A. 
This Section establishes a review process for nonresidential developments. The purpose is to ensure that a development project is in compliance with all applicable Town ordinances and guidelines prior to commencement of construction.
(Ordinance 361-05 adopted 3/22/05)
A. 
Approval Process
1. 
Maximum of Four Steps:
The review process shall include up to four (4) steps:
a. 
Pre-application conference;
b. 
Site Plan;
c. 
Approval of other required plans or plats (see the Development Ordinance for platting requirements); and
d. 
Construction of project (after Town approval of all required plans and plats).
2. 
Site Plan Required
a. 
A General Site Plan shall be required for development within the AG, RE-5, RE-2, R-1, MH, RLI, RB, VC, GC and P/SP zoning districts and specified in Subsection 3.2 E. below.
b. 
The approval process for a General Site Plan shall generally be reviewed by the Town Secretary, Town Planner, Town Engineer, recommendation by the Planning and Zoning Commission, and final consideration by the Town Council.
c. 
General - For the purposes of this Zoning Ordinance, the term “required plan(s)” is intended to refer to any of the plans specified in this Zoning Ordinance, as applicable.
B. 
Official Submission Date and Completeness of Application:
The “official submission date” shall be the date upon which a complete application for approval of a required plan is submitted to the Town Secretary.
1. 
No application shall be deemed officially submitted until the Town Secretary determines that the application is complete and a fee receipt is issued by the Town.
2. 
Applications for any required plan must include all required information listed here and all such required information must be submitted in order for a Site Plan application to be considered complete and to be accepted for official submission by the Town.
a. 
An application for a Site Plan with notarized signatures of the owner or his/her designated representative if the applicant is not the owner of the subject property;
b. 
Application fee as established on the Town of Bartonville schedule of fees;
c. 
Verification that all taxes and assessments on the subject property have been paid;
d. 
Copies of the Site Plan, including all information specified by this Ordinance and the Town of Bartonville’s Development Ordinance, on 24" x 36" sheet(s) drawn to a known engineering scale that is large enough to be clearly legible and other required information, the quantity of which shall be determined by the Town Secretary, or his/her designee;
e. 
General layout for the required public improvements (water, wastewater, grading/storm drainage, streets, water quality, fire lanes and hydrants, screening and landscaping, etc.), the quantity of which shall be determined by the Town Secretary, or his/her designee;
f. 
Reduced copies (11" x 17") of the site plan as required by the Town Secretary, or his/her designee;
g. 
Landscaping and irrigation plans, the quantity of which shall be determined by the Town Secretary, or his/her designee; and
h. 
Any additional information/materials (such as plans, maps, exhibits, legal description of property, information about proposed uses, etc.) as deemed necessary by the Town Secretary, or his/her designee, in order to ensure that the development request is understood.
C. 
Supplemental Requirements:
The Town’s staff may require other information and data for specific required plans. Approval of a required plan may establish conditions for construction based upon such information.
D. 
Pre-Application Conference:
Prior to formal application for approval of a required site plan, the applicant(s) should consult with the Town’s Development Review Committee in order to become familiar with the Town’s development regulations and the development process. At the pre-application conference, the developer may be represented by his/her land planner, engineer, surveyor, or other qualified professional.
E. 
Applicability:
Submission and approval of a General Site Plan shall be required for development within the AG, RE-5, RE-2, R-1, MH, RLI, RB, VC, GC and P/SP zoning districts as follows:
1. 
For any new nonresidential development;
2. 
For any increase in an existing nonresidential structure that is greater than thirty (30) percent of the existing building square footage; or
3. 
For that portion of a single-family residential development that contains a private amenity or facility - i.e. recreation center, park, horse stable, etc.
F. 
Building Permit and Certificate of Occupancy:
No building permit shall be issued until a Site Plan, as required, and all other required engineering/construction plans are first approved by the Town. No certificate of occupancy shall be issued until all construction and development conforms to the Site Plan and engineering/construction plans, as approved by the Town.
G. 
Extent of Area That Should Be Included In a Site Plan:
When the overall development project is to be developed in phases, the area included within the Site Plan shall include only the portion of the overall property that is to be developed/constructed.
H. 
Principles and Standards for Site Plan Review and Evaluation:
The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the Town of Bartonville, and to ensure that all developments are, to the best extent possible, constructed according to the Town’s codes and ordinances.
