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The density transfer option is available in AG, RR, and R-1 Zoning Districts to establish a mechanism for cooperation between the county and land developers in providing open space and recreational lands in developing areas of the county.
(A) Criteria for use. This option shall only be permitted if one of the following two conditions are met:
(1) The County Park Board must determine that there is a need for public recreational land in the area proposed for development, and must agree to maintain the property if it is dedicated to the county; or
(2) Private maintenance provisions must be incorporated into the land development proposal.
(B) Minimum lot size. The minimum lot size permitted when utilizing the density transfer option shall be as stipulated in Table B in § 155.028, with the following criteria being utilized to govern the reduction of lot sizes from that which is normally permitted:
(1) Land with 0-25% slope receives full credit toward the reduction of lot sizes;
(2) Land with a slope of 25% or greater receives half-credit toward the reduction of lot sizes; and
(3) Land in flood zone areas receives half-credit toward the reduction of lot sizes.
(C) Sketch plan. Upon submittal of a sketch plan, as required by the County Subdivision Control Ordinance an advisory meeting shall be scheduled with the Planning Director to review the plan and discuss the possibility of utilizing the density transfer option. If the option is utilized, the preliminary and final plats of the subdivision shall accurately delineate slopes exceeding 25%, flood prone areas, and any other natural land feature that may influence building locations. Finally, that portion of the site which would be dedicated to the county otherwise protected shall be clearly delineated.
(D) Health Department approval. Any plan for development of property not served by a sewer system shall be required to have the State and County Health Department approval for suitability and adequacy of lots for septic systems.
(Prior Code, § 153.036) (Ord. 93-02, passed 2-1-1993)
It shall be the responsibility of the owner of any lot or parcel of land developed for any use, other than those listed in § 155.034, to obtain an improvement location permit from the office of the Zoning Administrator. If the site has significant potential for drainage and erosion problems as determined by the Administrator, or in consultation with the County Soil and Water Conservation District representative, then the issuance of this permit shall include the review and approval of a drainage and/or erosion control plan, as specified in this section, unless provision for drainage and erosion control has been handled under the Subdivision Control Ordinance.
(A) If required, an erosion control plan must be submitted as a part of an improvement location permit application. In addition to the information required herein, an erosion control plan must be submitted detailing measures to be implemented during and after construction on a form provided by the Zoning Administrator, or County Soil and Water Conservation District and approved by the Soil and Water Conservation District.
(B) All general development must comply with 327 I.A.C. 15-5-2. In addition, a notice of intent must be submitted and a permit received from the State Department of Environmental Management prior to issuance of an improvement location permit, if one of the following applies:
(1) If an individual home construction will disturb five acres or more;
(2) If commercial or industrial construction will disturb one acre or more based upon a lot size of one acre or more; or
(3) All strip development, unless the total combined disturbance on all individual lots, is less than one acre and is not part of a larger common plan of development and sale.
(C) Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil. Whenever possible, existing natural surface drainage may be utilized. To the maximum extent, there shall be no increased peak discharge or runoff rates as a result of the development unless downstream systems are sufficient to accept the discharge.
(D) Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When additional surface drainage is required, adequate easement for such drainage shall be provided.
(E) On site detention storage of stormwater shall be required where necessary as determined by the Administrator, or in conjunction with a County Soil Conservation District representative in order to prevent damage to adjoining properties.
(F) As required, a drainage plan must be submitted as a part of an improvement location permit. In addition to the information required herein, the Drainage Plan must include the following information:
(1) Existing and proposed grading showing positive drainage by contouring or sufficient spot elevations;
(2) Location of all existing or proposed swales, ditches, culverts, drainage channels, surface and subsurface drainage devices, and the direction of flow;
(3) Illustration of the surface drainage pattern of the site away from structures;
(4) Final distribution of surface water off-site, either preventing or planning for surface ponding;
(5) Demonstration of capability of accommodating the ten-year design rainfall intensity, or a rainfall of greater intensity, without endangering the public safety and health, or causing significant damage to property;
(6) A certificate of sufficiency that resembles the format as shown on the following page shall be submitted along with the plans; and
(7) Detention storage facilities, if required, shall submit the following additional information:
(a) Plans for storage of and a controlled release rate of excess stormwater with adequate detention storage to ensure that the release rate of stormwater following and during developments, redevelopments, and new construction shall not exceed the stormwater runoff from the land in its present state of development (present state of development means state of development as of January 1, 1993); and
(b) Detailed computations to show that peak rate following and during construction shall not exceed the stormwater runoff rate in its present state of development.
1. The computations must indicate that runoff will not be increased and must include computations of runoff before and after development.
2. The computations must demonstrate that the peak runoff rate after development for the 100-year return storm of critical duration will not exceed the ten-year period predevelopment peak runoff rate.
3. The critical duration storm is that storm duration that requires the greatest detention storage.
(G) (1) Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance, as originally constructed and as approved by the County Highway Department.
(2) Driveways or other approved structures may be constructed over these as permitted by the County Highway Department, with adequate provision for the flow of surface drainage.
(H) No permanent structures other than a fence may be erected, and, if erected in violation of this section, no such structure may be used if the location is within 75 feet of the center line of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch or as determined by the County Surveyor.
(I) No cut or fill grade shall exceed a slope of three to one ratio or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface areas, including cuts or fills on land naturally exceeding a three to one ratio in slope.
(J) (1) All lands, regardless of their slope, from which structures, or natural cover have been removed or otherwise destroyed, shall be appropriately graded or seeded within a reasonable time of such activity.
