Queen Annes County, MD
 
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Table of Contents
Table of Contents
A. 
When required.
[Amended 4-24-2007 by Ord. No. 07-04]
(1) 
In accordance with § 18:1-7, and except as provided in Subsection A(2) of this section, site plan approval is required with respect to all planned residential development and nonresidential development.
(2) 
Site plan approval is not required for the following development:
(a) 
Farm buildings on a farm;
(b) 
Existing not-for-profit youth camps;
(c) 
Conversion of an existing residential building to a commercial use, that does not involve the construction of additional floor area or outside storage; or modification of a single-family dwelling to a conversion dwelling; except that a concept plan shall be submitted which demonstrates adequate parking, landscaping, resource protection and stormwater management, as well as proper access to the property and compliance with the district regulations set forth in Chapter 18:1, Part 3, Article V, of this Chapter 18;
(d) 
Additions to existing nonresidential buildings that existed on April 9, 1987, if the addition and all previous additions to the building since April 9, 1987, cover 10% or less of the allowed floor area of the site in which the building is located;
(e) 
Improvements not related to buildings that do not increase impervious surface area by more than 10% as it existed on April 9, 1987;
(f) 
Additions to existing nonresidential buildings constructed after April 9, 1987, if the addition and all previous additions to the building since April 9, 1987:
[1] 
Cover 10% or less of the allowed floor area of the site in which the building is located, provided that they do not increase the total floor area by more than 5,000 square feet as determined under Chapter 18:1, Part 3, Article V; and
[2] 
Do not result in a change to parking design, traffic circulation or the location of driving aisles and medians on the site or to a degree which the Planning Director considers inconsistent with County parking and loading standards; and
[3] 
Do not significantly change building materials, architecture or building layout or increase building height in a manner or to a degree that the Planning Director considers inconsistent with County standards or with previous Planning Commission approvals; and
[4] 
Do not require any other modifications that the Planning Director considers significant enough to warrant submission of a site plan, amendment of an approved site plan, and/or full Planning Commission review.
(g) 
Improvements not related to buildings that do not increase by more than 10% impervious surface area created after April 9, 1987, and
[1] 
Do not result in a change to parking areas, traffic circulation and the location of driving aisles and medians on the site or to a degree which the Planning Director considers inconsistent with County parking and loading standards; and
[2] 
Do not require additional stormwater management; and
[3] 
Do not require any other modifications that the Planning Director considers significant enough to warrant submission of a site plan, amendment of an approved site plan, and/or full Planning Commission review.
(3) 
Site plan approval is required for all utility-scale solar arrays.
[Added 1-23-2018 by Ord. No. 17-17]
B. 
Effect of requirement. If site plan approval is required by this section, a permit or approval required under this Part 7 may not be issued until a site plan has been finally approved in accordance with this article.
C. 
Additional requirements.
(1) 
Additional site plan revision requirements are set forth for development proposed within the WVC District.
(2) 
Where proposed development creates new impervious surface or relocation of existing floor area, additional stormwater management requirements may apply.
A person seeking review and approval of a site plan has the sole burden of supplying all information required by this article and of establishing any fact necessary to any determination to be made under any provision of this article.
A. 
Minor site plan defined. In this section "minor site plan" means a site plan that involves only:
(1) 
Planned residential developments with five or fewer dwelling units.
(2) 
Projects resulting in total floor area (existing or proposed) of equal to or less than 10,000 square feet.
(3) 
Outside areas used for sales, storage, or display.
(4) 
Approval of projects in any County business park.
B. 
Procedure.
(1) 
A minor site plan, or an amendment to a major or minor site plan that does not change its character, as indicated in § 18:1-157 of this Chapter 18:1, may be approved and signed by the Planning Director with the concurrence of all appropriate agencies.
(2) 
In connection with any minor site plan, the Planning Director shall have those powers conferred upon the Planning Commission by this article that are necessary to exercise that authority.
(3) 
A minor site plan may be referred to the Planning Commission for review under either of the following conditions:
(a) 
The Planning Director determines that the project warrants review by the Planning Commission; or
(b) 
The applicant requests that the project be reviewed by the Planning Commission.
