Loading...
HomeMy WebLinkAboutArticle XVIIIARTICLE XVIII: SITE PLAN REVIEW PROCEDURES SECTION 544-18.1: INTENT OF SITE PLAN REVIEW The intent of site plan review is to set forth uniform procedures, well-defined application processes and information requirements. The purpose is to ensure that: 1) development of individual sites within the City of Sebastian is consistent with all applicable development standards; 2) approval of such development will be based upon the provision and availability of adequate public facilities and services coincident with the impact of the development; and 3) development is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site. SECTION 544-18.2: APPLICABILITY AND FILING PROCEDURE In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this Article. A. Fees. The fee schedule for site plan review shall be determined by resolution of the city council. B. Conformance with Zoning Regulations Required. Any such building, structure or use approved pursuant to this Article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved Site Plan. C. General Site Plan Review Procedure. All development requiring site plans shall comply with the land development regulations including Chapter III, Performance Criteria. In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefore, unless a site plan for such structure or use shall have been reviewed and approved pursuant to the provisions of this article. I. Required Pre -Application Procedures. Prior to making application for preliminary plat approval, the applicant for subdivision approval shall meet with the Planning and Growth Management Department and appropriate City staff to discuss, informally, preliminary concepts and sketches of the proposed subdivision and their relationship to these regulations. This procedure is mandatory and is intended to provide an opportunity for the applicant to receive staff assistance and advice prior to expending funds for preparing a preliminary plat. 2. Filing. Seven (7) copies of an application for site plan approval and all supporting information shall be filed with the Planning and Growth Management Department for dispersal to all appropriate intergovernmental agencies and City staff for review. 3. Application. Such application shall be in a form prescribed by the Planning and Growth Management Director. 4. Ownership/Disclosure. All applications shall include a notarized affidavit showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for site plan approval is sought, except publicly held corporations, in which case the name and address of the corporation and principal executive officers together with any majority stockholder will be sufficient. If the applicant is not the owner, the applicant must provide an original notarized statement from the current property owner authorizing representation of the specific site plan review 141*1� application. Land Development Code Page XVIII-1 City of Sebastian 6/9/2000 8:51 AM Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures 5. Phasing. A Site Plan may be phased and the initial conditions, final site plan and each phase shall be /00*� depicted on separate sheets. Additionally, a binding schedule for completion of each phase shall be included and each phase or combination of phases shall meet the requirements of this Article. D. Review by Planning and Growth Management Director. Each application shall be reviewed by the Planning and Growth Management Department and transmitted to appropriate City staff and intergovernmental agencies based upon the development issues surrounding the proposed site plan. The Planning and Growth Management Director shall review each application for compliance with all applicable land development regulations including, but not limited to, performance criteria in Chapter III, City Land Development Code, and other local, state, and/or federal laws. E. Conformance with Land Development Regulations Required. All buildings, structures or uses shall be erected, altered, installed and maintained in full conformity with the provisions of the land development regulations and approved site plans. F. Performance Bond May Be Required. A performance bond may be required from applicants as a condition of site plan approval to insure all on- or off -site infrastructure improvements are in place at the time of issuance of a certificate of occupancy. If required, such bond shall be submitted prior to issuance of building permits. The performance bond shall be furnished and payable to the City in the sum of 125% of the total cost of the engineer's estimates for extension of potable water distribution system components; sanitary sewerage system components; street improvements, including acceleration and/or deceleration lanes, traffic control devices, markings signage, and/or related street improvements; sidewalks, curbs, and/or gutters; stormwater management improvements; and/or other improvements required in the site plan approval. eo*� SECTION 544-18.3: ADMINISTRATIVE AND MAJOR SITE PLAN REVIEW DECISIONS r A site plan requiring an Administrative Site Plan Review shall be reviewed by the Director of Planning and Growth Management according to procedures stated below: A. Administrative Site Plan Review. Site Plans which meet the following criteria may be approved administratively, in accordance with this section: A proposed site plan which contains less than one thousand (1,000) square feet of impervious surface, or; A proposed site plan which is comprised of one (1) or two (2) dwelling units located east of Indian River Drive. 