Beverly Shores City Zoning Code
GENERAL SUBDIVISION
CONTROL REGULATIONS
§ 155.150 CITATION; JURISDICTION.
(B) (1) These subdivision control regulations shall apply to all subdivisions of land, as defined herein, located within the jurisdiction of the Town of Beverly Shores, Indiana.
(2) No land shall be subdivided within these boundaries until:
(a) The subdivider or his or her agent shall submit a proposed subdivision plat to the Plan Commission;
(b) The Plan Commission grants primary and secondary approval of the plat; and
(c) The approved plat is filed with the County Recorder.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.151 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MAJOR SUBDIVISION. Any subdivision that is not a minor subdivision.
MINOR SUBDIVISION. A subdivision of land that does not involve the opening of a new public way and that complies in all other respects with the Beverly Shores Subdivision Control Ordinance and the Zoning Ordinance. A MINOR SUBDIVISION may be granted primary approval by the Plan Commission without public notice and hearing.
SUBDIVISION. The division of a parcel of land into lots, parcels, tracts, units or interests in the manner defined and prescribed by this Subdivision Control Ordinance.
(Ord. 208, passed 12-19-1983)
§ 155.152 SUBDIVISION APPLICATION PROCESS.
(A) A person desiring the approval of a subdivision plat shall submit a written application for approval in accordance with procedures prescribed by this Subdivision Control Ordinance.
(B) No contract shall be made for the sale of any part of the subdivision and no improvement or building shall be made on the property, until the subdivider applies for and secures approval of the proposed subdivision in accordance with the procedures set forth in §§ 155.150 through 155.181. No subdivision plat shall be filed with the County Recorder until the plat has been approved by the Plan Commission.
(C) No improvement, building or driveway permits shall be issued until the approved plat is filed with the County Recorder.
(D) The procedural requirements vary depending on whether the proposed subdivision is a minor or a major subdivision.
(1) Minor subdivision: No notice or public hearing required for either primary or secondary approval.
(2) Major subdivision: Notice and public hearing required for the primary approval but not required for secondary approval.
(E) In order for a piece of land resulting from a subdivision of a parcel, zoning lot, or lot of record to qualify for a building permit issued by the town, a parcel, lot of record, or zoning lot may only be subdivided with the permission of the Town Plan Commission under the procedures set forth in this Subdivision Control Ordinance.
(F) No parcel, zoning lot, lot of record, or other piece of land may be divided or subdivided so as to make the length along any abutting street, whether it is considered frontage or not, less that 100 feet in length. The minimum dimension of any piece of land transferred in any way from one parcel, zoning lot, lot of record, or other piece of land would have no dimension of less than 35 feet in length and a minimum of 2,500 square feet.
(G) No subdivision of a parcel or lot upon which a residence currently exists shall be permitted if the parcel or lot does not currently meet the area and frontage requirements, or that would reduce the area or frontage of such a parcel or lot below the minimum area and frontage requirements for a parcel as defined in § 155.003.
(H) The total filing fee for this public hearing shall be as stated in the Town Fee Schedule, § 10.99.
(Ord. 208, passed 12-19-1983; Am. Ord. 08-11, passed 11-17-2008) Penalty, see § 155.999
§ 155.153 PRE-PLATTING CONFERENCE.
(A) (1) Before submitting the subdivision plat for technical review, the applicant shall discuss with the Building Commissioner the procedure for adoption of a subdivision plat and the requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection and similar matters, as well as the availability of existing services.
(2) The Building Commissioner may also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve the aspects of the subdivision plat coming within their jurisdiction.
(B) The applicant has the option to request a conference with the Commission, also, but not for overriding the Building Commissioner. This action will not require application, but notification should provide sufficient time for the matter to be placed on the agenda.
(Ord. 208, passed 12-19-1983)
§ 155.154 APPLICATION.
(A) All applications for approval of a subdivision plat shall be filed with the Plan Commission.
