing eight through 50 automobile parking spaces not associated with a building requiring class II or III site plan review.

The city technical review staff shall be responsible for reviewing and approving class II site plans.

(4)

Class III site plan. A class III site plan is required for the following development:

a.

Multi-family residential projects consisting of more than 25 units.

b.

Duplex projects consisting of five or more duplex buildings (ten units).

c.

New non-residential buildings or structures with a footprint covering an area of more than 25,000 square feet.

d.

Additions to any existing multi-family residential project or existing non-residential structure with an area of more than 25,000 square feet.

e.

Accessory structures associated with any existing multi-family residential project or existing non-residential structure with an area of more than 25,000 square feet.

f.

Conversion of a transient lodging facility that converts 25 or more units to multi-family residential or non-residential.

g.

Parking lots containing more than 50 automobile parking spaces not associated with a building requiring class II or III site plan review.

The planning and zoning board shall be the entity responsible for reviewing and approving class III site plans.

(Ord. No. 57-11, § 2, 8-9-2011; Ord. No. 43-17, § 1, 6-27-2017; Ord. No. 19-18, § 1, 3-13-2018)

A.

Minor class I site plan.

(1)

Applications to erect a fence shall require the applicant to submit a property boundary survey from a certified land surveyor in a form acceptable to the development services director or his or her designee certifying the property lines.

(2)

For all other development applications, the applicant shall submit to the building department one set of class I site plans. The following information shall be included on a class I site plan:

a.

Outside dimensions of proposed structures;

b.

Dimensions of proposed structure(s) from property lines;

c.

Description of proposed structure(s);

d.

Height above finished grade of proposed structure(s);

e.

Number of square feet of proposed structure(s) in the building footprints;

f.

Lot coverage of structure(s) in the building footprints;

g.

Lot dimensions;

h.

Indicate kitchen facilities;

i.

Location(s) and dimension(s) of accessory equipment (e.g., outside central air conditioning units);

j.

Number, location and dimension(s) of parking spaces (including bumper stops);

k.

Location of jurisdictional wetlands boundary line if on or within 25 feet of subject property;

l.

Survey of property. The survey shall be no more than two years old unless the site has been altered by an act of nature;

m.

Water management plan for new single-family and duplex developments; and

n.

Topographic information.

B.

Major class I site plan.

(1)

Pre-application meeting. Prior to submitting an application for a building permit for work to convert a residence to a non-residential use, or prior to changing the use of a building as defined in article II of this Code, the developer or the developer's representative shall meet with the city technical review staff in order to verify the steps necessary for application and review, and discuss potential issues regarding the conversion. Comments made at the pre-application meeting are advisory and intended to provide guidance and are non-binding on the formal review of the site plan.

(2)

Application and fee. Application for a major class I site plan review shall be on the form provided by the city for such development and shall be accompanied by the fee established by the city commission. The application shall be accompanied by the required number of signed and sealed plans, including electronic copies, as determined by the administrative official.

C.

Class II or class III site plan.

(1)

Pre-application conference. Prior to filing for class II or class III site plan approval, the developer or the developer's representative must meet with the city technical review staff in order to discuss potential issues regarding the proposed projects. Comments made at the pre-application meeting are advisory and intended to provide guidance and are non-binding on the formal review of the site plan.

(2)

Application. Application for class II or class III site plan approval shall be made to the planning and engineering department utilizing the form provided by the department for that purpose, and accompanied by the appropriate review fee as adopted by resolution of the city commission. Initial application shall be accompanied by the required number of signed and sealed plans, including electronic copies, as determined by the administrative official.

a.

Review of application materials. Within three working days of the receipt of an application, the department shall determine whether the application is complete. Incomplete applications shall be returned to the applicant with the deficiencies noted in writing. Re-application shall be accompanied by a re-application fee as adopted by resolution of the city commission.

b.

Initiation of development review. When an application is determined to be complete it shall be scheduled in accordance with the adopted submittal deadline calendar for the corresponding city technical review staff meeting, and the applicant shall be so notified. All application packages must be submitted by noon on the deadline date in order to be scheduled for the next available city technical review staff meeting.

(3)

Site plans and exhibits. The following information shall be shown on or enclosed with the site plan submitted for approval unless specifically waived by the PRC member responsible for review of that item. The site plan itself shall be drawn at a scale of no smaller than 1"=50'.

a.

Engineered drawings, prepared by an architect or engineer registered in the State of Florida and based on an exact survey of the property showing the following:

i.

