Beverly Shores City Zoning Code
SPECIFIC REGULATIONS
AND REQUIREMENTS
§ 155.055 BUILDING PERMIT REQUIRED.
(A) No person, persons, firm or corporation or similar entity shall begin any improvement, construction, reconstruction, or repair of any existing or new building or structure or cause the same to be done without a separate building permit for each building or structure issued by the Building Commissioner, except in the case of a residential unit accompanied by an unattached garage only 1 permit shall be required.
(B) No land shall be excavated or changed in use without a building permit issued by the Building Commissioner.
(C) Activities requiring a building permit, include but are not limited to:
(1) Installation or construction of retaining walls, fences or swimming pools (above and in-ground);
(2) Installation or construction of a shed, gazebo or shelter regardless of whether or not it is permanently affixed to the ground;
(3) Installation or construction of a driveway, deck, porch, carport, garage or room addition;
(4) Construction, reconstruction, repair, moving or demolition of a building or structure; and
(5) Alteration or remodeling of an existing building or structure that includes any changes in structural members, stairways, load bearing components, electric service, plumbing, means of ingress and/or egress, or any other change(s) affecting or regulated by the Building Code or Sanitary Code, except for minor repairs or changes not involving any of the aforesaid provisions.
(D) No building permit shall be required to repair roofing, gutters, siding or windows, providing no change is contemplated to the load bearing components or the facade of the structure being repaired or modified. All installations, repairs and modifications must be in conformance with all provisions of this chapter regardless of whether a building permit is required.
(E) A permit shall be issued by the Building Commissioner upon finding that the proposed work complies with the requirements of this chapter or upon written order from the Board of Zoning Appeals deciding an appeal, special exception, or variance.
(F) No permit shall be issued prior to the payment of the required fee to the Clerk-Treasurer of Beverly Shores as specified in § 155.065.
(G) As specified in § 155.064(E)(3), no building permit shall be issued for a property upon which a tree removal violation has occurred for a period of 1 year from the year of the last violation. Furthermore, no building permit shall be issued for a property upon which a tree removal violation has occurred until all unpaid tree removal fines have been paid.
(H) After the issuance of any building permit the Building Commissioner shall make, or shall cause to be made, inspections of the work being done as are necessary to ensure full compliance with the provisions of this code and the terms and conditions of the building permit, including, without limitation, prior to the footers and prior to foundation walls being poured, before drywall is installed and prior to the issuance of a certificate of occupancy.
(Ord. 11-21, passed 11-21-2011; Am. Ord. 2014-04, passed - -; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2021-09, passed 7-20-2021) Penalty, see § 155.999
§ 155.056 APPLICATION FOR BUILDING PERMIT.
(A) The application for building permit shall be made on a form prescribed by the Plan Commission and signed by the owner(s) attesting to the accuracy of the information supplied by the application.
(B) The following information is required:
(1) Name(s), address(s) and phone number(s) of legal owner(s) of property;
(2) Legal description of property;
(3) Copy of recorded deed for property;
(4) Zoning district and description of existing and/or proposed use;
(5) Approved well and septic permits from the Porter County and State Board of Health, if applicable, for the property showing exact location of the proposed facilities;
(6) Three sets of plans of all floors, foundation sections and elevations and detailed construction specifications describing the kind, size, quality and grade of materials and service equipment and clearly indicating the height of the proposed improvements. These plans and specifications shall be prepared under the supervision and direction of an architect or an engineer registered in Indiana, Illinois, Michigan, Ohio or Wisconsin and shall be certified for the specific building site;
(7) Approval in writing for the proposed construction work from:
(a) The Building Site Committee where applicable;
(b) The Fire Prevention and Building Safety Commission, in all cases of commercial and/or public buildings and additions and alterations thereto;
(c) The National Park Service in all cases where the property is located within the boundaries of the Indiana Dunes National Lakeshore, and has been acquired by the Department of the Interior; and/or
(d) The Indiana State Highway Department or any other governmental jurisdiction, if applicable.
(8) All applicants for building permits shall be required to have a street inventory completed and signed by a representative of the Street Department. The inventory shall record the condition of any streets abutting the property where the improvements are being made, as well as the condition of the streets that the applicant has designated for use by his or her contractors and material suppliers as hereinafter provided which inventory may be supplemented by appropriate photographs if deemed necessary by the Street Department representative.
