ARTICLE 15 PERMITS AND PROCEDURES
DIVISION 15.100 PURPOSE
Sec. 15.101 Purpose
The purpose of this Article is to set out all of the City’s development approval procedures in one place, and to standardize them to the maximum degree allowed by Indiana law.
DIVISION 15.200 PERMITS AND APPROVALS
Sec. 15.201 Permit Requirement
Permits are required for development within the City of Valparaiso. The required permits are set out in this Division.
Sec. 15.202 Administrative Permits
A. Zoning Clearance Permit.
1. A zoning clearance permit is required for approval of use, site improvements, landscaping, and architecture. Zoning clearance precedes a building permit, but may also be required in instances in which a building permit is not required.
2. The Planning Director issues zoning clearance permits upon a finding of compliance with this UDO.
B. Floodplain Permit.
1. A floodplain permit is required prior to the commencement of any development within the floodplain. A floodplain permit does not authorize construction, but only certifies compliance with the floodplain regulations in Division 4.500 , Floodplain and Wetland Standards. For property located in a floodplain, the floodplain permit is a prerequisite for other development permits.
2. The Floodplain Administrator issues Floodplain Permits upon a finding of compliance with Division 4.500 , Floodplain and Wetland Standards, and assurance that all other required State and Federal permits are obtained.
C. Site Permit.
1. A site permit is required prior to the commencement of any clearing, grading, excavation, fill, land disturbing activity, or construction of any site improvement, except with regard to the construction of a single-family home on a single-family lot in an improved subdivision.
Accordingly, for many types of development, a site permit is issued before or concurrently with a building permit. By way of example and not limitation, development activities that require a site permit include, but are not limited to:
a. Development or redevelopment of land that results in land disturbance of one acre or more, excluding individual lots with land disturbance less than one acre or individual lots that are developed within a larger permitted project site, as set out in Sec. 15.305 , Stormwater Management Plans.
b. Tree removal in excess of:
i. Three non-exempt trees within a one calendar year period; or
ii. If the parcel or lot contains more than one acre of tree canopy, three non-exempt trees per acre within the tree canopy within a one calendar year period.
c. Any excavation, fill, or earthmoving involving an earthwork quantity greater than 10 cubic yards.
d. Construction, paving, or re-paving of any driveway, private street, parking lot, sidewalk or path.
e. Construction of any paved surface larger than 100 square feet in area.
f. Construction or installation of any sewer, pipe, swale, or ditch for drainage purposes, except footing tiles or roof drainage interior to a structure.
g. Installation of any exterior lighting for any site or use except single-family, duplex, twin home, or three-plex units.
2. The City Engineer issues site permits upon a finding of compliance with this UDO and any other applicable regulations that the City Engineer has been delegated the responsibility to enforce. Where appropriate, the Erosion Control Permit, the Right-of-Way Cut Permit, and/or the Sanitary Sewer Permit may be incorporated into the Site Permit process and form at the discretion of the City Engineer.
3. All permits require the applicant to:
a. Notify the Engineering Department at least 24 hours before beginning any land disturbing activity.
b. Obtain the permission of the Board before modifying the erosion control plan.
c. Install and maintain all erosion control measures as identified in the erosion control plan.
d. Maintain all road drainage systems, storm water drainage systems and other facilities as identified in the erosion control plan.
e. Remove sediment resulting from land disturbing activities from adjacent surfaces and/or drainage courses.
f. Allow the Engineering Department to enter the site to verify compliance with the erosion control plan or to perform any work necessary to bring the site into compliance with the erosion control plan.
g. Submit a revised plan for approval if the nature of the project changes from that proposed under the permit.
D. Building Permit.
1. A building permit is required prior to the improvement, construction, reconstruction, or repair of any existing or new building or structure, except as provided herein. By way of example and not limitation, development activities that require a building permit include, but are not limited to:
a. Installation or construction of any roofing or re-roofing, fences or swimming pools (above and in-ground);
b. Installation or construction of a sign, tower, shed, gazebo, shelter, deck, porch, carport, patio, kennel (anchored to ground), garage, or room addition (includes custom built or prefabricated three season rooms or sun rooms);
c. Construction, reconstruction, repair, moving or demolition of any residential, commercial, municipal, recreational, institutional, or industrial building or structure;
d. Alteration or remodeling of an existing building or structure that includes any changes in structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of ingress and/or egress, or any other change(s) affecting or regulated by the Building Code or this UDO, except for minor repairs or changes not involving any of the aforesaid provisions.
2. The Building Commissioner issues building permits upon a finding that the location of the proposed building or structure complies with this UDO, and the structure complies with the building code. No permit shall be issued for any work or project until an application has been submitted in accordance with the provisions of this UDO, showing that the construction proposed is and/or will be in compliance with the provisions of this UDO and with the Building Code(s).
3. A record of all building permits shall be kept in the office of the Building Commissioner, and copies of the permits shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
4. For many activities, a Site Permit will be required before the Building Permit can be issued.
The Site Review Committee may, as a condition to the issuance of any building permit, require a site review and Site Permit for any proposed development that meets any one of the following conditions:
a. More than one principal structure is scheduled for development on any parcel; or b. Any structure (except a single family dwelling) is scheduled for development,
redevelopment, or expansion; or
c. Change of use of any part of an existing building in any zone is planned; or d. The lot is being divided into two or more lots; or
e. The application is for any other development or redevelopment which the Site Review Committee finds presents special problems.
E. Facade Improvement Permit.
1. Façade Improvement Permits are only required within special overlay districts. They are intended to ensure compliance with overlay district design standards. A Façade Improvement Permit is required before the issuance of a building permit for the improvement, construction, repair or substantial maintenance of any building façade visible from a public right-of-way, or before the commencement of an improvement if no building permit is required (e.g., painting the building a different color).
2. By way of example and not limitation, development activities that require a Façade Improvement Permit include, but are not limited to:
a. Installation of any siding or any change in building materials on an existing building façade;
b. Any replacement of doors or windows regardless of existing size, shape or type;
c. Painting or repainting any building façade a color that presently does not exist as the primary color of the existing façade;
d. Alterations or cosmetic changes, repairs or maintenance that changes in any way the appearance of any façade visible from a public right-of-way.