The purpose of §§ 18:1-142 through 18:1-147 of this article is to provide a method for prompt determination of matters relating to a site plan that require consideration by the Planning Commission without subjecting an owner to the expense of furnishing information required under §§ 18:1-148 through 18:1-150 of this article.
A. 
Special application. Instead of filing a site plan, an applicant may file a special application and, if applicable, a concept plan for a preliminary determination by the Planning Commission with respect to matters specified in the application.
B. 
Contents of special application. The special application shall specifically identify the matters that the owner seeks to have determined and shall include any information that is relevant to a full and complete evaluation of those matters. The owner shall at all times have full responsibility for furnishing all such relevant information.
C. 
Concept plan: required information.
(1) 
A plat shall contain a location map that indicates the location of the subdivision or development in relation to municipal boundaries and traffic facilities.
(2) 
A plat shall show the boundaries of the land that is the subject of the application and specify the location and position of the proposed development. A copy of the property deed must be indicated.
(3) 
A plat shall show the status of all land adjacent to the property that is the subject of the application.
(4) 
A plat shall indicate the characteristics of the land to be subdivided or developed and all resources that require protection in accordance with Chapter 18:1, Part 4, Article IX, of this Chapter 18:1.
(5) 
The plat shall indicate all existing and proposed structures, roads, parking areas and setbacks, including dimensions. Parking and buffer yards must be shown on the plat and must include all computations as to how numbers were arrived at.
(6) 
The plat should include an environmental review with comments by the Department of Natural Resources. Critical areas designation and delineation (IDA, LDA and RCA) and buffers must be indicated on the plat.
(7) 
The concept plan shall include preliminary information as required under the Chapter 18:2, Forest Conservation, of this Chapter 18.
(8) 
The concept plan shall indicate the following site statistics:
(a) 
Minimum required landscape surface area for site;
(b) 
Proposed landscape surface area;
(c) 
Maximum amount of allowable floor area;
(d) 
Floor area proposed;
(e) 
Number of required parking spaces;
(f) 
Zoning of proposed and adjacent sites;
(g) 
Amount of allowable impervious area;
(h) 
Total site area, open space, net buildable area, and impervious area;
(i) 
Amount of proposed impervious area; and
(j) 
Area of proposed roads for right-of-way.
(9) 
A concept plan shall include the following note: "Planning Commission approval of this concept plan shall not constitute an approval of the proposal or a finding by the Planning Commission that provisions of this Chapter 18 or other requirements of the County Code have been satisfied. Approval of this concept plan only grants permission for the applicant to pursue additional approvals from the Planning Commission, the Sanitary Commission and other interested agencies."
D. 
Determination by Planning Director. If the Planning Director determines on the basis of the application that all information sufficient to evaluate the requested determination has been furnished, the Planning Director shall so inform the owner in writing. Alternatively, the Planning Director may require the applicant to submit additional information that the Planning Director deems necessary for a full and complete consideration of the requested determination. Until such information is furnished, an application is not complete under this section.
A. 
Action by Commission.
(1) 
After submission of a complete special application, the Planning Commission shall consider the matters with respect to which a determination is sought.
(2) 
The Commission may require additional information that it deems necessary for a full and complete consideration of the requested determination and until such information is furnished, no determination shall be made.
(3) 
The Commission may attach any conditions to its determination that might be attached with respect to the matters under consideration in any final approval under §§ 18:1-152 through 18:1-156 of this Chapter 18:1.
B. 
Basis of determination. A determination by the Commission under this section shall be made:
(1) 
On the basis of the information submitted with respect to the matters referred to in the application; and
(2) 
On the assumption that, as to all matters not specifically referred to in the special application, the proposed concept plan fulfills all requirements of this Chapter 18:1.
A. 
Preliminary determination. Any determination made by the Planning Commission under the provisions of §§ 18:1-142 through 18:1-147 of this Chapter 18:1 shall be considered as preliminary for all purposes. All matters involved in the preliminary determination are subject to reevaluation at the time when the complete site plan is submitted to the Planning Commission in accordance with §§ 18:1-152 through 18:1-156 of this Chapter 18:1.
B. 