(C) (1) Prior to securing the street inventory from a representative of the Street Department, the applicant shall complete that part of the street inventory form designating a route for material suppliers and contractors from the town limits to the job site.
(2) All contractors and material suppliers shall thereafter use the designated route and if a contractor or material supplier operating a vehicle larger than a pickup truck or van is found to be deviating from the designated route both the contractor or material supplier and the applicant shall be jointly and severally liable for any damage done to town streets and may be fined for a violation of this chapter as hereinafter provided.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.057 WAIVER OF BUILDING PERMIT REQUIREMENTS.
(A) The Building Committee may waive by majority vote, the requirements in § 155.056 requiring preparation of construction plans by a registered architect/engineer when the proposed work does not involve primary structural elements or is of a limited scope such as a garage, an addition to an existing structure or remodeling, provided that the proposed work is shown on drawings in a legible and comprehensive manner.
(B) Applicants, who wish to obtain a waiver, should apply to the Building Commissioner prior to submitting an application for a building permit and obtain a waiver in writing.
(Ord. 208, passed 12-19-1983)
§ 155.058 APPROVAL OF BUILDING PERMIT.
(A) (1) Within 15 days following receipt of a building permit application the Building Committee shall review each application.
(2) Upon finding evidence that the applicant has obtained approval by the Building Site Committee, if applicable, and the plans and specifications meet all the requirements of this chapter and all other applicable town ordinances and state and federal laws, the Building Committee shall by majority vote approve, request further information or disapprove the application.
(B) The Building Committee may stipulate, in addition, any conditions deemed by them to be necessary to achieve the purposes of this chapter as part of the approval of a building permit.
(C) The Building Commissioner shall issue the permit as provided in § 155.059.
(1) One set of plans and drawings shall be returned to the applicant by the Building Commissioner and marked either approved or disapproved and signed by the Building Commissioner.
(2) Two sets of plans, similarly marked, shall be retained by the Building Commissioner.
(3) If the application for a building permit is disapproved, the Building Commissioner shall indicate the reasons by certified letter to the applicant.
(D) The Building Commissioner shall maintain records of all actions on building permits. The applicant shall be bound to the construction work in all details and respects as set out in the building permit.
(Ord. 208, passed 12-19-1983; Am. Ord. 2021-09, passed 7-20-2021)
§ 155.059 BUILDING REGULATIONS.
(A) If the application for a building permit is approved, the building permit shall state the approval date and the expiration date for the permit. No activity related to the building permit may begin until the permit is issued to the applicant and displayed in a conspicuous place at the building site. Activity includes excavation or clearing of land, delivery of material, any new construction or the altering, adding or repairing of existing construction. The permit will not be issued to the applicant until payment of the designated fees, as provided in § 155.065, including the payment of any fines owed to the town.
(B) If any activity related to the building permit begins prior to the issuance of a building permit, the owner will be subject to a fine, not to exceed $1,000, and the fee for the building permit shall be doubled. This fine and double fee must be paid prior to the issuance of the building permit. If the permit was already issued, all work must stop until the fine and additional fee is paid.
(C) (1) No changes or alterations of any plans or specifications that: (i) increases the size or height of any structure; (ii) alters the pitch of the roof of any structure; (iii) is a change or alteration that is regulated by the Building Code or Sanitary Code; (iv) removes trees not previously indicated; or (v) involves excavation or grading shall be made without the Building Committee's approval.
(2) The Building Commissioner shall notify the applicant in writing of the Building Committee's action.
(D) Construction hours. No construction or activity related to the building permit is permitted outside of these designated hours of construction: 7:00 a.m. to 6:00 p.m. Monday through Saturday. There shall be no construction on any Sunday. There shall be no construction on the following holidays or on a Saturday on the following weekends: Mother's Day, Memorial Day, Father's Day, the Fourth of July, or Labor Day. In the event of emergency, the Building Commissioner may authorize temporary exceptions.
