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A Development Plan is intended to provide all pertinent information about a proposed development so the Plan Commission may make a knowledgeable decision whether or not the proposed development meets all the requirements of this chapter and the goals and objectives of the Master Plan.
(Ord. 466, § 2-13-1, passed 5-11-98)
(A) Development plan procedure. The development plan procedure, hereafter set forth, shall be required for the following developments:
(1) All minor and major subdivisions of land.
(2) All mobile home parks. Additional requirements are provided for in § 152.130.
(3) All planned unit developments. Additional requirements are provided for in § 152.131.
(4) All intensive livestock operations. Requirements are provided in §§ 152.145 through 152.152.
(5) All multiple-family dwelling developments on lots, parcels or tracts of land over one acre.
(6) All multiple-group dwelling developments.
(7) All C-1 principal use developments on lots, parcels or tracts of land over one acre. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.
(8) All C-2 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.
(9) All I-1 and I-2 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures.
(B) Subdivision plat. A subdivision plat shall be required along with a development plan as long as a subdivision of land, as defined, is occurring as a result of this development. Both development plan and subdivision plat processes may be done concurrently, with any duplicated requirements being counted for both processes.
(Ord. 466, § 2-13-2, passed 5-11-98) Penalty, see § 152.999
A pre-application review between the Zoning Administrator and the developer is recommended at least 15 days prior to official application for primary approval of a development plan. The purpose of this pre-application review is as follows:
(A) To inform the applicant of the standards and requirements of all applicable ordinances, including the Comprehensive Plan.
(B) To review the various procedures and submission requirements.
(C) To review with the applicant any inherent limiting characteristics of the specific site or surrounding areas.
(D) To reduce the time period between initial application and Plan Commission approval.
(Ord. 466, § 2-13-3, passed 5-11-98)
(A) The application for primary approval of a development plan shall be submitted in duplicate to the Commission on a form approved by the Commission, shall be signed by the owner(s) of record and shall contain a statement specifying the intentions of the owner respecting the proposed land use of the development, deed restrictions, drainage, sewage disposal, water facilities, and the intended date of the development. At the time of the submission of the application, the applicant shall pay to the Commission the filing fee established by rule of the Commission.
(B) A tracing and two copies of the proposed development plan shall be submitted to the Commission at the time the application for primary approval is filed. The proposed development plan shall represent the entire tract which the applicant intends to develop and over which he has an ownership or financial interest and/or control, or that portion of the entire tract for which further public hearing is required by the Commission following the initial primary approval of the development plan for the overall site.
(C) The development plan for which an application for primary approval is submitted shall contain the supporting data and site plan and supporting maps described below. This information is to be submitted for all of the site included in the application. Applications can be reviewed only for those areas for which all required submission data have been presented.
(1) Supporting data.
(a) A development schedule indicating the approximate date when construction of the development (or stages of the development) can be expected to begin and be completed.
(b) Information on the number and type of structures, parcel size, proposed lot coverage of buildings and structures, together with gross residential densities, type of dwelling units and net density per type of dwelling unit when mixed use, where applicable.
(c) Statements identifying the intended means of assuring permanency, continuance and maintenance of all open/recreation spaces to be dedicated for use by residents of the development and/or the general public, where applicable.
(d) Proposed restrictive covenants, if applicable.
(2) Site plan and supporting maps.
(a) Date, scale (graphic and written), north point, name and address of designer and/or engineer, name and address of the developer, and proposed name of the development.
(b) A generalized legal description of the total site, as well as dimensions of the boundaries of the tract, including generalized bearings and distances, measured from a section corner.
(c) The existing site conditions including contours, (at a predetermined interval), watercourses, and drainage ways, floodplain elevations, wooded areas, soil types (including interpretation of character), and other unique natural features.
(d) The location, minimum size and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open spaces, parks, recreational areas, school sites and similar public and semi-public uses, where applicable.
(e) The existing and proposed vehicular circulation system, including right-of-way widths and driving surface widths of streets, off-street parking areas, service areas, loading areas, street names, intersection radii, street dedications, and points of access to public rights-of-way, where applicable.
