(A) The land proposed for development must be owned under single ownership, or be owned either:
(1) Jointly by the owners of all property included in the development (including the holder of any written option; or
(2) By any governmental agency.
(B) A planned development may contain residential, commercial, industrial, professional, or special uses as an integral part of the development.
(C) The proposed development must be designed to produce an environment of stable and desirable character capable of supporting the proposed use of the property. It must include provisions for drainage, parking, utilities and ingress-egress adequate for the occupancy proposed or otherwise in compliance with this subchapter.
(D) Division of land. Any development plan proposal that includes the subdivision of land into platted lots will be considered a “non-residential subdivision” by the Town of Hamilton and will be submitted under, and reviewed according to, the requirements of the Town of Hamilton, Indiana Subdivision Ordinance (Chapter 152).
(E) A development plan proposal that may contain a proposed later division of the land into separate units under one ownership or into one or more separately owned and operated units, and that will be described by metes and bounds measurement, shall be clearly designated on the plan by both text and drawing.
(F) If approved with a development plan, such a proposed division maybe made without further approval by the Commission. Later divisions of land within an approved plan may otherwise be made only upon reapplication to the Commission for approval of a revised development plan and resubmission to the Commission.
(G) No improvement location permit or certificate of occupancy may be issued unless all requirements, conditions, and specifications shown on the development plan, as approved by the Commission, and supporting documents have been met.
(H) Upon the abandonment of a planned development, or upon the expiration of a one-year period after authorization during which a development has not been initiated, then the authorization expires. The Zoning Administrator shall then send a notice to the applicant that the approval has expired, unless the Commission has granted an extension of time, which extension shall be considered only upon written application of the developer.
(I) Political and jurisdiction boundaries. To eliminate potential jurisdictional disputes, and to ease effective coordination and planning of development, the Commission shall be guided by the following policy.
(1) Whenever access to the development is required across land within another local government jurisdiction, the Commission shall request assurance from the attorney for said jurisdiction that such access is legally established, and from the designated engineer for said jurisdiction that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in an amount to assure construction of the access road.
(2) Parcel lines within a development shall be laid out to not cross boundary lines between adjacent units of local government, each of which has a separate, autonomous governing body.
(Ord. 2004-20, passed 10-4-04)