(Ord. 208, passed 12-19-1983; Am. Ord. 2014-04, passed - -; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2021-09, passed 7-20-2021)
§ 155.060 CERTIFICATE OF OCCUPANCY; APPLICATION.
(A) Certificate of occupancy required.
(1) A certificate of occupancy shall be required for:
(a) Occupancy or use of a building constructed, reconstructed, enlarged, moved or structurally altered;
(b) A change in the use of any building or structure; and
(c) Occupancy or use of land or change in the use of land.
(2) No occupancy, use or change of use shall be permitted until a certificate of occupancy has been issued and no certificate shall be issued unless the proposed occupancy or use is in full conformance with the regulations of this chapter.
(3) Any person desiring to use or occupy a building, structure or have use of land for which no certificate of occupancy is on file with the Building Commissioner shall make application to the Building Commissioner certifying the purpose for which the building, structure or land shall be occupied or used.
(B) Certificate of occupancy application.
(1) An application for a certificate of occupancy shall be made in duplicate on a form prescribed by the Plan Commission.
(2) The application for a certificate of occupancy is required to include the following:
(a) A precise description certifying the occupancy or use to be undertaken in addition to other information as may be necessary to determine compliance with the provisions of this chapter.
(b) An as-built topographic survey of the property and all structures by a land surveyor licensed by the State of Indiana, at a scale not more than 1 inch equals 20 feet indicating swales, ditches, flow line, top and toe of slopes and high points. Topographical contours shall be shown at 2-foot intervals except in cases of steep dune topography where 5-foot intervals should be shown, as well as 2 established benchmarks at assumed elevation in cases where sea level elevation is not available. The topographical drawing shall also show:
1. The placement and size of all existing trees more than 8 inches in diameter measured 4 feet above ground level;
2. Underground utilities on or within 10 feet of the property; and
3. The exterior dimensions of the foundation of all structures and their placement on the property including setbacks from the property lines and other structure(s) and the topography upon completion of the building(s) or structure(s) or additions or alterations thereto.
(c) The Building Commissioner may waive the requirements for an as-built certified topographical drawing when, in opinion of the Building Commissioner, there are no substantive changes to the site.
(3) One copy of the application together with a copy of the certificate issued, if any, shall be retained by the Building Commissioner. The application shall be accompanied by payment of a fee to the Clerk-Treasurer of Beverly Shores pursuant to § 155.065 of this chapter, which payment shall be retained by the town even though the certificate applied for is not granted.
(4) Prior to the issuance of a certificate of occupancy for any structure for which a building permit is required, the Building Commissioner is required to review the as-built topographic survey and compare it to the original certified approved plans and approved alterations.
(5) If the Building Commissioner determines there are any substantive differences between the as-built topographic survey after construction completion and the original certified approved plans and approved alterations, he or she is required to document those differences in writing and provide a copy to the Plan Commission prior to the issuance of a certificate of occupancy.
(6) Differences are subject to Plan Commission review that may require structural removal, fine assessment and/or denial of a certificate of occupancy. Prior to the issuance of a certificate of occupancy for any structure for which a building permit is required, the applicant shall restore any streets that abut the property upon which the improvements were made to a condition at least as good as existed prior to the issuance of the building permit as described in the Street Department inventory.
(7) In the event that repairs cannot be completed due to weather conditions, a certificate of occupancy may be issued if the $10,000 bond pursuant to § 155.042 remains in effect and is supplemented by any additional bond necessary to complete the repairs as estimated by a representative of the Street Department and is filed with the Clerk-Treasurer.
(8) As specified in § 155.064(E), no certificate of occupancy shall be issued prior to the payment of any outstanding tree removal fines.
(Ord. 208, passed 12-19-1983; Am. Ord. 06-10, passed 12-18-2006; Am. Ord. 09-12, passed 11-16-2009) Penalty, see § 155.999
§ 155.061 ISSUANCE AND TERMINATION OF CERTIFICATE OF OCCUPANCY.
(A) Issuance of certificate of occupancy.
(1) The Building Commissioner upon verifying that the requested occupancy or use is authorized under the provisions of this chapter and that, if applicable, the final inspection has been made and the finished construction approved in accordance with all plans and specifications on file with the Building Commissioner pursuant to § 155.056 and upon evidence that the applicant has paid the required fee as set forth in § 155.065, shall issue a certificate of occupancy to that effect.
