A.
Establishment. There is hereby established a commission to be known
as the "Planning Commission," hereinafter referred to as the "Commission."
B.
Membership; appointment; terms of office; removal from office.
(1)
The Commission shall be composed of five members, appointed
by the Mayor, subject to the approval of the City Council. Each of
the members shall be at least 21 years of age, a property owner in
the City of Harrington, and a resident of the City of Harrington,
with an interest in urban and rural planning and development.
(2)
Members of the Planning Commission shall be appointed for terms
of three years; provided, however, that upon the original appointments,
all members of the previously constituted Planning Commission shall
be appointed for the remainder of their current terms. All members
shall be eligible for reappointment.
(3)
If a member of the Planning Commission fails to attend three
consecutive meetings of the Planning Commission, he/she shall be conclusively
deemed to have resigned. Any member of the Planning Commission may
be removed by a majority vote of the Mayor and City Council, after
public hearing, for inefficiency, neglect of duty, or malfeasance
in office.
(4)
Prior to the commencement of any meeting before the Planning
Commission, each member present shall sign an affidavit verifying
that 1) he or she has no personal or private interest which might
tend to impair the independent judgment of an official in the performance
of his or her duties in connection with the application or property
which is the subject of the hearing; and 2) he or she has not had
any ex parte communications with anyone involving the property which
is the subject of the meeting.
C.
Chair; vacancies. The Chair of the Commission shall be elected from
the members of the Commission by a majority of such members. Any vacancy
which may occur on the Commission shall not affect its powers or functions,
but shall be filled in the same manner in which the original appointment
was made.
D.
Salaries and compensation. The members of the Commission shall serve
without compensation, but they shall be reimbursed within a budget
approved by the City Council for travel, subsistence, and other necessary
expenses incurred by them in the performance of their duties vested
in the Commission.
E.
Powers and duties. The Commission shall have all of the powers, duties,
and responsibilities provided for in the laws of the State of Delaware,
ordinances of the City of Harrington, and other powers, duties and
responsibilities as assigned by the Mayor and City Council.
F.
Meetings; quorum.
(1)
The Commission shall hold regular monthly meetings, the dates
to be determined by the Commission; provided, however, that nothing
shall prohibit the Commission from cancelling a meeting if no business
is to be acted on or holding additional meetings.
(2)
For the conduct of any meeting or hearing, a quorum shall not
be less than three members.
(3)
A majority vote of the members present and voting shall be required
to take any action on questions brought before the Commission.
G.
Consultation with outside sources. In carrying out its duties, the
Commission shall seek the advice of various groups with interest in
matters of concern to the Commission, including but not limited to
federal, state, and county governments, public and private organizations,
and civic groups working in the field of municipal planning issues.
H.
Contracts. The Commission is not authorized to enter into any contract
or agreement with any public or private organization, but shall recommend
such course of action to the City Council in order to carry out its
assigned tasks.
The City Council may, at its discretion, assign other duties
to the Planning Commission.
The City Council may, from time to time, amend, supplement,
or change by ordinance the boundaries of the zones or the regulations
of this chapter. Any such amendment may be initiated by resolution
of the City Council or by motion of the Planning Commission, or by
petition of any property owner addressed to the City Council. Petitions
for change or amendment shall be on forms and filed in a manner prescribed
by the Planning Commission.
Before taking any action on any proposed amendment, supplement,
or change, the City Council may submit the same to the Planning Commission
for its recommendations and report. Failure of the Commission to report
within 15 days after the proposal has been referred to the Planning
Commission shall be deemed a recommendation of approval.
A.
The Planning Commission may hold a public hearing on any proposed
amendment, supplement, or change before submitting its report to the
City Council and for this purpose may request the submission of all
pertinent data and information by any person concerned.
B.
Before acting on any report by the Planning Commission concerning
a proposed amendment, supplement, or change, the City Council shall
hold a public hearing thereon.
Whenever a petition requesting an amendment, supplement, or
change has been denied by the City Council, such petition, or one
substantially similar, shall not be reconsidered sooner than six months
after the previous denial.
Site plans are required to assure good arrangement and appearance of new development; ensure harmony with existing structures; assure consistency with the City's adopted building and site design standards, the Comprehensive Land Use Plan, and Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design; to provide an understanding of the impacts of proposed development on public facilities and services and ensure the availability and adequacy of the same; and to otherwise meet the purposes of this chapter.
A.
