ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LONG BEACH, LAPORTE COUNTY, INDIANA ESTABLISHING REGULATION GOVERNING:

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1 ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LONG BEACH, LAPORTE COUNTY, INDIANA ESTABLISHING REGULATION GOVERNING: LAKE MICHIGAN SHORELINE PRESERVATION AND ENHANCEMENT OVERLAY ZONING DISTRICT WHEREAS, on June 10, 2002, the Town Council of the Town of Long Beach, LaPorte County, Indiana (the Town Council ), adopted a Zoning Code of the Town of Long Beach, LaPorte County, Indiana (the Town ), which is located at Chapter 154 of the Long Beach Town Code; and WHEREAS, Chapter 154 of the Long Beach Town Code remains in full force and effect; and WHEREAS, in accordance with Indiana Code , et. Seq., the Advisory Plan Commission of the Town has initiated an amendment to the Zoning Code to establish regulations concerning the installation of Shoreline Preservation and Enhancement Structures and removal of shoreline vegetation within the Town; and WHEREAS, in conjunction with the Town s 2016 Comprehensive Plan Update and in recognition that the economic and environmental well-being of the Town of Long Beach is directly related to the protection of its Lake Michigan shoreline and in recognition that the scenic views of Lake Michigan are one of our communities most valued assets; and WHEREAS, it is the intent of this Ordinance to allow property owners to protect their property while balancing the interests the public s interest in protecting the shoreline and related natural resources in order to minimize adverse impacts from Shoreline Preservation and Enhancement Structures; and WHEREAS, this Ordinance has been drafted to protect the public health safety and welfare, preserve the natural beauty and attractiveness of the Town and Lake Michigan shoreline; and

2 WHEREAS, a public hearing has been held before the Town of Long Beach Advisory Plan Commission, which has certified its proposal to amend the text of the Zoning Code to the Long Beach Town Council. A copy of Advisory Plan Commission s written certification is attached hereto, incorporated herein and marked as Exhibit A to this Ordinance; and WHEREAS, notice has been given in accordance with Indiana Code of all proceedings concerning this text amendment to the Zoning Code; and WHEREAS, the Long Beach Town Council concurs with its Advisory Plan Commission and has received its proposal regarding amending the text of the Zoning Code; and NOW THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Town Council of Long Beach, Indiana as follows: Chapter is hereby added to the Town of Long Beach s zoning code which chapter shall read as follows: LAKE MICHIGAN SHORELINE PRESERVATION AND ENHANCEMENT OVERLAY ZONING DISTRICT TITLES Purpose and intent of Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District Definitions Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District Boundaries Permissible Shoreline Preservation and Enhancement Structures and Specifications Site Plan Standards within the Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District Shoreline Preservation and Enhancement Structure Review Requirements and Procedures Miscellaneous Provisions Vegetative Buffer Strips within the Shoreline Preservation and Enhancement Zoning District Penalties for Non-Compliance Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District 2

3 Purpose and Intent of the Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District The Town of Long Beach is committed to protecting and preserving life and property as well as enhancing the natural resources of the coastal zone in order to minimize to the greatest extent possible damage that may result from inappropriate development of environmentally sensitive areas. The purpose of the Lake Michigan Property Shoreline Preservation and Enhancement Overlay Zoning District regulations is based on the Town s determination that: The economic and environmental well-being of the Town of Long Beach, Indiana is connected with the protection of its Lake Michigan shoreline areas. The Lake Michigan shoreline has unique physical, biological, economic, and cultural attributes. Future land development and redevelopment should not be conducted at the expense of these attributes. Pollution, impairment, and/or destruction of the shoreline areas must be minimized. The provisions of this Ordinance are established with the following intent to: Protect the integrity of the shoreline area that is a distinctive and valuable feature of the community. Recognize the potential for coastal hazards to adversely affect life and property. Protect coastal property values by maintaining the attractive natural character. Protect the stability of the Lake Michigan Shoreline in order to reduce coastal erosion. Prevent water pollution and damage to structures by controlling erosion. Maintain the high quality of life along the shoreline by maintaining native vegetation and wildlife habitat Definitions: In addition the definitions provided in Title XV, Chapter 154, , the following definitions apply to the interpretation and application of this Ordinance. In the event there are conflicts between this Ordinance and other definitions provided in the Code, the provisions of this Ordinance shall prevail. 3

