Leo Cedarville City Zoning Code
DEVELOPMENT PLANS
§ 152.185 AUTHORITY.
This subchapter is adopted pursuant to I.C. 36-7-4-1400 et. seq.
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§ 152.186 DESIGNATION OF DEVELOPMENT PLAN DISTRICTS.
(A) The following zoning districts are hereby designated as districts in which development plans are required:
(1) R5 Multifamily Housing;
(2) MP Mobile Home Park;
(3) NC Neighborhood Commercial;
(4) OC Office Commercial/Overlay;
(5) DC Downtown Commercial;
(6) C1 General Commercial; and
(7) C2 Utility/Light Industrial.
(B) Unless a waiver is granted under§ 152.190 of this subchapter, no improvement location permit (ILP) may be issued, and no improvement may be constructed in any of these designated districts until the Plan Commission has approved both a primary and a secondary development plan for the entire tract in which the improvements are to be located.
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§ 152.187 DEVELOPMENT REQUIREMENTS.
Under the authority of I.C. 36-7-4-1403(d), the design and improvement standards set forth in §§ 151.075 through 151.081, 151.095 through 151.106, 151.120, and 151.121 of the Subdivision Control Ordinance are incorporated herein by reference. All new developments within a development plan district, shall meet the corresponding requirements. Where necessary the term “development” shall be substituted for the term “subdivision” and the term “development plan” shall be substituted for the terms “subdivision plat” or “plat.”
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§ 152.188 PROCEDURE FOR FILING DEVELOPMENT PLANS.
(A) Application for development plan approval.
(1) The developer shall have a meeting to consult informally with the Zoning Administrator for advice and assistance before filing the application for a primary, secondary development plan. At this
meeting, the developer should submit a conceptual layout of the plan for review. The Zoning Administrator may, at this meeting, or at anytime thereafter, determine whether any waivers should be granted under § 152.190 of this subchapter. The Zoning Administrator may schedule additional meetings, request additional information, or seek input from any interested governmental or quasi-public agencies before making a determination regarding whether the requirement of a development plan may be waived.
(2) When the developer wishes to pursue the plan, he shall complete the requirements listed below and application and submit 12 copies of the proposed plan, and application to the Zoning Administrator along with the appropriate fees. No application shall be accepted until all items detailed below have been completed and executed by the person proposing the development, or his designee. The Zoning Administrator shall have 15 normal working days from the date of submission to determine whether there are any deficiencies with the application and development plan. The Zoning Administrator shall notify the applicant of any deficiencies and allow the applicant an opportunity to amend the application and/or plan. The development plan shall be placed on the agenda of the first regular meeting of the Plan Commission that is at least 15 days after the Zoning Administrator has determined that there are no remaining deficiencies with the application and plan.
(B) Notice of public hearing.
(1) After the Zoning Administrator has set the date for a public hearing before the Commission, the Zoning Administrator shall prepare a notice of public hearing. The notice must be published one time in the East Allen County Courier and once in the Fort Wayne Newspapers. The legal notice shall appear in the newspaper at least ten days prior to the date of the public hearing, and the cost of the notice shall be charged to the developer. A proof of publication shall be retained by the Zoning Administrator.
(2) A notice of public hearing, prepared by the Zoning Administrator, via certified, return-receipt mail to the property owners shall be sent by the petitioner at the expense of the petitioner to all property owners within 300 feet of the boundaries of the property to be subdivided or developed ten full days prior to the date of the public hearing.
(3) Legal notices shall include the following:
(a) The general location, in words and by map, of the proposed subdivision and a legal description of the land contained therein;
(b) That the development plan is available for examination at the town office;
(c) That a public hearing will be held giving the date, place, and hour of the hearing; and
(d) Written comments on the plan will be accepted prior to the public hearing and must be submitted to the Zoning Administrator for the Plan Commission.
(4) Legal notices shall comply with I.C. 5-3-1.
(5) Proofs of publication, receipts of mailing, or proofs of mailing shall be submitted to the Zoning Administrator two normal working days prior to the date of the public hearing.
(6) Names and addresses of owners of property within 300 feet of the subdivision site shall be presented to the Zoning Administrator at the time the development plan application is filed.
(C) Primary plan approval.