Cover sheet:

• Project title;

• Project location map;

• Index showing the title of each sheet and page number in consecutive order;

• Name(s) of property owner(s), project planner, engineer, landscape architect and architect;

• Number of residential or transient lodging units and density per acre, if applicable;

• Overall building square footage, number of seats proposed, and maximum number of occupants permitted by the fire marshal, if applicable;

• Parking calculation showing the number of off-street parking and loading spaces required and provided, including handicapped parking;

ii.

Overall site plan sheet:

• Property dimensions, legal description, total gross acreage, and zoning district of subject property and adjacent property;

• If project is phased, dimensions and general location of each phase;

• Location and dimensions of buildings, fences, docks, and other structures and improvements on this proposed site and on adjacent property within 50 feet perpendicular to property lines;

• Common open space areas and improvements, if applicable;

• Location of screened garbage collection area(s) and detail of proposed enclosure;

• Location and dimensions of easements, identified by type (utility, drainage, etc.) or a note that no easements exist;

• Location of jurisdictional wetlands boundary line if on or within 25 feet of the subject property, and the location of the 25-foot-wide upland buffer.

iii.

Paving, drainage and grading plans:

• Existing and proposed topography at one foot contour intervals;

• Dimensions of streets, driveways, sidewalks, entranceways, and off-street parking areas;

• Each off-street parking space shall be consecutively numbered;

• Location and dimension of the bumper stop or curb stop;

• Crown elevation of nearest adjacent street(s);

• Finished floor elevation of proposed buildings (must be 12 inches minimum above the crown elevation of highest adjacent street);

• Erosion control plan.

iv.

Utility plan.

v.

Tree survey showing the location of all trees six inches in diameter or greater at four feet above ground level for properties west of the Indian River. For properties east of the Indian River, the tree survey shall show all trees four inches in diameter or greater when measured four feet above ground level.

vi.

Landscaping plan:

• Tree removal and mitigation table providing the following information:

• Type, size and cross-sectional diameter of each protected tree that will be removed;

• Total cross-sectional diameter of all trees being removed;

• Calculation showing total square inches required to be replaced; and

• List of replacement tree types and sizes.

• Buffer planting table providing the following information:

• Length, width and total area of the required landscape buffer along each property line;

• Calculation showing the square footage required for trees, shrubs and groundcover; and

• Calculation showing the number and square footage of trees and shrubs provided in each buffer area.

• Interior parking lot landscaping table providing the following information:

• Total paved area in parking spaces and drive aisles;

• Calculation showing the total square footage required for interior parking lot landscaping; and

• Calculation showing the total square footage provided for interior parking lot landscaping.

vii.

Photometric plan:

• Location of parking area and other outside lighting;

• Detail of the lighting system showing style height, candlus curve, and profile of the shielded non-glare fixture;

• Note indicating lighting to be shielded non-glare fixture.

viii.

Architectural sheets:

• Elevation drawings displaying all sides of the proposed building(s), and specifying the construction materials used and height of building from base to the highest portion of the structure;

• Entrances and exits of buildings and structures.

ix.

Copy of state or county driveway permits, if applicable.

x.

Copies of agreements between the owner of a hazardous waste generating business and a licensed hazardous waste transportation company and hazardous waste disposal company.

xi.

All projects adjacent to the Atlantic Ocean shall also provide an opinion of title signed by a licensed attorney at law. The opinion of title must be in a form acceptable to the city attorney and the information provided in the opinion of title must be reviewed and approved by the city attorney.

(4)

Review process.

a.

Plan review by city technical review staff.

i.

All applications shall be reviewed by the city technical review staff and written comments shall be delivered and discussed at a regularly scheduled city technical review staff meeting.

ii.

Plans must be resubmitted in response to the city technical review staff comments no later than 120 days after the original city technical review staff review.

iii.

Following resubmittal, the city technical review staff shall have 30 working days to review and approve the revised plat and plans or provide the administrative official with a list of outstanding comments.

iv.

City technical review staff approval shall constitute final approval for class II site plans.

(5)

Planning and zoning board approval. In addition to the city technical review staff review and approval, class III site plans must also be reviewed and approved by the planning and zoning board. Only projects with ten or fewer outstanding technical and procedural city technical review staff comments shall be submitted by the planning and engineering department to the planning and zoning board for consideration, unless waived by the planning and zoning board.

a.

Planning and zoning board action. The planning and zoning board shall consider the site plan at a regularly scheduled meeting and determine if it meets the requirements of this code. The applicant or his/her authorized agent shall be present at the consideration by the planning and zoning board. Upon consideration of the comments of the city technical review staff and the public, the board shall take one of the following actions:

i.

