(A) The Town Clerk-Treasurer shall accept emergency permit applications pursuant to IC 36-1-29(10) for the repair of an existing seawall or revetment or the construction of a new seawall or revetment on property owned by the permit applicant only if such application is:
(1) Clearly marked on the cover page as an “EMERGENCY PERMIT APPLICATION”;
(2) Submitted in both:
(a) Electronic form via email to the Town Clerk-Treasurer; and
(b) Seven hard copies to the Clerk-Treasurer in person during business hours; and
(3) Accompanied by payment of the required permit application fee and required deposits (see § 154.205(A)(1) - (4)).
(B) Upon receipt of a emergency permit application clearly marked as such in accordance with the requirements of this section along with the deposit required by division (A) above, the Town Clerk-Treasurer or the Clerk-Treasurer’s designee shall immediately:
(1) Notify the Building Commission of the submission so that the Town Clerk-Treasurer or the Clerk-Treasurer’s designee can provide notice to town residents and homeowners within 24 hours of the submission by posting the emergency permit application and all materials submitted with it on the town’s website and providing a link to the application to all subscribers to the town’s “news and events” email list maintained by the Clerk-Treasurer’s office; and
(2) Forward the emergency permit application and all materials submitted with it to the Building Commissioner (or his designee) and all other members of the Building Commission.
(C) Upon receipt of a complete and properly marked emergency permit application from the Town Clerk-Treasurer, the Building Commissioner (or his or her designee) shall promptly make initial determinations of the following and forward such determinations to the Building Commission:
(1) Whether the application includes information and evidence demonstrating that an “emergency” situation exists pursuant to the factors stated in the definition of “emergency” in § 154.201; and
(2) Whether the permit application is complete, i.e., contains the required information and evidence addressing compliance with each applicable provision of this subchapter and each other applicable town ordinances as well as IC 14-26-2.1 et seq.
(D) If the Building Commissioner determines that an application demonstrates an emergency and the application is complete pursuant to division (A) above, the Building Commission shall, within ten business days, hold a Building Commission meeting and, unless it is determined at such meeting by the Building Commission that no such valid emergency exists, make a final determination to approve or deny the emergency permit application in accordance with the requirements of this subchapter.
(E) Unless the Building Commission finds adequate evidence to concur in determinations of the Building Commissioner and also finds that the requirements of this subchapter are met, the Building Commission shall, within the ten business days set forth in division (D) above, deny the emergency permit application.
(F) Pursuant to IC 36-1-29(15), the permit applicant may submit not more than one completed reapplication for an emergency repair or construction of a seawall or revetment that lists reasons why the Building Commission should approve its application. The provisions of divisions (A) through (E) above shall govern the review of such reapplication.
(G) If the Building Commission overrules the Building Commissioner and determines that the situation is not an emergency, the permit application will be treated as nonemergency application.
(Ord. 2021-13, passed 9-13-21)