(1)   Application forms shall be obtained from the Planning Administrator.

      (2)   Application forms shall be filled out completely and legibly.

      (3)   The applicant shall submit the number of filled out application forms as required by this chapter under the subchapters of each specific application type.

         (a)   Own a controlling interest in each parcel within the area of the proposed application; or

         (b)   Have notarized documentation authorizing the applicant to act as the agent of the owner(s) of all parcels within the area of the application.

         (a)   All documentation specified on the application packet and in this chapter unless certain documentation is deemed superfluous by the Planning Administrator due to the specific circumstances of the project.

         (b)   Any other additional information as may be required by the Planning Administrator or TAC members to evaluate the application.

      (2)   Pre-filing meeting. Prior to applying, the petitioner shall meet with the Planning Administrator to review the zoning classification of the site, review the regulatory ordinances and materials, and review the procedures. The Planning Administrator will assist and advise the petitioner in preparing the application and supportive documents as necessary.

         (a)   Technical Advisory Committee (TAC): submit application and all required information and payment at least 20 days prior to TAC meeting.

         (b)   Plan Commission (PC): submit application and all required information and payment at least 50 days prior to PC meeting.

         (c)   Board of Zoning Appeals (BZA): submit application and all required information and payment at least 30 days prior to BZA meeting.

         (a)   Any application in this chapter may be reviewed by the TAC as required or per request of the Board, Commission and/or Council.

         (b)   For applications requiring approval by the Board, Commission, and/or Council, the Planning Administrator may submit a written report to the appropriate decision-making body stating any facts concerning the characteristics, land use, public facilities available, or other pertinent facts of the application. The report may also contain a report from members of the TAC (if applicable). A copy of such statement shall be made available to the petitioner and all remonstrators of record, if any.

            1.   After the application is filed, the applicant shall obtain a list of names and last known addresses of the property owners of property adjacent to the subject property to a depth of two properties or 660 feet, whichever is less, of the subject tract(s). This list shall be obtained from the Boone County Auditor’s Office. Then, the applicant shall submit this list to the Planning Administrator or his or her designee before the public hearing.

            2.   The applicant shall give due notice to these owners as identified herein, concerning the place, date, and time for the first public hearing of the petition utilizing the notification letter prepared by the Planning Administrator, mailed as a certificate of mailing and date stamped by Post Office personnel not less than 15 days nor more than 30 days prior to the public hearing date.

            3.   The certificate of mailing receipts of said notification letters shall be submitted to the Planning Administrator or his or her designee prior to the public hearing.

            1.   The Planning Administrator shall prepare the notice and arrange for the publication of a public notice to be placed in a newspaper of general circulation in the town jurisdictional area.

            2.   The notice shall run at least one time in the paper not less than 15 days before noted public hearing.

            3.   The applicant shall be responsible for the cost of publishing the notice and will be billed according to the policies of the applicable newspaper.

            4.   The applicant shall also file with the Planning Administrator of the proof of publication prior to the public hearing.

 

(Ord. 2022-14, passed 9-7-2022)

      (1)   Whether the proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the Town Council;

      (2)   Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property;

      (3)   Whether the proposed amendment is the most desirable use for which the land in the subject property is adapted;

      (4)   Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction; and

      (5)   Whether the proposed amendment reflects responsible standards for development and growth.

         (a)   The Town Council shall approve, deny, continue or send a proposed amendment back to the Commission for modifications. If the Council returns a proposal to the Commission, the Commission shall consider the rejection or amendment, and shall vote on the proposal within 45 days in accordance with the provisions of I.C. 36-7-4-607.

         (b)   Failure of the legislative body to pass the proposed amendment within 90 days after its rejection by the Plan Commission constitutes rejection of the proposed amendment; and the proposed amendment may not be reconsidered by the Plan Commission or legislative body until the expiration of one year after the date of its original rejection by the Plan Commission.

(Ord. 2022-14, passed 9-7-2022)

      (1)   Minor subdivision. A minor subdivision plat shall be submitted to and reviewed by the Planning Administrator and reviewed and approved by the Technical Advisory Committee (TAC). It shall be prepared on Mylar and signed by the President and Secretary of the Plan Commission and recorded in the Boone County Recorder’s Office. The notification and certification requirements of I.C. 36-7-4-701(d) shall be followed.

         (a)   The applicant shall follow the application and fee payment requirements prescribed in § 152.10.

