(a) A site plan shall be submitted to the Village for all developments. The Zoning Inspector may waive the site plan requirement for one or two family dwelling units if it is being constructed within a subdivision that has been reviewed and approved by the Village Planning Commission.
Within any commercial or industrial district, permit for the construction, exterior alteration, relocation, occupancy, or change in use of any building shall be given and no existing use shall be established or expanded in floor area, except in conformity with a site plan approved by the Planning Commission.
(b) Access Control Requirements. General standards for parking areas, circulation, and access shall be incorporated as part of the site plan. These standards are found in Sections 1139.04 to 1139.06 of this Zoning Code. As part of the site plan review process, access shall be reviewed relative to the distance from other drive approaches and from roadway intersections. The preferred method of providing access to parcels is to minimize or eliminate driveways by using service roads, rear access roads, or shared driveways. The Planning Commission may, as part of the site plan review process, require that driveways be moved, combined, re-aligned, or eliminated to reduce the potential for accidents.
(1) Conditional approval of driveways. As part of the site plan review process, the Planning Commission may approve a site plan with a specific driveway location, with the condition that an agreement be first entered into between the property owner and the Village of Lexington requiring that if a service road is constructed in the future, or if the opportunity for a shared driveway should present itself with development of adjacent property, one or more approved driveways shall be closed and measurements taken to utilize such service road or shared drive. Approval of driveways may also include restrictions on turning movements, locations, or other requirements to ensure safe and efficient traffic movement.
(2) Construction and use of service roads. When a service road is required, such improvement shall be constructed by the developer of the involved property before any occupancy or use permit is granted. When a service road is provided, all access to an adjacent property shall use that service road and no direct access to the main thoroughfare shall be provided.
(c) Traffic Impact Study. A traffic impact study shall be a requirement for site plan review if traffic generation is expected to by 100 or more trips per hour according to standards found in the ITE Manual (Institute of Traffic Engineers). A traffic impact study shall be prepared by a qualified professional engineer at the developer's expense. The traffic impact study shall investigate the feasibility and benefits of improvements such as signals, turn lanes, driveway movement limitations, and other relevant information to the site to protect the safety of the traveling public. The traffic impact study shall include the following elements:
(1) A description of the site and study area.
(2) Anticipated development of adjacent parcels.
(3) Trip generation and distribution, including a description of all assumptions used to generate findings of trip distribution.
(4) Modal split (if applicable).
(5) Traffic assignment resulting from the development.
(6) Projected future traffic volumes.
(7) An assessment of the impact that would result from driveway alternatives.
(8) Recommendations for site access and transportation improvements needed maintain traffic flow within and past the site at an acceptable and safe level of service.
(9) An evaluation of the effects the proposed development will have on the level of service and roadway capacity.
(d) Procedure for Site Plan Review. Formal submission and approval of a site plan is required before any zoning permit may be issued. Formal submission and approval of a site plan includes following the review procedures and submission requirements defined herein. Notwithstanding these requirements however, at any time prior to the formal submission and review of a site plan, an applicant may, at his or her option, submit a sketch site plan to the Planning Commission for informal review and comment. The purpose of such a sketch site plan is to provide an opportunity to conceptually discuss a proposed development and to provide general guidance to assist in the preparation of a formal site plan. A sketch site plan need not include all items described in subsection (h) hereof and informal review of the site plan need not include the notifications required under subsection (e) hereof.
An applicant for formal site plan approval shall file seven copies of a plan with the Zoning Inspector along with other required documents and an application fee. For developments also requiring conditional use approval, the procedure established in Section 1143.02 shall be followed. The Planning Commission may concurrently address the issue of site plan approval and consider a recommendation on a special use approval, and in such case, the approval of the site plan shall be contingent upon special use approval.
After reviewing an application for formal site plan approval for completeness and determining that the application and site plan is complete, the Zoning Inspector shall transmit copies of the site plan and application to the members of the Planning Commission along with other departments and agencies as deemed necessary. If all information required is not provided, the Zoning Inspector shall promptly notify the applicant of the items needed. Within 30 days following the determination that the application is complete, the Planning Commission shall meet and consider the proposed site plan, and shall make a decision concerning:
(1) The adequacy of the information presented to determine the impacts of the proposed site.
(2) The impacts of the proposed development compared to the standards established subsection (g) hereof.
(3) Whether to approve, conditionally approve, or deny, the site plan, along with any conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development.
The final action shall consist of either:
A. Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and the plan meets the standards set forth in this Zoning Code.
B. Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in subsection (g) hereof.
C. Approval of the site plan subject to any conditions, modifications, and restrictions as required to ensure that the project meets the standards for review.
If the site plan is disapproved, the specific basis for such disapproval shall be provided along with a clear description of how the site plan could be modified to be acceptable. Any re-submission of a site plan may be considered after the adjoining property owners previously notified have been provided a ten day notice by first class mail of such a subsequent meeting.
(e) Meeting Notification. Within five days following the determination that the application is complete, notices of the meeting to be held by the Planning Commission on the proposed development shall be sent, by first class mail, to all adjoining property owners within 300 feet of the proposed development.
(f) Submission Requirements. A site plan shall be prepared at a scale of one inch equal 20 feet (developments more than five acres may be drawn at a scale of one inch equal 50 feet), on standard 24" x 36" sheets, with continuation on 8 1/2" x 11" sheets as necessary for narrative. A site plan shall include all data, details, and supporting information as outlined in subsection (h) hereof.
An additional fee may be required to defray the expenses associated with the public review of the plans, including the need to retain a registered professional engineer, architect, or landscape architect, or other professional consultant to advise the Village on any or all aspects of the site plan.
(g) Standards for Review. The Planning Commission shall review the site plan and supporting documents, taking into consideration the reasonable fulfillment of the objectives listed below.
(1) Traffic. Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.
(2) Parking. Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, adequate parking, adequate lighting, and internal traffic control.
(3) Services. Reasonable demands placed on municipal services and infrastructure.
(4) Pollution control. Adequacy of methods for sewage and refuse disposal, and the protection from pollution of both surface water and groundwater. This includes controlling soil erosion both during and after construction.
(5) Nuisances. Protection of abutting properties from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, storm water runoff, etc.
(6) Existing vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is required, special attention shall be given to planting of replacement trees.
A. Amenities. The applicant's efforts to integrate the proposed development into the existing landscape through design features such as vegetative buffers, roadside planting, and the retention of open space.
B. Community Character. The building setbacks, area and location of parking, architectural compatibility, signage, and landscaping of the development, and how these features harmonize with the surrounding landscape.
(h) Site Plan Content. A site plan shall include the following data, details, and supporting plans. The number of pages submitted will depend on the proposal's size and complexity. All site plans shall be prepared by a registered professional engineer, architect, or landscape architect. Items required for submission include:
(1) Name of the project, boundaries, and location maps showing the site's location in the Village, date, north arrow, and scale of the plan.
(2) Name and address of the owner of record, developer, and seal of the engineer, architect, or landscape architect who prepared the site plan.
A. Names and addresses of all owners of record of abutting parcels.
B. All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, and abutting land uses.
C. The location and use of all existing and proposed buildings and structures within the development including building footprints, overhangs, site coverage, building-ground contact, and area. A brief description of the use of the site shall be included with an estimate of the number of employees.
D. All dimensions of height and floor area, and shall show all exterior entrances.
E. Illustrations of traffic movement, ingress and egress, and the location of all present and proposed public and private drives, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls, and fences.
F. The location, height, intensity, and bulb type (e.g., fluorescent, sodium incandescent) of all external lighting fixtures.
G. The location, height, size, materials, and design of all proposed signage.
H. The location of all present and proposed utility systems including, sewage or septic systems, water supply system, telephone, cable and electrical systems, and storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, end-walls, hydrants, manholes, and drainage swales.
I. Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the watertable, and flooding of other properties, as applicable.
J. Existing and proposed topography at a one foot contour interval. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel is within the 100-year flood plain, the area will be shown, and base flood elevations given.
K. A landscape plan showing all existing natural land features, trees, forest cover and water resources, and all proposed changes to these features including size and type of plant material. Water resources will include ponds, lakes, streams, wetlands, floodplains, and drainage retention areas.
L. For new construction or alterations to any existing building, a table containing the following information must be included:
1. Area of building to be used for a particular use such as retail operation, office, storage, etc.
2. Maximum number of employees.
3. Maximum seating capacity, where applicable.
4. Number of parking spaces existing and required for the intended use.
(i) Enforcement. The Village of Lexington shall require the posting of a surety bond or other similar performance guarantee to ensure that all planned changes within the public right of way are completed in event that the project is abandoned. The Village may suspend the zoning permit when work is not performed as required by the site plan. Site plan approval issued under this chapter shall lapse within one year if a substantial use thereof has not commenced, except for good cause.