A permit for construction or alteration of any multifamily residential or nonresidential use which results in the change of a building footprint or the use of which would require any inspection of any real property within the jurisdiction of the Town of Somerville will not be considered until a site plan is submitted, reviewed, and approved by the design review commission, the planning commission, and/or the board of zoning appeals in conformance with all applicable requirements. Single-family residential dwellings, duplexes, and their accessory buildings, and signs not requiring inspections shall not be required to submit a formal site plan; however, a sketch of the projected use, illustrating conformance with all lot standards, shall be required. The applicant may choose to submit application for any other related permits necessary to begin the anticipated project simultaneously, and all permits may proceed concurrently within the various permitting departments. If several permits are concurrently submitted, the various departments will determine if all applications can be considered simultaneously, or if the approval process requires any particular order of consideration.

Prior to preparing a site plan, a pre-application conference should be held with the Somerville town representative, as appointed by the city administrator, to review design guidelines, preliminary design proposals, and prepare to customize the site plan according to anticipated requirements of appropriate adjudicating authorities. It may also be advisable to conduct a portion of the pre-application conference on site to address specific concerns. In certain cases, the Somerville town representative may recommend that some or all portions of the site plan be modified, reduced, or not required, depending on the scope of the action considered.

The site plan must represent the character and objectives of the proposed project to the design review commission and/or the planning commission in adequate detail for evaluation of the effects the proposed project would have on the subject property and surrounding area. The burden of proof shall rest with the applicant to provide the evidence required to show the site plan meets all standards to be assessed by the design review commission and/or planning commission. Submitted site plans that lack pertinent data will result in unnecessary delays as the applicant makes modifications necessary for adequate review. All plans, architectural drawings, renderings, photographs, reports, or other documents, materials, or visual aids submitted at any point during the application and approval process will become part of the permanent record of any decision and will not be returned, unless special circumstances are deemed appropriate and at the sole discretion of the design review commission and/or the planning commission.

The site plan should exhibit the following existing conditions:

(1)

Scale, date, orientation, title of the project, and a vicinity map showing the location of the proposed project.

(2)

Boundaries, dimensions, and acreage of the proposed project, along with identity of the map and parcel number of the subject property and a metes and bounds description of the property or acceptable plat.

(3)

Location and dimensions of roads, easements, utilities, watercourses, drains, 100-year floodplain, and any other pertinent features or information pertaining to the subject property and nearby that should be considered and may be required by the planning department representative.

(4)

A complete census of trees on the affected area showing the location, species, and diameter at breast height (DBH) of all trees with a DBH greater than or equal to eight inches. In certain cases, a census may be waived or modified, depending on local conditions as determined by the planning department representative.

The site plan should exhibit the following proposed conditions:

(1)

The footprint, floor plans, finished floor elevations expressed in feet above mean sea level, location, dimensions, and height of the proposed main and accessory buildings, their relation to each other and property boundaries, and to any existing structures to remain on site. If the property is within or near the 100-year floodplain, the floodplain and/or floodway should be clearly shown on the site plan, along with a precise measurement of the foundation and finished floor elevations of all proposed structures and proposed cut or fill area elevations and resulting contours using two-foot contour interval representation for any area that could be affected by the floodplain or floodway.

(2)

The ingress, egress, and internal circulation pattern for both vehicular and pedestrian traffic, including the location and dimensions of all existing and proposed streets, drives, paths and walkways, and the location, size, and number of parking spaces and the identification, location, and dimensions of service islands, service parking, and loading zones.

(3)

Complete utilities proposal showing specific needs, locations and dimensions.

(4)

Total project density for residential projects or building floor area by the use intended for commercial and industrial projects.

(5)

Location, dimensions, and calculated area for all landscaping, open areas, and impermeable surface areas, including detailed summary of all landscaping materials and plants.

(6)

Size, location, orientation, materials, and graphic portrayal of all signage.

(7)

Location, size, height and detailed description of all exterior lighting.

(8)

Location, dimensions, and calculated area of all trash collection areas.

(9)

Architectural drawing showing the elevations of all proposed activities, including, but not limited to, all superstructures and units on the roof or above the roofline, projections from walls, mechanical units, etc.

(10)

Exterior materials to be used shall be identified by type, location, texture, and color, with samples of each made available upon request by the planning department representative.

(11)

The location, dimensions, and type of screening for all mechanical units, utility services, etc.

(12)

Identification of additional roadway needs, including improvements necessary to adequately access and service the site. If deemed necessary, a transportation impact study may be required to be conducted, at the applicant's expense, to identify the traffic impacts and challenges that are likely to be generated by the proposed activity and to identify all improvements required to insure safe ingress and egress for the proposed project, elimination of hazards, and the maintenance of adequate street capacities.

