The purpose of the development plan procedure set forth in this article is to regulate the development of structures and sites in a manner which considers the following concerns and, where necessary, provides for conditions, commitments, bonds, or other written surety to assure that development proposals eliminate or minimize potential problems and nuisances. The principal areas of concern are:

A.

The balancing of landowner's rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, stormwater runoff, etc.).

B.

The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads.

C.

The adequacy of water supply, waste disposal methods and protection from pollution of surface or groundwater; and

D.

The protection of natural environmental historic or archeological features on the site under review and in adjacent areas.

A.

Development plan authority and notice. The authority to approve or disapprove a development plan is hereby delegated to the plan director, except for petitions in the US 31 overlay district. Development plans submitted within the US 31 overlay district shall be reviewed and approved or denied by the US 31 overlay committee, which is appointed by the plan commission. The review of a development plan by the plan director or committee may occur without public notice and without a public hearing.

B.

Development requirements. Pursuant to IC 36-7-4-1402(b)(1), development requirements which must be met for the approval of a development plan consist of the general development requirements specified below for all development plans and any additional development requirements specified below which are applicable to a particular type of development plan.

C.

General development requirements. The following list sets forth the general development requirements which must be satisfied before any development plan may be approved:

i.

Compliance with all applicable development standards of the zoning district in which the real estate is located (unless a variance has been obtained or a waiver is provided for by this article and has been granted, in which case compliance with the terms and conditions of the variance or waiver grant shall be required).

ii.

Compliance with all applicable provisions of the subdivision control ordinance (unless a waiver has been granted, in which case compliance with the terms and conditions of the waiver grant shall be required).

iii.

Provision of setback; building separation; on-site parking and loading; landscape buffering; height, scale, materials, and style of improvements; signs; outdoor lighting; recreation opportunities; site design; building orientation; or other design guidelines contained in this article or adopted by the plan commission, necessary to assure compatibility of the proposed development with surrounding land uses.

iv.

Approval from the Hamilton County Health Department for any private water or sanitary facilities, or availability and extension of sanitary sewer or potable water.

v.

Availability and extension of stormwater drainage and other utilities to serve the needs of the proposed development and the proper coordination of such utilities with existing utilities.

vi.

Management of traffic in a manner which creates conditions favorable to the health, safety, convenience, and harmonious development of the community by:

a.

The design and location of proposed streets and highway access points; and, pedestrian ways, to minimize safety hazards and congestion.

b.

Assuring the capacity of adjacent or existing streets, highways, and pedestrian ways to efficiently handle vehicular and pedestrian traffic projected to be generated by the proposed development; and fund/perform traffic study as required by the plan director or plan commission.

c.

The coordination of access points, street layout, pedestrian ways, and internal traffic circulation facilities in the proposed development with existing and planned streets and adjacent developments.

vii.

Approval by the Hamilton County surveyor's office of a stormwater management plan.

In order to assure the compatibility of new development or additions to existing development with existing and proposed residential areas, all new construction, building additions, new or expanded surface parking areas, service facilities, loading facilities, storage facilities, exterior building renovations and freestanding signs located on a lot in any commercial or manufacturing district which abuts a residential district shall be subject to the approval of a development plan by the plan director.

Additional development requirements for office, commercial or manufacturing districts abutting residential zoning.

A.

Any parking areas, loading spaces, loading docks, storage areas or other outdoor operations oriented toward: a front lot line which is across from a residential district; a side lot line which abuts a residential district; or, a rear lot line which abuts a residential district, shall be screened from view from such residential district by the use of (i) a dense planting of evergreen trees (ii) a combination of overstory, understory or evergreen trees or (iii) a solid wall or fence, which creates a visual barrier to a minimum height of three feet for a parking area or six feet for loading spaces, loading docks, storage areas or other outdoor operations.

i.

Use of yards. Any yard required to be landscaped shall be maintained as open space free from buildings or structures (except signs permitted by the signs article) and shall not be used for any outdoor operations, outdoor display, or outdoor storage of any kind, including, but not limited to outdoor seating areas; outdoor display of goods or merchandise for sale or lease; or outdoor storage of goods or merchandise.

ii.

Lighting. All pole light fixtures used to illuminate parking areas, loading areas, delivery areas or service areas shall be a full cut-off style outdoor light fixture.

a.