Category A site plans. Site plans for the following major uses, including
new construction, or the relocation of a building, not otherwise subject
to separate procedures, shall be subject to review by the Planning
Commission and shall be called "Category A site plans":
(1)
Business and office buildings, commercial buildings, manufacturing,
or industrial buildings;
(2)
Business and professional complexes;
(3)
Churches, temples, and synagogues;
(4)
Government buildings of all types;
(5)
Hotels, motels, or motor lodges;
(6)
Multiple-family dwellings containing more than two dwelling
units or forming a part of a multiple-dwelling development of two
or more buildings;
(7)
Townhouses;
(8)
Education or institutional buildings.
B.
Category B site plans. Category B site plans require administrative review as provided for in § 440-293, Category B/administrative plan review procedures, and include the following:
(1)
One-family detached dwellings, two-dwelling units, and rehabilitation
projects;
(2)
Additions as deemed necessary by the City Manager;
(3)
Change of use:
(a)
Changing the existing use to another permitted use in any zone
will require an approval from the City of Harrington prior to any
renovations or remodeling;
[Amended 3-21-2016 by Ord. No. 16-01]
(b)
Change of use site plans that do not require waivers and/or variances shall be submitted for review to the City Manager; all others must go through the Category A review process of § 440-289, Category A site plan procedures;
(c)
The City may establish additional requirements for the change
of use review based on the increase in services and/or outside agency
approvals.
(4)
Minor subdivisions of three lots or fewer and conversion of
existing deeded lots to parcels;
[Amended 3-21-2016 by Ord. No. 16-01]
(5)
Commercial additions under 5,000 square feet of gross floor
area;
(6)
Additions in the Manufacturing and Industrial Park Manufacturing
Zones under 10,000 square feet of gross floor area.
The Planning Commission's site plan processing procedures for Category A site plans are set forth in § 440-289. Administrative review procedures for Category B site plans and other plans are set forth in § 440-293.
A.
The City Manager shall establish appropriate procedures, checklists,
and application forms necessary to ensure the timely and proper review
and processing of site plans consistent with this chapter. The City
Manager shall establish the number and acceptable format for the various
types of plans submitted for review under this chapter.
B.
Procedures and application forms shall be made available at City
Hall. Procedures may be modified from time to time upon approval of
the City Manager.
There are three primary stages in the Category A site plan process:
concept, preliminary, and final.
A.
Concept stage. The purpose of the concept stage is to provide the
Planning Commission with the opportunity to informally review a development
proposal prior to the substantial commitment of time and expense on
the part of the applicant in preparing a site plan.
(1)
No application for Category A site plan approval shall be accepted
by the City until:
(2)
The City Manager shall review the concept site plan package
for completeness and shall refer it to the appropriate individuals
or agencies for review, comment, and/or approval prior to submitting
it to the Planning Commission.
(3)
The applicant for site plan approval shall attend a meeting with the City Manager prior to submitting the concept plan to the Planning Commission. Consistent with the purpose of site plan review as set forth in § 440-287, Uses requiring site plans, the purpose of the meeting shall be to provide the City with an opportunity to address issues or concerns with the concept plan, identify any impact studies that may be required, and provide direction to the applicant on the scope of such studies.
(4)
The Planning Commission shall hold one meeting on the concept
plan to receive an informational briefing on the plan and the anticipated
issues and impacts related thereto. The Planning Commission shall
take no action to approve or disapprove a concept plan. Should the
Planning Commission determine that the development project represented
by the concept plan may have substantial impact on the physical, economic,
or social environment, the Planning Commission may hold more than
one meeting on the concept plan. Public comment shall be taken at
the meeting.
(5)
For all Category A site plans submitted for review, the City
Manager shall submit to the applicant a list of all owners of property
adjoining and immediately across the street from the subject property.
The applicant shall submit written notice to all owners of property
adjoining and immediately across the street from the subject property.
Such written notice shall state the date, time, place, and subject
matter of the meeting to discuss the concept site plan and the name
of the applicant. Such notice shall be sent by first-class mail and
postmarked not less than seven days before the day of the meeting.
(6)
If applicable, each applicant shall address the Planning Commission's
comments during conceptual review and submit for Delaware Office of
State Planning Coordination Preliminary Land Use Service (PLUS) review,
if applicable.
(7)
Prior to acceptance of a preliminary site plan for review, the
applicant shall provide the City Manager with the formal comments
from the Delaware Office of State Planning Coordination Preliminary
Land Use Service (PLUS), if applicable.
B.
Preliminary stage. The purpose of the preliminary stage is to provide
the Planning Commission with the information necessary for it to take
action to approve or disapprove a site plan. The Planning Commission
shall review and take action to approve or deny all Category A site
plans.
