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(A) Certificate required. No change of tenant or use within the NB, CB or Downtown Overlay Districts shall be allowed without a certificate of compliance with safety codes (“certificate of compliance”). The certificate of compliance will enable the City Planning Department to determine compliance with Building, Fire, Plumbing, Electric or other applicable city codes. This certificate is required for all existing development, new construction, alterations, expansions and conversions whether owner- or renter-occupied.
(B) Pre-existing uses. The initial certificate of compliance for subject properties shall be obtained within 12 months of the adoption of this ordinance.
(C) Living area. Each single-family and multifamily dwelling unit shall have separate and individual kitchen and bathroom facilities unless as specified in § 7.21.
(D) Exemptions. Single- or two-family residences that are intended to remain only as single- or two-family use are exempt and not required to obtain a certificate of compliance.
(Ord. 07-16, passed 12-10-2007)
(A) Purpose. The purpose of this section is to provide standards and procedures for making amendments to the text of this ordinance and the official zoning map that are of general significance or application. This amendment process is not intended to relieve particular hardships nor to confer special privileges or rights upon any person, but only to make adjustments necessary in light of changed conditions or changes in public policy.
(B) Authority. The text of this ordinance and the official zoning map incorporated by reference into this unified development ordinance may be amended as necessary by the passage of a petition duly adopted by Common Council in accordance with I.C. 36-7-4-602 and with the procedures set forth herein.
(D) Parties entitled to initiate amendments.
(1) The Common Council or the Plan Commission may, as necessary, initiate a proposal to amend, supplement or change the text of this ordinance and the official zoning map. The Administrator shall serve as the representative of the applicant for the proposals.
(2) Petitions, duly signed by the owners of 50% or more of the area involved, may be used to initiate a proposal to amend or change the official zoning map.
(3) Any proposed ordinance for the amendment, supplement, change or repeal of the zoning ordinance not originating from petition of the Plan Commission shall be referred to the Plan Commission for consideration and report before any final action is taken by the Common Council.
(E) Standards for amendments. In making their determination of whether to adopt or deny, or to adopt some modification of the Plan Commission’s recommendation, the Common Council should consider, among other factors, the following:
(1) Whether the proposed amendment is consistent with the goals, objectives and policies of the comprehensive plan, as adopted and amended as necessary by the Common Council;
(2) Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;
(3) Whether the proposed amendment is the most desirable use for which the land in the subject property is adapted;
(4) Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and
(5) Whether the proposed amendment reflects responsible standards for development and growth.
(F) Procedure for review and decision. A proposal to amend the text of the unified development ordinance or to amend the official zoning map shall be processed in accordance with the Plan Commission Rules of Procedure and as set forth below.
(1) Application, affidavit and consent. The applicant shall submit a rezoning application, affidavit and consent of property owner (if the owner is someone other than the applicant), to the City Plan Commission and/or Common Council, a copy of the deed for the property involved, the required filing fee and required supporting information. Supporting information shall include, but not be limited to the following:
(a) Site plan. A conceptual site plan showing all features relevant to the application. See § 9.16;
(b) Vicinity map. A vicinity map showing the use and zoning of all properties within 500 feet of the property subject to the rezoning request;
(c) Letter of intent. A letter of intent to the Plan Commission stating the reasons for the rezoning, including a detailed description of any proposed development for which the rezoning is sought. The letter should include any written commitments (§ 9.14) being made by the applicant; and
(d) Fiscal impact analysis. A fiscal impact analysis shall be required for rezones of property proposing 50 or more residential units.
(2) Notification. Notification for the scheduled Plan Commission public hearing regarding the rezoning request shall be completed consistent with the requirements of § 9.15 and the Rules of Procedures of the Plan Commission.
(3) Plan Commission public hearing.
(a) Public hearing. The Plan Commission will then, in a public hearing review the rezoning application and required supportive information.
(b) Representation. The applicant and/or any representative of the applicant must be present at the public hearing to present the application and address any questions the Plan Commission might have.
(4) Testimony. The Plan Commission shall consider a report from the Administrator and testimony from the applicant, remonstrators, the public and interested parties at the hearing.
