The procedure for approval of site plans that
do not require a major subdivision for multifamily dwellings, townhouses,
manufactured home parks, hotels, motels, business, commercial buildings,
industrial buildings, or conditional uses requiring site plans shall
be as follows.
A.
Before undertaking the preparation of a land development
plan, the landowner/applicant shall attend a preliminary conference
with the Department staff to ascertain the location of proposed improvements
and to determine the zoning regulations and other requirements relating
to or affecting the proposed land development. Other County divisions
such as Parks, Inspections and Enforcement, and Engineering may be
included in the preliminary conference.
B.
The landowner/applicant is encouraged to also consult
with the Kent County Department of Public Works Director, the Kent
Conservation District, the Delaware Department of Transportation (DelDOT),
and the Delaware Department of Natural Resources and Environmental
Control (DNREC) on matters related to proposed facilities for sanitary
sewage disposal, storm drainage, and water supply intended to serve
the proposed land development.
C.
The purpose of these consultations is to assist the
landowner/applicant by furnishing information and advice, in order
to expedite matters for the landowner/applicant, save the landowner/applicant
unnecessary expense, and promote the best coordination between the
plans of the landowner/applicant and those of the County and other
public agencies.
D.
The preliminary application resulting from the preliminary
conference must be submitted within six months of the conference.
If the preliminary plan is not submitted within six months, another
preliminary conference is required and the proposal will be subject
to all current regulations.
A.
The landowner/applicant shall provide a sketch of
the property in question showing the proposed layout for development
of the property and other significant information to the Commission's
staff at the preliminary conference. The sketch plan must be submitted
to the Commission's staff at least five days prior to the preliminary
conference.
B.
The sketch plan shall include all information as required
by Appendix D, Land Development Plan Requirements, at the end of this
chapter.
C.
The Commission's staff review shall take into consideration the requirements of this chapter, Chapter 205, Zoning, and the Comprehensive Plan and shall pay particular attention to the following:
(1)
The arrangement, location and width of streets and
their relation to the topography of the site;
(2)
The arrangement, size, and location of lots and proposed
structures, as appropriate;
(3)
Drainage;
(4)
Sewage disposal and water supply;
(5)
The relation of the land development to the natural
features of the site;
(6)
The potential further development of adjoining lands
which may not yet be developed;
(7)
The compatibility of the sketch plan with the Comprehensive
Plan; and
A.
A landowner or applicant may submit a sketch plan
for any proposed land development to the Commission for review. A
submission to the Commission is encouraged, but not required.
B.
The submission of a sketch plan does not constitute
submission of an application for approval of a land development. However,
it does represent a basis for an informal discussion between the Commission
and the landowner or applicant, which may prove to be valuable to
the prospective applicant in formulating plans, documents, and other
submissions for preliminary plan approval. In the event that a landowner
or applicant submits a sketch plan, the following shall apply:
(1)
The applicant shall submit the required fees, a sketch
plan checklist, an electronic copy of the plan, and 10 copies of the
sketch plan to the Department at least 30 days prior to the Commission
meeting at which the plan may be reviewed.
(2)
In addition to furnishing copies of the sketch plan,
the landowner or applicant shall identify the name, address, and telephone
number of the holder of legal title to the land involved, the nature
of the landowner's interest in the land (whether holder of legal or
equitable title or otherwise), and the name, address, and telephone
number of the agent, if any. The applicant shall provide such information
in writing.
(3)
The Commission shall review the sketch plan, and the
Planning Director or designee shall indicate any and all review comments
pertaining to the plan to the applicant by written correspondence
per the standards of the Commission.
C.
Neither the Commission nor the applicant shall be
bound by the sketch plan; however, the subsequent preliminary plan
must conform to the sketch plan in concept and substance.
A.
After the preliminary conference with the Commission's
staff, the landowner/applicant shall prepare a preliminary plan of
the proposed land development conforming to the requirements for the
preparation of such plat as set forth in Appendix D.[1] Deadlines for submission of applications shall be established
annually by the Planning Department and shall be at least 60 days
prior to the meeting of the Regional Planning Commission.
