Westminster City Zoning Code
ARTICLE XXV
Site Plans
§ 164-205 Purpose.
The purpose of this article is to ensure the City that proposed development is in conformity with the intent and provisions of the land use controls and the Comprehensive Plan for Westminster and to avoid inequities and to guide the City in the issuance of building permits.
§ 164-206 Applicability.
The provisions of this article shall apply to any new, expanded or remodeled use within all zones, and no zoning certificate or building permit shall be issued therefor except in accordance with an approved site plan.
§ 164-207 Approval required.
§ 164-208 Contents of site plan.
[Amended 1-28-2008 by Ord. No. 774]
A.
Fifteen copies of the site plan shall be filed with the Planning Director, may cover all or any part of a lot or tract and shall contain the following information, drawn at a consistent scale:
(1)
The location of the tract by an insert map at a scale of not less than one inch equals 2,000 feet and such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, election districts or other landmarks, sufficient to clearly identify the location of the property.
(2)
A boundary survey of the tract.
(3)
A certificate setting forth the source of title of the owner of the tract and the place of record or the last instrument in the chain of title, if such certificate has not been provided with a development plan.
(4)
All existing and proposed streets and easements, their names, numbers and widths; existing and proposed utilities; watercourses and their names; the owners, zoning and present use of adjoining tracts if not previously submitted with a development plan; and the Tax Map/parcel number, current zoning, parking required/provided, structure use and plan preparer.
(5)
All existing and proposed buildings and their location, size, height and proposed use.
(6)
Setback requirements and spaces between buildings.
(7)
Signs, their location, size and height.
(8)
The location, type and complete dimensioning of vehicular entrances to the site.
(9)
The location, type, size and height of fencing, retaining walls, lighting and screen planting where required under the provisions of this chapter.
(10)
All off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle of stalls and width of aisles, and a specific schedule showing the number of parking spaces provided and the number required in accordance with Article XVI, including connection with adjacent developments and dimensions of landscaped areas and type of curbing.
(11)
All locations and sizes of proposed water and sewer installations or proposed additions to existing water and sewer installations, as well as any design features which are unusual or which deviate from normal design practices. The proximity to the nearest hydrant and its area of coverage shall also be shown.
(12)
Provisions for the adequate disposition of natural and storm water in accordance with the duly adopted design criteria and standards of the City, indicating locations, sizes, types and grades of ditches, catch basins and pipes and connections to the existing drainage system. Copies of all pertinent calculations and assumptions relative to the storm drainage design, to include the delineation and consideration of the off-site contributing watershed and affected areas, and provisions for sediment control and/or stormwater retention, which are to be incorporated in all phases of construction, shall accompany the site plan submissions for review by the City and the Soil Conservation District.
(13)
Existing topography with a maximum of two-foot contour intervals; where the existing ground is on a slope of less than 2%, either one-foot contours or spot elevations where necessary, but not more than 50 feet apart in all directions.
(14)
A drainage area map, to a usable scale.
(15)
The proposed finished grading by contours supplemented where necessary by spot elevations. All horizontal dimensions shown on the site plan shall be in feet and decimals of a foot to be closest to 1/100 of a foot; and all bearings in degrees, minutes and seconds shall be to the nearest 10 seconds. Closure shall be within acceptable survey tolerances, a minimum of 1:10,000.
(16)
A proposed construction schedule. If the project is proposed to be built in phases, the schedule shall specifically identify the timing for each phase. The schedule shall also show the timing for any dedication for utilities, roads, open areas and recreational facilities. The schedule must be approved by the Director and by the Planning Commission as a part of their site plan approval and the approved schedule shall establish the validity period for the entire project, including any phasing.
[Added 10-27-2008 by Ord. No. 788]
B.
The Planning Director may also require such other information as the Director deems necessary to comply with the purposes of this section and this chapter.
[Amended 10-27-2008 by Ord. No. 788]
§ 164-209 Simplified site plan.
A.
Upon the determination by the Zoning Administrator and the Planning Director, with the concurrence of all appropriate agencies, a simplified site plan may be filed by the owner/occupant of a proposed single-family detached dwelling, an accessory building, a temporary use, an addition to or change of use for a commercial or industrial structure or for a special exception use which does not require a building permit in those cases where a field inspection indicates that the scope of the proposed accessory building, addition or special exception use is of such nature that the provisions for the handling of natural and storm water, sediment control, off-street parking, setbacks, water and sewerage and other requirements can be adequately addressed with a simplified site plan. Said site plan may be approved by the Zoning Administrator and the Planning Director upon concurrence of all appropriate agencies, except that approval of industrial use site plans shall be in accordance with other sections of this chapter.
B.
The simplified site plan shall contain the following information:
(1)
An accurate sketch of the lot drawn to scale.
(2)
The present record owner of the property.