Preliminary plan disregarded. Nothing in this section shall be construed to preclude the Commission from determining at the time the Commission considers the complete site plan that the preliminary determination should be disregarded or that different action is required because:
(1) 
This Chapter 18:1 or other applicable law or regulation was subsequently amended;
(2) 
The preliminary determination was made on the basis of insufficient or incomplete information;
(3) 
The overall site plan or particular aspects of the overall site plan contains relevant factors not considered by the Planning Commission in making the preliminary determination; or
(4) 
Conditions other than those referred to in the preliminary determination are necessary or desirable.
Following a preliminary determination by the Planning Commission, the owner may file an application conforming to all requirements of §§ 18:1-148 through 18:1-150 of this Chapter 18:1. In processing the application, full effect shall be given to the preliminary determination of the Planning Commission. However, the Planning Director or any agency making a report in accordance with § 18:1-151 of this Chapter 18:1 may indicate in its report any objection to the preliminary determination and/or any suggestions for modification of that approval. The objections and suggestions shall be considered by the Planning Commission at the time of its review in accordance with §§ 18:1-152 through 18:1-156 of this Chapter 18:1.
A. 
Scope.
(1) 
In this section, "variance" refers to a modification of density, bulk, or area requirements of this Chapter 18:1 and those requirements set forth in § 18:1-95B of this Chapter 18:1.
(2) 
Nothing in this section shall be construed to modify to any degree any provision of this Chapter 18:1 or other law that pertains to the criteria or procedure for considering or granting a variance.
B. 
Purpose. The purpose of this section is to provide a method for prompt determination of matters that require a variance, without subjecting an owner to the expense of furnishing information required under §§ 18:1-148 through 18:1-150 of this Chapter 18:1.
C. 
Special application. Instead of first filing a site plan, an applicant may file a special application and, if applicable, a concept plan for a preliminary determination by the Planning Director that approval cannot be given until a variance has been granted.
D. 
Contents of special application.
(1) 
The special application shall:
(a) 
Specifically identify the variance sought by the owner; and
(b) 
Include any information that is necessary for a full and complete evaluation of the variance and its effect upon the proposed site plan.
(2) 
The applicant shall at all times have full responsibility for furnishing all relevant information.
E. 
Concept plan: required information.
(1) 
A plat shall contain a location map that indicates the location of the subdivision or development in relation to municipal boundaries and traffic facilities.
(2) 
A plat shall show the boundaries of the land that is the subject of the application and specify the location and position of the proposed development. A copy of the property deed must be indicated.
(3) 
A plat shall show the status of all land adjacent to the property that is the subject of the application.
(4) 
A plat shall indicate the characteristics of the land to be subdivided or developed and all resources that require protection in accordance with Chapter 18:1, Part 4, Article IX.
(5) 
The plat shall indicate all existing and proposed structures, roads, parking areas, and setbacks, including dimensions. Parking and buffer yards must be shown on the plat and must include all computations as to how numbers were arrived at.
(6) 
The plat should include an environmental review with comments by the Department of Natural Resources. Critical areas designation and delineation (IDA, LDA, and RCA) and buffers must be indicated on the plat.
(7) 
The concept plan shall include preliminary information as required under Chapter 18:2, Forest Conservation, of this Chapter 18.
(8) 
The concept plan shall indicate the following site statistics:
(a) 
Minimum required landscape surface area for site;
(b) 
Proposed landscape surface area;
(c) 
Maximum amount allowable floor area;
(d) 
Floor area proposed;
(e) 
Number of required parking spaces;
(f) 
Zoning of proposed and adjacent sites;
(g) 
Amount of allowable impervious area;
(h) 
Calculation of net buildable area;
(i) 
Amount of proposed impervious area; and
(j) 
Area of proposed roads for rights-of-way.
F. 
Procedures for variance review.
(1) 
The Department may offer a formal response to an application only after:
(a) 
A complete site plan or building permit application and relevant plans are submitted; or
(b) 
A special application is submitted.
(2) 
Within 10 working days of receipt of a complete application, the Department shall notify the applicant in writing:
(a) 
Of whether the application cannot be approved unless a variance is granted;
(b) 
Of relevant variances the Department believes are necessary for project approval;
(c) 
Of additional information it requests if the determinations set forth in Subsections F(2)(a) and (b) of this section cannot be made based on the information submitted; and
(d) 
That the Department's comments are based entirely on the information submitted by the applicant.
