§ 153.143 PRIVATE STREETS.

   (A)   Private street rights-of-way and pavements in a planned development shall be constructed in conformity with the minimum street specifications prescribed by Title III of the Comprehensive Plan, except as otherwise modified by the Commission or Hearing Officer as part of the land use or by the Commission in a plat. Exceptions must take account of the street circulation system shown in the development plan. Pavement width may not be less than that required by the appropriate participating jurisdiction.

   (B)   At or near the entrance of each private street not dedicated as a public street, the applicant or the private organization shall maintain a signpost carrying a sign, having an area of at least 15 inches by 21 inches, on which is printed and clearly legible in at least two-inch letters the name of the private street and the words “PRIVATE STREET” and in at least one- inch letters the words “NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE PUBLIC.” The material on the sign shall be arranged substantially as follows:

   (NAME OF STREET)
   PRIVATE STREET
   NOT DEDICATED FOR PUBLIC USE
   OR MAINTAINED BY THE PUBLIC

   (C)   Private streets shall be maintained by the owners, or by the private organizations, so that fire, police, health, school, or sanitation vehicles and public utility vehicles have adequate access. Adequate access includes an adequate turning area.

(1985 Code, § 36-7-4-600(8.8))

§ 153.144 COVENANTS.

   When required by the Commission or Hearing Officer, covenants must include at least the following provisions satisfactory to the Commission.

   (A)   Adequate provision for an organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of any common facilities jointly shared by those owners.

   (B)   A financial guarantee:

      (1)   That satisfactory maintenance will be provided for any common facilities in accordance with standards prescribed by the property owner’s organization and set forth in the covenants; and

      (2)   That the facilities will be operated and maintained at no expense to the city or any other governmental unit as may be applicable.

(1985 Code, § 36-7-4-600(8.9))

§ 153.145 DETAILED DEVELOPMENT PLAN.

   Within two years and prior to any improvement location permit being issued, the petitioner shall file a detailed development plan for each land use development plan for each land use development area (bubble) designated by the land use plan.

   (A)   The purpose of the development plan is to enable the Department to make a finding that the proposed development is in conformity with the intent and provisions of the conditions and requirements of the secondary review and to guide the Director in the issuance of permits. The site plan shall be drawn to scale and shall indicate clearly and with full dimensioning the following information:

      (1)   Lot dimensions, where applicable;

      (2)   All buildings and structures: locations, elevations, size, height, proposed use;

      (3)   Yards and distances between buildings;

      (4)   Walls and fences: location, height and materials;

      (5)   Off-street parking: location, number and size of spaces and dimensions of parking area, internal circulation pattern;

      (6)   Access: pedestrian, vehicular, service: points of ingress and egress, internal circulation;

      (7)   Signs: location, dimensions, number of spaces, internal circulation;

      (8)   Loading: location, dimensions, number of spaces, internal circulation;

      (9)   Lighting: location and general nature, dimension;

      (10)   Common facilities and open spaces: location, dimensions;

      (11)   Public and private roads: location, dimensions, circulation;

      (12)   Sewage and drainage: with evidence of a satisfactory means of sewage disposal and surface drainage, to be reviewed by the Utilities Engineer and approved by the City Engineer and City Planning Director; (See §§ 52.105, 152.115, and 152.116)

      (13)   Fire hydrants: location (if provided);

      (14)   Screening, vegetation, fencing or buffering.

   (B)   The Director shall review each administratively and make written findings as to compliance with the land use plan and conditions or commitments imposed and the terms of the Advisory Zoning Ordinance.

(1985 Code, § 36-7-4-600(8.10)) (Am. Ord. 19-2005, passed 7-5-2005)

IMPROVEMENT LOCATION PERMITS

§ 153.160 APPLICABILITY.

   (A)   No special exception may be granted, and no other change in the use of land that involved a change in any structure on or in any land or in the condition of the land may be made unless the Zoning Administrator, on application, issues an improvement location permit authorizing the change. However, permits shall not be required for agricultural building and uses, except those buildings used in farm confinement feeding operations; provided, however, that agricultural buildings shall be subject to the setback requirements as specified in the applicable districts.

   (B)   The filing documents for an improvement location permit shall be submitted 30 days prior to the next scheduled meeting of the technical review committee along with the fee amount set forth in the fee schedule adopted by the Commission. That amount shall be deposited in the City General Funds. The Plan Commission will hold a technical review meeting. The petitioner or his or her agent(s) are encouraged to come to the meeting.

   (C)   The provisions of this chapter are supplemental to and do not abrogate the powers extended to agencies, bureaus, departments, Commissions, divisions or officials of the state or federal governments by state or federal statutes.

   (D)   Work shall commence on each improvement approved on any ILP within one year from the date of issue. If no process is made during that year, or any subsequent year, the permit shall be considered void and a new permit shall be required for reinitiation of the work.

   (E)   The ILP shall expire two years from date of issuance.

(1985 Code, § 36-7-4-600(9.1)) (Am. Ord. 19-2005, passed 7-5-2005)