A.
Every new building or structure and every change in an existing building
or structure shall be subject to the site development plan requirements
outlined in this section, unless the building or structure is an approved
detached dwelling, two-family dwelling, gazebo, dock.
B.
Prospective applicants are urged to contact the City Planner to discuss proposal specifics and, if advised, schedule a preapplication meeting as defined in § 170-35A. If there exists any lack of clarity as to the intent of this article, the review of any site development plans for construction within the City of Lewes will be referred to the Planning Commission (§ 170-33C) for consideration.
[Amended 7-10-2023]
C.
Site development review authority.
[Amended 7-10-2023]
(1)
The Planning Commission shall complete its review in no more than
120 calendar days.
(3)
The
Planning Commission may refer a site development plan application
to HPARC when the Planning Commission determines the architecture
of the building requires review or the Planning Commission requests
assistance with the architecture of the structures.
D.
Site development plans shall be subject to review by the Planning
Commission and approval by City Council if they meet the following
thresholds:
[Amended 7-10-2023]
(1)
New structures that collectively consist of 5,000 square feet or
greater in floor area;
(2)
Additions to existing structures where additional floor area is greater
than 5,000 square feet;
(3)
Additions of impervious surface where new or additional impervious
surfaces constitute 15% or more of the existing impervious surface
area and are equal to or greater than 5,000 square feet of impervious
surface; or
(4)
Adjacent to residential: nonresidential site plans with site disturbance
greater than 2,500 square feet and adjacent (within 50 feet) to residential
uses or residential zones.
E.
Administrative site development plan review. Any development that
does not meet the thresholds for a Planning Commission review described
above shall be processed as administrative site development plan.
[Amended 7-10-2023]
F.
If a proposed use or development requires Planning Commission review under the land subdivision regulations of the City of Lewes as set forth in Chapter 170, the application for preliminary review, under § 170-19 of this chapter, and the application for site development plan approval shall be submitted and reviewed concurrently. If upon evaluation by the City Planner, during the preapplication meeting, the subdivision is limited to a parcel consolidation or lot line revision that review can be processed in accordance with § 170-14 or 170-14.1, in conjunction with the site development review, by the Planning Commission at the public meeting. The Planning Commission will send its recommendation for the site development plan and any lot consolidation or lot line revision to City Council for review and approval.
[Amended 7-10-2023]
A site development plan review is conducted for the purposes outlined in § 170-2, Purpose, of this chapter. In considering and acting upon site development plans, the following objectives shall be taken into consideration and appropriate conditions and safeguards shall be prescribed to ensure that the objectives are satisfied and the proposed development complies with the expressed purpose:
A.
All street and circulation patterns will provide for the safe, efficient and convenient movement of vehicular and pedestrian traffic. Vehicular and pedestrian traffic shall be functionally separate, wherever possible. Adequate parking, as applicable, should be designed so as to limit the use of each street or circulation path to that use for which it is designated, insofar as possible. Within the context of overall community development, the internal circulation should promote and encourage the increased use of pedestrian and bicycle movement among residential, local shopping, schools and other areas, through the use of connecting open space, bicycle/pedestrian ways and other design techniques and devices. Final plans shall comply with defined standards (§ 170-27, Streets), particularly with respect to their connections with public streets.
B.
The provision of adequate access to all proposed structures, equipment,
or material within the site for fire, ambulance, police, and other
emergency services.
C.
The provision of adequate off-street parking and loading to accommodate
the vehicles of persons connected with or visiting the site and to
obviate the parking of such vehicles in public streets.
D.
An assessment of compatibility between the proposed development with adjacent area land uses should be conducted. Site design provisions that seek to connect or extend compatible locations or screen or separate areas where conflicts are anticipated should be utilized as part of the site plan. Applicants should incorporate design criteria defined in § 170-26, General standards, as it pertains to the proposed development.
E.