3. A Façade Improvement Permit will not be required for cleaning, repainting of a façade the same color as its existing condition, or maintenance that does not affect the appearance of the facade.
4. The Planning Director issues Facade Improvement Permits in conjunction with Zoning Clearance Permits.
5. The issuance of a Façade Improvement Permit does not constitute issuance of a building permit. Any improvement that requires a building permit shall not commence until the building permit is issued.
F. Certificate of Occupancy.
1. A Certificate of Occupancy is required prior to the use of any land, building or structure for which a Building Permit is (or was) required. The Certificate of Occupancy certifies that the completed project complies with the provisions of this UDO and all other pertinent ordinances.
2. It shall be unlawful to occupy any building or structure unless a full, partial, or temporary Certificate of Occupancy has been issued by the building Commissioner, as follows:
a. Certificates of Occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such use of land, comply with the provisions of this UDO (including landscaping requirements) and all other pertinent ordinances. A temporary certificate of occupancy may be issued if weather does not permit installation of landscaping.
b. The Building Commissioner may issue a temporary Certificate of Occupancy, provided that:
i. The temporary Certificate of Occupancy may be issued only after the building or structure is fully completed and ready for occupancy; and
ii. The building, structure and/or lot is in conformity with the provisions of this UDO, the Building Code and all other pertinent ordinances.
c. The Building Commissioner may issue a partial Certificate of Occupancy for part of a building, structure, or lot prior to the occupancy of the entire building, structure, or lot, provided that such portions of the building, structure, or lot are in conformity with the provisions of this UDO, the Building Code and all other pertinent ordinances. However, Partial Certificates of Occupancy shall not be issued on single-family dwellings, duplexes, or twin homes.
3. A record of all Certificates of Occupancy shall be kept in the office of the Building Commissioner, and copies of such Certificates of Occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.
4. Accessory buildings or structures to dwellings shall not require a separate Certificate of Occupancy, but rather may be included in the Certificate of Occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.
5. The Building Commissioner issues Certificates of Occupancy. No Certificate of Occupancy for any building or structure, erected, altered or repaired after the adoption of this UDO shall be issued unless such building or structure was erected, altered or repaired in compliance with the provisions of this UDO and the Building Code.
6. If the Building Commissioner refuses a Certificate of Occupancy for cause, the Building Commissioner shall notify the applicant of the refusal and the cause.
7. The issuance of a final inspection “green tag” (inspection card) does not constitute issuance of a Certificate of Occupancy.
G. Sign Permit.
1. A sign permit is required before permanent signs are erected, altered, constructed, or relocated, except for signs that are expressly exempted from the permitting process. No person shall engage in any work requiring a permit without having the written permit in his possession at the job site.
2. The Building Commissioner issues the sign permit upon demonstration that the sign complies with the applicable standards of this UDO and the Building Code.
H. Temporary Use Certificate.
1. Temporary use certificates are required prior to the temporary use of land for uses designated as "Temporary Uses" in Table 2.201.B., Nonresidential Uses.
2. The Planning Director issues the temporary use certificate upon demonstration that the temporary use will comply with the applicable provisions of this UDO.
I. Limited Use Permit.
1. Limited Use permits are required prior to the establishment of a limited use.
2. The Planning Director issues the Limited Use permit upon demonstration that the proposed use will comply with the applicable requirements of Division 2.500 , Limited and Special Use Standards.
J. Master Plan Approval.
1. Master plan approvals are required prior to development within the CA district, and may be used in the CP district. Once a master plan is approved, site review is required for all development pursuant to the master plan.
2. The Planning Director approves, approves with conditions, or denies Master Plans, and shall consult the City's other professional staff for comments and recommendations.
Sec. 15.203 Discretionary Approvals
A. Rezoning.
1. A rezoning is a change to the Official Zoning Map.
2. Rezonings are approved by the City Common Council after recommendation of the Plan Commission.
B. Variance from Use.
1. A variance from use is a variance from the terms of Division 2.200, Uses by District.
2. Variances from use are approved by the Board of Zoning Appeals, except that within the Eastgate Overlay District they are approved by the Hearing Officer.
C. Variance from Development Standards.
1. A variance from development standards is a variance from any standard of this UDO other than in Division 2.200, Uses by District.
2. Variances from development standards are approved by the Board of Zoning Appeals, except that within the Eastgate Overlay District they are approved by the Hearing Officer.
D. Special Use.
1. A special use is a use that requires additional scrutiny and additional standards to ensure that it will be compatible with its context.
2. Special uses are approved by the Board of Zoning Appeals, except that within the Eastgate Overlay District they are approved by the Hearing Officer.
E. Planned Unit Development Ordinance.
1. A Planned Unit Development Ordinance is a zoning ordinance that does the following:
a. Designates a parcel of real property as a planned unit development district.
b. Specifies uses or a range of uses permitted in the planned unit development district.
c. Specifies development requirements in the planned unit development district.
d. Specifies the plan documentation and supporting information that may be required.
e. Specifies any limitation applicable to a planned unit development district.
f. Meets the requirements of IC 36-7-4-1500 et seq., 1500 Series, Planned Unit Development.
2. A Planned Unit Development ordinance is the exclusive means for exercising zoning control over planned unit development.
3. Planned Unit Development ordinances are adopted by the City Common Council after recommendation of the Plan Commission.
F. Primary Plat Approval.
1. Primary plat approval is the first of two steps of plat approval. It is intended to ensure that the plat will comply with the requirements of this UDO, the Standards Manual, and other applicable regulations.
2. The Plat Committee approves primary minor plats as provided in Section 15.801 , Types of Plats.
3. The Plan Commission approves primary plats as provided in Section 15.801 , Types of Plats.
G. Secondary Plat Approval.
1. Secondary plat approval is the second of two steps of plat approval. It is intended to ensure that the recorded plat is consistent with the approved primary plat.
2. The Plan Commission and the Board of Public Works and Safety approves secondary plats, or delegates approval authority, as provided in Section 15.805 , Secondary Plat Approval Procedures.