(3) 
Formal variance appeal.
(a) 
Following receipt of the Department's written comments, the applicant may submit a formal variance appeal as prescribed by the Board to the Clerk to the Board.
(b) 
The Clerk to the Board shall forward copies of the application to the Departments of Planning and Zoning, Public Works, and Environmental Health, the State Highway Administration, and the Critical Areas Commission, if applicable.
(4) 
Application review.
(a) 
The Planning Director shall assign the case to a staff member.
(b) 
The designated staff member shall review the application and, based on the information submitted with the application, prepare a staff report as to staff's comments, concerns, and recommendations. Although the designated staff person may request that additional information be presented or that the application be amended, this request is not a requirement.
(c) 
Within 10 working days, the staff report shall be forwarded to the Board and to the applicant.
(5) 
The Attorney for the Board is responsible for scheduling a hearing date. Once the hearing date has been posted, additional information may not be added to the applicant's file.
A. 
Contents.
(1) 
Application for approval of a site plan shall be filed with the Planning Director by the owner of the lot to be affected or by the owner's attorney or agent, together with the fee prescribed by the County Commissioners.
(2) 
The application shall be on a form prescribed by the Planning Director and be accompanied by the plat and other information referred to in this section and §§ 18:1-149 and 18:1-150 of this Chapter 18:1.
(3) 
No action shall be taken with respect to an application until the Planning Director determines that all required information has been submitted.
B. 
Copies. An application, site plan, or other information required to be furnished by this article shall be accompanied by the number of copies of that information as prescribed by the Department of Planning and Zoning. After preliminary review, additional copies may be required for submission to the Planning Commission.
C. 
Scope of requirements. If any provision of this section or §§ 18:1-119 and 18:1-120 of this Chapter 18:1 requires information with respect to a physical feature or characteristic on or near the site, the provision shall be construed to mean that both existing and proposed features of that type are to be shown, with proper indication of whether each feature is existing or proposed.
D. 
Notice to adjacent property owners and volunteer fire departments. Applications for administrative, major and minor site plan approval, including applications for any amendment or revision to an approved site plan, shall include evidence, satisfactory to the Planning Director, that the applicant has provided written notice of the submission and purpose of the application to all adjacent property owners to the mailing address contained in the state property tax records. In addition all applications for site plan approval shall include evidence that the foregoing notice was provided to the local volunteer fire department providing primary service to the subject property and that the applicant has met with or offered to meet with and discussed, or offered to discuss, in good faith, the impact of such development on the provision of emergency services, the possible financial cost and impact thereof and the possible offset or mitigation by the developer of costs associated therewith.
[Added 6-24-2008 by Ord. No. 08-07; amended 7-10-2012 by Ord. No. 12-01]
E. 
Other information. In addition to the information specifically required by this article, the Planning Commission or the Planning Director may at any time require, in writing, that the applicant furnish any other information that will be requisite to the issuance of a zoning approval under this Part 7 if site plan approval is given.
A. 
Scale. A site plan shall contain a plat, drawn to a scale of not less than one inch equals 100 feet, that contains the information required by this section. The Planning Director may authorize the use of a different scale if, in the Planning Director's opinion, the information required to be shown on the plat can be presented with equal clarity by the use of a different scale.
B. 
General information. The following general information shall be shown on the plat:
(1) 
A small location key map showing the tract and illustrating its relationship to the nearest major street intersection and adjacent streets;
(2) 
A North arrow oriented to the top of the page and bar scale of the drawings;
(3) 
A title block including:
(a) 
The name of the development;
(b) 
The names and addresses of the persons shown as the record owners of the site as shown by the land records of the County;
(c) 
The name of the developer and the developer's architect, professional land surveyor, or engineer;
(d) 
The seal of the architect, professional land surveyor, or engineer; and
(e) 
The map, block, parcel/lot number;
(4) 
A separate block showing:
(a) 
The date of preparation of the plat first submitted under the provisions of this article;
(b) 
The dates of all subsequent revisions to the plat; and
(c) 
A brief summary of the nature of each revision.
(5) 
Required certifications.
[Amended 10-28-2008 by Ord. No. 08-21]
(a) 
Public Works certificate.