1. Decisions of the Planning and Growth Management Director. The review of an Administrative Site Plan by the Director of Planning and Growth Management shall be carried out in conformance with the procedures and criteria established in this Article, including, but not limited to, a review of the site plan's compliance with performance criteria stated in Chapter III of the Land Development Code. The Planning and Growth Management Director shall establish application forms and procedural guides with typical time lines in order to prevent unnecessary inconvenience and delay to the project. If deemed necessary, the Planning and Growth Management Director may schedule an administrative site plan for a regular Planning and Zoning Commission meeting in order to obtain a recommendation. After considering City staff comments (and if necessary P&Z's recommendation) the Director of Planning and Growth Management shall approve the site plan, with or without conditions, or disapprove the site plan. The Planning and Growth Management Director may attach to an approved site plan any reasonable conditions, limitations or requirements which are found necessary, in the Director's judgement, to effectuate the purpose of this article and carry out the spirit and purpose of the Comprehensive Plan and the Land Development Code. Land Development Code 6/9/2000 8:5 l AM Page XVIII-2 City of Sebastian Chapter IV: Administration of Plan Review and Subdivisions Article XVM: Site Plan Review Procedures Where a site plan is approved with conditions or is disapproved, the conditions or reasons for i10t'N disapproval, as appropriate, shall be stated in writing and shall be signed by the Planning and Growth Management Director. Such documentation shall include a cross reference to the code provisions and the Comprehensive Plan citations, where applicable, that have not been satisfied. Decisions of the Planning and Growth Management Director on an Administrative Site Plan shall be final unless appealed to the Planning and Zoning Commission. 2. Appeals of Site Plan Decisions of the Planning and Growth Management Director. Appeals of decisions of the Planning and Growth Management Director shall be to the Planning and Zoning Commission pursuant to Section 54-1-2.2(D). B. Minor Modifications. Minor modifications to approved developments shall be reviewed as an Administrative Site Plan. Minor modifications include changes such as: 1. General. Redesign and different location of pools, drives and driveways; or modifications in stairs or elevations of decks, porches, terraces and fencing; 2. Additional Parking. Addition of parking spaces, not to exceed 25%, including fractions thereof, of the total number of existing parking spaces or five (5) spaces, whichever is the lesser amount; and no such additional parking shall consume the approved landscaped area. 3. Minor Utility System Improvement. Installation of essential utility system improvements including buildings not exceeding two -hundred (200) square feet, for water and sewerage services, electric service, telephone service, drainage, landscaping and similar services. tewft� 4. Building Additions. An addition to a building which does not increase the floor area in excess of five hundred (500) square feet. C. Site Plan Development. All proposed plans not qualifying as administrative or minor modifications shall otherwise be known as site plan developments. Said plans shall commence with a review by the Director of Planning and Growth Management pursuant to the procedures and criteria established in this Article, including, but not limited to, a review of the site plan's compliance with performance criteria stated in Chapter III of the Land Development Code. The Planning and Growth Management Director shall establish application forms and procedural guides with typical time lines to prevent unnecessary inconvenience and delay to the project. 1. Review by Planning and Growth Management Director and Staff. After considering City staff comments the Director of Planning and Growth Management shall recommend approval of the site plan, with or without conditions, or shall recommend disapproval of the site plan. Where a site plan is recommended for approval with conditions or recommended for disapproval, the conditions or reasons for disapproval, as appropriate, shall be stated in writing and shall be signed by the Planning and Growth Management Director. Such documentation shall include a cross reference to the code provisions and the Comprehensive Plan citations, where applicable, that have not been satisfied. 2. Notice and Action by Planning and Zoning Commission. After notice the Director of Planning and Growth Management's written recommendations shall be presented to the Planning and Zoning Commission for final action at a regularly scheduled meeting. After considering these recommendations, the Planning and Zoning Commission shall approve the site plan, with or without conditions, or disapprove the site plan. The Planning and Zoning Commission may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary, in its judgement, to effectuate the purpose of this article and carry out the spirit and purpose of the Comprehensive Plan and the Land Development Code. Where a site plan is approved with conditions or is disapproved, the conditions or reasons for disapproval, as appropriate, the Planning and Land Development Code Page XVIII-3 Ciry of Sebastian 6/9/2000 3:51 AM Chapter IV: Administration of Plan Review and Subdivisions Article XVLII: Site Plan Review Procedures Zoning Commission shall state in the record the grounds for disapproval including appropriate Code f041� citations. Such documentation shall include a cross reference to the appropriate code provisions and the Comprehensive Plan citations, where applicable, that have not been satisfied. Decisions of the Planning and Zoning Commission on a Site Plan Development shall be final unless appealed to the City Council. 