(a)

The primary purpose of the site plan review process is to examine for potential adverse impact on the adjacent area, neighborhood or town those uses having characteristics identified as possessing the potential for negative impact and to ensure such uses are located, sited and designed that they result in a positive contribution to the area, neighborhood and town. To achieve these purposes, the town council or director of planning, zoning and building, whichever is relevant, may, after detailed review of the site plan and its potential off-site impact, impose such operational and/or design conditions as will eliminate or minimize such impact. Such conditions shall reflect the review criteria set forth in this article.

(b)

Where, by the terms of this chapter site plan review is required, no building permit shall be issued for the purposes of erecting, altering or converting any structure or building or any part thereof or altering the use of any land until after the town council or director of planning, zoning and building or designee approves the site plan in accordance with this article.

Notwithstanding the provisions of the immediately preceding sentence, site plan reviews which have obtained prior architectural commission or landmark preservation commission approval, which do not involve a variance or special exception, an increase in the square footage by more than 200 square feet, and/or an increase in density or intensity of use, may be administratively approved or denied by the director of planning, zoning and building department or designee.

In order to administratively approve a site plan review, a determination must be made that the proposed site plan review meets concurrency; does not create negative impacts on an abutting property owner or right-of-way; and, if required to go to either the architectural commission or landmark preservation commission, does not receive an objection from a noticed property owner as part of the commission review process, Said approval shall not require property owner notice or legal advertisement as provided for site plan review by town council. The administrative site plan review application must be acted upon within 30 days of being deemed complete by the planning, zoning and building department. For the purpose of this subsection, the term intensity of use refers to creating a larger parking demand based on the use and/or square footage.

(c)

When an application for site plan review is filed in which extraordinary professional advice and/or consultation is required, as determined by the director of the planning, zoning and building department, such as but not limited to architectural, engineering and legal services, the expense shall be borne by the applicant.

(Ord. No. 2-74, § 9.60, 3-26-74; Ord. No. 7-82, § 7(b), 3-31-82; Ord. No. 1-94, § 5(b), 2-7-94; Ord. No. 5-09, § 34, 4-15-09; Ord. No. 4-10, § 1, 2-10-10; Ord. No. 26-10, § 12, 12-15-10)

Cross reference— Contents of site plans, § 18-207.

(a)

The applicant or his agent shall furnish to the town, as a part of his application for site plan review, a professionally prepared study and detailed report, at the applicant's expense, of the impact of the proposed development on the infrastructure and operation of the town, including development requirements for utility services such as stormwater sewers, sanitary sewers, garbage and trash collection and all other matters relating to the provision of public utilities and/or services by the town.

(b)

Applications for site plan review shall be filed by the fee simple owner. The fee simple title owner may authorize a designee, agent or representative by power of attorney filed with the director of planning, zoning and building or designee. The application shall include those of the following items deemed to be applicable by the director of planning, zoning and building or designee:

(1)

Statements of ownership and control of the subject property.

(2)

A statement describing in detail the character and intended use of the property.

(3)

A general location map, showing the 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)

Two 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 a scale of sufficient size to show:

a.

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

b.

Exact location of all buildings and structures;

c.

Access and traffic flow 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; and

h.

Access to utilities and points of utilities hookups.

(5)

Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to:

a.

The various permitted uses;

b.

Ground coverage by structures; and

c.

Impervious surface coverage.

(6)

Tabulations showing:

a.

The derivation of numbers of off-street parking and off-street loading spaces shown in subsection (b)(4) of this section; and

b.

Total project density in dwelling units per acre.

(7)

If common facilities, such as recreation areas or structures, private streets, 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, homeowners' association 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.

(8)

Storm drainage and sanitary sewage plans.

(9)

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

(10)

Plans for signs, if any.

(11)

Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation and maintenance. Location on the site of all existing trees protected by town regulations shall be shown on the plan that specifies the means of protecting said trees with barricading.

(12)

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

(13)

Such additional data, maps, plans or statements as may be required for the particular use or activity involved; for commercial uses, colored photographs of each building within 100 feet to either side of the property line on any street and a diagrammatic elevation drawing indicating the height and width of existing or planned structures within the same distance.

(14)

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

(c)

Subsections (b)(3), (4), (8) and (9) of this section shall be prepared by a registered surveyor, engineer or architect or practicing land planner as may be appropriate to the particular item.

