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Wrightsville Beach City Zoning Code

ARTICLE 155

5 SITE PLAN DEVELOPMENT REVIEW PROCESS

Section 155.5.1 Purpose and Applicability.

   The purpose of this Article is to establish an orderly process to develop land within the Town of Wrightsville Beach. It is also the intent of this Article to provide a clear and comprehensible development process that is fair and equitable to all interests including the petitioners, affected neighbors, town staff, related agencies, the Planning Board, the Board of Aldermen, and the Board of Adjustment. Approved plans shall be the guiding documents for final approval and permitting.
   The development review procedures outlined throughout this Article apply to projects requiring a minor site plan or major site plan. Projects requiring subdivision preliminary/final plat approval should follow the requirements provided in Article 155.12.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.5.2 Site Plan Procedures.

   155.5.2.1 Engineering Drawing Review and Approval Procedures.
   (A)   Applicability and Process. Minor site plans and major site plans shall be submitted in accordance with this section except where specifically noted. All site plans shall be engineered drawings prepared by a civil engineer, registered land surveyor, or architect and drawn to a scale of not less than one inch equals 30 feet. Upon determination by the UDO Administrator or their designee that an application is complete, the engineering drawings shall follow the approval process outlined in Section 155.5.4. Engineering drawings shall constitute the complete submittal requirements for minor site plans prior to the issuance of a zoning permit.
   (B)   Submittal Requirements. Engineering drawings shall be drawn to the specifications in Section 155.5.3. The types of plans to be included in a set of engineering drawings are as follows:
      •   Site plan (existing and proposed)
      •   Existing conditions
      •   Grading plan
      •   Sedimentation and erosion control plan
      •   Landscaping plan
      •   Lighting plan
      •   Street details
      •   Infrastructure details
   155.5.2.2 Minor Site Plans. Projects requiring minor site plan approval:
      •   Single-family dwellings;
      •   Two-family (duplex) dwellings;
      •   Nonresidential development under 1,000 square feet of aggregate building footprint area.
   Minor site plans follow the Administrative Approval process (see Section 155.5.4). Minor site plans shall be submitted as part of a full set of engineering drawings. For single-family and two-family (duplex) dwellings, the floor area ratio shall be provided. Engineering drawing approval is required prior to the issuance of a zoning permit.
   For minor site plans, an as-built survey, a piling survey, and as-built construction drawing(s) shall be submitted to the UDO Administrator by the developer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order and all construction shall be halted until the problem is remedied.
   155.5.2.3 Major Site Plans. Projects requiring major site plan approval:
      •   Mixed use commercial-residential development;
      •   Nonresidential developments greater than 1,000 square feet;
      •   Residential dwellings containing three or more units;
      •   Development parcels which include areas of environmental concern as defined by 15A NCAC 7H.
   Major site plans follow the Planning Board/Board of Aldermen approval process (see Section 155.5.5). The major site plan shall be reviewed by the UDO Administrator using the Technical Review Procedure for completeness, compliance with this Ordinance, and soundness of design. The plan shall then be reviewed by the Planning Board for preparation of a recommendation to the Board of Aldermen and, subsequent approval by the Board of Aldermen. Major site plan approval is required prior to the issuance of a zoning permit.
   For major sites plans, an as-built survey, a piling survey, and as-built construction drawing(s) shall be submitted to the UDO Administrator by the developer upon completion of the building foundation to ensure that setbacks and building orientation match the approved site plan. If the survey shows that the placement of the building is incorrect, then the UDO Administrator shall issue a stop-work order and all construction shall be halted until the nonconformity is corrected or a variance is obtained as provided in subsection 155.4.4.2.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.5.3 Site Plan Requirements.

