(A) Purpose and scope. The purpose of the site plan review procedure is to ensure compliance with the town’s development requirements and its design guidelines and to encourage quality development reflective of the guiding principles of the land use plan. Building permits shall not be issued, nor shall any site preparation commence for uses requiring site plan review until the site plan is approved pursuant to this chapter and approved by the Development Director. There are established submittal requirements and procedures for the review and approval of preliminary and final site plans by the town as defined in § 151.003. Preliminary and final site plans are not to be considered as being synonymous with subdivision plats as defined in the subdivision regulations of the town. Site plans dependent upon minor or major, will be reviewed by: the Development Director, Planning Commission (PC), Design Review Commission (DRC), Historic District Commission (HDC) (for parcels located within the Historic District) and the Board of Mayor and Aldermen (BMA). The procedures and requirements set forth within this chapter shall provide for the timely and effective review of development proposals by town government and various boards and commissions involved in the site plan review process.
(B) Initiation. An application for site plan approval may be initiated by the owner or entities having a contractual interest in the property for which site plan approval is requested or by the authorized agent of such owner or other person.
(C) Applicability. The following shall require site plan review and approval:
(1) All new buildings and building additions.
(2) All manufactured buildings to be moved to a parcel except prefabricated accessory structures placed on single-family residential parcels or lots in residential zones.
(3) Site alterations, including the construction of driveways, loading areas and parking areas, with the exception of single family residences.
(D) Exemptions. The following shall be exempted from site plan review:
(1) Individual single-family detached dwellings and their accessory structures.
(2) The internal construction or change in floor area of a development that does not increase gross floor area, increase the intensity of use, or affect parking requirements on a site that meets all development and site design standards of the ordinance codified herein.
(3) Temporary uses.
(4) Subdivisions.
(5) Townhouses, where each individual housing unit is located on a single, platted lot in an approved subdivision.
(E) Site plan levels.
(1) Site plans require different levels of approval depending on the intensity and type of project. Table I shows the level of approval required for the two types of site plans, classified as Tier 1 (Minor Site Plans) or Tier 2 (Major Site Plans).
Administrative Staff Review Tier 1 - Minor Site Plans | PC, DRC, HDC, & BMA Review Tier 2 - Major Site Plans |
1. Plans that propose 10,000 gross square feet or less of new, non-residential building area on an undeveloped site; | 1. Plans that propose more than 10,000 gross square feet of new, non-residential building area on an undeveloped site; |
2. Plans that propose to expand an existing, non-residential building(s) by 25% or less additional square feet; | 2. Plans that propose to expand an existing, non-residential building(s) by more than 25% additional square feet; |
3. Plans that propose 20 or less new multi-family dwelling units on an undeveloped site; or | 3. Plans that propose more than 20 new multi-family dwelling units on an undeveloped site; or |
4. Plans that propose an increase of 25% or less of the number of multi-family dwelling units within an existing project. | 4. Plans that propose an increase of more than 25% of the number of multi-family dwelling units within an existing project. |
(2) Deviations from the Tier 1 (Minor Site Plan general classification) to the Tier 2 (Major Site Plan general classification) may be made for:
(a) Plans for projects located in direct proximity to residential neighborhoods and in proximity to public parks and facilities where there is potential that the project could have adverse impacts on neighborhood traffic flow, public safety, aesthetics, noise, odor, waste, or other factors that could be detrimental to a residential area or public facility, provided that the potential impacts have not already been vetted through a variance or similar case in which the neighborhood has had an opportunity to review and comment on the issue in a public forum;
(b) Plans for projects that are located on or near environmentally sensitive areas, or those that have the potential to have an adverse impact on natural resources;
(c) Plans for projects that are located on or near areas in which there is a known potential for the presence of historical resources; or
(d) Plans for projects that are located within the downtown area or historic district.
(3) Deviations from the Tier 2 (Major Site Plan) general classification to the Tier 1 (Minor Site Plan) general classification may be made for:
(a) Plans for projects located within the boundaries of a planned development which has been approved or amended within the past three years;
(b) Plans for projects that are located in commercial or an industrial area where there is minimal potential for neighborhood impacts; or
(c) Plans for projects using PILOTs (payment in lieu of taxes), state or federal grants, or similar economic development tools.
(F) Development Director responsibilities. The Development Director or designee has the authority to approve, approve with conditions, or disapprove minor site plans as referenced below. Such action shall be based upon the review comments from the Departmental Review Team (DRT). The Development Director shall provide written notice of the decision to the applicant, along with the reasons for the decision within 30 working days. The Development Director shall have the authority to promulgate and publish standards and policies for the review of site plans as needed. The Development Director shall also on a monthly basis provide updates on any administrative approvals to the HDC, PC, DRC and the BMA.
(G) Departmental Review Team responsibilities. The Departmental Review Team (DRT) serves as the town’s staff for technical review of site plans; both minor and major. The DRT is composed of designated representatives from the following departments and divisions: Development Services (Building, Codes, Engineering, Planning), Fire Administration (Fire Marshal), Parks and Recreation, Police and Public Services. The DRT shall meet as needed to review site plan applications in an internal staff meeting, (not a public meeting) conducted by the Development Director, or designee. The DRT shall have the authority to promulgate administrative rules of policy and to establish deadlines for the administrative site plans.
