Albany City Zoning Code
CHAPTER 153
SUBDIVISIONS
§ 153.001 TITLE.
These regulations shall be known and cited as the Subdivision Regulations of the town.
(Ord. - -, passed - -80)
§ 153.002 AUTHORITY.
These regulations are authorized by I.C. 18-7-4-101 to 1213.
(Ord. - -, passed - -80)
§ 153.003 POLICY.
(A) It is hereby declared to be the policy of the town to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the town pursuant to the official Comprehensive Plan of the town for the orderly, planned, efficient, and economical development of the town.
(B) Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until proper provision has been made for drainage, water, sewerage, schools, recreation facilities, transportation facilities, and other elements of a viable community infrastructure.
(C) The existing and proposed public improvements shall conform to and be properly related to the proposals of the Comprehensive Plan, and the capital budget and program of the town.
(D) It shall be the policy to guide major development of land and construction by encouraging planned unit developments (PUD) to achieve the following:
(1) A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and reduction in lot dimensions, yards, building setbacks, and area requirements;
(2) A more useful pattern of open space and recreation areas and, if permitted as part of the subdivision, more convenience in the location of accessory commercial uses, industrial uses, and services;
(3) A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns;
(4) A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets;
(5) A development pattern in harmony with land use density, transportation facilities, and community facilities’ objectives of the Comprehensive Plan.
(Ord. - -, passed - -80)
§ 153.004 PURPOSES.
The purposes of these regulations are to protect and promote the public health, safety, and general welfare, and to provide for:
(A) Guidance of future growth and development in accordance with the comprehensive planning process;
(B) Adequate air, light, and privacy, and to prevent overcrowding of the land and undue congestion;
(C) Protection of the character and the social and economic stability of all parts of the area, and to encourage the orderly and beneficial development of all parts;
(D) Protection and conservation of the value of land, buildings, and other improvements upon the land, and to minimize the conflicts among the uses of land and buildings;
(E) Guidance of public and private policy and action in order to assure adequate and efficient transportation, water, sewerage, schools, parks, drainage, and other public requirements and facilities;
(F) Avoidance of scattered and uncontrolled subdivision of land that would result in the unnecessary imposition of an excessive expenditure of public funds for the supply of services that are a part of community infrastructure;
(G) Establishment of reasonable standards of design and minimum requirements for the creation, installation, and improvement of physical facilities which are, or will be, maintained for the benefit of general public;
(H) Establishment of reasonable standards and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land;
(I) Prevention of the pollution of air and water; provision of drainage facilities and the safeguarding of the water table; and the encouragement of wise use and management of natural resources in order to preserve the integrity, stability, natural beauty and topography, and the value of land;
(J) Administration of these regulations by defining the powers and duties of approval authorities; and the manner and form of making, filing and processing of any plat.
(Ord. - -, passed - -80)
§ 153.005 JURISDICTION.
(A) These subdivision regulations shall apply to all subdivisions of land, as defined herein, located within the boundaries of the town.
(B) No land shall be subdivided within these boundaries until:
(1) The subdivider or his agent shall submit a sketch plat of the parcel to the Plan Commission, through its Administrator;
(2) Obtain approval of the sketch plat and final plats from the Commission;
(3) The approved plat is filed with the County Recorder.
(Ord. - -, passed - -80)
§ 153.006 INTERPRETATION.
(A) All subdivisions as defined herein shall comply with the provisions of these regulations.
(B) In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements.
(C) These regulations shall supplement all other regulations, and where at variance with other laws, regulations, ordinances, or resolutions, the more restrictive requirements shall apply.
(Ord. - -, passed - -80)
§ 153.007 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The person designated by the Planning Commission to enforce the zoning regulations. If no person is appointed to administer these subdivision regulations, the Administrator shall administer these regulations.
APPLICANT. The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
AREA OF CRITICAL CONCERN. A geographic area or site, regardless of its size, that is significantly affected by, or has a significant effect upon natural, man-made, historic or environmental resources, or is in limited supply and is of local, regional, statewide or national importance.
BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the town. All bonds shall be approved by the Town Board whenever a bond is required by these regulations.
BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BUILDING SITE. An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads or foundations for buildings.
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual Town Board’s operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying or generally rural area.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve a new community development in an outlying or generally rural area. It includes water treatment and distribution facilities.
CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CLASSIFICATION OF STREETS.
(1) For the purpose of providing for the development of the streets, highways, roads, and rights-of-way in the town, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road, and right-of-way, and those located on approved and filed plats, have been designated on the Thoroughfare Plan (Map) of the Town Board and classified therein. The classification of each street, highway, road, and right- of-way is based upon its location in the respective zoning districts of the town and its present and estimated future traffic volume and its relative importance and function as specified in the Comprehensive Plan (Master Plan) of the Town Board. The required improvements shall be measured as set forth for each street classification on the Thoroughfare Plan (Map).
(2) FUNCTIONAL CLASSIFICATION is defined as the process by which streets and roads are grouped into classes, or systems, according to the character of service they are intended to provide. FUNCTIONAL CLASSIFICATION can be applied in planning street and road system development, determining the jurisdictional responsibility for particular systems, and in fiscal planning. Three main classes are generally accepted under the functional classification scheme: arterials, collectors, and locals.
COMMISSION. The Albany Plan Commission, appointed by the Town Board, in accordance with the appropriate planning enabling act.
COMPREHENSIVE PLAN or MASTER PLAN. A document that herein may be referred to as a Comprehensive Plan, Comprehensive Development Plan, or Master Plan. It is a plan for development of the town, prepared and adopted by the Commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof. The document shall show the general location and extent of present and proposed development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools and other community facilities.
CONDOMINIUM. An estate consisting of an undivided interest in common and real property, in an interest or interests in real property, or in any combination thereof; together with a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
CONSTRUCTION PLAN. The maps, drawings and textual descriptions accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Commission as a condition of the approval of the plat.
COUNTY RECORDER. The office of the County Recorder.
COVENANT. A written promise or pledge.
CULVERT. A drain that channels water under a bridge, street, or driveway.
DEDICATION. The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) CROSS DENSITY. The number of dwelling units per acre of the total land to be developed, including public right-of-way.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way.
DENSITY, HIGH. Any subdivision with a density greater than six dwelling units per acre of gross land.
DENSITY, MEDIUM. Any subdivision with a density of two to six dwelling units per acre of gross land area.
DENSITY, LOW. Any subdivision with a density less than two dwelling units per acre of gross land area.
DEVELOPER. Authorized agent(s) of a subdivider or the subdivider himself. The developer may be the owner of land proposed to be subdivided or his representative, the subdivider.
DWELLING. A building or portion thereof designed or used exclusively for residential occupancy, including one-, two-, and multiple- dwelling units, home trailers, mobile homes, portable homes, hotels, motels, boarding and lodging houses, tourist courts or tourist homes.
DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including provisions for living, sleeping, cooking, and eating. The term shall include mobile homes but shall not include house trailers or recreational vehicles.
EASEMENT. An authorization or grant by a property owner to specific person(s) or to the public to use land for specific purposes.
ENGINEER. Any person who is licensed in the State of Indiana to practice professional engineering.
ESCROW. A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond.
FLEXIBLE ZONING. Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include, but not be limited to, all special permits and special uses, group housing projects and planned unit development.
FLOOD or FLOODWATER. The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water. I.C. 13-2-22 as amended by Public Law 123, Acts of 1973, defines flood as “the water of any river or stream in the State of Indiana or upon or adjoining any boundary line of the State of Indiana, which is above the bank and/or outside the channel and banks of such river or stream; and also means the water of any lake which is above and outside the banks thereof”; see Indiana Code for additional definitions.
Editor’s Note:
The statute cited in this definition has been repealed. For purposes of flood control, “flood” is defined by I.C. 14-8-2-93. Additional definitions are contained in I.C. 14-8-2.
FLOOD CONTROL. The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage and destruction caused thereby, and, all things incidental thereto or connected therewith.
FLOOD HAZARD AREA. A flood plain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Department of Natural Resources Commission.
FLOOD PLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The flood plain includes the channel, floodway and floodway fringe.
FLOOD, REGULATORY or REGIONAL. A flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a hundred-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. The 100-year frequency flood is equivalent to a flood having a probability of occurrence of 1% in any given year (a flood magnitude which has a 1% chance of being equaled or exceeded in any given year).
FLOODWAY. The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream. (See Appendix B, § 17 for FLOODWAY illustration.)
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway. See the State of Indiana Model Zoning Ordinance for Flood Hazard Areas for guidelines concerning zoning and management of these lands.
FRONTAGE. All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GRADE. The average level of the finished surface of the ground for buildings more than five feet from a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one street, the average sidewalk elevation shall be used. If there is no sidewalk, the Administrative Officer shall establish the sidewalk grade.
HIGHWAY. See STREET.
IMPROVEMENT. Any alteration to the land or other physical constructions associated with subdivision and building site development.
IMPROVEMENT, LOT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
IMPROVEMENT, PUBLIC. Any drainage ditch, roadway, sidewalk, tree, lawn, off-street parking area, lot improvement, or other facility for which the Town Board or state government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Town Board or state government responsibility is established. All such improvements shall be properly bonded.
