(A) When Site Plan Required.
(1) A site plan is required when the proposed development meets any of the following:
(a) A conditional use or PUD application;
(b) Multi-family dwellings of over six (6) units; or
(c) New commercial or industrial property development.
(d) A substantial expansion of existing commercial or industrial structures defined as follows:
1. Fifty (50) percent or greater expansion of an existing structure or structures which comprise(s) one thousand (1,000) square feet or less.
2. Forty (40) percent or greater expansion of an existing structure or structures which comprise(s) one thousand and one (1,001) to ten thousand (10,000) square feet.
3. Thirty (30) percent or greater expansion of an existing structure or structures which comprise(s) ten thousand and one (10,001) to twenty-five thousand (25,000) square feet.
4. Twenty (20) percent or greater expansion of an existing structure or structures which comprise(s) twenty five thousand and one (25,001) to fifty thousand (50,000) square feet.
5. Ten (10) percent or greater expansion of an existing structure or structures which comprise(s) fifty thousand and one (50,001) square feet or more.
(Ord. 3528. Passed 6-25-13.)
(2) In order to promote the appropriate preparation of a site plan consistent with the goals and objectives of this Zoning Code, the Planning Commission may encourage and engage in informal discussions with the applicant prior to formal submission of the site plan. Such review of preliminary plans and issues will provide greater assurance that the project complies with the objectives, standards, and criteria of this Zoning Code before major design and engineering expenditures have been committed to the project. This review reduces the likelihood that major adjustments and revisions would be required as a result of deficiencies found during the formal review of the plans.
(B) Formal Applications for Site Plan Approval. All applications for site plan approval shall be submitted to the Zoning Enforcement Officer and shall contain the following information:
(1) A written description of proposed development that includes:
(a) The applicant’s name, address, and phone number;
(b) A signed statement that the applicant is the owner of the property or officially acting on the owner’s behalf;
(c) The address and parcel number of the property;
(d) The name and address of the property owner(s) of record, if the applicant is not the owner;
(e) Name and address of the engineer, architect, and/or surveyor;
(f) Project description, including the total number of structures, units, bedrooms, offices, square feet, total and useable floor area, parking spaces, employees by shift, and similar related project-specific information;
(g) Project completion schedule/development phases; and
(h) Names and addresses of all contiguous and adjacent property owners.
(2) A traffic impact study (if required according to § 154.14.02).
(3) When a Storm Water Pollution Prevention Plan (SWP3) is required in accordance with Ohio Environmental Protection Agency regulations, a copy of such plan shall be submitted with the site plan.
(4) Site plan drawing(s) which illustrate the following information:
(a) A vicinity map drawn at a scale of 1” = 2000’ and a site/landscape plan at a scale of not less than one inch equals 50 feet, with north arrow indicated;
(b) The gross and net acreage of all parcels in the project;
(c) Land uses, zoning classification, and existing structures on the subject parcel and adjoining parcels;
(d) Location of proposed and/or existing property lines, dimensions, legal descriptions, setback lines, and monument locations;
(e) Existing topographic elevations at two-foot intervals, proposed grades, and direction of drainage flows;
(f) Location and type of existing trees on the site with a diameter of six inches (6") or more at four and one-half feet (4-1/2') feet above grade. Included with the location of the tree should be the associated “drip line;”
(g) Location and elevations of existing watercourses and water bodies, including natural and/or man-made surface drainage ways, flood plains, and wetlands;
(h) Location of existing and proposed buildings and intended uses thereof, as well as the length, width, and height of each building;
(i) Proposed location of accessory structures, buildings, and uses including, but not limited to, all flagpoles, light poles, bulkheads, docks, storage sheds, transformers, air conditioners, generators, and similar equipment, and the method of screening where applicable;
(j) Location of existing public roads, rights-of-way and private easements of record, and abutting streets;
(k) Location and dimensions of proposed streets, drives, curb cuts, and access easements, as well as acceleration, deceleration, and passing lanes (if any) serving the development;
(l) Location, design, and dimensions of existing and/or proposed curbing, barrier-free access, carports, parking areas (including indication of all spaces and method of surfacing), fire lanes, and all lighting thereof;
(m) Location, size, and characteristics of all loading and unloading areas;
(n) Location and design of all sidewalks, walkways, bicycle paths, and areas for public use;
(o) Location of water supply lines and/or wells including fire hydrants and shut off valves, and the location and design of storm sewers, retention or detention ponds, waste water lines, clean out locations, connection points, and treatment systems including septic systems, if applicable;
(p) Location of all other utilities on the site including but not limited to natural gas, electric, cable TV, telephone, and steam;
(q) Proposed location, dimensions and details of common open spaces and common facilities such as community buildings or swimming pools, if applicable;
(r) Location, size, and specifications of all signs and advertising features;
(s) Exterior lighting locations with area of illumination illustrated, as well as the type of fixtures and shielding to be used;
(t) Location and specifications for all fences, walls, and other screening features with cross- sections;
(u) Location and specifications for all proposed perimeter and internal landscaping, and other buffering features. For each new landscape material, the proposed size at the time of planting must be indicated. All vegetation to be retained on the site must also be indicated, as well as its typical size by general location, or range of sizes as appropriate;
(v) Location, size, and specifications for screening of all trash receptacles and other solid waste disposal facilities;
(w) Location and specifications for any existing or proposed above or below ground storage facilities for any chemicals, salts, flammable materials or hazardous materials, as well as any containment structures or clear zones required by government authorities;
(x) Identification of any significant site amenities or unique natural features;
(y) Identification of any significant views onto or from the site, to or from adjoining areas; and
(z) North arrow, scale, and date of original submittal and last revision.