(1)
Preliminary site plans meeting the submittal requirements of § 440-291, Contents of preliminary site plan, shall be submitted to the City Manager, who shall review the plans for compliance with these regulations and the requirements for preliminary site plans and shall transmit said plans to the Planning Commission with his or her comments for review.
(2)
The Planning Commission shall examine the proposed development with respect to the traffic and circulation patterns and safety (internal and external), utilities, drainage, community facilities (existing or proposed), surrounding development (existing or future), the preservation of trees and historic sites, protection of natural environmental features and processes, provision for open space, streetlighting, recreational needs, safety of residents and neighbors, landscaping, architecture, compatibility with Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design, and, in general, with the objective of ensuring a durable, harmonious and appropriate use of the land.
(3)
The Planning Commission shall take action to approve, approve
with conditions, disapprove, or table pending further investigation
and/or receipt of certain additional information, but shall take no
action until the following have occurred:
(a)
The City Manager has reviewed the site plan and determined that
it is complete and submitted his/her findings in writing to the Planning
Commission;
(b)
The applicant has submitted any impact studies that may be required by § 440-295, Impact studies, and has obtained City approval of such required studies;
(c)
Comments on the site plan from appropriate agencies and individuals
have been requested and sufficient time has been provided for such
agencies and individuals to provide comments;
(d)
The applicant has paid all appropriate preliminary site plan
review and application fees to the City.
(4)
No public hearing shall be required but may be called at the
option of the Planning Commission.
C.
Final stage. The purpose of the final stage is to ensure that all
submittal requirements of final site plans as set forth in this section
are specifically and accurately addressed, to ensure that all conditions
of the Planning Commission's recommendations and City Council's approval
are specifically and accurately met and to finalize any and all necessary
formal agreements related to the project, which may include public
works agreements and easement agreements, among others.
(1)
Final site plan approval shall be granted prior to the commencement
of any development activity.
(2)
Final site plans shall be submitted to the City Manager, who
shall review the plans for compliance with these regulations and the
conditions, if any, of Planning Commission approval. If specified
conditions or stipulations are met in revised plans, the City Manager
shall approve issuance of zoning compliance certificates in accord
with the revision without returning the plans for further Planning
Commission review.
(3)
When all review and approvals have been completed and documentation
of such approvals provided to the City Manager, he/she shall sign
the site plan to indicate completion of review and approval by the
City and to certify that conditions, if any, of site plan approval
have been met. The applicant shall submit all local, county, state,
and/or federal approvals as may be required. No permit shall be issued
until this approval has been given.
(4)
When a public works agreement is required, the City Manager
may not certify final approval of a site plan until that public works
agreement has been executed by the applicant and the City.
D.
The City Manager shall assure that the project is completed in conformance
with the approved site plan before issuing a certificate of occupancy.
E.
Before the City issues a certificate of occupancy, either all the
work must be completed or, in the City's discretion, all remaining
work must be bonded.
The concept site plan package shall meet the requirements as
to content and organization as may be established by the City Manager
and at minimum shall include the following:
A.
Project concept plan: a scaled drawing showing the proposed development
on a survey of the project boundaries. It shall show the project layout,
proposed and existing land uses, open spaces, circulation routes and
points of access to the adjacent street network, and main design features.
If phasing is proposed, a master plan for entire project shall be
shown. Drawings shall be 24 inches by 36 inches. The scale shall be
no less detailed than one inch equals 100 feet and shall show adjacent
streets and adjacent property owners. A vicinity map at a scale no
less detailed than one inch equals 1,000 feet shall be included which
shows the location with respect to neighborhood streets. Typical architectural
elevations shall be included.
B.
Project area schematic: a scaled drawing or GIS aerial photograph
showing the main features of the project in relationship within the
neighborhood. Included in the drawing shall be existing property and
streets within at least 1,000 feet of the project, water and sanitary
sewers within 400 feet of the project, and the location of proposed
stormwater discharge. The scale shall be no less detailed than one
inch equals 400 feet for large projects and one inch equals 200 feet
for small projects. Drawings shall be no larger than 24 inches by
36 inches.
C.
