[Amended 11-1-1995 by Ord. No. 95-2[1]]
For the purpose of promoting compatible development and stability
of property values, and to prevent impairment or depreciation of property
values, no person shall commence any use or erect any structure, without
first obtaining the approval of the Plan Commission of a detailed
site plan(s) as set forth in this article. All single-family dwellings
located on lots (and their associated accessory structures), two-family
dwellings located on lots (and their associated structures), and agricultural
structures (in the R-1, EA, AT, GA and HFA Districts only) are deemed
exempt from the requirements of site plan review. The Plan Commission
shall review the site, natural resource features of the site, site
intensity of use, building location, density of dwelling units, floor
area, impervious surface area, existing and proposed structures, architectural
plans, neighboring uses, potential impacts upon neighboring uses,
utilization of landscaping and open space, off-street parking and
loading areas, driveway locations, loading and unloading in the case
of commercial and industrial uses, highway access, traffic generation
and circulation, drainage, sewerage and water systems, and the proposed
operation.
The Plan Commission will approve said site plan(s) only after
determining that:
A.
Conformity of use to zoning district. The proposed use(s) conform(s)
to the uses permitted as either a permitted use or special use (whichever
is applicable) in the zoning district.
B.
Dimensional requirements. The dimensional arrangement of buildings
and structures conforms to the required area, yard, setback, and height
restrictions of this chapter.
C.
Site intensity and site capacity calculations to be reviewed. The requirements of Article VIII of this chapter shall be met. In this respect, the necessary worksheets for determining the maximum site intensity, or development capacity, of the site shall be submitted to the Plan Commission for review and approval.
D.
Use and design provisions. The proposed use conforms to all use and
design provisions and requirements (if any) as found in this chapter
for the specified uses.
E.
Relation to existing and proposed streets and highways. There is
a proper relationship between the existing and proposed streets and
highways within the vicinity of the project in order to assure the
safety and convenience of pedestrian and vehicular traffic. In the
case of arterial streets and highways not under the jurisdiction of
the Town of Barton, that the applicable highway authority (county,
state, or federal) has been contacted and the needed permits have
been obtained and submitted to the Town for review.
F.
Impacts on surrounding uses. The proposed on-site buildings, structures,
and entryways are situated and designed to minimize adverse effects
upon owners and occupants of adjacent and surrounding properties by
providing for adequate design of ingress/egress and interior/exterior
traffic flow, stormwater drainage, erosion, grading, lighting, and
parking, as specified by this chapter or any other codes or laws.
G.
Natural resource features protection. Natural features of the landscape are retained to enhance the development on the site, or where they furnish a barrier or buffer between the project and adjoining properties used for dissimilar purposes, or where they assist in preserving the general safety, health, welfare, and appearance of the neighborhood. The requirements set forth in Articles XV, XXI and XXX are to be met. Where required, a natural resource protection plan meeting the requirements set forth in Article XXI has also been submitted for Plan Commission review and approval.
H.
Required landscaping and landscape buffer yards. Adverse effects of the proposed development and activities upon adjoining residents or owners are minimized by design and installation of landscape buffer yards to provide for appropriate screening, fencing, or landscaping as required in Article XVIII of this chapter. Where required, a landscape plan meeting the requirements set forth in Article XXII has also been submitted for Plan Commission review and approval.
I.
Provision of emergency vehicle accessibility. Land, buildings, and
structures are readily accessible to emergency vehicles and the handicapped.
J.
Building location. No building shall be permitted to be sited in
a manner which would unnecessarily destroy or substantially damage
the beauty of the area, particularly insofar as it would adversely
affect values incident to ownership of land in the area, or which
would unnecessarily have an adverse effect on the beauty and general
enjoyment of existing structures on adjoining properties.
K.
Location and design of loading facilities. No loading facility shall
be permitted to be designed or sited in a manner which would unnecessarily
destroy or substantially damage the beauty of the area, particularly
insofar as it would adversely affect values incident to ownership
of land in the area, or which would unnecessarily have an adverse
effect on the beauty and general enjoyment of the existing structures
on adjoining properties.