(H) Appeal of site plan decisions.
(1) For Tier 1 site plans, an applicant may appeal the Development Director’s decision, or the conditions imposed by the Development Director, to the Planning Commission by filing a written notice of appeal to the Development Director within 30 days of the Development Director’s decision. The Development Director shall schedule the appeal on the next available Planning Commission agenda.
(2) For Tier 2 site plans, an applicant may appeal the recommendation or the conditions imposed by the HDC DRC, or PC, to the BMA (as applicable) by filing a written notice of appeal to the Board of Mayor and Aldermen within 30 days of the decision by the applicable entity. The Development Director shall schedule the appeal on the next available meeting of the Board of Mayor and Aldermen.
(I) Process for minor site plans.
(1) Tier 1 or minor site plans as referenced in Table 1 shall be processed administratively through town staff and consists of a one step process (a final site plan).
(2) The site plan shall contain the information in accordance with the site plan review requirements in division (Q). The site plan review will be reviewed internally by the DRT and ultimately approved by the Development Director.
(3) With the final submission of a revised site plan, the applicant shall apply for a development agreement with the Engineering Division. Upon approval of the site plan, the Development Director shall place the development agreement on the next available BMA agenda for approval.
(4) Notice of minor site plans shall be posted on the town’s website and in the newspaper.
(J) Process for major site plans.
(1) Tier 2 or major site plans as referenced in Table I shall be processed formally through the HDC (as applicable) the DRC, PC, and the BMA, and consist of a two-step process (a preliminary site plan and a final site plan).
(2) The preliminary site plan shall contain the information in accordance with the site plan review requirements in division (Q). The preliminary site plan will be reviewed by the HDC (as applicable), PC, DRC, and BMA.
(3) After the preliminary site plan is approved by the BMA, the applicant shall revise the site plan in accordance with conditions of approval imposed through the review process. Upon completion of those revisions, the applicant shall submit a final site plan to the Planning Division which will be reviewed internally by the DRT and ultimately approved by the Development Director provided that it does not substantially deviate from the preliminary site plan. Should the final plan deviate substantially from the preliminary site plan, the site plan will be forwarded to the PC for review. For the purpose of this section, non-substantial deviations shall include minor shifts in building footprint locations, parking lot aisles, spaces, and landscaping islands, minor changes to pond designs, and minor changes to building facades or signage; all of which are expected as the project moves into construction ready civil or architectural drawings. During the review of the final site plan, the applicant shall apply for a development agreement with the Engineering Division. Upon approval of the final site plan, the Development Director shall place the development agreement on the next available BMA agenda for approval.
(K) Site plan review procedure summary.
(1) Step 1 - pre-application conference.
(a) Unless waived, the applicant shall supply preliminary information in a form established by the DRT. Such information shall be submitted at least three business days prior to the pre-application conference.
(b) The purpose of the pre-application meeting shall be to review the draft site plan with the DRT to identify any initial conflicts between the draft site plan and town codes.
(2) Step 2 - site plan application.
(a) The applicant shall submit an application containing the information in accordance with the site plan review requirements in division (Q). The application shall be made within 120 days of the pre-application meeting conference (step 1), if applicable.
(3) Step 3 - DRT review and recommendation on the site plan.
(a) The Planning Division shall schedule a meeting of the DRT to review the site plan application pursuant to the standards in this subsection and the schedules maintained by the Planning Division.
(b) The HDC shall act on any necessary certificate of appropriateness prior to the final decision on a site plan if located in the Historic District.
(c) The Planning Division shall transmit, in writing, all comments and recommendations from the DRT to the applicant.
(d) From the date of receipt of the DRT comments, the applicant shall have until the deadline established by the Planning Division to address the comments and submit a revised site plan.
(4) Step 4 - decision on the site plan.
(a) For site plan applications that are decided by the Development Director, upon submittal of a revised site plan, the Planning Division in conjunction with the DRT shall prepare a final review, and make a decision to approve, approve with conditions, or disapprove the site plan application in accordance with the ordinance codified herein and state law.
(b) For site plan applications decided by the BMA, the HDC (as applicable) PC and DRC shall hold public meetings by the date established by the Planning Division and shall make a recommendation to approve, approve with conditions, or disapprove the site plan application in accordance with the ordinance codified herein and state law.
(L) Development agreement required. Where public improvements or private site improvements are required as part of site plan approval or where fees are to be assessed by the town in relation to a development project, the developer(s) shall enter into a development agreement with the town for all required public improvements and/or fees assessed for development of a project.
(1) Such an agreement shall be as provided for in the Collierville Subdivision Regulations (and other technical specifications or as modified to conform to a particular development proposal) and shall be approved as to form and content by the Town Attorney.
