[HISTORY: Adopted by the Village Board of
the Village of Wrightstown 7-17-2007 by Ord. No. 07172007. Amendments noted where applicable.]
[Amended 12-16-2008 by Ord. No. 12162008B]
The purpose of this chapter is to establish
rules, regulations, standards, and procedures for approval of new
multifamily, business, institutional, and industrial development proposals
and the expansion of existing multifamily, business, institutional
uses, and industries within the Village of Wrightstown in order to:
A.
Provide for safe, efficient vehicular and pedestrian
circulation.
B.
Provide for screening, landscaping, signage, and lighting.
C.
Ensure efficient, safe, and attractive land development.
D.
Provide for compliance with minimum design standards
to ensure proper building arrangements and minimal adverse effect
on adjacent properties.
E.
Develop proper safeguards to minimize the impact on
the environment.
F.
Ensure the provision of an adequate water supply,
drainage, and stormwater management, sanitary facilities, and other
utilities and services.
G.
Encourage modern and innovative design, construction,
technology, and planning methods.
H.
Implement the recommendations of the Village of Wrightstown
Comprehensive Plan.
A.
Within the Village of Wrightstown, when a building
permit is required for a proposed new development, to expand an existing
development, or to facilitate a change in use of a development within
the M-F Multifamily District, B-1 General Business District, I-1 General
Industrial District, and nonresidential development within the R-1
Residential District, site plan approval is required prior to issuance
of the building permit or beginning any site preparations.
[Amended 12-16-2008 by Ord. No. 12162008B]
B.
No structure shall be erected, converted to a different
use, enlarged, or reconstructed, and no structure or land shall be
used for any purpose or in any manner which is not in conformity with
the provisions of this chapter.
C.
Where permitted and prohibited uses, site and landscape
regulations, building design criteria, off-street parking and loading
requirements, and other regulations contained herein are either more
or less restrictive than comparable conditions imposed by provisions
contained in the Village of Wrightstown Zoning Ordinance[1] or of any other law, ordinance, rule, resolution or regulations,
the requirements that are more restrictive or which impose a higher
standard shall govern.
D.
Exceptions.
(1)
Existing and new development within the boundary of
the Wrightstown Industrial Park is exempt from this chapter, provided
existing and new development shall continue to comply with the restrictive
covenants that apply to the industrial park.
(2)
General maintenance and repair of existing structures
in the M-F, B-1, and I-1 Zoning Districts and nonresidential structures
in the R-1 Zoning District, provided that there are no structural
additions or subtractions and/or the use of the structure does not
change.
[Amended 12-16-2008 by Ord. No. 12162008B]
A.
Presubmittal meeting. Prior to the submittal of a
site plan, the developer shall meet with the Administrator and/or
other appropriate Village staff to discuss zoning district, site plan,
timelines, and other Village requirements. Such meeting should occur
prior to any extensive outlay of funds on the part of the developer
since it is intended to identify potential problems and methods to
alleviate them and to encourage a cooperative effort between the developer
and the Village.
B.
Application for site plan review.
(1)
The petitioner shall apply to the Village of Wrightstown for the scheduling of an appearance before the Plan Commission a minimum of two weeks prior to the regularly scheduled Plan Commission meeting. The appearance before the Plan Commission shall not be scheduled unless the application is complete. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said application is complete per all the applicable requirements of § 207-4. The item may be placed on an agenda as a discussion-only item, without an application.
(2)
In order for an application to be considered complete
and forwarded to the Plan Commission for review, the applicant shall
submit to the Village Clerk 12 copies of all site plans. All plans
shall be drawn to an engineering scale no greater than one inch equals
100 feet plus one complete set of such plans reduced in size to 11
inches by 17 inches.
A.
Fee. A fee consistent with that identified in Chapter 102, Fees and Penalties, of the Municipal Code of the Village of Wrightstown shall be submitted with the application for site plan review.
B.
Site plan requirements. A site plan submitted to the
Village of Wrightstown for review shall contain the following information,
as applicable:
(1)
Name of project/development.
(2)
Location of project/development by street address
and/or tax parcel number.