(2) A certificate of occupancy for any use requiring the approval of the Board of Zoning Appeals according to provisions of this chapter shall be issued only after the authorization of the Board of Zoning Appeals. Every certificate of occupancy for which a variance or a special use permit has been granted by the Board of Zoning Appeals shall contain a detailed statement of the special use permit or variance of the conditions, if any, to which it is subject.
(B) Termination of certificate of occupancy.
(1) A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building(s), structure(s) or land to which it applies and it shall continue in effect so long as the building(s) or land is used for the use authorized by the certificate and is in compliance with all regulations of this chapter.
(2) Ten days after the service of notice of violation of any of the regulations of this chapter with respect to any building(s) or structure(s) or the use thereof or of land, a new certificate of occupancy shall be required for any further use of the building(s), structure(s) or land.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.062 DISCLAIMER OF LIABILITY.
The issuance of a building permit, a certificate of occupancy, or any other discretionary act on the part of the Building Commissioner, Building Committee or any other persons responsible for the application and enforcement of this chapter, shall not be deemed an acceptance or certification of the design, integrity or safety of a structure or its component systems.
(Ord. 208, passed 12-19-1983)
§ 155.063 DEMOLITION OR MOVING OF STRUCTURES.
All persons desiring to clear a site by demolishing or removing the existing structure shall apply for a site clearing permit and comply with all the conditions of this section.
(A) Application. Application shall be filed with the Clerk-Treasurer and referred to the Building Commissioner and Site Committee and contain the following information:
(1) Name(s), address(es) and phone number(s) of the legal owner(s) of the property;
(2) Legal description of the property;
(3) Copy of the recorded deed for the property;
(4) The name(s), address(es) and phone number(s) of all contractors involved in site clearing;
(5) Certificate of insurance of each of the contractors involved in site clearing demonstrating minimum insurance coverage as follows:
Type of Coverage | Amount |
General liability | $1,000,000 per occurrence |
Automobile liability | $100,000 per person |
Comprehensive Form | |
Bodily injury liability | $100,000 per person |
Bodily injury liability | $250,000 per occurrence |
Property Liability | $50,000 per occurrence |
(6) A street inventory of the type described in § 155.056(B)(8) including the designation of a route for material suppliers and contractors from the town limits to the job site as provided in the section;
(7) A $10,000 cash or performance bond that guarantees restoration of the site in compliance with the standards set forth in this section, and that additionally guarantees the restoration of town streets to the condition described in the street inventory; and
(8) Non-refundable $100 permit fee, which may be amended from time to time by the Town Council,.
(B) Site clearing standards.
(1) All structures not incorporated into an approved plan for new improvements on the site shall be removed. STRUCTURES, as that term is used in this section, means all buildings, foundations, walls, basements, floors, steps, all slabs including any asphalt or concrete slabs used as pullovers or driveways on or near any street, curbs, sidewalks, fences, septic tanks, wells, trash and debris, concrete, steel or wood pilings, wire steel reinforcing rods or any other material that is not of natural setting.
(2) All excavated areas shall be filled with clean fill (sand or dirt). This material should be placed so it is a minimum of 6 inches above the original ground level to allow for settlement. The final site shall be left at or near the contour of the setting and seeded with grass or other ground cover plants. (Example: the site shall contour the side of a hill if excavation occurs on the side of a hill).
(3) All underground utilities shall be removed and capped in a manner to comply with state and federal regulations. Contractor shall remove and fill any septic tank or well hole. The contractor shall be responsible for the notification of the appropriate utility company for disconnection or removal of the utility.
(4) Contractor shall provide, erect and maintain barricades, lights, danger signals and warning signs, and take all necessary precautions for the protection of the work and safety of the public. The contractor should also provide, erect and maintain sufficient approved detour signs (if applicable) at road closures and along detour routes and illuminate barricades and obstructions at night keeping safety lights burning from sunset to sunrise. All barricades and signs shall be in accordance with Article VI, American National Standards Institute (ANSI) Standard D6.1, Manual of Uniform Traffic Control for Streets and Highways.