3. Appeals to Site Plan Decisions of the Planning and Zoning Commission. Appeals to decisions of the Planning and Zoning Commission shall be to the City Council pursuant to Section 54-1-2.4(G). SECTION 544-18.4: INFORMATION TO BE INCLUDED IN SITE PLAN A site plan, for the purposes of this section, shall include, but not necessarily be limited to, the following requirements. All architecture or engineering designs must be prepared and sealed by a professional architect or engineer registered in the State of Florida pursuant to Florida Statutes 471 and 481 respectively. A. General Site Plan Information 1. Title Block a. Name of Development b. Name of Owner/Developer c. Scale d. North Arrow e. Preparation and Revision Date f. Location/Street Address of Development f 2. Project Information to Be Included on Site Plan a. Zoning (include any special districts) b. Project Site Size (Acreage and/or square footage) c. Legal Description d. Square footage together with maximum allowed/proposed building coverage e. Floor Area Ratio, maximum allowed and proposed f. Impervious Surface Ratio, maximum allowed and proposed g. Pervious Surface, including maximum allowed and proposed open space and green space h. Parking spaces, including minimum required and proposed as well as total handicapped spaces provided i. Delineate location of existing and proposed structures j. Denote existing and proposed development type by land use including density/intensity k. Setbacks 1. Finished Floor Elevation m. Proposed height and elevation of the crown of the road of the lowest adjacent street n. Landscape plan in accordance with Article XIV. o. FEMA flood zone designation and map number. B. Supplemental Documentation 1. Identification of Key Persons (name, business name, mailing address, phone number). a. Owner b. Owner's Authorized Agent f°" c. Engineer and Architect d. Surveyor e. Landscape Architect and/or Environmental Consultant f. Others involved in the application Land Development Code Page XVIII-4 City of Sebastian 6/9/2000 8:51 AM Chapter IV: Administration of Plan Review and Subdivisions Article XVM: Site Plan Review Procedures g. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property, except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the names and addresses of the corporation and principal executive officers together with any majority stockholders will be sufficient. 2. Other Project Information. A general outline of the proposed development shall include the following criteria where applicable: a. Proposed stages (or phases) of development or operation and facility utilization b. Dates for each phase c. Expected date of completion d. Proposed site plan for the site e. List of all permits required to be obtained prior to building permit issuance. e. A written description of characteristics of the proposed development (i.e., number and type of residential units, floor area by land use, number of tourist accommodations units, seating or parking capacities, number of hospital beds, any proposed outside facilities or areas to be used for storage, display, outside sales, waste disposal or similar use, and any other proposed uses). f. For planned unit developments, indicate design techniques to reduce public facility costs and disturbances to natural resources and for preserving scenic quality of site. g. Buildings and siting specifications to reduce damage potential and to comply with federal flood insurance regulations. h. Protection against encroachment together with proposed mitigation measures to be employed within environmentally sensitive areas. i. Identify existing and proposed hydrant locations in relationship to building(s) and other fire protection systems. The applicant may be required by the Indian River County North Fire District to provide fire wells to augment the available water supply. j. Identify proposed utility systems, including easements for required utilities and include affidavits of service availability from appropriate public and semi-public service providers, including, but not limited to, FP&L 3. Existing Site Conditions. A general description of the existing site conditions including, but not limited to, the following: a. use b. density c. building area (if applicable) d. impervious area (if applicable) e. vegetation f. soils g. groundwater h. topography i. FEMA map designation 4. Residential Developments. If the development includes residential units, the following shall be discussed in the written description: a breakdown of the proposed residential units; tenure (i.e., owner occupied or rental); and structure type (such as single-family, duplex, multiple -family, mobile home). 5. Traffic Impact Study. A traffic impact study shall be required if trip generation thresholds are met. The study shall be prepared consistent with Indian River County Code Section 925.07. 6. Stormwater. A stormwater report shall be prepared consistent with Article XII, Surface Water Management. Land Development Code 6/9/2000 8:51 ATM Page XVIII-5 City of Sebastian Chapter IV: Administration of Plan Review and Subdivisions Article XVM: Site Plan Review Procedures 7. Intergovernmental Coordination. f001� a. Provide proof of coordination with applicable local, regional, state and federal agencies, including but not limited to those agencies cited below, that will be involved in the project: • Indian River County • Treasure Coast Regional Planning Council (TCRPC) • Florida Department of Environmental Protection (DEP) • St. Johns River Water Management District (SJRWNID • Florida Department of Community Affairs (DCA) • Florida Freshwater Fish and Game Commission (F&GC) • Florida Departmerrt of Transportation (DOT) • U.S. Army Corps of Engineers • U.S. Fish and Wildlife, including National Wetlands Survey b. Provide evidence that any necessary 'permit, lease or other permission from applicable local, regional, state and federal agencies have been obtained for any activity that will impact wetland communities or submerged land. c. In cases where intergovernmental coordination efforts are incomplete the applicant shall provide evidence of good faith efforts towards resolving intergovernmental coordination issues. C. Concurrency Facilities and Other Utilities or Services. Site plans shall satisfy concurrency management regulations cited in Article