Chapter 4.3
Development Review and Site Design Review
Sections:
4.3.120 Development Review - Application Submission Requirements
4.3.130 Development Review Approval Criteria
4.3.140 Site Design Review - Application Submission Requirements
4.3.150 Site Design Review Approval Criteria
4.3.160 Mandatory Conditions of Approval for Floodplain Development Permits
4.3.170 Bonding and Assurances
4.3.180 Development in Accordance with Permit Approval
4.3.100 Purpose.
The purpose of this Chapter is to:
A. Provide regulations and standards for the review of development proposals on an individual parcel or development site.
B. Implement the goals and policies of the Halsey Comprehensive Plan and this Code through the efficient and effective review of site development proposals;
C. Promote the public health, safety and general welfare;
D. Provide adequate light and air, prevent overcrowding of land, and facilitate adequate transportation, water supply, sewage disposal, surface water management, fire protection and protection against natural hazards
E. Encourage efficient use of land resources, full utilization of urban services, mixed uses, pedestrian safety, and detailed, human-scaled design.
4.3.110 Applicability.
Either a Development Review or Site Design Review is required for all new development and modifications of existing developments, except that regular maintenance, repair and replacement of materials (e.g., roof, siding, awnings, etc.), parking resurfacing, and similar maintenance and repair shall be exempt.
A. Development Review. Development Review is a non-discretionary administrative review conducted by the City Planner without a public hearing. (See Chapter 4.2 for review procedure.) It is for less complex developments and land uses that do not require site design review approval. Development Review is based on clear and objective standards and ensures compliance with the basic development standards of the land use district, such as building setbacks, lot coverage, maximum building height, and similar provisions of Chapter 2.
Type I Review: A Type I Development Review procedure is required for the following developments:
1. Single-family detached dwelling (including manufactured homes);
2. Accessory dwelling;
3. A single duplex, up to two single family attached (town home) units;
4. A single triplex which is not being reviewed as part of any other development;
5. Any building, development or land use that is part of an approved Site Design Review or Conditional Use Permit.
6. Minor modification for a building, development or land use that is part of an approved Site Design Review or Conditional Use Permit. See Chapter 4.6 – Modifications to Approved Plans and Conditions of Approval.1
7. Home occupation, subject to review under Chapter 4.9;
8. Temporary use, except that temporary uses shall comply with the procedures and standards for temporary uses as contained in Chapter 4.9;
9. Accessory structures with less than 1,000 square feet of floor area.
10. Change in occupancy from one type of land use to a different land use, if the change in use does not modify driveway/vehicular access to parking areas and the change in use will result in an increase of no more than 20% in the number of required parking spaces.
11. Any other development review, when required by a condition of approval.
Type II Review: A Type II Development Review by the City Planner is required for the following developments:
12. A new non-residential site development on a parcel 10,000 square feet in size or smaller and where the total building footprint is less than 2,500 square feet in size.
13. Any non-residential building addition on a parcel 10,000 square feet in size or smaller and, where the total building footprint, including the addition, is less than 2,500 square feet.
B. Site Design Review. Site Design Review is a discretionary review conducted by the Planning Commission. Site Design Review ensures compliance with the basic development standards of the land use district (e.g., building setbacks, lot coverage, maximum building height), as well as the more detailed design standards in Chapter 2 and the public improvement requirements in Chapter 3.
Site Design Review is required for all developments in the City, except those specifically listed under Section 4.3.110.A --Development Review) above.
4.3.120 Development Review - Application Submission Requirements
All of the following information is required for a Development Review application submittal:
A. General Submission Requirements. The applicant shall submit an application containing all of the general information required by Section 4.2.120 or Section 4.2.130 (Type I or Type II application).
B. Development Review Information. An application for Development Review will also require submittal of a site plan, utility plan and building plans. The City may also require submittal of additional information to demonstrate compliance with applicable code requirements. Supplemental information may include any of the information listed in Section 4.3.140.B, as deemed applicable by the City Planner.