This is to verify that the site plan plat was approved by the Department of Public Works of Queen Anne's County on the ______ day of ______, 20 ___.
(Signature)
(b) 
Queen Anne's County Department of Emergency Services - Office of the Fire Marshal certificate.
This is to certify that the site plan plat was approved by the Department of Emergency Services - Office of the Fire Marshal on the ______ day of ______, 20 ___.
(Signature)
(c) 
Queen Anne's County Soil Conservation Service certificate.
This is to verify that the site plan plat was approved by the Queen Anne's County Soil Conservation Service on the ______ day of ______, 20 ___.
(Signature)
C. 
Legend. The plat shall contain a legend with the following information:
(1) 
The gross square footage of all buildings and structures;
(2) 
The present zoning of the site;
(3) 
The area, in square feet, of landscape surface area on the site not occupied by structures, paving, and other impervious surfaces;
(4) 
All plant types by name, plant quantities, and sizes used in landscaping; and
(5) 
With respect to nonresidential uses, the number of employees in the largest shift or, for places of assembly, the maximum capacity of the meeting or assembly space.
D. 
Physical features. The following information shall be graphically represented and identified, with further description as required:
(1) 
Property lines and right-of-way lines with metes, bounds, courses, and distances indicated;
(2) 
The ownership, use, and zoning classification of each adjoining property;
(3) 
Lines and dimensions of all easements, including off-site easements, that affect the site, together with the names of the record owner of each easement as shown by the land records of the County and a description of the facilities located or to be located within the easement;
(4) 
The location, size, and description of all natural resources as required under Part 4, Article IX, of this Chapter 18:1;
(5) 
The approximate location of all isolated trees having a trunk diameter of six inches or more, and all tree masses;
(6) 
All facilities for protection of shorelines, as required under Part 4, Article IX, of this Chapter 18:1;
(7) 
All building restriction lines and buffer yards as required under this Chapter 18:1 for the entire site;
(8) 
With respect to planned residential developments, the location and area of each lot or building site within the site plan;
(9) 
The location, size, height, and yard area of all structures and other improvements, including buildings, parking and loading areas, roads, walkways, drainage structures, utility poles, fences, and retaining walls, and a general description of the use for which each building is intended;
(10) 
With respect to multifamily and apartment developments, the location and configuration of buildings, locations of common ground areas, open space, major utility easements, and stormwater retention areas;
(11) 
All exterior sign design, including location and size of both freestanding and wall signs and illumination techniques;
(12) 
The location of all exterior lighting, including the height and spacing of all lighting standards, as required under § 18:1-85 of this Chapter 18:1;
(13) 
The location of outside refuse collection areas and type of enclosure proposed to screen all refuse containers from public view;
(14) 
The location of any existing or proposed well and septic fields; and
(15) 
The location and size of any proposed or existing exterior outside storage and display of retail or wholesale merchandise.
E. 
Traffic. The following information shall be graphically represented and identified with respect to internal and peripheral vehicular circulation:
(1) 
Curb cuts required to provide ingress and egress to and from adjacent streets;
(2) 
Widths, including any proposed widening, of all adjacent streets and rights-of-way and the size and location of traffic islands and medians;
(3) 
Location and dimensions of any new easements and right-of-way dedications;
(4) 
All street entrances on the opposite side of any street adjacent to the site;
(5) 
Location of all parking spaces, driving aisles, and medians on the site;
(6) 
Location and dimensions of all curbs; and
(7) 
Location and size of spaces to be used for outdoor vehicular and equipment storage and the location and description of screening for the spaces.
F. 
Drainage. The following information shall be graphically represented and identified with respect to drainage:
(1) 
All ponds, lakes, basins, sinkholes, or other bodies of water and the proposed use of each (e.g. recreational, retention, etc.);
(2) 
Storm sewers that will serve the site;
(3) 
The location of the sanitary sewer hookups and an indication of the sanitary sewer district or sewer company to serve the project;
(4) 
Major drainage facilities, such as bridges, culverts, channels, creeks, etc.; and
(5) 
The limits of the one-hundred-year floodplain zone.
G. 