IMPROVEMENT, TEMPORARY. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
INFRASTRUCTURE. The fixed public works and facilities necessary in a community, such as sewers, water systems and streets.
JURISDICTION. Jurisdiction of the town means all land within its boundaries and any land outside its boundaries over which it is authorized to exercise powers under these regulations.
LAND. The earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land.
LAND USE. The development existing on land.
LAND SURVEYOR. Any person who is licensed in the State of Indiana to practice professional land surveying.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a public street or upon an officially approved private street. LOT includes the words “plot,” “parcel,” and “tract.”
LOT AREA. The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights-of-way.
LOT TYPES. Terminology used in this chapter with reference to different types of lots is as follows:
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if tangent projections of the front lines drawn perpendicular at the side lot lines meet at an interior angle of less than 135 in front of the lot.
(2) INTERIOR LOT. A lot with only one frontage on a street.
(3) RESERVED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(4) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
MASTER PLAN. See COMPREHENSIVE PLAN.
MAY. Is a permissive requirement.
MOBILE HOME. A factory-fabricated dwelling unit built on a chassis and designed for transportation on public thoroughfares and also designed to be used for year-round living when connected to the required utilities. It shall exceed the dimensions of 8 feet or more wide and 30 feet or more long. A recreational vehicle is not to be considered a mobile home.
MOBILE HOME PARK. Any lot, parcel or tract of land used for the parking of two or more mobile homes.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Planning Commission, by permitting a portion of a major subdivision involving no more than three lots to be created according to the procedures for minor subdivisions, as set in these regulations.
MONUMENT. Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to identify any tract, parcel, lot or street lines.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
OCCUPIED. Includes the words “intended, arranged, or designed to be used or occupied.”
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OPEN SPACE. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people.
ORDINANCE. Any legislative action, however denominated, of the town which has the force of law, including any amendment or repeal of any ordinance.
OWNER. Any person, firm, association, syndicate, partnership, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider or his surety to the Clerk and Recorder which guarantees that the subdivider will perform all actions required by the Town Board regarding an approved plat, and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
PERSON. Includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
PLANNED UNIT DEVELOPMENT. A subdivision designed as a combination of residential, commercial and industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, whether fronting on private or dedicated streets, which may include two or more principal buildings.
PLAT. The drawing, map, or plan of a subdivision or other tract of land or a replat of such including certifications, descriptions and approvals.
PLAT, FINAL. The final and formal presentation of the map, plan or record of a subdivision and any accompanying material, as described in these regulations.
PLAT, SKETCH. A sketch preparatory to the preparation of the final plat to enable the subdivider to save time and expense in reaching general agreement with the Commission as to the form of the plat and the objectives of these regulations.
RESERVE STRIP. A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
RESUBDIVISION (REPLAT). A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses. Rights-of- way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the marker of the plat on which such right-of-way is established.
RIGHT-OF-WAY WIDTH, STREET. The distance between property lines measured at right angles to the center line of the street.
ROAD. See STREET.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, interstate succession, or transfer, of an interest in a subdivision or part thereof, whether by deed, metes and bounds, contract, or other written instrument.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
SCREENING. Any means of protecting an area of land from the adverse visual and audible effects of another area. The specific requirements for screening are set forth in Chapter 154.
SETBACK. The distance between a building and the nearest street right-of-way line or property line regardless of whether it is the front, side or rear of the building. It is an imaginary line established by the zoning regulations that requires all buildings to be set back a certain distance from property lines.
SETBACK, FRONT. The distance between a building and the street right-of-way line nearest thereto.
SHALL. Is a mandatory requirement.
SHOULD. Is a preferred requirement.
STANDARD SPECIFICATIONS. The specifications as specified in this chapter or as officially adopted by the town.
STATE. The State of Indiana.
STREET. A public right-of-way or a private street which affords the principal means of access to abutting property.
SUBDIVIDER. A subdivider shall be deemed to be the individual, firm, corporation, partnership, association, syndicate, trust or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter. The subdivider need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION. Any land, vacant, or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, or other recorded instrument. However, this chapter shall not apply to any of the following:
(1) An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.
(2) An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.
(3) The unwilling sale of land as a result of legal condemnation as defined and allowed in the Indiana State Law.
(4) Widening of existing streets to conform to the Comprehensive Plan.
(5) The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan.
(6) The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage.
SUBDIVISION. Any subdivision containing lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Thoroughfare Plan, zoning regulations, or these regulations.
SUBDIVISION PLAT. The final map or drawing, described in these regulations, of which the subdivider’s plan of subdivision is presented to the Commission for approval and which, if approved, may be submitted to the County Clerk or Recorder for filing.
SUBDIVISION REGULATIONS or SUBDIVISION CONTROL ORDINANCE. An ordinance for ensuring the orderly development of land by requiring coordination of new public facilities with existing facilities; and providing standards for lot layout, street design, utilities and easements to assure compatibility with long-range Comprehensive Plan.
TERRAIN CLASSIFICATION. For purposes of these regulations and to guide the application of geometric design criteria, terrain has been classified as follows:
(1) LEVEL. That condition where street sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made to be so without construction difficulty or major expense.
(2) ROLLING. That condition where the natural slopes consistently rise above and fall below
the street grade line and where occasional steep slopes offer some restriction to normal street horizontal and vertical alinement.
THOROUGHFARE PLAN. A plan and maps established by the town, pursuant to law as a portion of the Comprehensive Plan, showing the location of streets and roads functionally classified into systems. Such a plan generally includes the location of public facilities, utilities and the desirable future infrastructure. The plan is approved, adopted and established by law and any amendments or additions, including those resulting from the approval and filing of subdivision plats, are adopted by the Town Board as a continuous updating of the plan.
TOWN ATTORNEY. An attorney licensed in the State of Indiana and designated by the governing body to furnish legal assistance for the administration of these regulations.
TRAFFIC CONTROL DEVICES. All signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
USED. Includes the words “intended, arranged, or designed to be used or occupied.”
UTILITIES. Installations for transmission of water, sewage, gas, electricity, telecommunications and storm water; and similar facilities providing service to and used by the public.
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
VICINITY MAP. A small scale map showing the location of a tract of land in relation to a larger area.
ZONING ORDINANCE or ZONING REGULATIONS. A legal tool for accomplishing the objectives of a land use plan. It is an effective regulatory measure designed to encourage high standards of development and to foster the most efficient use of land.
(Ord. - -, passed - -80)
§ 153.008 COMBINING OF PERMITS.
The Commission is hereby required to coordinate with other town departments and agencies concerning all permits which may be required in this subdivision regulations chapter and previously or subsequently adopted ordinances.
(Ord. - -, passed - -80)
§ 153.009 AMENDMENTS.
(A) For the purpose of protecting and promoting public health, safety, and general welfare, the Plan Commission may from time to time amend the provisions imposed by these regulations.
(B) Public hearings on all proposed amendments shall be held by the Plan Commission, except for minor changes of §§ 153.090 to 153.096, in which case the Commission shall act upon a recommendation from the Administrator.
(Ord. - -, passed - -80)
§ 153.010 RESUBDIVISION (REPLAT).
(A) For any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, or area reserved thereon for public use, or any lot line, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivisions, such parcel shall be approved by the Plan Commission by the same procedure, rules, and regulations as for a subdivision.
(B) Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that such lots will eventually be resubdivided, the Plan Commission may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
(Ord. - -, passed - -80)
§ 153.011 VACATION.
(A) Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated.
(B) Such an instrument shall be approved by the Plan Commission in like manner as plats of subdivisions. The Town Board may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys.
(C) Such an instrument shall be executed, acknowledged or approved, and recorded or filed, in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys, and public grounds, and all dedications laid out or described in such plat.
(D) When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing.
(Ord. - -, passed - -80)
§ 153.012 VARIANCES.
(A) Where the Plan Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations and further provided the Plan Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare, or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
(4) The variance will not in any manner vary the provisions of the zoning regulations, Comprehensive or Master Plan, or Thoroughfare or Major Street Plan;
(5) Where the variance impacts on design and construction of public facilities, all appropriate public agencies have been given ample time to comment in writing to the Commission.
(B) In approving variances, the Plan Commission may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements of these regulations.
(C) A petition for any such variance shall be submitted in writing by the subdivider at the time when the sketch plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. - -, passed - -80)
§ 153.013 APPEALS.
Any person or aggrieved party who appeared in person or writing before the Commission or the subdivider may appeal in writing the decision of the Commission relative to the final action taken by the Commission. Such appeal shall be filed by a petition for certiorari in the circuit court of the county in which the land is located and within 30 days after the date of that decision.
(Ord. - -, passed - -80)
§ 153.014 APPLICATION AND INTERPRETATION.
(A) For the purpose of these regulations, certain numbers, abbreviations, terms, words, and phrases used herein shall be used, interpreted, and defined as set forth in this chapter.
(B) Whenever any words and phrases used herein are not defined herein but are defined in the state laws regulating the creation and function of various planning agencies, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires.
(C) For the purpose of these regulations, certain words and phrases used herein shall be interpreted as follows:
(1) The masculine includes the feminine; and
(2) The present tense includes the past and future tense, the singular number includes the plural.
