The purpose of this article is to establish a uniform set of requirements for the planning and design of DEVELOPMENTs within the TOWN in order to achieve the following objectives: to determine compliance with the provisions of this ordinance; to promote the orderly DEVELOPMENT of the TOWN; to prevent depreciation of land values; to ensure a consistent level of quality throughout the community; to ensure a harmonious relationship between new DEVELOPMENT and the existing natural and manmade surroundings; to achieve the purposes of the TOWN's COMPREHENSIVE PLAN; and to promote consultation and cooperation between applicants and the TOWN in order that applicants may accomplish their objectives in the utilization of land, consistent with the purpose and intent of this ordinance and the goals of the TOWN's COMPREHENSIVE PLAN.

Varying levels of site plan review are established, depending on the scale of the proposed project and potential impacts it may have on the community and immediate surroundings. This section defines the parameters under which varied levels of plans are required and the responsible review authority, as follows:

A.

Administrative Review. The ZONING ADMINISTRATOR shall review site plans in connection with the creation of a use or the erection of a BUILDING or STRUCTURE as indicated in Table 14-2. These projects are typically minor in scale and do not necessitate a complex set of plans.

B.

Preliminary Plan Review. The PLANNING COMMISSION shall act upon all preliminary site plans for projects of larger scale or potentially greater impact, addressing conformance with the ordinance requirements, compatibility with the surroundings, integration with the community character, and protection of the environmentally sensitive surroundings.

C.

Final Plan Review. The ZONING ADMINISTRATOR, with assistance from other applicable staff, consultants, and outside agencies and departments, shall act upon all final site plans, following the PLANNING COMMISSION's preliminary plan review. The final plan will contain the technical details that require engineering or other professional expertise.

D.

Applicable Projects. Table 14-2 specifies the project categories applicable to each level of site plan. The responsible reviewing authority for each category is indicated by a "PC" for PLANNING COMMISSION and "ZA" for ZONING ADMINISTRATOR.

A.

Exemptions. The full site plan requirements of this article shall not apply to the following; provided, however, a general site plan shall be submitted for review by the ZONING ADMINISTRATOR with the permit application to verify compliance with all other requirements of this ordinance:

1.

Any SINGLE-FAMILY DWELLING or TWO-FAMILY DWELLING, when such DWELLING is allowed by right pursuant to this ordinance;

2.

Any ACCESSORY BUILDING or STRUCTURE which is located on the same LOT as a SINGLE-FAMILY DWELLING or TWO-FAMILY DWELLING, when such BUILDING or STRUCTURE is accessory thereto and allowed by right; and

3.

Construction or site IMPROVEMENTs related to any CONDITIONAL USE which is expressly authorized by this ordinance to be conducted within a SINGLE-FAMILY DWELLING or TWO-FAMILY DWELLING.

The process of reviewing a site plan shall be as follows:

A.

Administrative Plan Reviews. The ZONING ADMINISTRATOR shall perform administrative reviews, as follows:

1.

Copies of a complete site plan and an electronic version, in a quantity and format specified by the ZONING ADMINISTRATOR, shall be submitted to the ZONING ADMINISTRATOR along with an application form made available for that purpose and a fee, as established by the TOWN COUNCIL.

2.

The ZONING ADMINISTRATOR shall review the site plan for completeness, and shall obtain comments, as he or she considers necessary, from TOWN staff, as well as representatives from SIPOA, any outside agency, department, entity, or consultant.

3.

The ZONING ADMINISTRATOR shall consider the site plan, any comments received, and the applicable standards of this ordinance and shall either:

a.

Approve the plan as submitted if all applicable requirements and standards have been met;

b.

Approve the site plan with conditions; or

c.

Deny approval of the site plan if applicable requirements and standards have not been met.

4.

At the ZONING ADMINISTRATOR's sole discretion, the application may be submitted to the PLANNING COMMISSION for comment or a decision:

5.

The reasons for the ZONING ADMINISTRATOR's action, along with any conditions that may be attached, shall be stated in writing, and provided to the applicant.

6.

If approved, two (2) electronic copies of the site plan shall be signed and dated by the ZONING ADMINISTRATOR and the applicant. One (1) copy shall be kept on file with the TOWN and one (1) copy shall be returned to the applicant or his or her designated representative. If the plan is approved with conditions, copies of the revised plan, shall be submitted in electronic form reflecting those conditions and signed by the applicant and ZONING ADMINISTRATOR prior to issuance of any permits.

B.

Preliminary Plan Reviews. The PLANNING COMMISSION shall perform preliminary site plan reviews, as follows:

1.

Copies of a complete site plan and an electronic version, in a quantity and format specified by the ZONING ADMINISTRATOR, shall be submitted to the ZONING ADMINISTRATOR along with an application form made available for that purpose and a fee, as established by the TOWN COUNCIL.

2.

