Established for all Zoning Districts. As prescribed by I.C. 36-7-4-1401.5, the Hamilton Town Council hereby designates that a development plan shall be required for all proposed developments, larger than one acre in size, that do not involve the subdivision of land, in all zoning districts established in § 153.35, and which are illustrated on the Town of Hamilton, Indiana Zoning Map.

(Ord. 2004-20, passed 10-4-04; Am. Ord. 2007-01, passed 2-5-07)

   (A)   The land proposed for development must be owned under single ownership, or be owned either:

      (1)   Jointly by the owners of all property included in the development (including the holder of any written option; or

      (2)   By any governmental agency.

   (B)   A planned development may contain residential, commercial, industrial, professional, or special uses as an integral part of the development.

   (C)   The proposed development must be designed to produce an environment of stable and desirable character capable of supporting the proposed use of the property. It must include provisions for drainage, parking, utilities and ingress-egress adequate for the occupancy proposed or otherwise in compliance with this subchapter.

   (D)   Division of land. Any development plan proposal that includes the subdivision of land into platted lots will be considered a “non-residential subdivision” by the Town of Hamilton and will be submitted under, and reviewed according to, the requirements of the Town of Hamilton, Indiana Subdivision Ordinance (Chapter 152).

   (E)   A development plan proposal that may contain a proposed later division of the land into separate units under one ownership or into one or more separately owned and operated units, and that will be described by metes and bounds measurement, shall be clearly designated on the plan by both text and drawing.

   (F)   If approved with a development plan, such a proposed division maybe made without further approval by the Commission. Later divisions of land within an approved plan may otherwise be made only upon reapplication to the Commission for approval of a revised development plan and resubmission to the Commission.

   (G)   No improvement location permit or certificate of occupancy may be issued unless all requirements, conditions, and specifications shown on the development plan, as approved by the Commission, and supporting documents have been met.

   (H)   Upon the abandonment of a planned development, or upon the expiration of a one-year period after authorization during which a development has not been initiated, then the authorization expires. The Zoning Administrator shall then send a notice to the applicant that the approval has expired, unless the Commission has granted an extension of time, which extension shall be considered only upon written application of the developer.

   (I)   Political and jurisdiction boundaries. To eliminate potential jurisdictional disputes, and to ease effective coordination and planning of development, the Commission shall be guided by the following policy.

      (1)   Whenever access to the development is required across land within another local government jurisdiction, the Commission shall request assurance from the attorney for said jurisdiction that such access is legally established, and from the designated engineer for said jurisdiction that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in an amount to assure construction of the access road.

      (2)   Parcel lines within a development shall be laid out to not cross boundary lines between adjacent units of local government, each of which has a separate, autonomous governing body.

(Ord. 2004-20, passed 10-4-04)

   (A)   Purpose. The documents to be submitted are intended to provide the Commission with sufficient information and data to assure compliance with all applicable codes and specifications, and to ensure that the proposed development meets the design and improvements standards contained in this subchapter.

   (B)   Requirements. The documents to be submitted with an application are listed below. In specific cases, and for documented reasons, the Commission may waive, by rule in a public hearing, the submission of a particular document. The reasons for the waiver shall be shown in the Commission minutes. The Commission’s ability to waive specific application documents under this section does not extend to waiving other requirements of this subchapter, nor can the Commission grant variances from the requirements of the Hamilton Zoning Regulations. Use and development variances for items proposed in a development plant are granted by the Hamilton Board of Zoning Appeals under § 153.05.

(Ord. 2004-20, passed 10-4-04)

   (A)   Location map. The applicant shall provide a location map illustrating the following information:

      (1)   Development name and location;

      (2)   Thoroughfares related to the development;

      (3)   Existing elementary and high schools, parks, playgrounds and other community facilities within the area of the proposed development that may serve the development; and

      (4)   Title, scale, northpoint and date.

   (B)   Development plan - required contents.

      (1)   The applicant shall provide a development plan illustrating the following items:

         (a)   Major streets and highways serving the plan area;

         (b)   School and recreation sites serving the plat area;

         (c)   Shopping centers serving the plan area;

         (d)   Water, sanitary sewer and drainage facilities serving the plan area;

         (e)   Community facilities serving the plan area; and

         (f)   Other developments within the vicinity of the plan.