L.
Consistency with the intent of this chapter. The site plan is consistent with the intent and purposes of this chapter, which is to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to avoid the overcrowding of population, to lessen congestion on the public roads and streets, to reduce hazards of life and property, to facilitate the implementation of the Town of Barton Comprehensive Plan or component thereof, and those other purposes and intents of this chapter set forth in Article I of this chapter.
M.
Consistency with the intent of the Town of Barton Comprehensive Plan.
The site plan is consistent with the public goals, objectives, principles,
standards, policies, and design criteria set forth in the Town-adopted
Comprehensive Plan or component thereof.
N.
Plan Commission reserves the right to determine a site unsuitable for planned use. Pursuant to the requirements of § 500-14B(3) of this chapter, the Plan Commission reserves the right to declare land or structures unsuitable for planned use during the site plan review process.
A.
The site plan(s) and related plans and data shall be submitted to
the Zoning Administrator, who shall transmit all site plan review
applications and their accompanying site plan(s) and related plans
and data to the Plan Commission for its review and approval. Fourteen
full-size copies of said site plan shall be submitted with 14 copies
of the site plan review application.
B.
Site plan(s) submitted with site plan review applications shall include
the following:
(1)
Scale and name of project. Site plan drawn to a recognized engineering
scale with the name of project noted.
(2)
Owner's and/or developer's name and address. Owner's and/or
developer's name and address noted on the site plan.
(3)
Architect and/or engineer's name and address. Architect and/or
engineer's name and address noted on the site plan.
(4)
Date. Date of site plan submittal with all dates of revision
noted on the site plan.
(5)
Scale and site size. The scale of drawing and the size of the
site (in square feet or acres) noted on the site plan.
(6)
Existing and proposed topography. Existing and proposed topography
shown at a contour interval of not more than two feet at National
Geodetic Vertical Datum of 1929 (mean sea level) noted on the site
plan. A site grading plan may also be required by the Zoning Administrator
and/or Plan Commission.
(7)
Soils data. The characteristics and types of soils related to contemplated specific uses noted on the site plan. Soil borings may be required by the Town Engineer, Zoning Administrator, and/or Plan Commission meeting those requirements set forth under § 500-14B(3)(b) of this chapter.
(8)
Off-street parking spaces, loading, ingress and egress, and
driveway locations of adjoining properties. The total number of off-street
parking spaces, loading areas, drives, curb cuts, and vehicular ingress
and egress locations to the site. If the proposed development abuts
an existing or planned collector or arterial street or highway, as
identified on the Town of Barton Comprehensive Plan or component thereof,
all driveway locations of all adjoining properties within 200 feet
of the site shall be graphically indicated and dimensioned (with distances
and widths noted) on the site plan.
(9)
Type, size, and location of all structures and signs. The type,
size, and location of all structures and signs with all building and
sign dimensions noted on the site plan.
(10)
Building height. Height of all building(s), including both principal
and accessory, expressed in both feet and stories noted on the site
plan.
(11)
Existing and proposed street names. Existing and proposed street
names noted on the site plan.
(12)
Existing and proposed public street rights-of-way or reservations.
Existing and proposed public street rights-of-way or reservations
and widths with existing or proposed center-line elevations, pavement
type, fire lanes, walks, curbs, gutters, culverts, etc., shall be
indicated on the site plan.
(13)
Building and yard setbacks. All building and yard setback lines
shall be graphically indicated on the site plan.
(14)
North arrow. A North arrow shall be indicated on the site plan.
(15)
Proposed sanitary sewers, storm sewers, and water mains. Existing
and general location of proposed sanitary sewers and/or on-site sewage
disposal system, storm sewers (including direction of flow), water
mains, and fire hydrants. All locations for the proposed connections
to such utilities shall be indicated on the site plan.