A site layout along with identified strategies that demonstrates
minimal impacts to adjacent properties and local resources, including:
(1)
The location, power, direction, type and time of any outdoor lighting of the site (follow standards in § 170-26C, Lighting);
(2)
Wetlands and floodplain along with proposals that outline how the
proposed development will alleviate any problems associated with increased
flooding and runoff;
(3)
Any proposed open space or adjacent areas of protected open space (use criteria defined in § 170-26E, Open space requirements);
(4)
Locations that have been identified as scenic (byways), natural and
historical features in the Lewes Comprehensive Plan.
F.
Landscaping of the site in a manner that is in character with that generally prevailing in the neighborhood and which minimizes tree removal and provides reasonable screening, at all seasons of the year, of all playgrounds, parking areas, and service areas from the view of adjacent residential properties and streets. Final plans shall comply with defined standards (§ 170-26D, Landscaping requirements) for the development.
G.
In applicable cases, a stormwater drainage system and layout which would afford the best solution to any drainage problems. Final plans shall comply with defined standards (§ 170-30, Stormwater management system) for the development.
H.
Nonresidential and multifamily residential buildings shall comply
with the following standards, where applicable:
(1)
Large mechanical equipment or other utility hardware on the roof,
ground or buildings shall be screened from public view with materials
harmonious to the building.
(2)
Exterior lighting shall be part of the architectural concept. Fixtures,
standards and all exposed accessories shall be harmonious with the
building design.
(3)
Refuse and waste removal areas, service yards, storage area, yards
and exterior work areas shall be screened from public view with materials
harmonious with the building.
(4)
Locate the building at a minimum setback line with the maximum length
of the building facing along the street to provide frequent and convenient
pedestrian connections between buildings and public sidewalks.
(5)
Minimize the public view of large parking areas and service facilities:
provide a continuous edge along the street.
(6)
Visually enclose and define public street space that is comfortable
to pedestrians in proportion and scale.
(7)
Design and place buildings in order to preserve and enhance special
street views. In particular, views of important buildings and natural
features, focal points at T-intersections and views along curbs and
roadways should be encouraged.
(8)
Position new buildings to ensure the adjacent properties have visual
privacy and sunlight, as well as protection from the new development's
site illumination, noise and odor.
(9)
In terms of shape, style, rooflines, color and materials, buildings
shall be designed to complement and contribute to a desirable community
character.
(10)
Design landscaping and buildings that are adjacent to historic
properties to be complementary to the significant historical features.
[Amended 7-10-2023]
(11)
Design and position buildings to screen unsightly elements,
such as shipping and loading areas, transformers, dumpsters and meters,
from public view.
(12)
Design the building roof to screen mechanical equipment from
view and contribute to an attractive visual setting.
(13)
Design the building to ensure adequate blending of the storm
drainage requirement with the local environment.
(14)
Design the buildings and structures to avoid large expanses of blank
walls and to use materials that complement the aesthetic of the buildings
and structures within the City.
[Added 7-10-2023]
I.
Ensure that large-scale development projects involving phased construction
periods are planned and implemented in accordance with an approved
site development master plan.
A.
Preapplication meeting. Prior to the submission of a site development
plan, the applicant or his representative shall meet in person with
the City Planner or a Building Department official to review a sketch
plan and discuss application requirements. The purpose of this meeting
shall be to discuss proposed uses or developments in order to determine
how to proceed with the application. Depending on the type of proposal,
the meeting shall determine if the site development plan should be
submitted for processing as an administrative site plan or referred
to the Planning Commission. The City Planner or Building Official
shall provide the applicant with a copy of the site development plan
application form, which will identify required plan contents. In addition,
applicants submitting commercial use or proposals that fall within
an adopted historic district will be advised on review processes that
may be applicable to the proposal.
[Amended 7-10-2023]
B.
For applications to be processed as an administrative site review under § 170-36, the applicant shall be informed at the preapplication meeting which items from the site development plan requirements checklist will be needed for determination of conformity with the provisions and intent of this section, along with any other comments and suggestions to ensure a complete application.
