§ 245-116. Site plans and uses requiring site plan approval.  


Latest version.
  • A. 
    The following uses are required to obtain site plan review by the Planning and Zoning Commission:
    (1) 
    All multifamily developments, including townhouses and apartments.
    (2) 
    Commercial uses.
    (3) 
    Industrial uses.
    (4) 
    Uses proposed under the Town Center Redevelopment Overlay District.
    (5) 
    Mixed uses.
    (6) 
    Conditional uses.
    (7) 
    Medical services uses.
    (8) 
    Mobile home parks.
    B. 
    Conditions and guarantees. Prior to the granting of any site plan use, the Planning and Zoning Commission may recommend such conditions and restrictions upon the establishment, location, construction, maintenance, and operation thereof as deemed necessary to reduce or minimize any effect of such use upon other properties in the neighborhood, and to secure compliance with the standards and requirements specified in this section. Failure to comply with such conditions or restrictions imposed shall constitute a violation of this chapter.
    C. 
    Procedures for preliminary site plan.
    (1) 
    A preliminary site plan complying with the requirements of this section shall accompany an application for approval under this section, together with such data and information as may be required for a determination of the nature of the proposed use and its effect on the Comprehensive Plan, the neighborhood, and surrounding properties.
    (2) 
    The following regulations and procedures for approval of site plans shall apply:
    (a) 
    Three copies of a preliminary site plan shall be filed with the Planning and Zoning Commission through the Administrator. The preliminary site plan shall comply with the requirements of this section and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Planning and Zoning Commission.
    (b) 
    The Planning and Zoning Commission shall review the site plan for compliance with the requirements of this chapter. Before approval of a site plan, the Planning and Zoning Commission may make reasonable additional requirements, including, but not limited to, utilities, drainage, landscaping and maintenance thereof, lighting, signs and advertising devices, screening, accessways, curb cuts, traffic control, height of buildings, and setback of buildings, to protect adjoining lots or uses. The site plan shall be amended in accordance with the requirements of the Planning and Zoning Commission.
    (c) 
    Site plans shall be prepared to a scale that is appropriate to the size of the site and proposed development. This determination shall be made by the Administrator in cooperation with the applicant. Site plans shall include, at a minimum, the following information:
    [1] 
    Owner's name and address.
    [2] 
    Developer or owner's agent name and address.
    [3] 
    Scale and North arrow.
    [4] 
    Location and names of all adjacent streets or roads.
    [5] 
    Address of site.
    [6] 
    All property lines, easements, and rights-of-way.
    [7] 
    All existing and proposed buildings.
    [8] 
    All existing and proposed trees, shrubs, and landscaping.
    [9] 
    All parking and loading areas.
    [10] 
    All areas used for site access and circulation.
    [11] 
    All proposed utilities.
    [12] 
    All proposed sediment and erosion control measures.
    [13] 
    Location of any floodplains, wetlands, steep slopes or other sensitive areas.
    [14] 
    Summary statistics for developed areas, protected areas, and planted or open space areas plus the overall area of the site.
    D. 
    Final site plan. Following approval of the preliminary site plan by the Planning and Zoning Commission, a final site plan in the form of a final plat shall be prepared and submitted to the Planning and Zoning Commission through the Administrator. This final plat shall comply with the specifications of the Planning and Zoning Commission and the requirements of this section and applicable laws, regulations, and ordinances governing the subdivision and development of land. Following approval of the final site plan by the Planning and Zoning Commission, the final site plan shall be recorded and filed in the official records of the Planning and Zoning Commission and maintained in the Town office. Permits shall be issued in accordance with the approved site plan.
    E. 
    Site design guidelines. All site plans shall be prepared in accordance with these guidelines. An analysis shall be made of characteristics of the development site, such as site context; geology and soil; topography and drainage patterns; microclimate; ecology; existing vegetation, structures, and road networks; visual features including significant views of and from the site; and past and present use of the site.
    (1) 
    Site design.
    (a) 
    Design of the development shall take into consideration all existing local and regional plans for the surrounding community.
    (b) 
    Development of the site shall be based on the site analysis. To the maximum extent practicable, development shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative impacts and alteration of natural features.
    (c) 
    The following specific areas, and their established buffers, shall be preserved as undeveloped open space, to the extent consistent with the reasonable utilization of land, and in accordance with all applicable federal, state or local regulations:
    [1] 
    Unique and/or fragile areas, including wetlands as defined in Section 404, Federal Water Pollution Control Act of 1972, as amended, and delineated on the national wetlands inventory maps. On-site field verification by a qualified professional is required.
    [2] 
    Significant trees or stands of trees, defined as healthy hardwoods and evergreens over 30 years old (estimated by their height, spread, and trunk diameter), or vegetated stands with particular landscape or environmental value identified by the developer or by the Planning and Zoning Commission.
