No location improvement permit, building permit, or occupancy permit shall be issued for any use upon any lot until a development plan has been submitted, reviewed, and approved in accordance with the following provisions.

a.

A development plan review is required if stated as required in Section 3.0 Zoning Map and Districts under each district standards.

a.

Approval Authority. A Hearing Examiner has been delegated the authority to approve certain development plans. All other development plan approvals must be approved by the Plan Commission. The Zoning Administrator may refer any proposed development to the Plan Commission if the Zoning Administrator decides the full Plan Commission review is warranted. Otherwise, the proposed development shall be forwarded to the Hearing Examiner.

(1)

If the Zoning Administrator delegates the authority to approve the plan to the Hearing Examiner, the applicant may appeal the decision of the Plan Commission at least eighteen (18) days prior to a Plan Commission meeting.

(2)

The development plan will then be heard by the Plan Commission, following the appropriate procedures set forth in this Ordinance under Section 8.0 Review and Approval of Development Plans.

b.

Applicants are encouraged to meet with the Zoning Administrator for an informal conference to discuss the existing conditions of the site and the proposed development.

c.

Application. The application for approval of a proposed development plan shall be submitted in the office of the Zoning Administrator and shall be accompanied by a fee. The Zoning Administrator will receive all applications and review for completeness. Any applications lacking necessary information will be deemed incomplete and returned to the applicant.

(1)

Within fifteen (15) days after receiving the application, the Zoning Administrator will forward the application to the Technical Advisory Committee and will return a copy of said plan to the applicant with recommendations.

(2)

Requirements. The application procedure shall follow the review requirements found in the Rules of Procedure.

d.

Agency Review. The Zoning Administrator will be responsible for coordinating review with other agencies.

(1)

The Zoning Administrator shall make a preliminary review of the plan for completeness, and adherence to this Ordinance, standards of the county, and the Comprehensive Plan.

(2)

The Zoning Administrator will forward the application to the Technical Advisory Committee for review. This review is intended to familiarize these agencies with the application and to allow feedback to the applicant regarding the proposed application. No approval is given as part of this step, and suggestions made by these agencies are advisory only and meant to assist the applicant.

e.

Technical Advisory Committee (TAC).

(1)

The TAC will have ten (10) working days to review the application and offer written comment to the Zoning Administrator.

(2)

The Zoning Administrator shall provide written comment of their findings to the applicant.

f.

Application Review and Submission. The following procedures govern complete application review:

(1)

After the meeting described above, the applicant may make any modifications to the application. The applicant shall file in triplicate a complete application and all required materials, which shall follow the review requirements found in the Rules of Procedure.

a.

Any development plan approval which has been delegated to the Hearing Examiner may occur without public notice and without a public hearing.

b.

The Hearing Examiner will have forty-five (45) days from the date of filing to approve or disapprove a development plan petition in writing.

c.

The Hearing Examiner shall review the particular circumstances and facts applicable to the proposed project in terms of the standards and requirements as detailed in the section of the City's Zoning Ordinance and shall make a determination as to whether the proposed project meets the standards set forth below:

(1)

Compatibility of the development with surrounding land uses.

(2)

If the application is consistent with the comprehensive plan.

(3)

Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.

(4)

Management of traffic in a manner that promotes conditions favorable to health, safety, convenience, and the harmonious development of the community. This development requirement shall ensure the:

i.

Design and location of the proposed street and access points minimize safety hazards and congestion.

ii.

Capacity of adjacent streets is sufficient to safely and efficiently accept traffic that will be generated by the new development.

iii.

Entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

iv.

Safety and convenience of both vehicular and pedestrian circulation on-site, with appropriate tie-ins to adjacent public circulation systems.

v.

Adequate accessibility for emergency vehicles.

(5)

The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site and in relation to pedestrian traffic.

(6)

The arrangement of uses on the site in relation to functional, efficient, and compatible arrangements with the site and also to adjacent uses.

d.

The Hearing Examiner may seek and consider the input from any public officials, public bodies, and/or outside consultants as part of the development plan review process, prior to approving, disapproving, or approving with conditions, the development plan.

e.

After the review of this project, the Hearing Examiner shall approve, disapprove, or approve with conditions the proposed development plan petition.

(1)

Approval of the final application is subject to the following:

i.

If phasing is included as part of the approval of the development plan, the applicant may submit final detailed plans that correspond to the phases involved. Such final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for the entire development.

ii.