(5) No trees, limbs or shrubs shall be cut, altered or removed by the contractor without first securing approval from the Building Commissioner. Trees to be removed shall be cut down, never knocked over using heavy equipment. Excepting stumps located within the footprint of an approved building, if stumps are to be removed they shall be removed using stump grinding equipment, axes and saws, never ripped out using heavy equipment. Proper pruning techniques shall be used; any torn or broken limbs shall be properly pruned.
(6) Under no circumstances will fires of any type be allowed.
(7) All required work shall be completed within 60 days after the issuance of required permits which period may be extended by the Building Commissioner upon written application explaining any delays and setting forth a timetable for completing the required work.
(C) Final inspection.
(1) A final inspection will be done upon notification by the permit holder that the site is ready for inspection.
(2) The site shall be inspected by the Building Commissioner and/or the Site Committee and if found to be satisfactory, upon presentation of a final street inventory release form prepared by a representative of the Street Department, the Building Commissioner and/or Site Committee shall direct the Clerk-Treasurer to release the cash or performance bond.
(3) In the event that the site is not restored to the satisfaction of the Building Commissioner and/or Site Committee, the cost of correcting any deficiencies may be charged to the cash or performance bond.
(Ord. 208, passed 12-19-1983; Am. Ord. 09-12, passed 11-16-2009; Am. Ord. 2014-04, passed - -) Penalty, see § 155.999
§ 155.064 TREE PRESERVATION AND PROTECTION.
(A) Unimproved land. Removal of any tree 4 inches or greater in diameter on unimproved land shall be prohibited in the absence of an approved building permit, except as follows:
(1) Allowable removals on unimproved land:
(a) A diseased tree or a dead tree. The Building Commissioner shall be consulted. If the Building Commissioner is unable to ascertain if a tree is diseased or dead, a certified arborist can be consulted to make that determination;
(b) A tree whose species is identified as a nuisance tree (as defined in § 155.003);
(c) A tree that presents an imminent danger to humans or potential damage to structures; and
(d) A tree for which removal is pursuant to a written naturalization plan, which may be provided annually for a 12-month period, approved by the Building Site Committee, for the removal of nuisance, non-native or invasive species.
(2) Removal pursuant to allowable removals in division (A)(1) above shall be subject to the following additional conditions:
(a) Prior written applications to the Town Clerk for a tree removal permit, including payment of any required fees. The written application shall include, but not be limited to, the number, approximate location, reason for removal, and diameter of trees to be removed. Each permit may allow for the removal of up to ten (10) trees.
(b) Review and approval of the application in (a) above by the Building Commissioner.
(c) The permit must be applied for and received before beginning removal work, except in case of imminent threat to humans or structures, under division (A)(1)(c) in which case the permit must be applied for within five (5) business days after the removal.
(d) The fee for each permit shall be in accordance with the Town Fee Schedule, § 10.99.
(3) Removals pursuant to the allowable unimproved property exceptions above shall require that trees be cut down, never knocked over using heavy equipment. If stumps are to be removed, they shall be removed using stump grinding equipment, axes and saws, never ripped out using heavy equipment.
(B) Improved land. Removal of any tree 4 inches or greater in diameter on improved land shall be prohibited, except as follows:
(1) The property owner may remove any tree within 15 feet of the dwelling unit.
(2) The following are allowable exceptions to the above improved property restrictions on tree removal:
(a) A diseased tree or dead tree. The Building Commissioner, or his or her written designee, shall be consulted. If the Building Commissioner, or his or her designee, is unable to ascertain if a tree is diseased or dead, an arborist certified by the Indiana Arborist Association can be consulted to make that determination;
(b) A tree that presents an imminent danger to humans or potential damage to structures as determined by the Street Commissioner of the Town of Beverly Shores; and
(c) A nuisance tree (as defined in § 155.003).
(3) Removal pursuant to division (B)(1) above and the allowable improved property exceptions in division (B)(2) above shall require that trees be cut down, never knocked over using heavy equipment.
(4) Excepting stumps located within the footprint of an approved building, if stumps are to be removed, they shall be removed using stump grinding equipment, axes and saws, never ripped out using heavy equipment.
(C) Tree topping.