H. Floodplain Deviations.
1. Floodplain deviations are intended to allow relief from the requirements of Division 4.500 , Floodplain and Wetland Standards in hardship cases.
2. Floodplain deviations are granted by the Board of Public Works and Safety.
Sec. 15.204 Permit Surety
A. Generally. Surety is required for site permits that involve land disturbing activities, as provided in this Section.
B. Exemptions. Applicants for permits for individual one, two and/or three family home sites shall be exempt from the conditions of this sub-section.
C. Required Surety. As a condition of the approval and issuance of the permit the applicant shall provide surety in the amount of not less than $5,000 which shall remain in full force and effect throughout the length of the permit.
D. Alternative Surety. Contractors may provide alternative security to that required by subsection C., as follows:
1. For contractors who regularly do work within the City on this or other types of projects may file a continuous surety bond with the City to cover the requirements of this section.
Renewal notices shall be issued annually. Unless provided otherwise this same bond may be used to cover other City projects.
2. If a contractor maintains a performance bond recorded with Porter County and said bond includes all cities, towns and municipalities within the county under the coverage, the City will accept a copy of that bond in lieu of separate surety to the City. However, renewals, continuation certificates, and notices of cancellations must be directed to the City of Valparaiso by the bonding agency.
DIVISION 15.300 STANDARDIZED DEVELOPMENT APPROVAL PROCEDURES
Sec. 15.301 Summary of Approval Procedures
A. Administrative Approvals.
1. Administrative approvals are granted by City Staff, as follows:
a. Site Permit: City Engineer
b. Building Permit: Building Commissioner c. Facade Improvement Permit: Planning Director
d. Certificate of Occupancy or Compliance: Building Commissioner e. Floodplain Permit: Floodplain Administrator
f. Conceptual Drainage Plan: City Engineer
2. The general procedure for administrative approvals that are described elsewhere in this Article is set out in Figure 15.301.A., Administrative Approvals.
Figure 15.301.A.
Administrative Approvals
General Administrative Approval Process (Zoning Clearance; Facade Improvement Permits; Building Permits; Floodplain
Permits; Sign Permits; etc.)
Certificates of Occupancy or Compliance
B. Plan Commission Approvals.
1. The Plan Commission approves primary and secondary subdivision plats.
2. The general procedure for Plan Commission approvals that are described elsewhere in this Article is set out in Figure 15.301.B., Plan Commission Approvals.
Figure 15.301.B.
Plan Commission Approvals
Subdivision Plats
C. Board of Zoning Appeals and Hearing Officer Approvals.
1. Board of Zoning Appeals approvals are granted by the Board of Zoning Appeals, and Hearing Officer approvals are granted by the Hearing Officer, as follows:
a. Development Standards Variances;
b. Use Variances; and c. Special Use approvals.
2. The general procedure for such approvals, described elsewhere in this Article, is set out in Figure 15.301.C., Board of Zoning Appeals and Hearing Officer Approvals.
Figure 15.301.C.
Board of Zoning Appeals and Hearing Officer Approvals
Variance or Special Use
D. City Common Council Approvals.
1. City Common Council approvals are granted by the City Common Council, as follows:
a. Privately Initiated Text Amendments;
b. Rezonings; and
c. Planned Unit Development Ordinances (including Primary Development Plan and Concept Plan).
2. The general procedure for City Common Council approvals, described elsewhere in this Article, is set out in Figure 15.301.D., City Common Council Approvals.
Figure 15.301.D.
City Common Council Approvals
Rezoning Process
Figure 15.301.D.
City Common Council Approvals
Planned Unit Development Ordinance Process
Figure 15.301.D.
City Common Council Approvals
E. Requests for Rezoning to CA Campus District.
1. Requests for rezoning to CA Campus District notification of interested parties as required by Statute shall be conducted as follows:
a. Notification shall be based upon a radius of 300 feet from the building(s) located on the site(s) included in the request for additional or initial reoning to CA District;
b. Existing areas zoned CA District shall not be included in determining the required 300- foot radius for notification; and
c. Requests for additional CA District designation shall include a minimum of 20,000 sf. in area to be rezoned.
Sec. 15.302 Pre-Application Conference
A. Generally. A pre-application conference is recommended for all applications for development review except applications for building permits for single-family detached dwellings or two- family dwellings and accessory buildings or structures and signs. At the pre-application conference, City Staff will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications will be required and what information will have to be provided.
B. Conference Logistics.
1. The responsible official is authorized to establish a regular schedule for pre-application conferences, provided that:
a. The schedule is posted at City Hall and on the City's worldwide web site; and
b. The schedule provides for pre-application conferences to take place at least one day per week.
2. The responsible official may allow pre-application conferences to be conducted by telephone.
C. Application.
1. The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
a. The location of the project;
b. The proposed uses (in general terms);
c. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
d. The relationship to existing development; and
e. Any other conditions or items that the applicant believes are relevant to the processing of the application.
2. The responsible official may request that the applicant bring completed application forms (in draft form) for the types of permits being sought.
Sec. 15.303 Site Review
A. Purpose. The purpose of site review is to work with applicants to ensure that applications are complete and compliant with this UDO and other applicable City ordinances. Site review makes the development review process more efficient.
B. Applicability. Site review is required for all new development and all substantial improvements to existing development. However, single-family detached dwellings and two- family homes shall not be subject to site review. Site review follows a pre-application conference.
C. Application. The applicant shall submit a site plan of the proposed development, which shall provide sufficient detail to evaluate the proposal's compliance with this UDO. For projects in preliminary stages of development the Site Review may be held for the purposes of conceptually planning the project. The Site Review Committee may request additional information and additional site review meetings on a proposed development if the information provided is not sufficient to evaluate the proposal.
D. Procedure.
1. The applicant shall submit copies of a site plan of the proposed development in a number determined by the Planning Director not less than seven days prior to the site review meeting.
2. The applicant shall schedule a site review meeting with the Site Review Committee not less than seven days in advance. The applicant or authorized representative must be present at the meeting.
3. The Site Review Committee shall evaluate the proposed site plan according to the standards of this UDO and any other municipal ordinances that may apply, and shall provide the applicant with verbal comments, followed by minutes of the site review meeting and any requests for additional information that will be needed to fully evaluate the proposal.