Site investigation report. The intent of the site investigation report
is to provide readily available information in a brief narrative format
to assist the applicant and the City in their initial evaluation of
the proposed development. The report shall provide information and
data on the physical and environmental characteristics of the site,
the proposed number of lots, uses and utility demands, anticipated
impacts of the proposed development on neighboring properties, area
infrastructure and services, recreational resources and other public
facilities, compliance with the Comprehensive Land Use Plan, and the
proposed architectural and design character. The site investigation
report shall follow the format established by the City Manager, as
may be amended from time to time, and shall address the following:
(1)
Site data summary chart: tax map and parcel number, zoning classification,
proposed zoning, allowable density, proposed density, total site area,
flood zone, wetlands (state and federal), number of proposed lots,
number of proposed units and types, availability of utilities, zoning
setback requirements, zoning lot size requirements, maximum building
height allowed by zoning, open space required by zoning, and proposed
open space, use of open space, parking required by zoning and proposed
parking. Breakdowns for each phase or land use shall be provided as
appropriate.
(2)
Land use overview: provide narrative of existing site conditions
and provide legible copy of the Kent County soil map with an outline
of the property sketched on it; describe existing context and highlight
any issues regarding marginal siting conditions, including topography,
hydric soils, existing drainage patterns, standing water, culverts,
ditches, wetlands, or sensitive areas.
(3)
Comprehensive Land Use Plan compliance: provide narrative of designated land use and how the project will be consistent with the Comprehensive Land Use Plan and Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design, as appropriate.
(4)
Traffic access overview: provide narrative of existing roads,
lanes, width, material, condition, curb, sidewalk, and off-site improvements
needed to accommodate the project; if the project is known to require
a DelDOT traffic study, provide summary information and study schedule.
(5)
Utility demands and services overview: provide narrative of
sanitary sewer, public water, gas, electric and cable, and describe
any off-site improvements needed; if privately owned and maintained
facilities or open spaces are proposed, provide a sample covenants
clause and describe management structure.
(6)
Stormwater management overview: provide narrative of types of
conveyance and management and a summary of any off-site improvements
needed.
(7)
Construction phasing overview: provide narrative of time of
construction and estimate the number of anticipated zoning compliance
certificates per year.
(8)
Economic impact: provide narrative of anticipated construction
cost of infrastructure and buildings, fees, and dedications; discuss
estimated zoning compliance certificate fees, transfer fees, impact
fees, tax revenues, employment opportunities, and tax assessments.
(9)
Architectural theme: provide illustrations and/or narrative
of overall design concepts.
(10)
Provide narrative of recreational needs and opportunities.
(11)
Attach "ability to serve" letters: provide letters from utility
providers other than the City of Harrington (power, gas, communications,
emergency, fire, and ambulance).
(12)
Provide a copy of the letter of notification to the local school
board for residential developments.
The applicant is responsible for preparing the preliminary site plan. The preliminary site plan shall be submitted as a multiple-sheet document with drawings on sheets no larger than 24 inches by 36 inches and at scales no less detailed than one inch equals 100 feet. Submittals shall meet specific technical requirements set forth in Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design.
A.
The order of plan sheets of the preliminary site plan shall be as
follows below. The City Manager may waive certain sheets that are
clearly not applicable to the project under review and may authorize
minor variations in the order as the case may warrant.
(1)
Title sheet.
(2)
Record plat(s). (See requirements for subdivision record plats.)
(3)
G-1 general sheet (general notes, site data notes, etc.).
(4)
Key plan and overview plan (for large projects with multiple
sheets).
(5)
Site and grading plans horizontal (conforming to requirements
for construction improvement plans).
(6)
Utility plans horizontal conforming to requirements for construction
improvements plans. (For scale of one inch equals 20 feet, grading
and utilities may be combined on same drawing; for scale of one inch
equals 30 feet or one inch equals 40 feet, provide separate drawings
for grading and utilities where needed for clarity.)
(7)
Sediment and stormwater management plans, to include horizontal
location, contours, inflow pipes, outfall, amenities, paths, buffers,
and forestation areas, if applicable.
(8)
Preliminary street and storm drain profiles; cross section for
streets and curbing.
(9)
Site details, to include, where applicable, curbs, sidewalks,
handicap ramps, fences, lampposts, light fixtures, signs, catch basins,
bike paths, crosswalks, medians, and any special structures such as
retaining walls or concrete pavers.
(10)
Utility profiles, sewer, and force main (may be left blank for
preliminary plan submittal).
(11)
Pump station details, if applicable (may be left blank for preliminary
plan submittal).
(12)
Sewer and water details using Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design, where applicable and available (may be left blank for preliminary plan submittal).
(13)
Landscape and lighting plan with signage locations and details.
(14)
Architectural elevations (all sides); 24 inches by 36 inches
by registered architect.
(15)
Electrical/mechanical where applicable (may be left blank for
preliminary plan submittal).