(3)
Name and mailing address of developer/owner.
(4)
Name and mailing address of engineer/architect.
(5)
North arrow.
(6)
Scale.
(7)
Boundary lines of property, with dimensions.
(8)
Two-foot contours on the subject property and extending
from the subject property a minimum distance of 25 feet in all directions.
(9)
Location, identification, and dimensions of existing
and proposed:
(a)
Topographic contours at a minimum interval of
two feet.
(b)
Adjacent streets and street rights-of-way.
(c)
Private streets and public street rights-of-way.
(e)
All existing and proposed buildings and structures
(including numbers of units within each proposed building and/or structure).
(f)
Parking facilities.
(g)
Water bodies, wetlands, and floodplains.
(h)
Stormwater ponds, drainage ditches, and drainage
patterns.
(i)
Sidewalks and walkways.
(j)
Bicycle facilities.
(k)
Driveway access locations.
(l)
Off-street loading areas and docks.
(m)
Fences and retaining walls.
(n)
All exterior signs.
(o)
Exterior refuse collection areas.
(p)
Exterior lighting.
(q)
Traffic flow on and off site.
(s)
Location and dimensions of proposed outdoor
display areas.
(u)
Grading and erosion control plans.
(v)
Landscaping plans.
(w)
A staging plan for any projects involving more
than one phase or construction season which sets forth the chronological
order of construction and relates to the proposed uses and structures
of various service facilities and estimated completion dates.
(x)
Other information considered pertinent by Village
staff, Plan Commission, and/or the developers.
A.
The Plan Commission, in its consideration of the submitted
complete application, shall take into account the purpose and intent
of this chapter and criteria for review. The Plan Commission, in reviewing
the application may require such additional measures and/or modifications
as it deems necessary to accomplish these objectives.
B.
If such additional measures and/or modifications are
required, the Plan Commission may withhold approval of a site plan
until a revision depicting such additional measures and/or modifications
are submitted to the satisfaction of the Plan Commission, or may conditionally
approve the application subject to the provision of a revised application
reflecting the direction of the Plan Commission to the satisfaction
of Village staff.
C.
Such amended plans and conditions applicable to the
proposed use shall be made a part of the official record, and development
activity on the subject property may not proceed until the revised
application has been approved by one of the two above procedures as
directed by the Plan Commission.
D.
The Plan Commission may require appropriate sureties
to guarantee that improvements will be completed on schedule.
A.
In reviewing site plan applications, the Plan Commission
shall utilize the following criteria as a basis to determine whether
the submitted site plan shall be approved, approved with conditions,
or denied. The purpose of these criteria is to identify site plan
and design features that affect the physical aspect of the Village's
environment. These criteria are not intended to restrict imagination,
innovation, or variety, but rather to set minimum standards and assist
in focusing on site plan and design principles that can result in
creative solutions that will develop satisfactory visual appearance
within the Village, preserve taxable values, and promote the public
health, safety, and welfare.
(1)
All standards of this chapter and other applicable
Village regulations are met.
(2)
Adequate public facilities and utilities are provided.
(3)
Adequate control of stormwater and erosion are provided
and the disruption of existing topography, drainage patterns and vegetative
cover is maintained insofar as is practical.
(4)
Appropriate traffic control, parking, ingress/egress,
and pedestrian ways are provided.
(a)
All parking lots and/or driving areas are paved
with concrete or asphalt.
(b)
Landscaped islands, trellises, raised sidewalks
or similar techniques are employed to break up the expanse of a parking
lot and provide safe pedestrian access.
(c)
Parking lots are located to the side or rear
of the building, whenever possible.
(5)
A minimum of 10% of the gross lot area is landscaped
and/or open space areas. Stormwater management areas may be included
in the calculation.
(6)
Exterior lighting is contained on the lot to the extent
practicable.
(7)
Outside refuse bins are located behind the principal
structure and screened from view by use of solid screening or opaque
fencing material. Plastic or wooden slats through cyclone fencing
shall not be deemed sufficient.