4 Accessory Structure means a detached structure that that is clearly incidental to, and customarily found in connection with, the principal structure or use to which it is related and is located on the same zoning lot as the principal structure or use, including, but not limited to, patios, gazebos, garages, workshops, sheds, and carports. Coastal Slope refers to the first major slope or biggest drop north of Lake Shore Drive. Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures, or accessory structures; the construction of additions or substantial alterations of buildings, structures, or accessory structures; ditching, dredging, filling, grading, paving, excavation, or drilling operations; and the deposition or extraction of earthen material. Living Shoreline is a broad term that encompasses a range of shoreline stabilization techniques along coasts. It has a footprint that is made up of mostly native material. It incorporates vegetation or other living, natural soft elements alone or in combination with some type of harder shoreline structure such as rock sills for added stability. Living shorelines maintain continuity of the natural land-water interface and reduce erosion while providing habitual value and enhancing coastal resilience. LOMA Letter is a letter of map amendment obtained from FEMA verifying an amendment to FEMA s flood plain map. Principal Use or Structure means any primary living quarters, main commercial buildings, and any functional appurtenances to those structures such as septic systems and related infrastructure except roads, utilities, and accessory structures. Lake Shore Drive shall mean the dedicated public way that is the entire width between the dedicated street boundary of fifty (50) feet. Shoreline Preservation and Enhancement Structure includes any and all structures designed to preserve and enhance as well as protect properties adjacent to and the shoreline as identified and outlined in the publication Coastal Hazards Planning Guidance for Indiana Coastal Communities, Indiana Department of Natural Resources, July See, Shoreline Stabilization Techniques, page 21, figure 19. 4

5 Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District Boundary The Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District shall apply as a mapped overlay zone. The boundaries of the Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District shall be applicable to all land lying north of the northern boundary of the dedicated right-of-way known as Lake Shore Drive and extend across all underlying and existing zoning districts. All development of any kind or nature within this District shall be subject to the terms of this Ordinance as well the applicable provisions set forth in Title XV of the Long Beach Town Code. In the event there are conflicts between this Ordinance and other provisions of the Zoning Code, the provisions of this Ordinance shall prevail Permissible Shoreline Preservation and Enhancement Structures and Specifications The Town of Long Beach acknowledges that seawalls, revetments, retaining walls, groins, and other such structural methods designed with the intention of forestalling erosion also alter natural shoreline processes that result in a variety of negative effects on coastal resources, including but not limited to effects on sand supply, public access, coastal views, natural landforms, and overall beach dynamics. For authoritative reference purposes, see, Coastal Hazards Planning Guidance for Indiana Coastal Communities, Indiana Department of Natural Resources, July See also, Natural and Structural Measures for Shoreline Stabilization, developed with support and funding by NOAA and the US Army Corps of Engineers. Only after the property owner and coastal engineer establish that the proposed structure is the minimum necessary to reasonably preserve and enhance the owner s property and otherwise fully complies with the terms of this Ordinance and receipt of the applicable permit, the following Shoreline Preservation and Enhancement Structures may be constructed: (a) Property Protection. A quarry stone revetment may be installed on a private property for the purpose of protecting the property. Any such revetment shall be installed with the crest of the structure not to extend further than the lesser of lakeward from the northern lot line abutting Lake Shore Drive or the natural ordinary high water mark and shall also be built to an 5