      (2)   These items shall be illustrated on a development plan prepared by a registered land surveyor or engineer illustrating the following:

         (a)   The proposed name of the development;

         (b)   The names and addresses of the owner(s) and registered land surveyor and engineer;

         (c)   Commission’s certificate regarding deed of dedication;

         (d)   1.   All streets and rights-of-way, on and adjoining the site of the proposed development, showing the names, roadway widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks, tree planting and other pertinent data;

            2.   New streets proposed as part of a development plan shall not duplicate the names of existing streets with Hamilton, unless an existing street will be extended. All proposed street names are subject to Commission approval;

         (e)   Easements, including locations, widths and purposes;

         (f)   A statement concerning the location, depth and approximate size or capacity of all utilities to be installed within the proposed development;

         (g)   The layout of lots, showing the dimensions, number designation and square footage for each lot;

         (h)   Any parcels of land the developer proposes to dedicate or reserve for schools, parks, playgrounds or other public, semi-public or community purposes;

         (i)   Contours at vertical intervals of two feet, if the slope of the site is less than 10%, and at vertical intervals of five feet if the general slope is 10% or greater;

         (j)   A Drainage Plan, including narrative and illustrations, indicating how the plan will be drained, how stormwater runoff will be detained, how detained runoff will be out flowed, and where runoff will be outflowed;

         (k)   Tract boundary lines showing dimensions, bearings and angles, which are referenced to known landlines or benchmarks;

         (l)   Building setback lines;

         (m)   Legend and notes;

         (n)   Other features or conditions;

         (o)   Scale, northpoint and data;

         (p)   1.   Construction plans illustrating the location of all sanitary sewers, storm sewers and water mains within the development plan; their elevations, inverts, and all relevant notes; street cross-sections, gradients and paving notes; sanitary tap locations, manhole details, bedding details, inlet details, backfill requirements, and any other information required by the Commission. The developer shall also provide any permits or approvals required from other state, county or local government agencies; or private utility companies for driveway cuts, drainage into a county regulated drain, use of an existing easement, etc.;

            2.   A development plan shall be drawn to a scale of 50 feet to one inch, or 100 feet to one inch. However, if the resulting drawing would be over 36 inches in shortest dimension, a different scale recommended by the Commission may be used;

            3.   The Commission may require additional information on a development plan if it deems necessary.

   (C)   Certifications. The applicant shall certify on the development plan that access to the land proposed for development will be provided over either existing public streets, or over streets to be constructed by the applicant. The applicant shall also certify that the proposed development will not be constructed if the Plan Commission finds that the land proposed for development is unsuitable for such use because of flooding, improper drainage, objectionable earth and rock formations, topography, or any other feature harmful to the health and safety of the community as a whole.

   (D)   Covenants. A description of the protective covenants or private restrictions to be incorporated in the development plan (if applicable).

   (E)   Development name. The proposed name of the development shall not duplicate, or too closely approximate phonetically, the name of any other development, subdivision or manufactured housing park within the town. The Commission shall reserve final authority to designate the name of the development at the time of approval.

(Ord. 2004-20, passed 10-4-04)

   To expedite plan and application review, ensure that a proposed plan complies with the provisions of this subchapter, and to reduce design and development costs, a preapplication conference shall be held between Town of Hamilton officials and the developer and his/her representatives. The Commission will not hold a public hearing regarding a development plan until such a conference occurs.

(Ord. 2004-20, passed 10-4-04)

   (A)   The developer shall submit five copies of all required plans, maps and data to the Plan Commission office at least 42 days prior to a regularly-scheduled Commission meeting date. The Commission staff, and other relevant town officials shall review the plan and provide written comment to the developer, noting any required changes or modifications as follows:

      (1)   A plan shall be routed and reviewed by the following town departments and/or officials:

         (a)   Superintendent of Water Utilities;

         (b)   Superintendent of Streets;

         (c)   Town (consulting) Engineer;

         (d)   Town Marshal;

         (e)   Fire Chief;

         (f)   Zoning Administrator;

         (g)   Superintendent of Hamilton Lake Conservancy District;

         (h)   AEP; and

         (i)   Any other town official or interested party determined by the Commission.

