The purpose of this article is to promote the orderly development of land within the town by ensuring: (a) that land development occurs consistent with the comprehensive plan and development policies of the town; (b) that specific development projects are compatible with the surrounding environment; (c) that each project is planned with adequate circulation and infrastructure; and (d) that development and use of land gives high priority to preserving the community's valuable natural resources.

(Ord. of 12-11-00)

The requirements for site plan submissions and reviews are grouped into three levels according to the complexity of the project, the procedures involved and the actions necessary for approval. The review requirements established in this article do not exempt an applicant from complying with other requirements of this chapter or other town ordinances. Prior to the issuance of a building permit, a site plan shall be submitted and approved by one of the types of reviews described below according to the class or type of project proposed by the plan.

(1)

Level one, administrative review. Site plans for the following classes of projects may be reviewed and approved by the zoning administrator upon finding that the plans are in conformity with applicable regulations.

a.

Single-family dwelling. Single-family dwellings are exempt from the site plan requirements unless (a) a variance is required by the board of zoning appeals to alleviate an undue hardship related to conditions on the property or (b) a special exception use or conditional zoning is required to be approved by the town council.

b.

Small nonresidential projects. A nonresidential building or structure that has a gross floor area of not more than 1,000 square feet, involves disturbing not more than 2,500 square feet of land and requires no additional curb cuts for access to a public street.

(2)

Level two, review by site plan committee. This level involves the site plans for any project that requires neither changes in the zoning, nor special exception permit but the proposed development involves multiple uses and/or complex issues that are best addressed by technical review.

A site plan committee is hereby authorized to be established whose members shall be appointed by the town manager. The purpose of the site plan committee is to serve in a technical advisory role to the zoning administrator in the administration of this article. The members of such committee shall consist of representatives of departments responsible for management and operation of facilities. The zoning administrator shall serve as the committee's secretary.

The site plan committee shall review site plans in the following cases and recommend to the zoning administrator whether a project should be approved as submitted, approved with changes, or disapproved. The zoning administrator is authorized to make final approval of projects of this type after taking into consideration the recommendations of the site plan committee. Projects included in this class are:

a.

Residential projects involving multiple-family dwellings, townhouses or duplexes.

b.

Commercial uses with buildings having a gross floor area of more than 1,000 square feet, requiring the disturbance of more than 2,500 square feet of land, or requiring additional curb cuts for access to a public street.

c.

Industrial or manufacturing projects.

d.

Institutional projects such as governmental use, church, club or medical facility.

e.

Any project that involves multiple buildings.

f.

Any project that requires a new curb cut for street access.

g.

Construction in a floodzone. Any structure or use, including uses otherwise exempted, proposed to be constructed in the 100-year flood zone as established by the Federal Emergency Management Agency (FEMA).

(3)

Level three, review by planning commission and town council. Applications for changes in zoning or special exception uses require approval by the town council. Because these actions result in policy changes, they require public hearings with notice as required by the state code reports as well as recommendations from the planning commission. The zoning administrator may require that a plan of development be submitted with an application for a change in zoning or a special use permit showing the owner's proposal for developing the property. Following approval of a zoning change or special exception use by the town council, a site plan based on an approved plan of development shall be submitted for review to the zoning administrator, and in appropriate cases, the site plan committee. The following uses are subject to this level of review:

a.

Planned unit development.

b.

Manufactured home park.

c.

Special exception uses.

d.

Any use involving conditional zoning with proffered conditions.

(Ord. of 12-11-00)

Unless a site plan is based on, or included in, a plan of development approved as part of an action by the town council, the applicant should schedule a preapplication conference with the zoning administrator for the purpose of discussing the proposed development. At this time the applicant may present a preliminary sketch in order to permit the zoning administrator to advise the applicant whether the proposed plan is, in general, in accordance with the requirements of this chapter and other development ordinances of the town. Upon submission of the preliminary sketch, the zoning administrator shall study it and advise the applicant wherein changes, if any, should be made in order to comply with the regulations. If the proposed development requires review by the site plan committee, planning commission or town council, the zoning administrator shall so advise the applicant of the procedures to be followed and documentation to be submitted.