Continue the consideration of the project to the next regularly scheduled meeting to allow for the resolution of outstanding issues;

ii.

Disapprove the proposed site plan;

iii.

Approve the proposed site plan;

iv.

Approve the proposed site plan with conditions.

(6)

Failure to provide timely plan resubmissions. Failure to meet any of the resubmission deadlines cited above shall require the applicant to pay late fees or file a new application, including the appropriate review fees, whichever is deemed applicable by the administrative official.

(7)

Extension of resubmittal deadlines. The administrative official may extend the resubmission deadlines cited above, when warranted by unforeseeable events. A request for extension must be filed in writing with the planning and engineering department explaining the circumstances justifying the extension and include a resubmittal extension fee as adopted by resolution of the city commission.

(8)

Expiration. Class II site plan approval shall expire two years after approval of the site plan. Class III site plan approval shall expire two years after the planning and zoning board approves, or conditionally approves, the site plan.

A site plan shall not expire so long as a building permit remains active without interruption. However, if the owner abandons the site for a period of six months, or the owner fails to perform any meaningful or significant work on the site for a period of six months, or if the owner fails to achieve substantial performance of the work described in the building permit within two years of the date of issuance, the site plan approval shall expire. Meaningful or significant work shall mean work performed in a workman-like manner that is carried out in a manner that the obvious purpose and intent of the work is to complete the site within the customary period of time for the construction industry. Substantial performance shall be as defined in subsection 304.00 F. of this Code.

If a proposed site plan is to be constructed in phases, the applicant shall include a phasing schedule with the application. If construction on the initial phase begins within two years from the date of approval, the site plan shall remain valid for the term of the approved phasing schedule.

(9)

Amendments to an approved site plan. No changes may be made to an approved site plan except under the procedures provided below.

(10)

Minor changes in the location, siting and height of the buildings, structures, parking spaces, utilities or any other portion of the site plan, may be authorized with the approval of the administrative official and upon completion of the site plan change order procedure.

All other changes in the use, any rearrangement of parking areas, buildings, lots, landscaping, any changes in the provisions of common open space and all other amendments to the approved site plan must be made by the entity that originally approved the site plan.

(11)

Enforcement. Following the issuance of a building permit, the chief building official and city engineer shall be informed at each stage of construction and shall inspect the project site to determine if there are any variations between the approved site plan and actual construction. Any variations shall be brought immediately to the attention of the project supervisor, and if the variation is significantly different from the site plan, the chief building official or city engineer shall immediately stop construction and direct the developer to submit new plans indicating the variations to the appropriate review body designated for class I, II or III site plans and shall be approved by said body prior to resuming construction.

(Ord. No. 57-11, § 2, 8-9-2011; Ord. No. 56-16, § 1, 9-27-2016; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 2, 12-8-2020; Ord. No. 48-22, § 1, 8-23-2022; Ord. No. 55-24, § 2, 1-14-2025)

All final site development plans for new construction, increases in the size of a structure, or changing the use of structure, shall include all improvements required by this Code and as outlined in this article.

A.

Completion of improvements prior to issuance of certificate of occupancy. A certificate of occupancy shall not be issued by the building department until required improvements have been inspected and accepted by the responsible department or entity.

B.

Adopted standard construction details. All construction shall comply with standard construction details for utilities as adopted by the Utilities Commission, City of New Smyrna Beach.

C.

Improvement or expansion of existing development. No change to a site shall allow any existing site improvements to be reduced in size or number unless it meets the minimum requirements of the LDR.

D.

Upgrade of site improvements for existing development. Unless otherwise noted herein the following activities shall require the upgrade of existing site improvements to satisfy current code requirements. Such upgrade shall include but not be limited to the provision of paved, curbed and expanded parking facilities, stormwater retention, landscaping and buffers, irrigation, signage and architectural design as prescribed by this Code. The administrative official may waive some or all of these required improvements based upon the extent of the proposed activity and the condition of the existing site development.

(1)

Change of use as described by the building code, the Standard Industrial Classification Manual or when determined to be of significance by the administrative official.

(2)

Re-use of any site development which has been abandoned as described by this Code.

(3)

Substantial improvement to the property which requires class II or class III site plan approval.

(4)

As a condition for granting approval of a special exception, variance, or change of one non-conforming use to another non-conforming use for existing site developments when appropriate.

E.

Modification of approved final site development plans/existing site developments to mitigate impacts of eminent domain actions.

