A.   The regular meetings of the Plan Commission shall be the third Thursday of each month at 6:30 p.m., unless otherwise announced by the President at the last preceding regular meeting. Public hearings shall be set for 6:30 p.m., or as soon thereafter as it may be heard on the agenda that evening. The Plan Commission will attempt to handle preliminary matters such as setting public hearings or special inquiries prior to any public hearing set at that particular meeting.

   B.   Special meetings.

      1.   Special meetings of the Plan Commission may be called by the President or by two members upon written request to the Secretary. The Secretary shall send a written notice, fixing the time and place of the meeting, to all members and press entitled to notice at least 48 hours in advance of any special meeting. The Secretary shall also post a copy of the said notice in the Town Hall at least 48 hours before any specially called meeting.

      2.   A special meeting may be requested by petitioner, and if the Plan Commission grants such special meeting, the petitioner will be required to pay a fee of $1,000 to the Clerk-Treasurer within two business days following the granting of the request in order to defray the town’s cost for the special meeting.

      3.   Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting.

   C.   Emergency meetings may be called by the President or Secretary giving notice as provided in I.C. 5-14-1.5-5(d).

   D.   A majority of the members shall constitute a quorum. No action of the Plan Commission is official, however, unless authorized by a majority of the full Plan Commission at a regular or properly called special emergency meeting.

   E.   All meetings shall be governed by an agenda, which shall be posted prior to the meeting at the entrance to the location of the meeting.

   F.   Decisions of the Plan Commission shall be by roll call vote of the members. Upon request of any member of the Plan Commission, any vote shall be taken by written ballot, signed by the member voting and then read aloud by the Secretary.

   G.   The Secretary of the Plan Commission or, in his or her absence, a Secretary pro tem appointed by the President or presiding officer shall keep the official minutes of all proceedings, which shall include:

      1.   Date, time and place of meeting;

      2.   The members present and absent;

      3.   The general substance of all matters proposed, discussed or decided; and

      4.   A record of all votes taken, by individual members, if there is a roll call. The Secretary shall submit the minutes of the previous meetings to the next regular meeting of the Plan Commission for approval. When approved, the record shall be signed by the President and attested by the Secretary. Once approved, the minutes shall be filed with the office of the Clerk-Treasurer and shall be open to the public for inspection and copying.

   A.   At its first regular meeting in January, the Plan Commission shall elect, from its members, a President and Vice-President. Officers may be elected at the final December meeting if all members will remain on the Plan Commission for the following year.

   B.   The Vice-President shall have the authority to act as President of the Plan Commission during the absence of the President. In the event of resignation or removal of the President, a new President shall be elected from the members at its next meeting.

   C.   1.   The Plan Commission shall fill the office of Secretary at its first regular meeting in January.

      2.   The person so appointed need not be a member of the Plan Commission.

      3.   It shall be the duty of the Secretary to prepare minutes of all its meetings and to administer all official records of the Plan Commission.

      4.   The official records of the Plan Commission shall be located at the Town Hall.

   D.   The Plan Commission may appoint employees necessary to the discharge of the duties and responsibilities of the Plan Commission and shall recommend the compensation for such employees to the Town Council.

   E.   The Plan Commission shall appoint one of its citizen members to the BZA for a term of four years or whenever that member’s term on the Plan Commission expires, whichever is sooner. That appointment shall be made at its first regular meeting in January the year the appointment is to be made.

   F.   1.   The Plan Commission shall appoint a Plat Committee and a Secretary for the committee at its meeting in January every year. The Plat Committee consists of three persons, with at least one member being a member of the Plan Commission.

      2.   The appointments take effect beginning February 1 and shall be for a term of one year.

   G.   A member of the Plan Commission may not participate in a hearing or decision of the Plan Commission concerning a matter in which he has a direct or indirect financial interest or for other reasons brought to the attention of the Plan Commission and which disqualification is approved by the Plan Commission. The Plan Commission shall enter in its records the fact that a regular member has such a disqualification and the name of the alternate member, if any, who participates in the hearing or decision. Said alternate member, if any, shall be appointed by the authority of the appointing body or the regular member who has been disqualified.

