(A) Overview. No mobile home shall be located or altered, or land used, nor shall any use permit be issued thereof, unless and until the RMH District and necessary mobile home park plans are officially approved by the Area Plan Commissioner. All mobile homes shall be located and maintained in full conformity with the mobile home park site plans as approved for each RMH District. In addition to compliance with the requirements set forth here in and in conformity with all applicable ordinances and laws of the State of Indiana, each mobile home park shall also meet the requirements provided by the Indiana Mobile Home Parks Act of 1955 and all amendments thereto; and the Indiana State Board of Health Regulations and all amendments thereto.
(B) Preliminary site plan. A person desiring the approval of a mobile home park shall submit to the Area Plan Commission a preliminary site plan. The preliminary site plan shall be drawn at a scale of not less than 100 feet to one inch on a sheet 24 by 36 inches, except that, when the drawing at that scale requires more than two sheets, the site plan may then be drawn at a scale of 200 feet to one inch; and shall contain the following information.
(1) Description:
(a) Proposed name of the mobile home park.
(b) A legal description showing the park location.
(c) Name and address of property owners.
(d) Graphic scale, north point and date.
(2) Existing conditions:
(a) Boundary line of proposed park indicated by solid heavy line.
(b) Location, width and names of all existing streets or other public ways, railroads and utility rights-of-way, permanent buildings or structures, sections and municipal corporation lines within or adjacent to the tract.
(c) Location of existing sewers, water mains, culverts or other underground facilities, indicating pipe sizes and grades, within and adjoining to the proposed park.
(d) Boundary lines of adjacent land, showing adjoining streets, easements and owner’s name.
(e) Existing and proposed topography, contour interval not to exceed five feet, except where such interval is impractical.
(f) In the case of a revised site plan, all descriptive lines of the original site plan being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plan, the new site plan being clearly shown in solid lines so as to avoid ambiguity and confusion.
(3) Proposed conditions.
(a) Layout of streets, their names and width and also the width of alleys, walkways and easements.
1. The names of streets shall conform as far as practicable to names of corresponding streets existing in the vicinity of the mobile home park.
2. The name of a new street, not an extension or correspondence to an existing street, shall not duplicate or be similar to that of any existing street in the city, town, or county.
(b) The location of all ingress and egress points with their corresponding dimensions.
(c) Layout, dimensions and number of mobile home sites.
(d) Parcels of land to be dedicated or reserved for public use.
(e) Building setback lines showing dimensions for the tract and all lots.
(f) Location site of recreational areas, commercial, and service facilities, parking areas, other structures, driveways, landscaping, street lights, fire hydrants, signs and sewer, water and storm drain facilities within the park.
(C) Approval of the preliminary site plan.
(1) A public hearing shall be held in accordance with the administrative rules of the Area Plan Commission.
(2) Plan Commission action. After the public hearing, the Area Plan Commission may give its approval to the preliminary site plan. Such approval shall be governed by the following qualifications:
(a) The approval of a preliminary site plan by the Area Plan Commission indicates the general acceptability of the layout as submitted;
(b) The Area Plan Commission may introduce such changes or revisions as deemed necessary in the interests and heeds of the community;
(c) Preliminary approval shall be effective for a maximum period of three months. The Area Plan Commission may, provided good cause is shown and upon application, grant one extension for a period of 30 days; such application for extension shall be filed with the Plan Commission ten days prior to the expiration of the aforesaid three month period. If the final site plan has not been approved within this time, the preliminary site plan must again be submitted to the Plan Commission for approval;
(d) Any person feeling himself aggrieved by any action of the Area Plan Commission upon any proposed site plan, may apply in writing to the Area Plan Commission prior to its next meeting for modification of such action; and
(e) If the Area Plan Commission disapproves the site plan, it shall set forth its reasons in its own records and provide the applicant with a copy.
(D) Approval of final site plan. After the approval of the preliminary site plan by the Area Plan Commission and the fulfillment of the requirements of these regulations:
(1) The final site plan must be submitted in the form of an original tracing with waterproof ink on standard tracing cloth or approved equivalent and three prints thereof, shall be submitted to the Commission. The final site plan so submitted may include the entire area of the preliminary site plan as approved or such portions of it which shall provide consecutive development units. The final site plan shall be prepared at the same scale as the preliminary site plan as approved or such portions of it which will provide consecutive development units, and shall contain that information provided in the preliminary site plan. All final site plans shall be prepared by a registered engineer or land surveyor duly registered to practice in the State of Indiana with his seal affixed thereto and must have certification endorsed thereon, by the City (or Town) Engineer and the City (or Town) Street and Sewer Commissioner or County Highway Engineer (or County Commissioners) and the County Surveyor (or County Commissioners) that all streets, sidewalks, curbs, gutters, sanitary and storm drainage facilities meet current City, Town or County standards as to such facilities.
(2) The final site plan shall be acted upon at the first meeting of the Area Plan Commission following its submission, provided such plan has previously received preliminary approval, and provided the final site plan is submitted to the Director of the Area Plan Commission not less than 72 hours prior to such meeting. If the Area Plan Commission approves the final site plan, it shall affix the Commission’s seal upon the site plan together with the certifying signature of its President and Secretary.