4. When site review is complete, the submitted site plan, site review minutes, and information requests shall become a part of the project file, and shall be distributed to subsequent decision-makers.
E. Effect of Site Review.
1. Site review is advisory, and does not constitute a development approval. However, completion of the site review process may be a prerequisite to administrative permits and discretionary approvals.
2. If the approval sought by the applicant for site review (e.g., building permit, site permit, use variance, subdivision, PUD, etc.) is not granted within one year of completion of site review, then additional site review is required unless the Planning Director finds that:
a. There have been no changes in applicable ordinances, including this UDO;
b. There have been no changes in the character of the parcel proposed for development and its immediate environs; and
c. The applicant has diligently pursued approval of the application to which the site plan relates, and has been delayed through no fault of the applicant.
3. It is required by the Site Review Committee that once a site plan has been successfully reviewed, it will be built according to the plan as presented and/or amended by site review;
or the developer shall request an additional review to discuss major changes to the site plan.
4. No permits shall be issued after a favorable site review until all required easements, rights- of-way, plats, deed restrictions, or other required legal documents have been provided to the City Engineer in a form suitable for recording.
F. Minutes.
1. The Site Review Committee shall appoint a secretary to take minutes of the meetings and distribute them to all participants.
2. The minutes shall indicate:
a. If a proposed site plan meets all City regulations, if adjustments will be required, or if additional information is needed before approvals can be granted and permits issued;
b. All permits that will be required for the proposed development (by checklist).
c. Whether additional site review is required after requested additional information is submitted.
3. If the site plan is part of a project that will be reviewed by the Plan Commission and/or the Board of Zoning Appeals, copies of the minutes shall be distributed to members of those boards.
Sec. 15.304 Landscape Plans
A. Generally. To ensure plant materials are installed and property maintained, a landscape plan is be required of all developments listed in subsection B. Landscape plans shall show all plant material and provide tables indicating the planting of each type required by Article 10 , Landscaping. Plans meeting minimum standards shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds alteration would better serve the purpose for which they are intended. Appendix B , Plant Lists, provides a list of permitted and prohibited plant species.
B. Applicability and Approval Process.
1. The requirements of this section shall apply to:
a. projects that require subdivision approval;
b. projects that require planned unit development approval;
c. projects that require development plan approval;
d. mixed-use projects;
e. multifamily projects; and f. non-residential projects.
2. Landscape plans shall be submitted to the Site Review Committee (see Section 15.303 , Site Review ). During initial site review for projects requiring a landscape plan, a site plan shall be submitted to the Site Review Committee which depicts the general location of any existing tree canopy in relation to existing and proposed site improvements.
3. Landscape plans submitted to the Site Review Committee shall be forwarded for approval to Valparaiso Park Department horticulturist or designated agent. Changes to an approved Landscape Plan, which reduce the number of trees to be planted and/or remove additional non-exempt trees of 10-inch DBH, shall require the review and approval from the Valparaiso Department of Parks and Recreation.
C. Contents of Landscape Plan.
1. Landscape plans shall be drawn to scale of not less than 1 inch = 50 feet, or as an overlay on a topographical survey.
2. Landscape plans shall contain the following criteria or information estimated as close as possible:
a. The location of existing and proposed structures;
b. The location of parking lots, drives, roadways, right-of-ways, and sidewalks;
c. The elevations and locations of all fences, bridges, retaining walls or other similar details;
d. The number, species, and general location of all non-exempt trees of 10-inch DBH or greater to be removed.
e. Lot coverage calculations before and after site (re)development.
f. The DBH, general location, species of all trees and plant material to be planted after site (re)development.
3. Residential subdivisions and Planned Unit Developments shall be required to show for subsections C.2.d. and C.2.g., above, trees and plant material within public property, common areas, open space and or recreation areas.
4. The Landscape plan shall contain a summary of the covenants and restrictions that pertain to Article 10, Landscaping.
5. The Landscape plan shall contain a statement of the methods by which the applicant will satisfy the requirements of this Article throughout site (re)development.
6. Landscape plans shall show how the developer intends to work with the natural features of the property, with special concern being given to the preservation of mature trees and those trees on the Priority Tree List during site (re)development.
7. Landscape plans shall specify the planned impact of proposed improvements and development (overhead lines, roadways, berms, parking areas, etc.) upon the property.
15.305 Stormwater Management Plans
A. Conceptual Drainage Plan Review . In order to establish that an adequate drainage outlet(s) exists for a proposed development seeking Primary Preliminary Plat approval in accordance with Division 15.800 , Subdivision Plat Procedures , or Development Plan approval in accordance with Division 15.400 , Procedures and Administration for Development Plan Approval , from the City of Valparaiso Plan Commission or Planning Director, respectively , a developer may apply for a conceptual drainage plan review by the City Engineer ’s office . As part of the noted conceptual drainage plan review, a developer shall submit conceptual drainage plans for review by the City Engineer prior to the Plan Commission hearing for review and approval of a Primary Plat or Planning Director approval for a Development Plan . Note that Any preliminary drainage
approval by the City of Valparaiso Plan Commission (for Primary Plats and other Plan Commission approvals) and/or City Engineer (for Development Plans and other administrative approvals) as a result of such a review is based on preliminary data and shall not be construed as a final drainage approval or considered binding on either party.
B. Data Requirements . The following is a general listing of minimum data requirements for the review of conceptual drainage plans:
1. Two (2) complete sets of conceptual plans showing general project layout, including existing and proposed drainage systems and proposed outlets (plan sheets must be larger than 11” by 17”, but not to exceed 24” by 36”);
2. General description of the existing and proposed drainage systems in narrative form;
3. Watershed boundaries on County LIDAR 1-foot topographic mapping;
4. Existing watercourse or regulated drains; and
5. Letter of Intent (LOI) for obtaining any needed consents, off-site easements, right-of-way, or regulatory permits.
C. Permit Procedures.
1. Applicability . This Section applies to all development, or redevelopment of land, that results in land disturbance of one (1) acre or more. Individual lots with land disturbance less than one (1) acre, or individual lots that are developed within a larger permitted project site, should refer to Subsection E, Review of Individual Lots , below , for plan review requirements and procedures.