Site grading. Contours of the site, referenced to U.S. Geological Survey data, and extending at least 50 feet in each direction outside of the site shall be graphically represented. Existing contour lines shall be differentiated from proposed contour lines. Normally, contour lines shall be at two-foot intervals. In cases of unusual topography, the plan should employ more descriptive contour intervals, varied frequency of contours, and/or spot elevations. The Planning Commission or the Planning Director may require such description in any case.
H. 
Landscaping. The location and size of deciduous and evergreen trees and ground cover and other landscaping elements, in accordance with the landscaping requirements of Chapter 18:1, Part 4, Article X, shall be graphically represented and identified.
I. 
Forest Conservation Ordinance. All forest conservation information required under Chapter 18:2 of this Chapter 18 shall be graphically represented and identified.
A. 
In general. A site plan shall also contain the information required by this section and may include other information that the applicant considers relevant to any factor to be considered by the Planning Commission. The information required by this section may be shown on the plat referred to in § 18:1-149 of this Chapter 18:1 or in separate documentation.
B. 
Specific requirements. The site plan shall contain:
(1) 
Two copies of:
(a) 
All recorded deeds by which the present owner holds fee simple title to the site; and
(b) 
All easements, covenants, and restrictions that affect all or any part of the site;
(2) 
One copy of the base site area and net buildable area calculations as required by this Chapter 18:1;
(3) 
The engineering specifications set forth in § 18:1-185 of this Chapter 18:1;
(4) 
Any sediment control plan required by the Sediment Control Ordinance;[1] and
[1]
Editor's Note: See Ch. 14:2, Erosion and Sediment Control.
(5) 
A color photograph and/or rendering of any proposed building as viewed from the front of the lot at the street lot line and elevation views of the remaining sides of the building, sufficient to represent adequately its appearance, massing and relationship to the site. All color photographs and/or renderings must:
(a) 
Show the building from the eye-level perspective of an average height person standing at the same elevation as the building;
(b) 
Include any existing or proposed accessory structures and landscape features (including, but not limited to, foundation landscaping; fencing, berms, pavement surfaces, canopies, signage, lighting fixtures, mechanical equipment, and dumpster areas) which would be visible in the immediate foreground, adjacent to the sides, or in the immediate background of the proposed building elevation view. Landscaping features must be consistent with the landscaping plan in size, plant maturity, and location;
(c) 
Include labeling to clearly identify the proposed building materials shown in the elevation views;
(d) 
Show elevation views for all sides of the proposed building, including sides which are not directly visible from a public way;
(e) 
Show elevations of all sides of the proposed building on the site plan; and
(f) 
Be submitted on an original submittal date or with any minor site plan application.
(6) 
A color photograph and/or rendering of any proposed signage shall be submitted, which adequately represents its appearance, massing, landscaping and illumination techniques, and relationship to site.
C. 
Cover letters. All original and revised development applications must be accompanied by an appropriate number of applications, plats, and cover letters outlining the project, noting any changes to the project, and addressing formal staff comments.
A. 
Preapplication meeting.
(1) 
Prior to the submittal of a new development application that requires Planning Commission approval, a preapplication meeting between the Department, the applicant and the applicant's engineer/surveyor is required.
(2) 
The purpose of this meeting is to provide the applicant with:
(a) 
Relevant guidance as to local, state, and federal policies and regulations;
(b) 
The development review schedule; and
(c) 
Time frames to the extent possible.
B. 
Development review schedule.
(1) 
The development review schedule applies only to development applications requiring Planning Commission approval.
(2) 
The schedule is updated on a yearly basis and is available at the Department.
C. 
Time frame. The development review schedule includes the following significant time frames.
(1) 
The original submittal date is the first regularly scheduled date when a project with a complete application may be submitted to the Department and included in the development review cycle. A submittal meeting between the Department and the applicant's agent is required.
(2) 
Staff Technical Advisory Committee (STAC) refers to the regularly scheduled date when relevant government agencies meet to review development applications and provide the applicant with formal comments. Each development application requires STAC review at least once. Development applications that involve concept and site plan approval require STAC review at each stage of the approval process. Revisions to approved site plans may not require additional STAC review. The Planning Director reserves the right to eliminate unnecessary STAC reviews, if appropriate. Formal staff comments will not be made available to the engineers/surveyors or applicants until a STAC meeting.