(3)
A vicinity map.
(4)
The location and size of the vehicular entrance to the site.
(5)
Water and sewer (septic) facilities, if required.
(6)
The location of the parking area and number of stalls as required.
(7)
The location, dimensions, height and setbacks of all existing and proposed buildings.
(8)
The proposed use of the structural addition.
§ 164-210 Preparation.
A.
All site plans and amendments thereto, except those provided in § 164-209, shall be prepared and certified by a licensed architect, landscape architect or registered civil engineer. A site plan may be prepared in one or more sheets to show clearly the information required by this section and to facilitate the review and approval of the plan. If prepared in more than one sheet, match lines shall clearly indicate where the several sheets join. Every site plan shall show the name and address of the owner or developer, election district, North point, date and scale of drawing, number of sheets, existing zoning and the Tax Map and parcel number. In addition, it shall reserve a blank space three inches wide and five inches high for the use of the approving authority.
B.
Site plans shall be prepared to a scale of one inch equals 30 feet or larger; the sheet or sheets shall not exceed the dimensions of 36 inches by 48 inches.
C.
Clearly legible, blue- or black-line copies of a site plan shall be submitted to the Planning Director, accompanied by a receipt evidencing the payment of any site plan fees for processing and approval. Fees for filing and reviewing site plans shall be those as adopted by the Common Council. In addition, the Planning Director may require the assistance of a consultant, and, in connection therewith, the applicant shall pay the consultant's fee as a prerequisite to approval. Copies shall be submitted in sufficient number to satisfy agency review requirements.
§ 164-211 Action on site plan.
A.
Compliance with standards.
(1)
The Planning Director and Commission shall approve, approve subject to conditions or disapprove the site plan and shall notify the applicant, in writing, not later than 120 days after receipt of the site plan. However, the applicant may consent to an extension of such period. In reaching their decision, the Planning Director and Commission shall determine whether the site plan complies with the following standards:
(a)
All applicable requirements, including all of the requirements of the zone in which it is located, shall be met as verified by the Zoning Administrator.
(b)
All streets and sidewalks shall conform to the design standards of the City with respect to right-of-way, width, paving specifications and drainage provisions.
(c)
The pedestrian circulation system shall be separated whenever possible from vehicular circulation in order to permit safe and convenient pedestrian movement.
(d)
Landscaping shall be incorporated into the design of every planned development to enhance the appearance of structures, to provide protection from climatic conditions and to screen roads, parking areas and nearby property from view. Grass or other ground cover, shrubs and trees shall be planted in the development. Existing trees shall be preserved wherever possible. All landscaping shall comply with the landscape manual of the City of Westminster adopted pursuant to § 164-131.1.
[Amended 3-22-1993 by Ord. No. 553]
(f)
A supplementary drainage system shall be required when adequate surface drainage is not possible.
(g)
All structures in any planned development shall be located in regard to topography and natural features. Consideration shall be given to prevailing winds and seasonal temperatures.
(h)
In residential areas of planned developments, variations of setback distances shall be encouraged to create architectural interest in arrangement and character of housing fronts.
(i)
All parking areas and areas of high pedestrian use shall be adequately lighted.
(j)
Adequate lighting shall be provided in outdoor areas often used by occupants after dark, including areas around walkways, steps, ramps and signs.
(k)
In residential planned developments, lighting shall be located so as to avoid shining directly into the windows of residences or into private outdoor open space associated with the development of surrounding units.
(l)
Parking areas shall be designed so as to discourage through traffic.
(m)
Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms or changes in grade or walls.
(n)
In residential planned developments, no more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
(o)
All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other off-site inconveniences. All areas shall be marked to provide orderly and safe loading, parking and storage.
(p)
The locations of the buildings and structures, the open space, the landscaping and the pedestrian and vehicular circulation shall be adequate, safe and efficient.
(q)
The following shall be so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected with no adverse effect on surrounding properties:
(r)
The proposed signs will not, by size, location or lighting, interfere with traffic or limit visibility.
(s)
Each structure and use shall be compatible with other uses and other site plans and with existing and proposed adjacent development.
(2)
In reviewing these standards, the Planning Director shall consult with appropriate agencies to ensure that all approvals will be consistent with established policies and regulations.
B.
Compatibility. The Planning Director and Commission shall not approve the site plan if they find that the development would not achieve a maximum of compatibility, safety, efficiency and attractiveness; and the fact that a site plan complies with all of the stated general regulations, development standards or other specific requirements of the zone shall not, by itself, be deemed to create a presumption that the proposed site plan is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require approval of the site plan.
C.
The site plan approval shall contain the schedule required under § 164-208A(16) or 164-209B(9). In connection with granting their site plan approval, the Director and the Commission may modify the schedule consistent with the adequacy of public facilities, including, but not limited to, the provision of adequate sewer and water.