(16)
Copy of itemized letter to Office of State Planning addressing
all the PLUS comments, if applicable.
(17)
Copy of PLUS comments from the Office of State Planning, if
applicable.
B.
Preliminary site plans.
(1)
The preliminary site plan shall show the North point, scale,
date, and the following:
(a)
The seal and signature of a registered Delaware land surveyor
and/or the seal and signature of licensed engineer and/or the seal
and signature of a registered architect, as appropriate.
(b)
Revision block on each sheet to accurately disclose any drawing
revisions made after the first submittal for preliminary plan review.
(c)
A key and overview plan for multistage projects.
(d)
Geographical location, showing existing zone boundaries.
(e)
Existing and proposed changes in zoning classification on the
site and adjacent sites.
(f)
Topographic contours at a minimum of one-half-foot intervals,
unless waived by the City Manager as clearly unnecessary to review
the project or proposal.
(g)
The location and nature of all proposed construction, excavation
or grading, including but not limited to buildings, streets, and utilities.
(h)
A grading plan (horizontal) conforming to requirements of a construction improvement plan set forth in Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design. Proposed grading, if required, shall be indicated by one-foot contours and supplemental spot elevations.
(i)
A utility plan (horizontal) conforming to requirements of a construction improvement plan set forth in Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design. It shall show all existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types and grades, and the location of all connections to the utility system.
(j)
Where deemed appropriate and necessary by the City Engineer,
provisions for the adequate disposition of natural water and stormwater,
indicating the location, size, type and grade of ditches, catch basins,
pipes, and connections to existing drainage system, and on-site water
retention.
(k)
Where deemed appropriate and necessary by the City Engineer,
provisions for the adequate control of erosion and sedimentation,
indicating the proposed temporary and permanent control practices
and measures that will be implemented during all phases of clearing,
grading, and construction.
(l)
A landscape and lighting plan, including location and details
of signage.
(m)
A parking plan, showing all off-street parking, related driveways,
loading spaces and walkways, indicating type of surfacing, size, angle
of stalls, width of aisles, and a specific schedule showing the number
of parking spaces provided and the number required by this chapter.
(n)
Architectural elevations in color, including at least one presentation
board of no smaller than 24 inches by 36 inches.
(o)
Preliminary street profiles and cross sections for streets and
curbing; all existing and proposed streets and easements, including
widths.
(p)
Approximate location of points of ingress and egress to existing
public highways; if ingress or egress is onto a state-maintained roadway,
an accompanying letter from the Department of Transportation indicating
preliminary approval shall be required.
(q)
All existing easements of any kind; if easements are to be granted,
a separate easement plat.
(r)
The number of construction phases proposed, if any, with the
site plan showing the approximate boundaries of each phase, and the
proposed completion date of each phase.
(s)
A tabulation of the total number of acres in the project, gross
or net, as required in the zone regulations, and the percentage thereof
proposed to be devoted to the several dwelling types, commercial uses,
other nonresidential uses, off-street parking, streets, parks, schools,
and other reservations.
(t)
Number of dwelling units to be included by type of housing:
apartments of three stories and under; apartments over three stories;
one-family dwellings; townhouses; and two-family dwellings; the overall
project density in dwelling units per acre, gross or net, as required
by zone regulations.
(u)
Proposed buildings and structures with dimensions, setbacks,
and heights designated, including floor areas of all nonresidential
buildings and the proposed use of each.
(v)
Approximate location and size of nonresidential areas, if any
(parking areas, loading areas or other).
(w)
Approximate location and size of recreational areas and other
open spaces.
(x)
Existing vegetation, proposed removal of vegetation, and proposed
replacement of vegetation.
(y)
Location, type, size, and height of fencing, retaining walls,
and screen planting.
(z)
Location, orientation, design, and size of signs, if any.
(2)
The Planning Commission may establish additional requirements
for preliminary site plans, and may waive a particular requirement
if, in its opinion, the inclusion of that requirement is not essential
to a proper decision on the project.
The applicant is responsible for preparing the final site plan.
The final site plan shall comply with all laws, regulations, and ordinances
governing the approval of site plans applicable as of the date of
the submission of the application for final site plan approval and
provide sufficiently accurate dimensions and construction specifications
to provide the data necessary for the issuance of construction permits.
A.
In addition to meeting the submittal requirements of a preliminary site plan, the final site plan shall meet all specific plan submittal requirements and all applicable engineering details set forth in Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design.
B.
