(a) Purpose. The purpose of this section is to assure that all development of principal permitted uses within the 1-RS, 2-RS, and 3-RS meets the requirements of this chapter 7A. This review shall be applicable for all principal uses, certain accessory uses, and special exceptions within the 1-RS, 2-RS, and the 3-RS zoning districts, except for churches, museums, places of worship, temples, libraries, or schools in the 1-RS, 2-RS, or 3-RS zoning districts, which shall be reviewed pursuant to § 7A-51. At a minimum, all site plans subject to this section shall be reviewed and evaluated by the Civil Engineer, Building Official and the Town Commission. As provided in subsection (b), the Planning and Zoning Board and the Zoning Official may from time to time also be required to review and evaluate site plans pursuant to this section.
(b) Site plan approval required.
(1) A site plan must be reviewed and evaluated by the Civil Engineer, Building Official and approved by the Town Commission prior to issuance of a permit for development and construction of a principal use, an accessory use developed simultaneous with a principal use, or special exception in the 1-RS, 2-RS, or 3-RS zoning district, as provided in subsection (c).
(2) From time to time, the Town Commission may by voice vote direct that all or certain of the site plans subject to review pursuant to this section shall also be reviewed and evaluated by the Zoning Official and/or the Planning and Zoning Board. The review and evaluation authority of site plans pursuant to this section by the Zoning Official and/or the Planning and Zoning Board may also be withdrawn from time to time by voice vote of the Town Commission.
(3) Review and evaluation of site plans by the Planning and Zoning Board pursuant to this section, if provided for by the Town Commission, shall occur after review by the Civil Engineer and Building Official and prior to review and approval by the Town Commission. Upon completion of review by the Planning and Zoning Board, the Planning and Zoning Board shall make a recommendation to the Town Commission with regard to appropriate action to be taken by the Town Commission relating to a site plan reviewed pursuant to this section.
(4) Review and evaluation of site plans by the Zoning Official, if provided for by the Town Commission, shall occur prior to review and evaluation by the Planning and Zoning Board and the Town Commission. Upon completion of review by the Zoning Official, the Zoning Official shall make a recommendation with regard to appropriate action to be taken relating to a site plan reviewed pursuant to this section.
(c) Site plan review and approval pursuant to this section shall occur with regard to any of the following types of development:
(1) New construction for any principal use structure, any accessory use structure developed simultaneous with any principal use structure, or the expansion or redevelopment of any principal use structure, or use permitted by special exception, in the 1-RS, 2-RS, or 3-RS zoning districts. As used in the foregoing sentence, the term “simultaneous” shall mean that a building permit for development of an accessory use structure is to be issued within 180 days of the issuance of a building permit for new construction of, or the expansion or redevelopment of, any principal use structure;
(2) Construction or alterations that will increase the height of an existing principal use building or structure, including but not limited to additional stories, false roofs, false walls, and facades, in the 1-RS, 2-RS, or 3-RS zoning districts;
(3) Construction or alteration that will expand the footprint of an existing principal use structure or building, or use permitted by special exception, including but not limited to porches, patios, decks, balconies, or the like of an existing structure, all in the 1-RS, 2-RS, or 3-RS zoning districts; and
(4) Construction or alteration that occurs in conjunction with a change in the principal use or use permitted by special exception of an existing building or structure, all in the 1-RS, 2-RS, or 3-RS zoning districts.
(d) General consideration and site plan review for development. The Civil Engineer, Building Official and, if so directed, the Zoning Official and the Planning and Zoning Board shall ascertain that proposed lot area, lot width, lot depth, lot coverage, minimum living area, building or structure height, yard requirements, applicable ocean setback, number of stories, stormwater retention, and use of a principal structure are consistent with and adequate to meet the requirements of this Land Development Code and other applicable provisions of the Land Development Code or are or will be subject to a variance permitting the varying of applicable provisions of the Land Development Code.
(e) Procedure for obtaining site plan approval shall be as follows:
(1) Preapplication conference. The applicant shall meet with the Building Official to discuss basic site plan requirements, consider preliminary features of the site and the proposed development, and determine if the proposed use conforms to the zoning requirements of the district.