(1) The Plan Commission shall review the development plan to determine whether the proposed development is consistent with the Comprehensive Plan; satisfies the development requirements specified in the Zoning Ordinance; and satisfies the development standards required by § 152.187 of this subchapter.
(2) After the Plan Commission has reviewed the primary development plan and heard testimony submitted at the public hearing, the Plan Commission, at the public hearing or a regularly scheduled meeting in the future, shall approve or disapprove the primary development plan or continue to allow time for amendments. The Commission shall notify the applicant in writing of its decision.
(3) If the Plan Commission determines that the primary development plan complies with the standards set forth in this chapter, it shall make written findings and a decision granting primary approval to the plan. This information shall be sent to the developer in a letter signed by the President or Secretary of the Plan Commission.
(4) The Commission may:
(a) Impose any conditions on the approval of a development plan that are necessary to satisfy the development requirements specified in this chapter;
(b) Provide that the approval of the development plan is conditioned on the furnishings of a bond or other written assurance that guarantees the timely completion of any proposed public improvements; and/or
(c) Require the owner of the subject property to make a written commitment pursuant to the provisions of I.C. 36-7-4-613.
(5) Approval of a primary plan shall be effective for a maximum period of 18 months unless, upon application of the applicant, the Commission grants an extension within that period of time.
(6) The applicant shall pay all fees of the Town Engineer incurred by the town in review of the application and inspection of the proposed development.
(7) If the Commission disapproves a primary development plan application, the Commission shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President or Secretary of the Plan Commission.
(8) The applicant shall be required to observe a three-month waiting period before re-filing a primary plan which has been disapproved by the Plan Commission.
(9) The applicant may submit a new application for primary development plan approval after the three-month waiting period but must pay all applicable fees as if it were an original application.
(10) Disapproval of a primary development plan is a final decision that is reviewable under the provisions of I.C. 36-7-4-1016.
(D) Secondary plan approval.
(1) After the complete submittal of the application for approval of the secondary plan, the Commission shall review the information to approve or disapprove it. Public notice and a hearing are not required for secondary review. If the Commission determines that the secondary plan complies with the standards of this chapter, it shall make written findings and a decision regarding secondary approval of the plan.
(2) The secondary approval of the development plan by the Plan Commission shall be certified on behalf of the Plan Commission by the President or Secretary who shall affix their signature to the plan.
(3) If the Plan Commission disapproves the secondary plat, it shall make written findings and notify the applicant in writing, stating the specific reasons for disapproval. This written notice shall be signed by the President or Secretary of the Plan Commission.
(4) Approval of the secondary plat shall be effective for a maximum period of 18 months from the date of approval. Failure to record the plat with the Allen County Recorder, and commence construction of the development within the 18-month period, shall void the previously issued secondary approval. For the purpose of this chapter, COMMENCING CONSTRUCTION means completion of the construction survey and staking.
(5) A certificate of secondary plat approval shall not be signed until a performance bond or proof or surety has been submitted to the Plan Commission if said bond or surety was required.
(6) No improvement location permit shall be issued by the Zoning Administrator for any structures in any development prior to the recording of said secondary plan and certificate of approval with the County Recorder of Allen County, Indiana.
(7) No certificate of compliance or occupancy shall be issued by the Zoning Administrator, or his agent, for any structure in any development prior to the installation and completion of all facilities, including grading, as shown on the development plans and approved by the Commission; except that in the case of an asphalt road surface, the installation of the final surface coat may be postponed until the end of the maintenance period. The final coat of asphalt shall be installed prior to acceptance of the road for public maintenance.
(8) The subdivider shall supply 25 copies of the recorded development plan to the Zoning Administrator.
(E) Construction plans.
(1) It shall be the responsibility of the subdivider of every proposed development to have prepared and certified by a professional engineer registered in the State of Indiana, a complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities, and other facilities.
(2) The final construction plans shall be based on preliminary plans which have been approved with the primary plat and shall be prepared and submitted in conjunction with the secondary plat. The plans shall show the following:
(a) General construction plans shall be prepared for all required improvements. Plans shall be drawn on standard 24-inch by 36-inch sheets at a scale of no less than one inch equaling 50 feet or at a scale to be determined by the Zoning Administrator, and map sheets shall be of the same size as the secondary plat.
(b) Topographic contours at intervals of two feet. Contours shall be referenced to USGS datum plane.