    [3] 
    Lands in the mapped one-hundred-year floodplain of any waterway.
    [4] 
    Streams and their buffers as described in the Comprehensive Plan.
    [5] 
    Steep slope areas as described in the Comprehensive Plan.
    [6] 
    Habitats of threatened or endangered species as described in the Comprehensive Plan.
    [7] 
    Historically significant structures and sites, as listed in federal, state, or Town lists of historic places.
    (d) 
    The development shall be laid out to avoid adversely affecting groundwater and aquifer recharge, to reduce cut and fill, to avoid unnecessary impervious cover; to prevent flooding, to provide adequate access to lots and sites; and to mitigate adverse effects of shadow, noise, odor, traffic, drainage, and utilities on neighboring properties.
    (e) 
    Residential development design.
    [1] 
    In conventional developments, the Planning and Zoning Commission may vary lot areas and dimensions, yards, and setbacks for the purpose of encouraging and promoting flexibility, economy, and environmental soundness in layout and design, provided that the average lots' areas and dimensions, yards, and setbacks within the subdivision conform to the minimum requirements of this chapter, and provided that such standards shall be appropriate to the type of development permitted.
    [2] 
    Residential lots shall front on residential access if possible. If residential lots front on collector streets or highways, a buffer yard as described in , including walking/bicycling paths, shall be included in addition to the required front yard.
    Editor's Note: is included at the end of this chapter.
    [3] 
    Every lot shall have sufficient access to it for emergency vehicles as well as for those needing access to the property in its intended use.
    [4] 
    The placement of units in residential developments shall take into consideration topography, privacy, building height, orientation, drainage, and aesthetics.
    [5] 
    Buildings, fences, walls, and landscaping shall be located to ensure rear yard privacy and still promote a "traditional" neighborhood character that encourages social interaction and walking.
    [6] 
    Use of shade trees in numbers and size that exceed minimum standards is strongly encouraged.
    (f) 
    Commercial and industrial development design.
    [1] 
    Commercial and industrial developments shall be designed according to the same principles governing the design of residential developments; namely, buildings shall be located according to topography, with environmentally sensitive areas avoided to the maximum extent practicable.
    [2] 
    Factors such as drainage, noise, odor, and surrounding land uses shall be considered in siting buildings, shipping and receiving areas, parking, and on-site circulation.
    [3] 
    Sufficient access shall be provided, and adverse impacts, including visually intrusive characteristics, shall be buffered.
    [4] 
    Buffer yard standards, included in , shall be considered minimum standards. More intensive landscaping including seasonal flowers and flowering shrubs, high quality lighting and signage are strongly encouraged and may be required at key entrances, along interior circulation routes, and within parking lots.
    Editor's Note: is included at the end of this chapter.
    [5] 
    Shade trees should be located within 50 feet of any parking space within a parking lot.
    [6] 
    Safe and convenient pedestrian circulation should be planned throughout the site including linkages to all surrounding pathways, sidewalks, or trails on adjoining properties. Where such adjoining amenities or systems are planned but not yet constructed, the site design should accommodate and provide for future connections.
    (g) 
    Renovation.
    [1] 
    When existing business parks and centers, shopping centers, industrial parks, or individual buildings are proposed for renovation or any other activity requiring a building permit, the Planning and Zoning Commission may, at its discretion, require additional landscaping, signage improvements, lighting upgrades, and pedestrian and bicycle amenities to bring the facility into compliance with this chapter as a condition of permit approval.
    [2] 
    Before issuing a building permit for any commercial or industrial renovation or rehabilitation, the Town Administrator shall notify the Planning and Zoning Commission concerning the application and provide adequate time for Planning and Zoning Commission review and comment.
    (h) 
    Circulation system design.
    [1] 
    The road system shall be designed to permit the safe, efficient, and orderly movement of traffic; to meet, but not exceed the needs of the present and future population served; to have a simple and logical pattern that builds upon and extends the Town's grid system; to respect natural features and topography; and to present an attractive streetscape.
    [2] 
    In residential subdivisions:
    [a] 
    The road system shall be designed to serve the needs of the neighborhood and to discourage use by through traffic in accordance with this chapter, Chapter 200, Subdivision Regulations, and adopted Town standards.
    [b] 
    Neighborhood streets will permit on-street parking.
    [c] 
    Pedestrian and bicycle use will be encouraged and provided for separately from the vehicular cartway.
    [d] 
    Landscaped rear yard alleys for residential access, additional emergency access, refuse collection, and utility corridors are encouraged.
    [e] 
    A minimum five-foot wide landscaped buffer yard between the curb and sidewalk will be provided as specified in .
    Editor's Note: is included at the end of this chapter.