         (b)   In addition to submitting a written application, the applicant shall submit an electronic (portable digital format, PDF) copy of a preliminary plat and development plans and two physical copies of the same plans in accordance with divisions (D) through (G) in this section to the Planning Administrator at least 50 days before the meeting at which the Plan Commission is expected to consider such application.

         (c)   The Planning Administrator shall forward one copy to each member of TAC.

         (d)   The TAC members shall forward any comments or recommendations concerning such plat to the Planning Administrator prior to the date of the meeting at which the Plan Commission is expected to consider such application for preliminary plat approval.

      (3)   The application shall show the manner in which the proposed subdivision is coordinated with the comprehensive plan and its provisions, specifically, with relation to the requirements of the official thoroughfare plan, school and recreation sites, shopping centers, community facilities, sanitation, water supply and drainage, and other developments existing and proposed in the vicinity.

      (4)   No land shall be subdivided for residential use unless adequate access to the land over approved streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Plan Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formations, topography, or any other feature harmful to the health and safety of potential residents and the community as a whole.

      (5)   No land shall be subdivided unless the intended use of the individual lot is in conformance with this chapter, now or hereafter adopted.

      (6)   At the time of filing an application for approval of the preliminary plat, the application shall be accompanied by an application fee as set from time to time by the Council. The Planning Administrator shall surrender the application fee to the Clerk/Treasurer. The application fee shall be nonrefundable.

      (7)   If the Planning Administrator is satisfied that the standards of this section have been met, the Planning Administrator shall set a date for a hearing before the Plan Commission, giving written notice to the applicant of such hearing.

      (8)   Notice of public hearing. The applicant shall follow public hearing notice procedures set forth in § 152.10(F) of this chapter.

      (1)   The plat shall be drawn at a scale of 50 feet to one inch, except that when the drawing at the scale requires more than one sheet, the plat may be drawn at a scale of 100 feet to one inch. Sheets shall not exceed 24 inches by 36 inches in size.

      (2)   The plat shall include a location map showing the following:

         (a)   Location of proposed subdivision;

         (b)   Existing subdivisions and parcels of land adjacent to the proposed subdivision;

         (c)   Existing schools, parks, playgrounds, or other similar facilities that will serve the proposed subdivision;

         (d)   All public thoroughfares up to and including primary thoroughfares established by this chapter, that will serve the proposed subdivision; and

         (e)   The location of any streets and alleys in the proposed subdivision showing the relationship of the streets to any existing or proposed streets in contiguous subdivisions or undeveloped property to produce the most advantageous development of the entire neighborhood.

      (3)   The plat shall show the following:

         (a)   The proposed name of the subdivision;

         (b)   Names and addresses of the owner, subdivider, and consulting engineer, land surveyor, or planning firm who prepared the plan;

         (c)   Legend and notes including the scale, north point, and date;

         (d)   Tract boundary lines showing dimensions, bearings, angles, and references to section, township, and range lines or corners;

         (e)   Existing zoning of the tract and all contiguous tracts surrounding the proposed subdivision;

         (f)   All section and municipal corporate boundaries lying within or contiguous to the tract;

         (g)   Topographic contours at vertical intervals of one foot if the general slope of the tract is less than 5%, or intervals of two feet if the slope is in excess of 5%. Such contours shall be references to mean sea level elevations;

         (h)   Layout of lots, showing dimensions and numbers;

         (i)   Building setback lines showing dimensions throughout the subdivision;

         (j)   Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes;

         (k)   Streets and rights-of-way on and adjoining the site of the proposed subdivision, showing the names, roadway widths, approximate gradients, types and widths of pavements, curbs, and sidewalks;

         (l)   Existing and proposed easements including the location, width, and purpose of such easements;

         (m)   Location, size, and capacity of any public sewer and/or water facilities, if such facilities are available;

         (n)   Ground water levels stated in inches below ground surface and given at points of lowest ground elevation on the tract;

         (o)   A description of the surface drainage system to an approved outlet, including data showing that such outlet is adequate to accommodate the drainage requirements of the finished subdivision. Arrows designating the general drainage of all streets and lots shall be included; and

         (p)   If the preliminary plat is to be divided into sections or phases of development, the boundaries and numbers of such sections shall be shown.

      (1)   Within 60 days of the public hearing concerning an application for a certificate of approval of a subdivision plat, the Plan Commission shall notify the applicant in writing stating whether the preliminary plat is approved or disapproved.