(5) Procedures. The presentation of reports and testimony and all other aspects of the public hearing shall be consistent with the requirements of the Rules of Procedures of the Plan Commission.
(6) Possible Plan Commission action. The Plan Commission shall either forward the application to the Common Council with a favorable recommendation, an unfavorable recommendation, or no recommendation or continue the request.
(a) Favorable recommendation. The application shall be forwarded with a favorable recommendation if, by a majority vote of the Plan Commission, it is found to be consistent with the decision criteria of subsection (G) below. The recommendation may include commitments requested by the Plan Commission.
(b) Unfavorable recommendation. The application shall be forwarded with an unfavorable recommendation if, by a majority vote of the Plan Commission, it is determined by the Plan Commission to be inconsistent with the decision criteria of subsection (G) below.
(c) No recommendation. The application may be forwarded with no recommendation if, by a majority vote of the Plan Commission, it is determined that the application includes aspects that the Plan Commission is not able to evaluate.
(d) Continued. The application may be continued by the Plan Commission based on a request by the Administrator, applicant, remonstrator or interested party; an indecisive vote, or a determination by the Plan Commission that additional information is required prior to action being taken on the request.
(1) Additional legal notice shall not be required unless specified by the Plan Commission.
(2) The continuing of all applications shall be consistent with the adopted Rules of Procedures of the Plan Commission.
(7) Certification to the Common Council. The Plan Commission shall certify its recommendation by resolution to the Common Council within ten business days of its determination (per I.C. 36-7-4-608). The Plan Commission staff shall forward to the Common Council appropriate copies of the Plan Commission resolution, the original application and all supporting information, any staff reports regarding the application and an ordinance for the Council’s consideration.
(8) Common Council action. The Council will review the rezoning application and the materials forwarded from the Plan Commission. The Council may then take action on the application.
(a) Notification. The Council shall provide notification of action on the ordinance consistent with the State Code.
(b) Possible action. The Council may either approve or deny the ordinance. If the Council fails to act within the 90 days of the ordinance’s certification to the Council, the ordinance shall become effective or be defeated with the provisions of I.C. 36-74-608. The Common Council may also seek modifications or additions to any written commitments as per § 9.14.
(G) Decision criteria. In reviewing the rezoning application, the Plan Commission and Common Council shall consider the following:
(1) Comprehensive plan. The city comprehensive plan and any other applicable, adopted planning studies or reports;
(2) Current conditions. The current conditions and the character of current structures and uses in each district;
(3) Desired use. The most desirable use for which the land in each district is adapted;
(4) Property values. The conservation of property values throughout city’s planning jurisdiction; and
(5) Responsible growth. Responsible growth and development.
(Ord. 07-16, passed 12-10-2007)
(A) General provisions. The applicant in any rezoning application may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on, the subject property consistent with I.C. 36-7-4-615.
(B) Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, or in response to any modifications requested by the Plan Commission or Common Council.
(C) Consideration of commitments. All commitments shall be considered by the Plan Commission and the Common Council in the review of the application.
(1) Commitments shall be included as an element of the rezoning ordinance prepared by the Plan Commission following action taken at the public hearing.
(2) Any deletion, addition or alteration of the written commitments proposed by the Council shall be referred back to the Plan Commission for consideration and included in a revised or affirmed recommendation regarding the application or may amend the written commitments and incorporate the written commitments within the rezoning ordinance.
(D) Documenting of commitments. Following final action being taken on the rezoning application, the rezoning ordinance, with any written commitments included, shall be recorded in the office of the County Recorder by the applicant and shall not be considered effective until so recorded. A copy of any recorded commitments shall be provided to the Administrator at the time of application for any improvement location permit. No improvement location permit shall be issued for a permit application that does not comply with the written commitments.
(E) Enforcement of commitments. The written commitments shall be considered part of the rezoning ordinance binding on the subject property.
(1) The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property and any person or entity that acquires an interest in the subject property or portion thereof.
(2) The written commitments shall be enforceable by the Plan Commission or Common Council consistent with the adopted provisions for the enforcement of any other aspect of this ordinance, as described in Chapter 10.
(3) The written commitments may be modified only through the zoning map amendment process described by this chapter.
