(a)

Filing of an application.

(1)

Preapplication conference.

a.

An applicant for a change in zoning is encouraged to request a preapplication conference with a town official or the town planner prior to formal application.

b.

At the preapplication conference, the applicant should present a draft concept plan with as much detail as possible.

c.

Based on the information presented, the town representative will provide initial comments concerning the merits of the proposed development and inform the applicant of any additional requirements for preparation of the formal zoning application.

(2)

Application requirements. No application shall be reviewed which is not complete and accompanied by the payment of fees as established in the UDC or other ordinances of the town. All applications shall be filed with the town on forms available in the town offices.

(3)

Timing. Applications for rezoning and plan approvals shall be submitted at least one month prior to the first scheduled hearing date. Special exception and variance applications shall be submitted at least two weeks prior to the first scheduled hearing date. The board may permit exceptions to the timing requirement by scheduling an earlier hearing date.

(b)

Submission of plans.

(1)

Preparation. All plans submitted pursuant to the Unified Development Code shall be prepared by a registered architect, engineer, landscape architect, or certified town planner.

(2)

Quantity required. The applicant shall submit the following quantities of submittals as may be required, or as proposed in support of an application, in order to provide for adequate review of the application:

a.

Six copies of all plans, elevations and other drawings that form the submittal.

b.

Six copies of the application form and 8½ inches by 11 inches photographic reduction of the drawings.

c.

Six copies of the development schedule, preliminary service plan, draft development agreement and any other supporting material.

d.

Two copies of the geotechnical report.

(UDC 1994, art. XII, § 1)

Approval of a concept plan shall be required in connection with any request for zoning unless that zoning request is at the initiation of the town. All subsequent site plans shall be in conformity with the approved concept plan.

(UDC 1994, art. XII, § 2)

(a)

Applicability. Concept plans shall comprise part of the zoning on the site, and changes to concept plans shall constitute a change in zoning. If, in the opinion of the town planner, a site plan does not conform to the concept plan approved by the board, the applicant shall either seek approval of a revised concept plan (through rezoning) or submit a revised site plan.

(b)

Purpose. The purpose of a concept plan is to provide the town with the information and data that is necessary to assess the merits of the development, to properly plan for services in the town, and to ensure that developments are consistent with the Comprehensive Plan, Thoroughfare Plan and Open Space Plan.

(c)

Concept plan content.

(1)

Generally. All plans must include date, appropriate engineering scale, north arrow, vicinity map, and the names, addresses and telephone numbers of both the property owner and the individuals preparing the plans.

(2)

Site features. The site analysis shall be prepared on a topography base map with not less than five-foot contour intervals, and must describe existing natural features and physical improvements by including the following items:

(3)

Concept plan. The concept plan shall include the following:

a.

A metes and bounds description of the overall tract.

b.

Conceptual representation of proposed use and generalized representation of proposed improvements.

c.

Identification of all areas to be dedicated to the township or to have public easements, such as roadways, open space and drainage areas.

d.

Location of all proposed screening between the site and adjacent property.

e.

Indication of each phase of development if separate phases are proposed.

f.

The location of collector roadways proposed in the development, right-of-way widths, and the location of collector access points to abutting streets and highways.

(d)

Other materials. Other material which may be submitted in support of the application shall be as follows:

(1)

Draft development agreement and any covenants, conditions, restrictions and agreements which govern the construction, use, maintenance and operation of roadways, parks, open space, drainage areas and facilities.

(2)

A preliminary geotechnical report that addresses soil, subsurface and slope conditions that may affect development.

(3)

Traffic study showing the project's impact on roadway and intersection capacity.

(4)

A development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the board, shall become part of the development plan and shall be adhered to by the owner, developer, and his/her successors in interest.

(UDC 1994, art. XII, § 3)

(a)

Applicability. Site plans are required for all developments except individual single-family lots and GU zoned property. Development of GU zoned property must be approved by town council. Required site plans shall be accompanied by a proposed development schedule. No development may occur, or building permit be approved on a site which does not conform to the approved site plan. Site plans shall be approved by the town council, upon recommendation by the planning and zoning commission, and shall be considered part of the zoning requirements for that site. A change to the site plan shall be considered a change in zoning.

(b)

Purpose. The purpose of a site plan is to ensure that all provisions of the Unified Development Code are adhered to; that sensitive environmental issues such as slopes and vegetation are accommodated; and that services and facilities necessary to support the proposed development will be available on an appropriate time schedule.

(c)

Generally.

(1)

No construction or development within a district that requires a site plan may commence, and no building permit may be issued unless the board of aldermen has approved a site plan upon recommendation of the planning and zoning commission.

(2)

Where a concept plan has been approved as part of the zoning, all site plans must be in conformity with that approved concept plan.

(3)

No public notification is required for consideration of a site plan, or amendment, beyond posting as an agenda item for the planning and zoning commission and board of aldermen. This provision does not apply to PD site plans.

(d)

Site plan content.

(1)

Size. Required site plans shall be prepared on a standard sheet size of 30 inches by 42 inches or 24 inches by 36 inches, and at an engineering scale of one inch equals 50 feet or larger. Required site plans shall be prepared by a registered engineer, architect or landscape architect. The required site plan may be submitted on one or more sheets.

(2)

General information required.

a.

North arrow;

b.

Total site acreage;

c.

Submission date;

d.

Scale (written and graphic);

e.

Vicinity map;

f.

Names, addresses and telephone numbers of designer, engineer, developer and owner;

g.

Accurate survey of the boundaries of the site with the location of proposed land uses;

h.

Adjacent subdivision names and property lines; and

i.

Adjacent land uses and structures.

(3)

Structures.

a.

Location, dimensions and use of all existing facilities and proposed building sites;

b.