[Amended 1-16-2007 by Ord. No. 07-02]
[1]
Appendix D is included at the end of this chapter.
B.
The Commission or its staff may establish additional
requirements for preliminary site plans and, in special cases, may
waive a particular requirement if, in its opinion, the inclusion of
that requirement is not essential to a proper decision on the project.
If an applicant wishes that a requirement be waived, such request
shall be made to the Commission or its staff in writing.
C.
The applicant shall submit the following to the Commission's
staff:
(1)
A completed application form;
(2)
A completed checklist;
(3)
Thirty-five copies of the preliminary plan or such
number of copies as determined by the Commission's staff.;
(4)
One electronic copy on compact disc or one Mylar of
a preliminary site plan;
(5)
The appropriate filing fee in accordance with adopted
fee schedule; and
(6)
Any other supporting information that the Director
or designee and/or applicant deem pertinent to the application.
D.
Following are the general requirements for site plan
submission:
E.
The Commission's staff shall review the preliminary plan to determine compliance with pertinent features of this chapter, the Comprehensive Plan of the County, and Chapter 205, Zoning. Applications determined to be incomplete by the Director or designee shall be returned to the applicant. The staff shall also refer the preliminary plan to the State Office of Planning Coordination and the Commission's Development Advisory Committee (DAC) for comment and recommendation.
F.
Planning Department staff and members of the Development
Advisory Committee will meet with the applicant and/or project engineer,
surveyor, or architect to review and comment on the technical aspects
of the site plan. The Commission's staff will summarize the results
of this discussion in a report. The Commission's staff will then send
this report to the Regional Planning Commission, the applicant, and
project engineer.
A.
During its monthly business meeting, the Regional
Planning Commission shall examine the proposed development with respect
to the following:
(1)
Internal and external traffic and circulation patterns;
(2)
Relation to major thoroughfares;
(3)
Utilities;
(4)
Drainage;
(5)
Existing or proposed community facilities;
(6)
Existing or future surrounding development;
(7)
Protection of water quality, both ground and surface,
existing or future;
(8)
Consideration of topography and the natural environment;
(9)
Preservation of trees or historic sites;
(10)
Provisions for open space; and
(11)
The general objective of ensuring a durable,
harmonious and appropriate use of the land in accordance with the
objectives of the Comprehensive Plan.
B.
Within 15 days following the business meeting at which
the preliminary plan was approved, approved subject to conditions
or disapproved, a report reflecting any comments of the Commission
shall be provided to the landowner or applicant. Any conditions placed
on the approval or the grounds of disapproval of any plat shall be
stated upon the records of the Commission and shall be included in
the report provided to the landowner or applicant.
Public hearings shall be held by the Regional Planning Commission and Levy Court for preliminary conditional use site plans in accordance with Chapter 205, Zoning, and the following procedure:
B.
A public hearing on the preliminary plan shall be conducted at a regular meeting of the Commission as soon as practicable after the filing deadline for that application, scheduled in accordance with § 187-13C.
[Amended 1-16-2007 by Ord. No. 07-02]
C.
No hearing shall be held by the Commission until notice
of time and place thereof has been provided to the applicant, property
owners within 200 feet of the subject property, and to such other
interested parties as may be determined by the Commission at least
10 days before the date of said hearing. Notice shall be provided
as follows:
(1)
The applicant shall notify by mail all property owners
within 200 feet of the extreme limits of the subdivision as their
names appear in the County tax record at least 10 days prior to the
hearing. The applicant shall provide the Department with a copy of
the notice sent to property owners and post office receipts on or
before the public hearing date.
(2)
The Department shall provide notice to the general
public of the public hearing before the Commission by publishing the
date, time, place, and nature of the hearing at least 10 days before
the hearing in a newspaper of general circulation in the County.
(3)
The Commission's staff will also post a notice outlining
the date, time, place, and nature of the hearing in a conspicuous
location on the property. The published and posted notices shall contain
reference to the time and place or places within the County where
the text, maps, and plans for the proposed development may be examined.
D.
At the hearing, the Commission shall receive a report
from its staff, together with the comments and recommendations of
the Development Advisory Committee. Interested parties shall have
the opportunity to offer testimony both in favor of and in opposition
to the proposed plan.