(Ord. - -, passed - -80)
§ 153.015 CONSUMER PROTECTION.
(A) No building permit shall be granted or issued if a developer or his authorized agent shall have violated any federal, state or local law pertaining to consumer protection of real estate land sales, promotion, or practices, or any applicable conflict of interest legislation with respect to the lot or parcel of land which is the subject of the permit, until so ordered by a court of competent jurisdiction.
(B) Any violation of a federal, state, or local consumer protection law (including but not limited to: Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; the Interstate Land Sales Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; and the like) or conflicts of interest statute, law, or ordinance shall be deemed a violation of these regulations and subject to all of the penalties and proceedings as set forth in this chapter.
(Ord. - -, passed - -80)
§ 153.030 GENERAL PROCEDURE.
(A) Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the Administrator.
(B) No contract shall be made for the sale of any part of the subdivision and no improvement or building shall be made on the property, until the subdivider applies for and secures approval of such proposed subdivision in accordance with the procedures set forth in this subchapter. No final plat shall be filed with the County Recorder until the plat has been acted upon by the Plan Commission.
(C) No improvement, or building permits shall be issued until the approved plat is filed with the County Recorder.
(D) The applicant is required to follow a basic two-step procedure: sketch plat and final plat.
(E) For the purpose of these regulations, the date of the regular monthly meeting of the Commission at which the public hearing on final approval of the subdivision plat is closed shall constitute the official submittal date of the plat at which the statutory period required for formal approval or disapproval of the plat shall commence to run.
(Ord. - -, passed - -80)
§ 153.031 SKETCH PLAT.
(A) Discussion of requirements. Before preparing the sketch plat for a subdivision, the applicant should discuss with the Administrator the procedure for adoption of a subdivision plat and the requirements as to general layout of streets and for reservations of land, street improvements, drainage, sewerage, fire protection, and similar matters, as well as the availability of existing services. The Administrator shall also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve these aspects of the subdivision plat coming within their jurisdiction.
(B) Application. The subdivider shall file an application with the Administrator for approval of a sketch plat. The application shall:
(1) Be made on forms available at the office of the Administrator;
(2) Include all contiguous holdings of the owner including land in the “same ownership” as defined herein, with an indication of the portion which is proposed to be subdivided, accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present owner as recorded in the County Recorder’s office. The affidavit shall advise as to the legal owner of the property, the contract owner of the property, the date contract of sale was executed, and, if any corporations are involved, a complete list of all directors, officers, and stockholders of each corporation owning more than 5% of any class of stock;
(3) Be accompanied by a minimum of four copies of the sketch plat which shows the entire developmental scheme of the proposed subdivision, including the general layout and approximate dimensions of streets, rights-of-way, blocks, and lots in sketch form; the existing conditions and characteristics of the land on and adjacent to the proposed subdivision site; and the areas set aside for schools, parks and other public facilities, and for commercial and other non-residential uses;
(4) Be presented to the Administrator in duplicate;
(5) Be accompanied by a fee of $2 per lot;
(6) Include an address and telephone number of an agent located within the territory of the local government who shall be authorized to receive all notices required by these regulations.
(C) Planning Commission Administrator’s action. The Administrator may transmit the sketch plat for review to appropriate officials or agencies of the Town Board adjoining counties or municipalities, school and special districts, and other official bodies as it deems necessary or as mandated by law, including any review required by town, regional, or state bodies. The Administrator may request that all officials and agencies, to whom a request for review has been made, submit their report to the Administrator within 15 days after receipt of the request. The Administrator will consider all reports submitted by the officials and agencies concerning the sketch plat and shall submit a report for proposed action to the Plan Commission. The Administrator shall place the matter on the next available regular meeting agenda of the Plan Commission for formal approval of the sketch plat. After such approval by the Commission, the Administrator shall notify the applicant that:
(1) If no further changes are required, the applicant may proceed directly to the filing of an application for approval of a final subdivision plat as provided in these regulations.
(2) Based on reviews completed of the sketch plat, the applicant is required to comply with additional requirements when he submits the final plat, as provided in these regulations. Such requirement may include compliance of the proposed development with local or state policies, goals and objectives or comprehensive plans; need for special permits or variance; consideration of any unique environmental features or hazardous concerns that may be directly or indirectly associated with the subject property, such as designated areas of critical concern, unique plant or animal life, flood plain, aviation sensitive areas and the like.
(D) Plan Commission action.
(1) The Commission shall study the sketch plat and the report, taking into consideration the requirements of these regulations and the best use of the land being subdivided. Particular attention will be given to the arrangement, location, width of streets, and their relation to the topography of the land, sewage disposal, drainage, lot sizes and arrangement, the further development of adjoining lands as yet unsubdivided, and the requirements of any official maps and plans as adopted by the Commission.
(2) After reviewing the sketch plat, the Administrator’s report and other reports, the Commission will advise the applicant, through the Administrator, of the specific changes or additions, if any, it will require in the layout. The character and extent of any such changes, additions, improvements and reservations shall be noted as a prerequisite to the approval of the subdivision sketch plat. The Commission may require additional changes as a result of further study of the proposed subdivision in revised form.
(3) An approval shall constitute authorization to prepare and submit a final plat.
(4) Such approval or disapproval shall be made by the Commission within 30 days after receiving the report from the Administrator.
(Ord. - -, passed - -80)
§ 153.032 FINAL PLAT.
(A) Discussion of requirements. Following the approval of the sketch plat, the applicant, if he wishes to proceed with the subdivision, shall file with the Plan Commission an application for final approval of a subdivision plat.
(B) Application. The application shall:
(1) Be presented to the Administrator at least four weeks prior to a regular meeting of the Commission in order that a public hearing may be scheduled and the required 15-day notice given. The date of the regular meeting of the Commission at which the public hearing is held for final approval, including any adjourned date thereof, shall constitute the official submittal date of the plat for the purposes of these regulations;
(2) Be made in duplicate on forms available at the office of the Administrator;
(3) Be accompanied by a fee of $100;
(4) Be accompanied by a minimum of four copies of the final plat which shall comply in all respects with the sketch plat, as approved;
(5) Be accompanied by a minimum of three copies of complete final construction plans, as described in these regulations;
(6) Be accompanied by all formal irrevocable offers of dedication to the public of all streets, utilities, parks, easements, and other town government uses, in a form approved by the Town Attorney. In addition, the subdivision plat shall be marked with a notation indicating the formal offers of dedication as follows:
The owner, or his representative, hereby irrevocably offers for dedication to the Town of Albany all the streets, local government uses, easements, parks and required utilities shown on the subdivision plat and construction plans.
Signature______________________
Date____________
(7) Be accompanied by a full covenant and warranty deed to all lands offered for dedication in proper form for recording, together with a title policy for the Town Board in the sum to be determined by the Town Attorney before signing of the final subdivision plat;
(8) Be accompanied by a performance bond in a form satisfactory to the Town Attorney and in an amount established by the Plan Commission upon recommendation of the Town Board. It shall include a provision that the principal of the bond shall comply with all the terms of the resolution of final subdivision plat approval as determined by the Commission and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the town free and clear of all liens and encumbrances on the premises;
(9) Be accompanied by stamped No. 10 envelopes addressed to each owner of property immediately adjacent extending 100 feet therefrom, or of that directly opposite thereto extending 100 feet from the street frontage of such opposite property owners as are correct within the knowledge of the applicant as shown on the latest tax assessment roll;
(10) Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations;
(11) Be accompanied by a written assurance that street name signs shall be installed by the applicant according to the approved standards set forth in these regulations, or accompanied by a fee of $40 for each street sign shown in the construction plans, in which case the street signs shall be installed by the town.
(C) Endorsements by other public authorities. The final subdivision plat shall be properly endorsed by appropriate health and housing authorities to assure the Commission that the plan is in compliance with all rules, regulations, and requirements of local, state and federal authorities.
(D) Notice of public hearing. Upon receipt of formal application and all accompanying material, the Administrator shall:
(1) Call a public hearing for the next scheduled meeting of the Plan Commission to be held at least two weeks after the date of the application;
(2) Submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the public hearing and mail notice to all property owners; and
(3) Maintain file copies of the plat and construction plans for public review prior to the hearing.
(E) Public hearing and determination.
(1) At the public hearing, the Commission will give an opportunity to any interested persons to examine or comment upon the plat and construction plans.
(2) After the public hearing, the Commission shall, within 30 days after closing of the public hearing, approve, modify and approve, or disapprove the subdivision application by resolution which shall set forth in detail any conditions to which the approval is subject, or reasons for disapproval. In the final resolution the Commission shall stipulate the period of time when the performance bond shall be filed or the required improvements installed, whichever is applicable. In no event shall a performance bond be submitted later than 30 days from the date of final resolution, together with all required documents. In no event shall the period of time stipulated by the Commission for completion of required improvements exceed two years from the date of the final resolution.
(3) One copy of the final subdivision plat shall be returned to the subdivider with the date of approval, conditional approval, or disapproval, noted thereon, and the reasons therefore, in writing, accompanying the plat.
(F) Submission for final review.