   A.   A petitioner seeking official action of the Plan Commission shall file the appropriate petition in the office of the Clerk-Treasurer on forms prescribed. The Clerk-Treasurer shall forward all petitions received to the Secretary of the Plan Commission. Petitions include:

      1.   An amendment to the Unified Comprehensive Zoning and Subdivision Control Ordinance;

      2.   Rezoning of a parcel of land;

      3.   Subdivision of land; and

      4.   Seeking a PUD District ordinance.

   B.   1.   All petitions must be filed with the Clerk-Treasurer by 12:00 noon, at least ten days prior to the next regular meeting of the Plan Commission.

      2.   Untimely filed petitions shall not be heard until the next month’s regular Plan Commission meeting, unless a special meeting is requested and granted pursuant to these rules.

      3.   However, the Plan Commission may waive the requirements of this section upon a showing of good cause by the unanimous vote of all members present.

      4.   The purpose of the time requirements of this section is to allow Plan Commission members the opportunity to examine and study any petition and to conduct any investigation deemed advisable.

   C.   All such petitions not initiated by the Plan Commission itself shall be accompanied by a filing fee in the form of a certified check or money order of:

 

 

   D.   If the Plan Commission finds that a petition is in good order and all items contained within the applicable checklist have been provided, the Plan Commission will set a time and place for a public hearing on the matter. Notice of the time and place of the public hearing shall be given to the petitioner by the Plan Commission.

   E.   1.   The petitioner shall include with every petition requiring a public hearing a scale map showing the location and ownership of property within 300 feet of the perimeter of the property, which is the subject matter of the petition, as those owners are shown of record in the office of the Auditor of the county. At least ten days prior to the date set for public hearing, the petitioner shall notify the owners of property within the aforesaid 300 feet of the date, time, place and subject matter of the public hearing. Such notice shall be accomplished by either:

         a.   Certified mail, return receipt requested, the form of which notice is set forth in Exhibit C of these rules and regulations; or

         b.   By actual delivery to such owner, written notice which will be evidenced by the owner’s written signature acknowledging the receipt of such notice.

      2.   Notice is waived by any person entitled to notice but who did not receive the same if that person attends the public hearing.

   F.   Proof of notification  shall be turned into the Clerk-Treasurer’s office by Monday of the week of the hearing, for forwarding to the Plan Commission Secretary.

   G.   1.   At least ten days prior to the date of the public hearing, the petitioner shall cause notice of the public hearing to be published in a newspaper of general circulation within the town. The only newspaper that qualifies at this time is the Chesterton Tribune. The form for the notice of public hearing shall be Exhibit E (Notice of Public Hearing before the Chesterton Advisory Plan Commission).

      2.   The petitioner shall pay all costs of the notice of public hearing and provide proof of publication to the Plan Commission and proof of payment of the costs of the public hearing.

   A.   Each petition filed before the Plan Commission shall be in proper form using the attached Exhibits, shall be numbered serially beginning with the year of the petition, and placed on the Plan Commission’s agenda (e.g., the first petition of 2001 will be numbered 01-1, the second petition will be 01-2 and the like).

   B.   The agenda for all regular meetings shall be as follows:

      1.   Call meeting to order;

      2.   Pledge of Allegiance to the Flag;

      3.   Approval of minutes of previous meeting;

      4.   Comments from the public;

      5.   Preliminary hearings;

      6.   Concept review;

      7.   Public hearings;

      8.   Old business;

      9.   New business;

      10.   Miscellaneous matters; and

      11.   Adjournment.

   A.   Every person appearing before the Plan Commission shall abide by the order and directions of the President. Discourteous, disorderly or contemptuous conduct shall not be tolerated and will be dealt with as the Plan Commission directs.

   B.   1.   The order for all public hearings will be as follows:

         a.   Petitioner presents all facts and arguments in support of the petition;

         b.   All person wishing to speak in support of the petition shall be heard;

         c.   All person wishing to speak in opposition to the petition shall be heard;

         d.   Petitioner has right of rebuttal;

         e.   Public comment portion of the public hearing will be closed by President;

         f.   Plan Commission asks for comments from staff;

         g.   Plan Commission may ask questions of any person concerning the petition;

         h.   Plan Commission may discuss the matter;

         i.   Public hearing shall be closed upon motion and affirmative vote of the majority of the entire Plan Commission; and

         j.   Plan Commission makes dispositive motion on the petition.

      2.   At any point during the proceedings, the Plan Commission may, in its sole discretion, continue the public hearing upon an affirmative vote of a majority of the members of the entire Plan Commission. Once a public hearing is closed, it shall remain closed unless the Plan Commission, by a majority vote of the members of the entire Plan Commission, decides to reopen same.

