(3)   The Building Commissioner shall not undertake any of the duties in division (B) above in which he or she has a direct or indirect financial interest, where a family member is involved, where the Building Commissioner would review or approve his or her own work performed for any person other than the town, or where it is otherwise necessary for the Building Commissioner to recuse himself or herself. For purposes of this section, the “his or her own work” includes, but is not limited to, services performed by his or her partners, employees, employer, company, firm, partnership, and associates.

      (4)   In a like case, the Building Committee shall select 1 of its members as temporary Building Commissioner for the purposes of the case, and in an appropriate case the Town Council may appoint the temporary Building Commissioner.

(Ord. 208, passed 12-19-1983; Am. Ord. 2018-03, passed 5-15-2018)

   (A)   There is hereby created and continued in the Town of Beverly Shores a Building Committee which shall consist of 5 members appointed by the Town Council, 1 of whom may be the Building Commissioner.

   (B)   (1)   The Building Committee shall advise and assist the Building Commissioner in carrying out his or her duties under this chapter. An affirmative vote of the majority of the Committee shall either approve, request further information, or disapprove applications for building permits regarding any building, structure, excavation, or filling.

      (2)   The Building Commissioner may act on his or her own authority in approving building permits for improvements of a "limited scope", for additions or garages, or other improvements such as screen porches, decks, sheds, window replacement and remodeling or may, in the discretion of the Building Commissioner, refer applications to the Building Committee for limited scope improvements. For purposes of this section LIMITED SCOPE IMPROVEMENTS shall mean additions or garages of less than 250 square feet and only minor site excavation, i.e., hand digging. Any building permit issued by the Building Commissioner on his or her own shall be presented to the Building Committee at the next meeting of the Building Committee. Once an application has been referred to the Building Committee, any further action on the application shall be by majority vote of the Committee.

   (C)   (1)   The qualifications for 3 of the additional members of the Building Committee shall be the same as for the Building Commissioner as specified in § 155.025(C), and the other 2 members shall be appointed by the Town Council under their jurisdiction.

      (2)   A member of the Building Committee may not participate in any matter considered by the Committee in which he or she has a direct or indirect financial interest, where a member may have a family member involved or where a member should otherwise recuse themselves.

      (3)   The Committee shall enter in its records the fact that the member is disqualified under § 155.025(C) and/or this division to participate as a member of the Committee in the deliberation and vote upon the particular aforementioned matter.

(Ord. 208, passed 12-19-1983; Am. Ord. 11-24, passed 11-21-2011; Am. Ord. 2012-08, passed 9-17-2012; Am. Ord. 2018-03, passed 5-15-2018)

      (1)   There is hereby created and continued in the Town of Beverly Shores a Building Site Committee which shall be composed of the members of the Building Committee.

(Ord. 208, passed 12-19-1983; Am. Ord. 2012-08, passed 9-17-2012)

         (a)   Authorization, construction, alteration or abandonment of public ways, alleys, easements, public places, public structures or public utilities; and

         (b)   Authorization, acceptance or construction of water mains, sewers, connections, facilities or utilities.

(Ord. 208, passed 12-19-1983; Am. Ord. 2014-04, passed - -)

      (1)   Advising potential donors to investigate federal and state tax law procedures for obtaining tax deductions for their land donations;

      (2)   (a)    The Committee shall discuss with all potential land donors the benefits of allowing their donated land to be used as public parks in Beverly Shores, but shall not make park use a criterion for acceptance.

         (b)   If a potential donor requests that his or her land be designated as permanently protected green space rather than as public park land, and if the Committee agrees tbat the land should be accepted with that designation, the Committee shall make its recommendation to the Town Council that the land be accepted as permanently protected green space. As a part of its recommendation, the Committee shall advise the Town Council about land stewardship needs for the donated land.

      (3)   Regularly submitting recommendations, based on criteria that the Committee shall recommend to the Plan Commission for approval, to the Town Council for acceptance of donated land parcels;

      (4)   After Town Council approval, registering the land titles of donated property with the Porter County Recorder of Deeds;

      (5)   Ensuring the town's title to the property is valid and recorded with the Clerk-Treasurer; and

      (6)   Annually at the time of member appointment, the Town Council shall review the Committee's activities to assure that the Committee is properly conducting the business of the town in effectively acquiring and stewarding non-parklands owned by the town.

(Ord. 208, passed 12-19-1983; Am. Ord. 10-04, passed 6-21-2010)

(Ord. 208, passed 12-19-1983; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2021-09, passed 7-20-2021)

(Ord. 208, passed 12-19-1983; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2021-09, passed 7-20-2021) Penalty, see § 155.999

   (A)   The application for site plan approval shall be made upon a form prescribed by the Plan Commission and signed by the owner(s) attesting to the accuracy of all information supplied by the application.

   (B)   The following information is required:

      (1)   Name(s), address(es) and phone number(s) of legal owner(s) of the property;

      (2)   Legal description of the property;

      (3)   Copy of recorded deed for the property;

      (4)   Certified plat of survey no more than two years old in triplicate of the property by a registered Indiana land surveyor at a scale not more than one inch equals 20 feet indicating swales, ditches, flow line, top and toe of slopes and high point. Topographical contours shall be shown at two-foot intervals, all steep slopes shall be color coded or highlighted, as well as two established benchmarks at assumed elevation in cases where sea level elevation is not available. The topographical drawing shall also show:

         (a)   The placement and size of all existing trees more than eight inches in diameter, measured four feet above ground level. The site plan shall also show those trees more than eight inches, or as otherwise provided in § 155.064, in diameter that are proposed to be removed;

         (b)   Underground utilities on or within ten feet to the property;

         (c)   Overlay drawing of the topographical drawing showing the exterior dimensions of the foundation of any structure(s) and their placement on the property including setbacks from property lines and other structure(s) and the proposed topography upon completion of the proposed building(s) or structure(s) or additions or alterations thereto, including well (if applicable) and septic system, driveways, retaining walls, revetments and parking facilities;

         (d)   Upon completion of the project, an as-built topographic survey shall be filed with the Building Commissioner for comparison to the approved plan; and

         (e)   Indicate location of any active wells within 75 feet of proposed septic field, or provide a letter verifying that none exist.