(1) Subsequent to the resolution of the Plan Commission, three paper copies of the construction plans, three copies of the subdivision plat on tracing cloth, reproduction mylar, or sepia paper, and two copies of the subdivision plat on paper shall be submitted to the Administrator for final review.
(2) A check payable to the County Recorder in the amount of the current filing fee shall be provided.
(3) No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.
(G) Vested rights.
(1) No vested rights shall accrue to any plat by reason of final approval until the actual signing of the plat by the Chairman of the Plan Commission.
(2) All requirements, conditions, or regulations adopted by the Commission applicable to the subdivision, or on all subdivisions generally, shall be deemed a condition for any subdivision prior to the time of signing of the final plat by the Chairman and Administrator.
(3) Where the Commission has required the installation of improvements prior to signing of the final plat, the Commission shall not unreasonably modify the conditions set forth in the final approval.
(H) Signing of plat.
(1) When a bond is required, after the inspection fee has been paid, the Plan Commission shall endorse approval on the plat upon approval of the bond by the Town Board, provided all the conditions of the resolution pertaining to the plat have been satisfied.
(2) When installation of improvements is required, the Plan Commission shall endorse approval on the plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the Town Board as shown by a certificate signed by the Town Engineer and Town Attorney that the necessary dedication of public lands and improvements has been accomplished.
(I) Recording of plat.
(1) The Administrator will sign the reproducible mylar, tracing cloth or sepia prints of the subdivision plat and return two copies to the applicant. A signed copy of the construction plans shall also be returned.
(2) It shall be the responsibility of the Administrator to file the plat with the County Recorder within 30 days of the date of signature. Simultaneously with the filing of the plat, the Administrator shall record the agreement of dedication together with such legal documents as shall be required to be recorded by the Town Attorney.
(J) Sectionalizing of plats.
(1) Prior to granting final approval of a plat, the Commission may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The Commission may require that the performance bond be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing.
(2) The developer may also file in irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until such sections, subject to any conditions imposed by the Commission, shall be granted concurrently with final approval of the plat.
(3) In the event of approval of sectionalizing, the entire approved subdivision plat including all sections shall be filed within 90 days after date of final approval with the Administrator and such sections as have been authorized by the Commission shall be filed with the County Recorder. Such sections must contain at least 10% of the total number of lots contained in the approved plat.
(4) The approval of all remaining sections not filed with the County Recorder shall automatically expire unless such sections have been approved for filing by the Commission, all fees paid, all instruments and offers of dedication submitted, and performance bonds approved and actually filed with the County Recorder within three years of the date of final approval of the subdivision plat.
(Ord. - -, passed - -80)
§ 153.050 ASSURANCE FOR COMPLETION.
(A) General requirement. Before the final plat is signed by the Chairman the Plan Commission, all applicants shall be required to complete, in accordance with the Administrator’s decision and to the satisfaction of the Town Engineer, all the street, sanitary and other improvements including lot improvements on the individual lots of the subdivision as required in these regulations, specified in the final subdivision plat, and as approved by the Commission, and to dedicate same to the local government, free and clear of all liens and encumbrances on the property and public improvements thus dedicated. Written notice shall be given to the Town Engineer within a minimum of three days in advance of start of construction. Where construction has ceased for 90 days, renotification is required.
(B) Posting of performance bond.
(1) The Plan Commission, at its discretion, may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat, and that, as an alternative, the applicant post a bond at the time of application for final subdivision approval in an amount estimated by the Commission as sufficient to secure to the town the satisfactory construction, installation, and dedication of the incompleted portion of required improvements. The performance bond shall also secure all lot improvements on the individual lots of the subdivision as required in these regulations.
(2) Such performance bond shall comply with all statutory requirements and shall be satisfactory to the local Town Attorney as to form, sufficiency, and manner of execution as set forth in these regulations.
(3) The period within which required improvements must be completed shall be specified by the Commission in the resolution approving the final subdivision plat and shall be incorporated in the bond and shall not in any event exceed two years from the date of final approval.
(4) The Plan Commission may, upon proof of difficulty, recommend to the Town Board extension of the completion date set forth in such bond for a maximum period of one additional year. The Town Board may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the Plan Commission.
(C) Completion of improvements.
(1) The applicant shall build and pay for all costs of temporary improvements required by the Plan Commission and shall maintain same for the period specified by the Commission. Prior to construction of any temporary facility or improvement, the developer shall file with the local government a separate suitable bond for temporary facilities, which bond shall insure that the temporary facilities will be properly constructed, maintained, and removed.
(2) All required improvements shall be made by the applicant, at his expense, without reimbursement by the local government or any improvement district therein.
(3) The Town Board may file in lieu of the bond or contract a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this subchapter.
(4) For subdivisions for which no performance bond has been posted, if the improvements are not completed within the period specified by the Plan Commission in the resolution approving the plat, the approval shall be deemed to have expired.
(5) In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the town may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.
(D) Inspection of improvements.
(1) The Plan Commission shall provide for inspection of required improvements during construction and insure their satisfactory completion.
(2) The applicant may pay to the town an inspection fee as shown below based on the amount of the performance bond, and the subdivision plot shall not be signed by the Chairman of the Plan Commission, unless such fee has been paid at the time of application. These fees shall be due and payable upon demand of the Town Board and no building, improvement or driveway permits shall be issued unless all fees are paid.
Construction cost | Fee percentage |
Construction cost | Fee percentage |
Below $100,000 | Negotiated |
200,000 | 7.9 |
300,000 | 7.2 |
400,000 | 6.4 |
500,000 | 5.9 |
600,000 | 5.6 |
700,000 | 5.3 |
800,000 | 5.0 |
900,000 | 4.8 |
1,000,000 | 4.6 |
2,000,000 | 4.0 |
3,000,000 | 3.3 |
4,000,000 | 3.1 |
5,000,000 | 2.9 |
Greater | Negotiated |
(3) If the Town Engineer finds upon inspection that any of the required improvements have not been constructed in accordance with the Town Board’s construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvement according to specifications.
(E) Acceptance of dedication offers.
(1) Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance of the Town Board.
(2) The approval by the Plan Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the town of any street, easement, or other public areas shown on the plat.
(F) Release or reduction of performance bond.
(1) The Town Board shall not accept dedication of required improvements, nor release nor reduce a performance bond, until the Town Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant’s engineer has certified to the Town Engineer, that the layout of all public improvements is in accordance with construction plans for the subdivision and that a title insurance policy has been furnished to and approved by the Town Attorney indicating that the improvements shall have been completed, are ready for dedication to the town, and are free and clear of any and all liens and recommendation. The Town Board shall thereafter accept the improvements for dedication in accordance with the established procedure.
(2) A performance bond may be reduced upon actual dedication and acceptance of public improvements and then only to the ratio that the public improvements dedicated bear to the total public improvements for the plat. In no event shall a performance bond be reduced below 25% of the principal amount.
(Ord. - -, passed - -80; Am. Ord. 2005-9, passed 5-9-05)
§ 153.051 ASSURANCE FOR MAINTENANCE.
(A) General requirement. The applicant shall be required to maintain all improvements on the subdivided lots and, if required, provide for snow removal and traffic control on streets and sidewalks until acceptance of the improvements by the Town Board.
(B) Posting of maintenance bond. The applicant may be required to file a maintenance bond with the Town Board, prior to dedication, in an amount considered adequate by the Town Engineer, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period of three years after the date of their acceptance by the Town Board and dedication of same to the town.
(Ord. - -, passed - -80)
§ 153.052 DEFERRAL OR WAIVER OF IMPROVEMENTS.
(A) General conditions. The Plan Commission may defer or waive at the time of final approval, subject to appropriate conditions, the provisions of any or all such improvements as, in its judgement, are not requisite in the interest of public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.
(B) Assurance for future completion. Whenever it is deemed necessary by the Plan Commission to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay his share of the costs of the future improvements to the town prior to signing of the final subdivision plat, or the applicant may post a bond insuring completion of the improvements upon demand of the Town Board.
(Ord. - -, passed - -80)
§ 153.070 GENERAL REQUIREMENTS.
(A) Plats. In addition to the requirements established herein, all subdivision plats shall comply with the following rules, laws, and regulations:
(1) All applicable statutory provisions;
(2) The town zoning ordinances, building and housing codes, and all other applicable laws of the town;
(3) The official Comprehensive or Master Plan, Public Utilities Plan, Thoroughfare Plan, and Capital Improvements Program of the town, including all public facilities, open space and recreation plans as adopted;
(4) The rules and regulations of State Board of Health, Department of Natural Resources, Aeronautics Commission and other appropriate state agencies;
(5) The rules, regulations and standards of the Indiana State Highway Commission if the subdivision or any lot contained therein abuts a state highway;
(6) All applicable planning and regulatory guidelines, including access control or driveway manuals, parking and traffic control ordinances, and other applicable guides published by the local governmental units;
(7) The Indiana Manual on Uniform Traffic Control Devices for installation of traffic control devices. (See § 153.091).
(B) Construction plans. Plat approval may be withheld if a subdivision is not in conformity with the above plan requirements or with the following requirements for construction plans:
(1) It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by an engineer, a complete set of construction plans, including profiles, cross-sections, specifications, and other supporting data for all required public streets, utilities and other facilities.
