(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)