    [f] 
    Private streets will not be permitted. All residential streets shall be constructed to Town standards and dedicated into public ownership subject to inspection and acceptance by the Town Administrator.
    (i) 
    Landscape design.
    [1] 
    Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
    [2] 
    Landscaping should help connect and tie in the character of new development to the overall character of the Town. At the same time, each new development should strive to improve and raise the standard as an example for future projects.
    [3] 
    Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, and street furniture and fixtures.
    (j) 
    Landscape guidelines.
    [1] 
    Native species and plants suitable to Climate Zone 7 shall be used.
    [2] 
    Attractive landscaping should be provided at site entrances, in public areas, along public rights-of-way, along interior circulation lanes, within parking lots, adjacent to buildings, and at building corners to soften their appearance and visual impact.
    [3] 
    High quality is encouraged, and the Planning and Zoning Commission may use examples from other areas to illustrate concepts, ideas, or requirements as it deems appropriate.
    [4] 
    The landscape plan shall consider seasonal changes and ensure an attractive year-round look.
    [5] 
    The landscape plan shall consider plant hardiness, susceptibility to drought, and ease of maintenance. However, aesthetics should prevail over maintenance if a decision is needed.
    [6] 
    Central watering or irrigation, including timers, is encouraged and may be required at key entrances or as part of commercial or industrial site plans.
    [7] 
    Loading and service areas, dumpsters, and storage areas should be attractively screened as part of the landscape plan.
    [8] 
    Signage should be considered as an integral part of the overall landscape plan.
    [9] 
    Lighting should be considered as an integral part of the overall landscape plan. Shielded, indirect, directed spotlights, highlighting and backlighting, pedestrian scale lighting, and security lighting together have an overriding influence on site appearance and are crucial to achieving a pleasant and safe nighttime landscape.
    (2) 
    Landscape plan.
    (a) 
    A landscape plan prepared by a plant professional, such as a registered landscape architect, forester, nurseryman, or someone who can document and demonstrate a performance record of successful landscape design and implementation appropriate to the scale and needs of the site shall be submitted with each site plan application, unless an exception is granted by the Planning and Zoning Commission, at its discretion, pursuant to a minor subdivision or site plan.
    (b) 
    The plan shall identify existing and proposed trees, shrubs, and ground covers; natural features such as rock outcroppings; and other landscaping elements.
    (c) 
    The plan shall include planting, staking, and watering details as well as construction details for architectural elements, walks, patios, sculptures, or art work.
    (d) 
    The plan shall include materials schedules.
    (e) 
    The plan shall include the location, placement and construction details for any proposed or required watering or irrigation system.
    (f) 
    The plan shall include drainage, runoff, and infiltration calculations if the landscaping is used to satisfy any sediment, erosion control, impervious surface, or water quality improvement standard that may be required by another program, standard, or ordinance.
    (3) 
    Site protection standards and general planting requirements.
    (a) 
    Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
    (b) 
    All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with Town and county regulations.
    (c) 
    Maximum effort should be made to protect existing vegetation that will be saved. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site to a distance sufficient to protect roots from damage or compaction due to on-site use of vehicles, excavation, or materials storage. Barriers shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
    (d) 
    Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than 20 feet vertically to 100 feet horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability and environment.
    (4) 
    Planting specifications.
    (a) 
    Deciduous trees shall have straight trunks of a caliper of at least 2 1/2 inches measured three feet above the root ball at planting.
    (b) 
    Evergreens and shrubs may vary depending on setting and type of shrub. However, tree species must be balled and burlapped or in a container of minimum fifteen-gallon size.
    (c) 
    Only nursery-grown plant materials shall be acceptable, and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards.
    (d) 
    Dead, dying, or diseased plants shall be replaced by the developer during the following planting season.
    (e) 
    Specimen-sized transplants are recommended for focal spots, key entrances, and to provide immediate visual interest, especially on commercial sites.
    (f) 
    Trees and shrubs shall be properly planted and staked, and provision made by the developer for regular watering and maintenance until the performance bond or surety is released.
    (g) 
    Shade trees.
    [1] 
    Location.
    [a] 
    Shade trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall be either massed or spaced evenly along the street at the following intervals:
    Mature Tree Size
    (in feet)
    Planting Interval
    (in feet)
    Large trees (40+)
    50-70
    Medium trees (30-40)
    40-50
    Small trees (to 30)
    30-40
    [b] 
    When the spacing interval exceeds 40 feet, small ornamental trees can be placed between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a certified landscape architect or forester. The trees shall be planted so as not to interfere unnecessarily with utilities, roadways, sidewalks, sight easements, or streetlights. Tree location, landscaping design, and spacing shall be approved by the Planning and Zoning Commission as part of the landscape plan.