IX. This component of the plan shall identify demands on concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site together with a description of the existing infrastructure serving the site. Include the location, design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Concurrency facilities shall include the following: 1. Potable Water Supply a. Identify projected average daily potable water demands at the end of each development phase and specify the consumption rates that have been assumed for the projection. b. Provide proof of coordination with Indian River County Utilities Department. Assess the present and projected capacity of the water supply system and the ability of such system to provide adequate water for the proposed development. c. Describe measures taken to ensure the water pressure and flow will be adequate for fire protection for the type of construction proposed. d. Denote both planned system improvements required to establish and/or maintain adopted level of service and proposed funding resources to provide these improvements. 2. Wastewater Management a. Provide projection of the average daily flows of waste water generated by the development at the end of each development phase. Describe proposed treatment system, method and degree of treatment, quality of effluent, and location of effluent and sludge disposal areas. Identify method and responsibilities for operation and maintenance of facilities. Land Development Code Page XVIII-6 City of Sebastian 6/9/2000 8:51 AM Chapter IV: Administration of Plan Review and Subdivisions Article XVM: Site Plan Review Procedures b. If public wastewater facilities are to be utilized, provide proof of coordination with the Indian River County Utilities Department and the Department of Environmental Protection, if applicable. Assess the present and projected capacity of the treatment plant and the availability of sewer lines to the subject site. If septic tanks are proposed demonstrate coordination with the Indian River County Health Department. c. If applicable, provide a description of the volume and characteristics of any industrial or other effluent. d. Denote both planned system improvements required to establish and/or maintain adopted level of service and proposed funding resources to provide these improvements. 3. Water Quality. Discuss disposal areas, septic tank drain field, urban runoff areas impervious surfaces, and construction related runoff. Describe anticipated volume and characteristics. indicate measures taken to minimize the adverse impacts of potential pollution sources upon the quality of the receiving waters prior to, during and after construction. a. Identify any wastewater disposal areas, septic tank drain field, urban runoff areas impervious surfaces, and construction related runoff. Describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during and after construction. b. Describe plans for re -vegetation and landscaping of cleared sites including a completion schedule for such work. iO4'� 4. Stormwater Management. A stormwater management plan for the site shall be provided which is consistent with the requirements of Article XII. Additionally, an erosion and sedimentation control plan shall be provided. QQ 5. Solid Waste. Identify projected average daily volumes of solid waste generated by the development, including projected volumes by phase on phased projects. Indicate proposed methods of treatment and disposal. Provide proof of coordination with the Indian River County Solid Waste Disposal District to ensure compliance with concurrency management requirements of Article IX. Assess the present and projected capacity of the solid waste treatment and disposal system and the ability of such facilities to provide adequate service to the proposed development. 6. Roadway. Provide an explanation of the results of the traffic impact study as they relate to the following items: a. A projection of the expected vehicle trip generation at the completion of each development phase. b. Describe in terms of external trip generation and average daily as well as peak hour traffic. c. Evaluate the capacity of the existing roadway network serving the development. d. Provide recommendations for any required improvements to the existing network required by the proposed development including additional RIW, roadway improvements, additional paved lanes, traffic signalization, access and egress controls , and other similar improvements. 7. Recreation. Identify projected demand generated by the development and cite land and facility improvements provided to ensure the City's level of service is not adversely impacted. Land Development Code Page XVIII-7 City of Sebastian 6/9/2000 8:51 Alai Chapter IV: Administration of Plan Review and Subdivisions Article XVM- Site Plan Review Procedures %s"� D. Appearance, Design, and Compatibility. The site plan shall satisfy criteria established in Article X. 1. Site Location and Character of Use. The site plan submitted for review should be in compliance with all applicable performance criteria set forth in Chapter III of this code and any applicable overlay district criteria. a. Vicinity Map. Provide a vicinity map with project's location noted together with a general written description of the proposed development. Show relationship of site to surrounding streets and public facilities at a scale of 1 ":200'. b. Land Use Compatibility. Identify adjacent land uses including current zoning designation and conditional uses within fifty (50) feet of the boundaries for a developments requiring administrative review, and one -hundred (100) feet of the boundaries for a major development. If applicable, assess the impact of the proposed development upon unincorporated Indian River County. c. Historic and Archeological Resource Protection. Include appropriate site plan initiatives for developments impacting sites on the national register of historic places or on the State master file of historic and archaeological resources (cross reference Section 54-2-7.19). d. Subdivision of Land. If a site plan is proposed for land which has not been subdivided, the applicant shall be required to conform to the subdivision regulations, if applicable, prior to approval of the subject site plan. 2. Appearance of Site and Structures. The applicant shall submit a site plan that exhibits harmonious overall design characteristics in compliance with the performance standards stipulated in Section 54-3- /Om*� 10.2. a. Site plan. Site plans shall be drawn at a scale of one inch to 100 feet or larger. The maximum sheet size for site plans shall be a minimum of 24 inches by 36 inches. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes. The site plan shall address the following issues: (1) Existing (where appropriate) and proposed lot configuration. (2) Existing (where appropriate) and proposed building layout, including building footprints. (3) Finished floor elevations. (4) Proposed topographic contours showing proposed drainage patterns and stormwater retention measures. (5) Indicate dimensions on site plan to demonstrate compliance with setbacks and other size and dimension regulations (6) Label the proposed structures by use and/or residential structure type and number the parcels, lots and number of dwelling units as appropriate directly on the drawings. b. Architectural Drawings. All architecture or engineering designs must be prepared and sealed by a professional architect or engineer registered in the State of Florida pursuant to Florida Statutes 471 and 481 respectively. Drawings submitted for site plan approval shall include the following minimum information: Land Development Code Page XVIII-8 City of Sebastian 6i 9/2000 8:51 AM Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures /0"') (1) A scaled drawing of the side, front and rear facades of the building or structure, including roof pitch, fenestration including treatment of roof line. (2) Description of materials to be used. (3) Generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building exterior construction material, and building height. (4) Location, height and general character of perimeter or ornamental walls, fences, landscaping, including berms and other required screening devices and other plans for protecting adjacent property owners. c. Site Amenities. The site plan shall include amenities required to comply with appearance, design and compatibility regulations outlined in Article X. (1) Existing. All existing site amenities (i.e., signs, lighting fixtures, water features, etc.) shall be indicated as to location, character, color, and dimension. (2) Proposed. State the location, size, character, color, height and design of all newly proposed site amenities in the form of working drawings and/or photographs. d. Traffic Impact Study. A traffic impact study shall be submitted in accordance with Indian River County Code Section 925.07. 3. Site Survey. A topographic and boundary survey prepared by a certified land surveyor, in accordance with Chapter 61 G 17-6 F.A.C., illustrating the following: a. Proposed Development. The City shall require plans prepared by a Florida registered engineer and other competent professionals as may be required which shall demonstrate compliance with the City's surface water management performance criteria in Article XII. In addition, the plans for land excavation or fill shall demonstrate that the proposed site alterations shall include mitigation techniques designed to comply with performance criteria addressed in Article MI. b. Existing Conditions. (1) Topographic Site Survey. A topographic survey at a scale of P to 100' or larger showing topographic contours at five (5) foot intervals and extending fifty (50) feet beyond the property boundaries. Survey shall include NGVD benchmark information. (2) Water Bodies. High water elevation or boundaries of coastal shoreline and/or other water bodies and canals, both on site and within fifty (50) feet of site. Survey shall include coastal construction control line, location of mean high water and submerged lands. (3) Drainage Features and Key Elevations. Existing surface drainage characteristics of site including relationship to adjacent land areas. The site survey shall include all existing structures. Any existing structures on -site which do not comply with Federal Emergency Management Agency (FEMA) flood hazard regulations shall be identified on the survey. (4) Flood Hazard Areas. Federal Emergency Management ACP gency (FEMA) flood hazard zone or limits of 100-year flood. (5) Boundary Survey. The boundary survey shall have been prepared within twelve (12) months of application and be prepared in accordance with Chapter 61 G 17-6 F.A.C. Land Development Code 6/9/2000 8:51 AM Page XVIII-9 City of Sebastian Chapter IV: Administration of Plan Review and Subdivisions Article XVM: Site Plan Review Procedures (6) Environmentally Sensitive Areas. Boundaries of environmentally sensitive areas, including an environmental survey and audit as needed. Management plans must be submitted and approved by state and/or federal regulatory agencies for areas recognized as a habitat for species listed by the Florida Game and Freshwater Fish Commission as endangered, threatened, or species of special concern. 4. Soil Survey. As identified in the Soil Survev, Indian River Countv, Florida, U.S. Department of Agriculture, Soil Conservation Service or other competent expert evaluation. When soil suitability limitations are indicated for the proposed development, the City Engineer may require, at.the expense of the applicant, a preliminary soil analysis by a qualified soils engineer. The site plan shall comply with environmental protection criteria in Article XI. E. Environmentally Sensitive Areas. Using maps from the Federal Emergency Management Agency (FEMA) and U.S.G.S., indicate whether or not the parcel is located within a floodplain, floodway or drainageway, wetland, open water, or upland wildlife habitat. Site specific surveys may be required. 