The Town Secretary, or his/her designee, shall review the Site Plan for compliance with all applicable Town ordinances and with the Comprehensive Plan; for harmony with surrounding uses and with long-range plans for the future development of Bartonville; for the promotion of the health, safety, order, efficiency, and economy of the Town; and for the maintenance of property values and the general welfare.
General Site plan review and evaluation by the Town Secretary, or his/her designee, shall be performed with respect to the following:
1. 
The plan’s compliance with all provisions of the Zoning Ordinance and other ordinances of the Town of Bartonville.
2. 
The impact of the development relating to the preservation of existing natural resources on the site and the impact on the natural resources of the surrounding properties and neighborhood.
3. 
The relationship of the development to adjacent uses in terms of harmonious design, facade treatment, setbacks, building materials, maintenance of property values, and any possible negative impacts.
4. 
The provision of a safe and efficient vehicular and pedestrian circulation system.
5. 
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
6. 
The sufficient width and suitable grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings.
7. 
The coordination of streets so as to arrange a convenient system consistent with the Thoroughfare Plan of the Town of Bartonville, as amended.
8. 
The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement, or activities from adjacent properties when necessary, and to complement and integrate the design and location of buildings into the overall site design.
9. 
Exterior lighting to ensure safe movement and for security purposes, which shall be arranged so as to minimize glare and reflection upon adjacent properties.
10. 
The location, size, accessibility, and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
11. 
Protection and conservation of soils from erosion by wind or water or from excavation or grading.
12. 
Protection and conservation of watercourses and areas that are subject to flooding.
13. 
Provision of the adequate capacity of public or private facilities for water, sewer, paved access to and through the development, electricity, storm drainage, and adequate traffic management.
14. 
Consistency with the Comprehensive Plan of the Town of Bartonville, as amended.
15. 
In approving a Site Plan, the Town Council may impose additional reasonable conditions necessary to protect the public interest and welfare of the community. When considering an application for site design and use, the Planning and Zoning Commission may recommend and the Town Council may include any or all of the following conditions if they find it necessary to meet the intent and purpose of the standards of this Ordinance:
a. 
Require a maximum increase of up to twenty percent (20%) in the width or required plant materials for perimeter bufferyards in order to ensure compatibility between different land uses.
b. 
Require such modifications in the landscaping plan as will ensure proper screening and aesthetic appearance.
c. 
Require plantings and ground cover to be predominant, not accessory, to other inorganic or dead organic ground cover.
d. 
Require retention of significant physical features of a site. Said significant physical features includes, but are not limited to: existing stands of trees, protected trees as specified by the Town’s tree preservation standards, bodies of water, watercourses, floodplains and other flood hazard areas, and other natural features.
e. 
Require the modification or revision of the placement, design or remodeling of structures, signs, accessory buildings, etc. to be consistent with the standards of this Ordinance.
f. 
Specify the type and placement or shielding of lights for outdoor circulation, parking, and security.
g. 
Require new developments that produce more than five hundred (500) vehicle trips per day to provide traffic mitigation by means of traffic signals, traffic controls, turning islands, landscaping or any other means necessary to insure the viability, safety, and integrity of existing and proposed thoroughfares, based upon the results of a Traffic Impact Assessment meeting the minimum criteria specified in the Development Ordinance, as amended.
h. 
Require pedestrian access, separate pedestrian accessways, sidewalks and protection from rain for pedestrians in new developments.
i. 
Require developments to provide access to improved streets and, where possible, provide access to the lower order street rather than a major collector or arterial street as designated on the Thoroughfare Plan, as amended.
I. 
Submission Requirements for Site Plan Approval:
A Site Plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). To ensure the submission of adequate information the following information and items shall be submitted with an application for Site Plan approval in addition to any additional specific requirements for the review of Site Plan applications that may be devised and amended from time to time. It shall be the applicant’s responsibility to obtain and be familiar with the requirements for Site Plan approval.
1. 
A title block within the lower right-hand corner of the concept plan with the proposed name of the project/subdivision;
2. 
The name and address of the owner/developer and the land planner, engineer architect or surveyor responsible for the design or survey;
3. 
The scale of the drawing (both written and graphic scale) and north arrow;
4. 
The date the drawing was prepared;
5. 
Total site acreage and the location of the property according to the abstract and survey records of Denton County, Texas;
6. 