(2) Site plan checklist. The applicant shall properly fill out a checklist provided by the Building Official. This checklist will summarize the site plan, and it will be used as a guide for site plan evaluation.
(3) Preliminary site plan. Following the preapplication conference, seven copies of a preliminary site plan prepared and sealed by a civil engineer or architect, registered and licensed by the state, showing the proposed general layout and a vicinity map showing the location of abutting streets, existing and proposed use of the site, and all the factors required by subsections (d) and (f) shall be submitted to the Building Department.
(4) Review and recommendations. Applications for site plan approval shall be submitted to the Civil Engineer and Building Official, who shall review and evaluate the site plan to assure compliance with the requirements of this section, making recommendations to the Town Commission and, if applicable, the Planning and Zoning Board. If the Town Commission has directed that site plans of the type submitted are to be evaluated by the Zoning Official and/or the Planning and Zoning Board, a copy of the site plan shall be forwarded by the Building Department to the Zoning Official and/or the Planning and Zoning Board for review and evaluation to assure compliance with the requirements of this section. The Zoning Official and/or the Planning and Zoning Board shall make recommendations to the Town Commission and, if applicable, the Planning and Zoning Board.
(5) Upon completion of the review and evaluation of the Civil Engineer, Building Official and, if applicable, the Zoning Official, the recommendations with regard to approval of the site plan shall be forwarded to the Planning and Zoning Board, if review has been directed by this board. Otherwise, the site plan and recommendations shall be forwarded directly to the Town Commission and placed on the Commission's consent agenda. If directed by the Town Commission, the Planning and Zoning Board shall review and evaluate the site plan as provided by this section. Upon completion of review and evaluation, the site plan shall be forwarded to the Town Commission, together with the comments and recommendation of the Planning and Zoning Board and other staff reviewing authorities. If review has not been directed by the Town Commission to be conducted by the Planning and Zoning Board, the applicable Town staff report and recommendations shall be forwarded directly to the Town Commission and placed on the Commission's consent agenda. The Town Commission then shall review all comments and recommendations and take appropriate action with regard to the proposed site plan.
(f) Site plan requirements. Site plans shall include:
(1) Name, location, owner, and designer of the proposed development and the intended use;
(2) Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties;
(3) Date, north arrow, and graphic scale (not less than one inch equals 20 feet);
(4) Location of all property lines, existing streets adjacent to the subject property, easements, as well as proposed driveways and general lot layout, which shall also be reflected on a professionally signed and sealed survey;
(5) All proposed structures, major features, and fences, including all existing outbuildings, accessory structures and trees (whether to be affected by the construction or not) which shall also be reflected on a professionally signed and sealed survey, shall be fully dimensioned, including the height of all structures and the distance between principal and accessory structures on siteand the distance between structures and driveways, and property or lot lines;
(6) A professionally prepared drainage plan drawn to scale showing flow paths and retention areas and certifying that retention requirements are met;
(7) A professionally prepared plan drawn to scale and depicting the height dimension of the proposed structure, construction, or expansion or redevelopment thereof.
(g) Final approval to site plan.
(1) Upon the site plan being approved and a building permit being issued, the development shall be built substantially in accordance with the site plan and the plans and specifications and in such a manner that no requirements of the Land Development Code are violated. Deviations from the approved site plan being made are subject to the approval of the Town Manager, Civil Engineer and Building Official. Substantial deviations as defined by the Town Manager or Civil Engineer or Building Official require approval of the Town Commission and will follow the initial site plan approval process.
(2) Approval of a site plan shall become a binding condition on the use of the land encompassed by the approved site plan under the applicable land use classification. Upon any conveyance of any portion of such land encompassed by the approved site plan, the grantee or transferee shall also be bound by the approved site plan. All changes will be recorded with the original site plan and retained at the Town Hall.
(3) Site plans for the 1-RS, 2-RS, and 3-RS zoning districts are approved for 365 days. During that time a building permit must be applied for. In the event a permit is not applied for within that 365-day period, application must be made for a new site plan approval. Any change in the Land Development Code that occurs during that period will be applicable to the new site plan approval.
(Ord. 2010-01, adopted 3-17-10; Am. Ord. 2017-05, adopted 12-20-17; Am. Ord. 2019-06, adopted 1-15-20)