4.3.130 Development Review Approval Criteria
Development Review shall be conducted only for the developments listed in Section 4.3.110.B, above, and it shall be conducted as a Type I or Type II procedure, as described in Chapter 4.2, Section 4.2.120 or Section 4.2.130. Prior to issuance of building permits, the following standards shall be met:
A. The proposed land use is permitted by the underlying land use district (Chapter 2);
B. The land use, building/yard setback, lot area, lot dimension, density, lot coverage, building height and other applicable standards of the underlying land use district and any subdistrict(s) are met (Chapter 2);
C. All applicable building and fire code standards are met;
D. All required landscaping, vehicle parking, public facilities and design standards are met (Chapter 3);
E. The approval shall lapse, and a new application shall be required, if a building permit has not been issued within one year of Development Review approval, or if development of the site is in violation of the approved plan or other applicable codes.
4.3.140 Site Design Review - Application Submission Requirements
Site Design Review shall be conducted as a Type III procedure using the procedures in Chapter 4.2 and using the approval criteria contained in Section 4.3.150. If an applicant files a concurrent land use application (e.g. comprehensive plan amendment, zone change, conditional use permit, variance or land division application), then the Site Design Review shall be processed concurrently with the other application(s).
All of the following information is required for Site Design Review application submittal:
A. General Submission Requirements. The applicant shall submit an application containing all of the general information required by Section 4.2.140 (Type III application).
B. Site Design Review Information. An application for site design review shall include the following information, as deemed applicable by the City Planner:
1. Site analysis map. At a minimum the site map shall contain the following:
a. The applicant’s entire property and the surrounding property to a distance sufficient to determine the location of the development in the City, and the relationship between the proposed development site and adjacent property and development. The property boundaries, dimensions and gross area shall be identified;
b. Any changes in topography on the site;
c. Identification of slopes greater than 10 percent;
d. The location and width of all public and private streets, drives, sidewalks, pathways, rights- of-way, and easements on the site and adjoining the site(s);
e. Natural resource features, including any flood plain, wetland, stream, water course, habitat areas or natural site feature;
f. Site features, including existing structures, pavement, areas having unique views, and drainage ways, canals and ditches;
g. Locally or federally designated historic and cultural resources on the site and adjacent parcels or lots;
h. The location, size, and species of trees having a caliper (diameter) of 8 inches or greater at four feet above grade;
i. North arrow, scale, names and addresses of all persons listed as owners on the most recently recorded deed.
j. Name and address of project designer, engineer, surveyor, and/or planner, if applicable.
k. Other information, as determined by the City Planner. The City may require studies or exhibits prepared by qualified professionals to address specific site features.
2. Proposed site plan. The site plan may be combined with the site analysis map if it is clear what is existing and what is proposed. The site plan shall contain the following information, if applicable:
a. The proposed development site, including boundaries, dimensions, and gross area;
b. Features identified on the existing site analysis map that are proposed to remain on the site.
c. Features identified on the existing site map, if any, which are proposed to be removed or modified by the development;
d. The location and dimensions of all proposed public and private streets, drives, rights-of-way, and easements;
e. The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;
f. The location and dimensions of entrances and exits to the site for vehicular, pedestrian, and bicycle access, as applicable;
g. The location and dimensions of all parking and vehicle circulation areas (show striping for parking stalls and wheel stops, as applicable);
h. Pedestrian and bicycle circulation areas, including sidewalks, internal pathways, pathway connections to adjacent properties, and any bicycle lanes or trails;
i. Loading and service areas for waste disposal, loading and delivery;
j. Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements, as applicable;
k. Location, type, and height of outdoor lighting;
l. Location of mail boxes, if known;
m. Name and address of project designer, if applicable.
n. Locations, sizes, and types of signs.
o. Other information, determined by the City Planner. The City may require studies or exhibits prepared by qualified professionals to address factors specific to the proposal (e.g., traffic, noise, environmental features, natural hazards, etc.), in conformance with this Code.
3. Architectural drawings. Architectural drawings shall be submitted showing:
a. Building elevations (as determined by the City Planner with building height and width dimensions;
b. Building materials, color and type.
c. The name and contact information of the architect, designer and/or builder.
4. Preliminary grading plan. A preliminary grading plan prepared by a registered engineer shall be required for developments which would result in the grading (cut or fill) of 500 cubic yards or greater, or as otherwise required by the City. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to slopes, soil stabilization proposals, and location and height of retaining walls, if proposed. Surface water detention and treatment plans may also be required, in accordance with Chapter 3.5 – Public Facilities Standards.