All wall pack light fixtures on building Façades oriented toward a front lot line across from a residential district; a side lot line which abuts a residential district; or a rear lot line which abuts a residential district, shall be a full cut-off style outdoor light fixture.

b.

All exterior lighting, including wall pack lighting, shall be of metal halide (except for low-level architectural or sign lighting for buildings, structures, signs, pedestrian ways, or landscape features, which may be incandescent or other type of lighting when deemed appropriate for the setting and which was specifically requested and approved as part of the development plan).

c.

All under canopy light fixtures (e.g., gasoline service station canopies, bank drive through canopies, etc.) shall be full cut-off outdoor light fixtures.

B.

All pole light fixtures, and wall pack light fixtures shall be mounted parallel with the horizon. Development requirements which may be waived for office, commercial or manufacturing development abutting a residential district.

C.

The plan director shall have the authority to waive any of the additional development requirements of this article, for commercial or manufacturing development abutting a residential district subject to the findings required for the approval of such waiver set forth, below, findings for waiver of development requirements.

D.

The plan director may not waive any general development requirements or any development standards of a zoning district. Any general development requirement or any development standard of a zoning district must be complied with unless a variance of such general development requirement or development standard is obtained from the board of zoning appeals.

The plan director, or the plan commission in the case of a referral or appeal, may only approve a development plan upon finding that:

A.

The proposed development is consistent with the intent and purpose of the Hamilton County comprehensive plan; and,

B.

The proposed development plan satisfies the general development requirements, including the development standards of the underlying zoning district, and additional development requirements specified in this article.

If the plan commission approves or denies a development plan, the written findings shall be signed by the president of the plan commission. If the plan director approves or denies a development plan, the written findings shall be signed by the plan director.

The plan director, or the plan commission in the case of a referral or appeal, may approve a waiver of the general development requirements, including the development standards of the underlying zoning district specified in this article, or the additional development requirements as authorized above, and only upon finding that:

A.

The proposed development represents an innovative use of site design/site access design/site circulation design/building orientation/building materials/landscaping which will enhance the use or value of area properties.

B.

The proposed development will not be injurious to the public health, safety, morals, or general welfare of Hamilton County.

C.

The strict application of the general development requirements or the applicable additional development requirements of the Hamilton County zoning ordinance will result in a development of the real estate which is undesirable when compared with the proposed development.

D.

The proposed development is consistent with and compatible with other developments located in the area; and

E.

The proposed development is consistent with the intent and purpose of the Hamilton County comprehensive plan.

If the plan commission approves or denies a waiver, the written findings shall be signed by the president of the plan commission. If the plan director approves or denies a waiver, the written findings shall be signed by the plan director.

A.

Commitments. The plan director, on behalf of the plan commission, or the plan commission in the case of a referral or appeal, may permit or require the owner of the real property which is the subject of a development plan approval to make a written commitment as set forth in article 16, paragraph C., section 2 of this article.

B.

Conditions. The plan director, on behalf of the plan commission, or the plan commission in the case of a referral or appeal, may impose conditions on the approval of a development plan which are reasonably necessary to assure compliance with the general development requirements and additional development requirements of this article.

C.

Surety. The plan director, on behalf of the plan commission, or the plan commission in the case of a referral or appeal, may require a bond or other written assurance to guarantee the timely completion of a public improvement required by the proposed development plan. Such bond or other written assurance shall be satisfactory to the plan director acting on behalf of the plan commission and shall be issued for the benefit of the board of commissioners of Hamilton County, Indiana.

D.

Application procedures. All requests for development plan approval shall include two copies of the following plans, studies, or reports:

i.

Site plan.

ii.

Landscape plan.

iii.

Building elevations.

iv.

Floor plans.

v.

Drainage plans.

vi.

Lighting plan.

vii.

Sign plan.

viii.

A traffic impact study (when a proposed development meets or exceeds the warrants of the INDOT traffic impact study guidelines

a.

150 or more dwelling units.

b.

15,000 square feet or more of retail space.

c.

35,000 square feet or more of office space.

d.

70,000 square feet or more of manufacturing space.

e.

30,000 square feet or more of educational space.

f.

120 or more occupied rooms; (vii) 46,000 square feet or more of medical space; or,

g.