Submittals shall demonstrate compliance with any conditions of site
plan approval and shall include all necessary approvals from any local,
county, state, and federal agency.
C.
As a condition of site plan approval, the Planning Commission may
establish additional submittal requirements for a final site plan,
and may waive a particular requirement if, in its opinion, the inclusion
of that requirement is not essential to a proper decision on the project.
D.
Final site plans submittals shall adhere to the order of plan sheets required under § 440-291B, with any additional required details and plan drawings inserted into the order prescribed by the City Engineer.
E.
A site plan may be developed in phases. If developed in phases, the
Planning Commission shall require such information and mechanisms
as it deems necessary to assure that the entire development is developed
in accordance with the site plan principles as indicated on the preliminary
plan and concept plan. Said information and mechanisms may include
but are not limited to deed restrictions, easements, financial sureties,
architectural renderings, and site design details that display consistency
with the site plan principles.
Administrative plan review is for projects with relatively minor impact, which require less information than for Category A site plans and can be reviewed and approved in a shorter time. In administrative plan review, the City Manager is the approving authority. Administrative plan review is required for Category B site plans as determined in § 440-287, Uses requiring site plans.
A.
No application for administrative plan approval shall be accepted
by the City until:
B.
Plans requiring administrative review shall be submitted to the City
Manager, who shall review the plans for compliance with these regulations.
If the City Manager finds that such plans meet the intent of this
chapter and are consistent with the Comprehensive Land Use Plan, then
the City Manager shall affix his/her signature on the plan(s) certifying
approval. If the City Manager finds that the plan does not meet the
intent of this chapter and/or is not consistent with the Comprehensive
Land Use Plan, then the City Manager shall deny approval and transmit
that decision in writing to the applicant.
C.
The City Manager shall not take action to approve or deny a plan
requiring administrative review until the following have occurred:
(1)
He/she has reviewed the plan and determined that it is complete as provided in § 440-294, Contents of plans for Category B/administrative review.
(2)
The applicant has submitted any impact studies that may be required by § 440-295, Impact studies, and has obtained City approval of such required studies.
(3)
Comments on the plan from appropriate agencies and individuals
have been requested and sufficient time has been provided for such
agencies and individuals to provide comments.
(4)
The applicant has submitted all local, county, state, and/or
federal approvals as may be required.
D.
The City Manager shall act to approve or disapprove and shall promptly
transmit his/her decision in writing to the applicant.
E.
Any person aggrieved by an administrative plan review decision and
desiring to appeal such decision must appeal to the Board of Adjustment.
Plans for administrative review shall comply with all existing
laws, regulations, and ordinances governing development approval and
provide sufficiently accurate dimensions and construction specifications
to provide the data necessary for the issuance of construction permits.
The plan shall show the North point, a scale not to exceed one inch
equals 40 feet, the date, and the following:
A.
The seal and signature of a registered Delaware land surveyor or
licensed engineer, as appropriate;
B.
All existing property lines with dimensions;
C.
If converting an existing deeded lot to a new parcel, old lot lines
with dimensions and numbers;
D.
If proposing a minor subdivision or lot line adjustment, proposed
lot lines with dimensions;
E.
All setback lines;
F.
All existing structures (dimensions, total square footage, distance
from property lines);
G.
Zoning classification (property and adjoining properties);
H.
Reference deed book/page and plat/book page;
I.
Proposed signs, if applicable;
J.
Proposed building elevations of all sides visible from the public
right-of-way, if applicable;
K.
Proposed landscaping, if applicable;
L.
All existing and proposed driveway/parking spaces/interior roadway
areas and dimensions, if applicable;
M.
For a change of use and/or addition, interior layout with dimensions
to include existing and proposed uses;
N.
Adjacent street names and alleys, if applicable;
O.
Revision table specifying dates for submittals and revisions;
P.
Other information as may be required by the City Manager or City
Engineer to adequately review the plan;
Q.
Sanitary sewer, public water, and storm drain locations, including
the location of all lines and tie-ins;
R.
Kent County tax parcel number;
S.
All existing and proposed easements and rights-of-way, if applicable.
A.
As provided for in Chapter 357, Standard Specifications for Utility Construction Projects and Subdivision Pavement Design, impact studies may be required and shall be submitted with the Category A preliminary site plan or Category B/administrative review plan as may be appropriate.
B.
The City shall review impact studies as part of its plan review procedures
to determine the nature and extent of off-site impacts of the proposed
development.
C.
If impact studies plans are determined to be required, no site plan
shall be submitted to the Planning Commission for action prior to
studies being completed to the satisfaction of the City Manager, City
Engineer, or other appropriate City official.