      (2)   Approval of a preliminary plat shall be subject to the following:

         (a)   Such approval is strictly tentative, involving merely the general acceptability of the submitted layout;

         (b)   The Plan Commission may introduce such changes or revisions as are deemed necessary to the best interest and general welfare of the community; and

         (c)   Approval shall be effective for a maximum period of two years unless, upon application of the applicant, the Plan Commission grants an extension. The Plan Commission may extend approval of a preliminary plat for a maximum of four years without further notice, public hearing, or fees.

      (3)   Disapproval of a preliminary plat shall be subject to the following:

         (a)   If the Plan Commission disapproves a preliminary plat application, the Plan Commission shall notify the applicant in writing, stating the specific reasons for disapproval;

         (b)   The original applicant may submit a new application for preliminary approval within six months without responsibility for additional application fees; and

         (c)   If no reapplication is submitted within six months of the date of disapproval, any subsequent application shall be submitted as a new application.

      (1)   After approval of the preliminary plat by the Plan Commission and fulfillment of the requirements of this section, blackline or blueline reproductions of the secondary plat of the subdivision shall be submitted to the Plan Commission along with one reproducible transparency (i.e., Mylar) and a digital copy (portable digital format, PDF). All plats shall be drawn at the same scale as the preliminary plat and shall be drawn on a sheet 18 inches by 24 inches in size. If the Plan Commission approves the secondary plat, it shall place a certification thereof on the reproduced copies.

      (2)   Upon the final approval of the secondary plat, one copy of the certified plat shall be forwarded to the following persons:

         (a)   County Surveyor;

         (b)   County Auditor;

         (c)   Any utility company that may be affected;

         (d)   Subdivider or applicant; and

         (e)   File of Plan Commission.

      (3)   The secondary plat may include all or only a part of the preliminary plat which has received approval.

      (4)   The following information shall be shown on the secondary plat:

         (a)   Accurate boundary lines, with dimensions and angles, which provide a survey of the tract, closing with an error of not more than one foot in 5,000 feet;

         (b)   Accurate distances and directions to the nearest official monument. Reference corners shall be accurately described on the plan;

         (c)   Accurate locations of all existing and recorded streets intersecting the boundaries of the tract;

         (d)   Accurate metes and bounds description of the tract boundary;

         (e)   Source of title of the applicant to the land as shown by the last entry in the books of the County Recorder;

         (f)   Street names;

         (g)   Complete curve notes for all curves included in the plat;

         (h)   Street lines with accurate dimensions in feet and hundredths of feet with angles to street, alley, and lot lines;

         (i)   Lot numbers and dimensions;

         (j)   Accurate locations of easements for utilities and notations of the purpose of easements;

         (k)   Accurate dimensions for any property to be dedicated or reserved for public, semi-public, or community use;

         (l)   Building lines and dimensions throughout the subdivision;

         (m)   Location, type, material, and size of all monuments;

         (n)   Plans and specifications for the improvements required in this section;

         (o)   Restrictions of all types which will run with the land and become covenants in the deeds for lots;

         (p)   Name of subdivision;

         (q)   Name and address of the owner and subdivider;

         (r)   North point, scale, and date;

         (s)   Certification of dedication of streets and other public property;

         (t)   Certification by a registered land surveyor; and

         (u)   Certificate of approval by the Plan Commission.

      (1)   Prior to the certification of a plat by the Plan Commission, the subdivider shall provide a bond which shall:

         (a)   Run to the town;

         (b)   Be in an amount determined by the Plan Commission to be sufficient to complete the improvements and installations in compliance with this section. The subdivider’s engineer shall supply an estimate of the cost of improvements and installations on the project to aid the Plan Commission in its determination of the amount of the bond. The engineer’s estimate, however, shall not be binding upon the Plan Commission;

         (c)   Be with surety satisfactory to the Plan Commission; and

         (d)   Specify the time for the completion of the improvements and installations.