C.
For applications to be referred to the Planning Commission under § 170-37, the applicant shall be advised at the preapplication meeting which items from the site development plan requirements checklist will be needed for determination of conformity with the provisions and intent of this section, along with any other comments and suggestions to ensure a complete application. The JSDRC may request any additional plan details from § 170-40 if they determine the information is needed as part of the application review.
[Amended 7-10-2023]
D.
Fees.
(1)
Fees are identified in the City's fee schedule.
[Amended 7-10-2023]
(2)
The City may require, at the applicant's expense, additional materials,
studies, or reports and may charge other unspecified fees necessary
to review the site development plan application if the City expects
to incur costs in retaining outside technical support, to consider,
examine, review and make reports and recommendations concerning the
plan, as submitted.
A.
Process for administrative site plan application. If, as a result of the preapplication meeting as described in § 170-35A it is determined that the proposed uses or development is of a type that may be approved by a City Planner, the applicant shall submit the application for site development plan approval to the City Planner with the required documentation as defined in § 170-40, Site development plan submission requirements, to the extent required by the City Planner. If a party other than the owner of record is making application, a letter of permission from the owner of record must be submitted designating that applicant as an authorized agent. Upon submission of a site development plan to the City Planner and prior to consideration of such plan by the City Planner, the applicant shall make a deposit in an amount defined in § 170-35D, Fees. The City Planner shall coordinate the reviews of the various administrative departments of the City of Lewes and review the application within 30 calendar days of the date of submission.
[Amended 7-10-2023]
B.
Final plans and working drawings. Following initial review and comment
by the City Planner the applicant shall develop final site development
plans for approval by the Building Department. The City Planner shall
determine that all necessary approvals have been issued by City departments
and outside regulatory agencies prior to issuing final plan approval.
No building permit shall be issued until such time that the City Planner
has issued final site plan approval.
C.
Expiration. Administrative site development plan approval shall expire
12 months from the date of final approval by the City Planner if construction
of the work authorized or use permitted has not started or unless
an extension of time is applied for by the applicant and granted by
the Planning and Building Department. Approval shall also expire if
the construction of work authorized has stopped for a period of one
year, unless an extension of time is applied for and granted by the
Planning and Building Department.
[Amended 7-10-2023]
D.
Circumventing ordinance requirements. Administrative site plans shall not be used to circumvent the requirement of JSDRC/City Council site plan review. If the City Planner determines that cumulative administrative site plans on a property are being used to circumvent the requirements of this chapter or other provisions of the Lewes Code of Ordinances, the City Planner shall refer the application to the Planning Commission, subject to the requirements of subsection § 170-37.
[Amended 7-10-2023]
[Amended 7-10-2023]
A.
Site development plan. If, as a result of the preapplication meeting as described in § 170-35A, it is determined that the proposed uses or development are of a type that would be evaluated by the Planning Commission for review, and referral to City Council for approval or disapproval, the applicant shall submit an application as described in this section.
B.
Initial application. Any individual, firm, association, syndicate, corpartnership, corporation, trust, or any other legal entity interested in applying for approval of a land development located wholly or partially within the City of Lewes shall submit, in writing, to the City Planner for review by the Planning Commission complete copies of a site development plan as described in § 170-40, Plan requirements, to the extent required by the City Planner, including an electronic version, of the following:
(1)
Identity of applicant.
(2)
If a party other than the owner of record is making application,
a letter of permission from the owner of record must be submitted
designating that applicant as an authorized agent.
(3)
If the applicant is a partnership, the applicant shall identify the
name and address of each individual composing the partnership, including
all limited partners.
(4)
If the applicant is a corporation, the applicant shall identify:
(5)
If the applicant is a limited-liability company, the applicant shall
identify the name and address of each member.
(6)
If the applicant is an individual, the applicant shall identify his/her
name and address.
C.