Amendments to an approved site plan shall be submitted to the
City with an appropriate application. The City Manager shall determine
at that time the appropriate fee amount and payment schedule, if any,
which shall apply.
A.
The City Manager shall determine if the modification is major or
minor. A "minor modification" is a modification that does not change
the intensity of the use or alter the traffic pattern. A "major modification"
is a modification that changes the intensity of the use or alters
the traffic pattern.
B.
If the site plan to be modified is a Category A site plan and the
modification is determined to be major, the applicant shall submit
new drawings to the City Manager, who shall distribute the drawings
to the appropriate agencies or individuals for comment. Obtaining
agency approvals from other than the City of Harrington shall be the
responsibility of the applicant. The proposed modification shall be
approved or denied by the Planning Commission.
C.
If the site plan to be modified is a Category B site plan and/or
the modification is determined to be minor, the applicant shall indicate
the change on the previously approved plan and submit the modified
plan to the City Manager, who may distribute the plan to the appropriate
agencies or individuals for comments. The proposed modification shall
be approved or rejected by the City Manager, except that a minor modification
of an approved Category A site plan may, at the discretion of the
City Manager, be submitted to the Planning Commission for review and
approval.
[Amended 10-2-2017 by Ord. No. 17-11]
A.
Preliminary site plan. The Planning Commission's preliminary site
plan approval shall become null and void unless the application for
final site plan approval for the proposed development is received
by the City within three years from the date of the Planning Commission
approval. The Planning Commission may for good cause grant one eighteen-month
extension.
B.
Final site plan. The Planning Commission's final site plan approval
shall become null and void unless a zoning compliance certificate
has been issued for the proposed development within three years from
the date of the Planning Commission approval. The Planning Commission
may for good cause grant one eighteen-month extension.
[Amended 3-21-2016 by Ord. No. 16-01]
The following conditions shall apply when issuing a zoning compliance
certificate:
A.
B.
The City Manager, at his or her discretion, may issue an emergency
permit not in conformity with the provisions of this chapter when:
(1)
A building has been made uninhabitable by fire, wind, flood,
or impact by motor vehicle or airplane, or similar natural or man-made
disaster.
(2)
A written statement by the applicant and a personal inspection
have been filed certifying the dwelling to be uninhabitable due to
fire, wind, flood, impact, or similar natural or man-made disaster.
C.
No zoning compliance certificate shall be issued for construction
or alteration of any building(s) on a lot without frontage upon a
public street improved to the satisfaction of the Planning Commission,
or without access to public sewer and water services.
D.
Any filing fee shall accompany each application for a zoning compliance certificate in such amount as required by Chapter 180, Municipal Fees. All applications will be billed for professional services above and beyond the applicable fee if these services are needed to complete the application. The application must comply with § 292-1, Denial of permits or approvals for failure to comply with required payments, actions, or filings.
E.
A zoning compliance certificate issued in accordance with the provisions
of this chapter shall become void 90 days after the date of its issuance
if no application for a building permit has been made.
A.
Required documents for buildings and structures other than fences, signs, and those covered under § 440-293, Category B/administrative plan review procedures. The plot plan shall meet the requirements as to content and organization as may be established by the City Manager. Plans for zoning compliance review shall comply with all existing laws, regulations, and ordinances governing approval and provide sufficiently accurate dimensions and construction specifications to provide the data necessary for the issuance of construction permits. Plans must be legible. The plan shall show the North point, a scale not to exceed one inch equals 40 feet, the date, and the following:
[Amended 3-21-2016 by Ord. No. 16-01]
(1)
All existing property lines with dimensions;
(2)
All setback lines;
(3)
All existing structures (dimensions, total square footage, distance
from all property lines);
(4)
Zoning classification (property and all adjoining properties);
(5)
Proposed building elevations and/or images of all sides, if
applicable;
(6)
Proposed landscaping, if applicable;
(7)
All existing and proposed driveway/parking spaces/interior roadway
areas and all dimensions, if applicable;
(8)
Adjacent street names and alleys, if applicable;
(9)
Revision table specifying dates for submittals and revisions;
(10)
Other information as may be required by the City Manager or
City Engineer to adequately review the plan;
(11)
Sanitary sewer, public water, and storm drain locations, including
the location of all lines and tie-ins;
(12)
Kent County tax parcel number;
(13)
All existing and proposed easements and rights-of-way, if applicable.
B.
Required documents for fences. The plot plan shall meet the requirements
as to content and organization as may be established by the City Manager.