(1)

The owners of any property that has been the subject of an eminent domain action shall submit site development plans designed to mitigate the impacts of such eminent domain actions on the right-of-way buffer yards and parking/vehicular use areas within such property.

(2)

Mitigation requirements shall be as follows:

a.

Irrigation systems shall be provided as required by article VI of this Code.

b.

New parking/vehicular use areas, including revised or new parking spaces, shall be provided in compliance with the requirements of article VI of this Code.

c.

Right-of-way buffer landscaping and landscaping for vehicular use/parking areas shall be provided as required by article VI of this Code.

(Ord. No. 57-11, § 2, 8-9-2011; Ord. No. 104-20, § 2, 12-8-2020)

All site development plans shall reflect the installation of all improvements required in this Code, in a manner consistent with standards of this Code. Improvements include stormwater management systems, utilities, parking and loading areas, lighting, sidewalks, and landscaping and buffering, and any other facility required by this Code.

A.

Easements and miscellaneous dedications. The following minimum number and size of easements and dedications shall be reflected on the site plan drawing. Larger easements may be specifically required based on the size, depth, or special maintenance requirements of a facility. All easements or dedications shall be graphically depicted unless otherwise noted.

(1)

Drainage facilities. A drainage easement shall be granted to the city where a proposed subdivision is traversed by any existing or proposed watercourse, canal, ditch, storm sewer, or other drainage way. Minimum size shall be as follows:

a.

Lake or retention areas shall be covered by an easement extending to ten feet beyond the top of bank.

b.

Canals, watercourses, drainage ways, channels or streams shall be covered by an easement extending to 20 feet beyond the top of bank on one side and 20 feet beyond the top of bank on the other side, if needed.

c.

Swales, or any other facility up to two and one-half feet deep and with side slopes no greater than 4:1 shall be covered by an easement extending to the top of bank.

d.

Storm sewer lines shall be covered by an easement of no less than 20 feet, centered on the centerline of the pipe.

e.

The city may require the dedication of a drainage right-of-way over major facilities providing area wide drainage.

(2)

Utilities. A utility easement shall be granted to the Utilities Commission, City of New Smyrna Beach, wherever a proposed utility line or other facility is planned or located on or adjacent to any property not otherwise dedicated to or owned by the utilities commission. The size and location of such easements shall be determined by the utilities commission.

(3)

Conservation easements. Conservation easements shall be granted to the city or other appropriate governmental agency as follows:

a.

Over all required tree preservation areas.

b.

Around all individual specimen trees required to be preserved.

c.

Over all wetlands, wetland buffers, and wetland mitigation areas.

(4)

Tree preservation. The following tree regulations shall apply in new site plans.

a.

One tree per every 2,500 square feet of property. Each lot shall contain a minimum of one tree for every 2,500 square feet of lot area or portion thereof (rounded to the nearest whole number). If a lot contains an insufficient number of existing trees to meet this requirement, or if the lot has no existing trees to meet this requirement, replacement trees shall be provided.

b.

Fifteen percent of development set aside for trees. Fifteen percent of the area of any subdivision shall be designated for the protection of trees. The area required to protect specimen trees may be included to satisfy this requirement. This required area may be constituted as one or more sub-areas within the development. Said area may include any landscape buffer or other landscape areas required by the LDR for a development. Such designated areas shall contain sufficient land area to comply with minimum tree protection standards to adequately protect the trees contained within the areas. A minimum of 50 percent of the required minimum number of trees as provided in [sub] section (c).below shall consist of existing trees within said area. This requirement does not apply to single-family lots in approved subdivisions or additions, remodeling or similar modification of existing multi-family or non-residential development.

c.

Specimen tree protection. The following table sets forth the minimum requirements for the protection of specimen trees:

d.

Legal mechanism to protect specimen trees. The developer of a subdivision shall provide legal mechanisms which ensure the protection of specimen trees after construction has occurred. Such mechanisms may include but shall not be limited to conservation easements, common open space, tree protection easements, deed restrictions and homeowners association documents. Specimen tree protection on residential lots shall only apply in the designated setback areas. Said legal mechanisms shall be reviewed and approved by the city attorney.

(Ord. No. 57-11, § 2, 8-9-2011; Ord. No. 43-17, § 1, 6-27-2017)

Once a site plan development order has been issued, the developer may request the issuance of site construction permits.

A.

Pre-construction meeting. A pre-construction meeting is required prior to the commencement of any construction activity, including clearing. Failure to begin construction within 45 days after the pre-construction meeting will require an additional pre-construction meeting. The requirements of this subsection may be modified by the administrative official in cases where the size, scope or relative lack of complexity of development plans suggests a lesser need for coordination.