   C.   In presenting a petition, the burden shall be upon the petitioner to convince the Plan Commission of the petition’s merits. The petitioner should supply all information necessary for a clear understanding of the proposal including, but not limited to, charts, plats, diagrams, elevation of soil and roads, distances and lengths thereof and any other exhibits deemed desirable by the Plan Commission. One reason for a continuance of any hearing shall be the Plan Commission’s judgment that the petitioner has not provided sufficient information for a decision at that time.

   D.   1.   In considering changes to the Chesterton Zoning Map, the Plan Commission shall, in accordance with I.C. 36-7-4-603, pay reasonable regard to:

         a.   The Comprehensive Plan;

         b.   Current conditions and the character of current structures and uses in each District;

         c.   The most desirable use for which the land in each District is adapted;

         d.   The conservation of property values throughout the jurisdiction; and

         e.   Responsible development and growth.

      2.   All petitioners for changes to the Chesterton Zoning Map shall present to the Plan Commission written and/or oral material which addresses the five factors set forth above along with any other facts or circumstances the petitioners deem appropriate. The petitioners shall also utilize Exhibit F in submitting proposed findings to the Plan Commission for its consideration. The Plan Commission shall utilize Exhibit F as a form in arriving at any recommendation on a petition to change the Chesterton Zoning Map.

   A.   Persons wishing to submit petitions before the Plan Commission should contact the Building Department’s office of the town to receive a copy of these rules and regulations with checklists which are provided to help the petitioner better understand the practice and procedure before the Plan Commission. The cost is $10.

   B.   Petitions accompanied by necessary plans and specifications shall be filed in the office of the Clerk-Treasurer in 17 copies. The petitioner shall pay the required filing fee to the Clerk-Treasurer, who shall give petitioner a receipt for the same. The Clerk-Treasurer shall note the date the petition is filed, and shall promptly notify the Secretary of the Plan Commission, who shall have the responsibility to distribute the petitions to the various members of the Plan Commission.

   C.   All petitions must be filed by 12:00 noon ten days prior to the next regular meeting of the Plan Commission in accordance with Article III.B. of these rules and regulations.

   D.   All public hearings are set by the Plan Commission at its regular or special meetings. Since it is the desire of the Plan Commission not to burden any one particular meeting with too many public hearings, the petitioner must appear before the Plan Commission to obtain a date and time for any public hearing requested.

   E.   The 17 petitions required to be submitted in accordance with subsection B. above shall be submitted by the Plan Commission’s Secretary as follows: seven to Plan Commission members, one for town’s file, one for the Building Commissioner, one for the Town Engineer, one for the Street Department, one for the Utilities Department, one for the Park Department, one for the Fire Department, one for the Police Department, one for the Clerk-Treasurer and one for the Town Attorney. The Plan Commission urges the petitioner to take the initiative in utilizing the advice of the various town department heads concerning petitioner’s plans. This initiative can be taken by contacting the Building Commissioner to schedule an appearance at a department head meeting. The department head meeting shall address matters such as streets, utilities, drainage and all other matters deemed advisable by the department heads.

   F.   It shall be the petitioner’s responsibility to comply with the notice requirements set out in these rules and regulations in Article III. A scaled plat showing ownership within 300 feet is required to be attached to the petition and evidence of actual notice or notice by registered or certified mail is required to be presented prior to any public hearing for any rezoning, plat of subdivision, PUD District ordinance.

   G.   The Commission may dismiss a case for want of prosecution or lack of jurisdiction. When a petitioner has failed to appear at two consecutive meetings, the case shall be dismissed for want of prosecution.

   H.   A petitioner may not withdraw a case after a roll call vote has been ordered by the President.

   I.   All cases dismissed for want of prosecution or decided adversely to the petitioner shall not be allowed to be refiled until one year from the date of the applicable action taken. All cases withdrawn by the petitioner shall not be again placed on the docket within a period of six months after the date of withdrawal.