      (2)   Upon the completion of the improvements and installations required of a subdivider for the approval of a final secondary plat, and prior to the acceptance thereof for public maintenance by the governmental unit having responsibility for such maintenance, the subdivider shall provide a three-year maintenance bond which shall:

         (a)   Run to the town;

         (b)   Be in an amount equal to 20% of the cost of such improvements and installations as estimated by the Plan Commission under division (G)(1)(b) above;

         (c)   Provide surety satisfactory to the Plan Commission;

         (d)   Warrant the workmanship and all materials used in the construction, installation, and completion of said improvements and installations to be of good quality and have been constructed and completed in a workmanlike manner in accordance with the standards, specifications, and requirements of this section and the satisfactory plans and specifications for the subdivision as approved by the Plan Commission; and

         (e)   Provide that for a period of three years after such installations and improvements have been completed or are accepted for public maintenance, by any appropriate governmental unit or agency thereof, which may be necessary by reason of improper workmanship or materials, with such maintenance, however, not to include any damages to such improvements and installation resulting from forces or circumstances beyond the control of the subdivider.

      (3)   Within 60 days after application for approval of the secondary plat, if the Plan Commission approves the plat, it shall affix its seal upon the plat, together with the signatures of the Plan Commission members and attested by the Town Clerk/Treasurer. If the Plan Commission disapproves, the Town Clerk/Treasurer shall set forth the reasons for such disapproval in the town records and provide the applicant with written notification setting forth the reasons for disapproval.

      (4)   No improvement location permit or building permit shall be issued for any structures on any subdivision lots prior to the recording of such subdivision by the County Recorder.

      (5)   No structure shall be occupied on any subdivision lots prior to the installation and completion of all facilities, including grading, as shown on the development plans and approved by the Plan Commission; except that, in the case of an asphalt road surface, the installation of the final surface cost may be postponed until the end of the maintenance period.

      (6)   The streets shall be installed and paved per standards in this chapter prior to acceptance of the road for public maintenance.

(Ord. 2022-14, passed 9-7-2022)

      (1)   Preliminary plan approval that includes a rezone ordinance, a concept plan and preliminary architectural drawings (collectively, “PUD District ordinance”).

      (2)   Subdivision approval.

      (3)   Detailed development plan approval.

      (1)   An application for a PUD District ordinance shall be reviewed and considered by the Plan

Administrator, Plan Commission and Council in accordance with § 152.11.

      (2)   An application for subdivision shall be reviewed in accordance with § 152.12.

      (3)   An application for detailed development plan shall be reviewed in accordance with § 152.15.

      (2)   Preliminary architectural drawings. As part of the approval of a PUD District ordinance, the Plan Commission shall review and approve the preliminary architectural drawings before the PUD ordinance is approved by the Town Council. Approval of the preliminary architectural drawings shall represent the architectural standards for the PUD District when the construction plans are submitted for review and approval.

      (1)   Increases in density or intensity.

      (2)   Changes in the proportion or allocation of land uses.

      (3)   Changes in the list of approved uses.

      (4)   Changes in the locations of uses outside of the parameters set forth by the PUD District ordinance.

      (5)   Changes in functional uses of open space, where such change constitutes an intensification of use of the open space.

      (6)   Changes in the concept plan such that it creates a conflict with the intent of the PUD District ordinance established with the original concept plan.

(Ord. 2022-14, passed 9-7-2022)

(Ord. 2022-14, passed 9-7-2022)

      (1)   Residential Zoning District: multi-family use.

      (2)   Business Zoning District: all uses.

      (3)   Planned Unit Development Zoning District: a detailed development plan for the development as a whole.

   (E)   Exception. Application for construction of a new one-family or two-family dwelling shall not go through the development plan procedure in this section, but instead shall go through the improvement location permit procedure prescribed in § 152.16 and the building permit procedure prescribed in Chapter 150. Alterations, additions, or demolitions of the structures at one-family and two-family properties shall be reviewed through the building permit procedure prescribed in Chapter 150.

         (a)   Title, scale, north arrow, and date.

         (b)   Proposed name of the development.

         (c)   Address and legal description of the property.

         (d)   Property owner name.

         (e)   A vicinity map showing the general location of the site referenced to streets and section lines, as well as the zoning district and use of adjacent properties.

         (f)   Boundary lines of the property including all dimensions.

         (g)   Location, name, centerline and width of all streets, alleys, driveways, access easements and transportation plan system improvements (existing or proposed) located within or adjacent to the property.

         (h)   Location and dimensions of existing and proposed sidewalks, pathways, trails, or other transportation improvements.

         (i)   Location and dimensions of existing and proposed curb cuts, driveways and interior access drives, including connection to public streets.

         (j)   Off-street and on-street parking areas, loading areas, stacking spaces and circulation patterns for vehicles, trucks, equipment and bicycles showing dimensions; and tabulation of the number of off-street and on-street parking, loading, and stacking spaces.