(3) If the Area Plan Commission disapproves the final site plan, it shall set forth its reasons in its own records and provide the applicant with a copy.
(4) Upon approval of the final site plan by the Area Plan Commission, the applicant shall pay the designated fee by check or money order payable to the Area Plan Commission.
(5) All final site plans shall be recorded in the Office of the Recorder of Posey County, Indiana. Final site plan approval shall not become effective for the purposes of recording the site plan or action by the applicable local legislative body on the acceptance of streets until the Executive Director executes the site plan release.
(E) Site plan release. The Executive Director shall execute the site plan release upon certification by the appropriate local legislative body that is has received and has approved one of the following:
(1) A certificate submitted by the property owner and approved by the City (or Town) Engineer and the City/Town Street and Sewer Commissioner or by the County Highway Engineer (or County Commissioners) and the County Surveyor (or County Commissioners) stating that all improvements and installations in the mobile home park required for its approval have been made or installed in accordance with the requirements of this chapter; or
(2) A bond which shall:
(a) Run to the local legislative body;
(b) Be in the amount to complete the improvements and installations in compliance with the ordinance;
(c) Be with surety satisfactory to the local legislative body; and
(d) Specify the time for completion of the improvements and installations;
(3) Or, in the event the property owner has not received the certificate from local legislative body that the improvements and installations to the mobile home park have been made, and in the event the property owner elects not to furnish the bond required in (b) immediately preceding this subsection, then the Executive Director of the Commission may execute the plat release if he finds that all other matters comply with the general requirements of this chapter, and shall cause to be stamped or printed on the plat the following:
“Street, road and other minimum improvements have not been made and the public is notified that the City, Town or County will not accept the same for maintenance until owners of the various lots herein improve the same up to said minimum standards.”
(F) Final site plan forms. The following forms shall be used in the final site plan:
(1) Certificate.
UNDER AUTHORITY PROVIDED BY ORDINANCE ADOPTED BY THE APPLICABLE LOCAL LEGISLATIVE BODY IN POSEY COUNTY, INDIANA. THIS SITE PLAN WAS GIVEN FINAL APPROVAL BY THE AREA PLAN COMMISSION OF POSEY COUNTY AS FOLLOWS: Approved by the Area Plan Commission of Posey County at a meeting held
. President Secretary Date Plat Release |
(2) Engineer’s certificate.
I,
, hereby certify that I am a professional engineer/land surveyor licensed in compliance with the laws of the State of Indiana; that the site plan correctly represents a survey completed by me on insert date; that all monuments shown thereon actually exist; and that their location, size, type and material are accurately shown. SEAL AND NUMBER Signature |
(3) Owner’s certificate (dedication).
The undersigned (names), owner(s) of the real estate shown and described herein, do hereby certify that I (we) have laid off and platted, and do hereby lay off and plat said real estate in accordance with the site plan. The mobile home park shall be known and designated as (name). All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public. Front and side yard building setback lines are hereby established as shown on the plat; between which lines and the property lines of the streets, there shall be erected or maintained no buildings or structure or mobile homes. There are strips of land (number) feet in width shown on this plat and marked easements reserved for the use of public utilities for the installation of water, sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No structures, buildings or mobile homes are to be erected or maintained upon said strips of land. (Additional dedications and protective covenants, or private restrictions, would be inserted here upon the property owner’s initiative.) Signature |
(4) Owner’s certificate (no dedication).
If said mobile home park site plan contains no dedication to the public, streets or utilities; or should it be contemplated that the facilities of the applicable local jurisdiction shall not be used for maintenance of streets and sidewalks, then such owner shall be required to record with such mobile home site plan, a covenant that he will maintain said streets and sidewalks in compliance with the minimum standards as established by the applicable local jurisdiction, and that should he fail to maintain such standards in any of these respects, the applicable local jurisdiction may, after ten (10) days notice to such owners, effect all the necessary repairs or improvements as required to maintain said minimum standards, and the cost of all these and said necessary repairs or improvements shall become a lien against said real estate; and enforced and recorded as mechanic’s liens are enforced and recorded, against such real estate; and said covenant shall contain the following provision: That (name), being the owner(s) of the real estate contained in the above attached mobile home park site plan do hereby consent that if they or their assignees, heirs or those holding or owning said land through said owner(s) fail to maintain the streets and sidewalks according to and in compliance with the minimum standards for the maintenance of streets and sidewalks established by the applicable local jurisdiction, that after ten (10) days notice in writing to the owner of said real estate as shown upon the tax records in the Treasurer’s Office of Posey County and at the address shown thereon, then said owner, assignees, heirs and those holding or owning through said owner(s) hereby authorize the applicable local jurisdiction to make all necessary repairs and perform all necessary maintenance and further authorize said applicable local jurisdiction to file a mechanic’s lien against said real estate and enforce said lien pursuant to applicable laws. |
(Ord. 12-16, passed 8-8-12)