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(A) (1) The applicant's plans shall utilize areas of the lot that will not affect the steep slope, for example, by utilizing areas that may have been previously cleared or graded for construction. The Committee will recommend adjustments in the applicant's plans in order to protect steep slopes and will condition site plan approval or building permit approval on the applicant utilizing an alternative site on the lot.
(2) Any proposed driveway shall be located on the portion of the lot that does not affect the steep slope. A driveway located on or affecting a steep slope is greatly discouraged and will only be permitted in extraordinary cases where the Committee determines that the construction of and placement of the driveway will not adversely impact the steep slope and the plans limit the dimensions of the driveway to minimize the impact, and there is no practicable alternative site on the lot.
(B) It is the applicant's burden to demonstrate that there is no practicable alternative site on the lot or adjacent property available to the applicant which would avoid or lessen the impact to the steep slope. The applicant's plans must demonstrate to the Committee that no alternative practicable site exists and that the proposed construction, and location of any structure will not cause damage to the dune, roadway, or surrounding property owners. If the proposed building site, or any preparation for construction, staging or construction activities, excavation, grading or any other activity is on or within ten feet of a steep slope or that disturbs or impacts the steep slope, then no more than 120 cubic yards of sand or soil for septic and no more than 180 cubic yards of sand or soil for the dwelling and all other structures, including a driveway, if permitted, shall be removed, relocated, or added to the dune.
(Ord. 2021-09, passed 7-20-2021)
(B) A geotechnical engineering report from an engineer licensed in Indiana, Illinois or Michigan to demonstrate:
(1) An accurate estimate of the amount of sand or other material in cubic yards expected to be excavated, graded, filled or transported during the life of the permit, and if excavation is to occur, the location of where the excavated material will be finally deposited;
(2) The construction, excavation, digging, grading, change of contour, including of trees and vegetation, site restoration and remediation, contemplated in the applicant's site plan will not damage or interfere with the established slope terrain or slope stability; create erosion; cause water drainage problems; change water drainage or obstruct or retard the flow of water; or threaten the safety of neighboring properties; and
(3) A slope stability analysis of the dune including a discussion of the effect of construction and excavation as well as the effect of the location of the structure on the dune.
(C) The applicant's plans must show:
(1) A site diagram, in scale and adequate detail, that indicates the areas of the site with contours of 0 to 10% slope, greater than 10% to 20%, greater than 20% to 33%, and greater than 33%;
(2) A complete description of the area affected during construction or excavation activities;
(3) All precautions which will be taken during construction to protect the area;
(4) All monitoring which will occur, during construction or excavation;
(5) All efforts which will be taken to restore the site after construction to the original slope;
(6) All studies conducted on the site to support any conclusions; and
(7) A three-dimensional drawing or model of the structure on the proposed site.
(D) The applicant's plans shall adapt to and minimize disturbance of the natural terrain, trees and other vegetation both during construction and after construction, including plans for implementing the following storm water controls:
(1) The location and placement of structural controls to eliminate soil erosion and sedimentation from areas of the site where construction has disturbed the preconstruction land surface; and
(2) Temporary stabilization of the disturbed land surface within five business days of completion of construction to re-vegetate with sod, seed, soil blanket, or implement similar measures followed by permanent stabilization before project completion using measures such as landscaping, retaining walls, hard surfaces, and water flow dissipators.
(E) The applicant's plans shall contain landscape enhancement and shall provide for the planting of non-invasive trees and native vegetation designed to stabilize the dune and protect it from future movement.
(F) The Committee may require a minimum setback for equipment movement or storage.
(Ord. 2021-09, passed 7-20-2021)
(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)
GENERAL SUBDIVISION CONTROL REGULATIONS
(B) (1) These subdivision control regulations shall apply to all subdivisions of land, as defined herein, located within the jurisdiction of the Town of Beverly Shores, Indiana.
(2) No land shall be subdivided within these boundaries until:
(a) The subdivider or his or her agent shall submit a proposed subdivision plat to the Plan Commission;
(b) The Plan Commission grants primary and secondary approval of the plat; and
(c) The approved plat is filed with the County Recorder.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
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