(Ord. of 12-11-00)

After the preapplication conference with the zoning administrator, an applicant may submit an application for site plan approval using one of the three procedures outlined in Table 10.1. Data to be included with a preliminary site plan or a final site plan may be waived by the zoning administrator for small projects when in the administrator's opinion such data are not relevant to the evaluation of the project.

(Ord. of 12-11-00)

An application for approval of any development or use of land requiring a site plan under this chapter shall be accompanied by a preliminary site plan or a plan of development. Based upon an approved preliminary site plan or plan of development that meets preliminary site plan requirements, the applicant shall submit a final site plan for approval prior to commencement of construction. Unless specific items are waived by the zoning administrator, site plans shall conform to the following requirements.*

* This list envisions large projects. For most small projects, most of these requirements could be waived by the zoning administrator. The objective is to require enough information to evaluate the proposal but not to load an owner down with impossible requirements.

(1)

Preliminary site plans.

a.

The preliminary site plan shall show the following items:

1.

The proposed title of the project and the developer's name and the name of the person or firm who prepared the plan.

2.

A map of the subject property not smaller than one inch equals 200 feet showing the boundaries of the property involved, the proposed locations of all existing easements, property lines, existing streets, waterways, and other physical features in or adjoining the project that are relevant to the proposed development.

3.

North point, scale, and date.

4.

Topography of the project area with a minimum contour interval of two feet.

5.

The approximate location and sizes of sanitary sewers and/or water mains including fire hydrants, existing or planned, in or near the project.

6.

The location and character of proposed construction including streets, driveways, parking and loading areas, existing and approved curb cuts, entrances and exits, and other significant features.

7.

In the event the property is proposed to be subdivided, the general locations of proposed lots, setback lines, and easements.

8.

The location with respect to each other and to lot lines and approximate height of all proposed buildings and structures; the locations and footprints of buildings shall be drawn to scale but full dimensioning is not required on the preliminary site plan.

9.

Location and dimensions of all areas of proposed land disturbance.

10.

General location, height, and materials of all fences, walls, screen plantings, and landscaping, waste receptacles, when to be used on the site. Waste receptacles shall be screened and method of screening shall also be shown.

11.

General location, character, size and height and orientation of proposed signs.

12.

For multi-family residential projects, a tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre.

13.

A vicinity map at a scale of not less than one inch equals 2,000 feet.

14.

Existing zoning classification(s) including, if applicable, the approximate limit of the 100-year floodplain.

15.

Documentation of all existing permits including applications for rezoning, special use and conditional use permits; and zoning variances.

16.

Any additional information required by the zoning administrator necessary to evaluate the character and the impact of the proposed project.

17.

Fire lanes as required by the fire marshal.

b.

If a project requires the submission of a plan of development, such plan [shall] be substituted for the preliminary site plan provided it meets all of the requirements of a preliminary site plan.

c.

A preliminary site plan may be prepared by the owner of the land proposed to be developed, or any professional architect, engineer, land surveyor, land planner, landscape architect or other professional having training or experience in land planning or design.

(2)

Final site plans. After receiving approval of the preliminary site plan, the applicant may submit three copies of the final site plan to the zoning administrator. Final site plans shall comply with all laws, regulations and ordinances governing the approval of developments and in addition shall show the following information where applicable:

a.

All features required on the preliminary site plan with accurate dimensions and construction specifications to support the issuance of construction permits.

b.

Existing and proposed streets, service driveways, rights-of-way, and easements, with their names, numbers, and widths; center line curve data, typical street sections; and any other data to conform to current standards.

c.

Lot lines, lot numbers, total area, and appropriate project data as applicable.

d.

If the land is to be developed in sections, stages or phases, such sections shall be clearly indicated and data furnished as to the order and timing of their development; a table showing the total acreage devoted to each land use classification in each section.

e.

Identification of all off-street parking areas, common parking lots, loading spaces; a schedule showing the number, type and location of parking spaces; walkways and construction details regarding size, surface, materials; fences, retaining walls, screening or buffer zones; and location of street signs and similar site improvements.

f.

