(A) Intent.
(1) The intent of this subchapter is to provide for the adequate, consistent review of new development to ensure consistency with the zoning ordinance; accommodate traffic and utility systems; and address the unique characteristics of certain areas of development. Development plan review is provided for by the I.C. 36-7- 4-1400 series. The development plan review process is not intended to provide an alternative to rezoning, variance, special exception, platting, or other established procedures; but rather to allow for the administrative review of site conditions and development plans for consistency with applicable requirements prior to the issuance of permits.
(2) Generally, development plan review shall involve new non-residential and residential (multifamily and subdivision) development and shall occur after rezoning and primary plat approvals. Development plan review may occur before or after any necessary Board of Zoning Appeals applications based on the characteristics of each application.
(3) The following process and requirements apply to all new site development.
(B) Authority and process outline.
(1) Development plan required. Development plan approval may be required upon the discretion of the Board of Zoning Appeals and the Plan Commission.
(2) Exemptions. The following types of development shall be exempt from the requirements of this subchapter, but shall be required to obtain an improvement location permit and/or any other permit or approval otherwise required by this chapter.
(a) Sign installation. The replacement or installation of any sign(s) not occurring as part of an improvement to any other aspect of the property.
(b) Parking lot expansion. The expansion of an existing parking lot that does not
result in:
1. A greater than 25% or 2,000 square foot (whichever is greater) increase in the surface area of the parking previously available on the property;
2. The demolition of any structure; or
3. The need for modifications to street accesses.
(c) Structural expansion. The expansion of an existing structure or the construction of an accessory structure that does not result in a greater than 25% increase in the floor area of the structures that were previously existing on the property and does not require the provision of additional landscaping, parking, or other improvements regulated by this chapter (building permit).
(d) Residential use/structure. The placement of an individual manufactured home or the construction or expansion of a single-family residential use and structure (building permit).
(3) Review and approval authority. The Planning Director, or his designee, in their role as staff for the Plan Commission, shall have the authority to review and approve development plans in conjunction with the Technical Committee as required by this subchapter.
(a) Waiver of requirements. Neither the Planning Director nor the Area Plan Commission shall have the authority to waive any requirement of this chapter in the review of a site development plan. All variances from the terms of this chapter shall be subject to the approval of the Board of Zoning Appeals.
(b) Revision process. The procedure for the review of proposed amendments or revisions to previously approved site development plans shall follow the process for the initial approval of site development plans outlined in this subchapter.
(4) Process outline. A preliminary informal meeting shall be held with county staff prior to application submittal. The process is illustrated below and detailed in division (C) below.
Development Plan Process Diagram
(C) Application materials.
(1) General requirements. All applications may be obtained from the Planning Director. Fees shall be paid to the Planning Director at the time the application is submitted.
(a) Application forms. All applications shall be made on forms provided by the Planning Director. All applicants shall submit original applications that are completed in their entirety either in ink or typed.
(b) Copies required. All applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the county and the applicable rules and procedures of the Plan Commission.
(c) Review schedule. All applications shall be assigned reference and/or docket numbers by the Planning Director. Applications shall be scheduled by the Planning Director for the appropriate meetings and/or public hearings based on the completeness of the application consistent with the requirements of this subchapter and the appropriate adopted calendar of filing and meeting dates for the Plan Commission (available in the Planning Department).
(2) Application. The applicant shall submit an application for development plan review, an affidavit and consent of property owner (if the property owner is someone other than the applicant), a copy of the deed for the property involved, the required filing fee, and required supporting information to the Planning Director.
(a) Application material format. All drawings shall be provided in both hard copy and digital format in a manner specified by the Planning Director.
(b) Supporting information. Supporting information shall include, but not be limited to, that described by division (C)(3) below (the Planning Director, County Surveyor, Technical Committee, and/or Plan Commission may request additional supporting information, which shall be provided by the applicant).
(3) Required materials. The following materials shall be submitted with all development plan applications.
(a) Summary statement. A summary statement of the characteristics and operation of the development, including the population densities, presence of any adult uses, and number of potential employees. The statement shall include any written commitments being made regarding the development plan.
(b) Site description. A general description of the site and its ownership including:
1. The name, street address, e-mail address, and telephone number of the applicant;
2. The name, street address, e-mail address, and telephone number of any land surveyors, engineers, or other professionals responsible for the development plan design;
3. The name, street address, e-mail address, and telephone number of the primary contact individual for the application (it shall be indicated if the primary contact person is the applicant or a contracted design professional);
(c) Cover sheet. A cover containing the following information. A conceptual drawing describing the future development of all contiguous holdings described above shall be provided by the applicant upon the request of the Planning Director, County Surveyor, Technical Committee, and/or Plan Commission. At a minimum the conceptual drawings shall include a description of the general street access points, general land uses, and general drainage conditions and plans.