   J.   Attached to these rules are the forms to be used by the petitioner in complying with these rules and regulations. They are:

      1.   Petition to the Chesterton Advisory Plan Commission for a Change to the Chesterton Zoning Map (Exhibit A);

      2.   Petition to the Chesterton Advisory Plan Commission for Plattage of Property (Exhibit B);

      3.   Form of Notice to Property Owners Within 300 Feet (Exhibit C);

      4.   Form of Acknowledged Delivered Notice on Owners Within 300 Feet (Exhibit D);

      5.   Form of Notice of Public Hearing Before the Advisory Plan Commission (Exhibit E);

      6.   Recommendation on a Petition for a Change in the Chesterton Zoning Map Before the Chesterton Advisory Plan Commission (Exhibit F);

      7.   Findings and Action Taken on Petitioner’s Request for Primary Plat Approval for a Subdivision before the Chesterton Advisory Plan Commission (Exhibit G);

      8.   Street Light and Fire Hydrant Agreement (Exhibit H);

      9.   Irrevocable Letter of Credit Infrastructure Guarantee (Exhibit I);

      10.   Irrevocable Letter of Credit Sidewalk Guarantee (Exhibit J);

      11.   Surety Bond Infrastructure Guarantee (Exhibit K);

      12.   Surety Bond Sidewalk Guarantee (Exhibit L);

      13.   Irrevocable Letter of Credit Infrastructure Maintenance Guarantee (Exhibit M);

      14.   Irrevocable Letter of Credit Sidewalk Maintenance Guarantee (Exhibit N);

      15.   Surety Bond Infrastructure Maintenance Guarantee (Exhibit O);

      16.   Surety Bond Sidewalk Maintenance Guarantee (Exhibit P);

      17.   Petition for a Planned Unit Development District Ordinance (Exhibit Q); and

      18.   An Ordinance of the Town of Chesterton, Porter County, Indiana, Establishing a Planned Unit Development District (Exhibit R).

   A.   The Plan Commission or its designees have exclusive control over approval of plats and appeals. The Plan Commission is an advisory body concerning changes to this appendix (including Zoning Map), changes to the subdivision control ordinance, and proposal for PUD District ordinances. Advisory decisions of the Plan Commission calling for recommendations to the Town Council shall be certified by the Plan Commission’s Secretary to the Town Council by delivering the certification to the town’s Clerk-Treasurer promptly and in the manner prescribed by law.

   B.   Prior to receiving secondary plat approval for a subdivision, including secondary plat approval for subdivision that involve PUD District ordinances, the petitioner must provide the appropriate guarantees for the installation of infrastructure improvements, sidewalks, and/or maintenance guarantees as required in § 1000-24B.2. of this appendix. All guarantees pursuant to this section and the above-described section of the town code shall be submitted to the Town Attorney for compliance with legal requirements and then returned to the Planning Director and file the original in the office of the Clerk-Treasurer. Secondary plat approval may occur at any time within two years after primary plat approval. The only exception to this rule is that no secondary plat approval shall take place for any plats approved by the Plat Committee until the ten-day appeal time has run from the Plat’s Committee’s initial approval in accordance with I.C. 36-7-4-710.

   C.   No building permits shall be issued for any subdivision including PUDs until a copy of the recorded plat is on file in the town’s Building Commissioner’s office.

   D.   All petitioners for secondary plat approval for subdivisions, including PUDs, shall present ten black or blue lined prints and three Mylar sepias of the plat which provides for the signatures of the Planning Director and Secretary showing the plans have been approved. Additional Mylars may be submitted for the developer’s use. Once the Mylars are signed, 12 black or blueline prints of the signed and approved secondary plat shall be submitted to the Building Commissioner for recording purposes. All subdivisions, including PUDs, shall have the following statement on them:

“In the event there is a conflict between any items shown on the approved Mylar and the standards contained in the Town Code as it exists at the time of Secondary Plat approval, the approved Mylar will be governed and interpreted by the standards contained in the Town Code.”

   E.   The town’s department heads inspect the infrastructure in subdivisions and PUDs for which improvement guarantees, sidewalk guarantees and/or maintenance guarantees exist. The Plan Commission requests that the department heads submit a written report concerning the required infrastructure installation or infrastructure maintenance to the Plan Commission at least 30 days prior to the expiration of all guarantees.

(Ord. 2008-05, passed 4-14-2008)

   Amendments to these rules of practice and procedure may be made by the Plan Commission at any public meeting upon the affirmative vote of a majority of the members of the entire Plan Commission. The suspension of any rule of practice and procedure in a particular case may be ordered at any public meeting upon the affirmative vote of a majority of the members of the entire Plan Commission.