(8)
A minimum ten-foot vegetative buffering or opaque
fencing is provided adjacent to any R-1 zoned lots. Plastic or wooden
slats through cyclone fencing shall not be deemed sufficient.
(9)
The appearance of buildings maintains a consistency
of design, materials, colors, and arrangement.
(a)
Buildings have an articulated front facade and/or
varied rooflines and, in the M-F and B-1 Districts and nonresidential
buildings in the R-1 District, large walls contain windows or other
treatments to break up the mass.
[Amended 12-16-2008 by Ord. No. 12162008B]
(b)
Building facade materials are aesthetically
compatible with neighboring facades. A minimum of 50% of each such
facade that faces a street shall be finished with brick,
colored split-face concrete masonry, or natural stone. No metal-faced
buildings (except for aluminum siding which has the appearance of
wood) are allowed in the M-F or B-1 Districts or on nonresidential
buildings in the R-1 District. Glass curtain walls may be substituted
for brick, colored split-face concrete masonry and/or natural stone.
[Amended 12-16-2008 by Ord. No. 12162008B]
(c)
Where metal siding is used, it is coated with
a colorfast, abrasion and corrosion resistant, long life (minimum
20 years) finish that is resistant to chemicals, withstands temperature
extremes and has a low permeability. Any material utilized to attach
the metal siding to the building shall be concealed or the utilization
of shadow panels or semiconcealed fastener panels with fasteners painted
to match required. The color and texture are to be approved by the
Plan Commission.
(d)
All mechanical equipment is enclosed or screened.
Rooftop equipment is integrated into the design of the structure,
enclosed, or screened from ground-level view to the extent practicable.
(e)
Loading docks and areas are located on the side
or rear of the building(s).
(f)
Principal structures shall have their primary
facade oriented parallel to the primary street frontage. Where specific
site constraints such as environmental features, physical dimensions
of the parcel(s), or the existing development pattern make this requirement
unreasonable, the Planning Commission may allow a different orientation,
provided that a direct pedestrian walkway is provided between the
primary building(s) entrance(s) and primary street frontage.
[Added 9-16-2008 by Ord. No. 09162008B]
Absolutely no land use or development activity,
including site clearing, grubbing, or grading shall occur on the subject
property prior to the approval of the required site plan. Any such
activity prior to such approval shall be a violation of this chapter
and shall be subject to all applicable enforcement mechanisms and
penalties.
The exterior walls and roofs of buildings shall
be maintained in a clean, orderly, and attractive condition; free
of cracks, dents, punctures, breakage or other forms of visible marring.
Materials that become excessively faded, chalked, cracked, chipped,
damaged, or otherwise deteriorated shall be replaced, refinished,
repaired, or repainted in accordance with the reasonable determination
and order of the Building Inspector within 60 days' notice of such
defect. Violations are subject to the issuance of a citation and prosecution
in Municipal Court.
Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this chapter. An approved site plan shall be revised and approved via the procedures of § 207-3, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
All site plan approvals by the Plan Commission
shall expire if the proposed project has not started construction
within 12 months of the date of approval and finished construction
within 24 months of the date of approval, unless otherwise agreed
upon.
A.
Any person or persons aggrieved by any decisions of
the Plan Commission or interpretation of the zoning administrator
related to site plan review may appeal the decision to the board of
appeals. Such appeal shall be filed with the Village Clerk within
30 days after final Plan Commission action or Zoning Administrator
interpretation.
A.
When in the judgment of the Plan Commission it would
be inappropriate to apply literally to a provision of this chapter
due to extraordinary hardship, the Plan Commission may waive or vary
such provisions so that substantial justice may be done and the public
interest secured. Any modification or variance thus granted shall
be entered in the minutes of the Plan Commission, setting forth the
reasons which justified the modification.
A.
If a court of competent jurisdiction adjudges any
section, clause, provision, or portion of this chapter unconstitutional
or invalid, the remainder of this chapter shall not be affected thereby.
B.
If any application of this chapter to a particular
structure, use, land, or water is adjudged unconstitutional or invalid
by a court of competent jurisdiction, such judgment shall not be applicable
to any other structure, use, land, or water not specifically included
in said judgment.
