(A) Intent. The purpose of the final detailed plan application is to establish the details of the proposed PUD, document those details, and obtain final PUD approval from the Plan Commission and the applicable legislative body.
(B) Application. The petitioner shall submit a final detailed plan review application, affidavit and consent of property owner (if the owner is someone other than the petitioner), a copy of the deed(s) for the property involved, the required filing fee, the final detailed plan, and any other supporting information. The final detailed plan filing shall occur within 18 months of the date of preliminary plan approval. If no final detailed plan filing has occurred within that period, the preliminary plan approval shall expire. An extension may be granted upon request to the Plan Commission under certain conditions without the need for a public hearing. If the project is phased and was part of the preliminary plan, the petitioner may submit partial final detailed plans which correspond to the phases involved.
(C) Final detailed plan data. The final detailed plan may take the form of a booklet of letter and/or tabloid sized paper and a set of 24-inch by 36-inch sheets. The final detailed plan may include any graphics that will explain the features of the development. The following shall be included in the final detailed plan submission.
(1) Cover page and index. The cover sheet shall indicate that it is the final detailed plan for that particular development and include the date of submittal, an index identifying all sections/phases included in the final detailed plan document, and references to any separate sheets of information.
(2) Site description. A description of the property and petitioners involved, including:
(a) The name, mailing address, e-mail address, and telephone number of the applicant;
(b) The name, mailing address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the final detailed plan design;
(c) The legal description of the subject property and common address of the site; and
(d) The proposed name of the development (if applicable).
(3) Vicinity map. A vicinity map showing the use and zoning of all properties within 1,320 feet (¼ mile) of the property subject to the final detailed plan. A site location diagram shall also be included.
(4) Common holdings map. A map of any property adjacent to the property subject to the final detailed plan that is owned or otherwise controlled by any or all of the applicants. The common holdings map shall be accompanied by a general description of the future development of that property and its relationship to the area included in the final detailed plan. The general description may be in either text or map form and shall include, at a minimum, general land uses, general street patterns and access points, and general drainage designs.
(5) Existing site conditions. A site survey of all existing conditions on the subject property, including:
(a) Built features. All existing streets (including travel lanes, sidewalks, street trees, rights-of-way, etc.), established open spaces, structures, wells, utility lines and facilities, fire hydrants, and street lights;
(b) Easements. All existing easements and an indication of their purpose;
(c) Topography. A topographic survey extrapolated from USGS data or otherwise meeting the requirements of the County Surveyor;
(d) Natural features. The location of natural streams, regulated drains, 100-year floodplains and floodways (extrapolated from FEMA maps), water courses, wetlands (general locations as indicated by the National Wetlands Inventory), and wooded areas;
(e) Utilities. The general location of utilities serving the site (including sanitary sewer, water, electricity, natural gas, and data transmission);
(f) Historic features. An identification of any historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures; and
(g) Other features. Any other significant feature(s) that may influence the conceptual design of the development.
(6) Proposed development. A description of the proposed development of the property, including:
(a) Street systems. The general plan, profile, and description of proposed street systems (that identifies proposed arterial and collector streets and other information as necessary as listed in § 156.106;
(b) Land uses. The general land use areas within the development (including proposed densities of residential uses);
(c) Open space. The general location of open space;
(d) Landscaping. Detailed plan areas of landscaping, buffering, and/or screening proposed for the development;
(e) Natural features. A description of the general accommodation of natural streams, regulated drains, 100-year floodplains and floodways, water courses, wetlands, and wooded areas identified in § 156.052(C)(5)(d);
(f) Historic features. A description of the general accommodation of historic features, specifically those listed as outstanding, notable, or contributing on the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report or listed in the National Register of Historic Places and/or Indiana Register of Historic Sites and Structures;
(g) Written commitments. A description of any written commitments that are being proposed as part of the development;
(h) Covenants. A general description of any private covenants and restrictions that may be established for the development; and
(i) Drainage. A drainage plan meeting the requirements of the County Surveyor.
(7) Supplemental information. Any other information requested by the Planning Director or Plan Commission to aid in the review of the preliminary plan. This may included, but not be limited to, topic areas such as traffic, utilities, tree preservation, flood hazards, and architectural design standards.
(D) Administrative review by staff. Upon review, county planning staff shall approve, approve with modifications, or deny the detailed plan application.
(1) Approve. The application may be approved if it is found to be consistent with all applicable requirements and the intent of this chapter and the Hancock County Comprehensive Plan. Staff may accept or require written commitments from the petitioner as part of the approval. The Planning Director may require certain additional written commitments to be lettered on the plat of record.
(2) Approve with modifications. The application may be approved with modifications if it is generally consistent with all applicable requirements of this chapter. Staff may impose conditions on the approval of the detailed plan, which shall become written commitments of the applicant. The Planning Director may require certain additional written commitments to be lettered on the plat of record.
(3) Deny. The application may be denied if it is found to be inconsistent with any applicable requirements and/or the intent of this chapter and/or the Comprehensive Plan.
(a) Continue. The application may be continued and referred back to the Plan Commission based on a request by the Planning Director, the petitioner, a remonstrator, the legislative body, or an interested party. The application shall be continued in the case of an indecisive vote, a determination by the Commission that additional information is required prior to action being taken on the request, or if an appropriate representative of the application fails to appear at the public hearing.
1. Additional legal notice shall not be required unless specified by the Plan Commission.
2. The continuing of all petitions shall be consistent with the adopted rules and procedures of the Commission.
(b) Re-filing following denial.
1. If staff determines that there is not compliance with the ordinance, the applicant may re-file a revised detailed plan within 90 days of the date of denial. The revised detailed plan shall be reviewed as if it were a new application.
2. Detailed plan applications that have been denied and not re-filed within the specified deadline shall not be re-filed for a period of one year from the date of the denial.
(E) Findings of fact. The Planning Director shall prepare and sign written findings of fact. The Planning Director shall make copies of the written findings of fact available to the applicant within five business days of the date of each review of the application.
(F) Recording. All approved final detailed plans and modifications thereof shall automatically expire and become null and void unless recorded in the office of the Hancock County Recorder within two years of approval.
(1) Failure to record. Failure to record the plans and modifications in the time provided for in § 156.057 shall automatically void the approval of the detailed plan.
(2) As-built drawings. If, upon completion of all development, the exact measurements as to the location of buildings or structures erected during the development are deemed desirable for public record by recording thereof, the developer shall submit a copy of the approved final detailed plan to the Planning Director as an amended approved detailed plan with the exact measurements thereon shown, and upon being satisfied that the measurements are substantially the same as indicated on the original approved final detailed plan, the Planning Director shall re-approve, date, and sign the amended approved final detailed plan, which the developer shall then record.
(G) Improvement location permit. Detailed plan approval is required prior to the issuance of an improvement location permit. An improvement location permit, consistent with § 156.106 is required prior to any construction activity occurring on the subject property.
(1) Plat approval required. If a subdivision plat is required, plat approval consistent with the subdivision control ordinance must also be obtained prior to the receipt of any improvement location permits.
(2) Supporting information. The Plan Commission may require any additional supporting information not already stated by this subchapter to be provided prior to the issuance of an improvement location permit.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
Conditions of approval, see I.C. 36-7-4-1512
PUD district ordinances, see I.C. 36-7-4-1503
Rezoning criteria, see I.C. 36-7-4-603
Rezoning procedures, see I.C. 36-7-4-608
Cross reference:
Improvement location permits, see § 156.106
Notice of public hearing, see § 156.101
Subdivision regulations, see Ch. 155