A proposed finish grade plan and a drainage plan in accordance with chapter 72, Stormwater Management Plan.

g.

A utility plan identifying the location, type and size of existing and proposed improvements and easements for the system; sizes, connections, valves, hydrants, and similar appurtenances; street lights, trash containers, maintenance buildings, and central television antenna service; and similar utility service characteristics.

h.

The identification and description of any open space and common area, types of improvements and a timetable for their construction, schedule of areas by section, provision for operation and maintenance, and the overall description of the responsibilities of any association, in addition to the methods for protecting the common area from any further development. A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance and operation of all open space areas.

i.

Existing topography with such contour intervals approved by the zoning administrator. Spot elevations shall be given where necessary to document unusual topography.

j.

Distances and bearings must close with an accuracy of not less than one in 10,000.

k.

When a development is to be constructed in stages, the site plan shall include a development schedule showing the order of development of each stage and an estimated completion date of each stage.

l.

For residential projects, tabular data that sets forth the following when such data are applicable to a given plan of development:

1.

The total number and type of dwelling units.

2.

Residential density in units per acre.

3.

The total area in open space.

4.

The total area in developed recreational open space.

5.

The total number of off-street parking and loading spaces.

6.

The total area in nonresidential use.

7.

A maintenance agreement, owners' association documents or other documentation deemed necessary to ensure proper maintenance of common areas.

Table 10.1
Alternate Procedures for Processing a Preliminary Site Plan

(Ord. of 12-11-00)

Any amendment or change of substance in an approved site plan shall be subject to the same procedures as required for a new site plan application, provided that minor modifications to an approved site plan may be authorized by the zoning administrator when such modifications do not:

(1)

Alter the boundaries of the property significantly;

(2)

Conflict with specific requirements of this chapter or specific conditions of the approved site plan;

(3)

Decrease the width or depth of any yard, setback or buffer areas;

(4)

Alter points of access to the property or the internal arrangement of site plan elements significantly;

(5)

Have an adverse effect on surrounding properties;

(6)

Increase the stormwater runoff; or

(7)

Relocate any water, sewer stormwater facility.

Any deviation that alters the character of the approved preliminary site plan, such as the elimination of any use shown on the preliminary site plan or an increase or decrease in the density of the development, shall require resubmitting the preliminary site plan in accordance with the procedures contained in this chapter.

(Ord. of 12-11-00)

In cases where a final site plan approved under this article is for a planned residential development, or other project involving the subdivision of land, it is the intent of this article that an approved final site plan shall have the standing of an approved preliminary subdivision plat under the subdivision ordinance. Thereafter all applicable requirements of the subdivision ordinance including guarantees of completion shall apply.

(Ord. of 12-11-00)

(a)

Extensions during site plan review. The zoning administrator may, on written request by the applicant, grant a reasonable extension of the time limit set for the applicant to respond to comments made regarding any part of the site plan approval process.

(b)

Extensions following approval of final site plan. Approval of a site plan submitted under the provisions of this article shall expire one year after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single-year extension may be given upon written request by the applicant to the zoning administrator made within 90 days before the expiration of the approved site plan. The zoning administrator shall acknowledge the request and shall make a decision regarding the requested extension within 30 days after receipt of the request.

(Ord. of 12-11-00)

The applicant shall have not more than three months after receiving official notification concerning the preliminary site plan to file a final site plan with the zoning administrator in accordance with this chapter. Failure of the applicant to file a final site plan within such designated period shall invalidate the preliminary approval; provided however, that the zoning administrator may, on written request by the applicant, grant an extension of this time limit of not more than three months.

(Ord. of 12-11-00)

No permit shall be issued for any building or structure in any area covered by a final site plan that is required to be approved under this article except in conformity with the approved final site plan. Permits issued under an approved final site plan may be revoked by the zoning administrator for failure to comply with the approved final site plan, the conditions attached thereto, or other applicable regulations.

(Ord. of 12-11-00)