(c) Profiles showing existing and proposed elevations along center lines of all streets. Where a proposed street intersects an existing street or streets, the elevation along the center line of the existing street or streets within 100 feet of the intersection. Radii of all curves, lengths of tangents, and central angles on all streets shall be shown.
(d) The Plan Commission may require, where steep slopes exist, the cross-sections of all proposed streets.
(e) Plans and profiles showing the location and typical cross-section of streets including curbs, gutters, sidewalks, rights-of-way, drainage facilities, manholes, and catch basins. Plans shall also show the location, size, and invert elevations of existing and proposed sanitary sewers, storm water drains, water lines, gas, and fire hydrants, showing connection to any existing or proposed utility systems.
(f) Location, size, elevation, and other appropriate descriptions of any other existing physical and natural features of facilities including features noted on the official map of local government, trees, the points of connection to proposed facilities and utilities, and the approximate high and low water elevations of all ponds, lakes, and streams. All elevations shall be referenced to the USGS datum plane.
(3) Upon completion of the construction, the developer’s engineer shall provide the Plan Commission with a set of as built construction plans showing the drainage, street profiles, and any other improvements determined by the Plan Commission.
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§ 152.189 CONTENT OF DEVELOPMENT PLANS AND SUPPORTING DOCUMENTATION.
Unless waived pursuant to the provisions of § 152.190 of this subchapter, the documentation and supporting information required in primary and secondary subdivision plats, as set forth in §§ 151.042 and 151.045 of the Subdivision Control Ordinance shall be the same documentation required in and supporting primary and secondary development plans. Under the authority of I.C. 36-7-4-1403(d), §§ 151.042 and 151.045 of the Subdivision Control Ordinance are incorporated herein by reference. Where necessary the term “developer” shall be substituted for the term “subdivider” and the term “development plan” shall be substituted for the terms “subdivision plat” or “plat”.
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§ 152.190 WAIVERS.
(A) The Zoning Administrator shall have the authority to issue an improvement location permit for construction of an improvement within a development plan district without the prior submission and approval of a development plan, if the Plan Commission determines that the following circumstances exist:
(1) The proposed improvement would not have a significant impact upon adjacent land uses, or upon the streets, utilities, storm drains, or other public improvements that serve the real estate on which the improvement is to be located; and
(2) The public convenience and welfare would not be substantially served by requiring the submission of a development plan for the proposed improvement.
(B) If the Plan Commission determines that the circumstances set forth in division (A) above can only be met if certain conditions are satisfied, the Plan Commission may impose conditions which must be satisfied by the applicant before the issuance of the permit.
(C) The determination by the Plan Commission to waive, or not to waive, the requirement of a development plan under division (A) above and the determination by the Zoning Administrator to impose conditions on a permit under division (B) above are not appealable to the Board of Zoning Appeals or to the Town Council. If the Plan Commission imposes conditions for the issuance of a permit under division (B) above, and the applicant disagrees with those conditions, the applicant may submit a development plan for approval by the Plan Commission in accordance with the normal requirements of this subchapter.
(D) When a development plan is submitted in accordance with the normal requirements of this subchapter, the Zoning Administrator shall have the authority to waive any of the requirements of § 152.189 of this subchapter (pertaining to the content of development plans and supporting information) if the Zoning Administrator determines that any of the documentation or information required under § 152.189 would not assist the Plan Commission in determining whether the development standards have been met.
(E) When a development plan is submitted in accordance with the normal requirements of this subchapter, the Plan Commission shall have the authority to waive any of the requirements of § 152.187 of this subchapter (pertaining to development standards) if the Plan Commission determines that the following conditions are met:
(1) The applicant can demonstrate that compliance with the standards for which a waiver is sought, places an unreasonable hardship on the applicant because of a unique quality of the land upon which the improvement is to be located, or that a benefit to the local community which arises from a unique quality of the land or from an innovative nature of the proposal contained in the development plan would be lost if the standards of this subchapter are strictly adhered to;
(2) Waiver of the development standards at issue would not have a significant impact upon adjacent land uses, and upon the streets, utilities, storm drains, and other public improvements that serve the real estate on which the improvement is to be located; and
(3) The public convenience and welfare would not be substantially served by requiring the rigid compliance with the development standards at issue.
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