6 elevation that is the lesser of 590 or the existing adjacent grade. The slope of the revetment shall be 1:1.5 or gentler and stone size shall be based on the determination and recommendation of a duly licensed Town approved coastal engineer. The northern edge of the revetment crest shall be located up to the lesser of lakeward of northern lot line abutting Lake Shore Drive or the ordinary high water mark, and the sloping portion of the revetment shall be allowed to extend beyond the lesser of or the ordinary high water mark. (b) Primary Use Building Protection. A seawall may be installed on private property for the purpose of protecting a Primary Use Building. No seawall shall be installed further than 5 lakeward from the foundation of the subject Primary Use Building. Notwithstanding the foregoing provision, in no case shall a seawall be installed beyond the lesser of lakeward from the northern lot line abutting Lake Shore Drive, the natural ordinary high water mark. The crest elevation of a newly installed seawall should not exceed the elevation of the existing grade with no fill. The height of a seawall shall not exceed the lesser of 590 or the current elevation. Additionally, all plans must include soil borings to be performed a geotech engineer and be approved and stamped by a structural engineer. If a proposed seawall is not intended to connect to an adjoining protection structure, it must have a straight tie back connected to a toe stone at the base of the Coastal Slope. This wall must abide by the required 6 setback on the lakeward corners but the seawall may extend by a straight line to the property line at the base of the coastal slope with the written permission of the owner of the adjoining property on that side. The neighboring owner s written permission shall be included as part of a property owner s application for a Shoreline Preservation and Enhancement Permit and shall be recorded upon approval of the application. However, if an owner s property adjoins town property, the Town Council must first grant its approval at an open meeting. (c) Other Levels and Methods of Protection. In the event a property needs to deviate from the types of Shoreline Preservation and Enhancement Structures and/or the related specifications outlined in this Section, the property owner will be required to submit the appropriate petition to the BZA in addition the requirements of this Ordinance Site Plan Standards within the Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District In addition to the usual site plan requirements set forth in the Town Code, the following standards will be required in the Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District: 6

7 The Town s Topographic Ordinance shall be followed and all required authorizations and permits for access for heavy equipment to properties within the Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District shall be obtained. Heavy Equipment access permits must be obtained regardless of the method of access to the Lake Michigan Coastal Overlay Zone. Sand shall not be moved to increase the view from any property, but the movement of sand shall be allowed with a permit from the DNR to facilitate drainage from weep holes in seawalls but the amount moved shall the minimum amount required to facilitate that process. Pre-construction grades are to be maintained. However, in the event a storm or other natural event causes damage to the existing topography that affects the elevation existing prior to the storm or event, a property owner shall only restore the damaged topography to the elevation existing prior to such storm or event. Pictures of the site need to be submitted to the Building Commissioner before the access permit is issued. Heavy equipment may remain within the Lake Michigan Shoreline Preservation and Enhancement Overlay Zoning District for no more than 30 days. Extensions may only be granted for periods of longer than 30 days between Labor Day and Memorial Day. However, under no circumstances is heavy equipment to be parked below the natural ordinary high water mark from Memorial Day to Labor Day. No work other than the work for which an access permit was obtained can be done by that equipment approved under the permit. Site plans shall include location and descriptions of all shoreline types and natural coastal resources, including but not limited to soil type, dune crests, natural ordinary high water mark, and tree line Shoreline Preservation and Enhancement Structure Review Requirements and Procedures (a) Shoreline Preservation and Enhancement Structure Permit. Any property owner desiring to construct a Shoreline Preservation and Enhancement Structure within the Town shall first apply for a Shoreline Preservation and Enhancement Structure Permit prior to the installation of such Shoreline Preservation and Enhancement Structure. Application shall be made to the Town Building Commission. A review fee of shall be due and payable at the time the application is submitted for review. The payment of the application fee shall in no way guarantee issuance of a Shoreline Protection and Preservation Structure Permit, and this fee is nonrefundable. 7