(3) 
The twenty-five-day cutoff is the regularly scheduled date that complete development applications may be submitted to the Department for consideration for the next regularly scheduled Planning Commission meeting. A submittal meeting between the Department and the applicant's agent is required.
(4) 
The fifteen-day administrative approval is the regularly scheduled date when the Department completes all development application reviews, sets the Planning Commission agenda and prepares Planning Commission staff reports.
(5) 
The Planning Commission meeting is the regularly scheduled date that the Planning Commission meets.
D. 
Incomplete applications. Incomplete development applications submitted on the original cutoff and/or twenty-five-day cutoff date will not be accepted or moved forward for the formal development review cycle. Should the applicant still desire staff review of the development application, the applicant must sign a letter of understanding indicating the applicant understands the development application is incomplete and will not be processed through the development review cycle. Incomplete development applications will be reviewed as staff time permits.
A. 
When made. Action may not be taken in accordance with this section or §§ 18:1-149 through 18:1-152 of this Chapter 18:1 until any major or minor subdivision necessary to establish the site has been finally approved and the applicant has delivered to the Planning Director:
(1) 
Reports containing an affirmative statement by each agency to whom the site plan has been referred that the site plan meets all requirements with which the particular agency is concerned and that the agency has no recommendations;
(2) 
The number of paper copies as prescribed by the Department of Planning and Zoning; and
(3) 
A disk that contains a CAD drawing illustrating all approved property lines only, if available.
B. 
Report. After determining that the site plan conforms with all requirements of this Chapter 18:1, the Planning Director shall promptly report those facts to the Planning Commission in writing.
A. 
Submission.
(1) 
The site plan, all other documents filed by the applicant, and the report of the Planning Director shall be submitted to the Planning Commission at its next regular meeting that is at least 10 days after the report of the Planning Director.
(2) 
The Commission may require the applicant to submit any additional information that it deems necessary to assist in its review of the site plan.
B. 
Requirements for approval. The Planning Commission may not approve any site plan unless it determines that the site plan:
(1) 
Meets all requirements of this Chapter 18;
(2) 
Will not substantially increase traffic hazards or safety concerns due to traffic generated by the proposed use, the location or orientation of curb cuts, or the layout of internal circulation;
(3) 
Contains a layout of buildings, parking, roads, and utilities that does not substantially increase fire, health, or other public safety hazards;
(4) 
Is adequately buffered and screened to minimize potential adverse impacts to neighboring properties and public rights-of-way;
(5) 
Will not substantially increase stormwater drainage or pollution;
(6) 
Will not have an unreasonably adverse effect upon property values in the vicinity of the site;
(7) 
Will not adversely affect the public welfare, and will provide for public safety through compliance with the State Fire Code and with any applicable County or municipal Fire Codes.
[Amended 2-12-2008 by Ord. No. 06-103]
(8) 
Is compatible with the general character of the surrounding neighborhood.
C. 
Approval. If the Planning Commission determines that the site plan fulfills all of the requirements for approval, it shall approve the site plan.
D. 
Conditional approval. If the Planning Commission determines that the site plan does not adequately fulfill any one or more of the requirements for approval and that such inadequacy may be removed by amendment of the site plan or the application of conditions to approval, the Commission may approve the site plan subject to such conditions and/or submission of a revised site plan containing changes that the Commission determines will adequately fulfill the requirements for approval.
E. 
Denial of approval. If the Planning Commission determines that the site plan does not fulfill any one or more of the requirements for approval and that the requirements for approval cannot be fulfilled by amendment to the site plan or by the application of conditions to approval, the Commission shall deny the application. The decision shall contain the reasons for denial.
F. 
Notification. Unless the applicant or the applicant's representative is present at the meeting at which action is taken by the Planning Commission, the Planning Director shall:
(1) 
Within three days after the meeting, verbally notify the applicant of that action; and
(2) 
Within 10 days, provide written notice to the applicant.
A. 