1. A vicinity map shall clearly identify the subject property, property that is contiguous to the subject property that is owned and/or otherwise controlled by the owner or developer of the subject property, and the current zoning and use of all property within 500 feet of the subject property;
2. A site location map showing the subject property and adjacent streets;
3. The legal description of the subject property and common address of the site, and
iv. the proposed name of the development (if applicable).
(d) Property survey. A property survey, drawn to an appropriate scale, bearing the seal of a land surveyor registered in the State of Indiana, and showing the following existing features for the subject property and all land within 100 feet of the property lines of the subject property:
1. The boundary lines and dimensions of the subject property;
2. All structures (specifically indicating any structures recognized as outstanding, notable, or contributing in the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report; and those listed in the National Register of Historic Places; and/or the Indiana Register of Historic Sites and Structures);
3. Topography interpolated from USGS sources and/or otherwise meeting the requirements of the County Surveyor (topographic information shall tie into horizontal and vertical control points);
4. Significant wooded areas and other isolated trees and wetlands;
5. 100-year floodplain and 100-year floodway boundaries (including elevations);
6. Public and private streets (including street names), sidewalks and other pedestrian paths, rights-of-way, and easements;
7. Required building setbacks and any build-to lines and buffer yards;
8. All known drainage areas, tiles, pipes and structures;
9. Utility services (including fire hydrants) and easements;
10. Street accesses; and
11. Any other paved or otherwise improved areas.
(e) Site plan. A site plan, drawn to an appropriate scale, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana, clearly showing all proposed aspects of the property and all features relevant to the site including:
1. All setbacks and buffer yards;
2. Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the County Surveyor/Town Engineer);
3. Preserved wooded areas and isolated trees and wetlands;
4. Existing and proposed structures (including buildings, fences, and walls);
5. All structure heights, dimensions, and floor areas;
6. Areas of outdoor storage;
7. Permanent dumpsters and trash areas;
8. Locations, dimensions, and design features (including all curb radii, tapers, and parking space dimensions) of road accesses, interior drives, parking lots, loading docks or areas, intersection sight visibility triangles, and interior sidewalks;
9. Open spaces and specific landscaped areas;
10. Locations and capacities of public and private utilities;
11. The location, width, and purpose of all easements;
12. The use of each structure and the amount of parking required and provided for the use;
13. Any public improvements including sidewalks, street trees, and right-of-way dedications;
14. Locations for temporary uses, such as seasonal sales areas;
15. Locations of proposed signs (separate permit required).
(f) Landscaping plan. A landscaping plan, prepared by a registered landscape architect, drawn to an appropriate scale, showing the following:
1. Proposed landscaping, buffer yards, and street trees;
2. Topography (including elevation contour lines at two-foot intervals, or otherwise meeting the requirements of the County Surveyor);
3. 100-year floodplain and 100-year floodway boundaries (including elevations);
4. Existing and proposed public and internal sidewalks and other pedestrian ways;
5. The size and spacing of the plantings at the time of installation, height at maturity, and the botanical and common name of the species proposed to be used to meet the requirements of this chapter; and
6. All existing trees and vegetation to be preserved, and the driplines for such trees (in which no construction activity shall occur).
(g) Stormwater drainage plan. A site drainage plan, bearing the seal of a professional engineer or land surveyor registered in the State of Indiana, including all calculations required by the County Surveyor. The drainage plan shall include the location of the following:
1. All natural streams, regulated drains, and watercourses;
2. 100-year floodways and 100-year floodplains (including elevations);
3. All marshes, wetlands, and wooded areas, and
4. All drainage area features as described in the drainage calculations.
(h) Lighting plan. A site lighting plan prepared by an electrical engineer drawn to an appropriate scale, showing the type and location of all exterior lighting fixtures (site and building lighting).
(i) Erosion control/sedimentation plan. A site erosion control sedimentation plan, drawn to an appropriate scale, showing proposed erosion and sediment control measures.
(j) Construction plan. A site construction plan, drawn to an appropriate scale, showing:
1. The location of any proposed construction trailer and worker parking;
2. The location, height, and dimensions of any temporary construction-related signs;
3. Any temporary site accesses to be used during construction;
4. All traffic control signs and devices (subject to the approval of the County Highway Engineer and consistent with the Manual of Uniform Traffic Control Devices);
5. Any temporary utility connections; and
6. The location of any stockpiles of dirt, construction materials, and construction waste dumpsters or storage areas, wash off areas.