(B) The application shall:
(1) Be made in duplicate and presented at least 4 weeks prior to a regular meeting of the Commission;
(2) Be made on forms available at the office of the Clerk-Treasurer;
(3) Be accompanied by a fee required in § 155.065;
(4) Include all land which the applicant proposes to subdivide and a list of the record owners of real estate located within 300 feet of the proposed subdivision as shown in the assessor's files. This information may be shown on a separate current tax map or plat reproduction from the assessor's office showing the subdivision superimposed thereon;
(5) Be accompanied by 7 copies of the proposed plat as described in these regulations;
(6) Be accompanied by 7 copies of construction plans, as described in these regulations;
(7) Be accompanied by all formal irrevocable offers of dedication to the public of all streets, utilities, parks, easements and other local government uses, in a form approved by the Town Attorney. In addition, the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
The owner or his or her representative, hereby irrevocably offers for dedication to the Town of Beverly Shores all the streets, local government uses, easements, parks and required utilities shown on the subdivision plat and construction plans.
Signature _________________________________ Date _______________
(8) Be accompanied by endorsements by appropriate authorities to assure the Commission that the plat is in compliance with all rules, regulations and requirements of local and state authorities.
(Ord. 208, passed 12-19-1983)
§ 155.155 TECHNICAL REVIEW.
Upon receipt of an application for primary approval the Plan Commission President shall direct the Building Committee to review the application for technical conformity with the standards fixed in the Subdivision Control Ordinance.
(Ord. 208, passed 12-19-1983)
§ 155.156 NOTICE OF PUBLIC HEARING.
(A) Within 30 days after the Building Committee advises the Plan Commission President of technical conformity with the standards fixed in the Subdivision Control Ordinance, the President shall announce the date for a hearing before the Plan Commission and by letter direct the applicant to provide notice of the hearing as follows:
(1) Applicant shall give notice of the hearing by publication in accordance with I.C. 5-3-1-1 et seq.; and
(2) Mail notice of the hearing by certified mail return receipt requested to the record owners of real estate located within 300 feet of the proposed subdivision;
(B) Publication and mailing shall occur at least 10 days before the date set for the public hearing. The Plan Commission shall require the applicant to bear the expense of notice of public hearing and to submit proof of notice to the Plan Commission Attorney at least 3 days prior to the public hearing.
(Ord. 208, passed 12-19-1983)
§ 155.157 PRIMARY APPROVAL.
(A) In determining whether to grant primary approval of a plat, the Plan Commission shall determine if the plat or subdivision qualifies for primary approval under the standards prescribed by the Subdivision Control Ordinance.
(B) The standards fixed in the Subdivision Control Ordinance may not be lower than the minimum standards prescribed in the Zoning Ordinance for a similar use.
(C) As a condition of primary approval of a plat, the Commission may specify:
(1) The manner in which public ways shall be laid out, graded and improved;
(2) A provision for water, sewage and other utility services;
(3) A provision for lot size, number and location;
(4) A provision for drainage design; and
(5) A provision for other services as specified in the Subdivision Control Ordinance.
(Ord. 208, passed 12-19-1983)
§ 155.158 DECISION; WRITTEN FINDINGS OF FACT.
(A) If, after the hearing, the Plan Commission determines that the application and plat comply with the standards in the Subdivision Control Ordinance it shall make written findings and a decision granting primary approval to the plat and shall provide the applicant with a copy. This decision must be signed by the Plan Commission President.
(B) If, after the hearing, the Plan Commission disapproves the plat, it shall make written findings that set forth its reasons and a decision denying primary approval and shall provide the applicant with a copy. This decision must be signed by the Plan Commission President.
(C) In deciding whether to approve a request for approval of any subdivision, as that term is defined in § 155.151, the Plan Commission shall pay reasonable regard to: (i) the Comprehensive Plan, (ii) current conditions and the character of current structures and uses in the vicinity of the proposed subdivision, (iii) the conservation of property values throughout the jurisdiction, and (iv) responsible development and growth, and decide whether the proposed subdivision meets the following standards:
(1) That the proposed subdivision will not adversely affect the community;
(2) The use and value of the area adjacent to the property proposed to be subdivided will not be affected in a substantially adverse manner;
(3) That the zoning district will not be disrupted or harmed;
(4) That the approval will not be injurious to the public health, safety, and general welfare of the community; and
(5) The resultant lots and parcels will not violate any of the provisions of this chapter solely as a result of the proposed subdivision.