 

 

   A.   Location map showing

      1.   Location within the town;

      2.   Zoning of tract and adjacent properties; and

      3.   Existing related streets including the distances therefrom.

   B.   Site map of subdivision and land within 100 feet of its boundaries showing:

      1.   Contours of the site at vertical intervals of two feet if the general slope is less than 10%, and at intervals of five feet if the general slope is greater than 10%;

      2.   Character and location of natural or artificial features existing on the land which would affect the design of the subdivision, such as wooded areas, streams, direction and gradient of ground slope, embankments, retaining walls, buildings or non-residential usage of land;

      3.   Names of owners of properties contiguous to the subdivision;

      4.   Existing and proposed streets and rights-of-way, including dedicated widths, roadway widths, approximate gradients; types and widths of pavements, curbs and sidewalks;

      5.   Existing and proposed easements, including widths and purposes;

      6.   Utilities, including the size, capacity and location of sanitary sewers, storm sewers, drainage facilities, water lines, gas lines, gas mains, power lines and telephone lines;

      7.   Areas subject to periodic overflow of flood or storm waters;

      8.   Subsurface conditions, including information about ground water levels and stability of subsoils;

      9.   Tract boundary lines by calculated distances and bearings; and

      10.   Title, graphic scale, north point and date.

   C.   A subdivision plat of the proposed subdivision drawn at a scale no smaller than 100 feet to one inch showing:

      1.   Subdivision name;

      2.   Names and addresses of owner, subdivider and person who prepared the plan;

      3.   Street pattern, including the names (which shall not duplicate existing streets in the town unless it is an extension of an existing street), widths of rights-of-way of streets, widths of easements for alleys and approximate grades of streets;

      4.   Layout of lots, including dimensions, numbers, building setback lines or front yard lines and street addresses;

      5.   Parcels of land to be dedicated or reserved for schools, parks, playgrounds or other public or community use; and

      6.   Key plan, legend, notes, graphic scale, north point and date.

   D.   Engineering plans showing:

      1.   Profiles, cross-sections and specifications for proposed street improvements;

      2.   Grading plan showing elevation of proposed improvement on each lot, swales, ditches and storm sewers affecting drainage of each parcel and of the subdivision generally;

      3.   Profiles and other explanatory data concerning installation of water distribution systems, storm sewers and sanitary sewers;

      4.   A report on the feasibility of connection to an existing sewerage system, including distances to the nearest public sewer, and service load of the subdivision;

      5.   If connection to a public sewerage system is not feasible, a report on the feasibility of a separate sewerage system and treatment works for the subdivision, including the design, population, type and location of the treatment plant and the receiving stream;

      6.   If connection to a public or private sewerage system is not feasible, a report on the feasibility of on-lot sewage disposal, including a detailed map of the physical conditions of the site, contours, finished grades, watercourses, ground water table elevations and the results of soil percolation tests for each individual lot conducted in accordance with the recommended practices of the state’s Board of Health;

      7.   A Tree Allocation Plan pursuant to § 1000-78 of the Town Code; and

      8.   All infrastructure in any subdivision in the town must comply with the existing requirements of the ADA and be compliance certified by the engineer for the subdivider

   E.   Restrictions; a draft of the protective covenants or private restrictions to be adopted in the secondary subdivision plat.

   F.   Certificates of approval; a certificate for completion by the Plan Commission shall be shown on the primary plat as follows:

 

 

   A.   Subdivision names, names and addresses of owner and subdivider, source of title or land as shown by the books of the County Recorder, graphic scale, north point and date;

   B.   Survey date with certification by a registered land surveyor, showing:

      1.   Acreage or part thereof of each lot, and calculated distances and bearings of the subdivision boundaries, lots, utility easements, streets, alleys, building setback lines and parcels reserved or dedicated land for community purposes;

      2.   Location and distances to the nearest established street corners or official monuments and of the streets intersecting the boundaries of the subdivision;

      3.   Location, type, material and size of monuments;

      4.   Complete curve data; and

      5.   Lot numbers, street names and addresses.

   C.   Notations as to whether improvements are dedicated or not;

   D.   The following certificates:

      1.   Certificate of dedication.

 

 

      2.   Certificate of acknowledgment.

 

 

 

 

      4.   Certificate of approval.

 

 

      5.   Mylar. The Mylar must carry the following statement: “In the event there is a conflict between any items shown on the approved Mylar and the standards contained in the town code as it exists at the time of secondary plat approval, the approved Mylar will be governed and interpreted by the standards contained in the town code.”