         (k)   Layout, number, dimension, and area (in square feet and acres) of all lots and outlots with building setback lines.

         (l)   Location and dimensions of all existing and proposed structures (including development amenities) and paved areas.

         (m)   Labeled use of each lot and/or building, including approximate density or size of proposed uses and buildings (e.g., number of dwelling units, gross floor area, number of seats in assembly areas, and the like).

         (n)   Location of all floodway, floodway fringe, and steep slope areas within the boundaries of the property.

         (o)   Names of legal ditches, drains and streams on or adjacent to the property.

         (p)   Location and feasibility statement of all existing and proposed utility facilities and easements, including: sanitary sewer, water, storm water management, electric, gas, telephone, and cable.

         (q)   Identification of buildings and/or structures proposed for demolition.

         (r)   Areas of the property reserved for development amenities, open space, and other similar uses.

         (s)   A stamp of a certified engineer who prepared the plans.

         (a)   Location of existing trees and landscaping materials, indicating size, species (common and botanical name) and if they are to be kept or removed.

         (b)   Location of open spaces and development amenities as well as open space area in acres marked per each open space area.

         (c)   A table that summarizes the minimum required landscaped space and number of plants.

         (d)   Location of all new plants.

         (e)   A table that lists the plant species (common and botanical name), type (canopy tree, evergreen tree, shrub, native grass, and the like), their quantity, and size at planting (tree height and caliper, shrub height, and the like).

         (f)   Existing and proposed screens, walls, and fences, indicating materials, height, and location.

         (a)   Black and white elevations for each building facade (360 degree). The elevations shall include the following measurements: building height; wall height per floor; ceiling height; window and door sizes; height, location and materials of foundation.

         (b)   A separate true color rendering, or other realistic depiction, of the proposed building, including any areas designated for signage.

         (c)   Specification of the type and color of exterior materials to be used for all wall, window, roof and other architectural features.

         (d)   Details of any exterior architectural lighting.

         (a)   For all proposed buildings, additions and parking garages 1,000 square feet or greater, a lighting plan shall be provided indicating all exterior lighting fixtures existing and proposed on site, and the proposed light fixture locations and a light fixture schedule listing the cutoff details of each light fixture, quantity used on site, and lumens rating.

         (b)   In addition, for all proposed buildings, additions and parking garages 45,000 square feet or greater, a photometric layout shall be provided with the lighting plan indicating all photometric calculations including foot-candle levels on a regular grid across the site and extending beyond the lot; and the aiming direction of the light fixtures.

         (c)   Subdivisions/PUDs: A plan of street lighting shall be provided showing the location of the light poles and indicating lighting pole specifications like pole height, material, color, and light specifications.

   (H)   Investigation of petitions. The Technical Advisory Committee may review any Development Plan, at the Administrator’s or Plan Commission’s determination, prior to the Plan Commission’s consideration. The Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the Development Plan, together with a recital of surrounding land use and public facilities available to service the area, or other pertinent facts. The report may also contain opinions of the Administrator concerning the proposal contained in the Development Plan and a report from members of the Technical Advisory Committee. A copy of such statement shall be made available to the applicant and all remonstrators of record, if any.

      (1)   Compliance with all applicable development and design regulations of the zoning and any overlay zoning districts where the development is proposed.

      (2)   Compliance with all applicable site design and improvement regulations in §§ 152.70 though 152.89.

      (3)   The proposed development shall be compatible with the surrounding land uses.

      (4)   Management of traffic will be in a manner that creates conditions favorable to health, safety, convenience, and the harmonious development of the community such that:

         (a)   The design and location of proposed street and highway access points shall minimize safety hazards and congestion.

         (b)   The capacity of adjacent streets and highways is sufficient to safely and efficiently accept traffic that will be generated by the new development.

         (c)   The entrances, streets and internal traffic circulation facilities in the proposed development are compatible with existing and planned streets and adjacent development.

      (5)   The applicable utilities have sufficient capacity to provide potable water, sanitary sewer facilities, electricity, telephone, natural gas, and cable service at a satisfactory level of service to meet the needs of the proposed development.

      (1)   An appeal of the interpretation of a development standard of the applicable district shall be to the Board of Zoning Appeals; and

      (2)   An appeal of the interpretation of any other development requirement specified in §§ 152.70 through 152.89 shall be to the Plan Commission; and

      (3)   An appeal of a determination to approve or deny a minor amendment of a development plan shall be to the Plan Commission.

