(A) Earth changes and alteration of topography. It is a goal of the town to retain the current dune topography to the maximum extent possible and require developers of zoning lots to plan the development of the zoning lot so as to minimize changes in topography. Therefore, a building permit is required to modify the topography of any zoning lot from its current condition. All applicants for a building permit shall be required to submit a topographic survey, signed by an Indiana Registered Surveyor, showing the existing topography of the zoning lot and proposed final topography of the zoning lot. In granting a permit, the Building Commission shall consider and make the following determinations:
(1) The planning and design of the of all structures, revetments, retaining walls and the like are designed to minimize the amount of topographic change of the zoning lot necessary for the construction of the proposed buildings and structures;
(2) The level and shape of all finish grading will complement the natural contour of the zoning lot and all abutting lots and rights-of-way;
(3) Proposed landscaped areas will complement the natural contour of the zoning lot and all abutting lots and rights-of-way;
(4) Proposed changes of topography minimize disruption of existing plants and/or ground cover on the zoning lot and all abutting zoning lots; and
(5) Proposed changes of topography provide for adequate fire safety access as determined by the Town of Long Beach Fire Chief.
(B) Steep slope excavation and construction. The Building Commission may require an engineering study before a building permit will be issued for excavation and/or construction on any lot that has a slope steeper than 34° in the immediate area on which any such excavation and/or construction will occur. Notwithstanding the forgoing provision, this requirement shall apply to stairs or decks built into a steep slope but not those built above or over a steep slope. The building permit shall be subject to or conditioned upon the following additional requirements:
(1) Any required MS4 permits, approvals, and/or waivers.
(2) The building permit shall specifically require that the recommendations of the engineering study be followed.
(3) The engineering individual, firm, or corporation providing the study also be responsible to monitor the excavation and construction until completion;
(4) The engineering individual, firm, or corporation shall provide the Building Commission with weekly progress reports regarding excavation and/or construction as it relates to the engineering study;
(5) The engineering study and other engineering services required shall be provided by an Indiana registered professional geotechnical engineer.
(6) All such engineering studies and reports shall be evaluated on behalf of the town by a licensed Indiana registered professional geotechnical engineer or engineering firm of its choosing.
(7) Any and all expenses incurred by the licensed Indiana professional geotechnical engineering firm or person chosen by and acting on behalf of the town as well as the engineer individual, firm, or corporation acting on behalf of the property owner, shall be borne by the property owner.
(8) The contractor shall be required to secure and maintain an insurance policy with a minimum combined single limit coverage of at least $1,000,000, for the purposes of insuring the interests of the town, the property owner, contractor, and adjacent or other affected property owners, subject to the approval of the Long Beach Building Commission. Within the sound and reasonable discretion of the Building Commission, coverage may be required in an amount in excess of $1,000,000.
(Ord. 0203, passed 6-10-02; Am. Ord. 2022-13, passed 12-12-22) Penalty, see § 154.999