(1) This practice of severely cutting back of limbs within a tree's crown of branches so as to alter its natural shape and disfigure the tree shall be prohibited, except as provided in division (C)(2) below.
(2) The only allowable exception to this prohibition shall be utility companies in the maintenance of their easements, when other less disfiguring pruning practices are ineffective.
(D) Protection of trees during construction.
(1) By far the greatest damage to our trees, and the fragile dunes they are critical in stabilizing, occurs during construction activities. Heavy construction equipment activity is largely responsible, including purposeful or inadvertent knocking over of trees that disturbs large areas of fragile topsoil and potentially damages other adjacent trees and vegetation.
(2) Heavy equipment traffic over tree root zones (which extend as far as the tree's leaf canopy) compacts soil and suffocates tree roots, resulting in tree die back or death over time. In addition, altering of original grades in tree root zones jeopardizes long-term tree survival. To avoid long-term tree damage, the maintenance and/or restoration of original soil grades is imperative.
(3) To reasonably protect existing trees, the following tree protection measures shall be mandatory whenever building activity is undertaken. Items in divisions (3)(a) through (d) below shall be completed and inspected by the Building Commissioner prior to commencing any excavation, site clearing or building activity. Once the site plan is approved no changes can be made.
(a) Trees to be removed in accordance with the site plan shall be marked with colored ribbon for easy identification. During the construction process for improved land, the property owner may remove any tree within 15 feet of the dwelling unit being built.
(b) In order to protect the trunks of trees, 2 x 4 or similar sturdy lumber 8 feet high shall be lashed to the trunks of trees adjacent to ingress/egress routes on the property and other high risk areas;
(c) Trees to be removed in accordance with the site plan shall be cut down, never knocked over using heavy equipment, in a manner so as not to damage adjacent trees. Stumps located within the footprint of an approved building may be removed using heavy equipment. If stumps are to be removed outside the footprint of an approved building, they shall be removed using stump grinding equipment, axes and saws, never ripped out using heavy equipment;
(d) Directional drilling for the installation of utilities is preferred over trenching because trenching may involve the cutting of roots. Where trenching is used, trenches must be run around critical root zones to prevent root damage;
(E) (1) Penalty. Any violation of this section shall be subject to the provisions of § 155.999 of this chapter, except that the fines and other penalties for the removal of any tree in whole or in part, including the topping of any tree, in violation of this section shall be as set forth in § 10.98, with each tree representing a separate offense.
(2) In addition to the fines and other penalties, trees cut down in violation of this section shall be replaced with that number of 2-inch diameter trees so that the sum total of the diameter of all replacement trees equals the diameter of the removed trees.
(3) Diameter means a measurement of the size of tree that is equal to the diameter of its trunk, measured 4 1/2 feet above the adjacent natural grade.
(4) The following species of trees may not be planted as replacement trees (See definitions for TREE and NUISANCE):
(a) Tree of Heaven (Ailanthus altissima);
(b) Buckthorn (Rhamnus cathartica and Rhamnus frangula);
(c) Russian Olive (Elaeagnus angustifolia);
(d) Black Locust (Robinia pseudoacacia);
(e) Siberian Elm (Ulmus pumila);
(f) White Mulberry (Morus alba);
(g) Red Mulberry (Morus rubra);
(h) Honey Locust (Gleditsia triocanthos);
(i) Black Locust (Robinia pseudoacacia); and
(j) Sweetgum (Liquidambar styraciflua).
(5) If a removal pursuant to division (A)(1) above is done without receiving a permit as required by this section before beginning the removal work, the cost of the permit shall be twice of the amount of the fee. This additional fee is in addition to, and not in lieu of, any fine that may be imposed for violating the town code. This division (E)(5) shall not apply to emergency removal that is done due to imminent threat to humans or structures, but shall apply when a permit for emergency removal is not applied for within five (5) business days after the emergency removal work.
(6) (a) A tree removal fine shall be waived for offending property owners meeting the following criteria:
1. It is the offender’s first violation of this section; and
2. The offender removed trees that satisfied the requirements of divisions (A)(1), (A)(3), (B)(1), (B)(2), or (B)(3), provided that the offender bears the burden of proof for each removed tree.