   155.5.3.1 Information to be Shown on Site Plan.
   (A)   The site plan shall be prepared by a professional engineer, registered land surveyor, or architect and shall be drawn to scale of not less than one inch equals 30 feet. The site plan shall be based on the latest tax map information and shall be of a size as required by each individual site plan.
   (B)   The site plan shall contain the following information:
      (1)   A key map of the site with reference to surrounding areas and existing street locations.
      (2)   The name and address of the owner and site plan applicant, together with the names of the owners of all contiguous land and of property directly across the street as shown by the most recent tax records.
      (3)   Lot line dimensions.
      (4)   Location of all structures, streets, entrances, and exits on the site and on contiguous property directly across the street.
      (5)   Location of all existing and proposed structures, including their outside dimensions and elevations.
      (6)   Building setback, side line, and rear yard distances.
      (7)   Location of flood zones.
      (8)   All existing physical features, including water courses, dunes, existing trees greater than one inch in diameter measured six feet above ground level, and significant soil conditions.
      (9)   Topography showing existing and proposed contours at two-foot intervals. All reference benchmarks shall be clearly designated.
      (10)   Parking, loading, and unloading areas shall be indicated with dimensions, traffic patterns, access aisles, and curb radii per the requirements of Article 155.9, Part I.
      (11)   Improvements such as roads, curbs, bumpers, and sidewalks shall be indicated with cross-sections, design details, and dimensions.
      (12)   Location and design of existing and proposed stormwater systems, sanitary waste disposal systems, water mains and appurtenances, and method of refuse disposal and storage.
      (13)   Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants, trees, and dimensions, approximate time of planting, and maintenance plans per the requirements of Article 155.9, Part IV.
      (14)   Lighting plan indicating type of standards, location, radius of light, and intensity in foot candles per the requirements of Article 155.9, Part III.
      (15)   Location, dimensions, and details of signs per the requirements of Article 155.10.
      (16)   North arrow.
      (17)   Public access shall be provided in accordance with the recommendations of the town's land use plan and access plan or the present amount of public access and public parking as exists within the town now. If any recommendations are found to conflict, the system requiring the greatest quantity and quality of public access, including parking, shall govern.
      (18)   Location of all 404 wetland areas, areas of environmental concern as defined by 15A NCAC 7H, and shoreline development boundaries.
      (19)   A rendering or drawing of the proposed building shall be provided which shows all sides of the structure.
   155.5.3.2 Performance Standards. In reviewing any site plan, the Planning Board and the Board of Aldermen shall consider:
   (A)   Pedestrian and vehicular traffic movement within and adjacent to the site with particular emphasis on the provision and layout of parking areas, off-street loading and unloading, movement of people, goods, and vehicles from access roads, within the site, between buildings, and between buildings and vehicles. The Board shall ensure that all parking spaces comply with Article 155.9, Part I. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.
   (B)   The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact of surrounding development, and contiguous and adjacent buildings and lands.
   (C)   Adequate lighting, based upon the standards set forth in Article 155.9, Part III, shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board.
   (D)   Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures, the movement of people and vehicles, and to shield activities from adjacent properties in accordance with Article 155.9, Part IV.
   (E)   Landscaping shall be provided as part of the overall site design and integrated into building arrangements, topography, parking, and buffering requirements in accordance with v, Part IV.
   (F)   Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site, and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians (refer to Article 155.10).
   (G)   Storm drainage, sanitary waste disposal, water supply, and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems, and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure.
   (H)   Environmental elements relating to soil erosion, preservation of trees, protection of water courses, and resources, noise, topography, soil, and animal life shall be reviewed, and the design of the plan shall minimize any adverse impact on these elements. Particular reference shall be made to areas of environmental concern as designated by the Coastal Area Management Act and the Coastal Resources Commission.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.5.4 Administrative Decisions.

