APPENDIX A:   PLAN UNIT DEVELOPMENT ORDINANCE

Town of Bunker Hill Plan Unit Development Ordinance

Editor's Note:   As adopted November 5, 2001.

 

1-1       Plan Unit Development
1-2 General
1-3 Conformance of Plan Unit Development
1-4 Procedures for filing a Plan Unit Development
1-5 Approval of Plan Unit Development
1-6 Final approval
1-7 Adoption
1-8 Amendment
1-9 Repealer
1-10 Effective date

 

Town of Bunker Hill Plan Unit Development Ordinance

1-1       Plan Unit Development

The purpose of this ordinance is to provide for regulations regarding uses of land. A Plan Unit Development shall be considered a Zoning District. This Ordinance shall be in conformance with IC 36-7-4-1500 series effective January 1, 1996.

1-2       General

It shall be the policy of the Town of Bunker Hill to promote progressive development of land and construction thereon by encouraging Plan Unit Developments: A PUD shall meet the same requirement as subdivision with the exception that the PUD is a mixture of residential and business within the same area. Building within the PUD shall be constructed in accordance with the one (1) and two (2) family dwelling code, the Uniform Building Code and Indiana Fire Prevention and Building Safety Code.

"That said Ordinance shall:"

1) designate a parcel of real property as a Plan Unit Development District,

(2) specifies uses of a range of uses permitted in the Plan Unit Development District,

(3) specifies development requirements in the Plan Unit Development District,

(4) specifies the Plan documentation and supporting information that may be required,

(5) specifies any limitation applicable to the Plan Unit Development District, and

(6) must meet the requirements in accordance with IC 36-7-4-1500 series [PL 320-1995, section 30.]

1-3       A Plan Unit Development shall conform to the following:

(1) A minimum parcel area of five (5) acres is required for a Plan Unit Development.

(2) There shall be at least ten percent (10%) of the land area in the development provided for open space which is not covered by buildings, parking spaces, driveways or streets. No more than fifty percent (50%) of this open space shall be covered by water.

(3) All utilities, including communication and electric systems, shall be placed underground within the limits of the development.

(4) The design and designation of private street shall be subject to the approval of the Plan Commission. All street(s) dedicated for public uses shall be constructed in accordance with specification as outlined in the Town of Bunker Hill Subdivision Control Ordinance and shall meet the minimum requirement for County specifications.

(5) There shall be established a Home Owner's Association and its By-laws and other similar deed restriction, which provide for the control and maintenance of all common areas, recreation facilities or open space and shall meet with the approval of the Plan Commission.

(6) The Plan Unit Development shall include a Sanitary Sewer System connected to a public sewer system, if available within a reasonable distance of five hundred (500) feet from the project. If public facilities are not available, a private facility may be authorized if approved by the County Board of Health.

(7) The Plan Unit Development may provide for a mixture of Residential and Commercial uses or Commercial and Industrial uses, however the Development shall not have a mixture of Residential and Industrial uses.

(8) Whenever possible the Development shall utilize landscaping and existing woodlands as buffers to screen lighting, parking areas, loading and unloading areas and other features within the Development and adjoining districts.

9) The Plan Unit Development shall include a common water supply and distribution system, either public or private, which shall meet the approval of both the Plan Commission and the Local Board of Health and shall be built at no expense to the local Government.

(10) All building designs and locations shall be subject to approval by the Plan Commission. No building may be located within twenty (20) feet of another building unless approved by the Commission.

11) If any open space or recreational facility is to be used solely by the residents of the project, adequate provisions shall be made for assessments against the property within the project so that such facilities can be properly maintained and operated.

(12) The Plan Commission may waive certain conditions of the Plan Unit Development, such as setbacks, underground electricity, height, lighting, sign and other requirements that would not interfere with health, safety or convenience of the development of surrounding area.

1-4       Procedures for filing a Plan Unit Development:

(1) The applicant shall submit three (3) copies of preliminary site plans to the Plan Commission, which shall include but not be limited to the following information;

(a) name(s), address(es) and telephone number (s) of all owners,

(b) legal description of the property,

(c) zoning classification of all property surrounding the Development. Each primary use of building within the Development shall be classified as Commercial, Industrial or Residential, and

(d) adjoining property owners, including name(s) and address(es).

(2) Site Plan shall show the following information:

(a) contours at vertical intervals of ten (10) feet,

(b) street, right-of-ways and easements, location, widths and purposes,

(c) setback lines. All front setbacks shall be no less than thirty (30) feet from street right-of-way. Rear setback shall be no less than ten (10) feet from the rear property line.

(d) building lines,

(e) building coverage,

(f) tract boundary lines showing dimension, bearings, angles, monuments and references survey markers. All markers and monuments shall be set the same as subdivision points.