B.

Attendance. Upon request of the developer, the planning and engineering department shall schedule a pre-construction meeting to be attended by the following individuals or their representatives:

(1)

Developer, developer's engineer(s), and developer's landscape architect(s), as appropriate.

(2)

All contractors for the construction of the project improvements.

(3)

All franchised utility companies.

(4)

City technical review staff and appropriate city and utilities commission inspectors.

C.

Agenda. The meeting shall include discussion of the construction schedule, construction permit conditions imposed by the city and other agencies, procedures for inspection and testing, coordination with the utilities commission and private utility companies, maintenance of existing drainage ways, traffic maintenance, dewatering, access for construction stockpiling areas, the general construction requirements for site development and other details deemed necessary to assure safe construction in compliance with this code and with minimum disturbance to surrounding areas.

D.

Pre-construction submittals required before scheduling. The following exhibits or documents shall be submitted to the department one week prior to scheduling the pre-construction meeting for the issuance of development permits.

(1)

Development order.

(2)

Copies of all contracts for the construction of the improvements.

(3)

Copies of certificates of insurance for all contractors providing workman's compensation as required by law and comprehensive liability insurance covering bodily injury, death and property damage, with limits of not less than $100,000.00 per person and $300,000.00 per occurrence, with the city listed as an additional insured and held harmless, as approved by the city attorney.

(4)

Copies of all applicable federal, state, regional, and county agency permits for construction.

E.

Issuance of notice to proceed. Upon receipt of all required documents and completion of the pre-construction meeting, the city engineer shall issue a notice to proceed. The notice to proceed is contingent upon compliance with the development order. In addition, the city engineer may attach substantive and procedural contingencies on construction based on the requirements specified at the pre-construction meeting.

(Ord. No. 57-11, § 2, 8-9-2011; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 2, 12-8-2020)

A.

Inspections. The city shall inspect construction for conformance with the terms of the development permit. The city shall have the authority to reject materials or suspend work when construction is not in conformity with the terms of the development permit. The developer shall notify the city of the commencement of major phases of construction as discussed in the pre-construction meeting.

B.

Testing. The developer shall provide laboratory tests to verify specifications of materials as required by this Code. The city reserves the right to require additional testing based on unusual circumstances encountered in the field.

C.

Request for final inspection. Final inspection of site improvements shall be scheduled no more than five working days after receipt of the following documents, unless a later date is requested by the developer:

(1)

Certification of completion by the engineer of record and/or landscape architect, as appropriate. Upon completion of the site improvements, the developer's engineer and/or landscape architect, as appropriate, shall submit a signed and sealed certificate stating that the work was constructed under his supervision and has been completed in substantial conformance with the approved development plans in compliance with the requirements of this Code.

(2)

As-built drawings. Submit the required number of signed and sealed as-built drawings, including electronic copies, as determined by the administrative official.

(3)

Testing reports. Copies of all testing reports shall be submitted.

D.

Final inspection report. A final inspection report will be issued by the city noting any discrepancies for the development permit, corrective actions required, and any site re-inspection fee required. In addition, the report shall review final documentation required for acceptance of the site improvements once any necessary corrections are made.

E.

Re-inspection. Re-inspection may be requested at any time, subject to remittance of a site re-inspection fee when required. Re-inspection will be scheduled within three working days, and an inspection report issued if necessary.

F.

Acceptance of site improvements. Upon completion of any corrective actions required upon inspection, site improvements shall be accepted by the city upon receipt of the following:

(1)

All required certifications of completion under federal, state, regional, and county agency permits.

(2)

Recording of any addition on or off-site easements required by the development permit or this Code.

(Ord. No. 57-11, § 2, 8-9-2011; Ord. No. 104-20, § 2, 12-8-2020)

A.

Jurisdiction. Variances to design or technical requirements of this code may be granted by the planning and zoning board. Appeals from the decision of the planning and zoning board shall be heard by the city commission.

B.

Procedure. Application to vary from required improvements or design criteria shall be as outlined in article III of this Code.

C.

Administrative variances to standard construction details. Administrative variances to the standard construction details, paving and drainage, and the standard utility details may be granted by the administrative official. Administrative variances shall be limited to alternative materials, technologies, techniques, or other means which are equivalent to the materials, technologies, techniques or other means outlined in the standard details.

(Ord. No. 57-11, § 2, 8-9-2011; Ord. No. 19-18, § 1, 3-13-2018; Ord. No. 104-20, § 2, 12-8-2020)