(Ord. 208, passed 12-19-1983; Am. Ord. 08-11, passed 11-17-2008)
§ 155.159 APPEAL.
The primary approval or disapproval of a plat by the Plan Commission or the imposition of a condition on primary approval is a final decision of the Plan Commission that may be reviewed as provided by I.C. 36-7-4-1016 as amended from time to time.
(Ord. 208, passed 12-19-1983)
§ 155.160 PUBLIC IMPROVEMENTS AND PERFORMANCE BOND.
(A) Completion of improvements.
(1) Subsequent to primary approval but before secondary approval all applicants shall be required to complete all the streets, storm sewers, water lines, street signs and other public improvements on and about the individual lots of the subdivision as required in this chapter, specified in the approved subdivision plat, or required by the Commission.
(2) The Commission in its discretion may waive the requirement that the applicant complete all public improvements prior to secondary approval of the subdivision plat, and, in lieu thereof, require the applicant to post bond payable to the Town of Beverly Shores, hereinafter referred to as performance bond, in an amount equivalent to 110% of the estimated cost of completion of the required public improvements, assuming a completion date 2 years after the date of secondary approval, which shall be sufficient to secure the satisfactory construction and installation of the public improvements.
(3) That in lieu of the bond, the developer may submit a certified check made payable to the Town of Beverly Shores in an amount equivalent to 110% of the estimated cost of completion of the public improvements. Any check shall be held by the Clerk-Treasurer.
(4) (a) That in lieu of a bond, the developer may submit irrevocable letters of credit on behalf of the developer and securable by the Town of Beverly Shores in an amount equivalent to 110% of the estimated cost of satisfactory completion of the public improvements.
(b) In the event an irrevocable letter of credit is utilized it shall be written for a maximum length of 1 year and the Commission shall after a period of 10 months determine if the public improvements have been accepted for maintenance by the governmental unit having jurisdiction over the public improvement, and if they have not been accepted, shall so notify the subdivider of intent to secure the funds and then commence procedures to secure the funds pledged by a letter of credit, or at the discretion of the Commission to grant an extension for a period fixed by the Commission not to exceed 1 year, and the subdivider filing with the Commissioner a new letter of credit for the period so fixed.
(5) That in lieu of a bond the subdivider may submit a certificate of deposit made out to the Town of Beverly Shores in an amount equivalent to 110% of the cost of satisfactory completion of the public improvements to be deposited by the Clerk-Treasurer in an interest bearing account pending certification of satisfactory completion. Absent certification, the town may use the interest as additional funds for completion of the public improvements.
(6) (a) The performance bond shall comply with all statutory requirements and shall be satisfactory to the Commission Attorney as to form, sufficiency and manner of execution as set forth in this chapter.
(b) The period within which required public improvements must be completed shall be specified by the Commission in the resolution granting primary approval and shall be incorporated into the bond and shall not in any event exceed 1 year from date of secondary approval.
(c) The bond shall be approved by the Plan Commission as to amount. The Commission may, upon proof of difficulty, grant an extension of the completion date set forth in the bond for a minimum period of 1 additional year, provided that the bond submitted for this extension period meets all other requirements herein.
(d) The Commission may at any time during the period of the bond accept a substitution of principal or sureties on the bond.
(7) The security referred to in divisions (A)(1) through (6) above shall not be released until the Building Commissioner certifies that the public improvements have been completed in accordance with the grant of primary approval.
(B) Effective period of primary approval.
(1) Unless extended, primary approval shall be effective for a period of 1 year at the end of which time secondary approval on the subdivision must have been obtained and certified by the President and Secretary of the Commission.
(2) Any plats not receiving secondary approval within the period of time set forth herein shall be null and void and the developer shall be required to resubmit a new plat for primary approval subject to all new zoning restrictions and subdivision regulations.
(3) Upon request of the applicant, the Commission may extend the period of primary approval in increments of 6 months beyond an expiration date without further notice and public hearing.
(C) Zoning ordinances. Every plat shall conform to existing zoning ordinances and subdivision regulations applicable at the time of primary approval, except that any application for primary approval proper in form shall be exempt from any subsequent amendments to the zoning and subdivision ordinances which would otherwise render the plat nonconforming as to size, shape or use.