(Ord. 07-16, passed 12-10-2007)
For all public hearings, the notice shall be provided to the public consistent with the requirements of this chapter and the Rules of Procedures of the Board of Zoning Appeals and Plan Commission. Required public notice shall include the following.
(A) Legal notice. The applicant shall prepare and pay for a legal notice consistent with the requirements of I.C. 5-3-1 for publication in the local newspaper. The legal notice shall appear in the newspaper no less than one time at least ten days prior to the public hearing, not including the date of the hearing. Legal notices shall include each of the following:
(1) Property location. The general location of the subject property, including its common address and a legal description of the included land;
(2) Available plans. The project plans are available for examination at the office of the City Plan Commission;
(3) Hearing information. A public hearing will be held, giving the date, place and hour of the hearing;
(4) Written comments. Written comments on the application will be accepted prior to the public hearing and may be submitted to the Administrator; and
(5) Docket number. The applicant shall not place legal notice in any newspaper without first receiving a docket number for the case being heard.
(B) Notice to interested parties. The applicant shall prepare and distribute written notice of the application to all interested parties. The written notice shall be distributed at least ten days prior to the public hearing, not including the date of the hearing. In no instances shall streets, alleys, streams or other features be considered boundaries for precluding notification.
(1) Notice information. The notice shall contain the same information as the legal notice that is published in the newspaper as outlined in subsection (A) above.
(2) Responsibility. The distribution and cost of the notice shall be the responsibility of the applicant.
(3) Notification requirements. Notification shall be provided to owners of all parcels of land within 300 feet of the perimeter boundaries of the subject property. The most current list of property owners can be obtained from the County Recorder’s office. For the purposes of notification, where any adjacent parcels of land are owned by the applicant(s), subject property shall be deemed to include adjacent land owned by the applicants.
(4) Notification certification. A copy of the materials provided to each property owner, the completed certificate of mailing and/or delivery forms, and a completed affidavit of notice certifying the correctness of the mailing list shall be provided to the Administrator by the applicant a minimum of two business days prior to the date of the public hearing.
(Ord. 07-16, passed 12-10-2007)
Where required by this ordinance, site plans shall be drawn to scale and shall show the following items:
(A) Legal or site description of the real estate involved;
(B) Location and size of all buildings and structures;
(C) Width and length of all entrances and exits to and from the real estate;
(D) All adjacent and adjoining roads or highways;
(E) Lot number, where applicable;
(F) Actual shape and dimensions of the lot to be built upon;
(G) Front, side and rear setback line;
(H) All easements;
(I) Number of families or housekeeping units or square footage of business uses, whichever is applicable, that the building is designed to accommodate and any other information in regard to the lot and neighboring lots and their use as may be necessary to determine and provide for the enforcement of the provisions of this ordinance; and
(J) Arrangement of service areas, planting areas and parking areas, where applicable.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)
(A) Authority of the Plan Commission to review development plans. The City Plan Commission is hereby authorized to review and make findings on all development plans that are required by this ordinance.
(B) Development plans required. Development plan approval shall be required for those projects as listed below and in Chapter 4 and Table 4.1: Use Matrix. Improvement location permits and building permits shall not be issued until the conditions and requirements of this ordinance have been met. Single-family development of three lots or fewer are exempt from this requirement. Development plans shall be provided for:
(1) All uses within the MF, MH, CB, NB, PBC, PBO, PBI, ID and IN Districts;
(2) Public and semi-public uses;
(3) All uses within the Thoroughfare Overlay District;
(4) All uses within the Interstate Overlay District;
(5) All uses within the Downtown Overlay District; and
(6) Wireless communication facilities.
(C) Application procedure.
(1) Preliminary meeting. The applicant shall submit a development plan application to the Planning and Zoning Administrator to schedule a preliminary meeting with staff to provide the applicant with guidance as to the development plan process.
(2) Information to include. All sheets shall contain the following information:
(a) The proposed name by which the project shall be legally and commonly known;
(b) Date of survey, scale and north point;
(c) All lots or outlots intended for sale or lease shall be designated with boundary lines and numbered or labeled for identification purposes;
(d) Private parks, common areas or excluded parcels shall be designated as such and clearly labeled on the plans;
(e) Any other information as may be deemed necessary for proper review of the development plan by the Administrator or Plan Commission;
(f) All necessary reference points tying the subject property to the appropriate section corners;
(g) Each sheet shall be sealed and signed by the professional preparing the drawings; and
(h) All sheets shall be tied to state plane coordinates for horizontal and vertical controls. All sheets shall include utility lines, infrastructure and site lighting on all sheets.