Required conditions. In addition to any other conditions that it may impose under this article, any final approval by the Planning Commission shall:
(1) 
Include a schedule for commencement and substantial completion of all construction, including construction referred to in Subsection A(2) of this section (which period shall ordinarily be no more than 24 months from the date of final approval by the Planning Commission);
(2) 
Include a finding that all resource protection, landscaping, buffer yards, off-street parking and loading, and other facilities and improvements required under this Chapter 18:1 and all required improvements that the Planning Commission determines are necessary with respect to the particular site have been completed; and
(3) 
Include a finding that all nonconformities have been addressed in accordance with the provisions of this Chapter 18:1.
B. 
Guarantee.
(1) 
If any required improvement is not completed at the time when a site plan might otherwise be approved, the Planning Commission may approve the site plan conditioned upon the filing of a guarantee, in a form and with the undertakings provided in §§ 18:1-159 through 18:1-164 of this Chapter 18:1.
(2) 
The Planning Commission shall establish the amount of any guarantee and a reasonable time within which the improvement is to be completed.
A. 
Form.
(1) 
After approval, the Chairman or Secretary of the Commission (or, in the case of a minor site plan, the Planning Director) shall note the approval and its date on the site plan.
(2) 
The signature of the Chairman, Secretary, or Planning Director shall constitute final approval of a site plan, and a site plan is not finally approved until the required signature is affixed.
B. 
Duration. If all construction is not completed within the required time, any approval given under this Chapter 18:1 is void after the time established by the Planning Commission for completion of all construction.
After an approved site plan has been signed as required under this Chapter 18:1, an approved site plan and all related documents shall be permanently filed by the Planning Director among the records of the Department of Planning and Zoning.
A. 
In general. A site plan approved by the Planning Commission in accordance with §§ 18:1-152 through 18:1-156 of this Chapter 18:1 or under any prior ordinance, including any conditions or guarantees attached to its approval, may be amended in accordance with this section. All other requirements and standards of this article are applicable to this section.
B. 
Application.
(1) 
A person desiring to amend a site plan shall submit all information necessary to provide a complete reflection of the proposed amendment and its effect upon the original site plan and any prior amendments.
(2) 
The proposed amendment shall be accompanied by a fee established by the County Commissioners.
C. 
Initial review.
(1) 
Prior to official acceptance, the Planning Director shall review the amendment and determine whether all necessary information has been supplied and whether review and approval by other appropriate agencies is required prior to submission to the Planning Commission. If such review and approval is required, the Planning Director shall notify the applicant, in writing, and transmit the proposed amendment to such agencies for review and further report. Further action may not be taken with respect to a proposed amendment until all information required by this subsection is furnished.
(2) 
The Planning Director shall have the authority to approve minor amendments to approved site plans, provided the amendment does not:
(a) 
Increase total floor area by more than 10,000 square feet as determined under Chapter 18:1, Part 3, Article V;
(b) 
Change the parking design, circulation or location of landscape islands in a manner or to a degree which the Planning Director considers inconsistent with County parking and loading standards;
(c) 
Significantly change building materials, architecture or building layout or increase building height in a manner or to a degree that the Planning Director considers inconsistent with County standards or with previous Planning Commission approvals; and
(d) 
Require any other modifications that the Planning Director considers significant enough to warrant full Planning Commission review.
D. 
Consideration. The Planning Commission shall consider the proposed amendment at a regular meeting that is at least 10 days after the Planning Director determines that all necessary information has been furnished. The Commission shall review the proposed amendment as if it had been submitted as an original site plan under this article.
E. 
Approval.
(1) 
If the Planning Commission determines that the amendment does not represent a significant change from the use or character of the site plan as originally approved or in previously approved amendments, or does not require review and approval by other appropriate agencies, the Commission may approve or disapprove the amendment in the same manner as would be permitted with respect to an original site plan.
(2) 
The approval of any amendment shall contain such conditions for guarantee and completion of construction as may be found necessary or appropriate by the Planning Commission.
F. 
Reconsideration. If the Planning Commission determines that the amendment represents a significant change from the use or character of the original site plan and previously approved amendments or requires more detailed review and approval by other appropriate agencies, the proposed amendment shall be regarded as an original application for a site plan and further action shall be taken with respect to the proposed amendment as if it were being filed as an original application with the Planning Director.
G. 
Recording. Any amendment approved by the Planning Commission shall be filed by the Planning Director among the records of the Department of Planning and Zoning.