Plans for zoning compliance review shall comply with all existing
laws, regulations, and ordinances governing approval and provide sufficiently
accurate dimensions and construction specifications to provide the
data necessary for the issuance of construction permits. Plans must
be legible. The plan shall show the North point, a scale not to exceed
one inch equals 40 feet, the date, and the following:
(1)
All existing property lines with dimensions;
(2)
All existing structures (dimensions, total square footage, distance
from all property lines);
(3)
Zoning classification (property and all adjoining properties);
(4)
All existing and proposed driveway/parking spaces/interior roadway
areas and all dimensions, if applicable;
(5)
Adjacent street names and alleys, if applicable;
(6)
Revision table specifying dates for submittals and revisions;
(7)
Other information as may be required by the City Manager or
City Engineer to adequately review the plan;
(8)
Sanitary sewer, public water, and storm drain locations, including
the location of all lines and tie-ins;
(9)
Kent County tax parcel number;
(10)
All existing and proposed easements and rights-of-way, if applicable;
(11)
Height of fence;
(12)
Type and material of fence.
C.
Required documents for signage. Plans for zoning compliance review
shall comply with all existing laws, regulations, and ordinances governing
approval and provide sufficiently accurate dimensions and construction
specifications to provide the data necessary for the issuance of construction
permits. Plans must be legible.
[Amended 9-28-2015 by Ord. No. 15-11]
(1)
All signs are required to provide a detailed sign plan, to include
the following:
(a)
Sign image/picture with dimensions (proposed and all existing);
(b)
Provided in square feet;
(c)
Existing individual signage;
(d)
Existing total aggregate square feet of all signage;
(e)
Proposed individual signage square feet;
(f)
Proposed total aggregate square feet of all signage;
(h)
Specify single or double sided (proposed and all existing).
(2)
All freestanding signs shall be required to submit a plot plan
along with a detailed sign plan. The plot plan shall meet the requirements
as to content and organization as may be established by the City Manager.
The plot plan shall show the North point, the date, and the following:
(a)
All existing property lines with dimensions;
(b)
All setback lines;
(c)
All existing structures (dimensions, total square footage, distance
from all property lines);
(d)
All existing and proposed driveways/parking spaces/interior
roadway areas, if applicable;
(e)
Adjacent street names and alleys;
(f)
Plot plan note specifying dates for submittals and revisions;
(g)
Other information as may be required by the City Manager or
City Engineer to adequately review the plan;
(h)
Sanitary sewer, public water, and storm drain locations, including
the location of all lines and tie-ins;
(i)
All existing and proposed easements and rights-of-way, if applicable.
All applications for zoning compliance certificates shall be
accompanied by a drawing or plat in duplicate or as required by the
City Manager showing, with dimensions, the lot lines, the building
or buildings, the location of buildings on the lot, and such other
information as may be necessary to provide for the enforcement of
these regulations, including, if necessary, a boundary survey and
a staking of the lot by a competent surveyor and complete construction
plans. The drawings shall contain suitable notations indicating the
proposed use of all land and buildings. A careful record of the original
copy of such applications and plats shall be kept in City Hall, and
a duplicate copy shall be kept at the building at all times during
construction.
A.
The application and all supporting documentation shall be made in
triplicate to the City. The City shall return one copy of all documents
to the applicant. Any applicable forms must be legible and completed
in their entirety.
B.
A site inspection shall be required prior to the issuance of any
certificate. Said site inspection will be made by the City Manager.
If existing violations are found during the site inspection, said
violations must be correct prior to the issuance of the zoning compliance
certificate.
C.
Except as otherwise specified in this chapter, the City Manager shall,
within a reasonable time after the filing of a complete and properly
prepared application, either issue or deny a zoning compliance certificate.
If a zoning compliance certificate is denied, the City Manager shall
state in writing the reasons for such denial.
D.
A record of all permits and certificates shall be kept on file in
an office of the City, and a copy of such permits and/or certificates
shall be furnished upon request to any person having a proprietary
tenancy interest in the building or premises affected.
See § 102-3, Adoption of International Residential Code.
A.
The Board of Adjustment and Planning Commission filing fees are established by the City Council and shall be paid in advance to the City. See Chapter 180, Fees, Municipal.
B.
All other application filing fees are established by the City Council and shall be paid in advance to the City. See Chapter 180, Fees, Municipal.
C.
Any additional professional service costs associated with the project
will be billed to the applicant, if required, and must be paid prior
to the issuance of a zoning compliance certificate.