(2) The final construction plans shall be based on preliminary plans which have been approved with the preliminary plat, and shall be prepared and submitted in conjunction with the final plat.
(3) Construction plans shall be prepared in accordance with the local government’s standards and specifications.
(C) Material and construction control. To assure compliance with good engineering practice, the subdivider, contractor, or developer is required to follow the latest issue of the Indiana State Highway - Standard Specifications for material and construction control, except when different specifications are explicitly described in these regulations, or adopted by the local Town Engineer and approved by all appropriate boards, commissions, agencies, and officials of the town.
(D) Political and jurisdictional boundaries. To eliminate potential jurisdictional disputes and to facilitate effective coordination and control of development, the Plan Commission shall be guided by the following policy:
(1) Whenever access to the subdivision is required across land in another local government, the Commission shall request assurance from that local Town Attorney that access is legally established, and from the Town Engineer that the access road is adequately improved, or that a performance bond has been duly executed and is sufficient in amount to assure the construction of the access road.
(2) Lot lines shall be laid out so as not to cross boundary lines between adjacent units of local government which have separate governing bodies for the purpose of regulation and control of land use and development.
(E) Public improvements. Every subdivider shall be required to install the following public and other improvements in accordance with the conditions and specifications in these regulations:
(3) Bicycle pathways may be provided within all subdivisions, as part of the public right-of- way or separate easement, if such facilities have been specified in an overall bicycle plan as adopted by the town.
(4) All bridges and culverts shall be constructed in accordance with applicable engineering standards as approved by the local engineer.
(5) All driveways, and when approved or required, all median openings and auxiliary lanes shall be constructed as specified in the local regulations covering the construction of such elements of the streets.
(6) Underground installation of communication and electric utilities is encouraged and may be required subject to the adopted policies of the Plan Commission.
(7) All public water supply and sewer systems shall be constructed in accordance with the adopted local plans and specifications.
(8) The placement of fire hydrants and water mains for adequate fire protection shall be in accordance with the appropriate fire district standards.
(9) Street name signs shall be installed in the appropriate locations at each street intersection in accordance with the local standards. (See § 153.032(B)(11)).
(10) Pedestrian walkways, when required, shall have easements at least ten feet in width and include a paved walk at lease five feet in width.
(11) Greenbelts or landscape screening may be required for the protection of residential properties from adjacent major arterial streets, railroad rights-of- way, commercial or industrial areas, or other features.
(12) Street lights may be required to be installed at intersections throughout the subdivision and such installations shall conform to the requirements of the Town Board and the public utility providing such lighting.
(Ord. - -, passed - -80)
§ 153.071 SUBDIVISION AND LOT LAYOUT.
(A) Street location and arrangements. Within a proposed subdivision, arterial and collector streets, as shown on the Comprehensive Plan, shall be dedicated to the public in all cases. In general, all other streets, including new collectors and locals, shall also be dedicated to public use. The street layout shall conform to the following:
(1) When an official street plan or Comprehensive Plan has been adopted, subdivision streets shall conform to such plans.
(2) Local streets shall be so arranged as to discourage their use by through traffic.
(3) The construction of stub streets shall not be permitted except where the adjoining areas are under the same ownership as the area proposed to be subdivided. In such a case the arrangement of streets in new subdivisions may be such that the streets extend to the boundary line of the tract to make provisions for the future extension of the streets into adjacent areas. The Commission shall require a reserve strip to be held in public ownership or other assurances from the developer to assure the future extension of such temporary stub streets. The developer shall install a guard rail across the stub end of the street and post markings and signs as required in the Manual on Uniform Traffic Control Devices, Indiana. (See § 153.091).
(4) Local streets shall be arranged in proper relation to topography in a manner which results in usable lots, safe streets and acceptable gradients without unnecessary destruction of drainage courses, trees and other natural features of land.
(5) Alleys shall be provided in multiple- dwelling or commercial subdivisions unless other provisions are made for service access and off-street loading and unloading. Dead-end alleys shall be prohibited.
(6) Where a subdivision abuts or contains an arterial street, it shall be required that frontage roads be constructed approximately parallel to and on each side of such arterial street. The Commission may require such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic.
(7) No intersection shall be constructed with more than four approach legs and the development of three-legged intersections is encouraged due to the increased safety of such intersections.
(8) Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with these regulations and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract.
(9) Whenever a proposed subdivision borders an existing street, the Commission may require the reconstruction or widening of such street as a condition of plat approval. Additional dedication of right-of-way may also be required.
(10) Private streets and roads shall be prohibited except within flexible zoning subdivisions and mobile home subdivisions.
(B) Lot arrangements.
(1) The lot arrangements shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the zoning regulations and other regulations and in providing safe driveway access to buildings on such lots from an approved street.
(2) Lot dimensions shall comply with the minimum standards of the zoning regulations.
(3) Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from arterial streets or to overcome specific disadvantages of topography and orientation.
(4) Lots shall not, in general, derive access exclusively from an arterial or major collector street. Where driveway access from an arterial or major collector street may be necessary for several adjoining lots, the Plan Commission may require that such lots be served by a common and combined driveway in order to limit possible traffic hazards on such street.
(5) Lots shall be laid out so as to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area.
(6) Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six inches of cover on the lots and at least four inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.
(7) No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish, or other waste materials of any kind shall be buried in any land, or left deposited on any lot or street at the time the buildings are ready for occupancy.
(8) Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system as determined by the Town Engineer.
(C) Block arrangements.
(1) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major transportation facilities, water courses, and industrial and commercial areas.
(2) Whenever practicable, blocks along arterials and major collector streets shall not be less than 1,000 feet in length. As a general rule, blocks in other residential areas shall not be more than 1,000 nor less than 400 feet in length.
(3) In long blocks, the Plan Commission may require an easement through the block to accommodate utilities, drainage facilities, or pedestrian walkways.
(D) Subdivision and street names.
(1) The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The Plan Commission shall have final authority to approve the name of the subdivision which shall be determined at the time of sketch plat approval.
(2) Street names shall not duplicate any existing name within the area covered by these regulations except where a new street is a continuation of an existing street. Street names that may be spelled differently but sound the same as existing streets shall not be used.
(3) The Plan Commission shall have final authority to name all streets (in case of conflict) upon recommendation of the Administrator at the time of sketch plat approval.
(E) Public sites and open spaces.
(1) Where it is determined that a proposed park, playground, school or other public use as shown on the local government’s plan is located in whole or in part within a proposed subdivision, sufficient area for such public use shall be dedicated to the public or reserved and offered for public purchase. If within three years of plat recording, the purchase is not agreed on, the reservation shall be cancelled or shall automatically cease to exist.
(2) Existing natural features which add value to residential development and enhance the attractiveness of the community shall be preserved in the design of the subdivision.
(Ord. - -, passed - -80)
§ 153.090 MONUMENTS.
(A) General. All monuments shall be properly set flush with the ground and approved by a registered land surveyor prior to the time the Plan Commission recommends approval of the final plat.
(B) External boundaries.
(1) The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less than 30 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on top with a cross, brass plug, iron rod, or other durable material securely embedded; or if approved by the Town Board having jurisdiction over these regulations, by iron rods or pipes at least 30 inches long and 2 inches in diameter.
(2) The spacing and exact location requirements shall be established by the Town Engineer and Surveyor. The Plan Commission may amend these requirements.
(C) Internal boundaries. All internal boundaries and those corners and points not covered by the preceding paragraph shall be monumented in the field by like monuments as described above. These monuments shall be placed at all block corners, at each end of all curves, and at all internal angle points as required by the Town Engineer.
(Ord. - -, passed - -80)
§ 153.091 TRAFFIC CONTROL DEVICES.
(A) Regulatory signs. The applicant may be required to deposit with the Town Board at the time of final subdivision approval the sum of $50 for each sign required by the Town Engineer at all road intersections. The town shall install all such signs in accordance with the Manual on Uniform Traffic Control Devices of Indiana. No fee shall be charged for other regulatory signs.
(B) Warning signs and other devices. The town shall be responsible for the installation of all warning signs and other traffic control devices, except when warranted in industrial and commercial areas, the developer may be required to pay the cost of traffic signal installation and interconnection.
(Ord. - -, passed - -80)
§ 153.092 STREETS AND ROADS.
(A) General. In order to provide for streets of suitable location, width, and improvement to accommodate expected traffic and afford satisfactory access to police, firefighting, snow removal, sanitation, and road-maintenance equipment, and to coordinate street development so as to compose a convenient system, avoid undue hardships to adjoining properties and assure compatibility with long range and comprehensive plans, all streets shall be designed according to the geometric standards set forth in these regulations.
(B) Principles of design.
(1) Subdivision street design, as a general rule, deals with the design of local and minor collector streets which are part of a functionally classified overall street and road system of an area (see Appendix A, Tables 1 and 2 and Appendix B, (Figure 1) for average dimensions by Functional Classification). In designing and approving subdivision streets, the following factors shall receive consideration:
(a) Safety for both vehicular and pedestrian traffic;
(b) Efficiency of service for all users;
(c) Livability or amenities as affected by traffic elements in the circulation system;
(d) Economy of both construction and use of land.
