(A) Requirements.
(1) Any property owner desiring to install a protection structure within the town shall first apply for a protection structure permit prior to beginning construction.
(2) Application shall be made to the Town Building Commission.
(3) A review fee of $500 shall be due and payable at the time the application is submitted for review. The payment of the application fee does not guarantee issuance of a protection structure permit and the fee is nonrefundable.
(4) A deposit of $10,000 shall also be payable at the time of application which shall be used to pay for the review and approval process performed by the town’s coastal engineer, delineation consultant, and/or structural engineer as determined necessary by the Building Commission. If the town’s expense is less than the $10,000 deposit, the balance will be refunded. The property owner shall be responsible for any expense in excess of the $10,000 deposit for a coastal engineer, delineation consultant, and/or structural engineer retained by the town, and the excess shall be payable by the property owner to the town prior to the issuance of any permit. The property owner shall be responsible for all fees of the property owner’s chosen coastal engineer, delineation consultant, and/or structural engineer. The coastal engineer, delineation consultant, and/or structural engineer shall be chosen from a list approved by the town and available from the Building Commission.
(5) Forms and related materials for the protection structure application shall be available from the town’s Building Commission.
(6) All applications must include:
(a) An original and eight copies of scale drawing(s), including topography elevations certified by a licensed Indiana surveyor and site photographs of the zoning lot certified by a Coastal Engineer that provide accurate and complete information;
(b) A site plan and dimensions of the zoning lot. At minimum, the site plan must show existing structures, the dimensions of the property, the length and location of the proposed protection structure, all setbacks, the 106.6 foot line, the Army Corps of Engineers’ jurisdictional line, and the NOHWM. The NOHWM location is to be certified on the site plan by the property owner’s surveyor and must conform with the determination by applicant’s town approved delineation consultant. However, if the Building Commission in its sole discretion finds that the Army Corps of Engineers’ elevation is outdated because of lake level changes or expiration of the elevation since the last formal determination, the applicant shall be required to obtain an updated delineation from the Army Corps of Engineers if required in conformance with its standard and this shall be at the property owner’s expense in accordance with this section;
(c) Soil boring are preferred and recommended but not required. If obtained, the soil borings report performed by a state licensed soil engineer and plans certified by a structural engineer shall be submitted;
(d) Identification of the applicant’s coastal engineer, delineation consultant, and licensed contractor registered with the town who will be installing or otherwise constructing the protection structure, a statement of their respective experience and qualifications to delineate the NOHWM and to design and construct the proposed protection structure within the Coastal Zone, and a certification that each has read and will comply with this subchapter must be submitted with the application;
(e) All drawings must be drawn utilizing an industry standard engineering scale; and
(f) The distance of the proposed protection structure to any other existing protection structures on adjoining lots must be shown on the plans.
(B) Review standards. Each applicant for the installation, construction or repair of a protection structure is required to demonstrate:
(1) The proposed protection structure has been designed to minimize erosion and other adverse impacts on other properties and the public trust and lands while simultaneously protecting the subject property.
(2) The proposed protection structure involves the minimum shore hardening necessary to provide for the level of protection necessary to achieve the purpose and intent of this subchapter.
(3) Access to the lakeshore and public trust lands at town beach stops is not adversely affected.
(4) The applicant’s protection structure will not encroach on any neighboring private or public property or any conservation, drainage, utility, or any other easements of record.
(5) The protection structure is the alternative or option least likely to cause: a measurable increase in erosion, including lakebed erosion at the development site or at other locations along the shoreline of the Coastal Zone and/or adverse effects upon natural protective features, existing erosion protection structures, and natural resources, such as significant wildlife habitats, including the transport of sand known as littoral flow.
(6) All installations of a seawall are to comply with the Steep Slope Resolution #301 of the Town of Long Beach. The slope shall be measured at its steepest point and is not measured as the average slope of the lot.
(C) Additional requirements.
(1) The proposed protection structure must have reasonable probability of minimizing erosion on the immediate and adjacent properties for a minimum of 30 years.
(2) A long-term maintenance plan developed by a coastal engineer including specifications regarding how to maintain the integrity of the structure, shoreline and neighboring property. Same shall be recorded as a restriction and condition on the subject property to run with the land in perpetuity upon approval of the application.
(3) All necessary permits or other authorizations required by other local, state, and federal authorities, including, but not limited to, the Indiana Department of Natural Resources, Indiana Department of Environmental Management, U.S. Army Corps of Engineers, and FEMA must be secured.
(D) Applications shall be reviewed and processed by the Building Commission in accordance with the provisions of this subchapter.
(E) After approval of the Building Commission, the town may issue a permit for the proposed protection structure.
(Ord. 2018-04, passed 8-13-18; Am. Ord. 2021-13, passed 9-13-21)