(b) In the event the above criteria are satisfied and the tree removal fine(s) are waived, the offender shall still be required to pay the cost of the applicable permit fee as set forth in division (E)(5) above.
(7) Division (E)(6) above shall only apply to property owners. If a first-time offense for a property owner is committed by a contractor, the applicable tree removal fines shall be assessed and charged to the contractor.
(F) A tree removal fine shall be assessed and paid according to § 10.98. The increased incremental fines and higher replacement ratio for larger trees is intended as a deterrent in order to address the fact that these trees are a significant and valuable resource for the entire Beverly Shores community.
(G) Tree removal fines shall be paid to the Town Clerk-Treasurer and shall be designated as funds to be used for the planting, care and maintenance of trees on town-owned property and parks, and on the public right-of-way.
(H) No building permit shall be issued for a property upon which a tree removal violation has occurred for a period of 1 year from the year of the last violation.
(I) No building permit shall be issued for a property upon which a tree removal violation has occurred until all unpaid tree removal fines have been paid.
(J) No certificate of occupancy shall be issued for a property upon which a tree removal violation has occurred until all unpaid tree removal fines have been paid.
(K) No building contractor registration shall be issued for a contractor which has been assessed with tree removal fines until all unpaid tree removal fines have been paid.
(Ord. 208, passed 12-19-1983; Am. Ord. 09-12, passed 11-16-2009; Am. Ord. 2014-04, passed - -; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2018-01, passed 5-15-2018) Penalty, see § 155.999
§ 155.065 DURATION OF BUILDING PERMITS.
(A) A building permit shall expire 12 months from the date of approval, except that a building permit for complete construction of the main building shall expire 18 months from the date of approval. The building permit shall state the expiration date. Once a building permit has expired, the project must be terminated, and all construction or activities related to the building permit must stop until or unless a new building permit is issued. A building permit will expire earlier than the expiration date stated on the permit if the project is completed. The completion date shall be determined by the Building Commissioner via the issuance of a certificate of occupancy, or if such is not required for the project, by issuance of the Building Commissioner's written acknowledgment of completion of a permitted project.
(B) If the project has not been, or will not be, completed by the permit expiration date, the owner must submit a new application for a building permit and pay the fees required. The new application must comply with all the requirements of § 155.056, and the fee for the new permit will be double the fee required for the original permit. No work or construction related activities may resume until the new building permit is approved by the Building Committee, the double fee is paid, any fine owed to the town is paid, and the permit is issued as provided in § 155.059. The Building Committee may waive all or a portion of the fee in situations where the delay in completion of the project was due to extraordinary circumstances not caused by the owner or any contractor on the project.
(C) All fees and fines shall be paid to the Clerk-Treasurer of the Town of Beverly Shores. The fee for the permits described in this chapter are set forth in the Town Fee Schedule, § 10.99. A double fee shall apply in the circumstances provided in this chapter.
(Ord. 208, passed 12-19-1983; Am. Ord. 06-03, passed 8-21-2006; Am. Ord. 09-08, passed 9-21-2009; Am. Ord. 09-14, passed 9-21-2009; Am. Ord. 2021-09, passed 7-20-2021)
§ 155.066 VIOLATIONS.
(A) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, install, remove, convert or demolish, equip, use, occupy or maintain any building(s), structure(s) or land in the Town of Beverly Shores, or cause the same to be done, contrary to or in violation of this chapter.
(B) (1) Whenever any member of the Police Department of the Town of Beverly Shores has probable cause to believe that any person, firm or corporation has violated any term or provision of this chapter, the police officer shall notify the Building Commissioner immediately in order to verify that a violation exists and shall document the existence of the alleged violation.
(2) The Building Commissioner shall, in turn, investigate the alleged violation and inform the Police Department of his or her findings. In all cases, where the Building Commissioner, in his or her judgment, finds a violation does exist, he or she shall so notify in writing the Police Department of the Town of Beverly Shores who shall thereupon issue a citation to the violator.
(C) (1) Nothing herein contained shall prevent the Town of Beverly Shores from taking lawful action as is necessary to prevent or remedy any violation. In the event of a civil suit in which the Town of Beverly Shores successfully enjoins a violation of this chapter, the parties enjoined shall be liable for costs incurred by the Town of Beverly Shores including reasonable attorney fees.