(13)

If the project is scheduled to be completed in phases, the phases will be identified showing portrayal of activities and anticipated progress for each phase and a projected time frame for each anticipated phase.

(14)

A copy of the storm water protection plan (SWPP) and all other government related permits and requirements shall accompany the site plan, if applicable. If a SWPP, or other environmental related permit is not required for the project, Somerville may require specific drainage information, along with erosion control methodology and mitigation, if deemed necessary by the Somerville planning representative.

(1)

Four copies of the site plan shall be submitted to the Town of Somerville, department of planning. The site plan should be completed on letter-size paper with accompanying drawings as needed. Drawings should be exhibited on sheets no larger than 24 inches by 36 inches using a standard engineering scale as large as practical. Names, addresses, phone numbers, fax numbers, email addresses, etc. should be included for all owners, applicants, developers, designers, etc. The filing of a site plan for approval constitutes an agreement with the owner, applicant, successors and assigns, that if the site plan is approved, subject property will remain in conformance with the approved site plan.

(2)

The design review commission shall adjudicate all site plans for nonresidential properties, multifamily residential properties, and nonresidential developments. Dissatisfied or unsuccessful applicants may appeal decisions made by the design review commission to the Town of Somerville Board of Mayor and Aldermen. The design review commission may impose conditions deemed necessary to meet the spirit and intent of the design review guidelines. In those instances where those conditions deemed necessary involve minimum requirements or standards set by the zoning ordinance, the conditions may be more restrictive than the minimum requirement or standard, but they may not be used as a substitute for a variance, or otherwise as a method of implementing standards that are less restrictive than those required by the zoning ordinance. These conditions may include, but are not limited to:

A.

Performance standards.

B.

Height or elevation limitations.

C.

Minimum setbacks, open space, landscape area, or landscaping requirements.

D.

Parking and loading requirements.

E.

Signage requirements.

F.

Architectural design requirements.

(3)

The planning commission shall be the adjudicating authority for all site plans submitted for consideration of single and two-family residential projects.

(1)

Upon final approval of the site plan, four sets of the approved site plans will be stamped with the certificate of approval and signed by an authorized Somerville representative. One set will be returned to the applicant. Following approval of the site plan, but prior to the issuance of a building permit or use and occupancy permit, as may be applicable, the applicant shall sign a project development contract committing to completion of the proposed project in accordance with the approved plan and other permits, submit to Somerville a proper performance guarantee if required, and pay all development fees. It is preferable that the applicant's copy of the approved site plan be maintained on site during construction; however, it is recognized that circumstances may make this request impractical. Regardless, the applicant must maintain a copy of the approved site plan to insure that a copy of the site plan can be produced on site within 24 hours upon request. Failure to produce a copy of the site plan within 24 hours of a request shall be considered a violation.

(2)

Following the completion of any approved construction or modification, the properties shall be maintained to reflect the provisions of the approved site plan and shall include, but are not limited to:

A.

Buildings, appurtenances, and other features including signs and awnings shall be cleaned, painted, and repaired as necessary to maintain the spirit and intent of the site plan;

B.

Illuminated elements of the property shall be replaced as required; and

C.

All properties shall be kept free from debris, refuse, and clutter and shall have the vegetation pruned and cut appropriately to maintain the desired effects as required within the approved site plan.

(3)

Certification shall be required from the owner and trustee of the mortgage and shall serve as the commitment by the owner that the site shall be developed as shown on the approved site plan. Upon such certification by the owner, the approved site plan shall be recorded by the owner with the Fayette County Register's Office and shall regulate the development of the subject parcel. If, during the process of construction, the building inspector notes variations from the approved site plan, he shall promptly notify the owner in writing of these variations and shall direct that the variations be corrected within a specified period. If, after proper notice by the building inspector, the owner has not complied with the provisions of the approved site plan, the building inspector shall have the authority to cite the owner to municipal court for violation of this chapter.

(4)

The building inspector shall have the authority to authorize minor revisions to the approved site plan during the process of construction if, in his opinion, the revisions do not substantially alter the nature of the approved site plan, subject to the written concurrence of the planning director.

(5)

Where public improvements are required as a part of site plan approval, the developer shall enter into a development contract with the Town of Somerville for all required improvements. Such contracts shall be as provided for in the Somerville subdivision regulations and other technical specifications and shall be approved by the board of mayor and aldermen. All development contracts shall cover 100 percent of the required public improvements by the developer and shall include a surety bond or irrevocable letter of credit for such public improvements.