(2) Design of major collector and arterial streets shall require special design and approval of the Town Engineer and the following design guidelines are therefore specifically intended for streets within the subdivision: minor collectors and locals.
(C) Interpretation of design tables. Tables 1 and 2 (See Appendix A) and Figure 1 (See Appendix B) represent average conditions and are included in these regulations to illustrate the hierarchy of functional classification. Tables 3 and 4 (See Appendix A) represent specific design standards for minor collectors and local streets respectively. Design variation or control is based on “terrain classification” and “development density” as described below:
(1) Definitions of terrain classification are:
(a) LEVEL. Cross slopes range of 0% to 8%.
(b) ROLLING. Cross slopes range of 8.1 % and over.
(2) Definitions of density classification in terms of gross land area are:
(a) LOW. Two or less dwelling units per acre.
(b) MEDIUM. Two and one-tenth or six dwelling units per acre.
(c) HIGH. Over six dwelling units per acre.
(D) Design traffic volumes. The design hourly volume, DHV, or average daily traffic, ADT, is accepted basis for design. In rural areas the Town Engineer may amend the design standards as determined by traffic demand analysis. However, the traffic volume usually is not a major criterion in determining the geometric values to be used in designing low volume residential local and minor collector streets. Traffic volumes are a major factor to be considered for streets serving commercial and industrial areas and the Town Engineer is required to give special attention to these areas.
(E) Design speed. Design speeds are not a major factor for urban residential local and minor collector design. As a general rule, the same rule can be applied to rural low volume roads in subdivision design. The slight distances and curve radii in Tables 3 and 4 (See Appendix A) are commensurate with average acceptable design speeds.
(F) Vertical grades.
(1) Drainage design may become critical where grades exceed 4%. For this reason, grade slower than the suggested tabular values are encouraged. Commercial and industrial streets shall be held to a maximum grade of 4%. Residential streets shall in no case exceed the tabular values. In order to provide for proper drainage the minimum grade should be held to 0.5%.
(2) The maximum grade on the approach leg of any intersection shall not exceed 2% in level terrain.
(G) Superelevation. Superelevation is usually not required in residential areas. It should be considered in commercial and industrial areas and for collector streets where operating speeds may exceed 30 to 55 miles per hour. Where superelevation is used, street curves should be designed for a maximum superelevation rate of:
(1) Urban: 0.04 to 0.06 foot per foot; and
(2) Rural: 0.08 to 0.12 foot per foot.
(H) Horizontal alinement. Minimum centerline radii for horizontal curves shall be as specified in Tables 3 and 4 (See Appendix A). The minimum tangent between reverse curves shall be:
(1) Residential Local: 100 feet;
(2) Residential Minor: 150 feet; and
(3) Commercial/Industrial Collector: 200 feet.
(I) Intersections.
(1) Intersections, including median openings, should be designed with adequate corner sight distance. The recommended minimum corner sight distance is 200 feet for local streets and 300 feet for minor collectors. In order to maintain these distances the local Town Engineer or the Administrator may recommend regulations to restrict the height of embankment, location of buildings and screening fences and landscaping, and other provisions necessary for intersection sight control.
(2) The minimum intersection angle shall be 75.
(3) Closely spaced offset intersections are undesirable. The minimum intersection centerline offset (jog) shall be 150 feet. To accommodate transitional tapers, turning lanes and other potential roadway design requirements where needed, the Town Engineer may recommend longer offsets.
(4) The minimum curb return radius at local streets shall be 15 feet and at residential collector streets 20 feet. The desirable radius is 25 and 30 feet respectively. On commercial and industrial streets the radius shall be 30 feet except where traffic conditions may warrant a smaller radius. The use of three- centered curves may be required in commercial and industrial areas to accommodate the largest vehicles expected.
(J) Culs-de-sac.
(1) The maximum length of a residential local street cul-de-sac shall be 600 feet. Wherever a minor collector street serves exclusively an industrial or commercial area, a cul-de-sac may be allowed and the length may be increased to 1,000 feet. This special provision shall be allowed only in areas which have difficult access or are otherwise unsuitable for normal subdividing. However, a 48-foot pavement shall be required in all cases under this special provision. No culs-de-sac are allowed on residential collectors.
(2) The minimum radii for culs-de-sac shall be as follows:
(a) Local: right-of-way or outside, 50 feet; back-to-back of curb, 38 feet;
(b) Commercial/Industrial: right-of- way or outside, 60 feet; back-to-back of curb, 50 feet.
(K) Auxiliary lanes. The Town Engineer shall require construction of parking and turning lanes and transitional tapers where warranted.
(L) Sidewalks. Sidewalks shall be provided along both sides of streets used for pedestrian access to schools located in commercial areas. In medium density residential areas, the Commission may allow for a sidewalk on one side only. Minimum thickness shall be four inches portland cement concrete.
(M) Subgrades and pavements.
(1) Specifications for construction and materials shall be as set forth in the applicable sections of Standard Specifications of the Indiana State Highway Commission. All pavements shall be constructed on compacted subgrade.
(2) Rigid pavements (air-entrained plain cement concrete) shall meet the following minimum requirements:
(a) Pavement thickness: 6 inches on local streets; 7 inches on residential collector streets; 8 inches on commercial/industrial collector streets;
(b) Contraction joints: placed at a spacing of 20 feet or less; placed at every catch basin and manhole in line of pavement; extend throughout side strips and curbs to full width of pavement.
(c) Expansion joints: with approved dowel bar assembly, shall be placed at intersections; where shown on plans.
(3) (a) Flexible pavements may be used. For full depth hot asphaltic concrete or hot asphalt emulsion, the minimum pavement thickness shall be:
1. Seven and one-half inches on local streets;
2. Nine and one-half inches on residential collector streets;
3. Eleven and one-half inches on commercial/industrial collector streets; and
4. Special design on all other streets.
(b) In lieu of full depth asphalt construction, conventional flexible pavements may be used, provided, however, that they meet the following minimum requirements:
1. In no case shall the maximum lift exceed 32 inches;
2. Local Streets: 3 inches HAC on 8 inches of compacted aggregate base;
3. Collector Streets: 3 inches HAC on 8 inches of compacted aggregate base. Commercial and Industrial Collectors may require higher standards.
(Ord. - -, passed - -80)
§ 153.093 DRAINAGE FACILITIES.
(A) General. The Plan Commission shall not recommend for approval any plat of subdivision which does not make adequate provision for storm or flood water runoff. The drainage systems shall be separate and independent of any sanitary sewer system. Storm sewers, where required, shall be designed according to the methods recommended by the Town Engineer, endorsed by the Administrator, and approved by the Plan Commission, and a copy of the design computations shall be submitted along with plans. Inlets shall be provided so that surface water is not carried across or around any intersection, nor for a distance of more than 400 feet in any gutter. Surface water drainage patterns shall be shown for each and every lot and block.
(B) Requirements for storm sewers.
(1) The applicant may be required by the Plan Commission to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of, the subdivision. Such drainage facilities shall be located in the road right-of- way where feasible, or in perpetual unobstructed easements of appropriate width.
(2) Where a public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters subject to the specifications of the local Town Engineer.
(3) Where conditions exist that would require a sewer size larger than what is normally required for a particular size subdivision, the town may bear the additional cost for the oversized facility, over and above what would be required for the subdivision alone.
(4) In subdivisions containing lots less than 15,000 square feet in area and in commercial and industrial districts, the Commission shall require that underground storm sewer systems be constructed throughout the subdivisions and be conducted to an approved out-fall regardless of the distance of public sewer facilities.
(5) If the Commission determines that a connection to a public storm sewer will eventually be provided as shown in existing local plans and programs, the developer shall make arrangements for future storm water disposal in the subdivision by a public utility system at the time the plat receives final approval. Provision for such connection shall be incorporated by inclusion in the performance bond required for the subdivision plat.
(C) Poor drainage areas. Whenever a plat is submitted for an area which is subject to flooding, the Plan Commission may approve such application provided that the applicant fills the affected area of the subdivision to an elevation as determined by the Town Engineer.
(D) Flood plain areas. The Plan Commission may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit the subdivision or any portion of the property which lies within the flood plain. Any approvals within the flood plain shall, at a minimum, meet the requirements of the Indiana Department of Natural Resources.
(E) Drainage easements. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, the subdivider shall provide a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be acceptable to the Town Engineer. Such easement shall be adequately monumented and wherever possible, it is desirable that the drainage be maintained by open channel with landscaped banks.
(Ord. - -, passed - -80)
§ 153.094 WATER FACILITIES.
(A) General.
(1) Necessary action shall be taken by the applicant to extend or create a water-supply district for the purpose of providing a water supply system capable of providing water for domestic use and fire protection.
(2) Where a public water main is accessible the subdivider shall install adequate water facilities, including fire hydrants, subject to the specification of state and local authorities.
(3) The location of all fire hydrants, all water supply improvements, and the boundary lines of proposed districts, shall be shown on the sketch plat, and the cost of installing same shall be included in the performance bond.