(16)
Proposed stormwater management facilities. Location of any proposed
stormwater management facilities, including detention/retention area(s),
and the submission of stormwater calculations which justify the stormwater
detention/retention area(s). Said submission shall indicate how the
planned stormwater drainage system meets the requirements of the Town's
stormwater management plan or other Town stormwater drainage policies.
(17)
Natural resource protection plan required. Location of natural resource features present on the site, as defined in Articles XV and XXX of this chapter. A natural resource protection plan meeting the requirements of Article XXI of this chapter shall be submitted with the site plan review application for Plan Commission review and approval. The natural resource protection plan should include any areas of the site where natural resources are to be mitigated and how and where the mitigation is to take place with natural resource protection easements indicated. Copies of any letters of review or permits granted by applicable federal or state regulatory agencies having jurisdiction over said natural resources shall also be submitted.
(18)
Landscape plan required. Where landscaping as required in Article XXII of this chapter is to be installed on the site, a landscape plan meeting the requirements set forth in Article XXII of this chapter shall be submitted with the site plan review application for Plan Commission review and approval.
(19)
Site intensity and capacity calculations to be submitted. The site intensity and capacity calculation worksheets required under Article VIII for determining the maximum site intensity, or development capacity, of the site. For residential uses, the maximum number of dwelling units permitted on the site shall be determined based upon the zoning district's maximum density (gross and net), the natural resources present on the site and the level of their preservation, minimum open space ratio, and the residential development option selected. For nonresidential uses, the maximum floor area permitted on the site shall be determined based upon the zoning district's allowable maximum floor area ratio (gross and net), the natural resources present on the site and their level of preservation, the minimum landscape surface ratio, and building height in feet and stories.
(20)
Pedestrian sidewalks and walkways. The location of pedestrian
sidewalks and walkways.
(21)
Development staging/phasing. A graphic outline of any development
staging or phasing which is planned noted on the site plan.
(22)
Architectural plans, elevations, and perspective drawings and sketches. Architectural plans, elevations, and perspective drawings and sketches illustrating the design, character, materials, and dimensions of proposed structures. At this stage of the project review process, said architectural plans, elevations, perspective drawings, and sketches do not need to meet the requirements of Article XXIII of this chapter.
(23)
Lighting plan required. A lighting plan which meets the lighting regulations set forth in Article XIX of this chapter. Said lighting plan shall indicate the location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site.
(24)
Easements. The location of all existing and proposed easements
on the site, including natural resource protection and mitigation
area easements, landscape easements, access easements, utility easements,
and all other easements.
(25)
Highway access. Copies of any letters of review or permits granted
by applicable federal, state, or county regulatory agencies having
jurisdiction over highway access, if applicable.
(26)
Market analysis. In the case of a commercial use on a parcel
of land greater than 30,000 square feet in area, a market analysis,
prepared and signed by an independent market analyst, may be required
by the Plan Commission, containing the following:
(27)
Financial plan for project implementation to be provided. A
financial plan for project implementation, acceptable to the Plan
Commission, may be required.
(28)
Project summary. A written project summary, including fiscal
impact upon the Town of Barton, operational information, building
schedule, and estimate of project value and including all site improvement
costs.
(29)
Additional data may be required by the Town. Additional data
as may be required by the Plan Commission, Zoning Administrator, or
Town Engineer to review the site plan. Such other data may include
the preparation and submittal of detailed traffic impact analyses
studies performed by a transportation engineer or fiscal impact analyses
studies.
C.
Planned unit development (PUD) site plan requirements in the PUD District. Planned Unit Development (PUD) District site plans shall meet those site plan requirements set forth in Subsection B(1) through (29) of this section. In addition to those other site plan requirements specified elsewhere in this section, Planned Unit Development (PUD) Districts shall show all buildings and their use, open space, common open space, recreation facilities, service areas, and other facilities to indicate the character of the proposed development. The submission for proposed developments in PUD Districts shall also include information and drawings depicting the following:
(1)
Utilities on and adjacent to the property. The location, size,
and invert elevation of sanitary, storm, and combined sewers; location
and size of water mains; location of gaslines, fire hydrants, electric
and telephone lines, cable television lines, and streetlights; direction
and distance to and size of nearest water mains and sewers adjacent
to the property showing invert elevations of sewers.