    [2] 
    Tree type. Tree type may vary depending on the overall effect desired, but as a general rule, all trees on a street shall be the same kind except to achieve special effects. Selection of tree types shall be approved by the Planning and Zoning Commission as part of the landscape plan.
    (h) 
    Berms. Where berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 2:1.
    (i) 
    Buffers.
    [1] 
    Buffers shall provide a year-round visual screen in order to minimize adverse impacts. They may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objectives.
    [2] 
    Buffers and buffer yards shall be provided in accordance with and when the Planning and Zoning Commission may determine a site-specific need (which may require an expanded buffer width, length, planting density, or specific berm, wall, or fence in excess of the standards contained in ).
    [3] 
    Plant materials shall be sufficiently large and planted in such a fashion that a year-round screen at least eight feet high shall be produced within three growing seasons.
    [4] 
    Combinations of evergreen species are encouraged to provide visual interest and variety and habitat enhancement. Examples include, without being limited to, groupings of white pine, black pine, spruce, and cypress.
    [5] 
    No buildings, structures, storage of materials, or parking shall be permitted within the buffer area. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass (unless as an ornamental grass approved in the landscape plan).
    [6] 
    Buffers should also be considered as wildlife habitat, wildlife corridors, and connections to a community-wide system of greenways and open spaces. They may be appropriate locations for hiker/biker paths and trails that supplement traditional sidewalks.
    (j) 
    Parking lot landscaping.
    [1] 
    In parking lots, at least 10% of the interior parking area shall be landscaped with plantings.
    [2] 
    Shade trees shall be located no further than 50 feet from any parking space.
    [3] 
    Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive of other planting requirements, such as for shade trees planted along the street.
    [4] 
    Islands of green space including grass and shade trees should be planned within larger expanses of parking. They should be large enough to be inviting and practical as pedestrian rest areas, especially during the summer.
    [5] 
    Parking lots should be broken into smaller defined sections by interior circulation roads that include curbs, gutters, and landscaping that creates a sense of enclosure, mitigates summer and winter temperature extremes, and includes seasonal flower displays.
    [6] 
    Lighting should be pedestrian scale yet provide sufficient illumination of convenience and security. Key landscape elements including signage should be lit and wired to timed circuits.
    [7] 
    Directional and traffic control signage should be pedestrian scale in size and displayed at a maximum height of four feet.
    [8] 
    Handicapped parking should be located and designed such that landscaping and vehicle circulation do not create barriers.
    (k) 
    Paving materials.
    [1] 
    Design and choice of paving materials used in pedestrian areas shall consider such factors as function, climate, characteristics of users, availability, cost, maintenance, glare, drainage, noise, appearance, and compatibility with surroundings.
    [2] 
    Acceptable materials shall include, but are not limited to, concrete, brick, cement pavers, asphalt, and stone.
    (l) 
    Walls and fences.
    [1] 
    Walls and fences shall be erected where required for privacy, screening, separation, security, erosion control, or to serve other necessary and reasonable functions.
    [2] 
    The design and materials used shall be functional and compatible with existing and proposed site architecture.
    [3] 
    No fence or wall shall be so constructed or installed as to constitute a hazard to traffic or safety.
    (m) 
    Street furniture.
    [1] 
    Street furniture, such as but not limited to trash receptacles, benches, and phone booths, shall be located and sized in accordance with function and need, as determined by the Planning and Zoning Commission.
    Editor's Note: See Ch. 211, Telephones, Public.
    [2] 
    The different street furniture components shall be compatible in form, material, and finish. Design and materials shall be coordinated with existing and proposed site architecture. Selection of street furniture shall take into consideration function, durability, maintenance, and long-term cost.
    F. 
    Site plan review. The Planning and Zoning Commission shall review site plans for consistency with the Comprehensive Plan and make specific findings of fact prior to granting final site plan approval. Site plan reviews shall also be conducted with consideration to principles of urban design, including the shapes and massing of structures, rooflines, materials, streetscape, and landscaping. More intensive landscaping may be required as the intensity of development increases.
    G. 
    Surety bond. If required by the Planning and Zoning Commission, a surety bond shall be filed for, or deposited in escrow with the Mayor and Council, in an amount sufficient to insure completion of requirements as may be imposed by the Planning and Zoning Commission.
    H. 
    Approval valid for one year. Approval of a conditional use under this section shall be valid for a period of one year after the date of approval and thereafter shall become null and void unless construction or use is substantially underway during said one-year period, unless an extension of time, not exceeding one year, is approved by the Planning and Zoning Commission before the expiration of said one-year period.
    I. 
    Revocation of permits. Permits issued under a conditional use approval may be revoked by the Administrator for failure to comply with conditions of approval or applicable regulations.