(B) Individual wells and central water systems. In low-density zoning districts and in outlying or rural areas, at the discretion of the Plan Commission, if a public water system is not available, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to every lot in the subdivision. Individual wells and central water systems shall be sampled and approved by the appropriate health authorities.
(C) Fire hydrants. Fire hydrants shall be required for all subdivisions except those coming under § 153.094(B) of this subchapter. Unless otherwise specified by local fire regulations, fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure and shall be approved by the local fire protection unit.
(Ord. - -, passed - -80)
§ 153.095 SEWAGE FACILITIES.
(A) General. The applicant shall install sanitary sewer facilities in a manner prescribed by the Town Board’s construction standards as approved by the Town Engineer. All plans shall be designed, and sewer facilities (including laterals in the right-of-way) installed, subject to the specifications, rules, regulations, aid guidelines of the Town Engineer and appropriate health and other officials. Necessary action shall be taken by the applicant to extend or create a sanitary sewer district for the purpose of providing sewer facilities to the subdivision where no facilities exist for the land to be subdivided. Where conditions exist that would require a sewer size larger than what is normally required for a particular size subdivision, the town may bear the additional cost between what would normally be required for the subdivision and the oversized facility.
(B) High-Density Residential and Nonresidential Districts. Sanitary sewer facilities shall connect with public sanitary sewer systems. Sewers shall be installed to serve each lot and to grades and sizes required by appropriate local officials and agencies. No individual disposal system or treatment plants (private or group disposal systems) shall be permitted.
(C) Low- and Medium-Density Residential Districts. Sanitary sewer systems shall be constructed as follows:
(1) Where a public sanitary sewer system is reasonably accessible (as determined by the Plan Commission) the applicant shall connect with it and provide sewers to each lot in the subdivision.
(2) Where public sanitary sewer systems are not reasonably accessible but will become available within a reasonable time not to exceed 15 years, the applicant may choose to install one of the following alternatives:
(a) Central sewerage system with the maintenance cost to be assessed against each property benefitted. Where plans for future public sanitary sewer systems exist, the applicant shall install the sewer lines, laterals, and mains in conformance with such plans and ready for connection to such future sewer mains; or
(b) Individual sewage disposal systems, provided the applicant shall install sanitary sewer lines, laterals, and mains to a point in the subdivision boundary where a future connection with the public sewer main shall be made. Sewer lines shall be laid from the individual dwellings to the street line, and a connection shall be available in each dwelling to connect from the individual disposal system to the sewer system when the public sewers become available. Such sewer systems shall be appropriately capped until ready for use.
(3) Where sanitary sewer systems are not reasonably accessible and will not become available within an estimated 15-year period, the applicant may install sewerage systems as follows:
(a) Medium-Density Residential Districts shall have a central sewerage system. No individual disposal system will be permitted. The Commission may, however, where plans exist for a public sewer system to be built beyond a period of 15 years, require that the applicant install all sewer lines, laterals, and mains in conformance with such plans and ready for connection to such public sewer mains.
(b) Low-Density Residential Districts may have individual sewage disposal systems or a central sewerage system can be used.
(D) Mandatory connections to public sewers. If a public sanitary sewer is accessible and a sanitary sewer is placed in a street or alley abutting upon a property, the owner thereof shall be required to connect to the sewer for the purpose of disposing of waste. It shall be unlawful for any such owner or occupant to maintain upon any such property an individual sewage disposal system.
(E) Individual disposal system requirements. Minimum lot areas shall conform to the requirements of the zoning regulations and percolation tests and test holes shall be made as directed by the Town Engineer in conformance with health department regulations.
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§ 153.096 NONRESIDENTIAL SUBDIVISIONS.
(A) General.
(1) If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to such land shall make such provision as the Plan Commission may require.
(2) A nonresidential subdivision shall be subject to all the requirements of site plan and approval set forth in the zoning regulations. Site plan approval and nonresidential subdivision plat approval may proceed simultaneously at the discretion of the Commission. A nonresidential subdivision shall also be subject to all the requirements of these regulations, as well as such additional standards required by the Commission, and shall conform to the proposed land use and standards established in the Comprehensive Plan and other plans of the town.
(B) Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the Commission that the street, parcel, and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed.
(1) Each nonresidential area or parcel shall be shown, and marked on the plat as to its intended use.
(2) Proposed parcels shall be suitable in area and dimensions to the types of development anticipated.
(3) Special requirements shall be imposed by the local government with respect to street, curb, driveway, and sidewalk design and construction.
(4) The Town Engineer shall approve in writing prior to final plat approval that the proposed non-residential development will not conflict with traffic circulation patterns, and requirements for driveway location and design, and can reasonably be implemented at no cost to the town.
(5) Special requirements may be imposed by the Town Board with respect to the installation of public utilities, including water, sewer, and storm water facilities.
(6) Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed nonresidential subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.
(7) Streets carrying nonresidential traffic shall not be extended to the boundaries of adjacent existing or potential residential areas. No residential local street shall terminate at a proposed or existing nonresidential area.
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§ 153.110 SKETCH PLAT.
(A) General. All sketch plats submitted to the Plan Commission, prepared in pen or pencil, shall be drawn to a convenient “engineer’s” scale of not more than 100 feet to an inch and shall show all information described in this section.
(B) Name.
(1) Name of subdivision if property is within an existing subdivision.
(2) Proposed name if not within a previously platted subdivision.
(C) Ownership.
(1) Name and address, including telephone number, of legal owner or agent of property involved giving grantor, grantee, date, and land records reference.
(2) Citation of any existing legal rights-of- way or easements affecting the property.
(3) Existing covenants on the property, if any.
(4) Name and address, including telephone number, of the professional engineers and surveyors responsible for subdivision design, for the design of public improvements, and for surveys.
(D) Description. Location of property by lot, section, township, range and county, and it shall include a graphic scale, north arrow and date.
(E) Features.
(1) Location of property lines, existing easements, burial grounds, railroad rights-of-way, watercourses, and existing wooded areas or trees eight inches or more in diameter, measured four feet above ground level; location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract.
(2) Location, sizes, elevations, and slopes of existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto; existing permanent buildings and utility poles on or immediately adjacent to the tract, and utility rights-of-way.
(3) Approximate topography at the same scale as the sketch plat.
(4) The approximate location and widths of proposed streets.
(5) Preliminary proposals for connection with existing water supply and sanitary sewer systems, or alternative means of providing water supply and sanitary waste disposal and treatment; preliminary provisions for collecting and discharging surface water drainage.
(6) The approximate location, dimensions, and areas of all proposed or existing lots.
(7) The approximate location, dimensions, and area of all parcels of land proposed to be set aside for park or playground use or other public use, or for the use of property owners in the proposed subdivision.
(8) The location of temporary stakes to enable the Town Engineer to find and appraise features of the sketch plat in the field, if needed.
(9) Whenever the sketch plat covers only a part of an applicant’s contiguous holdings, the applicant shall submit, at the scale of no more than 200 feet to the inch, a sketch in pen or pencil of the proposed subdivision area, together with its proposed street system, and an indication of the probable future street and drainage system of the remaining portion of the tract.
(10) A vicinity map showing streets and other general development of the surrounding area. The sketch plat shall show all school and improvement district lines with the districts (or zones) properly designated.
(Ord. - -, passed - -80)
§ 153.111 CONSTRUCTION PLANS.
(A) General. Construction plans shall be prepared for all required improvements. Plans shall be drawn on standard 24 by 36 inch sheets at a scale of no more than 1 inch equals 50 feet.
(B) Features. The plans shall show the following:
(1) Profiles showing existing and proposed elevations along center lines of all streets. Where a proposed street intersects an existing street or streets within 100 feet of the intersection. Approximate radii of all curves, lengths of tangents, and central angles on all streets.
(2) The Plan Commission may require, where steep slopes exist, that cross-sections of all proposed streets at 100-foot stations shall be shown at five points as follows: On a line at right angles to the center line of the street, and the elevation points shall be at the center line of the street, each property line, and points 25 feet inside each property line.
(3) Plans and profiles showing the location and typical cross-section of streets including curbs and gutters, sidewalks, rights-of-way, drainage facilities, manholes, and catch basins; the location, size and invert elevations of existing and proposed sanitary sewers, storm water drains, and fire hydrants, showing connection to any existing or proposed utility systems; the location of street trees, street lighting standards, and street signs; and exact location and size of all water, gas, or other underground utilities or structures.
(4) Location, size, elevation and other appropriate description of any other existing physical and natural features or facilities, including features noted on the official maps of the town, trees with a diameter of eight inches or more (measured four feet above ground level), the points of connection to proposed facilities and utilities, and the approximate high- and low-water elevations of all ponds, lakes and streams. All elevations shall be referred to the U.S.G.S. datum plane.
(5) Topography at the same scale as the sketch plat, with contour intervals at two and/or five feet, depending on the terrain type.
(6) All specifications and references required by the town’s construction standards and specifications, including a site-grading plan for the entire subdivision, and a traffic control and barricading plan, where required.
(7) Space for notation of approval as follows:
APPROVED BY:
Owner_______________ Date____________
Plan Commission Chairman_______________
Date___________
(8) Title, name, registration number (seal), address, and signature of professional engineer and surveyor, and date.