Setback and separation distances between building sites;

c.

Proposed construction type and facade materials for all nonresidential buildings (the commission may require elevations and perspective drawings);

d.

Proposed density of each use;

e.

Proposed location of screening along the collector roadways shown on the Thoroughfare Plan.

(4)

Streets and sidewalks.

a.

Location and width of all rights-of-way and easements;

b.

Location and dimensions of all pavement and curbing;

c.

Location and width of all sidewalks;

d.

Location and width of all ingress/egress points;

e.

Location and width of all medians and median breaks; and

f.

Location of any special traffic regulation facilities.

(5)

Off-street parking and loading areas.

a.

Number, location and dimension of spaces;

b.

Type of surface material of parking facility;

c.

Dimension of aisles, driveways, maneuvering areas and curb return radii;

d.

Distance between spaces and adjacent rights-of-way;

e.

Location of all existing and proposed fire lanes and hydrants; and

f.

Proposed lighting diagram is required if not in accordance with article V of this chapter, parking and loading standards.

(6)

Landscaping.

a.

Location and size of major tree groupings and existing hardwood trees greater than eight-inch caliper, noting whether they are to be removed or retained;

b.

Location and size of proposed plant materials, including paving;

c.

Number and type of each landscape element;

d.

Height and type of all fencing or buffering;

e.

Height of all planters, sculptures and decorative screens;

f.

Location and type of trash receptacle screening;

g.

Location and type of lighting for streets, signage and parking areas; and

h.

Location of visibility triangles where required.

(7)

Geotechnical.

a.

Geotechnical report on soils, subsurface and drainage that demonstrates conformity with the town's objectives as set out in the Comprehensive Plan and in chapter 82, subdivisions;

b.

Direction of water flow;

c.

Quantity of on and off-site water generation;

d.

Topographic contours at a minimum of five-foot intervals;

e.

Points of concentrated water discharge; and

f.

Areas where special design and construction may be necessary due to slope or soil conditions.

(8)

Preliminary service plan.

a.

A preliminary drainage plan of the area showing the size and location of each existing and proposed drainage way and retention or detention area.

b.

The proposed method of providing water and sewer service.

(e)

Criteria for site plan review. Site plans may have additional stipulations placed on them by the board. In approving or denying a site plan under this article, the following criteria shall be considered:

(1)

The extent to which the site plan fulfills the goals, objectives and standards in the town's Comprehensive Plan and Thoroughfare Plan.

(2)

Safety of the motoring and pedestrian public using the facility and area surrounding the site.

(3)

Safety from fire hazards and measures of fire control.

(4)

Protection from flooding and water damage.

(5)

Noise and lighting glare effects on adjacent neighbors.

(6)

Relations of signs to traffic control and their effect on adjacent properties.

(7)

Adequacy of streets to accommodate the traffic generation of the proposed development.

(8)

Adequacy of off-street parking and loading facilities for the uses specified.

(9)

Landscaping and screening provisions appropriately placed per code requirements.

(10)

Siting structures and other improvements relative to required setbacks, height limitations, and other density and dimensional requirements.

(11)

The impact of the proposed development on slopes, protected vegetation, the open space system, and adjacent properties.

(12)

Such other measures as might secure and protect the public health, safety, morals and general welfare.

(UDC 1994, art. XII, § 4; Ord. No. 677, § 2, 2-27-2012)

(a)

Amendments to all applications and approvals shall be processed in the same manner as the original application. However, the applicant shall submit a summary of all proposed changes along with the revised plans and application.

(b)

Notwithstanding the above, the town planner may approve minor modifications in an approved site plan or PD site plan administratively, provided that they do not:

(1)

Alter the basic relationship of proposed development to adjacent property;

(2)

Change the uses permitted;

(3)

Increase the maximum density, floor area, or height;

(4)

Decrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; or

(5)

Reduce the minimum yards or setbacks.

(c)

If the town planner believes that a request for minor modification entails a significant change in the site plan, he/she may refer the request to the commission for determination.

(UDC 1994, art. XII, § 5)

(a)

Applicability. Development agreements shall be required of all land which is platted for development purposes and all planned development zoning.

(b)

Generally.

(1)

Purpose. A development agreement is intended to reflect the agreement of the town and developer as to the phasing of construction to ensure timely and adequate provision of public works facilities. This agreement is also intended to ensure balanced intensity of development to avoid overloading existing public facilities during construction, and to ensure the proper development and care for common areas.

(2)

Minimum requirements. The agreement will be individually negotiated for each major project, but should address the following issues:

a.

A plan for the design, construction, use and permanent care and maintenance of any common areas, including parks and open space corridors.

b.

Cost sharing or reimbursements for the installation of oversized utility systems and roadways.

c.

Proposed timing of improvements to the property.

d.

Any other agreements necessary to facilitate the development within the town.

(c)

Form and timing of agreement.

(1)

Approval. The development agreement or other legal instrument shall be approved as to form by the town attorney and executed coincident or prior to final plat approval.

(2)

Filing. The subject property may be required to have the development agreement filed in the deed records of the appropriate county.

(UDC 1994, art. XII, § 6)

(a)

Purpose and authority. The board of aldermen may, from time to time, on its own motion, or by request of the planning and zoning commission or the town manager, amend, supplement, or change the regulations established in this chapter.

(b)

Procedures.

(1)

Action by the planning and zoning commission. The planning and zoning commission shall give appropriate notice and hold a public hearing. The commission shall approve, deny or modify the amendment and forward its report and recommendation to the board of aldermen.

(2)

Action by the board of aldermen. The board shall give appropriate notice and hold a public hearing and has final authority to adopt or deny any proposed amendment.

(UDC 1994, art. XII, § 7; Ord. No. 512, § 18, 4-23-2007)