(k) Street plan and profile.
(l) Sanitary sewer plan and profile.
(m) Utility plan.
1. Water;
2. Electrical.
(n) Grading plan.
(C) Review process.
(1) Technical Committee Review. The Technical Committee shall review the development plan, including all supporting information on the date established by the adopted calendar of meeting and filing dates (available in the Planning Department).
(a) Representation. The applicant and/or a representative of the applicant must be present at the meeting to present the Development Plan and address any questions the Committee may have.
(b) Considerations. In reviewing the development plan, the Committee shall consider whether or not the proposed development plan is consistent with the requirements and intent of this chapter, any other applicable adopted requirements of Hancock County, and the standards of the local utility providers.
(c) Possible action. The Committee may approve, approve with modifications, deny, continue, or forward the development plan to the Plan Commission.
1. Approve. The Committee shall approve the development plan if it complies with all applicable requirements set forth above.
2. Approve with modifications. The Committee shall approve the development plan with modifications if it is generally consistent with the considerations for approval outlined in division (D)(1)(b) above, but requires minor modifications to be completely in compliance with the requirements and intent of this chapter. The applicant shall revise the development plan proposal consistent with the Committee comments and supply revisions for review by the Planning Director prior to the release of any improvement location permit.
3. Deny. The Committee shall deny the development plan if it is found to be inconsistent with the considerations outlined in division (D)(1)(b) above. The development plan can be resubmitted for review by the Technical committee if there have been significant changes as deemed by the Planning Director. If not, there shall be a one-year waiting period before the same site development plan can be resubmitted as a new application.
4. Continue. The Committee may continue the development plan if requested by the applicant, if a determination has been made by the Planning Director that sufficient information has not been provided, or if the applicant or an appropriate representative of the applicant fails to appear at the Committee meeting. Development plan applications that are continued shall be automatically docketed for the next Committee meeting.
5. Forward to Plan Commission. The Committee shall forward development plans that are generally consistent with the considerations outlined in division (D)(1)(b) above to the Plan Commission for a public hearing if the proposal:
a. Includes any improvement to be dedicated to the public (if that improvement has not previously been shown on a recorded plat or otherwise dedicated);
b. Includes proposed written commitments; or
c. Requires the imposition of conditions in order to be completely consistent with the considerations for approval.
(2) Plan Commission preparation. If Plan Commission review is required, the development plan shall be placed on the agenda for the next meeting of the Plan Commission consistent with the adopted calendar of meeting and filing dates. The applicant shall revise the development plan proposal consistent with any Committee comments and submit the revised plans to staff ten days prior to review by the Plan Commission and shall provide such revision for review.
(3) Plan Commission review (if necessary). The Plan Commission shall review the development plan and any supporting information.
(a) Representation. The applicant and/or a representative of the applicant must be present at the public hearing to present the Development Plan and address questions from the Commission.
(b) Presentations. The Commission shall consider a report from the Planning Director describing the findings of the Technical Advisory Committee and any testimony from the applicant and any interested parties in making its decision.
(c) Possible action. The Plan Commission shall approve, approve with modifications, deny, or continue the site development plan application.
1. Approve. The Plan Commission shall approve the development plan if it is consistent with all applicable requirements of this chapter.
2. Approve with modifications. The Plan Commission shall approve the development plan with modifications if it is generally consistent with all applicable requirements of this chapter. The Plan Commission may impose conditions on the approval of a development plan if the conditions are necessary to satisfy the requirements and intent of this chapter. Accepted conditions shall become written commitments which shall be recorded by the applicant before any construction activity commences.
3. Deny. The Plan Commission shall deny the development plan if it is not consistent with the applicable requirements of this chapter. Development plan applications that have been denied shall not be re-filed for a period of one year from the date of the denial, unless a different design, that addresses the reasons for denial, is submitted.
4. Continue. The application may be continued based on a request by the Planning Director, the applicant, a remonstrator, or an interested party; an indecisive vote; a determination by the Commission that additional information is required prior to action being taken on the request; or if the applicant or an appropriate representative of the applicant fails to appear at the public hearing.
a. Additional legal notice shall not be required unless specified by the Plan Commission.
b. The continuing of all applications shall be consistent with the adopted rules and procedures of the Commission.
(4) Permits. Prior to any site work or construction activity, the applicant shall be required to obtain the appropriate improvement location permit and any other required permits specified by this chapter.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Notice of public hearing, see § 156.101