(g) buildings, recreation areas, landscaping and parking areas,

(h) outdoor lighting,

(I) height, scale, material and style of improvement,

(j) signs,

(k) name and address of developer, engineer or surveyor who prepared the plan,

(l) north point, date and scale,

(m) signature block for Plan Commission, Developer and Engineer,

(n) location map; in upper left corner,

(o) all drainage and utilities,

(p) other requirements considered appropriate by the Plan Commission,

(q) other features or conditions which affect the PUD favorable or adversely.

1-5       Approval of Plan Unit Development

(1) Upon compliance with Section 1-4, the Plan Administrator shall note, in writing, on the preliminary plans, his unofficial agreement or disagreement. The Plan Administrator may make recommendations to relocate buildings, streets or entrances.

(2) Upon compliance with Section 1-4, the Plan Administrator shall submit the Plan to the Plan Commission for preliminary approval.

(3) The applicant shall file with the Plan Commission no later than fifteen (15) days prior to the Plan Commission Meeting.

(4) The applicant shall give notice to the local Newspaper as outlined in IC 5-3-1-2 and IC 5-3-1-4 at least ten (10) days before the meeting. The cost shall be incurred by the applicant.

(5) The applicant shall submit three (3) copies of the Development Plan along with any other supporting documents to the Commission. The Commission shall carefully consider the plans and recommendations of the Administrator. The Plan Commission may approve or disapprove or amend the Development Plan.

(6) If the Plan Commission approves the plan, the President and Secretary shall sign the Plan and no changes shall be made unless approved by the Commission.

(7) If the Commission disapproves the PUD, the applicant may not re-submit the plan for a period of three (3) months unless the Commission votes unanimously to rehear the case.

(8) If the Commission make recommended changes, the plans may not be signed until all changes have been made.

1-6       Final Approval

(1) Once preliminary approval has been granted by the Plan Commission, final approval may be granted by a hearing committee consisting of the following members provided no changes have been made that were not approved by the Commission:

(a) President of Plan Commission
(b) Building Commissioner
(c) Town Engineer
(d) Two (2) members of the Plan Commission other than the president
(e) One (1) member of the Town Council

(2) Preliminary approval by the Commission expires upon the expiration of a three (3) year period immediately following that approval, unless all parts of the phase have been platted and recorded.

(3) Three copies (3) of Final Approval Plans shall be submitted to the Committee on twenty inch by thirty inch (20" x 30"), five (5) mils, Single Mat Mylar Print.

(4) The PUD may be submitted in phases, however each phase must be approved by the Commission.

(5) An appeal of the decision of the Hearing Committee shall be to the Plan Commission.

(6) Should changes be made from preliminary approval to the final approval , a public hearing shall be required for secondary approval.

(7) After final approval has been granted, all plans shall be recorded in the County Recorder's Office and no changes may be made without the approval of the Plan Commission.

1-7       Adoption

Be it ordained by the Town Council of the Town of Bunker Hill, Miami County, Indiana, that an ordinance be established for a Plan Unit Development.

That said Ordinance be made part of the Zoning Ordinance of the Town of Bunker Hill, Miami County, Indiana and that the Town of Bunker Hill Plan Commission shall have the authority of approval of all Plan Unit Development.

The Town Council for the Town of Bunker Hill, Miami County, Indiana, has given public notice of hearing relating to a Plan Unit Development in accordance with IC 5-3-1-2

1-8       Amendment

All changes or amendments to this ordinance shall be in accordance with IC 5-3-1-2 and approved by the Town Council of the Town of Bunker Hill , Miami County, Indiana.

1-9       Repealer

Upon the adoption of this Ordinance, the Plan Unit Development Ordinance of the Town of Bunker Hill dated October 21, 1997, is hereby repealed in its entirety.

This Ordinance shall be known and cited as the "Town of Bunker Hill Plan Unit Development Ordinance."

This Ordinance shall not be deemed to restrict in any way the authority given by the Law of the State of Indiana to similar Boards formed for similar purpose.

1-10       Effective Date

This Ordinance shall be in full force and effect in the manner provided by law in accordance with IC 36-7-4-1500 series and any amendments thereof.

This Ordinance is recommended for approval by the Town of Bunker Hill Plan Commission on this 7th day of August, 2001.

ATTEST:             ______________________________
Steve Daniels/President
Bunker Hill Plan Commission
______________________________
Linda L. Garber/Secretary
Bunker Hill Plan Commission
   

Come now before the Town Council of the Town of Bunker Hill, Miami County, Indiana

Passed by the Town Council of the Town of Bunker Hill, Miami County, Indiana this       day of           , 2001.

 

 
ATTEST:             ______________________________
Don Jaberg / President
Bunker Hill Town Council
______________________________
Janice Davis/Clerk-Treasurer
Town of Bunker Hill, Indiana
   

 

 

The Town Council of Bunker Hill, Miami County, Indiana failed to take action on this ordinance within ninety (90) days of the recommendation (certification) by the Plan Commission. On November 05, 2001 it became law.