The application for site development plan approval shall be submitted
to the City Planner at least 30 calendar days prior to the Planning
Commission meeting for its review.
D.
The application for site development plan approval shall be accompanied by a fee as defined in § 170-35D, Fees. The applicant shall make a deposit in an amount to be determined by the City of Lewes for the purpose of covering the costs, if the City expects to incur costs in retaining outside technical support, to consider, examine, review and make reports and recommendations concerning the plan, as submitted. Upon final disposition of the plan, as submitted, the City of Lewes shall determine the cost which has been incurred in considering, examining, reviewing and making reports and recommendations concerning the plan and shall deduct that cost from the deposit make by the applicant. If the deposit exceeds the cost incurred by the City of Lewes, the remaining amount shall be refunded to the applicant by the City without interest. If the deposit is less than the cost incurred by the City, the applicant shall pay such deficiency prior to any final approval being issued by the City Council.
E.
The applicant shall submit a letter from the Board of Public Works
indicating whether utilities are existing and available. Such letter
shall further identify the status of the capacity of the utility systems
for the project and the limitations and notations which the Board
of Public Works has placed on the review and approval of plans.
F.
Public meeting. The Planning Commission shall review the site plan application, as part of a public meeting at a regular or special meeting subject to public notification by the applicant in accordance with § 170-9, Notice requirements.
G.
Planning Commission recommendation. The Planning Commission shall evaluate the proposed site development plan using the objectives defined in § 170-34 to reach a decision to recommend approval, approval subject to conditions or disapproval. Said recommendation shall be forwarded to the Mayor and City Council within 30 calendar days following the review by the Planning Commission.
[Amended 7-10-2023]
A.
Mayor and City Council review. Within 60 calendar days of receiving
the Planning Commission's report and recommendations on the site development
plan application, the Mayor and City Council shall consider the application
at a public hearing.
(1)
Public hearing notification shall be provided by the applicant in accordance with § 170-9, Notice requirements.
(3)
Mayor and City Council action. The Mayor and City Council may take
any of the following actions upon reviewing the site development application
following the public hearing:
(a)
Approve the site development application, subject to the standard
conditions outlined in this chapter.
(b)
Approve the site development application, subject to the standard
conditions outlined in this chapter and such special conditions as
may be imposed or directed.
(c)
Deny the site development application. Should the Mayor and
City Council deny the site development application, the applicant
may recommence the process by submitting a site development application
and paying the costs and fees required for a new application. Such
new application shall be subject to any changes in ordinances, regulations,
and procedures since the original application was filed.
(d)
Remand the site development application to the Planning Commission
for further review, along with an explanation of the reason for remanding
the application.
(e)
Suspend review of the site development application pending one
of the following:
[1]
Further consideration by the Mayor and City Council.
[2]
Receipt of certain additional information.
[3]
In the case of a development or subdivision to be completed
in sections or phases grant or deny provisional approval of the site
development plan showing the proposed land development in its entirety,
and grant or deny a supplemental application for the section or phase
to be developed.
[4]
In the case of a development or subdivision to be completed
in sections or phases where provisional approval has already been
granted by the Mayor and City Council, grant or deny a supplemental
application.
(f)
Refer a site development plan application to HPARC when the Mayor
and City Council determines the architecture of the building requires
additional review or the Mayor and City Council requests assistance
with the architecture of the structures.
(4)
Notice of decision. Notification, in writing, of approval taken by
the Mayor and City Council will be transmitted promptly to the applicant,
along with copies of such approval to the City Engineer and Board
of Public Works (BPW).
A.
Following approval, the applicant shall develop final site plans
for processing by the City Planner. The City Planner shall determine
that all necessary approvals have been issued by City departments
and outside agencies regulating street access and stormwater management,
prior to issuing final plan approval. No building permit shall be
issued until such time that the City Planner has issued final site
plan approval.
B.
The City Planner may approve minor changes in site plans after approval
by City Council and approve issuance of building or zoning permits
accordingly if, in his/her opinion, such changes do not substantially
affect the original approval of conditions attached thereto.