      (2)   The above officials shall, after reviewing a plan, note their comments and sign off on a plan review provided by the Commission.

   (B)   (1)   Upon completion of the plan routing process, and the pre-application conference required by this subchapter, the Commission staff shall set a hearing date after completing a written review of the plan. A hearing notice shall be published according to I.C. 5-3-1. The publication cost shall be borne by the applicant.

      (2)   The applicant staff shall also identify affected property owners in the area of the proposed plan. The applicant shall send hearing notices to all identified property owners by certified mail and bear the postage cost.

      (3)   The Commission staff shall notify any governmental unit having a probable interest in the proposed plan application of the hearing date.

   (C)   (1)   The Commission shall then hold a public hearing to review the plan. The Commission shall review and consider all comments on the plan provided during the routing process by town officials.

      (2)   The developer, and/or his/her designated representative, shall be present at the hearing to present the plan, and to answer any questions the Commission or staff may have regarding the plan that arise from the routing process or during the hearing.

      (3)   The Commission shall hear all oral and written comments regarding the plan that may be offered from adjoining property owners, and other interested parties, according to the rules established in the Commission’s Rules of Procedures.

      (4)   The Commission may advise the applicant of any desired changes in the plan before it grants plan approval. The Commission may also place conditions upon a plan. Such conditions must be satisfied before a plan is submitted to the Commission for review and approval.

   (D)   (1)   The Commission shall, by rule, refer the infrastructure construction plans for a plan to the Town Council for review. The Town Council may issue any conditions regarding possible liability of the developer for any damages caused to existing public infrastructure during construction.

      (2)   An applicant whose submitted plan has been disapproved by the Commission, as provided in this ordinance, may not submit another plan for the same property for a period of one year after the date of signed findings for said disapproval.

   (E)   Following approval of the plan by the Plan Commission, and the construction plans by the Town Council, the developer may begin installation of the infrastructure improvements.

   (F)   I.C. 36-7-4-1405, the Commission shall review a development plan to determine if the development plan:

      (1)   Is consistent with the comprehensive plan; and

      (2)   Satisfies the development requirements specified in the zoning ordinance.

   (G)   The Plan Commission may do the following:

      (1)   Impose conditions on the approval of a development plan if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance for approval of the development plan;

      (2)   Provide that approval of a development plan is conditioned on the furnishing to the plan commission of a bond or written assurance that:

         (a)   Guarantees the timely completion of a proposed public improvement in the proposed development; and

         (b)   Is satisfactory to the Plan Commission.

      (3)   Permit or require the owner of real property to make a written commitment under section I.C. 36-7-4-1015.

   (H)   Approval by the Commission is good for a one-year period immediately following approval, unless all parts of the development have been planned and recorded or unless the Commission has granted an extension of time.

(Ord. 2004-20, passed 10-4-04)

   When required by the Commission, covenants must include at least the following provisions satisfactory to the Commission:

   (A)   Adequate provision for an organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of any common facilities jointly shared by those owners.

   (B)   A financial guarantee:

      (1)   That satisfactory maintenance will be provided for any common facilities in accordance with standards prescribed by the property owners’ organization and set forth in the covenants; and

      (2)   That the facilities will be operated and maintained at no expense to the town or any other governmental unit.

(Ord. 2004-20, passed 10-4-04)

   (A)   Private street rights-of-way and pavements in a planned development shall be constructed in conformance with minimum street specifications prescribed by Chapter 152 except as otherwise recommended by the Commission to the Town Council (as a part of the development plan and construction plans) and approved by the Town Council. Exceptions must take account of the street circulation system shown in the development plan.

   (B)   At or near the entrance of each private street on a dedicated public street, the applicant or the private organization shall maintain a signpost carrying a sign, having an area of at least 15 inches by 21 inches, on which is printed and clearly legible in at least two-inch letters the name of the private street and the words “PRIVATE STREET” and, in at least one-inch letters, the words, “NOT DEDICATED FOR PUBLIC USE OR MAINTAINED BY THE PUBLIC.” The material on the sign shall be arranged substantially as follows:

(NAME OF STREET)

PRIVATE STREET

NOT DEDICATED FOR PUBLIC USE

OR MAINTAINED BY THE PUBLIC

   (C)   Private streets shall be maintained by the owners of contiguous or adjacent property, or by the private organization, so that fire, police, health, or sanitation vehicles and public utility vehicles have adequate access to contiguous or adjacent properties. Adequate access includes an adequate turning area.

