This article of the City of Watertown Code of Ordinances, providing for the administration and enforcement of site plans, shall be known and may be cited and referred to as the Site Plan Ordinance of the City of Watertown, MN.

(Ord. No. 231, 6-11-02)

It is hereby declared to be the policy of the city to consider the development of multi-family, commercial, public, and industrial projects to be subject to the control of the city pursuant to the comprehensive plan of the city for the orderly, planned, efficient and economical development of the city.

Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace.

Public improvements shall conform to and be properly related to the comprehensive plan, official map, and the capital budget and program of the city, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the building code, zoning ordinance, the comprehensive plan, official map, and capital budget of the city.

(Ord. No. 231, 6-11-02)

(a)

Site plan approval shall be required prior to the issuance of a building permit for the construction of any building or intensification of any building or use within the jurisdictional limits of the city with the following exceptions:

Construction or alteration of a principal or accessory building on a lot zoned for residential use.

(b)

Site plan approval shall be required for all conditional uses.

(c)

A site plan, consistent with the requirements as outlined in this article, shall be required for all commercial, industrial, and non-single and two family dwellings in residential zoning districts when new construction, expansion of existing structures, or modification of existing structures or improvements is proposed.

(d)

No building permit for any structure or development within any district within which a site plan is required shall be issued until said site plan has been approved by the city council.

(e)

The lawful use of property in which a site plan has been approved at the time of enactment of this article may be continued although such site may not conform to the regulations herein. For those properties approved before the adoption of these regulations, such property shall be classified as "permitted non-conforming". No permit shall be issued for any site development after the effective date of and not in substantial conformity with the provisions of these regulations. Nor shall any development requiring an approved site plan, except as herein specified, be substantially improved, converted, enlarged, or otherwise altered without conforming to the provisions of these regulations.

(Ord. No. 231, 6-11-02)

State Law reference— Buildings and building regulations, ch. 14.

(a)

All site plan approvals shall expire and terminate 90 days after the date of such approval unless a building permit has been issued for the construction provided for in the site plan.

(b)

Except as provided below, if the owner or developer of property for which a site plan has been approved determines that an extension of time is necessary in the development schedule, or that a significant modification of the site plan would provide for a more appropriate or more practical development of the site, the owner or developer may apply for an amendment of the site plan. Any such modifications or development schedule extensions shall be reviewed by the planning commission and approved by the city council.

(Ord. No. 231, 6-11-02)

(a)

In the case of minor modifications of the site plan or development schedule, the city planner may give approval if the decision does not modify the overall theme of the development, affect public safety, or result in the reduction of any minimum standard as provided in this zoning chapter. Minor modifications may include the following:

(1)

Lighting location and fixture type;

(2)

Location, height, and style of fences and walls;

(3)

Location of trash enclosures;

(4)

Location and size of building signs and monument signs;

(5)

Location and construction of on-site sidewalks, except on city right-of-way;

(6)

Location, type, and size of plantings, provided the modification would have the same effective cover and screening;

(7)

Location and construction of accessory buildings of less than 400 square feet in area;

(8)

Location and construction of accessory structures;

(9)

Reconfiguration of architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme; and

(10)

Minor relocation or addition of driveways or parking spaces.

(b)

Nothing contained herein shall be construed to allow the city planner to vary the provisions of any statute, ordinance, city policy, or previous directives of the city council. The planner shall have the discretion to refer any minor modification requests to the planning commission for its review.

(c)

Any modification that is deemed by the city planner not to be a minor modification shall be required to present plans for review in accordance with the regulations prescribed herein.

(Ord. No. 231, 6-11-02)

If the city planner finds that any construction, proposed construction or occupancy of a development on a property for which a site plan has been approved does not substantially comply with the site plan as approved, or that the construction and development of the property is not being carried out in accordance with the development schedule filed with the site plan, the city planner may suspend all building permits for the development and order all construction stopped until such time as the owner or developer of the project, or the successors in interest, shall provide satisfactory proof that the site plan and schedule of development will be complied with.

(Ord. No. 231, 6-11-02)

(a)

Certificate of occupancy. A certificate of occupancy will be granted upon completion of new construction or completion of alterations or additions to existing structures. No certificate of occupancy shall be issued until such time as all site improvements and building construction is completed in compliance with all provisions identified on the approved development plan and within all applicable building codes.

(b)

Temporary certificates of occupancy.

(1)

Temporary certificate of occupancy may be issued prior to completion of the project if, in the opinion of the city planner or building official, the remaining items could not be completed due to circumstances beyond the applicants control and the issuance of a temporary certificate of occupancy will not inhibit the completion of the total project, nor have an adverse effect on persons in the immediate area or nearby properties, or affect the safety of the occupants.

(2)

The applicant will be required to sign an agreement to complete and post sufficient security to complete the remaining items. The security will be returned to the applicant with the issuance of the final certificate of occupancy. The agreement to complete shall be approved by the city council.

