(A) Applicability.
(1) All proposed development, except for single-family detached, zero lot line, duplexes and alley-loaded dwelling units on individual lots, shall be subject to the site plan review process.
(2) Temporary uses may require site plan review (see § 155.712).
(a) Approval authority. The Planning Director shall be responsible for approving site plans, following review and certification from the TRC.
(C) Pre-application conference.
(1) All applicants seeking site plan approval shall schedule a pre-application conference with the Planning Director, in accordance with § 155.702(A).
(D) Site plan review.
(1) Application requirements. An application for minor site plan approval shall be submitted accordance with § 155.702(C).
(2) Action by Planning Director.
(a) Upon submission of a completed application, the Planning Director shall schedule the minor site plan for review by the Technical Review Committee. The Technical Review Committee shall review the site plan for consistency with the requirements of this chapter and other applicable town ordinances.
(b) After technical review, the Planning Director shall determine whether the minor site plan conforms to the requirements of this chapter.
(3) Modifications to approved site plans.
(a) Minor modifications. If a proposed amendment to a site plan represents only a minor modification to the approved site plan, the applicant shall submit an Administrative Amendment application to the Planning Director who shall act upon such application within ten business days of its receipt. Minor modifications shall include the following:
1. A less than 5% increase, or any decrease, in the floor area or number of dwelling units, provided that the district maximums of the subject property is not exceeded.
2. A less than 10% decrease in parking spaces, open space or livability space;
3. The minor relocation of any structure, dedicated street, easement or landscape screen in any direction from the location shown on the site plan unless deemed by the Planning Director to significantly alter the approved plan such that it would not meet the performance standards of this UDC.
(4) Substantial deviations. If a proposed amendment to a site plan deviates substantially from the approved site plan, the approved site plan shall be amended in accordance with the procedure and standards which governed its approval. Such substantial deviations include the following, in addition to any modifications not identified as minor:
(a) A 5% or greater increase in floor area or number of dwelling units;
(b) A 10% or greater decrease in parking spaces or open space;
(c) The relocation of any structure, dedicated street or easement in any direction from the location shown on the major site plan for the distances specified below based on the size of the development:
1. Twenty-five feet or more for major site plans of two acres or less;
2. Fifty feet or more for major site plans of more than two acres but less than eight acres;
3. One hundred feet or more for major site plans of eight acres but less than 20 acres; and
4. One hundred fifty feet for major site plans of 20 acres or more.
(F) Approval criteria. In approving a site plan the following shall be considered:
(1) Consistency with the adopted plans and polices of the town;
(2) Compliance with all applicable requirements of this chapter;
(3) For nonresidential and multifamily projects, the site plan displays the location of trash handling, recycling, grease bins, and other waste-related facilities employed in the normal operation of the use;
(4) Adequacy and location of parking areas and pedestrian and vehicular access points;
(5) Compliance with site construction specifications;
(6) Adequacy of stormwater facilities, water supply, sanitary sewer service, fire protection, street signs, and street lighting as evidenced by conformance with department standards, specifications and guidelines;
(7) Compliance with requirements for easements or dedications;
(8) Compliance with any applicable subdivision improvements; and
(9) If applicable, compliance with an approved master plan.
(G) Period of validity. An approved site plan shall expire two years from the date of approval unless the proposed development is pursued as set forth below:
(1) A complete building permit application has been submitted and remains valid;
(2) Where more than one building is to be built, the applicant may submit a series of building permit applications. The first application shall be submitted within two years from the date that site plan approval is granted. Each subsequent application shall be submitted within 180 days from the date of issuance of a certificate of occupancy for the previous building; or
(3) If no building permit is required, a certificate of occupancy has been issued.
(H) Building permit/certificate of occupancy.
(1) No building permit or certificate of occupancy shall be issued until the required site plan of the proposed use or development has been approved by the appropriate town officials.
(2) In order to secure a vested right for a site plan, the applicant must submit a site-specific vesting plan in accordance with § 155.718.
(I) Dedication and improvements.
(1) In the development of any property for which a site plan is required in this section, the applicant shall be required to dedicate any additional right-of-way necessary to the width required by the town for streets adjoining the property, to install curbs and gutters and pave all streets adjoining the property to town standards, and to install sidewalks in accordance with the policies and requirements of Article 6.
(2) The applicant shall bear the costs of the installation of all on-site improvements as required by this chapter, including provision for surface drainage, pavement, landscaping, and utilities. Any applicant required to install or construct off- site improvements pursuant to this section may, with the approval of the town as a condition of site plan approval, and upon a determination by the Planning Director that such improvements are not necessary or desirable at the time, but will be needed in the future, make a payment in lieu of such improvements or part thereof. The amount of any such payment shall be an amount estimated by the town to be the actual and total installation and construction costs of such improvements. The amount paid for a given improvement shall be considered total and complete payment for the improvements considered, and will preclude any further assessment of the property in the event that the town elects to install such improvements at a later date. Full payment shall be made before any building permit or certificate of occupancy is issued for any use shown on the site plan.
(3) For all master planned conditional zoning districts involving a residential component approved after January 1, 2021, recreation and open space dedication, or payment of fee-in-lieu thereof in accordance with § 155.203(H) shall be required.
(J) Guarantees of improvements.
(1) Prior to the approval of any site plan, the applicant shall submit a cost estimate and time schedule for installation of each phase of the site improvements.
(2) The town shall require a performance guarantee for all required on-site and off-site improvements. This performance guarantee shall be in the amount of 125% of the estimated cost of improvements. The guarantee shall be a surety bond, a letter of credit, or other form of guarantee that provides equivalent security to a surety bond or letter of credit, the form to be at the election of the person required to give the performance guarantee. This bond shall be in cash, certified check, or be made by a bonding/insurance company authorized to do business in North Carolina (see also G.S. § l60D-804(g)).
(3) As each phase of improvements is installed and inspected by the town, the guarantee shall be reduced to an amount equal to 125% of the reasonably estimated cost of completion of the remaining incomplete improvements.
(4) In the event that the applicant wishes to occupy any building or any portion of any building prior to the completion of the required site improvements, the bond guaranteeing improvements shall be retained by the town until the remaining required improvements are completed.
(K) Inspections of required improvements. Inspections during off-site improvements shall be made in accordance with § 155.607(D).
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)