(2) The phrase “a reasonable time” shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
(3) Temporary vegetation or mulching shall be used to protect exposed areas during development.
(K) All drainage and erosion control systems must be safe to persons and maintained at all times. All land disturbing activities on site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time.
(Prior Code, § 153.037) (Ord. 93-02, passed 2-1-1993; Ord. 2009-19, passed 12-7-2009)
OVERLAY DISTRICT REGULATIONS
The following set of zoning requirements are applied to specific areas of the county in addition to the requirements of the underlying use districts. Development within overlay districts must conform to the requirements of both districts, or the more restrictive of the two.
(Prior Code, § 153.050) (Ord. 93-02, passed 2-1-1993)
(A) (1) The Riverfront Protection Overlay District is created as an overlay district and shall apply to land abutting the Wabash River, Eel River, and other creeks and tributaries as may, from time to time, be designated by amendment of this chapter by the Plan Commission.
(2) The Riverfront Protection District regulations shall be in addition to all other applicable zoning district standards. The Riverfront Protection District may have the effect of modifying the requirements, regulations, and procedures applying in the underlying district; providing there is no conflict of this chapter and other ordinances or state or federal law. If there is such a conflict, whichever ordinance or law is the most restrictive shall take precedence.
(B) (1) The River Protection Overlay District is of special and substantial public interest because it is a visual and environmental resource affecting substantial portions of the county. It is the general purpose and intent of these regulations to provide for maximum public benefit from any future development of the Riverfront Protection District through a sharing of the district land by different types of uses which are developed with a river orientation and with emphasis on the opportunity for enjoyment of river vistas and access to the river banks, continuity of river trails, and access to the rivers.
(2) It is further the intent of this chapter to provide for public access to the rivers, to eliminate or minimize adverse environmental impact, to improve scenic and aesthetic controls, to improve transportation coordination and capability, to better coordinate residential, recreation, commercial, and industrial land uses, and to promote tourism and economic development in areas adjacent to the rivers.
(C) The boundaries of this overlay district shall be 100 feet from the riverbank, which shall be defined as the landward edge of the “floodway area” as determined by the State Department of Natural Resources and for the Federal Emergency Management Agency, on both sides of the river or creek. In the absence of “Floodway Area” information, the 100-year flood boundary shall be used for measurement. For purposes of this section, reports entitled “Floodway: Flood Boundary and Floodway Maps” or the “FIRM: Flood Insurance Rate Map” for the county, which were prepared by the Federal Emergency Management Agency and effective August 3, 1981, shall be used. If more than 50% of a lot or parcel is within that defined boundary, the entire lot or parcel shall therefore be included as if it were entirely contained within that boundary.
(D) Prior to issuance of an improvement location permit for any change in the Riverfront Protection District, a person shall submit a request for approval of a change to the Plan Commission. For the purpose of the Riverfront Protection District, change shall mean:
(1) Construction, enlargement, or alteration of a structure, sign, or parking area, but not replacement of industrial machinery or fixtures which do not involve a structural alteration;
(2) Commencement of a different land use or occupancy;
(3) Filling, grading, clearing, or excavating of land including the removal of trees or other vegetation; and
(4) Emergency work specified herein. However, this does not include temporary flood or ice control measures when flooding or ice damage is imminent or present.
(E) The request for Development Plan approval in the Rivetfront Protection District shall be accompanied by the materials as specified in § 155.150, as well as the following additional information:
(1) The location, minimum size, and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open space and/or easement;
(2) The existing and proposed pedestrian and/or trail system;
(3) The proposed treatment of the perimeter of the site; including materials and techniques to be used such as screens, fences, walls, and landscaping;
(4) The relationship between this parcel and other developed parcels within the Riverfront Protection District, including building orientation and facade design;
(5) The height of the plat above sea level;
(6) Any data and information bearing on the flooding; and
(7) Other technical or statistical data which may be reasonably required by the Plan Commission.
(F) (1) The Plan Commission shall review the Development Plan submitted within the Riverfront Protection District according to the procedure set forth in § 155.150. In addition, the Commission shall review the Development Plan in relationship to any and all plans having a bearing on the Overlay District, including but not limited to: the Comprehensive Plan; the Park Master Plan; as well as any flood control measures; bank conservation treatment; and water quality controls or improvements which might be needed to support the proposal.
(2) If the Plan Commission determines that the proposal is not compatible with the Comprehensive Plan, or creates unreasonable hazard of flooding, or is not compatible with the aesthetic design of the District, it shall be deny the application. If the Plan Commission denies the application, it shall notify the petitioner stating the reasons for the denial.
(G) (1) No person shall commence activity in the Riverfront Protection District (described above) before a Development Plan is approved by the Plan Commission, unless it has been exempted under the terms of this chapter for emergency work by the Zoning Administrator.
(2) Emergency work may be commenced concurrent with an application for Development Plan approval when, without emergency work, there is imminent danger of personal injury or substantial damage to property. Any such emergency work is done solely at the risk of the person performing the work.
(3) An application for Development Plan shall be filed for review as soon as possible and not later than the first working day after repairs have commenced. No permit shall be issued for a change required to be reviewed under this chapter, unless the change has been approved by the Plan Commission or is proceeding as emergency work under concurrent review.
(4) If the Plan Commission subsequently denies the Development Plan for any change made pursuant to the “emergency work” provisions of this division (G), the person shall, upon notification of the denial, immediately quit any such occupancy and use and shall restore the premises to its condition prior to commencement of the emergency work.
(Prior Code, § 153.052) (Ord. 93-02, passed 2-1-1993)
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