(2) The Building Commissioner is the designated official charged with the enforcement of this chapter or any ordinance enacted under the State Advisory Planning Law and has authority to investigate alleged violations thereof and if facts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, to file a complaint against the person, firm or corporation in the court having jurisdiction over like matters.
(D) In addition to the foregoing provisions, the Town Council of the Town of Beverly Shores hereby declares buildings erected, raised or converted or land or premises used in violation of any provision of this chapter to be common nuisances, and the owner of any building, land or premises shall be liable for maintaining a common nuisance.
(E) Any permit or certificate of occupancy issued for applications that are in conflict with the provisions of this chapter shall be considered null and void.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.067 CONTRACTOR REGISTRATION AND REVOCATION OF REGISTRATION PROCEDURES.
(A) All building contractors providing services within the Town of Beverly Shores must register with the town by completing the application for contractor registration and paying the annual registration fee to the Clerk-Treasurer in advance of performing any activity in the town. This registration requirement applies to all entities of any kind or individuals performing any work as a contractor or sub-contractor for: construction, repair, maintenance, excavation, electrical, plumbing, drywall, painting, roofing, or any other construction related activity, tree services, landscaping services, driveway installation or sealing or any other similar contractor-provided services in the town irrespective of whether a building permit is required. This registration requirement does not apply to a: homeowner, engineer, architect, employee of a contractor, delivery service, or a supplier of product or material who performs no other services in the town.
(B) As a part of the contractor registration application, all building contractors will be required to provide a certificate of liability insurance that is no less than $500,000, and including coverage that is in compliance with Indiana workers' compensation, occupational health and safety laws, and property damage. The certificate holder shall be, "Town of Beverly Shores, 500 Broadway PO Box 38, Beverly Shores, IN 46301." The insurance policy shall be maintained as long as the registered contractor continues to do business in the town.
(C) Any violation of this section shall cause the Building Commissioner to issue a stop-work order on all projects the building contractor is doing in the town.
(D) The annual registration fee is stated in the Town Fee Schedule, § 10.99. Registration fees are nonrefundable. Registration shall be effective on the date issued and expires on December 31 each year. The registration may be renewed for the following year beginning December 1. Renewal registrations must be completed by January 31. Registrations that are not renewed by January 31 shall lapse and require a new application. If an application for contractor registration lapses, the contractor must cease all business in the Town of Beverly Shores until an application for contractor registration is renewed or otherwise reinstated.
(E) (1) If the Building Commissioner determines that a building contractor has committed fraud, misrepresentation and/or multiple or flagrant violations of the Town Code, then the Building Commissioner shall notify by registered mail the building contractor, the property owner of record on the approved building permit, and the Plan Commission of the violations.
(2) The Plan Commission will, within 30 days of notice being served, conduct a hearing to review the findings by the Building Commissioner and, if necessary, establish any penalty, which may include but is not limited to the following:
(a) Revocation of contractor registration;
(b) Revocation of building contractor's approval on any or all building permit(s); and
(c) Denial of the surety (performance) bond acceptance by the Town of Beverly Shores from the building contractor on the current and/or future projects for a period of one year.
(3) Any decision of the Plan Commission may, within 30 days, be appealed to the Town Council.
(F) If a registered contractor's registration is revoked:
(1) The registered contractor will not be permitted to apply for any new building permits for one year and any pending applications for building permits will be denied;
(2) The registered contractor will only be allowed to complete construction on projects for which there are approved building permits at the time of building contractor registration revocation, if the approved building permits were not revoked under division (C) above;
(3) The Plan Commission shall notify by registered mail the registered contractor and the property owner of record on the approved building permit that the contractor registration has been revoked; and
(4) In the event subsequent violations occur during the revocation period, the Plan Commission may extend the period of revocation up to one year for each additional violation to a maximum period of five years. Upon appeal, the Town Council will conduct a hearing to review the findings by the Plan Commission.
(Ord. 208, passed 12-19-1983; Am. Ord. 10-07, passed 10-25-2010; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2021-09, passed 7-20-2021)