5. Landscape plan. A landscape plan is required and may be combined with the site plan if the features are still clear. The landscape plan shall show the following:
a. The location and height of existing and proposed fences and other buffering or screening materials;
b. The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;
c. The location, size, and species of the existing and proposed plant materials (at time of planting);
d. Existing and proposed building and pavement outlines;
e. Specifications for soil at time of planting, irrigation if plantings are not drought-tolerant (may be automatic or other approved method of irrigation) and anticipated planting schedule.
f. Other information as deemed appropriate by the City Planner. An arborist’s report may be required for sites with mature trees that are protected under provisions of Chapter 3.3 – Landscaping.
6. Signs. Detailed plans for proposed signs showing the type, size and location of the signs in conformance with the provisions in Chapter 3.6, Section 3.6.100 – Sign Code.
7. Deed restrictions. Copies of all existing and proposed restrictions or covenants, including those for roadway access control.
8. Narrative. Letter or narrative report documenting compliance with the applicable approval criteria in Section. 4.3.150.
9. Traffic Impact Analysis. Copy of a Traffic Impact Analysis (TIA), when a TIA is required by ODOT, Linn County Roads or the City. See Chapter 3.2, Section 3.2.120.
10. Floodplain Development Permit Application for sites containing Areas of Special Flood Hazard. A Site Development Review application must also include a Floodplain Development Permit application if the site is located within the Special Flood Hazard Area (100-year flood plain).
If a Floodplain Development Permit is required, the application shall include the following additional information:
a. Delineation of Areas of Special Flood Hazard, floodway boundaries, and Base Flood Elevations, or flood depth in AO zones, where available;
b. For all proposed structures, elevation in relation to the highest adjacent grade and the Base Flood Elevation, or flood depth in AO zones, of the:
(1) lowest enclosed area, including crawlspace or basement floor;
(2) top of the proposed garage slab, if any, and;
(3) the next highest floor.
c. Locations and sizes of all flood openings in any proposed structures;
d. Elevation to which any non-residential structure will be flood-proofed;
e. Elevation Certificate: Certification from a registered professional engineer or architect that any proposed new residential structure, substantial improvements and/or non-residential flood-proofed structure will meet the flood-proofing criteria of the National Flood Insurance Program and Building Codes.
(1) Application Stage: An elevation certificate (based on construction drawings) from a registered professional engineer or architect.
(2) Construction Stage: An elevation certificate (building under construction) with certification of the floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is placed and prior to further vertical construction. See Section 4.3.160.
(3) Certificate of Occupancy. An elevation certificate (finished construction) prior to issuance of a certificate of occupancy. See Section 4.3.160.
f. Determination of Unmapped 100-year Floodplain Information. The following shall be included with applications involving properties for which any of the items listed below have not been mapped consistent with Section 3.7.110.A and contain or are suspected to contain a portion of the 100-year Floodplain. Provision of this information is the responsibility of the applicant.
(1) The boundary of the 100-year Floodway Fringe;
(2) The boundary of the 1.0-ft. Floodway;
(3) A determination of the corresponding Area(s) of Special Flood Hazard (e.g., ‘A1-30’, ‘AE’, ‘AH’, approximate ‘A’, and ‘AO’), as applicable; and
(4) The Base Flood Elevation for zones ‘A1-30’, ‘AE’, ‘AH’, and approximate ‘A’, or flood depth for zone ‘AO’, as applicable.
g. All necessary permits from those governmental agencies from which approval is required by federal or state law, including, but not limited to, Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, 16 U.S.C. 1531-1544, and State of Oregon Removal-Fill permits, as amended, shall be obtained, or obtaining such permits shall be a Condition of Approval to be satisfied prior to issuance of any construction permit.
h. Provisions for New Technical Data When CLOMR/LOMR. Exceptional circumstances directly related to the construction of public infrastructure may necessitate an increase in the Base Flood Elevation within the 1.0-ft. Floodway and/or Floodway Fringe. The Floodplain Administrator shall be responsible for determining whether exceptional circumstances exist. If such exceptional circumstances are found to exist, an application for a Floodplain Development Permit shall include the application materials required in Section 4.2.140.B and the following information:
(1) It is the responsibility of the applicant to have technical data prepared in a format required for a Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) and to submit such data to FEMA on the appropriate application forms. Submittal and processing fees for these map revisions shall be the responsibility of the applicant.