A vicinity or location map that shows the location of the proposed development within the City (or its ETJ) and in relationship to existing roadways;
7. 
The boundary survey limits of the tract and scale distances with north clearly indicated;
8. 
The names of adjacent subdivisions (or the name of the owners of record and recording information for adjacent parcels of unplatted land), including parcels on the other sides of roads, creeks, etc.;
9. 
The existing uses of the subject property;
10. 
The general arrangement of future land uses, including the approximate number of lots and any residential uses anticipated;
11. 
A generalized circulation plan for the subject property showing the proposed locations and patterns of motor vehicle and pedestrian traffic. Said circulation plan shall contain arrows indicating traffic flow;
12. 
The existing zoning and existing/proposed uses on adjacent land;
13. 
The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract;
14. 
The location, type, size and recording information for any existing easements located on the subject property or within two hundred (200) feet of the subject property. In the event no existing easements have been dedicated, a note to that effect shall be provided;
15. 
The location and building footprints of existing buildings located on the property.
Existing buildings shall be noted as to those that are to remain and those that are to be removed;
16. 
Railroad rights-of-way located within two hundred (200) feet of the subject property;
17. 
Topography, including contours at five-foot intervals, with existing drainage channels or creeks;
18. 
Any 100-year floodplain as designated on the appropriate Flood Insurance Rate Map (FIRM) located on or within two hundred (200) feet of the subject tract. In the event that a 100-year floodplain is not located on the subject tract or within two hundred (200) feet of the subject tract, a note to that effect must be provided with the reference to appropriate panel number;
19. 
Any significant natural features such as rock outcroppings, caves, wildlife habitats, etc.;
20. 
All substantial natural vegetation;
21. 
Location of Gas/Oil wells or pipelines;
22. 
Location, type, size, and ownership of all existing water and wastewater lines. Said water and wastewater lines shall include all appurtenances - i.e. valves, hydrants;
23. 
Location, type, and size of all drainage and other underground structures;
24. 
Proposed connection to all existing water, wastewater, and drainage systems;
25. 
Adjacent political subdivisions, corporate limits, and/or school district boundaries;
26. 
Proposed strategies for tree preservation proposed strategies for tree preservation [sic] in accordance with Section 3.5 [Article 3.05] of the Town’s Code of Ordinances (showing individual trees or tree masses that will preserved, and the techniques that will be used to protect them during construction);
27. 
The layout and width (right-of-way lines) of existing and proposed thoroughfares, collector streets and/or intersections, and a general configuration of proposed streets, lots and blocks, including proposed median openings and left turn lanes on future divided roadways;
28. 
Existing and planned driveways located within two hundred (200) feet of the subject tract, including those located on the opposite side of divided roadways;
29. 
A general arrangement of land uses, buildings and other structures, including but not limited to:
a. 
Proposed nonresidential and residential densities;
b. 
Building footprints for each proposed structure;
c. 
Building heights;
d. 
Building square footages for each proposed structure. For multi-tenant or multi-purpose buildings, show the square footage for each intended use;
e. 
Building massing and orientation;
f. 
Location of loading/service areas;
g. 
Location of recycling containers, compactors, dumpsters and their enclosures;
h. 
Sidewalks and pedestrian walkways;
i. 
Parking plan showing the proposed on-site parking stalls with dimensions and driveway aisles with dimensions;
j. 
Retention/detention ponds with proposed aesthetic treatments;
k. 
Screening walls;
l. 
Fences;
m. 
Signage;
n. 
Fire lanes with dimensions for fire lane aisles and turn-arounds;
o. 
A lighting plan for all external lighting demonstrating that the City’s lighting standards have been met. Said lighting plan shall include the following:
1. 
The location and type of all lighting fixtures including the height of all pole lights;
2. 
A photometric analysis showing the estimated illumination at the property line;
3. 
The type of illumination fixtures to be utilized;
4. 
The type and method of shielding proposed;
5. 
Visibility easements; and
6. 
Any proposed sites for parks, schools, public facilities, public or private open spaces;
29a. 
A landscape plan meeting the Town of Bartonville standards for landscape plans as specified in Chapter 18 of this Ordinance;[1]
[1]
Editor’s note—Renumbered for sequence.
30. 
An irrigation plan meeting the Town of Bartonville standards for irrigation plans as specified in Chapter 18 of this Ordinance;
31. 
