Legal Documents of Maryville

Code of Maryville

Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-212 : Site plan review process.

  1. Definitions. For the purpose of this section, the following words and phrases shall have the meaning assigned below, except in those instances where the context clearly indicates a different meaning. Other terms are defined in § 14-202 of this chapter.
    1. "Site plan." A plan delineating the overall scheme of the development of a tract of land, including, but not limited to, grading utilities, engineering design, construction details and survey data for existing and proposed improvements, size, height, shape and location of buildings, location and design of parking area, pedestrian and vehicular circulation on site and circulation of emergency apparatus.
    2. "Site plan review team." The site plan review team shall consist of the following persons or their representatives: sanitation superintendent, city engineer, stormwater program manager, city building official, fire marshal, city planner, electrical engineering and operations manager, and the respective superintendents of water and wastewater, and any additional members that the city manager elects to appoint or are needed during a project.
  2. Exceptions. The provisions of this section shall not apply to:
    1. Single-family dwellings, two (2) family attached dwellings, three (3) family attached dwellings, four (4) family attached dwellings, and accessory building thereto, or to the land on which they are situated or proposed in which new road or utility construction is not required.
    2. Additions to buildings where the total gross floor area of the proposed addition does not exceed one-third (1/3) of the total gross floor area of the existing building or one thousand (1,000) square feet, whichever is less.
    3. New buildings, with a height of two (2) stories or less, where the total gross floor area does not exceed two thousand (2,000) square feet; provided, there is no alteration of drainage flow of land, the site is not in a floodplain, and the site is not in excess of ten thousand (10,000) square feet.
    4. Grading of open area, either by excavation or fill for the sole purpose of bringing the land to a grade compatible with the surrounding area; provided the city engineer finds on an inspection of the site that such grading should have no adverse effect on the land of surrounding property owners, should not encroach on or impair existing drainage channels or floodplains and should not cause problems of erosion, ponding and/or silting on adjoining properties. However, approval of such work may be required from other departments in the city as required by the city engineer.
  3. Request for preliminary review of site. The owner or developer of the parcel proposed for development may request the site plan review team conduct a preliminary review of the parcel prior to submission of a site plan. Certain requirements of this section may be waived at the discretion of the site review team base on this preliminary review.
  4. Approved site plan required to erect buildings. Except as hereinafter provided in subsection (2) above, it shall be unlawful for any person to construct or erect any building or structure, extend utilities, or construct new roads on any land within the city until a site plan has been submitted and approved in accordance with the provisions of this section.
  5. Site plan submission and review.
    1. A site plan may be prepared under the direction and sealed by an engineer, architect, landscape architect, or land surveyor competent to design such plans. All drainage and utility designs and structural elements such as, but not limited to, retaining walls, engineered slopes, etc., shall be designed by an engineer.
    2. The owner, developer or a duly authorized agent of the owner or developer shall submit five (5) hard copies and a digital file in a format as determined by the city engineer or ten (10) complete paper copies of the site plan before 5:00 P.M. on the Monday before a Friday site plan review meeting. The plan will be reviewed on Tuesday morning for compliance with minimum requirements before being placed on the agenda of the Friday site plan review meeting. If the plan does not meet the minimum requirements it shall be returned with a list of those items necessary to meet the minimum requirements. If the plan meets the minimum requirements it shall be placed on the agenda for the Friday site plan review meeting at which time the site plan review team shall consider the site plan in accordance with the provisions of this section and it shall be approved or disapproved. No site review meeting will occur during the week of a city designated holiday. If the plan is approved, it shall be stamped approved and initialed by each member of the site plan review team and two (2) copies shall be returned to the owner, developer or his duly authorized agent. It shall be the responsibility of that owner developer or agent to ensure that this approved plan shall be followed throughout the construction process. A copy of the approval plan shall be kept on the project during all phases of construction. If the plan is disapproved it shall be returned along with a list of the requirements necessary to complete the plan. The plan shall be corrected and resubmitted for approval by all applicable departments.
    3. The owner, developer or the duly authorized agent of the owner or developer shall be invited to attend the site review meeting in order to expedite the resolution problem areas.

      A building permit shall not be issued for any project except as provided in subsection (2) above of this section unless the request is accompanied by an approved site plan.