(3) Development plan format. All development plans shall be submitted under the seal and signature of a professional engineer or registered land surveyor licensed to practice in the state. All sheets shall be 24 inches by 36 inches size drawn to scale at a minimum one inch equals 50 feet and a maximum one inch equals ten feet with the exception of the maps on Sheet One, unless otherwise approved by the Zoning Administrator. All final plans shall be submitted in conformance with the established procedures of the Planning Department. Development plans submitted for review shall observe the following format:
(a) Title sheet. The following information shall be submitted as part of Sheet One:
(1) Full legal description with sufficient reference to section corners and boundary map of the subject project, including appropriate benchmark references;
(2) Name of the project;
(3) Name and address of the owner, developer and person who prepared the plans;
(4) Total acreage within the project and the number of residential dwelling units or the gross square footage of nonresidential buildings, whichever is applicable;
(5) Existing zoning of the subject land and all adjacent lands;
(6) Boundary lines of adjacent tracts of land, showing owners of record;
(7) A key or vicinity map at a scale of one inch equals 400 feet or less, showing the boundaries of the proposed project and covering the general area within which it is to be located;
(8) A statement of the proposed uses, stating the type and size of residential and nonresidential buildings, and the type of business, commercial or industry, so as to reveal the effect of the project on traffic, fire hazards or congestion of population;
(9) Proposed covenants, restrictions, bylaws or articles of incorporation affecting property owners and/or homeowner’s associations; and
(10) Statement of proposed starting and completion dates for the project, including any proposed phasing and sequencing.
(b) Existing site conditions. The following information shall be submitted as part of Sheet Two:
(1) Location, widths and type of construction of all existing streets, street names, alleys or other public ways and easements, street classifications as per the thoroughfare plan, railroad and utility rights-of-way or easements, parks, wooded areas, cemeteries, watercourses, drainage ditches, designated wetlands, low areas subject to flooding, permanent buildings, bridges and other data considered pertinent by the Commission or the Administrator for the subject land, and within 300 feet of the proposed project;
(2) Existing water mains, fire hydrants, storm sewers, sanitary sewers, culverts, bridges and other utility structures or facilities within, adjacent to or serving the subject land, including pipe sizes, grades and exact locations, as can best be obtained from public or private records;
(3) Existing contours based in United States Geological Survey (USGS) datum with intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. Elevations shall be based on sea level datum; and
(4) The water elevation at the date of the survey of lakes, streams or designated wetlands within the project or affecting it, as well as the approximate high and low water elevation of lakes, streams or designated wetlands. The plan shall also show the contour line of the regulatory flood (100-year flood) elevation and the contour line for the floodway fringe and floodway boundary. All elevations shall be based on sea level datum.
(c) Proposed site conditions. The following information shall be submitted as part of Sheet Three:
(1) Location, widths and type of construction of all existing and proposed streets, street names, alleys or other public ways and easements, railroad and utility rights-of-way or easements, parks, wooded areas, cemeteries, watercourses, drainage ditches, designated wetlands, low areas subject to flooding, permanent buildings, bridges and other data considered pertinent by the Commission or the Administrator for the subject land, and within 300 feet of the proposed project;
(2) Existing and proposed water mains, fire hydrants, storm sewers, sanitary sewers, culverts, bridges and other utility structures or facilities within, adjacent to, or serving the subject land, including pipe sizes, grades and exact locations, as can best be obtained from public or private records;
(3) Building setback lines, showing dimensions;
(4) Full description and details, including engineering calculations, for provision of stormwater drainage plans and facilities, including basin mapping. The standard for drainage detention is that the run-off rate of a 100-year post-development event cannot exceed the rate for a ten-year pre-development event;
(5) Internal and perimeter sidewalk system/pedestrian circulation plan;
(6) Proposed contours with intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. The plan shall also show the contour line for the floodway fringe and floodway boundary; and
(7) Show the location and detail plans for all trash dumpsters.