(f) The existing and proposed pedestrian circulation system, including links with nearby land uses, where applicable.
(g) Proposed lot and/or tract lines, lot numbers, lot dimensions, easements and building lines. Those areas to be subdivided pursuant to the terms of the subdivision control ordinance shall conform to same and be clearly delineated on the development plan.
(h) The proposed treatment of the perimeter of the site, including materials and techniques to be used, such as screens, fences, walls and landscaping.
(i) The following generalized feasibility information:
1. Street width and type of surfacing material.
2. Sanitary sewer pipe location, septic tank, manhole locations and invert at point of connections to existing facilities.
3. Water line and fire hydrant locations to point of connection to existing facilities.
4. Storm sewer improvement locations including pipe, manhole and catch basin locations; detention basin location, capacity and appropriate elevations; storm drainage flow lines.
5. Street lighting fixture locations, when applicable.
(Ord. 466, § 2-13-4, passed 5-11-98) Penalty, see § 152.999
(A) Within 30 days after the date of receipt of the plan application for primary approval, the proposed development plan and the filing fee, the Zoning Administrator shall announce the date and time of the public hearing for primary approval of the development plan to be held before the Commission. The Zoning Administrator shall also provide notice of the hearing, as follows:
(1) By publication in accordance with I.C. 5-3-1.
(2) To the applicant, in writing, by means of regular United States mail, postage prepaid, addressed to the applicant at the address listed in the application for approval.
(3) To all public agencies and governmental units having a probable interest in the proposed plat, furnishing a copy thereof and requesting their written comments with regard thereto,
(4) To any other interested parties and in a manner as the Commission may designate by rule.
(B) The public hearing for primary approval of the proposed development plan shall be conducted in accordance with procedures which the Commission may adopt by rule.
(C) After public hearing upon the proposed development plan, the Commission shall determine if it complies with and satisfies the standards prescribed for primary approval under this chapter. Within a reasonable time after the hearing, the Commission shall either grant, with or without conditions, or deny primary approval of the proposed development plan and enter written findings and decision in accordance with that action, signed by the President, the Vice President, the Secretary or the Zoning Administrator of the Commission; provided however, that if primary approval is denied, the written findings entered by the Commission shall set forth the reasons for denial.
(D) Notice of the Commission's decision upon the application for primary approval shall be provided by furnishing a copy of its written findings and decision to the applicant and to any remonstrators or other interested parties, if any, as the Commission may designate by rule. Notice shall be furnished by the Zoning Administrator within five days after the Commission's decision in the manner prescribed by the Commission, by rule duly adopted.
(E) Primary approval of a development plan by the Commission shall be valid for one year from the date of approval, unless the applicant, prior to the expiration of the one-year period, shall have applied for and received the Commission's approval for an extension of time to obtain secondary approval. If, by the expiration of the initial one-year period of time, or during any period of extension approved by the Commission, the applicant does not obtain secondary approval of all or part of the area included in the development plan for which primary approval had been granted, then the primary approval granted for the development plan shall lapse and be considered as null and void. In the event the Commission grants secondary approval for only a portion of the development plan, the applicant thereafter will not be obligated to adhere to any time limitations for requesting secondary approval of the remainder of the development plan.
(Ord. 466, § 2-13-5, passed 5-11-98) Penalty, see § 152.999
(A) Intent to seek secondary approval. The applicant shall have the responsibility to notify the Zoning Administrator of the Commission in writing of his intent to seek secondary approval, of either all or a portion of the development plan. In the event the applicant intends to seek secondary approval of only a portion of the development plan, the applicant shall specifically describe and designate the areas so as to reasonably identify the same. The applicant shall also at that time file with the Commission staff the development plan in the form and with the contents prescribed hereinafter. The Zoning Administrator shall then cause to be scheduled a meeting of the Plan Commission for the purpose of reviewing the development plan and determining whether secondary approval shall be granted, and shall provide notice to the applicant of the date and time of the meeting. No other notice of the meeting need be given, except as required by law. The Zoning Administrator shall then review all submissions made by the applicant to insure the requirements for secondary approval stated in this chapter have been satisfied.
