(A) A use subject to site development plan approval as required in § 1-19-5.310 (Use Table) or subject to the site plan review process as otherwise required in this chapter shall be reviewed through 1 of 3 procedures to ensure that the proposed development complies with the requirements of this chapter. The 3 procedures are:
(1) Type I - Planning Commission. The purpose of the Type I - Planning Commission process is to provide for development review involving standards for design or review of uses permitted by this chapter which may be complex in nature requiring interpretation of County Comprehensive Plan policies or the requirements of the Frederick County Code. The Type I application shall be circulated for multi-agency review prior to Planning Commission review. Type I - Planning Commission review and approval is required for all of the following:
(a) Applications for site development plan approval where review and approval is not provided for through the Type II - Limited or Type III - Administrative site plan review processes.
(b) Modifications to a Planning Commission approved site development plan involving an increase in building height or number of floors; modifications to landscaping or screening that reduce the number of plantings or opacity required in the initial Type I - Planning Commission approval; requests for reduction in open space square footage; change in the type or square footage of an amenity; and modifications that increase the number of required parking and loading spaces.
(2) Type II - Limited. The purpose of the Type II - Limited process is to provide for development review and approval by Planning Commission authorized representatives based on standards specified in the zoning ordinance. The Type II - Limited application shall be processed at staff level and circulated for multi-agency review. Type II - Limited applications shall be restricted to modifications provided through the Type III - Administrative process or any one or more of the following minor modifications to Planning Commission approved site development plans provided that the modification does not require Planning Commission review of adequate public facilities, forest resource ordinance, or stormwater management requirements:
(a) Minor modifications to utility location;
(b) Minor modifications to parking and loading design required by physical site constraints that has no detrimental impact upon or that improves bicycle, pedestrian and traffic safety or circulation;
(c) Building footprint modifications;
(d) Minor landscaping modifications that do not constitute a material alteration of the Planning Commission approved site development plan and that do not require a Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1);
(e) Minor modifications to pedestrian pathway location, open space or amenity design to improve access, safety, or efficiency, that do not require Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1).
(3) Type III - Administrative. The purpose of the Type III - Administrative process is to provide for development review and approval by Planning Commission authorized representatives based on standards specified in the zoning ordinance. The Type III application shall be processed as a staff level single agency review and shall be restricted to any one or more of the following minor modifications, provided that the modification does not require adequate public facilities, forest resource ordinance, or stormwater management review:
(a) A change in use approved by the Zoning Administrator;
(b) Building footprint modifications of not more than 200 square feet provided that there is no increase in overall building footprint square footage;
(c) Change of permitted and approved signs;
(d) Minor landscaping modifications involving substitution of species that do not require Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1); or
(e) Other minor modifications as established by the Zoning Administrator.
(B) An applicant may request a Type I - Planning Commission review at any time during a Type II - Limited or Type III - Administrative review process.
(C) Planning Commission authorized representatives may require a Type I - Planning Commission or Type II - Limited review for a site development plan application permitted through the Type II - Limited or Type III - Administrative review process, where it is determined that the proposed modification may have an adverse impact on surrounding properties, public facilities, or is inconsistent with the initial Type I - Planning Commission approval.
(D) Each application involving site development plan approval, together with the required fee (§ 1-19-2.130) and other required plan submissions, including, but not limited to adequate public facilities ordinance studies, forest resource ordinance plans, sight-distance studies, stormwater management concepts and the information described below, shall be submitted to the Community Development Division. The Community Development Division shall not accept an application if it is determined that the information submitted is incomplete.
After the Community Development Division deems that the application is complete, the site development plan will be scheduled for a Technical Advisory Committee (TAC) meeting for review by agency representatives and representatives of the applicant. The applicant may not file for a zoning certificate and building permit with the Department of Permits and Inspections before receiving site plan approval. Applications for site plan review shall be void if approval has not been received within 3 years, beginning on the date the application was accepted. A void application shall have no further status and must be resubmitted.
(1) For all Type I - Planning Commission site plan review applications, the applicant shall place a sign within 10 feet of each property line that abuts a public road. If the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public.
(a) The Community Development Division shall provide the required sign(s).
(b) The sign(s) shall be placed on the property at least 30 days prior to the initial Planning Commission meeting at which the Type I - Planning Commission site development plan is to be considered.
(c) The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the applicant until the initial Planning Commission meeting is held.
(d) The applicant shall file an affidavit certifying that the sign(s) has been posted and maintained for the required time period.
(2) If any person removes or tampers with a posted sign during the above 30 day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.
(E) The Planning Commission may attach conditions to the approval of a site development plan in order to ensure that the proposal will conform to the provisions of this chapter.
(F) Approval of a site development plan submitted under the provisions of this division shall expire 3 years after the date of the decision by the Planning Commission or its authorized representatives unless construction has begun as defined by "start of construction" in § 1-19-11.100. The length of site plan approval may not exceed the length of the approval under the Adequate Public Facilities Ordinance (APFO) if APFO approval is required.
(Ord. 77-1-78, § 40-73(B), (C), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 85-11-343, 3-26-1985; Ord. 87-22-454, 8-4-1987; Ord. 94-06-101, 5-31-1994; Ord. 96-17-169, 8-6-1996; Ord. 00-21-263, § 1, 7-18-2000; Ord. 02-21-317, 10-15-2002; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, 7-14-2009; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)