      (4)   All appeals shall be filed within 30 days of such determination.

(Ord. 2022-14, passed 9-7-2022; Ord. 2022-18, passed 10-17-2022)

      (1)   Construction of a new one-family or two-family dwelling;

      (2)   Construction of a new building or structure; addition to or removal of a portion or complete demolition of an existing building or structure on a lot used for multi-family or non-residential purposes.

      (3)   Remodel of a non-residential or multi-family building or structure that increases or changes its square footage and/or use.

      (4)   Substantial alteration or removal of landscaping in areas required to be landscaped per this chapter, PUD, variance conditions, or approved development plan (e.g., landscape buffers, street trees, landscaping of parking areas, common areas, and the like).

      (5)   Site work (grading, excavation, fill, infrastructure installation, and the like).

      (6)   Subdivision development.

      (7)   Mineral extraction.

      (8)   Telecommunication facilities.

            1.   Property address.

            2.   Property owner’s name.

            3.   Legal or site description of the real estate involved.

            4.   North arrow, scale, date.

            5.   Property’s area in square feet.

            6.   Location and dimensions of all property lines, lot lines, existing easements, floodplains, wetlands and watercourses.

            7.   Location and size of all existing and proposed buildings and structures.

            8.   Setbacks to the proposed structure(s).

            9.   Width and length of all entrances and exits to and from the subject site.

            10.   All adjacent rights-of-way.

            11.   Chart, indicating proposed site development standards, including but not limited to minimum lot width, setbacks, and living floor area.

         (a)   Approved development plan.

         (b)   Construction plans.

               a.   Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within 100 feet of the intersection shall be shown, plus approximate radii of all curves, lengths of tangents, and central angles on all streets.

               b.   The Commission may require, where steep slopes exist, that cross-sections of all proposed streets at 100 foot stations shall be shown at five points as follows: on line at right angles to the center line of the street; each property line and points 25 feet inside each property line.

               c.   Plans and profiles showing the locations and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage easements, setback easements, rights-of-way, manholes, and catch basins; the location of street signs; the location size, and invert elevations of existing proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water or other underground utilities or structures.

               d.   Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams, flood plains, and other pertinent features within the proposed subdivision or planned unit development.

               e.   Topography at the same scale as the primary plat with a contour interval of two feet, referred to sea level datum. All datum provided shall be latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on the plat.

               f.   All specifications and references required by the local government’s construction standards and specifications.

               g.   Title, name, address, and signature of registered engineer and land surveyor, and date.

         (a)   Approved detailed development plan.

         (b)   Construction plans.

               a.   Profiles showing existing and proposed elevations along center lines of all roads. Where a proposed road intersects an existing road or roads, the elevation along the center line of the existing road or roads within 100 feet of the intersection shall be shown, plus approximate radii of all curves, lengths of tangents, and central angles on all streets.

               b.   The Commission may require, where steep slopes exist, that cross-sections of all proposed streets at 100 foot stations shall be shown at five points as follows: on line at right angles to the center line of the street; each property line and points 25 feet inside each property line.

               c.   Plans and profiles showing the locations and typical cross-section of street pavements including curbs and gutters, sidewalks, drainage easements, setback easements, rights-of-way, manholes, and catch basins; the location of street signs; the location size, and invert elevations of existing proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; and exact location and size of all water or other underground utilities or structures.

               d.   Location, size, elevation, and other appropriate description of any existing facilities or utilities, including, but not limited to, existing streets, sewers, drains, water mains, easements, water bodies, streams, flood plains, and other pertinent features within the proposed subdivision or planned unit development.

               e.   Topography at the same scale as the primary plat with a contour interval of two feet, referred to sea level datum. All datum provided shall be latest applicable U.S. Coast and Geodetic Survey datum and should be so noted on the plat.

               f.   All specifications and references required by the local government’s construction standards and specifications, including a site-grading plan for the entire subdivision.

               g.   Title, name, address, and signature of registered engineer and land surveyor, and date.

      (1)   The Planning Administrator or their designee shall approve or deny the application. The Technical Advisory Committee may review improvement location permit for multi-family, non-residential and subdivision developments, at the Administrator’s or Plan Commission’s determination.

      (2)   If the Planning Administrator denies the application, they shall provide the petitioner with the reasons for the denial in writing.

      (3)   Approval of the improvement location permit may not happen until the approvals on related variance(s) and development plan applications happened.