(d) Erosion control plan. The following information shall be submitted as part of Sheet Four:
(1) Location, widths and type of construction of all existing and proposed streets, street names, alleys or other public ways and easements, railroad and utility rights-of-way or easements, parks, wooded areas, cemeteries, watercourses, drainage ditches, designated wetlands, low areas subject to flooding, permanent buildings, bridges and other data considered pertinent by the Commission or the Administrator for the subject land, and within 300 feet of the proposed project;
(2) Proposed contours with intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%;
(3) Details of terrain and area drainage, including the identity and location of watercourses, intermittent and perennial streams, receiving waters and springs, and the total acreage of land that will be disturbed;
(4) The direction of drainage flow and the approximate grade of all existing or proposed streets;
(5) Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed with, or as part of, the proposed project, together with a map showing drainage area, the complete drainage network, including outfall lines and natural drainage ways which may be affected by the proposed development, and the estimated runoff of the area served by the drains;
(6) A description of the methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site;
(7) Measures for soil erosion and sediment control which must meet or exceed the methods and standards adopted by the State Department of Natural Resources and/or set forth in the Indiana Handbook For Erosion Control in Developing Areas and which must comply with the design principles, performance standards and requirements set forth for the city in Chapter 56: Stormwater Management, of Volume One of the city code, as amended;
(8) A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including the total area of soil surface that is to be disturbed during each stage, the anticipated starting and completion dates, and a schedule for the maintenance of those measures;
(9) Include the following notes on the sheet:
a. “All erosion control practices shall be in accordance with the State Department of Natural Resources (IDNR) Indiana Handbook For Erosion Control In Developing Areas, dated October 1992 and the NRCS Field Office Technical Guide;” and
b. The Planning and Zoning Administrator or his or her designee has the right to require additional erosion control measures in the field as conditions warrant.
(10) Copies of the letter of intent and response from the State Department of Environmental Management (IDEM) office for Rule 5 compliance, when required; and
(11) Any other information reasonably required by the Commission or Administrator to properly evaluate the plan.
(e) Grading plan. The following information shall be submitted:
(1) Major drainage swales and percents of slope;
(2) Pad grades;
(3) Street grades:
a. Centerline and curb if street is bituminous pavement with concrete curb. Centerline only if streets are concrete and placed with electronic control. (Maximum 50-foot spacing); and
b. All sag and crest points.
(4) Paved swales if any, at 50-foot intervals;
(5) Lake or pond, if applicable; and
(6) Locations of sidewalk ramps.
(f) Plan and profiles. The following information shall be submitted:
(1) Sanitary sewers:
a. Invert elevations and percents of slope;
b. Top of casting elevations;
c. Lateral locations based on distances along main from manholes;
d. Locations of each manhole or structure (to make sure they are sufficiently within designated easements to permit future excavation to system if needed); and
e. Designate any material change from design plans. Where plans show any alternatives, indicate alternative actually used.
(2) Storm sewers:
a. Invert elevations and percents of slope;
b. Top of casting elevations;
c. Location of pipe and structures (to make sure they are within designated easements); and
d. Designate any material change from design plans. Where plans show any alternatives, indicate alternate actually used.
(3) Streets:
a. Grades;
b. All low and high points;
c. All percents of slope;
d. Any deviation of alignment; and
e. Grades and dimensions on acceleration and deceleration lanes if applicable.
(g) Landscape plan. A landscape plan prepared to the standards specified in § 7.8;
(h) Master sign plan. A sign plan prepared to the standards specified in § 7.7;
(i) Lighting plan. A photometric plan prepared to the standards as specified in § 7.15;
(j) Plat-like dedication sheet, if necessary. The following information shall be submitted for easements and rights-of-way if deemed necessary by the Plan Commission or its authorized designee:
(1) Parcels of land proposed to be dedicated or reserved for public use, or reserved for common use of all property owners within the project, with the proposed conditions and maintenance requirements, if any, shall be designated as such and clearly labeled on the plans;
(2) Radii, internal angles, points of curvature; tangent bearings and lengths of all arcs, chord and chord bearings; and
(3) Accurate location of all survey monuments erected, corners and other points established in the field in their proper places.