Any mixed-use development which generates 100 or more peak hour trips in the peak direction). If the petitioner obtains a written statement from INDOT or the Hamilton County Highway Department, as applicable, indicating that a traffic impact study is not necessary in connection with the review of a development plan for a particular project, such traffic impact study shall not be required.

ix.

Statement of development build-out. Petitioner shall indicate, either on the submitted site plan, overall subdivision plan or in writing, a statement of:

a.

The order of development of the major infrastructure elements of the project.

b.

Project phase boundaries, if any.

c.

The order and content of each phase; and,

d.

An estimate of the time frame for the build-out of the project.

x.

Open space provisions. Petitioner shall indicate, either on the submitted landscape plan or in writing, along with any necessary explanatory materials or graphics, a statement of the nature and extent of all existing and proposed open space on the real estate.

E.

Application process and requirements.

i.

Who may file. Development plan reviews may only be initiated by a petition signed by the owners of the land involved in the petition.

ii.

Fees: To defray administrative costs, the fees as set forth in the fee schedule as approved by the Hamilton County board of commissioners for development plan approval by the plan director are to be paid by the applicant at the time of filing an application for development plan approval.

iii.

Application procedures. Application for development plan approval shall be in compliance with the following procedures:

a.

Contact the plan director to make an appointment to deliver the following:

b.

The plan documentation and supporting information outlined above; and

c.

An application for development plan approval upon forms approved by the plan commission for such purpose.

d.

The plan director shall have a period of not more than 21 business days in which to review the proposed application for development plan approval and either:

e.

Render a decision of approval or denial concerning the development plan; or

f.

Request, in writing, additional information from the applicant. If additional information is requested, the plan director shall have an additional period of 21 business days to review the information from the date the requested information is received.

g.

The plan director may seek the advice and comment of members of the technical advisory committee or require approval letters from the Hamilton County surveyor and Hamilton County highway department prior to deciding.

h.

If, in the sole discretion of the plan director, the proposed development plan raises a matter of significant land use policy, the plan director may refer such development plan to the plan commission for a determination at a public hearing in the same for an appeal by a petitioner.

i.

Any decision of the plan director under this article may be appealed by any interested party to the plan commission in accordance with the procedures below.

iv.

Additional plan documentation for cluster subdivision approval. In addition to the plan documentation above, the petitioner shall submit, either in plan form supplemented with tabular data or in table form, a summary of:

v.

Density calculations; and,

a.

The total area of developable wetlands (i.e., wetlands which may be filled due to being exempt or by obtaining a permit from IDEM or the Army Corp of Engineers), areas of slope more than 15 percent, woodlands or natural environmental, historical, or archeological features.

vi.

Determinations by plan director. Determinations regarding a development plan by the plan director shall be subject to the following regulations:

vii.

Notice to petitioner. Upon deciding regarding a development plan, the director shall provide a written "Notice of Determination of Development Plan" to the petitioner.

viii.

Notice of an approval to interested parties. In the event of an approval of a development plan, with or without conditions or commitments, the petitioner shall send a copy of the "Notice of Determination of Development Plan" to all adjoining property owners located within the lesser of 600 feet or two ownerships of the subject property by certified mail - return receipt requested. The list of adjoining property owners shall be certified by the Hamilton County auditor's tax map office.

ix.

Affidavit of notice. An affidavit of notice, including the green return receipt cards, shall be filed with the plan director prior to the issuance of an improvement location permit for any improvements authorized by the approved development plan.

x.

Improvement location permit. No improvement location permit shall be issued for any improvements authorized by the development plan until the expiration date of the appeal period.

xi.

Appeal period. The date of mailing of the "Notice of Determination of Development Plan" to all interested parties, as indicated on the affidavit of notice, shall be considered the date upon which interested parties received notice of such determination and shall be the date from which the 30-day appeal period provided below, shall be measured.

A.

Amendments to development plans pending determination by the plan director. Amendments to development plans pending approval or denial by the plan director may be made by the petitioner at any time prior to a determination being made by the plan director. If, in the sole discretion of the plan director, the proposed amendment is of such a nature that additional time is needed for review, the amended development plan shall be deemed a new filing and shall be reviewed within the time frames set forth above for the initial review of development plans by the plan director.

B.