(Ord. No. 231, 6-11-02)

(a)

Applicants shall prepare for review with the planning commission, city engineer, city planner and others a site plan.

(b)

The site shall be developed to maximum existing conditions, (including but not limited to vegetation, topography, etc.), minimize adverse impacts to adjacent properties, while enhancing pedestrian and vehicular access and creating an aesthetically pleasing and attractive environment.

Prior to the submission of a site plan application, a pre-application review meeting shall be scheduled with the city planner. The purpose of the pre-application review meeting is to begin identifying issues, communicate development requirements, and point out possible future difficulties. This evaluation is preliminary in nature and shall not be considered an intention to approve or deny any particular project and is not intended to be inclusive of the comments but only to identify major areas of concern or issues to be considered. The city reserves the right to supplement additional comments that may be generated during the formal review of the application.

(1)

Application submittal. Application for site plan review shall be made to the city planner on forms provided by the city. The application shall include:

a.

Evidence of ownership or interest in the property;

b.

Application fee as determined from time to time by the city council;

c.

Completed application forms. Such forms shall require sufficient information necessary to fully review a development application;

d.

Eight folded copies of each plan set, signed by a registered architect, civil engineer, landscape architect or other licensed design professional as approved by the city.

(2)

Incomplete submittals. If all required submittal items are not provided, the application will be deemed invalid and such submittal will be returned to the applicant as incomplete. The city will retain no record of the submittal if returned to the applicant as incomplete.

(3)

Waiver of requirements. The city planner may find that unusual characteristics of an application make it unnecessary for the applicant to submit all of the information for an application required by this article. In such cases, the city planner may waive or reduce the requirements if it is also found that the absence of such information will not inhibit the city's ability to evaluate the compliance of the proposed site development with the standards of this article and any other requirements of this Code.

(4)

City review. The city planner shall immediately refer a copy of the site plan to the city engineer, public works director, water plant operator and fire chief. Each department shall review the plan and may confer with the planner on changes deemed advisable as to its compliance with the ordinances of the city, its effect upon public utilities, streets, property, safety, and general welfare and submit findings as soon as possible. The city planner shall forward comments to the applicant for inclusion in revised plan sets. The city planner shall forward the site plan and city staff report to the planning commission.

(5)

Consultant review. The city may retain outside consultants in the review of development proposals.

(6)

Planning commission review. The planning commission shall make a recommendation on the site plan to the city council. The planning commission may recommend approval, approval subject to conditions or that the site plan be denied. If denial is recommended, the reasons for that recommendation shall be stated in the record.

(7)

City council review.

a.

The city council shall, upon receipt of the recommendations of the planning commission, either approve, approve with conditions, or disapprove the site plan of the proposed development

b.

Upon final action by the city council on any site plan, five copies consistent with the city council's approval shall be provided and stamped approved by the city planner and kept on file. One copy of the approved site plan shall be returned to the applicant.

(Ord. No. 231, 6-11-02)

The developer shall furnish the city with a letter of credit from a bank or cash escrow equal to 100 percent of the estimated cost to complete the landscaping improvements.

(Ord. No. 231, 6-11-02)

Approval of a site plan submitted under this article shall expire one year after the date of approval unless construction has commenced in accordance with the plan.

(Ord. No. 231, 6-11-02)

Each development application shall include the appropriate fees. Fees shall be in an amount determined by the city council from time to time.

In addition to the application fee, the applicant for development plan review must also pay all costs incurred by the city including city staff time, legal, engineering, administrative, building inspection services, and services of other persons or entities employed or contracted by the city for, or in any way involved in, the review and inspection of the development plan and public utility extensions contemplated thereby, including but not limited to streets, sidewalks, trails, water lines, sanitary sewer lines, storm sewer lines, street lights, electric and gas lines, water retention areas and all other improvements intended for public use or benefit constructed or caused to be constructed by the owner and under no condition shall the fee be refunded for the failure of the city to approve the development plan. All charges incurred for this review shall be the sole responsibility of the applicant.

(Ord. No. 231, 6-11-02; Ord. No. 333, § 1, 2-24-09)

(a)

Failure to maintain a site in accordance with an approved site plan shall constitute a violation of this article and a failure to correct such a violation within 30 days following written notice of said violation shall render the site plan and any certificates of zoning compliance and occupancy subject to cancellation.

(b)

Failure to acquire site plan or site plan amendment approval where required, prior to construction, alteration, or otherwise modification of a building, sign, or structure, shall constitute a violation of this article and a failure to correct such a violation within 30 days following written notice of said violation shall render the site plan and any certificates of occupancy subject to cancellation. In addition, the building official shall post a stop work order relating to work in the process of completion outside the requirements of the ordinance.

(Ord. No. 231, 6-11-02)