(C) Site Plan Review.
(1) Approval Process. All applications for site plan approval shall be submitted to the Zoning Enforcement Officer. Once deemed to be complete, the Planning Commission shall review all submitted materials and may approve (or approve with modifications) a site plan and authorize the issuance of a zoning certificate upon finding said plans are consistent with the purposes, objectives, and requirements of this Zoning Code.
(a) The Planning Commission shall take action on any site plan submitted under this section within sixty (60) days from the time the Zoning Enforcement Officer receives a complete submission of required materials. Any person submitting a site plan may agree to a longer review period by the Planning Commission.
(b) Prior to authorizing the issuance of zoning certificates, the Board may seek expert advice or cause special studies to be made for input to its review of any plans or proposals submitted. Proposed building plans shall be reviewed by building officials and authorized representatives of the Fire Department to assure conformance with appropriate fire, safety, building, and sanitary conditions.
(c) The applicant may be requested or may volunteer to provide additional information or re- study all or part of the proposal, or to have additional studies done. The costs of securing expert advise or studies shall be borne by the applicant, but in no event shall such cost exceed the sum of one thousand dollars ($1,000) unless agreed to by the applicant. The Planning Commission may submit any or all site plans and proposals to any other similar organization for review and recommendations prior to acting on any such plan.
(d) When a particular site plan involves a variance request and/or conditional use approval, the Planning Commission may consider such matters concurrently with site plan approval provided all other applicable hearing and notification requirements are met.
(2) Review Criteria. All site plans shall be reviewed on the basis of uniform criteria that advance the principals of good site design to provide safe vehicular access and pedestrian movement. Site plans shall also be reviewed on the basis of achieving site designs that will promote a healthy natural and built environment for residents and will advance principles defined in applicable community planning documents and this Zoning Code. Specific approval criteria include the following:
(a) The site plan shall show (consistent with the findings of a Traffic Impact Study if included) that a proper relationship will exist between thoroughfares, service roads, driveways, and parking areas to encourage pedestrian and vehicular traffic safety on both public and private lands.
(b) All development features, including the principal buildings, open spaces, service roads, driveways and parking areas, shall be so located and related as to minimize the possibility of adverse effects upon adjacent development.
(c) Building location and placement shall be developed with consideration given to minimizing removal of trees (in accordance with former § 154.13.01(B)(1)(f) and change of topography.
(d) Maximum visual and auditory privacy for surrounding properties and occupants shall be provided through the design of the relationship among buildings, fences and walls, landscaping, topography, and open space.
(e) Parking area landscaping and screening shall channel traffic flow in a safe manner, and on-site traffic circulation shall be designed to provide adequate access for fire and police protection, and minimize interference with the traffic carrying capacity of adjacent streets.
(f) Refuse storage and pick-up facilities shall be indicated on the site plan and shall be fenced, screened, or landscaped to prevent blowing or scattering of refuse, and to provide an adequate visual barrier from locations both on- and off-site.
(g) All utilities on-site shall be located underground.
(h) Grading and surface drainage provisions shall be designed to minimize adverse effects on abutting properties, streams, and public streets, and to minimize the possibility of erosion in a manner consistent with the requirements of a Storm Water Pollution Prevention Plan (SWP3).
(i) The design and construction standards of all private roads, driveways, and parking areas, shall conform to the provisions of former § 154.12.01 and/or as may be recommended through engineering review. All private streets, driveways, and parking areas are to be of a useable shape and improved with asphalt, concrete, or other durable and dustless pavement or surface.
(j) When a proposed site plan includes a conditional use and/or variance, respective standards and conditions contained in Sections 154.06.01 and 154.07.01 shall be met.
(3) Action on Site Plans.
(a) The Planning Commission shall take one of three actions on a site plan as described below:
1. A site plan may be approved as submitted.
2. A site plan may be approved with modifications expressly stated in a motion passed by the Planning Commission.
3. A site plan may be approved as submitted (or with modifications) in phases as described in subsection F of this Section.
(b) Within 180 days following action by the Planning Commission, the applicant shall obtain a Zoning Permit in accordance with the requirements in § 154.05.07.