E.
The Commission shall review the site plan for compliance with the requirements of this chapter, Chapter 205, Zoning, and the Comprehensive Plan. Following the public hearing, the Commission shall approve, approve with conditions, or deny the plan. Any comments or conditions related to the plan shall be returned to the applicant, with other copies retained in the files of the Commission. The grounds of disapproval of any application shall be stated upon the records of the Commission, and a copy of such statement shall be furnished to the applicant. Any approval or disapproval, after its recordation by the Commission, may be appealed to the Levy Court within 30 days.
F.
The Regional Planning Commission may establish reasonable
additional requirements in conjunction with the site plan approval
to protect adjoining uses, including, but not limited to, those which
may be imposed by the Levy Court under this article. These requirements
may include, but are not limited to, measures related to:
(1)
Utilities;
(2)
Drainage, landscaping and maintenance thereof;
(3)
Lighting;
(4)
Signs and advertising devices;
(5)
Screening;
(6)
Accessways;
(7)
Curb cuts;
(8)
Traffic control;
(9)
Height and setback of buildings;
(10)
The length of time for which the conditional
use can be granted; and
(11)
The amount of space (e.g., square footage) that
can be approved for the conditional use.
G.
Following a recommendation by the Commission, the
site plan shall be forwarded for the Levy Court, with the appropriate
documentation from the Commission's staff, the DAC, and the Commission
for its review and approval.
H.
Following a recommendation by the Regional Planning
Commission, the site plan shall be forwarded to the Levy Court, with
the appropriate documentation from the Commission's staff, the DAC
and the Regional Planning Commission for its review and approval.
I.
Before approving any proposed conditional use site plan, the Levy Court shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed above in Subsection C(2).
J.
The Levy Court shall review the site plan for compliance with the requirements if this chapter, Chapter 205, Zoning, and the Comprehensive Plan. Following the public hearing, the Commission shall tentatively approve, disapprove, or conditionally approve the plan subject to specific changes or conditions. Any comments or conditions related to the plan shall be returned to the applicant, with other copies retained in the files of the Commission. The grounds of disapproval of any application shall be stated upon the records of the Commission, and a copy of such statement shall be furnished to the applicant. Any approval or disapproval, after its recordation by the Commission, may be appealed to the Levy Court within 30 days.
K.
The Levy Court may attach additional conditions in
the approval of any conditional use site plan as deemed necessary
to protect the health, safety, and general welfare of the citizens
of Kent County. Such conditions may include, but are not limited to:
(1)
No outside signs or advertising structures except
professional or directional signs;
(2)
Limitation of signs as to size, type, color, location
or illumination;
(3)
Amount, direction and location of outdoor lighting;
(4)
Amount and location of off-street parking and loading
space;
(5)
Cleaning or painting;
(6)
Construction and materials;
(7)
Connected with or disconnected from other buildings;
(8)
Exits or entrances, doors and windows;
(9)
Paving, shrubbery, landscaping or ornamental or screening
fences, walls or hedges;
(10)
Time of day or night for operation;
(11)
No structural changes;
(12)
Control or elimination of smoke, dust, gas,
noise or vibration caused by machinery;
(13)
Requirements for termination of a use based
on lapse of time or such other conditions as the Levy Court may specify;
(14)
Number of vehicles;
(15)
Numbers and types of products;
(16)
Limitation of expansions; and
(17)
Such other conditions as are necessary to protect
the health, safety, and general welfare of the citizens of Kent County.
A.
Preliminary approval of a site plan (by right or conditional use)
shall be valid for a period of 24 months following the date of approval
or conditional approval. The Department shall provide written notification
via certified mail to applicants and landowners of approved preliminary
plans at least six months prior to the expiration date.
[Amended 1-28-2020 by Ord. No. 20-2]
B.
Within 24 months following preliminary approval by the Levy Court for conditional use site plans and preliminary approval by the Commission for site plans permitted by right, a final site plan in the form of a final plat shall be approved by the Director or designee. Such site plan shall comply with the specifications of the Levy Court or Regional Planning Commission as appropriate and the requirements of this chapter and Chapter 205, Zoning. Such approved plans shall be kept on file in the Department.
