ORDINANCE 231-009

AN ORDINANCE OF THE BURNS HARBOR TOWN COUNCIL AMENDING THE TEXT OF THE SUBDIVISION CONTROL AND ZONING ORDINANCES

WHEREAS, the Burns Harbor Town Council has adopted a Subdivision Control Ordinance as Chapter 14 and a Zoning Ordinance codified as Chapter 15 of the Town Code of Burns Harbor, Indiana; and

WHEREAS, the Burns Harbor Advisory Plan Commission has initiated certain amendments to the text portions of the Subdivision Control Ordinance and the Zoning Ordinance in order to make certain changes to the development standards applicable to residential construction; and

WHEREAS, a public hearing has been held before the Burns Harbor Advisory Plan Commission and said Commission has paid reasonable regard, in preparing and considering the proposal, to the factors set forth in I.C. 36-7-4-603 and now certifies its proposal to amend the text portions of its Subdivision Control Ordinance and Zoning Ordinance to the Burns Harbor Town Council; and

WHEREAS, notice has been given in accordance with Indiana Code of all proceedings concerning these text amendments; and

WHEREAS, the Burns Harbor Town Council concurs with its Advisory Plan Commission and accepts this proposal;

NOW THEREFORE, be it and it is hereby ordained by the Burns Harbor Town Council as follows:

Section 1. That Chapter 4 of the Town Code of the Town of Burns Harbor shall be amended by the addition of the following:

4-5 (D) No occupancy permit shall be issued for any structure containing a subgrade basement unless the basement contains a means of egress.

Section 2. That Section 4-14 of Chapter 4 of the Town Code of the Town of Burns Harbor shall be amended as follows:

4-14 No occupancy permit shall be issued unless the owner has completed landscaping in accordance with the requirements of Chapter 15 or has provided sufficient security in the form of a surety bond or letter of credit with an accompanying schedule for completion of the landscaping required in a form acceptable to the building commissioner. In cases where the landscaping requirements are secured by a bond or letter of credit, occupancy shall be conditioned upon completion of the landscaping requirements.

Section 3. That Chapter 14 of the Town Code of the Town of Burns Harbor shall be amended by the addition of the following Section 14-5-11(B):

14-5-11(B) All landscaping of common areas within any subdivision shall be the responsibility of the developer or the sub-divider, and the requirements for such common area landscaping shall be a requirement for secondary plat approval or the performance of said landscaping shall be secured by the infrastructure guarantee.

Section 4. That Chapter 14 shall be amended by the addition of the following Section 14-4-1(G)(11): 14-4-1(G)(11) All park land dedicated to the Town shall be graded and seeded prior to acceptance by the Town.

Section 5. That “Communications Towers” shall be added to the Form and Function Table, which is Table 15-2, as a Special Exception.

Section 6. That Addendum 15-1: Fees, Tables 15-2 and 15-3 shall be deleted.

Section 7. That Addendum 15-1: Fees, Table 15-1 shall be amended as follows:

Improvement Type R

New construction

$100.00 + $0.20 per sf of finished residential

space and $0.12 per sf

of unfunished space*

RC

$100.00 + $0.25

per sf of

finished residential

space and $0.17 per sf of

unfinished space

Remodeling existing residential

$35.00 + $0.15 per sf of area to be

remodeled * **

Construction of an addition to

$35.00 + $0.15 per sf * **

existing residential

* plus $35.00 fee for Certificate of Occupancy

Section 8. That Addendum 15-1: Fees, Table 15-4 Fees shall be amended as follows:

Permit Type

Improvement Location Permit

Fee Amount

starting at $35.00 * **

Section 9. That Addendum 15-1: Fees, Table 15-5 shall be re-titled to “Table 15-5: Fee Schedule for RC2, DD, BP, SD”.

Section 10. This Ordinance shall be in full force and effect from and after its adoption and passage as set forth by law, except that the changes affecting any building permit fee shall not take effect for a period of ninety (90) days after publication of the Ordinance, as required by law.

ALL OF WHICH IS PASSED AND ADOPTED BY THE BURNS HARBOR TOWN COUNCIL THIS 11TH DAY OF November, 2009.

T. Clifford Fleming

James P. McGee

R. Michael Perrine

Toni Biancardi

ATTEST:

Jane Jordan, Clerk-Treasurer

(November 16, 2009)