(A) It is the applicant's burden to demonstrate to the Committee that it has met the requirements for site approval and the issuance of a building permit for construction on a lot containing a steep slope. If the Committee determines that the applicant has failed to meet its burden, then it shall not approve the site plan or building permit, as applicable. If the application is disapproved, the Building Commissioner shall prepare a report summarizing the concerns and issues resulting from the applicant's plans as related to the steep slope and shall include the report with the records for the site plan application. The Building Commissioner shall maintain records of all actions on site plan applications.
(B) (1) In that case, the applicant may file a petition for variance before the Board of Zoning Appeals pursuant to § 155.034, in which case the applicant shall have the burden of demonstrating the standards for variance, as supplemented by the steep slope protection provisions, §§ 155.140 et seq., in addition to all other requirements for obtaining a variance under § 155.034.
(2) The B.Z.A. in its discretion, may also take the following actions:
(a) The B.Z.A. may select a licensed Indiana geotechnical engineer from a list of engineers approved by the town, to review the initial engineering reports submitted by the applicant. All costs and professional fees associated with this review shall be paid by the applicant.
(b) Approval may be conditioned upon receipt of an insurance policy in the minimum combined single limit coverage amount of $1,000,000 with the named insureds: the Town of Beverly Shores, the builder, the property owner, and adjacent or other affected property owners. If special circumstances exist in the discretion of the B.Z.A., it may require coverage in excess of $1,000,000 up to the amount necessary to protect all the named insureds. The insurance policy shall be approved by the Building Commissioner and shall remain in force for a minimum of one year following granting of the occupancy permit. If there are any issues remaining under the policy after the one-year period and either the town, or any other affected landowner gives notice to the insurance company and the property owner, then the policy shall remain in effect until the remaining issues are resolved.
(Ord. 2021-09, passed 7-20-2021)