The ZONING ADMINISTRATOR shall review the site plan for completeness, and shall obtain comments, as he or she considers necessary, from SIPOA, any outside agency, department, entity, or consultant.

3.

Once the ZONING ADMINISTRATOR determines that the site plan is complete, he or she shall transmit the site plan, along with comments from TOWN departments, agencies, and consultants to the PLANNING COMMISSION for consideration at its next meeting.

4.

The PLANNING COMMISSION shall consider the site plan and shall either:

a.

Approve the site plan, as submitted, if all applicable requirements and standards have been met;

b.

Approve the site plan with conditions; or

c.

Deny approval of the site plan if applicable requirements and standards have not been met.

5.

The PLANNING COMMISSION review shall be based on the requirements of this article and, specifically, the review standards of Section 14.6.

6.

The reasons for the PLANNING COMMISSION's action shall be stated in writing and provided to the applicant.

7.

The applicant or authorized representative shall be present at all meetings at which the request is to be considered. If the applicant or authorized representative is not present, the matter may be tabled. If applicant does not attend two (2) consecutive meetings, the request shall be deemed withdrawn and any fees shall be forfeited.

8.

If approved, two (2) copies of the approved site plan shall be signed and dated by the ZONING ADMINISTRATOR and the applicant. One (1) copy shall be kept on file with the TOWN and one (1) copy shall be returned to the applicant or their designated representative. If the plan is approved with conditions, copies of the revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and the ZONING ADMINISTRATOR, prior to issuance of any permits.

C.

Final Plan Reviews. The ZONING ADMINISTRATOR shall perform final site plan review, as follows:

1.

Copies of a complete site plan and an electronic version, in a quantity and format specified by the ZONING ADMINISTRATOR, shall be submitted to the ZONING ADMINISTRATOR along with an application form made available for that purpose and a fee, as established by the TOWN COUNCIL.

2.

The ZONING ADMINISTRATOR shall review the site plan for completeness and notify the applicant of any deficiencies. If the plan is not complete, has not been revised to reflect conditions of approval from the PLANNING COMMISSION's review of the preliminary site plan, or is inconsistent in substance from the approved preliminary plan, it shall be returned to the applicant for revision without further review.

3.

Once the ZONING ADMINISTRATOR determines that the site plan is complete, he or she shall transmit the site plan for review and comment to SIPOA, any outside agency, department, entity, or consultant as he or she deems appropriate.

4.

The ZONING ADMINISTRATOR shall consider the site plan, along with the comments from all other reviewers, and shall either:

a.

Approve the site plan, as submitted, if all applicable requirements and standards have been met;

b.

Approve the plan with conditions; or

c.

Deny approval of the site plan if applicable requirements and standards have not been met.

5.

The ZONING ADMINISTRATOR's review shall be based on the requirements of this ordinance, technical design requirements for engineering, and the review standards of Section 14.6.

6.

If approved, two (2) copies of the final site plan shall be signed and dated by the ZONING ADMINISTRATOR and the applicant. One (1) copy shall be kept on file with the TOWN and one (1) copy shall be returned to the applicant or his or her designated representative. If the plan is approved with conditions, copies of the revised plan, including an electronic version, shall be submitted reflecting those conditions and signed by the applicant and the ZONING ADMINISTRATOR, prior to issuance of any permits.

A.

Required Content. Each site plan submitted shall contain the following information, as applicable:

B.

Information Waiver. Specific requirements of any required site plan may be waived by the respective reviewer, ZONING ADMINISTRATOR or PLANNING COMMISSION, as applicable, where it is determined that such information is not relevant to the subject request.

A site plan shall be approved only upon a finding of compliance with the following criteria:

A.

The site plan must comply with all standards of this article and all applicable requirements of this ordinance and all other applicable laws and regulations.

B.

The site must be designed in a manner that is harmonious, to the greatest extent possible, with the character of the surrounding area.

C.

The site must be designed to minimize hazards to adjacent property, and reduce the negative effects of traffic, noise, smoke, fumes, and glare to the maximum extent possible.

D.

Unless a more specific design standard is required by the TOWN through a different ordinance, all uses and STRUCTUREs subject to site plan review shall comply with the following design standards:

1.

Traffic Circulation. The number, location, size of access and entry points, and internal vehicular and pedestrian circulation routes shall be designed to promote safe and efficient access to and from the site, and circulation within the site. In reviewing traffic features, the number, spacing, and alignment of existing and proposed access points shall be considered relative to their impact on traffic movement on abutting streets and adjacent properties. Right-of-way recommendations for major streets, as contained in the TOWN's COMPREHENSIVE PLAN or comparable plan or study adopted by TOWN COUNCIL, shall be met and SETBACKs from such streets shall be measured accordingly.

2.