   (G)   Street frontage requirement. No permit shall be issued for any use or structure unless the lot abuts upon and has adequate frontage on a public street (the right-of-way of which has been dedicated and accepted for maintenance by governmental agency having jurisdiction thereof, or the construction of which is bonded in accordance with the standards and requirements of the applicable municipal agency having jurisdiction thereof) in accordance with the requirements of all applicable ordinances, except as otherwise specifically authorized in zoning districts permitting private drives or interior access roads or by variance.

      (1)   The work or use authorized by the ILP shall start within six months of the date of issuance; otherwise the ILP shall lapse and become null and void. All work authorized by any ILP shall be completed within 24 months from the date of issuance, unless an extension is granted by the Planning Administrator.

      (2)   Two extensions of up to three months may be authorized by the Planning Administrator for reason/cause. All other extensions may be reviewed and granted by the Board of Zoning Appeals. A written request for an extension and a construction schedule shall be submitted to the Planning Administrator.

   (N)   Amendment to improvement location permit. When an applicant proposes that the construction of building, structure, or improvement deviate from the plans filed with the improvement location permit application and approved by the Administrator, the applicant shall make application for an amended improvement location permit. The Administrator shall review the application for the amended improvement location permit in accordance with the procedures set forth above. If such amended improvement location permit application is found to be in compliance, the Administrator shall issue an amended improvement location permit. Any determination by the Administrator with respect to an amended improvement location permit shall be subject to the same appeal rights and procedures as set forth above for an initial application for an improvement location permit.

(Ord. 2022-14, passed 9-7-2022; Ord. 2022-18, passed 10-17-2022)

(Ord. 2022-14, passed 9-7-2022)

   All projects proposed by exempt entities (see also § 152.03) will be administratively reviewed for determining whether such projects meet development standards, including, but not limited to, setbacks, landscaping, lot coverage, sidewalks, lighting standards, and other bulk standards as outlined in this chapter.

      (1)   Each project will be given a deficiency report describing the provisions of this chapter that the project does not comply with. The deficiency report with the project will be presented to the TAC for review and comments.

      (2)   The sponsoring entity will be notified at the time of the TAC letter of the deficiencies along with notification being given to the Council on all projects. The Council shall adopt a resolution acknowledging and accepting the deficiency report.

(Ord. 2022-14, passed 9-7-2022)

      (1)   The administration of the planning and zoning regulations of this chapter in the planning jurisdiction of town is conducted by the following government entities: Town Council, Board of Zoning Appeals, Plan Commission, and staff.

      (2)   The Plan Commission may, by resolution, establish a Technical Advisory Committee. The purpose of the Technical Advisory Committee shall be to provide technical support to staff as an aid in the review of applications or petitions for public hearing, applications for improvement location permits, and in the preparation of written or verbal comments by staff to the Plan Commission and Board of Zoning Appeals regarding all matters presented to such bodies for public hearing.

      (1)   It shall be the duty of the Planning Administrator to supervise the general administration of this chapter.

      (2)   It shall be the duty of the Planning Administrator to enforce and administer this chapter; receive and review all applications required by this chapter; issue improvement location permits; and number and file all certificates of zoning compliance.

      (3)   The Planning Administrator shall, when requested by the Plan Commission or Board of Zoning Appeals, or when the interests of the town so require, make investigations in connection with matters referred to in this chapter and render written reports on the same.

      (4)   The Planning Administrator shall keep the records including, without limitation, records of applications, permits issued, certificates issued, inspections made, reports rendered, and notices or orders issued. The Planning Administrator shall maintain records of all final determinations and decisions of the Plan Commission and the Board of Zoning Appeals.

      (5)   The Planning Administrator shall transmit to the Plan Commission or Board of Zoning Appeals the recommendation of the Department on all applications, petitions, or matters requiring official action by the Plan Commission or Board of Zoning Appeals.

      (6)   The Planning Administrator shall maintain the official zone maps and designate on the official zone maps all map amendments granted under the terms of this chapter.

      (7)   The Planning Administrator shall provide and maintain information for the public relative to all matters arising out of this chapter.

      (8)   The Planning Administrator may designate staff to assist in the daily administration of the duties and responsibilities set forth in this chapter.

      (9)   The Planning Administrator shall perform such other duties as the Plan Commission may direct in accordance with the provisions of this chapter.

(Ord. 2022-14, passed 9-7-2022)