      (5)   Three drawings to scale not more than 1 inch equals 20 feet upon which the relationship of the proposed building(s) or structure(s) or alteration or addition thereto to surrounding uses, the location of surrounding streets, walkways, rights-of-way, existing easements of record, parking facilities, access to the site and proposed location of septic systems and wells, if applicable, including wells, yard drains, septic tanks, drainage fields on adjacent properties and locating retaining walls, permanent fences, curbs, all driveways, parking and loading areas on the subject property and within 15 feet of the property line and on adjacent property;

      (6)   A plan, which contains a method of preventing erosion immediately after excavation of the site, a system for protecting excavated materials from erosion, and a method of restoration of disrupted areas;

      (7)   Drainage plan and specifications to provide adequate surface runoff in order to prevent increased runoff on surrounding property. These plans and specifications shall be prepared by an architect or engineer licensed in Indiana, Illinois, Michigan, Ohio or Wisconsin and are required to be certified by an architect or engineer licensed by the State of Indiana and certified by a soil scientist licensed by the State of Indiana;

      (8)   Receipt from the Michigan City Department of Water Works for the municipal water connection fee, and a receipt from the Town of Beverly Shores for the town tap-in fee (if applicable);

      (9)   Building heights;

      (10)   Provide information to demonstrate compliance with the steep slope provisions contained in this chapter or provide a variance signed by the B.Z.A.;

      (11)   The proposed site of the structure must be staked consistent with site plan;

      (12)   All areas affected by construction or excavating activities must be staked with a different color stake from the structure stakes at the site;

      (13)   All retaining walls which will be used during construction or intended for permanent, protection of the dune must be designated on the site plan as well as the method which will be utilized to install such walls and, in the case of temporary walls, remove the walls after construction;

      (14)   Construction techniques utilizing a pile driver or other vibration techniques are prohibited; and

      (15)   Any other matters which may be necessary to determine conformance with and provide for the enforcement of this chapter.

(Ord. 208, passed 12-19-1983; Am. Ord. 09-12, passed 11-16-2009; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2016-11, passed 12-19-2016) Penalty, see § 155.999

   (A)   The Building Site Committee shall approve, request further information or disapprove a building site plan within 15 days following the site review required in § 155.041 by a majority vote of the members of the committee.

   (B)   The approval or disapproval shall be based on the following standards:

      (1)   Whether there is an alternative building site on the property which would adapt to the requirements of this chapter, both during construction and after construction, so long as a compliant structure can be constructed;

      (2)   If there is a steep slope on any set back, required under this chapter, no construction activities, including the removal of trees or vegetation, shall occur within the side or rear yard setbacks;

      (3)   The applicant’s plans adapt to, and minimize disturbance of, the natural terrain, trees and other vegetation;

      (4)   The applicant’s plans adapt to the topography of the property with minimum alterations of the building site; and

      (5)   The applicant’s plans avoid excessive similarity, dissimilarity or inappropriate in exterior design in appearance of buildings, awnings, signs, fences and other structures. The determinations shall be made with respect of 1 or more of the following features:

         (a)   Apparently identical facade in relation to any other structure existing or for which a permit has been issued within a distance of 1,000 feet of the proposed site including substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street including a reverse arrangement thereof;

         (b)   Other significant design features such as but not limited to roof line, height of building, construction, material or quality of architectural design;

         (c)   Location and elevation of building upon the site in relation to topography of the site; and/or

         (d)   Inappropriateness in relation to any other property of the same or adjoining district of design, landscaping, building materials in use thereof, orientation to site or placement of parking, storage or refuse areas.

   (C)   If the application is disapproved, the Building Commissioner shall indicate the reasons by certified letter to the applicant. In any case where disapproval is based on considerations of a steep slope the Building Commissioner shall prepare a report summarizing the concerns and issues resulting from the applicant’s plans as related to the steep slope and shall include the report with the records for the site plan application. The Building Commissioner shall maintain records of all actions on site plan applications.

   (D)   If the application is approved, the applicant shall be bound to the site plan in all details and respects as set out in the site plan application, including any revisions or amendments thereto approved by the Building Site Committee in writing, and if required by the Building Site Committee because of exceptional circumstances, shall post a $10,000 cash or performance bond guaranteeing compliance with the site plan application and guaranteeing restoration of town streets to the condition detailed in the street inventory described in § 155.056(B)(8).

   (E)   If the application is approved, all contractors who will perform any activity related to the application shall comply with § 155.067.

   (F)   At time as all required excavations on the property have been completed and all final grades established, and the applicant has presented the Building Commissioner with a final street inventory release form prepared by a representative of the Street Department confirming that the requirements of this chapter have been fully complied with and all necessary repairs have been completed, the Building Commissioner shall release the bond and return any cash bond to the applicant.

   (G)   In no event shall any building permit for improvements requiring site plan approval be granted until site plan approval has been granted; nor shall the Board of Zoning Appeals grant any variance, special exception or special use with respect to the affected property until that Board has first received the report of the Building Site Committee.

(Ord. 208, passed 12-19-1983; Am. Ord. 09-12, passed 11-16-2009; Am. Ord. 11-11, passed 9-19-2011; Am. Ord. 2021-09, passed 7-20-2021)