    4. Notwithstanding the provisions of Tennessee Code Annotated, § 13-4-310, site plans shall expired after one (1) year from the date of approval unless at least ten percent (10%) of the development has been completed as determined by the site plan review team. If a development is designed to be completed in stages, then the approved site plan shall only apply to the phase under construction.
  6. Site plan.
    1. The site plan shall show the following:
      1. Location or vicinity map.
      2. Name of development or address.
      3. Name and address of owner of record and the applicant.
      4. Present zoning of the site and abutting property.
      5. Date, scale, and north point with reference to source of meridian.
      6. Courses and distances of centerline of all street and alley rights-of-way and all property lines as per recorded plat.
      7. All building restricting lines, highway setback lines, utility easements, and covenants.
      8. Topography of existing ground and paved area and elevations of streets, alleys, utilities, sanitary and storm sewers, and buildings and structures. Topography to be shown by dashed line illustrating two foot (2') contours as required by the city engineer and by spot elevations where necessary to indicate flat areas.
      9. Benchmarks for all elevations shall be shown on the site plan. The city engineer may require that this benchmark reference the Tennessee Grid System.
    2. The site plan shall show the location of the following when existing on, or adjacent to, the site:
      1. Sidewalks, streets, alleys, easements and utilities.
      2. Building, structures and signs.
      3. Public sewer systems.
      4. Slopes, terraces and retaining walls.
      5. Driveways, entrances, exits and parking areas.
      6. Water mains and fire hydrants.
      7. Trees and shrubs.
      8. Recreational areas and swimming pools.
      9. Natural and artificial watercourses.
      10. Limits of floodplains.
    3. The site plan shall show the location, dimensions, size and height of the following when proposed:
      1. Sidewalks, streets, alleys, easements and utilities.
      2. Buildings, structures including the front (street) elevation of proposed buildings, and signs.
      3. Public sewer systems, refuse container pads, and screen for pads.
      4. Slopes, terraces, and retaining walls.
      5. Driveways, entrances, exits and parking areas.
      6. Water mains, fire hydrants, service connect locations, and internal sprinkler connections.
      7. Trees and shrubs.
      8. Recreational areas.
      9. Distances between buildings.
      10. Estimates of the following when applicable:
        1. Number of dwelling units.
        2. Number of parking spaces.
        3. Number of loading spaces.
        4. Square feet of floor space.
        5. Number of commercial or industrial tenants and employees.
        6. Plans for collecting stormwater and methods of treatment of natural and artificial watercourses including a delineation of limits or floodplains, if any.
        7. Proposed grading, surface drainage, terraces, retaining wall heights, grades on paving areas, and ground floor elevations of proposed buildings and structures, proposed topography of site shall be shown by two foot (2') contours with an elevation benchmark, as required by the city engineer. The city engineer may require that this benchmark reference the Tennessee Grid System.
  7. Requirements, regulations and restrictions.
    1. Any building or structure erected or altered shall comply with the provisions of the Code of the City of Maryville, Tennessee, as amended, and any applicable laws of the State of Tennessee.
    2. Any work or development on the site, including, but not limited to, the following shall comply with the provisions of the Code of the City of Maryville, Tennessee, as amended, and any applicable laws of the State of Tennessee. The grading of land, the installation of utilities, the construction of streets, alleys and retaining walls, the construction of drains and sewers, the construction of off-street parking and the construction or erection of any improvement on the site.
    3. Any building or structures shall be reasonably accessible to fire, police, emergency and service vehicles. When deemed necessary for access by the fire chief, emergency vehicle easements shall be provided. The access for fire, police and emergency vehicles shall be unobstructed at all times.
    4. The width, grade, location, alignment and arrangement of streets, sidewalks, and alleys shall conform to the master plan and/or subdivision regulations of the city as near as is reasonably practicable.
    5. Off-street parking facilities shall have a reasonable slope and be accessible, safe and properly drained.
    6. Streets, sidewalks, and alleys shall insofar as reasonably practicable provide access and good traffic circulation to and from adjacent lands, existing streets, alleys and sidewalks and proposed or planned streets, alleys and sidewalks. Where deemed necessary by the city engineer commercial property fronting on major or secondary thoroughfares (also known as arterials or collectors) shall be required to provide a frontage access road of no less than twenty-four feet (24') in pavement width, with permanent or temporary access to the public thoroughfare to be provided at a location deemed desirable by the city engineer.
    7. Adequate water mains and fire hydrants shall be provided in accessible places in accordance with good firefighting and fire prevention practice acceptable to the chief of the fire department.
    8. Adequate provision shall be made for the collection and disposition of all on-site and off-site stormwater and natural surface water. Natural drainage ways shall be used when it is reasonably practicable to do so, and improvements shall be made to said ways in accordance with good engineering practice when in the opinion of the city engineer, good engineering practice indicates need for improvements.
    9. Adequate provision shall be made for the collection and disposition of all on-site and off-site sanitary sewage.
    10. Adequate provision shall be made to control flooding.
    11. The obstruction of natural watercourses shall be avoided.
    12. Adequate provision shall be made to control the slippage, shifting, erosion, swelling or shrinking of soil.
    13. Adequate provisions shall be made to control the slipping and shifting of buildings and structures.
    14. Adequate provisions shall be made to protect other lands, structures, persons and property.
  8. Inspections and supervision.
    1. Inspections during the installation of the required on-site and off-site improvements shall be made by the appropriate city departments as required to certify compliance with the approved site plan and applicable city standards.
    2. The owner or developer shall provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent or foreman together with one (1) set of approved plans, profiles, and specifications available at the site at all times when the work is being performed.
    3. The installation of improvements as required by this section shall in no case serve to bind the city to accept such improvements for the maintenance, repair or operation of thereof, but such acceptance shall be subject to the existing regulations.
  9. Final review and approval of site plan.
    1. When the development has been completed, as proposed on the site plan, the owner or developer may apply for an occupancy permit. If the development has been completed, as proposed by the site plan, an occupancy permit shall be issued. If the site plan review team finds any discrepancies in the level of improvements performed by the developer and the improvements proposed on the site plan, no occupancy permit shall be issued until the discrepancy is corrected. The city may also accept surety instruments for incomplete improvements upon issuance of an occupancy permit.
    2. Permanent water and electrical service will not be provided to the development if an occupancy permit has not been issued for the development.
  10. Appeals. If an applicant determines that his site plan has been unjustly disapproved or that the site plan review team has made requests for conformity to standards other than those set forth in this section, he may appeal the decision of the site plan review team to the board of zoning appeals. (Ord. #2019-23, Nov. 2019)