8 (b) Shoreline Preservation and Enhancement Structure Application Materials. Forms and related materials for the Shoreline Preservation and Enhancement Structure application shall be available from the Town s Building Commission. All applications must include an original and five (5) copies of scale drawing(s), including topography, signed and sealed by a certified and duly licensed coastal engineer with Great Lakes experience that provide accurate and complete information as to each of the following elements 1. A site plan of the zoning lot. At minimum, the site plan must show the dimensions of the property, the length and location of the proposed Shoreline Preservation and Enhancement Structure; the and identify the licensed contractor who will be installing or otherwise constructing such Shoreline Preservation and Enhancement Structure. All drawings must be drawn utilizing an industry standard engineering scale. 2. At minimum, the scaled drawing(s) must show the dimension of the property, the length and location of the proposed Shoreline Preservation and Structure, the line that is lakeward from the northern lot line abutting Lake Shore Drive, the natural ordinary high water mark, the topography of the entire lot, and identify the licensed contractor who will be installing or otherwise constructing such Shoreline Preservation and Enhancement Structure. 3. The exact distance of setbacks from adjacent property lines, the extension of those property lines into the water body, and an approximation of the distance of the proposed Shoreline Preservation and Enhancement Structure to any other existing Shoreline Preservation and Enhancement Structure located on either side of the zoning lot. 4. If vegetation is to be altered in any manner, a Shoreline Vegetation Survey for the areas to be cleared as part of the construction of the Shoreline Preservation and Enhancement Structure. The Survey shall be conducted by a certified horticulturist experienced with the vegetation indigenous to the southern Lake Michigan shoreline, and the horticulturist shall certify compliance with the requirements of this Ordinance where Shoreline Vegetation will be removed and replaced. (c) Shoreline Preservation and Enhancement Structure Application Review. Applications shall be reviewed and processed by the Building Commission in accordance with the provisions of this Ordinance. Upon compliance with the following procedures and approval of the Building 8

9 Commission, the Town may issue a Permit for the proposed Shoreline Preservation and Enhancement Structure subject to any conditions required under this Section. (d) Review Standards. Each application for the installation or construction of a Shoreline Preservation and Enhancement Structure shall conform with and the applicant shall have the burden of establishing the following: There is no feasible and prudent non-structural alternative to the construction of the proposed shoreline structure, including an inability to relocate any structure threatened because of coastal erosion on the applicant s property. The proposed structure is the minimum necessary to provide for the level of protection that is necessary to achieve the purpose and intent of this Ordinance. The proposed structure is placed as far landward as is practical. Access to the lakeshore at public beach stops is not adversely affected. The applicant s Shoreline Preservation and Enhancement Structure will not impermissibly encroach on any neighboring private or public property. The proposed structure: -Is not be likely to cause a measureable increase in erosion, including lakebed erosion at the development site or at other locations along the shoreline of the District; and -Minimizes and, if possible, prevents adverse effects upon natural protective features, existing erosion protection structures, and natural resources, such as significant wildlife habitats. This requirement includes the impact of the structure on the movement of sand along the shore also known as littoral flow. The Shoreline Preservation and Enhancement Structure will not illegally encroach upon neighboring properties or any conservation, drainage, or utility easement or any easement for ingress and/or egress. All submissions and related materials must be certified in writing by a duly licensed and Town approved coastal engineer, which shall include, but not be limited to, the engineer s 9

10 opinion and support regarding how the Applicant s plan fully complies with the requirements of this Ordinance. (e) Additional Requirements. The following documentation shall be submitted along with and shall become part of an application: (1) All project plans must be designed and constructed according to USACE Coastal Engineering Manual and signed by a duly licensed and Town approved coastal engineer with Great Lakes experience and must have a reasonable probability of controlling the erosion on the immediate site for a minimum of 30 years. (2) A long term maintenance plan developed a Town approved coastal engineer that includes at minimum specifications regarding how to maintain the integrity of the structure, shoreline, and neighboring property must be included with the permit application, which shall be recorded as a restriction and condition on the subject property to run with the land in perpetuity upon approval of the Application. (3) All necessary permits or other authorizations required by other local, state, and federal authorities, including, but not limited to, the Indiana Department of Natural Resources, U.S. Army Corps of Engineers, and FEMA have been secured. (4) Document(s), in recordable form, evidencing written permission granted by any neighboring land owner as required by this Ordinance Miscellaneous Provisions (a) All costs associated with the retention of and services to be provided by an applicant s engineer(s), including, but not limited to, coastal, geotech and structural engineers, shall be borne solely by the applicant. (b) The Town will maintain and provide a list of duly licensed coastal engineers, which shall be reviewed and updated from time to time and shall serve as the exclusive list of acceptable engineers to provide services under this Ordinance. 10