(2) The Development Director shall confirm the developer(s) have the development agreement prior to the development agreement being placed on the BMA agenda, unless the developer(s) disagree with any conditions or terms in the standard development agreement.
(3) Development agreements associated with site plans may be executed by the Mayor and need not be placed on the BMA agenda as full BMA authorization is not required except in the following circumstances:
(a) The applicant is in disagreement with any conditions or terms in the standard development agreement;
(b) Waivers or exceptions from standards where the BMA has the final decision are requested by the developer(s);
(c) Fees in lieu of construction are requested;
(d) A traffic study beyond daily trip generation was required (e.g. traffic impacts warrant a Level II or III Traffic Impact Study);
(e) Parkland is to be dedicated to the Town (after a recommendation from the Parks Advisory Board);
(f) Development is proposed within the limits of the floodplain (i.e. floodway or floodway fringe);
(g) A residential development of 21 dwellings/lots or greater that is not within a planned development;
(h) A nonresidential development of three lots or greater that is not within a planned development;
(i) A nonresidential site plan of over 10,000 square feet of new building area that has not received previous preliminary site plan, planned development, or conditional use permit (CUP) approval from the BMA;
(j) The BMA has applied a condition to a previous approval (preliminary site plan, planned development, or conditional use permit) stating that a development agreement approved by the BMA is needed; or
(k) If, in the opinion of the Development Director, the development could potentially cause an adverse change in the internal function of the site or create an adverse off-site impact.
(4) The development agreement may also include provisions relevant to any required private improvements given consideration as part of the approval of the site plan, including such surety as may be required to guarantee such improvements are installed accordingly.
(5) All development agreements shall cover 100% of the required public improvements by the developer(s) and shall include any and all fees associated with the development project as well as a surety such as an irrevocable letter of credit or a cashier's check for such improvements.
(6) After the Development Director confirms that the final site plan meets the Town's regulations, guidelines, and any conditions of preliminary site plan approval, the Mayor may execute the development agreement between the Town and the applicant. The date of the Mayor's execution of the development agreement begins the two-year time period that both the development agreement and the final site plan remain valid. The applicant shall commence construction on the subject property within two years of the Mayor's execution of the development agreement. Failure of the applicant to commence construction within the prescribed two-year period shall nullify and void both the site plan and the development agreement. In the event the approval of the development agreement expires, the applicant may reapply in writing to the mayor or BMA, as appropriate, for an extension of both the development agreement and site plan for approval of the site plan and development agreement.
(M) Effective period of preliminary site plan approval. The applicant shall submit the final site plan for approval by the Development Director within two years of the date of approval of the preliminary site plan. Failure of the applicant to submit the final site plan within the prescribed two- year period shall nullify and void the approval by the BMA related to the preliminary site plan. The applicant may request in writing a one-time extension of the effective period of the preliminary site plan approval from the BMA for a period not to exceed two years from the date of the BMA’s approval of the preliminary site plan.
(N) Effective period of final site plan approval. While the Development Director has the authority to approve the final site plan after staff review, the development agreement as referenced in division (L) shall be approved by the BMA. After the site plan has received approval of the Development Director, the BMA may authorize the Mayor to execute the development agreement between the town and the applicant. The applicant shall commence construction on the subject project within two years of the date of execution of the development agreement by the Mayor. Failure of the applicant to commence construction within the prescribed two-year period shall nullify and void the final site plan approval by the Development Director. The site plan and development agreement approvals are valid for the same time period as they run concurrently in accordance with division (L).
(O) Final site plan documentation. A final, approved site plan set shall be sealed by the engineer and other designers as may be applicable. Each sheet shall be denoted by the town’s official approval stamp and dated to coincide with the development agreement approval date. Multiple stamped plan sets shall be required, with the specific number to be determined by the Development Director or designee. At least one stamped plan set shall be kept on the job site at all times during construction and at least one stamped plan set shall be retained at Town Hall in perpetuity and also provided in electronic format. Sealed, as-built drawings shall also be required (in paper and electronic format) upon completion of construction depicting changes between the site plan and the actual construction. The conditions of approval from the various boards and commissions and town officials involved in the review and approval of the site plan and related design elements shall also be retained in the form of the public meeting minutes or as a report in the official file.
(P) Approval criteria. Recommendations and decisions on a site plan shall be based on consideration of the following criteria:
(1) That the proposed development is consistent with all the requirements of the zoning ordinance, design guidelines and other related codes and ordinances enforced by the town; and
(2) That the proposed development is in compliance with the applicable base district and overlay districts; and
(3) That the proposed development meets all the requirements or conditions of any applicable development approvals (e.g., outline plan, or modification of development standards as permitted and approved within a planned development).
(Q) Site plan submittal requirements. A written application for a site plan shall be filed with the Planning Division along with payment of an application fee as established by the Board of Mayor and Aldermen. The application shall contain information and exhibits as required by resolution of the Board of Mayor and Aldermen.
(Ord. 2009-12, passed 10-26-09; Am. Ord. 2012-02, passed 4-9-12; Am. Ord. 2017-18, passed 10-23-17)