§ 155.042  APPROVAL OF SITE PLAN APPLICATION.
   (A)   The Building Site Committee shall approve, request further information or disapprove a building site plan within 15 days following the site review required in § 155.041 by a majority vote of the members of the committee.
   (B)   The approval or disapproval shall be based on the following standards:
      (1)   Whether there is an alternative building site on the property which would adapt to the requirements of this chapter, both during construction and after construction, so long as a compliant structure can be constructed;
      (2)   If there is a steep slope on any set back, required under this chapter, no construction activities, including the removal of trees or vegetation, shall occur within the side or rear yard setbacks;
      (3)   The applicant’s plans adapt to, and minimize disturbance of, the natural terrain, trees and other vegetation;
      (4)   The applicant’s plans adapt to the topography of the property with minimum alterations of the building site; and
      (5)   The applicant’s plans avoid excessive similarity, dissimilarity or inappropriate in exterior design in appearance of buildings, awnings, signs, fences and other structures. The determinations shall be made with respect of 1 or more of the following features:
         (a)   Apparently identical facade in relation to any other structure existing or for which a permit has been issued within a distance of 1,000 feet of the proposed site including substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street including a reverse arrangement thereof;
         (b)   Other significant design features such as but not limited to roof line, height of building, construction, material or quality of architectural design;
         (c)   Location and elevation of building upon the site in relation to topography of the site; and/or
         (d)   Inappropriateness in relation to any other property of the same or adjoining district of design, landscaping, building materials in use thereof, orientation to site or placement of parking, storage or refuse areas.
   (C)   If the application is disapproved, the Building Commissioner shall indicate the reasons by certified letter to the applicant. In any case where disapproval is based on considerations of a steep slope the Building Commissioner shall prepare a report summarizing the concerns and issues resulting from the applicant’s plans as related to the steep slope and shall include the report with the records for the site plan application. The Building Commissioner shall maintain records of all actions on site plan applications.
   (D)   If the application is approved, the applicant shall be bound to the site plan in all details and respects as set out in the site plan application, including any revisions or amendments thereto approved by the Building Site Committee in writing, and if required by the Building Site Committee because of exceptional circumstances, shall post a $10,000 cash or performance bond guaranteeing compliance with the site plan application and guaranteeing restoration of town streets to the condition detailed in the street inventory described in § 155.056(B)(8).
   (E)   If the application is approved, all contractors who will perform any activity related to the application shall comply with § 155.067.
   (F)   At time as all required excavations on the property have been completed and all final grades established, and the applicant has presented the Building Commissioner with a final street inventory release form prepared by a representative of the Street Department confirming that the requirements of this chapter have been fully complied with and all necessary repairs have been completed, the Building Commissioner shall release the bond and return any cash bond to the applicant.
   (G)   In no event shall any building permit for improvements requiring site plan approval be granted until site plan approval has been granted; nor shall the Board of Zoning Appeals grant any variance, special exception or special use with respect to the affected property until that Board has first received the report of the Building Site Committee.
(Ord. 208, passed 12-19-1983; Am. Ord. 09-12, passed 11-16-2009; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2021-09, passed 7-20-2021)