1. Proposed Impact. Illustrate how any activity or structure that will impact environmentally sensitive areas will be performed, located, constructed and/or maintained to prevent or mitigate any adverse impacts to wetland and endangered upland vegetative communities, wildlife habitats, floodplain, and other environmentally sensitive areas. 2. Shoreline Protection. If the project fronts a shoreline, illustrate any structure that may impede movement along the shoreline below the mean high water line, and demonstrate measures being taken to mitigate any such impediment. The site plans shall comply with Section 20-2-7.8: Regulation of Watercraft and applicable provisions of Section 54-3-11.4: Coastal Resource Impact Analysis. 3. General Requirement. If environmentally sensitive areas are found in or adjacent to the site the following information is necessary: a. Existing Conditions. Developers shall provide an existing vegetation map identifying boundaries of environmentally sensitive areas and indicating alterations in these areas including dredging, filling, spoil sites, canals and channels. b. Preservation. Developers shall preserve the functions of these environmentally sensitive areas and shall comply with restrictions and interpretations for development in wetlands found in Article M. Management plans must be submitted and approved by state and/or federal regulatory agencies for areas recognized as a habitat for species listed by the Florida Game and Freshwater Fish Commission as endangered, threatened, or species of special concern. F. Land Clearing, Excavation and Fill, Tree Protection, Landscaping, and Irrigation Plan 1. Land Clearing, Excavation and Fill. The site plan and all development activity shall comply with Section 54-2-7.15. The site plan shall include a statement of procedures which the developer shall carry out in order to ensure compliance with all applicable performance criteria in Article XI governing: 1) native habitat preservation (Cross reference Section 54-3-11.1, 54-3-11.4, and 54-3-11.5); 2) soil erosion control and sedimentation (Cross reference Section 54-3-11.2); 3) aquifer recharge protection (Cross reference Section 54-3-11.3); flood plain prevention (Cross reference Section 54-3-11.6); and 4) protection of native vegetation (Cross reference Section 54-3-11.5). /0""N 2. Tree Protection. The site plan shall satisfy performance criteria of Article XIV. The plan shall indicate location, size and type of existing trees as required, including all proposed tree removals requiring a tree removal permit. The relocation of trees shall be considered. The plan shall also identify existing trees to be protected and explain or illustrate method to preserve such trees during and after construction. Land Development Code Page XVIII-10 City of Sebastian 6/9/2000 8:51 AIM Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures 3. Landscaping Plan. The site plan shall satisfy the performance criteria of Article XIV as well as the open space (Section 54-2-5.10(C) and land use screening requirements of Article XIV. The landscaping plan shall include a scaled working drawing indicating planting specifications for landscaping, buffers, open spaces, recreation areas and other required landscaped areas which shall comply with those performance criteria included in Article XIV. The plan shall also show any environmentally sensitive areas and preservation areas, as well as those areas involving aquatic plantings. The Planning and Zoning Commission shall give conceptual approval of the Landscape Plan and the Planning and Growth Management Director shall give final approval of the plan. 4. Irrigation Plan. The site plan shall satisfy the performance criteria of Section 54-3-11.8 and Article XIV. The irrigation plan shall be prepared by a registered landscape architect, engineer or an irrigation contractor and shall utilize the current techniques emphasizing design efficiency and water conservation, as well as public health, safety, and welfare. The minimum requirements for plan approval shall include: a. Location and specifications for irrigation equipment; b. Design which promotes water conservation and efficient relationship of plant types to water demand; and c. Source of water for irrigation system. The Planning and Zoning Commission shall give conceptual approval of the irrigation Plan. The Planning and Growth Management Director, or his designee, shall perform an onsite inspection to insure the system has been installed to provide adequate coverage to all landscaped areas. G. On- and Off -site Parking and Vehicular, Bicycle, and Pedestrian Circulation. Site plans shall satisfy on- and off -site vehicular and bicycle circulation, and parking requirements of Section 54-3.10.3 and Article XV. Site plans shall include location, dimensions and typical construction specifications for: 1. Existing and proposed driveways, approaches and curb cuts; 2. Vehicular access points, accessways and common multi -modal access points with pavement markings or other improvements to achieve safe internal circulation without conflict among modes of travel; 3. Existing and proposed vehicle and bicycle off-street parking spaces, loading, unloading and service area space requirements; a. Number of employees and number and type of vehicles owned by the establishment; and b. Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners. 4. Other vehicular use areas; 5. Any bicycle ways as well as pedestrian ways and other pedestrian use areas; 6. Typical cross -sections, by type of improvement; 7. Traffic control devices; 8. Proposed parking surface material, pavement markings, and other related improvements; and Land Development Code Page XVIII-11 City of Sebastian 6/9/2000 8:51 ANI Chapter IV: Administration of Plan Review and Subdivisions Article XVI11: Site Plan Review Procedures 9. Dedicated easements including cross easements, indicating their purpose, design, location, alignment, 1401� dimensions, and maintenance responsibilities. H. Housing. Site plans shall include the following information: 1. If the project includes residential development, provide a breakdown of the proposed residential units by type of unit (such as single-family, duplex, townhouse, mobile home). 