(2) Applicants shall be responsible for all costs associated with obtaining a CLOMR or LOMR from FEMA. The City of Halsey shall be under no obligation to sign the Community Acknowledgement Form, which is part of the CLOMR/LOMR application.
(3) Applicants shall obtain FEMA approval for the CLOMR or LOMR and include the written documentation of the approval to the Floodplain Administrator.
(4) Within six months of project completion, an applicant who obtains an approved CLOMR from FEMA, or whose development modifies Floodplain boundaries or Base Flood Elevations shall obtain from FEMA a LOMR reflecting the as-built changes to the FIRM.
i. Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development;
j. Substantial Damage and Substantial Improvement Determination. For Floodplain Development Permit applications submitted to improve existing buildings and structures, including additions, repairs, renovations, and alterations, the Floodplain Administrator, shall:
(1) Require the applicant to obtain a professional appraisal of the market value of the building or structure before the proposed work is performed; when repair of damage is proposed, the market value of the building or structure shall be the market value before the damage occurred.
(2) Compare the cost of improvement, the cost to repair the damaged building to its pre- damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure.
(a) Except as indicated in subsections (b) through (d), below, all costs to repair substantial damage, including emergency repairs, including the costs of complying with any county, state, or federal regulation other must be included.
(b) The costs associated with the correction of pre-existing violations of state or local health, sanitary, or safety code specifications that were identified by the building official, the director of environmental health, or any other local code enforcement official prior to the improvement or repair and that are the minimum necessary to ensure safe living conditions shall not be included.
(c) Costs associated with the following items are not included:
(i) The preparation and approval of all required plans, calculations, certifications, and specifications;
(ii) The performance of surveys or other geotechnical or engineering studies and resulting reports;
(iii) Permit and review fees, and;
(iv) The construction, demolition, repair, or modification of outdoor improvements, including landscaping, fences, swimming pools, detached garages and sheds, etc.;
(d) Proposed alterations of a designated historic building or structure are not to be considered Substantial Improvement unless the alteration causes a loss of said designation.
(3) The Floodplain Administrator shall make the final determination of whether the proposed improvement and/or repair constitutes Substantial Improvement or Substantial Damage.
(4) The Floodplain Administrator shall notify the applicant of the results of the determination by letter.
(5) Applicant has the right to appeal the determination pursuant to Section 4.2.130.F.
4.3.150 Site Design Review - Approval Criteria
The review authority shall make written findings with respect to all of the following criteria when approving, approving with conditions, or denying an application:
A. The application is complete, as determined in accordance with Chapter 4.2 - Types of Applications and Review Procedures and Section 4.3.140, above.
B. The application complies with the all of the applicable provisions of the underlying Land Use District (Chapter 2), including: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other special standards as may be required for certain land uses;
C. The applicant shall be required to upgrade any existing development that does not comply with the applicable land use district standards, in conformance with Chapter 5.3, Non-Conforming Uses and Development;
D. The application complies with the Design Standards contained in Chapter 3. All of the following applicable standards shall be met:
1. Chapter 3.2 - Access and Circulation;
2. Chapter 3.3 - Landscaping, Significant Vegetation, Street Trees, Fences and Walls;
3. Chapter 3.4 - Vehicle and Bicycle Parking;
4. Chapter 3.5 - Public Facilities;
5. Chapter 3.6 - Other Standards (Telecommunications Facilities, Signs, Sensitive Lands, Historic Properties), as applicable; and
6. Chapter 3.7 - Floodplain Standards
E. The proposal complies with all conditions required as part of a Land Division (Chapter 4.4), Conditional Use Permit (Chapter 4.5), or other approval shall be met.
F. Exceptions to criteria in Section 4.3.150.D.1 to D.6 above may be granted only when approved as a variance (Chapter 5.2).
4.3.160 Mandatory Conditions of Approval for Floodplain Development Permits
The following Conditions of Approval are mandatory and shall be imposed on every Floodplain Development Permit.
A. Required As-built Certification During Construction. For all new construction and substantial improvements, the permit holder shall provide to the Floodplain Administrator an as-built certification of the floor elevation or flood-proofing level immediately after the lowest floor or flood-proofing is placed and prior to further vertical construction. Any deficiencies identified by the Floodplain Administrator shall be corrected by the permit holder immediately and prior to work proceeding. Failure to submit certification or failure to make the corrections shall be cause for the Floodplain Administrator to issue a stop-work order for the project.