Amendments to development plans pending determination by the plan commission. Amendments to development plans pending approval or denial by the plan commission may be made by the petitioner at any time prior to a vote being called for by the plan commission. If, in the sole discretion of the plan commission, the proposed amendment is of such a nature that addition time is needed for review, the plan commission may continue the consideration of such amended development plan to the next meeting of the plan commission.

C.

Amendments to approved development plans. Minor amendments to development plans shall be approved subject to the following regulations:

i.

Development plans approved by the plan director. Minor amendments to development plans which have already received approval from the plan director shall be reviewed by the plan director in the same manner as required for a new development plan. Such minor amendments authorized by the plan director shall be reported, in writing, to the plan commission at the next regular meeting of the plan commission.

ii.

Development plans approved by the plan commission. Minor amendments to development plans which were referred to or appealed to the plan commission and determined by the plan commission may be approved by the plan director in the continuing administration of such development plan. Such minor amendments authorized by the plan director shall be reported, in writing, to the plan commission at the next regular meeting of the plan commission.

iii.

Determination of minor amendments. Amendments to an approved development plan shall be deemed to be "minor" if:

a.

Such amendments do not involve: (a) an increase in height, area, bulk, or intensity of land uses; (b) the designation of additional land uses; (c) the reduction in perimeter yards; (d) the addition of driveways or access points; or (e) reduction in the amount of parking for any use; and

b.

In the determination of the plan director, the requested minor amendments do not adversely impact the purpose or intent of the overall development.

iv.

New development plan required. If the plan director determines that the proposed amendment is not a minor amendment, petitioner shall be required to file a new petition for development plan approval.

v.

Appeals of determination regarding amendments. Any decision of the plan director regarding the amendment of development may be appealed by any interested party to the plan commission in accordance with the procedures.

A.

Appeal process. Any order requirement, decision, or determination of the plan director with respect to development plan review may be appealed to the plan commission by any person claiming to be adversely affected by that order, requirement, decision, or determination. The procedures for such an appeal are as follows:

i.

Time. Every appeal shall be filed as specified below:

a.

Approved development plans. Every appeal of an approval of a development plan, with or without conditions or commitments, shall be filed within 30 days of the date of notice of an approval to interested parties: or

b.

Denial or other determination regarding development plans. Every appeal of any denial, order, requirement, decision, or determination for which notice of an approval to interested, is not required, shall be filed within 30 days of the date of such denial, order, requirement, decision, or determination.

c.

Appeal in writing. The petitioner or any other interested party may appeal the plan director's determination by filing a letter with the plan commission stating the reasons for such an appeal.

d.

Appeal of determination at public hearing. All appeals of the plan director's determination shall be decided by the plan commission at a public hearing for which notice has been provided.

ii.

Notice of public hearing. Notice to interested parties shall be sent as specified below:

a.

Notice of remonstrator's appeal. In the case of an appeal by a remonstrator, the remonstrator shall send notice to the owner of the real estate, the applicant for the development plan and all adjoining property owners located within the lesser of 600 feet or two ownerships of the subject property. The list of adjoining property owners shall be certified by the Hamilton County auditor's tax map office.

b.

Notice of petitioner's appeal. In the case of a development which has been referred to the plan commission by the plan director or an appeal by a petitioner, the petitioner shall send notice to the owner of the real estate and all adjoining property owners located within the lesser of 600 feet or two ownerships of the subject property. The list of adjoining property owners shall be certified by the Hamilton County auditor's tax map office.

c.

Form of notice. Notice of an appeal shall be on forms substantially as prepared by the plan director and shall be sent by certified mail - return receipt requested not less than 20 days prior to the public hearing.

d.

Appeal hearing de novo. The plan commission hearing on the development plan shall be de novo, in the same manner as though the application was originally filed for determination by the plan commission.

e.

Final decision. The decision of the plan commission with respect to the development plan shall be a final decision that may be reviewed only as provided in IC 36-7-4-1016.

A.

Supervise or perform the intake and review of all development plans.

B.

Make any determinations delegated by this article regarding the:

i.

Approval or denial of an initial development plans; or

ii.

Approval or denial of minor amendments to approved development plans.

iii.

Notify the plan commission of the approval or denial of initial development plans or minor amendments to approved development plans; and

iv.

Sign findings in support of any determination made by the plan director regarding any development plan.