(k) Other required submittals. The applicant shall be required to submit written documentation of the following, when applicable:
(1) Utility encroachment approvals;
(2) City Stormwater Board approval;
(3) County Drainage Board approval;
(4) Other local, state and federal approvals, including other city boards, commissions or departments;
(5) Inspection and testing agreements with the Board of Works and Safety;
(6) Outside reviews as required by the city; and
(7) Easements and rights-of-way not on a plat-like document shall be submitted in the form prescribed by the Board of Public Works and Safety and include both a full legal description and a drawing exhibit.
(D) Technical Assistance Committee (TAC) review.
(1) The applicant shall refer to the application packet to determine the procedures regarding Technical Assistance Committee.
(2) The applicant shall refer to the schedule of meeting dates to determine the filing deadline for any given meeting of the TAC.
(3) Incomplete submittals may result in the application’s being held off the TAC agenda to complete the submittal.
(4) The petitioner or his or her representative should be present at the TAC meeting to address and discuss comments and concerns posed by the committee members. Failure to appear may result in the application’s being continued to the TAC agenda for the following month.
(5) Revisions. Following TAC review, the petitioner shall submit the required number of complete sets that respond to the TAC’s comments and concerns. Final revised plans shall be submitted at least ten-working days prior to moving on to the next phase or the issuance of applicable permits. All final plans shall include digital files in the necessary format to meet the city’s computer system requirements.
(E) Rejection statement. The Administrator may reject any submittal for the following reasons:
(1) Incomplete application;
(2) The drawing set or supporting documents not complete nor stapled; or
(3) Poor legibility.
(F) Plan Commission action on development plans.
(1) The Plan Commission shall review a development plan to determine if the development plan:
(a) Is consistent with the comprehensive plan; and
(b) Satisfies the development requirements specified in the unified development ordinance.
(2) The Plan Commission may do the following:
(a) Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the unified development ordinance for approval of the development plan;
(b) Condition the approval of a development plan upon furnishing to the Plan Commission a bond or written assurance:
(1) Guaranteeing the timely completion of public improvements in the proposed development; and
(2) Is satisfactory to the Plan Commission.
(c) Deny the development plan because it does not comply with one or more requirements of the unified development ordinance or with variances expressly granted by the Board of Zoning Appeals.
(G) Deviation from the approved development plan.
(1) If the installation of the elements on the development plan materially deviate from the approved development plan (as determined by the Administrator), the site plan shall be resubmitted to the Plan Commission for a new development plan approval in accordance with the procedures and requirements for development plan approval. For the purposes of this section, material deviation is one that:
(a) Adds, removes or reconfigures an internal street or relocates an access point;
(b) Affects a condition of development plan approval that was established by the Commission during the development plan approval stage;
(c) Reduces the area devoted to open spaces or buffer landscaping;
(d) Would require a waiver of the requirements and standards of these regulations or would negate the basis for a modification that was granted; or
(e) Involves the enlargement of a nonresidential building footprint on the site due to future additions that are more than 10% of the gross floor area or 5,000 square feet, whichever is less.
(2) Minor changes that do not constitute material deviation shall be reviewed and approved by the Administrator staff.
(H) Financial assurances. The city reserves the right to require financial assurances to guarantee construction according to plans of all public improvements proposed in a development plan and for certain private improvements, including, but not limited to, site grading, drainage improvements, erosion control, sanitary sewers, private streets, landscaping and buffering or other improvements which may directly impact adjacent properties or the health, safety or welfare of the general public. These assurances of performance shall be in an amount and form as prescribed by the city. Maintenance bonds shall be required for public improvements. Public improvements shall be dedicated within two years of the date of Plan Commission approval unless time extensions are granted by the city. If public improvements are not dedicated within two years, the city may take any action deemed necessary to ensure completion to a point of dedication.
(I) Record drawings and certificate of completion and compliance.