   A.   Submission. After primary plat approval is obtained, the subdivider shall submit a secondary plat to the Planning Director as set forth in § 1000-38 of this chapter. The secondary plat shall be filed not later than two years after the primary plat approval. If two years have elapsed following the approval of the primary plat without the secondary plat approval, the Planning Director may require the subdivider to submit a new primary plat for approval.

   B.   Accompanying material. The secondary plat shall be accompanied by:

      1.   Ten black or blue line prints and three Mylar sepias of the plat. Additional Mylars may be submitted for the developer’s use. Once the Mylars are signed, 12 black or blueline prints of the signed and approved secondary plat shall be submitted to the Building Commissioner for recording purposes;

      2.   A certificate from the appropriate town department that all improvements required by this chapter and all other applicable town ordinances have been installed in strict accordance with the standards of construction of the town, or guaranteed that the improvements will subsequently be installed by the owner in the form of a surety bond, an irrevocable letter of credit or any other guarantee that is first approved by the Planning Director that will cover 100% of the costs of all required improvements as estimated by the Town Engineer and approved by the Planning Director. The aforementioned guarantee for the costs of requirement improvements shall be posted at the time of secondary plat approval consistent with § 1000-24.B.2. of this appendix and using the appropriate forms as labeled Exhibit I through Exhibit P;

      3.   The Mylar sepias of the secondary plat shall be submitted within 90 days after receiving tentative approval of the secondary plat; and

      4.   Street light and fire hydrant agreement entered into pursuant to § 1000-81 of this appendix, and proof of payment shown (Exhibit H).

   C.   Approval or disapproval. The Planning Director, (or his or her designees), after consultation with legal counsel, the Town Engineer and other department heads, is authorized to approve secondary plats for the town. He or she may, however, refer the secondary plat to the Advisory Plan Commission for consideration if, in his or her sole discretion, he or she determines that the secondary plat constitutes a substantial deviation from the approved primary plat. In such cases, the Plan Commission shall review the submitted secondary plat to determine whether the developer shall be required to submit an amended primary plat. If the Planning Director, after consultation with legal counsel, the Town Engineer and other department heads, finds that the secondary plat is in accordance with the requirements of this chapter, he or she shall affix the Plan Commission’s seal upon the plat, and shall endorse the plat and return it to the subdivider. If disapproved, he or she shall attach to the original tracing of the secondary plat a statement of the reasons for such action and return it to the subdivider.

   D.   Recording. At the time of secondary plat approval, developers will be required to submit three Mylars, 12 blueprints and a check made out to the County Recorder in an amount sufficient to pay all recording fees. Additional Mylars may be submitted for the developer’s use. The Building Commissioner will record all subdivision approved Mylars with the County Recorder.

   E.   Copy to be filed with Building Commissioner. A copy of the recorded plat shall be filed with the Building Commissioner within 30 days after the same has been recorded with the County Recorder. The Building Commissioner shall note any deviation in the approved secondary plat and the recorded Plat and the recorded plat and report the same to the Planning Director and/or the Plan Commission for appropriate action.

(Ord. 2008-05, passed 4-14-2008)

   A.   An area map showing the property proposed to be developed as a PUD and also adjacent property owners and existing uses located within 300 feet of the parcel in question;

   B.   A legal description of the parcel proposed as a PUD;

   C.   A list of all requested variances from the Unified Comprehensive Zoning and Subdivision Control Ordinance that the petitioner wishes to be a part of this PUD;

   D.   A list including location of all proposed uses to be contained within the PUD; and

   E.   A sketch plan approximately to scale, though it need not be to the precision of a finished engineering or architectural drawing, that clearly shows the following:

      1.   The existing features of the site including topography;

      2.   The proposed location of the various uses and their areas in acres;

      3.   The general outlines of the proposed interior roadway system and all existing rights-of-way and easements, whether public or private;

      4.   Delineation of the various residential areas indicating for each such area its general extent, size and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling type;

      5.   Delineation of the various non-residential areas such as business or industrial areas, indicating for each such area its general extent, size and composition in terms of total number of buildings and approximate percentage allocation by unit type;