[Added 10-27-2008 by Ord. No. 788]
D.
No site plan shall be approved by the Planning Director and Commission without a written notation on it that no more than 40 building permits for dwelling units will be issued during any calendar year, provided that upon receipt of the Director’s recommendation, the Commission may adjust said number upward or downward up to 20% for good cause. Any additional upward adjustment shall require an administrative adjustment pursuant to § 164-158.1.
[Added 10-27-2008 by Ord. No. 788[1]]
E.
The final action of the Commission on an application for approval of a site plan may be appealed by any person aggrieved by such action to the Circuit Court for Carroll County. Any such appeal shall be taken in accordance with the Maryland Rules of Procedure as set forth in Chapter 1100, Subtitle B.
F.
Formal approval. The approved site plan, with any conditions shown thereon or attached thereto, shall be dated and signed by the designated member of the Commission and the Planning Director. Copies of the site plan shall be forwarded to the appropriate agencies and shall be attached to the building permit.
G.
Revisions. Any proposed changes by the applicant to an approved site plan shall be resubmitted for approval in accordance with the provisions of this section.
H.
Lapse of approval.
[Amended 12-13-2021 by Ord. No. 939]
(1)
A site plan shall become null and void after one year from the date of approval, unless a building permit has been issued and substantial work has begun on the project.
(2)
Notwithstanding the provisions of Subsection H(1) of this section, a site plan approved during the period from January 1, 2020, through December 31, 2022, that has not lapsed may be extended as follows::
(a)
The Zoning Administrator shall grant a one-year extension from the date on which the site plan would otherwise lapse under Subsection H(1) of this section. The property owner or a developer seeking an extension shall submit a request to the director in writing. Only one extension under this subsection shall be granted with respect to any approved site plan.
(b)
The Planning and Zoning Commission may grant an additional one-year extension from the date on which the site plan would otherwise lapse under Subsection H(2)(a) of this section. The property owner or a developer seeking an extension shall submit a request to the Director, in writing, to be placed on the agenda for a regularly scheduled Planning and Zoning Commission meeting. Only one extension under this subsection shall be granted with respect to any approved site plan.
I.
Approval to run with land. Site plan approval shall run with the land.
J.
To ensure that projects are not approved for which water and wastewater capacity does not exist, the following additional site plan approval procedures are adopted:
[Added 4-13-2015 by Ord. No. 853; amended 4-9-2018 by Ord. No. 891]
(1)
Upon receipt of a completed application for a site plan approval for a project that has not received water and wastewater allocations at the time of approval of a subdivision plat that includes a request for a water and sewer allocation, the Planning Director shall make a determination as to the availability of water and sewer capacity.
(2)
Upon a finding that the application is complete, that adequate capacity exists for an allocation, and that the use otherwise complies with requirements of the Zoning Ordinance, subject to any approvals required from the Planning Commission, the Director shall assign the plan a tentative allocation approval, which may stipulate the phasing of water allocation over time.
(3)
Upon approval of a site plan application by the Planning Commission, the Planning Director shall issue a final water and wastewater allocation consistent with the Planning Commission's approval.
(4)
Notwithstanding anything in this section, when a site plan expires or becomes null and void through lapse or revocation, the allocations shall also be forfeited.
K.
No site plan shall be approved by the Planning Director and the Planning and Zoning Commission that does not adequately address the preferences and guidelines set forth in the most recently adopted Development Design Preferences Manual in compliance with the requirements of § 164-131.2.
[Added 5-9-2016 by Ord. No. 863]
§ 164-212 Effect of noncompliance.
A.
Whenever the Planning Director shall find, in the case of any plan approved in accordance with the provisions of this section, upon his own or pursuant to a complaint filed with him that any of the terms, conditions or restrictions upon which the site plan was approved are not being complied with, the Planning Director is authorized, after due notice to all parties concerned and granting full opportunity for public discussion, to suspend or revoke the site plan and any permits which have been issued pursuant to such site plan or to take such other action as it finds necessary to ensure compliance. The Planning Director is authorized to request and obtain investigations and reports as to compliance from such county or state agencies or administrative offices as may be appropriate.
B.
Upon certified notice from the Planning Director of revocation of a site plan, the appropriate authority shall revoke such building permits and use permits as the order of the Planning Director may direct.
§ 164-213 Fees.
[Amended 1-28-2008 by Ord. No. 774; 11-24-2008 by Ord. No. 792]
After recommendation from the Commission, the Mayor and Common Council shall adopt and from time to time amend such differential filing and processing fees as provided in the General Fee Ordinance[1] based upon the costs of processing a site plan application. Said costs include payment for reasonable expert services deemed necessary and reasonable by the Planning Director, which may include but not be limited to engineering, architectural, planning, transportation, landscaping and legal services. Payment of such fees is required prior to site plan approval.