The approved final detailed plan or phase shall be stamped "Approved Final Detailed Plan" and be signed by the President and Secretary of the Plan Commission, with one copy permanently retained by the Zoning Administrator.

iii.

Unless extended by the Plan Commission, approval of the first phase of the final detailed plan shall be obtained within three (3) years and approval of the balance of the final detailed plan shall be obtained within seven (7) years after approval has been granted, per IC 36-7-4-1109.

f.

The Hearing Examiner may permit or require the applicant to make written commitment concerning the use or development or may impose conditions upon the approval of the application. Where an owner has failed to comply with any condition and/or commitment permitted through approval of the application, the Hearing Examiner may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of approval of the application, or with the terms of this Ordinance in the same manner as if the application had not been approved.

g.

Approval of the Development Plan.

(1)

Any covenants must be submitted for review by the Hearing Examiner to make sure no conflict exists with the Zoning Ordinance.

(2)

The Hearing Examiner may require the recording of covenants for any property devoted to any reasonable public or semi-public purposes.

(3)

Adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, jointly shared by such property owners, including private streets that meet City construction standards if such facilities are a part of the development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.

(4)

Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(5)

All private streets shall meet City Street Classifications and shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that these vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(6)

Plan of Record. All approved plans shall be recorded in the Office of the Lake County Recorder within two (2) years after approval, but before any development takes place. Failure to record shall automatically void the approval of the plans. The exact measurements, as to the location of buildings or structures erected during the development, are required to be recorded as part of the plan. The developer must submit a copy of the approved plan to the Zoning Administrator as an amended approved plan with the exact measurements thereon shown. Upon being satisfied that the measurements are substantially the same as indicated on the original approved plan, the Zoning Administrator shall re-approve, date and sign said amended approved plan, which the developer shall then record.

(7)

Permit. An Improvement Location Permit shall not be issued until the Hearing Examiner approves the development plan and all conditions are met.

(8)

Construction. The following procedures shall govern construction of the development:

i.

No construction or installation work shall be done on any public improvements until the petitioner has notified the appropriate government inspector(s) of his intention to begin such work, in order that inspections may be made as work progresses.

ii.

All development shall be in conformity with the approved and recorded plan and any material deviations from the approved and recorded plan shall be subject to appropriate enforcement action as provided for in this Ordinance.

(9)

Any interested party may appeal the decision of the Hearing Examiner to the Plan Commission within thirty (30) days of the written decision.

(10)

The Hearing Examiner shall make and sign written findings concerning each decision to approve or disapprove a development plan. The findings of fact must support the following statements.

i.

Is consistent with the Comprehensive Plan;

ii.

Is consistent with the intent of the zoning district; and

iii.

Satisfies the intent of this Zoning Ordinance.

If the proposed development is referred to the Plan Commission, the petition will follow the process set forth below.

a.

All Development Plan Approval petitions referred to the Plan Commission shall:

(1)

Be filed at least eighteen (18) days prior to the initial date at which they are to be considered by the Plan Commission.

(2)

Make known any requests for waiver of development requirements in connection with a development plan approval on the application form and submit supporting information with the application, or the waiver will not be considered.

(3)

Include all relevant plan and documentation as required below.

b.

Any development plan approval the Plan Commission reviews shall have a public hearing.

c.

Plan Hearing. The Plan Commission Hearing shall be conducted in accordance with the Plan Commission Rules of Procedure.

d.

Following the public hearing, the Plan Commission shall review the particular circumstances and facts applicable to the proposed project in terms of the standards and requirements as detailed in this section of the City's Zoning Ordinance and shall make a determination as to whether the proposed project meets the standards set forth below:

(1)

Compatibility of the development with surrounding land uses.

(2)

If the application is consistent with the comprehensive plan.

(3)

Availability and coordination of water, sanitary sewers, storm water drainage, and other utilities.

(4)

Management of traffic in a manner that promotes conditions favorable to health, safety, convenience, and the harmonious development of the community. This development requirement shall ensure the:

i.

Design and location of the proposed street and access points minimize safety hazards and congestion.

ii.

Capacity of adjacent streets is sufficient to safely and efficiently accept traffic that will be generated by the new development.

iii.

Entrances, streets, and internal traffic circulation facilities in the development plan are compatible with existing and planned streets and adjacent developments.

iv.

Safety and convenience of both vehicular and pedestrian circulation on-site, with appropriate tie-ins to adjacent public circulation systems.

v.

Adequate accessibility for emergency vehicles.

(5)

Specific development requirements set forth in the Zoning Ordinance and Subdivision Control Ordinance.