B. Documentation Required Prior to Issuance of Certificate of Occupancy. In addition to the requirements of the Building Codes pertaining to certificate of occupancy, prior to the final inspection the owner or authorized agent shall submit the following documentation that has been prepared and sealed by a registered surveyor or engineer. Failure to submit certification or failure to correct violations shall be cause for the Floodplain Administrator to withhold a certificate of occupancy until such deficiencies are corrected.
1. For elevated buildings and structures in non-coastal Areas of Special Flood Hazard (A zones), the as-built elevation of the lowest floor, including basement or where no Base Flood Elevation is available the height above highest adjacent grade of the lowest floor; and,
2. For buildings and structures that have been flood proofed, the elevation to which the building or structure was flood proofed.
C. Stream Habitat Restoration Monitoring. A Floodplain Development Permit approval granted consistent with Section 3.7.130.B.4 shall be conditioned to monitor the project, correct problems, and ensure that flood carrying capacity remains unchanged, as required by Section 3.7.130.B.4.d.
4.3.170 Bonding and Assurances
A. Performance Bonds for Public Improvements. On all projects where public improvements are required, the City shall require a performance or other adequate assurances as a condition of site development approval in order to guarantee the completion of the required public improvements. The assurances shall comply with the performance bond and warranty provisions in Chapter 3.5, Section 3.5.10.
B. Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits. The City may require the applicant to provide the City a bond or other financial security equal to the cost of the landscaping as determined by City staff or a qualified landscape architect assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation.
4.3.180 Compliance with Conditions, Permit Expiration, and Modifications
Development shall not commence until the applicant has received all of the applicable land use and development approvals (i.e., development review or site design review approval) and building permits.
Construction of public improvements shall not commence until the City has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The City may require the applicant to enter into a development agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with Section 4.3.170.
Development Review and Site Design Review approvals shall be subject to all of the following standards and limitations:
A. Approval Period. Development Review and Site Design Review approvals shall be effective for a period of one year, or 180 days for a Floodplain Development Permit, from the date of approval. The approval shall lapse if:
1. A building permit has not been submitted to the City within one-year of the Notice of Decision approving the project, or within 180 days and thereafter acted upon for a Floodplain Development Permit; or
2. Construction on the site is in violation of the approved plan.
B. Extension. Upon written request of the applicant, the City Planner may grant an extension of the approval period not to exceed one year; provided that:
1. No changes are made on the original approved site design review plan;
2. The applicant can show intent of initiating construction on the site within the one-year extension period;
3. There have been no changes to the applicable code provisions on which the approval was based. If there have been changes to the applicable code provisions and the expired plan does not comply with those changes, then the extension shall not be granted; in this case, a new development review or site design review shall be required; and
4. The applicant demonstrates that failure to obtain building permits and substantially begin construction within one year of site design approval was beyond the applicant’s control.
C. Modifications to Approved Plans and Developments.
1. Minor modifications of an approved plan or existing development, as defined in Chapter 4.6, shall be processed as a Type I administrative review procedure.
2. Major modifications to an approved plan or existing development, as defined in Chapter 4.6, shall be processed using the same procedure as the originals application (either Type II or III).
3. If an applicant requests an extension or modification for project with an approved Flood Plain Development Permit, the proposal must comply Chapter 3.7 and the National Flood Insurance Program requirements that are in effect at the time of the request for extension or modification.
D. Phased Development. Phasing of development may be approved with the Site Design Review application, subject to the following standards and procedures:
1. A phasing plan shall be submitted with the Site Design Review application.
2. The reviewing authority shall approve a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than 5 years without reapplying for site design review.
3. Approval of a phased site design review proposal requires satisfaction of all of the following criteria:
a. The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required public improvements, in accordance with Section 4.3.170. A temporary public facility is any facility not constructed to the applicable City or district standard, subject to review by the City Engineer;
c. The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as part of the approved development proposal; and
d. An application for phasing may be approved after Site Design Review approval as a modification to the approved plan, in accordance with the procedures for minor modifications (Chapter 4.6).
Note: A major modification to an approved Site Design Review permit or a Conditional Use Permit requires review and approval by the Planning Commission in accordance with Chapter 4.6.120 – Major Modifications to Approved Plans.