Stormwater. Stormwater detention and drainage systems shall be designed so that the removal of surface waters will not adversely affect neighboring properties or public stormwater drainage systems. Unless impractical, stormwater shall be removed from all roofs, canopies, and paved areas by underground surface drainage system.

3.

Landscaping. The landscape shall be preserved in its natural state, as far as practicable, by minimizing unnecessary tree and soil removal, and any GRADE changes shall be in keeping with the general appearance of neighboring developed areas. Provision or preservation of landscaping, BUFFERs or greenbelts may be required to ensure that the proposed uses will be adequately BUFFERed from one another and from surrounding property.

4.

Screening. Where non-RESIDENTIAL USEs abut RESIDENTIAL USEs, appropriate screening/BUFFERing shall be provided, in accordance with Article 11, to shield residential properties from noise, headlights, and glare.

5.

Lighting. Lighting shall be designed to minimize glare on adjacent properties and PUBLIC STREETs. As a condition of site plan approval, reduction of lighting during non-business hours may be required.

6.

UTILITY Service. All UTILITY service shall be underground, unless impractical and approved by the engineer designated by the TOWN.

7.

Exterior Uses. Exposed storage areas, machinery, heating and cooling units, service areas, LOADING areas, utility BUILDINGs and STRUCTUREs, and similar accessory areas shall be located to minimize the negative effect on adjacent properties, and shall be screened, if reasonably necessary, to ensure compatibility with surrounding properties.

8.

Emergency Access. All BUILDINGs and STRUCTUREs shall be readily accessible to emergency vehicles.

9.

Water and Sewer. Water and sewer installations shall comply with all TOWN specifications and requirements.

10.

Signs. Permitted signs shall be located to avoid creating distractions, obstructions, and visual clutter.

11.

BUILDING Design. New or SUBSTANTIALLY MODIFIED BUILDINGs shall be reasonably compatible in appearance with, or shall enhance, the established general character of other BUILDINGs in the immediate vicinity. Where no similar buildings exist within the immediate vicinity, the review authority may consider the design of similar buildings within the TOWN limits, or in vicinity of the TOWN limits. Notwithstanding the foregoing, the PLANNING COMMISSION may recommend, subject to approval by TOWN COUNCIL, the adoption of an architectural design guidelines manual for use within the TOWN. If adopted, all new or SUBSTANTIALLY MODIFIED BUILDINGS must satisfy the requirements of such guidelines.

12.

Construction Traffic. The applicant shall implement sufficient measures to protect existing neighborhoods, vehicular and pedestrian traffic, protected trees, vegetation, and CRITICAL AREAS from the potential impacts of construction traffic during development.

When deemed necessary, the review authority may impose reasonable conditions on any site plan approval to protect public health and safety, and to ensure compliance with the intent of this ordinance and the TOWN Code.

Changes to an approved site plan shall be permitted only under the following circumstances:

A.

The holder of an approved site plan shall notify the ZONING ADMINISTRATOR of any proposed change to the site plan.

B.

Changes to an administrative site plan may be approved by the ZONING ADMINISTRATOR.

C.

Minor changes to final site plans may be approved by the ZONING ADMINISTRATOR upon determining that the proposed revision(s) will not alter the basic design, nor any specified conditions imposed as part of the original approval. Minor changes shall include the following:

1.

Reduction in BUILDING size.

2.

Increase in BUILDING size up to five (5) percent of total approved GROSS or NET FLOOR AREA.

3.

Movement of BUILDINGs or other STRUCTUREs by no more than 10 feet.

4.

Modification to the PARKING LOT layout; provided, the number of approved spaces is not reduced below the minimum required by this ordinance.

5.

Replacement of plant material specified in the landscape plan with comparable materials of an equal or greater size.

6.

Changes in BUILDING materials to a comparable or higher quality.

7.

Changes in floor plans which do not alter the character of the use.

8.

Changes required or requested by a TOWN, county, state, or federal regulatory agency to conform to other laws or regulations.

D.

A proposed change to a preliminary or final site plan, not determined by the ZONING ADMINISTRATOR to be a minor change, shall be submitted to the PLANNING COMMISSION as a site plan amendment and shall be reviewed in the same manner as the original application.

E.

Any requested change to the conditions of approval adopted by the PLANNING COMMISSION shall be subject to review by the PLANNING COMMISSION and those imposed by the ZONING ADMINISTRATOR shall be subject to review by the ZONING ADMINISTRATOR.

Time limits for construction for any approved site plan shall be in accordance with the vested rights provisions of Section 1.6 of this ordinance.

Any PERSON having a special interest in a decision relating to the approval or denial of a site plan or the conditions imposed shall have the right to appeal the decision of the ZONING ADMINISTRATOR to the PLANNING COMMISSION. An appeal of a PLANNING COMMISSION decision shall be made to the circuit court. An appeal of any decision shall be filed within 30 days from the date the appealing party has received actual notice of the action from which the appeal is taken.