4.7.1 Applicability. All proposed development, with the exception of subdivisions and single- family dwellings on individual lots, shall be subject to the site plan review process.
4.7.2 Approval Authority. Minor site plans may be approved by the UDO Administrator if the site plan meets the following criteria:
(a) Parking lot expansions where there is no increase in floor area;
(b) Accessory uses in commercial districts; and
(c) Recreational uses in approved subdivisions.
Projects shall also be reviewed as a minor site plan where they:
(a) Do not involve multi-family dwelling units;
(b) Do not involve the development of more than ten residential units or 50,000 square feet of nonresidential space; and
(c) Do not require a traffic impact analysis.
The Planning Board shall be responsible for final action regarding all other site plans.
4.7.3 Pre-application conference. All applicants seeking site plan approval shall schedule a pre- application conference with the UDO Administrator, in accordance with Article 4.1.1.
4.7.4 Application requirements.
A. An application for site plan review shall be submitted on forms provided by the town (see Article 4.1.3 for site plan minimum requirements). In addition, applicants shall submit electronic versions of the site plan in the format as required by the town.
B. A transportation impact analysis may be required if the proposed site plan meets the thresholds established in Article 4.11 (transportation impact analysis).
C. All site plans shall clearly indicate all required open space and/or recreation area that has been dedicated or reserved. Refer to the relevant standards for subdivisions shown in Article 12.9 (Recreation Space).
4.7.5 Notice requirements. See Article 4.1.4 for notice requirements.
4.7.6 Action by the UDO Administrator.
A. Upon receipt of a completed application, the UDO Administrator shall review all site plans for conformance with the approval criteria found in Article 4.7.8. In addition, the UDO Administrator may consult with the Technical Review Committee, consultants, or with any county or state official.
B. The UDO Administrator shall prepare a staff report and shall forward the staff report to the Planning Board for review and final action.
C. The UDO Administrator shall place the item on the next available agenda of the Planning Board.
4.7.7 Action by the Planning Board.
A. Before taking action on a site plan, the Planning Board shall consider the staff report provided by the UDO Administrator.
B. The Planning Board may approve the application, approve with conditions, approve with modifications, or disapprove the application.
C. Written notification of the Board decision shall be transmitted to the applicant within ten working days of the decision.
4.7.8 Approval criteria.
In approving an application, the Planning Board shall consider the following:
A. Compliance with all applicable requirements of this ordinance;
B. Agreement with the most recently adopted CAMA Land Use Plan/comprehensive plan and any applicable local area plans;
C. Meets screening, buffering, wetlands, drainage, bulkhead, erosion control, retainer wall, and floodplain requirements;
D. For nonresidential and multi-family 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;
E. Adequacy and location of parking areas and pedestrian and vehicular access points;
F. Compliance with site construction specifications;
G. Adequacy of stormwater facilities, water supply, sanitary sewer service, fire protection and hydrants, street signs, and street lighting in conformance with state, county, and town standards; and
H. Compliance with requirements for easements or dedications.
4.7.9 Dedication and improvements.
A. In the development of any property for which site plan approval is required, the applicant shall be required to dedicate any additional right-of-way necessary to the width required by the state for streets adjoining the property, to install curbs and gutters and pave all streets adjoining the property to NCDOT standards, and to install sidewalks. Refer to Article 12 for applicable subdivision standards.
B. The applicant shall bear the costs of the installation of all on-site improvements as required by this ordinance, including provision for surface drainage, pavement, landscaping, and utilities. Any applicant required to install or construct off-site improvements pursuant to this Article may, with the approval of the UDO Administrator as a condition of site approval, and upon a determination by the UDO Administrator 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 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 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.
C. For all residential developments approved after the effective date of this ordinance, recreation and open space dedication in accordance with the standards for subdivisions contained in Article 12.
4.7.10 Improvement guarantees.
The following requirements shall apply to all site plans:
A. Prior to the approval of any application, the applicant shall submit a cost estimate and time schedule for installation of each phase of the site improvements; and
B. The town may require improvement guarantees for on-site and/or off-site improvements in conformance with Article 4.6.12 above.
4.7.11 Inspections of required improvements. Inspections during the installation of site improvements shall be made by the entity responsible for such improvements as required to certify compliance with approved site plans. The town shall accept no improvements for maintenance unless and until the requirements regarding public improvements have been met.
4.7.12 Site plan amendments. Limited changes to an approved site plan may be approved by the UDO Administrator. Changes that can be approved administratively include, but are not limited to:
Adjusting lot lines;
Increasing open space;
Reducing density;
Increasing perimeter buffering; and
Adjusting stormwater and utility locations for other permits.
In granting such approval, the UDO Administrator may consult with the Technical Review Committee.
Significant changes to an approved site plan must be resubmitted for review and approval as a new application. Examples of changes considered significant include, but are not limited to, creation of new roads, movement of roads, increased density, decreased open space, changes to ingress/egress, and reduced perimeter buffering.
4.7.13 Duration of validity. An approved site plan shall remain valid for a period of 180 days from the date of approval. After the initial 180-day period, construction or development activity must be actively pursued to maintain validity. If construction or development activity is discontinued for a period of greater than 90 calendar days, the site plan shall expire and a new application must be submitted.
4.7.14 Building permit/certificate of occupancy. No building permit or certificate of occupancy shall be issued until the required site plan of the proposed use or development has been approved.
4.7.15 Appeal. Final action on a site plan may be appealed to the Board of Adjustment and the decision of the Board shall be final.
(Ord. passed 2-3-2021)