11 Vegetative Buffer Strips within the Shoreline Property Protection Zoning District (a) Findings, Purposes and Objectives. Shoreline vegetation is necessary for the health and viability of the shoreline of Lake Michigan. Additionally, shoreline vegetative buffers protect water quality and shoreline habitat, preserve scenic and aesthetic character, and control coastal erosion and flooding. In order to protect the public health, safety and welfare, preserve the natural beauty and attractiveness of the shoreline of Lake Michigan, this Section is intended to protect the legitimate public interest by regulating the clearing or removal of shoreline vegetation beyond the lesser of lakeward from the northerly edge of Lake Shore Drive or the natural ordinary high water mark. (b) Definitions. The following words, terms, and phrases when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Clearance means the alteration of or removal of shoreline vegetation by chemical treatment, mechanical or nonmechanical uprooting or by addition of soil above the shoreline so as to bury existing vegetation. Shoreline Vegetation means wetland or dune vegetation naturally occurring in the Lake Michigan shoreline environment of Indiana including but not limited to those plants indigenous to the habitat. Vegetative Buffer Zone means (c) Shoreline Vegetation Permit. All persons desiring to perform or cause to be performed any Clearance of Shoreline Vegetation shall be required to obtain a Shoreline Vegetation Clearance Permit conforming to the procedures and standards set forth in this Section. Each applicant must address the following information in the application to the Building Commission and abide by the following rules: (1) The applicant must state the percentage of existing Shoreline Vegetation proposed to be removed and how much soil is to be removed or added. These changes to the lot should be limited to the amount necessary for development of the site. 11

12 (2) The application must include a written Shoreline Vegetation Survey along with photographs of the area where Shoreline Vegetation is to be cleared or removed. The Shoreline Vegetation Survey shall be conducted and prepared by a certified and duly licensed horticulturist. The Shoreline Vegetation Survey shall to the maximum extent possible include an itemized list of all Shoreline Vegetation to be removed. The Shoreline Vegetation Survey and accompanying site plan shall also show both the location of all existing Shoreline Vegetation prior to the construction and all replacement Shoreline Vegetation proposed to be planted after construction is completed. Note that all tree crowns are to be preserved and that only fallen, dead or dangerous trees are to be removed with the stumps left in place. (3) The application must state the name of the licensed contractor that will be responsible for the removal and replacement of the Shoreline Vegetation. (4) Required Replacement of Shoreline Vegetation. All Shoreline Vegetation approved to be cleared or removed shall be replaced with Shoreline Vegetation that is substantially similar in terms of the location, amount, and species after construction is completed. In the case where there is no previously existing Vegetative Buffer Zone, the landowner is encouraged to plant a buffer zone with native vegetation. (5) Exemptions. This Section and the requirement to obtain a Shoreline Vegetation Permit shall not apply to emergency repairs on public or private projects necessary for the preservation of life, health or property but must be approved by the Building Commissioner Penalties for Non-Compliance Any person violating any of the provisions of this Ordinance, including impermissible alternation of the topography, shall be subject to the following penalties: (a) Fines. (1) One Thousand Dollars ($1,000.00) for the first violation; (2) Two Thouasand Five Hundred Dollars ($2,500.00) for the second violation; (3) Seven Thousand Five Hundred Dollars ($7,500.00) for the third and each subsequent violation. 12

13 (b) Revocation of Registration. If a contractor is found to be in violation of this Section, the contractor s registration may be revoked. (c) Each day that any violation continues shall be considered a separate violation punishable as provided in this Section. The Sections of this Ordinance shall be codified and made part of the Town of Long Beach Code of Ordinances and all sections and subsections may be renumbered or re-lettered as necessary to achieve such purpose. It is the intent of the Town Council of the Town of Long Beach, LaPorte County, Indiana, and is hereby provided, that if any section, subsection, sentence, clause or phrase or provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed to render invalid or unconstitutional the remaining provisions of this Ordinance. This Ordinance shall become effective upon adoption by the Town Council. ALL OF WHICH IS PASSED AND ADOPTED by the Town Council of the Town of Long Beach, LaPorte County, Indiana, this day of, 201_. LONG BEACH TOWN COUNCIL By: Robert LeMay, President Peter Byvoets Joy Schmitt 13

14 Jane Neulieb Nicholas Meyer ATTEST: William DeFuniak, Clerk-Treasurer 14