(D) Conformance with Approved Site Plans. All aspects of the development shall conform to the approved site plan.
(E) Amendments to Approved Site Plans. Amendments to approved site plans may be made in the same manner as an original site plan approval except that an applicant need not resubmit information that has already been submitted as part of a previous site plan review process.
(F) Phased Site Plans. In order to assure that a project will be developed in a manner consistent with the purposes of this Zoning Code, the Planning Commission may require or agree that the site plan(s) for a project be submitted indicating development in phases, if such project can logically be divided into phases. The Planning Commission shall review the entire project for conformance with all applicable regulations in this Code and shall give preliminary approval to the entire project if it so conforms. However, the Planning Commission shall also have the power to limit final approval and authorization for the Zoning Enforcement Officer to issue zoning or conditional zoning certificates to one section or phase of the total development at a time. Approval of subsequent phases shall be given subject to the following:
(1) Upon substantial compliance with the site plan(s) given preliminary approval; and
(2) Upon conformance with all applicable regulations of this Zoning Code; and
(3) Upon a finding by the Planning Commission that all preceding phases conform to all requirements of this Zoning Code and conform to approved site plans.
HISTORY: (Newly proposed)
(G) Guarantee for Installation of Public Improvements.
(1) All site improvements shall conform to the approved site plan and construction plans.
(2) To provide assurance to the City that public improvements will be completed once construction has begun, the developer shall furnish a bond executed by a surety company, letter of credit, or certified check equal to the cost of construction of such public improvements as shown on the approved plans, and based on an estimate approved by the City Manager as advised by the Service Director and in a form approved by the Law Director. Such surety shall be provided prior to issuance of a building permit for the project. Letters of credit shall not permit draws by the developer without the express approval of the City.
(a) For the purposes of this section, construction shall be defined as any man-made change to improved or unimproved real estate related to one or more of the following public improvements: earth-disturbing activities including clearing, excavating, filling, and grading of property; driveway approaches; sidewalks; street surfacing; curbs, gutters, and public sanitary sewers; public water supply; stormwater detention facilities; stormwater best management practices for runoff quality; and street signs.
(3) The performance bond, letter of credit, or certified check shall run to the City and shall provide that the developer, his heirs, successors and assigns, their agent or servants, upon commencement of construction, will comply with all applicable terms, conditions, provisions and requirements of these regulations; will faithfully perform and complete the work of constructing and installing all public improvements in accordance with such laws and regulations; will complete all public improvements prior to issuance of a final occupancy permit for the project; and will complete all public improvements within one (1) year from the date of final approval of the building permit, but the bond or letter of credit will run indefinitely until released by the City. In no case shall the work be completed after one (1) year from the date of final approval of the building permit, unless an extension is granted by the City as specified below.
(4) Upon commencement of construction, if the installation of any public improvement, for which guarantee has been made by the developer in the form of bond, letter of credit, or certified check, is not completed within one (1) year from the date of final approval of the building permit, the developer may request the City to grant an extension of six (6) months, provided (s)he can show reasonable cause for inability to complete said public improvement(s) within the required one (1) year. A maximum of two six-month extensions may be granted. At the expiration of the extension(s), the City will use as much of the bond, letter of credit, or certified check as necessary to complete the construction of the public improvements.
(5) All public improvements located within the public right-of-way shall be completed within 14 days of initial excavation, unless an extension is granted for reasonable cause by the City Manager as advised by the Service Director and Director of City Planning.
(6) As required public improvements are completed, approved, and accepted, the City Manager, as advised by the Service Director and Director of City Planning, may reduce the amount of the performance bond, letter of credit, or certified check.
(7) Periodic inspections during the installation of public improvements shall be made by the City to ensure conformity with the approved plans and specifications as required by these regulations.
(8) The developer shall schedule required inspections at least forty-eight (48) hours in advance with proper administrative officials.
(9) The absence of an inspector from a project during construction shall not relieve the developer from full responsibility under this agreement. Upon acceptable completion of installation of the required public improvements, the City Manager as advised by the Service Director and Director of City Planning shall issue a letter to the developer or his/her agent and such letter shall be sufficient evidence for the release by the City.
(10) When the Service Director and Director of City Planning, following final inspection of a project, certify to the City Manager that all public improvements have been constructed in accordance with City specifications, the City Manager may proceed to accept the facilities for which bond, letter of credit, or certified check has been posted.
(11) Whenever public improvements have not been constructed in accordance with the agreement and with specifications as established, the City Manager as advised by the Service Director and Director of City Planning may exercise his/her rights of foreclosure under the bond, letter of credit, or certified check.
(12) Should construction not commence prior to expiration of the building permit and any extensions granted in accordance with this section, the performance bond, letter of credit, or certified check shall be released in its entirety by the City. (Ord. 3477. Passed 4-12-11.)