(D) Model homes.
(1) For the purpose of allowing the early construction of model homes in a subdivision, the Commission, in its discretion, may permit a portion of a major subdivision involving no more than 2 lots to be created in accordance with the procedures for minor subdivisions, provided that the portion derives access from an existing public street, and provided that no further road or other improvements are anticipated where the lots are proposed.
(2) The subdivision plat for the minor portion shall be submitted to the Commission simultaneously with the application for primary approval for the entire major subdivision. Subsequent to the primary approval, the model home(s) may be constructed, subject to additional requirements that the Commission may require.
(E) Assurance for maintenance.
(1) General requirements. The applicant shall be required to maintain all improvements on the subdivided areas and, if required, provide for snow removal and traffic control on streets and sidewalks until acceptance of the improvements by the Town Council.
(2) Posting of maintenance bond. The applicant shall be required to file a maintenance bond with the Town Council, prior to dedication, in an amount considered adequate by the local Building Commissioner, in order to assure the satisfactory condition of the required improvements on the individual subdivided lots for a period of 5 years after the date of their acceptance by the Town Council and dedication of same to the local government.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999
§ 155.161 SECONDARY APPROVAL.
(A) The Plan Commission may grant secondary approval of a plat under this section.
(B) The application for secondary approval shall:
(1) Be made on forms available in the office of the Clerk-Treasurer;
(2) Be accompanied by 7 copies of the application and any fee required by this chapter; and
(3) Either:
(a) Warrant under oath that all improvements have been completed in accordance with primary approval of plat and the requirements of the Subdivision Control Ordinance; or
(b) Submit an itemized list reflecting costs for satisfactory construction and completion of the subdivision plat improvements.
(C) Secondary approval may be granted, after expiration of the time provided for appeal (30 days) per I.C. 36-7-4-1016 and 36-7-4-1003.
(D) No notice or public hearing is required for secondary approval.
(E) Secondary approval may be granted to the plat for a subdivision in which the improvements and installments have not been completed as required by the Subdivision Control Ordinance, if the applicant provides a bond, or other proof of financial responsibility prescribed by § 155.160.
(F) Any money received from the bond or otherwise shall be used only for making the improvements and installments for which the bond or other proof of financial responsibility was provided. This money may be used for these purposes without appropriation. The improvement or installation must conform to the standards provided for the improvements or installations by ordinance and/or law of the Town of Beverly Shores, Porter County, or the State of Indiana.
(G) (1) Prior to secondary approval the Building Commissioner shall report in writing to the Plan Commission whether all improvements and installations have been constructed and completed as required by the Subdivision Control Ordinance.
(2) To the extent the improvements and installations do not comply, the Building Commissioner shall state specifically in what respects the improvements and installations do not comply and submit his or her estimate of the cost of satisfactory construction and completion of the improvements assuming a completion date 2 years from the date of secondary approval.
(3) At all times during the development and construction of the subdivision the Building Commissioner shall have the right to inspect all construction and improvements.
(H) A plat of a subdivision may not be filed with the auditor, and the Recorder may not record it, unless it has been granted secondary approval and signed and certified by the Plan Commission President. The filing and recording of the plat is without legal effect unless approved by the Plan Commission.
(I) (1) When a bond is required, the President and the Secretary shall endorse approval on the plat only after the bond has been approved by the Plan Commission, and all the conditions of the approval pertaining to the plat have been satisfied.
(2) When installation and improvement is required, the President and the Secretary shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed.
(3) There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the local Superintendent of Streets and Town Attorney that the necessary dedication of public lands and improvements has been accomplished.
(J) (1) President and Secretary shall sign the reproducible Mylar, tracing cloth or sepia prints of the subdivision plat and return 2 copies to the applicant, 1 of which is to be recorded with the County Recorder.
(2) A signed copy of the construction plans shall also be returned.
(3) Within 20 days of the date of signature the subdivider shall file the plat with the County Recorder, record the agreement of dedication together with the legal documents as shall be required to be recorded by the Town Attorney and deliver record marked copies of same to the Town Attorney.
(Ord. 208, passed 12-19-1983) Penalty, see § 155.999