Administrative decisions shall include:
   Minor site plans
   Final plats
   Zoning compliance permits
 
   NOTE: A certificate of occupancy shall not be issued until an as-built survey outlining all completed site improvements has been submitted to the UDO Administrator.
   155.5.4.2 Application for Review. An applicant desiring to obtain site plan approval shall file with the UDO Administrator two copies of the site plan, together with a completed application form and the required fee as set forth in Section 155.2.9.
   155.5.4.3 Planning Staff and Technical Review Procedure. The UDO Administrator or his/her designee will review the site plan and may require the Technical Review Procedure as specified in Article 155.3, Part II. The plan will be reviewed for compliance with this Ordinance and all related plans and policies.
   155.5.4.4 Permit Issued or Final Plat Approved. If the plan, engineering drawings, or final plat is found to meet all of the applicable regulations of this Ordinance, then the UDO Administrator shall issue a zoning permit for site plans.
   155.5.4.5 Zoning Inspections and Certificates of Occupancy. Prior to the issuance of a certificate of occupancy by the Building Inspections Department, the UDO Administrator or his designee shall conduct a final zoning inspection to ensure that the approved plan has been followed and all required improvements have been installed to town standards. Prior to the final zoning inspection, an as-built survey must be submitted to the UDO Administrator. The as-built survey shall be drafted and scaled by a surveyor registered in the State of North Carolina and should show the location of all site improvements.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

Section 155.5.5 Planning Board Review and Board of Aldermen Approval.

   Planning Board review and Board of Aldermen approval applies to the following:
   Major site plans
   155.5.5.1 Planning Board Review and Board of Aldermen Approval Flowchart.
 
   NOTE: For special use permit public hearings, Planning Board recommendations shall be submitted as evidence at the public hearing as specified in subsection 155.4.5.3, but shall not be considered by the decision-making board .
   155.5.5.2 Application for Review. An applicant desiring to obtain site plan approval shall file with the UDO Administrator 18 copies of the site plan, together with a completed application form and the required fee as set forth in Section 155.2.9. The materials as required herein shall be filed not less than 30 days prior to the regular Planning Board meeting at which the application will be considered.
   155.5.5.3 Planning Staff and Technical Review Procedure.
   (A)   The UDO Administrator or his/her designee will review the site plan and may require the Technical Review Procedure as specified in Article 155.3, Part II. The plan will be reviewed for compliance with this Ordinance and all related plans and policies.
   (B)   The UDO Administrator shall submit all recommendations and comments resulting from the Technical Review Procedure at least five days prior to the Planning Board meeting at which the site plan is to be considered. Failure to submit a written recommendation and comment shall be deemed as a favorable review of the site plan.
   155.5.5.4 Review and Recommendation by the Planning Board.
   (A)   At the next regular meeting of the Planning Board following receipt of the materials specified in subsection 155.5.5.2, the Planning Board shall review and provide a recommendation on the site plan.
   (B)   The Planning Board shall have up to 30 days from the date of referral by the UDO Administrator to recommend approval, approval with conditions, or denial of the request to the Board of Aldermen.
   155.5.5.5 Consideration by the Board of Aldermen.
   (A)   Upon receipt of a recommendation from the Planning Board, the Board of Aldermen shall consider the application. For special use permits and vested rights requests, quasi-judicial evidentiary public hearings shall be held. Notice of public hearings shall be given as specified in subsection 155.4.4.6.
   (B)   Following public hearing (where appropriate), the Board of Aldermen shall approve, approve with conditions, or deny the request. Alternatively, the Board of Aldermen may suspend the review period and request additional information of the applicant, other governmental agencies, or interested/affected parties in order to aid in the review of the request or deferral of its consideration.
   (C)   Following denial by the Board of Aldermen, the applicant may file a new application and associated fee. Unless the Board of Aldermen explicitly states conditions that must be met prior to the resubmission of an application, the applicant shall not submit a new application for the same property within one year of the date of denial by the Board of Aldermen unless the application is significantly different from the previously denied application. All applications shall be resubmitted for full review unless the application is resubmitted to address conditions set forth by the Board of Aldermen for reapplication.
   155.5.5.6 Permit Issued. If the plan is found to meet all of the applicable regulations of this Ordinance, then the Board of Aldermen shall approve issuance of a zoning permit for the project.
   155.5.5.7 Zoning Inspections and Certificates of Occupancy. Prior to the issuance of a certificate of occupancy by the UDO Administrator, the UDO Administrator or his designee shall conduct a final zoning inspection to ensure that the approved plan has been followed and all required improvements have been installed to town standards.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)