      6.   A calculation of the residential density in dwelling units per gross acre including interior roadways;

      7.   The interior open space system including land to be utilized for park and recreational purposes;

      8.   Where portions of the site are subject to flooding, the plan shall indicate extent and frequency;

      9.   Where areas lie in aircraft approach and holding patterns such areas shall be indicated;

      10.   The proposed provision for disposition of storm water and sanitary sewage and source of water service;

      11.   The substance of any covenants, grants, easements or any other restrictions to be imposed upon the land or buildings including easements for public utilities;

      12.   The proposed provisions for streets, walkways and parking including locations and widths;

      13.   The general description of the availability of other community facilities such as schools, fire protection services, parks and how these facilities will be affected by the proposal;

      14.   General statement as to how common open space is to be owned and maintained; and

      15.   If the development is to be phased, a general indication of how the phasing is to proceed.

   A.   Name and address of petitioner;

   B.   Legal description of proposed PUD District;

   C.   A copy of the recorded document showing petitioner’s ownership interest in this parcel;

   D.   All town standards, use and development standards unless the variances to same are specifically delineated;

   E.   Delineation of all uses and area in acres of each proposed use;

   F.   Total number of residential units and percent of each type of each residential uses;

   G.   Delineation of each business and/or industrial use, and total area in acres of each business and/or industrial use;

   H.   Phasing schedule of development;

   I.   Detailed description of location and proposed use for all proposed open and/or recreational spaces;

   J.   General description of community services available to the proposed PUD District’s residents including schools, fire protection, parks and all public/private utilities;

   K.   General statement on proposed ownership and maintenance of common open space;

   L.   Proposed construction schedule;

   M.   A general statement demonstrating how the proposed PUD District ordinance conforms to:

      1.   The objectives of PUD Districts as set forth in § 702 of this appendix, which shall include a specific written submission concerning § 708S. of this appendix, having to do with preservation of natural topographical and geological features of the land in a proposed PUD District; and

      2.   A list of all proposed written commitments concerning the use and development of the land contained in the proposed PUD District ordinance.

   A.   An area map showing the property under consideration and all properties and easements within 300 feet of petitioner’s property;

   B.   A topographic map showing contour intervals of not more than two feet of elevation shall be provided;

   C.   The drawing shall include:

      1.   The name and address of the petitioner;

      2.   Legal description of proposed PUD District;

      3.   North point, scale and date;

      4.    Boundaries of the properties platted to scale;

      5.   Existing water courses;

      6.   A development plan showing location, proposed use and height of all buildings;

      7.   Location and proposed development of all open spaces including parks, playgrounds and open reservations;

      8.   All areas where natural vegetation will be preserved shall be noted;

      9.   Location of outdoor storage, if any; and

      10.   Location of all existing and proposed infrastructure improvements, including roads, sidewalks, pedestrian ways, bike paths and the like, drains, culverts, retaining walls and fences, retention or detention ponds and the like, descriptions of the methods of sewages and solid waste disposal and water utility, and location of such facilities, location and size of all signs, location and design of all streets, parking and truck load areas with ingress and egress drives relating to same and including proposed lighting for parking or truck loading areas;

   D.   A transparent overlay or separate map showing all soils, areas and their classifications, including those areas with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion.

   A.   After completion of heating, electrical, plumbing and enclosure of structure;

   B.   Filing with Town Engineer and Building Commissioner as-built drawings showing material, size, and location of water and sewer lines, shut-off valves, meters and other miscellaneous data;

   C.   Location survey showing location of improvements on parcel; and

   D.   All corners of the lot have been staked by registered land surveyor.

   A.   The Building Commissioner has inspected the premises and finds the same to substantially comply with the ordinances of the town, the rules and regulations of the Administrative Building Council of the state when applicable, and that the premises are safe and habitable;

   B.   The reason for the inability of the Building Commissioner to issue an occupancy permit shall be reduced to writing, delivered to any person over the age of 18 years who is going to occupy the premises; and

   C.   The Building Commissioner received from all proposed occupants of the premises over 18 years of age a written indemnity holding the town harmless from any and all causes of action for damage or injury which may result by reason of issuing said temporary occupancy permit and a statement which may be part of the indemnity acknowledging that if the cause is not cured within the time prescribed by the Building Commissioner those who occupy the premises agree to vacate unless otherwise so ordered by the Building Commissioner.