2. Application . The project site owner shall submit an application for a site permit to the City of Valparaiso Engineering Department. The application will include:
a. Draft Notice of Intent letter (NOI);
b. Site permit application form;
c. Construction plan sheets;
d. Stormwater drainage technical report;
e. Stormwater pollution prevention plan (SWPPP); and
f. Any other necessary support information ( see Subsection D, Information Requirements , below ) Specific information to be included in the application can be found in Section 7.803 below.
3. Submission Requirements . Three (3) copies of each of the above described application materials must be submitted to the City of Valparaiso . Additionally, a digital copy of the construction plans is required in a format accepted by the City Engineer.
4. Application Completeness . After the City of Valparaiso receipt of the application, the applicant will be notified as to whether their application was complete or insufficient, in accordance with Sec. 15.306 , Application Completeness Review . The applicant will be asked for additional information if the application is insufficient.
5. Approval or Request for Modification . Once all comments have been received and the review is complete, the City Engineer will either approve the project or request modifications.
6. Form and Permit Issuance . Once the conceptual drainage plans are approved, a Construction / Stormwater Pollution Prevention Plan (SWPPP) Technical Review and Comment form and a Site Permit will be issued.
7. Notice of Intent (NOI) . The project site owner must file a Notice of Intent (NOI) a minimum of 48 hours prior to the commencement of construction activities. Notification shall be in the form of an updated NOI form. The submittal of the NOI must be provided to the City of Valparaiso and the Indiana Department of Environmental Management (IDEM). The The submittals must include:
a. IDEM:submittal must include a i. Proof of publication;
ii. Verification that the jurisdictional entity approved the plan (the Construction/Stormwater Pollution Prevention Plan Technical Review and Comment form); and
iii. The applicable a $100 fee established by IDEM.
b. For City of Valparaiso (number of copies determined by the City):
i. Copies of the final, approved construction plans;
ii. Stormwater drainage technical report;
iii. Stormwater pollution prevention plan (SWPPP) for construction sites;
iv. Post-construction stormwater pollution prevention plan (shall also accompany the above-noted written notification and proof of publication);
v. Copy of Notice of Sufficiency (NOS) shall also be sent to the City of Valparaiso once the project site owner receives it from IDEM. The number of required copies varies from case to case and should be determined by contacting the City of Valparaiso.
8. Pre-Construction Meeting . A pre-construction meeting is required to be held prior to any grading activity to ensure that appropriate perimeter control measures have been implemented on the site and the location of any existing tiles have been properly marked.
9. Monitoring . Once construction starts, the project owner shall monitor construction activities and inspect all stormwater pollution prevention measures in compliance with this UDOOrdinance and the terms and conditions of the approved permit.
10. As-Built Plans . Upon completion of construction activities, as-built plans must be submitted to the City of Valparaiso.
11. Notice of Termination (NOT) . A Notice of Termination (NOT) shall be sent to the IDEM once the construction site has been stabilized and all temporary erosion and sediment control measures have been removed. Permits issued under this scenario will expire five years from the date of issuance. If construction is not completed within five years, the NOI must be resubmitted at least 90 days prior to expiration.
D. Information Requirements.
1. Exemptions . Specific projects or activities may be exempt from all or part of the informational requirements listed below. Exemptions are detailed in the “Applicability and Exemptions” Sections of Division 7.300 , Stormwater Quantity Management ; Division 7.400 , Stormwater Pollution Prevention for Construction ; and Division 7.500 , Stormwater Quality Management for Post-Construction . If a project or activity is exempt from any or all
requirements of this UDO Ordinance , an application should be filed listing the exemption criteria met, in lieu of the information requirements listed below. This level of detailed information is not required for individual lots, disturbing or impacting less than one acre of land, or developed within a larger permitted project site. Review and acceptance of such projects is covered under Subsection E, Review of Indivision Lots7.804 of this division.
2. Secondary Stormwater Plan Submittals . The different elements of a permit submittal for a Secondary Stormwater Plan approval (question: do we have this at Valpo?) include:
a. Notice of Intent (NOI);
b. Proof of publication of a public notice;
c. Construction plans;
d. Stormwater drainage technical report;
e. Stormwater pollution prevention plan (SWPPP) for active construction sites;
f. Post-construction stormwater pollution prevention plan; and g. Any other necessary supporting information.
3. Signed and Sealed . All plans, reports, calculations, and narratives shall be signed and sealed by a professional engineer or a licensed surveyor, registered in the State of Indiana.
4. Draft Notice of Intent (NOI).
a. The NOI is a standard form developed by the Indiana Department of Environmental Management (IDEM), which requires general project information. As part of the City's of Valparaiso Site Permit application package, the NOI form should be completed in full based on data and information available at the time of application.
b. An updated version of this form, accompanied by proof of publication in a newspaper of general circulation in the affected area that notified the public that a construction activity is to commence will need to be resubmitted later after the site permit is granted and at least 48 hours prior to commencement of construction. The publication must include the following language: “ (Company name, address) is submitting an NOI letter to notify the City of Valparaiso City Engineer and the Indiana Department of Environmental Management of our intent to comply with the requirements of the City of Valparaiso Stormwater Management Ordinance, as well as the requirements of 327 IAC 15-5 and 327 IAC 15-13, to discharge stormwater from construction activities for the following project: (name of the construction project, address of the location of the construction project, and Parcel Identification Number). Run-off from the project site will discharge to (stream(s) receiving the discharge(s)).”