Building facade (elevation) plans showing the type and color of the exterior materials to be utilized for each building or structure and each screening wall. Said building elevations shall be drawn to a scale of one inch equals twenty feet (1" = 20') or any such scale as designated by the Town Secretary, or his/her designee; and
Provision of the above items shall conform to the principles and standards of this Ordinance and the Comprehensive Plan. To ensure the submission of adequate information, the Town is hereby empowered to maintain and distribute a separate list of specific requirements for site plan review applications. Upon periodic review, the Town Secretary, or his/her designee, shall have the authority to update such requirements for site plan and development review applications. It is the applicant’s responsibility to be familiar with, and to comply with, these requirements.
J. 
Action by Planning and Zoning Commission or Town Council.
An application for a site plan shall be considered administratively complete upon the occurrence of all of the following: (1) the Town staff and the Town Engineer have determined that the application for a site plan meets all requirements of applicable Town ordinances so that it may be reviewed by the Planning and Zoning Commission or Town Council; (2) the site plan has been placed on a duly posted agenda for the Planning and Zoning Commission or Town Council; and (3) the Planning and Zoning Commission or Town Council has taken action on the site plan. The Filing Date of a site plan means the date a site plan is considered by the Town to be administratively complete and is heard by either the Planning and Zoning Commission or Town Council.
The Planning and Zoning Commission or Town Council may take one of the following actions: (a) approve the site plan; (b) approve the site plan with conditions; or (c) disapprove the site plan.
In the event the Planning and Zoning Commission or Town Council conditionally approves or disapproves a site plan, the Planning and Zoning Commission or Town Council shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval, in accordance with Section 212.0091 of the Texas Local Government Code, as amended. After the conditional approval or disapproval of a site plan, the applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason provided for the disapproval, in accordance with Section 212.0093 of the Texas Local Government Code, as amended. In the event the Planning and Zoning Commission or Town Council receives such a response from the applicant, the Planning and Zoning Commission or Town Council shall determine whether to approve or disapprove the applicant's previously conditionally approved or disapproved plan not later than the fifteenth (15th) day after the date the response was submitted, in accordance with Section 212.0095 of the Texas Local Government Code, as amended.
The statutory 30-day time frame for site plan approvals, established by Chapter 212 of the Texas Local Government Code, shall commence on the Filing Date.
Pursuant to Section 212.009(b-2) of the Texas Local Government Code, as amended, upon application in writing by the applicant, the Planning and Zoning Commission or Town Council may approve one (1) Extension of Right to 30-Day Action, such Extension not to exceed 30 additional days.
K. 
Effect of Review/Approval:
The Site Plan shall be considered authorization to proceed with construction of the site provided all other required Town approvals are obtained (such as final plat, engineering plans, etc.).
L. 
Validity and Lapse of Site Plan Approval:
1. 
The approved Site Plan shall be valid for a period of two (2) years from the date of Site Plan approval by the Town Council. By the end of the two-year period, the applicant must have completed the next “progress benchmark” as set forth below. If this is not accomplished, then the approved Site Plan shall expire and shall become null and void.
Approved Plan
––>
Next “Progress Benchmark”
Site Plan
<––
Engineering release and commencement of construction of public improvements, and application for a building permit for at least one of the buildings on the approved Site Plan within two (2) years following approval of the Site Plan.
2. 
Extension and Reinstatement Procedure:
a. 
Prior to the lapse of approval for a Site Plan, the applicant may petition the Town (in writing) to extend the Site Plan approval.
b. 
Such petition shall be considered by the Town Council, and an extension may be granted by the Town Council at such meeting.
c. 
If no petition is submitted, then the Site Plan shall be deemed to have expired and shall become null and void. Any new request for Site Plan approval shall be deemed a “new project,” and shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section. The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.
d. 
In determining whether to grant a request for extension, the Town Council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the Site Plan at that point in time.
M. 
Notice:
All Site Plan submissions shall be subject to the noticing requirements of Appendix A.5, General Notice Requirements.
(Ordinance 361-05 adopted 3/22/05; Ordinance 513-11, sec. 2, adopted 3/15/11; Ordinance 564-14, sec. 2, adopted 7/15/14; Ordinance 681-20 adopted 2/18/20; Ordinance 760-23 adopted 11/21/2023)