C.
Amendments. The City Planner shall review proposed amendments to
determine if they are substantial in nature. Amendments that are deemed
substantial may be referred to the Planning Commission for consideration
at the discretion of the City Planner. The procedure for amendment
of the site development plan shall be the same for a new application,
except that amendments of an approved site development plan or of
conditions attached to an approved plan may be approved by the Planning
Commission at a regular meeting after receiving written reports by
the City Planner, provided that such change or amendment:
[Amended 7-10-2023]
(1)
Does not alter a recorded plat.
(2)
Does not conflict with the specific requirements of this chapter.
(3)
Does not change the general character or content of an approved development
plan or use.
(4)
Applies to an approved condition originating with the Planning Commission
and not the Mayor and City Council.
(5)
Has no appreciable effect on adjoining or surrounding property.
(6)
Does not result in any substantial change of major external access
points.
(7)
Does not increase the approved number of dwelling units, square footage
or height of buildings.
(8)
Does not decrease the minimum specified yards and open spaces or
minimum or maximum specified parking and loading spaces.
(9)
For any other changes, the applicant would be required to resubmit
a site development plan for review and approval.
D.
Expiration of site development plan approval.
(1)
Site development plan approval shall expire 12 months after the date
of final or conditional approval of the Mayor and City Council if
construction of the work authorized or use permitted has not started
or unless an extension of time is applied for by the applicant and
granted by the Mayor and City Council. Approval shall also expire
if the construction of work authorized has stopped for a period of
one year, unless an extension of time is applied for and granted by
the Mayor and City Council.
(2)
The City Planner, upon request and for good cause (§ 170-14E), may grant a maximum of two extensions of six months each from the one year deadline. Each application for extension shall be filed with the City Planner at least 30 calendar days' prior to the expiration date of the plan approval. If after the original 12 months and two six-month extensions construction is not commenced, and such construction and conditions or contingencies established by the Mayor and City Council are not met, the applicant can request an additional one-year extension by submitting a request to City Council 30 calendar days before expiration through the City Planner for review and approval by City Council.
(3)
In considering a request for an extension of approval, the Mayor
and City Council shall consider, but not be limited to, the following:
(a)
Whether the project has been delayed for reasons beyond the
control of the applicant, excluding economic or financial reasons.
(b)
Whether the applicant has made substantial progress toward obtaining
final approvals.
(c)
Whether there have been any significant changes in the surrounding
neighborhood.
(d)
Whether there have been any related amendments to the Zoning
Map or text, or the comprehensive plan, or if any waivers or variances
have been granted.
(e)
Requests for extensions shall be submitted, in writing, to the
Planning and Building Department.
[Amended 7-10-2023]
(f)
Under no circumstances shall the City grant extensions beyond
36 months from the date of first approval.
A.
The applicant shall cause a site development plan to be prepared by a civil engineer, surveyor, land planner, or architect. The applicant shall submit copies of the site development plan to the Building Department at the time of filing the formal application for site development plan approval under the provisions of § 170-36, Administrative site development plan review, or § 170-37, Planning Commission site development plan review and action.
[Amended 7-10-2023]
B.
Prior to creating a site development plan, the applicant(s) shall have met with the City Planner or Building Official as required by § 170-35 to discuss the process and review requirements for a complete plan submission using the site development plan application form. The site development plan shall include those items selected from the site development plan requirements checklist that were defined by the City Planner during the preapplication meeting.
C.
Final site development plan requirements. The final site development
plan shall comply with all existing laws, regulations and ordinances
governing the approval of subdivisions or land developments and provide
sufficiently accurate dimensions and construction specifications to
provide the data necessary for the issuance of construction permits.
The Mayor and City Council may establish additional requirements for
final 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. If a preliminary site plan is approved by
the Mayor and City Council without the inclusion of a particular requirement,
the Mayor and City Council is deemed to have waived that requirement.