5. Construction Plans . Construction plan sheets (larger than 11” by 17”, but not to exceed 24”
by 36” in size) and an accompanying narrative report shall describe and depict the existing and proposed conditions. This must be submitted in digital format acceptable to the City Engineer as well as hard copy. Note that in order to gain an understanding of and to evaluate the relationship between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analysis of all detention/retention facilities, primary conveyance facilities, and outlet conditions. Construction plans need to include the
a. Title sheet which includes location map, vicinity map, operating authority, design company name, developer name, and index of plan sheets.
b. A copy of a legal boundary survey for the site, performed in accordance with Rule 12, Title 865 , of the Indiana Administrative Code or any applicable and subsequently adopted rule or regulation for the subdivision limits, including all drainage easements and wetlands.
c. A reduced plat or project site map showing the parcel identification numbers, lot numbers, lot boundaries, easements, and road layout and names. The reduced map must be legible and submitted on a sheet or sheets no larger than 11 inches by 17 inches for all phases or sections of the project site.
d. An existing project site layout that must include the following information:
i. A topographic map of the land to be developed and such adjoining land whose topography may affect the layout or drainage of the development. The contour intervals shall be one (1) foot intervals. All elevations shall be given in either National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum of 1988 (NAVD). The horizontal datum of the topographic map shall be based on Indiana State Plane Coordinates, NAD83. The map will contain a notation indicating these datum information.
a. If the project site is less than or equal to two (2) acres in total land area, the topographic map shall include all topography of land surrounding the site to a distance of at least one hundred 100 feet.
b. If the project site is greater than two (2) acres in total land area, the topographic map shall include all topography of land surrounding the site to a distance of at least two hundred 200 feet.
ii. Location, name, and normal water level of all wetlands, lakes, ponds, and water courses on or adjacent to the project site.
iii. Location of all existing structures on the project site.
iv. One hundred year floodplains, floodway fringes, floodways, and date reference information used to establish such (please note if none exists).
v. Identification and delineation of vegetative cover such as grass, weeds, brush, and trees on the project site.
vi. Location of storm, sanitary, combined sewer, and septic tank systems and outfalls.
vii. Apparent land use of all adjacent properties.
viii.Identification and delineation of sensitive areas.
ix. The location of regulated drains, farm drains, inlets and outfalls, if any of record, along with recordation number, etc.
x. Location of all existing cornerstones within the proposed development and a plan to protect and preserve them.
xi. Date topographic survey (field work) was performed.
xii. A grading and drainage plan, including the following information:
a. Location of all proposed site improvements, including roads, utilities, lot delineation and identification, proposed structures, and common areas, along with finished floor elevations of all living areas;
b. One hundred year floodplains, floodway fringes, floodways, and date reference information used to establish such (please note if none exists);
c. Delineation of all proposed land disturbing activities, including off-site activities that will provide services to the project site;
d. Information regarding any off-site borrow, stockpile, or disposal areas that are associated with a project site, and under the control of the project site owner;
e. Existing and proposed topographic information at a contour interval appropriate to indicate drainage patterns;
f. Location, size, and dimensions of all existing streams to be maintained and new drainage systems such as culverts, bridges, storm sewers, conveyance channels, and 100-year overflow paths/ponding areas shown as hatched areas, along with all associated easements;
g. Location, size, and dimensions of features such as permanent retention or detention facilities, including natural or constructed wetlands, used for the purpose of stormwater management (include existing retention or detention facilities that will be maintained, enlarged, or otherwise altered and new ponds or basins to be built); and
h. One or more typical cross-sections of all existing and proposed channels or other open drainage facilities (including existing retention or detention facilities) carried to a point above the 100-year high water and showing the elevation of the existing land and the proposed changes, together with the high water elevations expected from the 100-year storm under the controlled conditions called for by this Ordinance, and the relationship of structures, streets, and other facilities.
xiii.Utility plan sheet(s) showing the location of all proposed utility lines for the project.
xiv.Storm sewer plan/profile sheet(s) showing the elevation, size, length, location of all proposed storm sewers. Existing and proposed ground grades, storm sewer structures elevations, and utility crossings also must be included.
xv. A 24-inch by 36-inch plat (both in hard copy and digital format acceptable to the City Engineer), including the following information:
a. Legal description;
b. Cross reference to Rule 12; and c. Regulated drain statement and table.
xvi.Any other information required by the C ity of Valparaiso Plan Commission (Site Review Committee?) and/or City Engineer in order to thoroughly evaluate the submitted material.
6. Stormwater Drainage Technical Report . A written stormwater drainage technical report must contain a discussion of the steps taken in the design of the stormwater drainage
between the proposed improvements for a specific project section/phase and the proposed improvements for an overall multi-section (phased) project, the detailed information requested herein for the first section/phase being permitted must be accompanied by an overall project plan that includes the location, dimensions, and supporting analysis of all detention/retention facilities, primary conveyance facilities, and outlet conditions. The technical report needs to include the following detailed items:
a. A summary report, including the following information:
i. Description of the nature and purpose of the project.
ii. The significant drainage problems associated with the project.
iii. The analysis procedure used to evaluate these problems and to propose solutions.
iv. Any assumptions or special conditions associated with the use of these procedures, especially the hydrologic or hydraulic methods.
v. The proposed design of the drainage control system.
vi. The results of the analysis of the proposed drainage control system showing that it does solve the project’s drainage problems. Any hydrologic or hydraulic calculations or modeling results must be adequately cited and described in the summary description. If hydrologic or hydraulic models are used, the input and output files for all necessary runs must be included in the appendices. A map showing any drainage area subdivisions used in the analysis must accompany the report.
vii. Soil properties, characteristics, limitations, and hazards associated with the project site and the measures that will be integrated into the project to overcome or minimize adverse soil conditions.
viii.Identification of any other State or Federal water quality permits that are required for construction activities associated with the owner’s project site.
b. A hydrologic/hydraulic analysis, consistent with the methodologies and calculation included in the City's of Valparaiso Stormwater Technical Standards Manual, and including the following information:
i. A hydraulic report detailing existing and proposed drainage patterns on the subject site. The report should include a description of present land use and proposed land use. Any off-site drainage entering the site or any downstream restrictions should be addressed as well. This report should be comprehensive and detail all of the steps the engineer took during the design process.
ii. All hydrologic and hydraulic computations should be included in the submittal.
These calculations should include, but are not limited to the following: runoff curve numbers and runoff coefficients, runoff calculations, stage-discharge relationships, times-of-concentration and storage volumes.
iii. Copies of all computer runs. These computer runs should include both the input and the outputs. Electronic copies of the computer runs with input files must also be included.
iv. A set of exhibits should be included showing the drainage sub-areas and a schematic detailing of how the computer models were set up.
v. A conclusion which summarizes the hydraulic design and details how this design satisfies this UDOOrdinance.
vi. Signed and certified (stamped) by a Professional Engineer registered in the State of Indiana.