2. Assess the potential of the proposed development to meet local or regional housing needs. In particular, indicate any measures taken to provide low and moderate income housing. Where affordable housing is proposed include price or rental range by structure type. 3. Describe hurricane evacuation considerations that acknowledge the current evacuation and emergency operations plans, how project residents will be informed about these plans, and any developer responsibilities identified in such plans. I. Special Considerations. 1. Describe the relationship of the proposed development to city land use plans, objectives and policies. Also, indicate relationship to existing or proposed public facilities plans (such as wastewater treatment, transportation). Identify any conflicts. 2. Indicate any relationship of the project to special zoning districts (such as airport noise and hazard zones, solid or liquid waste treatment or disposal areas). 3. If the project fronts a shoreline, indicate measures to dedicate, voluntarily public access to the shoreline, such as easements or rights -of -way; and illustrate any structure that may impede movement along the shoreline below the mean high water line, and demonstrate measures being taken to mitigate any such impediment. 4. Indicate any special facilities that will be provided to accommodate bus ridership, i.e., bus stop, bus access lane, or other similar facilities. 5. Describe any special design features that will be utilized to reduce energy consumption. Further, describe any measures that will be taken to utilize solar energy or other alternative energy sources. 6. If the building is to be elevated, indicate by square footage the uses for the area between the bottom floor and the grade. 7. Indicate the size and nature of private and public recreation facilities provided on the site. 8. Provide proof of coordination with applicable local, regional, state and federal agencies (including Florida Department of Environmental Resources and Army Corps of Engineers) that will be involved in the project. 9. Provide evidence that any necessary permit, lease or other permission from the Florida Department of Environmental Protection has been obtained for any activity that will impact submerged land. 10. Provide evidence that any necessary permit or waiver from the St. Johns River Water management District or the Florida Department of Environmental Protection, as appropriate, has been obtained for any activity that will impact wetlands. Land Development Code Page XVIII-12 City of Sebastian 6/9/2000 8:51 ANI Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures J. Construction Management Plan and Inspection Schedule. In cases where the proposed development f"1 contains two or more phases and/or the project's proposed construction schedule is anticipated to exceed a period of one (1) year, the applicant shall be required to submit a construction management plan and inspection schedule as part of the site plan. 1. Content of Construction Management Plan and Inspection Schedule. The construction management plan shall specify the following: a. The timing and phasing of construction activities, including specific benchmarks for the completion of structures accommodating the principal use(s); b. A schedule of inspections which complies with the City's adopted building codes, including a program of improvements anticipated to be completed prior to each scheduled inspection; c. The building permit shall not be valid for a period exceeding two (2) years and no single phase of development shall extend for a period longer than two (2) years; d. The schedule shall acknowledge in writing that a new building permit must be obtained whenever: (1) Construction is not commenced within six months (180) days from the time the permit was released; (2) Construction activity is dormant for a period of six (6) months or more; (3) The developer fails to call for and achieve approved inspections within planned 180 day intervals as shall be evidenced in the construction schedule; and (4) A new phase of a phased development is commenced. e. The applicant shall acknowledge in writing that the applicant shall bear the burden of demonstrating that the construction activity is consistent with the site plan and has occurred in a timely manner (00-1 consistent with the approved construction management plan and inspection schedule. The applicant shall further acknowledge that upon failure to meet the inspection schedule, the building permit shall expire. A new building permit shall be required in order to undertake construction activity on a site where a building permit has expired. 