(A) This chapter is enacted to preserve the natural terrain and contours, to regulate and control drainage and the blowing of sand, to prevent erosion and to protect adjacent property and town property from damage resulting from land disturbing activities such as, but not limited to, the excavation of sand, installation of seawalls and construction of retaining walls.
(B) Prior to issuance of a building permit and in addition to all other building permit requirements a plan for managing a land disturbing activity shall be submitted to the Building Commission. Applications for any such permit shall include the following:
(1) A general description of streets, highways or other landmarks in the immediate area surrounding the proposed land disturbing activity;
(2) A description of what shall be done to the zoning lot property and all town right- of-way to adjacent to or abutting the zoning lot;
(3) An accurate estimate of the amount of sand or other natural or man-made material in cubic yards expected to be excavated, graded, filled or transported during the life of the permit;
(4) A statement explaining in detail the protection and precautionary methods to be employed by the applicant to prevent the natural or man-made material from blowing over or spilling upon other private or public property in the immediate area of the project; and
(5) The manner in which a retaining wall or seawall is to be installed and the method for monitoring the installation. The Building Commission and the Town Engineer shall specify shore protection requirements based on site location and potential impact to natural landforms and man-made structures and reserves the right to specify the materials and construction methods.
(C) Permit conditions. The Building Commission may impose any specifications or special conditions in the granting of a land disturbing activity permit, that may be required for the protection of public health, safety and welfare. Any specifications or special conditions shall be in writing and shall be attached to the permit itself and shall be a part of the permit granted.
(1) The applicant shall be required to post a liability bond, performance or surety bond payable to, and satisfactory to, the town, recorded with the Laporte County Recorder's office prior to the issuance of any permit. A cash escrow or other such legal arrangement, as approved by the Town of Long Beach, may be used. The amount of the bond for each applicant shall be $5,000. Any excess amount deemed necessary based on the project shall be recommended by the Building Commission and approved by the Long Beach Town Council.
(2) In the event of damage to town property in the immediate area of excavation or fill site, and upon the recommendation of the Long Beach Building Commission, the Town Council is authorized to declare a forfeiture of the bond or other financial arrangement posted by the applicant and collect the amount of damages for payment to the damaged party.
(Ord. 2018-02, passed 3-12-18)