7. Stormwater Pollution Prevention Plan (SWPPP) for Construction Sites . A stormwater pollution prevention plan (SWPPP) associated with construction activities must be designed to, at least, meet the requirements of this UDO Ordinance and must include the following:
a. Location, dimensions, detailed specifications, and construction details of all temporary and permanent stormwater quality measures.
b. Soil map of the predominant soil types, as determined by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Soil Survey, or as determined by a soil scientist. Hydrologic classification for soils should be shown when hydrologic methods requiring soils information are used. A soil legend must be included with the soil map.
c. 14-Digit Watershed Hydrologic Unit Code.
d. An estimate of the peak discharge, based on the ten 10-year storm 24-hour event, of the project site for post-construction conditions.
e. Locations where stormwater may be directly discharged into groundwater, such as abandoned wells or sinkholes (please note if none exists).
f. Locations of specific points where stormwater discharge will leave the project site.
g. Name of all receiving waters. If the discharge is to a separate municipal storm sewer, identify the name of the municipal operator and the ultimate receiving water.
h. Temporary stabilization plans and sequence of implementation.
i. Permanent stabilization plans and sequence of implementation.
j. Temporary and permanent stabilization plans shall include the following:
i. Specifications and application rates for soil amendments and seed mixtures.
ii. The type and application rate for anchored mulch.
k. General construction sequence of how the project site will be built, including phases of construction and the associated time of year they are expected to be done.
l. Construction sequence describing the relationship between implementation of stormwater quality measures and stages of construction activities.
m. Location of all soil stockpiles and borrow areas.
n. A typical erosion and sediment control plan for individual lot development.
o. Self-monitoring program including plan and procedures.
p. A description of potential pollutant sources associated with the construction activities, which may reasonably be expected to add a significant amount of pollutants to stormwater discharges.
q. Material handling and storage associated with construction activity shall meet the spill prevention and spill response requirements in 327 IAC 2-6.1.
r. Name, address, telephone number, and list of qualifications of the trained individual in charge of the mandatory stormwater pollution prevention self-monitoring program for the project site.
8. Post-Construction Stormwater Pollution Prevention Plan (SWPPP) . The post-construction stormwater pollution prevention plan must include the following information:
a. A description of potential pollutant sources from the proposed land use, which may reasonably be expected to add a significant amount of pollutants to stormwater discharges.
b. Location, dimensions, detailed specifications, and construction details of all post- construction stormwater quality measures.
c. A description of measures that will be installed to control pollutants in stormwater discharges that will occur after construction activities have been completed. Such practices include infiltration of runoff, flow reduction by use of open vegetated swales and natural depressions, buffer strip and riparian zone preservation, filter strip creation, minimization of land disturbance and surface imperviousness, maximization of open space, and stormwater retention and detention ponds.
d. A sequence describing when each post-construction stormwater quality measure will be installed.
e. Stormwater quality measures that will remove or minimize pollutants from stormwater run-off.
f. Stormwater quality measures that will be implemented to prevent or minimize adverse impacts to stream and riparian habitat.
g. An operation and maintenance manual for all post-construction stormwater quality measures to facilitate their proper long term function. This operation and maintenance manual shall be made available to future parties who will assume responsibility for the operation and maintenance of the post-construction stormwater quality measures. The manual shall include the following:
i. Contact information for the best management practice (BMP) owner (i.e. name, address, business phone number, cell phone number, pager number, e-mail address, etc.).
ii. A statement that the BMP owner is responsible for all costs associated with maintaining the BMP.
iii. A right-of-entry statement allowing City personnel to inspect and maintain the BMP.
iv. Specific actions to be taken regarding routine maintenance, remedial maintenance of structural components, and sediment removal. Sediment removal procedures should be explained in both narrative and graphical forms. A tabular schedule should be provided listing all maintenance activities and dates for performing these required maintenance activities.
v. Site drawings showing the location of the BMP and access easement, cross sections of BMP features (i.e. pond, forebay(s), structural components, etc.), and the point of discharge for stormwater treated by the BMP. Additionally, the drawings should provide dimensional information and indicate where applicable warning signs will be placed around a stormwater quality pond. These drawings need to be submitted both in hard copy and in digital format acceptable to the City Engineer.
E. Review of Individual Lots . For individual lots, or projects disturbing land between 3,000 square feet and one acre, without regard as to the applicable zoning district , and/or land disturbing activities less than 3,000 square feet but with sites immediately adjacent to a storm sewer inlet, ditch, stream, wetland or other water courses, and any sites which are located on ground with a slope of six percent or greater, a formal review of individual lot/project plan and issuance of a site permit to the lot/project is required. The following information must be submitted to the Engineering Department for review and acceptance, by the individual lot operator, whether owning the property or acting as the agent of the property owner, as part of a request for review and issuance of a site permit. In addition, for individual lots that are developed within a larger permitted project, all stormwater management measures necessary to comply with this UDO Ordinance must be implemented in accordance with permitted plan for the larger project. Question for this section: if a project is to clear and/or grade a site only, can this section still apply? If it is just grading, now we don’t required a lot plan sealed/signed by an Indiana Registered land Surveyor.
1. Lot Plan . A lot plan sealed/signed by an Indiana Registered land Surveyor with following minimum requirements: (Note: some of the requirements below only apply when a new structure is proposed.)
a. Drainage patterns and swales;
b. Flood zone designation;
c. Proposed or existing structures tied to lot lines to nearest tenth of a foot.
d. Bearings and distances of lots including: set-back lines, square footage, easements, streets, alleys, sidewalks, building set-back lines, width of lots at building set-back line and lot grades.
e. Proposed elevations required to nearest tenth [must be in accordance with approved subdivision plan (including Benchmark)] for the following:
i. Entry way;
ii. Main floor;
iii. Top of foundation;
iv. Ground grade at each corner of building;
v. Ground grade at lot corners;
vi. Grade at side yard;
vii. Slope of driveway expressed as a percentage; and
viii.Elevations of adjacent properties including top finished floor, lot and building corners.