(Ord. - -, passed - -80)
§ 153.112 FINAL PLAT.
(A) General. The final subdivision plat shall be presented as required in § 153.031(D), and at the same scale and contain the same information (except for any changes or additions required by resolution of the Plan Commission) as shown on the preliminary plat. All revision dates must be shown as well as the following:
(1) Notation of any self-imposed restrictions, and locations of any buildings and litres proposed to be established in this manner, if required by the Commission in accordance with these regulations. The Commission may require that restrictive covenants be recorded with the County Recorder in a form to be approved by the Town Attorney.
(2) Lots numbered as approved by the Plan Commission.
(3) All monuments erected and noted.
(B) Preparation. The final subdivision plat shall be prepared and sealed by a registered land surveyor.
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§ 153.998 VIOLATIONS.
(A) It shall be the duty of the Administrator to periodically research the County Assessor’s records and perform other necessary investigation to detect any violations of these regulations.
(B) The Administrator shall enforce these regulations and bring to the attention of the prosecuting attorney any violations or lack of compliance herewith.
(C) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of the subdivision has been approved by the Plan Commission, in accordance with the provisions of these regulations, and filed with the County Recorder.
(D) No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by these regulations until the proposed subdivision has been approved by the Plan Commission in accordance with these regulations.
(E) No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.
(F) The prosecuting attorney shall, in addition to taking whatever criminal action deemed necessary, take steps to civilly enjoin any violation of these regulations.
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§ 153.999 PENALTY.
(A) Penalties for failure to comply with the provisions of these regulations shall be as follows: Violation of any of the provisions of these regulations or failure to comply with any of its requirements shall constitute a misdemeanor. Each day a violation continues shall be considered a separate offense. The land owner, tenant, subdivider, builder, public official or any other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense. Nothing herein contained shall prevent the Town Board or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of these regulations.
(B) Any person, firm, or corporation who violates any of these regulations shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $10 and not more than $300.
(Ord. - -, passed - -80)
TABLE 1. RURAL GEOMETRIC DESIGN STANDARDS BY FUNCTIONAL CLASSIFICATION.
Functional Class | Major Arterial | Minor Arterial | Major Collector | Minor Collector | Local |
Functional Class | Major Arterial | Minor Arterial | Major Collector | Minor Collector | Local |
Aver. Daily Volume, ADT | 5,000—7,000 | 1,500—5,000 | 750—1,500 | 400—750 | Less than 400 |
Operating Speed | 50—55 | 50—55 | 45 | 30—45 | 30 |
No. of Traffic lanes & Width, ft. | Initial: 2@12(a) Ultimate: 4@12 | 2 @ 2(a) | 2 @ 2(a) | 2 @ 2(a) | 2 @ 2(a) |
Shoulder Width, ft. | 11(c) | 11(c) | 11(c) | 8 | 6 |
Median Width, ft. | Initial: None Ultimate: 60 | None | None | None | None |
Min. Right-of- way, ft. | 250 or more | 160 | 100 | 80 | 60 |
Gradient, Max, ft. | 3 | 4 | 4 | 5 | 8 |
Curvature, Max, Percent | 2 | 3 | 4 | 8 | 12 |
Min. Stopping Sight Dist., ft. | 600 | 600 | 475 | 350 | 200 |
Min. Passing Sight Dist., ft. | 2,300 | 2,300 | 2,000 | 1,700 | 800 |
Access Control | Partial | Partial where feasible | None | None | None |
(a) Through traffic lanes only. Auxiliary lanes, including parking, are not included. For parking lanes on Urban Section add ten feet on either or both sides as required. (c) Shoulder may be reduced two feet in cut sections in difficult terrain. Shoulder width shown includes stabilized portion, if any. | |||||
(Ord. - -, passed - -80)
TABLE 2. URBAN GEOMETRIC DESIGN STANDARDS BY FUNCTIONAL CLASSIFICATION.
Functional Class | Major Arterial | Minor Arterial | Major Collector | Minor Collector | Local |
Functional Class | Major Arterial | Minor Arterial | Major Collector | Minor Collector | Local |
Design Hour Volume, DHV | Over 2,000 | Less than 2,000 | 900—1,800 | Less than 900 | Generally Less than 500 |
Operating Speed, mph. | 25—35 | 25—35 | 20—30 | 20—30 | 2 @ 15(b) |
No. of Traffic Lanes & Width, ft. | 6 @ 12(a) | 4 @ 12(a) | 4 @ 12(a) | 2 @ 18(b) | 2 @ 15(b) |
Median Width, ft. | 4' Min. 30' Des. | 4' Min. 30' Des. | None | None | None |
Min. Right-of-Way, ft. | 120—160 | 120—160 | 100 | 80 | 60 |
Gradient, Max, Percent | 4 | 4 | 5 | 5 | 8 |
Min. Centerline Radius, ft. | 475 | 350 | 250 | 200 | 150 |
Min. Stopping Sight Dist., ft. | 275 | 275 | 275 | 200 | 150 |
Curbing | Barrier | Barrier | Barrier | Barrier or Mountable | Mountable |
Min. Curb Return Radius, ft. | 30 | 30 | 30 | 20(d) | 15 |
Min. Intersection Angle, Deg. | 75 | 75 | 75 | 75 | 75 |
Min. Street Jog, ft. | NA | NA | NA | 150 | 150 |
Min. Width of Sidewalks, ft. | 5 | 5 | 5 | 5 | 5 |
Max. Cul-de-Sac Length, ft. | NA | NA | NA | 1,000(e) | 600 |
Min. Cul-de-Sac Radius, ft. | NA | NA | NA | 50(e) | 40 |
Access Control | None | None | None | None | None |
(a) Through traffic lanes only. Auxiliary lanes, including parking, are not included. For parking lanes on Urban Section add ten feet on either or both sides as required. (b) Lane Width includes two-foot curb and gutter section. (c) Twenty-foot radius for residential areas only. For Industrial-Commercial areas radius is a minimum of 30 feet. (d) Culs-de-sac allowed for Industrial-Commercial areas only to encourage development in otherwise unsuitable plats. | |||||
(Ord. - -, passed - -80)
TABLE 3. COLLECTOR STREET STANDARDS.
Terrain Classification | Level | Rolling | ||||
Terrain Classification | Level | Rolling | ||||
Development Density | Low | Med | High | Low | Med | High |
Right-of-Way Width, ft. | 80 | 80 | 80—100 | 80 | 80 | 80 |
(a) Pavement Width, ft. | 36 | 36 | 40—48 | 36 | 36 | 40—48 |
Type of Curb | Barrier | |||||
Sidewalk Width, ft. | 5’ min. | |||||
Sidewalk Distance from Curb Face, ft., Min. | 10’ min. | |||||
Minimum Sight Distance, ft. | 275 | 200 | ||||
Maximum Grade (%) | 4 | 6 | ||||
Minimum Spacing Along Higher Class Street, ft. | 1,320 | |||||
Minimum Centerline Radius, ft. | 275 | 200 | ||||
(a) Width measured face-to-face of curbs.
| ||||||
(Ord. - -, passed - -80)
TABLE 4. LOCAL STREET STANDARDS.
Terrain Classification | Level | Rolling | ||||
Terrain Classification | Level | Rolling | ||||
Development Density | Low | Med | High | Low | Med | High |
Right-of-Way Width, ft. | 50 | 60 | 60 | |||
(a) Pavement Width, ft. | 24 | 28 | 36 | 24 | 30 | 36 |
Type of Curb (O = None; B = Barrier; R = Roll-type) | O | R | B | O | R | B |
Sidewalk Width, ft. | 0 | 5 | 5 | 0 | 5 | 5 |
Sidewalk Distance from Curb Face, ft, Min. | — | 5 | 5 | — | 5 | 5 |
Minimum Sight Distance, ft. | 200 | 150 | ||||
Maximum Grade (%) | — | 4 | — | — | 8 | — |
Minimum Centerline Radius, ft. | 250 | 175 | ||||
(a) Width measured back-to-back of curbs except where no curbs are required. | ||||||
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§ 1. TYPICAL CROSS-SECTIONAL DESIGN.
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§ 2. LENGTH OF VERTICAL CURVES.
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§ 3. CULS-DE-SAC.
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§ 4. SIDEWALK NEXT TO PROPERTY LINE.
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§ 5. SIDEWALK NEXT TO CURB.
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§ 6. CONCRETE ROLL CURB AND GUTTER.
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§ 7. COMBINED CONCRETE CURB AND GUTTER: TYPE II.
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§ 8. COMBINED CONCRETE CURB AND GUTTER: TYPE III.
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§ 9. INTEGRAL CONCRETE CURB.
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§ 10. MONOLITHIC CONCRETE CURB.
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§ 11. MONOLITHIC CONCRETE CURB REPLACEMENT.
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§ 12. STRAIGHT CONCRETE CURB.
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§ 13. STRAIGHT CONCRETE CURB REPLACEMENT.
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§ 14. PIPE UNDERDRAIN.
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§ 15. WARP PATTERN CURB AND GUTTER INTO CASTING.
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§ 16. TYPICAL STREET NAME SIGN ASSEMBLY.
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§ 17. FLOODWAY.
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