(1) Generally. The developer or owner shall cause record drawings to be prepared and submitted to the Administrator for all streets, drainage ditches and facilities, utility pipes and structures and finished grade elevations for the project. The record drawings shall be filed with the Administrator prior to the release of any performance assurances. The recorded drawings/plans shall be accompanied by a certificate of completion and compliance properly executed in the form prescribed by the Commission by the licensed engineer or surveyor preparing the development plan and/or record drawings. Record drawings, including the approved final plat shall be submitted on the forms specified by the Plan Commission.
(2) General requirements. Plans are to contain a certification statement that the improvements have been installed in reasonable compliance with the original design plans with respect to horizontal locations and grades and any deviations of locations, grade or material used are shown in these record drawings. The certification is to be sealed and signed.
(J) Expiration deadlines.
(1) Approval of development plans shall expire two years from the date of Plan Commission approval if necessary land improvements have not been completed. The Plan Commission, at its discretion, may grant extensions for a period up to two years.
(2) Bonded improvements must be completed within two years of issuance of development plan approval.
(3) Request for extension must be submitted in writing stating the justification for the extension.
(Ord. 07-16, passed 12-10-2007; Ord. 2009-04, passed 4-13-2009)
(A) Purpose and intent. The purpose of this section is to guide the applicant through the proper procedures in order to subdivide land and obtain plat approval in accordance with the State Code.
(B) Plat approval authority. The Plan Commission shall have exclusive control over the approval of plats and replats of land within the corporate limits of the city. The Plan Commission shall address and approve administrative subdivisions, minor subdivisions and major subdivisions of land. The Plan Commission may delegate approval of minor plats, secondary plats and administrative subdivisions to the Plat Committee.
(C) Adoption and jurisdiction. The Plan Commission hereby recommends to the Common Council this ordinance containing provisions for subdivision control, which ordinance shall be adopted, amended or repealed in the same manner as other sections of the unified development ordinance.
(D) Condominiums. The subdivision control ordinance does not apply to condominiums regulated by I.C. 32-25.
(E) Plat Committee established. The Plan Commission may establish a Plat Committee to review and decide petitions for minor plats, secondary plats and administrative subdivisions.
(1) Membership. Committee membership shall be divided into two classes.
(a) Official members. Official members shall consist of three or five members. One of the members shall be a staff member representing the city and the remaining members shall be members of the Plan Commission who are not otherwise employed by the city, its subdivisions or instrumentalities.
(b) Ex officio members. Ex officio members shall be the Technical Assistance Committee (TAC).
(2) Appointment. Each member shall be appointed by the Plan Commission for one year.
(3) Removal. The Commission may remove a member from the committee upon mailing written reasons for removal to the member.
(4) Decisions. The committee may take action only upon a majority vote. In the event of any uncertainty as to compliance or classification of any subdivision, the Plat Committee shall forward the subdivision to the Plan Commission for consideration.
(5) Voting. Only official members of the Plat Committee shall be entitled to vote on matters requiring official action by the Plat Committee.
(6) Meetings. The Plat Committee shall meet at least as often as once each calendar month but not more than once per calendar week.
(F) Improvement credit procedure for improvements involving benefits to others. Improvements set forth in Chapter 8 which are required to be installed by the subdivider and are of a public utility nature, may provide benefits to other properties in the vicinity of the land to be subdivided. Upon the installation of improvements which cross or adjoin other properties and can be used by the properties, the subdivider and the city may by contract agree that upon the connection or use of the installation made by the subdivider by another within a period of ten years following their installation, the new user(s) shall pay a fee to the city in an amount agreed upon by the subdivider and the city, the amount of the fee to be credited to and paid to the subdivider.
(G) Applications.
(1) The applicant (subdivider) shall submit a written application for approval of the overall primary plat to the Administrator. Subsequent to the approval of the overall primary plat, an applicant shall submit an application for a secondary plat. These applications shall be prepared on the forms provided by the Administrator and accompanied by the information, requirements and plans set forth in accordance with the requirements of this ordinance.
(2) The applications shall be accompanied by a check or money order made payable to the city in an amount determined by the schedule of fees, available in the office of the City Clerk-Treasurer.
(3) No part of any filing fees shall be returnable to the applicant.
(4) For applications requiring review by the Technical Assistance Committee, the required application forms and fees shall be submitted prior to scheduling a meeting with the Committee.
(Ord. 07-16, passed 12-10-2007)
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