2. Erosion and Sediment Control Plan . At a minimum, the plan must include the following measures:
a. Installation and maintenance of a stable construction site access.
b. Installation and maintenance of appropriate perimeter erosion and sediment control measures prior to land disturbance.
c. Minimization of sediment discharge and tracking from the lot.
d. Clean-up of sediment that is either tracked or washed onto roads. Bulk clearing of sediment shall not include flushing the area with water. Cleared sediment must be redistributed or disposed of in a manner that is in compliance with all applicable statutes and rules.
e. Adjacent lots disturbed by an individual lot operator must be repaired and stabilized with temporary or permanent surface stabilization.
f. Self-monitoring program including plan and procedures.
3. Responsibility of Lot Operator . The individual lot operator is responsible for installation and maintenance of all erosion and sediment control measures until the site is stabilized.
F. Changes to Plans . Any changes or deviations in the detailed plans and specifications after approval of the applicable site permit shall be filed with, and accepted by, the City Engineer prior to land development involving the change. Copies of the changes, if accepted, shall be attached to the original plans and specifications.
G. Certification of As-Built Plans . After completion of construction of the project, a professionally prepared and certified ‘as-built’ set of plans by a Professional Engineer or licensed Land Surveyor registered in the State of Indiana shall be submitted to the City Engineer for review. Additionally, a digital copy of the ‘as-built’ plans is required in a format accepted by the City Engineer.
1. As-Built Plans . These plans shall include all pertinent data relevant to the completed storm drainage system and stormwater management facilities, and shall include:
a. Pipe size and pipe material;
b. Invert elevations;
c. Top rim elevations;
d. Pipe structure lengths;
e. BMP types, dimensions, and boundaries/easements;
f. “As-planted” plans for BMPs, as applicable;
g. Data and calculations showing detention basin storage volume; and
h. Data and calculations showing BMP treatment capacity.
2. Visual Recordings . To verify that all enclosed drains are functioning properly, visual recordings (via closed circuit television) of such tile drains shall be required, once following the completion of installation (including the installation of all utility mains). These visual recordings will be scheduled by the City Engineer, and paid for by the developer. Notices shall be provided to the City Engineer within 72 hours following the completion of installation.
Sec. 15.306 Applications
A. Generally. Every application for development approval shall be submitted on a form approved by the Planning Director; or in the case of site permits, the City Engineer; or in the case of Building Permits, the Building Commissioner; along with the corresponding application fee.
B. Forms.
1. The responsible official shall promulgate and periodically revise forms for each type of application required by this UDO.
2. Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the responsible official, and have the purpose of facilitating:
a. The evaluation of applications for compliance with the standards of this UDO; and b. The administration of this UDO.
C. Schedule. The responsible official is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:
1. The schedule is posted at City Hall and on the City's worldwide web site; and 2. The schedule provides for applications to be submitted:
a. At least once per week for applications listed in Section 15.202 , Administrative Permits, except site permits and building permits, which shall not be limited to certain days.
b. At least twice per month for applications listed in Section 15.203 , Discretionary Approvals.
3. The schedule does not restrict the timing of notices of appeal.
Sec. 15.307 Application Completeness Review
A. General. Within five business days after an application is submitted, the responsible official shall review the application to verify that it is complete.
B. Incomplete Applications.
1. Incomplete applications shall be returned to the applicant with a written explanation that describes in general terms the materials that must be submitted to complete the application.
2. No application that does not include the applicable processing fee shall be considered complete.
C. Complete Applications. Complete applications shall be processed according to the applicable procedures of this Article.
Sec. 15.308 Administrative Review
A. Administrative Review. When the responsible official determines that an application is complete, then the responsible official shall cause the application to be reviewed for technical compliance with the requirements of this UDO; and
1. If the application is for an administrative permit, shall approve, approve with conditions, or deny the application.
2. If the application is for a discretionary approval, shall make a recommendation regarding the application and forward the recommendation to the next body that will consider it for further recommendation or approval.
B. Meeting Logistics.
1. If the application is for a discretionary approval, the responsible official shall set the application on the next available agenda of the next body that will consider the application, consistent with the legal requirements for public notice.
2. The responsible official shall coordinate with decision-making bodies to fix reasonable times for hearings.
Sec. 15.309 Notice
A. General.
1. The responsible official shall cause any required public hearings to be noticed according to the requirements of the Indiana Code.
2. In addition to the statutory requirements, some application types require mail notice to surrounding property owners.
3. Table 15.309, Public Notice, sets out the types of public notice that are required for each type of development approval.
Table 15.309:
Public Notice
Application Type Required Notice Timing of Required Notice
Any Discretionary Approval in the Eastgate Overlay District; Variance (all types); Special Use; Primary Subdivision Plat; Floodplain Deviation;
Modification of Written Commitments
Publication in a qualified newspaper; Certified Mail within a 300 foot radius
10 days before the date set for the hearing
Primary Approval of Minor Plat Publication in a qualified newspaper; Certified Mail within a 300 foot radius
Not more than 10 days after the date of the approval
Vacation of Right-of-Way
Publication in a qualified newspaper; Certified Mail to all property owners abutting the right-of-way
proposed to be vacated
10 days before the date set for the hearing
Rezoning; Planned Unit Development Ordinance; Publication in a qualified newspaper; Certified Mail within a 300 foot radius (except text amendments)
10 days before the date set for the Plan Commission public
hearing
B. Posting. All public meetings shall be posted pursuant to the requirements of IC 5-14-1.5-5, Public Notice of Meetings.
C. Publication. Notice by publication shall be in a newspaper of general circulation in the City of Valparaiso, pursuant to the requirements of IC 5-3, Publication of Notices.
D. Notice by Certified Mail. Notice by certified mail shall be delivered to all property owners listed on the most recent tax roll within the radius indicated in Table 15.309, Public Notice.
E. Costs of Notice. The cost of the notice shall be paid by the Applicant, or in the case of an appeal, the Appellant.
Sec. 15.310 Public Meetings and Public Hearings
A. Schedule.
1. The Plan Commission and City Common Council each require two meetings, as follows:
a. During the first meeting, an introduction and public hearing shall be held on the application;