[Amended 1-28-2020 by Ord. No. 20-2]
C.
Kent County shall issue permits in accordance with
the approved and filed plan. Application for building permits must
be made within 18 months of the final approval of a site plan. If
no applications for building permits are received by the Department
within 18 months, the plan shall be considered invalid and a new application
process will be required. The Commission's approval of the plan shall
be considered null and void.
A.
For minor changes or alterations to approved site
plans (conditional use and by right), formal site plan review by the
Regional Planning Commission and/or Levy Court may be waived at the
discretion of the Director or designee for conforming uses which have
previously received formal site plan approval and are applying to
expand their gross floor area by up to 5,000 square feet, provided
that such changes or amendments:
(1)
Do not negatively affect the original conditions for
approval;
(2)
Involve no changes in use;
(4)
Do not change the general character or content of
an approved development plan or use;
(5)
Have no appreciable effect on adjoining or surrounding
property;
(6)
Do not result in any substantial change of major external
access points;
(7)
Do not increase the approved number of dwelling units
or height of buildings;
(8)
Do not decrease the minimum specified yards and open
spaces or minimum or maximum parking and loading spaces; and
(9)
Do not have adverse effects on traffic operations.
If required by the Levy Court or Regional Planning
Commission, a surety bond shall be filed for or deposited in escrow
with the County or a letter of credit issued in a sum sufficient to
insure completion of requirements such as buffers or landscaping imposed
by the Levy Court or Regional Planning Commission. Such surety bond
or letter of credit shall be required prior to issuance of a certificate
of occupancy.
[Amended 9-25-2018 by Ord. No. 18-10]
The following shall be exempt from the provisions
for formal site plan review:
A.
Projects involving an aggregate impervious cover of
less than 5,000 square feet will be excluded from the formal site
plan review requirement. Such plans may be approved administratively
at the discretion of the Director of Planning Services or designee.
B.
If all equipment or all structures housing equipment
needed for the operation of a collocating broadcasting or telecommunications
tower or antenna can be sited entirely within an existing compound,
the compound being delineated either on a recorded site plan or by
use, then the addition of that equipment and/or structures will be
exempt from any site plan requirement to provide a new site plan or
revise a recorded site plan.
C.
Expansion of existing and zoning-compliant land development for which
there is no existing approved site plan, provided the expansion involves
less than 5,000 square feet of impervious cover. Such plans may be
approved administratively by the Director of Planning Services or
designee. Plot plans may be submitted in lieu of engineered drawings.
Any further expansion must be reviewed by the Regional Planning Commission
and/or Levy Court as applicable. All such expansions shall be cumulative.
If conditional use approval is required, the application shall be
processed without requiring formal engineered drawings.
D.
Accessory structures of less than 300 square feet and not requiring
a permanent foundation are exempt from both formal and administrative
site plan review.
E.
New or expanded development exempted from formal site plan review
shall comply with all applicable design criteria included in this
chapter to the greatest extent practicable. Design criteria shall
include but not be limited to landscaping, sidewalk installation,
buffer requirements, and tree preservation.
F.
The Director or designee may require letters of no objection from
applicable agencies for new or expanded development exempted from
formal site plan review.
Permits issued under an approved site plan may
be revoked by the County for failure to comply with the approved plan,
the conditions attached thereto, or other applicable regulations.
If specified conditions are met in revised plans, the Planning Director
or designee may approve issuance of building permits accordingly,
if, in his/her opinion, such changes do not substantially affect the
original approved plan or conditions attached thereto.
If a building permit is issued on the basis
of plans and applications that have been considered and approved by
the Department, the Regional Planning Commission, the County Board
of Adjustment, or the Levy Court, the permit authorizes only the use,
arrangement, and construction set forth in the plans and applications,
and any site-related variation from the plans or applications violates
this chapter.
Nothing in this article shall be interpreted
to permit a grant of variance or exception to the regulations of this
chapter or to abridge the procedures or requirements of the laws and
ordinances governing zoning or the subdivision of land.
Fees for the review of any site plan, conditional
use site plan, or revision to any site plan may be established by
the Levy Court.