(Ord. No. 2-74, § 9.61, 3-26-74; Ord. No. 5-78, § 14, 3-31-78; Ord. No. 4-80, § 8, 3-31-80; Ord. No. 7-82, § 7(c) 3-31-82; Ord. No. 1-86, § 5(d), 2-10-86; Ord. No. 1-99, § 7, 4-5-99; Ord. No. 26-10, § 5, 12-15-10)

Site plan application and notice shall follow the requirements found in section 134-172, Uniform Development Review Procedures.

(Ord. No. 2-74, § 9.62, 3-26-74; Ord. No. 5-78, § 14, 3-31-78; Ord. No. 2-83, § 8(a), 2-23-83; Ord. No. 1-97, § 12, 2-17-97; Ord. No. 1-02, § 13, 3-12-02; Ord. No. 5-09, § 35, 4-15-09; Ord. No. 11-2018, § 3, 7-11-18; Ord. No. 08-2021, § 2(Exh. A), 6-9-21)

Editor's note— Ord. No. 08-2021, § 2,(Exh. A), adopted June 9, 2021, changed the title of section 134-328 from "Review by director of planning, zoning and building or his/her designee; notice of hearing" to "Site plan application and notice."

Within 30 days of receipt of the application for site plan review, the town council shall review and consider the application. Before any site plan shall be approved, approved with changes, or denied, the town council shall make a finding that the approval of the site plan will or will not adversely affect the public interest and certify that the specific zoning requirements governing the individual use have or have not been met and that, further, satisfactory provision and an 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 or 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 council the authority to reduce residential densities below that permitted by the use regulations in article VI of this chapter.

(3)

Ingress and egress to the property and the proposed structure thereof, 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 communitywide open spaces and recreation facilities.

(9)

Such other standards as may be imposed by this chapter 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 principle 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 structures to drivers and pedestrians on abutting roadways, the point of reference being the centerline of the abutting roadways, with the intent being to maintain visual impact of multistory buildings at the same relative level of intensity as a single-story building at the minimum required setback.

(Ord. No. 2-74, § 9.63, 3-26-74; Ord. No. 5-78, § 14, 3-31-78; Ord. No. 4-80, § 8, 3-31-80; Ord. No. 6-81, § 8, 3-31-81; Ord. No. 2-83, § 8(b), 2-23-83)

(a)

After review and preparation of the findings, the town council shall approve, approve with changes, or deny the application for site plan review and direct the director of planning zoning and building or designee to approve or withhold approval of the building permit.

(b)

An approval of a site plan review application by the town council 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 council in the implementation of the town council approval except upon new application to and approval by the town council. 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.

(c)

An initial deferral request received by the town more than seven days prior to scheduled town council hearing date may be granted for one month only or until the next succeeding regular town council meeting, if that should occur on a different date. Any deferred action request received seven days or less from the next scheduled meeting date shall be made in person at the town council meeting at the time the action item appears on the agenda. The applicant must explain or justify the request, which town council may approve or deny. A second request for deferral shall be made in person at the town council meeting at the time the item appears on the agenda. The applicant must explain or justify the request, which town council may approve or deny. A third request received for deferral shall be denied unless the applicant can demonstrate to the town council that a compelling reason exists. Any deferral which is required due to a case being deferred by the architectural commission or landmark preservation commission shall be an exception to the regulation above. In no case shall a deferral exceed six months.

(d)

The work authorized by town council approval of a site plan review must be commenced within 36 months after the date of town council approval thereof, and if not so commenced town council approval shall thereupon become null and void. Commencement shall be considered the issuance of a building permit for the work related to the application.

A building permit must be issued within one year of the date of commencement or said site plan review approval shall expire. In addition, all authorized work under the building permit for said approved site plan review must be completed within the construction schedule contained in section 105.4.1.6 of the Florida Building Code as amended in section 18-242 of this Code or said site plan review approval shall expire.

(e)

A time extension from any of the requirements in subsection (d) may be granted or denied by the town council for just cause. Said time extension request shall be submitted in writing to the planning, zoning and building department at least one month prior to the expiration date or said site plan review approval shall expire.

(Ord. No. 2-74, § 9.64, 3-26-74; Ord. No. 5-78, § 14, 3-31-78; Ord. No. 7-79, § 18, 3-30-79; Ord. No. 5-09, §§ 28, 36, 4-15-09; Ord. No. 26-10, § 6, 12-15-10; Ord. No. 5-2011, § 2, 3-9-11; Ord. No. 11-2018, § 4, 7-11-18)