2. Timing of Adjustments to the Construction Management Plan and Schedule. A building permit holder shall bear the burden of keeping a construction management plan current. Any event which may cause a delay in the permittee's compliance with the terms of a construction management plan and schedule shall brought to the attention of the Planning and Growth Management Director. Any change in the construction schedule shall be approved by the Planning and Zoning Commission. The burden shall be on the applicant to successfully negotiate and effectuate an adjustment to the construction management plan and schedule prior to a lapse in any scheduled inspection. Such lapse shall be defined as a failure to complete improvements consistent with the agreed upon construction and inspection schedule. SECTION 54-4-18.5: STAFF SUPPORT, RECORDS, AND CONSIDERATIONS A. Staff Support. The site plan review process as herein established shall be conducted by representatives from City departments responsible for reviewing land development proposals. The Planning and Growth Management Director shall be responsible for managing the site plan review process and shall coordinate with the following staff as appropriate in review of site plans: • City Engineer • Police Chief • Building Official • Planning Official • Fire Official • Any other staff designated by the City Manager. Land Development Code Page XVIII-13 City of Sebastian 6/9/2000 8:51 AM Chapter IV: Administration of Plan Review and Subdivisions Article XVM: Site Plan Review Procedures W B. Records. The Planning and Growth Management Director shall keep a record of site plan review findings, decisions and recommendations, which shall be a public record and shall be maintained in the Planning and Growth Management Department. The site plan review process for administrative and major site plans shall be carried out as described in Section 54-4-18.2 and 54-4-18..3 . C. Considerations In The Site Plan Review Process. In implementing site plan review procedures, the Director of Planning and Growth Management and City staff involved in the process shall have the authority to consider the following: 1. Whether an application and/or a plan is consistent with applicable goals, objectives, policies, standards and proposals in the Comprehensive Plan. 2. Whether all public facilities and services necessary to serve the proposed use shall be available concurrent with the actual impact of the use in question. 3. Whether the established level of service of public facilities necessary to serve the development or phase thereof shall be adversely impacted by the proposed use or activity. 4. Whether the proposed development satisfies the site plan review criteria as well as all other applicable requirements of the land development regulations, and other applicable local, state, and/or federal laws and administrative rules. SECTION 54-4-18.6: APPROVAL, DISAPPROVAL AND APPEAL PROCEDURE A. Approval Procedure. Upon the approval of such site plan as herein provided, a building permit may be issued by the Building Official if construction plans have been found to meet all building code requirements. No building permit shall be issued until the Building Official has received demonstrated evidence that all conditions of site plan approval have been satisfied. B. Appeals of Site plan Action. Any applicant for site plan approval, or any other aggrieved person having an interest therein, may file an appeal pursuant to Section 54-1-2.2(D) and Section 54-1-2.4(G). C Timing of the Release of Building Permits. In accordance with Section 54-1-2.4(G) no permits shall be granted by the Building Official until the time for appeals as herein provided shall have expired. Notwithstanding, an applicant for a building permit may be granted such permit prior to the end of the ten (10) day appeal period, if the applicant signs an affidavit acknowledging that the applicant has been put on notice by the City, that any construction undertaken prior to the end of the ten day appeal period is undertaken at the applicant's risk and such applicant shall hold the City harmless for any damage incurred should the terms of approval be altered or nullified by the City Council or the court. D. Written Decision Required for Site plan Denial. If the Director of Planning and Growth Management, Planning and Zoning Commission or the City Council denies a site plan approval, it shall specify the reasons said plan was denied with specific reference to those sections of the applicable City Ordinances on which said denial was based. No reasons other than those so stated shall be presented to the entity hearing and ruling on an appeal to a site plan decision of the Director of Planning and Growth Management, the Planning and Zoning Commission, or the City Council. Land Development Code Page XVIII-14 City of Sebastian 6/9/2000 8:51 AN1 /01 Chapter IV: Administration of Plan Review and Subdivisions Article XVIII: Site Plan Review Procedures SECTION 544-18.7: EXPIRATION, TRANSFERABILITY AND EXTENSION The site plan approval shall expire twelve (12) months after final approval, if construction has not been started as evidenced by steady and continuous progress, including the pouring of footings by said termination date. Notwithstanding, if a phased schedule for construction is approved by the City as part of the site plan approval process, such schedule shall become the standard for determining site plan expiration. Where a building permit expires the City may require revisions to the site plan to achieve compliance with the most current land development regulation and other applicable laws and ordinances. Site plan approval shall run with the land. In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changes in any way whatsoever, the site plan approval shall be transferable; however, the site plan's expiration shall still occur twelve months from the original date of the site plan approval. The Planning and Growth Management Director may extend site plan approval for twelve (12) months upon finding that the applicant has demonstrated "reasonable cause" for the extension. The burden of proof in justifying "reasonable cause" shall rest with the applicant.. Thirty days prior to the site plan expiration date, the applicant shall file an application requesting an extension with the Planning and Growth Management Department. Failure to file the required application for extension on a timely basis or failure to perform any construction on the approved site plan during the previous six months shall be considered an abandonment of the site plan. After an abandonment of the site plan, any application shall be treated as a new application. Phased site plans are subject to the same requirements for each phase. Land Development Code Page XVIII-1 5 City of Sebastian 6/9/2000 8:51 ANi