(2)
Zoning on and adjacent to the property. The zoning on the property
and the zoning of those properties adjacent to the property.
(3)
Proposed public improvements. The location, alignment, and width
of any proposed public improvements, including highways or other major
improvements planned by public authorities for future construction
on or near the tract.
(4)
Open space. All parcels of land intended for use as open space
shall be indicated.
(5)
General location and purpose of each building. The general location
and purpose of each building proposed for the property shall be graphically
indicated on the site plan.
(6)
A written description of the character of the proposed planned
unit development to be submitted with site plan. A written description
of the character of the planned unit development and the manner in
which it has been planned to take advantage of the flexibility of
the Planned Unit Development District regulations.
(7)
Schedule. A development schedule shall be submitted, indicating
the following:
(a)
Project phasing plan required. A project phasing, or staging,
plan is required indicating when various areas, open space, densities,
uses, and public facilities are planned to be developed with each
phase or stage. The overall design of each stage shall be shown on
the plan and through supporting graphic material.
(b)
Project phase dates and timing of development. The approximate
dates for the beginning and completion of each development phase,
or stage, shall be indicated.
(c)
Land use schedule required. If different land use types are
to be included in the planned unit development, the schedule must
include the mix or uses to be built in each stage.
(8)
Covenants and deed restrictions required. Written documentation
of the proposed agreements, provisions, declarations, deed restrictions,
or covenants which will govern the use, maintenance, and continued
protection of the planned unit development and any of its common open
space.
(9)
Density. Provide information on the density of residential uses
and the number of dwelling units by type.
(10)
Nonresidential uses. Provide information on the type and amount
of ancillary and nonresidential uses in the development.
(11)
Preliminary facility plans required. Preliminary plans for the
following facilities are required to be submitted as part of the site
plan submission:
(12)
Special studies may be required. Fiscal, traffic, or environmental
impact studies may be required when deemed appropriate by the Plan
Commission or the Town Board.
(13)
Engineering requirements and specifications. Engineering requirements and specifications are to be in conformance with the standards set forth in Chapter 340, Land Division, and other accepted engineering standards as determined by the Town Engineer.
(14)
Chapter 340, Land Division, preliminary plat requirements to be met. Where the planned unit development involves the division of land, the site plan for planned unit development (PUD) developments in the PUD District shall meet all of the requirements of a preliminary plat for subdivision requirements as set forth in Chapter 340, Land Division, as amended, prior to the approval of any planned unit development.
[Amended 11-1-1995 by Ord. No. 95-2]
The Plan Commission shall review the referred plans within 45 days following their submittal. The Plan Commission shall render a decision at a subsequent Plan Commission meeting. The Plan Commission shall not approve any site plan(s) or other required plans unless it finds after viewing the site plan review application and data that the structure or use, as planned, will not violate the intent and purpose of this chapter. The Plan Commission will approve said plans only after determining that the proposed building or buildings will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or traffic congestion, or otherwise endanger the public health or safety and provided such proposed development meets the various intent and purpose statements set forth in Article I and elsewhere in this chapter. Said decision shall be filed with the Zoning Administrator in the form of Plan Commission meeting minutes.
The Plan Commission may impose time schedules for the completion of buildings, improved off-street parking and loading areas, open space utilization, utilities, landscaping, and natural resource features mitigation. The Plan Commission may require appropriate financial sureties as deemed necessary to guarantee that improvements, including improved off-street parking and loading areas, open space areas, utilities, landscaping, and natural resource features mitigation, will be completed on schedule. [Also see § 500-129F(2)].
Any person or persons aggrieved by any decisions of the Plan
Commission related to site plan review may appeal the decision to
the Town Board. Such appeal shall be filed with the Town Clerk (or
other Town Board authorized agent) within 30 days after filing of
the decision with the Zoning Administrator.