(6)

The location and design of driveways providing vehicular ingress to and egress from the site, in relation to streets giving access to the site, and in relation to pedestrian traffic.

(7)

The arrangement of uses on the site in relation to functional, efficient, and compatible arrangements with the site and also to adjacent uses.

(8)

The Plan Commission may further require landscaping, fences, and walls in pursuance of these objectives and they shall be provided and maintained as a condition of the establishment and continued maintenance of any use to which they are appurtenant.

(9)

The cost estimates as required in this section may be reviewed by the appropriate City officials and/or consultants. These reviews and recommendations shall be forwarded to the Plan Commission for inclusion in any approved development plan.

(10)

The Plan Commission may waive development plan information for topography, vegetation, problem soils, landscaping, employment data, environmental considerations, etc., when such concerns are obviously not pertinent to the proposed development.

(11)

The Plan Commission may seek and consider the input from any public officials, public bodies, and/or outside consultants as part of the development plan review process, prior to approving, disapproving, or approving with conditions, the development plan.

e.

After the review of this project, the Plan Commission shall approve, disapprove, or continue consideration of the proposed development plan petition.

(1)

Approval of the final application is subject to the following:

i.

If phasing is included as part of the approval of the development plan, the applicant may submit final detailed plans that correspond to the phases involved. Such final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for the entire development.

ii.

The approved final detailed plan or phase shall be stamped "Approved Final Detailed Plan" and be signed by the President and Secretary of the Plan Commission, with one copy permanently retained by the Zoning Administrator.

iii.

Unless extended by the Plan Commission, approval of the first phase of the final detailed plan shall be obtained within three (3) years and approval of the balance of the final detailed plan shall be obtained within seven (7) years after approval has been granted, per IC 36-7-4-1109.

f.

The Plan Commission may permit or require the applicant to make written commitment concerning the use or development or may impose conditions upon the approval of the application. Where an owner has failed to comply with any condition and/or commitment permitted through approval of the application, the Plan Commission may authorize such action as it may deem appropriate to obtain compliance by the owner with the condition or commitment of approval of the application, or with the terms of this Ordinance in the same manner as if the application had not been approved.

g.

Approval of the Development Plan.

(1)

Any covenants must be submitted for review by the Plan Commission to make sure no conflict exists with the Zoning Ordinance.

(2)

The Plan Commission may require the recording of covenants for any property devoted to any reasonable public or semi-public purposes.

(3)

Adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities jointly shared by such property owners, including private streets that meet City construction standards, if such facilities are a part of the development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating.

(4)

Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(5)

All private streets shall meet City Street Classifications and shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that these vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(6)

Plan of Record. All approved plans shall be recorded in the Office of the Lake County Recorder within two (2) years after approval, but before any development takes place. Failure to record shall automatically void the approval of the plans. The exact measurements, as to the location of buildings or structures erected during the development, are required to be recorded as part of the plan. The developer must submit a copy of the approved plan to the Zoning Administrator as an amended approved plan with the exact measurements thereon shown. Upon being satisfied that the measurements are substantially the same as indicated on the original approved plan, the Zoning Administrator shall re-approve, date, and sign said amended approved plan, which the developer shall then record.

(7)

Permit. An Improvement Location Permit shall not be issued until Plan Commission approves the development plan and all conditions are met.

(8)

Construction. The following procedures shall govern construction of the development:

i.

No construction or installation work shall be done on any public improvements until the petitioner has notified the appropriate government inspector(s) of his intention to begin such work, in order that inspections may be made as work progresses.

ii.

All development shall be in conformity with the approved and recorded plan, and any material deviations from the approved and recorded plan shall be subject to appropriate enforcement action as provided for in this Ordinance.

(9)

Changes to the Approved Plan. In the exercise of continuing jurisdiction, the Zoning Administrator may from time to time approve only minor modifications of the approved development plan in a manner consistent with the approved development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, any change in type of use, or any change in access, circulation, or drainage.

i.

The Zoning Administrator shall have discretion on the amount of changes allowed to be made to the approved plan before going back to the Plan Commission.

(10)

Extensions, Abandonment, and Expiration. Extensions of the time for accomplishing any matters set forth within this Ordinance may be granted by the Plan Commission at a public hearing for good cause shown.

(11)

Adherence to Other Regulations. The proceedings brought under this Division shall be subject to the procedures of this Ordinance, Whiting City Code, Indiana Code, and the adopted Rules and Procedures of the Plan Commission, where not inconsistent with the procedures of this Ordinance.