(B) Requirements for consideration. The Commission will consider secondary approval of a development plan only after the applicant has accomplished the following:
(1) Filed with the Commission a complete set of plans and specifications for the development of all streets, sewers, water supply and other utilities and facilities proposed to be installed in conjunction with the development plan, in accordance with the requirements of this chapter.
(2) Delivered to or filed with the Commission all necessary approvals and acceptances from all applicable agencies and authorities.
(3) Paid in full to the Commission all costs incurred for the furnishing of notice required under this chapter and/or by rule, of the granting of primary approval of the development plan by the Commission.
(4) Filed with the Commission the development plan in the form and with the contents prescribed hereinafter.
(C) Contents of development plan for secondary approval. The development plan for which secondary approval is sought shall be submitted to the Commission in the form of an original reproducible plan sheet, drawn in ink, and shall be complete and accurate layout of the project, and shall contain any and all additions, corrections and deletions required by the Commission. The development plan shall also include the following information:
(1) Supporting data.
(a) Legal description of the parcel of real estate for which secondary approval is sought.
(b) Restrictive covenants, including provisions for open space maintenance, when applicable.
(c) Traverse closure.
(d) Construction performance schedule and accompanying development plan indicating delineations of specific areas. If applicable, those areas required to have open space shall include the time of the development of recreational or other facilities within the open space. The development plan shall also indicate the location of any construction access roads and their relationship to the staging of development.
(e) Letters of comment from the County Surveyor's Office, County Health Department and other public agencies having approval over the wastewater disposal system and fresh water supply system.
(f) Letters from the utilities serving the area, setting forth their ability to serve the development.
(g) Additional information as may be required by the Commission.
(2) Site plan and supporting maps.
(a) Date, scale (graphic and written), north point, name and address of the designer and/or engineer, name and address of the developer of the tract, and name of development.
(b) Dimensions of the boundaries of the tract, including bearings and distances and the exact location of all existing and recorded streets intersecting the boundary of the tract.
(c) Section or reserve lines or other legal points of reference and distances to same.
(d) Building lines, lot lines, easement locations and dimensions.
(e) Lot numbers and individual addresses for each lot.
(f) Plans, profiles, cross-sections and names, location and geometries for streets and entrances onto public rights-of-way, including acceleration deceleration and passing lanes, and dedication documents when applicable.
(g) Plans and cross sections for pedestrian walkways.
(h) Easements such as pedestrian, utility, drainage, and the like.
(i) Sanitary and storm sewer plans and profiles, and waterline plans.
(j) Parking areas, including plans, cross-sections, and landscaping details.
(k) The length of all arcs and radii, central angles, internal angles, points of curvature and tangency, the length of all tangents, intersection radii and right-of-way widths.
(l) Lighting plan, including areas to be lighted, the type of fixtures to be used, and the lighting intensity level for all areas to be lighted, when required.
(m) Landscape plans, including the location of all landscape materials and elements, which requirement is waived in those areas used for single-family residential purposes.
(n) Other data which may be required by the Commission.
(Ord. 466, § 2-13-6, passed 5-11-98) Penalty, see § 152.999
(A) Within a reasonable time following the applicant's satisfaction of all requirements for secondary approval stated under § 152.125, the Plan Commission shall either grant, with or without conditions, or deny secondary approval of the development plan. If secondary approval is denied, the Plan Commission shall, within five days thereafter, furnish the applicant with a written list of the reasons for denial.
(B) Notwithstanding the requirements of this chapter for submission to the Plan Commission, the Commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant secondary approval of a development plan although one or more approval(s) may not have been delivered to or received by the Commission. The Commission may grant secondary approval only when the applicant provides a written statement made under oath and approved by the Commission or the Commission staff, for recordation as a protective covenant or supplement thereto, stating that the applicant will cause to be provided at his cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall then have been delivered to or received by the Commission. If the applicant does not then deliver the approval(s) in a timely fashion, the Commission is empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the Commission the required approval(s), the Zoning Administrator shall then execute a recordable document, which shall be recorded by the applicant at his expense, rescinding the aforesaid recorded written statement.
(Ord. 466, § 2-13-7, passed 5-11-98)
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