(Ord. 2004-20, passed 10-4-04)

   (A)   Inspections of the installation of infrastructure within, or serving, a development plan shall be documented by completing the “Testing / Documentation Requirements for New Infrastructure” form provided by the Hamilton Planning Department. Inspections and testing shall be conducted according to the requirements of this form. A town-authorized inspector shall be present when infrastructure is tested. The Town Council will not accept infrastructure proposed for dedication to the town, until said form is properly completed.

   (B)   The town shall designate the Town Engineer, or his or her representative, to inspect the installation and testing of infrastructure within a development plan. The developer, or his authorized contractor, shall notify the town when installation of said infrastructure is complete and testing is to commence. The developer shall pay for the cost of inspections according to a payment fee schedule approved by the Hamilton Plan Commission.

(Ord. 2004-20, passed 10-4-04)

   (A)   As provided by I.C. 36-7-4-1403(d), the requirements of §§ 152.35 through 152.40 are incorporated and referenced herein as being the standards by which development plans shall be reviewed by the Commission.

   (B)   Non-residential developments.

      (1)   A nonresidential plan shall be subject to all the plan content and approval processes prescribed by this subchapter.

      (2)   Standards. The applicant shall display that the proposed street-block-lot-parcel pattern of the nonresidential subdivision is specifically adapted to its anticipated uses, and considers other uses in the vicinity. The following principles and standards shall be observed:

         (a)   Each nonresidential area or parcel shall be shown and marked on the plan as to its intended purpose. Proposals for incremental lot-by-lot development shall also be noted.

         (b)   Proposed parcels shall be suitable in area and dimensions to the types of anticipated development.

         (c)   The Commission may impose special requirements on street, curb, driveway and sidewalk design and construction.

         (d)   Street rights-of-way and pavement construction shall handle the type and volume of anticipated traffic.

         (e)   The Commission may impose special requirements on the installation of public utilities, including water mains, sanitary sewer mains and storm water drainage, the reprocessing of sewage and the storage and disposal of toxic materials. The Commission shall, by rule, refer the infrastructure construction plans for a non-residential development plan to the Town Council for review. The Council may issue any conditions regarding possible liability of the developer for any damages caused to existing public infrastructure during construction.

         (f)   The Commission may impose special requirements to protect adjacent residential areas from any potential nuisance caused by a nonresidential subdivision, including the provision of extra depth on parcels backing onto existing or potential residential areas, and for permanent landscape buffers when necessary.

         (h)   Non-residential development plans shall include a drainage plan. Such plan shall be approved in advance by the Dekalb County Drainage Board or Steuben county Drainage Board, as the case may be, if a regulated drain is affected by the proposed development.

   (C)   Residential Development Plan. A residential development plan shall be subject to all the plan content requirements and approval processes prescribed by this subchapter.

(Ord. 2004-20, passed 10-4-04)

   All persons, firms, or corporations violating any provisions of Chapters 152 or 153 shall be deemed guilty of a violation of said chapter, and shall be fined in accordance herewith and upon conviction shall be fined in accordance with this chapter. Each day such violation is committed or permitted to continue shall constitute a separate offense.

   (A)   No improvement location permit - up to 50% of the receipted construction costs incurred at the time the violation is discovered or up to 50% of the appraised value of the improvements.

   (B)   No certificate of compliance - $75 per day while violation continues or until a permit is issued.

   (C)   No sign permit - $75 per day while violation continues or until approved by the Zoning Administrator.

   (D)    A violation of § 153.23 is punishable by a fine of $50 per violation. Each day a violation continues shall be considered a separate violation.

   (E)   All other violations of Chapter 153 - $75 per day from the date of written notification by the Zoning Administrator until violation ceases.

   (F)   For violations of Chapter 152 - $500 per day.

(Ord. 98-8, passed 8-31-98; Am. Ord. 2002-04, passed 7-1-02; Am. Ord. 2017-4, passed 9-5-17)